2 - EIR18-01; DA18-01; GPA18-06; AA18-10_2525 N MAIN STREET

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EXHIBIT A Resolution No. _____ Page 16 of 76 Certification of the Magnolia at the Park EIR vegetation on site, it would not result in either a new significant environmental impact or a substantial increase in the severity of a previously identified impact. (Final EIR, Clarifications to the Final EIR, Section 3.3.) 8.3 Hazards and Hazardous Materials 8.3.1 Accident Conditions Involving the Release of Hazardous Materials Threshold: Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous material into the environment? Finding: Less than significant impact with mitigation incorporated. (DEIR, pp. 4.6-7 through 4.6-8.) Facts in Support of Findings: Impacts related to hazards were evaluated in Section 4.6, Hazards and Hazardous Materials, of the DEIR. As described, due to the existence of hazardous materials within on- site soils, ground disturbing activity has the potential to result in the accidental release of hazardous materials into the environment. The contaminated soils would need to be excavated and removed as required by DTSC, California Integrated Waste Management Board, RWQCB, OCFA, and the Orange County Health Care Agency (OCHCA). As a result, Mitigation Measure HAZ-1 has been required to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. Due to the existence of hazardous materials within on-site soils, Mitigation Measure HAZ-1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to these hazardous materials. Mitigation Measure HAZ-1 requires that a qualified consultant prepare a Soil Management Plan (SMP) to be used by construction workers to remove and dispose of the areas of arsenic impacted soil. Mitigation Measure HAZ-1 requires excavation of contaminated soils be completed pursuant to existing DTSC and RWQCB requirements, soils sampling ensure all contaminated soils are removed, and that a certified hazardous waste hauler remove and transport all arsenic impacted soil and other potentially hazardous materials per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. Excavated soil containing hazardous substances would be classified as a hazardous waste if they exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity (CCR, Title 22, Division 4.5, Chapter 11, Article 3). The SMP would detail hazardous materials excavation and disposal methods and requirements pursuant to the regulation of Title 8 of the California Code of Regulations (CalOSHA) and Department of Toxic Substances Control (DTSC) that regulates the removal, transportation, and disposal of hazardous waste to protect human health and the environment. With implementation of Mitigation Measure Haz-1 impacts related to hazards of the onsite contaminated soils would be less than significant. Mitigation Measure HAZ-1: Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including: • A certified hazardous waste hauler shall remove all potentially hazardous soils. Excavation of contaminated soils shall be to the depth of approximately 0.5 feet below the existing ground surface in areas identified as having arsenic impacted soils. In addition, sampling of soil shall be conducted during excavation to ensure that all arsenic impacted soils are removed, and that residential 2-46