2 site are the same, if not improved, since the public circulation and certification of the WOSP EIR.
2. Determine if the proposed project would result in any new or more severe impacts from what was identified in the WOSP EIR related to hazardous materials.
The WOSP EIR indicated that potential impacts from hazardous materials release sites would be mitigated to less-than-significant levels with compliance with local, state, and federal regulations for treatment, remediation, and/or disposal of contaminated soil and/or groundwater and the City Standard Conditions of Approval (SCAs) that were in effect at the time, which are functionally equivalent to the City’s current SCAs.
Based on review of past and present documentation, the project’s compliance with applicable regulations and SCA-HAZ-1: Hazardous Materials Related to Construction (#43) and SCA-HAZ- 2: Hazardous Building Materials and Site Contamination (#44) would still ensure that the site would be safe for residential development and its potential impact be reduced to a less-than- significant level, as was the case when the WOSP EIR was approved (SCA-HAZ-1 requires the project applicant to ensure that Best Management Practices [BMPs] are implemented by the contractor during construction to minimize potential negative effects on groundwater, soils, and human health and SCA-HAZ-2 includes measures such as compliance with all required treatment, remediation, and disposal requirements from applicable agencies; a Health and Safety Plan to ensure the protection of construction workers from hazardous materials releases; and implementation of construction BMPs). Permits for demolition, grading, and/or building permits cannot be issued until complete compliance with these SCAs, and therefore any remedial activities, is demonstrated. These findings demonstrate that the proposed project is consistent with the original findings of the WOSP EIR.
3. Determine if compliance with existing regulatory requirements and City of Oakland SCAs would adequately address any potential impacts related to hazardous materials.
As mentioned above, the project’s compliance with applicable regulations and SCA-HAZ-1:
Hazardous Materials Related to Construction (#43) and SCA-HAZ-2: Hazardous Building Materials and Site Contamination (#44) would still ensure that the site would be safe for residential development and its potential impact be reduced to a less-than-significant level.
While some investigation and remedial actions are ongoing, adherence to and demonstration of compliance with these SCAs would ensure that the project site would be adequate for residential development prior to demolition, grading, and/or building permit issuance.
4. Determine the appropriate level of CEQA documentation based on any new findings and analysis.
If it was determined that the conditions at the site had worsened since adoption of the WOSP EIR, additional analysis would be required to account for any unforeseen changes not considered in the WOSP EIR’s analysis.
Peterson Vollmann
June 21, 2022
3 Based on our findings, conditions at the project site remain similar (only improved) since the WOSP EIR was adopted. As such, it is our professional opinion that the project still meets the conditions for an Addendum to the WOSP EIR pursuant to CEQA Guidelines Section 15162, 15164, 15168, 15182, and 15183, and Infill Exemption pursuant to CEQA Guidelines Section 15183.3. No further CEQA documentation is required. As such, we’ve prepared an updated CEQA analysis which includes substantial modifications and additions to the Hazards and Hazardous Materials resource topic to address concerns #1-4 in extensive detail. Furthermore, we’ve also included a several new sources into the CEQA analysis citing the applicable hazardous materials reports, studies, and miscellaneous materials used to inform the additional analysis. These reports have been added to the administrative record.
5. Provide current status related to ACDEH process and ensure adequate public outreach will been undertaken related to hazardous materials.
In May 2021, the property owner submitted a service request application to ACDEH for preliminary site review. In July 2021, an Environmental Update Letter was prepared for the project site to describe potential environmental concerns that remained after previous investigations and removals; compare past investigation results with current screening levels; and describe the potential contaminant locations in relation to the proposed future development. The Environmental Update Letter indicated that the presence of some residual soil and groundwater contaminants would require health and safety measures in areas of ground disturbance, and recommended that a Soil Management Plan be developed in coordination with the ACDEH, and that a vapor barrier should be installed under the building slab to mitigate the potential for vapor intrusion. In August 2021, ACDEH Issued a Phase I/II Screening Determination which indicated that ACDEH had reviewed the July 2021 Environmental Update Letter and information available on GeoTracker for the project site, and that ACDEH had determined that further investigation of the environmental concerns at the project site was warranted.
In September 2021, ACDEH issued an Environmental Site Review for the project site indicating that any potential risk from subsurface contamination to construction workers, the adjacent community, and project site users could be mitigated during redevelopment activities and long- term use of the project site through risk reduction measures. Risk reduction measures could include implementation of appropriate soil and groundwater management practices, use of engineering controls such as vapor migration and mitigation systems, and/or capping of impacted soil beneath hardscape and foundations – all of which are not out of the ordinary and would be typical for a site such as this one. ACDEH also requested that the Applicant enter into a Voluntary Remedial Action Agreement (Voluntary Agreement) with ACDEH to provide oversight of additional investigation activities to fill remaining data gaps to characterize soil and soil vapor at the project site and development of soil and groundwater management plans and engineering control documents to be implemented during development if warranted based on the additional data collection.
Peterson Vollmann
June 21, 2022
4 In March 2022, a Phase II Subsurface Investigation Report (Phase II Report) was prepared to document investigation activities performed at the project site between November 2021 and February 2022. The investigation activities were performed in general accordance with a Phase II Subsurface Investigation Work Plan that was reviewed and approved by ACDEH. Based on findings of testing at the site, the Phase II Report recommended risk reduction measures including preparation and implementation of a Soil Management Plan and installation of a vapor barrier. The Phase II Report also requested closure for the project site to allow residential occupancy; however, closure of a site is typically only allowed by regulatory agencies after ensuring that all necessary actions to protect human health and the environment have been completed and documented. The Phase II Report has been submitted to ACDEH for review; however, as of writing this memo, ACDEH has not yet issued a response to the Phase II Report.
In June 2022, as requested by ACDEH, the Applicant entered into a Voluntary Agreement for the project site. The Voluntary Agreement requires that the Applicant perform all remedial actions and other activities requested by ACDEH and indicates that upon completion of site assessment and/or remedial action, ACDEH will provide a letter indicating that no further action is required (i.e., Closure Letter) for the project site. The ACDEH would issue a No Further Remedial Action Letter when these actions are completed and a Risk Management Plan is prepared by the project applicant and approved by ACDEH. The Risk Management Plan must include a maintenance/monitoring/reporting program to confirm ongoing performance of the engineering controls and risk management measures until such time that subsurface contamination no longer poses a risk to human health if the engineering controls were not in place. The Risk Management Plan must also include routine inspection and testing to confirm the engineering controls continue to be protective of human health and the environment. This would ensure that cleanup efforts completed prior to construction of the project remain successful over time. SCA-HAZ-2: Hazardous Building Materials and Site Contamination (#44), requires compliance with all required treatment, remediation, and disposal requirements from applicable agencies – risk reduction and cleanup measures required from the ACDEH Voluntary Agreement and development of a Risk Management Plan would be consistent with implementation of this SCA to ensure no significant impacts would occur.
Furthermore, the ACDEH oversight process for remedial actions includes a public participation process that includes sending a fact sheet to the nearby community and making plans for remedial actions available for a 30-day public review and comment period. This public participation process would ensure that any concerns from the public regarding proposed remedial actions would be considered and responded to prior to a final determination on the proposed remedial actions.
After having reviewed all available information, we have determined that the current level of CEQA review is appropriate and that no additional CEQA analysis and/or documentation is required. The evidence provided here supports that the existing CEQA document, with a supplemented hazards and hazardous materials evaluation, is sufficient for the purposes of CEQA compliance.
Exhibit C
July 5, 2022
Scott Cooper Hall (Sent via E-mail to: [email protected]) The Michaels Organization
1970 Broadway #300
Oakland, California, 94612
SUBJECT: Conditions of Clearance for Site Redevelopment Cleanup Program Site Case No. RO0003500 and GeoTracker Global ID T10000017096 The Michaels Organization Redevelopment
1396 5th Street, Oakland, CA 94607
Assessor’s Parcel Number: 4-69-4
Dear Mr. Cooper:
In May 2021, Alameda County Department of Environmental Health (ACDEH) received a Service Request Application for a Preliminary Site Review from Oakland Housing Investors L.P. for a proposed residential redevelopment project on the parcel located at 1396 5
th Street, in Oakland with Alameda County
Assessor’s Parcel No . 004 -0069-004 (the “Site”). On August 26, 2021, ACDEH issued a Phase I /II Screening Determination based on a finding that further investigation of environmental concerns at the Site was warranted to support the proposed redevelopment project. ACDEH’s determination was based on review of the document entitled Environmental Update Letter , dated July 2, 2021, prepared on your behalf by your environmental consultant Citadel EHS (“ Citadel”), and the case file for a closed environmental case associated with the property (Cleanup Program Site Case No. RO0002896 – Red Star Yeast/1396 Fifth Street LLC).
