23057_CharlotteVan&Storage_DecisionMemo

DECISION MEMORANDUM DATE: March 24, 2021
FROM: Peter Doorn TO: BF Assessment File
RE: Charlotte Van and Storage Co. 213 Verbena Street and 4607 & 4615 Gilead Street Charlotte, Mecklenburg County Brownfields Project No. 23057-19-060
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 can be made suitable for such uses. Introduction:
The Brownfields Property site consists of three parcels of land located at 213 Verbena Street, 4607 Gilead Street, and 4615 Gilead Street identified as Mecklenburg County parcel numbers 14903412, 14903415, and 14903416, respectively, comprising a total of approximately 5.7 acres. The Brownfields Property is in a primarily commercial and industrial area of lower South End Charlotte and located near the Lynx Blue Line light
rail. The Brownfields Property and the adjacent property to the east are zoned for Transit Oriented Development, while the surrounding properties are zoned for industrial use. The 213 Verbena Street parcel is 4.8 acres and contains an approximately 37,000 square
foot (sq ft) warehouse building and an attached office. An approximately 6,000 sq ft truck
service garage is located south-southwest of the warehouse. Charlotte Van & Storage Company Inc. currently owns and has occupied the buildings for storage and distribution operations since the late 1960s.
The property at 4607 Gilead Street (14903415) is 0.18 acres of vacant wooded land. The
4607 Gilead Street parcel is currently owned by Larry Welch, Lillie Mae Mobley, Jannie Mae Reddick and Annie Welch Dawkins. The 4615 Gilead Street parcel (14903416) is 0.71 acres and contains an approximately
7,000 sq ft warehouse. The parcel is currently owned by Hearne Family, LLC and has
been occupied by Kub’s Auto Upholstery and Quality Auto Painting since the early to mid-1980s.
Redevelopment Plans: The Prospective Developer (PD), Lennar Multifamily Communities, LLC has committed
to redevelopment for high density residential, and for no other uses without prior written
DEQ approval. Proposed redevelopment includes razing the existing buildings for construction of a multi-story high density luxury residential apartment complex with associated parking areas and access roads.
Site History:
The Brownfields Property was primarily agricultural with small structures located in the southwestern portion of the property in the late 1930s. From the late 1940s to the late 1960s, residences were constructed on the southwestern, southern, and northeastern portions of the property. In 1969, a storage/distribution warehouse building was
constructed for the Charlotte Van & Storage Company in the northern portion of the 213
Verbena Street parcel. In 1972, an automotive repair building was constructed on 4615 Gilead Street parcel and has been occupied by multiple tenants for automotive repair, paint, and body shop operations since construction. In 1974, a service garage was constructed south of the storage and distribution warehouse building on 213 Verbena
Street parcel for truck maintenance and repairs associated with Charlotte Van & Storage
Co. fleet vehicles. The Site buildings are currently occupied by Charlotte Van & Storage (213 Verbena Street), Kub’s Auto Upholstery (4615 Gilead Street), and Quality Auto Painting (4615 Gilead Street). The 4607 Gilead Street parcel contained a residence in the
1960s, but the structure was razed, and the lot has remained undeveloped since the 1970s. 1992 UST Closure: In December 1992, a 5,000-gallon gasoline underground storage tank (UST) and a 5,000-gallon diesel UST were removed from the 213 Verbena Street parcel. The USTs were nested in a basin south of the warehouse near the current gasoline
and diesel above ground storage tanks (ASTs;). Upon removal of the USTs, evidence of a release was observed and approximately 128 tons of soil was over-excavated from the UST basin. Analyses of closure soil samples and groundwater that had infiltrated the UST basin confirmed contamination so DEQ opened Incident No. 10092.
