ENVIRONMENTAL MANUAL This Manual contains the following: Environmental Site Assessment Standards and Reporting Requirements Environmental Forms 1. Environmental Certification 2. Owner Environmental Questionnaire and Disclosure Statement 3. Property Log and Information Checklist 4. HOME and HUD Environmental Questionnaire 5. HOME and HUD Environmental Questionnaire Guidance Environmental Site Assessments Standards and Reporting Requirements 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 "Standard Practice for Environmental Site Assessments, Phase I Site Assessment Process.", ASTM 1527-05. For projects which request HOME funds or list other HUD funding sources, including but not limited to Project Based Rental Assistance ("PBRA"), the Environmental Professional (see Section A(3)(a) below) must complete the HOME and HUD Environmental Questionnaire. This form can be found in the Application Forms section. 2010 Environmental Manual DCA Office of Affordable Housing Page 1 of 52 I. Introduction and Overview A Phase I serves as a screening process designed to discover environmental concerns, recognized environmental conditions and non-scope issues which may potentially impact the subject property, and to ensure that "all appropriate inquiry" (as that term is defined by the EPA in 70 Fed. Reg. 66070, 72; 40 C.F.R. Part 312) is conducted. By contrast, a Phase II Environmental Site Investigation ("Phase II") is intended to further investigate any environmental issues raised by the Phase I. DCA REQUIRES the Environmental Professional to follow ASTM E 1527-05, or any updated version promulgated by ASTM which meets the requirements of the EPA's AAI regulations (the "ASTM Standards"), in conducting Phase I Environmental Site Assessments. DCA also has additional investigative and testing requirements which exceed the ASTM Standards. Some of these extra requirements are referred to as "non-scope considerations" in Section 13 of ASTM E 1527-05. DCA's additional requirements include, but are not limited to, asbestos, mold, lead-based paint, lead in drinking water, noise, radon, PCBs, floodplains and wetlands (hereinafter referred to as "non-scope issues"). Where DCA guidelines are more stringent than the ASTM Standards, the DCA guidelines are to be considered controlling. Any Phase I submitted to DCA must demonstrate that all appropriate inquiry into previous ownership and use of the property consistent with good commercial or customary practice was conducted. Applicants must use appropriate due diligence when evaluating the property and investigating surrounding areas that may impact the property, in short they should make "all appropriate inquiries" to learn their true condition. Applicants must become familiar with federal, state, and local health, safety, and environmental laws governing the property. Developers and owners must 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. 2010 Environmental Manual DCA Office of Affordable Housing Page 2 of 52 II. Environmental Assessment Requirements A. Phase I Requirements 1. The Phase I Report must be in the format shown in Section V: Required Format for Phase I Report. Phase I Reports which deviate from this format including addition of sub-sections, may not be accepted. The inclusion of additional appendices to the Phase I Report is acceptable. Please note that if a prescribed sub-section or appendix is not applicable, the Environmental Professional must note "Not Applicable" or "Not Available" in that section of the report or that appendix. Note: During the competitive round, the Applicant could have points deducted from its score if the proper format is not followed. 2. The Phase I must substantially comply with ASTM E 1527-05 or any updated version promulgated by ASTM which meets the requirements of the EPA's AAI regulations. a. The Phase I Report must contain a statement that ASTM E 1527-05 (or any updated version) was used in completing the Phase I and that "all appropriate inquires" were conducted. b. The Environmental Professional must include a description of the procedures followed while conducting the Phase I investigation in the Phase I Report, including a detailed scope of services. c. Generally, most Phase I Reports are performed to qualify for one of the three landowner liability protections under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (1980): the innocent landowner limitation; the contiguous property owner limitation; or the bona fide prospective purchaser limitation. The Environmental Professional must consult with the Applicant to determine the Applicant's purpose in performing the Phase I and must set forth the purpose for which the Phase I site investigation was undertaken in the Phase I Report. Specifically, the Environmental Professional must expressly state that he understands that the purpose of the Phase I is to ascertain whether the property is environmentally suitable for construction of a multifamily housing. d. The Applicant must submit the number and type of duplicate originals of the Phase I Report specified in the applicable Qualified Allocation Plan. 2010 Environmental Manual DCA Office of Affordable Housing Page 3 of 52 3. In addition the Phase I must be performed under the supervision of, reviewed, signed, and certified by an Environmental Professional, using the Environmental Consultant Signature Page for Phase I Reports, which can be found in the Forms section of this Manual. The Environmental Consultant Signature Page for Phase I Reports must appear immediately following the cover page of the Phase I Report. a. An "Environmental Professional" is, as defined in 40 C.F.R. 312.10(b): (i) 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 with at least three (3) years full-time "relevant experience," including but not limited to participation in performance of environmental site assessments which involved the understanding of surface and subsurface environmental conditions. (1) The term "relevant experience" is used here as it is defined in 40 C.F.R. 312.10(b). (2) The P.E. or P.G. must be an employee or principal of the environmental consulting firm retained to complete the environmental assessment. (ii) A person with at least a Baccalaureate degree from an accredited institution in engineering or science who is licensed to perform environmental site assessments and to conduct all appropriate inquiries in the state of Georgia with at least five (5) years full time relevant experience. (iii) A person having ten (10) years relevant experience. b. The Phase I must include in Appendix H the resume(s) which describe the qualifications of all personnel involved with the Phase I environmental site assessment; the qualifications of all such personnel must also be discussed in Section 2.4 of the Phase I Report. c. The Environmental Professional may not 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. 4. The Phase I Report must include in Appendix A a "Site Map" showing: 2010 Environmental Manual DCA Office of Affordable Housing Page 4 of 52 a. An area large enough to display the relative location of the site in its orientation to adjacent properties and facilities, with existing streets and drives within fifty (50) feet of the site. b. Delineation of the perimeter of any major existing structures on the site. c. Any visible or reasonably ascertainable easements on the site. d. Environmental concerns where applicable. e. Direction (established or presumed) of groundwater flow. f. The boundaries of any floodplains, wetlands, or potential State Waters on or adjacent to the site. The Site Map must be to scale. 5. The Phase I Report must include a comprehensive historical review of the subject property. a. At minimum, the Phase I must include in Appendix D a copy of documentation provided by the title company or title professional regarding reasonably ascertainable recorded land title records and records of environmental liens and activity and use limitations. The Environmental Professional must discuss the chain of title, records of environmental liens and activity and use limitations associated with the property and any other pertinent records found by the title company or title professional in the historical records review which, when reviewed in its entirety, clearly shows a history of previous uses of the property back to 1940 or the property's obvious first developed use, whichever is earlier. (i) This review must consider the "standard historical sources" listed in Section 8.3.4.1 through 8.3.4.8 of ASTM E 1527-05, to the extent required by ASTM. (ii) DCA may, at its sole discretion, also require the review of any sources listed in Section 8.3.4.9 of ASTM E 1527-05. b. The Environmental Professional must comment on the results of the historical review. The historical review must: State whether information about environmental liens or activity and use limitation records was reasonable ascertainable, 2010 Environmental Manual DCA Office of Affordable Housing Page 5 of 52 Describe what efforts were made to identify environmental liens and/or activity and use limitations, and give a professional opinion as to any potential environmental concerns, Recognized environmental conditions and/or non-scope issues identified. If no recognized environmental conditions were identified in the historical review, the Environmental Professional must conclusively say so in the historical review section of the Phase I Report. The Environmental Professional must also state in the historical review section whether or not any non-scope issues were identified in the historical review. Environmental lien information can often be obtained along with chain-of-title information. Although some of these items are designated user responsibilities in ASTM E 1527-05, DCA requires that the Environmental Professional research, evaluate and assess these matters. 6. The Environmental Professional must make reasonable efforts to conduct all interviews required by ASTM as part of the Phase I site assessment. a. Note that for abandoned properties, the Environmental Professional must also interview owners and occupants of neighboring properties. b. The Environmental Professional must also make a reasonable attempt to interview at least one staff member at each of the following: local fire department; state or local health department or environmental agency; local agency responsible for issuance of building permits; local agency responsible for issuance of groundwater use permits; state or local agency with jurisdiction over hazardous waste disposal. c. Documentation of all interviews (or documentation of attempts to complete such interviews) must be included in Appendix G. 7. The consultant preparing the Phase I Report must gather from the user(s) of the Phase I Report all information required in Section 6 of ASTM. Information obtained from the user interview(s) must be included in Section 4.3.4 of the Phase I Report, and documentation of the interview(s) must be included in Appendix G. a. The Applicant must be interviewed as a "user" for every Phase I Report submitted to DCA. Additionally, for purposes of Applications submitted to DCA, all of the 2010 Environmental Manual DCA Office of Affordable Housing Page 6 of 52 following parties are also considered "users": the entity that has title to the property or the entity that will take title to the property, project development partners, equity partners for the project, and any other party which would be defined as a "user" within the meaning of Section 3.2.93 of ASTM. b. Where there are multiple users, the text of Section 4.3.4 of the Phase I Report should make clear from which user the information was obtained. c. If the consultant preparing the Phase I Report was unable to interview any one or more users, the consultant must describe what attempts were made to interview such users, include documentation of these attempts in Appendix G, and discuss the data gap in Section 6.0. 8. The Phase I Report (including, but not limited to, regulatory database reviews, interviews, and searches for recorded environmental liens) must be completed less than one hundred eighty (180) days before Application submission. Phase I reports older than (180) days may require an updated environmental report, while Phase I reports older than one year may require a new report. Consult your Environmental Professionial for guidance. a. The date of the Phase I Report shall be clearly placed on the cover page of the Phase I Report. b. The date of the site reconnaissance shall be specified in Section 5.1 of the Phase I Report. The Phase I Report must be issued no more than sixty (60) days after the site reconnaissance, unless waived by DCA at its sole discretion. c. DCA reserves the sole right to require an update of any Phase I which is equal to or greater than one hundred eighty (180) days old at the time final approval of any Application is granted or at any time prior to commencement of construction if additional information regarding an environmental issue is discovered. d. Phase I Reports performed in accordance with ASTM Standards E 1527-97 or E 1527- 00 may not be "updated" to meet ASTM E 1527-05 requirements. If a previous site assessment performed in accordance with ASTM E 1527-97 or E 1527-00 will be greater than or equal to one hundred eighty (180) days old on or before the closing of the transaction, a new Phase I site assessment conforming to ASTM E 1527-05, other updated version promulgated by ASTM which meets the requirements of the EPA's AAI regulations, must be performed. 