Loading...
Highway 17-VTA - 2001-2002October 1, 2002 CITY of CAMPBELL Public Works Department Michael P. Evanhoe Chief Development Officer Santa Clara Valley Transportation Agency 3331 North First Street San Jose, CA 95134 Dear Mr. Evanhoe: CAMPBELL On September 6, 2002, we sent you a letter regarding VTA's proposed construction of an auxiliary lane on northbound Highway 17 between Camden Avenue and Hamilton Avenue. In this letter (attached) we outlined three areas of concern: reuse of Aerially Deposited Lead (ADL) contaminated soil; the mounding and landscaping proposed for the southbound San Tomas Expressway to northbound Highway 17 loop on- ramp; and the Categorical Exemption prepared by VTA for this project. On September 18, 2002, we met with John Ristow of your staff and consultants to the VTA in our offices to discuss our concerns. We were presented with a revised landscape and grading concept for the loop on- ramp, which we believe adequately addresses the City's concerns regarding the visual impacts of the proposed mounding. We also discussed our concerns regarding the re-use of ADL contaminated soil and the VTA's preparation of a Categorical Exemption for the project. On October 1, 2001, we received a copy of VTA's referral of this project to the Santa Clara Valley Water District and a copy of Caltrans' referral to the Regional Water Quality Control Board. We have not, however, received any information from the reviewing agencies themselves. As stated in our September 5, 2002 letter, we believe this outside agency review is necessary for the City to adequately evaluate the environmental impacts of the proposed project. Absent this information, we are not in a position to support the project as currently proposed, nor concur with the proposed Categorical Exemption within the comment period that expires on October 1, 2002. We look forward to timely receipt of the requested information. Please feel free to contact me if you have any questions. Sincerely Robert Kass Public Works Director Attachment cc: Bernard M. Strojny, City Manager Jeff Funk, VTA John Ristow, VTA Tom Fitzwater, VTA Sharon Fierro Geoff Bradley 70 North First Street Campbell, California 95008-1 4 3 6 Tee 408.866.2150 rnx 408.376.0958 ~ Teo 408.866.2790 September 6, 2002 Michael P. Evanhoe Chief Development Officer Santa Clara Valley Transportation Agency 3331 North First Street San Jose, CA 95134 CAMPBELL Re: North Bound Highway 17 Auxiliary Lane Project -Camden Avenue to Hamilton Avenue Dear Mr. Evanhoe: Thank you for the continuing opportunity to review the draft project plans for the construction of an auxiliary lane on northbound Highway 17 between Camden Avenue and Hamilton Avenue. The City of Campbell understands that the intent of the auxiliary lane as well as the addition of a sound wall along this 1.8 mile stretch is to improve operational safety on State Route 17 and provide noise abatement to Campbell residents along the freeway. However, as we have discussed with your staff, the City has concerns regarding several interrelated components of this project as described below: Aerially Deposited Lead (ADL) Contaminated Soil As part of the proposed project, existing ADL-contaminated soil along the northbound shoulder will be removed, mixed with clean soil, and placed within the eastbound Camden to northbound Highway 17 loop on-ramp. It is our understanding that this component of the project will allow VTA to avoid the cost of off-hauling the contaminated soil to a hazardous waste facility. Because VTA is pursuing a Categorical Exemption under CEQA for this project we do not have the benefit of review comments from the Department of Toxic Substances Control (DTSC), the San Francisco Bay Regional Water Quality Control Board, or the Santa Clara Valley Water District that would allow us to fully understand the potential environmental impacts of this re-use strategy. The City therefore requests that VTA provide adequate documentation from these three agencies that they have reviewed the proposed storage solution and find it acceptable from an environmental standpoint at least 10 days prior to the expiration of the review period on the proposed Categorical Exemption. Proposed Landscaping Plan The re-use of the soil will result in an approximately 13-foot high mound covering over 1.5 acres within the on-ramp loop. In order to evaluate the impacts of this project feature, we have requested additional information, including perspectives and cross sections that depict the proposed grading and landscaping in relation to the existing freeway and street elevations. 70 North First Street Campbell, California 95008-1436 Tee 408.866.2150 FnX 408.376.0958 'r~D 408.866.2790 / ` September 6, 2002 Michael Evanhoe-Page 2 The site also contains 19 large mature trees, including pines, walnuts, pepper and elms, all of which require removal by the project. While a number of the trees may warrant removal, we are concerned that some healthy mature trees are being sacrificed to accommodate the soil disposal. Efforts should be made to retain the healthy trees within the proposed landscaping scheme if feasible. Those trees that must be removed should be replaced with a minimum 3:1 tree replacement as is typically done on other VTA projects. CEQA Review As previously mentioned, VTA has prepared a Categorical Exemption for this project. Depending on the information forthcoming from VTA on the environmental issues outlined above, the City may request subsequent environmental review. Therefore, receipt of the requested information at least ten days prior to the expiration of the posting period for, the Categorical Exemption is critical so we can adequately evaluate our environmental concerns. Should you have any questions regarding the above, please feel free to contact me at (408) 866-2150. Sincerely, Robert Kass Public Works Director cc: Jeff Funk, VTA John Ristow, VTA Tom Fitzwater, VTA Sharon Fierro Geoff Bradley August 28, 2002 Mr. Peter M. Cipolla General Manager, VTA 3331 North First Street, Building B San Jose, CA 95134 Re: North Bound Highway 17 Auxiliary Lane Project -Camden Avenue to Hamilton Avenue, Campbell Dear