21007_Hoke Street_DM_20191121

DECISION MEMORANDUM
DATE: November 21, 2019
FROM: Sarah Young & Sharon Eckard
TO: BF Assessment File
RE: Hoke Street Passage Home
500 and 506 Hoke St; 1412 Garner Rd
Raleigh, Wake County
BF # 21007-17-092
Based on the following information, it has been determined that the above referenced
site, whose intended use is for no uses other than for community and economic
development activities including community garden, institutional space, retail,
restaurant, office, associated parking, and subject to DEQ's prior written approval, high
density residential and other commercial uses, can be made suitable for such uses.
Introduction:
The Prospective Developer is Hoke Street PH Redevelopment, LLC, which is a wholly
owned subsidiary of Passage Home, Inc., a 501 (c)(3) nonprofit corporation
headquartered in Raleigh, Wake County that is committed to providing housing and
workforce development training and opportunities to disadvantaged populations. The
Brownfields Property comprises three parcels totaling 3.4 acres: Wake County Tax
Parcels 1703828886 (500 Hoke Street; 0.56 acres), 1703920846 (506 Hoke Street; 0.54
acres), 1703920658 (1412 Garner Road; 2.3 acres). Portions of the Brownfields Property
are undeveloped; however, the 500 Hoke Street parcel was used for industrial purposes.
Redevelopment Plans:
The Prospective Developer purchased the Brownfields Property on February 1, 2017
from McKnitt and Associates, LLC of Raleigh, Wake County and Mountain Rest
Properties, LLC of Black Mountain, NC. The Brownfields Program approved an
Environmental Management Plan (EMP) on August 17, 2018. The EMP, in conjunction
with the Surficial Soil Sampling Report (Aptus Management, May 31, 2018), addresses
the Prospective Developer's plans to construct raised beds, hoop houses and greenhouses
on certain portions of the Brownfields Property that have been approved by the
Brownfields Program.
The Prospective Developer plans to make repairs to and redevelop the former industrial
building located at 500 Hoke Street, which, in addition to the property immediately south
and east of the building, was operated by the Nyetech Hazardous Waste Transport
Facility from approximately 2003-2004. Future plans for the building include community
and economic development activities, including the construction of classroom(s),
computer lab(s), office space(s), a caf6, lounge, and event space. The interior of the
building may be frequented by children and therefore, residential screening levels were
used to develop the Exhibit 2 data tables for this brownfields agreement.
21007-17-092/Hoke Street/21NoQ019

Future plans for the Brownfields Property may involve third party investment in the
Brownfields Property, or the outright sale of a portion or all of the Brownfields Property
with subsequent high density residential or other commercial use, potentially on the
eastern portion of 1412 Garner Road Brownfields Property. This area of the
Brownfields Property has not been assessed for residential use and any agreement
including residential use in this area must be based on additional assessment data
and/or mitigation measures to ensure the suitability of this use.
Site History:
The Brownfields Property was developed prior to 1938 with a residential structure that
was demolished in the 1940s. The remaining portions of the Brownfields Property were
comprised predominantly of cleared land from 1938 until the 1948. The current onsite
building located on PIN 1703828886 (500 Hoke Street) was constructed in 1948; the
structure was expanded to approximately 14,490 square feet in the 1960s and contains a
warehouse, office, and concrete loading dock.
From 1948 until 2013, site history information indicates that the Brownfields Property
was utilized for commercial operations including air conditioning equipment companies
(1950s-1960s), appliance warehouse and wholesale beer and wine distributor (1970s),
commercial plastics company (1980s-1990s), a waste management operation conducting
waste transportation and cleanup operations (approximately 2003-2004), and associated
parking. From 2004 until 2013, the property was idle. From 2013 until 2016, Inter -Faith
Food Shuttle leased the Brownfields Property as an agriculture training center before the
application to the NC Brownfields Program was made. Prior to the site being made
eligible for the NC Brownfields Program, the Inter -Faith Food Shuttle used portions of
the 1412 Garner Road and 506 Hoke Street parcels for in ground gardening.
The subject property is just to the northeast of the Ashland Chemical site (North Carolina
Hazardous Waste Section EPA ID: NCD088560032).
The Brownfields Property, specifically PIN 1703828886 (500 Hoke Street) and portions
of PIN 1703920846 (506 Hoke Street) and 1703920658 (1412 Garner Road) were
assigned EPA ID: NCR000138941 and were regulated under the DWM Hazardous Waste
Section due to the waste management operations from 2003-2004. The EPA ID No.
