22010_Glenwood Square_DM_20201110

DECISION MEMORANDUM
DATE: November 10, 2020
FROM: Kelly Johnson/Sharon Eckard
TO: BF Assessment File
RE: Glenwood Square
0, 615/617, 621/623, & 701 Hillsborough Street, and 0 W. Morgan Street
Raleigh, Wake County
Brownfields Project No. 22010-18-092
Based on the following information, it has been determined that the above referenced
site, whose intended use verbatim from the brownfields agreement is for no uses other
than for restaurant, retail, office, and, subject to the requirements of subparagraph 121.
of this Agreement, high density residential, and associated parking uses, and subject to
DEQ's prior written approval, other commercial uses, and can be made suitable for such
uses.
Introduction:
The Brownfields Property comprises five parcels totaling approximately 1.95 acres; it is
bifurcated by S. Boylan Avenue forming a western parcel addressed as 701 Hillsborough
Street with the remaining parcels to the east of S. Boylan Avenue. The Prospective
Developer (PD) is Glenwood Two, LLC, a member -managed limited liability company,
headquartered at 501 Fairmount Avenue, Suite 101, Towson, Maryland 21286. Its
manager is Heritage Properties, Inc. of the same address. Heritage Properties, Inc.'s Vice
President and Secretary is Ryan Blair.
Redevelopment Plans:
The Brownfields Property is currently under construction for: 1) a parking deck with
associated retail space on the parcel west of S. Boylan Avenue; and 2) an office building,
retail structures and courtyard on the parcels located east of S. Boylan Avenue. The
redevelopment is named "Bloc 83". The former structures were recently demolished.
The footprint of new buildings and impervious structures essentially covers the entirety
of the footprint of the Brownfields Property with new landscaping being installed in most
pervious areas. Although the redevelopment is principally commercial in nature, the PD
requested that high density residential use be included in the allowable land uses.
Site History:
Earliest available records indicate that the Brownfields Property was developed with
multiple dwellings by 1909. Portions of the Brownfields Property have been developed
with a gasoline filling station, apartments, and a bank by the 1950s; another gasoline
station between 1950 and 1966; and an automobile repair shop by the 1980s, among other
various commercial uses. Prior to demolition activities by the Prospective Developer, the
last uses of the Brownfields Property included vacant retail and office buildings, asphalt
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parking areas, a restaurant, a residence, office space, a stereo shop, a bar, and automobile
repair.
Documented releases are associated with two parcels of the Brownfields Property
including the eastern portion of the parcel located at 621/623 Hillsborough Street, which
was developed with a gasoline filling station by 1950 until approximately 1984, when it
was converted into an automobile repair shop that closed in 1993 (formerly Tao
Automotive). The other documented release is associated with the western portion of the
parcel located at 701 Hillsborough Street, which was developed with a gasoline station
from approximately 1972 to 1982, when it was converted to an automotive repair shop
that closed in 2017 (Allen's Automotive).
Contaminant sources include at least 8 petroleum USTs ranging in capacity from 550-
gallons to 3,000 gallons located at the former onsite gasoline stations.
Historical soil samples have been collected as far back as the early 1990s related to UST
releases that exhibited contaminant concentrations above residential screening levels.
Five USTs (one 500-gallon waste oil (T-1), two 2,000-gallon gasoline (T-2 & T-3), one
5,000-gallon gasoline (T-4), and one 3,000-gallon gasoline (T-5) were located to the
north and west of the former Tao Automotive site located in the northwestern area of the
Brownfields eastern parcel. These USTs and some impacted soil were removed in late
June 1993 through early July 1993. This earlier excavation removed soils within five feet
of the USTs. Although no volume of excavated soil was provided in available
documentation, post -excavation sampling indicated that residual contamination remained.
More recently, soil samples were collected in November 2018 from various locations
across the Brownfields Property, primarily focused on the parcels with former automotive
uses (eastern portion of the parcel west of South Boylan Avenue, and northwest portion
of the parcel east of South Boylan Avenue), in accordance with a reviewed and approved
work plan that included soil, groundwater, soil vapor, and sub -slab soil gas.