2010 Environmental Manual DCA Office of Affordable Housing Page 7 of 52 9. If an updated Phase I report is necessary because the original Phase I report is between one hundred eighty (180) days and one (1) year old at the time of Application submission, then the updated Phase I must include the following updated components, in accordance with Section 4.6 of the ASTM Standards: a. Description of the new site reconnaissance, including visual inspection of the property and of adjoining properties. b. Updated site photos. c. Updated federal, tribal, state, and local governmental records. d. Updated search for environmental liens. e. New interviews with owners, occupants, and operators of the property (or of neighboring properties, in the case of an abandoned or vacant site). f. All original materials and updates. g. The opinion of an Environmental Professional addressing all conditions (changed and unchanged) at the site. h. The Environmental Consultant Signature Page for Phase I Reports, signed by all appropriate parties. i. An Environmental Certification signed by the Environmental Professional who conducted the update. 10. The Environmental Professional must address any previous environmental site assessments (Phase I and/or Phase II) that were performed for the subject property in Section 5.5.7 of the Phase I Report, and include the available previous Reports in Appendix I of the Phase I Report. 11. The Phase I Report must reflect all of the Environmental Professional's investigations and findings and contain an Executive Summary setting forth clearly written conclusions, including the exact language from either Section 12.8.1 or Section 12.8.2 of the ASTM Standards, as appropriate, and recommendations. The Environmental Professional's opinions must be included in the Phase I Report in the manner described in Section E below. The Phase I Report must also identify and comment upon: a. All supporting data and test results. 2010 Environmental Manual DCA Office of Affordable Housing Page 8 of 52 b. Any and all data gaps, as defined in Section 3.2.20 of the ASTM Standards, that affect the ability of the Environmental Professional to identify recognized environmental conditions, suspected environmental concerns and/or non-scope issues. (i) Data Gaps must be discussed in Section 6.0 of the Phase I Report. (ii) The Environmental Professional must also enumerate in this section the good faith efforts made to gather the information that could not be obtained. c. Commonly known/reasonably ascertainable information available to the user(s) or which the Environmental Professional is required to obtain under AAI. This information must be discussed in either Section 4.3.4.4 or Section 5.3 of the Phase I Report, as set forth in the format for Phase I Reports included in Section V of this Manual. 12. Any deviations from DCA Environmental Site Assessment Standards or ASTM E 1527-05, or any limitations of the Phase I environmental site assessment, must be described in Section 2.6 of the Phase I Report. 13. All data references (including, but not limited to, the following: regulatory database search references; the ASTM standard followed; floodplain maps; wetlands maps; U.S. Topographical maps; soil survey; aerial photographs; telephone interviews with agencies; and fire insurance maps, if available) used to complete the Phase I Report must be listed in Section 9.0 of the Report. 14. The Environmental Professional must: a. Field-verify the distance to any facilities identified in any of the standard environmental record sources during the site reconnaissance, and the Environmental Professional must document such verification in Sections 5.4 and 5.6 of the Report. b. Visually and/or physically observe adjoining properties and note any physical limitations to all visual inspections. 15. The Phase I Report must also include in Section 10.0 a discussion of the relationship of the purchase price to fair market value of the property, in accordance with Section 6.5 of ASTM E 1527-05. The ASTM 1527-05 standards anticipate that most of the time this assessment of purchase price will be performed by a user (more than likely, the entity that has title to the property or the entity that will take title to the property) and provided to the environmental professional. Therefore, this information should be addressed in the Owner 2010 Environmental Manual DCA Office of Affordable Housing Page 9 of 52 Environmental Questionnaire and Disclosure Statement or in a separate valuation statement, as appropriate. If not addressed and provided to the Environmental Professional, the Environmental Professional must address this issue. The user isn't required to disclose the purchase price, but if the purchase price is significantly less than the fair market value, s/he should disclose this to the Environmental Professional and explain why a difference exists. It is DCA's opinion that even if the fair market value and purchase price are the same, it would be prudent for the prospective purchaser to identify how the fair market value was determined. This standard does not require that a real estate appraisal be obtained in order to ascertain fair market value of the property. a. Where the purchase price does not reflect the fair market value of non-contaminated property, the Environmental Professional must identify the potential causes, including environmental causes. (i) Although this item is a designated user responsibility in ASTM E 1527-05, DCA requires that the Environmental Professional review the information provided by a user. If the Environmental Professional is not provided with information from a user, the Environmental Professional must inquire of the seller, broker, or real estate professional associated with the project as to the fair market value of the property and as to the causes for any differential between the fair market value and the purchase price of the property; unless a substantive response regarding these matters has already been provided by the user(s). (ii) If the Environmental Professional determines that a sales price has not yet been negotiated for the property, that fact should be referenced in Section 10.0 of the report. b. Although this standard does not require that a real estate appraisal be obtained in order to ascertain fair market value of the property, DCA may, at its sole discretion, require that a real estate appraisal be obtained in order to ascertain the fair market value of the subject property. c. If neither the user, Applicant, seller, broker, nor real estate professional can or will disclose to the Environmental Professional whether a differential exists between the purchase price of the subject property and the fair market value of the subject 2010 Environmental Manual DCA Office of Affordable Housing Page 10 of 52 property, the Environmental Professional must assess this as a data gap and discuss it in Section 6.0 of the Report. 16. If a Phase I Report recommends a Phase II Environmental Site Investigation or any other testing, the Applicant is strongly encouraged to submit a copy of the final or draft Phase I Report (just text is acceptable), a draft of the proposed Phase II scope of work which conforms to all requirements in Section D, and a Site Map to DCA no later than sixty (60) days prior to final Application submission. The proposed Phase II scope of work must be submitted to the attention of the Office of Affordable Housing with a cover letter clearly indicating that a proposed Phase II scope of work is enclosed. DCA will approve the scope of work to be performed in the Phase II. While submittal of this documentation is not required, the strict time frame associated with Threshold Review, could make it impossible for modifications of the Phase II to be completed prior to selection of a project if DCA determines that the work scope is not adequate. a. If the Applicant does not submit a draft of the proposed Phase II scope of work and the Site Map to DCA, or if the Phase II work has already been completed, DCA may, at it sole discretion, require that the Applicant conduct any of the following environmental activities prior to completing the threshold review of the application: (i) perform additional testing; (ii) perform remediation and confirmatory testing; (iii) obtain a brownfield's "limitation of liability"; (iv) obtain a "no listing" letter under the Georgia Hazardous Site Response Act ("HSRA"), O.C.G.A. 12-8-90 et seq., 1992, as amended; (v) develop a Noise Attenuation Plan; or (vi) develop an O & M Plan with respect to certain known, suspected, or potential environmental hazards which are discovered during the Phase I and/or Phase II reviews. If the required activities cannot be completed within the required time frame, the project will fail Threshold. b. DCA will review the proposed scope of work and issue its concurrence or include additional work scope items that will satisfy the threshold requirements for the Phase II. (i) Application Submission: If the Applicant does not receive a response from DCA regarding the proposed Phase II scope of work within fifteen (15) business days prior to Application submission, the Applicant should proceed with the Phase II work. 2010 Environmental Manual DCA Office of Affordable Housing Page 11 of 52 (ii) DCA reserves the right upon reviewing the Report for any such Phase II to require that the Applicant conduct any of the following environmental activities, at DCA's sole discretion: (i) perform additional testing; (ii) perform remediation and confirmatory testing; (iii) obtain a brownfield's "limitation of liability"; (iv) obtain a "no listing" letter under HSRA; (v) develop a Noise Attenuation Plan; or (vi) develop an O & M Plan with respect to certain known, suspected, or potential environmental hazards which are discovered during the Phase I and/or Phase II reviews. c. All Phase II work must be performed in accordance with the requirements of Section D below. The Phase II Scope of Work and reports from any previously performed Phase II investigations must be included in Appendix E of the Phase I Report. For Phase II investigations undertaken due to recognized environmental conditions identified during an Phase I assessment performed in order to submit an Application to DCA, the final Phase II Report must be submitted to DCA immediately upon completion. B. Non-Scope Issues for Phase I Reports. The Phase I Report must also address and discuss the following issues: 1. Wetlands a. The Environmental Professional must determine if any portion of the subject property is or may be considered jurisdictional wetlands based upon: (i) A review of the U.S. Fish and Wildlife Service National Wetlands Inventory ("NWI") maps. (ii) The site reconnaissance. (iii) Any other available relevant resources (including, but not limited to, the USGS topographic map for the subject property). b. The presence of jurisdictional wetland areas, including streams, or any potential jurisdictional wetland areas, including streams, on the property must be clearly shown on the Site Map. The Environmental Professional must also provide a jurisdictional wetlands delineation, performed in accordance with all federal and state guidelines, to verify the existence of wetlands and to determine the extent thereof. A copy of the 2010 Environmental Manual DCA Office of Affordable Housing Page 12 of 52 NWI map, USGS topographic map and any necessary wetlands delineation report must be included in Appendix A of the Phase I Report. c. As a general rule, no project will be accepted for any DCA funding or approved for tax credits (including HOME funds and/or other HUD funding sources) if it will disturb more than one-tenth of an acre of jurisdictional wetlands or 100 linear feet of stream on the subject property (or on any adjacent property where disturbing jurisdictional wetlands is necessary to gain access to the subject property). No buildings, pavings, site amenities or other improvements are to be located in any wetlands areas under any conditions. However, if the proposed development will disturb more then one tenth (1/10th) of one acre, DCA will accept U.S. Army Corps of Engineers (USACE) approval of the proposed development where such approval is provided at the time of Application Submission and is evidenced by an approval letter, the USACE approved site plan and engineering drawings and the appropriate USACE permits. d. For all projects, compliance with the federal Clean Water Act and applicable U.S. EPA and USACE regulations, policies and guidance is required. If jurisdictional wetlands will be filled or impacted and the proposed project requires completion of the HOME and HUD Environmental Questionnaire (see page 1 above), the HOME and HUD Environmental Questionnaire must include evidence that the wetland management eight-step process, as set forth below,1 has been followed. Such documentation should be included in Appendix K of the Phase I Report. Please note that completion of the eight-step process is not required to be completed until September 30, 2009. Please note that a notification to the USACE would not be necessary at the time of Application. However, the applicant is required to submit a Pre-Construction Notification to the USACE prior to any work being done on the property even if they were under the regulatory threshold limits. (i) Wetland Decision Making Process. The decision making process for compliance with this part contains eight steps, including public notices and an 1 See proposed 24 C.F.R. 55.20 at 55 Fed. Reg. 396, 403 (January 4, 1990). 