NCR000138941 was assigned to the facility Nyetech of NC, Inc and later Nyetech
Environmental Solutions (Nyetech) that operated out of 500 Hoke Street at that time. The
Nyetech facility was identified as a hazardous waste transporter. The facility included a
10-day storage area inside the Brownfields Property building (500 Hoke Street) in
addition to a roll off container and tank storage area, mixing area, and a mixing agent
stockpile, all located on the southwestern portion of the Brownfields Property (1412
Garner Road) behind the building. Aerial imagery identified a retention pond and a hand
drawn figure shows a corresponding "pit" location on the southwestern potion of the
Brownfields Property (1412 Garner Road) behind the building. Documentation regarding
the exact location and construction specifics of the mixing pit on the 1412 Garner Road
parcel is limited.
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On January 21-23, 2004, personnel from DEQ's predecessor agency, the State of North
Carolina Department of the Environment and Natural Resources (DENR), conducted site
visits to the Nyetech of NC Inc. facility in response to an oil spill complaint. DENR
personnel observed releases of waste and hydraulic oils at the mixing pit and surrounding
the roll -off containers. Documentation regarding the number and location of leaking
containers stored on property is limited.
On January 26, 2004, DENR issued a Notice of Violation (NOV) (Docket #2004-082) to
Nyetech, Inc. The NOV included the following violations: releases of waste from the
onsite roll offs to the environment, failure to mark containers appropriately, and storage
of hazardous waste in excess of the 10-day limit allowed for transporters.
On January 23, 2004, DENR's Hazardous Waste Section, Compliance Branch, issued a
Notice of Violation (NOV) (Docket #2004-082) to Nyetech of NC, Inc. This NOV
included the following violations: releases of waste from onsite roll -off containers to the
environment, failure to mark containers appropriately, and storage of hazardous waste in
excess of the 10-day limit allowed for transporters. The NOV required compliance by
February 2, 2004, when a second inspection would take place. A Transporter Inspection
Report conducted by DENR Hazardous Waste Section inspectors dated January 23, 2004
indicates that 1) the facility's 10-day storage area was located inside the building and at
the time of inspection, three 55-gallon drums and a large amount of non -hazardous waste
was present in the building; 2) empty containers and an unlabeled and open tub of used
oil were observed on the side loading dock; 3) in the back lot, seven roll -off containers of
contaminated soil and non -hazardous waste were noted and were observed to be leaking
used oil and in one case, waste ink; and 4) non -hazardous wastewater was stored in four
separate containers on the back lot (2-1550 gallon containers, 1-275 gallon tote, and 1-
250 gallon container. This same day, soil samples were collected and submitted for
laboratory analysis for select metals, oil and grease, and semi-volatiles. Laboratory
results indicated an impacted area of soil in the back lot, and in response, Nyetech
reportedly excavated soil to approximately one foot below grade within this area shortly
after the first inspection by DENR. Reportedly, 176.21 tons of soil was excavated and
transported to ES&J Enterprises, Inc. of Autryville, NC.
On March 1, 2004, DENR staff conducted a second inspection and noted that the free
product and contaminated soil had been removed from the property and disposed of at
Earth Tech of Sanford. On March 2, 2004, a NOV was issued to Nyetech citing the
unlawful discharge of oil, failure to immediately collect and remove the discharge, and
failure to immediately notify DENR of the discharge.
On March 25, 2004, a RCRA Subtitle C Site Identification Form 8700-12 documented a
change in the Nyetech facility operator from Nyetech of North Carolina Inc. to Nyetech
Environmental Solutions. Nyetech of North Carolina Inc. was dissolved as a corporation
with the North Carolina Secretary of State on April 7, 2004. On April 14, 2004, Nyetech
Environmental Solutions responded to the March 2, 2004 NOV by indicating that shortly
after the first inspection, the material in the roll -off containers had been emptied, the
21007-17-092/Hoke Street/21Nov2019

containers cleaned, and that the impacted soil was excavated down to one foot below
grade resulting in 176.21 tons of soil, which was transported offsite for disposal at ES&J
Enterprises, Inc. in Autryville, NC. Confirmatory soil samples were collected on
February 24, 2004 and March 1, 2004, and were submitted for laboratory analysis of
metals, volatile organic compounds (VOCs), and semi -volatile organic compounds
(SVOCs). Results identified detections of arsenic, benzo(a)anthracene,
benzo(b)fluoranthene, benzo(a)pyrene, and indeno(1,2,3-cd) pyrene at concentrations in
excess of the current Residential Preliminary Soil Remediation Goals (February 2018
version). Nyetech of North Carolina Inc. was dissolved as a corporation with the North
Carolina Secretary of State on April 7, 2004.
