24002 Sherwin Williams Decision Memorandum 20210730

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DECISION MEMORANDUM DATE: July 30, 2021 FROM: Bill Schmithorst

TO: BF Assessment File RE: Sherwin Williams 1314, 1318, 1322, 1324, 1326, 1330, 1332, 1334, 1336, 1400, 1404 and
1426 Central Avenue; 1101, 1111, 1113, 1117, and 1237 Pecan Avenue
Charlotte, Mecklenburg County BF # 24002-20-060 Based on the following information, it has been determined that the above referenced
site, whose intended use is for no uses other than high density residential, office, retail,
restaurant, brewery or food production facility, parking, recreation entertainment, hotel, recreation, open space, and with prior written DEQ approval, other commercial uses, can be made suitable for such uses.
Introduction:
The Brownfields Property is an active commercial shopping center totaling approximately 12.163 acres southwest of the intersection of Central Avenue and Pecan Avenue. The site is composed of three parcels (Parcel ID Numbers: 08117724 A/B (1.145 acres); 08117723 (6.320 acres); and 08117722 (4.545 acres) and bound by Central Avenue to the north; Pecan Avenue to the east; East Independence Boulevard (Highway
74) to the south; and a railroad line to the west. Original Parcels 08117723 and 08117722 were combined into Parcel No. 08117722. The Brownfields Property is occupied by the following:
Parcel 1 (08117722): • Two-story approximate 23,034-square foot building reportedly constructed in 1912 that is occupied by several office and commercial tenants • Two-story approximate 13,824-square foot building reportedly constructed in 1912 that is occupied by various retail and office tenants
• Single-story approximate 11,408-square foot building reportedly constructed in 1963 that is occupied by a dance studio, a yoga studio, and a space that is used for storage of motorcycles and other various equipment as well as a barbecue catering business• Single-story approximate 47,890-square foot building reportedly constructed in 1959 that is occupied by a retail space, three restaurants, an ABC
store, and a dialysis center • Single-story approximate 2,766-square foot building reportedly constructed in 1966 that is occupied by Elizabeth Billiards • Single-story approximate 11,082-square foot building reportedly constructed in
1966 that consists of vacant commercial/retail space
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• Single-story approximate 2,350-square foot building reportedly constructed in
1960 that is occupied by Sammy's Deli • Single-story approximate 1,718-square foot building reportedly constructed in 1959 that is occupied by Meineke Car Service Center Parcel 3 (08117724A/B):
• Single-story approximate 10,883-square foot building reportedly constructed in 2000 that is occupied by CVS Redevelopment Plans:
Potential redevelopment plans include high density residential, retail, restaurant, hotel,
entertainment, recreation, open space, office, parking, brewery or food production facility, and with prior written DEQ approval, other commercial uses. Site History:

