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HomeMy WebLinkAbout06006_Cherokee Oil_BAR WP signed 20230808ATTACHMENT 1 DEQ Brownfields Redevelopment Section Assessment Work Plan Approval Signature Page To be completed by Development Team and returned to DEQ Brownfields for review & signature. Brownfields Project Name: Cherokee Oil Brownfields Property Brownfields Project Number: 06006-02-060 Work Plan Title: Revised Brownfields Assessment Workplan Date: July 25, 2023 Revision Number: 1 Be advised that this approval from DEQ Brownfields does not waive any applicable requirement to obtain any necessary permits, licenses, or certifications for the above listed activities nor does it waive any requirement to comply with applicable law for such activities. Prospective Developer (PD): 935 Summit Magnus LLC c/o Magnus Capital Partners, LLC Contact Person: Vishal Arora Phone Numbers: Office: (646) 790-5838 Mobile: Click or tap here to enter text. Email: va@MagnusCapitalPartners.com Property Owner (if different from above): Click or tap here to enter text. Contact Person: Click or tap here to enter text. Phone Numbers: Office: Click or tap here to enter text. Mobile: Click or tap here to enter text. Email: Click or tap here to enter text. Environmental Consultant: Hart & Hickman, PC Contact Person: Justin Ballard, PG Phone Numbers: Office: (919) 847-4241 Mobile: Click or tap here to enter text. Email: jballard@harthickman.com Signature: Brownfields Project Manager: Carolyn Minnich Phone Numbers: Office: (704) 661-0330 Mobile: Click or tap here to enter text. Email: carolyn.minnich@ncdenr.gov Signature: Consultant: Hart & Hickman, PC Printed Name/Title/Company: Justin Ballard, PG/Project Manager/Hart & Hickman, PC Date 7/25/2023 PG/ PE SEAL HERE Brownfields Project Manager:Click or tap here to enter text. Date Click or tap to enter a date. 08/08/2023 #C-1269 Engineering #C-245 Geology Revised Brownfields Assessment Workplan Revision 1 Cherokee Oil Brownfields Property 935 S. Summit Avenue Charlotte, Mecklenburg County, North Carolina Brownfields Project No. 06006-02-060 H&H Job No. MGN-004 July 25, 2023 Via Email July 25, 2023 North Carolina Department of Environmental Quality Division of Waste Management – Brownfields Redevelopment Section 1646 Mail Service Center Raleigh, North Carolina 27699-1646 Attn: Ms. Carolyn Minnich Re: Revised Brownfields Assessment Work Plan Cherokee Oil Brownfields Property 935 S. Summit Avenue Charlotte, Mecklenburg County, North Carolina Brownfields Project No. 06006-02-060 H&H Job No. MGN-004 Dear Carolyn: 1.0 Introduction On behalf of 935 Summit Magnus LLC c/o Magnus Capital Partners, LLC (Magnus Capital), Hart & Hickman, P.C. (H&H) has prepared this Revised Work Plan to conduct Brownfields assessment activities at the Cherokee Oil Brownfields Property (Brownfields Project No. 06006-02-060) located at 935 S. Summit Avenue in Charlotte, Mecklenburg County, North Carolina (subject Site or Site). The Site consists of one approximately 1.99-acre parcel (Mecklenburg County Parcel Identification Number 07325301) of land that is developed with an approximately 12,600 square foot (sq ft) commercial building and asphalt-paved parking lot. A Brownfields Agreement for the Site between the North Carolina Department of Environmental Quality (DEQ) and M&J Equities, LLC (former Site property owner) was executed on February 2, 2004. Proposed redevelopment plans for the Site include razing the existing building and minimal ground disturbance for the construction of an approximately 464,400 sq ft multi-family residential building. The proposed building footprint is located in the central and northern portions of the Ms. Carolyn Minnich July 25, 2023 Page 2 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX Site and will consist of upper-level residential units. The ground floor of the proposed structure will predominantly consist of a podium construction parking garage. A copy of the current proposed redevelopment plans is included in Appendix A. Note that grading plans have not been prepared as of the date of this Revised Work Plan. A Site location map is provided as Figure 1, and the Site map with the proposed building footprint and surrounding area are shown in Figure 2. H&H reviewed available resources to obtain information regarding historical uses of the Site and identify areas of potential environmental concern for proposed Brownfields assessment activities. A brief summary of our review is provided in the following section. 