On November 17, 2004, a Short Form Compliance Order with Administrative Penalties
(Docket #2004-203) was sent to Nyetech of North Carolina, Inc. On January 26, 2007,
the DENR Hazardous Waste Section closed the Short Form Compliance Order and the
administrative penalty for the subject facility.
Brownfields assessment has included additional soil sampling of the property in 2016 and
2018, and sub -slab vapor sampling and indoor air sampling of the existing building in
October 2017 and May 2018, respectively.
Potential Receptors:
Potential receptors are: construction workers, on -site workers, future residents, students,
volunteers, visitors, animals, and trespassers.
Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil,
groundwater, sub -slab vapor, and indoor air. DEQ relies on the following data to base its
conclusions regarding the subject property and its suitability for its intended reuse.
Soil
Historically, soil assessment was conducted on the southwestern most portion of the
Brownfields Property:1412 Garner Road within the area of the reported leaking roll off
containers operated by the Hazardous Waste Nyetech Facility. On January 23, 2004, soil
samples were collected by DENR personnel and submitted for laboratory analysis for
select metals, oil and grease, and semi-volatiles.
Detections of several polynuclear aromatic hydrocarbons (PAHs) such as
benzo(a)anthracene, benzo(b)fluoranthene, benzo(a)pyrene, chrysene, pyrene, and indeno
(1,2,3-cd) pyrene were identified in soil samples at concentrations in excess of the
Residential Soil Preliminary Remediation Screening Levels (May 2019 version).
Concentrations of oil and grease were at 220 mg/kg in one sample and PAHs were
reportedly ranged from 1,500 mg/kg to 5,100 mg/kg. Nyetech reportedly excavated one
foot of soil below grade resulting in 176.21 tons of impacted soil that was reportedly
removed from the Brownfields Property, and regraded the Brownfields Property.
On February 24, 2004, confirmatory soils samples after soil excavation were collected
and submitted for laboratory analysis of metals, volatiles, and semi-volatiles. On March
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1, 2004, DENR inspected the site and reported that "all of the free product and
contaminated soil in the rollbacks had been removed and properly disposed of at Earth
Tech of Sanford." Soil samples were collected on March 1, 2004; concentrations of
VOCs and SVOCs in these samples were below their respective residential screening
levels. Only arsenic concentrations (0.772 mg/kg — 0.877 mg/kg) were just over the
arsenic residential screening level of 0.68 mg/kg.
On July 28 and 29, 2016, surficial (1-3 feet below ground surface (bgs)) and deep soil (8-
10 feet bgs) samples were collected and submitted for laboratory analysis of VOCs (EPA
Method 8260), SVOCs (EPA Method 8270), chromium and lead (EPA Method 60101)),
pesticides (EPA Method 8081B), PCBs (EPA Method 8082), Total Petroleum
Hydrocarbons as Gasoline (TPH-GRO) and as Diesel (TPH-DRO). These samples were
collected from within the suspected locations of the former roll off containers used by
Nyetech. Only one sample reported a detectable concentration of delta-BHC at a depth
of 1-3 feet of 0.00049 mg/kg; there is no residential screening level for delta-BHC.
On March 27, 2018 and May 18, 2018, surficial soil sampling (depth 1-3 feet below
ground surface) was conducted within the areas planned for raised bed gardening, green
house(s), an urban agricultural building and a series of hoop houses. The general
footprint for the planned gardening activities is identified in the site -specific
Environmental Management Plan (EMP) approved on August 15, 2018. Soil samples
were submitted for laboratory analysis of VOCs (EPA Method 8260), SVOCs (EPA
Method 8270), metals (EPA Method 6010), mercury (EPA Method 7471 B) herbicides
(EPA Method 8115) and pesticides (EPA Method 8081). Arsenic was the only analyte
detected in these soil samples that exceeded Residential Soil Preliminary Remediation
Goals (May 2019 version); however, the maximum arsenic concentration was 5 mg/kg,
which is consistent with typical background concentrations of arsenic in soil.
