Post on 11-Jul-2020
TENNESSEE BROWNFIELDS
REDEVELOPMENT:
PROGRAMS & RESOURCES
ANDY SHIVASTENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION
Outline
Resources in Tennessee
ARC Grants
ARC Workshops
Application Support for Grant Applicants
Technical Support for Grantees
Targeted Brownfields Assessments
Online Brownfields Redevelopment Toolbox
Tax Incentives
Brownfields Project Voluntary Cleanup Program
Case Studies
EPA Brownfields 104(k) ARC Grants
Assessment, Revolving Loan Fund and Cleanup grants
Several types of grants that can characterize and cleanup
properties
Offered and funded by EPA to eligible entities:
Cities
Counties
States
Tribes
Quasi-governmental agencies
Non-profits (cleanup grants only)
EPA Brownfields 104(k) ARC Grants
Grant program funding is for:
Conducting Phase I and Phase II environmental property assessments,
(can be community wide or site specific)
Conducting cleanups at sites where completed assessments indicate it is
needed and
Establishing Revolving Loan Funds that provide loans or sub-grants to
private individuals to assess and cleanup Brownfields
Applications are accepted once a year in a nationwide
competitive process (SOON).
Upcoming ARC Grant Workshops
Jackson, TN, October 21st
SW TN Development District
1-4 PM
Columbia, TN, October 22nd
City Hall
1-4 PM
Knoxville, TN, October 23rd
Chamber of Commerce
1-4 PM
ARC Grant Application Support
We provide a letter of acknowledgement, as
requested, for 104(k) ARC Grant applications.
We offer applicants the opportunity for feedback
on grant applications.
Technical Support for Grantees
For recipients of EPA 104(k) ARC grants in
Tennessee, TDEC provides technical support that
includes:
Reviewing Environmental Site Assessments
Reviewing Quality Assurance Project Plans
Petroleum Determination Letters
Availability for meetings, conference calls, etc.
Targeted Brownfields Assessments
EPA awards services (environmental site assessment) in lieu of funds
Very limited availability
Case Study: Nashville Cumberland Play Park
Nashville Riverfront Redevelopment
Nashville Bridge Company, was originally a bridge builder, founded in the 1890s. After converting to shipbuilding, it was said to be the world's largest builder of inland barges by the 1960’s.
Nashville Riverfront Redevelopment
Nashville Mayor Bill Purcell announced in 2005 that the Metro Parks
and Recreation Department and the U.S. Army Corps of Engineers will
work with the Nashville Civic Design Center to create a Nashville
Riverfront Redevelopment Master Plan.
Riverfront Study Area
• A total of about 6 miles—three each on the East and West banks
of the river.
• 5.3 miles of the riverbanks in the study area are candidates for
remediation (based on historic industrial uses).
• Provide physical and visual access to the Cumberland River from
Downtown and adjacent neighborhoods for a variety of uses and
accommodate both active and passive recreation.
• Ensure high environmental and design standards for all riverfront
redevelopment.
Nashville Riverfront Redevelopment
In 2009, the Nashville Metropolitan
Council adopted a new six-year
Capital Improvement Budget that
includes up to $54 million for riverfront
redevelopment.
$30 million to construct the first phase
of the redevelopment, funded east-
bank projects will include a
• 7.5-acre Adventure Play Park,
• renovation and adaptive reuse of
the historic Nashville Bridge
Company building,
• construction of a one-acre River
Lawn.
Nashville Riverfront Redevelopment
EPA Targeted Brownfields Assessment Program
used to characterize parcels slated for
redevelopment.
• Phase I and Phase II environmental
assessments conducted by the ACOE, with
assistance from TDEC.
• PAHs, lead and arsenic identified as
contaminants which will require
management.
• Metro Nashville and TDEC cooperatively
developed plans for safe reuse of the
property.
• Some excavation/disposal required based
on design needs of the project.
• Combination of engineering (caps) and
institutional controls used to manage
contaminated soils left on-site.
Cumberland Play Park
• Tools:
Targeted Brownfields
Assessment Assistance from
EPA
Remediation conducted in
conjunction with construction
Soil management plan
Notice of Land Use
Restriction
April, 2011
March, 2012
Brownfields Redevelopment Toolbox
Site identification and
project planning
How to determine if
there is contamination
Cleaning up a site
Redevelopment
http://www.tn.gov/environment/remediation_brownfields-toolbox.shtml
Tax Incentives
Effective June 30, 2010, a franchise and excise tax
credit equal to 50% or 75%, depending on the
amount of capital investment ($25 million or $200
million, respectively) of the purchase price of
Brownfield property purchased in Tennessee for the
purpose of a qualified development project. The
total value of credits authorized is capped at $10
million per year and allows the credit to be used for
development projects using non-prime agricultural
properties in any year in which credits remain
available.
