21061_Berryhill-Thrift Decision Memorandum 20181114

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DECISION MEMORANDUM
DATE: November 13, 2018 FROM: Bill Schmithorst TO: BF Assessment File
RE: Berryhill-Thrift Rd. 1225 Berryhill Road & 2317 Thrift Road Charlotte, Mecklenburg County
BF # 21061-17-060 Based on the following information, it has been determined that the above referenced site, whose intended use is for no uses other than retail, parking, restaurant, brewery or food production facility, and commercial, can be made suitable for such uses.
Introduction: The Brownfields Property comprises three parcels totaling 4.43 acres. The three parcels include 1225 Berryhill Road (parcel ID # 07105116), CSX parcel (parcel ID # 07105121), and 2317 Thrift Rd. (parcel ID # 07105114). The Brownfields Property
contains one 28,000 sf building located on the Thrift Road parcel. The southern portions of the building are occupied by an automotive repair service and a hair salon, and the remaining portion of the building is vacant. The Brownfields Property is surrounded by land in commercial and industrial use including the Fleming Labs Brownfields Property (Brownfields Project No. 16041-12-060), which is adjacent to the southern boundary of
the Berryhill-Thrift Rd. Brownfields Property. Redevelopment Plans: Thrift Road Holdings, LLC intends to redevelop the Brownfields Property for retail,
parking, restaurant, brewery or food production facility, and, subject to DEQ’s prior
written approval, other commercial uses. Site History: The 1225 Berryhill Road parcel consists of 1.61 acres of undeveloped land. The parcel
was undeveloped vacant land as early as the 1930s. By 1948 the parcel was developed
with a commercial building that was utilized as the Cities Service Oil Company bulk plant as early as the 1950s and by American Mineral Spirits Company in the 1960s. From approximately the mid-1980s until the early to mid-1990s, the parcel was occupied by Cherokee Oil Company and utilized as a waste oil processing facility which accepted
waste oil and various hazardous substances. After U.S. Environmental Protection Agency
removal actions were completed, as summarized below, no new structures were constructed on the property. The parcel was most recently used by a landscaping company for storage of materials and equipment.
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Portions of the CSX right-of-way parcel were utilized as a rail spur from at least the 1940s until the tracks were removed in the 1970s. No structures were reported to have
been constructed on this parcel. The parcel is currently not used and unoccupied. The 2317 Thrift Road parcel is located adjacent to the southeast of the 1225 Berryhill Road parcel and adjacent to the east of the CSX parcel. The Thrift Road II Brownfields property is comprised of one approximately 2.82-acre parcel developed with an
approximately 28,000 square foot (sq ft) commercial building. The parcel is located topographically downgradient of the 1225 Berryhill Road parcel where the former Cherokee Oil facility was located. The Site building was constructed in the mid to late 1940s and was utilized by a propane distribution company as administrative offices, vehicle maintenance, carburetor rebuilding shop, and a propane storage yard until
approximately 2012. Portions of the existing building are currently occupied by a hair salon and auto repair center. Other portions of the building are unoccupied. Prior to the 1940s, the property was undeveloped. Environmental History
According to information obtained during U.S. Environmental Protection Agency (EPA) Emergency Response and Removal Branch (ERRB) and Resource Conservation and Recovery Act (RCRA) investigations conducted in the early 1990s at 1225 Berryhill Road, the former Cherokee Oil facility (EPA ID No. NCD980799019), accepted hazardous substances and hazardous wastes that it was not permitted to accept.
Hazardous material was reportedly blended with waste oil and stored in roll-off containers, drums, tanker truck trailers, aboveground storage tanks (ASTs), underground storage tanks (USTs), and aboveground spill containment basins. In July 1991, the EPA conducted a criminal investigation associated with reported improper handling and improper disposal of hazardous materials. In August 1994, EPA ERRB personnel
conducted reconnaissance activities at the Cherokee Oil facility and identified approximately 1,000 drums, 12 ASTs, two tanker trailers, and one roll-off container in various stages of deterioration. From November 1994 to March 1996, the EPA ERRB conducted emergency removal of identified potentially hazardous materials, storage
vessels, a fueling station containing three USTs, and containment areas. Visibly impacted
soil was excavated. Post-excavation soil sampling performed by the EPA ERRB indicated that residual impacted soil containing volatile organic compounds and semi-volatile compounds remained at the Brownfields Property. NCDEQ subsequently performed additional limited soil sampling which also indicated that residual impacted
soil remained at the site.
In the 1990s, Mecklenburg County and EPA personnel observed overland drainage of waste material from the 1225 Berryhill Road parcel onto parcels located adjacent to the south (former CSX parcel) and the southeast (Thrift Road parcel). In March 1996,
NCDEQ Superfund Section personnel collected surficial soil samples for laboratory
analysis in the areas of the observed overland drainage. Laboratory analytical results indicated that several SVOCs, polychlorinated biphenyls (PCBs), and metals were detected above the IHSB PSRGs.
