23053 Cotton Seed Oil Mill Decision Memorandum 20200617

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DECISION MEMORANDUM
DATE: May 30, 2020 FROM: Bill Schmithorst TO: BF Assessment File
RE: Cotton Seed Oil Mill 300 Rampart Street Charlotte, Mecklenburg County BF # 23053-19-060
Based on the following information, it has been determined that the above referenced site, whose intended use is for no uses other than high density residential, office, open space, parking, and with prior written DEQ approval, other commercial uses, can be made suitable for such uses.
Introduction: The Brownfields Property is comprised of one parcel totaling approximately 2.4 acres that is developed with an approximate 65,136-square foot vacant industrial warehouse building and associated parking. The Brownfields Property is located in a mixed
commercial, industrial and residential area, and is bordered to the north by the Tremont Redevelopment (Brownfields Project No. 18004-14-060) and to the south/southwest by the Dunavant Street (Brownfields Project No. 19038-15-060). Redevelopment Plans:
The Prospective Developer intends to develop the property and the existing building for commercial and office use with the potential to add high density residential use in the future. Approved uses in the BFA will read, high density residential, office, open space, parking, and with prior written DEQ approval, other commercial uses.

Site History: The Brownfields Property was historically occupied by portions of a Cotton Seed Oil Mill (late 1800s to early 1900s), portions of the Virginia Carolina Chemical (VCC) fertilizer company (early 1900s to mid-1900s), a lumber milling operation in the 1960s,
and a steel pail painting operation in the 1980s. The Brownfields Property was then
occupied by the Charlotte Salvage Company from the 1980s to the late 2010s. From 1985 until recently, Charlotte Salvage Co. occupied the site building for the storage and distribution of miscellaneous materials, such as furniture or commercial fixtures.
The northern portion of the Brownfields Property was developed with rail tracks
associated with the former Charlotte Oil and Fertilizer Company in the earliest historical resource reviewed, an 1890 Sanborn map. By the 1920s, the Charlotte Oil and Fertilizer Company appeared to separate into the former Virginia Carolina Chemical Company (northern area) and Southern Cotton Oil company (southern area). Structures constructed
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at the Brownfields Property and related to these facilities have included cattle barns, a portion of a meal house, a hull shed, a barrel storage building, and several cotton sheds.
In 1958, these structures were razed and the Brownfields Property was developed with the central and eastern portions of the current warehouse building. The western portion of the current warehouse building was constructed in the late 1970s. The Brownfields Property was utilized by Miller Millwork Corp. for the manufacturing of wooden windows until the late 1970s or early 1980s. General Pail Corp. manufactured new, steel
drums at the Brownfields Property in 1984 and 1985, at which time the property was sold to the current owners. During its operation, General Pail Corporation was a small quantity generator of waste paint sludge (EPA ID: NCD101788222). Hazardous waste violations related to improper management of containers and labeling violations were recorded for the facility.
Soil at the Brownfields Property is impacted by arsenic and lead as a result of previous activities conducted at the site. ExxonMobil is identified as the responsible party for the cleanup of those metals (Administrative Settlement Agreement and Order on Consent For Removal Action, USEPA Region 4 Docket No. CERCLA-04-2013-3762, July 30, 2013)
which are associated with the former Virginia-Carolina Chemical Corporation (VCC) Site. ExxonMobil has removed source area soils from feasible locations at the facility from the north side of the existing building to the north property line and from a planter island area along the southeastern side of the existing building. Contaminated soil was removed according to a Site-Specific Action Level (SSAL) for arsenic of 27 mg/kg and
for lead of 270 mg/kg. ExxonMobil currently maintains an EPA approved cap on the property comprising the areas where the removal actions were conducted and also including the footprint of the existing building. The cap is inspected annually by ExxonMobil representatives in accordance with the Consent Order.
Assessment Activities Surface and subsurface soil samples were collected at the Brownfields Property in May 2012 as part of the VCC removal action. Laboratory results indicated exceedances of PSRGs for arsenic and lead. Soil with concentrations higher than the SSAL for arsenic
and lead were excavated and properly disposed of offsite.
Phase II Environmental Site Assessment (ESA) activities were conducted at the Brownfields Property in August 2019 to evaluate potential areas of environmental concern associated with historical activities conducted at the Brownfields Property and
on nearby upgradient properties for property due diligence purposes. Assessment
activities included the installation of three shallow groundwater monitoring wells, advancing eight soil borings for soil sample collection, collecting three sub-slab soil vapor samples and one soil gas sample.
Groundwater samples were analyzed by a laboratory for volatile organic compounds
(VOCs), semi-volatile organic compounds (SVOCs), and Resource Conservation and Recovery Act (RCRA) metals. Laboratory results indicated that no compounds were detected above NCDEQ 2L Groundwater Standards or VISLs.
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Subsurface soil samples were collected at multiple depths and analyzed for VOCs, SVOCs, and RCRA metals. Laboratory results indicated that arsenic concentrations
exceeded the USEPA Residential Preliminary Soil Remediation Goals (PSRGs) in each sample. In addition, laboratory results indicated that hexavalent chromium exceeded the Residential PSRG in one sample. Three sub-slab vapor samples and one soil gas sample were also collected and submitted
for the analysis of VOCs. Laboratory results indicated that no compounds were detected above NCDEQ Residential and Exterior Soil Gas Screening Levels (SGSLs). Additional sub-slab soil vapor samples were collected at the Brownfields Property in December 2019 to fill in soil vapor data gaps. Five sub-slab soil vapor samples were
collected and submitted to a laboratory for the analysis of VOCs. Three of the sub-slab samples were collected at the same locations as the previous samples to provide data to account for seasonal variability. Laboratory results indicated that no compounds exceeded SGSLs.
Potential Receptors: Potential receptors are: construction workers, on-site workers, future residences, visitors, and trespassers. Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil, groundwater, soil gas and sub-slab vapor. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. Soil
Laboratory results from the VCC May 2012 Consent Order assessment activities indicate exceedances of Residential PSRGs for arsenic from seven soil sampling locations (SB-90, SB-91, SB-92, SB-93, SB-95, SB-97, and SB-98). Arsenic concentrations were detected as high as 19.7 mg/kg (SB-93).

