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Environmental Compliance: Phase 1 Environmental Site Assessment

By: Jorge Vizcaino
Tel: 831-394-1199
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On June 12th, 2014 Aero-Environmental Consulting, Inc. and Mr. Jorge Vizcaino, Certified Industrial Hygienist, performed a Phase I Environmental Site Assessment of the restaurant Wills Fargo located at 16 West Carmel Valley Road in Carmel Valley, California, referred to as the "site." The study was performed for Holman Ranch to assess the site and surrounding properties for areas of potential environmental risk and liability, which may have a negative impact on the site. The Findings, Opinions, and Conclusions sections of this Phase I ESA are based on ASTM1527-13, Sections 12.5, 12.6, and 12.8, respectively. This Phase I report and investigation did not reveal any recognized environmental conditions (REC), suspect RECs, historical RECs and/ or de minimis conditions (with all such terms as described in ASTM E 1527-05), as well as any vapor encroachment conditions (VEC), suspected VECS, or instances where VECs cannot be ruled out (pursuant to ASTM E 2600-10).

In the professional opinion of Aero-Environmental, all appropriate inquiry has been made into the previous ownership and uses of the site and adjacent properties. Historical information (including aerial photographs) was available from 1913 to 2013 with minimal data gaps. Aero-Environmental, therefore, considers the inquiry to be consistent with good commercial and customary practice in an effort to minimize liability. Recognized Environmental Conditions (RECs) have not been revealed during this investigation. Aero-Environmental findings are summarized below:

  • The site is bordered by Carmel Valley Garage and Murphy's Lumber to the east, a retail shopping center to the south, Carmel Valley Road and Regency Construction to the north, and residential and commercial properties to the west.
  • The subject site was listed as Carmel Valley Realty Company in the 2003, 1999, and 1995 EDR City Directories. The property at 14 W. Carmel Valley Rd (Carmel Valley Garage). was listed as Texaco in the 1975, 1985, and 1990 directories followed by Beacon Gas Station in 1995 and 1999. All other properties were listed as commercial or small businesses. According to Elizabeth Kerr-CFO with Bernardus Winery and Wills Fargo restaurant, the current owner of the property is Bay Laurel Corporation (since January, 2003 according to the Monterey County Assessor's Office) and it has been Wills Fargo Restaurant since 1959. Prior to this time the property was operated as a Tea Room and Dining room since the 1920's. Elizabeth Kerr indicated that this property has never had any history of any chemical releases or violations, and that it based on our records search, it appears the site was vacant land prior to the construction of the Tea Room and restaurant. According to Elizabeth Kerr this property has been Wills Fargo restaurant since the early 1950's. The assessor parcel number for this site is: 189-221-004-000. According to records reviewed through the Monterey County Assessor's Office, the original building was built in 1928.
  • The general field observations for the subject property are the following. The site consists of a rectangular parcel of land of approximately 5,000 square feet of land, with a 4,266 square foot building. This information was obtained through the Monterey County Assessor's Office. General field observations at the property were the following. There were no physical signs of underground storage tanks (USTs), above ground storage tanks (ASTs), discarded batteries, vegetation damage, or oil/gas drums. Based on the age of the building there are suspect asbestos and lead materials but all construction materials in this building appeared to be in good condition and no friable asbestos materials were observed. There were no monitoring wells observed on-site or large quantities of waste. Suspect asbestos materials observed in good condition were wallboard materials and resilient flooring. Our site inspection indicated that the stormwater drains are located along Carmel Valley Road. No oily substances were detected or observed in these stormwater drains or any of the vegetation/concrete areas.
  • The subject site is located at 16 W. Carmel Valley Road and it is approximately 400 feet above sea level. The subject site was not listed in any of the environmental databases searched by Environmental Data Resources (EDR). No records of violations for the current property were recorded at the Monterey County Department of Environmental Health (MCDEH). Records were reviewed at the MCDEH for the subject site and several properties located within 1/8 of a mile from the subject site. The properties listed as Pacific Bell (6 W. Carmel Valley Rd), Carmel Valley Texaco (14 W. Carmel Valley Rd.), Kasey's (Del Fino Place and Carmel), Murphy's Inc (10 W. Carmel Valley Rd.), and Carmel Valley Garage (14 W. Carmel Valley Rd) were listed in several of the Environmental Data Resources Radius Map (June 6th, 2014) as RCRA Generator (transport, treat, store hazardous waste), Historical UST sites (Carmel Valley Texaco/Garage, Kasey's), SWEEPS UST (Carmel Valley Texaco, Murphy's Inc), and CUPA (Certified Unified Program Agency-CUPA). All of these properties were located within 1/8 of a mile of the subject site but no violations were reported for any of these adjacent sites in the file review conducted. The adjacent site, Carmel Valley Garage (formerly Carmel Valley Texaco) was listed as a Historical UST site due to the presence of 5 underground storage tanks used for gasoline and waste oil. All of these USTs were removed in early 1999 and a "closure letter" dated May 24, 1999 was issued in which the MCDEH confirmed the completion of a site investigation for the underground storage tanks removed and also indicating that no further action was recommended based on the analytical results of the soil sampling. In addition, the site listed as Carmel Marina Corporation at 9 Pilot Road was listed as a "closed-no further remediation" site on the EDR report as well as the California Water Resources Board-GeoTracker website. This site is over 1,000 feet from our subject site. Based on the regulatory status of the above sites, the file review for the above sites, and direction of groundwater flow it does not appear that any of these sites constitute an environmental concern to the subject site at the present time (see Appendix G).
  • Evidence of potential polychlorinated biphenyl (PCB) containing equipment was not identified onsite. No electrical transformers were observed on-site.
  • Evidence of chemical storage was not identified onsite during the site visit.
  • Based on a preliminary visual reconnaissance and the EDR site overview map there is one wetland areas in close proximity (less than 1/4 mile) to the subject site. Therefore, at this time, regulations pertaining to ocean dumping, wetlands, or releases do impact the subject site.
  • E2600-10 Tier 1-First Tier Data Screen to Identify a Vapor Encroachment Condition-This Screen was conducted to identify known or suspect potentially contaminated property sources with Chemicals of Concern (COC) within the Area of Concern (AOC). This is conducted by looking at the following factors:
  • Federal, state, local, and tribal government records
  • Historical Records
  • Soil characteristics
  • Groundwater flow depth and direction
  • Preferential Pathways for vapor migration
  • The Area of Concern is 1/3 mile for Chemical of Concern and 1/10 mile for Petroleum Chemicals of Concern
  • The EDR Vapor Encroachment Screen Report dated June 16th, 2014 indicated that the subject site located at 16 W. Carmel Valley Rd, and all other sites located <1/10 of a mile east from the subject site, could be "ruled out as a VECs based on their location downgradient from the site and regulatory status.
  • The mere presence of underground storage tanks is not a REC. There is no Recognized Environmental Condition (REC) if there is NO RELEASE. This is based on the ASTM 1527 standard and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) definitions. Therefore this assessment qualifies for CERCLA release of liability.
  • Based on the findings and information collected for this site and adjacent properties by Aero-Environmental Consulting, further investigation is NOT recommended for this property at this time and NO Recognized Environmental Conditions have been found.

NON-SCOPE CONSIDERATIONS -BUSINESS ENVIRONMENTAL RISKS

  • ASTM 3.2.11-Definition "A risk which can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of a parcel of commercial real estate, not necessarily limited to those environmental issues required to be investigated in this practice. Consideration of business environmental risk issues may involve addressing one or more non-scope considerations..."
  • Gas stations and auto repair facilities carry an inherent Environmental Risk due to the nature of the type and quantities of hazardous materials stored on-site, as well as the possibility of leakage from the USTs, oil drums, and waste containers in the future.
  • Evidence of suspect asbestos-containing materials (ACMs) was identified onsite. The only suspect construction materials identified during the walk-through inspection were resilient flooring materials and drywall/joint compound materials observed inside the restaurant. If any renovation of this building is to be conducted these materials should be tested for the presence or absence of asbestos.

Lead-Based Paint samples and analysis were not collected as part of the scope of work for this project. All interior and exterior paint observed was in good condition.


Jorge Vizcaino, MA, CIH, REA, CMC, CAC, CDPH, is a Certified Asbestos Consultant (CAC) and Certified Industrial Hygienist (CIH). He has over 15 years of experience in Industrial Hygiene Safety, Hazardous Material Assessments, Indoor Air Quality. He is an active member of the American Industrial Hygiene Association.

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