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Home My WebLink About26018 McLaurin Trucking II Decision Memo 202311011 McLaurin Trucking II/26018-22-060/20231101 DECISION MEMORANDUM DATE: November 1, 2023 FROM: Bill Schmithorst TO: BF Assessment File RE: McLaurin Trucking Company II 2600 N. Tryon Street Charlotte, Mecklenburg County BF # 26018-22-060 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, parking, and with the North Carolina Department of Environmental Quality written approval, other commercial uses, can be made suitable for such uses. Introduction: The Prospective Developer (PD) is CRP/AR Prose NoDa Owner, L.L.C. a limited liability company headquartered at 200 Providence Road, Suite 250, Charlotte, NC. The Brownfields Property consists of one parcel (08302307) totaling approximately 3.5 acres. The buildings on the Brownfields Property have been demolished. Redevelopment Plans: The PD intends to develop the property with a multi-story apartment building and parking garage. Site History: The Brownfields Property consisted of agricultural land as of at least 1938. By 1944, a trucking terminal and associated repair shop were constructed at the property. In the late 1960s or early 1970s, the repair shop was demolished. The trucking company operated at the Brownfields Property until at least the 1980s. In the late 1990s, the terminal building was demolished, and a USPS post office building was constructed. The USPS facility was demolished in the mid-2010s, and the Brownfields Property has since been vacant. Leaking Underground Storage Tank (UST) Incident No. 12196 In March 1994, one 10,000‐gallon diesel UST, two 5,000‐gallon diesel USTs, and one 550‐gallon fuel oil UST were removed from the eastern portion of the Brownfields Property. Approximately 664 cubic yards of diesel‐impacted soil were excavated, stockpiled, treated on‐Site via bioremediation, and spread at an unspecified location. Subsequent assessment activities in 1998 did not indicate soil impacts at former diesel USTs above residential Preliminary Soil Remediation Goals (PSRGs). 1,2‐Dichloroethane, isopropyl ether, volatile petroleum hydrocarbons, and lead were detected in groundwater at concentrations above the North Carolina 2L Groundwater Standards. Groundwater impacts were attributed to an off‐Site source, and the North 2 McLaurin Trucking II/26018-22-060/20231101 Carolina Department of Environmental Quality (DEQ) issued a No Further Action (NFA) letter in August 1998. Leaking UST Incident No. 20986 In 1998, three petroleum USTs were removed in the northeastern and southern portions of the Brownfields Property. DEQ issued an NFA, and a Notice of Residual Petroleum that prohibits groundwater use was filed on the property deed. 2015 Phase II Environmental Site Assessment (ESA) A Phase II environmental site assessment was conducted in May 2015. Assessment activities included collecting nine soil samples and three groundwater samples were collected for laboratory analysis. No volatile organic compounds (VOCs) or gasoline- range total petroleum hydrocarbons (TPH‐GRO) were detected in soil samples. The VOC tetrachloroethene (PCE) was identified in one upgradient groundwater sample above the 2L Standard. February 2021 Soil Vapor Intrusion Assessment Ten exterior soil gas samples were collected for property due diligence purposes. PCE, naphthalene, and benzene were detected above NC DEQ Vapor Intrusion Screening Levels (VISLs). No trichloroethene (TCE) was detected in any of the exterior soil gas samples. Methane was also screened and not identified as a contaminant of concern. Brownfields Assessment A Brownfields site assessment was conducted in July 2022, in accordance with a DEQ- approved work plan. Site assessment activities included collecting six shallow soil samples and three groundwater samples. Samples were analyzed by a laboratory for VOCs, SVOCs, and RCRA metals. Soil samples were also analyzed for hexavalent chromium. No VOCs or SVOCs were detected in soil above Residential PSRGs. Arsenic and hexavalent chromium were detected at low concentrations above Residential PSRGs and comparable to naturally occurring concentrations found in the area. Laboratory results also indicated that groundwater samples did not exceed 2L Groundwater Quality Standards. Potential Receptors: Potential receptors are: construction workers, on-site workers, and future residents. A Brownfields Receptor Survey was completed on August 9, 2022. Contaminated Media: DEQ has evaluated data collected from the following media at the subject property: soil, soil gas, and groundwater. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for its intended reuse. Please see the Brownfield Agreement’s Exhibit 2 for specific sample locations, dates, and contaminants of concern (COCs). 3 McLaurin Trucking II/26018-22-060/20231101 Risk Calculations: Risk calculations were performed using the DEQ Risk Calculator (July 2022 version) 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. Risk for Individual Pathways Output Form 1A Version Date: July 2022 Basis: May 2022 EPA RSL Table Site ID: 26018-22-060 Exposure Unit ID: Soil, Groundwater, Soil Gas Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Soil 2.1E-05 5.3E+01 YES Groundwater Use* 7.1E-04 1.2E+01 YES Soil 3.8E-06 9.6E+00 YES Groundwater Use* 1.6E-04 2.9E+00 YES Construction Worker Soil 8.2E-07 6.8E+01 YES Soil 8.8E-06 1.2E+01 YES Surface Water* NC NC NC Receptor Pathway Carcinogenic Risk Hazard Index Risk exceeded? Groundwater to Indoor Air 6.0E-05 9.1E+01 YES Soil Gas to Indoor Air 8.4E-05 4.7E+00 YES Indoor Air NC NC NC Groundwater to Indoor Air 1.4E-05 2.2E+01 YES Soil Gas to Indoor Air 6.4E-06 3.7E-01 NO Indoor Air NC NC NC DIRECT CONTACT SOIL AND WATER CALCULATORS Resident Non-Residential Worker Recreator/Trespasser VAPOR INTRUSION CALCULATORS Resident Non-Residential Worker Soil  Contaminant risk drivers in soil include Total Petroleum Hydrocarbons. The soil samples exhibiting high TPH concentrations were collected in 1998 surface near a former UST at depths of 10 feet below ground. Elevated concentrations of VOCs or SVOCs were not found in subsequent site assessments. Groundwater  Tetrachloroethylene is the contaminant risk driver. The compound has been detected in an upgradient groundwater sample and it is suspected that the source is located offsite. Surface Water  Surface water is not located on the Brownfields Property. A tributary to Little Sugar Creek is located to the south of the Brownfields Property. 4 McLaurin Trucking II/26018-22-060/20231101 Exterior Soil Gas  Contaminant risk drivers include petroleum VOCs and tetrachloroethylene. Trichloroethylene was not detected. Sub-Slab Vapor  Buildings were demolished and samples were not collected. Indoor Air  Buildings were demolished and samples were not collected. Land Use Restrictions: Based on the results of the risk evaluation, the Residential Hazard Index risk threshold was exceeded for groundwater use, groundwater to indoor air, soil, and exterior soil gas. Elevated concentrations of petroleum-related compounds and tetrachloroethylene detected in groundwater will require a land use restriction prohibiting the use of groundwater; however, municipal water is available at the Brownfields Property, further minimizing the potential risks. 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. In addition, final grade soil sampling will be required prior to occupying the Brownfields Property. A vapor intrusion mitigation system is required. Required Land Use Restrictions: The standard land use restrictions including land use, Environmental Management Plan and reporting requirements, prohibition on groundwater use, soil restrictions, final grade sampling, the need for vapor intrusion mitigation, access, notification, and prohibition on the use of known contaminants, and the annual land use update obligation are required for this Brownfields Agreement. 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:  Environmental Management Plan  A vapor intrusion mitigation system is required and is being installed. Petroleum- related compounds and tetrachloroethylene are the primary constituents of concern.  Pre-occupancy and semi-annual post-occupancy sub-slab soil gas sampling  Final grade soil sampling required  Trichloroethylene not detected in soil gas or groundwater