23078_Progress Court_ DM 20221205

DECISION MEMORANDUM
DATE: 12/4/2023
FROM: Shristi R. Shrestha
TO: BF Assessment File
RE: West Brothers Transfer
2000, 2001, 2020 Progress Court; 2006, 2010, 2012, 2014, 2016, 2018,
2030, 2032, 2034, 2038, 2040 Wake Forest Road
1007 and 1017/1019/1021 E. Whitaker Mill Road
Raleigh, Wake County
Brownfields Project No. 23078-19-092
Based on the following information, it has been determined that the above referenced
site, whose intended use is for no uses other than office, retail, warehousing, high density
residential, restaurant, parking, and subject to prior DEQ written approval, other
commercial uses, can be made suitable for such uses.
Introduction:
The Prospective Developer (PD) is Progress Ct Owner, LLC, 4242 Six Forks Rd, Suite
820, Raleigh NC 27609. Its manager is Progress Ct JV, LLC, and its authorized
signatory is Gabriel Guillois.
The Brownfield Property is comprised of 17 parcels totaling 11.120 acres, and
summarized as follows:
Parcel Address
PIN
Acreage
Owner
Current Use
EEM Phase 2
2000 Progress Court
1714196735
1.40
Land LLC & SLI
Vacant
Capital LLC
2001 Progress Court
1714196409
2.18
EEM Phase 2
Commercial building
Land LLC
Progress Ct
Phase 1 Owner
Commercial building
2020 Progress Court
1714198573
2.27
LLC & SLI
Capital LLC
2006 Wake Forest
EEM Phase 2
Vacant / Former single
Rd
1714193363
0.62
Land LLC & SLI
family residential
Capital LLC
2010 Wake Forest
EEM Phase 2
Vacant / Former single
Rd
1714192379
0.15
Land LLC & SLI
family residential
Capital LLC
West Bros. Trasnfer/23078-19-092/20231204

Parcel Address
PIN
Acreage
Owner
Current Use
2012 Wake Forest
EEM Phase 2
Vacant /Former single
Rd
1714192453
0.60
Land LLC & SLI
family residential
Ca ital LLC
2014 Wake Forest
EEM Phase 2
Vacant/ Former single
Rd
1714192468
0.18
Land LLC & SLI
family residential
Capital LLC
2016 Wake Forest
EEM Phase 2
Vacant / Former single
Rd
1714192553
0.19
Land LLC & SLI
family residential
Capital LLC
2018 Wake Forest
EEM Phase 2
Rd
1714193587
0.11
Land LLC & SLI
Undeveloped
Capital LLC
2028 Wake Forest
EEM Phase 2
Rd
1714193767
0.67
Land LLC & SLI
Undeveloped
Capital LLC
2030 Wake Forest
EEM Phase 2
Vacant / Former Single
Rd
1714191797
0.23
Land LLC & SLI
family residential
Capital LLC
2032 Wake Forest
EEM Phase 2
Rd
1714194824
0.32
Land LLC & SLI
Undeveloped
Capital LLC
2034 Wake Forest
EEM Phase 2
Vacant / Former single
Rd
1714192865
0.44
Land LLC & SLI
family residential
Capital LLC
2038 Wake Forest
EEM Phase 2
Vacant /Former single
Rd
1714191970
0.58
Land LLC & SLI
family residential
Capital LLC
2040 Wake Forest
EEM Phase 2
Rd
1714190977
0.15
Land LLC & SLI
Undeveloped
Capital LLC
1007 East Whitaker
EEM Phase 2
Commercial/retail/office
Mill Rd
1714194255
0.40
Land LLC & SLI
/warehousing
Capital LLC
1017/1019/1021
Progress Ct
East Whitaker Mill
1714197266
0.65
Phase 1 Owner
Commercial/retail/office
Rd
LLC & SLI
/warehousing
Capital LLC
Redevelopment Plans:
The application consisted of two proposed phases of redevelopment: Phase I & II. Phase
I of the redevelopment started December 2020 that included construction of
approximately 65,000 square feet (sq ft) restaurant & retail space at 2020 Progress Court.
It also included repurposing an existing warehouse building for office space/restaurant
use and construction of a new 2,500 square foot building for retail use at 1017/1019/1021
East Whitaker Mill Road. Residential buildings and sub -grade building features were not
constructed for Phase I.
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Phase II redevelopment started in June 2021 and included the demolition of nine
residential and four commercial structures. Phase II will include the development of
office, retail, residential (apartments) and a parking structure on the remaining 16 parcels,
but construction work has not yet begun. There are no planned sub -grade building
features for the Phase II buildings.
