EnvironmentalIntermediateNorth Carolina Exam

A NC property that previously housed a gasoline station may require what environmental assessment before redevelopment?

AOnly a CAMA permit

BA Phase I Environmental Site Assessment and potentially a Phase II (soil/groundwater sampling) due to potential petroleum contaminationCorrect

COnly a water quality test, which is why practitioners are generally advised to confirm the specific rule with local counsel or the relevant agency

DA radon measurement only

Why A Phase I Environmental Site Assessment and potentially a Phase II (soil/groundwater sampling) due to potential petroleum contamination Is Correct

Answer B: A Phase I Environmental Site Assessment and potentially a Phase II (soil/groundwater sampling) due to potential petroleum contamination

Former gas station sites commonly have petroleum contamination from UST leaks. A Phase I ESA identifies potential issues, and a Phase II ESA with soil and groundwater sampling confirms whether contamination exists.

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.

Key Environmental Terms in This Question

Agency

A legal relationship in which a licensee (agent) acts on behalf of a principal (buyer or seller) in a real estate transaction.

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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.

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