25019_ Davidson Depot II_ Final Decision Memo 20210730

DECISION MEMORANDUM DATE: Revised July 30, 2021 FROM: Carolyn Minnich

TO: BF Assessment File RE: Davidson Depot II 301 Depot Street, Davidson, Mecklenburg County
Project Number 25019-21-060 (former 19041-15-060)
The North Carolina Brownfields Program (NCBP) determined that the above referenced site, whose intended use is for no uses other than retail, office, brewery or food production facility, restaurant, parking, industrial, warehousing, and subject to DEQ’s prior written approval, other
commercial uses.
Introduction: DEQ Brownfields Program began involvement with the Property in June 2015 when a Brownfields Property Application (BPA) was submitted by Davidson Depot, LLC as the Prospective Developer (PD), and a Letter of Eligibility (LOE) was issued on August 6, 2015. In
2017, Davidson Depot LLC withdrew its request to redevelop the Property and the property shifted into the Ready for Reuse Option within the Brownfields Program. On August 16, 2019, a revised BPA was submitted to the NCBP by Davidson Depot Holdings, LLC. An LOE was issued on September 20, 2019. NCBP and PD worked together to outline the needs for the methods and means for safe redevelopment on the Property. On February 25, 2021, once again a
revised BPA was submitted by Linden Mills, LLC as the PD and Davidson Depot Holdings, LLC withdrew their application. A revised Letter of Eligibility was issued on March 15, 2021. The Brownfields Property is 4.74 acres in Davidson, NC. The Property contains two warehouses that are currently leased to retail business for use and storage. Previous tenants include Linden
Manufacturing, Davidson Cotton Mill, and Carolina Asbestos Company. From the 1930s until around the 1960s, Carolina Asbestos Company was a manufacturer of asbestos-containing materials. Redevelopment Plans:
Linden Mills LLC’s redevelopment plans for the Brownfields Property are adaptive reuse with the following approved uses retail, office, brewery or food production facility, restaurant, parking, industrial, warehousing, and subject to DEQ’s prior written approval, other commercial uses. The existing structures will remain and no additional structures are planned. The following are conceptual site plans.

Site History:
The Brownfields Property was first developed in 1890 as a warehouse for a cotton mill. Additions were constructed in the 1940s and 1950s resulting in the current footprint of the warehouse and building located on the eastern portion of the Brownfields Property. The building
is one story and comprises approximately 47,410 square feet. The warehouse on the western
portion of the Brownfields Property was developed in 1976 and comprises approximately 10,752 square feet. Concrete-paved and gravel-lined parking areas are located between the two structures.
Between 1930 and 1960, the Brownfields Property was used by the Carolina Asbestos Company,
an asbestos textile and tile manufacturer. Their operations included asbestos waste disposal on the Brownfields Property and nearby properties. Prior to 1930, the western portion of the Brownfields Property had a topographic low depression, used as a holding pond. The disposal of waste asbestos materials at this site filled this low area to its present level. From 1960 to 1976,
the Brownfields Property was used by another company; the name and operations are not known
at this time. In 1976, the Kenyon’s purchased the Brownfields Property without the knowledge of any asbestos impacts. Due to erosion and daily use, portions of the soil cap eroded and friable asbestos was observed at
the ground surface in the mid-1980s. An investigation was conducted after a resident found her
children covered in “a whitish material” after playing, and filed a complaint with the Mecklenburg County Department of Environmental Health (“Meck County”) on February 3, 1984. Following the complaint, Meck County and the property owner took action to stabilize the Brownfields Property. Meck County oversaw the actions on the property and the site became
somewhat of the “test-case” for which the EPA sent a group from Washington, D.C. In early
1984, over 60 samples were collected on the property and surrounding area to determine the location, depth, and concentration of asbestos-containing materials (“ACM”). In late 1984, the disposal pond area was closed by the placement of compacted layers of soil, vegetative ground cover and/or asphalt parking and the area was secured. Consequently, Meck County concluded
that the site complied with mandated requirements.
In December 2004, Metrolina Warehouse, LLC acquired the Brownfields Property from the Estate of Robert E. Kenyon and Elizabeth N. Kenyon.
In September 2016, the DEQ Superfund Program contacted the EPA Emergency Response and
Removal Branch (“ERRB”) to conduct a Removal Site Evaluation (“RSE”) in the surrounding area of the Brownfields Property. On November 1, 2016, EPA and DEQ walked the Brownfields Property and surrounding area. During this time, a whiteish material was identified on Eden Street from a washout on the Brownfields Property. A sample was collected from the material in
the street and rush analyzed. The analytical results showed chrysotile and amosite at
concentrations greater than 1%. Access to the area was immediately restricted and ERRB conducted a removal action to address this material under EPA oversight. From November 2016 through April 2017, EPA investigated potential ACM in the surrounding
area. EPA collected samples from 93 properties, of these 32 residential properties had soil
results at or above the EPA health risk-based level. In May 2017, EPA began removal operations in the site area to assess and remove ACM in local yards. IHSB assigned incident number NCNOOO405052 under the name Davidson Asbestos to this project. The EPA removed the top one to two feet of asbestos-contaminated soil, marked off the end of the excavation and
installed clean fill and sod at the 32 properties. Approximately 6,204 tons of asbestos-containing
soil was removed during the initial work phase. In January 2017, the property owner, Metrolina Warehouse, LLC hired S&ME to conduct repair operations on the Brownfields Property to prevent immediate exposure to ACM in the
surrounding area. Animal burrow holes were sealed, vegetation was removed, a layer of organic
compost mixed with grass seed was applied, and erosion control matting over the compost/seed
mix was installed. At this time the current property owner, Metrolina Warehouse, LLC, is responsible for inspecting and maintaining the cap under the oversight of DEQ IHSB until the property is redeveloped or sold to a new owner. Currently, this property is listed on the Inactive Hazardous Sites and Pollutant List under the name Carolina Asbestos Corp NONCD0003035.

