19054_ HD Supply Dec Memo 20170819

DECISION MEMORANDUM
DATE: August 19, 2017
FROM: Carolyn Minnich

TO: BF Assessment File

RE: HD Supply Property 1414 & 1422 S Tryon Street
Charlotte, Mecklenburg County
BF # 19054-15-060

Based on the following information, it has been determined that the above referenced site, whose intended use office, retail, multi-family residential, and with prior written DEQ approval, other commercial uses, is or can be
made suitable for the intended reuses.

Introduction:
The Brownfields Property is one parcels approximately 3.502 acres and located in an industrial area. The specific address is 1414 and 1422 South Tryon Street (PIN 07309204).
Redevelopment Plans:
Redevelopment on the Brownfields Property will be two commercial office building, parking garage,
and limited residential apartments. See figure for layout.
Site History:
1414 S. Tryon Street, Parcel 07309216, was originally developed with former residences constructed as
early as 1911. The residences were removed in stages between approximately 1957 and 1983.
In 1946, a multi-use building was constructed on the southeastern portion of the Brownfields Property, and was utilized as a laundry and drycleaner until approximately 1969. The laundry and dry-cleaning operations from the mid to late 1940s through the late 1960s or early 1970s. The building was later used as a
furniture showroom, offices and warehouse storage. The building is currently used for office space by Anixter,
Inc. (formerly HD Supply), the RBA Group and Vrettos Pappas Consulting Engineers. The impacted soils
remain under this building and based on future designs will be under the commercial building. In 1984, a warehouse building was constructed on the western portion of the Brownfields Property. It is
currently used by Anixter (formerly HD Supply since construction). A parking lot is located in the southern
portion of the Brownfields Property. They are to vacate the Property by end of July 2017.
An underground storage tank (UST) was formerly located near the western corner of the multi-use building, likely used to store heating oil. In the early 1980s, the UST reportedly was pumped out, removed, and
the excavation filled with concrete. Reportedly, no stained soils were encountered during the excavation.
While locating utilities as part of the Brownfields assessment activities, H&H encountered an underground
structure in the southwestern portion of the multi-use building. It is not clear whether structure is a UST, but may have been related to past laundry and/or dry-cleaning activities.
Potential Receptors:
Potential receptors are construction workers, on-site workers, residents, visitors, and trespassers.
Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil, groundwater,
and vapor. DEQ relies on the following data to base its conclusions regarding the subject property and its
suitability for its intended reuse.
Soil
Phase II ESA activities conducted in July 2015 indicated the presence of petroleum related VOCs and
chlorinated VOCs in soil at concentrations above Industrial/Commercial, Residential, and Protection of
Groundwater Preliminary Soil Remediation Goals (PSRGs) in the vicinity of the former dry-cleaner operations.
Impacted soil was not encountered in the vicinity of the former UST.
Groundwater
Tetrachloroethene (PCE), trichloroethene (TCE), and naphthalene were detected at concentrations above
unrestricted use groundwater standards in the vicinity of the former dry-cleaner operations. Surface Water
Surface water is not located on the site.

Soil Gas Vapor
In February 2017, soil gas samples were collected. The samples were place according to redevelopment plans: northern office building, courtyard, residential area. The following is cumulative risk table.

Indoor Air
No indoor air samples were collected. Existing structures are being demolished and new construction planned
for redevelopment. Risk Calculation
Based on the sampling points, we have divided the property into 3 sections, office north (SG-3, SG-4, SG-5),
courtyard, and Winnifred Residential (SG-1, SG-7, SG-2). The Winona Residential (SG-6). No samples were
collected under southern office building; it will require a mitigation system. In the proposed northern office building, the risk is not exceed for non-residential use. The groundwater will be
restricted, but a mitigation system is not required for Office North Building.

Courtyard Area: no restrictions necessary for vapor.

Winnifred Residential Building, vapor risk is below threshold. No mitigation system is necessary.
Winona Residential building has a hazard quotient that is near 1, (0.91). Therefore, the PD has agreed to install
a passive vapor mitigation system in the residential apartment units along Winona Street.

Southern Office Building exceeds screening levels for VISL and will require vapor mitigation system. There is
impacted soil from former dry cleaner that is under the existing building. These soils will need to be managed in
the Environmental Management Plan (EMP).
Area of known soil contamination in blue pen markings will be on the plat map.
Required Land Use Restrictions:

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.
Soil:
1. Environmental Management Plan required, the document was reviewed and pending approved based on
soil restriction zones.
2. Plat map denotes “Area of Known Soil Contamination” 3. Notification prior to development activities.

Groundwater: Standard use restrictions

Vapor: stand LUR requiring assessment. Based on current redevelopment plan, mitigation is required in Office South Building and Winona Residential Building.

All standard LURs have been included such as access. The following are the LURs from the NBP:

1. No use may be made of the Brownfields Property other than for office, retail, multi-family residential, and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply:
a. “Office” is defined as the provision of business or professional services.
b. “Retail” is defined as the sale of goods, products, services or merchandise directly to the consumer, including without
limitation restaurants, retail pet stores, nail and hair salons, spas, and drop-off/pick-up dry-cleaner stores that perform no dry-cleaning on-site.
c. “Multi-Family Residential” is defined as multi-unit human dwellings, such as condominia, or apartments. Single family homes, townhomes, duplexes, or other units with yards are prohibited unless approved in writing by DEQ in advance.
d. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
2. The Brownfields Property may not be used for child care centers, adult care centers, primary schools, or drycleaners without the
prior written approval of DEQ.
3. Groundwater at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm
water collection and reuse techniques, without the prior written approval of DEQ.
4. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to particular activity, no
activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields
Property unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in Land Use
Restriction No. 1, above, while fully protecting public health and the environment. Prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ is required. If
such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ
imposes. Activities may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in Land Use Restriction No. 1, above, while fully protecting public health and the environment.
5. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields
Property will be suitable for the uses specified in Land Use Restriction No. 1, above, while fully protecting public health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24”, except in the area designated the “Area of Known Soil Contamination” on the plat component of this Notice, within which area there shall be no activity that exposes soil except as provided
in Land Use Restriction No. 16 below;
b. mowing and pruning of above-ground vegetation;
c. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of
a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and
d. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined
below in Land Use Restriction No. 10.
6. No use of the Brownfields Property may occur until the then owner of the Brownfields Property [or Prospective Developer]
conducts representative final grade soil sampling of any area within the “Area of Known Soil Contamination” of the Brownfields
Property on the plat component of this Notice pursuant to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
7. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s
satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined below in Land Use Restriction No. 10.
8. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the
plat component of the Notice, may be occupied until DEQ determines in writing that:
a. the building is or would be protective of the building’s users, public health and the environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment approved in writing by DEQ; or
b. the building is or would be sufficiently distant from the Brownfields Property’s groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building’s users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or
c. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal on a report that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures shall be approved in
writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance of said measures.
9. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of this Notice shall
be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and
Human Services.
10. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase as DEQ deems necessary) that is consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
a. soil and water management issues, including without limitation those resulting from contamination identified in
the Environmental Reports;
b. issues related to potential sources of contamination referenced in paragraphs 7 and 8 of the attached Exhibit A;
c. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly
discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during
redevelopment.
11. As part of the Land Use Restriction Update described below in Land Use Restriction No. 17 for each year following the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline
shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a
report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that
describes:
a. actions taken on the Brownfields Property in accordance with Section V (Work to be Performed) of the attached Exhibit A;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
d. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil,
groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and
e. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included).
12. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of,
or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields 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 Brownfields Property.
13. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons listed in Section XV
(Notices and Submissions) of the attached Exhibit A, though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If
every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notices and Submissions) of the attached Exhibit A; or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XV of the attached Exhibit A.
14. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of the attached Exhibit A and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ,
except:
a. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
b. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators; and
c. as constituents of products and materials customarily used and stored in multi-family residential, retail, restaurant, related office and parking uses and with prior written DEQ approval, other commercial environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws;
15. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
16. The owner(s) of the portion of the Brownfields Property denominated “Area of Known Soil Contamination” on the plat component of the Notice shall be responsible for maintaining the DEQ-approved cover which may include asphalt, concrete, geo-
textile, or soil, over that portion, and for including with each year’s LURU (see Land Use Restriction No. 17, below) a certification that the cover is being properly maintained. Soil in this “Area of Known Soil Contamination” may not be exposed without prior sampling and analysis of such soil to the satisfaction of DEQ, and submittal of the analytical results to DEQ. If such results disclose
contamination in excess of the applicable standards, as determined by DEQ, the soil may not be exposed without the approval of DEQ on such conditions as DEQ imposes, including at a minimum compliance with plans and procedures, approved pursuant to applicable law, to protect public health and the environment during the activities that would expose such soil.
17. During January of each year after the year in which this Notice is recorded, the owner of any part of the Brownfields Property as
of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, this Notice containing these land use
restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following:
a. A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name,
mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the entity submitting the joint LURU as well
as for each of the owners on whose behalf the joint LURU is submitted.
b. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in Land Use Restriction No. 13 and paragraph 21 of the
attached Exhibit A provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases.
c. All LURUs shall state:
1. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner [or board, association or approved entity] submitting the LURU if said owner [or each of the owners on whose behalf the joint LURU is submitted] acquired any part of the Brownfields Property during the previous calendar year;
2. the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner [or each of the owners on whose behalf the joint LURU is submitted] transferred any part of the Brownfields Property during the previous calendar year [for properties covered under a joint LURU, this portion is not required];
3. whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction No. 8 above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how.
4. whether the “Area of Known Soil Contamination” pursuant to Land Use Restriction No. 16 above remains properly covered by impervious surface.