22025_WWAY_DM _20240508

DECISION MEMORANDUM
DATE: May 7, 2024
FROM: Aditi C. Posek/ Shristi R. Shrestha
TO: BF Assessment File
RE: WWAY
615 North Front Street
Wilmington, New Hanover County
Brownfields Project No. 22025-18-065
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 rental residential, hotel,
retail, office, associated parking, and subject to DEQ's prior written approval, other
commercial uses, can be made suitable for such uses.
Introduction:
The Brownfields Property is located at 615 North Front Street in Wilmington and is
comprised of one parcel of approximately 1.58 acres, identified by New Hanover County
as Parcel Identification Number R04716-006-00 1 -000. The Brownfields Property is
presently vacant apart from a retaining wall located along Nutt Street and is located in an
area along the Northeast Cape Fear River formerly characterized as largely industrial.
The surrounding properties presently include a mix of parking, commercial, and hotel
use. There are several recorded Brownfields Properties located to the immediate west and
north of the subject Brownfields Property.
The Prospective Developer (PD) is 615 N Front Street LLC, a manager -managed limited
liability company formed on December 21, 2017, and headquartered at 1221 Arboretum
Drive, Wilmington, NC 28405. Robert Stockel is the managing member of 615 N Front
Street LLC. The Brownfields Property was purchased by the PD from WWAY-TV, LLC
on March 13, 2018 (Book 6126, Page 1459, New Hanover County Registry).
Redevelopment Plans:
The likely reuse of the Brownfields Property is for hotel and rental apartment residential
use with ground -level retail and office space. The current owner of the Brownfields
Property is actively marketing the Brownfields Property and it is contemplated that a
buyer would likely incorporate these uses. However, there are no specific redevelopment
plans for the Brownfields Property. Note that a Notice of Residual Petroleum (NORP)
that prohibits residential use was required to be recorded on the deed by the DEQ UST
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Section in 2005. Upon the recordation of this Notice of Brownfields Property the
residential restriction will be superseded; however, should future plans include residential
use, provisions of the Brownfields Agreement requiring remedial actions would be
triggered.
Site History:
Historical records indicate that the Brownfields Property was developed as early as the
1880s, when the site was developed by the Atlantic Coastline Railroad with car shops and
a repair building to support operations associated with the maintenance and repair of
railroad cars. The repair building housed a machine shop, oil storage area, blacksmith
room, and foundry, among other activities. The building was demolished in the 1960s
during downtown redevelopment activities and in 1969 a new building, identified as the
WWAY building, was constructed and later expanded through the years. The )WAY
building served as a television broadcasting station until it was demolished in
2018.WWAY-TV LLC sold the property to 615 N Front Street LLC on March 13, 2018,
and remained a tenant on the property until the building was demolished later that year.
The Brownfields Property has remained undeveloped since this time.
Environmental Concerns:
Environmental concerns at the Brownfields Property stem from the former railcar
maintenance and foundry activities, the historical use of two underground storage tanks
(USTs) for fuels, and the general historic industrial nature of activities along the Cape
Fear River in the site vicinity. Onsite soil and groundwater contamination with
principally, metals, petroleum hydrocarbon compounds, and polynuclear aromatic
hydrocarbon compounds (PAHs), has been identified in a number of assessment reports.
Two onsite USTs, one 3,000-gallon gasoline and one 250-gallon diesel were closed in
May 1994 and April 2003, respectively. The gasoline UST was abandoned in place due to
unstable site conditions. The diesel UST was removed from the Brownfields Property in
early 2003; impacted soil was excavated and disposed of offsite, yet petroleum
hydrocarbon compounds remained in excess of residential maximum soil contaminant
concentrations (MSCCs).
On January 15, 2004, 13.98 tons of petroleum -impacted backfill material from the UST
pit was excavated and transported off -site. Additional soil samples collected during the
removal of backfill materials were analyzed and found to be below Residential MSCCs.
However, additional assessment indicated that semi -volatile organic compounds
(SVOCs) were detected in soil samples at concentrations exceeding residential PSRG in
several soil samples.
