In our first review, our credit was denied. We are on a zero lot line property with the building occupying the entire site, but the site is listed on the state DEQ register of brownfield sites. Our review comment: "The LEED Form states that the project site is defined as a brownfield by a local, state, or federal government agency.
However, the Phase I Environmental Site Assessment did not identify any recognized environmental conditions and no remediation efforts were performed. The project must document that the project site was contaminated and remediated in order to demonstrate credit compliance."
I don't understand. If the local agency designates it, isn't that enough under OPTION 2? The Reference guide defines a brownfield as real property whose use may be complicated by the presence or POSSIBLE presence of haz substance, pollutant, or contamination.
Larry Sims
PrincipalStudio4, LLC
LEEDuser Expert
161 thumbs up
January 25, 2015 - 12:49 pm
In the Bird’s Eye View (above): “… brownfields are often designated as such simply because of the perception that contamination is present due to a site’s history of use, abandoned or derelict condition, adjacent industrial sites. If investigation finds that contamination is not present despite the brownfield determination, you can still earn the credit.”
A Phase I Environmental Site Assessment is a very broad analysis that collects historical data of the site and surrounding areas and inspects only the surface of the subject site and any structures, if present. There could be many reasons the site is listed on the state DEQ register that are not readily apparent, or could be overlooked by the Phase I. First, I’d recommend contacting the state DEQ to see if they can shed any light as to why this site was tagged. Was it, in fact, contaminated? Or was there a possibility it could be contaminated under the surface, or by contaminated neighbors? The Phase I ESA should have uncovered either reason. Otherwise, to ensure the site is not contaminated, I’d take the path of Option 1 and have a Phase II ESA done. The Phase II ESA will conduct a more complete analysis, including the collection of soil and groundwater samples. The Phase II ESA would also afford you some protection from any potential legal action if the property were sold and it was discovered you ignored the state DEQ brownfield designation and developed property anyway.
Michele Otazua
CSHQAJanuary 26, 2015 - 4:00 pm
A Phase II on the particular site is unfeasible since the project building extends from property line to property line. Not sure our owners are willing to perform a Phase II in the adjacent ROW nor that the AHJ would allow it.