Beginning in 1993, additional groundwater assessment was completed to evaluate the extent of groundwater impacts from the UST release. Semi-annual and
quarterly groundwater monitoring events from 1994 through 1996 found no compounds above the 2L Standards. Based on the monitoring results, DEQ UST
issued a NFA letter dated April 11, 1997. 1995 AST Spill: A Notice of
Release by CBM Environmental
Service, Inc., and a 24-hour
Release report by DEQ (both dated April 4, 1995), document an early morning incident where a truck driver ran into an 8,000-gallon AST located south of the warehouse. The accident released approximately
1,300-gallons of gasoline onto the ground. CBM reported that by 9:00 am that morning,
the spill area had been delineated vertically and horizontally, and that personnel were on-site to begin excavation of the impacted area. No additional information associated with the spill or the clean-up effort is available in the DEQ records.
2019 AST Spill: On January 29, 2019, approximately 25 to 30 gallons of gasoline spilled
onto the ground due to Purser Oil Company personnel overfilling the 8,000-gallon AST. On March 1, 2019, approximately 29 tons of soil impacted by the spill was over-excavated and transported off-Site for disposal. Results from post-excavation samples indicated that no compounds were detected at concentrations exceeding the DEQ
screening criteria.
In June 2019, Hart & Hickman completed a Phase 1 Environmental Site Assessment (ESA) for the Brownfields Property and identified the following potential concerns:

1. An 8,000-gallon dual fuel (gasoline and diesel) AST that lacks secondary containment and associated dispensing systems lacking spill prevention equipment.
2. A partially buried 250-gallon AST which collects rinse water from truck washing activities. The asphalt wash pad is degraded, and the drain systems appears to need repair. In addition, a 500-gallon waste oil AST (observed with no lid and partially filled with water and used oil) is staged on the wash pad. 3. Two larger floor drains in the auto painting and repair portion of the Quality Auto
Painting shop were observed to be in poor condition and contained standing fluids. In December 2019, H&H conducted Brownfields assessment activities involving the collection of soil, groundwater, and soil gas samples (details in the Contaminated Media
section below). A receptor survey was also performed on and around the Brownfields Property to evaluate land use, water supply, basements, underground utilities, drains, and surface water bodies. Two potential private water supply wells were identified within a 1,500 ft radius of the property. One potential private water supply well was identified about 1500 feet northwest of the subject property and the other was identified about 1500
feet southeast of the property. The status of the well to the northwest is listed as unknown and the well to the southeast is listed as active, but neither well was visually confirmed. Both properties are served with municipal water. In August 2020, H&H conducted additional groundwater assessment for the PD to further
define the extent of solvent impacted groundwater that may be encountered during site development. The December 11, 2020 report also provides groundwater volume estimates and strategies for managing impacted groundwater generated during trenching activities.

Potential Receptors: Potential receptors include residents, on-site workers, construction workers, and visitors. Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil,
groundwater, and soil gas. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. Soil
Soil sampling events occurred on the Brownfields Property in December 1992, July 1994,
April 1995, March 2019, and December 2019. In 1992, after removal of the gasoline and diesel USTs, approximately 128 tons of soil was over-excavated from the UST basin. Four closure soil samples were collected from
the base of the UST basin and one composite sample collected from the excavated soil
for analysis of total petroleum hydrocarbons (TPH). Concentrations of TPH-GRO (gasoline range organics) were not present above the DEQ UST Section Action Level, however, TPH-DRO (diesel range organics) was detected in all four closure soil samples
ranging from 18 – 180 mg/kg, exceeding the NC DEQ action level at the time of 10 mg/kg. The composite sample of the excavated soil contained TPH-DRO at 749 mg/kg.