2.0 Site Background According to the Mecklenburg County property records, the Site was developed with the current Site building in 1948. During the 1950s and 1960s, the Site building was occupied by Brown Equipment and Manufacturing Co. for repair and equipment manufacturing operations (including a paint shop) associated with tractor trailers. From the late 1960s until the mid-1970s, a United States Postal Service (USPS) fleet vehicle maintenance garage operated on-Site, followed by a Mecklenburg County recycling facility in the early 1980s. In the mid to late 1980s, asphalt parking areas and driveways were developed in the northern portion of the Site and the Site was occupied by Saunders Systems truck leasing from 1985 until 1990. In 1990 and 1991, Cherokee Oil Resources operated an on-Site unpermitted temporary hazardous waste storage facility. According to information provided in the Brownfields Agreement, emergency removal actions and environmental assessments in connection with former Cherokee Oil operations were conducted in the 1990s. 2.1 Cherokee Oil Emergency Removal Activities Emergency removal actions were conducted on-Site in the early 1990s by the U.S. Environmental Protection Agency (EPA). These activities included the removal of approximately 6,096 drums, 13 roll-off containers, and several tankers containing polychlorinated biphenyls (PCBs), solvents, Ms. Carolyn Minnich July 25, 2023 Page 3 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX cyanides, acids, and bases. In addition, four underground storage tanks (USTs) containing diesel, gasoline, heating oil, and residual sludge were removed from the north and south sides of the existing Site building. Following emergency removal action activities, post-removal soil samples were collected in 1993 and analyzed for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), total metals, cyanide, pesticides, PCBs, and oil and grease. Laboratory analytical results indicated arsenic (up to 21.4 milligrams per kilogram [mg/kg]) and lead (874 mg/kg) were detected at concentrations in surficial soil (approximately 0.5 to 1 foot below ground surface [ft bgs]) above the DEQ Inactive Hazardous Sites Branch’s (IHSB’s) screening criteria. No other compounds were reported to exceed IHSB screening criteria. Historical sample locations are shown in Figure 2. 2.2 Cherokee Oil Assessment Activities According to information provided in the Brownfields Agreement, soil and groundwater samples were collected at the Site in 1998 during a sewer line extension project for Irwin Creek. The samples were analyzed for VOCs, SVOCs, total and dissolved metals, pesticides, PCBs, and Total petroleum hydrocarbons (TPH). Results of the soil sampling indicated arsenic was detected at concentrations up to 234 mg/kg. Results of the groundwater sampling identified concentrations of cadmium, chromium, and lead at concentrations above the NCAC 15A .0202 2L Groundwater Quality Standards (2L Standards). In October 2001, the EPA issued a “No Further Remedial Action Planned” designation for the Site and transferred the management of impacts to the DEQ Inactive Hazardous Waste Site Priority List. Historical sample locations are shown in Figure 2. In November 2019, H&H completed soil gas assessment activities at the Site to evaluate potential structural vapor intrusion in the area of the future building footprint. Specifically, the assessment activities were conducted in the vicinity of a proposed elevator shaft, the results of which indicated no compounds were detected at concentrations above the DEQ Residential or Non-Residential Soil Gas Screening Levels (SGSLs). In addition, the DEQ risk calculator results indicated that calculated cumulative risk values for the soil gas to indoor air vapor intrusion pathway for resident Ms. Carolyn Minnich July 25, 2023 Page 4 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX and non-residential worker scenarios were within the acceptable carcinogenic risk of 1 x 10-4 to 1 x 10-6 and less and a hazard index of less than 1.0. On August 4, 2022, Magnus Capital and H&H participated in a conference call with DEQ Brownfields personnel to discuss the Site history, areas of potential environmental concern, proposed redevelopment plans, potential data gaps, and the scope of Brownfields assessment activities needed to address the data gaps. During the call, DEQ requested additional soil gas and soil assessment be completed prior to implementation of redevelopment activities. On May 23, 2023, H&H submitted a Work Plan to DEQ to address that request. On June 12, 2023, DEQ provided comments on the Work Plan. At that time, DEQ also provided H&H with a Draft Supplemental Subsurface Assessment report prepared by NOVA Engineering & Environmental, Inc. (NOVA) dated January 11, 2023. The Draft Supplemental Subsurface Assessment report documented groundwater, soil, and soil gas sampling activities completed at the Site in November 2022 as part of property transaction due diligence activities. Results of the assessment activities are briefly summarized below:  Groundwater assessment activities indicated tetrachloroethylene (PCE) and trichloroethylene (TCE) were detected above the 2L Standards in up to four samples (TMW-1, TMW-2, TMW-3, and/or TMW-9).  Soil assessment activities indicated Polycyclic Aromatic Hydrocarbons (PAHs, a subset of semi-volatile organce compounds [SVOCs]) benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, and dibenz(a,h)anthracene were detected above the Residential Preliminary Soil Remediation Goals (PSRGs) in a sample (N-6-1’) located south of the existing building. In addition, arsenic was detected above the Residential and Industrial/Commercial PSRGs in a sample (N-9-1’) collected from the central portion of the Site. The arsenic concentration (105 mg/kg) is greater than 20 times the hazardous characteristic threshold concentration for arsenic (i.e., Rule of 20 evaluation). Ms. Carolyn Minnich July 25, 2023 Page 5 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX  Soil gas assessment activities indicated benzene, ethylbenzene, PCE, and TCE were detected above the Residential Soil Gas Screening Levels (SGSLs) in up to four samples (SG-1, SG-2, SG-5, and a duplicate sample for SG-2 [Dup-1]). Based on the results of the Draft Supplemental Subsurface Assessment report and comments provided by DEQ to the original Work Plan, H&H is submitting this Revised Work Plan. Proposed Brownfields assessment activities are outlined in the following sections. 