HomeMy WebLinkAbout19033_Decision Memo_LovesGrading_10.09.2020DECISION MEMORANDUM
DATE: March 10, 2020 FROM: Cody Cannon TO: Brownfields Assessment File
RE: Love’s Grading Facility 6519 Brookshire Boulevard Charlotte, Mecklenburg County BF # 19033-15-060
Based on the following information, it has been determined that the above referenced site, whose intended use is for no uses other than a gas station, retail, parking, and with prior written DEQ
approval, other commercial uses, is or can be made suitable for those uses.
Introduction: The Brownfields Property is comprised of one parcel totaling approximately 4.707 acres. The
property has been redeveloped by the Prospective Developer, Circle K Stores, Inc., with an
approximate 4,500-square foot (sq ft) single story convenient store building in the central portion
of the property and a canopy with several gasoline dispensary islands in the eastern portion of the property. The Brownfields Property is bordered to the north by Brookshire Boulevard tracking in a northwest-southeast direction followed by a vacant property currently used for truck trailer
storage, to the south by Fred D. Alexander Boulevard tracking in northeast-southwest direction followed by the Crowder Construction Company (IHSB NONCD0002161), to the west by undeveloped wooded land, and to the east by Brookshire Boulevard followed by a scrap
automotive parts facility called Brookshire Auto Salvage.
Redevelopment Plans:
The Prospective Developer (PD), Circle K Stores, Inc., has redeveloped the property as a gas station and convenience store.
Site History:
According to a review of aerial photographs and city directories, the property was comprised of vacant wooded land and/or agricultural fields from at least as early as 1938 through 1956. By 1965, a residential home was visible on the property but was absent in the 1968 aerial
photograph. A former warehouse building totaling 3,040 square feet was constructed at the property in 1969 which was subsequently utilized by the Love’s Grading Company after it acquired the property in 1975. Love’s Grading Company operated a construction and grading operation on the property until the Prospective Developer purchased the property on May 11,
2015. The property has since been redeveloped and utilized as a gasoline service station and convenient store. Environmental Assessment History
Environmental assessment began at the Brownfields Property when five gasoline underground storage tanks (USTs) were removed during the week of December 25, 1989. The USTs removed consisted of one 10,000-gallon, one 8,000-gallon, one 4,000-gallon, one 3,000-gallon and one
550-gallon UST. A No Further Action (NFA) letter from the North Carolina Department of Environment and Natural Resources (NCDENR) UST Section was issued for the site on June 12,
1990 in response to the report of the removal of the five gasoline USTs. A Preliminary Subsurface Investigation Report was completed by Environmental Compliance Services, Inc. (ECS) on January 26, 2015. The report summarized the findings of the installation of seven soil borings to depths ranging from 9-feet below ground surface (ft BGS) to 16 ft BGS.
At each boring location, demolition materials consisting primarily of asphalt and/or concrete were interspersed throughout the soil column. In follow-up to the preliminary findings, seven test pits of up to 15 ft BGS were excavated to assess the extent of buried debris. Buried demolition materials (including asphalt, masonry brick/block, concrete, metal, wood, etc.) were observed
from approximately 5 ft BGS to 15 ft BGS beneath which native soils appear to have been encountered at multiple locations across the property.
A Phase I Environmental Site Assessment was completed by ECS on February 23, 2015. In addition to buried construction debris found at the property, the assessment referenced the
following recognized environmental conditions (RECs): a former heating oil UST present on the property referenced in a letter from NCDENR dated November 16, 1989, the improper storage of unlabeled chemical containers in the garage area of the property, and a chlorinated solvent
impacted groundwater plume migrating onto the Brownfields Property from the Crowder
Construction Company (IHSB NONCD0002161) property to the south. Groundwater data from the September 2006 assessment, available from the DEQ Inactive Hazardous Sites Branch files located in the Laserfiche database indicate the detected concentration of Trichloroethylene (TCE)
in the upgradient monitoring well nearest the Brownfields Property (2-MW-13) exceeded the 2L groundwater standard and the Non-Residential VISL at a concentration of 130 µg/L (Quarterly
Sampling; Trigon Engineering Consultants, Inc.). Groundwater flow appears to travel in a west-northwesterly direction indicating that chlorinated solvent contamination from the Crowder Construction site is cross gradient and potentially upgradient from the Brownfields Property.
