10010 Dixie Trucking Dec Memorandum 20071221

Dixie Trucking Facility Draft Decision of Memorandum Page 1 of 6
DRAFT DECISION MEMORANDUM
From: Carolyn Minnich

To: BF Assessment File
Date: December 2007

Subject: Former Dixie Trucking Site
3606 North Graham Street
Charlotte, Mecklenburg County Brownfields Project Number 10010-06-60

Based on the following information, it has been determined that the above
referenced site, whose intended use is, restricted use as industrial use specifically for
trucking.
Contaminated Media:
Groundwater is contaminated above unrestricted use levels (NC 2L GW Stds) with
metals, volatile and semivolatile organics. Minor sub-surface soil contamination is
known and surfical soil has not been sampled, but was field screened. Due to the presence of VOCs in the groundwater indoor air is potentially contaminated as well.

Potential Receptors:
Workers (office/construction/outdoor/indoor), trespassers
Analytical Data

Groundwater contaminants (in micrograms per liter, the equivalent of parts per billion),
the standards for which are in Title 15A of the North Carolina Administrative Code,
Subchapter 2L, Rule .0202:
Groundwater Contaminant Sample Location
Date of Max.
Concentration
Sampling
Max.
Concentration above Std.
(µg/L)
Date of
Most
Recent Sampling
Concentration
at most Recent
Sampling
Event (µg/L)
Standard
(µg/L)
Benzene MW-1 03/18/03 514 02/20/06 320 1
Benzene VEW-1 02/20/06 2.1 02/20/06 2.1 1
Benzene ATC-1 02/20/06 1.8 02/20/06 1.8 1
Benzene ATC-16D 02/20/06 1.3 02/20/06 1.3 1
Benzene ATC-17D 02/20/06 1.4 02/20/06 1.4 1
Benzene ATC-18D 01/15/04 6 02/20/06 2.6 1
Benzene ATC-19D 01/15/04 6 02/16/06 3.7 1
Benzene ATC-20D 01/15/04 4 01/15/04 4 1
Dixie Trucking Facility Draft Decision of Memorandum Page 2 of 6
Groundwater
Contaminant
Sample
Location
Date of Max. Concentration
Sampling
Max.
Concentration
above Std. (µg/L)
Date of Most
Recent
Sampling
Concentration at most
Recent Sampling
Event (µg/L)
Standard
(µg/L)
MTBE MW-1 03/18/03 7480 02/20/06 6600 200
Naphthalene MW-1 02/20/06 130 02/20/06 130 21
Trichloroethylene MW-4 03/18/03 258 02/20/06 150 2.8
Trichloroethylene MW-5 02/20/06 4.5 02/20/06 4.5 2.8
Trichloroethylene VEW-1 02/20/06 100 02/20/06 100 2.8
Trichloroethylene ATC-1 02/20/06 3.4 02/20/06 3.4 2.8
Trichloroethylene ATC-2 02/20/06 6.6 02/20/06 6.6 2.8
Trichloroethylene ATC-7D 03/18/03 282 02/20/06 230 2.8
Trichloroethylene ATC-8 03/18/03 11 02/20/06 7.9 2.8
Trichloroethylene ATC-11D 02/20/06 7.6 02/20/06 7.6 2.8
Trichloroethylene ATC-13 03/18/03 17 03/18/03 17 2.8
Trichloroethylene ATC-14D 06/23/03 234 02/16/06 170 2.8
Trichloroethylene ATC-15D 02/20/06 140 02/20/06 140 2.8
Trichloroethylene ATC-16D 02/20/06 3.6 02/20/06 3.6 2.8
Trichloroethylene ATC-17D 02/20/06 180 02/20/06 180 2.8
Trichloroethylene ATC-18D 02/20/06 14 02/20/06 14 2.8
Trichloroethylene ATC-19D 02/16/06 3 02/16/06 3 2.8
Trichloroethylene ATC-21 01/15/04 12 02/20/06 5.1 2.8
Tetrachloroethene MW-4 02/20/06 1.2 02/20/06 1.2 0.7
Tetrachloroethene ATC-6 02/20/06 1.3 02/20/06 1.3 0.7
Tetrachloroethene ATC-7D 02/20/06 1.1 02/20/06 1.1 0.7
Tetrachloroethene ATC-9 02/20/06 67 02/20/06 67 0.7
Tetrachloroethene ATC-10 02/20/06 1.6 02/20/06 1.6 0.7
Tetrachloroethene ATC-11D 02/20/06 1.6 02/20/06 1.6 0.7
Tetrachloroethene ATC-15D 02/20/06 11 02/20/06 11 0.7
Tetrachloroethene ATC-16D 02/20/06 10 02/20/06 10 0.7
Carbon
Tetrachloride ATC-7D 02/20/06 2.0 02/20/06 2.0 0.269

