22034_Fairey Finishing DM_20231105

DECISION MEMORANDUM
DATE: November 5, 2023
FROM: Shristi R. Shrestha
TO: BF Assessment File
RE: Fairey Finishing Plant
1604 E. Lawson Street & 1551 Cooper Street
Durham, Durham County
BF Project No. 22034-18-032
Based on the following information, it has been determined that the above referenced
site, whose intended use is for no uses other than post -secondary education, student
center, associated parking, and subject to DEQ's prior written approval, other commercial
uses, can be made suitable for such uses.
Introduction:
The original Brownfields Property Application (BPA) submitted on April 23, 2018
included only one approximately 4.335 acre parcel (PIN 0830-49-92-1459) with the
address 1604 E. Lawson Street, Durham. On February 27, 2020, the Prospective
Developer (PD), Durham Technical Community College (DTCC) requested eligibility for
an adjacent approximately 0.966-acre parcel at 1551 Cooper Street (0830-49-60-8414).
Therefore, the Brownfields Property totals 5.239 acres. It appears that the original parcel
at 1604 E. Lawson Street has been combined with other parcels to create a 9.922-acre
parcel referenced as PIN 0830-49-92-1459. Only the original 5.239-acres parcel of this
larger parcel along with the added 0.966-acre parcel comprise the Brownfields Property.
DTCC is an accredited educational institution that offers associate degrees and
educational certificates in several disciplines in Durham and Orange Counties. It is
governed by a Board of Trustees. Its administrative offices are located at 1637 East
Lawson Street, Durham, NC 27703. Its President is John Buxton. Andrew Kleitsch is its
Vice President of Finance and Administrative Services and Chief Financial Officer and
Marshall Fuller is its Facilities Director.
Redevelopment Plans:
The PD's redevelopment plans were to construct the two-story, 20,467-square foot (sf)
Applied Sciences Building, aka Newton Hall Expansion, to create additional classroom
and laboratory space, a student center, and additional paved surface parking for DTCC on
the original parcel, and to have flex space and parking on the second parcel to provide
classroom space as other campus buildings are undergoing renovations.
The redevelopment activities for the original parcel were done under a DEQ-approved
Environmental Management Plan dated December 4, 2019. Construction on the original
parcel began in January 2020 and was completed in April 2021. As part of site grading
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and utility and foundation installation, approximately 5,119 cubic yards (cys) of soil were
exported from the Brownfields Property and disposed of at Earthtec of NC, Inc. in
Sanford, NC.
As proposed in the EMP, an active Vapor Intrusion Mitigation System (VIMS) design
was submitted on February 28, 2020, in accordance with DEQ guidance and was installed
between February 2020 and April 2020. The design included a GeoSeal membrane within
the elevator pit and across the system of a 60-mil thickness, and a sub -grade network of
slotted piping in gravel -lined trenches. Six sub -membrane Vapor Pins were installed to
serve as post -construction monitoring points. Smoke testing and coupon testing of the
spray -on membrane were also performed. Pilot testing of the VIMS was conducted in
April 2020 post -construction and one round of pre -occupancy sub -membrane vapor
sampling was conducted in July 2020.
The existing building on the second parcel is scheduled to be demolished in late 2023. A
new approximately 20,000 sf building is planned to be built in the second parcel which
will be used for academic purposes. A revised EMP will be submitted at a later date for
this part of the redevelopment.
Site History:
The original parcel on E. Lawson Street was historically first developed and operated as
the Fairey Hosiery Finishing Mill and warehouse from 1964 to 2005. By the late 2010s,
Allpack Assembly Inc. operated a packaging and shipping facility from this location.
DTCC purchased the property in 2011 and demolished the site structures in 2015. Other
than maintaining the landscaping, DTCC did not operate at the Brownfields Property.