2010 Environmental Manual DCA Office of Affordable Housing Page 13 of 52 examination of practicable alternatives. The steps to be followed in the decision making process are: (1) Step 1. Determine whether the proposed action is located in a wetland. If the proposed action would not be conducted in a wetland, then no further compliance with this part is required. (2) Step 2. Notify the public at the earliest possible time of a proposal to consider an action in a wetland, and involve the affected and interested public in the decision making process. (a) The public notices required by Steps 2 and 7 of this section may be combined with other project notices wherever appropriate. Notices required under this part must be bilingual if the affected public is largely non-English speaking. In addition, all notices must be published in an appropriate local printed news medium, and must be sent to federal, state, and local public agencies, organizations, and, where not otherwise covered, individuals known to be interested in the proposed action. (b) A minimum of 15 calendar days shall be allowed for comment(s) on the public notice. (c) A notice under this step shall state: the name, proposed location and description of the activity; the total number of acres of wetland involved; and the name and phone number to contact for information. The notice shall indicate the hours and the location at which a full description of the proposed action may be reviewed. (3) Step 3. Identify and evaluate practicable alternatives to locating the proposed action in a wetland. (a) The consideration of practicable alternatives to the proposed site or method may include: (b) Locations outside the wetland, (c) Alternative methods to serve the identical project objective; and (d) A determination not to approve any action. 2010 Environmental Manual DCA Office of Affordable Housing Page 14 of 52 (e) In reviewing practicable alternatives, the applicant shall consider feasible technological alternatives, hazard reduction methods and related mitigation costs, and environmental impacts. (4) Step 4. Identify the potential direct and indirect impacts associated with the modification of the wetland. (5) Step 5. Where practicable, design or modify the proposed action to minimize the potential adverse impacts within the wetland and to restore and preserve its natural and beneficial values. (6) Step 6. Reevaluate the proposed action to determine: (a) Whether it is still practicable in light of possible adverse impact on the wetland, the extent to which it will aggravate the current hazards to other wetlands, and its potential to disrupt wetland values; and (b) Whether alternatives preliminarily rejected at Step 3 of this section are practicable in light of the information gained in Steps 4 and 5. (7) Step 7. If the reevaluation results in a determination that there is no practicable alternative to locating the proposal in the wetland, publish a final notice that includes: (a) The reasons why the proposal must be located in the wetland; (b) A list of the alternatives considered; and (c) All mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values. (d) In addition, the public notice procedures of Step 2 shall be followed, and a minimum of seven (7) calendar days for public comment prior to approval of the proposed action shall be provided. (8) Step 8. Upon completion of the decision making process in Steps 1 through 7, implement the proposed action. There is a continuing responsibility to ensure that the mitigating measures identified in Step 7 are implemented. e. The Regional Federal Emergency Management Agency (FEMA) Office must be contacted anytime an 8-step process (site specific or area-wide) has been initiated. A copy of the Early Notice for Public Review (Notice 1 or Step 2) and Final 2010 Environmental Manual DCA Office of Affordable Housing Page 15 of 52 Notice for Public Review (Notice 2 or Step 7) must be forwarded to the FEMA Regional Environmental Officer for comment. Contact information is below: Stephanie Everfield Department of Homeland Security FEMA Regional Environmental Office 3003 Chamblee Tucker Road Atlanta, GA 30341-4112 stephanie.everfield@dhs.gov 2. State Waters a. The Environmental Professional must identify any potential State Waters located on the subject property (or on an adjacent property such that applicable buffers or setbacks are located on the subject property) and all applicable buffer areas around any such potential State Waters under state law or any applicable local government ordinances. "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. b. The location and extent of any potential State Waters, along with all buffers required by state and/or local law, must be shown on the Site Map. c. The Environmental Professional must render an opinion as to whether State Waters are located on the subject property using EPD's Field Guide for Determining the Presence of State Waters That Require a Buffer. DCA recommends that the Local Issuing Authority as determined by the EPD make the final State Water determination and, if permitted, include a letter in the Application. d. DCA does not allow for the disturbance of Streams in excess of one hundred (100) linear feet. e. All applicable buffers or setbacks that must be located on the subject property must be identified and discussed. 2010 Environmental Manual DCA Office of Affordable Housing Page 16 of 52 f. No project will be accepted for any DCA funding or approved for tax credits (including HOME funds) if it contemplates any land-disturbing activity in any required buffer area unless an appropriate variance(s) or exemption(s) have been applied for and received from all appropriate agencies with jurisdiction over such buffers, and documentation of such variance(s) or exemption(s) is included in the Application submission. The Environmental Professional must identify and discuss these issues in Section 3.5 of the Phase I Report. 3. Floodplains/Floodways. The Environmental Professional must review the Federal Emergency Management Agency ("FEMA") National Flood Insurance Maps wiith a community panel number to determine if any part of the subject property is considered to be located in a 100-year floodplain/floodway. a. The presence of floodplain/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, whether or not there is a 100-year floodplain/floodway identified on the subject property. The boundaries of the proposed site for development must be delineated on the FEMA map. In addition, a Site Map that clearly defines the areas of floodplain/floodway in relation to all site improvements, including buildings, paving, and site amenities must be included in the Application. The Plan must clearly show where all development and incidental development lies in relation to the floodplain/floodway. b. In all circumstances, the Applicant must document any mitigation required by applicable laws for impacts to existing floodplains or floodways planned for development. c. In no event will any project be accepted for funding that will place buildings in a 100 year floodplain/floodway unless the following requirements are met: (i) Tax credit rehabilitation projects may be eligible for funding where the existing buildings, paving or site amenities are located in the 100-yr floodplain/floodway if the following is included with the Application Submission: 2010 Environmental Manual DCA Office of Affordable Housing Page 17 of 52 (1) Verification (note on FEMA map) by the Environmental Professional that the proposed site for redevelopment is on the FEMA floodplain/floodway map included in Appendix A; (2) A Site Map that clearly defines the areas of floodplain/floodway; and (3) Evidence that the elevation of the lowest existing floor is 6" above the FEMA designated floodplain/floodway elevation in the form of a land survey or other appropriate documentation. Such documentation must clearly demonstrate existing conditions and should include a land survey indicating the location of the existing buildings, paving and site amenities existing floodplain/floodway, elevation of existing floodplain/floodway, elevation of lowest floor level in existing buildings and FEMA elevation of the existing floodplain/floodway. (ii) Tax credit new construction projects and HOME funded new construction or rehabilitation projects will be approved only if the property will be reclassified out of the 100 year floodplain/floodway for those areas where site improvements will be placed, including buildings, paving, and site amenities, prior to project completion and the following documentation showing the reclassification is included with the Application submission: (1) A Site Map that clearly defines the areas of floodplain/ floodway and site improvements; (2) All areas of floodplain/floodway must be documented by the FEMA map for the areas in which the site is located, regardless of whether the proposed site for development appears to be located in a floodplain/floodway. The proposed site for development must be located on that map; (3) The qualified Environmental Professional or Engineer must include an opinion as to whether or not the proposed project will impact any floodplain or floodway. (4) The qualified Environmental Professional or Engineer must document mitigation for impacts to existing floodplains/floodways planned for 2010 Environmental Manual DCA Office of Affordable Housing Page 18 of 52 development, and include consideration of alternative locations for the development. (5) A FEMA Conditional Letter of Map Amendment (CLOMA) or Letter of Map Revision-Based on Fill (CLOMR-F) must be obtained for the property that shows that the property is eligible for reclassification out of the floodplain/floodway area and submitted at the time of application. A final Letter of Map Amendment (LOMA) or Letter of Map RevisionBased on Fill (LOMR-F) from FEMA along with an elevation certificate and all other information to document the reclassification must be provided to DCA at the completion of the project. (6) For rehabilitation projects only, DCA may consider evidence that the property is eligible for flood insurance and that such insurance will be in place if awarded funding from DCA in lieu of a CLOMA or CLOMR-F. (iii) Additional requirements for HOME Projects and projects that have other HUD funded sources including but not limited to PBRA: (1) The HOME and HUD Environmental Questionnaire must be included in Appendix K of the Phase I Report. (2) Where construction, including site improvements, and landscaping activities occupy or modify the floodplain/floodway, documentation for HOME Funding must include evidence that the eight-step Floodplain Management process has been followed as mandated by 24 C.F.R. 55.20 (Executive Order 11988). (3) Documentation from the Environmental Professional regarding direct and indirect impacts associated with constructing the project on or near a floodplain/floodway. (4) Documentation from the Environmental Professional regarding proposed mitigation. (5) Documentation from the Environmental Professional regarding the consideration of alternative locations for the development. 2010 Environmental Manual DCA Office of Affordable Housing Page 19 of 52 (6) HOME-funded projects may require flood insurance. Such insurance must be in the form required by the US Department of Housing and Urban Development. 4. Public and Historic Records Review. In addition to those standard environmental record sources listed in Section 8.3.4 of ASTM E 1527-05, the Environmental Professional must review the most current version of following databases: a. FINDS List (1/4 mile search distance). b. TRI List (1/4 mile search distance). c. State "Non-HSI" List (a.k.a. Georgia HSRA Notification Files within 1 Mile). The Non-HSI List must be no older than six (6) months. 