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1 GARRY L. MONTANARI, State Bar No. 89790
WESLEY S. WENIG, State Bar No. 162351
2 JOHN H. MOON, State Bar No. 253811
MICHAELIS, MONTANARI & JOHNSON, P.C.
3 4333 Park Terrace Dr. #100
Westlake Village, CA 91361
4 Telephone No.: (818) 865-0444
5 Attorneys for Defendants, STEPHEN MAGEE
and SAC AERO FLYING CLUB, INC.
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO
10
11
BRYAN TRUJILLO and CINDY ) Case No.: 18CIV01901
12
TRUJILLO, ) Honorable Nancy Fineman; Dept. 4
)
13
Plaintiffs, ) REQUEST FOR JUDICIAL NOTICE
) IN SUPPORT OF DEFENDANTS'
14 vs. ) SUPPLEMENTAL BRIEF RE
) ELECTION AND BURDEN OF PROOF
15 ) ISSUES
STEPHEN MAGEE, SAC AERO FL YING ) Date: January 31, 2022
16
CLUB, INC. and DOES 1 - 50, ) Time: 2:00 p.m.
) Dept.: 4
17 Defendants. ) Complaint filed: April 17, 2018
) Trial Date: TB])
18
19 TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
2o Pursuant to sections 452 and 453 of the California Evidence Code and California Rules of
21 Court, Rules 3.1113(I) and 3.1306(c), defendants STEPHEN MAGEE and SAC AERO FL YING
22 CLUB, INC. request that the Court take judicial notice of the following documents:
23 1. The printout of attorney Tamara Gabel' s profile obtained from The State Bar of
24 California website;
25 2. Remedial Action Agreement for plaintiffs' property, signed by defendants, published
26 on the Geo Tracker website;
27 3. San Mateo County Health Groundwater Protection Program website homepage
2g printout;
-1-
REQ. FOR JUDICIAL NOTICE OF DEFENDANTS' SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF
ROOF ISSUES
1 4. Email published on GeoTracker showing plaintiffs' receipt of the remedial action
2 agreement;
3 5. Pertinent portions of the closure memorandum issued by the County of San Mateo
4 ("County") published on Geo Tracker website;
5 6. Email published on Geo Tracker showing plaintiffs' election of destroying the
6 monitoring wells;
7 7. County letter published on Geo Tracker requesting additional testing; and
8 8. Pertinent portions of the Orion Report published on GeoTracker showing no
9 detectable levels or levels under screening levels based on 2018 data.
10 The Court may take judicial notice of Exhibits 1 through 8. California Evidence Code
11 section 452 provides that the Court may take judicial notice of"[f]acts and propositions that are not
12 reasonably subject to dispute and are capable of immediate and accurate determination by res01i to
13 sources of reasonably indisputable accuracy." (Cal. Evid. Code §452(h).)
14 Plaintiffs concede they retained Tamara Gabel, an attorney, to facilitate the abatement of their
15 property. Exhibit 1 is Ms. Gabel 's profile on the State Bar website is located at the following web
16 address: https://apps.calbar.ca.gov/attorney/Licensee/Detail/136176. Judicial notice of an attorney
17 profile on State Bar website is appropriate. In re White (2004) 121 Cal.App.4th 1453, 1469, fn. 14.)
18 This document is not reasonably subject to dispute and is capable of immediate and accurate
19 determination by resort to sources of reasonably indisputable accuracy. (Cal. Evid. Code §452(h).)
20 Exhibits 2 through 8 are subject to judicial notice since they provide information published
21 on official websites. (Placerville Historic Preservation League v.Judicial Council of' California
22 (2017) 16 Cal.App.5th 187, 191, fn. 1 uudicial notice of information published on official website
23 is appropriate).) These documents are not reasonably subject to dispute and are capable of
24 immediate and accurate determination by resort to sources ofreasonably indisputable accuracy. (Cal.
25 Evid. Code §452(h).)
26 - Exhibit 2 is the remedial action agreement entered into between defendants and County,
27 which is a public record published on the Geo Tracker website, located at
28 https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_ documents/2610111832/
-2-
REQ. FOR JUDICIAL NOTICE OF DEFENDANTS' SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF
'ROOF ISSUES
1 20170222_signed%20RAA.pdf;
2 - Exhibit 3 is the San Mateo County Health Groundwater Protection Program website
3 homepage showing cooperation with other regulatory agencies, such as the Water Quality Control
4 Boards, located at https://www.smchealth.org/gpp;
5 - Exhibit 4 is an email, published on the GeoTracker website, showing plaintiffs' receipt of
6 the remedial action agreement signed by defendants, located at
7 https ://documents .geotracker. waterboards.ca.gov/regulators/deliverable_documents/49371953O1 /
8 20170224_Property%200wner%20Attorney%20email %20re%202nd%20opening%20site%20m
9 eeting%20and%20signed%20RAA.pdf;
10 - Exhibit 5 is pe1iinent portions of the closure memorandum issued by the County showing
11 analyzed data and the County's conclusion of site closure based on the determination that a
12 significant contamination release did not occur, located at
13 https ://documents.geotracker. waterboards.ca.gov /regulators/deliverable_docmnents/3 913404166/
14 20190327~CLOSURE%20MEMO_R00002261.pdf;
15 - Exhibit 6 is an email published on the Geo Tracker website showing plaintiffs' election of
16 destroying the monitoring wells on their property and allowing defendants to do so, located at
17 https ://documents.geotracker. waterboards. ca.gov/regulators/deliverable_docmnents/682 9862296/
18 20200710_Emai1%20RP_R02261.pdf.
19 - Exhibit 7 is the County letter published on Geo Tracker requesting additional testing, located
20 at https ://documents .geotracker. waterboards.ca.gov/regulators/deliverable _documents/
21 408858 l 919/20180327_SEL_R00002261.pdf.
22 - Exhibit 8 is pertinent portions of the Orion Report published on GeoTracker showing no
23 detectable levels or levels under screening levels, located at
24 https://documents.geotracker.waterboards.ca.gov/esi/uploads/geo _report/7892129719/Tl 000000
25 9968.PDF.
26 These exhibits are highly relevant to defendants' claim of plaintiffs' pretrial election since
27 they establish plaintiffs' knowledgeable and unequivocal election. They also show plaintiffs
28 obtaining an advantage over defendants since defendants agreed, at plaintiffs' request, to be
-3-
REQ. FOR JUDICIAL NOTICE OF DEFENDANTS' SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN or
ROOF ISSUES
1 designated the "responsible party," which entailed defendants paying costs related to the abatement.
2 These documents also serve as evidence that the nuisance was continuing and that the abatement of
3 plaintiffs' property was completed.
