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HomeMy WebLinkAbout24036_East Cama Decision Memorandum 2022.5.051 E Cama/24036-20-060/draft 2022.05.05 DECISION MEMORANDUM DATE: May 5, 2022 FROM: Carolyn Minnich TO: BF Assessment File RE: E Cama Brownfields Property 235 East Cama Street Charlotte, Mecklenburg County Brownfields Project No 24036-20-060 Based on the following information, it has been determined that the above referenced site, whose intended use is for no uses other than multi-family residential, for-rent only townhomes, townhomes, office, parking, retail, recreation, restaurant, brewery and food production facility, and, subject to DEQ’s prior written approval, other commercial uses can be made suitable for such uses. Introduction: The Brownfields Property is approximately 0.56-acres and is associated with Mecklenburg County Tax Parcel ID Number 14902301. The street address is 235 East Cama Street, Charlotte, Mecklenburg County. The Brownfields Property is currently vacant with one single-story metal roof 2,100 sq ft warehouse building, one storage shed, gravel parking and driveways, and a concrete pad on the back of the warehouse building. The eastern portion is used for the storage of HVAC system repair parts and equipment. The warehouse is used as an office and large equipment storage of automobiles and car parts. The surrounding area is industrial, commercial, and residential uses. The Prospective Developer is AHC Cama II LLC, a North Carolina limited liability company, with its principal office located at 1603 Orrington Avenue, Suite 990, Evanston, IL 60201. Its manager is AHC Equity Charlotte LLC, which is managed by AHC Investment Group LLC. Tom Zabor is an Authorized Signatory of AHC Investment Group LLC at the same address as AHC Cama II LLC. Redevelopment Plans: The Brownfields Property Application (BPA) requests approval for the following uses: multi-family residential, for-rent only townhomes, townhomes, office, parking, retail, recreation, restaurant, brewery and food production facility, and, subject to DEQ’s prior written approval, other commercial uses. The redevelopement plans are for multi-family residential. The agreement allows for apartments, for-rent townhomes, and townhomes. The final use is not confirmed at this time. One option plan included townhomes with four to six-unit structures. The approval for townhomes will require compliance with the NC Brownfields Program Minimum Requirements for Townhome Developments which includes but is not limited to: vapor mitigation, final grade sampling, and forming of homeowners association (HOA). 2 E Cama/24036-20-060/draft 2022.05.05 Site History: As early as the late 1930s, the Brownfields Property was undeveloped agricultural land (likely row crops and/or pastures). The current warehouse building was constructed in 1964 and was used for automotive repair operations until the late 1970s. In 1979, Apples Builders purchased the property and used it as an office and area to store equipment and staging area for supplies. In 1984, the owner, Mr. Gary Ingram, purchased the property for use as a construction material company. In recent years the warehouse was a rehearsal hall for local bands and small-scale mechanical repair projects. The owner leased the eastern portion of the property to: a tree removal company, car painting and repair businesses, and HVAC service business. The HVAC business includes storage of parts and equipment for off-site repair and maintenance of HVAC systems. Reportedly, no HVAC repair and maintenance activities are or were conducted on the property. The Brownfields Property was historically serviced with a septic tank and septic field. Currently, they are connected to Charlotte Water for drinking and sanity services. The surrounding area is industrial, commercial, and residential. Industrial operations include several automotive repair shops. The area is transitioning to a residential community with apartments, townhomes, and single-family homes. There are no reported release incidents for the property or nearby off-site properties in the regulatory databases. Assessment activities were conducted for undocumented releases based on historical uses. The Brownfields is currently vacant and no one is occupying the warehouse or buildings. 3 E Cama/24036-20-060/draft 2022.05.05 Potential Receptors: Potential receptors: construction workers, on-site workers, future residents, visitors, animals (e.g. dog park), and trespassers. Contaminated Media: DEQ has evaluated data collected from the following media at the subject property: soil groundwater and soil vapor. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. The following figures indicated the soil boring and groundwater sampling locations. Soil • In May 2020, four soil borings were installed and analyzed for VOCs, SVOCs, RCRA Metals, and hexavalent chromium. Soil samples were collected in the following areas: adjacent to the former automotive repair building, septic drain field, adjacent to the septic tank, and adjacent to the storage shed. • Soils sample lab results did not identify the presence of compounds at concentrations above the DEQ IHSB PSRG and field screening measures collected during the soil boring advancement did not identify obvious evidence of impacts. 