In recent years, the number of foreclosed, underutilized and vacant properties within local communities has increased significantly. Faced with the burden that these properties impose on municipal resources and/or the potential redevelopment opportunity that these properties represent, some municipalities have begun to acquire these properties for the ultimate benefit of the community.

During the acquisition process, it’s not uncommon to find that some level of environmental due-diligence has been performed for these properties or that an NFR letter exists for the property. While the availability of this environmental assessment documentation or the existence of an NFR letter may certainly make a property more attractive for redevelopment, without a thorough review of the existing documentation and/or conditions of an NFR letter the redevelopment of the property may still be hindered by existing environmental conditions. One of the most common misperceptions regarding NFR letters is that they represent “closure” for a Site and therefore releases the property from any further environmental restrictions. In actuality, these letters are often conditional in nature, meaning that no further remediation is required based on the existing conditions of the Site at the time the NFR letter was issued.

The existence of an NFR letter may indicate any of the following:
• The entire property has satisfied the cleanup objectives for all potential contaminants of concern.
• Only a portion of the property or specific contaminants of concern have been addressed.
• Existing asphalt, concrete or clean soil barriers have been designated as engineered barriers to eliminate exposure to remaining contaminants of concern above regulatory limits.
• The end use of the property may be limited to a specific type of redevelopment or other deed restrictions may exist that inhibit the long-term use of the site.

Even with the liability protections afforded by the acquisition of an NFR letter, environmental conditions may remain that can potentially affect the future redevelopment or divestiture of the property. Based on the proposed use and conditions of the property at the time of securing the NFR letter, owners are often allowed to leave elevated levels of impacted soils and groundwater in place. However, when a third party not involved in the NFR process acquires the property, the conditions of the NFR letter and contaminants left in place may significantly affect the costs of redeveloping the property. These additional costs may include:

• The handling and disposal of soils that cannot be managed as traditional clean construction demolition debris (CCDD).
• Additional environmental assessment and reporting activities to maintain the NFR letter.
• Alteration or replacement of proposed or existing engineered barriers.

Any one of the above issues can greatly impact future redevelopment of the Site while potentially increasing the financial burden of a property on the community. In addition, if activities are performed on the site that go beyond the restrictions of the NFR letter (i.e. removal of asphalt barriers, etc.), the NFR status of the property may be voided entirely. Therefore, it is critical that the details of the NFR letter and existing environmental assessment documentation be carefully reviewed prior to any property acquisition. If you would like further information on how True North Consultants can assist your community with environmental documentation and NFR letter review, please contact Brian S. Mihelich, CHMM at bmihelich@consulttruenorth.com

True North was engaged by the Village of Maywood through its municipal engineering firm to assist the Village’s road contractor in addressing rejected loads of soil from the project’s clean construction demolition debris (CCDD) facility. The rejection of these soils meant that the Village may have potentially been required to dispose of all 15,000 cubic yards of soil as a non-special waste, increasing the cost of the project by nearly $1M dollars and placing the future of the project at risk. True North worked with the road contractor and municipal engineering firm to develop a soil management plan for characterizing, handling and disposing of excavated right-of-way soils during the ongoing construction activities. The sampling plan called for periodic soil sampling along 5th Avenue in advance of excavation activities to characterize soils. Based on soil sample results, portions of the road work would then be managed as CCDD material or disposed as a non-special waste at a licensed disposal facility. Additionally, True North personnel performed on-site soil screening activities to segregate soils during “live” loading to minimize the accumulation of soil stockpiles and to ensure the proper and efficient handling of soils. True North’s soil management activities eliminated substantial costs overruns which would have put the project at risk resulting in only approximately 1,700 cubic yards of soil being disposed of as a non-special waste. [[Show as slideshow]]

True North was engaged by the Village to perform environmental assessment activities on the mile long stretch of abandoned rail line. In order to access Union Pacific property, True North, on the behalf of the Village, was required to prepare an access agreement providing a proposed scope of work, detailed drawings, and investigation methods that were to be employed during site activities. Once the access agreement was finalized, True North mobilized equipment and personnel to perform a Phase II site assessment to evaluate subsurface conditions along the line. The results of this assessment were used to perform a risk-based analysis according to the future use of the site as a paved pedestrian/bicycle path. Based on the results of this assessment, True North provided the Village with a comprehensive report including recommendations concerning the pending purchase of the property. The results of the study provided the Village with the requisite information necessary to proceed with the transaction for the ultimate benefit of the community. [[Show as slideshow]]

• Phase I and Phase II Environmental Site Assessments
• Environmental Risk-Based Assessment and Remediation
• Brownfield Redevelopment and Grant Procurement
• Underground Storage Tank (UST) Management, Removal & Closure
• Asbestos, Lead Mold and Indoor Air Quality Consulting
• Facility Decommissioning and Demolition Oversight

True North was recently retained by the Village of Maywood through its municipal engineering firm to perform a PESA as part of the St. Charles Road Improvements Project. The PESA was performed on an approximately 1.05 mile stretch of St. Charles Road ROW and included portions of 9th and 19th Avenue ROWs. The St. Charles Road Improvements Project includes the removal and replacement of curb and gutter, sidewalk, and driveways; removal and replacement of deteriorated manholes, catch basins, inlets, and valve vaults; excavation of existing pavement and the installation of a concrete pavement; pavement striping: restoring the parkways with topsoil and sod and other miscellaneous improvements necessary to complete the project. Based on the on the current and historical uses of properties adjoining St. Charles Road and proposed ROW activities, the PESA was necessary to identify potential environmental concerns during the planning stages of the improvement project. The findings of the PESA were considered during the final planning stages of the improvement project.
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A former gas station had operated at the property prior to the development of the restaurant and presented a roadblock to redevelopment. True North was retained by the owners of Bailey’s to address the conditions of the lease agreement, which entailed securing a No Further Remediation (NFR) letter for the property. Working with 5/3 Bank’s development consultant and utilizing previously gathered environmental assessment data, True North performed additional environmental assessment activities, coordinated and oversaw the spot removal of soils impacted above soil saturation limits and prepared and submitted the required Site Remediation Program (SRP) reports within approximately 60 days of project initiation. Second to the expedited turnaround time of True North’s services, was its ability coordinate the activities around the operation of the restaurant. A focused NFR letter was secured for the property within approximately 30 days of submitting all the required reports enabling the Bailey’s owners to execute the land lease with 5/3 Bank.
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