4 Accordingly, the Court is requested to take judicial notice of these exhibits.
5
6 DATED: January 7, 2022 MICHAELIS, MONTANARI & JOHNSON
By:__,,,/@~A~R*'/f#~
Sent: Friday, February 24, 2017 8:37 AM
To: Charles Ice
Subject: Re: Moss Beach Private Residence (plane crash)/lnitial Meeting with pilot's insurance
counsel and consutlant's
Good Morning Charles,
Thank you.
I called out who I understand will attend the meeting in case you had not spoken with Don
recently. Reviewing the emails you posted I see that you have been in communication with Don.
Best regards, and I look forward to seeing you this afternoon.
Tamara
Tamara Gabel, Attorney at Law
Law Offices of Tamara Gabel
Environmental Liability Management and Consulting
50 West San Fernando Street, Suite 1408
San Jose, California 95113
Telephone: 408. 279.8636
Facsimile: 408.484.6386
Email: tamara@elmconsulting.com
******************************************************************************************************
The information contained in this e-mail message is intended solely for the personal and confidential use of the
recipient(s) identified above. This message may be an attorney-client communication and/or attorney work
product, and as such is privileged and confidential. {f the reader of this message is not the intended recipient, or
an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received
this document in error, and that any review, dissemination, distribution, or copying of this message is strictly
prohibited. Ifyou have received this cornmunication in error, p lease notify us immediately by e-mail and delete
t/Je original message.
From: Charles Ice
Sent: Friday, February 24, 2017 7:43 AM
To: Tama ra Gabel
Subject: RE: Moss Beach Private Residence (plane crash)/lnitial Meeting with pilot's insurance counsel and consutlant's
Tamara,
The meeting is still on for today at 2 PM . I am not in contro l of who exactly will be attending either in person or by
phone.
I did just get the signed Remedial Action Agreement a few days ago and uploaded it along with all recent emai ls to
Geotracker.
It is attached as well.
Charles Ice, PG
Senior Management Analyst
Groundwater Protection Program Lead
San Mateo County Envirorunental Health
2000 Alameda De Las Pulgas, Suite 100
San Mateo CA 94403
(650) 399-6911
Fax(650)627-8244
www .smchealth.org/ gpp
0 -- Groundwater Protection Program - San
Mateo Health System
www.smchealth.org
The goal of t he Groundwat er Prot ect ion Program is to
protect undergrou nd wat er su pplies and surface waters, such
as the ...
From: Tamara Gabel [mailto:tamara@elmconsulting.com]
Sent: Thursday, February 23, 2017 10:51 AM
To: Charles Ice
Subject: Moss Beach Private Residence (plane crash)/lnitial Meeting with pilot's insurance counsel and consutlant's
Good Morning Charles,
I am confirming the meeting in your offices (2000 Alameda de las Pulgas, Suite 100, San
Mateo) tomorrow at 2:00 p.m., with the pilot's counsel, Don Honigman, and consultant(s), Rick
Railsback who will attend by phone, and perhaps another consultant.
Have you received the executed VCA from the pilot's association? If so, wil l you forward a copy? I
am interested in the final terms and which entity agreed to cooperate with your offices on the
remed iation.
Thank you,
Tamara
Tamara Gabel, Attorney at Law
Law Offices of Tamara Gabel
Environmental Liability Management and Consulting
50 West San Fernando Street, Suite 1408
San Jose, California 95113
2
Telephone: 408.279.8636
Facsimile: 408.484.6386
Email: tamara@elmconsulting.com
******************************************************************************************************
Th e information contained in this e-mail message is intended solely for the personal and confidential use of the
recipient(s) identified above. This message may be an attorney-client communication and/or attorney H'ork
product, and as such is privileged and co1?fidential. If the reader of this message is not the intended recipient, or
an agent resp onsible fo r delivering it to the intended recipient, y ou are hereby not(fied that y ou have received
this document in error, and that any reviei1', dissemination, distribution, or copy ing of this message is strictly
prohibited. {(y ou have received this communication in error, please notify us immediately by e-mail and delete
the original message.
3
EXHIBIT 5
SAN MATEO COUNTY GROUNDWATER PROTECTION PROGRAM
CASE CLOSURE ME M 0 RAND lJ M
TO: File
FROM: Groundwater Protection Program Staff
DATE: March 27, 2019
SUBJECT: SMCo Case #019048 I RO # 2261
TRUJILLO RESIDENCE
1065 PARK WAY
MOSS BEACH, CA 94038
APN 037-226-100
BACKGROUND HISTORY
The subject site a residence where a small aircraft came to rest after crashing on approach
to Half Moon Bay Airport on November 18, 2016 (Figure 1). The remaining aviation
gasoline onboard, and possibly motor oil, spilled onto unpaved driveway adjacent to the
house. The Sac Aero Flying Club, Inc. entered into a Remedial Action Agreement with
San Mateo County Environmental Health in February 2017.
CLOSURE RATIONALE
This case is considered a low-risk case as defined by the California Regional Water
Quality Control Board, San Francisco Bay Region's Draft FiDal Guidance "Assessment
Too) for Closure of Low-Threat Chlorinated Solvent Sites", July 31, 2009. Based on the
Draft Final Guidance, the site qualifies for closure for the following reasons.
la} Pollutant sources are identified and evaluated.
It is estimated that approximately 34 gallons of aviation gasoline were spilled to the
smfa£e at the time of the crash.
lb)The site is adequately characterized.
Several phases of soil, soil gas, groundwater, and indoor air sampling have occurred
to assess the extent and concentrations of aviation gasoline, including near-surface
soil sampling in the area of the crash site (S-I through S-13), approximately 25
confirmation soil sampling along the perimeter and base of a remedial excavation,
groundwater sampling (MW-I, MW-2, and SB-I through SB-4), soil gas sampling
(SV-1 through SV-6), and indoor air sampling (IA-1 through IA-3). A summary of
initial soil sampling and excavation activities are provided in the December 1 I , 2016
Near Surface Shallow Soil Sampling letter and the February 1, 2017 Soil Excavation
Report, respectively. Additional site characterization and indoor air sampling results
are provided in the Groundwater Sampling Report and Case Closure Request dated
June 29, 2018 and the Indoor Air Sampling Report dated February 8, 2019. Sample
locatiO'ns are shown on Figures 2 thrw,gh 7, and soil, soil gas, and groundwater
analyticaJ data are summarized in 'fables l through '8.
le) Exposure pathways, receptors, and potential risks, threats, and other
environmental concerns are identified and assessed.
A Conceptual Site Model addressing these items has been developed.
2a) Pollutant sources are remediated to the extent feasible.
In December 2016 and January 2017, a remedial excavation was perfo1med around
the crash site where the highest levels of aviation gasoline constituents were
observed, which measured approximately 280 square-feet to a depth of 4 feet below
grade (fbg). In addition, a smaller 13-square-foot area north of the residence was
excavated to a depth of approximately 2 fbg. A total of approximately 83 tons of soil
was removed.
