2003 ENVIRONMENTAL GUIDE
TABLE OF CONTENTS
Page
2003 DCA ENVIRONMENTAL SITE ASSESSMENT STANDARDS 1
DOCUMENTATION CHECKLIST 2223
REQUIRED FORMAT FOR PHASE I REPORT 2525
RELIANCE LETTER 28
OWNER ENVIRONMENTAL QUESTIONNAIRE & DISCLOSURE STATEMENT 29
PHASE I DOCUMENTATION: PROPERTY LOG AND INFORMATION CHECKLIST 40
GLOSSARY OF TERMS AND ACRONYMS 4444
OPERATIONS & MAINTENANCE GUIDANCE MANUAL 45
2003 DCA ENVIRONMENTAL SITE ASSESSMENT STANDARDS
The Georgia Department of Community Affairs (“DCA”) requires site-specific environmental assessment for all development proposals being considered for funding with 9% Tax Credits, 4% Tax Credits and/or Home Loans. At a minimum, DCA requires a Phase I Environmental Site Assessment (“Phase I”), in accordance with, but not limited to, standards developed by the American Society for Testing and Materials (“ASTM”) and set forth in the current ASTM Designation: E 1527, “Standard Practice for Environmental Site Assessments, Phase I Site Assessment Process.”
I. Overview of Phase I and Phase II Requirements
Although ASTM standards are only guidelines, DCA REQUIRES the consultant to follow ASTM standards in conducting Phase I Environmental Site Assessments. In addition, DCA has additional requirements which exceed the ASTM requirements. Some of these requirements are referred to in Section 12 of the ASTM practice guide as “non-scope considerations.” DCA’s additional requirements include, but are not limited to, asbestos, mold, lead-based paint, lead in drinking water, radon, and wetlands (hereinafter referred to as “non-scope issues”). When DCA requirements are more stringent than the ASTM standards, DCA requirements take precedence.
The Phase I serves as a screening process designed to identify environmental concerns, recognized environmental conditions (as that term is defined in the ASTM Standards) and non-scope issues which may potentially impact the subject property, while the Phase II Environmental Site Investigation (“Phase II”) is intended to further address any issues raised by the Phase I. While the Phase I review is generally a screening process, DCA requires certain testing during a Phase I which exceed the ASTM requirements.
The Phase I must be conducted in a manner consistent with “all appropriate inquiry into previous ownership and use of the property consistent with good commercial or customary practice.”[1] Applicants must use diligence when evaluating the property and surrounding areas that may impact the property and should make “appropriate inquiry” to learn their true condition. Applicants must become familiar with local health, safety, and environmental laws governing the property. Developers/Owners should disclose their knowledge of actual or suspected environmental concerns in accordance with ASTM standards and are strongly encouraged to contact DCA if unusual or questionable conditions exist before they submit their formal application to DCA.
II. Environmental Assessment Requirements
Phase I Requirements
1. The Phase I Report must be in the format specified in the attached Required Format for Phase I Report and must substantially comply with the terms and provisions of the “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” ASTM Standard E 1527-00 or any updated version promulgated by ASTM (the “ASTM Standards”). The applicant should submit two complete duplicate originals of the Phase I Report.
2. The Phase I, including the records review, site reconnaissance, interviews, and reporting, must be performed under the supervision of, and signed by, a Qualified Environmental Professional. DCA defines a Qualified Environmental Professional as a Professional Engineer (“P.E.”) or a Professional Geologist (“P.G.”) who is licensed to practice engineering or geology, respectively, in the State of Georgia. The P.E. or P.G. must be an employee or principal of the environmental consulting firm retained to complete the environmental assessment. The Qualified Environmental Professional must have at least five (5) years of experience conducting and/or reviewing environmental assessments. The consultant must briefly describe the qualifications of all personnel involved with the Phase I environmental site assessment in Section 2.3 of the Phase I Report. DCA requires the Qualified Environmental Professional employed by the consulting firm to review and sign both the Phase I and Phase II reports and any amendments thereto. The environmental consultant cannot be affiliated with the developer/owner, or a buyer or seller of the property, or a firm engaged in any business that might present a conflict of interest or give the appearance of a conflict of interest.
