STATE OF CALIFORNIA, PETE WILSON, Governor

PUBLIC UTILITES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

March 17, 1998

Dean Shauers, Project Manager

Pacific Pipeline System, Inc.

12201 E. Arapahoe Road, C10

Englewood, CO 80112

RE: Variance Request #55 - Relocation of the project pipeline from station numbers 6160+41 to 6199+43 (a distance of 3,902 feet)(Segment 5).

Dear Mr. Shauers:

We have reviewed the above-referenced variance request and approve your request, based on the following factor:

• The proposed realignment has been requested by Union Pacific Railroad (UPRR) to accommodate rail bed changes required by the approved Alameda Corridor Project alignment. In addition, the proposed pipeline realignment was requested by Tosco Refinery to provide a less congested location for entry of the Pacific Pipeline into their facility.

• The requested relocation would include standard pipeline trenching construction and bores under Sepulveda Boulevard and the UPRR tracks in multiple locations. The reroute would be roughly 200 feet to the east of the currently approved route and would involve moving the pipeline alignment from the west side of the railroad tracks at the Tosco Refinery to the east side, and relocation of the station into the Tosco facility.

• The proposed route was examined by a PPSI biologists (R. Tierney and D. Keefe) during separate field surveys in January and February, 1998. A small water body is located west of the railroad right-of-way just south of Sepulveda Boulevard (from approximately station numbers 6168+20 to 6170+20). The pond is approximately 60 feet wide and 200 feet long and appears to be approximately 7 feet deep at the deepest point. The pond is fed by rainwater and is not a part of a drainage system. Two clusters of willow saplings are established along the center of the pond. The northern most group contains about 8 saplings ranging in size from 3 to 4 inches diameter. The other cluster contains two saplings of the same size range. No other emergent vegetation was observed. Several dead Russian thistle were noted at the edge of the pond, as well as some unidentified non-native grass. No invertebrate aquatic life or cold-blooded vertebrate life was observed within the pond; however, a mallard duck pair were using the pond. The pond is classified as a jurisdictional wetland by the U.S. Army Corps of Engineers (USACE), California Department of Fish and Game (CDFG), and the California Regional Water Quality Control Board (CRWQCB).

Under the proposed realignment, the pipeline would traverse the pond area approximately 15 feet east of the fence line through the area. The project construction proposed for the area would include pumping the water out of the pond and discharging it into either a storm drainage or sanitary sewer system based on approval from Los Angeles County. Following discharge of the water, the trench line would be excavated for placement of the pipeline and then backfilled. The two willow saplings on the east side of the fence would need to be removed during construction; the cluster of 8 saplings on the west side of the fence would not be disturbed. On March 12, 1998, the USACE issued a determination that the proposed activity within the pond complies with the terms and conditions of nationwide permit NW12 [Federal Register, December 13, 1996, pp. 65874-65922] for discharges of dredged or fill material associated with excavation, backfill or bedding for utility lines, including outfall and intake structures, provided there is no change in preconstruction contours. Ms. McNair, CDFG, verbally notified PPSI on March 11, 1998 that no additional CDFG permits will be required; however, the permit conditions previously on file for the project would need to be adhered to. Finally, the CRWQCB will be amending PPSI’s 401 Certification (amendment requested February 27, 1998); however, as verbally notified by Alex Fu, CRWQCB, on March 11, 1998, the amended 401 Certification will not be required prior to the commencement of construction.

The remainder of the proposed realignment right-of-way was also surveyed for biological resources. A strip of vegetation that varies in width from approximately 8 to 15 feet runs along a fence line that separates a rail yard from a refinery/manufacturing area, for a distance of about 0.5 miles. For the first quarter of a mile the vegetation is predominantly old/dead tumbleweeds with some tule grass clumps. In the second quarter mile to the south, the tule grass dominates and with an occasional cluster/colony of prickly pear cactus. A few hedge-like shrubs/trees are also present. Limited signs of animal life were noted, including numerous dog tracks, a few sparrow-like birds, butterflies, and dragon flies. No sensitive biological resources are expected in the area. No additional biological impacts are anticipated.

• Previous literature reviews of both the approved route and proposed realignment has provided no information on any known cultural resource sites, including sites of historic value. The proposed route was examined by a PPSI archaeologist (M. Carlton) on January 30, 1998 at which time no indication of cultural remains were encountered. Considering the construction of the rail lines and the construction associated with the refineries, it is unlikely that any intact cultural resources would be present. No additional cultural resource impacts are anticipated with the measure noted below in place.

• Sampling of the pond on February 13, 1998 indicated that the pond waters exceeded two surface water criteria levels (Total Recoverable Petroleum Hydrocarbons and Biochemical Oxygen Demand). As noted above, the USACE and CRWQCB have approved project construction within the pond as proposed.

• The potential for environmental contamination along the proposed realignment is expected to be comparable to the original proposed alignment given the construction of the rail lines and the construction associated with the refineries. PPSI proposes to have full-time monitoring for contaminants in the area (see below).

• No increased impacts would result from the proposed realignment for the following issue areas: air quality, socioeconomics, geotechnical (the Inglewood-Newport fault zone lies several miles to the north), public utilities, system safety, traffic/transportation, visual resources, or minority-low income.

• The following measures shall be implemented:

- All applicable mitigation measures for the project shall be implemented at the subject location.

- Considering that the pond waters exceed two surface water criteria levels (Total Recoverable Petroleum Hydrocarbons and Biochemical Oxygen Demand), approval for the discharge of pond waters shall be granted by Los Angeles County prior to the commencement of construction within the pond, including dewatering. A copy of the approval shall be provided to the CPUC Lead Environmental Monitor.

- A Native American monitor shall be present during construction. If any signs of cultural resources are identified, work shall cease immediately, and the site shall be evaluated using the procedures in the Cultural Resources Management Plan.

- As proposed, a full-time monitor for environmental contamination shall be present during the duration of construction of the realignment.

- The following fueling kit shall be installed around each piece of equipment fueled within 0.25 miles of the subject pond. The kit shall consist of an 8 by 8-foot area of plastic sheeting placed underneath or adjacent to the vehicle and the refueling truck. A 3 by 3-foot by 6-inch deep pan shall be placed underneath the vehicle being refueled. Each refueling truck shall also be equipped with automatic shutoff nozzles to prevent spillage from overtopping. In addition, absorbent material shall be placed around the filler pipe and the fueler shall be present throughout the entire fueling operation.

- Each refueling truck shall contain a fully stocked spill containment kit which includes absorbent pads, shovels, and appropriate spill containers.

- In accordance with the March 12, 1998 nationwide permit authorization granted for by the USACE for project construction within the subject pond:

"The permittee shall submit a request to the California Regional Water Quality Control Board to amend the existing 401 Certification for the Pacific Pipeline Project by April 1, 1998. Once the 401 Certification has been amended, the permittee shall provide a copy of the amended 401 Certification to the Corps of Engineers by September 1, 1998."

- Implementation of this variance in accordance with the provisions noted above shall be verified on a random basis by a CPUC/ANF Environmental Monitor.

Sincerely,

Andrew Barnsdale

Project Manager

cc: R. Borden, ANF

H. Rastegar, Aspen

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