HomeMy WebLinkAbout24010_Yandle Witherspoon Decision Memo 202311011
Yandle-Witherspoon/24010-20-060/20231101
DECISION MEMORANDUM
DATE: November 1, 2023
FROM: Bill Schmithorst
TO: BF Assessment File
RE: Yandle Witherspoon
1001, 1019, 1021 and 1101 North Brevard Street; 314 Belmont Ave.
Charlotte, Mecklenburg County
BF # 24010-20-060
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, industrial,
office, retail, restaurant, brewery or food production facility, recreation, institutional,
entertainment, hotel, open space, parking, and with DEQ’s prior written approval, other
commercial uses, can be made suitable for such uses.
Introduction:
The Brownfields Property consists of approximately 3.34 acres located at
1001/1019/1101 North Brevard Street and 314 Belmont Avenue in Charlotte,
Mecklenburg County, North Carolina and located on five contiguous parcels (parcel
identification numbers 08104102, 08104103, 08104105, 08104201, and 08104203), the
alleyway between parcels 08104203 and 08104102, and land located between the
Seaboard Coastline railroad and parcel 08104102 (no street address or parcel ID number
available). The Prospective Developer is WP Yandle, LLC. The Brownfields Property is
currently vacant.
The Brownfields Property Application was amended on March 23, 2021 and the
following information provides clarification on the changes made to the original
Brownfields Property Application.
Parcel 08104201 (1101 N. Brevard Street, Charlotte, NC 28206): This parcel is
subject to the Highland Park Mill Brownfields Agreement (NCBP# 20005-16-
060). The new Brownfields Agreement will supersede the Highland Park Mill
Brownfields Agreement as to this parcel. PD’s affiliate, White Point Paces
Partners, L.P. (f/k/a White Point Paces Partners, LLC), owns this parcel.
Parcel 08104105 (no address available): This is a small, square parcel (0.2 acres)
behind the Yandle-Witherspoon building located on parcel 08104102. The
ownership records for this parcel are unclear, but PD recently acquired the parcel
by quitclaim deed from Mr. Yandle and Mr. Witherspoon (former owners of
parcel 08104102).
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PD acquired the parcels located to west of existing building on parcel 08104102
(no addresses available) in February 2021.
Alleyway: PD is pursuing an abandonment of the alleyway located between
parcels 08104102/08104103 and parcels 08104203/08104201 from the City of
Charlotte. Note that parcel 08104203 did not exist at the time of the February 18,
2020 Brownfields Property Application. At the time of application, that parcel
was part of parcel 08104202. Parcel 08104203 was subdivided out of parcel
08104202. The current parcel 08104202 is not proposed to be included in the
subject Brownfields project.
The PD proposes that the new Brownfields agreement supersede the Highland Park Mill
Brownfields Agreement as to parcels 08104201, 08104103, and 08104203. These parcels
will be incorporated into the new development.
Redevelopment Plans:
The PD is planning to develop a high density multifamily residential apartment complex,
commercial/retail/office building, and an above ground open‐air parking deck.
Site History:
Parcel 08104102 was developed with multiple residences from at least 1911 until they
were demolished in the late 1960s. From at least 1929 to the 1980s, a railroad spur that
provided access to the neighboring Highland Park Mill traversed the Brownfields
Property. By the early 1950s, the parcel was also developed with a commercial building
that contained a wholesale fruit distributor and a paint supplier. The parcel was developed
with the current building in the mid-1970s, and additions to the current building were
made in the early 1990s. Portions of the Brownfields Property along the northern and
northwestern border remained wooded until the development of the CA TS Blue Line
Extension (light rail). Parcel 08104103 and the portion of parcel 08104202 were
historically associated with the former Highland Park Mill and are subject to the
Highland Park Mill Brownfields Agreement (NCBP# 20005-16-060).
The site formerly operated a 2,000-gallon gasoline UST for on-site fueling operations.
During the removal of the UST in 1990, petroleum impacted soils were discovered.
Closure soil sample analytical results indicated that no compounds were detected at
concentrations above the DEQ UST Section Action Levels or Maximum Soil
Contaminant Concentrations (MSCCs). Based on closure soil sample results, NCDEQ
issued a No Further Action letter in October 2007 (Leaking UST Incident No. 36379).
In October 2011, during a railway expansion project, one 275-gallon UST was removed
from the CSX property. Closure soil samples collected after UST removal activities did
not identify VOCs, SVOCs, volatile petroleum hydrocarbons, or extractable petroleum
hydrocarbons at concentrations above the regulatory screening criteria (LUST Incident
No. 40001). The DEQ UST Section issued a NFA letter for the petroleum release incident
on December 21, 2011.
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The portion of the Brownfields Property located at 1101 North Brevard Street (Parcel
08104203; NCBP# 20005-16-060) was used as a church, a woodworking business, and,
from approximately 1959 until 1979, a dry cleaner (Gay Laundry and Cleaners). The
former dry cleaners was assessed and remediated while participating in the DEQ Dry-
Cleaning Solvent Cleanup Act (DSCA) program (Project ID No. DC600044). In
addition, a brownfields environmental assessment was also conducted on the property
under Brownfields Project No. 20005-16-060. The building is now used as office space.