Additional soil samples were collected in September and October 2019 as part of UST
removal and excavation activities in accordance with an approved EMP and also with
discussions with DEQ Brownfields when the tanks were found. Two 550-gallon USTs
(UST-1 and UST-2) were removed from the eastern parcel on September 5, 2019. Four
3,000-gallon USTs (GTA UST-1 through GTA UST-4) were removed from the
northeastern area of the western parcel and one 1,100-gallon UST (GTA UST-5) was
removed from the southeastern area of the western parcel on September 12 through 13,
2019. Three 550-gallon USTs (GTA UST-6 through GTA UST-8) were removed from
the central portion of the western parcel on October 3, 2019. The UST areas included
several tanks on the eastern portion of the parcel west of South Boylan Avenue and one
tank found along Hillsborough Street on the parcel east of South Boylan Avenue.
A total of approximately 9,600 gallons of liquid and sludge were removed from these
USTs prior to removal. Approximately 380 cubic yards of petroleum -impacted soil were
removed as part of the UST removals.
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Existing Land Use Restrictions Prior to Brownfields Agreement:
The parcel located immediately east of S. Boylan Avenue at 621/623 Hillsborough Street
(Parcel ID 1703-49-1193) was under the jurisdiction of the NC DEQ Underground
Storage Tank (UST) Section, although a Notice of No Further Action was issued on
August 13, 2004 following recordation of a Notice of Residual Petroleum (NORP) on
August 13, 2004. The NORP prohibits use of groundwater on the property, which is also
a land use restriction of this Brownfields Agreement; therefore, these two land use
restrictions are not in conflict and the NORP will be superseded by this recordation of
this Brownfields Agreement as detailed in paragraph 12 below.
The parcel located immediately west of S. Boylan Avenue at 701 Hillsborough Street is
subject to a NORP that was recorded on February 21, 2018 (Wake County Register of
Deeds Book 17049/Page 2543) for the former Allen's Automotive operation. The NORP
prohibits use of groundwater on the property, which is also a land use restriction of this
Brownfields Agreement; therefore, these two land use restrictions are not in conflict and
the NORP will be superseded by this recordation of this Brownfields Agreement as
detailed in paragraph 12 below.
The eastern adjacent property is subject to a recorded Brownfields Agreement
(Brownfields Project Name: Glenwood Properties Brownfields Project, Brownfields
Project No. 19078-15-092). As detailed in paragraph 12 and as shown on Exhibit B,
small portions of three parcels along the eastern edge of the Brownfields Property
assigned the addresses of 0 Hillsborough Street (PINs: 1703-49-3220 and 1703-49-3132)
and 0 W. Morgan Street (PIN 1703-49-3006), are currently part of the adjacent
Brownfields Property to the east, which will be superseded by this Agreement, once it is
recorded.
Potential Receptors:
Potential receptors are construction workers, on -site non-residential workers, visitors, and
trespassers. Residential receptors will be assessed when a request is made to DEQ for
residential use as detailed in subparagraph 121.
Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil,
groundwater, soil gas, and sub -slab soil gas. DEQ relies on the following data to base its
conclusions regarding the subject property and its suitability for its intended reuse.
Soil
Soil samples collected in November 2018 and September/October 2019 exhibited arsenic
at concentrations up to 4.79 milligrams per kilogram (mg/kg), above its residential
Preliminary Soil Remedial Goal (PSRG) of 0.68 mg/kg, and are possibly representative
of background sources rather than a contaminant release. One soil sample collected in
November 2018, GTA-03, exhibited hexavalent chromium at a concentration of 0.76
mg/kg, which is above its PSRG of 0.31 mg/kg. Two samples collected on October 3,
2019, collected at unknown depth intervals, exhibited estimated values of 3-
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methylcholanthrene at concentrations of 0.224J mg/kg and 0.2281 mg/kg, above its PSRG
of 0.0055 mg/kg.
