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NEPA should be re-opened. Grading of the 241 past Oso has already begun on the east side of La Pata.

Tesoro High School is a "Sensitive Receptor", that TCA, the Ranch, and the County of Orange Ignored

Debbie Lowe Liang
Environmental Review Section
US EPA, 75 Hawthorne St (ENF-4-2)
San Francisco, CA 94105
lowe.debbie@epa.gov
415-947-4155

Dear Ms. Lowe:

Thank you for your prompt response. I feel that you are working without accurate information; and as such, I wanted to bring the following new information to your attention.

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Tesoro High School is a sensitive receptor that TCA, the Ranch, and the County of Orange Ignored when changing the alignment of the 241 Tesoro Extension South to the I-5.

Grading permits issued on 10/8/15, before the settlement agreement dated 11/2/16 should have been reviewed under NEPA. Caltrans as the lead agency for NEPA failed to issue a NEPA Scoping Notice; could that be because Bond documents show that Caltrans has a non- compete agreement with TCA?

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Where was the Capistrano Unified School District? They have a legal obligation to protect the health and safety of students and faculty?

If the TCA, the Ranch, and the County of Orange would not have agreed to substantially change the alignment of the 241 Toll Road; the property boundaries of Tesoro would not now contain a Toll Road that is within 500 feet of Tesoro High School's tennis court, which is inside CUSD's property boundary. Changing Los Patrones, a free arterial road as shown in the original EIR, to the 241 Tesoro Extension from Oso to the 5 should have triggered NEPA. The new alignment passes so closely to the west side of Tesoro's track, football and baseball fields that the noise studies that were done under the original EIR upon which these parties rely, do not include these new areas which are also environmentally protected.

The Los Patrones Parkway that is currently under construction is being built to accommodate a speed of 70 MPH with the speed limit being 65 MPH.

This alleged "Pilot program" where CEQA can replace NEPA is not working.

NEPA should be re-opened. Grading of the 241 past Oso has already begun on the east side of La Pata.







In reference to Section H:

The County allowed the alignment for the 241 extension to be "changed" from a separate road east of the arterial road "F Street/Los Patrones" to "F Street/Los Patrones"; thereby eliminating the FREE arterial road, and leaving only the 241 Toll Road. Because the road is being built to Toll Road specifications the width of the road is no longer east of Tesoro High School. Grading is now within the Tesoro High School property boundaries 500' from the High School Tennis court located within Tesoro High School's property boundary.

In reference to Section I:

The TCA then engaged in a Mobility Improvement Project which changed the road to move around environmentally sensitive areas and put the road even closer to Tesoro High School on the south end by the baseball and football fields and track . The TCA clearly states that this is a Toll Road and that Tolls will be collected on Los Patrones aka F Street. The realignment should have re-opened CEQA, and NEPA. When they made this change they failed to re-open CEQA and NEPA. They did not perform noise, environmental, biological and hazard studies even though this area contains known Pesticides and Ordnance which can be extremely harmful to students. The failure of all involved parties, including the Capistrano Unified School District to grade so close to Tesoro High School without proper protective barriers shows INTENTIONAL AND GROSS DISREGARD FOR THE HEALTH AND SAFETY OF THE STUDENTS AND FACULTY AT TESORO HIGH SCHOOL.





5.3.1.4 What Pilot program allows allows these parties to substitute CEQA for NEPA when Caltrans (lead agency for NEPA) is not a party to this settlement agreement?








The Addendum to the Final Nos 584 and 589 "The Ranch Plan "F" Street Alignment (Cow Camp Road to Oso Parkway) Permit ST140005 dated March 2015






Sensitive receptors include, but are not limited to, hospitals, schools, daycare facilities, elderly housing and convalescent facilities. These are areas where the occupants are more susceptible to the adverse effects of exposure to toxic chemicals, pesticides, and other pollutants. Extra care must be taken when dealing with contaminants and pollutants in close proximity to areas recognized as sensitive receptors.

The intentional disregard for the health and safety of the students and staff at Tesoro- especially since they know this was farm land and there are known pesticides as well as ordnance is unconscionable!

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