5. Noise. All new construction and rehabiliation projects must meet the DCA requirements for sound. The DCA and HUD Noise Limitations must be met at 45dB for interior locations and 65dB for exterior locations. All sound mitigation costs must be included in the construction development budget. A selected project cannot exceed 75dB of exterior noise without the consideration of any mitigation/attenuation measures. For HUD funded projects submitted to DCA, all new construction and rehabilitation projects must also meet the requirements set forth in the HUD noise regulations, 24 C.F.R Part 51 Subpart B (24 C.F.R 51.100 et seq.). a. The Environmental Professional must determine if the subject property (or any part thereof as measured from the property line) is within (i) five (5) miles of a civil airport; (ii) fifteen (15) miles of a military airfield; (iii) 1000 feet of a major highway or busy road with greater than 10,000 average daily traffic count; or (iv) 3000 feet of a railroad or rail line. These conclusions and supporting discussion (i.e. the distances between the subject property and the above-listed noise sources and how the Environmental Professional determined these distances) should be included in Section 5.4.22 of the Phase I Report and related documentation must be included in Appendix J. b. If the subject property (or any part thereof as measured from the property line) is within the distances of noise sources discussed in the paragraph above, the Environmental Professional must complete a noise assessment in accordance with the 2010 Environmental Manual DCA Office of Affordable Housing Page 20 of 52 HUD Noise Assessment Guidelines ("NAG")2 and 24 C.F.R 51.100 et seq. In addition, the Environmental Professional must provide an opinion on the results of such assessment/study, and the report must contain a complete mitigation plan for remediation of sound levels above the HUD or DCA Limitations. c. The noise assessment should use ten (10) year traffic projections for roadway, aircraft and railway noise, include a sufficient number of noise assessment locations (a.k.a. "NALs") to allow a comprehensive evaluation of the noise environment at a project site, and should include all of the worksheets attached to the NAG in the noise report. Where ten (10) year traffic projections are not available for aircraft or railway noise, the Environmental Professional may use currently-available noise projections, and must note as such in the noise assessment. Where ten (10) year traffic projections are not available for roadway noise, the Environmental Professional should take currently available traffic projections and estimate a 3% per year growth over ten (10) years to calculate the ten (10) year traffic projections, and must note as such in the noise assessment. All statistics and calculations used in the formulation of the noise assessementt must be provided with the Phase I report. The results of the noise assessment must be submitted to DCA as part of the Phase I Report as Appendix J thereto. The results of the noise assessment should be discussed in Section 5.4.22 of the Phase I report. i. In cases where there are other contributing noise sources, such as factories, mills, or other noise sources that may emit loud levels of noise, the noise evaluation should not be limited to roadways, aircraft and railway noise. DCA will take any additional sources into account in determining whether the DCA requirements have been met. d. For all projects, if the Noise Assessment data indicates that the any portion of the noise environment at the project is greater than the HUD "Acceptable" standard of 65 decibels (dB) but does not exceed the HUD "Unacceptable" standard of 75 dB, a noise attenuation plan completed in accordance with HUD guidelines (including, but not 2 The Noise Assessment Guidelines are contained within the HUD Noise Guidebook which can be found at http://www.hud.gov/offices/cpd/energyenviron/environment/resources/guidebooks/noise/ (last visited May 15, 2006). 2010 Environmental Manual DCA Office of Affordable Housing Page 21 of 52 limited to, the NAG) and prepared by a consultant must be submitted with the Phase I Report. (i) The noise attenuation plan specifically must demonstrate that noise attenuation measures utilized at the project will reduce exterior and interior noises levels below 65dB and 45dB. The noise attenuation plan must contain sufficient detail to allow DCA to independently verify that the proposed interior and exterior noise mitigation measures will result in these reduced noise levels. In addition, the attenuation plan must contain an opinion from the architect and/or environmental engineer that the attenuation plan will reduce noise levels to acceptable levels. (ii). If the proposed project has HOPE VI funds or PBRA funds and HUD has made an independent determination that the NAG and/or Noise Attentuation Plan is acceptable or that a waiver of HUD requirements has been granted, then documentation from HUD along with the proposed Noise attenuation Plan should also be included in Exhibit J. e. For all projects, if the Noise Assessment data indicates that any portion of the noise environment at the project is greater than 75 dB (i.e., in the "Unacceptable" zone as defined by 24 C.F.R 51.103), the project site will not be accepted for funding. f. In cases where interior noise levels exceed 45 dB , the applicant should submit a letter from the project architect that discusses the sound transmission class of the construction materials that are to be used on the project and contains an estimate of the interior noise levels in the interior of the any buildings at the project property after construction is completed. 6. Water Leaks/Mold/Fungi/Microbial Growth. The Environmental Professional must identify during the site reconnaissance any visible water leaks, mold, fungi or microbial growth in or on any on-site structures or improvements that will not be demolished or replaced. For multi-family housing structures, the Environmental Professional must evaluate water leaks, mold, fungi and microbial growth in every unit in which the Environmental Professional is also conducting a lead based paint, radon, or asbestos assessment. If no lead based paint, radon, or asbestos assessment is being performed for the multi-family housing structure, the Environmental Professional must attempt to evaluate 2010 Environmental Manual DCA Office of Affordable Housing Page 22 of 52 water leaks and mold in 10% of the units on the property, at minimum examining five (5) units. Each of the buildings in the property must be examined for water leaks and mold. a. The Environmental Professional must visually examine the following areas in the selected units during the site reconnaissance and must discuss all findings in the Phase I report: (i) ventilation systems; and (ii) areas behind walls, under floors, and above ceilings--when such areas are readily accessible. What will be considered "readily accessible" will vary with the particular situation of the subject property and will depend on the professional judgment of the Environmental Professional. b. The Environmental Professional must state whether areas behind walls, under floors, and above ceilings were readily accessible. c. If such conditions and/or materials exist on the properties, the Qualified Environmental Professional must include recommendations for the elimination, removal or remediation of these conditions and/or materials according to all EPA and HUD guidelines, as applicable. d. The Environmental Professional must complete any other investigation or testing required by EPA and HUD mold guidelines. e. Upon reviewing 5.4.17 of the Phase I Report, DCA may require further investigation and/or testing at its sole discretion. 7. Radon Gas. The Phase I Report must discuss the 1993 EPA Map of Radon Zones's, or any updated EPA Map of Radon Zone's, designation of the property for any project. a. If the Applicant's project involves the renovation or use of an existing structure, a radon test must be performed to determine radon gas levels, 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. Any readings that exceed the EPA limits must mitigate radon levels are part of the work scope in accordance with ASTM E2121 - 08 Standard Practice for Installing Radon Mitigation Systems in Existing Low-Rise Residential Buildings. b. If the Applicant's project 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, ASTM E1465 - 08 Standard 2010 Environmental Manual DCA Office of Affordable Housing Page 23 of 52 Practice for Radon Control Options for the Design and Construction of New Low-Rise Residential Buildings and the buildings must be tested for radon upon completion of construction. The Phase I Report must include statements to this effect in Section 5.4.21. c. The minimum requirement for testing locations is one test per every 2000 square feet of ground-contact units. However, radon concentrations can be highly localized and best practice for radon testing should involve a certified radon tester (http://www.radongas.org/ or http://www.nrsb.org/). Sampling locations should include one test per each ground floor unit and every 2000 square feet of office or amentities space on the ground floor. d. In addition, it is recommended that at least one test be located in each building on each floor above the ground-contact level, covering a minimum of 10% of the units on all floors above the ground floor. 8. Asbestos. An asbestos survey must be performed on all buildings scheduled for demolition or renovation regardless of when they were constructed. The Environmental Professional must note the condition of all presumed and suspected asbestos containing materials ("ACM"), as defined by OSHA regulations, in the Phase I Report. a. Georgia law requires that the Environmental Professional presume that asbestos is present in structures constructed prior to 1980. (i) If any structure or improvement was constructed before 1980, and there are suspected or presumed ACM, then representative sampling is required to confirm the presence and extent of any such ACM. (ii) Sampling is not necessary, however, if a comprehensive asbestos survey was performed for the property on or after January 1, 1986 by a Georgia licensed asbestos professional and the Environmental Professional reviews this survey and discusses it in the Phase I Report. b. All asbestos related assessments, testing, and remedial action programs must be in compliance with state and federal law and current EPA guidelines, including, but not limited to, Guidance for Controlling Asbestos Containing Materials in Buildings, June 1985, EPA 560/5-85-024 (a.k.a. the "Purple Book") (available from the TSCA Hotline (202) 554-1404 or Asbestos Ombudsman (800) 368-5888. 2010 Environmental Manual DCA Office of Affordable Housing Page 24 of 52 c. DCA requires friable ACM to be remediated by removal or encapsulation. d. An Operations and Maintenance ("O&M") Plan will be required for any encapsulated friable ACM or any non-friable ACM that will remain in any structure or improvement. (i) All Operations and Maintenance plans must be in conformance with current EPA guidelines, including, but not limited to, Managing Asbestos in Place: A Building Owner's Guide to Operations and Maintenance Programs for Asbestos Containing Materials, July 1990, EPA 20T-2003 (a.k.a. the "Green Book") (available from the TSCA Hotline (202) 554-1404 or Asbestos Ombudsman (800) 368-5888 and the DCA O&M Guidance Plan included in this Manual. e. The demolition or renovation of any improvement must be completed in accordance with all applicable laws and regulations. 9. Lead-Based Paint a. The following lead-based paint assessment activities are required when any current or former structure located on the subject property was constructed before 1978: (i) Where such structures are present on the subject property and are not planned for demolition, lead paint sampling is required of both the interior and exterior of the building using EPA and HUD approved testing methods and procedures unless the structure has a valid certificate of compliance under applicable lead- based paint laws. If any lead-based paint is detected, then Phase II soil sampling for total lead conforming to all requirements in Section D is required. (ii) Where such structures are present on the subject property and are planned for demolition, soil sampling for total lead is required unless: (1) No lead paint is discovered upon sampling both the interior and exterior of the building (using EPA and HUD approved testing methods and procedures); or (2) The structure has a valid certificate of compliance under applicable lead- based paint laws. (iii) DCA reserves the right to require additional testing as a condition of funding if demolition does not occur by the time of Application and to require additional 2010 Environmental Manual DCA Office of Affordable Housing Page 25 of 52 remediation if the additional lead in testing determines that unacceptable levels of lead are present in the soil after demolition. (iv) Where such structures have been demolished, lead in soil sampling for total lead is required, unless waived by DCA at its sole discretion. b. Prior to conducting any lead in soil sampling, applicants are strongly encouraged to submit a proposed scope of work conforming to all the requirements for Phase II investigations found in Section D of this manual. DCA requires conformance to the standards for Phase II investigations even though lead in soil is a non-scope issue, according to the ASTM Standards, and thus is not normally under the purview of a Phase II investigation. (i) If the Applicant does not submit a proposed Phase II scope of work and the Site Map to DCA for DCA's prior review, or if the lead in soil sampling has already been completed, DCA may, at it sole discretion, require additional testing and analysis prior to completing the threshold review of the Application. (ii) If the Applicant does not receive a response from DCA regarding the proposed Phase II scope of work within fifteen (15) business days prior to Application submission, the Applicant should proceed with the Phase II work. DCA reserves the right upon reviewing the Report for any such Phase II to require that the Applicant conduct any of the following environmental activities, at DCA's sole discretion: (i) perform additional testing; (ii) perform remediation and confirmatory testing; (iii) obtain a brownfield's "limitation of liability"; or (iv) obtain a "no listing" letter under HSRA. c. Any lead-based paint in excess of applicable standards must be inspected, remediated or abated in accordance with all applicable federal, state and local laws and regulations, including, but not limited to, the Georgia Rules for Lead-Based Paint Abatement, Certification and Accreditation. An O&M Plan is required for any leadbased paint remaining in place and must conform to the O&M Guidance Plan in the Operations Section of this Manual. 