3.0 Brownfields Assessment Activities The proposed Brownfields assessment activities will be performed in general accordance with the DEQ Inactive Hazardous Sites Branch (IHSB) Guidelines for Assessment and Cleanup (Guidelines) dated September 2022, the DEQ Division of Waste Management (DWM) Vapor Intrusion Guidance dated March 2018, Brownfield’s Vapor Intrusion Assessment Work Plan & Report Checklist (VI Checklist) dated March 2023, and the most recent versions of the U.S. EPA Region IV Laboratory Services and Applied Science Division (LSASD) Field Branches Quality System and Technical Procedures guidance. Prior to conducting field activities, H&H will contact North Carolina 811 One-Call, the public utility locator service, to mark subsurface utilities at the Site. H&H will also team with a private utility locator to identify and mark locations of sub-grade utilities at the Site that may not be marked by the public locator. 3.1 Soil Assessment Activities H&H proposes to advance soil borings to evaluate potential impacts from historical operations at the Site relative to proposed redeveloped plans (i.e., areas of potential soil disturbance [cut]) for on-Site management and/or off-Site disposal purposes. As previously mentioned, proposed redevelopment plans for the Site include minimal ground disturbance for the construction of the residential and parking structure. As such, the proposed soil borings described below will be Ms. Carolyn Minnich July 25, 2023 Page 6 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX advanced to depths of up to 5.5 feet below ground surface (ft bgs). The approximate locations of the proposed soil borings in conjunction with the proposed redevelopment are shown on Figure 3. H&H proposes to advance each boring via a decontaminated stainless steel hand auger to depths up to approximately 5.5 ft bgs. Continuous soil samples will be collected from the borings and logged for lithological description and field screened for indication of potential impacts by observation for staining, unusual odors, and the presence of volatile organic vapors using a calibrated photoionization detector (PID). Soil borings will be advanced at the following locations for laboratory analyses, which are also described in Table 1: Grab Soil Samples  SB-1 will be advanced to approximately 5.0 ft bgs in the west-central portion of the Site in the vicinity of a proposed elevator shaft. If field observations indicate potential impacts based on elevated PID readings, staining, and/or petroleum/solvent odors, a sample will be collected from a 2-ft interval representative of the potential impacts. If no evidence of potential impacts is observed, soil from the boring will be collected from the surficial soil interval (approximately 1 to 2 ft bgs). The soil sample will be submitted for laboratory analysis of VOCs by EPA Method 8260, SVOCs by EPA Method 8270 and Resource Conservation and Recovery Act (RCRA) metals plus hexavalent chromium by EPA Methods 6020/7471/7199.  SB-7 will be advanced to approximately 5.0 ft bgs in the southern portion of the Site in the vicinity of previously identified PAH impacts (N-6-1’). If field observations indicate potential impacts based on elevated PID readings, staining, and/or petroleum/solvent odors, a sample will be collected from a 2-ft interval representative of the potential impacts. If no evidence of potential impacts is observed, soil from the boring will be collected from the interval of previously identified impacts (approximately 1 ft bgs). The soil sample will be submitted for laboratory analysis of VOCs by EPA Method 8260, SVOCs by EPA Method 8270 and RCRA metals plus hexavalent chromium by EPA Methods 6020/7471/7199. Ms. Carolyn Minnich July 25, 2023 Page 7 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX Composite Soil Samples  SB-2 (co-located with SG-2), SB-3 (co-located with SG-3), and SB-3 (co-located with SG- 4) will be advanced to approximately 5.5 ft bgs in the northern portion of the Site within the footprint of the proposed Site building. If field observations indicate potential impacts based on elevated PID readings, staining, and/or petroleum/solvent odors, a sample will be collected from a 2-ft interval representative of the potential impacts. If no evidence of potential impacts is observed, soils from the borings will be composited in aliquots (two per boring) to comprise Composite Soil Sample 1. The soil sample will be submitted for laboratory analysis of SVOCs by EPA Method 8270 and RCRA metals plus hexavalent chromium by EPA Methods 6020/7471/7199.  