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Client: Preferred Developer for International Retailer

Type of Matter: Environmental/Land Use

Client's Challenge: International Retailer's due diligence on the property raised concerns about possible regulatory issues with historic operations that altered wetlands on the site and associated drainage/waterways.

The Goal: Eliminate regulatory uncertainties created by historic alteration and fill of one of the properties within the assemblage acquired for the project.

Our Strategy: Review, analyze and cure historic, unpermitted fill and other activities initially with the local conservation commission by obtaining an Order of Conditions and Certificate of Compliance to address local and state wetland requirements. Then obtain a letter of concurrence from the Massachusetts Department of Environmental Protection that no state enforcement action will ensue. Finally work with USE EPA and Army Corps to confirm no federal enforcement and to obtain 404 permit and 401 Water Quality Certificate for past and future work on the site.

Results: All regulatory issues resolved.