2b) Unacceptable risks to human health, ecological health, and sensitive receptors,
considering current and future land and water uses, are mitigated.
Sensitive receptors proximal to the site were identified by a survey. Post remedial
media samj>ling indicate (i.e. soil gas, indoor air, and groundwater) indicate there are
no Wlacceptable risks to human health or the environment based for current and
future uses.
Ambient air (indoor and outdoor) has been sampled twice. The second set of samples
were collected under the most conservative conditions following a building pressure
differential study. Although benzene concentrations in indoor air slightly exceed the
Tier 1 ESL, BTEX ratio evaluation for soil gas, indoor air, and outdoor air indicates
that BTEX ratios and concentrations for indoor and outdoor air are similar; whereas,
the BTEX ratios for indoor air and soil gas are dissimilar. This line of evidence
suggests that the indoor air composition ,j g related to outdoor air sources.
2c) Unacceptable threats to groundwater and surface water resources, considering
existing and potential beneficial uses, are mitigated.
Post-remedial source area shallow groundwater samples did not contain detectable
levels of target aviation gas analytes or were below the Tier l ESL (i.e. TPHg was
present at 51 µg/L below the Tier ESL of 100 µg/L ).
3a) Groundwater plumes are deereasing.
As discussed above, the remaining plume has nearly attenuated to non-detectible
levels and the remaining detectable concentrations are below Tier 1 ESLs. The
remaining plume is expected to continue decreasing over time following secondary
source removal efforts.
3b) Cleanup standards can be met within a reasonable timeframe.
Clean-up standards (Tier 1 ESLs) have been met for residential land use. Although a
very limited soil gas plume remains adjacent to the release location, concentrations
are approaching Tier 1 ESLs and decreasing over time. Although the indoor air
quality slightly exceeds the Tier 1 ESL for benzene; it appears to be sourced from
outdoor air conditions and not vapor intrusion. Site conditions associated with the
subject release do not represent an unacceptable risk based for residential land use.
3c) Risk management measures are appropriate, documented, and do not require
future oversight.
No risk management measures are needed.
RECOMMENDATIONS
Based on the investigation, and other information which is currently and actually known
to this agency, we have determined that all appropriate response actions have been
completed, all acceptable or remedial practice were implemented, and further
investigation, remedial/removal action, or monitoring is not required at the site with
regard to a release of hazardous waste or substance from the fonner facility operations
located at the site. We have determined thait a siigni:ficant Felease 0f cei:mtamimll!ion has
not occurred! and the shaUow wateFs have oot lDeeni signifiieantlJI i~acted. San Mateo
County Groundwater Protection Program staff have determined that the water quality
objectives of the San Francisco Bay Regional Water Quality Control Board have been
satisfied.
Brian Gwinn, Haz-Mat Specialist III Date
1Z-{ l1 / t&
i:;.-,-,,.. Rqw+
Project No. 3350 December 10, 2016
Tab1e·1
Summary of Soil Sample Analytical Results
Total Petroleum Hydrocarbons (TPHs) and Toluene
1065 Park Way, Moss Beach, California
Sample Sample Sample Results (mg/Kg)
Sample Collection Depth
ID Dale (Feet) TPH·G 1 TPH-0 2 TPH·M0 3 TPH·JF 4 Toluene
S-1-0.5 12-06-2016 -0.5 16.000 490 <5.0 5 1,300 3,800
S-2-0.5 12-06-2016 -0.5 4.3 <1.0 8.4 <1.0 <0.005
S-3-0.5 12-06-2016 -0.5 350 9.5 5.9 26 20
S-4-0.5 12-06-2016 -0.5 9.3 <1.0 <5.0 <1.0 0.0078
S-5-0.5 12-06-2016 -0.5 70 1.5 <5.0 3.0 6.6
S-6-0.5 12-06-2016 -0.5 190 2.1 <5.0 6.4 25
S-7-0.5 12-06-2016 -0.5 17 <1.0 . <5.0 <1.0 0.059
S-8-0.5 12-06-2016 -0.5 5.6 3.1 <5.0 2.5 5.0
S-9-0.5 12-06-2016 -0.5 1.1 <1.0 <5.0 <1.0 0.0064
S-10-0.5 12-06-2016 -0.5 8.1 77 35 60 0.02
S-11-0.5 12-06-2016 -0.5 47,000 16 <5.0 57 530
S-12-0.5 12-06-2016 -0.5 11 19 12 15 0.058
S-13-0.5 12-06-2016 -0.5 4.8 3.2 <5.0 3.9 0.0094
S-14-0.5 12-06-2016 -0.5 3.0 <1.0 <5.0 <1.0 0.0067
8-15-0.5 12-06-2016 -0.5 2.9 <1.0 <5.0 <1.0 0.032
8-16-0.5 12-06-2016 -0.5 6.0 <1.0 6.8 <1.0 0.13
8-17-0.5 12-06-2016 -0.5 <1.0 1.3 17 <1.0 <0.005
S-18-0.5 12-06-2016 -0.5 1.0 <1.0 5.1 <1.0 <0.005
8-19-0.5 12-06-2016 -0.5 <1.0 <1.0 <5.0 <1.0 <0.005
8-20-0.5 12-06-2016 -0.5 <1.0 120 1,400 <50 <0.005
I ESL-R6 I 100 I 230 I 5,100 I 230 7 I 2.9 I
Numeric Notes:
Sample result at or above the ESL is bold. See lab report for specific analytical qualifiers and dilution factors
(elevated reporting limits are typically due to high dilutionfactors). Not all results are shown here on this
table; two other VOCs (4-isopropyl toluene and chloroform) were variously detected in samples S-4, S-7, S-
10 and S-12; typically at low trace concentrations just slightly above the reporting limits (see lab report).
Numeric Notes:
1. TPH-G: Total Petroleum Hydrocarbons as Gasoline (gasoline range).
2. TPH-D: Total Petroleum Hydrocarbons as Diesel {diesel range).
3. TPH-MO: Total Petroleum Hydrocarbons as Motor 011 (motor oil range).
4. TPH-JF: Total Petroleum Hydrocarbons as Jet Fuel Oet fuel oil range).
5. <: less than the reporting limit followed by the reporting limit (not detected at or above the laboratory
reporting limit).
6. ESL-RI: Environmental Screening Level (ESL), Residential Land Use (R). From California Regional Water
Quality Control Board, San Francisco Bay Region (RWQCB). February 2016. Environmental Screening
Levels (ESLs), from the internet. ·
7. There Is no specific ESL for Jet Fuel. The Diesel ESL Is used here for comparison purposes only because
both diesel and jet fuel are in the medium carbon ranges.