Laboratory results from soil samples collected in August 2019 indicate that arsenic was detected at concentrations above Residential PSRGs in each soil sample collected. Arsenic was detected in soil samples SB-1 (5-7 ft. below ground surface (bgs)) at 156 mg/kg and SB-2 at 6.9 mg/kg (0-2 ft. bgs). The remaining arsenic detections ranged from
0.885 mg/kg to 6.08 mg/kg.
In addition, laboratory results indicate that hexavalent chromium exceeded the Residential PSRG in sample SB-4 at an estimated concentration of 0.423 mg/kg (0-2 ft. bgs).

Groundwater Laboratory analytical results indicated that no compounds were detected above NCDEQ 2L Groundwater Standards. Laboratory results indicated that the only VOC detected
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above laboratory reporting limits was acetone at a concentration of 26.8 µg/L in a groundwater sample collected from TMW-1.

Surface Water Surface water is not located on the site. Soil Vapor
Laboratory analytical results indicated that no compounds were detected above SGSLs.

Sub-Slab Vapor Laboratory analytical results indicated that no compounds were detected above SGSLs.
Indoor Air? No indoor air samples were collected.
Risk Calculations Risk Calculations were performed using Excel worksheets provided by the NCDEQ
Brownfields Toxicologist. Data sources used for the risk calculator included soil sample SB-1, containing the highest arsenic concentration, and the also the highest compounds detected from the May 2019 sub-slab soil sampling event. The risk calculations indicated the following based on available data for soil and soil gas:
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded?
Resident Soil 3.8E-04 5.0E+00 YES
Non-Residential Worker Soil 6.2E-05 3.6E-01 NO
Construction Worker Soil 2.1E-05 3.7E+00 YES
Recreator/Trespasser Soil 2.1E-04 2.8E+00 YES
VAPOR INTRUSION CALCULATORS
Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded?
Resident Soil Gas to Indoor Air 9.6E-06 1.9E-01 NO
Non-Residential Worker Soil Gas to Indoor Air 6.9E-07 1.5E-02 NO
Red shading LICR> 1E-04 or HI> 1. LICR = Lifetime Incremental Cancer Risk
HI = Hazard Index Risk Calculator results indicate that the Hazard Index for soil at the Brownfields Property is above a Hazard Index of 1.0 primarily due to elevated concentrations of arsenic. Portions of the property are currently capped in accordance with VCC Consider Order
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requirements. Brownfields Land Use Restrictions will require that areas of contaminated soil with unacceptable risks be addressed through remedial measures that allow safe reuse
of the property and also that existing capped areas be maintained per the Consent Order. Data from sub-slab soil vapor sampling was also evaluated using the Risk Calculator. Results from the May 2019 sampling event indicate a Hazard Index of 0.19, below the screening level of 1.0. Results from the December 2019 sub-slab soil vapor sampling
event were also evaluated using the Risk Calculator, and results indicated a Hazard Index below 0.1. An Environmental Management Plan has been prepared by the Prospective Developer and is being used to prevent exposure to site workers and potential future residents from
unacceptable levels of contaminants, and to manage handling and disposal of potentially contaminated materials during construction. Required Land Use Restrictions: Based on the site-specific data provided to the Brownfield program, the site reuse is
suitable for the site as long as the PD/land owner complies with the agreed upon land use restrictions. A summary of the land use restrictions is provided below. 1. No use other than for high density residential, retail, office, restaurant, parking, and, subject to DEQ’s prior written approval, other commercial uses
2. No groundwater use 3. No disturbing soil without DEQ approval or for landscape/mowing/pruning/repair of underground infrastructure (written notice to DEQ)/work for EMP. 4. Soil Import/Export must be approved by DEQ. 5. DEQ approved EMP
6. Vapor intrusion LUR. Unless additional data shows that VI mitigation is warranted, DEQ approval for building occupancy will be provided in accordance with subparagraph 15.d.i. of the dBFA. 7. Access to Brownfields Property for environmental assessment.
8. NBP reference in deed.
9. No contaminants (as included in Ex. 2 to the BFA) on property except for de minimis amounts, fluid in vehicles, fuels for generators/equipment. 10. Final grade soil sampling for RCRA metals, SVOCs, and VOCs will be conducted in exposed areas.
11. LURU submission January 1st