3. The Phase I Report must include, in Appendix A, a “Site Map” that shows (a)an area large enough to display the relative location of the site in its orientation to adjacent properties and facilities, (b)environmental concerns where applicable, and (c)direction (established or presumed) of groundwater flow.
4. DCA requires a search of the chain-of-title for the subject property. The Phase I must clearly document a listing of the chain-of-title and a comprehensive historical records review sufficient to give a complete history back to the property’s first obvious use or 1940, whichever is earlier. (A title abstract is not required). The environmental consultant must comment on the results of this information, and give a professional opinion as to any potential environmental risks and/or recognized environmental conditions associated with the findings.
5. The Phase I Report must be fewer than six months old at the time of Formal Application submittal. The date of the Phase I Report shall be clearly placed on the cover page of the Phase I Report. The date of the site reconnaissance shall be specified in Section 5.0 of the Phase I Report. The Phase I Report must be prepared within a reasonable time following the site reconnaissance, not to exceed thirty (30) days, unless waived by DCA at its sole discretion.
6. The environmental consultant must address previous environmental site assessments (Phase I and/or Phase II) that were performed for the subject property in Section 5.2.5 of the Phase I Report, and include the available previous Reports in Appendix F of the Phase I Report.
7. The Phase I Report must (a) include explanations regarding all supporting data and test results and (b) reflect all of the environmental consultant’s investigations and findings and contain an executive summary setting forth clearly written conclusions and recommendations. The Phase I Report must also contain a statement that the current ASTM standard was used in completing the Phase I and must state the version number.
8. Any deviations from DCA Environmental Site Assessment Standards, or ASTM Standards, or any limitations of the Phase I environmental site assessment must be described in Section 2.4 of the Phase I Report.
9. All references (e.g., reports, maps, telephone interviews) used to complete the Phase I Report must be listed in Section 8.0 of the Report. Copies of all applicable maps must be included in the Phase I Report in Appendix A.
10. If a Phase I Report recommends a Phase II Environmental Site Investigation, the Applicant is strongly encouraged to submit a draft or final Phase I and a draft Phase II scope of work and the Site Map discussed above (1) identifying the recognized environmental conditions, suspected environmental concerns, and/or non-scope issues; (2) specifying the locations of any proposed monitoring wells and/or soil borings; (3) specifying the number of samples and depth of samples; and (4) specifying the test methods and analytical methodology to DCA for DCA’s prior approval before performing the Phase II work. If the Applicant does not submit a draft Phase II scope of work and the Site Map to DCA for DCA’s prior approval, or if the Phase II work has already been completed, DCA may, at it sole discretion, require additional testing and analysis prior to completing the threshold review of the application.
11. The Qualified Environmental Professional’s opinion must be included in the Phase I Report, as discussed in Section E below.
Non-Scope Issues
The Phase I Report must also address and discuss the following issues:
1. Wetlands
(a) The environmental consultant must determine if any portion of the subject property is or may be considered wetlands based upon (1) a review of the U.S. Fish and Wildlife Service National Wetlands Inventory (“NWI”) maps; (2) the site reconnaissance; and (3) any other available relevant resources (including, but not limited to, the USGS topographic map for the subject property). The presence of wetland areas or any potential wetland areas on the property must be clearly shown on the Site Map and the environmental consultant must opine whether a wetlands delineation is necessary to verify the existence of wetlands and determine the extent. A copy of the NWI map and USGS topographic map for the subject property must be included in Appendix A of the Phase I Report.
(b) In no event will any project be accepted for funding or approved for tax credits that will disturb more than one-tenth of an acre of wetlands on the subject property (or on any adjacent property where disturbing wetlands is necessary to gain access to the subject property).. Disturbance of any wetlands area, regardless of size, must be conducted in accordance with applicable law.