Exterior soil gas assessment conducted at potential source areas (former or possible
USTs) and/or within proposed building footprints was conducted during the assessment
phase of this project.
Site History:
2000 Progress Court: This parcel was primarily undeveloped until 1980 when it was
developed into a warehouse structure.
2001 Progress Court: This parcel was previously undeveloped land prior to
development with its current warehouse structure in the mid-1980s.
2020 Progress Court: This parcel was primarily residential until it was developed with
the current warehouse structure in approximately 1980. It was formerly occupied by
West Brothers Transfer and Storage. The parcel also previously contained two 10,000-
gallon capacity diesel fuel underground storage tanks (USTs) associated with West
Brothers Transfer and Storage.
A release was discovered from the USTs when they were closed on July 8, 1996. The site
was assigned UST Incident Number 22588. In 2004, additional soil and groundwater
assessment was conducted at this location. Impacts were identified, but at levels low
enough to close the site using UST Section risk -based closure. The site was closed by the
UST Section when a Notice of Residual Petroleum/Land Use Restriction was recorded in
the Wake County Register of Deeds on October 29, 2004. Soil sample analysis performed
in October 2014 included four soil borings at the former location of the two USTs. The
soil samples were analyzed for total petroleum hydrocarbons (TPH) gasoline range
organics and diesel range organics (GRO and DRO). The laboratory analytical results
indicated the presence of TPH DRO in SB-1 and SB-4 (north and west of the former
tanks, respectively) at levels above the Action Limit of 10 milligrams per kilogram
(mg/kg) Groundwater occurs at a depth of about 40 feet in the vicinity of the former
USTs. The NORP will be superseded upon the recordation of the Notice of Brownfields
Property for this project.
All other parcels were either undeveloped or formerly residential use only.
West Bros. Trasnfer/23078-19-092/20231204

Potential Receptors:
Potential receptors are construction workers, on -site workers, future residents, visitors,
animals (dog park/farm animals), 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. 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: Hdeq.nc. gov/permits-rules/risk-based-remediation/risk-evaluation-resources.
For the purpose of looking at the site spatially two risk calculators were done. One for
sitewide and a second one for western parcels where residential buildings are proposed.
The risk calculations indicated the following based on available data, including the
following media: groundwater, soil, exterior soil gas and sub -slab vapor.
Risk for Individual Pathways
Version Date: January 2023
Basis: November 2022 EPA RSL Table
Site ID: 23078-19-092
Exposure Unit ID: Sitewide (Soil, Soil as)
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
Pathway
Carcinogenic
Hazard Index
Risk exceeded?
Resident
Soil
8.1E-06
3.0E-01
NO
Groundwater Use*
5.9E-06
1.0E+01
YES
Non -Residential Worker
Soil
1.5E-06
2.4E-02
NO
Groundwater Use*
1.2E-06
2.4E+00
YES
Construction Worker
Soil
3.9E-07
1.6E-01
NO
Recreator/Trespasser
Soil
4.5E-06
1.6E-01
NO
Surface Water*
NC
NC
NC
VAPOR INTRUSION CALCULATORS
Receptor
Pathway
Carciinnogenic
sk
Hazard Index
Riskexceeded?
Resident
Groundwater to Indoor Air
4.3E-07
4.0E+02
YES
Soil Gas to Indoor Air
8.2E-06
2.4E-01
NO
Indoor Air
NC
NC
NC
Non -Residential Worker
Groundwater to Indoor Air
9.9E-08
9.6E+01
YES
Soil Gas to Indoor Air
6.2E-07
1.9E-02
NO
Indoor Air
NC
NC
NC
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Risk for Individual Pathways O
Version Date: July 2023
Basis: May 2023 EPA RSL Table
Site ID: Western parcels
Exposure Unit ID: 23078-19-092
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
Pathway
Carciinnogenic
sk
Hazard Index
Risk exceeded?
Resident
Soil
4.1E-06
2.3E-01
NO
Groundwater Use*
NC
NC
NC
Non -Residential Worker
Soil
9.2E-07
1.8E-02
NO
Groundwater Use*
NC
NC
NC
Construction Worker
Soil
1.6E-07
1.0E-01
NO
Recreator/Trespasser
Soil
2.3E-06
1.3E-01
NO
Surface Water*
NC
NC
NC
VAPOR INTRUSION CALCULATORS hM
Receptor
Pathway
Carcinogenic
sk
Hazard Index
Risk exceeded?
