| Environmental
due diligence the process of saving time and money by anticipating legal
requirements imposed by environmental impacts can be overlooked during
site selection, and yet, place some of the highest time and cost demands
on the process.
A checklist of environmental considerations
that would indicate site suitability and can ultimately affect cost and
timing of development, function of the proposed facility and future expansion
capabilities includes:
Presence of pine or hardwood as an indicator
of prior site use; pines may indicate recent agricultural use and prior
site disturbance
Flora and fauna characteristics,
presence of rare, threatened and endangered species and natural forested
buffers
Natural drainage characteristics, locations
of streams and ponds, local policy and regional storm water retention opportunities
or constraints, i.e. a Best Management Practice (BMP) facility required
to reduce post-development runoff can occupy 10 to 12 percent of the site
area
Riparian buffers, floodplains and watershed
protection programs, such as the Chesapeake Bay areas in Virginia, Maryland
and Delaware
Wetlands, preliminarily identified from
the National Wetlands Inventory (NWI) maps, preliminary wetland investigations
and jurisdictional determination, field flagged and delineated, and confirmation
by regulatory agencies
Soils and geotechnical evaluation, suitability/limitations
on construction, erodability of soils
Slopes, magnitude of earthwork required
to develop as planned
Elevation and views, natural view shed
protection measures, visual buffer, and view shed requirements
Hazardous materials, underground storage
tanks (USTs) on site and in vicinity
Archaeology and historic sites, and
cultural resource protection requirements
Phase
I ESA
A Phase I Environmental Site Assessment
(ESA), which addresses in varying degrees many of the above environmental
elements, consists of four components of study: record review, site reconnaissance,
interviews and report. At a minimum, this level of study should be accomplished
prior to site selection.
A Phase I ESA will also include recommendations
for further study as necessary.
Environmental conditions identification
accomplished through an ESA Phase I process and the resultant permitting
requirements at a federal, state and local level can place unanticipated
constraints on a site selected for investigation of development potential.
Environmental regulations cannot be avoided, only minimized by careful,
complete, and early analysis of the factors affecting site development.
Environmental permitting can add anywhere
from three months to three years to a development process. Based on careful
review and analysis, innovative solutions may often be developed to address
environmental site findings, shortening the time and cost involved in addressing
environmental impacts.
Local watershed management guidelines
can often be interpreted in a proactive manner that allows placement of
storm water and water quality detention facilities in a natural setting
utilizing a buffer or unused area of the site.
Historic and cultural resource issues
can be studied and cataloged prior to development, making available valuable
acreage for future development.
With creative layout, wetland impacts
can be avoided and minimized to a level that will allow regulatory approval.
Wetland impacts often require mitigation
of the impacts in a 2:1 or 3:1 replacement ratio. These mitigated impacts
can often be settled with creative solutions such as purchase of credits
in a federally-approved mitigation bank.
This purchase of credits relieves the
future liability of the client for impacts at time of purchase.
Storm water can often be dealt with by
obtaining rights or credits in a regional facility within the same watershed
developed for private use.
Forest buffers can often be reduced with
purchase of forest rights from preapproved forest banks as an acceptable
replacement for loss of forested areas.
The
bottom line
Environmental due diligence is an important
part of any site selection, and long-term management of environmental issues
will allow future development to be more cost effective.
|