2010 Environmental Manual DCA Office of Affordable Housing Page 26 of 52 10. Lead in Drinking Water a. Where a local utility currently provides or may provide drinking water to the property, the Environmental Professional must review and provide in the Phase I Report the most current information documenting the local utility's compliance or noncompliance with current EPA standards for lead in drinking water. The Environmental Professional must also conduct a visual assessment of the plumbing system(s) in any buildings that will not be demolished to determine the risk of lead in drinking water due to lead solder in pipes. b. If the Environmental Professional's review and/or visual assessment suggests a risk of lead in drinking water at the property, testing must be performed at the tap in accordance with the EPA publication Lead in Drinking Water in Schools and NonResidential Buildings, EPA 812-B-94-002, April 1994. c. If the buildings are more than 25 years old (built prior to 1985), the systems must be tested for lead in drinking water according to the guidelines referenced above, regardless of the results of the review or visual assessment. d. If lead is detected in the drinking water, remediation is required in accordance with all applicable federal, state and local laws and regulations. e. If all the plumbing is removed and replaced with pipes in accordance with Section 1417(e) of the Safe Drinking Water Act (SDWA), then lead testing is not required. The SDWA states that "lead free" means those fittings and fixtures that are in compliance with the standard established under Section 1417(e) with regard to plumbing fittings and fixtures intended to dispense water for human consumption. Further, Section 1417(a)(1) of the SDWA requires that only "lead free" pipe, solder or flux may be used in the installation or repair of (1) Public Water Systems, or (2) any plumbing in a residential or non-residential facility providing water for human consumption. 11. PCBs a. Documentation must be included in the Phase I report indicating the condition of any transformers or other electrical equipment observed on or adjacent to the property that could contain polychlorinated biphenyls ("PCBs"). 2010 Environmental Manual DCA Office of Affordable Housing Page 27 of 52 b. The Environmental Professional must determine ownership of and responsibility for the electrical equipment and include in the Phase I Report a discussion of such ownership/responsibility and a statement as to whether or not the equipment contains PCBs. 12. Photographs a. Photographs documenting the current state of the property must be included in Appendix B of the Phase I Report. The photographs must show the inside of any structures and the grounds of the property (including adjacent sites). b. The photographs should be clearly dated and labeled with a description of the view presented. 13. Endangered Species. The Environmental Professional must review the list of protected species from the U.S. Fish and Wildlife Service, check the occurrence records from the Georgia Natural Heritage Inventory Program, and provide comment regarding on-site habitats, the potential for the presence of endangered species and whether or not the presence of such species will be impacted by the proposed development. 14. Other Hazards and Considerations. The Environmental Professional must also consider and discuss in the Phase I Report other hazards or considerations, including, but not limited to, the presence of urea formaldehyde in existing structures, existing septic tanks or wells on the property, or the absence of the availability of a municipal water or sewer system to the property, including any moratorium on new hookups. a. The Environmental Professional must provide documentation that the municipal water and sewer services are available to the property, as such service is required under the DCA's Appendix I Threshold Criteria for all properties seeking DCA approval. A record of a phone conversation between the Applicant and the relevant authority, a record of a conversation between the Environmental Professional and the relevant authority, or a copy of a letter sent to the Applicant by the relevant authority are all acceptable forms of documentation. 15. Historic Preservation. a. General Requirements The Environmental Professional must provide a professional opinion on whether the proposed project may have an effect upon properties included in or eligible for inclusion in 2010 Environmental Manual DCA Office of Affordable Housing Page 28 of 52 the National Register of Historic Places (hereinafter "National Register") pursuant to Section 800.13 of the historic preservation regulations, 36 CFR Part 800. 36 CFR Part 800 also implements Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f (hereinafter Section 106"). The Environmental Professional must provide a professional opinion on its findings in Appendix T of the Phase I report. Section 106 requires DCA, as a Responsible Entity for the administration of federal funds, to identify and assess the effects of its actions on historic resources. As such, DCA must consult with appropriate state and local officials, Indian tribes, applicants for federal assistance, the Advisory Council on Historic Presrvation and members of the public and consider their views and concerns about historic preservation issues when making final project decisions. Section 106 applies when two thresholds are met: 1) there is a federal or federally licensed action, including grants, licenses, and permits, and 2) that action has the potential to affect properties listed in or eligible for listing in the National Register of Historic Places. Effects are resolved by mutual agreement, usually among the affected state's State Historic Preservation Officer (SHPO), DCA , and any other involved parties (in this case, the Applicant). b. Preservation Professional If it is determined that the proposed project will affect historic properties, the Applicant or Environmental Professional must employ a qualified professional or contract with a qualified professional(s) (hereinafter "Preservation Professional") who meet the minimum requirements set forth in the Secretary of Interior's Professional Qualifications Standards at 36 CFR Part 61 (hereinafter "Professional Qualification") to determine actual effects base on criteria found in the Council's regulations and made one of three determinations, No effect, No adverse effect or Adverse effect. In addition to these minimum requirements, the Preservation Professional must have a minimum of one-year experience in applying the National Register of Historic Places eligibility criteria to buildings, structures and districts when identifying historic properties and in applying the Secretary of the Interior's Standards for Rehabilitation to rehabilitation projects and must have demonstrated the successful application of acquired proficiencies in the field of historic preservation preservation by meeting at least one of the following: 2010 Environmental Manual DCA Office of Affordable Housing Page 29 of 52 i. Demonstrated experience in completing the application forms for the rehabilitation of historic buildings pursuant to the National Park Service's Federal Historic Preservation Tax Credit program; or ii. Demonstrated experience in developing plans for the rehabilitation or restoration of historic buildings that have been implemented; or iii. Have received an award from a local, state, or national organization in recognition for a historic building rehabilitation or restoration project; or iv. Have served on local historic preservation commission, state National Register of Historic Places Review Board, or state or national historic preservation board or committee in capacity of architectural Historian or Architect Applicants must notify DCA and SHPO in writing once their Preservation Professional has been selected, but prior to initiation of the undertaking. The notification shall include the curriculum vitae of the Preservation Professional(s) qualifications and the address, phone and fax numbers of the Applicant's primary points of contact for project activities. c. Minimum Requirements For the proposed project, the Preservation Professional must, at a minimum,: i. consult previous surveys of historic properties and/or districts, if any, to identify if the subject property or other properties within the area of potential effects are fifty (50) years old or older and evaluate each for eligibility in the National Register of Historic Places; ii. consult with the owner of the property and record such information (owner's knowledge of the past history, age, alterations, etc.) for use by the Preservation Professional in making a decision concerning the National Register-eligibility of subject properties; and iii. maintain a file on the identification and National Register evaluation of each subject property and on other properties within the area of potential effects. The file shall include the following data used in the determination: 1) Interior and exterior building and neighborhood context photographs per Section 106 keyed to a location map; 2) Information on whether the property and/or district meets the criteria for the National Register inclusion; and 2010 Environmental Manual DCA Office of Affordable Housing Page 30 of 52 3) Information indicating whether the property is contributing or noncontributing as part of a National Register-eligible historic district, or if it is individually eligible for the National Register. d. Determinations If the Preservation Professional needs assistance in determining the eligibility of a property or district for the National Register, or the Preservation Professional and the Applicant disagree on the eligibility of a property or district, the Preservation Professional shall forward the documentation gathered to the SHPO for a thirty (30) day determination of eligibility. If necessary, the Applicant may obtain a formal determination of eligibility from the Keeper of the National Register in accordance with 36 CFR Section 800.4(c). If the Preservation Professional determines that the subject property does not meet the National Register criteria, then the Preservation Professional shall submit a letter to the Applicant indicating that there is No Historic Property. Applicant shall include a copy of the letter in Appendix "T". If the Preservation Professional determines that the property is a contributing structure which is either listed in the National Register or is eligible for listing in the National Register (or a lot within such a listed or eligible district), prior to the initiation of any work, the Applicant shall request the Preservation Professional's review of the proposed work. Within thirty (30) days from the receipt of a request from the Applicant, the Preservation Professional shall review work write-ups or plans and specifications submitted for all proposed activities for their effects to historic properties as follows: The Applicant in consultation with the Preservation Professional shall develop preliminary design documents for SHPO review and approval prior to the initiation of construction activities. The Applicant shall take into account the comments and recommendations made by the Preservation Professional for both rehabilitation and new construction activities. a) Other: The Applicant shall notify SHPO when ground-disturbing activities, to include excavation for footing and foundations, installation of utilities such as sewer, water, storm drains, electrical, gas, leach lines, and septic tanks, are proposed as part of an undertaking. In