In July 1994, assessment activities associated with the UST incident included sampling soil from the borings for wells MW-1, MW-2, MW-3, and MW-4 surrounding the UST basin to further define the extent of impacts. TPH-DRO was detected in each soil sample ranging from 1.0 mg/kg (in MW-1) to 3.0 mg/kg (in MW-3), and TPH-GRO was detected in soil from the boring for MW-1 at 22 mg/kg. All results are below the current
NC DEQ action levels of 50 mg/kg for TPH GRO and 100 mg/kg for TPH DRO. The April 1995 incident that released 1,300 gallons of gasoline from the 8,000-gallon AST was reported by CBM Environmental Service to have been immediately delineated vertically and horizontally. The communication from CBM implies that samples were
collected, however no assessment or analytical data associated with the spill is available. On March 1, 2019, the area affected by the January 29, 2019 gasoline spill was excavated and approximately 29 tons of soil were transported for disposal off-site. Six soil samples from the floor of the excavation (0.5 – 1.25 ft bgs) were collected for laboratory analysis
of TPH-GRO and BTEX. The results indicated that TPH-GRO and BTEX analyses were consistent in each sample, ranging from <0.58 mg/kg to <0.81 mg/kg, well below the action levels. Soil assessment activities in December 2019 included collecting thirteen (13) soil
samples from nineteen (19) soil borings in areas of the proposed building footprints, the truck wash/AST area, the floor drain and air compressor areas for the Quality Auto Painting building, the fuel dispenser area, the area of the 2019 gasoline release and former UST basin, the drip line around the historic residence at 4607 Gilead St., as well
as the collection of two background samples. Composite samples were analyzed for
SVOCs and RCRA metals and hexavalent chromium, and associated grab samples were analyzed for VOCs. The composite dripline soil sample was analyzed for lead. Soil from discrete depths and locations were analyzed for VOCs, SVOCs, RCRA metals and hexavalent chromium. Background soil samples were analyzed for RCRA metals and
hexavalent chromium.
VOCs: Acetone was only detected at trace levels in samples from the floor drain (0.0802 J mg/kg in SB-3 at 1-2 ft bgs) and the air compressor area (0.0284 J mg/kg in SB-4 at 0-2 ft bgs), well below the Residential PSRG of 12,000 mg/kg. The only other VOC detected was toluene which was only found in
trace concentrations in samples from the air compressor area (0.0014 J mg/kg
in SB-4 at 0-2 ft bgs) and the fuel dispenser area (0.0032 J mg/kg in SB-5 at 4-5 ft bgs), well below the Residential PSRG of 990 mg/kg. SVOCs: SVOCs were only detected at estimated values in one soil sample which was from the floor drain area (SB-3 at 1-2 ft bgs). Soil sample SB-3 contained
PAH compounds benzo(b)fluoranthene (0.202 J mg/kg), chrysene (0.175 J
mg/kg), fluoranthene (0.353 J mg/kg), phenanthrene (0.363 J mg/kg), and pyrene (0.343 J mg/kg) which were all below the lowest applicable PSRG.
Metals: Background soil samples BG-1 (2-4 ft bgs) and BG-2 (0-2 ft bgs) were collected to provide a range of site-specific background concentrations for RCRA metals and hexavalent chromium. Background concentrations of arsenic
(1.28 - 3.03 mg/kg) exceed the Residential and Industrial PSRGs of 0.68 mg/kg and 3.0 mg/kg, respectively. Arsenic was detected in all soil samples at concentrations ranging from 0.87 mg/kg (proposed southern building footprint sample SB-8 at 3-6 ft bgs) to 3.13 mg/kg (truck wash area sample SB-2 at 0-1 ft bgs), exceeding the Residential PSRG, but consistent with site background
concentrations. Background concentrations of hexavalent chromium (<0.388 – 0.540 J mg/kg) also exceed the Residential PSRG (0.31 mg/kg). Hexavalent chromium was detected above the Residential PSRG and the site background range in the potential cut area sample SB-9 (0.680 J mg/kg at 4-5 ft bgs) and in floor drain area sample SB-3 (1.23 J mg/kg at 1-2 ft bgs). All other detected
metals concentrations are below Residential PSRGs. Lead detected in samples SB-2 (156 mg/kg) and SB-4/SB-DUP (229 mg/kg/197 mg/kg) and trivalent chromium detected in sample SB-6 (6-8 ft bgs) (128 mg/kg) are below their respective Residential PSRGs but exceed 20 times
the toxicity characteristic concentrations of 5 mg/L. Consequently, soil samples SB-2 and SB-4/SB-DUP and soil sample SB-6 (6-8 ft bgs) were analyzed for lead and chromium respectively, using the toxicity characteristic leaching procedure (TCLP). The result of the TCLP analysis did not indicate leachable concentration of lead in samples SB-2 or SB-4/SB-DUP or chromium in SB-6
(6-8 ft bgs) above the EPA toxicity characteristic limit.