“Brownfield property” is defined as real property
that is the subject of an investigation or remediation
as a Brownfield project under a voluntary
agreement or consent order pursuant to Tenn. Code
Ann. Section 68-212-224. [Tenn. Code Ann. Section
67-4-2009]
"Qualified development project" means a project
consisting of a capital investment of at least twenty-
five million dollars ($25,000,000), utilizing at least
five (5) acres of Brownfield property, or non-prime
agricultural property as provided in subdivision
(10)(G), and having a business plan approved by
the Commissioner of Revenue in accordance with the
applicable provisions of subdivision (10)(E) or
(10)(G).
Tax Credit Terms Defined
The Commissioner of Revenue and the Commissioner of
Economic and Community Development must determine, in their
sole discretion, that the credit is in the best interest of the state
i.e. that the project is a result of the credit
Tax Incentive Caveat
TDEC Brownfields Project Voluntary Cleanup
Program
Provides a mechanism for parties to proactively work with
TDEC to:
Address necessary issues to return a property to safe productive use
Receive a ‘No Further Action’ letter and release of liability under all
applicable TDEC Environmental statutes for all areas where investigation
and cleanup is conducted.
Program used by potential purchasers of a property.
Program entry sometimes required by lenders.
TDEC and voluntary party negotiate a Brownfields Agreement
(or Consent Order) that outlines the actions to be taken to
make the property safe for its next intended use
Requires certain public notification activities (30 days)
Certain fees are required for program involvement
Final product is a No Further Action letter that provides
purchaser(s), lenders , successors in title, etc. comfort that TDEC
approves of actions taken to address the property
TDEC Brownfields Project Voluntary Cleanup
Program
Brownfields Program Process
1. Perform Phase I and Phase II assessments.
2. Submit application to the Brownfields Project VCP program
staff.
3. In consultation with program staff, determine what areas of
contamination need to addressed at the site.
4. Negotiate and finalize the Voluntary Agreement.
5. Conduct required public notices.
6. Perform and complete agreed actions in the Voluntary
Agreement including filing land use restrictions
7. No Further Action Letter
Brownfields Strategies
Incorporate Cleanup into redevelopment plan
Develop Soil Management Plan for future
development
Limit future use of the property via Notice of Land
Use Restrictions
Use of pre-emptive mitigation especially when
dealing with volatile chemicals
Case Studies!
Cleanup of brownfields properties happen all the
time, with and without grants, through business deals
and redevelopment.
Two examples are:
Redevelopment of brownfields with private dollars
(The Gulch in Nashville)
Redevelopment of a brownfield with public dollars
(Citizens Gas & Light in Jackson)
The Gulch
Just south/southwest of
Downtown Nashville
Approximately 60 acres of land
Throughout the years, it’s history
has been varied – a rail yard,
roundhouse, a maintenance
facility, etc.
Examples focus on 2 phases of
the Gulch:
Former Roundhouse
Former Maintenance
Facility/Coal Yard
The Gulch with downtown
Nashville in the background
1914 Sanborn Map
The Gulch
Aerial View of Roundhouse
1996: CSX Railroad approached
TDEC to address contamination
at the former roundhouse
property in the Gulch, with the
intention to sell it to a developer
at some point in the future.
1997: CSX entered into a
Consent Order and Agreement
with TDEC to address the
property.
2000: Investigations were
conducted to characterize the
site.
The Gulch
2000: Developers approached
TDEC to address the Alley
Cassetty Coal Yard Site (which is
NOT located in the Gulch).
Details: This was part of a
property swap between South
Central Bell (SCB) and the
developers so that the
developers could obtain SCB’s
property in the Gulch. In return,
SCB acquired a new facility on
another brownfield site (outside
of the Gulch area).
Alley Cassetty Coal Yard Prior to
Construction and Remediation
1914 Sanborn Alley Cassetty Coal Yard
SCB Property Cleanup and
Construction
The Gulch
Trains in the Gulch
Given the nature of the
contaminants, it was determined
that the clean up could be
conducted as part of the
redevelopment process.