addition, if previously unidentified historic properties, including 2010 Environmental Manual DCA Office of Affordable Housing Page 31 of 52 archaeological sites, are discovered during project rehabilitation or construction, the Applicant shall immediately stop all project activities. The Applicant shall immediately contact the Preservation Professional for consultation. e. Public Participation Regarding Activities The Applicant, in consultation with the Preservation Professional, shall determine the public interest in planned rehabilitation or new constructions activities which may affect potentially historic properties or districts by informing the public about potentially historic properties while meeting its public participation requirements as set forth in the regulations for the HOME program and in complying with 24 CFR Part 58. Section 106 procedures require public participation and consultation with the State Historic Preservation Officer and any individuals and organizations that have a demonstrated interest in the undertaking of the historic preservation project at every stage of the process, i.e., from 1) initiation; 2) identification and evaluation of historic properties; 3) determination of effects; 4) resolution of adverse effects; to 5) completion. This is intended to insure that the people and entities most affected by a federally funded project have an opportunity to participate in the decisions affecting it. The Applicant shall notify the Preservation Professional of the public interest in any project activities if planned activities are determined to trigger the requirements of Section 106.. The Applicant shall record all comments received at any public meetings, in writing, or by phone, which records shall become part of the Historic Preservation Environmental Review Record. C. Required Documentation for Phase I Reports. The following documents must be included in the Phase I Report: 1. Environmental Consultant Signature Page for Phase I Reports. This document must be completed, signed by the appropriate parties, and included immediately after the cover of the Phase I Report. This form can be found within the Forms Section in this Manual. 2. The Environmental Certification. This document must be completed, signed by the Environmental Professional, and included in Appendix P. This form can be found within the Forms Section in this Manual. 3. Owner Environmental Questionnaire & Disclosure Statement. a. This document must be completed and signed by the owner of record of the proposed development site, and must be signed and notarized in the spaces provided no earlier 2010 Environmental Manual DCA Office of Affordable Housing Page 32 of 52 than ninety (90) days prior to Application submission. This form can be found within the Forms Section in this Manual. b. For all information to the document which is not or cannot be provided by the owner of record, the Environmental Professional must seek out the information and address the information in the Phase I Report. c. The signed and notarized Owner Environmental Questionnaire & Disclosure Statement must then be forwarded to the Environmental Professional to be reviewed and included in Appendix L of the Phase I Report. 4. Phase I Documentation: Property Log and Information Checklist. This document must be prepared by the Environmental Professional and attached to the Phase I Report. All entries must be fully documented and explained in the Phase I Report. This form can be found within the Forms Section in this Manual. 5. HOME and HUD Environmental Questionnaire. This document must be included in the Phase I Report for all projects requesting HOME funding and/or listing HUD funding sources, including but not limited to PBRA. This form can be found within the Forms Section in this Manual. 6. Proof of Insurance. Proof of insurance in specified amounts listing GHFA and DCA as an additional insured on the general commercial liability policy and giving the proper cancellation period. 7. Comprehensive Historical Review. This must be discussed in the Phase I Report and documentation must be included in Appendices C and D of the Phase I Report. 8. Letters of Reference. The environmental consulting firm which performed the Phase I (and Phase II, if required) must include in Appendix O of the Phase I Report, three letters of reference attesting to the firm's prior work. At least one of the references should be from a real estate firm or law firm that used the environmental consulting firm to support a real property transaction. 9. The Georgia Historic Preservation Division Environmental Review Form. This document must be prepared by the Environmental Professional and a copy must be attached to the Phase I Report for all deals that have properties that may have an effect upon properties included in or eligible for inclusion in the National Register of Historic Places. 2010 Environmental Manual DCA Office of Affordable Housing Page 33 of 52 All entries must be fully documented and explained in the Phase I Report. This form can be found within the Forms Section in this Manual or on HPD website. D. Requirements for Phase II Investigations and for Any Other Testing 1. The purpose of a Phase II or any other testing (collectively referred to in this Section as "Phase II" work) is typically to determine the presence or absence of recognized environmental condition(s), suspected environmental concern(s), or non-scope issue(s), or to quantify the extent of an actual or suspected release or potential release identified in the Phase I Report. The Phase II may require additional information gathering and/or physical sampling, if appropriate. a. If the Phase I Report documents a recognized environmental condition, suspected environmental concern or non-scope issue, a Phase II Environmental Site Investigation is required in all but the most exceptional circumstances. The Phase II investigation must be completed as part of the Application submission and the Phase II Scope of Services must be submitted to DCA in Appendix E of the Phase I Report. Please also see Section I.A.16.b(ii) supra. b. The Phase II need only extend to those investigations necessary to resolve the recognized environmental conditions, suspected environmental concerns, or non-scope issues, or to quantify the extent of any release identified in the Phase I Report. If clear and convincing evidence exists that a property is not impacted by a potential recognized environmental condition, suspected environmental concern, or non-scope issue, then DCA at its sole discretion may waive the requirement for a Phase II for that issue. c. The Phase II must include thorough documentation of the methods utilized to conduct sampling and research. Good management practices and regulatory standards must be followed at all times, especially where physical sampling and laboratory analysis is involved. Groundwater sampling activities must comply with current U.S. Environmental Protection Agency and Georgia Environmental Protection Division standards and policies. 2. If a Phase I Report recommends a Phase II Environmental Site Investigation or other further testing, the Phase II Scope of Services must be included in Appendix E of the Phase I report 2010 Environmental Manual DCA Office of Affordable Housing Page 34 of 52 at the time of final Application submission. However, the Applicant is strongly encouraged to submit the Phase I Report, a proposed Phase II scope of work and the Site Map (discussed above) no later than sixty (60) days prior to Application submission in order to facilitate the DCA review process. The proposed Phase II scope of work must be submitted to the attention of the OAH Construction Manager/Staff Architect with a cover letter clearly indicating that a proposed Phase II scope of work is enclosed. a. The proposed Phase II scope of work must: (i) List the recognized environmental conditions, suspected environmental concerns, and/or non-scope issues. (ii) Specify the locations and depth of any proposed monitoring wells, soil borings, and/or samples and include a Site Map showing the same. (iii) Specify the number of samples and depth of samples. (iv) Specify the test methods and analytical methodology which will be used. (v) Include a cost assessment for all Phase II investigation and reporting activities. b. Please see Section II.A.16.a supra. 3. The Phase II Report must be performed under the supervision of, reviewed, signed, and certified by an Environmental Professional, using the Environmental Consultant Signature Page for Phase II Reports, which can be found in the Forms Section of this Manual. The Environmental Certification must appear immediately following the cover page of the Phase II Report. If the Environmental Professional supervising and signing the Environmental Consultant Signature Page for Phase II Reports in the Phase II Report is not the same as the Environmental Professional who signed the Phase I Report for the property, the qualifications of such personnel should be described in the Phase II Report. 4. The Phase II Report must summarize in a table and/or figure format all soil and/or groundwater analytical data, including sample depth, from the current environmental site assessment and any previous environmental site assessments. This summary must also include all applicable state and federal notification and/or cleanup standards. 5. The Environmental Professional must utilize a photo-ionization detector ("PID"), or other appropriate field organic screening instrument, to analyze the likely presence of volatile organic compounds in any soil borings or samples taken during the performance of any Phase II or any other soil testing event and must discuss the results of the PID analysis in 2010 Environmental Manual DCA Office of Affordable Housing Page 35 of 52 the Phase II Report. NEW REQUIREMENT: For all HOME and HUD funded projects, the Phase I ESA must include a Tier I vapor intrusion (VIA) assessment to determine if there is a potential for vapors to occur in the subsurface below existing and/or proposed onsite structures from hazardous substances that consist of VOCs, SVOCs and inorganic volatile compounds. If the VIA reveals that a vapor intrusion condition ("VIC") exists and "may" present an unacceptable health risk to occupants, addtional assessment must be performed according to ASTM E 2600-08 standards. For more guidance, please refer to ASTM E 2600. 6. The Phase II Report must include an estimate of costs for any necessary environmental remediation. This cost estimate must be included in the development cost estimates and contain both the total estimated costs and the estimated costs for each separate activity. 7. The Phase II Report must be clearly dated on the cover and not less than one hundred eighty (180) days old at the time of formal application submittal. a. Appropriate documentation (e.g., records review data or research, photographs, interview notes, any analytical results, etc.) that supports the findings and opinions in the Phase II Report must be included in the appendices to the Report. b. The Environmental Professional must thoroughly explain all investigations, analytical data, test results, findings, and conclusions in the Phase II Report. The Phase II Report must also include the Environmental Professional's interpretations and clear recommendations. c. For any groundwater testing for metals, turbidity measurements must be performed in the field. If turbidity is greater than 5 Nephelometric Turbidity Units ("NTUs"), both filtered and non-filtered analysis must be run. d. The Phase II Report must contain a copy of any soil boring logs and must show the depth to groundwater, except where borings were not installed to groundwater. 