Groundwater
Groundwater sampling events occurred on the Brownfields Property in January 1993,
July 1993, December 1993, June 1994, April 1995, August 1995, November 1995, December 2019, and August 2020. In early January 1993, as part of the UST closure activities, a sample was collected from
groundwater that had partially filled the excavated UST basin, and which was analyzed
for benzene, toluene, ethylbenzene, and xylenes. Benzene (32 μg/L) was detected above the DEQ 2L Groundwater Quality Standard (2L Standard) of 1 μg/L. Also detected in the UST basin water were ethylbenzene, m-xylene, p-xylene, and toluene at concentrations below their respective 2L Standards.

In July 1993, five wells were installed to assess groundwater in and around the UST basin. Monitoring wells MW-1, MW-2, MW-3, and MW-4 were each located 50-75 ft away from and surrounding the UST basin and MW-5 was installed within the UST basin. Groundwater samples were analyzed by Method 601 (purgeable halocarbons),
Method 602 (purgeable aromatics plus xylenes, MTBE, and IPE), and by Method 625
(base neutral/acid extractables). No free product was detected at this time. Results indicated the presence of toluene, MTBE, chloroform, 1,2-dichloropropane, and 1,1,1-trichloroethane in MW-5, and MTBE in MW-1. All detections were below the 2L
Standards, except for 1,2-dichloropropane in MW-5 at 2 ug/L which exceeds the current 2L Standard of 0.6 ug/L.
In December 1993, June 1994, April 1995, August 1995, and November 1995 wells MW-1 through MW-5 were sampled for analysis by Methods 601, 602, and 625. All analytical results were non-detect with two exceptions. In December 1993, chloroform was detected in MW-5, and in August 1995, di-N-butyl phthalate was detected in MW-4 and MW-5 and butyl benzyl phthalate was detected in MW-5, however all detections
were below the 2L Standard. NC DEQ granted a no further action on April 11, 1997, and approved the abandonment of the monitoring wells. The December 2019 Brownfields assessment included installing five temporary monitoring wells (TMW-1 through TMW-5) and two piezometers (PZ-1 and PZ-2). The
wells were located to evaluate groundwater at the up-gradient property boundary (TMW-1), down-gradient of the 8,000-gallon AST and former UST basin (TMW-2), down-gradient of the auto shop operations area (TMW-3), at the down-gradient property boundary property (TMW-4) and adjacent to the truck service area (TMW-5). Piezometers were installed in areas of proposed southern apartment building where
deeper foundations may be needed. Water-level elevations confirmed surficial groundwater flow to the west and northwest. Groundwater samples were analyzed for VOCs, SVOCs, and RCRA metals. VOCs: No VOCs were detected in TMW-1 and TMW-2, and only one VOC, MTBE
was detected in TMW-3 at an estimated concentration of 0.48 J ug/L. Detections in TMW-4 (northwest property corner) include cis-1,2-dichloroethene at 193 ug/L (2L Standard is 70 ug/L), 1,2-dichloropropane at 8.8 ug/L (2L Standard is 0.6 ug/L), tetrachloroethylene at 250 ug/L (2L
Standard is 0.7 ug/L), and trichloroethylene at 194 ug/L (2L Standard is 3
ug/L). Other VOCs in TMW-4 include 1,1-dichloroethane (1.4 J ug/L) and 1,1-dichloroethene (13.8 ug/L) below their respective 2L Standards of 6 ug/L and 350 ug/L. The source of solvents detected in TWM-4 has not been identified. An interpretation of groundwater flow suggests a possible off-site source,
however due to the historic operations at the Brownfields Property, an on-site
source cannot be ruled out. In TMW-5 (near the truck service area) the only detection to exceed the 2L Standards is benzene at 1.7 ug/L (2L Standard is 1 ug/L). Other detections in TMW-5 include cis-1,2-dichloroethene (19.7 ug/L), diisopropyl ether (0.31 J ug/L), MTBE (8.6 ug/L), naphthalene (0.40 J ug/L),
toluene (0.26 J ug/L), and trichloroethylene (1.9 ug/L), which are all below
their 2L Standards. Groundwater contaminants with the potential for vapor intrusion include tetrachloroethylene and trichloroethylene in TMW-4 which exceed their
respective Non-Residential GW VISLs of 48 ug/L and 4.4 ug/L. In addition, concentrations of 1,2-dichloropropane in TMW-4 and trichloroethylene in TMW-5 exceed their Residential GW VISLs of 6.6 ug/L and 1.0 ug/L, respectively.