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A Phase II assessment was completed on the Brownfield Property in October 2017. Laboratory results from the Berryhill Rd. and CSX parcels indicated the presence of
VOCs, SVOCs, metals and PCB congeners in soil at concentrations above the DEQ IHSB Industrial/Commercial PSRGs. In addition, laboratory results from the two parcels indicated the presence of VOCs and SVOCs above North Carolina 2L Groundwater Standards.
Environmental samples were also collected from the Thrift Road parcel during the same October 2017 investigation. Sub-slab and indoor air samples were also collected from the building on the Thrift Road parcel. One indoor air sample exceeded Non-Residential VISLs. In addition, one monitoring well exceeded 2L Standards. Soil samples exceeded Industrial PSRGs for VOCs and metals.
A remedial investigation was conducted by the Hart & Hickman, under contract to the NCDEQ Superfund Section, at the former Cherokee Oil Berryhill Road parcel from March to May 2018. Laboratory results indicate the presence of VOCs, SVOCs and metals above NC 2L Groundwater Standards. Results also indicate that the groundwater
plume extends to the adjacent Suburban Propane property. In addition, laboratory results indicated the presence of VOCs exceeding Non-Residential Groundwater VISLs, and soils exceeding Industrial PSRG screening levels for VOCs, SVOCs, PCBs and metals. A receptor survey indicated that there were no groundwater supply wells within a 0.5-mile radius of the Brownfields Property. In addition, the risk from groundwater to indoor air
was assessed using the NCDEQ Risk Calculator for a small office building located on the Suburban Propane property located downgradient of the Berryhill Road property. Results from the risk assessment indicated that there was no identified potential risk from soil gas at the building. The Remedial Investigation report indicated additional receptor survey and assessment work will be conducted to evaluate historical impacts from surface water
downgradient of the Brownfields Property. Based on availability of funding, the NCDEQ Superfund Section may remediate some contaminated soils at the Berryhill Road parcel in order to reduce the continuing source
of groundwater contamination found at the site.
Potential Receptors: Potential receptors are: construction workers, on-site workers, visitors, and trespassers.
Contaminated Media:
DEQ has evaluated data collected from the following media at the subject property: soil, indoor air, and groundwater. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. Specific details regarding historical sampling and remediation activities conducted at the Brownfields
Property can be found in Draft Remedial Investigation Report, Cherokee Oil Site,1225
Berryhill Road, Charlotte, North Carolina, Hart & Hickman, July 13, 2018 and
Brownfields Assessment Report, Berryhill Road and Thrift Road II Sites, Charlotte, North Carolina, Hart & Hickman, February 13, 2018.
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Soil Laboratory results indicate exceedances of soil Industrial/Commercial PSRGs at the 1225
Berryhill Road and CSX parcels. The soil sample locations with the highest concentrations of contaminants exceeding screening levels were located at the southern end of the Berryhill Road parcel and the northern portion of the CSX parcels. Contaminants exceeding screening levels include VOCs, SVOCs, metals, and PCB congeners. Select VOC subsurface soil contaminants and corresponding samples with the
highest detected concentrations include tetrachloroethylene (345 mg/kg, SB-5), trichloroethylene (23.8 mg/kg, SB-5), naphthalene (827 mg/kg, SB-5), 1,2,4-trimethylbenzene (4,300 mg/kg, SB-29), 1,2,3-trichloropropane (4,300 mg/kg, SB-29). Select SVOC subsurface soil contaminants include bis(2-ethylhexyl) phthalate (525 mg/kg, SB-9). PCBs detected in subsurface soil included PCB-1254 (3.2 mg/kg, SB-29b).
Metals concentrations exceeding Industrial/Commercial PSRGs include chromium. Results also indicated an exceedance of Industrial/Commercial PSRGs for naphthalene (22.5, SB-6) and total chromium on the Thrift Road parcel. In addition, background soil samples exceeded the Industrial/Commercial PSRGs for arsenic. Soil results from the Berryhill Rd./CSX parcels exceed a Risk Hazard Index of 1.0 (Table 1a).
One subsurface soil sample was collected next to each stormwater drain (SWD-3 and SWD-4) located on the Thrift Road parcel and downgradient from the Berryhill Road parcel. No contaminants were detected above Industrial/Commercial PSRGs. In addition, one sediment sample (SWD-2) was collected from the subsurface stormwater drain
located on the CSX parcel and no contaminants were detected above Industrial/Commercial PSRGs. Groundwater Laboratory results indicate exceedance of NC 2L Groundwater Standards in groundwater
at each of the three parcels comprising the Brownfields Property. Contaminants exceeding 2L Standards at the Berryhill Road and CSX parcels included VOCs, SVOCs, and metals. The highest contaminant concentrations were detected at temporary monitoring well TMW-5 located at the southern corner of the Berryhill Road parcel.
