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Fulbright Laboratories/25073-21-060/20231109
DECISION MEMORANDUM
DATE: November 8, 2023
FROM: Bill Schmithorst
TO: BF Assessment File
RE: Fulbright Laboratories
1919, 1923, and 1933 South Boulevard
Charlotte, Mecklenburg County
BF # 25073-21-060
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, parking and with DEQ’s prior written approval, other commercial uses, can be
made suitable for such uses.
Introduction:
The Prospective Developer (PD) is South End Charlotte Owner, LLC, a limited liability
company, headquartered at 3990 Hillsboro Pike, Suite 400, Nashville, Tennessee 37215.
The Brownfields Property consists of three parcels totaling approximately 0.92 acres.
The 1919 South Boulevard building currently is used for office space, the 1923 South
Boulevard building is unoccupied, and the 1933 South Boulevard building is occupied by
a bar/restaurant.
Redevelopment Plans:
Planned redevelopment of the Brownfields Property includes construction of an
apartment/commercial building. A passive vapor mitigation system will be installed.
Site History:
The Brownfields Property was developed with buildings (which included the current
structure at 1923 South Boulevard) consisting primarily of retail stores from the 1900s to
1920s. A beverage bottling facility also occupied the site by the early 1920s. The
property was occupied by various businesses and operations from the 1930s to the 1970s,
including groceries, retailers, a construction company, a roofing supply company, and a
chemical laboratory and manufacturing company. The current on-site restaurant and
office buildings at 1933 South Boulevard and 1919 South Boulevard, respectively, were
constructed in the late 1980s. According to the 2021 Phase I Report, no historical releases
have been reported on the Brownfields Property. In addition, no underground storage
tanks were reported to have been used at the property.
Potential Receptors:
Potential receptors are: construction workers, on-site workers, and future residents.
Contaminated Media:
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DEQ has evaluated data collected from the following media at the subject property: soil,
sub-slab soil vapor, exterior 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. 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
https://deq.nc.gov/permits-rules/risk-based-remediation/risk-evaluation-resources.
Data from the site-wide sampling locations exhibiting the highest concentrations for soil,
groundwater, exterior soil gas and sub-slab vapor were used for calculating risk. Results
of the risk evaluation are presented in the following table.
Risk for Individual Pathways Output Form 1A
Version Date: January 2023
Basis: November 2022 EPA RSL Table
Site ID: 25073-21-060
Exposure Unit ID: Soil, Groundwater, Soil Gas
Receptor Pathway
Carcinogenic
Risk Hazard Index Risk exceeded?
Soil 3.0E-05 4.3E-01 NO
Groundwater Use* 9.7E-03 1.3E+02 YES
Soil 3.0E-06 4.9E-02 NO
Groundwater Use* 4.7E-04 2.6E+01 YES
Construction Worker Soil 6.0E-07 4.7E-01 NO
Soil 1.7E-05 1.9E-01 NO
Surface Water* NC NC NC
Receptor Pathway
Carcinogenic
Risk Hazard Index Risk exceeded?
Groundwater to Indoor Air 1.3E-03 2.9E+01 YES
Soil Gas to Indoor Air 3.9E-05 1.5E+00 YES
Indoor Air NC NC NC
Groundwater to Indoor Air 8.3E-05 7.0E+00 YES
Soil Gas to Indoor Air 2.8E-06 1.2E-01 NO
Indoor Air NC NC NC
DIRECT CONTACT SOIL AND WATER CALCULATORS
Resident
Non-Residential Worker
Recreator/Trespasser
VAPOR INTRUSION CALCULATORS
Resident
Non-Residential Worker
Soil
Low concentrations of SVOCs exceeding Residential PSRGs were detected in
shallow soil.
Arsenic and hexavalent chromium were detected above Residential PSRGs, but
within expected naturally occurring concentrations for the area.
Groundwater
Tetrachloroethylene, trichloroethylene (TCE), and vinyl chloride were detected
above NC Groundwater 2L Standards. The source of the contaminants has not
been identified but could possibly be from historical operations and offsite
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sources. The VOCs also exceed Residential Groundwater Vapor Intrusion
Screening Levels.
Surface Water
Surface water is not present on the property.
Exterior Soil Gas
VOCs detected in soil gas above Residential Vapor Intrusion Screening Levels
(VISLs) included benzene, ethylbenzene, naphthalene, and vinyl chloride.
The primary contaminant risk drivers are benzene and naphthalene.
Sub-Slab Soil Vapor
VOCS detected above Residential VISLs included ethylbenzene and total xylenes,
which are also the primary contaminant risk drivers.
Indoor Air
Buildings located on the property will be demolished, therefore, indoor air
samples were not collected.
Based on the results of the risk evaluation, the Residential Hazard Index risk threshold
was exceeded for soil gas and groundwater to indoor air under a residential use scenario.
Elevated concentrations of VOCs detected in groundwater will require a land use
restriction prohibiting groundwater use. Municipal water is available at the Brownfields
Property, further minimizing the potential exposure risks.
A DEQ-approved Environmental Management Plan (EMP), was prepared before the start
of soil grading to prevent exposure to site workers and future residents from unacceptable
levels of contaminants, and to manage the safe handling and disposal of potentially
contaminated materials during construction. In addition, final grade soil sampling of
exposed areas will be required prior to occupying the Brownfields Property to
demonstrate that the property is safe for the intended use.
A passive vapor intrusion mitigation system that can be made active is planned for the
new building.
Land Use Restrictions:
The standard land use restrictions including land use, Environmental Management Plan
and reporting requirements, prohibition on groundwater use, soil restrictions, vapor
intrusion mitigation, final grade sampling, no soil import/export, access, notification, and
prohibition on the use of known contaminants, and the annual land use update obligation
are required for this Brownfields Agreement.
Based on the site-specific data provided to the Brownfield Redevelopment Section, the
site reuse is suitable for the site as long as the agreed upon land use restrictions in the
BFA are abided by.
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Property Management
Environmental Management Plan
A passive vapor intrusion mitigation system is being installed.
Pre- and post-occupancy sub-slab vapor sampling will be required in the VIMP.
TCE was not detected in soil gas but was detected in groundwater.
Final grade soil sampling is required.