8. The Environmental Professional must require any laboratory submitting analytical results relating to a project to provide the following stipulation in the report: I stipulate that [name of laboratory] is accredited by [name of accrediting agency] and has been assigned [accreditation number]. The accreditation relates to [media - e.g., air, drinking water, hazardous waste]. The effective date of accreditation is [date] and 2010 Environmental Manual DCA Office of Affordable Housing Page 36 of 52 expires on [date]. I further certify that the sample(s) for which this data is being submitted has been handled pursuant to the appropriate chain of custody. Signed by: ____________________ Date: ____________________ E. Professional Opinion and Related Requirements for Phase I and Phase II Reports 1. Primary Requirements. a. In any Phase I Report, the Environmental Professional must provide a professional opinion as to: (i) The existence or non-existence of any recognized environmental conditions, suspected environmental concerns, and/or non-scope issues. (ii) Whether the property has known contamination or is at risk for contamination from any recognized environmental conditions, suspected environmental concerns and/or non-scope issues. (iii) Whether further environmental assessment activities are necessary. (iv) Whether "all appropriate inquiry," as described in Section 3.2.6 of ASTM E 1527-05, was conducted. (v) Whether the review of pertinent documents or conditions addressed in each sub-section in Sections 4.0 and 5.0 of the Phase I Report indicates or does not indicate the presence of any recognized environmental conditions. b. In any Phase II Report, the Environmental Professional must provide a professional opinion as to: (i) Whether the property is contaminated. (ii) Whether any contamination discovered is from an on-site or off-site recognized environmental condition, suspected environmental concern, and/or non-scope issue. c. The Environmental Professional must identify and comment upon the significance of all data gaps that affect the Environmental Professional's ability to identify any 2010 Environmental Manual DCA Office of Affordable Housing Page 37 of 52 recognized environmental conditions, suspected environmental concerns, and/or nonscope issues in Section 6.0 of the Phase I Report. d. The Phase I or Phase II Report must list the following parties as "users" of the Report and state that they may use and rely upon it: the entity that has title to the property or the entity that will take title to the property, project development partners, equity partners for the project, and any other party which would be defined as a "user" within the meaning of Section 3.2.93 of ASTM. For Phase I Reports, this list should be included in Section 2.6 of the Report and each of the named users must be interviewed for the "user interview" portion of the Report, Section 4.3. e. The Phase I Report or Phase II Report and the Environmental Certification must state that DCA and GHFA may rely on the Phase I Report and Phase II Report. For Phase I Reports, this statement should be included in Section 2.6 of the Report. 2. Additional Requirements. In any Phase I or Phase II where contamination from an on-site or off-site source is known or has been determined, the Environmental Professional must provide a professional opinion as to: a. Whether any regulatory reporting or cleanup obligations are triggered. b. Whether any onsite or offsite contamination at or in close proximity to the subject property poses a hazard to human health and safety. c. Whether the subject property is likely to be listed on the Georgia Hazardous Site Inventory ("HSI") or otherwise become part of an HSI site based on any documented soil and/or groundwater contamination. d. Whether the proposed project would exacerbate any existing contamination, upon reviewing the site plans. 3. Restrictions/Limitations. The Phase I and/or Phase II Report(s) providing the Environmental Professional's professional opinion may not contain: a. Any language eliminating or disclaiming the liability of the Environmental Professional or their firm. b. Any language eliminating or modifying the Environmental Professional's duties, obligations, or statement of work. 2010 Environmental Manual DCA Office of Affordable Housing Page 38 of 52 c. The report may not state that it is exclusively for the use of the party who hired the Environmental Professional or that there is no accountability, obligation or liability to any third party. F. Insurance Requirements 1. The Environmental Professional must carry insurance which provides full coverage for all work performed. The Environmental Professional must maintain insurance policies covering all of the following types of insurance in the greater of either the following amounts of coverage or the amounts of coverage that the Environmental Professional typically carries: a. Commercial General Liability insurance, total combined single limits of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate; b. Professional Errors and Omissions insurance with limits of $2,000,000.00 each claim and $2,000,000.00 in the aggregate; and c. Pollution Liability insurance with limits of $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate, with coverage extended to include third party liability for death, bodily injury, diminution of value of property and property damage. 2. The Georgia Housing and Finance Authority (GHFA) and DCA must be named as an additional insured on the commercial general liability insurance. In addition, GHFA and DCA must also be listed as a certificate holder on all policies. The insurance should be documented on an Acord 25 certificate. Such insurance, including any deductible or self- insured retention, shall by its terms be primary with respect to any insurance carried by the Applicant or any parent, subsidiary, or affiliated entities. For such policies written on a claims-made basis, the Environmental Professional must maintain such coverage for a period of at least three (3) years following the completion of the final Phase I and/or Phase II Reports. 3. The Environmental Professional must promptly notify DCA/GHFA of any changes made to the insurance policies required by this Section. 4. Upon written request of DCA/GHFA, the Environmental Professional must promptly deliver copies of policies evidencing the insurance coverages required by this Section (F) to DCA/GHFA. 2010 Environmental Manual DCA Office of Affordable Housing Page 39 of 52 5. All required insurance shall be underwritten by an insurance carrier acceptable to DCA/GHFA and with an AM Best rating of not less than A-. Such insurance policies are to provide that the insurer must give DCA/GHFA at least thirty (30) days prior written notice of cancellation/termination/material change, and to provide that no action by the insured shall invalidate or diminish the insurance or bond(s) provided to DCA/GHFA. 6. Proof of insurance must be included in Appendix N to the Phase I Report. 7. For ease of processing, the project name should be included on the insurance certificate. G. HUD Environmental Clearance & Publication Requirements or Environmental Review Process for project applying for HOME or other federal funding. The Georgia Department of Community Affairs, as the responsible entity (RE) referred to in 24 CFR 58.43, Environmental Review Procedures for Entities Assuming HUD Responsibilities, is responsible for undertaking environmental reviews for proposed HOME projects. In this capacity, DCA must ensure that the environmental review process is satisfied before certain HUD funds are committed to specific projects. When initial awards of HOME funds are announced, DCA will publish notices of its intent to allocate HOME funds in local newspapers in the proposed projects' areas. After comments, if any, have been received, HUD will review the comments to determine if there has been a finding. Once that process is complete and there has been no finding, DCA will seek HUD's approval of its commitment of HOME funds to the proposed project. In order to ensure that the environmental review process is not challenged, or to avoid non compliance with HUD's environmental procedures Owners and/or Developer of proposed projects must, once applications are submitted, refrain from undertaking activities that could have an adverse environmental impact prior to the receipt of an environmental clearance letter from DCA removing the stipulated conditions. Such activities include: acquiring, rehabilitating, converting, leasing, repairing, or constructing property. As a result, an Applicant can not commit or expend HUD or non-federal funds until the environmental review process has been completed and the Owner and/or Developer has received a clearance letter from DCA permitting project activites. For a detailed procedures for the complying with this requirment and completing the HOME HUD Questionaire, please see the HOME HUD Enivronmental Guidance 2010 Environmental Manual DCA Office of Affordable Housing Page 40 of 52 III. DCA Evaluation and Conclusions DCA conducts an independent review of the environmental materials submitted with an application. Any environmental concerns or issues identified (e.g., soil or groundwater contamination) in the Phase I or Phase II review must be addressed in accordance with these Standards. In addition, DCA will routinely conduct an independent review of publicly available information regarding the environmental condition of a property. DCA may require additional assessment of a property, including but not limited to, file review and/or Phase II sampling. Environmental issues with the potential to impact the subject property which are not satisfactorily identified by the Environmental Professional and are later identified by DCA can be grounds for failing the threshold review. Issues that cannot be resolved during the Application period, or which present or may present a risk to the health or safety of persons or to the environment, and/or that present an unacceptable degree of lender and/or owner liability will be grounds for site rejection. Such decisions will be made at DCA's sole discretion. Increasingly, applicable law requires environmental remediation and repair work to be performed and documented according to strict regulatory standards. If proper documentation does not exist to substantiate remedial work performed prior to the commencement of the Phase I, then limited confirmatory testing or a Phase II may be required. Upon review of the completed Phase I and/or Phase II reports, DCA, at its sole discretion, may impose additional assessments and/or environmental actions including, but not limited to, (i) performing remediation and confirmatory testing; (ii) obtaining a brownfield's "limitation of liability"; (iii) obtaining a "no listing" letter under HSRA; (iv) developing a Noise Attenuation Plan; or (v) developing an Operations and Maintenance Plan ("O&M Plan"), as a requirement for, or condition of, a funding commitment or tax credit allocation. Properties with recognized environmental conditions, potential environmental concerns, or non-scope issues that are not satisfactorily addressed by Phase II testing are unlikely to pass the threshold review or be approved for funding or tax credits. No project expenditures may be incurred or any HOME funds drawn down for any activity (other than exempt activities) prior to receipt of an environmental clearance letter releasing the conditions/funds. This may be obtained by completing an environmental review of each project as described in Part III of the 2008 Environmental Manual. 2010 Environmental Manual DCA Office of Affordable Housing Page 41 of 52 DCA reserves the right to refuse to fund or to withdraw funding from a project in which environmental hazards are discovered subsequent to DCA's completion of its threshold review. However, at DCA's sole discretion, applicants may be given the opportunity (i) perform additional testing; (ii) perform remediation and confirmatory testing; (iii) obtain a brownfield's "limitation of liability"; (iv) obtain a "no listing" letter under HSRA; (v) develop a Noise Attenuation Plan; or (vi) develop an O & M Plan with respect to certain known, suspected, or potential environmental hazards which are discovered during the Phase I and/or Phase II reviews. Option (vi) may be exercised when HUD and/or EPA regulations allow the environmental hazard to remain at the site. IV. Operations and Maintenance Plans Some properties may have conditions that are currently acceptable but must be maintained or confirmed throughout the compliance or affordability period or the life of the loan whichever is greater with an ongoing O&M Plan. Examples may include the presence of ACM, lead-based paint, or underground storage tanks. The following documentation will be necessary for properties that require ongoing operations and maintenance: 1. A written O&M Plan must be submitted to DCA by the developer/owner immediately upon the completion of any remedial actions required. An Environmental Professional must prepare and certify that the provisions, if carried out with diligence, are sufficient to maintain the property in accordance with the DCA O & M Guidance Plan, sound business practices, and any other applicable regulatory standards. DCA will review the O & M Plan and determine if it meets the standards set forth in the DCA O & M Guidance Plan. The developer/owner must execute a written agreement with DCA which recognizes the developer/owner's obligation to carry out the O & M Plan including, if applicable, preparing documentation necessary to demonstrate compliance. At its discretion, DCA may require additional O & M Plan provisions. 2. The developer/owner must send to DCA written certification on an annual basis which certifies the property is being maintained in accordance with any applicable O & M Plans, environmental laws and regulations. The developer/owner must make an on-site inspection and inquiry before making the certification. The scope of the certification should include 2010 Environmental Manual DCA Office of Affordable Housing Page 42 of 52 both the buildings and grounds, and cover the activities of the developer/owner, tenants, sub-lessees, their agents and any other third parties. These certifications must specifically address the ongoing effectiveness and adequacy of all current remedial and maintenance actions. Such certifications must be included as part of the annual Physical Inspection Report submitted to DCA. 3. In addition, an inspection and confirmation must be made immediately following the occurrence of events which might reasonably be expected to impact the environmental condition of the property or the efficacy of prescribed remedial or maintenance actions. Such events would include, but are not limited to fire, flood, building construction or rehabilitation, spills or leaks of hazardous wastes or substances, unusual or intense use of property facilities, and/or significant changes in custodial or management personnel. 