SVOCs: The only SVOC in groundwater was diethyl phthalate in TMW-5 at 103 ug/L (2L Standard is 600 ug/L). The result was reported with laboratory qualifiers
indicating that the analyte is a possible laboratory contaminant (not present in the method blank), and that the matrix spike recovery exceeded QC limits, but that the batch was accepted based on laboratory control sample recovery. Metals: The only metal to exceed a 2L Standard was chromium in TMW-3 at 11.1 ug/L
(2L Standard is 10 ug/L), however, the field notes indicate turbidity in TMW-3 was elevated. Other metals detected at concentrations below the 2L Standards include arsenic in TMW-3; barium and total chromium in all wells; lead in TMW-1, TMW-2, TMW-3, and TMW-5; and mercury in TMW-5.
In August 2020, four temporary monitoring wells (TMW-6 through TMW-9) were installed to further assess groundwater quality where trenching may encounter groundwater (heavy dashed lines in figure below). VOCs exceeding 2L Standards included tetrachloroethylene (2.4 ug/L) and trichloroethylene (4.7 ug/L) in TMW-6; and tetrachloroethylene (9.4 ug/L), trichloroethylene (101 ug/L), and 1,2-dichloropropane
(1.1 ug/L) in TMW-7. The VOCs detected below the 2L Standards include cis-1,2-dichloroethene in TMW-6; 1,2-dichloroethene, cis-1,2-dichloroethene, and MTBE in TMW-7; and acetone and toluene in TMW-8. No VOCs were detected in TMW-9.

Potential for vapor intrusion from groundwater contaminants exists based on concentrations of trichloroethylene in TMW-6 and TMW-7 which exceeds the Residential GW VISL of 1.0 ug/L and the Non-Residential GW VISL and 4.4 ug/L.

Surface Water Surface water has not been sampled because there are no surface water bodies present on the Brownfields Property.
Soil Vapor In December 2019 nine (9) temporary soil gas sampling points were installed to evaluate the vapor intrusion potential. Points SGP-1 through SGP-4 were located within the footprint of the proposed northern apartment building, and SGP-5 through SGP-9 were located withing the footprint of the proposed southern apartment building. Soil gas
borings were installed to a depth of 5 to 5.5 ft bgs, and field screening of soils recovered from each boring did not indicate the presence of significant impacts. Several VOCs were detected at each point and the notable detections that exceeded the Residential Soil Gas (SG) VISLs (based on a cancer risk of 1.0E-6 and an HQ of 0.2) were benzene, ethylbenzene, and naphthalene. The DEQ Risk Calculator was used to further evaluate
the potential risk from vapor intrusion. For each building footprint, the highest soil gas concentration of each parameter was used to calculate the potential for indoor air risk. Based on a single soil gas sampling event, these worst-case scenarios calculated a carcinogenic risk of 7.7x10-6 and a non-carcinogenic (HI) Hazard Index of 0.25 for the proposed northern apartment building, and a carcinogenic risk of 1.3x10-5 and an HI of
0.51 for the proposed southern apartment building. These results fall with in the acceptable risk range for carcinogenic risk of <1x10-4 and a HI of <1. Sub-Slab Vapor
Sub-slab vapor samples under the existing structures on the Brownfields Property were
not collected because all buildings will be demolished prior to construction of the apartment buildings. Indoor Air
Indoor air at the Brownfields Property was not collected because all buildings will be
demolished prior to construction of the apartment buildings.
