EnvironmentalIntermediateColorado Exam

In Colorado, a 'phase II environmental site assessment' is performed when:

AA. Phase I shows no recognized environmental conditions

BB. The Phase I ESA identifies recognized environmental conditions (RECs) that warrant soil and groundwater sampling and laboratory analysisCorrect

CC. All commercial property purchases require it automatically, though the precise application can differ somewhat from one county to the next

DD. A building permit is requested

Why B. The Phase I ESA identifies recognized environmental conditions (RECs) that warrant soil and groundwater sampling and laboratory analysis Is Correct

Answer B: B. The Phase I ESA identifies recognized environmental conditions (RECs) that warrant soil and groundwater sampling and laboratory analysis

A Phase II ESA involves actual soil, groundwater, or building material sampling to confirm or rule out contamination identified as a Recognized Environmental Condition (REC) in the Phase I report. Phase II is not performed on every property — only when Phase I identifies potential concerns.

Exam Tip: Environmental

Environmental questions test knowledge of hazards like asbestos, lead-based paint, radon, and mold. Know the disclosure requirements and when a professional inspection is required. CERCLA liability is strict, joint, and several.

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Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.