For the recent November 2018 and September 2019 soil samples, the following
compounds were detected but have no established PSRGs: 4,6-dinitro-2-methylphenol at
0.306 mg/kg and 4-isopropyltoluene at 0.00904 mg/kg.
Contaminants that have been detected historically at the Brownfields Property above their
respective residential PSRGs are primarily petroleum related and were collected at depths
below the depth of excavation in the UST basins. These include ethylbenzene at 29
mg/kg, naphthalene up to 76 mg/kg, petroleum hydrocarbons (C9-C 12 aliphatics up to
300 mg/kg and C9-C 10 aromatics up to 170 mg/kg), total petroleum hydrocarbons
gasoline range organics (TPH GRO) up to 3,495 mg/kg, total xylenes at 120 mg/kg,
1,1,2-trichloroethane at 16 mg/kg, 1,2,4-trimethylbenzene at 240 mg/kg, and 1,3,5-
trimethylbenzene at 70 mg/kg. For the historical soil samples, the following compounds
were detected but have no established residential or non-residential screening levels: 4-
isopropyltoluene up to 8.1 mg/kg and oil & grease up to 12,257 mg/kg.
Groundwater
Historical groundwater samples have been collected as far back as the early 1990s related
to UST releases that exhibited contaminant concentrations above current NC 2L
Groundwater Quality Standards (NC 2Ls) and the July 2020 DWM Residential Vapor
Intrusion Screening Level (VISL). These historical contaminants are primarily petroleum
related and include benzene up to 3,200 microgram per liter (µg/L), bis(2-
ethylhexyl)phthalate at 3.4 µg/L, bromodichloromethane at 2 µg/L, di -isopropyl ether up
to 960 µg/L, 1,2-dichloroethane up to 44.2 µg/L, 1,2-dichloropropane up to 2 µg/L,
ethylbenzene at 4,400 µg/L, lead up to 64 µg/L, methylene chloride up to 49 µg/L,
methyl tert-butyl ether up to 1,538 µg/L, naphthalene up to 410 µg/L, toluene up to
17,000 µg/L, and total xylenes up to 16,000 µg/L.
Historical groundwater contaminants detected above their respective residential VISLs
include: benzene, 1,2-dichloroethane, ethylbenzene, naphthalene, toluene, and xylenes.
The most recent groundwater sampling event was conducted in November 2018 in
coordination with the Brownfields Program in accordance with a reviewed and approved
work plan that included soil, groundwater, soil gas, and sub -slab vapor. The approved
work plan included the installation of six temporary groundwater monitoring wells;
however, four of those borings were dry and only two groundwater samples could be
collected from the temporary monitoring wells. One historical groundwater monitoring
well, MW-I, was discovered on the eastern portion of the parcel west of South Boylan
Avenue that was then also sampled during this event.
Among the three groundwater samples collected in November 2018, only one compound,
naphthalene, was detected at a concentration exceeding its applicable NC Groundwater
2L standard or residential VISL. Naphthalene was detected at a concentration of 110
µg/L in monitoring well GTA-03, which exceeds its NC 2L Groundwater Standard (NC
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2L) of 6 µg/L and also its residential VISL of 46 µg/L. It should be noted that well GTA-
3 was located approximately 25 feet northwest of historical well MW-3 that in 1993 and
1995 had a naphthalene detection of 410 µg/L and 366 µg/L, respectively.
Surface Water
Surface water is not located on the site.
Soil Vapor
One exterior soil vapor location collected on November 8, 2018, GTA-SV-6, was
assessed in coordination with the Brownfields Program in accordance with a reviewed
and approved work plan that included soil, groundwater, soil vapor, and sub -slab soil gas
(collected from now -demolished structures). This sample did not exhibit compounds at
concentrations exceeding established residential or non-residential VISLs. Note that a
sub -slab soil gas sample was collected near the location of this exterior soil gas sample
location post-construction/pre-occupancy of the new building which also did not exhibit
compound concentrations exceeding residential or non-residential VISLs.