Risk Calculations The DEQ Risk Calculator was developed to evaluate the risk of multiple contaminants
and multiple exposure routes associated with contaminated environmental media at a site.
The risk evaluation procedures, equations, and default parameters used to create the calculator follow the current USEPA risk assessment guidance. The DEQ Risk Calculator dated July 2020 was used to calculate risk based on data available for media including soil, groundwater, and soil gas.

Groundwater in the north/northwestern portion of the property along Verbena Street is impacted with chlorinated solvents. The elevated concentrations of trichloroethylene, tetrachloroethylene, and 1,2-dichloropropane in TWM-4 and TMW-7 are not consistent
with groundwater data from the remainder of the property, suggesting a localized or off-site source. In addition, the vapor intrusion risk suggested by the groundwater concentrations, are not reflected in the soil gas from the northern building footprint,
perhaps also indicating a localized or off-site source for the chlorinated solvents. To assess the risks associated with the chlorinated solvents in groundwater at TMW-4 and TMW-7, two risk calculations are provided. Risk Calculation Table 1 displays the risk calculated for the majority of the Brownfields Property using the maximum soil, groundwater, and soil gas concentrations from the property without including the data
from TMW-4 and TMW-7. Risk Calculation Table 2 displays risk associated with maximum data from the north/northwest portion of the Brownfields Property.

Based on the detections of metals and organic compounds in soil, and the presence of chlorinated solvents in groundwater, restrictions regarding soil and groundwater will be imposed at the site. The site is intended for residential use and while the soil gas to
indoor air risks are acceptable based on one soil gas sampling event, the groundwater to indoor air risks exceed the residential risk levels site wide and are most elevated in the north/northwest portion of the Brownfields Property. Furthermore, there is insufficient monitoring data to know if solvent concentrations in groundwater are increasing or decreasing. Additionally, with only one sampling event during December which is
considered a favorable time of year, we do not fully understand the variability of soil gas concentrations at the site. Due to the presence of chlorinated solvents (most notably TCE) in groundwater and soil gas, vapor intrusion mitigation (VIM) systems (minimum passive systems capable of converting to active systems) are necessary for each apartment building. Unless active systems are installed, maintained, and routinely tested, post-construction monitoring of sub-slab vapor will be needed to determine if passive VIM systems need to be made active. In addition, measures may be necessary to prevent utility corridors from conveying contaminant vapors to the apartment buildings. The December 11, 2020 Supplemental Groundwater Assessment Report (H&H) depicts locations of proposed utilities where impacted
groundwater may be encountered. The Environmental Management Plan (EMP) approved by DEQ on November 24, 2020, will need to be followed to safely direct the handling and disposal of potentially contaminated materials when building demolition, soil grading, or excavation activities
begin in June 2021 as proposed. Per the terms of the EMP, final grade soil sampling will be required prior to occupying the Brownfields Property. Required Land Use Restrictions:
• No use other than high density residential and associated parking, drives, and walkways without DEQ approval.
• No childcare, adult care centers or schools without prior DEQ approval
• EMP required prior to redevelopment
• Annual development summary report required
• Demolition must comply with state & local requirements
• ASTs must be removed within 90 days of recordation
• No use of groundwater or surface water
• No soil import/export without DEQ approval
• Final grade sampling required
• No soil disturbance without DEQ approval or EMP
• Vapor intrusion mitigation required
• DEQ shall not be denied access
• Any required wells or vapor points must be maintained
• Deed or other instrument conveying an interest shall contain the Notice
• No use of contaminants known to be present on the BF Property
• Annual LURU to DEQ
Based on the site-specific data provided to the Brownfield program, the site is suitable for the approved uses only if the agreed upon land use restrictions in the BFA are abided by.