CPP CPP Site Assessment & Due Diligence 2 — Questions and Answers
Question 1: What is a 'wetland delineation' and who is qualified to perform one in the US?
- A field investigation identifying wetland boundaries using hydrology, hydric soils, and hydrophytic vegetation criteria (Correct answer)
- A review of FEMA flood maps to identify wetland areas
- An aerial photograph analysis of potential wetland areas
- A state agency determination based on parcel zoning records
Correct answer: A field investigation identifying wetland boundaries using hydrology, hydric soils, and hydrophytic vegetation criteria
Wetland delineations use the Army Corps of Engineers 3-parameter approach (hydrology, soils, vegetation) to identify and map wetland boundaries; qualified environmental scientists or engineers conduct them.
Question 2: What is a 'Jurisdictional Determination' (JD) from the Army Corps of Engineers?
- An official Corps determination of whether waters or wetlands on a site are subject to Section 404 jurisdiction (Correct answer)
- A federal court ruling on a permit dispute
- A state agency decision about water rights
- A Corps decision approving a Section 404 permit application
Correct answer: An official Corps determination of whether waters or wetlands on a site are subject to Section 404 jurisdiction
A Jurisdictional Determination is the Corps' official finding about whether specific areas qualify as waters of the US and are subject to Section 404 permitting requirements.
Question 3: In conducting site due diligence, what is a 'regulatory database search' designed to reveal?
- Properties listed on federal and state environmental databases as contaminated or regulated sites near the subject property (Correct answer)
- Zoning designations and permitted uses for a property
- Prior permits issued for the subject property
- Tax assessment records for neighboring properties
Correct answer: Properties listed on federal and state environmental databases as contaminated or regulated sites near the subject property
Regulatory database searches identify properties listed on EPA, state, and local databases (Superfund, RCRA, UST, leaking underground storage tank lists) near the subject property that could indicate contamination concerns.
Question 4: What is the purpose of a 'geophysical survey' during site investigation?
- To detect subsurface features like buried tanks, utilities, or debris using non-invasive methods (Correct answer)
- To measure seismic risk at a project site
- To test soil bearing capacity for foundation design
- To assess air quality around an industrial facility
Correct answer: To detect subsurface features like buried tanks, utilities, or debris using non-invasive methods
Geophysical methods like ground-penetrating radar (GPR) and electromagnetic induction (EMI) detect subsurface anomalies without drilling, helping locate buried tanks, drums, utilities, or fill areas before sampling.
Question 5: What is an 'underground storage tank' (UST) regulatory concern in property due diligence?
- USTs are major sources of soil and groundwater contamination from leaking petroleum products, creating significant CERCLA liability (Correct answer)
- USTs require annual EPA registration fees regardless of condition
- Only USTs in regulated industries (gas stations) create permitting concerns
- Abandoned USTs are automatically cleaned up by state programs
Correct answer: USTs are major sources of soil and groundwater contamination from leaking petroleum products, creating significant CERCLA liability
Leaking USTs are one of the most common sources of soil and groundwater contamination in the US, with EPA's UST program regulating their installation, operation, and closure to prevent and address releases.
Question 6: What is a 'Limited Phase II' or 'targeted Phase II' investigation?
- A focused sampling investigation addressing specific RECs identified in Phase I rather than comprehensive site-wide sampling (Correct answer)
- A Phase II conducted without laboratory analysis
- A Phase II ESA conducted only on the building structure
- A preliminary investigation conducted before a Phase I ESA
Correct answer: A focused sampling investigation addressing specific RECs identified in Phase I rather than comprehensive site-wide sampling
A limited or targeted Phase II investigates specific concerns identified in Phase I (such as a former UST area or hydraulic lift pit) rather than sampling the entire property, balancing cost with the need for data.
CPP CPP Site Assessment & Due Diligence 2
What is a 'wetland delineation' and who is qualified to perform one in the US?