23074_Bookers Garage_DM_20230321

DECISION MEMORANDUM
DATE: March 21, 2022
FROM: Kathleen Markey/Sharon Eckard
TO: BF Assessment File
RE: Bookers Garage
1113, 1115, and 1121 Seigle Avenue, and 820 East 15th Street
Charlotte, Mecklenburg County
Brownfields Project No. 23074-19-060
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, retail,
restaurant, beverage or food production facility, office, recreational, parking, and subject
to DEQ's prior written approval, other commercial uses, can be made suitable for such
uses.
Introduction:
The Prospective Developer (PD) for the Bookers Garage Site is 1115 Seigle, LLC. This
is a limited liability corporation and is headquartered in 436 E 361h Street, Charlotte, NC
28205. On December 19, 2019, the original Brownfields Property Application (BPA) for
Bookers Garage was submitted by Alexander Ricks PLLC on behalf of 1121 Seigle, LLC
as the PD. On June 10, 2021, an amended Brownfields Property Application (BPA) was
submitted by Alexander Ricks, PLLC on behalf of 1115 Seigle LLC, the new PD team.
Its manager is CoHab Development, LLC located at the same address. The principal
officer and representative is Harrison Tucker. The Brownfields property is
approximately 0.53-acres and is associated with the following three county tax parcel
IDs: 08109913, 08109914, 08109921. The Brownfields Property is located at the
intersection of Seigle Avenue and E. 15th Street. Little Sugar Creek is located
approximately 200 feet northwest of the Brownfields Property.
Redevelopment Plans:
The PD team redeveloped the Brownfields Property into a 28-unit residential apartment
complex with a leasing office and associated parking deck. Other potential uses as noted
above may be added in the future. The PD demolished the existing residential structures
in January 2021 with initial grading activities and construction commencing in April
2021 under a DEQ-approved Environmental Management Plan (EMP) dated February
25, 2021. The construction was largely completed in late 2022 and occupancy is
scheduled for Spring 2023.
On August 17, 2021, DEQ determined that the Vapor Intrusion Mitigation Plan for the
Bookers Garage site was in compliance with the Brownfields Vapor Intrusion Mitigation
System (VIMs) Design Submittal New Construction Minimum Requirements Checklist.
The VIMs design is specifically located for the slab -on -grade residential units located
Bookers Garage/23074-19-060/20230321

along Seigle Avenue. The rest of the site includes residential units located above the
parking garage and because of that, those apartments do not require vapor mitigation.
A VIMS Installation Completion Report (Hart & Hickman, December 19, 2022) was
recently provided to DEQ for review in addition to the Final Redevelopment Summary
and Final Grade Soil Assessment Work Plan (Hart & Hickman, January 26, 2023).
Site History:
The three parcels historically were occupied by three single-family residences (1115 and
1121 Seigle Ave. and 820 E. 15th St), ranging in area between 954 square feet (sf) to
1,103 sf that were first developed between 1928 and 1936, and one 1,200 sf commercial
building at 1113 Seigle Ave. that was constructed in the late 1950s to early 1960s. The
commercial building was occupied by an auto repair facility between 1962 and 1979.
Most recently, it was occupied for various ministry -related operations, specifically as part
of the Bruised But Not Broken Outreach Ministry.
There are no known regulatory incidents associated with this Brownfields Property.
Potential Receptors:
Potential receptors are: construction workers, on -site workers, future residents, visitors,
animals (dog park/farm animals), and trespassers. The area is located within a residential
area of eastern Charlotte and Little Sugar Creek is located north and northwest of the
Brownfields Site. There are three USTs located south of the Brownfields Site.
Risk Calculations and Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property:
groundwater, soil, and exterior soil gas. DEQ relies on the following data to base its
conclusions regarding the subject property and its suitability for its intended reuse. Please
see the Brownfield Agreement's Exhibit 2 for specific sample locations, dates, and
contaminants of concern (COCs).
Risk calculations were performed using the January 2022 DEQ Risk Calculator
https:Hdeq.nc. goy/permits-rules/risk-based-remediation/risk-evaluation-resources.
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Bookers Garage/23074-19-060/20230321

