2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
these
sites
are
unlikely
to
result
in
adverse
environmental
conditions,
such
as
contamination
or
additional
environmental
risk
at
the
Project
Site
and
there
is
no
factual
basis
to
support
the
request
for
additional
study
of
these
sites
as
part
of
this
EIR.
The
Northern
California
River
Watch
organization
filed
a
suit
against
Kinder
Morgan
on
February
21,
2012
and
submitted
a
Notice
of
Intent
to
Sue
under
RCRA
to
Kinder
Morgan
on
March
12,
2012
The
Kinder
Morgan
facility
is
not
a
part
of
the
Project
Site,
and
is
under
the
regulatory
oversight
of
the
Regional
Water
Quality
Control
Board.
The
Baylands
Draft
EIR
relied
on
the
investigative
and
remediation
reports
prepared
by
environmental
consultants
for
the
Kinder
Morgan
facility
which
were
reviewed
and
accepted
by
the
Regional
Water
Quality
Control
Board.
These
reports
state
“The
total
petroleum
hydrocarbons
groundwater
plume
extends
off
the
Kinder
Morgan
site
und
erneath
the
footprint
of
the
Brisbane
Landfill.”
This
statement
reflects
the
facts
as
evidenced
in
environmental
reports
and
groundwater
monitoring
that
Kinder
Morgan
has
impacted
groundwater
offsite.
The
Draft
EIR
also
relied
on
the
regulatory
authority
and
responsibility
of
the
RWQCB
to
enforce
the
law,
including
compelling
Kinder
Morgan
to
comply
with
applicable
law
and
regulations
for
the
protection
of
the
public
health
and
safety.
The
Draft
EIR
summarizes
information
contained
within
the
Semiannual
Groundwater
Monitoring
Report
July
1
to
December
31,
2010
prepared
for
Kinder
Morgan
by
Arcadis
(2011).
The
report
concludes
that
natural
attenuation
of
petroleum
hydrocarbon
contamination
in
groundwater
is
an
effective
remedial
strategy
for
the
Kinder
Morgan
facility.
The
sources
of
the
hydrocarbons
in
this
comment
may
be
accurate
as
are
the
documented
previous
remedial
actions
that
occurred
from
1996
to
2008.
The
RWQCB
has
regulatory
authority
for
ensuring
that
the
Kinder
Morgan
facility
complies
with
applicable
laws
and
regulations
regarding
water
quality
protection.
The
Draft
EIR
is
intended
to
address
the
environmental
changes
that
would
occur
should
proposed
development
of
the
Baylands
be
approved
under
any
of
the
four
proposed
development
scenarios.
Whether
there
is
a
threat
for
future
leaks
in
Kinder
Morgan’s
facility
will
be
considered
as
part
of
the
City’s
planning
review;
however,
such
potential
would
not
be
the
result
of
any
action
the
City
might
take
in
relation
to
proposed
development
within
the
Baylands.
Further
analysis
of
a
potential
threat
of
future
leaks
in
Kinder
Morgan’s
facility
is
therefore
not
required
for
this
Draft
EIR
since
it
would
not
constitute
a
physical
environmental
change
brought
about
by
approval
of
proposed
Baylands
development.
Brisbane
Baylands
Final
EIR
2.9.1-57
May
2015