A Phase II Environmental Site Assessment was completed by ECS on April 8, 2015 detailing
additional soil and groundwater assessment. Soil samples were collected from 3 locations near
the former garage area and from 4 monitoring well locations near the former UST and building
debris areas. Total Petroleum Hydrocarbons Diesel Range Organics (TPH-DRO) exceeded the DEQ UST Action Level (100 mg/kg) at 510 mg/kg in SB-1 near the former garage building along
the southern border of the property. No volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), or RCRA Metals exceeded Industrial/Commercial PSRGs in any of the soil samples collected. Groundwater samples were collected from the 4 on-site monitoring
wells and 2 monitoring wells located on the western adjacent parcel. Chlorinated VOCs including benzene (TMW-2R), 1,2-dichloroethane (TMW-3), tetrachloroethylene (TMW-1) and,
TCE (TMW-4) were detected at concentrations exceeding the North Carolina Administrative Code Title 15A Subchapter 2L groundwater standards (2L) within the 4 on-site monitoring wells. The concentration of TCE (94.6 µg/L) detected in monitoring well TMW-4, located in the
southwestern portion of the property exceeds the NCDEQ Non-Residential Vapor Intrusion
Screening Level (VISL). Additionally, TCE concentrations within the western off-site monitoring wells exceeded the Non-Residential VISLs. However, TCE was not detected in any of the other 3 on-site monitoring wells which are located within and immediately upgradient of
the current convenient store building footprint. These observations suggest that the extent of the chlorinated solvent groundwater plume emanating from the neighboring Crowder Construction
Company (IHSB NONCD0002161) property is cross gradient of and does not extend to the developed portion of the Brownfield Property.
In accordance with a DEQ approved Environmental Management Plan dated July 29, 2015, ATC Associates of North Carolina, PC completed a Brownfields Redevelopment Report dated July 28,
2017. The report details the excavation and removal of a total of 4,142.48 tons of buried debris within the central portion of the Brownfields Property within the construction areas for the current convenience store building and gas station canopy. Excavation was halted at 15 ft BGS within the footprint of the convenient store due to the poor stability of sidewalls from debris and the generation of excess waste. NCDEQ Brownfields issued approval for the remaining debris to
remain in place on September 10, 2015. All material removed was treated as non-hazardous waste and was transported to the Republic Services Landfill in Concord, NC. Approximately 4,000 cubic yards of soils from off-site quarries were brought in for fill after being sampled and analyzed in accordance with the EMP. Following completion of the building pad for the
convenience store in November 2015, a Geo-Seal® vapor barrier and passive vapor intrusion mitigation system (VIMS) was installed in accordance with a design approved by DEQ on July 28, 2015. An inspection including barrier thickness testing and smoke testing was completed by
a certified Geo-Seal® inspector on November 15, 2015.
Potential Receptors:
Potential receptors are: on-site workers, visitors, and trespassers.
Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil and groundwater. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse.
Soil Several SVOCs, and RCRA Metals were detected in samples collected as part of the 2015 Phase II Environmental Site Assessment but none at concentrations exceeding Industrial/Commercial
PSRGs. TPH-DRO was detected at a concentration exceeding the UST Action Limit in sample
SB-1 located near the southern property boundary near the former garage. The risk from soil
exposure was evaluated on a site-wide worst case scenario basis using the DEQ Risk Calculator (December 2019) and the 2015 soil data. TPH-DRO concentrations were evaluated as medium
range aliphatic hydrocarbons. Neither the carcinogenic or non-carcinogenic calculated hazard indices exceed the DEQ threshold for soil exposure for non-residential workers. However, the non-carcinogenic hazard index exceeded the DEQ threshold for construction workers at 5.4.
Groundwater
Several VOCs were detected above the 2L groundwater standards in on-site monitoring wells at including benzene, 1,2-dichloroethane, tetrachloroethylene, and TCE. TCE exceeded the Non-
Residential VISL in monitoring well TMW-4 located in the southwestern portion of the property.