On September 14, 2021 , ACDEH opened a new environmental case ( Cleanup Program S ite Case No .
RO0003500 – The Michaels Organization Redevelopment) and issued a letter entitled Environmental Site Review with a summary of our findings and a request for Oakland Housing Investors LP (“OHI”) to enter into a n Voluntary Remedial Action Agreement (VRAA) with A CDEH to provide regulatory oversight of environmental site investigations and cleanup to facilitate redevelopment at the above referenced property, if warranted based on additional Site investigation results.
In October 20 21, ACDEH approved a work plan entitled Phase II Subsurface Investigation Work Plan, dated October 6, 20 21, prepared by Citadel with a scope of work to evaluate soil vapor across the Site and shallow soil along the west, south and east perimeter of the Site that had not been previously sampled. Based on ACDEH’s review of Phase II Subsurface Investigation Report, dated March 2, 2022 , prepared by Citadel, ACDEH determined that corrective actions would be required to be implemented during Site redevelopment activities to mitigate risk from residual subsurface contamination at the Site from historical land use at and in the vicinity of the Site. On June 9, 2022 , OHI executed a V RAA with ACDEH.
In Ju
ne 2022, ACDEH held multiple teleconference calls with you and Citadel to discuss development of a site conceptual model and potential corrective actions to address subsurface contamination in soil, groundwater, and soil vapor from historical land use at and in the vicinity of the Site to facilitate redevelopment with the proposed new residential facility. On June 29, 2022 ACDEH received the document entitled Draft Conceptual Site Model and Potential Corrective Action Plan (the “Draft CSM and
DEPARTMENT OF ENVIRONMENTAL HEALTH
LOCAL OVERSIGHT PROGRAM (LOP)
FOR HAZARDOUS MATERIALS RELEASES
1131 HARBOR BAY PARKWAY
ALAMEDA, CA 94502
(510) 567-6777
FAX (510) 337-9135
ALAMEDA COUNTY
DEPARTMENT OF
ENVIRONMENTAL
AGENCY
The Michaels Organization Redevelopment
RO0003500
July 5, 2022, Page 2
Potential CAP”), dated June 28, 2022, prepared by Citadel. The Draft CSM and Potential CAP includes a summary of historical land use at and in the vicinity of the Site, a description of the current land use and proposed Site redevelopment, identification of chemicals of poten tial concern (CPOCs) in subsurface media based on previous environmental investigations, a vapor intrusion conceptual site model prepared in accordance ACDEH’s Decision Matrix for Development of Vapor Intrusion Conceptual Site Model (the “VI CSM”) and Determination of Vapor Intrusion Risk Classification , and proposed corrective actions to be implemented during Site redevelopment.
I. SUMMARY OF FI NDINGS
Based on our review of the environmental case files for the Site, and the Draft CSM and Potential CAP , ACDEH is of the opinion that potential risk from subsurface co ntamination to construction workers, the adjacent community, and Site users can be mitigated during redevelopment activities and long-term use of the Site through implementation of: (1) corrective actions including soil and/or groundwater remediation and environmental engineering controls such as vapor intrusion migration and mitigation systems and/or capping of impacted soil beneath hardscape and foundations; and (2) institutional controls for long-term management of environmental engineering controls including recordation of a n Environmental Deed Restriction on the Property, a nd compliance with an Environmental Risk Management Plan and Long-Term Operations, Maintenance, Monitoring and Reporting Plans.
A summary of ACDEH’s findings is presented below:
• The approximately 38,000 square feet (0.88 acres) Site is located in West Oakland along the north side of Fifth Street and is bordered by the Bay Area Rapid Transit (BART) elevated tracks to the north, Mandela Parkway to the west, 5th Street to the south, and Kirkham Street to the east. The Site is currently a vacant undeveloped fenced lot and is proposed to be redeveloped with an 8- story residential facility.
• The currently proposed residential redevelopment p roject (PLN20-101) was unanimously approved by the City of Oakland Planning Commission on March 3, 2021. An appeal of the 1396 5th Street Project (PLN20-101-A01) has been filed challenging whether the Project complied with CEQA and is pending a final determination by the City of Oakland Planning Department.
• From approximately 1880 through 2003, historical land use at the S ite consisted of various food grade industries including yeast and vinegar production (Red Star Yeast Factory) and a brewery.
Primary demolition of the main manufacturing buildings and outer structures began in 2003 and continued through 2011 with supplemental removal of sewer connections and structural pilings.
• Between 2004 and 2011, e nvironmental investigations and remedial actions were conducted to support a previously approved senior residential facility at the Site ( the “Red Star Sen ior Apartments”) and included removal/closure in place of four underground storage tanks (USTs) discovered in the sidewalk along 5th Street and excavation/removal of petroleum impacted soil and groundwater from the UST pits in 2006 and 2011, and excavation of 3 to 7 feet of primarily lead impacted fill material across the Site and backfilling with imported fill.
• In 2012 an arson fire destroyed the new senior residential facility project during construction. The Site was subsequently graded following demolition of the damage d structures and left as a vacant undeveloped fenced lot.
The Michaels Organization Redevelopment
RO0003500
July 5, 2022, Page 3
• In 2016, additional environmental investigations were conducted under the oversight of ACDEH to evaluate post-fire conditions at the Site and fill material imported to the Site during 2012 redevelopment activities. Based on the investigation results ACDEH closed Cleanup Program Site Case No. RO0002896 in May 2017 based on evaluation of risk under the land use scenario as a vacant fenced lot at the time of case closure, and with the condition that a proposed change in land use be reviewed by ACDEH for re -evaluation of human health risk from subsurface contamination at and in the vicinity of the Site to construction workers and the community during redevelopment activities and the Site users once the redevelopment is complete.
• Results of investigations conducted from 2016 to 2021 indicate residual PCOCs remain in soil, soil vapor, and/or groundwater beneath the Site at concentrati ons exceeding the San Francisco Bay Regional Water Qu ality Control Board’s 2019 Environmental Screening L evels (ESLs) including volatile organic compounds (VOCs) in so il vapor and gro undwater, and poly cyclic aromatic hydrocarbons (PAHs) and polychlorinated biphenyls (PCBs) in shallow soil. Further sampling of soil vapor, soil and groundwater is warranted to evaluate the contribution of on - and off-Site sources of the VOCs, and inform the design of remedial actions (if on-Site sources are confirmed) and v apor intrusion mitigation and migration engineering controls (VIMMECs) for the new building.
II. ACDEH CONDITIONAL APPROVAL
With the provision that the information provid ed to th is agency is accurate and representati ve of currently known Site conditions, ACDEH concurs that implementation of VIMMECs presented in the Draft CSM and Potential C AP in conjunction with targeted excavation of shallow PCB impacted soil and/or capping beneath hardscape, and remediation of on-Site sources of VOC impacted groundwater and soil vapor (if identified) will minimize risk to on - and off-Site receptors from exp osure to residual subsurface contamination at the Site. Therefore, at this juncture conditionally approves of the proposed Site development project provided the conditionals of approval in this letter are met.
CONDITIONS OF APPROVAL
ACDEH’s conditions of approval are provided in Attachment 1 – List of Deliverables & Compliance Dates and Attachment 2 – Deliverable Requirements. The requisite deliverables must be:
(a) Submitted to AC DEH by the compli ance dates listed in Attachment 1 and approved by ACDEH prior to the st art of each o f the associated phases of corrective action implementation a nd Site redevelopment activities.
(b) Prepared in accordance with the requirements provided in Attachment 2
(c) Uploaded to the Case file on the State Water Resources Control Board’s GeoTracker database in accordance with requirements list ed in Responsible Part y(ies) Legal Requirement & Obligations Instructions included as Attachment 3.