The second parcel at 1551 Cooper Street was an industrial site historically used for
photographic services or printing/engraving services, including on -site electroplating,
starting in the late 1960s or early 1970s through the 2000s. It is occupied by one 21,590
sf industrial building constructed in 1968. Known past operator names include American
Photographic Service, Thiele Engdahl Inc., Piedmont Gravure Cylinder Service, Inc.,
Intaglio -Piedmont Engraving -Printing Cylinders, and the most recent operator name of
Piedmont Metalworks LLC, which provided custom metal fabrication services. The
Trustees of Durham Technical Community College purchased the Piedmont Metalworks
parcel from RJR Properties, LLC on September 25, 2020.
Regulatory information indicates that there is a UST Section Incident No. 39154
associated with the Brownfields Property. There was a release identified in 2011 which
was addressed in 2012. A Notice of Residential Petroleum (NORP) was filed on
September 21, 2012 in the Durham County Register of Deeds (Book 7074, Pages 361-
371) and a No Further Action letter was issued on September 14, 2012. The NORP
carries the following perpetual land use restrictions, which are not in conflict with the
Brownfields Agreement (as school in this case was meant to include elementary through
high schools and not include secondary education):
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Soil: The Site shall be used for industrial/commercial use only.
Industrial/Commercial use means a use where exposure to soil contamination is limited
in time and does not involve exposure to children or other sensitive populations such as
the elderly or sick. The real property shall not be developed or utilized for residential
purposes, including but not limited to primary or secondary residences (permanent or
temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation
areas and/or picnic areas.
Groundwater: Groundwater from the site is prohibited from use as a water
supply. Water supply wells of any kind shall not be installed or operated on the site.
The Brownfields Agreement will supersede the UST section land use restrictions.
Regulatory information in the project file also identifies a 550-gallon waste oil
underground storage tank (UST) that was used in association with the DTCC Automotive
Shops at 1616 Cooper Street, Durham. To clarify, that UST was removed in 2002 (UST
Incident No. 24468) and was located south of, and not on, the Brownfields Property.
Potential Receptors:
The potential receptors for the site are construction workers, Durham Technical
Community College students, workers, visitors, and trespassers.
Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil,
groundwater, exterior soil gas, and sub -slab vapor analytical results. 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:
Risk calculations were performed using the January 2023 DEQ Risk Calculator
h!tps:Hdeq.nc.gov/permits-rules/risk-based-remediation/risk-evaluation-resources. Based
on the site contaminants at this site, and the revisions made to the July 2023 Risk
Calculator, the January 2023 Risk Calculator results are still considered valid for this
Brownfields Property. For the purposes of looking at the site spatially, the site was
evaluated according to the parcels.
Three risk calculators were prepared, two for the data collected on the 1604 Lawson
Street parcel, and one for data collected on the 1551 Cooper Street parcel. The first one
for 1604 Lawson Street included all pre -construction assessment data, and the second
incorporated the pre -occupancy sub -slab vapor data. The data input for the risk
calculators was taken from several reports which are listed in paragraph 4.a. of the
Brownfields Agreement.
The risk calculations indicated the following based on available pre -construction data,
including the following media: soil, groundwater, and exterior soil gas.
Durham Technical Community College/22034-18-032/05Nov2023

Pre -Construction Risk Calculator Parcel 1:
Risk for Individual Pathways
Version Date: January 2023
Basis: November 2022 EPA RSL Table
Site ID: 22034-18-032
Exposure Unit ID: 1604 Laswon Street (Soil, GW & Soil Gas)
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
Pathway
Carci iskeme
Hazard Index
Risk exceeded?
Resident
Soil
8.6E-06
1.6E-01
NO
Groundwater Use*
9.4E-05
7.5E-01
NO
Non -Residential Worker
Soil
1.5E-06
1.2E-02
NO
Groundwater Use*
2.0E-05
1.2E-01
NO
Construction Worker
Soil
4.4E-07
1.2E-01
NO
Recreator/Trespasser
Soil
4.8E-06
9.1E-02
NO
Surface Water*
NC
NC
NC
VAPOR INTRUSION CALCULATORS
Receptor
Pathway
Carci iskeme
Hazard Index
Risk exceeded?
