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The purpose of a preliminary assessment is to identify the presence of any potentially contaminated areas of concern, through a diligent inquiry into the current and historic use of the site. A diligent inquiry is defined in the Technical Requirements for Site Remediation, N.J.A.C.7:26E-1.8, as conducting a diligent search of all legally accessible documents which are reasonably likely to contain information related to a site, and making reasonable inquiries of persons who may have knowledge of, or documents relating to a site.
A preliminary assessment report presents a history of ownership and use of a property, from the time the site was naturally vegetated or utilized as farmland in accordance with N.J.A.C. 7:26E-3.1(c). Site history information can be obtained from records sources including, but not limited to the following: Sanborn Fire Insurance Maps; MacRae's Industrial Directory; Title and Deed; Site plans and as-built drawings; and federal, state, county and local government files. Information necessary to make informed conclusions as to the environmental conditions of a property can be gained by interviewing persons knowledgeable of the site, such as owners and/or occupants, and by performing a site inspection. A suggested interview/site inspection questionnaire is attached.
The Green Acres Program considers the protection of public health and the expenditure of public funds to be justification for requiring work to be performed beyond the minimum technical requirements (N.J.A.C. 7:26E-1.7), in that an interpretation of the aerial photographic history of a site must be performed, regardless of site size (N.J.A.C. 7:26E-3.1(c)1.vi.). This interpretation must utilize available current and historical color, black and white and infrared aerial photographs (scale 1:18,000 or less) of the site and surrounding area at a frequency that provides the evaluator with an historical perspective of site activities. The photographic history shall date back to 1932 or the earliest photograph available. Aerial photographs are available for review at the New Jersey Department of Environmental Protection, Tidelands Management Program, Aerial Photo Library, 9 Ewing Street, Trenton, New Jersey, (609) 633-7369. Note, the applicant is not required to provide the Department with copies of the aerial photographs reviewed; an interpretation of what was observed in each photograph which may represent an environmental concern should be included.
If the assessment identifies the historic or current agricultural use of a property, the assessment report must address the potential for residual pesticide contamination. This requirement is based upon the findings of the Historic Pesticide Contamination Task Force March 1999 Findings and Recommendations for the Remediation of Historic Pesticide Contamination.
The Task Force's primary concern with historic pesticide residues is the potential risk to human health posed by inadvertent, chronic ingestion of contaminated soil, particularly by children. Of the several recommendations made in the Task Force's report, two appear to relate directly to Green Acres:
- Soil sampling should be conducted when an agricultural property changes land use (i.e. farmland developed into a housing development or municipal park); and
- Soil sampling should be conducted in former agricultural areas intensively used by children (schools, daycare centers, and playgrounds).
Therefore, should the future use of the property include "development" as defined by the Task Force, and the assessment has identified the current or historic agricultural use of the property, the Preliminary Assessment Report shall , per N.J.A.C.7:26E-3.2(a)4, include a recommendation that either the area of concern is potentially contaminated, and thus additional investigation or remediation is required, or the area of concern is not believed to contain contaminants above the applicable remediation standard, in which case the preliminary assessment report shall include documentation for this belief.
Please note that the Department has identified numerous sites, particularly in Monmouth and Burlington Counties, on which elevated levels of arsenic and beryllium as well as several other presumably naturally occurring metals may be associated with glauconitic marl soil types. The Preliminary Assessment shall include a review of the appropriate Soil Survey for the property being evaluated, to determine whether soils may present a concern for elevated background contaminants.
For properties that are served by private potable wells, applicants should be aware of State requirements to test the drinking water before closing. The Private Well Testing Act, requiring that certain wells be tested as a condition of each contract for sale of real property, became effective September 14, 2002.
The preliminary assessment report shall include a site map detailing the subject lot and block, property, location of current and former buildings, fill areas, any areas of concern identified through diligent inquiry, a copy of the United States Geologic Survey (USGS) 7.5 minute topographical quadrangle that includes the site and an area of at least one mile radius around the site with the site location clearly noted. If a portion of the USGS quadrangle is used, the scale, north arrow, contour interval, longitude and latitude with the name and date of the USGS quadrangle must be noted on the map.