CLOSING
Thank you for your co operation. ACDEH looks forward to work ing with OHI to implement corrective actions in conjunction with Site redevelopment activities. If you have any questions, please send me an email message at [email protected] or Drew York at [email protected] The Michaels Organization Redevelopment
RO0003500
July 5, 2022, Page 4
Sincerely,
Drew J. York Dilan Roe, PE, C73703
Senior Environmental Scientist Chief - Land Water Division
Encl.: Attachment 1 – List of Deliverables & Compliance Dates Attachment 2 – Deliverable Requirements
Attachment 3 – Responsible Party (ies) Legal Requirement/Obligations Instructions
cc: Mark Drollinger, C
itadel (Sent via E-mail to: [email protected]) Paresh Khatri, ACDEH (Sent via E-mail to: [email protected]) Drew York, ACDEH (Sent via E-mail to: [email protected]) Peterson Vollman, Planner, City of Oakland, (Sent via E-mail to: [email protected]) William Gilchrist, Director of Planning & Building, City of O akland (Sent via E -mail to :
[email protected])
Carroll Fife, Council Member, City of Oakland – District 3 ( Sent via E -mail to:
[email protected])
Tanya Love, Chief of Staff - Council Member Fife , City of Oakland (Sent via E -mail to:
[email protected])
Electronic File, GeoTracker
Alameda County Department of
Environmental Health Local
Oversight Program
Case No.: RO0003500
Global ID: T10000017096
Case Name: The Michaels Organization
Redevelopment
Case Address:
1396 5th Street, Oakland, CA
94607
Directive Letter
Issue Date:
July 5, 2022
Attachment 1 – List of Deliverables & Compliance Dates
PURPOSE
This document identifies deliverables requested by Alameda County Department of Environmental Health (ACDEH) for the above referenced Cleanup Site Program (CSP) case and provides compliance dates for submittal of these deliverables. These deliverables are being requested pursuant to ACDEH’s conditions of approval for the proposed residential redevelopment project at the subject property.
As required in ACDEH’s directive letter dated July 5, 2022, ACDEH requests that you prepare the following deliverables in accordance with the requirements provided in Attachment 2 – Deliverable Requirements and submit the deliverables to the State Water R esources Control Board’s GeoTracker website in compliance with the requirements identified in ACDEH’s Responsible Party(ies) Legal Requirement/Obligations Instructions included as Attachment 3. ACDEH also requests email notification verifying upload of the requested deliverables to the Case file on GeoTracker be provided to the primary caseworker, Drew York ([email protected]).
LIST OF DELIVERABLES AND COMPLIANCE DATES
Subsequent to ACD EH’s issuance of this June 30 th directive letter for submittal GeoTracker of the following deliverables:
1. REDEVELOPMENT BASELINE SCHEDULE & CAP DESIGN INVESTIGATION DOCUMENTS a. Deliverable: Baseline Project Schedule
Submittal Compliance Date: Friday, August 5, 2022
File Name: RO3500_PROJ_SCHD_2022-08-05
b. Deliverable: Corrective Action Plan Design Investigation Work Plan Submittal Compliance Date: TBD based on Baseline Schedule File Name: RO3500_Final_CAP_WP_YYYY-MM-DD
c. Deliverable: Corrective Action Design Investigation Report Submittal Compliance Date: TBD based on Baseline Schedule File Name: RO3500_Inv_CSM_R_YYYY-MM-DD
Recurring deliverable re quirements throughout the implementation of corrective actions at the Site for submittal and ACDEH-approval:
2. SCHEDULES AND STATUS REPORTS
a. Deliverable: Updated Project Schedules
Submittal Compliance Date: Monthly after submittal Baseline Project Schedule File Name: RO3500_UPDATED_PROJ_SCHD_YYYY_MM_DD (first update) RO3500_UPDATED_PROJ_SCHD_XXXX-XX-XX (subsequent updates)
The Michaels Organization Redevelopment
July 5, 2022
Attachment 1 – List of Deliverables & Compliance Dates
Site Cleanup Program Case No. RO0003500
GeoTracker Global ID T10000017096
b. Deliverable: Weekly Status Reports
Submittal Compliance Date: First report is required to be submitted the first Monday after commencement of foundation/hardscape removal or earthwork activities and each Monday thereafter until installation of final groundcover at the Site is completed.
File Name: RO3500_STATUS_R_XXXX-XX-XX
3. GEOTRACKER DATABASE AUDIT
a. Deliverable: GeoTracker Database Compliance Certification Letter Submittal Compliance Date: Friday, July 22, 2022, and ongoing as field activities are conducted
File Name: RO3500_GEOTRK_AUDIT_2022-07-22
Prior to the st art of all site demolition and earthwork activities including grading and remedial excavation, submittal and ACDEH-approval of the following deliverables:
4. REMEDIAL ACTION IMPLEMENTATION PLAN(S)
a. Deliverable: Soil and or Groundwater Remedial Action Implementation Plans and Specifications
Submittal Compliance Date: Ninety (90) days prior to start of redevelopment activities File Name: RO3500_RAIP_XXXX-XX-XX
5. ONSITE GROUNDWATER MONITORING WELL & SOIL VAPOR PROBE DESTRUCTION (IF
APPLICABLE)
a. Deliverable: On-Site Groundwater Monitoring Well and Soil Vapor Probe Decommissioning Work Plan
Submittal Compliance Date: Sixty (60) days prior to probe and well decommissioning File Name: RO3500_WELL_SVP_DCM_WP_ XXXX-XX-XX
b. Deliverable: On-Site Groundwater Monitoring Well & Soil Vapor Probe Decommissioning Report
Submittal Compliance Date: Thirty (30) days after decommissioning of probes File Name: RO3500_WELL_SVP_DCM_R_XXXX-XX-XX
6. DEVELOPER & CONTRACTOR DOCUMENTS
a. Deliverable: Soil Excavation and Construction Sequencing Plan Submittal Compliance Date: Thirty (30) days prior to start of Site development activities File Name: RO3500_CONSTRC_SEQ_XXXX-XX-XX
b. Deliverable: Soil & Groundwater Management Plan (SGMP) Submittal Compliance Date: Ninety (90) days prior to start of Site development activities File Name: RO3500_SGMP_XXXX-XX-XX
c. Deliverable: Signed SGMP Certification Form (ACDEH approval not required) Submittal Compliance Date: Ten (10) days prior to the start of Site development activities File Name: RO3500 _SGMP_CERT_XXXX-XX-XX
The Michaels Organization Redevelopment
July 5, 2022
Attachment 1 – List of Deliverables & Compliance Dates
Site Cleanup Program Case No. RO0003500
GeoTracker Global ID T10000017096
7. PERMITS, PLANS, AND APPROVALS FROM OTHER AGENCIES (ACDEH APPROVAL NOT
REQUIRED)
a. Local Planning Department Entitlement Approvals
i. Deliverable: California Environmental Quality Act (CEQA) Compliance Documents Submittal Compliance Date: Thirty (30) days after City Adoption File Name: RO3500_DEV_CEQA_XXXX-XX-XX
ii. Deliverable: Redevelopment Project Approval
Submittal Compliance Date: Thirty (30) days after Project Approval File Name: RO3500_DEV_ENTITLE_XXXX-XX-XX
b. Local Building Department Construction & Demolition Permits i. Deliverable: Building Permit Plan Set
Submittal Compliance Date : Sixty (60) days prior to the start of Site redevelopment activities
File Name: RO3500_BLD_PERMIT_XXXX-XX-XX
ii. Deliverable: Grading Permits
Submittal Compliance Date: Thirty (30) days prior to the start of Site redevelopment activities
File Name: RO3500_ GRADING_PERMIT_XXXX-XX-XX
c. Groundwater Discharge to Sanitary Sewer or Storm Drain Permits i. Deliverable: East Bay Municipal Utility District (EBMUD) Special Discharge Permit (if discharge to sanitary sewer)
Submittal Compliance Date: Thirty (30) days prior to the start of discharge File Name: RO3500_EBMUD_DISCH_PERMIT_XXXX-XX-XX
ii. Deliverable: Regional Water Quality Control Board’s National Pollutant Discharge Elimination System (NPDES) Permit (if discharge to storm drain) Submittal Compliance Date: Thirty (30) days prior to the start of discharge File Name: RO3500_NPDES_PERMIT_XXXX-XX-XX