Select VOCs detected in TMW-5 included vinyl chloride (1,050 µg/l), trichloroethylene
(33.9 µg/l), tetrachloroethylene (144 µg/l), and acetone (45,800 µg/l). Contaminants exceeding NC 2L Standards at the Thrift Road property include 11,-dichloroethane (6.3 µg/l) and tetrachloroethene (13.2 µg/l).
Groundwater to indoor air Non-Residential NC VISLs were exceeded for VOCs at the
Berryhill Rd./CSX parcels. The results also exceeded a Risk Hazard Index of 1.0 (Table 1a). Sub-Slab Vapor Four sub-slab samples were collected from the existing building in October 2017.
Laboratory results indicated that no contaminants were detected above NC Non-Residential Soil Gas Screening Levels. Indoor Air
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Four indoor air samples were collected from the existing building in October 2017. Laboratory results indicated that one sample (IAQ-4) exceeded NC Vapor Intrusion
Screening Levels for naphthalene. However, the sample results did not exceed a Risk Hazard Index of 1.0, and the results from a sub-slab sample co-located with sample IAQ-4 did not indicate an exceedance of NC Non-Residential VISLs (Table 1b). Risk Calculations
Risk Calculations were performed using Excel worksheets provided by Sandy Mort, NCDEQ Brownfields Toxicologist. The risk calculations indicated the following based on available data, including the following media: subsurface soil, groundwater, indoor air, and soil gas. For the purpose of assessing site risk, the site was grouped into two areas: the Berryhill Road/CSX parcels and the Thrift Road parcel. The environmental
samples with the highest concentration of contaminants were used to evaluate the worst-case risk scenarios for each of the two areas. The soil and groundwater samples representing the highest concentrations of contaminants found on the Berryhill/CSX parcels included SB-29 and TMW-5. In addition, the soil and groundwater samples from the Thrift Road parcel with the highest concentrations of contaminants included SB-6 and
TMW-3. The risk calculations indicated the following based on available data, including the following media: groundwater, residual soil (based on confirmatory soil data), soil gas, indoor air, and fill soil samples: Table 1a
Berryhill Rd. & CSX Parcels
PRIMARY CALCULATORS
Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Non-Residential Worker Soil Combined Pathways 8.5E-06 3.9 NO
Groundwater Combined Pathways* 1.4E-03 38 Yes
Construction Worker Soil Combined Pathways 1.7E-06 8.3 NO
VAPOR INTRUSION CALCULATORS
Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Non-Residential Worker Groundwater to Indoor Air 2.8E-04 5.5 Yes
Red shading LICR> 1E-04 or HI> 1. LICR = Lifetime Incremental Cancer Risk
HI = Hazard Index
Table 1b Thrift Road Parcel PRIMARY CALCULATORS
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Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded?
Groundwater Combined Pathways* 1.6E-06 2.9E-01 NO
Construction
Worker
Soil Combined
Pathways
2.2E-07 5.8E-02 NO
VAPOR INTRUSION CALCULATORS
Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Non-Residential Worker Groundwater to Indoor Air 7.1E-07 1.7E-01 NO
Soil Gas to Indoor Air 2.4E-07 2.4E-02 NO
Indoor Air 8.5E-06 3.2E-01 NO

Red shading LICR> 1E-04 or HI> 1.
LICR = Lifetime Incremental Cancer Risk HI = Hazard Index Site development work will be conducted under an approved Environmental Management Plan (EMP). One soil gas or sub slab vapor monitoring point will be installed on the
Thrift Road parcel to monitor potential changes in subsurface soil vapor conditions after the Berryhill Road parcel is developed for a period of three years. 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. The PD is proposing to cap the Berryhill Road parcel with pavement and will be used for parking purposes.
1. No use other than for retail, parking, restaurant, brewery or food production facility,
and, subject to DEQ’s prior written approval, other commercial uses. 2. No groundwater use 3. No disturbing soil without DEQ approval or for landscape/mowing/pruning/repair of underground infrastructure (written notice to DEQ)/work for EMP.
5. Soil Import/Export protocol is followed.
6. No new buildings until DEQ says indoor air is safe/no VI issues/VI protection installed. 7. No use of property for child care, adult care centers, or schools. 8, Soil gas or sub slab monitoring from one location on the Thrift Road parcel near the
Berryhill Road parcel.
8. EMP 9. Access to Brownfields Property for environmental assessment. 10. NBP reference in deed. 11. No contaminants on property except for de minimis amounts, fluid in vehicles, fuels
for generators/equipment.
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14. Ongoing maintenance of vapor mitigation systems. 15. Final grade soil sampling for RCRA metals, SVOCs, and VOCs will be conducted in
exposed areas. 14. LURU submission January 1st
Based on the site-specific data provided to the Brownfields program, the site reuse is suitable for the Brownfields Property as long as the agreed upon land use restrictions in
the BFA are abided by and appropriate soil vapor mitigation systems are used.