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:

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.

- 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.


Andrew Barnsdale
Project Manager


cc: R. Borden, ANF
H. Rastegar, Aspen

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