iii. Deliverable: City of Oakland Permits (Temporary Discharge to Sanitary Sewer System, Sewer Connection, Obstruction)
Submittal Compliance Date: Thirty (30) days prior to the start of discharge File Name: RO3500_OAKL_SS_PERMITS_XXXX-XX-XX
Prior to backfilling remedial excavations and fill import activities , subm ittal and ACDEH- approval of the following deliverables:
8. REMEDIAL ACTION COMPLETION & FILL IMPORT DOCUMENTATION a. Deliverable: Remedial Completion Documentation Submittal Package Submittal Compliance Date: Fifteen (15) days prior to the start of backfilling
The Michaels Organization Redevelopment
July 5, 2022
Attachment 1 – List of Deliverables & Compliance Dates
Site Cleanup Program Case No. RO0003500
GeoTracker Global ID T10000017096
File Name: RO3500_REM_SOIL_EXC_COMP_XXXX-XX-XX
b. Deliverable: Application for Determination of Fill Material Suitability Submittal Compliance Date: Thirty (30) days prior to the start of backfilling File Name: RO3500_SOIL_IMPORT_XXXX-XX-XX
Prior to the start of foundation construction and utility installation, subm ittal and ACDEH-approval of the following deliverables:
9. VAPOR INTURSION MITIGATION & MIGRATION ENGINEERING CONTROLS (VIMMECS) a. Deliverable: VIMMEC Design Documents
Submittal Compliance Date: Ninety (90) days prior to the start of foundation construction File Name: RO3500_VIMMEC_DESIGN_XXXX-XX-XX
b. Deliverable: Draft VIMMEC Operations Maintenance, Monitoring & Report (OMM&R) Plan Submittal Compliance Date: Ninety (90) days prior to the start of foundation construction File Name: RO3500_DRAFT_OM_PLAN-VIMMEC_XXXX-XX-XX
c. Deliverable: EBMUD Clean Utility Corridor Work Plan
Submittal Compliance Date: Ninety (90) days prior to the start of foundation construction File Name: RO3500_CUC_XXXX-XX-XX
d. Deliverable: Draft Work Plan Template for Tenant Improvements Submittal Compliance Date: Ninety (90) days prior to the start of foundation construction File Name: RO3500_DRAFT_TEN_IMPROV_WP_TEMPLATE_XXXX-XX-XX e. Deliverable: VIMMEC Construction Quality Assurance Plan Submittal Compliance Date: Ninety (90) days prior to the start of foundation construction File Name: RO3500_VIMMEC_CQA_XXX-XX-XX
f. Deliverable: Approved Building Permit Plans with VIMMEC Incorporated (with Transmittal Letter by VIMMEC Design Engineer)
Submittal Compliance Date: Thirty (30) days prior to the start of foundation construction File Name: RO3500_BLDG_PERMIT_VIMMEC_XXXX-XX-XX
g. Deliverable: VIMMEC Construction Quality Assurance Plan Status Reports Submittal Compliance Date: After each CQA inspection
File Name: RO3500_VIMMEC_CQA_STATUS_R_XXX-XX-XX
Prior to building occupancy, submittal and ACDEH-appr
oval of the following deliverables:
10. REMEDIAL & CORRECTIVE ACTION COMPLETION REPORTS
a. Deliverable: Soil Remedial Action and Consolidation Completion Report Submittal Compliance Date: Sixty (60) days after completion of remedial actions File Name: RO3500_RACR_XXXX-XX-XX
The Michaels Organization Redevelopment
July 5, 2022
Attachment 1 – List of Deliverables & Compliance Dates
Site Cleanup Program Case No. RO0003500
GeoTracker Global ID T10000017096
b. Deliverable: Soil Import Summary Report
Submittal Compliance Date: Sixty (60) days after completion of soil import File Name: RO3500_RACR_XXXX-XX-XX
c. Deliverable: EBMUD Clean Utility Corridor Record Report of Construction Submittal Compliance Date: Sixty (60) days prior to building occupancy File Name: RO3500_CUC_RROC_XXXX-XX-XX
d. Deliverable: VIMMEC Record Report of Construction
Submittal Compliance Date: Sixty (60) days prior to building occupancy File Name: RO3500_VIMMEC_RROC_XXXX-XX-XX
e. Deliverable: Vapor Mitigation System (VMS) Post Construction Performance Monitoring Report(s)
Submittal Compliance Date: Sixty (60) days prior to building occupancy File Name: RO3500_VMS_PERF_MON_R_XXXX-XX-XX
11. OPERATION, MAINTENANCE, MONITORING AND REPORTING (OMM&R) PLANS a. Deliverable: Final VIMMEC OMM&R Plan (with As-built plans) Submittal Compliance Date: Forty-five (45) days prior to building occupancy File Name: RO3500_FINAL_OM_PLAN-VIMMEC_XXXX-XX-XX
b. Deliverable: Final CAP OMM&R Plan (with As-built plans) Submittal Compliance Date: Forty-five (45) days prior to building occupancy File Name: RO3500_FINAL OM_PLAN_TRENCHDAM_XXXX-XX-XX
c. Deliverable: Final Work Plan Template for Tenant Improvements Submittal Compliance Date: Forty -five (45) days prior to proposed tenant improvement plans
File Name: RO3500_FINAL_TEN_IMPROV_WP_TEMPLATE_XXXX-XX-XX d. Deliverable: Financial Assurance Cost Estimate
Submittal Compliance Date: Sixty (60) days prior to building occupancy File Name: RO3500_FIN_ASSUR_COST_XXXX-XX-XX
12. INSTITUTIONAL CONTROLS
a. Deliverable: Environmental Risk Management Plan
Submittal Compliance Date: Sixty (60) days prior to building occupancy File Name: RO3500_RMP_XXXX-XX-XX
b. Deliverable: Financial Assurance Instrument
Submittal Compliance Date: Sixty (60) days prior to building occupancy File Name: RO3500_FIN_ASSUR_XXXX-XX-XX
Throughout the Post-Clo
sure Period, submittal and ACDEH-approval of the following deliverables:
The Michaels Organization Redevelopment
July 5, 2022
Attachment 1 – List of Deliverables & Compliance Dates
Site Cleanup Program Case No. RO0003500
GeoTracker Global ID T10000017096
13. COMPLIANCE REPORTS
a. Deliverable: Routine Operations, Maintenance, and Monitoring Report / Site Inspection Reports
Submittal Compliance Date: To be determined in accordance with schedule in Environmental Risk Management Plan
File Name: RO3500_R_OMM_R_XXXX-XX-XX
b. Deliverable: Non-Routine Operations, Maintenance, and Monitoring Report / Site Inspection Reports
Submittal Compliance Date: To be determined in accordance with schedule in Environmental Risk Management Plan
File Name: RO3500_NR_OMM_R_XXXX-XX-XX
c. Deliverable: 5-Year Environmental Review Summary Report Submittal Compliance Date: To be determined in accordance with schedule in Environmental Risk Management Plan
File Name: RO3500_5YR_RVW_R_XXXX-XX-XX
d. Deliverable: Work Plans for Tenant Improvements
Submittal Compliance Date: Sixty (60) days prior to proposed tenant improvement plans Risk Management Plan
File Name: RO3500_TEN_IMPROV_WP_XXXX-XX-XX
e. Deliverable: Tenant Improvement Completion Report
Submittal Compliance Date: Sixty (60) days after tenant improvement completion and thirty (30) days prior to tenant occupancy
File Name: RO3500_TENT_IMPROV_COMP_R_XXXX-XX-XX
14. GEOTRACKER COMPLIANCE
a. GeoTracker Database Compliance
Deliverable: Electronic Deliverable Format (EDF), logs, etc.
Submittal Compliance Date: ongoing as investigation and reports are submitted Alameda County Department of
Environmental Health Local
Oversight Program
Case No.: RO0003500
Global ID: T10000017096
Case Name: The Michaels Organization
Redevelopment
Case Address:
1396 5th Street, Oakland, CA
94607
Directive Letter
Issue Date:
July 5, 2022
Subject: Attachment 2 – Deliverable Requirements
PURPOSE
The purpose of this document is to identify requisite elements for each of the deliverables requested by Alameda County Department of Environmental Health (ACDEH) as conditions of approval for the proposed residential redevelopment project at the subject property.
As required in ACDEH’s directive letter dated July 5 , 2022 , ACDEH requests that you prepare the deliverables listed in Attachment 1 - List of Deliverables & Compliance Dates in accordance with the corresponding Technical Comments and Deliverable Requirements provided below and submit the deliverables to the State Water Resources Control Board’s GeoTracker website in compliance with the requirements identified in Attachment 3.
DELIVERABLE REQUIREMENTS
Subsequent to ACDEH’s issuance of this June 30
th directive letter for submittal GeoTracker of the following deliverables:
1. REDEVELOPMENT BASELINE SCHEDULE & CAP DESIGN INVESTIGATION DOCUMENTS a. Baseline Project Schedule – ACDEH requires submittal of a Baseline Project Schedule which outlines the path forward at the Site. The purpose of the Baseline Project Schedule is to: (1) identify milestones and important target dates, such as the start and end of phases of construction, and the target occupancy date; and (2) facilitate the allocation of resources to allow for reasonable and timely preparation and review of documents. The Baseline Project Schedule must include the permitting and phases of construction, and entries for deliverable submittals in accordance with the requisite compliance dates provided in Attachment 1. The Baseline Project Schedule must include a minimum of 30 days for ACDEH review and approval of deliverables. An example of a schedule can be provided by ACDEH upon request.
b. Corrective Action Plan Design Investigation Work Plan – ACDEH requires submittal of a work plan to collect additional soil, soil vapor, and groundwater samples to evaluate on—and off-Site sources of volatile organic compounds documented in soil vapor and groundwater beneath the Site to inform corrective action plan implementation design documents including plans and specifications for soil and groundwater remediation (if warranted) and environmental engineering controls.
c. Corrective Action P lan Design I nvestigation Report – ACDEH requires submittal o f a report documenting the results of the corrective action implementation of the scope of work in the ACDEH approved work plan.
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GeoTracker Global ID T10000017096
Recurring deliverable requirements throughout the implementation of corrective actions at the Site for submittal and ACDEH-approval:
1. SCHEDULES AND STATUS REPORTS
a. Updated Project Schedules – The Project Schedule is a living document that must be updated throughout the lifecycle of the project as a planning and scheduling tool. U pdated Project Schedules must be submitted to ACDEH on Monday of each week during implementation of the remedial and potential corrective actions and site redevelopment activities to be reflective of the actual project timetables.
b. Weekly Status Reports – Weekly Status Reports must be submitted to ACDEH on Monday of each week during implementation of the remedial and corrective actions and site redevelopment activities. The reports must include at a minimum:
i. A description of approved remedial and corrective actions implemented, and discovery of unknown environmental conditions and contingency measures taken during the previous week;
ii. A description of approved remedial and corrective actions that are planned to be conducted during the next current week;
iii. Documentation showing compliance with the requirements of the Soil and Groundwater Management Plan (SGMP) included in the Remedial Soil Excavation Plan and the results of community protection monitoring, including:
Identification of the number and duration of dus t/volatile organic compound (VOC) action level exceedances (collectively, Action Level Exceedances);
A summary of corrective actions implemented to address Action Level Exceedances;
A figure depicting the inner quartile range of dust/VOC measurements at each monitoring station;
A wind-rose diagram;
A statement identifying if a potential unacceptable exposure to contaminated dust or volatile organic compounds (VOCs) occurred during the reporting period;
Raw data collected from each monitoring station (as an appendix/attachment); and
A copy of the Complaint Log and discussion of complaints received, and mitigation measures taken to resolve the complaints
2. GEOTRACKER DATABASE AUDIT
a. Based on a brief compliance audit and review of electronic submittal of information (ESI) the Site is not in compliance with ESI requirements.
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GeoTracker Global ID T10000017096
ACDEH requests Oakland Housing Investors LP conduct a thorough compliance audit in accordance with Attachment 4 od this directive letter and upload all historical environmental documents related to the subject site including but not limited the missing soil and groundwater analytical data, documents and reports, maps, and boring logs to GeoTracker.
Prior to the start of all site demolition and earthwork activities including grading and remedial excavation, submittal and ACDEH-approval of the following deliverables:
3. REMEDIAL ACTION IMPLEMENTATION PLAN
a. Soil Remedial Action and On- Site Consolidation Implementation Plans and Specifications – A RAIP must be prepared under the direction of a Registered Civil Engineer and submitted to ACDEH for review and approval. An example the Remedial Action Implementation Plans and Specifications can be provided upon request. The RAIP must present a comprehensive a nd detailed plan for implementing the soil excavation and consolidation and capping presented in the CAP and additional soil, soil vapor and/or groundwater remediation activities, if warranted.
The RAIP must include at a minimum the following:
i. Soil Excavation
Detailed figures (plan view and cross sections) delineating the vertical and lateral extent of the selected locations presented in the Draft CAP where constituents of concern have been reported above screening levels and additional areas of metal, TPH, and VOC impacts, if warranted.
Excavation phasing and other measures to minimize volatilization of VOCs in soil and potentially groundwater to outdoor air and exposure to receptors (for example phased demolition of pavement, dewatering, direct load of excavated soil into trucks for immediate off-haul, etc.);
Shoring and/or other stabilization measures;
Proposed confirmation sample locations and density, including in-situ soil samples for pre- characterization for offsite disposal at a permitted facility; Estimated quantities of soil to be excavated and transported offsite for disposal.
Protocols for characterizing, segregating, and stockpiling excavated soil based on visual and olfactory observations, PID readings, and analytical results for total petroleum hydrocarbons, VOCs, and other appropriate analytes based on historic land use at the Site including metals associated with historic fill and operations; and ii. Consolidation and Capping
The RAIP must include sufficient detail for the proposed engineering controls including consolidation and construction of the “capped” areas (hardscape and landscape areas). The RAIP must describe mitigation measures for areas of the Site not covered by an impermeable cap (e.g. landscaped areas, utility corridors, etc.) including but not limited to proposed clean fill and demarcation layers. Prior to proposing the details of consolidation and/or capping of impacted soil at the Site, ACDEH will require a meeting with the developer and the environmental consultant to discuss the design requirements for capped
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GeoTracker Global ID T10000017096
areas that must be included in VIMMEC Design Documents submitted to ACDEH for review and approval.
iii. Additional remediation measures
Detailed plans for additional corrective actions for soil, groundwater, or soil vapor to reduce the risk to on - and off-site receptors from dissolved phase or vapor phase COCs, if warranted based on results of the site investigation activities mentioned above.
4. ONSITE GROUNDWATER M ONITORING WELL AND SOIL VAPOR PROBES DESTRUCTION (IF
APPLICABLE)
a. On-Site Groundwater Monitoring Well and Soil Vapor Decommissioning Work Plan – A Work Plan with a scope of work to p roperly destroy the On -Site vapor monitoring probes. Alameda County Public Works Agency decommissioning permits must be obtained prior to probe decommissioning, if applicable.
b. On-Site Groundwater Monitoring Well and Soil Vapor Decommissioning Report – A Report documenting the permitted destruction of the existing vapor probes in accordance with an approved Work Plan . The Report must include appropriate documentation (permits, waste disposal documentation, etc.). Final disposal documentation requires full and complete disposal forms, with a minimum of three accepting signatures. Documentation is not required for disposal of non-contaminated material such as vapor probe boxes.
5. DEVELOPER & CONTRACTOR DOCUMENTS
c. Soil Excavation and Construction Sequencing Plan – ACDEH requests submittal of a Soil Excavation and Construction Sequencing Plan prepared by the Environmental Consultant with input from the Developer and excavation contractor tha t includes a description of the proposed excavation phasing and other measures to minimize dust and exposure to receptors (for example phased demolition of pavement, use of containerized bins for excavated soil, direct load of excavated soil into trucks for immediate off -haul, etc.) The document must also contain f igures illustrating the excavation phasing and other proposed staging areas including but not limited to potential stockpile locations and sequence of subsurface soil disturbance. Non-compliance with community protection measures for dust control as outlined in an ACDEH-approved SGMP, will result in a requirement to direct-haul (only) impacted soil from the Site.
Soil and Groundwater Management Plan (SGMP) - A SGMP must be prepared under the direction of a registered civil engineer or registered geologist and submitted to ACDEH for review and approval. The SGMP should describe procedures to be followed by environmental consultants, construction contractors and workers, and other property owner representatives during property improvements, identifying safety and training requirements for construction workers, establishing procedures for assessing and managing contaminated environmental media.
Signed Construction SGMP Certification Form – A copy of the SGMP Certification Form signed by Oakland Housing Investors LP and all their environmental professionals and contractors associated with implementation of field investigations at the Site certifying that they agr ee to comply with the ACDEH approved SGMP. Please note, before the start of all subsurface and
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construction activities are approved at the Site, a copy of the certification form indicated above must be received by this agency.
