Removal Action Workplan, LeyVa Middle School Expansion, Evergreen Elementary School District


SCH Number
Lead Agency
Toxic Substances Control, Department of (Department of Toxic Substances Control)
Document Title
Removal Action Workplan, LeyVa Middle School Expansion, Evergreen Elementary School District
Document Type
NOE - Notice of Exemption

Document Description
The project involves approval of a Removal Action Workplan (RAW) by the Department of Toxic Substances Control (DTSC) pursuant to Health & Safety Code, chapter 6.8, submitted on September 12, 200 by Strategic Engineering & Science, Inc. The RAW, prepared in accordance with Health & Safety Code §25323.1 and §25356.1 subsec. (h), focuses on excavation and removal to mitigate soils impacted with excessive levels of chlordane and naturally occurring asbestos (NOA) at the project sire. The purpose of the project is to mitigate impacted soils that exceed the project-specific human health risk criteria to minimize human exposure to the identified chemicals of concern (COCs). The estimated volume of impacted soils is 2,507 cubic yards (including seven cubic yards of chlordane-impacted soil) or approximately 210 truckloads. The cleanup levels for these COCs are: (a) the California Human Screening Level (CHHSL) of 0.43 milligram per kilogram (mg/kg) for chlordane in residential soils; and (b) naturally occurring asbestos that is more than 25% of the samples exceeding 0.01% by weight asbestos count using the Transmission Electron Microscopy (TEM) method. Project activities will commence in late December 2008 and are expected to take approximately 14 work days (excluding Christmas Day and New Year's Day) to complete (during the school's winter break from December 20 2008 to January 4, 2009). Specific environmental safeguards and monitoring procedures that are enforceable and made a conditions of project approval to ensure that impacts to the environment will be less than significant are included in an approved Excavation Plan, Engineering Evaluation/Cost Analysis, Health and Safety Plan, Quality Assurance Project Plan, Transportation Plan, and Air Monitoring and Dust Control Plan. In addition, in the event resources of biological, cultural, or historical significance are found in the course of project actives, work will be suspended while a qualified biological, cultural, or historical resources specialist makes an assessment of the area and arrangements are made to protect or preserve any resources that are located. If human remains are discovered at the Site, no further disturbance will occur in the location where the remains are found, and the County Coroner will be notified pursuant to Health and Safety Code section 7050.5. The coroner will determine disposition within 48-hours (Public Resources Code, section 5097.98). An analysis of project activities upon existing environmental conditions indicates that implementation of environmental safeguards and monitoring procedures are enforceable and made a condition of project approval and will ensure that impacts to the environment will be less than significant. As a result, DTSC finds that the project is exempt from further environmental review under CEQA.

Contact Information
Mary Gaspari
Department of Toxic Substances Control
8800 Cal Center Drive
Sacramento, CA 95826-3000

Phone : (916) 255-6423


San Jose
Santa Clara

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Class 30, Section 15330
Reasons for Exemption
DTSC has determined that the project is a Class 30 categorical exemption project (as provided in California Code of Regulations, title 14, sections 15300.2 and 15330) and is, therefore, exempt from the provision of California Environmental Quality Act (CEQA) and Guidelines for the following reasons: 1. The project is a cleanup action to be taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste and substance. 2. The project is a removal action costing $1 million or less. 3. The project will not be located on a site which is included on any list compiled pursuant to Cal. Gove. Code §65962.5 ( 4. The project will not have significant effect on the environment due to unusual circumstances. 5. The project will not result in damage to scenic resources, including but not limited to, trees, historic building, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway. 6. The project will not cause a substantial adverse change in the significance of historical resource. 7. The project will not require onsite use of hazardous waste incinerator or thermal treatment unit. 8. The project will not require the relocation of residences or businesses. 9. The project will not involve the potential release into the air of volatile organic compounds as defined in Health and safety Code section 25123.6. 10. The cumulative impact of successive projects of the same type on the same place, over time, if there are any, will not be significant. 11. The project will be consistent with applicable State and local environmental permitting requirements including, but not limited to: offsite disposal and approved by the regulatory body with jurisdiction over the Site.
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