However, TCE was not detected in any of the other 3 on-site monitoring wells which are located within and immediately upgradient of the current convenient store building footprint. The risk to direct groundwater exposure was evaluated on a site-wide worst case scenario using the DEQ
Risk Calculator (December 2019) with the highest concentration of each constituent from all monitoring wells from the 2015 Phase II Environmental Site Assessment. The non-carcinogenic
hazard index exceeds the DEQ threshold for non-residential worker groundwater exposure at 7.8. The groundwater to vapor intrusion risk for non-residential workers was evaluated on a site-wide worst case scenario basis as well as a scenario including only the 3 monitoring wells nearest the
convenience store building and cross gradient from the off-site groundwater plume (excluding TMW-4). The non-carcinogenic hazard index exceeds the DEQ threshold for non-residential
worker groundwater to indoor air exposure at 4.4 for a site-wide worst case scenario. However, neither of the DEQ risk thresholds are exceeded when the TCE from monitoring well TMW-4 is excluded from risk assessment.
Risk Calculations
Risk Calculations were performed using the DEQ Risk Calculator (December 2019). The risk from each environmental media was evaluated on a site-wide basis to evaluate a worst case scenario. The risk calculations indicated the following based on available data, including
groundwater and soil samples:
Medium Site Area
Non-Residential Workers
LICR HI
Groundwater Exposure Entire Site 4.6E-05 7.8
Groundwater to Indoor Air Entire Site 1.4E-05 4.4
Entire Site Excluding
TMW-4
1.1E-06 2.4E-02
Soil Exposure Entire Site 9.6E-07 4.3E-01
Medium Site Area
Construction Worker
LICR HI
Soil Exposure Entire Site 1.4E-07 5.4
LICR = Lifetime Incremental Cancer Risk
HI = Hazard Index Bold and Red Shading Indicates an exceedance of the LICR threshold (1.0E-4) and the HI Threshold (1.0).
Due to the results of the risk calculators, restrictions are in place regarding soil and groundwater exposure and use at the Brownfields Property.
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 agreed upon land use restrictions in the BFA are abided by.
1. No use other than for a gas station, retail, parking, and with prior DEQ approval other commercial uses. 2. No use for child care, adult care centers, or schools without prior written DEQ approval. 3. No groundwater use 4. No disturbance of soil beyond 0-2 ft below land surface without prior written DEQ approval.
5. Soil Import/Export. 6. No disturbance or alteration of the existing slab without DEQ approval. 7. Vapor Intrusion LUR
8. Development may not occur until an approved EMP. 9. Access to Brownfields Property for environmental assessment.
10. NBP reference in deed 11. No contaminants on property except for de minimis amounts, fluid in vehicles, and as fuel for sale at gasoline stations provided a site-specific plan to distinguish new releases is approved.