Dixie Trucking Facility Draft Decision of Memorandum Page 3 of 6
Soil
Based on the soil sampling data to date, there is no known soil contamination. In the
BFA, we added an LUR provision for removal of the building pad and an “Area of
Possible Contamination” is provided in number 2. During normal business operations, if
the operators have any spill or release, the impacts would not be covered by brownfields agreement. This would be considered a new release. If during future redevelopment, an
owner comes upon stained or odorous soil they are legally obligated to cease work and
notify DENR. This would be considered a “re-opener” in the existing agreement and
would be addressed as such.

Land Use Restrictions:
1. No use may be made of the Brownfields Property other than as a trucking terminal or
for other industrial purposes. As used in this restriction, “industrial” refers to the assembly, fabrication, processing, storage, transportation and/or distribution of goods or
materials, using processes that may have greater than average (though legal) impacts on
the environment, and may have significant (though legal) impacts on the use and
enjoyment of adjacent property that relate to noise, smoke, fumes, odors, glare, or health
and safety hazards outside the building or lot where such assembly, fabrication, processing, storage, transportation and/or distribution take place. However, the highest
level of the Brownfields Property (identified as “Level I” on the plat component of this
Notice) may not be used as a refueling station or maintenance facility.

2. Soil underlying building foundations in the area identified as “Level I,” on the plat component of this Notice, may not be exposed, and soil in any area of the
Brownfields Property denominated "Area of Potential Soil Contamination" on the plat
component of this Notice may not be disturbed, without prior sampling and analysis to
DENR's written satisfaction of soil proposed to be exposed or disturbed. If sampling
results disclose contamination that DENR determines renders the Brownfields Property unsuitable for the uses specified in Land Use Restriction 1 above, the soil may only be
exposed or disturbed:

a. in conformance with DENR-approved plans and procedures for
protection of public health and the environment while the soil is exposed or disturbed, and

b. if as much soil as DENR requires is removed and disposed of in
accordance with applicable law, or covered with an impervious or hard pervious surface,
in which case the cover shall be maintained in good repair. Information approved in writing by DENR regarding the transportation and disposition of any soil removed from
the Brownfields Property must be supplied in a letter report to DENR within ninety (90)
days following removal.

Dixie Trucking Facility Draft Decision of Memorandum Page 4 of 6
3. No building appearing in the area denominated “Level I,” on the plat component of this Notice, may be enclosed or otherwise altered in a manner that would
affect the movement of outdoor air into the structure, and no building may be constructed
on said “Level I”:

a.. without prior sampling and analysis of soil gas samples to the written satisfaction of DENR; or

b. mechanical ventilation of the building with outdoor air, in compliance
with the most current version of the Mechanical Ventilation section of the Ventilation
chapter of the North Carolina State Building Code, or another standard approved in writing in advance by DENR.

4. No building designed for human occupancy may be constructed on the
Brownfields Property until DENR has been consulted regarding the proximity of the
planned building to the Brownfields Property’s volatile contaminant plume, as reflected in the most recent sampling results reasonably available to DENR. If DENR determines
that the footprint of the building would fall within one hundred (100) feet of said plume,
it may not be constructed until Prospective Developer installs: (i) a vapor barrier system
and/or mechanical or passive vapor mitigation system, or other effective vapor mitigation
system, based on the sampling results referenced above and approved in writing by DENR in advance; or (ii) prepares an assessment of the risk posed by soil gas which
demonstrates to DENR’s written satisfaction that neither a vapor barrier nor mitigation
system is required. If a vapor barrier and/or mitigation system is installed, DENR shall
be provided certification of proper installation under seal of a professional engineer
licensed in North Carolina, as well as photographs illustrating the installation and a brief narrative describing such vapor barrier and/or mitigation system and its installation. No
building as to which DENR is not consulted pursuant to this paragraph may be put to
human use.

5. No activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, fountains, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater) may occur on
the Brownfields Property without prior sampling and analysis of groundwater to the
written satisfaction of DENR in any areas proposed for such activities, and submittal of
the analytical results to DENR . If such results disclose to DENR contamination in excess of the applicable North Carolina groundwater quality standards, the proposed
activities may not occur without the prior written approval of DENR on such conditions
as DENR imposes, including at a minimum compliance with plans and procedures,
approved pursuant to applicable law, to protect public health and the environment during
the proposed activities.
6. No mining may be conducted on or under the Brownfields Property, including,
without limitation, extraction of coal, oil, gas or any other minerals or non-mineral
substances.

Dixie Trucking Facility Draft Decision of Memorandum Page 5 of 6
7. No basements may be constructed on the Brownfields Property unless they are, as determined in writing by DENR, vented in conformance with applicable building
codes.

8. None of the contaminants known to be present in the environmental media at
the Brownfields Property, including those listed in this Notice, may be used or stored at the Brownfields Property without the prior written approval of DENR, except in de
minimis amounts for cleaning and other routine housekeeping activities; provided,
however, that petroleum products may be stored in the Brownfields Property’s
aboveground storage tanks (“ASTs”) denominated as such on the plat component of this
Notice, so long as a permanent monitoring well is:
a. installed at a location approved in writing in advance by DENR that
lies between the ASTs and Level I; and
b. sampled on the same date in December each year (or, if the date falls
on a weekend, on the following business day) by the then owner of the portion of the Brownfields Property containing the well:
i. in accordance with the most current version of the Guidelines of
the Inactive Hazardous Sites Branch of DENR's Superfund Section;
ii. for a set of constituents approved in writing in advance by
DENR prior to the first sampling event (unless the contents of any AST change during a given year, in which case a new set of constituents must be approved);
iii. then analyzed by EPA Method 8260 or another method
approved in writing in advance by DENR; and
iv. the analytical results of which sampling must be submitted to
DENR in writing with the Land Use Restrictions Update required by Land Use Restriction 14 below.
10. The Brownfields Property may not be used as a park or for sports of any kind,
including, but not limited to, golf, football, soccer and baseball, without the prior written
approval of DENR.
11. The Brownfields Property may not be used for agriculture, grazing, timbering
or timber production.

12. The Brownfields Property may not be used as a playground, or for child care
centers or schools.
13. The Brownfields Property may not be used for kennels, private animal pens
or horse-riding.

Dixie Trucking Facility Draft Decision of Memorandum Page 6 of 6
14. No party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit or order issued by,
DENR may be denied access to the Brownfields Property for purposes of conducting
such assessment or remediation.

15. During January of each year after the year in which this Notice is recorded, the then current owner of any part of the Brownfields Property shall submit a notarized
Land Use Restrictions Update to DENR certifying that:

a. the Notice of Brownfields Property containing these Land Use
Restrictions remains recorded at the Mecklenburg County Register of Deeds office;
b. the Land Use Restrictions are being complied with;

c. any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 19.d. above are performing as designed, and the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have not
changed (unless they have changed, in which case a certified update of uses shall be
submitted); and

d. the contents of no AST denominated as such on the plat component of this Notice changed (unless any of said contents have changed, in which case a certified
update of contents shall be submitted).