Mid-2000s: Property was
purchased by a developer to
construct a mixed-use
development.
2008: Brownfields Agreement
was reached with developer to
address the roundhouse property.
Clean up was funded by CSX
Railroad via escrow fund.
Roundhouse Property Prior to
Construction and Remediation
The Gulch
The Gulch
2001: Developer entered into
Brownfields Agreement with TDEC to
clean up coal yard. The cleanup was
incorporated into the construction
process for the new maintenance
facility.
2005: Letter of completion was
issued by TDEC to developer, which
led to a property swap.
Currently: Icon is constructed on old
South Central Bell property. South
Central Bell is operating on their
‘new’ site (the Alley Cassetty Coal
site, an old Brownfield) north of the
Gulch.
ICON under construction
The Gulch Construction/Remediation
The Gulch
Original
South
Central
Bell
Former
Alley
Cassety
South Central Bell
moves Former
Alley
Cassety
ICON
South
Central
Bell
The Gulch
Another portion of the
property was made shovel
ready and eventually
became a mixed use
development known as Pine
Street Flats.
Currently: Velocity occupies a
portion of the old Roundhouse
property
The Gulch Summary
Tools:
•Brownfield Agreements provided new owners and developers
liability protection
•NFA letters provided comfort to lenders
•Notice of Land Use Restrictions
•Initial Characterization and cleanup funded by responsible party
(Velocity)
•Creative acquisition of land by developers (Icon)
The Gulch Summary
MDHA worked with developers
and made infrastructure changes.
There were several Brownfields
agreements on several parcels,
making them suitable for their
end use.
The Gulch has a “LEED for
Neighborhood Development”
certification, is the first one in the
Southeast, and is the 13th
neighborhood internationally to
earn this designation.
The Gulch continues to expand as
Nashville’s most vibrant mixed
use community.
ICON completed in the Gulch
Citizens Gas & Light (CGL)
Site is located on the northern fringe
of downtown Jackson, between the
Farmers Market and a
disadvantaged neighborhood.
Was a manufactured gas plant that
operated from 1871-1931.
Gas was produced by heating coal,
then extracted, stored and
distributed from this site. Along with
the production of gas, several
residual constituents were produced.
Former Manufactured Gas Plant site
discovered by public complaint
about possible contamination during
a local festival.
Citizens Gas & Light BEFORE
Citizens Gas & Light (CGL)
View of gasometer (near)
and Tar well (far)
Initially, TDEC DOR performed
investigation to identify areas of
concern requiring remediation.
Areas of concern, requiring
remediation: former tar well and
gasometer.
Jackson Energy Authority and the
City of Jackson committed to
supporting the environmental
cleanup.
Citizens Gas & Light (CGL)
Concrete slabs were segregated to be
used later for select fill
Strategy needed to focus
remediation effort and bring
more funds to project.
TDEC staff encouraged the City
of Jackson to apply for an EPA
Brownfields Cleanup Grant.
Consultant retained to conduct a
Phase I Environmental Assessment.
Jackson Energy Authority and the
City of Jackson entered into a
Brownfields Agreement with
TDEC’S VOAP to address the
areas of concern.
Citizens Gas & Light (CGL)
Jackson applied for and
received a $200,000 EPA
Brownfields Cleanup grant to
remove source areas and put a
soil cover system in place.
Data gaps were found in the
assessments, so EPA Science and
Ecosystem Support Division did
some geo-probing to fill them
prior to start of remediation.
Cleanup work began on the site
by a remedial contractor hired
by the City of Jackson.
Representative sample of material
found in "tar pit" from pre-remedial
investigation
Citizens Gas & Light (CGL)
Over $250,000 in funds were
leveraged.
610 tons of coal-tar impacted
soils were removed and
disposed of off-site.
Land Use Restrictions are
currently in place.
End use is an urban pocket
park that complements the
vision of downtown Jackson
revitalization.
Back view of Citizen's Gas building
(currently houses Farmer's Market office)
Citizens Gas & Light (CGL)
Urban Pocket Park
Farmer’s Market Office
Contacts
For additional
information regarding
EPA Brownfields Grants,
contact:
Paula Larson
615-532-0926
Paula.Larson@tn.gov
For additional
information regarding
TDEC Brownfields
Program, contact:
Barry Brawley
615-532-0908
Barry.Brawley@tn.gov