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Home My WebLink About25063_Simpsons Texaco Decision Memo_202211081 Simpsons Texaco/25063-21-060/20231108 DECISION MEMORANDUM DATE: November 8, 2023 FROM: Bill Schmithorst TO: BF Assessment File RE: Simpsons Texaco 4015 South Boulevard Charlotte, Mecklenburg County BF # 25063-21-060 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, 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 Scaleybark CLT, LLC, with an office located at 7600 Broadway, Suite 3000, San Antonio, Texas 78209. The Brownfields Property consists of one parcel (Mecklenburg County Parcel Identification No. 14906123). The Brownfields Property totals approximately 4.045 acres and is located near the LYNX Blue Line light rail corridor. The property is currently being redeveloped. Redevelopment Plans: The intended redevelopment for the Brownfields Property is for a high-density residential apartment complex with ground level retail and commercial amenities including surface parking and a multi-level parking garage. The new development will include a soil vapor mitigation system. Site History: The Brownfields Property remained undeveloped and used for agricultural purposes until the mid-1960s when the northern and eastern portions of the property were developed with the recently demolished gas station (4001 South Blvd.), restaurant (4009 South Blvd.), auto repair shop (200 Scaleybark Rd.), and commercial retail/office building (201 Scaleybark Rd.). The southern parcel (124 Scaleybark Rd.) was developed in the 1980s as a self-storage facility. The northern portion of the Brownfields Property, 4001 South Blvd. (former PIN 14906111), was occupied continuously by a gasoline fueling station from at least the 1960s to the 2010s. Soil impacts were detected at the property in May 2000 (Incident No. 21927) and in June 2000. In March of 2014, DEQ issued a No Further Action letter and a NORP was recorded on the property on July 21, 2014, which restricted residential uses; however, abatement action and UST removal was conducted in June 2018, and post- 2 Simpsons Texaco/25063-21-060/20231108 excavation sampling indicated soil impacts were below the Residential and Industrial/Commercial MSCCs. DEQ’s UST Section approved revision of the NORP to allow for residential re-use, and the revised NORP was recorded on March 29, 2022. A second release (Incident No. 23918) was identified during UST closure activities at the Brownfields Property in January 2002. However, based on the results of sampling activities, the incident was granted closure through issuance of a No Further Action letter dated January 25, 2002. The portion of the Brownfields Property at 200 Scaleybark Rd. (former PIN 14906122), operated as Simpson’s Texaco Service Station in the 1960s and ‘70s, and most recently as an automotive repair shop from the 2000s to 2022. Former PIN 14906111 (4001 South Blvd.) was the subject of a Notice of Residual Petroleum (NORP) recorded on the property on July 21, 2014, which includes restrictions that limit the parcel’s use to Industrial/Commercial uses and prohibits groundwater use for water supply. Following abatement action in 2018 and post-excavation soil samples indicating impacts were below Residential and Industrial/Commercial MSCCs, DEQ UST Section approved revision of the 2014 NORP to allow for residential uses. The revised NORP was recorded on March 29, 2022, in the Mecklenburg County land records at Book 37198, Page 717. The Mitchell’s Formal Wear Brownfields Property (BF# 09013-05-060) is located to the north of the Brownfields Property. Potential Receptors: Potential receptors are: construction workers, on-site workers, future residents, visitors, and trespassers. A Brownfields Receptor Survey was submitted on February 1, 2022. No groundwater supply wells were identified within 1,500 feet of the Brownfields Property. Contaminated Media: DEQ has evaluated data collected from the following media at the subject property: soil, groundwater, 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). Soil  Arsenic exceeded Residential PSRGs in shallow soil samples; however, detections were within background concentrations  Hexavalent chromium was detected in one soil sample above Residential PSRGs.  Benzo(a)pyrene was detected in one shallow sample above Residential PSRGs. Groundwater 3 Simpsons Texaco/25063-21-060/20231108  The following VOC contaminants were detected at high concentrations and are considered risk drivers: benzene, ethylbenzene, toluene, xylenes, naphthalene and methyl tert-butyl ether.  VOC contaminants also exceeded NC DEQ Ground to Indoor Air Vapor Intrusion Screening Levels (VISLs).  Groundwater contaminants are suspected to have primarily originated from onsite sources, including former underground storage tanks.  Depth to groundwater ranged from approximately 12 to 21 feet. Surface Water Surface water is not present at the site. Exterior Soil Gas  Benzene and naphthalene exceeded Residential VISLs.  Trichloroethylene was detected below Residential VISLs in one sample at a concentration of 1.96 J µg/m3. Sub-Slab Vapor  Sub-slab vapor samples were not collected. The existing buildings have been demolished and a passive vapor mitigation system that can be made active is proposed for the new building. Indoor Air  Indoor air samples were not collected. Existing buildings were demolished. Risk Calculations: Risk calculations were performed using the DEQ Risk Calculator (January 2022) https://deq.nc.gov/permits-rules/risk-based-remediation/risk-evaluation-resources. To conservatively evaluate site risk, the highest site wide concentrations for each compound detected was used for each environmental media. The risk calculations indicated the following based on available data, including the following media: groundwater, soil, and exterior soil gas. 4 Simpsons Texaco/25063-21-060/20231108 Risk for Individual Pathways Output Form 1A Version Date: January 2022 Basis: November 2021 EPA RSL Table Site ID: 25063-21-060 Exposure Unit ID: Site Wide Soil, Soil Gas, and Groundwater Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Soil 5.1E-05 1.2E+00 YES Groundwater Use* 5.8E-02 1.0E+03 YES Soil 9.2E-06 2.4E-01 NO Groundwater Use* 1.4E-02 2.3E+02 YES Construction Worker Soil 2.4E-06 6.2E-01 NO Soil 1.8E-05 2.0E-01 NO Surface Water* NC NC NC Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Groundwater to Indoor Air 1.4E-02 2.3E+02 YES Soil Gas to Indoor Air 1.2E-04 1.7E+00 YES Indoor Air NC NC NC Groundwater to Indoor Air 3.1E-03 5.5E+01 YES Soil Gas to Indoor Air 9.2E-06 1.3E-01 NO Indoor Air NC NC NC VAPOR INTRUSION CALCULATORS Resident Non-Residential Worker DIRECT CONTACT SOIL AND WATER CALCULATORS Resident Non-Residential Worker Recreator/Trespasser Due to high concentrations of contaminants detected in groundwater, the Risk Hazard Index and Carcinogenic Risk residential were exceeded for groundwater use and groundwater to indoor air vapor intrusion under a residential use scenario. In addition, a Hazard Index of 1.0 was exceeded for the soil gas to indoor air pathway, and for the soil Resident Receptor pathway. Elevated concentrations of petroleum-related compounds detected in groundwater will require a land use restriction prohibiting the use of groundwater; however, municipal water is available at the Brownfields Property, further minimizing the potential risks. An Environmental Management Plan (EMP), approved by DEQ, was prepared before the start of soil grading and 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. A passive vapor intrusion mitigation system is being installed by the PD. The system can be made active, if necessary. Land Use Restrictions: The standard land use restrictions including land use, Environmental Management Plan and reporting requirements, prohibition on groundwater use, soil restrictions, the need for 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. 5 Simpsons Texaco/25063-21-060/20231108 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  Environmental Management Plan  A passive vapor intrusion mitigation system is being installed.  Final grade soil sampling required.  Soil management  Trichloroethylene was detected in exterior soil gas at a low concentration.