11031_CRS Facility Dec MEMO 20090601

Former CRS Facility Decision of Memorandum Page 1 of 5
June 2009

DECISION MEMORANDUM
FROM: Carolyn Minnich
TO: BF Assessment File

SUBJECT: Former CRS Facility 1224 Isley Drive Gastonia, Gaston County
Brownfields Project Number 11031-07-36
STATUS: Reviewed with BIN 2/29/08, draft memo approved to proceed to draft
brownfields agreement. 9/30/08 discussed the risk assessment with will
Service. Agreed site is safe for redevelopment with LURs listed below.
Public Comment 6/2/2009-7/2/2009
NOTE: The PD changed the company name and Gastonia Investments V, LLC is
now Gastonia CRS Investments, LLC. I instructed Dave F to submit a revised affidavit
and need by the PD explaining the name change only. The company structure did not
change. The revised affidavit arrived on March 25, 2008.
Based on the following information, it has been determined that the above
referenced site, whose intended use is restricted use as commercial, office, and industrial
(light and heavy), can be made suitable for such uses.

Contaminated Media: Soil and groundwater are contaminated above unrestricted use levels (IHWS soil RGs
and NC 2L GW Stds) with metals, and volatile organics. The potential for indoor air
impacts was analyzed also.

Potential Receptors: Workers (office/construction/outdoor/indoor), trespassers

Analytical Data
a. Groundwater contaminants (in micrograms per liter, the equivalent of parts per billion), the standards for which are in Title 15A of the North Carolina
Administrative Code, Subchapter 2L, Rule .0202 except where noted:
Groundwater
Contaminant
Sample
Location
Date of Max.
Concentration
Sampling
Maximum Concentration
above Std.
(µg/L)
Date of
Recent
Concentration Sampling
Recent Concentration
(µg/L)
Standard
(µg/L)
Total Lead MW-2 11/24/2004 34.8 12/11/2007 <5.0 15
Total Lead MW-3 11/24/2004 16.4 12/11/2007 <5.0 15
Manganese MW-2 12/11/2007 250 12/11/2007 250 50
Former CRS Facility Decision of Memorandum Page 2 of 5

b. Soil contaminants (in milligrams per kilogram, the equivalent of parts per million),
the standards for which are derived using the Guidelines of the Inactive Hazardous
Sites Branch of DENR’s Superfund Section:
Soil
Contaminant
Sample
Location Depth
Date of Max.
Concentration
Sampling
Maximum
Concentration above Std. (mg/kg)
Standard
(mg/kg)
Polychlorinated Biphenyls (PCB) BF-MID-4 4 ft.* 5/31/02 5.2 1
TPH-DRO TF-V26-0519 4 ft. 5/19/04 200 40**
TPH-DRO Sump
Bottom
4 ft. 11/9/04 11,000 40**
Arsenic Sump
Bottom
5 ft. 11/9/04 7.6 4.4
Total chromium Sump
Bottom
5 ft. 11/9/04 71.3 46
*=estimate
** from Guidelines of DENR’s UST Section for Non-UST Petroleum Releases
Confirmation samples were collected after soil excavation. Verification sampling around
the building foundation area yielded a few samples that were above the state criteria for
gasoline range organics and diesel range organics. These contaminates are not addressed
or covered by the brownfields agreement.
c. Soil-gas: On November 30, 2007 three soil-gas samples were collected on the property
in the source areas. The analytical results were below the EPA Draft Guidance for
Evaluation the Vapor Intrusion to Indoor Air Pathway form Groundwater and Soils
(Subsurface Vapor Intrusion Guidance) November 2002. EPA Table 2B Look-up values
were used for screening levels, which are based upon a lifetime incremental cancer risk of 10-5 and hazard quotient of 1. None of the contaminants were above the screening
levels.
In September 2008, we compared the soil vapor concentration results to the 2008
EPA regional screening tables, industrial air supporting table
(http://www.epa.gov/reg3hwmd/risk/human/rb-concentration_table/Generic_Tables/pdf/indair_sl_table_run_12SEP2008.pdf).

These are screening concentrations for indoor air exposure in industrial/commercial
buildings. The screening level is 31 ug/m3 for 1,2,4-trimethylbenzene (hazard index =
1.0), and is 1.6 ug/m3 for benzene (1E-6 carcinogenic target risk). If we apply a relatively conservative attenuation factor of 0.1 to the sub slab results, we get screening
concentrations that are below the industrial air screening levels for benzene and 1,2,4-
trimethylbenzene:

Benzene sub-lab soil concentrations = 7.0 to 9.3 ug/m3
Former CRS Facility Decision of Memorandum Page 3 of 5
Attenuated indoor benzene concentrations (0.1 attenuation factor) = 0.70 to 0.93 ug/m3 Benzene
carcinogenic target risk 1E-6 (Regional Screening Tables)= 1.6 ug/m3
1,2,4-trimethylbenzene sub-lab soil concentrations = 5.1 to 8.6 ug/m3
Attenuated indoor 1,2,4-trimethylbenzene concentrations (0.1 attenuation factor)=0.51 to 0.86 ug/m3
1,2,4-trimethylbenzene screening level (non-cancer hazard index = 1.0) = 31 ug/m3
Contaminant levels that might result from vapor intrusion do not present a
significant risk to human health. The warehouse building has 36 exterior truck bay doors.
There are no forced air units in the warehouse building. Currently, there is no HVAC in the building, it will be added once on the space is rented. Therefore, office space ventilation will be designed and installed to current standards.

