Phase I Environmental Site Assessments
Tenen has completed numerous Phase I Environmental Site Assessments for law firms, developers and not-for-profit organizations to facilitate property transactions and prepare City Environmental Quality Review (CEQR) hazardous material analyses. Some recent Phase I ESAs include:
- Two Brooklyn portfolios, totaling 46 properties, completed within an expedited time frame
- A Brooklyn property bordered by New York City Transit Authority (NYCTA) railroad tracks and planned for residential development; work included a Phase I ESA and preparation of NYCTA submittals for soil boring installation
- Several lots in downtown Brooklyn, slated for a cultural center expansion
- Two large parcels planned for construction of a mixed-use, market-rate and affordable housing development in the South Bronx
- Two properties in downtown Brooklyn for a non-profit organization in search of a new headquarters location
- Two large Brooklyn sites formerly occupied by a major pharmaceutical company
- A five-lot site on the far west side of Manhattan planned for development as a hotel
- A landmarked church complex in Brooklyn Heights as part of an overall physical assessment of the property
- A former industrial site in Long Island City renovated for use as a daycare center
Phase II Environmental Site Assessments/Preliminary Remedial Cost Estimates
For many projects, pre-acquisition due diligence extends to site investigation and development of remedial scenarios and cost estimates. Several of these efforts are described below.
- Former Plastics Manufacturer, Greenpoint, Brooklyn. Tenen provided a technical assessment of the proposed remedy and associated costs for this former industrial facility. Issues of concern included on- and off-site petroleum and chlorinated solvent impacts to soil and groundwater. Tenen prepared a memorandum summarizing the key environmental site conditions, identifying areas where additional remedial costs might be incurred and estimating potential additional expenditures.
- Former Pharmaceutical Company, South Williamsburg, Brooklyn. Tenen reviewed environmental documentation for a 4.5-acre former pharmaceutical facility in Brooklyn and prepared a memorandum that described areas of potential concern, identified data gaps and provided preliminary remedial cost estimates. Tenen supported the client and client attorney in seller negotiations and purchase of the required environmental insurance policy.
- Affordable Housing Development, Westchester County, New York. Tenen provided consulting support to a Westchester municipality regarding a county-owned site slated for development as affordable senior housing and potentially impacted by petroleum from adjoining properties. Tenen prepared a memorandum to the City Council summarizing subsurface conditions on the property and recommending engineering controls to address potential exposure of future occupants.
- Former Garage/Filling Station, North Manhattan. Tenen performed a Phase I and Phase II investigation to identify impacts associated with the property’s former use as a garage/filling station with underground gasoline storage. The field effort included a geophysical investigation and soil and soil vapor sampling and identified gasoline-related compounds in soil and soil vapor at concentrations above regulatory levels and elevated fill-related metals, semi-volatile organic compounds, and pesticides in soil.
Environmental Investigation/Regulatory Compliance
Tenen has performed numerous projects under the New York State Brownfield Cleanup and Spills programs and the New York City E-designation, Voluntary Cleanup and Restrictive Declaration programs.
- Williamsburg, Brooklyn (NYS Brownfield Cleanup Program). Tenen identified the chlorinated VOC source on this historical industrial property using a membrane interface probe (MIP) to delineate and pinpoint areas for additional sampling and prepared all submittals, from the BCP application through the Final Engineering Report. Tenen also provided remedial oversight during foundation excavation. A Certificate of Closure is anticipated in 2017
- Mott Haven, Bronx (NYS Brownfield Cleanup and NYC E-Designation). Tenen’s initial investigation at this former lumberyard and auto repair shop identified elevated levels of metals, pesticides and PCBs. Expedited site remediation will be implemented through an Interim Remedial Measures (IRM) Work Plan and the property developed for mixed commercial and residential use.
- Hotel Site, East Elmhurst, Queens (NYS Spills and Brownfield Cleanup Programs). Tenen prepared a contaminant distribution overview, preliminary remedial plan, and remedial cost estimate and BCP application for this former gasoline fueling station. The remedial investigation has been completed, and the Tenen is currently providing oversight of the RAWP implementation, which includes soil excavation to 40 feet below grade and design/installation of a waterproofed slab within the groundwater interval. The property will be developed with a 126-room hotel with two subsurface parking levels.
- Mixed-use Development, Astoria, Queens (NYS Spills and Brownfield Cleanup Programs). Tenen performed a Phase I ESA and Phase II investigation for this former dry cleaner, located adjacent to an auto repair shop, and conducted additional sampling to identify dry cleaner impacts and prepare a remedial cost estimate for the site. This property was accepted into the BCP and additional investigation, including video scoping of sewer lines as potential migration pathways, was subsequently completed. A Remedial Action Work Plan was submitted to NYSDEC in June 2017.