2. State Waters
The environmental consultant must identify any State Waters located on the subject property and the extent of any applicable buffer areas around any such State Waters. State Waters are defined as any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. The applicant must also determine if any local government with jurisdiction over the subject property has enacted an ordinance requiring an additional buffer area more extensive than that required by state law. The location and extent of any State Waters, along with any required buffers thereto must be shown on the Site Map. In no event will any project be accepted for funding or approved for tax credits that contemplates any land-disturbing activity in any required buffer area without an appropriate variance or exemption. The environmental consultant must identify and discuss these issues in Section 3.2.2 of the Phase I Report.
3. Water Leaks/Mold
Consultant must identify any visible water leaks or mold in or on any on-site structures or improvements that will not be demolished or replaced. Consultant must examine (1) ventilation systems in structures that will not be demolished, and (2) areas behind walls, under floors, or above ceilings when such areas are readily accessible. Consultant must state whether any such areas were readily accessible during the site reconnaissance, and discuss all findings of the visual inspection in Section 5.1.17 of the Phase I Report. Upon reviewing 5.1.17 of the Phase I Report, DCA may require further testing at its sole discretion.
4. Floodways and Floodplains
(a) The environmental consultant must review the Federal Emergency Management Agency (“FEMA”) National Flood Insurance Maps to determine if any part of the subject property is considered to be located in a floodplain or floodway. The presence of floodplain or floodway areas on the property must be clearly defined and supported by the appropriate FEMA map(s). A copy of the FEMA map(s) for the subject property must be included in Appendix A of the Phase I Report. In no event will any project be accepted for funding or approved for tax credits that will place buildings in a 100 year floodplain or floodway.
(b) In order to be accepted for funding or approved for tax credits, any property within the 100 year floodplain or floodway must be reclassified out of the 100 year floodplain or floodway for those areas where buildings currently are or will be placed. Unless waived in whole or in part by DCA at its sole discretion, the Qualified Environmental Professional must document the reclassification by providing a copy of: (1) an appropriate Conditional Letter of Map Revision from FEMA at the time of project application, along with a written commitment by the Applicant to provide the materials listed in (b)(2) below to DCA upon completion of the project (but no later than the completion of the cost certification process); and (2) an appropriate final Letter of Map Revision from FEMA, along with materials used to obtain the same (including, but not limited to, an elevation certificate prepared and certified by an authorized individual, and signed by a local government official where required). (Final Letter to be provided prior to cost certification process or conversion whichever is first to occur. In all circumstances, the Applicant must document any mitigation required by applicable law for impacts to existing flood plains or floodways planned for development.
5. Public and Historic Records Review
In addition to those standard environmental record sources which must be reviewed pursuant to ASTM E 1527, the environmental consultant must review the following: (1) FINDS List; (2) TRI List; and (3) “Non-HSI” List (a.k.a. State HSRA Notification Files within 1 Mile). The environmental consultant must use the most current version of each database available. The Non-HSI List must be no older than three (3) months.
6. Radon Gas
If the development to be funded or approved for tax credits or HOME funding, concerns the renovation or use of an existing structure, a radon test must be performed to determine radon gas levels. A radon test must be performed unless an EPA approved short-term radon test has been performed in the lowest public areas of the building(s) within the last six months which demonstrated radon levels at or below 4 pci/l or 0.02 WL. A copy of the Radon Report should be attached to the Phase I Report. If the development to be funded involves new construction, the building(s) must be constructed in accordance with current EPA requirements for radon resistant construction techniques, including, but not limited to, Radon Resistant Construction Techniques for New Residential Construction: Technical Guidance, February 1991, EPA 625291032 (available from NSCEP (800)4909198) and Model Standards and Techniques for Control of Radon in New Residential Buildings, March 1994, EPA 402R94009 (available at http://www.epa.govemment/iaq/radon/pubs/newconst.html). Testing at the completion of construction will be required. Applicants must also discuss the designation of the property as depicted on the 1993 EPA Map of Radon Zones.