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Home My WebLink About23002_Stax Gym_DecisionMemo_20200526DECISION MEMORANDUM DATE: May 26, 2020 FROM: Jordan Thompson TO: BF Assessment File RE: Stax Gym 503 Blairhill Road and 3600, 3608, and 3722 S Tryon Street Charlotte, Mecklenburg County Brownfields Project No. 23002-19-060 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, townhomes, recreation, open space, and with prior written DEQ approval, other commercial uses, can be made suitable for such uses. Introduction: The Brownfields Property consists of five parcels of land totaling 15.9777 acres of land (Mecklenburg County Parcel #s 14513401, 14513403, 14513427, 14513428, and 14513422). The property is currently developed with a commercial warehouse building that is occupied by a cross-fit gym with associated recreational fields. Redevelopment Plans: The Prospective Developer intends to redevelop the Brownfields Property with high- density residential, townhomes (must be pre-approved), recreation, open space, and with prior written DEQ approval, other commercial uses. Site History: The Brownfields Property was vacant and agricultural land with residences present in the southeastern portion from at least 1938 until 1975. The current building in the northern portion of the property was constructed in 1975 and has operated as a commercial office and warehouse since construction. Tenants within the building have included Independent Electric Lighting, Charlotte Queens Gallery, Corporate Media Services, Flooring, General Contractors, and Queen City Glass. Manufacturing or other industrial operations were not reported in association with the existing site building. The southern portion of the Brownfields Property was developed with the current building in 1983 and has been utilized as a sports facility since construction. On-site operations have included a gym, soccer fields, and a driving range. This building was also briefly occupied by a church in the early 2010s. The Prospective Developer leased the southern site building (Parcel #14513403) in 2015 for sports complex related operations and purchased the parcel in 2018. Parcel #145813427 is currently owned by David C Van Every; and Parcel #’s: 145813401, 145813422, and 145813428 are owned by Cardo Properties (or an affiliate of Cardo). The PD is completing the Brownfields Agreement for all five parcels on behalf of a third party developer, which party is under contract to purchase the entire Brownfields Property following completion of the Brownfields Agreement. 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, surface water, and sediment. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. Soil Soil has been assessed across the Brownfields Property at shallow depth intervals to evaluate potential for exposure during site redevelopment activities and end uses. Arsenic and hexavalent chromium were detected in soils above residential PSRGs but at concentrations that are considered to be naturally occurring for the area. Sediment samples were collected from an on-site tributary and evaluated for impacts. Arsenic, chromium, and two SVOCs were detected in the sediment samples above residential PSRGs. The risk calculator summary below outlines the calculated risks for soil exposure on the Brownfields Property. Groundwater Concern regarding potential impacts migrating from an off-site, upgradient (now) former drycleaner located at 3601 South Tryon Street were included in a Phase I ESA in 2012. In 2012 and 2018, groundwater was sampled at an upgradient location on the Brownfields Property near the drycleaner, and analytical results identified PCE above 2L Standards. During Brownfields Assessment activities, groundwater was sampled in eight locations across the property to establish baseline groundwater conditions. While chlorinated solvents associated with the off-site and upgradient source were identified in the north- eastern portion of the Brownfields Property, no impacts were detected in concentrations above the residential groundwater VISLs. The former drycleaner property is not in the NC DEQ DSCA Program, but is subject to a Brownfields Agreement (Yorkshire Drive – 22033-18-060). The risk calculator summary below outlines the calculated risks for groundwater exposure and vapor intrusion on the Brownfields Property. Surface Water An unnamed tributary is located on the southeastern portion of the Brownfields Property. The tributary was sampled in May 2019 as part of Brownfields assessment activities. No impacts were identified above 2B Surface water standards. The risk calculator summary below outlines the calculated risks for surface water exposure on the Brownfields Property. Soil Vapor Based on the off-site concerns and intended residential reuse of the Brownfields Property, soil gas samples were collected across the property to establish baseline conditions. No impacts above residential VISLs were identified, nor were cumulative vapor intrusion risks present above risk thresholds. However, based on the planned reuse of the property and current Program townhome minimum requirements, a minimum of passive VI mitigation will be required on all townhome buildings on the property. If active VI is not proposed on any future high density residential structure, sentinel wells will be required to monitor VI concerns. The risk calculator summary below outlines the calculated risks for the potential for soil vapor to impact indoor air on the Brownfields Property. Sub-Slab Vapor Based on the current use of the existing structures, the planned removal of those structures, and existing groundwater data, sub-slab soil vapor samples were not collected on the Brownfields Property. Indoor Air Based on the current use of the existing structures, the planned removal of those structures, and existing groundwater data, indoor air samples were not collected on the Brownfields Property. 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 USEP risk assessment guidance. The DEQ Risk Calculator dated December 2019 was used to evaluate the following. The Brownfields Property was evaluated as a whole. The risk calculations indicated the following based on available data, including the following media: groundwater, soil, soil gas, sediment, and surface water samples: Medium Site Area Residential LICR HI Groundwater Exposure Site wide 1.6 E-04 3.5 Groundwater to IAS Site wide 3.4 E-06 0.22 Soil Vapor to IAS Site wide 5.2 E-06 0.23 Surface Water* Site wide 1.7 E-06 0.034 Sediment Site wide 2.3 E-05 0.27 Soil Exposure Site wide 8.5 E-06 0.12 Soil Construction Worker Site wide 5.4 E-07 0.096 Red shading LICR> 1E-04 or HI> 1. LICR = Lifetime Incremental Cancer Risk HI = Hazard Index * Evaluated as Recreator/Trespasser Based on the above calculated risks, the property can be deemed to be suitable for the intended end use with the following land use restrictions in place. Regarding the potential for groundwater to migrate onto the Brownfields Property such as to cause a vapor intrusion concern, either a soil gas monitoring point system, passive, or active mitigation system shall be installed beneath all future high density residential and townhome buildings constructed at the Brownfields Property. Property Management Unit - Property is to be redeveloped for apartments and townhomes. The most recent HOA and townhome minimum requirements checklist are included in the agreement, and will apply to townhome portions of the Brownfields Property. Impact concerns on- site are associated with an upgradient former drycleaner located on another Brownfields Property (Yorkshire Drive, 22033-18-060) which is also being developed for THs. 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. - Townhomes shall follow minimum requirements - No groundwater use - No soil disturbance without DEQ approval - Final grade soil sampling post construction - Soil import/export must be approved - VI requirement for all future site buildings - No use of surface water without DEQ approval - DEQ notification of building demolition - EMP required for redevelopment - Redevelopment summary report requirement - DEQ shall be allowed access - Deed conveyance of the NBP - Known contaminants may not be used on the property - Abandonment of wells and maintenance of subsequently installed wells - LURU submittal