As a result of these findings, a Notice of No Further Action (NFA) and a NORP deed
restriction was filed on November 15, 2005 (New Hanover County Registry of Deeds,
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Book 4937, Pages 799-804), which designated the Brownfields Property as a "low -risk
site" that would not be suitable for residential use due to the soil contamination that
exceeded the residential MSCCs. Through coordination with the DEQ UST Section and
potentially additional work to be performed and negotiated land -use restrictions that are
implemented through the recordation of a Brownfields Agreement, the NORP will be
superseded by the recordation of the Notice of Brownfields Property.
Potential Receptors:
Potential receptors are construction workers, on -site workers, future residents, visitors,
pets, recreators, and trespassers.
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. Please see the
Brownfield Agreement's Exhibit 2 for specific sample locations, dates, and contaminants
of concern (COCs).
Risk Calculations:
Risk calculations were performed using the February 2024 DEQ Risk Calculator
https:Hdeq.nc. _ og_y/pennits-rules/risk-based-remediation/risk-evaluation-resources.
For the purposes of looking at the site spatially, the site was assessed as a whole using
default assumptions.
The risk calculations indicated the following based on available data, including the
following media: groundwater, soil, and exterior soil gas.
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Risk for Individual Pathways
Version Date: February 2024
Basis: November 2023 EPA RSL Table
Site ID: 22025-18-065
Ex sure Unit ID: Site -Wide -Max Concentrations GW, Soil, Soil Gas
DIRECT CONTACT SOIL AND WATER CALCULATORS
Receptor
Pathway
Carciinogenic
Ri
Hazard Index
Risk exceeded?
Resident
Soil
1.3E-04
4.9E+00
YES
Groundwater Use*
7.3E-04
7.6E+00
YES
Non -Residential Worker
Soil
2.0E-05
6.2E-01
NO
Groundwater Use*
1.5E-04
1.1E+00
YES
Construction Worker
Soil
3.7E-06
3.1E+00
YES
Recreator/Trespasser
Soil
7.4E-05
1.9E+00
YES
Surface Water*
NC
NC
NC
VAPOR INTRUSION CALCULATORS
Receptor
Pathway
Carciin kenic
Ri
Hazardlndex
Risk exceeded?
Resident
Groundwater to Indoor Air
2.0E-09
1.4E-01
NO
Soil Gas to Indoor Air
0.0E+00
1.7E-01
NO
Indoor Air
NC
NC
NC
Non -Residential Worker
Groundwater to Indoor Air
1.7E-10
3.2E-02
NO
Soil Gas to Indoor Air
0.0E+00
1.4E-02
NO
Indoor Air
NC
NC
NC
Soil
Multiple rounds of soil samples were collected at the Brownfields Property from various
depths, ranging from ground surface to 26 feet below ground surface (ft bgs). Soil
samples were analyzed for volatile organic compounds (VOCs), SVOCs, RCRA metals,
and hexavalent chromium. The following compounds have been detected in soil samples
above their respective NC DEQ Inactive Hazardous Sites Branch (IHSB) Residential
Preliminary Soil Remedial Goals (PSRGs): arsenic, benzo(a)anthracene, benzo(a)pyrene,
benzo(b)fluoranthene, cadmium, hexavalent chromium, indenol (1,2,3-cd) pyrene, lead,
mercury, and naphthalene. The compounds which were detected, but do not have an
established PSRG were acenaphthylene, benzo(g,h,i) perylene, p-isopropyltoluene, and
phenanthrene.
Based on the risk calculator output, both the acceptable residential carcinogenic risk (CR)
range of 1.0E-04 and the threshold noncancer hazard index (HI) of 1 were exceeded for
both soil and groundwater under the residential direct contact risk scenario, as was the
non-residential worker direct groundwater exposure pathway. For direct exposure to soil
for both construction worker and recreator/trespasser pathways, only the noncancer HI of
1.0 is exceeded. The primary risk drivers for residential exposure to soil are arsenic,
cadmium, mercury, polynuclear aromatic hydrocarbons (PAHs), and total petroleum
hydrocarbons (TPH). The acceptable CR range and HI threshold was not exceeded for
the non-residential direct exposure pathway to soil.
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With respect to the construction worker exposure pathway, the compounds arsenic,
mercury, benzo(a)pyrene, and TPH drive the noncancer risk with an HI of 3.1. With
respect to the recreator/trespasser exposure pathway, the compounds arsenic, cadmium,
and TPH drive the risk.