Site: 1065 Park Way, Moss Beach, CA Table 1, Page 1 of 1
'F=r&""- l
l 'Z-t 1/l'(ji12-e..pc;v-+-
Project No. 3350 December 1O, 2016
Table j i (_ CM·t'\l·"-'etO
Summary of Soil Sample Analytical Results for Lead
1065 Park Way, Moss Beach, California
Sample Sample
Sample Sample Results for
Collection Depth
ID (Feet) Lead (mg/Kg)
Date
S-1-0.5 12-06-2016 -0.5 57
S-2-0.5 12-06-2016 -0.5 12
S-3-0.5 12-06-2016 -0.5 14
S-4-0.5 12-06-2016 -0.5 6.8
S-5-0.5 12-06-2016 -0.5 7.8
S-6-0.5 12-06-2016 -0.5 6.6
S-7-0.5 12-06-2016 -0.5 5.3
S-8-0.5 12-06-2016 -0.5 6.4
S-9-0.5 12-06-2016 -0.5 8.6
S-10-0.5 12-06-2016 -0.5 4.8
S-11-0.5 12-06-2016 -0.5 18
S-12·0.5 12-06-2016 -0.5 6.8
S-13-0.5 12-06-2016 -0.5 12
S-14-0.5 12-06-2016 -0.5 11
S-15-0.5 12-06-2016 -0.5 8.9
S-16-0.5 12-06-2016 -0.5 8.9
S-17-0.5 12-06-2016 -0.5 8.3
S-18-0.5 12-06-2016 -0.5 11
S-19-0.5 12-06-2016 -0.5 11
S-20-0.5 12-06-2016 -0.5 12
ES.L- R' 80
Background• 23.9
Backi:iround • 12.4 - 97.1
Background 3 148
Backi:iround • 54
Numeric Notes:
1. ESL-R: Environmental Screening Level (ESL), Residential Land Use (R). From California Regional
Water Quality Control Board, San Francisco Bay Region (RWQCB). February 2016. Environmental
Screening Levels (ESLs), from the Internet.
2. AVE (average) and Range of naturally occurring background soil concentrations. From Background
Concentrations of Trace and Major Elements in California Soils - Kearney Foundation Special Report
(Kearney Foundation of Soil Science, Division Of Agricultural And Natural Resources, University Of
California, March 1996).
3. 99•h percentile background soil concentration. From Inorganic Chemicals in Ground Water and Soil:
Background Concentrations at California Air Force Bases. (Air Force Center for Environmental
Excellence, Brooks City-Base, Texas, Department of Toxic Substances Control, CalEPA,
Sacramento, and San Antonio, Texas, March 2005).
4. Maximum Value based on Background Metal Concentration in Soils in Norl/1ern Santa Clara Countv.
California. (Lockheed Missiles and Space Company, Inc., May 1995).
Site: 1065 Park Way, Moss Beach, CA Table 2, Page 1 of 1
Project No. 3352 January 21, 2017
Tabl~2-
Summary of Soil Sample Analytical Results - Excavation A
Total Petroleum Hydrocarbons (TPHs) as Gasoline and Diesel, Toluene
1065 Park Way, Moss Beach, California
Sample
Sample Sample Results (mg/Kg)
Sample Sample Sample Depth
Collection
ID No.1 Type (Feet)
Date
(Apprx.) TPH-G4 TPH-D 5 Toluene
DP1-2.5 DP1 12-22-2016 BDP' 2.5 500 11 1.9 .. 58
11
DP2-2.5 DP2 12-22-2016 BDP 2.5 240 .. 1.2 " 36 "
DP3-2.5 DP3 12-22-2016 BDP 2.5 280 .. 4.6 ""' 23"
EX-A-SW-1-3 SW-1 12-28-2016 SW"' 3 47 <1.0 7.4 n
EX-A-SW-2-3 SW-2 12-28-2016 SW 3 1.5 <1.0 0.43
EX-A-SW-3-3 SW-3 12-28-2016 SW 3 12 <1.0 6.8'"
EX-A-SW-4-3 SW-4 12-28-2016 SW 3 <1.0 ,, <1.0 .. <0.005 ..
EX-A-SW-5-3 SW-5 12-28-2016 SW 3 1,300" 2.3" 120.,.,
EX-A-SW-1-3 SW-6 12-29-2016 SW 3 <1.0 <1.0 <0.005
EX-A-SW-2-3 SW-7 12-29-2016 SW 3 <1.0 ·<1.0 <0.005
EX-A-SW-3-3 SW-8 12-29-2016 SW 3 <1.0 <1.0 <0.005
EX-A-SW-4-3 SW-9 12-29-2016 SW 3 <1.0 1.7 <0.005
EX-A-SW-1-3 SW-10 12-30-2016 SW 3 <1.0 <1.0 <0.005
EX-A-SW-2-3 SW-11 12-30-2016 SW 3 <1.0 <1.0 0.015
EX-A-SW-3-3 SW-12 12-30-2016 SW 3 <1.0 <1.0 <0.005
EX-A-SW-4-3 SW-13 12-30-2016 SW 3 <1.0 <1.0 <0.005
f}
r<
I ESL-R~ I 100 I 230 I 2.9 I .,-..
r
~
~
Soil Excavation Report, 1065 Park Way, Moss Beach, CA Table 1. Page 1 of 3
~
Project No. 3352 January 21, 2017
2-
Table /y<;ITQc;atbons as gaso~ne (TPHg).~otal petroleum llydroi;arbc<>S as diesel (TPHd), an!l ICl!al petTQie'~m hyarocarbons as me>!e>rc~ (T_PHTl'ICI} aria~ by EPA Melhcd 80158; "'P'l~ in milligrams per l:ilcgram (rrglkgj.
f,:1)
~c)
SBnZen<0, ttiJucne, cUiylbcnune. m.p->A Metnoa BZGOS: reported in mglk;g.
Environmental Screening Level (ESL) established by tile Regional Water Que lily Control Board, $an Francisco Region; replJfleo' in mg/kg.
(d)
EOSI.. c:;tab!isheCylenes and o-xyt,,.,c).
(B)
Nol detectee (ND) at the raporling limit !isled.
(f}
Lat>cra!og~phic ~atte-mwhieh does not resemble slandard.