6. PERMITS, PLANS, AND APPROVALS FROM OTHER AGENCIES (ACDEH APPROVAL NOT REQUIRED) ACDEH requires copies of all permits, plans, and approvals from other agencies to be uploaded to GeoTracker prior to the start of demolition activities at the Site. ACDEH will review the documents to ensure consistency with ACDEH -approved co rrective actions presented in the VIMM ECs. At a minimum, these submittals must include the following documents:
a. Local Planning Department Entitlement Approvals – Submittal of the following documents approved by the City of Oakland Planning Department. The documents must be accompanied by a transmittal letter prepared by the Environmental Consultant that states that the documents are consistent with the corrective action implementation plans ACDEH notes that substantial changes may invalidate the conclusions of the protectiveness of the proposed redevelopment of the Site with respect to the residual contamination and the proposed corrective actions presented in the corrective action implementation plans.
i. California Environmental Quality Act (CEQA) Compliance Documents and documentation of the date of City adoption
ii. Documentation of the redevelopment Project approval by the City of Oakland Planning Department
b. Local Building Department Construction & Demolition Permits – Submittal of the following documents approved by the City of Oakland Building Department . The documents must be accompanied by a transmittal letter prepared by the Environmental Consultant that states that the documents are consistent with the Site development plans and remedial actions presented in the Final CSM and Finalized CAP.
i. The Building Permit Plan Set
ii. Demolition and Grading Permits
c. Groundwater Discharge to Sanitary Sewer or Storm Drain Permits – Submittal of the following permits for discharge of contaminated groundwater to the sanitary sewer or storm drain system.
i. East Bay Municipal Utility District (EBMUD) - Special Discharge Permit
ii. Regional Water Quality Control Board - National Pollutant Discharge Elimination System (NPDES) permit
iii. City of Oakland Permits - Temporary discharge to sanitary sewer, sewer connection, obstruction
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Site Cleanup Program Case No. RO0003500
GeoTracker Global ID T10000017096
Prior to backfilling remedial excavations and fill import activities, subm ittal and ACDEH- approval of the following deliverables:
7. REMEDIAL ACTION COMPLETION & FILL IMPORT DOCUMENTATION All contaminated soil exported f rom the site must be disposed of at an off -Site permitted disposal facility unless otherwise approved by ACDEH. ACDEH requires that imported or exported soil to other than a permitted disposal facility be characterized in accordance with the ACDEH’s Soil Import/Export Characterization Requirements which was last revised on August 9, 2019 (ACDEH’s Fill Guidance). The Fill Guidance provides requirements for the characterization of soil to determine its suitability for use at another site. These requirements have been prepared to ensure that unsuitable soil is not imported to environmental cleanup sites or exported from environmental cleanup sites to properties with sensitive land uses. The Fill Guidance is for characterization of soil only and does not address requirements for characterization of other fill material including, but not limited to: crushed rock, pea gravel, recycled concrete, or flowable material.
At this time, ACDEH is exempting virgin concrete or flowable fill materials and virgin aggregates from characterization requirements presented in ACDEH’s Fill Guidance. Written approval is required from ACDEH prior to the import or on -Site re-use of recycled aggregates (including crushed co ncrete or asphalt). Please be advised that ACDEH has adopted the New Jersey Department of Environmental Protection Solid and Hazardous Waste Management Program’s Guidance for Characterization of Concrete and Clean Material Certification for Recycling dated January 12, 2010, and Recycled Asphalt Pavement and Asphalt Millings Reuse Guidance dated March 2013 amended with applicable ESLs.
a. Remedial Action Completion Documentation Submittal Package – A submittal package with a transmittal letter prepared by the Environmental Consultant documenting that remedial soil excavation has been completed in accordance with the Draft RAIP and SGMP. The submittal package mu st be submitted to ACDEH for review and approval prior to backfilling remedial excavations. ACDEH suggests the submittal package be submitted via email correspondence to facilitate quick review and backfill approval. At a minimum, the report must include scaled figures (plan views and cross -sections) showing confirmation sampling locations and extents of excavation, tabulated volumes of soil excavated disposition (on-Site stockpile, direct haul to off- Site disposal facility, on-Site consolidation), volumes of contaminated groundwater removed and disposition (temporary storage in on- Site tanks, discharged to sanitary sewer or storm drain - if warranted), subsurface infrastructure removed and disposition, tabulated soil and groundwater analytical results compared to cleanup goals, and draft soil and groundwater laboratory analytical reports.
b. Application for Determination of Fill Material Suitability – If soil is imported to the Site for construction or as part of an environmental engine ering controls, ACDEH requires the submittal of the Application for Determination of Fill Material Suitability to support requirements outlined in ACDEH’s Fill Guidance. Submittal of the application and requisite supporting documents must be submitted to ACDEH for review and approval prior to import of fill. Requisite documents are outlined in the Application and include but are not limited to proposed sources, sampling and profiling protocols, analytical laboratory reports, and tables with analytical results and applicable environmental screening levels.
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GeoTracker Global ID T10000017096
Prior to the start of foundation construction and utility installation, submittal and ACDEH-appro val of the following deliverables:
8. VAPOR INTURSION MITIGATION & MIGRATION ENGINEERING CONTROLS (VIMMECS) a. VIMMEC Design Documents – Description of proposed corrective actions presented in the Final CSM and Finalized CAP include but are not limited to the installation of VIMMECs consisting of the vapor barrier, passive sub-slab venting system beneath buildings, and trench plugs within utility corridors. V IMMEC Design Documents must be prepared by a Registered Civil Engineer and submitted to ACDEH for review and approval. The V IMMEC Design Doc uments must include a basis of design report ( BOD Report) that identifies design objectives, assumptions, engineering calculations, and construction quality assurance and quality control measures ( CQA/CQC); construction plan set and specifications ( Plans & Specs ); and an Operations, Maintenance, Monitoring and Reporting ( OMM&R) Plan including post-construction/pre-occupancy VIMMEC system testing procedures, and long-term operation and maintenance. The BOD Report and Plans & Specs must be prepared with sufficient detail to evaluate the validity, constructability, and design performance of the engineering controls. The BOD Report, Plans & Specs, and OMM&R Plan. The ACDEH approved VIMMEC Plans & Specs must be incorporated into the building and utility construction plans and specifications.
b. Draft VIMMEC OMM&R Plan – A Draft VIMMEC OMM&R Plan for VIMMECs. The Draft Plan must include, at a minimum , VIMMEC components proposed to be installed with specifications; responsible party information; details of required OMM&R activities; emergency contacts and protocols in case of system failure; and copies of the field forms to be completed during routine and emergency inspections.
c. East Bay Municipal Utility District (EBMUD) Clean Utility Corridor (CUC) Work Plan – A Draft EBMUD CUC Work Plan to install clean utility corridors for the connection of EBMUD service to the Site. The Work Plan must include EBMUD’s specifications for the demarcation fabric and pipe bedding and backfill; construction plans (plan view and cross sections) showing locations of environmental samples collected at the site in the vicinity of the alignment and the location and specification of trench dams for vapor migration control; p roject schedule showing the coordination during the clean corridor installation with proposed dates for inspections of trench dams and submittal of documents to and approval by this agency ; a figure showing the location of the temporary trench spoil stockpiling ; r eporting requirements including clean fill documentation to ACDEH prior to backfill and a record report of construction of the clean corridor for ACDEH review and approval; and reference to an attachment with the site SGMP updated to be reflective of developed conditions.
d. Draft Work Plan Template for Tenant Improvement – A template work plan presenting requirements for the implementation of tenant improvement activities identified in burdened activities in the Environmental RMP. The template requirements must demonstrate compliance with the Environmental RMP, Final OMM&R Plans, and the SGMP as applicable. Other template requirements include a copy of the City of Oakland approved Building Permit Plan set. e. VIMMEC Construction Quality Control /Quality Assurance Plan – A comprehensive report that identifies the members and responsibilities of the CQA Team and documents procedures and
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GeoTracker Global ID T10000017096
protocols that will be implemented by the CQA team during construction and testing of the VIMMECs to ensuring compliance with the ACDEH approved Plans & Specs . The CQA Plan must include at a minimum:
i. Material Quality Control and Quality Assurance – Identification of measures for ensuring that materials are free from defect prior to installation.
ii. Material Storage – Declaration of materials storage criteria and requirements
iii. Insta
ller Qualifications – Declaration of the minimum qualifications for installers . At a minimum, installers for barrier systems must be certified by the manufacturer. Contractors installing probes installed at a depth greater than 4.9 feet bgs must have a C -57 d rillers
license.
iv. Inspe
ctions – Identification of minimum required inspections and triggers for additional inspections. This identification must include sequencing with other disciplines and must also include copies of forms that will be completed by the CQA inspector at the end of each inspection.
v. Inspector Qualifications – Declaration of the minimum qualifications for inspectors.
vi. Protective Measures and Prohibited Work Practices – Description of protective measures and prohibited work practices intended to limit potential damage to the VIMMECs during construction.
vii. Materials and Installation Testing – Requirements for testing installed system components (e.g., seam tensile test, coupon test, wet mil test, smoke test) and triggers for additional testing requirements. At a minimum, the type, frequency, and passing conditions for each test must be included. Contingencies for how failures will be addressed must be included.
f. Approved Building Permit Plans with VIMMEC Incorporated – A copy of the City of Oakland approved Building Permit Plan Set for site redevelopment incorporating the VIMMEC s must be submitted to ACDEH for review to verify that the VIMMECs have been incorporated into the plans as approved by ACDEH. Submittal of the Building Permit Plan Set must be accompanied by a transmittal letter prepared by the VIMMEC Design Engineer that states that the plans are consistent with the ACDEH approved BOD Report and Plans & Specs and identifies plan sheets where the VIMMEC design elements are incorporated.
g. VIMMEC Construction Quality Assurance Plan Status Reports – Reports documenting the status of the VIMMEC installation and testing. The reports must be signed by the CQA Engineer with Responsible Charge and include at a minimum photo-logs and CQA Inspection Sheets.
Prior to building occupancy, subm
ittal and ACDEH-approval of the following deliverables:
9. REMEDIAL ACTION COMPLETION REPORTS
a. Soil Remedial Action and Consolidation Completion Report (RACR) – A comprehensive report documenting implementation of the remedial and consolidation actions presented in the Final
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CAP, and RSEP demonstrating that remedial action objectives have been met or identifying any remedial action objectives that have not yet been met. The RACR must include as-built drawings and photo documentation and must include a certification by the remedial action design engineer that the remedial measures were implemented in accordance with the approved RACP. The RACR must also include copies of all permits and must document at a minimum the following (if applicable):
i. Description of the remedial soil excavation activities including at a minimum the information submitted in the Remedial Soil Excavation Completion Documentation Submittal Package, the final disposition of soil (on- Site consolidation and capping, off-Site disposal), a figure depicting the surveyed locations and depths of consolidated lead impacted soil, copies of all manifests or other waste disposal documentation , and final laboratory analytical reports for soil confirmation samples and pre-characterization results of in-situ sampling and/or stockpiling sampling for soil disposed of off-Site.
ii. Description of groundwater removal activities with supporting documentation, including but not limited to tables, figures, laboratory analytical reports, copies of discharge reports, and corrective actions associated with unauthorized releases during construction activities.
iii. Description of removal of subsurface infrastructure in source areas (e.g., oil/water separation and piping, sanitary sewer laterals) and copies of waste manifests.
iv. Description of discovery of unexpected subsurface structures (e.g., tanks, vaults, sumps), contingency measures implemented, and copies of laboratory analytical reports and waste manifests.
v. Certification of compliance with the SGMP protocols during implementation of remedial measures including but not limited to agency notification and reporting requirements, pre- field activities (site security and access, traffic control, excavation permits, notification and utility clearance), waste management, soil and groundwater management, storm water management, dust and odor emission control, and contingency measures for discovery of unexpected underground structures.
vi. As-built plans showing the surveyed locations of consolidated impacted soil (plans and cross-sections)
vii. Photo-logs and field notes
b. Soil Import Summary Report – If soil is imported to the Site, a Report documenting the import/export of soil (if not disposed of at a permitted disposal facility) must be drafted in accordance with the Fill Guidance. The Report must be uploaded to the GeoTracker information repositories for both the fill material source area and the destination. At a minimum the Report must include the following:
i. A cover letter from the owner of the proposed fill source material that states, at a minimum, the following: “I have read and acknowledge the content, recommendations, and/or conclusions contained in the attached document or report submitted on my behalf to ACDEH.” This cover letter must be signed by the owner of the proposed fill source material or a legally authorized representative of the owner of the proposed fill source material.
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ii. A statement that fill material characterization was conducted under the responsible charge of a Qualified Professional. This statement must be accompanied by the signed and dated seal of the Qualified Professional with responsible charge.
iii. Summary tables of soil import logs. These logs must include the following information for each delivery of fill material: arrival date, manifest number or truck tag, quantity of fill material delivered, originating facility, and profile number.
iv. A figure depicting the location and depth of i mported soil. If fill material from multiple sources has been imported, the location and depth of imported soil from each source must be distinguished.
v. Copies of all manifests or other documentation of soil import as an appendix.
vi. Copies of all fill characterization profiles as an appendix.
h. Clean Utility Corridor (CUC) Record Report of Constriction (RROC) – A comprehensive report documenting the installation of clean utility corridors; construction quality assurance (CQA) activities and observation and findings during construction of the CUCs; and clean fill documentation. The RROC must include as-built drawings, photo documentation, certification by the CQA Manager that the completed CUC was installed in accordance with the ACDEH approved Work Plan.
c. VIMMEC Record Report of Construction (RROC) – A comprehensive report documenting the CQA activities and observation and findings during construction of the VIMMEC s including vapor mitigation systems (VMS) beneath buildings and trench dams/plugs in utility corridors. The RROC must include as -built drawings, photo documentation, certification by the CQA Manager and VIMMEC Design Engineer that the completed VIMMEC and utility trench plugs were installed in accordance with the ACDEH, approved BOD Report and Plans & Specs.
d. VMS Post Construction Performance Monitoring Report (s) – A Report documenting the results of the VMS performance monitoring (indoor air, sub-slab soil vapor, and vent riser sampling) and certification by the VIMMEC Design Engineer that the VMS is functioning as designed.
10. OPERATION, MAINTENANCE, MONITORING AND REPORTING (OMM&R) PLANS a. Final VIMMEC and CAP OMM&R Plan – A Final VIMMEC OMM&R Plan for the vapor mitigation engineering controls. The VIMMEC OMM&R Plan must include, at a minimum documentation of the installed VIMMEC components, including As -Built drawings and specifications, survey coordinates of the trench dams, and photo documentation; responsible party information; details of required OMM&R activities; emergency contacts and protocols in case of system failure; and copies of the field forms to be completed during routine and emergency inspections.
b. Final Work Plan Template for Tenant Improvement – A Final template for Tenant Improvement Work Plan presenting requirements for the implementation of tenant improvement activities identified in burde ned activities in the Environmental RMP. The template requirements must demonstrate compliance with the Environmental RMP, Final OMM&R Plans, and the SGMP as
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applicable. Other template requirements include a copy of the City of Oakland approved Building Permit Plan set.
c. Financial Assurance Cost Estimate – Cost estimates for the continued implementation and maintenance of the VIMMECs. The details of this financial cost estimates must be developed by the project proponent and ACDEH as design plans are finalized and approved. The cost estimates must provide estimates to construct, monitor, and provide regulatory oversight costs for long - term operations and maintenance of the VIMMECs. Estimates of th ese costs must be based, in part, on the cost estimates for project implementation that are established in the RSEP and OMM&R Plans.
11. INSTITUTIONAL CONTROLS
a. Envi
ronmental Risk Management Plan (RMP) – A Environmental RMP for long -term site management plan written for the property owner to facilitate compliance with the requirements of the Deed Restriction. The Environmental RMP is a communications document for non-tec hnical
audiences identifying the location of residual COCs, potential deleterious health effects from exposure to COCs, and engineering, administrative, and institutional controls that are implemented at the Site to control unacceptable risk due to exposure from COCs. The Environmental RMP must include sufficient detail that non-tec hnical staff can identify what work
practices are unacceptable and can identify engineering controls if encountered. The Environmental RMP must also include communications and reporting requirements so that, in the event the engin eering controls are encountered, the appropriate professionals and regulatory agencies can be notified to ensure that the integrity of the engineering controls is maintained.
b. Fi
nancial Assurance Instrument – Documentation of an appropriate financial instrument to assure ACDEH of implementation and maintenance of the VIMMECs. The details of this financial assurance must be worked out by the project proponent and ACDEH as design, construction, and monitoring plans are finalized and approved. The financial assurance instrument must provide for sufficient funds to construct, monitor, and provide regulatory oversight costs for long -term operations and maintenance of the VIMMECs. Estimates of these costs must be b ased, in part, on the cost estimates for project implementation that are established in the Updated CAIP and OMM&R Plans.