On -site soil is presently undisturbed. Soils may be subject to excavation, relocation, or
transport and disposal offsite, specifically along the retaining wall area, pending the sale
and eventual redevelopment of the Brownfields Property. Specific soil related land use
restrictions will apply to future work at the Brownfields Property once the Notice of
Brownfields Property is recorded.
Groundwater
Groundwater depth at the Brownfields Property is identified at approximately 25 feet
below ground surface and groundwater flow direction is determined to flow west towards
the Cape Fear River. Groundwater samples were collected and analyzed for contaminants
during two sampling events that occurred in January 2018 and June 2021. The
compounds arsenic, benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,
chromium, and lead were detected in groundwater in excess of their respective NC 2L
Groundwater Standard. 2,4 — Dinitrophenol was also detected, but it has no established
standard. VOCs have not been identified in groundwater at the Brownfields Property in
excess of their 2L groundwater standards.
Risk calculator output indicates that an acceptable carcinogenic risk range is exceeded for
both the residential and non-residential direct contact groundwater exposure pathway.,
with respective carcinogenic risk results of 7.3E-04 and 1.5E-04. The threshold
noncancer HI of 1.0 for residential and non-residential worker direct contact water
scenarios was also exceeded, with a HI of 7.6 and 1.1, respectively. Metals are
considered the primary risk drivers for groundwater, with arsenic and cadmium driving
the noncancer risk for non-residential exposures, and arsenic benzo(a)anthracene, and
benzoo)fluoranthene driving the CR for residential exposures.
Due to the lack of VOCs in groundwater, the groundwater to indoor air vapor intrusion
calculations indicates that the acceptable CR range and the threshold HI of 1.0 are not
exceeded at the Brownfields Property for either residential or non-residential exposure
pathways.
Surface Water
Surface water is not present at the Brownfields Property.
Exterior Soil Gas
Soil gas samples were collected at the Brownfields Property on June 25, 2021. The
Brownfields Property was vacant, with no existing structures remaining on -site. Five
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exterior soil gas vapor points were installed, taking into consideration the UST area and
the former footprint of the machine shop and foundry. Analysis of the exterior soil gas
samples for VOCs did not yield results that were found to be above DEQ Residential
Vapor Intrusion Screening Levels (VISLs). The compounds n-butane, ethanol, and
tertiary butyl alcohol were detected in these exterior soil gas samples, but there are no
established VISLs for these compounds.
Residential soil gas to indoor air vapor intrusion risk calculations do not indicate an
exceedance of the acceptable CR range and is just above the threshold for noncancer HI
for which the Brownfields Redevelopment Section recommends a vapor intrusion
mitigation system (VIMS). However, because there is uncertainty about the location of
the buildings that would be constructed during future redevelopment and because exterior
soil gas samples may not adequately reflect changing vapor conditions after construction
of new buildings, once the footprint(s) of new buildings have been established, additional
soil vapor testing should be conducted to confirm that VI is not a risk at the Brownfields
Property, particularly for residential buildings. The non-residential soil gas to indoor air
VI risk calculations indicated that there is unlikely to be a risk of VI that would exceed
acceptable non-residential risk values, and therefore a VIMS is therefore considered
unlikely for future non-residential buildings. Confirming soil gas conditions for future
buildings would still be prudent due to known regional issues with respect to VOCs in
soil gas and groundwater.
Sub -Slab Vapor
Sub -slab data was not collected at the Brownfields Property as there was no slab
foundation remaining on -site at the time of assessment.
Indoor Air
Indoor air samples were not collected at the Brownfields Property as no buildings were
present at the time of assessment.
Land Use Restrictions:
The Brownfields Agreement for this Brownfields Property will include typical land use
restrictions including approved uses, land use definitions, requirements for an EMP,
vapor intrusion, access notice and land use restrictions update LURs. In addition, there
are land use specific restrictions regarding residential and industrial uses of the property
including removal of certain soil.
Based on the site -specific data provided to the Brownfields 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.
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PROPERTY MANAGEMENT ISSUES
Redevelopment plans at the Brownfields Property have not been finalized yet. Due to the
uncertainty of the redevelopment plans and some of the metals data, site -specific land use
restrictions were developed that relate to removal of certain soil and capping.
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