SB-5 (co-located with SG-5), and SB-6 (co-located with SG-6) will be advanced to approximately 5.5 ft bgs in the central portion of the Site within the footprint of the proposed Site building. If field observations indicate potential impacts based on elevated PID readings, staining, and/or petroleum/solvent odors, a sample will be collected from a 2-ft interval representative of the potential impacts. If no evidence of potential impacts is observed, soils from the borings will be composited in aliquots (two per boring) to comprise Composite Soil Sample 2. The soil sample will be submitted for laboratory analysis of SVOCs by EPA Method 8270 and RCRA metals plus hexavalent chromium by EPA Methods 6020/7471/7199.  Four borings will be advanced to approximately 5.0 ft bgs in the central portion of the Site in the vicinity of previously identified arsenic impacts (N-9-1’). If field observations indicate potential impacts based on elevated PID readings, staining, and/or petroleum/solvent odors, a sample will be collected from a 2-ft interval representative of the potential impacts. If no evidence of potential impacts is observed, soils from the borings will be composited in aliquots (two per boring) to comprise Composite Soil Sample 3. The soil sample will be submitted for laboratory analysis of SVOCs by EPA Method 8270 and RCRA metals plus hexavalent chromium by EPA Methods 6020/7471/7199. Additionally, the laboratory will be instructed to hold the samples for analysis of Toxicity Characteristic Leaching Procedure (TCLP) metals by EPA Methods 6020B and 1311 Ms. Carolyn Minnich July 25, 2023 Page 8 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX pending further instruction from H&H. If a RCRA metal is detected in the sample above 20 times the hazardous characteristic threshold concentration (for that respective metal), the laboratory will be instructed to analyze the sample for TCLP. For instance, if total arsenic is detected in the sample above 100 mg/kg, the laboratory will be instructed to analyze the sample for TCLP arsenic. In addition to the composite soil samples described above, two representative grab soil samples will be collected for analysis of VOCs. Based on the results of field screening, a grab soil sample will be collected from the aliquot exhibiting the highest likelihood for impact in each composite area. If field screening results do not identify the obvious presence of impacts in an aliquot soil sample, the grab samples will be collected from the interval with the highest PID reading. The grab soil samples will be submitted for laboratory analysis of VOCs by EPA Method 8260. Soil samples will be placed in dedicated laboratory-supplied sample containers, labeled with the sample identification, date, and requested analysis, and placed in a laboratory-supplied cooler with ice. The soil samples will then be submitted to a North Carolina-certified laboratory, Eurofins Scientific (Eurofins), under standard chain of custody protocols for analyses as described above. Information pertaining to Eurofins’ certifications and accreditations is provided in Appendix B. Following sampling activities at each location, including the collection of soil gas samples as discussed in Sections 3.2 the soil borings will be properly abandoned with soil cuttings and/or bentonite and the surface will be repaired similarly to pre-sampling conditions. Additionally, the soil sample locations will be recorded using a hand-held GPS unit. 3.2 Vapor Intrusion Assessment Activities H&H proposes to conduct sub-slab and exterior soil gas assessment activities to evaluate the potential for structural vapor intrusion into the future Site structure. The approximate locations of the proposed soil gas samples SG-2 through SG-6 in conjunction with the proposed redevelopment plan are shown on Figure 3, and previously described in Section 3.1 with their co-located soil Ms. Carolyn Minnich July 25, 2023 Page 9 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX borings. In addition, two sub-slab vapor samples (SSV-1 and SSV-2) will be collected from the existing Site building. H&H proposes to install each sub-slab gas monitoring point by using a hammer drill and 5/8-inch diameter decontaminated drill bit to advance the boring through the concrete slab. Slab thicknesses and sub-slab materials (i.e., soil, gravel, etc.) will be documented at each location. Following concrete borehole advancement, loose concrete cuttings will be removed from the boring using a bottlebrush and vacuum with a high-efficiency particulate air (HEPA) filter. A Cox-Colvin Vapor Pin™ (vapor pin) assembly (brass sampling point and silicone sleeve) will be seated in the borehole using an installation/extraction tool and hammer. The vapor pin will be connected at the surface with ¼-inch new and dedicated Teflon® tubing and will be installed as temporary sub-slab gas points. Sample points will be allowed to equilibrate for at least two hours following installation. H&H proposes to install each soil gas point to a depth of approximately 5.5 ft bgs using a decontaminated stainless steel hand auger. The soil gas points will each be installed with a 6-inch long 0.010-inch slot stainless steel screen set at the base of the boring connected to the surface with ¼-inch new and dedicated Teflon® tubing. The annular space will