PRELIMINARY ASSESSMENT CHECKLIST
To ensure that your Preliminary Assessment and Preliminary Assessment Report meet the minimum requirements as defined in the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-3.1 through 3.2, and to avoid delays to your project that may result from submitting incomplete information, the following checklist is provided.
BEFORE SUBMITTING YOUR PRELIMINARY ASSESSMENT REPORT TO THE GREEN ACRES PROGRAM, HAVE YOU:
1. Performed a diligent inquiry?
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Please note: Diligent inquiry is defined in N.J.A.C.7:26E-1.8 as: Conducting a diligent search of all documents which are reasonably likely to contain information related to the object of the inquiry, which documents are in such person's possession, custody or control, or in the possession, custody or control of any other person from whom the person conducting the search has a legal right to obtain such documents; and
Making reasonable inquiries of current and former employees and agents whose duties include or included any responsibility for hazardous substances, hazardous wastes, hazardous constituents, or pollutants, and any other current and former employees or agents who may have knowledge or documents relevant to the inquiry.
2. Presented a history of ownership of the property, from the time the site was naturally vegetated or utilized as farmland in accordance with N.J.A.C. 7:26E-3.1(c).
Please note: N.J.A.C. 7:26E-3.1(c)1.i., states that site history information shall be obtained from sources including, but not limited to, the following:
(i.) Sanborn Fire Insurance Maps;
(ii.) MacRae's Industrial Directory;
(iii.) Title and Deed;
(iv.) Site plans and facility as-built drawings;
(v.) The Soil Survey for the County in which the property is situated; and
(vi.) federal, state, county and local government files.
3. Presented a brief description of any past industrial/commercial operations conducted on site by each owner and operator?
3a. Listed the hazardous substances, hazardous wastes, hazardous constituents and pollutants, that are or were historically present on the site?
3b. Identified the method of wastewater discharge (sanitary and/or industrial waste), and mapped any/ all discharge and disposal points on a scaled site map?
3c. Identified the source of potable and/or industrial process water?
4. Presented a description of aerial photographic interpretation for the period dating from 1932, or the earliest photograph available, to the present?
Please note: Although N.J.A.C. 7:26E-3.1(c)1.vi. requires an interpretation of historic aerial photography for sites 2 acres and larger, the Green Acres Program considers the protection of public health and the expenditure of public funds to be justification for requiring work to be performed beyond the minimum technical requirements (N.J.A.C. 7:26E-1.7). Therefore, interpretation of the aerial photographic history of the site must be performed, regardless of site size.
Note also, that N.J.A.C. 7:26E-3.1(c)1.vi, states, in part, that "The photographic history shall date back to 1932 or to the earliest photo available." This minimum requirement must not be interpreted to mean locally available. N.J.A.C. 7:26E 3.1(c)1.vi. advises of the availability of statewide aerial photographic coverage at the Department's Tidelands Management Program, Aerial Photo Library. Photographic coverage for most of the state is available to 1940.
5. Identified any current or prior remediation activities on the site, including the name of any government agency involved and case identification number?
6. Presented a list of any potential areas of concern, identified during the performance of the preliminary assessment?
Please note: N.J.A.C. 7:26E-1.8, defines areas of concern as areas in which pollutants, hazardous substances or wastes may have been discharged to the environment. See the Technical Requirements for Site Remediation for a complete listing of areas of concern.
6a. Presented a recommendation, per N.J.A.C.7:26E-3.2(a)4,for each area of concern identified at the site that either:
- the area is potentially contaminated and thus additional investigation or remediation is required; or
- the area of concern is not believed to contain contaminants above the applicable remediation standards, and provided documentation to support this belief?
7. Listed any current or prior Federal, state and local environmental permits?
8. Listed any administrative, civil, or criminal enforcement actions for alleged violations of environmental laws which may have resulted in an environmental impact on the site?
9. Conducted a site visit to confirm the findings of the review of historic information obtained through diligent inquiry?
10. Provided a copy of the United States Geologic Survey 7.5 minute topographic quadrangle, or a copy of a portion thereof, that includes the site?
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