A letter of concurrence from DTSC dated August 4, 2025 (J09CA55804_05.08_0004_a)
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SENT VIA ELECTRONIC MAIL
August 4, 2025
Mr. Daniel L. Huff
Project Manager
U.S. Army Corps of Engineers Los Angeles District
916 Wilshire Blvd., Suite 1109
Los Angeles, CA 90017-3409
Daniel.L.Huff@usace.army.mil
RESPONSE TO USACE COMMENTS ON THE DRAFT FINAL RECORD OF
DECISION POINT VICENTE MIL RES FC SITES PROJECT 04-PT. VICENTE SOIL
CONTAMINATION, RANCHO PALOS VERDES, CALIFORNIA
Dear Mr. Daniel Huff:
The Department of Toxic Substances Control (DTSC) has completed its review of the
Draft Final Record of Decision (ROD) Point Vicente Mil Res FC Sites Project 04-PT.
Vicente Soil Contamination, Rancho Palos Verdes, California, dated May 2025. DTSC
has also completed its review of USACE’s response to comments (RTC) dated July 15,
2025.
The Formerly Used Defense Sites property known as the Point Vicente MIL RES FC
Sites includes Project 04 Pt. Vicente Soil Contamination (Site), The Site is a 26.4-acre
parcel located within the former Point Vicente Military Reservation and on the property
of the current Point Vicente Interpretive Center. The Site is in Rancho Palos Verdes,
Los Angeles County, California. The Site is on property owned by the City of Rancho
Palos Verdes. It is bordered to the south by the Point Vicente Lighthouse and Coast
Guard Reservation, to the west by sea cliffs and the Pacific Ocean, to the north by a
storm drain adjacent to a privately owned residential area, and to the east by Palos
Mr. Daniel L. Huff
August 4, 2025
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Verdes Drive West. A Coast Guard communications site, Rancho Palos Verdes City
Hall, and a shopping complex are located east of Palos Verdes Drive West.
A Draft Final ROD dated May 2025 was prepared by the U.S. Army Corps of Engineers
(USACE) and finds that No Further Action is appropriate for the site and that five-year
reviews are not required. The determination was based on site-related material,
documents contained in the Administrative Record, results of previous investigations,
regulatory correspondence, and the results of the 2024 remedial investigation (RI)
which DTSC concurred with in a letter dated April 3, 2024. According to 2024 RI, the
surface and subsurface soil does not represent a potential threat to public health,
welfare, and/or the environment under the current and reasonably anticipated future
land use.
Since lead in soil remains at levels above residential screening levels, a land use
control covenant (LUCC) executed in 2006 was established between the City of Rancho
Palos Verdes and DTSC restricting property use to recreational and other related
governmental and public use. The LUCC states that pursuant to California Civil Code
Section 1471(a)(3), DTSC has determined that the covenant is reasonably necessary to
protect current and future human health and safety of the environment because of
hazardous materials (lead) on the land as defined in California Health and Safety Code
Section 25260.
While the USACE does not agree LUCC regulation (22 CCR § 67391.1) qualifies as an
Applicable or Relevant and Appropriate Requirement (ARAR) under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), a LUCC has
already been recorded between DTSC and the City of Rancho Palos Verdes (RPV) to
protect human health and the environment. DTSC agrees to the USACE’s determination
of No Further Action (NFA) so long the existing LUCC between DTSC and RPV remains
in place to ensure protectiveness.
Since the effectiveness of the NFA remedy hinges on ensuring the remedy remains
protective, DTSC will engage with RPV to discuss conducting five-year reviews for the
site. DTSC requests the presence of USACE during initial discussions with RPV to
ensure information exchange and continuity with the project.
DTSC has reviewed the Draft Final ROD and the RTC provided by USACE and have
no further comments. Please submit a Final ROD for the administrative record and
concurrence.
Mr. Daniel L. Huff
August 4, 2025
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If you have any questions regarding this letter or other project matters, please contact
me by e-mail at christie.bautista1@dtsc.ca.gov.
Sincerely,
Christie Bautista, DPA, MPA
Unit Chief
Brownfields, Enforcement, and Military Solutions Branch
Site Mitigation and Restoration Program
cc: via e-mail
Eileen Mananian, M.S.
Branch Chief
Brownfields, Enforcement, and Military Solutions
Site Mitigation and Restoration Program
Eileen.mananian@dtsc.ca.gov