be filled with filter sand followed by a bentonite seal to prevent short-circuiting of air from the surface. The soil gas points will be installed as temporary points and will be allowed to equilibrate for a minimum of 48 hours after installation and prior to sample collection described below. Prior to vapor sampling activities, a leak check will be conducted by constructing a shroud around the sample train at each soil gas and flooding the air with helium gas. Helium concentrations inside the shroud will be measured using a calibrated helium gas detector and maintained at concentrations of approximately 10% to 20% for the duration of the leak check. Using a syringe and three-way valve, a minimum of three sample train volumes (including both the tubing and annulus) will be purged at a maximum flow rate of 200 mL/min, and a sample will be collected from the sample tubing outside the shroud into a Tedlar bag and analyzed using the helium gas detector to ensure that helium concentrations are less than 10% of the helium concentrations measured within the shroud. Note that the helium meter will not be connected to the sampling Ms. Carolyn Minnich July 25, 2023 Page 10 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX train, as it is used independently to measure helium within the shroud and from a Tedlar bag that is connected to the sampling train. Following a successful leak check, the samples will be collected using batch-certified 1-liter or 3- liter stainless steel Summa® canisters connected to an air-flow regulator calibrated by the laboratory for collection of a sample at a rate of up to approximately 200 milliliters per minute. To conduct the sampling, the intake valve on the Summa® canister will be fully opened to begin collection of the sample and vacuum readings on the Summa® canister will be recorded prior to and following the sampling period to ensure adequate sample volume was collected. A vacuum will be maintained within the canisters at the conclusion of the sampling event, and vacuum measurements which include pre- and post-sampling, and sample collection time durations will be recorded on the chain-of-custody. Canisters that have lost greater than 10% of their vacuum as determined by comparing the vacuum recorded by the laboratory prior to shipment and the vacuum recorded in the field during the leak test procedures will not be used for sampling. In addition, a minimum of vacuum of approximately five inches of mercury will be maintained on the sample canisters until the conclusion of the sampling event. After sample collection, the intake valve will be closed, and the regulator will be disconnected from the sample canister. The canisters will be placed in laboratory supplied shipping containers, properly labeled, and shipped under standard chain-of-custody protocols to Eurofins for analysis of VOCs by EPA Method TO-15. Table 1 summarizes the proposed soil gas samples and associated analyses. Information pertaining to Eurofins’ certifications and accreditations for TO- 15 (North Carolina does not provide TO-15 certifications) is provided in Appendix B. Upon completion of sampling activities, exterior soil gas and sub-slab gas point locations will be recorded in the field using a hand-held GPS unit. The exterior soil gas and sub-slab gas points will then be properly abandoned and surfaces will be repaired to generally match pre-sampling conditions. Ms. Carolyn Minnich July 25, 2023 Page 11 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX 3.3 Quality Assurance/Quality Control Samples Non-dedicated equipment and tools will be decontaminated prior to use at each boring or sampling location or following exposure to soil and/or soil gas samples. Decontamination of non-dedicated equipment will follow U.S. EPA Region IV guidance (LSASDPROC-205-R4) and will consist of wiping the equipment clean, a water-rinse of the equipment, washing the equipment in water and detergent (i.e., Liquinox® or Luminox®), and a final rinse with water. The process will be repeated for grossly contaminated non-dedicated equipment. For quality assurance and quality control purposes (QA/QC), and to evaluate the reproducibility of the sample results, H&H will collect the following: 1) one duplicate soil sample; 2) one duplicate soil gas sample. The duplicate samples will be submitted for the same laboratory analysis as their respective parent samples. For the duplicate soil gas sample, H&H will utilize a laboratory- supplied “T-sampler” which allows for the collection of two samples from the same location simultaneously. Per laboratory standard operating procedures, a vacuum of approximately five inches of mercury will be maintained within all canisters at the conclusion of the sampling event. Laboratory QA/QC procedures will be employed to ensure appropriate sample handling and analysis and to aid in the review and validation of the analytical data. QA/QC procedures will be conducted in accordance with the method protocols and will include regular equipment maintenance, equipment calibrations, and adherence to specific sample custody and data management procedures. Samples will be analyzed in conjunction with appropriate blanks, laboratory duplicates, continuing calibration