The following details regarding historical site use were provided in the Phase I
Environmental Site Assessment, Central Avenue Property (January 27, 2020) and documents provided by the Prospective Developer:
• The Brownfields Property was developed with the Cole Manufacturing Co. facility and a residence from at least 1929 through approximately 1979. Cole Manufacturing Co. reportedly operated as a manufacturer of agricultural implements and the facility expanded around 1965. Cole Manufacturing Co. appears to have included a foundry with an earth floor, machine shops, storage
areas, assembling areas, a heating plant, assembly, paint spraying, grinding, and an oil tank room.
• A gasoline service station was located at the southeast portion of the Brownfields Property (1111 Pecan Ave.) from approximately 1944 through 1963. There are no
records available regarding the former underground storage tanks (USTs) associated with the filling station. The property was later occupied by Meineke Car Care until January 2021.
• A gasoline service station (Central Sunoco/Providence Sunoco Service/ Bost) was located at the northeast portion of the Brownfields Property (1237 Pecan Ave. and
current CVS location) from approximately 1949 through the early 1990s. The facility was observed in Sanborn Maps dated 1953 through 1963. The facility reported a release in June 1990 following the removal of seven USTs (Incident Number 8617 and UST Number MO-3427). The North Carolina Department of
Environment and Natural Resources (NCDENR) issued a no further action
determination for the UST incident in May 1999.
• Since 1993, the Brownfields Property has been occupied by multiple commercial and retail occupants, including a Sherwin Williams Store #2219 (1426 Central
Ave. and 1117 Pecan Ave.), paint distribution facility, Recycled Paints, Inc.
(1318-D Central Ave.), a paint recycler , A&P Food Stores (1426 Central Ave.), Meineke (1111 Pecan Ave.) and a CVS Pharmacy (1237 Pecan Ave.). Other occupants have included restaurants, shops, offices, and retail businesses.
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Multiple onsite structures were demolished around 1993 and the current onsite
structures appear to have been constructed around the same timeframe.
• The Sherwin Williams Store #2219 (1426 Central Ave.) operated at the property from approximately 1970-early 2000’s, and reported a UST release in February 1999 following the removal of one 550-gallon varsol UST (Incident Number
19958 and UST Number MO 5660). The UST was reportedly installed in the 1970s and utilized by the former Sherwin Williams facility. Following sampling activities, the facility received a Notice of No Further Action in a letter dated September 1999. The former Sherwin-Williams operated as a small quantity hazardous waste generator in 1999. A Phase II Environmental Site Assessment
was conducted in conjunction with the CVS pharmacy. It was reported that tetrachloroethylene was detected in one soil and one groundwater sample at the property; however, a figure was not available showing the former sample locations or associated concentrations.
• The former Recycled Paints, Inc. (1318-D Central Avenue) operated as a
Conditionally Exempt Small Quantity Generator in 1991 with no reported violations. According to the 2020 Phase I Site Assessment Report, an historical dry-cleaning facility
was located at 1200 Pecan Avenue (The Launderette/Automatic Laundry), which is
located across Pecan Avenue and upgradient of the southeastern portion of the property, from 1950-1963. No environmental incidents were listed in environmental databases searched for the former dry cleaner property.
Environmental Assessment Activities
An environmental assessment was conducted for property due diligence purposes at the Brownfields Property during February 2020. Sampling activities included collecting four subsurface soil samples and seven groundwater samples. Soil sample SB-1 was collected in the area of the reported former Sherwin Williams 500-gallon UST at a depth of 0-5
feet below ground surface (ft bgs). Soil sample SB-2 was collected in the location of an
above-ground used oil tote from a depth of 0-5 ft bgs. Soil sample SB-3 was collected from 0-2 ft bgs behind the Meineke store in a grass area where it appears to collect surface runoff from an outdoor concrete storage pad containing an air compressor, parts cleaner, and several 55-gallon drums. Soil boring SB-4 was collected in the vicinity of
the former USTs on the southern portion of the Brownfields Property at a depth of 10-
15ft. Soil samples were submitted for laboratory analysis of total petroleum hydrocarbons (TPH) gasoline range organics (GRO) and diesel range organics (DRO); volatile organic compounds (VOCs); semi-volatile organic compounds (SVOCs); and total RCRA Metals plus hexavalent chromium.

Groundwater samples were collected from seven shallow monitoring wells and submitted for laboratory analysis of VOCs, SVOCs, and RCRA metals. Temporary monitoring wells TW-1 through TW-3 were installed along the eastern portion of the property, hydraulically downgradient from the former Cole Manufacturing facility. Monitoring
wells TW-4 and TW-5 were installed near the location of the former gasoline station at
the southeastern corner of the property. Monitoring well TW-6 was installed across from
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the location of the historical dry cleaner on Pecan Ave. and adjacent (cross gradient) to
the location of the former gasoline station located at the northeastern corner of the Brownfields Property. Monitoring well TW-7 was installed on the hydraulically downgradient side of the former gasoline station located at the northeastern corner of the Brownfields Property. Groundwater sampling laboratory results indicated that no constituents were detected in groundwater above NC 2L Groundwater Standards.
An additional environmental assessment was conducted in August 2020 in accordance with a DEQ-approved work plan for the purpose of addressing environmental data gaps (Brownfields Assessment Report & Receptor Survey, September 29, 2020). Environmental assessment activities included:

• Collecting eight composite soil samples (SS-1 through SS-8) from varying depths below proposed future building and roadway areas across the Brownfields Property for the analysis of SVOCs and RCRA metals. In addition, eight
subsurface grab soil samples were collected for the analysis of VOCs. The proposed future building footprint and roadway areas were subdivided into eight areas and up to five borings were advanced in each area. The SVOC and RCRA samples were collected as a composite sample from each area and one sample was collected from each area as a grab VOC sample.
• Installation of two temporary monitoring wells (TW-1 and TW-2) for the collection of groundwater samples in the former location of the Cole Manufacturing facility. Groundwater water samples were submitted for the analysis of VOCs, SVOCs, and RCRA metals.
• Nine soil gas samples (SG-1 through SG-9) were collected within the footprint of the proposed residential buildings. Soil gas samples SG-1, SG-2, SG-3, and SG-4 were collected hydraulically downgradient of the former gasoline station located at the northeast corner of the Brownfields Property. Soil gas sample SG-5 was
collected at the location of the former Sherwin Williams facility. SG-6 was
collected across the street from the historical dry cleaner. Soil gas sample SG-7 was collected at the location of the former gasoline station located in the southeast corner of the Brownfields Property. Soil gas samples SG-8 and SG-9 were collected near the former locations of the Sherwin Williams Store and Recycled
Paints. Soil gas samples were submitted to a laboratory for the analysis of VOCs
by Method TO-15. Laboratory results from the August 2020 site assessment indicated that naphthalene was detected above NC Residential Preliminary Soil Remediation Goals in one sample (SS-
5E), located near the former gasoline station, and arsenic exceeded residential PSRGs in
each soil sample. No groundwater samples exceeded NC 2L Groundwater Quality Standards or NC DWM Groundwater VISLs. Laboratory results also indicated that 1,3-butadiene exceeded residential VISLs in five soil gas samples. No other VOCs exceeded residential VISLs. Trichloroethylene and tetrachloroethylene were detected in sample
SG-1 below residential VISLs at 1.7 µg/m3 and 30 µg/m3, respectively. Based on the
elevated 1,3-butadiene detections and the possibility that the elevated concentrations of the compound may have been introduced during installation of the soil gas sample points,
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the soil gas samples with elevated 1,3-butadiene concentrations were identified for
resampling for the analysis of VOCs. The resampling event for soil gas sample locations SG-1A, SG-3A, SG-4A, and SG-5A were collected on November 6, 2020, adjacent to corresponding sample locations SG-1, SG-3, SG-4, and SG-5. An additional soil gas sample not associated with a previous soil
gas sample (SG-10) was collected near soil sample SS-8, near where tetrachloroethylene and trichloroethylene were previously detected in soil at concentrations below residential PSRGs. The soil gas sampling points were allowed to equilibrate for two days after installation before sampling. Laboratory results indicated that 1,3-butadiene was not detected and no other VOCs were detected above NC Residential VISLs. In addition,
TCE nor PCE were detected in sample SG-10. Potential Receptors: Potential receptors are: construction workers, on-site workers, future residences, and
visitors.
Contaminated Media: DEQ has evaluated data collected from the following media at the subject property: groundwater, soil, and soil gas. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse.

