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3 <br /> <br />action workplan, to include a health risk assessment, a critical step for implementation of a remedy that <br />is protective of the health of future Project residents. <br />Regulatory review of the cleanup at the Project site is essentially required under the terms of the site <br />closure issued by the Santa Ana Regional Water Quality Control Board (SARWQCB) who, in their August <br />13, 2010 No Further Action Letter, stated: <br />“If land use changes at the site, a review of the corrective actions may be warranted if on site <br />excavation or construction expose contaminated soil or if changes in land use indicates that the <br />residual contamination at the site poses a risk to site occupants.”3 <br />The Project will change the land use from commercial/industrial to residential and the Project will <br />involve excavation of contaminated soils; therefore, according to the No Further Action Letter, the <br />SARWQCB may need to review the plan for removal of the 900 cubic yards of TPH-contaminated soil <br />outlined in the FEIR. No record of notification of the SARWQCB of the intent to clean up contaminated <br />soils for a change to residential land use was provided in the DEIR or the FEIR. <br />Engagement of DTSC, rather than the SARWQCB, is recommended to provide for proper oversight of a <br />health risk assessment. DTSC has professionals on staff capable of the review of human health risk <br />assessments. <br />Finally, the issue of encountering contaminated groundwater during Project excavation must be <br />considered. The FEIR states (p. 2-8): <br />“it is described on page 5.5-5 in Section 5.5, Geology and Soils, of the Draft EIR that based on <br />onsite borings the depth of groundwater is in the range of 24 to 33 feet below ground surface <br />(bgs). This depth of groundwater would not impact persons onsite during operation of the <br />proposed mixed-uses. Also, the Draft EIR page 3-19, Section 3.0, Project Description, describes <br />that excavation and grading during project construction would be a minimum of 5 feet below <br />the bottom of the building foundations. As the depth of groundwater currently ranges between <br />24 to 33 feet, project excavation of approximately 5 feet below building foundations would not <br />result in encountering groundwater. Thus, construction workers would also not be in contact <br />with, and therefore impacted by, contaminated groundwater. Therefore, the potential risk to <br />future receptors associated with groundwater contamination would be less than significant.” <br />The assertion in the DEIR that groundwater is in the range of 24 to 33 feet deep contradicts with the <br />case closure summary attached to the SARWQCB No Further Action letter for the Project site which <br />states groundwater is 5.67 to 13 feet deep:4 <br /> <br />3https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/2435468375/NFA_RicohEl <br />ec_MedranoPedro.pdf, p. 4 <br />4https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/2435468375/NFA_RicohEl <br />ec_MedranoPedro.pdf, p. 2