standards, surrogate standards, and matrix spiking standards in accordance with approved methodologies to monitor both instrument and analyst performance. Laboratory reporting limits for each analyte will be at or below appropriate screening criteria, where possible. Additionally, H&H will request that the laboratory include estimated concentrations for compounds that are detected at levels above the laboratory method detection limit, but below the laboratory reporting limit (i.e., J flags). The laboratory analytical data report and QA package for each group of samples submitted to and analyzed by the subcontracted laboratory will be provided in an appendix to the final report. Ms. Carolyn Minnich July 25, 2023 Page 12 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX Laboratory QA data consistent with Level II documentation will be requested for this project. A copy of the completed chain-of-custody record and shipping receipt will be appended to the corresponding laboratory analytical report included with the final report. 3.4 Investigation Derived Waste (IDW) Investigation derived waste (IDW) generated during the assessment activities will be thin spread on-Site. However, if significant impacts are suspected (i.e., high PID readings, free-product, etc.), the soil cuttings generated will be containerized in 55-gallon drums and staged on-Site pending analytical results of composite IDW samples. 3.5 Reporting Following completion of the assessment activities and receipt of the analytical data, H&H will document our findings in a Brownfields Assessment Report. The report will include a description of the sampling activities, pertinent figures (with appropriate graphic scale and north arrow) depicting sample locations, tabulated sample data (reported to less than the reporting limit and compared to applicable regulatory screening levels), soil boring logs (including soil gas monitoring points), laboratory analytical data, a discussion of the data in comparison to applicable regulatory screening levels with notes where the reporting limit exceeds the regulatory screening level, risk calculations, IDW manifests (if applicable), and conclusions and recommendations concerning our activities. The report will also include information provided in NOVA’s Draft Supplemental Subsurface Assessment report, including sampling results and locations. The Brownfields Assessment Report will be sealed by a North Carolina Professional Engineer (PE) or Licensed Geologist (LG) and the firm PE/LG numbers will be provided. Ms. Carolyn Minnich July 25, 2023 Page 13 https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Final to DEQ/Rev Work Plan_Cherokee Oil.DOCX Please contact us if you have any questions or require additional information. Sincerely, Hart & Hickman, PC #C-1269 Engineering #C-245 Geology Justin Ballard, PG Jeffrey Ollison Project Manager Project Environmental Scientist NC Professional Geologist #2257 Project Contact Information Property Owner Brownfields Project Manager Environmental Consultant Magnus Capital Vishal Arora (646) 790-5838 va@MagnusCapitalPartners.com Ms. Carolyn Minnich (704) 661-0330 Carolyn.Minnich@ncdenr.gov Hart & Hickman, PC Mr. Justin Ballard (919) 723-2507 jballard@harthickman.com Attachments Table Table 1Proposed Sampling PlanCherokee Oil Brownfields Property935 S. Summit AvenueCharlotte, North CarolinaH&H Job No. MGN-004SVOCs RCRA Metals TCLP RCRA Metals Hexavalent ChromiumEPA 8260D EPA TO-15 EPA 8270E EPA 6020/7471 EPA 6020B and 1311 EPA 7199SB-1 TBD Soil disturbance in the vicinity of a proposed elevator shaft X X X XSB-7 TBD Confirmation of previously identified PAH impacts. X X X XSB-2/SG-2SB-3/SG-3SB-4/SG-4SB-5/SG-5SB-6/SG-6Composite Soil Sample 3 ~5.0 Confirmation of previously identified arsenic impacts X (Grab) X X X XField Duplicate TBD QA/QC X (Grab) X X X XSSV-1 ~0.5XSSV-2 ~0.5XSG-2/SB-2 ~5.5XSG-3/SB-3 ~5.5XSG-4/SB-4 ~5.5XSG-5/SB-5 ~5.5XSG-6/SB-6 ~5.5XField Duplicate TBD QA/QC X686 6 2 6Notes:VOCs = volatile organic compounds; SVOCs = semi-volatile organic compounds; RCRA = Resource Conservation and Recovery ActTBD = parent sample to be determined; QA/QC = quality assurance/quality control; ft bgs = feet below ground surface; N/A = not applicableTOTAL SOIL, SUB-SLAB VAPOR, SOIL GAS, AND QA/QC SAMPLESSample Depth(ft bgs)Sample Objective~5.5 (Composite Soil Sample 1)~5.5 (Composite Soil Sample 2)Soil disturbance in future building footprintSoil disturbance in future building footprintWithin the proposed building footprintWithin the existing Site buildingAnalysesSoil SamplesSub-Slab Vapor and Soil Gas SamplesVOCsSample IDX (Grab)X (Grab)XXXXXXhttps://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/Magnus Capital Partners (MGN)/004 935 S. Summit Avenue, Charlotte/Additional Brownfields Assessment/Workplan/Table7/25/2023Table 1 (Page 1 of 1)Hart & Hickman, PC Figures USGS The National Map: National Boundaries Dataset, 3DEP ElevationProgram, Geographic Names Information System, National HydrographyDataset, National Land Cover Database, National Structures Dataset, andNational Transportation Dataset; USGS Global Ecosystems; U.S. CensusBureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.Department of State Humanitarian Information