In January 2020, in response to community concerns in the area, NCDEQ approached EPA to return to the area to expand the asbestos-soil sampling area in the surrounding area of the Brownfields Property. The 2020 assessment included 136 properties of which 11 require remediation and removal actions. The remaining 125 did not exceed the remediation action
threshold for a removal action. The remedial work is set to start in April 2021.
A previous tenant on the Brownfields Property was Recycled Paints located at 216 Eden Street. In March 1992, they were listed as a RCRA Small Quantity Generator EPA ID NCN986204998. No violations or incidents were reported. As of May 2014, they are no longer on the Brownfields
Property.
Potential Receptors: Potential receptors are: construction workers, on-site workers, visitors, and trespassers. Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: groundwater, soil, and vapor. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. Soil
The soil on the Brownfields Property is impacted by asbestos from former manufacturing and disposal practices. The Brownfields Property generally slopes from a high of 814 feet on the eastern portion to a low of 780 feet on the western portion. The top of the onsite disposal area is approximately 800 feet elevation.
In February 2002, MACTEC completed a subsurface asbestos investigation and advanced 36 borings. MACTEC estimated approximately 2,100 to 2,300 cubic yards of ACM remain on the Brownfields Property. In August 2015 Terracon collected forty-four (44) soil samples from nineteen (19) areas of suspect ACM. Twenty-six (26) samples detected Chrysotile Asbestos at 1% or greater. The depth of ACM ranged from shallow 1-2 ½ feet below ground surface (“bgs”)
to deeper samples at 18 ½ to 20 feet bgs. Exhibit 2 lists the sample locations with detections of asbestos concentrations above 0.25 % Chrysolite.
In January 2017, S&ME did extensive work to stabilize and secure the buried debris adjacent to Eden Street. The vegetation was removed and wild animals, were relocated from the hillside. In
an effort to stabilize the slope an erosion control matting was installed. The property owner inspected the Brownfields Property weekly and reports were submitted monthly to NCDEQ IHSB.
The Remedial Action for this site includes a permanent cap design and long-term maintenance in the Asbestos Design Plan(ADP). This plan remains in the conceptual phase, no plan has been
approved by DEQ as of March 2021. An ADP is a land use restriction and physical
redevelopment will not be permitted on the Brownfields Property until the plan is approved in writing by NCBP.

The following PAHs concentrations were benz(a)anthrance, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, fluoranthene, indeno(1,2,3-cd)pyrene in sample SB-01 (0-5) but the results were an order of magnitude below Ind/Commercial PSRGs. The following metal concentrations were detected barium, total chromium, lead, mercury, and
selenium on the Brownfields Property but concentrations are below Ind/Commercial PSRGs.

Groundwater Groundwater impacts are modest. 2-Butanone was detected in monitoring well GW-03 at 5.7 µg/L; the applicable standard is 4 µg/L. Metals concentrations were also detected above the
applicable screening values for arsenic, barium, cadmium, chromium, lead, and selenium. The
monitoring wells installed were temporary and turbidity may have contributed to the higher metal concentrations. Surface Water Surface water is not located on the site.

Soil Vapor Soil vapor samples were collected in August 2016. No constituents were detected above the screening levels. Cumulative results were calculated using the DEQ Brownfields Vapor Intrusion Hazard Quotient, and the hazard quotient was less than 0.2.
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 results followed the current USEPA risk assessment guidance. The DEQ Risk Calculator dated January 2021 was used to evaluate various scenarios. Below
represents the entire site with worst case sample data only. The risk calculations indicated the
following based on available data, including the following media: groundwater, soil, soil gas, and indoor air

Required Land Use Restrictions:
Based on the site-specific data provided to the Brownfield program, the Brownfields Property is suitable for the intended reuses as long as the agreed upon land use restrictions in the BFA are abided by.
a. The Brownfields Property can only be used for retail, office, brewery or food production
facility, restaurant, parking, industrial, hotel, open space, warehousing, and subject to DEQ’s prior written approval, other commercial uses. b. Restricting uses for childcare centers, adult care centers or schools without DEQ written approval
c. Notice given to DEQ for renovation or demolition of existing structures
d. No Groundwater use without DEQ written approval. e. Asbestos Design Plan (ADP) required prior to redevelopment f. Financial Assurance for new property owners g. ADP for new buildings
h. Continued use of Brownfields
i. EMP required prior to redevelopment. j. Annual development summary report required. k. No Soil disturbance without DEQ written approval. l. Final grade sampling
m. Soil may not be removed from, or brought onto, the Brownfields Property without prior
sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP. n. No use of existing contaminants on the BF Property. o. No enclosed building may be occupied without DEQ written approval of vapor intrusion
data evaluation or mitigation.
p. Maintenance of future monitoring wells as needed to remain on site. q. DEQ or remediating parties shall not be denied access for assessment/remediation r. Deed conveyance of Notice. s. LURU submittal.