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<br />2656 29th Street, Suite 201 <br />Santa Monica, CA 90405 <br />Matt Hagemann, P.G, C.Hg. <br /> (949) 887-9013 <br /> mhagemann@swape.com <br />May 11, 2020 <br /> <br />Rebecca Davis <br />Lozeau | Drury LLP <br />1939 Harrison Street, Suite 150 <br />Oakland, CA 94618 <br /> <br />Subject: Comments on the Final Impact Report for the Bowery Mixed Use Project <br />Dear Ms. Davis: <br />I have reviewed the May 2020 Final Impact Report for the Bowery Mixed Use Project (“Project”) in Santa <br />Ana, California for impacts related to Hazards and Hazardous Waste. Prior to Project approval, the <br />applicant needs to engage California Department of Toxic Substances Control (DTSC) in a voluntary <br />cleanup agreement to ensure adequate contaminated soil cleanup at the Project site. The Project site <br />contains approximately 900 cubic yards of TPH contaminated soils above residential screening levels <br />that will require excavation and disposal (FEIR, p. 2-7). Past land uses at the Project site, according a <br />Phase I and two Phase II environmental site assessments, include Ricoh thermal paper processing and <br />toner manufacturing operations. <br />Mitigation Measure HAZ-1 requires a soil management plan to be used during construction to guide the <br />removal and disposal of the areas of TPH-impacted soil. On its own, a soil management plan is <br />insufficient. To ensure the adequacy and the health-protectiveness of the cleanup, engagement of the <br />DTSC is necessary. DTSC engagement should be formalized through a voluntary cleanup agreement and <br />the cleanup of the Project site should follow an assessment and cleanup program directed by DTSC. <br />DTSC itself, in commenting on the Project DEIR, said: <br />“Please note that all environmental investigations, sampling and/or remediation for the project <br />Site should be conducted under a workplan approved and overseen by a regulatory agency that <br />has jurisdiction to oversee hazardous substance cleanup. Clarify in this section that a Removal <br />Action Workplan (RAW) or a Remedial Action Plan (RAP) would be prepared and specify the <br />oversight agency to review and approve the RAW or RAP” <br />“Please note that a land use covenant may be required for the Project Site if both soil and <br />groundwater cannot be remediated to meet cleanup goals for residential use.” (Final EIR, p. 2- <br />3).