12. LURU submission January 1st
• Annual inspection of slab within convenience store building footprint.
• Annual certification of compliance with UST leak detection protocols.
Environmental Compliance Services, Inc.
www.ecsconsult.comCK, Abandoned Garage, Brookshire Charlotte NC
6203 Brookshire Boulevard
Charlotte, NC 28216 Figure 1: SITE LOCUS
13504 South Point Boulevard, Unit F
Charlotte, NC 28273
Phone 704-583-2711 Fax 704-583-2744
Base Map: U.S. Geological Survey; Quadrangle Location: Mountain Island Lake, NC
Lat/Lon: 35 17' 26.16" NORTH, 80 54' 48.96" WEST - UTM Coordinates: 17 507856.2 EAST / 3905273.7 NORTH
Generated By: Carol Farrington
Table 1 - Soil Analtyical Summary
(Former) Love's Grading
Charlotte, North Carolina
SAMPLE ID SB-1 SB-2 SB-3 TMW-1 TMW-2 TMW-3 TMW-4
SAMPLE DEPTH 20 FBGL 10 FBGL 20 FBGL 35 FBGL
CONSTIUENT
ARSENIC NA NA NA 1.1 < 0.43 0.73 J 0.78 J ----5.8 3
BARIUM NA NA NA 68.3 87.6 127 176 290 81,000 5,800 44,000
CADMIUM NA NA NA 0.15 0.15 0.13 0.16 ----3 200
CHROMIUM NA NA NA 19.1 29.3 43.9 54.7 5.4 1,226 360,000 100,000
LEAD NA NA NA 7.6 8.7 6.2 8.9 270 400 270 800
SELENIUM NA NA NA 1.4 1.2 1.2 0.93 ----2.1 1,200
SILVER NA NA NA 0.39 J 0.83 0.6 0.7 0.25 2,044 3.4 1,200
MERCURY NA NA NA 0.017 0.01 0.014 0.01 ----1 3.1
TPH-DRO 510 < 6.7 < 6.7 NA NA NA NA 10 ------
TPH-GRO < 9 < 7.1 < 6.7 NA NA NA NA 10 ------
PCB-1254 (AROCLOR 1254)NA NA NA < 0.0192 0.183 < 0.0194 < 0.0182 ----0.14 1
ACETONE < 0.0125 < 0.0105 < 0.0107 < 0.0964 0.0404 J 0.0559 J 0.0401 J 24 360,000 24 10,000
2-BUTANONE (MEK)< 0.0036 < 0.0031 < 0.0031 < 0.0028 0.0098 J 0.0097 J 0.0088 J 16 2,000 16 28,000
MTBE < 0.0019 < 0.0016 < 0.0016 < 0.0014 < 0.0013 0.002 J < 0.0015 0.091 3,100 0.085 210
METHYLENE CHLORIDE 0.004 J < 0.0032 < 0.0032 < 0.0029 < 0.0027 < 0.0031 < 0.003 0.02 763 0.023 640
NAPHTHALENE < 0.0015 < 0.0013 < 0.0013 < 0.0012 0.0073 < 0.0012 < 0.0012 0.16 8,176 0.21 17
p-ISOPROPYLTOLUENE < 0.0021 < 0.0018 < 0.0018 < 0.0016 0.0073 < 0.0012 0.003 J 0.12 4,000 0.68 --
ACENAPHTHENE NA NA NA < 0.0973 0.143 J < 0.0985 < 0.0922 8.2 24,000 8.4 9,000
ANTHRACENE NA NA NA < 0.0947 0.336 J < 0.0959 < 0.0897 940 122,000 660 46,000
BENZO(a)ANTHRACENE NA NA NA < 0.0781 0.654 < 0.0791 < 0.074 0.35 8 0.18 2.9
BENZO(a)PYRENE NA NA NA < 0.0806 0.578 < 0.0817 < 0.0764 0.096 0.78 0.059 0.29
BENZO(b)FLUORANTHENE NA NA NA < 0.0729 0.593 < 0.0739 < 0.0691 1.2 8 0.6 2.9
BENZO(g,h,i)PERYLENE NA NA NA < 0.107 0.268 J < 0.109 < 0.102 6,400 12,264 7,800 --
BENZO(k)FLUORANTHENE NA NA NA < 0.0832 0.449 < 0.0843 < 0.0788 12 78 29 290
BUTYLBENZLPHTHALATE NA NA NA < 0.0896 < 0.0824 0.602 < 0.0849 ----150 1,200
CHRYSENE NA NA NA < 0.0563 0.687 0.0673 J < 0.0534 39 780 18 290
DIBENZ(a,h)ANTHRACENE NA NA NA < 0.0896 0.113 J < 0.0907 < 0.0849 0.17 0.78 0.19 0.29