(g)
":N
~
~
~
S:\Clients\USSIC\$7MOSS\TBL\TSL.Otl~.>ds><
512712018 Page 1 ofB ~~
<:\'
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4-"
TABLE/ 5
SOIL VAPOR ANALYTICAL RESULTS
1065PARKWAY
MOSS BEACH, CALIFORNIA
Sample
Location 101-i
SV-2
SV-3
Sample Date
Sobslab I smJ Ga5 ESL{e}
SV-1 7/11117
7111/17
7/11/17
7111/17
Sample ID
SV1-3
SV2-3
SV3-S
SV3-3DUP
3
3
3
3
TPHg"""
Sample Depthl.l>l
_,
(feetbgs) (-'J
50,000
1.100
610
18,000
17,000
Benzemi"'
(µgTm'>
4B
12
10
ND<3.2
ND<3.2
(pg/mi)
160,D00
13
10
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1 GARRY L. MONTANARI, State Bar No. 89790 WESLEY S. WENIG, State Bar No. 162351 2 JOHN H. MOON, State Bar No. 253811 MICHAELIS, MONTANARI & JOHNSON, P.C. 3 4333 Park Terrace Dr. #100 Westlake Village, CA 91361 4 Telephone No.: (818) 865-0444 5 Attorneys for Defendants, STEPHEN MAGEE and SAC AERO FLYING CLUB, INC. 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 11 BRYAN TRUJILLO and CINDY ) Case No.: 18CIV01901 12 TRUJILLO, ) Honorable Nancy Fineman; Dept. 4 ) 13 Plaintiffs, ) REQUEST FOR JUDICIAL NOTICE ) IN SUPPORT OF DEFENDANTS' 14 vs. ) SUPPLEMENTAL BRIEF RE ) ELECTION AND BURDEN OF PROOF 15 ) ISSUES STEPHEN MAGEE, SAC AERO FL YING ) Date: January 31, 2022 16 CLUB, INC. and DOES 1 - 50, ) Time: 2:00 p.m. ) Dept.: 4 17 Defendants. ) Complaint filed: April 17, 2018 ) Trial Date: TB]) 18 19 TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 2o Pursuant to sections 452 and 453 of the California Evidence Code and California Rules of 21 Court, Rules 3.1113(I) and 3.1306(c), defendants STEPHEN MAGEE and SAC AERO FL YING 22 CLUB, INC. request that the Court take judicial notice of the following documents: 23 1. The printout of attorney Tamara Gabel' s profile obtained from The State Bar of 24 California website; 25 2. Remedial Action Agreement for plaintiffs' property, signed by defendants, published 26 on the Geo Tracker website; 27 3. San Mateo County Health Groundwater Protection Program website homepage 2g printout; -1- REQ. FOR JUDICIAL NOTICE OF DEFENDANTS' SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF ROOF ISSUES 1 4. Email published on GeoTracker showing plaintiffs' receipt of the remedial action 2 agreement; 3 5. Pertinent portions of the closure memorandum issued by the County of San Mateo 4 ("County") published on Geo Tracker website; 5 6. Email published on Geo Tracker showing plaintiffs' election of destroying the 6 monitoring wells; 7 7. County letter published on Geo Tracker requesting additional testing; and 8 8. Pertinent portions of the Orion Report published on GeoTracker showing no 9 detectable levels or levels under screening levels based on 2018 data. 10 The Court may take judicial notice of Exhibits 1 through 8. California Evidence Code 11 section 452 provides that the Court may take judicial notice of"[f]acts and propositions that are not 12 reasonably subject to dispute and are capable of immediate and accurate determination by res01i to 13 sources of reasonably indisputable accuracy." (Cal. Evid. Code §452(h).) 14 Plaintiffs concede they retained Tamara Gabel, an attorney, to facilitate the abatement of their 15 property. Exhibit 1 is Ms. Gabel 's profile on the State Bar website is located at the following web 16 address: https://apps.calbar.ca.gov/attorney/Licensee/Detail/136176. Judicial notice of an attorney 17 profile on State Bar website is appropriate. In re White (2004) 121 Cal.App.4th 1453, 1469, fn. 14.) 18 This document is not reasonably subject to dispute and is capable of immediate and accurate 19 determination by resort to sources of reasonably indisputable accuracy. (Cal. Evid. Code §452(h).) 20 Exhibits 2 through 8 are subject to judicial notice since they provide information published 21 on official websites. (Placerville Historic Preservation League v.Judicial Council of' California 22 (2017) 16 Cal.App.5th 187, 191, fn. 1 uudicial notice of information published on official website 23 is appropriate).) These documents are not reasonably subject to dispute and are capable of 24 immediate and accurate determination by resort to sources ofreasonably indisputable accuracy. (Cal. 25 Evid. Code §452(h).) 26 - Exhibit 2 is the remedial action agreement entered into between defendants and County, 27 which is a public record published on the Geo Tracker website, located at 28 https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_ documents/2610111832/ -2- REQ. FOR JUDICIAL NOTICE OF DEFENDANTS' SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN OF 'ROOF ISSUES 1 20170222_signed%20RAA.pdf; 2 - Exhibit 3 is the San Mateo County Health Groundwater Protection Program website 3 homepage showing cooperation with other regulatory agencies, such as the Water Quality Control 4 Boards, located at https://www.smchealth.org/gpp; 5 - Exhibit 4 is an email, published on the GeoTracker website, showing plaintiffs' receipt of 6 the remedial action agreement signed by defendants, located at 7 https ://documents .geotracker. waterboards.ca.gov/regulators/deliverable_documents/49371953O1 / 8 20170224_Property%200wner%20Attorney%20email %20re%202nd%20opening%20site%20m 9 eeting%20and%20signed%20RAA.pdf; 10 - Exhibit 5 is pe1iinent portions of the closure memorandum issued by the County showing 11 analyzed data and the County's conclusion of site closure based on the determination that a 12 significant contamination release did not occur, located at 13 https ://documents.geotracker. waterboards.ca.gov /regulators/deliverable_docmnents/3 913404166/ 14 20190327~CLOSURE%20MEMO_R00002261.pdf; 15 - Exhibit 6 is an email published on the Geo Tracker website showing plaintiffs' election of 16 destroying the monitoring wells on their property and allowing defendants to do so, located at 17 https ://documents.geotracker. waterboards. ca.gov/regulators/deliverable_docmnents/682 9862296/ 18 20200710_Emai1%20RP_R02261.pdf. 19 - Exhibit 7 is the County letter published on Geo Tracker requesting additional testing, located 20 at https ://documents .geotracker. waterboards.ca.gov/regulators/deliverable _documents/ 21 408858 l 919/20180327_SEL_R00002261.pdf. 22 - Exhibit 8 is pertinent portions of the Orion Report published on GeoTracker showing no 23 detectable levels or levels under screening levels, located at 24 https://documents.geotracker.waterboards.ca.gov/esi/uploads/geo _report/7892129719/Tl 000000 25 9968.PDF. 26 These exhibits are highly relevant to defendants' claim of plaintiffs' pretrial election since 27 they establish plaintiffs' knowledgeable and unequivocal election. They also show plaintiffs 28 obtaining an advantage over defendants since defendants agreed, at plaintiffs' request, to be -3- REQ. FOR JUDICIAL NOTICE OF DEFENDANTS' SUPPLEMENTAL BRIEF RE ELECTION AND BURDEN or ROOF ISSUES 1 designated the "responsible party," which entailed defendants paying costs related to the abatement. 2 These documents also serve as evidence that the nuisance was continuing and that the abatement of 3 plaintiffs' property was completed. 4 Accordingly, the Court is requested to take judicial notice of these exhibits. 5 6 DATED: January 7, 2022 MICHAELIS, MONTANARI & JOHNSON By:__,,,/@~A~R*'/f#~ Sent: Friday, February 24, 2017 8:37 AM To: Charles Ice Subject: Re: Moss Beach Private Residence (plane crash)/lnitial Meeting with pilot's insurance counsel and consutlant's Good Morning Charles, Thank you. I called out who I understand will attend the meeting in case you had not spoken with Don recently. Reviewing the emails you posted I see that you have been in communication with Don. Best regards, and I look forward to seeing you this afternoon. Tamara Tamara Gabel, Attorney at Law Law Offices of Tamara Gabel Environmental Liability Management and Consulting 50 West San Fernando Street, Suite 1408 San Jose, California 95113 Telephone: 408. 279.8636 Facsimile: 408.484.6386 Email: tamara@elmconsulting.com ****************************************************************************************************** The information contained in this e-mail message is intended solely for the personal and confidential use of the recipient(s) identified above. This message may be an attorney-client communication and/or attorney work product, and as such is privileged and confidential. {f the reader of this message is not the intended recipient, or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. Ifyou have received this cornmunication in error, p lease notify us immediately by e-mail and delete t/Je original message. From: Charles Ice Sent: Friday, February 24, 2017 7:43 AM To: Tama ra Gabel Subject: RE: Moss Beach Private Residence (plane crash)/lnitial Meeting with pilot's insurance counsel and consutlant's Tamara, The meeting is still on for today at 2 PM . I am not in contro l of who exactly will be attending either in person or by phone. I did just get the signed Remedial Action Agreement a few days ago and uploaded it along with all recent emai ls to Geotracker. It is attached as well. Charles Ice, PG Senior Management Analyst Groundwater Protection Program Lead San Mateo County Envirorunental Health 2000 Alameda De Las Pulgas, Suite 100 San Mateo CA 94403 (650) 399-6911 Fax(650)627-8244 www .smchealth.org/ gpp 0 -- Groundwater Protection Program - San Mateo Health System www.smchealth.org The goal of t he Groundwat er Prot ect ion Program is to protect undergrou nd wat er su pplies and surface waters, such as the ... From: Tamara Gabel [mailto:tamara@elmconsulting.com] Sent: Thursday, February 23, 2017 10:51 AM To: Charles Ice Subject: Moss Beach Private Residence (plane crash)/lnitial Meeting with pilot's insurance counsel and consutlant's Good Morning Charles, I am confirming the meeting in your offices (2000 Alameda de las Pulgas, Suite 100, San Mateo) tomorrow at 2:00 p.m., with the pilot's counsel, Don Honigman, and consultant(s), Rick Railsback who will attend by phone, and perhaps another consultant. Have you received the executed VCA from the pilot's association? If so, wil l you forward a copy? I am interested in the final terms and which entity agreed to cooperate with your offices on the remed iation. Thank you, Tamara Tamara Gabel, Attorney at Law Law Offices of Tamara Gabel Environmental Liability Management and Consulting 50 West San Fernando Street, Suite 1408 San Jose, California 95113 2 Telephone: 408.279.8636 Facsimile: 408.484.6386 Email: tamara@elmconsulting.com ****************************************************************************************************** Th e information contained in this e-mail message is intended solely for the personal and confidential use of the recipient(s) identified above. This message may be an attorney-client communication and/or attorney H'ork product, and as such is privileged and co1?fidential. If the reader of this message is not the intended recipient, or an agent resp onsible fo r delivering it to the intended recipient, y ou are hereby not(fied that y ou have received this document in error, and that any reviei1', dissemination, distribution, or copy ing of this message is strictly prohibited. {(y ou have received this communication in error, please notify us immediately by e-mail and delete the original message. 3 EXHIBIT 5 SAN MATEO COUNTY GROUNDWATER PROTECTION PROGRAM CASE CLOSURE ME M 0 RAND lJ M TO: File FROM: Groundwater Protection Program Staff DATE: March 27, 2019 SUBJECT: SMCo Case #019048 I RO # 2261 TRUJILLO RESIDENCE 1065 PARK WAY MOSS BEACH, CA 94038 APN 037-226-100 BACKGROUND HISTORY The subject site a residence where a small aircraft came to rest after crashing on approach to Half Moon Bay Airport on November 18, 2016 (Figure 1). The remaining aviation gasoline onboard, and possibly motor oil, spilled onto unpaved driveway adjacent to the house. The Sac Aero Flying Club, Inc. entered into a Remedial Action Agreement with San Mateo County Environmental Health in February 2017. CLOSURE RATIONALE This case is considered a low-risk case as defined by the California Regional Water Quality Control Board, San Francisco Bay Region's Draft FiDal Guidance "Assessment Too) for Closure of Low-Threat Chlorinated Solvent Sites", July 31, 2009. Based on the Draft Final Guidance, the site