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SWA P E Technical Consultation, Data Analysis and Litigation Support for the Environment 2656 291h Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949)887-9013 mhaeeman n (aswaoe.com May 11, 2020 Rebecca Davis Lozeau I Drury LLP 1939 Harrison Street, Suite 150 Oakland, CA 94618 Subject: Comments on the Final Impact Report for the Bowery Mixed Use Project Dear Ms. Davis: I have reviewed the May 2020 Final Impact Report for the Bowery Mixed Use Project ("Project') in Santa Ana, California for impacts related to Hazards and Hazardous Waste. Prior to Project approval, the applicant needs to engage California Department of Toxic Substances Control (DTSC) in a voluntary cleanup agreement to ensure adequate contaminated soil cleanup at the Project site. The Project site contains approximately 900 cubic yards of TPH contaminated soils above residential screening levels that will require excavation and disposal (FEIR, p. 2-7). Past land uses at the Project site, according a Phase I and two Phase II environmental site assessments, include Ricoh thermal paper processing and toner manufacturing operations. Mitigation Measure HAZ-1 requires a soil management plan to be used during construction to guide the removal and disposal of the areas of TPH-impacted soil. On its own, a soil management plan is insufficient. To ensure the adequacy and the health -protectiveness of the cleanup, engagement of the DTSC is necessary. DTSC engagement should be formalized through a voluntary cleanup agreement and the cleanup of the Project site should follow an assessment and cleanup program directed by DTSC. DTSC itself, in commenting on the Project DEIR, said: "Please note that all environmental investigations, sampling and/or remediation for the project Site should be conducted under a workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. Clarify in this section that a Removal Action Workplan (RAW) or a Remedial Action Plan (RAP) would be prepared and specify the oversight agency to review and approve the RAW or RAP" "Please note that a land use covenant may be required for the Project Site if both soil and groundwater cannot be remediated to meet cleanup goals for residential use." (Final EIR, p. 2- 3 ).