The following compounds were detected but have no established residential or non-
residential VISL: cis-1,2-dichloroethene at 5.5 micrograms per cubic meter (µg/m3) and
2,2,4-trimethylpentane at 70 µg/m3.
Sub -Slab Vapor
Sub -slab vapor sampling occurred in 2018 at buildings that have since been demolished
at the Brownfields Property. The most recent sub -slab vapor sampling occurred post-
construction/pre-occupancy on June 23, 2020 for the building east of South Boylan
Avenue and on September 16, 2020 for the building west of South Boylan Avenue. The
purpose of this sampling event was to document what site conditions will be going
forward after significant site changes and to assess potential risk to future occupants
through potential vapor intrusion exposure.
Sub -slab vapor results from these two sampling events did not exhibit any EPA Method
TO-15 compounds at concentrations exceeding July 2020 residential VISLs, with the
exception of chloroform in one sample, GTA-VS-6 collected on 6/23/2020 (not to be
confused with soil vapor sample GTA-SV-6 collected on 11/8/2018 at a different
location) at a concentration of 63.5 µg/m3, above the residential screening level of 41
µg/m3, but below the non-residential screening level and trichloroethene (TCE) at GTA-
SV-3 collected in November 2018 at 20 µg/m3.
The following compounds were detected but have no established residential or non-
residential VISL: cis-1,2-dichloroethene at 10.3 µg/m3, ethyl alcohol up to 345 µg/m3, 4-
ethyltoluene up to 8.8 µg/m3, trichlorofluoromethane up to 68 µg/m3, and 2,2,4-
trimethylpentane at 7.01 µg/m3.
Indoor Air
The results from sub -slab vapor samples collected after construction of the new buildings
at the Brownfields Property does not currently suggest a VI risk, so no indoor air
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sampling has been conducted. At least one more round of sub -slab vapor samples will be
collected in approximately March/April 2021 for confirmation purposes.
Risk Calculations
The DEQ Risk Calculator was developed to evaluate the risk of multiple contaminants
and multiple exposure routes associated with contaminated environmental media at a site.
The risk evaluation procedures, equations, and default parameters used to create the
calculator follow the current USEPA risk assessment guidance. The DEQ Risk
Calculator dated July 2020 was used to evaluate the following.
The Brownfields Property was evaluated as a whole in order to determine the risk posed
by residual soil, groundwater, and sub -slab vapor.
Note that the risk calculator includes historical soil and groundwater concentrations that
may have naturally attenuated by this time to be more conservative, but primarily uses
the most recent sub -slab and soil vapor data collected from the site since November 2018
to reflect a more reasonable case for vapor intrusion.
Post-construction/pre-occupancy sub -slab vapor samples collected in June and September
2020 are considered most relevant for risk from vapor intrusion as the primary potential
environmental risk to future occupants. Maximum concentrations for each sub -slab soil
vapor TO-15 compound were input in the risk calculator below, while these results were
compared to residential VISLs in the Brownfields Agreement's Exhibit 2, the
Brownfields Property will be used for nonresidential purposes for the foreseeable future.
There is a land use restriction for the PD (or future property owner) to contact DEQ
Brownfields for any required assessment and written approval before using any portion of
the Brownfields Property for residential purposes.
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Risk for Individual Pathways it
Version Date: July 2020
Basis: May 2020 EPA RSL Table
Site ID: 22010-18-092
Ex osure Unit ID: Site -Wide Soil, GW (MW-3&GTA-03), & Sub -slab Va r/Soil Gas
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
Pathway
Carciinnogenic
sk
Hazard Index
Risk exceeded?
Resident
Soil
8.8E-05
1.7E+00
YES
Groundwater Use*
1.1E-02
2.2E+02
YES
Non -Residential Worker
Soil
1.7E-05
3.3E+00
YES
Groundwater Use*
2.6E-03
5.1E+01
YES
Construction Worker
Soil
2.8E-06
2.2E+00
YES
Recreator/Trespasser
Soil
4.1E-05
1.6E+00
YES
Surface Water*
NC
NC
NC
VAPOR INTRUSION CALCULATORS
Receptor
Pathway
Carciinnogenic
sk
Hazard Index
Risk exceeded?
