AGENDA ITEM EXECUTIVE SUMMARY
ITEM TITLE
title
Update on 828 MLK Property.
presenter
RESPONSIBLE STAFF, TITLE, DEPARTMENT
John Richardson, Community Sustainability Manager
STAFF RECOMMENDATION
Staff recommends that Council receive this report and provide feedback, as appropriate.
body
ACTION/DECISION POINTS
There is no Council action required this evening; however, based on a variety of inputs, we are interested in any reactions the Council wishes to share about the initial vision described in the attached presentation.
BACKGROUND AND CONTEXT
The Town is working to address the presence of coal ash at the 828 Martin Luther King Jr. Blvd. property, which is currently home to the Chapel Hill Police Department. In the 1960s and 1970s, before the Town took ownership, this property served as a coal ash and construction debris fill site. While the Town didn’t place the coal ash at the property, we view it as our responsibility to manage it.
updates
In February, our consultant resampled groundwater, surface water, and soil at the site and found the following:
Groundwater samples taken from inside the buried materials show concentrations of metals similar to previous levels. Samples taken from the groundwater in the underlying aquifer show higher concentrations of some metals as compared to previous tests.
• There is no indication that contaminants are impacting Bolin Creek above typical background levels or federal and state screening criteria.
• We see a higher concentration of one metal above background levels and screening criteria in one of ten soil samples taken just outside of the fencing. Risk remains within acceptable levels; however, out of an abundance of caution, we are working with our consultant to remove the soil. A first round of removal and testing occurred on May 22nd.
• More details can be found in the attached Brownfields Assessment Report <https://engage.chapelhillnc.gov/27895/widgets/98159/documents/67519>.
On March 12th, the Council authorized the Town Manager to sign a Brownfields Agreement with the North Carolina Department of Environmental Quality <https://www.townofchapelhill.org/home/showpublisheddocument/57184/638827262028430000> (DEQ). The agreement was executed on April 10th and recorded at the Orange County Register of Deeds Office on April 15th. The Brownfields Agreement gives the Town the ability to proceed with state-guided remediation and redevelopment of the property. The agreement also allows the Town to decide what form of remediation is best for our community.
This spring, we have taken the next steps in the local decision-making process by gathering feedback about what future uses of the site and tradeoffs are most important to our community. Our Engage Chapel Hill project site called Coal Ash at 828 Martin Luther King Jr. Blvd <https://engage.chapelhillnc.gov/coal-ash-at-828-site?preview=true> is a new engagement tool designed to help our community stay up-to-date and share their feedback. Tonight’s presentation will highlight themes from the feedback we’ve received. A summary of these themes appears within the attached draft presentation.
TRADEOFFS, ALTERNATIVES, IMPACTS
This is a complex issue because the future use(s) of the site are limited by what level of remediation we choose. We created this packet of information <https://engage.chapelhillnc.gov/27895/widgets/98159/documents/67200> and used it to engage with our community throughout the spring. The findings of the three linked reports in this memo are also summarized within the packet of information.
The Brownfields Agreement says what uses are and are not allowed if coal ash remains on the property.
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The Property May be Used For: |
The Property May Not Be Used For: |
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Recreation |
Childcare centers |
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Transit |
Adult care centers |
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Parking |
Schools |
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Retail |
Residential use |
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Municipal Service Center |
Ground contacted sports (soccer, etc.) |
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Office |
Kennels, dog parks, horse-riding |
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Commercial (requires additional DEQ review) |
Agriculture or grazing |
Leaving coal ash on the property and managing it in perpetuity is a form of what is called “cap and cover” remediation, which is acceptable under the Brownfields Agreement. The term “cap and cover” means that we would encapsulate the coal ash with clean materials and prevent people from coming into contact with it on site. Clean materials would be things like soil and an earth retention system along the embankment. Under this scenario, we would also construct a stormwater management system to help move rainwater off the site to reduce the impacts of coal ash on groundwater. Cap and cover is one end of the remediation spectrum.
The other end of the remediation spectrum we call “full removal.” Under this scenario, we would attempt to remove all coal ash contaminants from the property. If successful, the DEQ could then determine that more uses are allowable on the property because the risk profile is lower. The table below shows the tradeoffs we’ve identified for each end of the remediation spectrum. We call it a spectrum because it is possible that there are options between cap and cover and full removal, where different amounts of coal ash could be removed from the property.