Risk For Individual Pathways
Versio-nDate: Januarv2021
Basis: November 2021 EPARSL Table
Site ID: 2397419-0"
Eipsure Unit ID: Site wide
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
PathwaT
Carcino-geuic
Hazardlnde=
Riskesceeded?
Risk
.ErU6
Resident
..........................................Soil..................................................B
_ ..........................
..........t.-9E01............................;IO
..................
I= rroundwaterUse*
0.0E+00
23E-02
NO
Sod...........................................
Ion -Residential Worker
.........1.-4E-06....................t.:6Er02............................NO
CrroundwaterUse*
O.OE+00
3.8E-03
NO
construction Worker
Soil
1.6F O7
1AE-01
NO
Soil
NO
Recreator.•rTrespasser
..... .......................................................
..........SE-[16...................1:0E-01
Surface Rater*
NC
NC
NC
' :APOR INTRUSION CALCULATORS
Receptor
Pathway
Carcinogenic
Risk
Hazardlndei
Ri.akeseeeded7
GroundwatertoIndoor Air
0.0E+00
0.0E+00
NO
Resident
.......................................................................................................................................................................................................................
Soil Gas to IndoorAir
......................................................................................................................................................................................................................
12E-05
LM+00
YES
IndoorArr
NC
NC
NC
Groundwater tolndoorAir
O.OE+H
O.OE+00
NO
ion -Residential Worker
.........................................................................:............................................................................................................................................
Soil Gas to Indoor Air
.................................Indoor.rlir..............................................................................NC................................................
8_1&07
9.9E,02
NO
NC
NC
Soil
Soil samples were collected to a depth of eight feet below ground surface (ft bgs). Based
on the risk calculator output, soil use for residential, non-residential, construction worker,
and recreator/trespasser exposure scenarios do not exceed the acceptable carcinogenic
risk range maximum of lE-4 and the threshold non -cancer hazard index of 1.0. The risk
calculator is driven by metals and semi -volatile organic compounds (SVOCs) in soil.
Limitations on direct contact with soil are included in the land use restrictions (LURs) of
the Brownfields Agreement. Exceedances of individual soil constituents can be located
in the Bookers Garage Exhibit 2 document.
Groundwater
Groundwater onsite flows northwest and the site is adjacent to the Little Sugar Creek.
Groundwater samples were taken in two separate locations (TW-1, TW-DUP (TW-1),
and TW-2). Based on the risk calculator output, groundwater use for both direct
residential and non-residential worker exposure scenarios do not exceed the acceptable
carcinogenic risk range maximum of lE-4 and the threshold non -cancer hazard index of
1.0. Groundwater is not used as a water source for the Brownfields Property and
limitations on direct contact with site groundwater are included in the LURs of the
Brownfields Agreement.
Surface Water
Surface water is not located on nor borders the Brownfields Property.
Bookers Garage/23074-19-060/20230321

Exterior Soil Gas
Exterior soil gas samples were taken onsite at sample locations SG-1 through SG-6.
Based on the risk calculator output, the calculated residential soil gas to indoor air risk
values exceed the acceptable threshold non -cancer hazard index of 1.0, with a hazard
index of 1.2. The risk calculator exceedance is driven by various volatile organic
compounds (VOCs) such as trichloroethylene (TCE), benzene, naphthalene, and 1,3-
butadiene. Exceedances of individual exterior soil gas constituents can be located in the
Bookers Garage Exhibit 2 document.
A vapor mitigation system has been designed for the site, due to the hazard index risk
associated with the residential reuse of the site. DEQ has worked with the PD team to
approve and construct the VIMs. On August 17, 2021, DEQ determined that the Vapor
Intrusion Mitigation Plan for the Bookers Garage site was in compliance with the
Brownfields Vapor Intrusion Mitigation System (VIMs) Design Submittal New
Construction Minimum Requirements Checklist
Sub -Slab Vapor
Sub -slab vapor samples were not taken on site as the structures onsite were completely
demolished prior to assessment activities on the Brownfields Property.
Indoor Air
Indoor air samples were not taken on site as the structures onsite were completely
demolished prior to assessment activities on the Brownfields Property.
Land Use Restrictions:
LURs will include the standard land use restrictions including approved uses, land use
definitions, requirement for an EMP, demolition activities, AST removal, groundwater,
soil and sediment disturbance, known contaminants, access, abandonment of monitoring
wells, notification, vapor intrusion, and land use restriction update LURs.
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.
PROPERTY MANAGEMENT ISSUES
Construction is anticipated to be complete in March 2023, and the site includes a DEQ-
approved VIMS design. Soil gas data was collected onsite, which indicated the presence
of VOCs. These detections were noted above residential screening levels for
trichloroethene (TCE) in two samples. This VIMS design was created in accordance with
the DEQ DWM Vapor Intrusion Guidance and is a passive system and will require post -
construction sub -slab sampling on an annual basis and will be submitted to DEQ to
document such sampling activities and results. Based on the location of the parking
garage, located under the residential units, and lobby area in the western portion of the
site, the VIMS is designed only for the residential units on grade.
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Bookers Garage/23074-19-060/20230321

A VIMS Installation Completion Report (Hart & Hickman, December 19, 2022) was
submitted to Brownfields on December 19, 2022 and a Final Redevelopment Summary
and Final Grade Soil Assessment Work Plan (Hart & Hickman, January 26, 2023) was
submitted on January 26, 2023. By email on March 13, 2023, Kelly Johnson, Brownfields
VI Specialist, noted that we have no objections to occupancy related to VI concerns.
Bookers Garage/23074-19-060/20230321