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Home My WebLink About26004 Dilworth Auto II Decision Memorandum 202311011 Dilworth Auto II/26004-22-060/20231101 DECISION MEMORANDUM DATE: November 1, 2023 FROM: Bill Schmithorst TO: BF Assessment File RE: Dilworth Auto II 1720 and 1728 South Boulevard; 101, 105 and 115 East Boulevard Charlotte, Mecklenburg County BF# 26004-22-060 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, parking, retail, warehousing, entertainment, hotel, restaurant, brewery and food production facility, distillery, open space, recreational, institutional, and with prior written DEQ approval, other commercial uses, can be made suitable for such uses. Introduction: The Prospective Developer is East South Crossing Owner, LLC a limited liability company headquartered at 465 Meeting Street, Suite 500, Charleston, SC 29403 . The Brownfields Property consists of one parcel (12306401) totaling approximately 1.23 acres. The Brownfields Property was developed with a pharmacy/convenience store, which was demolished in early 2022. Redevelopment Plans: Planned redevelopment of the Brownfields Property includes construction of a commercial office building. Site History: The Brownfields Property was developed with at least two single-family residences and auxiliary structures around the early 1900s. By the 1940s, a potential dry-cleaning facility (Wright Cleaning Company) was in the western portion of the Brownfields Property. In addition, a gas station, convenience store, and tire shop operated on the property. Around 1953, an upholstery and shipping warehouse was located on the Brownfields Property. Automotive service stations including Myers Automobile Service and Automobile Service Company Inc. operated from at least 1931 to 1949 on the property, and Dilworth Launderette/ Dilworth Washerette was located there from at least 1953 to 1959. The southern property building was occupied by health clubs and media companies from the 1970s until recently. A pharmacy most recently operated on the Brownfields Property. Soil impacts from petroleum compounds were identified in connection with the removal of ten underground storage tanks from the corner of South Boulevard and East Boulevard 2 Dilworth Auto II/26004-22-060/20231101 in March 1999 (Myers Automotive Service/ Eckerd's Construction Site; UST Incident Numbers 20235 and 27567). The DEQ issued a Notice of No Further Action for Incident Numbers 20235 and 27567 on July 7 and September 16, 1999, respectively. The Okey Hosiery (BF#22069-18-060) Brownfields Property is located adjacent to the northwestern property boundary. No significant groundwater contaminants were identified at the Okey property. In addition, the Dilworth Automotive Service Brownfields Property (BF#24051-20-060) is located adjacent to the northern property boundary. Brownfields Environmental Assessment Activities In November 2020, H&H performed soil, groundwater, exterior soil gas sampling and methane screening activities at the Brownfields Property and the adjacent Dilworth Automotive Service Brownfields Property (BF#24051-20-060) to evaluate potential areas of environmental concern associated with historical on-site operations. Laboratory analytical results from the Brownfields Property indicated the presence of volatile organic compounds (VOCs) in soil and groundwater that exceeded DEQ Residential Preliminary Soil Remediation Goals (PSRGs) and the 2L groundwater standards. Exterior soil gas sampling results indicated that several VOCs exceeded DEQ Division of Waste Management Residential and Non-Residential Vapor Intrusion Screening Levels (VISLs). Results of methane gas screening activities indicated that methane is not present above the NC Brownfields residential threshold. The groundwater flow direction is estimated to be towards the northwest. During the 2020 assessment, ground penetrating radar (GPR) was used to survey areas of known or suspected current/former USTs at the Brownfields Property. The results of the GPR survey indicated the presence of at least one UST (GPR data was inconclusive) in the vicinity of the former auto repair shop at 1728 South Boulevard. Additional environmental assessment activities were conducted in August 2021 in accordance with a DEQ-approved work plan. Environmental media sampled included soil and exterior soil gas. Laboratory analytical results indicated that no VOCs and semi- volatile organic compounds (SVOCs) exceeded Residential and Non-Residential PSRGs. In addition, laboratory results indicated that VOCs did not exceed Non-Residential VISLs. Trichloroethylene was not detected in the exterior soil gas samples. In April 2022, four sub-slab vapor samples were collected from the former drug store building and analyzed by a laboratory for VOCs. Laboratory results indicated that no VOCs exceeded DEQ Residential and Non-Residential VISLs. In addition, trichloroethylene was not detected. Potential Receptors: Potential receptors are: construction workers, on-site workers, and visitors. 3 Dilworth Auto II/26004-22-060/20231101 A Brownfields Receptor Survey was completed on August 2, 2021. No water supply wells were identified within 1,500 feet of the Brownfields Property. Surrounding properties are served by municipal water. Contaminated Media: DEQ has evaluated data collected from the following media at the subject property: soil, 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. A summary of data exceeding screening levels is found in Exhibit 2 of the Notice of Brownfields Property. Soil The following compounds were detected in groundwater above NC 2L Groundwater Quality Standards.  Arsenic and hexavalent chromium were detected in soil. The concentrations detected were comparable to regional background concentrations.  Lead was detected in one soil sample, SB-6, above Residential PSRGs.  Naphthalene was detected in one soil sample, SB-19/Dup-1 above Non- Residential PSRGs.  1,2,4-Trimethylbenzene and benzene were detected above Residential PSRGs in sample SB-19/DUP-1 Groundwater The following compounds were detected in groundwater above NC 2L Groundwater Quality Standards.  Benzene and Tetrachloroethylene Benzene also exceeded the Non-Residential Groundwater VISL. Surface Water No surface water is present at the property. Exterior Soil Gas The following compounds were detected in exterior soil gas samples at concentrations above NC DEQ VISLs.  Benzene and hexane exceeded Residential VISLs, but did not exceed Non- Residential VISLs. Sub-Slab Vapor No compounds exceeded Residential or Non-Residential VISLs. Indoor Air 4 Dilworth Auto II/26004-22-060/20231101 No indoor air samples were collected. Existing buildings will be demolished prior to site development. Risk Calculations Risk calculations were performed using the January 2022 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. Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Soil 2.2E-05 8.6E-01 NO Groundwater Use* 2.2E-05 3.7E-01 NO Soil 4.6E-06 1.6E-01 NO Groundwater Use* 5.0E-06 7.1E-02 NO Construction Worker Soil 9.8E-07 3.3E-01 NO Soil 4.7E-06 1.9E-01 NO Surface Water* NC NC NC Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Groundwater to Indoor Air 4.9E-06 5.7E-02 NO Soil Gas to Indoor Air 1.6E-05 2.2E+00 YES Indoor Air NC NC NC Groundwater to Indoor Air 1.1E-06 1.3E-02 NO Soil Gas to Indoor Air 1.2E-06 1.7E-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 Based on the results of the risk evaluation, the Residential Hazard Index risk threshold was exceeded for soil gas under a residential use scenario; however, commercial development is currently planned for the property. Elevated concentrations of petroleum- related compounds 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. Pre-occupancy sub-slab vapor sampling will be required, as noted in the vapor intrusion mitigation plan. The PD has elected to pro-actively install a passive vapor intrusion mitigation system with the new development. Required Land Use Restrictions: 5 Dilworth Auto II/26004-22-060/20231101 The standard land use restrictions including land use, Environmental Management Plan and reporting requirements, prohibition on groundwater use, soil restrictions, vapor intrusion mitigation, 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. 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  Trichloroethylene was not detected  Final grade soil sampling required