4 E Cama/24036-20-060/draft 2022.05.05 • Metals concentrations were detected but are consistent across the Brownfields Property and with other samples in the area. They appear to be consistent with background concentrations for the area. Arsenic and hexavalent chromium are above residential PSRGs and listed in the Exhibit 2 soil table. Groundwater • Located adjacent to the Brownfields Property to the north across E Cama Street is Summerfields Auto Repair (listed in RCRA as a Conditionally Small Quantity Generator). No release incidents or compliance violations have been reported in connection with this facility. However, the one groundwater monitoring well close to the Brownfields Property has detected levels of chlorinated solvents, specifically tetrachloroethylene (PCE) above DEQ 2L standards. • In June 2020, three temporary wells, TMW-1, TMW-2, and TMW-3, were installed and sampled. A few weeks later, one permanent monitoring well, MW-1, was installed. • Groundwater samples were collected and analyzed for VOCs by EPA Method 8260B, SVOCs by EPA Method 8270D, and RCRA metals by EPA Method 6020/7470. o Laboratory analytical results indicate that low levels of multiple organic compounds including 1,1-dichloroethane, 1,1-dichloroethene, cis-1,2-dichloroethene, trichlorofluoromethane and trichloroethylene (MW-1 only) were detected in the upgradient temporary monitoring well (TMW- 1) and permanent monitoring well MW-1 at concentrations above the laboratory detection limit, but below the 2L Standards and GWSLs. o Tetrachloroethylene (PCE) was detected at a concentration of 1.9 µg/L in TMW-1 and 4.3 µg/L in MW-1, which exceeds the 2L Standard of 0.7 µg/L, but is below the DEQ DWM Residential Vapor Intrusion GWSL of 12 µg/L. o No organic compounds were detected above the laboratory method detection limits in the TMW-2 and TMW-3 groundwater samples collected in downgradient portions of the Brownfields Property. o Barium concentrations were detected in all three temporary monitoring well groundwater samples (up to 134 µg/L). Chromium concentrations were detected in the TMW-1 and TMW-2 groundwater samples (up to 6.67 µg/L). These metals are considered naturally occurring, the barium and chromium concentrations detected in groundwater are below the 2L Standards. A low level of lead was detected in TMW-2 at a concentration of 17.4 µg/L which slightly exceeds the 2L Standard of 15 µg/L. The lead concentration detected in TMW-2 may also be representative of naturally occurring levels. No other metals were detected at concentrations above the laboratory method detection limits in groundwater samples collected at the Brownfields Property. 5 E Cama/24036-20-060/draft 2022.05.05 Surface Water Surface water is not located on the Brownfields Property. The nearest surface water body feature is a piped, unnamed tributary of Irwin Creek along the southern property boundary. It is shown on the site plan as a dashed blue line. Exterior Soil Gas • In June 2021, nine (9) soil gas monitoring points were installed and sampled to evaluate the potential for structural vapor intrusion in the proposed townhome development. The soil gas sample locations are shown below. • Multiple VOCs were detected in the soil gas samples collected above laboratory method detection limits. Compounds detected above their respective DWM SGSLs included chloroform (SG-2; 27.7 µg/m3), ethylbenzene (SG-1 (67.1 µg/m3) and SG-7/SG-DUP (44.0 µg/m3/45.2 µg/m3), and naphthalene (SG-3 (4.9 J µg/m3), SG-4, (6.0 µg/m3), and SG-5 (5.6 µg/m3)). No other compounds were detected above the Residential SGSLs and compound concentrations were not detected above DWM Non-Residential SGSLs. Exhibit 2 soil gas table lists the detected compounds and concentrations. 6 E Cama/24036-20-060/draft 2022.05.05 Sub-Slab Vapor No sub-slab samples were collected because new construction is planned. Existing structures are being demolished. Sub-slab samples will be required for pre-occupancy, per the Townhome Minimum Requirements. Indoor Air No indoor air samples collected. Current structures are being demolished and new construction is planned. Indoor air sampling is required for pre-occupancy in the new structures. Risk Calculations Risk calculations were performed using the June 2021 version of the DEQ Risk Calculator https://deq.nc.gov/permits-rules/risk-based-remediation/risk-evaluation-resources. The risk calculations indicated the following based on available data, including the following media: groundwater, soil, and exterior soil gas. Soil and groundwater sampling event was on 5/2/2020 and soil gas vapor sampling event was on 9/17/2021. The available site data used for this risk calculator input indicated that there was no unacceptable carcinogenic risk in any of these media for these various exposure scenarios. However, redevelopment on this Brownfields Property is residential townhomes. Therefore, the NCBP Minimum Requirements for Townhome Developments in its most current version apply. Additionally the soil gas to indoor air HI is 0.31, once 7 E Cama/24036-20-060/draft 2022.05.05 slabs are introduced the program as noted increases in the HI. Therefore additional measures and sampling requirements are essential to confirm the safe reuse of the property. Required Land Use Restrictions: The standard land use restrictions as to land use, no physical redevelopment without an EMP, reporting, prohibitions on groundwater use, restrictions on soil disturbance, vapor intrusion provisions, known contaminant uses, notices, access, and land use restriction update provisions will be included. In addition the NCBP Townhome Minimum Requirements will be implemented including Declarations, a HOA, and maintaining a cash reserve. 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 ISSUES EMP and VIMP are required and have not been completed and approved as of the date on these documents.