Unit; and NOAA NationalCenters for Environmental Information, U.S. Coastal Relief Model. Datarefreshed June, 2022. SITE LOCATION MAP CHEROKEE OIL935 S. SUMMIT AVENUECHARLOTTE, NORTH CAROLINA DATE: 3-16-23 JOB NO: MGN-004 REVISION NO: 0 FIGURE NO: 1 2923 South Tryon Street - Suite 100Charlotte, North Carolina 28203704-586-0007 (p) 704-586-0373 (f)License # C-1269 / # C-245 Geology TITLE PROJECT 0 2,000 4,000 SCALE IN FEET SITE Path: S:\AAA-Master Projects\Magnus Capital Partners (MGN)\004 935 S. Summit Avenue, Charlotte\Additional Brownfields Assessment\Workplan\Figures\Figure-1.mxdN U.S.G.S. QUADRANGLE MAP CHARLOTTE EAST, NORTH CAROLINA 2022 QUADRANGLE7.5 MINUTE SERIES (TOPOGRAPHIC) SG-1 FS-I GP2-02 GP3-02 FS-J FS-K FS-F GP1W GP2W GP3W GP4W REVISION NO. 0 JOB NO. MGN-004 DATE: 3-16-23 FIGURE NO. 2 CHEROKEE OIL 935 S. SUMMIT AVENUE CHARLOTTE, NORTH CAROLINA SITE MAP LEGEND BROWNFIELDS PROPERTY BOUNDARY PARCEL BOUNDARY IRWIN CREEK SEWER RIGHT-OF-WAY PROPOSED BUILDING FOOTPRINT EXISTING BUILDING AND ASSOCIATED FENCE ENCLOSURE TO BE DEMOLISHED HISTORICAL SOIL SAMPLE LOCATION (CAMP DRESSER MCKEE, 1998) HISTORICAL GROUNDWATER SAMPLE LOCATION (CAMP DRESSER MCKEE, 1998) HISTORICAL SOIL SAMPLE LOCATION (EPA, 1993) SOIL GAS SAMPLE LOCATION (H&H, 2019) 2923 South Tryon Street-Suite 100 Charlotte, North Carolina 28203 704-586-0007(p) 704-586-0373(f) License # C-1269 / #C-245 Geology PROPOSED ELEVATOR SHAFT BRYANT S T R E E T S. SUMMIT AVENUEIRWIN CREEK PARKING LOT (1307 W. MOREHEAD STREET) PARKING LOT (1425 BRYANT STREET) GRINNELL WATER WORKS BUILDING (FORMERLY GRINNELL SUPPLY SALES CO.) (1435 W. MOREHEAD STREET)INTE R S T A T E 77 ARLO APARTMENTS (FORMERLY SOUTHERN APARTMENTS/ COCA COLA BOTTLING COMPANY/WESLEY TEXACO SERVICE) (1331 W. MOREHEAD STREET, 1401 W. MOREHEAD STREET, AND 829 S. SUMMIT AVENUE)S:\AAA-Master Projects\Magnus Capital Partners (MGN)\004 935 S. Summit Avenue, Charlotte\Additional Brownfields Assessment\Workplan\Figures\MGN.004_SITE.dwg, FIG 2, 3/20/2023 11:13:00 AM, shaynes SG-1 FS-I GP2-02 GP3-02 FS-J FS-K FS-F GP1W GP2W GP3W GP4W REVISION NO. 0 JOB NO. MGN-004 DATE: 7-25-23 FIGURE NO. 3 CHEROKEE OIL 935 S. SUMMIT AVENUE CHARLOTTE, NORTH CAROLINA PROPOSED SAMPLE LOCATION MAP LEGEND BROWNFIELDS PROPERTY BOUNDARY PARCEL BOUNDARY IRWIN CREEK SEWER RIGHT-OF-WAY PROPOSED BUILDING FOOTPRINT EXISTING BUILDING AND ASSOCIATED FENCE ENCLOSURE TO BE DEMOLISHED HISTORICAL SOIL SAMPLE LOCATION (CAMP DRESSER MCKEE, 1998) HISTORICAL GROUNDWATER SAMPLE LOCATION (CAMP DRESSER MCKEE, 1998) HISTORICAL SOIL SAMPLE LOCATION (EPA, 1993) SOIL GAS SAMPLE LOCATION (H&H, 2019) PROPOSED SOIL GAS AND COMPOSITE SOIL SAMPLE ALIQUOT LOCATION PROPOSED SUB-SLAB VAPOR SAMPLE LOCATION PROPOSED GRAB SOIL SAMPLE LOCATION PROPOSED COMPOSITE SOIL ALIQUOT LOCATION 2923 South Tryon Street-Suite 100 Charlotte, North Carolina 28203 704-586-0007(p) 704-586-0373(f) License # C-1269 / #C-245 Geology PROPOSED ELEVATOR SHAFT BRYANT S T R E E T S. SUMMIT AVENUEIRWIN CREEK PARKING LOT (1307 W. MOREHEAD STREET) PARKING LOT (1425 BRYANT STREET) GRINNELL WATER WORKS BUILDING (FORMERLY GRINNELL SUPPLY SALES CO.) (1435 W. MOREHEAD STREET)INTE R S T A T E 77 ARLO APARTMENTS (FORMERLY SOUTHERN APARTMENTS/ COCA COLA BOTTLING COMPANY/WESLEY TEXACO SERVICE) (1331 W. MOREHEAD STREET, 1401 W. MOREHEAD STREET, AND 829 S. SUMMIT AVENUE) SG-6/SB-6 SG-5/SB-5 SG-4/SB-4 SG-3/SB-3 SG-2/SB-2 COMPOSITE SOIL SAMPLE 1 COMPOSITE SOIL SAMPLE 2 COMPOSITE SOIL SAMPLE 3 SSV-1 SSV-2 SB-7 SB-1 S:\AAA-Master Projects\Magnus Capital Partners (MGN)\004 935 S. Summit Avenue, Charlotte\Additional Brownfields Assessment\Workplan\Figures\MGN.004_SITE.dwg, FIG 3, 7/25/2023 9:03:25 AM, shaynes Appendix A Redevelopment Plans SHEET TITLE: SHEET NO.PROJ. NO. DRAWN BY: PROJECT ARCHITECT: PRINCIPAL IN CHARGE: SHEET ISSUE: A 1 2 3 4 5 1 2 3 4 5ALL DRAWINGS, SPECIFICATIONS AND COPIES THEREOF FURNISHED BY MCMILLAN PAZDAN SMITH ARCHITECTURE ARE AND SHALL REMAIN THE PROPERTY OF MCMILLAN PAZDAN SMITH ARCHITECTURE. THESE MATERIALS ARE TO BE USED ONLY WITH RESPECT TO THIS PROJECT AND NOT TO BE USED WITH ANY OTHER PROJECT. WITH THE EXCEPTION OF ONE CONTRACT SET FOR EACH PARTY TO THE CONTRACT, SUCH DOCUMENTS ARE TO BE RETURNED OR SUITABLY ACCOUNTED FOR TO MCMILLAN PAZDAN SMITH ARCHITECTURE UPON COMPLETION OF THE PROJECT. SUBMISSION OR DISTRIBUTION TOMEET OFFICIAL REGULATORY REQUIREMENTS OR FOR OTHER PURPOSES IN CONNECTION WITH THE PROJECT IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF MCMILLAN PAZDAN SMITH'S COMMON LAW COPYRIGHT OR OTHER RESERVED RIGHTS. COPYRIGHT 2016 MCMILLAN PAZDAN SMITH -ALL RIGHTS RESERVEDCONSULTANT LOGO B C D SEALS NOT FOR CONSTRUCTION4/24/2023 11:14:47 AMAutodesk Docs://019300.01_South Summit Charlotte Residential/Arch_935 S.Summit Ave_R23.rvtMASSING AP101 019300.00 Author915 S. SUMMIT AVECHARLOTTE, NCMAGNUS CAPITAL PARTNERSBJ JP NO. DATE DESCRIPTION BY AP101 1 ORIGINAL DESIGN SCHEME A UP UP UP UP UP UP UP UP TELECOM ELEC MECH PROJECT NORTH EXTERIOR BALCONY STAIR 1 STAIR 2 STORAGE 2B/2b 1B/1b Studio 9 10 4PER FLOOR58 66 26TOTAL COUNTGYM ROOF DECK MECH / HVAC EQUIP MECH PUMP ROOM TELECOM ELEC TRX/WEIGHTS PROJECT NORTH ALUMINUM METAL ROOF CANOPY ABOVE LOUNGE STAIR 1 STAIR 2 YOGA/ STRETCH MENS WOMENS WOMENS SHOWERSMENS SHOWERS