Resident
Groundwater to Indoor Air
1.1E-05
1.8E-02
NO
Soil Gas to Indoor Air
8.7E-05
4.0E+00
YES
Indoor Air
NC
NC
NC
Non -Residential Worker
Groundwater to Indoor Air
2.5E-06
4.3E-03
NO
Soil Gas to Indoor Air
6.3E-06
3.2E-01
NO
Indoor Air
NC
NC
NC
Durham Technical Community College/22034-18-032/05Nov2023

Pre -occupancy Risk Calculator - A second risk calculator for Parcel 1 - 1604 E. Lawson
Street was prepared to calculate risk from the pre -occupancy sub -slab vapor sampling
conducted after the VIMS was installed. The output of the second risk calculator is listed
below.
Version Date: January 2023
Basis: November 2022 EPA RSL Table
Site ID : 22034-18-032
Exposure Unit ID: Applied Tech Building (Pre -Occupancy soil gas only)
DIRECT CONTACT SOILAND WATER
CALCULATORS
Receptor
Pathway
Carcinogenic
Risk
Hazard Index
Risk exceeded?
Resident
Soil
NC
NC
NC
Groundwater Uses`
NC
NC
NC
Non -Residential Worker
Soil
NC
NC
NC
Groundwater Uses`
NC
NC
NC
Construction Worker
Soil
NC
NC
NC
Recreator/Trespasser
Soil
NC
NC
NC
Surface Water
NC
NC
NC
VAPOR INTRUSION CALCULATORS
Receptor
Pathway
Carciinokgenic
Ris
Hazard Index
Risk exceeded?
Resident
Groundwater to Indoor Air
NC
NC
NC
Soil Gas to Indoor Air
53E-06
1.5E-01
NO
Indoor Air
NC
NC
NC
Non -Residential Worker
Groundwater to Indoor Air
NC
NC
NC
Soil Gas to Indoor Air
4.0E-07
1.2E-02
NO
Indoor Air
NC
NC
NC
Durham Technical Community College/22034-18-032/05Nov2023

A third risk calculator was run for the second parcel, 1551 Cooper Street. Since there is
an existing building present on this parcel, sub -slab vapor data was collected in addition
to soil data. The risk calculator output for this is listed below:
Risk for Individual Pathways "111 WIN
Version Date: January 2023
Basis: November 2022 EPA RSL Table
Site ID: 22034-18-032
Exposure Unit ID: 1551 Cooper Street (Soil, Soil Gas)
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
Pathway
Carci iskeme
Hazard Index
Risk exceeded?
Resident
Soil
2.3E-05
2.1E-01
NO
Groundwater Use*
NC
NC
NC
Non -Residential Worker
Soil
2.6E-06
1.5E-02
NO
Groundwater Use*
NC
NC
NC
Construction Worker
Soil
1.6E-06
1.5E-01
NO
Recreator/Trespasser
Soil
1.3E-05
1.2E-01
NO
Surface Water*
NC
NC
NC
VAPOR INTRUSION CALCULATORS
Receptor
Pathway
Carcinogenic
Risk
Hazard Index
Risk exceeded?
Resident
Groundwater to Indoor Air
NC
NC
NC
Soil Gas to Indoor Air
3.2E-07
2.2E-02
NO
Indoor Air
NC
NC
NC
Non -Residential Worker
Groundwater to Indoor Air
NC
NC
NC
Soil Gas to Indoor Air
2.5E-08
1.7E-03
NO
Indoor Air
NC
NC
NC
Based on the risk calculator output from above, the only risk value that exceeded an
acceptable carcinogenic risk (CR) range of up to 1E-04 or a noncancer hazard index (HI)
of 1.0 is the soil gas to indoor air output for residential exposures for 1604 Lawson Street
parcel. Although the soil gas to indoor air HI value for non-residential exposures, which
apply at this Brownfields Property, was less than 1.0, the PD designed and installed an
active VIMS, which is recommended in instances where the HI is less than 1.0, to
account for uncertainty as what may occur when site conditions change by the actions of
placing a building on the property. Although TCE was present in site soil gas, the risk
drivers noted in this calculator are 1,3-butadiene and ethylbenzene.