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Tradeoffs |
Cap & Cover |
Full Removal |
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Monitoring & Reporting |
Town would perpetually monitor and report on-site conditions per Brownfields Agreement. |
DEQ could decide to change Brownfields requirements based on full removal of contaminants. |
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Estimated Truck Trips and Miles to Uwharrie Landfill |
760 trips 78,000 miles |
4,425-9,100 trips 730,000-1,270,000 miles |
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Estimated Volume of Coal Ash to Uwharrie Landfill |
$2.9-4.8M* |
$12-25.9M** |
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Responsibility for Environmental Management |
Keep most of the coal ash contaminants and monitor/manage local environmental conditions over time. |
Transport all coal ash contaminants to Uwharrie Subtitle D landfill in Montgomery County to manage environmental conditions over time. |
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Environmental Justice |
Keep most of the coal ash and use our resources to manage the site over time. |
Remove all coal ash contaminants and transport them to Uwharrie Landfill where they will be managed by Republic Services. |
*Cost range varies based on type of earth retention system used (MSE vs. Cast-in Place).
**Cost range varies based on how much coal ash and construction debris is buried at the site.
See the Updated Remedial Alternatives Cost Evaluation <https://engage.chapelhillnc.gov/27895/widgets/98159/documents/67521> for more cost details.
Landfills, especially the Subtitle D landfills <https://www.epa.gov/landfills/municipal-solid-waste-landfills> that are suitable for coal ash, are often located in or near historically marginalized, low-wealth communities. We asked our project consultant to consider environmental justice as a key factor when evaluating potential landfills. After assessing several Subtitle D landfills throughout the state (see report <https://engage.chapelhillnc.gov/27895/widgets/98159/documents/67520>), our consultant confirmed that the two landfills used for earlier, smaller-scale remediation are still most suitable. Specifically, Uwharrie Environmental Regulatory Landfill located near Mt. Gilead is most suitable for coal ash disposal, and the Upper Piedmont Environmental Landfill located near Rougemont is most suitable for non-coal ash materials. Factors we considered include proximity of disadvantaged communities, community sensitivity information, and distance to the site.
The table below includes some community data for these landfill locations. Each landfill would have to expressly agree to receive any materials before they are excavated, transported, and delivered.
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Landfill Location |
Approximate % People of Color |
Approximate % People Below Poverty Line |
Justice 40 Disadvantaged Census Tract |
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Uwharrie Environmental Regulatory Landfill (Mt. Gilead, Montgomery County) |
10.57% |
9.73% |
No |
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Upper Piedmont Environmental Landfill (Rougemont, Person County) |
27.58% |
13.64% |
No |
The percentages above refer to 2022 American Community Survey Block Group data where the landfill is located. See the Updated Environmental Justice, Regulatory, and Community Sensitivity Evaluation <https://engage.chapelhillnc.gov/27895/widgets/98159/documents/67520> for more details.
FINANCIAL IMPACT
The Updated Remedial Alternatives Cost Evaluation <https://engage.chapelhillnc.gov/27895/widgets/98159/documents/67521> provides the latest cost estimates for the two ends of the remediation spectrum identified by our consultant. These estimated costs range from $2.9 to 25.9 million. There is no existing funding for this project, and discussions would need to be had about how to pay for this.
COMMUNITY ENGAGEMENT
From April through early June, staff conducted the series of activities outlined below, each with the goal of providing updated information about the site and getting feedback about what future uses and tradeoffs are most important to the community. Staff is using the “consult” framework from the IAP2 Spectrum of Public Participation (see attached) and the Town’s equitable engagement strategy. This work involves reaching out to under-engaged community members located closest to the 828 site.
April 3 Pop-up Event (Airport Gardens Public Housing Community)
April 21 Public Open House (Chapel Hill Public Library)
May 6 Pop-up Event (UNC Davis Library)
May 20 Radio Interview (WCHL)
May 21-22 Pop-up Events (Police Station Property, Bolin Creek Trail)
In addition to in-person events, we have placed signage along Bolin Creek Trail, delivered project flyers to Stratford Hills apartments, and emailed project information to the Bolinwood Drive community. We’ve also promoted our Engage Chapel Hill website for this called Coal Ash at 828 Martin Luther King Jr. Blvd <https://engage.chapelhillnc.gov/coal-ash-at-828-site?preview=true>. On April 24th, we launched a three-question survey asking what future uses and tradeoffs are most important to our community as Council continues forward with the local-decision making process. See the attached draft presentation for more details about the survey results.
ATTACHMENTS
Draft Staff Presentation
IAP2 Spectrum of Public Participation (using “consult” approach for project)
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