Resident
Groundwater to hidoor Air
2.5E-03
5.8E+01
YES
Soil Gas to Indoor Air
1.6E-05
5.1E-02
NO
Indoor Air
NC
NC
NC
Non -Residential Worker
Groundwater to hidoor Air
5.7E-04
1.4E+01
YES
Soil Gas to hidoor Air
1.3E-06
2.7E-02
NO
Indoor Air
NC
NC
NC
The environmental risk attributed to noncancer hazards exceeds the threshold hazard
index of 1 for direct contact with soil in residential, nonresidential, construction worker,
and recreator/trespasser exposure scenarios. Carcinogenic risk is not exceeded for direct
contact with soil. However, most of the higher concentrations of contaminants in soil
were detected at depth at the Brownfields Property. Once current construction is
complete, the Brownfields Property will be almost completely covered by structures
and/or pavement and landscaping so that exposure to site soil once construction is
finished is not anticipated. Note that the current proposed use of the Brownfields Property
is for non-residential purposes; however, residential use is permitted in the Brownfields
Agreement only after consultation and approval of the Brownfields Program.
Direct exposure to groundwater for both residential and nonresidential exposure scenarios
for both carcinogenic and noncancer hazard effects. However, direct groundwater use is
restricted via the land use restrictions in the Brownfields Agreement, similar to the earlier
NORPs that were previously recorded on the Brownfields Property.
The groundwater to indoor air pathways for both residential and nonresidential worker
exposures exceed acceptable risk calculations; however, the soil gas to indoor air risk
exposures do not. New buildings currently under construction do not have vapor intrusion
(VI) mitigation protections as risk was not high enough to warrant VI mitigation. Post-
construction/pre-occupancy sub -slab vapor sampling confirmed that environmental risk
was within an acceptable range. At least one more monitoring event in approximately six
months will be performed to serve as confirmation sampling. Additional sampling is
required in the BFA if residential use is contemplated at the Brownfields Property.
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Required Land Use Restrictions:
The land use restrictions in the Brownfields Agreement include the standard language for
land uses and for these other concerns:
- No child/adult care centers
- No groundwater use
- No soil disturbance except under an approved EMP
- No soil removed or brought onto the property without DEQ approval
- No building construction without VI consideration (note that buildings have been
constructed and approved for non-residential use without VI mitigation)
- No redevelopment without an approved EMP in place
- DEQ access to the property
- Deed notice requirement
- No use of known contaminants on the property
- Residential use is only permitted after consultant with the Brownfields Program
- LURU
It should be noted that two NORPs previously recorded on the Brownfields Property are
to be superseded by this Brownfields Agreement and that certain portions of the
previously recorded Glenwood Properties Brownfields Property immediately to the east
of this Brownfields Property will be superseded by this Agreement. This is indicated on
the Brownfields plat.
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 Unit
There are several items for the Property Management Unit:
1. Note that a Brownfields Agreement (Glenwood Properties, BF Project No. 19078-15-
092) has been recorded (Wake County Register of Deeds, Book 16690, Page 2621) for
the property to the immediate east and southeast, which includes high density residential,
hotel, heath institution, office, parking, restaurant, and retail uses. Due to property line
changes, small portions of that property originally under that agreement are superseded
by, and are now under, this Agreement.
2. As a result of a separate application certain portions of the original application for this
Agreement, Glenwood Square are to be amended to the existing Glenwood Properties
recorded agreement. Please refer to plat for specifics.
3. One more round of sub -slab soil vapor sampling has been requested (more limited in
scope than the pre -occupancy sampling) and will need to be conducted in approximately
March/April 2021.
4. Note that the current proposed use of the Brownfields Property is for non-residential
purposes; however, residential use is permitted in the Brownfields Agreement only after
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consultation and approval of the Brownfields Program in accordance with land use
restriction 121. of this Agreement (Glenwood Square).
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