Groundwater
On July 27 and 28, 2016, groundwater samples were collected from two temporary
monitoring wells (TW-1 and TW-2) installed on the Brownfields Property. The
temporary monitoring wells were installed downgradient of the property at 1402 Garner
Road, the site of a gasoline and automotive repair station and wrecker service that
currently operates as a vehicle automotive shop. The groundwater samples were
submitted for laboratory analysis of VOCs (EPA Method: 6200B). Tetrachloroethylene
(PCE) was identified in one temporary well (TW-1) at a concentration of 0.73 µg/L, just
over the NC 2L groundwater standard for PCE of 0.7 µg/L; however, no analytes were
detected at concentrations above their respective Residential Vapor Intrusion Screening
Levels (February 2018 version) in these groundwater samples.
On July 28, 2016, groundwater samples were collected from permanent monitoring wells
(MW-1, MW-2, and MW-3) installed downgradient of the Brownfields Property building
(500 Hoke Street). The groundwater samples were submitted for laboratory analysis for
VOCs (EPA Method 6200B), MADEP Volatile Petroleum Hydrocarbon, and the metals
chromium and lead (EPA Method 6010D). Detections of carbon tetrachloride, PCE and
trichloroethylene (TCE) were identified in monitoring well MW-2 at concentrations of
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2.5 µg/L, 37 µg/L and 6 µg/L, respectively, that exceed both their respective NC 2L
groundwater standards and also their respective Residential Vapor Intrusion Screening
Levels (February 2018 version). PCE was also detected in wells TW-1 at 0.73 µg/L MW-
1 at 8 µg/L and in MW-3 below its 2L standard of 0.7 µg/L; neither of these
concentrations exceeded the Residential Vapor Intrusion Screening Level of 12 µg/L
(February 2018 version). Chromium (19 µg/L to 29 µg/L) and lead (17 µg/L — 84 µg/L)
concentrations also exceeded their respective 2L groundwater standards in wells MW-1
through MW-3.
On August 24, 2016, groundwater samples were collected from permanent monitoring
wells (MW-4, MW-5 and MW-6); the samples were submitted for laboratory analysis of
VOCs by EPA Method 6200B. MW-6 was located within close proximity to the reported
dispenser pad for a fuel oil tank, and MW-5 was located closest to the Brownfields
Property building. No detections of VOCs were identified above respective groundwater
vapor intrusion screening levels or standards in any of these wells.
Surface Water
Surface water is not located on the Brownfields Property.
Sub -Slab Vapor
On October 17, 2017, sub -slab assessment was conducted in the onsite building located
on the Brownfields Property at 500 Hoke Street. The assessment was requested by the
Brownfields Program due to the historic use of the onsite building including a plastics
company and the operations of the Nyetech Facility, which operated a 10-day storage
area within the building for wastes collected from other facilities. Laboratory analysis of
the soil gas samples identified a detection of PCE of 590 µg/m3 in sub -slab sample SS-3
in exceedance of the Residential Vapor Intrusion Screening Level (February 2018
version).
Indoor Air
On May 7, 2018, indoor air assessment was conducted in the onsite building located on
the Brownfields Property (500 Hoke Street). The assessment was requested by the
Brownfields Program due to the elevated detection of PCE in sub -slab sample SS-3.
Laboratory analysis of the indoor air samples did not identity detections of PCE or TCE
at concentrations in exceedance of their respective Residential Vapor Intrusion Screening
Level for Indoor Air (February 2018 version), although carbon tetrachloride and
naphthalene were detected in excess of their respective residential vapor intrusion
screening levels.
Risk Calculations
Risk calculations were performed using the DWM Risk Calculator (May 2019 version).
For the purposes of looking at the site spatially, the site was divided into two areas: (1)
main Nyetech Facility operation area: and (2) raised bed gardening area. The risk
calculations indicated the following based on available data from the following media:
groundwater, residual soil (based on confirmatory soil data), soil gas, and indoor air:
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Nyetech Facility Area:
Risk for Individual Pathways
Version Date: May 2019
Basis: May 2019 EPA RSL Table
Site ID: 21007-17-092
Ex osure Unit ID: 500 & 506 Hoke St (excludes the eastern portion of 1412 Garner Rd
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
Pathway
Carciinnogenic
sk
Hazard Index
Risk exceeded?