Resident
Groundwater to Indoor Air
NC
NC
NC
Soil Gas to Indoor Air
9.0E-06
2.2E-01
NO
Indoor Air
NC
NC
NC
Non -Residential Worker
Groundwater to Indoor Air
0.0E+00
0.0E+00
NO
Soil Gas to Indoor Air
6.9E-07
1.8E-02
NO
Indoor Air
NC
NC
NC
Based on the risk calculator outputs above there were no exceedances of acceptable
carcinogenic risk ranges for residential and non-residential exposure pathways. There
were no exceedances of the threshold non -cancer hazard index (HI) of 1.0 except for
direct groundwater use for residential and non-residential exposure pathways. This is
based on the groundwater results from well MW-1 located in the northeastern area of the
Brownfields Property. However, since groundwater at the site is at a depth of at least
44.5 feet below ground surface and will not be used as a water supply, this does not pose
significant risk to site occupants. The calculated soil gas to indoor air vapor intrusion HI
for residential exposure pathways is 0.22, which is within a range for which we
recommend, though not require, a VIMS.
Soil
The calculated risk drivers for soil in the risk calculator for the south & southeastern
parcels are due to the presence of total petroleum hydrocarbons (TPH); the reason why
the UST Section filed a NORP for this part of the Brownfields Property. Since the soil at
the site will not be used for construction and fill soil will be imported, this does not pose
an exposure risk for site occupants. There is an existing NORP placed on the parcel
addressed as 2020 Progress Ct, the details of which are listed above. Based on
communication with the UST Section, this NORP will be superseded upon the
recordation of the NBP.
Groundwater
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The compounds that were detected above their respective NC2L Groundwater Standard
were bis (2-ethylexyl) phthalate and TPH compounds. These were present in the only site
groundwater well, MW-1, which is located on the eastern parcel that was installed in
association with the UST investigation for UST Incident No. 22588. The calculated
hazard index (HI) for the risk calculator for the eastern parcel is also due to the presence
of these compounds.
Surface Water
Surface water is not located on nor borders the Brownfields Property.
Exterior Soil Gas
Chloroform & naphthalene were detected above their respective Residential Vapor
Intrusion Screening Levels (VISL). Cyclohexane, 1,3 dichlorobenzene, 1,2 dichloro-
1,1,2,2-tetrafluoroethane, ethanol, 4-ethyltoluene, and trichlorofluoromethane were
detected; however, these compounds do not have an established residential VISL. The
main risk driver for the exterior soil gas to indoor air was the presence of
tetrachloroethylene (PCE) and xylenes in the exterior soil gas samples in the western
portion of the Brownfields Property, though these compounds were not found in excess
of their respective Residential VISLs. Trichloroethylene (TCE) was also present at a
concentration of 0.49 µg/m3.
Sub -Slab Vapor
The threshold HI of 1.0 for residential soil gas to indoor air was not exceeded; however,
the HI is within the range for which we recommend a VIMS. Chloroform was detected
above its Residential VISL. 1,3 dichlorobenzene, 1,2 dichlorotetrafluroethane, 1,2
dichloro- 1, 1,2,2-tetrafluoroethane, ethanol, 4-ethyltoluene, and trichlorofluoromethane
were also detected; however, these compounds do not have an established VISL. The
main risk driver for the sub -slab vapor samples collected in the eastern portion of the
Brownfields Property are PCE , xylenes, and 1,2,4-trimethylbenzene. TCE was also
present at a concentration of 0.6 µg/m3.
Indoor Air
Indoor air samples were not collected at the Brownfields Property based on the sub -slab
vapor results or because the existing buildings had been demolished prior to assessment.
Land Use Restrictions:
The Brownfields Agreement for the Brownfields Property includes the standard land use
restrictions including the approved land uses; 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 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 ISSUES
The Phase I of the redevelopment activities to date included refurbishing of an existing
warehouse on the Brownfields Property and construction of a new 25,000 square foot
building on the southeastern corner of the Brownfields Property, limited building
demolition and limited earthwork on the western parcels. This work was completed under
a DEQ-approved Environmental Management Plan that was signed on November 2,
2020.
Phase II of the redevelopment started on June 2021 and included only the demolition of
existing buildings and the receipt of imported soil. The construction of multiple office
and residential buildings with ground floor retail and shared parking structures has yet to
commence. All this work is covered under a DEQ-approved EMP that was signed on
March 18, 2022.
Based on the risk calculator output above, the presence of TCE in exterior soil gas
samples, and the lack of sub -slab data in the western parcels that are slated for residential
development, a VIMS is recommended for buildings that include residential uses at the
Brownfields Property, but is not required. When residential buildings are constructed,
there should be a plan to conduct standard pre -occupancy sampling to confirm that VI
risk is below unacceptable levels.
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