Land Use Restrictions:

a. No use may be made of the Property other than for industrial, storage
and/or office purposes, and/or, if DENR determines in writing in advance that the Property is suitable for such use while fully protecting public health and the environment,
any other commercial purpose, all as limited by the other Land Use Restrictions below.
Within the meaning of this Land Use Restriction, the following definitions apply:
i. “Industrial” refers to:
A. the assembly, fabrication, processing, storage, transportation and/or distribution of goods and materials using processes that may have
greater than average (though legal) impacts on the environment, and may have significant
(though legal) impacts on the use and enjoyment of adjacent property that relate to noise,
smoke, fumes, odors, glare, or health and safety hazards; or
B. any assembly, fabrication or processing of goods and materials where the area occupied by outdoor storage of goods and material used in the
assembly, fabrication or processing exceeds 25 percent of the floor area of all buildings
on the Property.
ii. “Office” refers to the rendering of business or professional
services. iii. “Commercial” refers to an enterprise carried on for profit by
the owner, lessee or licensee.
b. No activities that encounter, expose, remove or use surface water or
groundwater (for example, installation of water supply wells, fountains, ponds, lakes or
swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Property without prior water sampling and analysis to the
written satisfaction of DENR in any areas proposed for such activities, and submittal of
the analytical results to DENR. If such results disclose to DENR contamination that
DENR determines may make the Property unsuitable for the uses specified in
subparagraph 16.a. above, the proposed activities may not occur without the prior written approval of DENR, including at a minimum compliance with plans and procedures,
approved pursuant to applicable law, to protect public health and the environment during
the proposed activities.
Former CRS Facility Decision of Memorandum Page 4 of 5
c. The owner(s) of the portion of the Property denominated
“Contaminated Soil” on the plat component of the Notice referenced in paragraph 21
below shall be responsible for maintaining to DENR’s reasonable satisfaction the asphalt
or concrete over that portion. Soil in said portion may not be disturbed without prior soil sampling and analysis to the written satisfaction of DENR. If said sampling discloses
contamination that DENR determines renders the Property unsuitable for the uses
specified in subparagraph 16.a. above, the soil may not be disturbed without the prior
written approval of DENR on such conditions as DENR imposes, including at a
minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the soil-disturbing activities.
d. No mining may be conducted on or under the Property, including,
without limitation, extraction of coal, oil, gas or any other minerals or non-mineral
substances.
e. No basements may be constructed on the Property unless they are, as determined in writing by DENR, vented in conformance with applicable building codes.
f. None of the contaminants known to be present in the environmental
media at the Property, including those listed in paragraph 8 of this Agreement, may be
used or stored at the Property without the prior written approval of DENR, except in de minimis amounts for cleaning, maintenance and other routine housekeeping activities, and as constituents of fuel for vehicles, equipment or backup generators used to support
operations at the Property.
g. The Property may not be used as a park or for sports of any kind,
including, but not limited to, golf, football, soccer and baseball, without the prior written
approval of DENR.
h. The Property may not be used for agriculture, grazing, timbering or
timber production.
i. The Property may not be used as a playground, or for child care centers
or schools without the prior written approval of DENR.
j. The Property may not be used for kennels, private animal pens or horse-riding.
k. The owner of any portion of the Property where any existing or later
DENR-approved monitoring well is damaged shall be responsible for repair of any such
wells to DENR’s written satisfaction and within a time period acceptable to DENR.
l. No party conducting environmental assessment or remediation at the Property at the direction of, or pursuant to a permit or order issued by, DENR may be
denied access to the Property for purposes of conducting such assessment or remediation,
which is to be conducted using reasonable efforts to minimize interference with
authorized uses of the Property.
Former CRS Facility Decision of Memorandum Page 5 of 5
m. During January of each year after the year in which the Notice
referenced below in paragraph 21 is recorded, the owner on December 1st of the prior
year of any part of the Property shall submit a notarized Land Use Restrictions Update
(“LURU”) to DENR certifying that the Notice of Brownfields Property containing these Land Use Restrictions remains recorded at the Mecklenburg County Register of Deeds
office, that the Land Use Restrictions are being complied with and, in the case of the
owner of the portion of the Property denominated “Contaminated Soil” on the plat
component of the Notice of Brownfields Property, that the asphalt or concrete over that
portion is being maintained in good condition, and stating:
i. the name, mailing address, telephone and facsimile numbers,
and contact person’s e-mail address of the owner submitting the LURU if said owner
acquired any part of the Property during the previous calendar year; and
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the Property during the previous calendar year.