Resident
Soil
7.4E-06
1.4E-01
NO
Groundwater Use*
2.5E-05
3.1E+00
YES
Non -Residential Worker
Soil
1.7E-06
1.0E-02
NO
Groundwater Use*
5.3E-06
7.1E-01
NO
Construction Worker
Soil
2.8E-07
1.1E-01
NO
Recreator/Trespasser
Soil
4.1E-06
0E-02
NO
Surface Water*
NC
L�NC
NC
VAPOR INTRUSION CALCULATORS 16
Receptor
Pathway
Carciinnogenic
sk
Hazard Index
Risk exceeded?
Resident
Groundwater to hidoor Air
1.5E-05
3.1E+00
YES
Soil Gas to hidoor Air
5.1E-06
8.1E-01
NO
Indoor Air
3.1E-05
8.7E-01
NO
Non -Residential Worker
Groundwater to Indoor Air
3.0E-06
7.5E-01
NO
Soil Gas to hidoor Air
3.9E-07
6.4E-02
NO
Indoor Air
7.2E-06
I 2.1E-01
NO
The elevated detection of tetrachloroethylene and trichloroethylene in the downgradient
monitoring well (MW-2) groundwater sample resulted in an exceedance of risk for
residential use with respect to groundwater combined pathways and groundwater to
indoor air vapor intrusion. Subsequent groundwater sampling on August 24, 2016
conducted immediately downgradient of the onsite building as well as sub -slab vapor and
indoor air assessment conducted within the onsite building indicate that the risk for
educational space use regarding groundwater to indoor air vapor intrusion within the
Brownfields Property building (500 Hoke Street) is not exceeded; however, this is based
on only one round of sub -slab and indoor air testing prior to any interior site renovations.
Sub -slab and indoor air sampling should be repeated to confirm that variability in
samples does not cause an unacceptable risk of exposure, particularly if children will
frequent the Brownfields Property once redeveloped.
Proposed Gardening Area:
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Risk for Individual Pathways it
Version Date: May 2019
Basis: May 2019 EPA RSL Table
Site ID: 21007-17-092
Exposure Unit ID: Proposed Gardening Area
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
Pathway
Carciinnogenic
sk
Hazard Index
Risk exceeded?
Resident
Soil
7.4E-06
1.6E-01
NO
Groundwater Use*
NC
NC
NC
Non -Residential Worker
Soil
1.7E-06
1.4E-02
NO
Groundwater Use*
NC
NC
NC
Construction Worker
Soil
2.8E-07
1.4E-01
NO
Recreator/Trespasser
Soil
4.1E-06
8.6E-02
NO
Surface Water*
NC
NC
NC
VAPOR INTRUSION CALCULATORS
Receptor
Pathway
Carciinnogenic
sk
Hazard Index
Risk exceeded?
Resident
Groundwater to hidoor Air
0.0E+00
0.0E+00
NO
Soil Gas to Indoor Air
0.0E+00
0.0E+00
NO
Indoor Air
0.0E+00
0.0E+00
NO
Non -Residential Worker
Groundwater to hidoor Air
0.0E+00
0.0E+00
NO
Soil Gas to Indoor Air
0.0E+00
0.0E+00
NO
Indoor Air
0.0E+00
I 0.0E+00
NO
Risk was not exceeded for the samples collected within the proposed gardening area;
therefore, the planned re -use of this area, also addressed in the EMP approved on August
17, 2018 and Surficial Soil Sampling Report (Aptus Management, May 31, 2018) is
approved for urban gardening; however, based on the past operational history of the
western area of the site, gardening is only allowed in raised beds unless and until
additional sampling is conducted specifically within the footprint of the proposed
gardening area and the previous sampling results are confirmed.
Required Land Use Restrictions:
The standard land use restrictions that identifies land uses, requires an EMP, reporting,
access, notice, well abandonment, vapor intrusion and soil management provisions are in
the BFA. Additional sampling is warranted for residential use of the Brownfields
Property, including soil in areas not previously sampled or if construction is planned
deeper than previous sampling depths, and confirmatory sampling of indoor air within the
existing building to evaluate seasonal variability once a final building configuration has
been accomplished.
Based on the site -specific data provided to the Brownfield program, the site reuse is
suitable for the site as long as the agreed upon land use restrictions in the BFA are abided
by.
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