The parcel has a groundwater land use restriction under a Notice of Dry-Cleaning Solvent
Remediation deed restriction filed on August 23, 2010. The former Brownfields
Agreement for this parcel will be superseded by the Yandle-Witherspoon agreement.
During 2018 redevelopment activities associated with the northern adjoining Highland
Park Mill Brownfields property and Norfolk Southern Intermodal Facility II Brownfields
property, excess soil generated during stormwater pipe and other utility installation
improvements was stockpiled in the northern portion of the Brownfields Property, behind
the former Gay Laundry Site building. Excess soil was stockpiled in accordance with the
Norfolk Southern Environmental Management Plan, which allowed the transfer of soils
between the Highland Park Mill and Norfolk Southern Brownfields properties. In
October 2018, composite soil samples (CS-05 and CS-06) were collected to characterize
the stockpile for disposal.
Potential offsite sources of groundwater and surface water contaminants include the
Consolidated Engravers facility. The Consolidated Engravers facility operated as a textile
mill from the late 1880s until at least the mid-1950s on the adjacent property located west
and upgradient of the Brownfields Property. The facility was entered into the DEQ
Inactive Hazardous Sites Branch (IHSB) following discovery of impacted groundwater
attributed to historical mill operations (IHSB ID No. NCD003162500). The property later
became the Alpha Mills Brownfields Property (NCBP# 07009-03-060).
Potential Receptors:
Potential receptors are: construction workers, on-site workers, and future residents.
Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil,
groundwater, exterior soil gas, sub-slab soil vapor, sediment, and surface water. 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).
Soil
Several SVOC compounds were detected above Residential PSRGs in shallow
soil.
Arsenic detected in soil above Residential PSRGs up to a concentration of 7.19
mg/kg.
Hexavalent chromium up to 2.04 mg/kg
Stockpiled soil was previously removed from the Brownfields Property.
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Groundwater
Several VOCs were detected in groundwater, including trichloroethylene (up to
31 μg/L) and Tetrachloroethylene (up to 24 ug/L). It is unknown if the source of
the VOCs is onsite or offsite.
PCE and TCE were also detected above NC Residential VISLs for groundwater.
Several metals were detected above NC 2L Groundwater Standards.
The environmental reports attribute the elevated metals concentrations to high
turbidity in the groundwater samples collected in 2001 and 2016. Dissolved
metals were not detected above 2L Standards in the most recent groundwater
samples collected at the Brownfields Property.
Surface Water
PCE was detected up to 15.5 μg/L
TCE was detected up to 4.8 μg/L
Other compounds detected with no established standard included
bromodichloromethane, cis-1,2-dichloroethene, and toluene.
The source of the VOCs is suspected to be offsite and upgradient of the
Brownfields Property.
Exterior Soil Gas
Laboratory results indicated that no VOCs were detected in soil vapor samples above
Residential VISLs.
Sub-Slab Vapor
Laboratory results indicated that no VOCs were detected in soil vapor samples above
Residential VISLs. TCE was detected up to µg/m3.
Indoor Air
No indoor air samples were collected. The site buildings were demolished.
Sediment
Arsenic and hexavalent chromium were detected in sediment above Residential PSRGs.
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 were
used for calculating risk. Results of the risk evaluation are presented in the following
table.
The risk calculations indicated the following based on available data, including the
following media: groundwater, soil, exterior soil gas, sub-slab vapor, and surface water.
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Risk for Individual Pathways Output Form 1A
Version Date: January 2023
Basis: November 2022 EPA RSL Table
Site ID: 24010-20-060
Exposure Unit ID: Site Wide Soil, GW, Soil Gas, and Surface Water
Receptor Pathway
Carcinogenic
Risk Hazard Index Risk exceeded?
Soil 1.8E-05 2.9E-01 NO
Groundwater Use* 3.0E-04 5.2E+00 YES
Soil 2.8E-06 2.1E-02 NO
Groundwater Use* 6.0E-05 9.5E-01 NO
Construction Worker Soil 9.8E-07 2.1E-01 NO
Soil 1.0E-05 1.6E-01 NO
Surface Water* 3.7E-06 3.0E-01 NO
Receptor Pathway
Carcinogenic
Risk Hazard Index Risk exceeded?
Groundwater to Indoor Air 5.9E-06 1.3E+00 YES
Soil Gas to Indoor Air 1.5E-06 1.4E-01 NO
Indoor Air NC NC NC
Groundwater to Indoor Air 1.0E-06 3.0E-01 NO
Soil Gas to Indoor Air 1.0E-07 1.1E-02 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
Based on the results of the risk evaluation, the Residential Hazard Index risk threshold
was exceeded for groundwater under a residential use scenario. The PD is installing a
passive vapor mitigation system. Pre-occupancy indoor air sampling and sub-slab
pressure monitoring will be required. Additional mitigation system monitoring
requirements will be included in the Vapor Intrusion Mitigation System Plan. An
Environmental Management Plan (EMP) will be required before the start of soil grading
or excavation activities 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 will be required prior to occupying the Brownfields Property. Depth to
groundwater is shallow across the property and may be encountered during construction.
Land Use Restrictions:
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.
PROPERTY MANAGEMENT ISSUES
Final grade sampling
Passive VIMS
Pre-occupancy sub-slab vapor and indoor air sampling
TCE was detected in groundwater and sub-slab soil vapor