Matthew Rodriquez Secretary for Environmental Protection Department of Toxic Substances Control Deborah O. Raphael, Director 8800 Cal Center Drive Sacramento, California 95826-3200 Edmund G. Brown Jr. Governor Via E-Mail Only Scott Johnson, SRJohnson@cityofsacramento.org COMMENTS ON SACRAMENTO ENTERTAINMENT AND SPORTS CENTER AND RELATED DEVELOPMENT, DRAFT ENVIRONMENTAL IMPACT REPORT Dear Mr. Johnson: Department of Toxic Substances Control (DTSC) has received the December 16, 2013 Notice of Availability and reviewed the Sacramento Entertainment and Sports Center & Related Development, Draft Environmental Impact Report (ESC DEIR), dated December 2013, State Clearinghouse Number (SCH#) 2013042031. DTSC appreciates the opportunity to review and comment on the DEIR and is eager to participate and provide information to facilitate the implementation of the California Environmental Quality Act process at the site. DTSC previously provided comments dated May 13, 2013 on the April 12, 2013 Notice of Preparation (NOP). As stated in the NOP comments, DTSC is providing lead regulatory oversight for the cleanup of contaminated soil and groundwater at the Railyards. In review of the DEIR, the entire ESC and a portion of Public Use Development (PUD) area are located above contaminated groundwater, and one of the proposed billboard sites is located on property with a land use covenant requiring proper soil management. Activities in areas of contamination would require prior approval from DTSC, development of a soil and/or groundwater management plan, and implementation of mitigation measures. Downtown Project Site Background The Downtown Project Site consists of the ESC and PUD area. The entire ESC and a portion of the PUD are located above contaminated groundwater in an area bounded by 5th, 7th, J and L Streets. The contaminated groundwater is called the South Plume Groundwater Study Area (South Plume) which originates from the Railyard. The South Printed on Recycled Paper
Page 2 Plume is bounded by 5th, 10th to 11th, and Q Streets and is contaminated with metals, solvents, and petroleum based compounds at depths greater than approximately 40 feet below ground surface (beneath the upper sand zone which is not impacted). Cleanup in in the South Plume has not been completed; however a Remedial Action Plan was approved on July 3, 2013 which lists institutional controls that are part of the remedy. Comments 1. The following institutional controls should be included as mitigation measures: No remediation system, monitoring well network, extraction wells, associated conveyance piping, or treatment systems shall be altered, disturbed, or destroyed without prior approval by DTSC. All drilling for any water, oil, or gas shall be prohibited without prior approval by DTSC. Extraction or use of groundwater shall be prohibited without prior approval by DTSC. 2. Dewatering activities shall not adversely affect remediation of the South Plume, or exacerbate it such that contamination expands or enters the upper sand zone. DTSC concurs with Section 2.0 of the DEIR which states, Analysis of the ground water, both for contaminates and quantity would be performed in advance of installation of the construction dewatering system. Monitor wells will be used to gain historical data both prior to and during the construction dewatering period. 3. Should construction have the potential to encounter contaminated soil, soil gas, and/or contaminated groundwater, applicable mitigation measures from Railyards Specific Plan, Final Environmental Impact Report, SCH 2006032058, dated November 2007, should be included as mitigation measures for the Downtown Project Site. The following are examples: Mitigation Measure 6.5-2: In areas where the groundwater contamination has the potential to reach water, sewer or storm drainage pipelines due to fluctuations in the elevation of the groundwater table, or where volatile contaminants in soil vapor could enter porous utility lines, measures such as concrete trenches, membrane barriers and venting will be used to prevent infiltration in accordance with DTSC requirements. Routine monitoring shall be performed by the landowners, reported to DTSC and [Central Valley Regional Water Quality Control Board], and corrective actions implemented if the results indicate adverse changes in water quality.
Page 3 Mitigation Measure 6.5-3(e): Compliance with building design requirements, to be included in the building code ordinance, for preventing the intrusion of subsurface vapors into buildings and enclosed spaces and the buildup of soil vapors in enclosed spaces where applicable, shall be required if determined by DTSC to be necessary. Mitigation Measure 6.5-3(f): Prior to approval of any grading permit, developers shall demonstrate access to a nearby secure holding area for interim storage of contaminated soil that could be uncovered during construction, and provide a plan for transport of soil to the holding area. Mitigation Measure 6.5-3(g): Developers shall be required to employ construction dewatering techniques, should they become necessary, that minimize the potential for pulling groundwater contaminants to the surface. Contingency plans for pretreatment of contaminated groundwater, if necessary, shall be in place prior to the start of construction in the event that extracted water cannot be sent to the regional wastewater treatment plant. 4. DTSC guidance on vapor intrusion should be considered during construction. The most recent guidance is the Final Guidance for the Evaluation and Mitigation of Subsurface Vapor Intrusion to Indoor Air (Vapor Intrusion Guidance), dated October 2011, and Advisory Active Soil Gas Investigation, dated April 2012. Digital Billboard Site 10 Background DTSC notes that the concept of offsite digital billboards was not mentioned in the NOP but is in the DEIR. The proposed Site 10 is located at Interstate 5 and the Railyards Sacramento Station Study Area (Sac Station). Cleanup in Sac Station has been completed for commercial use with land use restrictions and soil management requirements.
Page 4 Comments 1. Under I-5 at Sacramento Railyards on pages 4.6-9 and 4.6-10, the DEIR misidentifies Site 10 as being adjacent to the Central Corridor when it is adjacent to Central Shops. Furthermore, while Site 10 is adjacent to Central Shops, it is located on Sac Station. 2. Should Site 10 be selected, coordination with the property owner would be needed for access. 3. Should Site 10 be selected, Section 3.01.C of the May 19, 1994 covenant for Sac Station should be included as a mitigation measure. The restriction states: No excavation at and/or removal of any soil from the Property shall be allowed, except as allowed pursuant to section 3.01.E [of this Covenant], without the prior written approval of the Department. Excavated soil must be tested for those compounds noted in the preamble of this Covenant and properly used, treated, and/or disposed of as required by law and the Department. 4 Should Site 10 be selected and construction has the potential to encounter contaminated soil, soil gas, and/or contaminated groundwater, applicable mitigation measures from Railyards Specific Plan, Final Environmental Impact Report, SCH 2006032058, dated November 2007, should be included as mitigation measures. See Comment 3 for the Downtown Project Site. General Comments 1. Throughout the DEIR, there are references to using a Registered Environmental Assessor (REA) during site preparation and construction to identify hazards and hazardous materials; however, the signed 2012/2013 California budget removed the REA Program from statute, effective July 1, 2012. Instead, an Environmental Professional, as defined in Section 312.10 of Title 40 Code of Federal Regulations, should be used in place of an REA.
Page 5 If you have any questions regarding site investigation and remediation, please contact me at (916) 255-3601 or Ruth.Cayabyab@dtsc.ca.gov. Sincerely, Ruth Cayabyab Project Manager Brownfields and Environmental Restoration Program
Scott Johnson, SRJohnson@cityofsacramento.org Page 6 Attached Figure: Sacramento Railyards Study Areas (Soil)
Page 7 Attached Figure: Sacramento Railyards Study Areas (Groundwater)