3 - The Bowery_PUBLIC COMMENT (SAFER)

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