CORRIDOR 12" TALL STAINLESS STEEL GUARDRAIL 12" TALL STAINLESS STEEL GUARDRAIL CORRIDOR STORAGE LEASING OFFICE MAIL PARKING GARAGE EXIT LOADING DOCK BRYANT STREET S SUMMIT AVENUEPROJECT NORTH BIKE STORAGE GATE PARKING GARAGE ENTRY AND EXIT MAIL ROOM TRASH ROOM DRY SPRINKLER ENTRY PLAZA ASSEMBLED STAIR, ACCESS TO BUILDING SERVICES RAMP EXIT ACCESS WALKWAY 17 CMPT SPACES 1' - 0" -3' - 0" ENGINEER OFFICE 11 SPACES 9 SPACES 15 SPACES 4 SPACES3 CMPT SPACES 3 CMPT SPACES 6 SPACES LOWER LOBBY ELEVATOR LOBBY STAIR 1 STAIR 2 CORRIDOR 5/8" / 12"MECH OUTLINE OF SLAB ABOVE UNISEX ENTRY 104B SHEET TITLE: SHEET NO.PROJ. NO. DRAWN BY: PROJECT ARCHITECT: PRINCIPAL IN CHARGE: SHEET ISSUE: A 1 2 3 4 5 1 2 3 4 5ALL DRAWINGS, SPECIFICATIONS AND COPIES THEREOF FURNISHED BY MCMILLAN PAZDAN SMITH ARCHITECTURE ARE AND SHALL REMAIN THE PROPERTY OF MCMILLAN PAZDAN SMITH ARCHITECTURE. THESE MATERIALS ARE TO BE USED ONLY WITH RESPECT TO THIS PROJECT AND NOT TO BE USED WITH ANY OTHER PROJECT. WITH THE EXCEPTION OF ONE CONTRACT SET FOR EACH PARTY TO THE CONTRACT, SUCH DOCUMENTS ARE TO BE RETURNED OR SUITABLY ACCOUNTED FOR TO MCMILLAN PAZDAN SMITH ARCHITECTURE UPON COMPLETION OF THE PROJECT. SUBMISSION OR DISTRIBUTION TOMEET OFFICIAL REGULATORY REQUIREMENTS OR FOR OTHER PURPOSES IN CONNECTION WITH THE PROJECT IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF MCMILLAN PAZDAN SMITH'S COMMON LAW COPYRIGHT OR OTHER RESERVED RIGHTS. COPYRIGHT 2016 MCMILLAN PAZDAN SMITH -ALL RIGHTS RESERVEDCONSULTANT LOGO B C D SEALS NOT FOR CONSTRUCTION4/24/2023 11:14:25 AMAutodesk Docs://019300.01_South Summit Charlotte Residential/Arch_935 S.Summit Ave_R23.rvtTYPICAL APARTMENT FLOOR PLAN AP100 019300.00 Author915 S. SUMMIT AVECHARLOTTE, NCMAGNUS CAPITAL PARTNERSBJ JP NO. DATE DESCRIPTION BY 1" = 20'-0"AP100 1 TYPICAL APARTMENT FLOOR PLAN 1" = 20'-0"AP100 2 LEVEL 13 -AMENITIES 1" = 20'-0"AP100 3 LEVEL 1 -PARKING SCHEME A 76 86 34 196TOTAL 207'-5 1/2"1" = 20'-0"AP100 1 TYPICAL APARTMENT FLOOR PLAN135'-4 3/4"62'-10 1/2"52'-1"44'-1/2"38'-9"56'-4 1/4"44'-6 1/2"36'-8 3/4"18'-11"14'-8 1/4"14'-8 1/4" 200'-3 1/2"23'-11 3/4"29'-9 1/4" C B A SHEET TITLE: SHEET NO.PROJ. NO. DRAWN BY: PROJECT ARCHITECT: PRINCIPAL IN CHARGE: SHEET ISSUE: A 5 4 3 2 1 5 4 3 2 1ALL DRAWINGS, SPECIFICATIONS AND COPIES THEREOF FURNISHED BY MCMILLAN PAZDAN SMITH ARCHITECTURE ARE AND SHALL REMAIN THE PROPERTY OF MCMILLAN PAZDAN SMITH ARCHITECTURE. THESE MATERIALS ARE TO BE USED ONLY WITH RESPECT TO THIS PROJECT AND NOT TO BE USED WITH ANY OTHER PROJECT. WITH THE EXCEPTION OF ONE CONTRACT SET FOR EACH PARTY TO THE CONTRACT, SUCH DOCUMENTS ARE TO BE RETURNED OR SUITABLY ACCOUNTED FOR TO MCMILLAN PAZDAN SMITH ARCHITECTURE UPON COMPLETION OF THE PROJECT. SUBMISSION OR DISTRIBUTION TOMEET OFFICIAL REGULATORY REQUIREMENTS OR FOR OTHER PURPOSES IN CONNECTION WITH THE PROJECT IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF MCMILLAN PAZDAN SMITH'S COMMON LAW COPYRIGHT OR OTHER RESERVED RIGHTS. COPYRIGHT 2016 MCMILLAN PAZDAN SMITH -ALL RIGHTS RESERVEDCONSULTANT LOGO B C D SEALS 4/24/2023 10:26:04 AMP:\CLT\019300.01 - 935 South Summit Charlotte Residential\Drawings\_Central Model\Scheme 2_Study.rvtMASSING DIAGRAM AP102 NOT SET Author915 S. SUMMIT AVECHARLOTTE, NCNOT SET NOT SETMAGNUS CAPITAL PARTNERSNO. DATE DESCRIPTION BYAP102 1 VIEW C AP102 2 VIEW B AP102 3 VIEW A KEY PLAN SCHEME B C B A KEY PLAN AP102 1 VIEW C AP102 2 VIEW B AP102 3 VIEW A KEY PLAN W WG POOL DECK 1319 SF LOUNGE 1100 SF GYM 892 SF MAIL ROOM BR 113 BR 115 COWORKING 116 FFE= 0'-0" FFE= 4'-0"SLOPE UP TO LEVEL 2SLOPE UP TO 4'-0" FFE= 0'-0"SLOPE UP TO 4'-0"24' - 0" 960 SF LOBBY 2B/2b 1B/1b Studio 8 8 5 109 111 68 288PER FLOORFLOORS 5-18TOTAL DECK PARKING (4 LEVELS) SURFACE PARKING 330 47 397 377TOTAL PARKING PROVIDED PARKING REQ FOR 1 SPACE/BED SHEET TITLE: SHEET NO.PROJ. NO. DRAWN BY: PROJECT ARCHITECT: PRINCIPAL IN CHARGE: SHEET ISSUE: A 5 4 3 2 1 5 4 3 2 1ALL DRAWINGS, SPECIFICATIONS AND COPIES THEREOF FURNISHED BY MCMILLAN PAZDAN SMITH ARCHITECTURE ARE AND SHALL REMAIN THE PROPERTY OF MCMILLAN PAZDAN SMITH ARCHITECTURE. THESE MATERIALS ARE TO BE USED ONLY WITH RESPECT TO THIS PROJECT AND NOT TO BE USED WITH ANY OTHER PROJECT. WITH THE EXCEPTION OF ONE CONTRACT SET FOR EACH PARTY TO THE CONTRACT, SUCH DOCUMENTS ARE TO BE RETURNED OR SUITABLY ACCOUNTED FOR TO MCMILLAN PAZDAN SMITH ARCHITECTURE UPON COMPLETION OF THE PROJECT. SUBMISSION OR DISTRIBUTION TOMEET OFFICIAL REGULATORY REQUIREMENTS OR FOR OTHER PURPOSES IN CONNECTION WITH THE PROJECT IS NOT TO BE CONSTRUED AS PUBLICATION IN DEROGATION OF MCMILLAN PAZDAN SMITH'S COMMON LAW COPYRIGHT OR OTHER RESERVED RIGHTS. COPYRIGHT 2016 MCMILLAN PAZDAN SMITH -ALL RIGHTS RESERVEDCONSULTANT LOGO B C D SEALS 4/24/2023 10:26:02 AMP:\CLT\019300.01 - 935 South Summit Charlotte Residential\Drawings\_Central Model\Scheme 2_Study.rvtSCHEME 2 FLOOR PLANS AP101 NOT SET Author915 S. SUMMIT AVECHARLOTTE, NCNOT SET NOT SETMAGNUS CAPITAL PARTNERSNO. DATE DESCRIPTION BY 1" = 20'-0"AP101 1 TYPICAL RESIDENTIAL FLOOR PLAN 1" = 20'-0"AP101 2 LEVEL 5 -AMENITY PLAN 1" = 20'-0"AP101 3 GROUND FLOOR PARKING PLAN SCHEME B B BRYANT STREET S. SUMMIT AVENUE207'-8"187'-11"208'-1"67'-7"187'-11" 187'-11" 67'-7" Appendix B Laboratory Certifications and Accreditations