Pre -occupancy sub -slab vapor data collected from sub -membrane Vapor Pins from six
locations in the new building at the Brownfields Property were used in the second risk
calculator for 1604 E. Lawson Street. These data indicate almost an order of magnitude
reduction in HI of 0.012 from 0.32 for the non-residential soil gas to indoor air exposure.
This low HI supports the continued use of the VIMS, with periodic pressure monitoring.
No additional post -occupancy sampling of the Vapor Pins is required.
The third risk calculator output shows that there is none of the calculated risk values
exceed acceptable regulatory threshold values for the parcel at 1551 Cooper Street.
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Soil
The calculated risk values for soil at the Brownfields Property do not exceed acceptable
regulatory risk levels for CR or HI. Soil constituents detected in excess of their respective
Preliminary Industrial/Commercial Soil Remedial Goals (PSRGs) include arsenic,
hexavalent chromium, total petroleum hydrocarbons — diesel range organics (DRO), and
C9-C 18 aliphatic petroleum hydrocarbon compounds. The depth at which soil samples
were taken ranged from 1.5 — 7 ft below ground surface. There were other compounds
detected at the Brownfields Property (p-isopropyltoluene, 3-nitroaniline, and
phenanthrene); however, these constituents do not have established PSRGs.
Groundwater
The calculated risk values for groundwater at the Brownfields Property do not exceed
acceptable regulatory risk levels for CR or HI. The only compound that was detected in
groundwater that exceeded the 15A NCAC 02L.0202 Groundwater Standards was bis(2-
ethylhexyl)phthalate.
Surface Water
Surface water is not located on, nor borders, the Brownfields Property.
Exterior Soil Gas (pre -construction)
Exterior soil gas sampling was performed at the original parcel of the Brownfields
Property in 2017 because the former industrial buildings had been demolished in 2015
and volatile organic compounds in soil gas were suspected. The compounds which were
found to exceed their respective Non -Residential VISLs were 1,3-butadiene and
ethylbenzene. Other detected compounds for which VISLs are not established are
ethanol, 4-ethyltoluene, trichlofluoromethane, and 2,2,4-trimethylpentane.
Sub -Slab Vapor
Sub -slab vapor sampling was performed in 2019 at the 1551 Cooper St. former industrial
building. None of the compounds detected were in exceedance of their respective Non -
Residential VISLs. Detected compounds which do not have established VISLs are
ethanol, 4-ethyltoluene, trichlorotrifluoromethane, and 2,24-trimethylpentane. Sub -
membrane Vapor Pins at the 1604 E Lawson St. were sampled after the new building was
constructed. None of the compounds exceeded their respective Non -Residential VISLs.
Indoor Air
Indoor air sampling was not performed at the Brownfields Property during the assessment
phase of the brownfields process. Based on sub -membrane Vapor Pin data collected in
2020, indoor air sampling is not required in the new building constructed on the 1604 E.
Lawson Street parcel. Based on the risk calculator output for the sub -slab data for the
1551 Cooper Street the HI is 1.7 E-03, which is very low. A VIMS and pre -occupancy
and post -occupancy data are not required.
Land Use Restrictions:
The Brownfields Agreement for this property will include standard land use restrictions
including the approved land uses; prohibition of residential, childcare, adult care, and
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schools, no physical redevelopment without an EMP, redevelopment reporting,
restrictions on groundwater use, soil disturbance and fill/export of soil, known
contaminant uses, notices, access, well abandonment, deed, and land use restriction
update provisions.
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 on the DTCC academic building was completed on April 9, 2020, under a
DEQ-approved EMP. A DEQ-approved VIMS was installed between February 2020 and
April 2020 and will remain an active system. Pre -occupancy sampling was done in July
2020. Kelly Johnson, VI Specialist requested in an email dated January 11, 2023 to
conduct post -occupancy sampling during the winter months of 2023 and a quarterly
pressure check on the VIMS system installed in the new building in the southern area of
the Lawson Street parcel.
The PD may amend the Brownfields Agreement in the future to include property to the
east of the existing Brownfields Property.
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