Soil Laboratory results from the analysis of soil samples collected in February 2020 indicate that arsenic was detected above residential and commercial/industrial PSRGs; however, concentrations were consistent with naturally occurring levels in the Charlotte area with a
maximum concentration of 3.3 mg/kg (SB-3). One soil sample (SB-2) collected at a depth of 0-5 feet below ground surface slightly exceeded the residential PSRG for hexavalent chromium at an estimated concentration of 0.404 mg/kg. In addition, Total Petroleum Hydrocarbons (TPH)-Diesel Range Organics were detected in soil sample SB-3 at a concentration of 50.3 mg/kg and TPH-Gasoline Range Organics were detected at a
concentration of 34.1 mg/kg. Soil sample SB-3 was collected at a depth of 10-15 feet below ground surface. Laboratory results from samples collected in August 2020 indicated that naphthalene was detected in soil sample SS-5E above the Residential PSRG at a concentration of 5.1
mg/kg. Arsenic was detected in several soil samples up to a concentration of 5.9 mg/kg. Hexavalent chromium was detected above the Residential PSRG in soil samples SS-1 and SS-2 at concentrations of 0.446J and 0.349J, respectively. Groundwater
Laboratory results from the analysis of groundwater samples collected from TMW-2 in February 2020 indicate that bromodichloromethane exceeded NC 2L Groundwater Standards at a concentration of 1.9 µ/L. Total chromium also exceeded NC 2L Groundwater Standards in samples collected from TMW-2 and TMW-3.
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Surface Water
Surface water is not present at the Brownfields Property. Soil Vapor VOCs with no applicable NC VISL were detected in samples from ten plus soil gas sampling locations and resample locations, including 1,3-dichlorobenzene (up to 15
µg/m3), cis-1,2-dichlorobenzene (up to 0.9J µg/m3), ethanol (up to 310 µg/m3), 4-
ethyltoluene (up to 1.4J µg/m3), and trichlorofluoromethane (up to 2.1 J µg/m3). No other VOCs were detected above NC Residential VISL.
Sub-Slab Vapor Sub-slab vapor samples were not collected. Indoor Air Indoor air samples were not collected.

Risk Calculations Risk calculations were performed using the NC DEQ Risk Calculator. Sample results from the samples with the highest concentrations of contaminants detected in groundwater, soil, and soil gas were used for evaluating risk at the Brownfields Property,
including SG-4A for soil gas, SS-08H for soil and TW-2 for groundwater. The risk calculations indicated the following based on available data:
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded?
Resident Soil 7.0E-06 1.6E-01 NO
Groundwater Use 2.7E-03 2.3E+00 YES
Non-Residential Worker Soil 1.6E+-06 1.3E-02 NO
Groundwater Use 2.8E-04 5.3E-01 YES
Construction Worker Soil 2.6E-08 1.3E-01 NO
Recreator/Trespasser Soil 3.9E-06 8.1E-02 NO
VAPOR INTRUSION CALCULATORS
Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded?
Resident Soil Gas to Indoor Air 2.5E-06 1.4E-01 NO
Non-Residential
Worker
Soil Gas to Indoor
Air 1.7E-07 1.1E-02 NO

Red shading LICR> 1E-04 or HI> 1. LICR = Lifetime Incremental Cancer Risk HI = Hazard Index
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Based on Risk Calculator results and low detections of VOCs in soil gas, soil and groundwater, vapor mitigation is not proposed for the new development at the Brownfields Property. The vapor intrusion land use restriction is included in the Brownfields Agreement in the event unknown issues are discovered during future development. A land use restriction (LUR) for groundwater will be placed on the
Brownfields Property due to the elevated concentrations of chromium detected in groundwater. An Environmental Management Plan (EMP), approved by DEQ, will be required before the start of soil grading or excavation activities to prevent exposure to site workers and future residents from unacceptable levels of contaminants, and to manage the safe handling and disposal of potentially contaminated materials during construction.
The PD is planning to export up to 50,000 cubic yards of soil from the property. Additional soil characterization sampling will be conducted at the former service station site at the southern portion of the property and at significant portions of the former Cole Manufacturing facility. In addition, final grade soil sampling of unpaved or uncapped areas will be required prior to occupying the Brownfields Property.
Required Land Use Restrictions: A summary of the land use restrictions (LURs) is provided below. 1. No use other than high density residential, retail, office, recreation, parking, open
space, and with prior written DEQ 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. 4. Soil Import/Export must be approved by DEQ.
5. DEQ approved EMP 6. Access to Brownfields Property for environmental assessment. 7. Standard vapor intrusion LUR 8. NBP reference in deed. 9. No contaminants (as included in Ex. 2 to the BFA) on property except for de minimis
amounts, fluid in vehicles, fuels for generators/equipment. 10. Final grade soil sampling for RCRA metals, SVOCs, and VOCs will be conducted in exposed areas. 11. LURU submission January 1st

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.