qualifies for closure for the following reasons. la} Pollutant sources are identified and evaluated. It is estimated that approximately 34 gallons of aviation gasoline were spilled to the smfa£e at the time of the crash. lb)The site is adequately characterized. Several phases of soil, soil gas, groundwater, and indoor air sampling have occurred to assess the extent and concentrations of aviation gasoline, including near-surface soil sampling in the area of the crash site (S-I through S-13), approximately 25 confirmation soil sampling along the perimeter and base of a remedial excavation, groundwater sampling (MW-I, MW-2, and SB-I through SB-4), soil gas sampling (SV-1 through SV-6), and indoor air sampling (IA-1 through IA-3). A summary of initial soil sampling and excavation activities are provided in the December 1 I , 2016 Near Surface Shallow Soil Sampling letter and the February 1, 2017 Soil Excavation Report, respectively. Additional site characterization and indoor air sampling results are provided in the Groundwater Sampling Report and Case Closure Request dated June 29, 2018 and the Indoor Air Sampling Report dated February 8, 2019. Sample locatiO'ns are shown on Figures 2 thrw,gh 7, and soil, soil gas, and groundwater analyticaJ data are summarized in 'fables l through '8. le) Exposure pathways, receptors, and potential risks, threats, and other environmental concerns are identified and assessed. A Conceptual Site Model addressing these items has been developed. 2a) Pollutant sources are remediated to the extent feasible. In December 2016 and January 2017, a remedial excavation was perfo1med around the crash site where the highest levels of aviation gasoline constituents were observed, which measured approximately 280 square-feet to a depth of 4 feet below grade (fbg). In addition, a smaller 13-square-foot area north of the residence was excavated to a depth of approximately 2 fbg. A total of approximately 83 tons of soil was removed. 2b) Unacceptable risks to human health, ecological health, and sensitive receptors, considering current and future land and water uses, are mitigated. Sensitive receptors proximal to the site were identified by a survey. Post remedial media samj>ling indicate (i.e. soil gas, indoor air, and groundwater) indicate there are no Wlacceptable risks to human health or the environment based for current and future uses. Ambient air (indoor and outdoor) has been sampled twice. The second set of samples were collected under the most conservative conditions following a building pressure differential study. Although benzene concentrations in indoor air slightly exceed the Tier 1 ESL, BTEX ratio evaluation for soil gas, indoor air, and outdoor air indicates that BTEX ratios and concentrations for indoor and outdoor air are similar; whereas, the BTEX ratios for indoor air and soil gas are dissimilar. This line of evidence suggests that the indoor air composition ,j g related to outdoor air sources. 2c) Unacceptable threats to groundwater and surface water resources, considering existing and potential beneficial uses, are mitigated. Post-remedial source area shallow groundwater samples did not contain detectable levels of target aviation gas analytes or were below the Tier l ESL (i.e. TPHg was present at 51 µg/L below the Tier ESL of 100 µg/L ). 3a) Groundwater plumes are deereasing. As discussed above, the remaining plume has nearly attenuated to non-detectible levels and the remaining detectable concentrations are below Tier 1 ESLs. The remaining plume is expected to continue decreasing over time following secondary source removal efforts. 3b) Cleanup standards can be met within a reasonable timeframe. Clean-up standards (Tier 1 ESLs) have been met for residential land use. Although a very limited soil gas plume remains adjacent to the release location, concentrations are approaching Tier 1 ESLs and decreasing over time. Although the indoor air quality slightly exceeds the Tier 1 ESL for benzene; it appears to be sourced from outdoor air conditions and not vapor intrusion. Site conditions associated with the subject release do not represent an unacceptable risk based for residential land use. 3c) Risk management measures are appropriate, documented, and do not require future oversight. No risk management measures are needed. RECOMMENDATIONS Based on the investigation, and other information which is currently and actually known to this agency, we have determined that all appropriate response actions have been completed, all acceptable or remedial practice were implemented, and further investigation, remedial/removal action, or monitoring is not required at the site with regard to a release of hazardous waste or substance from the fonner facility operations located at the site. We have determined thait a siigni:ficant Felease 0f cei:mtamimll!ion has not occurred! and the shaUow wateFs have oot lDeeni signifiieantlJI i~acted. San Mateo County Groundwater Protection Program staff have determined that the water quality objectives of the San Francisco Bay Regional Water Quality Control Board have been satisfied. Brian Gwinn, Haz-Mat Specialist III Date 1Z-{ l1 / t& i:;.-,-,,.. Rqw+ Project No. 3350 December 10, 2016 Tab1e·1 Summary of Soil Sample Analytical Results Total Petroleum Hydrocarbons (TPHs) and Toluene 1065 Park Way, Moss Beach, California Sample Sample Sample Results (mg/Kg) Sample Collection Depth ID Dale (Feet) TPH·G 1 TPH-0 2 TPH·M0 3 TPH·JF 4 Toluene S-1-0.5 12-06-2016 -0.5 16.000 490 <5.0 5 1,300 3,800 S-2-0.5 12-06-2016 -0.5 4.3 <1.0 8.4 <1.0 <0.005 S-3-0.5 12-06-2016 -0.5 350 9.5 5.9 26 20 S-4-0.5 12-06-2016 -0.5 9.3 <1.0 <5.0 <1.0 0.0078 S-5-0.5 12-06-2016 -0.5 70 1.5 <5.0 3.0 6.6 S-6-0.5 12-06-2016 -0.5 190 2.1 <5.0 6.4 25 S-7-0.5 12-06-2016 -0.5 17 <1.0 . <5.0 <1.0 0.059 S-8-0.5 12-06-2016 -0.5 5.6 3.1 <5.0 2.5 5.0 S-9-0.5 12-06-2016 -0.5 1.1 <1.0 <5.0 <1.0 0.0064 S-10-0.5 12-06-2016 -0.5 8.1 77 35 60 0.02 S-11-0.5 12-06-2016 -0.5 47,000 16 <5.0 57 530 S-12-0.5 12-06-2016 -0.5 11 19 12 15 0.058 S-13-0.5 12-06-2016 -0.5 4.8 3.2 <5.0 3.9 0.0094 S-14-0.5 12-06-2016 -0.5 3.0 <1.0 <5.0 <1.0 0.0067 8-15-0.5 12-06-2016 -0.5 2.9 <1.0 <5.0 <1.0 0.032 8-16-0.5 12-06-2016 -0.5 6.0 <1.0 6.8 <1.0 0.13 8-17-0.5 12-06-2016 -0.5 <1.0 1.3 17 <1.0 <0.005 S-18-0.5 12-06-2016 -0.5 1.0 <1.0 5.1 <1.0 <0.005 8-19-0.5 12-06-2016 -0.5 <1.0 <1.0 <5.0 <1.0 <0.005 8-20-0.5 12-06-2016 -0.5 <1.0 120 1,400 <50 <0.005 I ESL-R6 I 100 I 230 I 5,100 I 230 7 I 2.9 I Numeric Notes: Sample result at or above the ESL is bold. See lab report for specific analytical qualifiers and dilution factors (elevated reporting limits are typically due to high dilutionfactors). Not all results are shown here on this table; two other VOCs (4-isopropyl toluene and chloroform) were variously detected in samples S-4, S-7, S- 10 and S-12; typically at low trace concentrations just slightly above the reporting limits (see lab report). Numeric Notes: 1. TPH-G: Total Petroleum Hydrocarbons as Gasoline (gasoline range). 