My project is sited on a land mass which happens to be a remediated ash basin site on a facility which is now being transformed into a gas powered plant ( from a coal plant) and has now transformed this zone for storing waste coal into a sustainable and safe land mass for new construction.

This already qualifies for LTc3 - High Priority Site - Option 3, and I believe it also qualifies for LTc2- Sensitive Land Protection - Option 1, considering it was fully utilized for many years in ways somewhat comparable to what a farmland or waste disposal landfill site would have been used. 

The item or verbiage in contention here; are the words "previously developed" for Option 1.