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Waste Control Law, including Health and Safety Code section 25187, the Department is

requiring this Covenant for the Facility. The Department circulated a Preliminary Endangerment

Assessment which contained a Final Health Risk Assessment, a Corrective Measure Study,

together with a draft Notice of Exemption prepared pursuant to the California Environmental

Quality Act, Public Resources Code section 21000 et seq., for public review and comment from

October 31, 2003 to December 1, 2003. Because hazardous wastes, including lead, copper, and

arsenic remain in the soil at the Property, the Preliminary Endangerment Assessment and

Corrective Measure Study provided that a deed restriction would be required as part of the

corrective action. The Department approved the Preliminary Endangerment Assessment and

Corrective Measure Study on March 25, 2002 and April 1, 2004, respectively. The Department

approved the Notice of Exemption on September 22, 2003. The Implementation & Enforcement

Operation and Maintenance Plan was approved by the Department on April 1, 2004. A Land

Use Covenant Implementation & Enforcement Plan was prepared by the Department on July 8,

2004. A Response to Comments and Final Decision of Selected Remedy document was

prepared by the Department and was public noticed on August 19, 2004.

1.04. As detailed in the Preliminary Endangerment Assessment as approved by the

Department on March 25, 2002, a portion of the subsurface soils within two feet of the surface of

the Property contain hazardous waste and hazardous materials, which include metal

contaminants of concern. The metals and their maximum detected concentrations are: lead

(2,030 parts per million (ppm), copper (13,000 ppm), and arsenic (12 ppm), which may be

naturally occurring. Remediation required for the property included installing and maintaining a

concrete cover (“Cap”) over the Capped Property. The operation and maintenance of the Cap

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