Throughout the Post-Clo sure Period, submittal and ACDEH-approval of the following deliverables:
12. COMPLIANCE REPORTS
a. Routine Operations, Maintenance, and Monitoring Report / Site Inspection Reports – A report documenting compliance with the Environmental RMP and the OMM&R Plan. At a minimum, this report must include the following elements:
i. Narrative description of environmental activities (e.g. site inspections, sampling, maintenance) and/or activities covered by the Environmental RMP (e.g. earthwork, utility work, slab modifications or penetrations) that were completed during the reporting period;
ii. Narrative description of the environmental activities or activities covered by the Environmental RMP that are planned for implementation during the next reporting period;
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iii. Results of the physical condition inspection for accessible elements of the engineering controls, including a photo-log with representative photographs;
iv. Tabulated results of the monitoring of performance metrics;
v. An evaluation of the current condition and performance of engineering controls, including a statement that the engineering controls are or are not achieving design objectives;
vi. Identification of any tenant or ownership changes that occurred during the reporting period;
vii. Signed tenant acknowledgement and compliance statements;
viii. Copies of field inspection forms and/or maintenance logs; and
ix. Updates to the RROC as “redline” drawings as necessary.
b. Non-Routine Operations, Maintenance, and Monitoring Report / Site Inspection Reports – A report documenting the implementation of non-routine site inspections and/or maintenance and monitoring activities. Submittal of this report is required when trigger conditions identified in the Environmental RMP are met (e.g. earthquake, un -planned/emergency utility work within burdened areas, unanticipated damage to engineering controls or slab foundation). At a minimum, this report must include the following elements:
i. Identification of the conditions that triggered the non-routine report;
ii. Description of the Scope of Work implemented;
iii. Documentation of compliance with requirements of the Environmental RMP and OMM&R Plan;
iv. An evaluation of the condition and performance of engineering controls against design objectives after completion of the scope of work;
v. Identification of any outstanding environmental issues;
vi. Copies of field inspection forms and/or maintenance logs; and
vii. Updates to the RROC as “redline” drawings as necessary.
c. 5-Year Environmental Review Summary Report – A Report presenting an evaluation of the performance and adequacy of the engineering and administrative controls that have been implemented at the Site in accordance with the requirements of the OMM&R Plan and the Environmental RMP. This Report may be combined with a routine Operations, Maintenance, Monitoring, and Reporting Plan or submitted as a stand-alone document and must, at a minimum have each of the following additional elements:
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Site Cleanup Program Case No. RO0003500
GeoTracker Global ID T10000017096
i. Results of the collection of risk metrics (collection of concentration data from applicable source area, point of control, and point of exposure);
ii. An evaluation on the performance of the engineering and administrative controls;
iii. An evaluation on the adequacy of the current financial assurance mechanisms;
iv. An evaluation on if termination criteria have been met; and
v. Recommendations for modifications or termination of the administrative or engineering controls.
d. Work Plans for Tenant Improvement – A Work Plan presenting a scope of work for the implementation of tenant improvement activities identified in burdened activities in the Environmental RMP. The scope of work must demonstrate compliance with the Environmental RMP, OMM&R Plans, and the SGMP as applicable. The Work Plan must include a copy of the City of Oakland approved Building Permit Plan set.
e. Tenant Improvement Completion Report – A Report documenting the implementation of an ACDEH approved Work Plan for Tenant Improvement and demonstrating compliance with the Environmental RMP, OMM&R Plans, and the SGMP as applicable. The Report must include As - built drawings of the tenant improvements.
13. GEOTRACKER COMPLIANCE
GeoTracker Database Compliance - On-going compliance by uploading all environmental documents related to the subject site including but not limited soil , groundwater and soil vapor analytical data, monitoring well depth -to-water measu rements, and surveyed location and elevation data for sampling locations, documents and reports, maps, and boring logs to GeoTracker.
Alameda County Environmental Cleanup
Oversight Programs
(LOP and SCP)
REVISION DATE: May 19, 2020
ISSUE DATE: July 25, 2012
PREVIOUS REVISIONS: September 17, 2013, May
15, 2014, December 12, 2016, December 14, 2017
SECTION: ACDEH Procedures SUBJECT: Responsible Party(ies) Legal Requirements / Obligations
REPORT & DELIVERABLE REQUESTS
Alameda County Department of Environmental Health (ACDEH) Cleanup Oversight Programs, Local Oversight Program (LOP) and S ite Cleanup Program (SCP) require submission of all reports in electronic form to the State Water Board’s (SWB) GeoTracker website in accordance with California Code of Regulations, Title 23, Chapter 30, Division3, Article 2, Section 3892 and Chapter 16, Article 11, Division 3.
Leaking Underground Fuel Tank (LUFT) Cases
Reports and deliverable requests are pursuant to California Health and Safety Code Section 25296.10. 23 CCR Sections 2652 through 2654, and 2721 through 2728 outline the responsibilities of a responsible party (RP) in conjunction with an unauthorized release from a petroleum underground storage tank (UST) system.
Site Cleanup Program (SCP) Cases
For non-petroleum UST cases, reports and deliverables requests are pursuant to California Health and Safety Code Section 101480.
ELECTRONIC SUBMITTAL OF REPORTS
A complete report submittal includes the PDF report and all associated electronic data files, including but not limited to GEO_MAP, GEO_XY, GEO_Z, GEO_BORE, GEO_WELL, and laborator y analytical data in Electr onic Deliverable Format™ (EDF). Additional information on these requirements is available on the S tate Water Board’s website (http://www.waterboards.ca.gov/water_issues/programs/ust/electronic_submittal/ )
Do not upload draft reports to GeoTracker
Rotate each page in the PDF document in the direction that will make it easiest to read on a computer monitor.
GEOTRACKER UPLOAD CERTIFICATION
Each report submittal is to include a GeoTracker Upload Summary Table with GeoTracker valid values 1 as illustrated in the example below to facilitate ACDEH review and verify compliance with GeoTracker requirements.
GeoTracker Upload Table Example
Report Title Sample
Period
PDF
Report
GEO_
MAPS
Sample
ID
Matrix GEO
_Z
GEO
_XY
GEO_
BORE
GEO_WEL
L
EDF
2016
Subsurface
Investigation
Report
2016 S1
Effluent SO
☐ ☐ ☐ ☐
2012 Site
Assessment
Work Plan
2012
☐ ☐ ☐ ☐ ☐
2010 GW
Investigation
Report
2008 Q4
SB-10 W ☐ ☐ ☐
SB-10-6 SO
☐
☐
☐
☐
MW-1 WG
SW-1 W
1 GeoTracker Survey XYZ, Well Data, and Site Map Guidelines & Restrictions, CA State Water Resources Control Board, April 2005
Alameda County Environmental Cleanup
Oversight Programs
(LOP and SCP)
REVISION DATE: NA
ISSUE DATE: December 14, 2017
PREVIOUS REVISIONS: September 17, 2013, May
15, 2014, December 12, 2016
SECTION: ACDEH Procedures SUBJECT: Responsible Party(ies) Legal Requirements / Obligations
ACKNOWLEDGEMENT STATEMENT
All work plans, technical reports, or technical documents submitted to ACDEH must be accompanied by a cover letter from the responsible party that states, at a minimum, the following: “I have read and acknowledge the content, recommendations and/or conclusions contained in the attached document or report submitted on my behalf to the State Water Board’s GeoTracker website.” This letter must be signed by the Responsible Party, or legally authorized representative of the Responsible Party.
PROFESSIONAL CERTIFICATION & CONCLUSIONS/RECOMMENDATIONS The California Business and Professions Code (Sections 6731, 6735, and 7835) requires that work plans and technical or implementation reports containing geologic or engineering evaluations and/or judgments be performed under the direction of an appropriately licensed or certified professional and include the professional registration stamp, signature, and statement of professional certification. Additional information is available on the Board of Professional Engineers, Land Surveyors, and Geologists website at: http://www.bpelsg.ca.gov/laws/index.shtml .
UNDERGROUND STORAGE TANK CLEANUP FUND
For LUFT cases, RP’s non-compliance with these regulations may result in ineligibility to receive grant money from the state’s Underground Storage Tank Cleanup Fund (Senate Bill 2004) to reimburse the cost of cleanup. Additional information is available on the internet at: https://www.waterboards.ca.gov/water_issues/programs/ustcf/
AGENCY OVERSIGHT
Significant delays in conducting site assessment/cleanup or report submittals may result in referral of the case to the Regional Water Board or other appropriate agency, including the County District Attorney, for possible enforcement actions. California Health and Safety Code, Section 25299.76 authorizes enforcement including administrative action or monetary penalties of up to $10,000 per day for each day of violation.