2. TPH-D: Total Petroleum Hydrocarbons as Diesel {diesel range). 3. TPH-MO: Total Petroleum Hydrocarbons as Motor 011 (motor oil range). 4. TPH-JF: Total Petroleum Hydrocarbons as Jet Fuel Oet fuel oil range). 5. <: less than the reporting limit followed by the reporting limit (not detected at or above the laboratory reporting limit). 6. ESL-RI: Environmental Screening Level (ESL), Residential Land Use (R). From California Regional Water Quality Control Board, San Francisco Bay Region (RWQCB). February 2016. Environmental Screening Levels (ESLs), from the internet. · 7. There Is no specific ESL for Jet Fuel. The Diesel ESL Is used here for comparison purposes only because both diesel and jet fuel are in the medium carbon ranges. Site: 1065 Park Way, Moss Beach, CA Table 1, Page 1 of 1 'F=r&""- l l 'Z-t 1/l'(ji12-e..pc;v-+- Project No. 3350 December 1O, 2016 Table j i (_ CM·t'\l·"-'etO Summary of Soil Sample Analytical Results for Lead 1065 Park Way, Moss Beach, California Sample Sample Sample Sample Results for Collection Depth ID (Feet) Lead (mg/Kg) Date S-1-0.5 12-06-2016 -0.5 57 S-2-0.5 12-06-2016 -0.5 12 S-3-0.5 12-06-2016 -0.5 14 S-4-0.5 12-06-2016 -0.5 6.8 S-5-0.5 12-06-2016 -0.5 7.8 S-6-0.5 12-06-2016 -0.5 6.6 S-7-0.5 12-06-2016 -0.5 5.3 S-8-0.5 12-06-2016 -0.5 6.4 S-9-0.5 12-06-2016 -0.5 8.6 S-10-0.5 12-06-2016 -0.5 4.8 S-11-0.5 12-06-2016 -0.5 18 S-12·0.5 12-06-2016 -0.5 6.8 S-13-0.5 12-06-2016 -0.5 12 S-14-0.5 12-06-2016 -0.5 11 S-15-0.5 12-06-2016 -0.5 8.9 S-16-0.5 12-06-2016 -0.5 8.9 S-17-0.5 12-06-2016 -0.5 8.3 S-18-0.5 12-06-2016 -0.5 11 S-19-0.5 12-06-2016 -0.5 11 S-20-0.5 12-06-2016 -0.5 12 ES.L- R' 80 Background• 23.9 Backi:iround • 12.4 - 97.1 Background 3 148 Backi:iround • 54 Numeric Notes: 1. ESL-R: Environmental Screening Level (ESL), Residential Land Use (R). From California Regional Water Quality Control Board, San Francisco Bay Region (RWQCB). February 2016. Environmental Screening Levels (ESLs), from the Internet. 2. AVE (average) and Range of naturally occurring background soil concentrations. From Background Concentrations of Trace and Major Elements in California Soils - Kearney Foundation Special Report (Kearney Foundation of Soil Science, Division Of Agricultural And Natural Resources, University Of California, March 1996). 3. 99•h percentile background soil concentration. From Inorganic Chemicals in Ground Water and Soil: Background Concentrations at California Air Force Bases. (Air Force Center for Environmental Excellence, Brooks City-Base, Texas, Department of Toxic Substances Control, CalEPA, Sacramento, and San Antonio, Texas, March 2005). 4. Maximum Value based on Background Metal Concentration in Soils in Norl/1ern Santa Clara Countv. California. (Lockheed Missiles and Space Company, Inc., May 1995). Site: 1065 Park Way, Moss Beach, CA Table 2, Page 1 of 1 Project No. 3352 January 21, 2017 Tabl~2- Summary of Soil Sample Analytical Results - Excavation A Total Petroleum Hydrocarbons (TPHs) as Gasoline and Diesel, Toluene 1065 Park Way, Moss Beach, California Sample Sample Sample Results (mg/Kg) Sample Sample Sample Depth Collection ID No.1 Type (Feet) Date (Apprx.) TPH-G4 TPH-D 5 Toluene DP1-2.5 DP1 12-22-2016 BDP' 2.5 500 11 1.9 .. 58 11 DP2-2.5 DP2 12-22-2016 BDP 2.5 240 .. 1.2 " 36 " DP3-2.5 DP3 12-22-2016 BDP 2.5 280 .. 4.6 ""' 23" EX-A-SW-1-3 SW-1 12-28-2016 SW"' 3 47 <1.0 7.4 n EX-A-SW-2-3 SW-2 12-28-2016 SW 3 1.5 <1.0 0.43 EX-A-SW-3-3 SW-3 12-28-2016 SW 3 12 <1.0 6.8'" EX-A-SW-4-3 SW-4 12-28-2016 SW 3 <1.0 ,, <1.0 .. <0.005 .. EX-A-SW-5-3 SW-5 12-28-2016 SW 3 1,300" 2.3" 120.,., EX-A-SW-1-3 SW-6 12-29-2016 SW 3 <1.0 <1.0 <0.005 EX-A-SW-2-3 SW-7 12-29-2016 SW 3 <1.0 ·<1.0 <0.005 EX-A-SW-3-3 SW-8 12-29-2016 SW 3 <1.0 <1.0 <0.005 EX-A-SW-4-3 SW-9 12-29-2016 SW 3 <1.0 1.7 <0.005 EX-A-SW-1-3 SW-10 12-30-2016 SW 3 <1.0 <1.0 <0.005 EX-A-SW-2-3 SW-11 12-30-2016 SW 3 <1.0 <1.0 0.015 EX-A-SW-3-3 SW-12 12-30-2016 SW 3 <1.0 <1.0 <0.005 EX-A-SW-4-3 SW-13 12-30-2016 SW 3 <1.0 <1.0 <0.005 f} r< I ESL-R~ I 100 I 230 I 2.9 I .,-.. r ~ ~ Soil Excavation Report, 1065 Park Way, Moss Beach, CA Table 1. Page 1 of 3 ~ Project No. 3352 January 21, 2017 2- Table /y<;ITQc;atbons as gaso~ne (TPHg).~otal petroleum llydroi;arbc<>S as diesel (TPHd), an!l ICl!al petTQie'~m hyarocarbons as me>!e>rc~ (T_PHTl'ICI} aria~ by EPA Melhcd 80158; "'P'l~ in milligrams per l:ilcgram (rrglkgj. f,:1) ~c) SBnZen<0, ttiJucne, cUiylbcnune. m.p->A Metnoa BZGOS: reported in mglk;g. Environmental Screening Level (ESL) established by tile Regional Water Que lily Control Board, $an Francisco Region; replJfleo' in mg/kg. (d) EOSI.. c:;tab!isheCylenes and o-xyt,,.,c). (B) Nol detectee (ND) at the raporling limit !isled. (f} Lat>cra!og~phic ~atte-mwhieh does not resemble slandard. (g) ":N ~ ~ ~ S:\Clients\USSIC\$7MOSS\TBL\TSL.Otl~.>ds>< 512712018 Page 1 ofB ~~ <:\' _f 4-" TABLE/ 5 SOIL VAPOR ANALYTICAL RESULTS 1065PARKWAY MOSS BEACH, CALIFORNIA Sample Location 101-i SV-2 SV-3 Sample Date Sobslab I smJ Ga5 ESL{e} SV-1 7/11117 7111/17 7/11/17 7111/17 Sample ID SV1-3 SV2-3 SV3-S SV3-3DUP 3 3 3 3 TPHg""" Sample Depthl.l>l _, (feetbgs) (-'J 50,000 1.100 610 18,000 17,000 Benzemi"' (µgTm'> 4B 12 10 ND<3.2 ND<3.2 (pg/mi) 160,D00 13 10