Mr. Cipolla: Thank you for the opportunity to review the draft project plans for the construction of an auxiliary lane on northbound Highway 17 between Camden Avenue and Hamilton Avenue. The City of Campbell is confident that the addition of the auxiliary lane as well as the addition of a sound wall along this 1.8 mile stretch will improve operational safety on State Route 17 and provide noise abatement to Campbell residents along the freeway. However, the City has some serious concerns with a number of components of the proposed project. As part of the proposed project the existing soil along the northbound shoulder will be disturbed and an initial site assessment concluded that sampling/testing for aerially deposited lead (ADL) was warranted. The site assessment prepared by Geocon Consultants found that total lead concentrations ranged from 5 mg/kg to1,400 mg/kg. The threshold for lead contaminated soil is 200 mg/kg for residential uses and 750 mg/kg for industrial uses. The proposal to mix this contaminated soil with clean soil and cap it with two feet of additional soil results in a 13-foot high mound of soil at the Camden/White Oaks/Highway 17 interchange area. The City of Campbell finds this solution unacceptable for the following reasons: Unknown Health Risks -The site is located approximately 300 feet to the nearest residential use. There is potential health risk to residents that has not been evaluated. The site is within 300 feet of Los Gatos Creek, and is immediately adjacent to Kirk Ditch, a Santa Clara Valley Water District (SCVWD) facility. The soil in this area is well drained and percolates very well. A number of SCVWD percolation ponds are near by. The potential health impacts to drinking water have not been analyzed and the level of the ground water has not been identified. Potential leaching of the toxic lead material has not been evaluated. 7o North First Street ~ Campbell, California 95008-1 4 3 6 rep 408.866.2140 Fnx 408.866.8381 Too 408.866.2790 August 27, 2002 North Bound Highway 17 Auxiliary Lane Project -Camden Avenue to Hamilton Avenue, Campbell Page 2 of 2 The Regional Water Quality Control Board disagrees with Caltrans on the reuse of lead impacted soil and may not approve a storage solution that is not covered with impervious paving'. Non-Compliance with Department of Toxic Substances Control (DTSC) Variance -This material is defined as hazardous waste (total lead concentrations over 350 mg/kg) and is required to be disposed in a Class I hazardous waste facility per section 25157.8 of the California Health and Safety Code. A variance issued by the DTSC for Caltrans projects provides conditions regarding reuse and management of aerial lead impacted soil as fill material for construction and maintenance operations. The proposed lead-laced dirt pile at Camden and White Oaks is not being used for project related fill. It is simply being stored above ground. This is a clear violation of the intent of the variance that allows reuse of ADL soil as fill on projects where fill may be required as part of the project. Visual Impacts -The 13-foot high mound of toxic soil will seriously degrade the views through this area of Campbell. The soil mound will cover approximately 1.6 acres of ground and will present an obviously man-made earth feature serving no apparent purpose. Landscaping has been mentioned by VTA staff as a solution to visual impacts but will be not be able to mask this above ground storage of soil. The 65% Landscape Plan does not show this project feature. Nearby hotels and restaurants depend on freeway visibility and will not benefit from reduced freeway visibility. Any additional information the VTA may provide regarding the precise contours, spot elevations and proposed landscaping solutions would be greatly appreciated by the City. Tree Removal -The site contains 19 large mature trees, including pines, walnuts, pepper and elms, all of which require removal by the project. These trees could be retained and augmented by new plantings if the area were to remain undisturbed. While a number of the trees may warrant removal, this does not warrant the wholesale removal of all the trees. Future Traffic Improvements -The original project at this location envisioned a number of improvements to alleviate the chronic congestion at the Camden/White Oaks/Highway 17 interchange. The proposal to permanently store over 7,500 cubic meters of contaminated soil will seriously hamper any future plans to reconfigure the roadways in this area. CEQA -VTA has prepared a Categorical Exemption for the entire project. The City of Campbell believes there a number of potentially significant environmental impacts that may result from the project that have not been adequately addressed as required by CEQA. As a result, the City of Campbell believes that the project is not Categorically Exempt. The City formally requests that an Initial Study be prepared unless the project is modified to eliminate this feature. by a qualified, independent environmental consultant. Any environmental impacts should be thoroughly evaluated through a Mitigated Negative Declaration or Environmental Impact Report. ~ GeoCon Consultants, Inc. Site Investigation Report June 2002 1:\Correspondence\2002\Hwy 17 letter.doc August 27, 2002 North Bound Highway 17 Auxiliary Lane Project -Camden Avenue to Hamilton Avenue, Campbell Page 3 of 3 The City urges that VTA reconsider this course of action and that the soil be disposed of properly at a licensed hazardous waste facility. It is our understanding that this type of lead impacted soil storage with a soil cover has not been done anywhere in Santa Clara County. Campbell does not desire to become a test case for this type of facility. While we understand the off-site disposal solution has a cost associated with it, the City of Campbell is not willing to bear the cost of storing the lead contaminated soil in perpetuity. Please do not hesitate to contact me if you have any questions. Sincerely, Sharon Fierro Community Development Director cc: City Council Mike Evanhoe, VTA Jeff Funk, VTA Tom Fitzwater, VTA City Council J:\Correspondence\2002\Hwy 17 letter.doc