4. If the developer/owner is unable to confirm that the property is being maintained in accordance with any applicable O & M Plans, environmental laws, and regulations, the developer/owner must take any and all remedial and maintenance actions necessary to correct these conditions. The developer/owner must promptly confirm in writing to DCA the environmental status of the property immediately following implementation of any remedial actions. 5. The developer/owner must report to DCA and the appropriate local, state, or federal authority all known violations of applicable environmental statutes and state laws on the property. In addition, the developer/owner must take all necessary actions to ensure that all violations are promptly corrected and that the property is brought back to and maintained in full compliance with appropriate environmental statutes and good management practices. 2010 Environmental Manual DCA Office of Affordable Housing Page 43 of 52 V. Required Format for Phase I Report COVER ENVIRONMENTAL CONSULTANT SIGNATURE PAGE TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY 1.1 Location and Legal Description of the Property 1.2 Environmental Concerns and Conclusions 1.2.1 On-Site 1.2.2 Off-Site 1.3 Recommendations 1.3.1 On-Site 1.3.2 Off-Site 2.0 INTRODUCTION 2.1 Background (including purpose of the Phase I) 2.2 Procedures (including a detailed Scope of Services) 2.3 Significant Assumptions 2.4 Qualifications of Personnel/Documentation of qualifications as an "Environmental Professional" 2.5 Assessment of Specialized Knowledge or Experience of User and/or "Environmental Professional" 2.6 Limitations and Exceptions 2.7 Special or Additional Conditions or Contract Terms 3.0. SITE SETTING 3.1. General Description of the Site and Vicinity 3.1.1. Current Site Use and Description 3.1.2. Current Uses of Adjoining Properties 3.1.3. Description of Structures, Roads, and Other Improvements (including exterior and interior observations) 3.2. Hydrogeology 3.2.1. Geologic Setting 3.2.2. Surface Drainage 3.2.3. Groundwater 3.3. Wetlands 3.4. Floodplain/Floodway 3.5. State Waters 3.6. Endangered Species 2010 Environmental Manual DCA Office of Affordable Housing Page 44 of 52 4.0 REGULATORY INFORMATION 4.1 Data Review 4.1.1 Standard Environmental Record Sources 4.1.1.1 Sites listed in Section 8.2.1 of ASTM E 1527-05 and in Exhibit B1 4.1.1.2 Orphan/Unmappable Sites 4.1.2 Additional Environmental Record Sources 4.1.2.1 Local Brownfield Lists 4.1.2.2 Local Lists of Landfill/Solid Waste Disposal Sites 4.1.2.3 Local Lists of Hazardous Waste/Contaminated Sites 4.1.2.4 Local Lists of Registered Storage Tanks 4.1.2.5 Local Land Records (for activity and use limitations) 4.1.2.6 Records of Emergency Release Reports 4.1.2.7 Records of Contaminated Public Wells 4.1.2.8 Planning Department Records 4.1.2.9 Local/Regional Pollution Control Agency Records 4.1.2.10 Local/Regional Water Quality Agency Records 4.1.2.11 Local Electric Utility Companies (for records related to PCBs) 4.1.2.12 Other 4.2 Agency Contacts/Records 4.2.1 Local Fire Department Official 4.2.2 State, Local, or Regional Health or Environmental Agency 4.2.3 Local Building Permit Agency Official 4.2.4 Local Groundwater Use Permit Agency Official 4.3 Interviews 4.3.1 Current Key Site Manager, Occupants, or Owners of the Property 4.3.2 Current Owners or Occupants of Neighboring Properties 4.3.3 Past Owners, Occupants, or Operators of the Property 4.3.4 User(s) 4.3.4.1 Title Records 4.3.4.2 Environmental Liens 4.3.4.3 Specialized Knowledge of the User 4.3.4.4 Commonly Known/Reasonably Ascertainable Information 4.3.4.5 Reason for Performing the Phase I 4.3.4.6 Relationship of Purchase Price to Fair Market Value (if Property being purchased) 4.3.4.6.1 Purchase Price 4.3.4.6.2 Differential between Purchase Price and Market Value 4.3.4.6.3 Reasons For Any Differential 5.0 SITE INFORMATION AND USE 5.1 Site Reconnaissance Methodology and Limiting Conditions 5.2 General Site Setting 5.3 Assessment of Commonly Known/Reasonably Ascertainable Information 2010 Environmental Manual DCA Office of Affordable Housing Page 45 of 52 5.4 Current Site Use 5.4.1 Storage Tanks 5.4.2 Hazardous and Petroleum Products Containers/Drums 5.4.3 Heating and Cooling 5.4.4 Solid Waste 5.4.5 Sewage Disposal/Septic Tanks 5.4.6 Hydraulic Equipment 5.4.7 Contracted Maintenance Services 5.4.8 Electrical Equipment/PCBs 5.4.9 Water Supply and Wells 5.4.10 Drains and Sumps 5.4.11 Pits, Ponds, Lagoons, and Surface Waters 5.4.12 Stressed Vegetation 5.4.13 Stained Soil or Pavement 5.4.14 Odors 5.4.15 Utilities/Roadway Easements 5.4.16 Chemical Use 5.4.17 Water Leaks/Mold/Fungi/Microbial Growth 5.4.18 Asbestos 5.4.19 Lead-Based Paint 5.4.20 Lead in Drinking Water 5.4.21 Radon 5.4.22 Noise 5.4.23 Other Site Reconnaissance Issues 5.5 Past Site Use 5.5.1 Recorded Land Title Records 5.5.2 Environmental Liens 5.5.3 Activity and Use Limitations (a.k.a. Engineering and/or Institutional Controls) 5.5.4 Aerial Photographs and Topographic Maps 5.5.5 Sanborn Fire Insurance Maps 5.5.6 City Directories 5.5.7 Previous Environmental Studies 5.5.8 Other 5.6 Current Surrounding Land Use 5.6.1 North 5.6.2 East 5.6.3 South 5.6.4 West 5.7 Past Surrounding Land Use 5.7.1 North 5.7.2 East 5.7.3 South 5.7.4 West 5.8 Historic Preservation 2010 Environmental Manual DCA Office of Affordable Housing Page 46 of 52 6.0 DATA GAPS 6.1 Identification of Data Gaps 6.2 Sources of Information Consulted to Address Data Gaps 6.3 Significance of Data Gaps 7.0 ENVIRONMENTAL CONCERNS 7.1 On-Site 7.2 Off-Site 8.0 CONCLUSIONS & RECOMMENDATIONS 8.1 On-Site 8.2 Off-Site 9.0 DATA REFERENCES 10.0 VALUATION REDUCTION (Unless the specific information is previously provided by User in the User Interview) 10.1 Purchase Price 10.2 Interview of Broker Regarding Market Value 10.3 Differential between Purchase Price and Market Value 10.4 Environmental Reasons For Any Differential APPENDIX A -- FIGURES AND MAPS 1. USFWS National Wetlands Inventory Map 2. FEMA Map 3. Site Map 4. USGS Topographic Map APPENDIX B -- PHOTOGRAPHS (including date and description of view presented) APPENDIX C -- HISTORICAL RESEARCH DOCUMENTATION 1. Historic aerial maps 2. Fire insurance maps 3. Historical topographical maps APPENDIX D -- DOCUMENTATION FROM TITLE COMPANY/TITLE PROFESSIONAL 1. Recorded land title records 2. Records of environmental liens and activity and use limitations) 3. Legal description APPENDIX E -- CURRENT PHASE II SCOPE OF WORK (if applicable) AND ANY PREVIOUS PHASE II REPORTS APPENDIX F -- REGULATORY SEARCH INFORMATION APPENDIX G -- RECORD OF COMMUNICATIONS AND INTERVIEWS 1. User/applicant interview 2010 Environmental Manual DCA Office of Affordable Housing Page 47 of 52 2. (abandoned properties) Interview of owners and occupants of neighboring properties 3. documentation of attempts to interview: a. local fire department; b. state or local health department or environmental agency; c. local agency responsible for issuance of building permits; d. local agency responsible for issuance of groundwater APPENDIX H -- AUTHOR CREDENTIALS, DOCUMENTATION OF QUALIFICATION AS AN "ENVIRONMENTAL PROFESSIONAL" APPENDIX I -- PREVIOUS PHASE I ENVIRONMENTAL REPORTS (if available) APPENDIX J -- NOISE ASSESSMENT DOCUMENTATION 1. Noise assessment report 2. Noise attenuation plan (if applicable) APPENDIX K -- ADDITIONAL HOME REQUIREMENTS (if applicable) 1. HOME and HUD Environmental Questionnaire 2. HOME and HUD Questionnaire supporting documentation 3. 8-step process for floodplains and wetlands APPENDIX L -- OWNER ENVIRONMENTAL QUESTIONNAIRE APPENDIX M -- PROPERTY LOG AND INFORMATION CHECKLIST APPENDIX N -- PROOF OF INSURANCE APPENDIX O -- LETTERS OF REFERENCE APPENDIX P -- ENVIRONMENTAL CERTIFICATION APPENDIX Q-- TESTING REPORTS (if applicable) 1. Lead paint 2. Lead in soil 3. Lead in water 4. Asbestos 5. Radon APPENDIX R-- CONSUMER CONFIDENCE REPORT ON WATER QUALITY APPENDIX S-- ENDANGERED SPECIES DOCUMENTATION (if applicable) APPENDIX T-- SHPO REVIEW DOCUMENTATION (if applicable) APPENDIX V-- OPERATION AND MAINTENANCE MANUAL (if applicable) APPENDIX W-- OTHER (if applicable) 2010 Environmental Manual DCA Office of Affordable Housing Page 48 of 52 VI. Common Errors or Omissions and Documentation Checklist This checklist reflects items commonly omitted or problematic with the Phase I Environmental Site Assessments. Since this checklist is not intended to be a comprehensive checklist of all items required for a DCA approved Phase I Environmental Site Assessment, please read the Environmental Guide thoroughly before submitting a Phase I report to DCA. Common Omissions Include: Report Date (not included on the cover). Environmental Certification Form. Signature of the Environmental Professional on the Environmental Certification form. Signature of the Applicant on the Environmental Certification form. Environmental Professional's resume, qualifications, letters of reference. Proof of insurance in specified amounts on appropriate certification forms; GHFA and DCA listed on the certificate as a certificate holder and as an additional insured for the commercial general liability policy. Owner Environmental Questionnaire and Disclosure Statement. Property Log. Incomplete HOME and HUD Environmental Questionnaire. Professional Opinion, conclusions, and recommendations on all matters observed on the subject site and or surrounding sites in the Executive Summary and in Sections 4.0 and 5.0 of the Report. Date of Site Reconnaissance. Comprehensive historical review in accordance with ASTM requirements and DCA standards. Interviews names and titles of interviewees; documentation of all interviews and attempts to interview in the Appendices. Geological investigation. Floodplain investigation and map. 2010 Environmental Manual DCA Office of Affordable Housing Page 49 of 52 Wetlands investigation, including wetlands maps. Site map indicating groundwater flow. Discussion of each property identified in the environmental regulatory database(s) and rationale(s) for determining whether or not each property presents a recognized environmental condition to the subject property. Photographs: dates. Noise Assessment Report and professional opinion (including NAG when noise levels exceed HUD limitations). Radon site classification for new construction; Radon testing in buildings for rehabilitation. Survey of mold conditions in buildings for rehabilitation. Lead in Drinking Water documentation. Asbestos sampling/survey. Lead Based Paint sampling. Map locating all sites identified in Regulatory Review, including, but not limited to the following: FINDS Federal CERCLIS/CERCLIS NFRAP RCRA TSD RCRA Generators NPL ERNS TRI UST State LUST HSRA (a.k.a. non-HSI) HSI Spills List SWS RCRA CORRACTS Common Errors Include: Report Date (outdated). DCA Format not followed. Noise Assessment Report and professional opinion (not including 10 year traffic projections). 2010 Environmental Manual DCA Office of Affordable Housing Page 50 of 52 Use of Disclaimer language inconsistent with requirements of these Environmental Guidelines. Site reconnaissance observations not sufficiently discussed. Photographs: observations and potential environmental impacts not sufficiently discussed. 2010 Environmental Manual DCA Office of Affordable Housing Page 51 of 52 VII. Glossary of Terms and Acronyms HSRA Georgia Hazardous Site Response Act [O.C.G.A. Section 12-8-90 et seq.] HSI Hazardous Site Inventory CERCLA Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. Section 9601 et seq.], as amended by the Superfund Amendment and Reauthorization Act of 1986 CERCLIS Comprehensive Environmental Response, Compensation and Liability Information System CERCLIS NFRAP CERCLIS--no further remedial action planned EPCRA Emergency Planning and Community Right to Know Act of 1986 [43 U.S.C. Section 11001 et seq.] EPD Georgia Department of Natural Resources, Environmental Protection Division ERNS Emergency Response Notification System [40 C.F.R. Parts 300, 370, and 372] FINDS Facility Index System [40 C.F.R. Section 6901 et seq.] LUST Leaking Underground Storage Tank Act NPL National Priorities List [42 U.S.C. Section 9605] RCRA Solid Waste Disposal Act as Amended by Resource Conservation and Recovery Act [42 U.S.C. Section 6901 et seq.] RCRA CORRACTS RCRA corrective action database RCRIS Resource Conservation and Recovery Information System SARA Superfund Amendments and Reauthorization Act of 1986 TRI Toxics Release Inventory 2010 Environmental Manual DCA Office of Affordable Housing Page 52 of 52