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HomeMy WebLinkAbout07028 CLT Tank Dec Memo_202307311 CLT Tank Truck/07028-03-060/31July2023 DECISION MEMORANDUM DATE: July 31, 2023 FROM: Carolyn Minnich TO: BF Assessment File RE: Amendment Charlotte Tank Trucks Charlotte, Mecklenburg County BF # 07028-03-060 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, warehousing, parking, industrial, beverage or food production facility institutional, hotel, open space, recreation, entertainment, and, subject to DEQ’s prior written approval, other commercial uses, can be made suitable for such uses. Introduction: The existing property owner, AWTborder, LLC, is requesting an amendment to expand the allowable uses on the Brownfields Property. The Charlotte Tank Truck Brownfields property located at 2200 Border Drive in Charlotte, Mecklenburg County, North Carolina (subject Site or Site). The Site consists of one approximately 2.23-acre parcel (Mecklenburg County Parcel ID 0705118) of land that is developed with an approximately 97,100 square foot (sq ft) industrial building. The Site is located in Wesley Heights neighborhood west of Uptown Charlotte, and downgradient of the Berryhill-Thrift Road and Fleming Laboratories-RFRU Brownfields properties (Brownfields Project Nos. 21061-17-060 and 16041- 12-060, respectively). On April 5, 2007, a Notice of Brownfields Property was recorded in Book 22030, Pages 321-350 and Plat Book 47, Pages 915-916, at the Mecklenburg County Register of Deeds for this Brownfields Property. On August 24, 2022, an amendment letter from the property owner to DEQ was submitted requesting the Brownfields Agreement be amended to authorize high density residential, office, retail, restaurant, warehousing, parking, industrial, beverage or food production facility, institutional, hotel, open space, recreation, entertainment, and, subject to DEQ’s prior written approval, other commercial uses. On October 4, 2022, a virtual 2 CLT Tank Truck/07028-03-060/31July2023 meeting was conducted with H&H, the property owner, the property owner’s environmental counsel, and a prospective buyer’s counsel and DEQ Brownfields personnel to discuss the project. Redevelopment Plans: Proposed redevelopment plans include razing the existing building and minimal ground disturbance for the construction of a seven-story high density residential structure with associated amenity spaces and a two-story approximately 65,000 sq ft parking garage. The ground floor of the proposed structure will predominantly consist of a podium construction parking garage with a small amenity/common area space located in the eastern portion of the Brownfields property. There will not be any ground floor residential units. The upper floors (i.e., floors 3-7) of the proposed building will consist of approximately 205,000 sq ft of residential space. Note, the 4 loft units are no longer proposed to be on the ground level. Site History: From the 1940s until 1968, the Charlotte Tank Corporation manufactured tanks and assembled tank trucks at the Site. Trinity Industries continued tank manufacturing and assembly operations at the Site from 1968 until approximately 1970 following their acquisition of the Charlotte Tank Corporation. Trinity Industries continued assembly operations until 1971, when the business was sold to Charlotte Tank Trucks, Inc. From 2002 through 2016, W. R. Deal Holdings, LLC utilized the Site for a tanker truck chassis repair business. The Site is currently occupied by Atlantic Wood & Timber, LLC, a multi-family residential framer. 3 CLT Tank Truck/07028-03-060/31July2023 Potential Receptors: Potential receptors are: construction workers, on-site workers, future residents, visitors, animals (dog park), trespassers, Contaminated Media: DEQ has evaluated data collected from the following media at the subject property: soil, groundwater, sub-slab soil vapor and exterior soil gas vapor. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. Please see the Amendment for specific sample locations, dates, and contaminants of concern (COCs). Risk Calculations: Risk calculations were performed using the July 2022 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, residual soil (based on confirmatory soil data), exterior soil gas, and sub-slab vapor 4 CLT Tank Truck/07028-03-060/31July2023 Soil Results of soil assessment activities indicate low levels of arsenic, hexavalent chromium and PAHs benzo(a)anthracene, benzo(a)pyrene, and benzo(b)fluoranthene were detected at concentrations above the Residential PSRGs in select soil samples. In addition, no VOCs were detected above PSRGs. As expected, naturally-occurring levels of metals were detected at concentrations above laboratory MDLs in each soil sample; however, the detected concentrations are consistent with naturally occurring levels in Charlotte region. Groundwater Results of recent and historical groundwater assessment activities have identified the presence of VOCs and SVOCs at concentrations above the 2L Standards. These compounds include VOCs benzene, 1,1-dichloroethane, cis-1,2-dichloroethylene, tetrachloroethylene (PCE), and vinyl chloride; and PAHs benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, and ideno(1,2,3-cd)pyrene. Surface Water Surface water is not located on nor borders the Brownfields Property. Vapor Results of vapor intrusion assessment activities indicate benzene, ethylbenzene, and vinyl chloride were detected at concentrations above the Residential SGSLs. TCE was not detected above the laboratory MDL in any of the sub-slab vapor or soil gas samples. To further evaluate potential vapor intrusion risks for the existing and proposed Site building, H&H utilized the DEQ Risk Calculator to evaluate hypothetical worst-case potential vapor intrusion risks for the soil gas to indoor air pathway under residential and non-residential use scenarios. Calculated cumulative risks for current and/or future residents and non-residential workers are within the acceptable carcinogenic risk of less than 1.0 x 10-4 and less than a hazard index of 1.0. As such, there does not appear to be an unacceptable vapor intrusion risk to current or future Site users. DEQ Brownfields completed the risk calculator for worst case scenario and the results are below. 5 CLT Tank Truck/07028-03-060/31July2023 6 CLT Tank Truck/07028-03-060/31July2023 Site plan with sampling locations for all media. Land Use Restrictions: The existing LURs are superseded and current LURs have been added. 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. Based on the site-specific data provided to the Brownfield Redevelopment Section, 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. Initial soil gas samples indicated HI between 0.1 and 1. No Trichloroethylene concentrations detected on the property. Tetrachloroethylene concentrations detected in groundwater, not soil or soil gas.