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The Bowery Mixed -Use Project <br />CEQA Comment <br />May 11, 2020 <br />Page 17 <br />or any other regulatory agency in assessing the need for clemmps or in planning for cleanups to <br />be health protective." S WAPE, p. 2. The soil management plan that would be required by <br />Mitigation Measure IIAZ- l would include: <br />• A certified hazardous waste hauler to romove all potentially hazardous soils <br />• Excavation mid mmoval of contaminated soils <br />• Sampling of soil during excavation to ensure that all contaminated soils are removed, and <br />that residential Environmental Screening Levels (ESLs) for residential uses are not <br />exceeded. <br />• Subsurface materials exposed during construction activities that appear suspect of <br />contamination, either from visual staining or suspect odors, shall require immediate <br />cessation of excavation activities and soils suspected of contamination shah be tested. <br />• If contamination is found to be present per the California Department. of Toxic <br />Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB) ESLs <br />for residential uses, it shall be transported and disposed of per California Hazardous <br />Waste Regulations <br />• Preparation of a Health and Safety Plan. <br />Contrary to the ERL's claims in response to comments from DTSC, the soil management <br />plan would in no way "meet the same intent and requirements as the Removal Action Workplan <br />or a Remedial Action Plan_" SWAPS, p. 2. For example, SWAPE notes that a removal action <br />work plan, as recommended by DTSC in its comments, shall: <br />• Identify the nature and the extent of contaminants <br />• Describe the health effects of the contaminants <br />• Perform a health risk evaluation <br />• Identify cleanup goals <br />• Perform an engineering evaluation and cost analysis <br />• Compare remodial alternatives <br />• Describe the selected rcirnedy <br />• Allow for public participation <br />• Provide dust control <br />• Conduct confirmatory sampling. <br />SWAPS, p. 2. <br />A Removal Workplar or a Remedial Action Plan is necessary for mitigation orthe <br />Project's significant impacts stemming from on -site contamination. <br />4. Mitigation Measure HAZ-1 constitutes deferred miliaation under CECA. <br />CEQA disallows deferring the formulation of mitigation measures to post -approval <br />16 <br />17 <br />75C-33 <br />