- Rockland County, New York. Tenen was retained to assess compliance with the Site Management Plan (SMP) submitted with the Final Engineering Report (FER) and to implement the activities described in the SMP. Work conducted by Tenen has included quarterly groundwater sampling, soil vapor, indoor air and ambient air sampling, engineering inspections, and preparation of the Annual Environmental Compliance and Periodic Review Report (PRR) for the site.
- Redevelopment Site, Kensington, Brooklyn (NYS Spills and NYC E-Designation Programs). Tenen performed an environmental investigation at this historic metalworking and small arms manufacturing site. A petroleum release and chlorinated solvents in soil vapor and groundwater resulted in transfer of the site from OER to NYSDEC and further investigation of the property under an Administrative Consent Order (ACO). Tenen revised the conceptual site model, demonstrating that the elevated soil vapor concentrations were likely related to an offsite source, precluding listing of the Site on the NYS Registry of Inactive Hazardous Waste Disposal Sites. Remaining remedial activities were performed under the OER Restrictive Declaration and NYSDEC Spills Program requirements and included remedial oversight and submittal of a Remedial Closure Report.
- Proposed Parking Garage, Downtown Brooklyn (NYC Voluntary Cleanup Program). Subsequent to selection by the New York City Economic Development Corporation (NYCEDC) to construct a public park and four-level underground parking garage, the developer retained Tenen to implement the NYCDEP requirements for city-owned properties, including a remedial investigation and a remedial action work plan during the construction phase. Tenen developed a remedial work plan prior to conducting an investigation on the property and prepared an application and supporting drawings to obtain NYC Transit Authority approval for the boring locations. This project has been transitioned to the NYC OER Voluntary Cleanup Program (VCP) Additional elements of the proposed remedy include excavation of the entire site to a depth of 44 feet below grade.
- Phased Affordable Housing Development, Spring Creek, Brooklyn. (CEQR). These sites, in the Spring Creek section of Brooklyn, are being developed as two phases of a nine-building development of affordable residential apartments and ground floor retail space. For both projects, Tenen conducted soil characterization for disposal, prepared the Remedial Action Plans (including design of methane mitigation systems) and Remedial Closure Plans and provided remedial oversight and engineering inspections during construction.
- Development Site, Manhattan (NYS Spills and NYC E-Designation programs). Tenen reviewed the information regarding multiple open spills cases and worked with counsel to develop a regulatory strategy to address the NYSDEC Spills Program and the New York City E-designation requirements and prepared a remedial cost estimate to assist the client in negotiating a cost sharing agreement with a major oil company. Tenen subsequently performed the remedial oversight during the construction excavation phase of Site development.
- School Facility, Borough Park, Brooklyn (NYS E-Designation Program). For a previously constructed school addition, Tenen worked with the client to retroactively satisfy the property’s hazardous materials and air quality E-designations. Tenen developed the OER work plan, conducted a soil vapor, indoor air and ambient air investigation and prepared the RIR and Remedial Action Report (RAR). Since the HVAC system for the Site building uses electrical units, and no natural gas use is anticipated, Tenen prepared a letter and supporting documentation to justify the usage of the electrical units. For another addition to the school, Tenen characterized site soils for disposal and provided oversight during the remediation/construction phase.
Tenen’s pre-construction services include soil characterization for disposal; dewatering system design; plans for tank removal, soil management, and vapor monitoring; documentation for discharge to sewer applications; and stormwater pollution prevention plans.
- Spring Creek, Brooklyn. Tenen was retained to prepare a Stormwater Pollution Prevention Plan (SWPPP), including a Soil Erosion and Sediment Control Plan, and conducted the required compliance inspections and reporting for the second phase of a nine-building development on a former municipal landfill in East New York. A soil characterization plan was prepared and implemented to support the off-site disposal of material generated by the redevelopment.
- Williamsburg, Brooklyn. Pre-construction activities for this NYS Brownfield site included pre-design delineation of chlorinated solvent impacts; soil disposal characterization; collection of groundwater samples and a pump drawdown test to determine the aquifer response to dewatering; preparation of the DEP dewatering approval application and supporting documentation; and noise testing, analysis and attenuation calculations to facilitate window selection for the proposed redevelopment.
- NYSDOT Project Site, Kew Gardens, Queens. Tenen prepared several documents including a Dewatering Plan, UST Removal Plan and Field Organic Vapor Monitoring Plan. Tenen also prepared a NYCDEP sewer discharge approval application with accompanying drawings and documentation.
- Queens Plaza North, Queens. Tenen designed and implemented a sampling program to characterize site soils for disposal and provide information suitable for inclusion in contractor bid documents. Tenen prepared a sampling and analysis plan describing the proposed grid system, test pit locations, sampling methodology and analytical parameters. Implementation of the plan involved collection and analysis of discrete and composite samples based on typical disposal facility requirements.