DIBENZOFURAN NA NA NA < 0.0691 0.101 J < 0.07 < 0.0655 4.7 1,635 ----
FLUORANTHENE NA NA NA < 0.0614 1.68 0.131 J < 0.0582 290 16,400 330 6,000
FLUORENE NA NA NA < 0.087 0.198 J < 0.0881 < 0.0825 47 16,400 56 6,000
INDENO(1,2,3-cd)PYRENE NA NA NA < 0.087 0.259 J < 0.0881 < 0.0825 3.4 8 2 2.9
PHENANTHRENE NA NA NA < 0.0704 1.04 < 0.0713 < 0.0667 56 12,264 68 --
PYRENE NA NA NA < 0.0717 1.32 0.0944 J < 0.0679 270 12,264 220 4,600
COM - Commercial GRO - Gasoline Range Organics MSCCs - Maximum Soil Contaminant Concentrations PCB - Polychlorinated Biphenyls
Data provided in mg/kg IHSB - Inactive Hazardous Waste Branch MTBE - Methyl Tert Butyl Ether PSRG - Preliminary Soil Remeidation Goals
DRO - Diesel Range Organics IND - Industrial MEK - Methyl Ethyl Ketone TPH - Total Petroleum Hydrocarbons
FBGL - Feet Below Grade Level J - Estimated value NA - Not Analzyed
NOTES:
INDUSTRIAL
HEALTH-BASED
PSRG
IND/COM
MSCC
NCDENR UST STANDARDS NCDENR IHSB STANDARDS
2 FBGL
28-Jan-15 25-Feb-15
PROTECTION
OF GW
PSRG
SOIL-TO-WATER
MSCC or
ACTION LEVEL
Table 2 - Groundwater Analtyical Summary
(Former) Love's Grading
Charlotte, North Carolina
WELL ID TMW-1 TMW-2R TMW-3 TMW-4 EMW-1 EMW-2
DEPTH TO WATER (FBGL)17.22 32.80 27.18 34.22 4.23 3.91
CONSTIUENT 2-Mar-15 4-Mar-15
ACETONE < 10 169 < 10 < 10 < 10 < 10 6,000
BENZENE < 0.25 1.4 < 0.25 < 0.25 < 0.25 < 0.25 1
2-BUTANONE (MEK)< 0.96 21.2 < 0.96 < 0.96 < 0.96 < 0.96 4,000
CHLOROMETHANE < 0.11 0.77 J < 0.11 < 0.11 < 0.11 < 0.11 3
1,4-DICHLOROBENZENE < 0.33 < 0.33 < 0.33 < 0.33 1.2 < 0.33 6
1,1-DICHLOROETHANE < 0.32 < 0.32 < 0.32 < 0.32 15.2 0.97 J 6
1,2-DICHLOROETHANE < 0.12 < 0.12 6.2 < 0.12 0.37 J < 0.12 0.4
1,1-DICHLOROETHENE < 0.56 < 0.56 < 0.56 < 0.56 34.7 2 7
cis-1,2-DICHLOROETHENE < 0.19 < 0.19 < 0.19 13.2 162 26.9 70
trans-1,2-DICHLOROETHENE < 0.49 < 0.49 < 0.49 < 0.49 0.77 J < 0.49 100
IPE < 0.12 < 0.12 0.48 J < 0.12 < 0.12 < 0.12 70
ETHYLBENZENE < 0.3 0.37 J < 0.3 < 0.3 < 0.3 < 0.3 600
MTBE 1.2 4 1.7 < 0.21 < 0.21 < 0.21 20
TETRACHLOROETHENE 1.3 < 0.46 < 0.46 < 0.46 0.78 J < 0.46 0.7
TOLUENE < 0.26 1.1 < 0.26 0.26 J < 0.26 < 0.26 600
TRICHLOROETHENE < 0.47 < 0.47 < 0.47 94.6 114 27.2 3
VINYL CHLORIDE < 0.62 < 0.62 < 0.62 < 0.62 9.4 < 0.62 0.03
TOTAL XYLENES < 0.66 1.48 J < 0.66 < 0.66 < 0.66 < 0.66 500
ACENAPHTHALENE < 1.1 3.9 J < 1.1 < 1.1 NA NA 80
ANTHRACENE < 0.47 1.3 J < 0.47 < 0.47 NA NA 2,000
BENZYL ALCOHOL < 2.1 2.4 J < 2.1 < 2.1 NA NA 700
DIBENZOFURAN < 1 2 J < 1 < 1 NA NA 28
DI-N-BUTYLPHTHALATE 5.6 J 1.3 J < 0.37 70.4 NA NA --
FLUORANTHENE < 0.41 1.6 J < 0.41 < 0.41 NA NA 300
FLUORENE < 1 3 J < 1 < 1 NA NA 300
NAPHTHALENE < 0.93 3.5 J < 0.93 < 0.93 NA NA 6
PHENANTHRENE < 0.53 6.6 J < 0.53 < 0.53 NA NA 200
Data provided in ug/L
FBGL - Feet Below Grade Level
J - Estimated value
IPE - Isopropyl Ether
MTBE - Methyl Tert Butyl Ether
MEK - Methyl Ethyl Ketone
NA - Not Analzyed
NCAC - North Carolina Administrative Code
NCAC 2L
2-Mar-15
NOTES: