Loading...
HomeMy WebLinkAbout21034 Decision Memorandum 1300 South Tryon 20170719DECISION MEMORANDUM DATE: July 19, 2018 FROM: Bill Schmithorst TO: Brownfields Agreement File RE: 1300 South Tryon St. 1300 South Tryon Street Charlotte, Mecklenburg County BF # 21034-17-060 Based on the following information, it has been determined that the above referenced site, whose intended use is for no uses other than office, retail, restaurant, brewery or food production facility, parking, multi-family residential, open space, recreation and commercial, can be made suitable for such uses. Introduction: The 0.341 acre property is developed with a one story 5,946 s.f. cold storage and office building. The remainder of the subject property consists of asphalt-paved parking areas and unpaved landscaping. The property is served by municipal and sanitary sewer. The Brownfields Property is bordered to the north by multi-family apartments (Catherine LLC) and West Catharine Street followed by a vacant commercial building and parking lot; to the east by West Catharine Street and South Tryon Street followed by multi-family apartments; to the south by South Tryon Street followed by a commercial office building; and to the west by multi-family apartments (Catherine LLC and The Packard Condominium). Redevelopment Plans: The property will be redeveloped for restaurant, brewery or food production facility, commercial, multi-family residential, office, recreation, parking, and open space uses. The existing building will be demolished and a new building will be constructed along with paved parking. Site History: The subject property was developed as commercial property circa 1955, including a 'cold storage' building depicted on the 1969 Sanborn Map of the area. Mecklenberg County tax information identifies the current building as being constructed in 1955. Historical records prior to were not reasonably ascertainable for the subject property. No records were found indicating releases of regulated materials at the property and there are no records of underground storage tanks located at the property. There is a historic presence of petroleum USTs offsite surrounding the former west and northwest adjoining automotive sales and service facility identified in Sanborn Map review with no information on their removal or other disposition. Environmental media sampled at the site included groundwater, soil and soil gas. Groundwater samples were collected from four monitoring wells showed concentrations of MTBE and tetrachloroethylene above NC 2L Groundwater Quality Standards. Laboratory analyses of three soil samples collected at the Brownfields Property showed exceedances for arsenic. Three soil gas samples were collected and analyzed for volatile organic compounds (VOCs). Tetrachloroethylene exceeded the resident vapor intrusion screening level. Potential Receptors: Potential receptors are: construction workers, on-site workers, customers, vendors, and trespassers. Contaminated Media: DEQ has evaluated data collected from the following media at the subject property: soil, soil-gas, and groundwater. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. A summary of constituents exceeding risk screening levels is provided in Exhibit 2. Title Prepared by Date of Report Soil and Soil Gas Sampling Report, 1300 South Tryon Street ECS Southeast, LLP May 22, 2018 Report of Groundwater Assessment, 1300 South Tryon Street ECS Southeast, LLP May 8, 2017 Report of Subsurface Exploration, 1300 South Tryon Street ECS Southeast, LLP April 13, 2017 Phase I Environmental Site Assessment, 1300 South Tryon Street ECS Southeast, LLP April 4, 2017 Soil Soil samples collected from soil boring GW-1 were screened in the field on April 24, 2017 using a photoionization detector during installation of four groundwater monitoring wells on the property. No elevated VOCs were detected. Three additional soil samples were collected on January 31, 2018 and analyzed for VOCs, semi-volatile organic compounds (SVOCs), and metals. No VOCs or SVOCs were detected above PSRGs. Arsenic was detected above PSRGs ranging from 3.3 to 4.1 mg/kg. Groundwater A groundwater assessment was conducted in April 2014. Four shallow temporary groundwater monitoring wells were installed and sampled at the site. Groundwater samples were submitted from each monitoring well for laboratory analysis of VOCs (USEPA Method 8260B) and SVOCs (USEPA Method 8270D), ammonia and glycols. Groundwater contaminants detected above the NCAC 2L Standard include tetrachloroethylene and MTBE. As shown in the table below, the highest concentrations detected did not exceed the carcinogenic or risk hazard index. Soil Vapor Three soil gas samples were collected in January and February 2018 from a depth of 5 feet bgs and submitted for laboratory analysis of VOCs by EPA Method TO-15. Tetrachloroethylene exceeded the residential vapor intrusion screening level; however, the detected VOCs did not exceed the carcinogenic or risk hazard index. Risk Calculations Risk Calculations were performed using Excel worksheets provided by Sandy Mort, NCDEQ Brownfields Toxicologist. The risk calculations indicated the following based on available data showing the highest detection for each analyte, including the following media: groundwater, soil, and soil gas. Summary of Risk Assessment Output Output Form 1A PRIMARY CALCULATORS Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Resident Soil Combined Pathways 0.0E+00 0.0E+00 NO Groundwater Combined Pathways 8.7E-06 4.7E-01 NO Non-Residential Worker Soil Combined Pathways 2.3E-07 8.9E-02 NO Groundwater Combined Pathways 2.3E-07 8.9E-02 NO Construction Worker Soil Combined Pathways 0.0E+00 0.0E+00 NO VAPOR INTRUSION CALCULATORS Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Resident Groundwater to Indoor Air 5.3E-07 7.3E-02 NO Soil Gas to Indoor Air 3.1E-06 5.4E-01 NO Indoor Air 0.0E+00 0.0E+00 NO Non-Residential Worker Groundwater to Indoor Air 1.2E-07 1.7E-02 NO Soil Gas to Indoor Air 2.2E-07 4.3E-02 NO The mediums affected include groundwater, soil and soil gas. The constituents detected at the site did not exceed the carcinogenic or risk hazard index. Required Land Use Restrictions: Based on the site-specific data provided to the Brownfield program, site reuse is suitable for multi-family residential, retail, office, recreational, open space, parking, restaurant, brewery or food production facility, and, subject to DEQ’s prior written approval, other commercial uses, as long as the agreed upon land use restrictions in the BFA are abided by. 1. No use other than for definitions for multi-family residential, retail, office, recreational, open space, parking, restaurant, brewery or food production facility, 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. 5. Soil Import/Export. 6. No new buildings until DEQ says indoor air is safe/no VI issues/VI protection installed. 8. 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, fuels for generators/equipment 14. LURU submission January 1st