STATE OF CALIFORNIA

GRAY DAVIS, Governor

PUBLIC UTILITES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298

April 30, 1999

Dave Cornman
Director, Environmental Services
Kinder Morgan Energy Partners, L.P.
1100 Town and Country Road
Orange, CA 92868

RE: Variance Request # 7 & 8 - San Gabriel River Crossing.

Dear Mr. Cornman:

We have reviewed Variance Requests #7 and #8, and approve your requests, subject to the approval of Los Angeles County Flood Control District (LACFCD), Metropolitan Transportation Authority (MTA), and the California State Fire Marshal (CSFM) (see measures below), based on the following factors:

• Variance Request #7 has been submitted to allow for temporary suspension of the SFPP Carson to Norwalk Pipeline on the existing MTA bridge over the San Gabriel River, while a directional drill or conventional bore can be successfully completed.

• Variance Request #8 has been submitted to allow for 24-hour construction both Saturday and Sunday on the weekends of May 1-2 and May 8-9, 1999, in order to facilitate the completion of the ongoing bore at San Gabriel River.

• A change in construction technique at the San Gabriel River crossing (temporary suspension from MTA bridge while a directional drill or conventional bore can be completed) has been proposed so that KMEP’s desired pipeline operation start date of May 26, 1999, can be realized. As approved, the pipeline is to cross the San Gabriel River via a conventional cased bore. To date, ongoing attempts to bore beneath the river have been unsuccessful. Subsurface conditions have resulted in deviation of the casing beyond acceptable limits as it is being pushed below the river. Two attempts have been made to guide the casing in a straight alignment. During the course of both attempts, the cased bore deflected as much as three feet, changing the location of the exit point beyond acceptable tolerance levels and outside the approved right-of-way. KMEP’s bore contractor is trying a third attempt to successfully guide the casing; however, in light of the desired operation start date (May 26, 1999) and in event the third bore attempt fails, KMEP would like the option of hanging the pipe from the MTA bridge for up to a six month period while another bore or directional drill can be successfully completed. If it becomes necessary to hang the pipe on the bridge, the pipe would be placed on the downstream (south) of the bridge using structural steel braces. KMEP proposes that a pipe of 0.312-inch wall thickness be used. Valves would be located on either side of the river as originally planned. The MTA bridge is used only for train passage, and trains use this segment of track only once every 3-4 days.

• The subject river crossing is located in the Cities of Bellflower (westerly side of the river) and Cerritos (easterly side of the river). The closest residences to the area of construction (e.g., ongoing bore activities) are located in the City of Bellflower, approximately 400 feet from the site of construction. Highway 91 crosses over the San Gabriel River immediately north of the existing residences. Given the ambient background noise and the distance between the residences and construction activities, 24-hour weekend construction is not anticipated to create a significant impact.

• The San Gabriel River is concrete lined with the exception of a five mile stretch (upstream of the pipeline crossing) from Santa Fe Dam to Valley Boulevard which has cobbly soft-bottom. The area between Westminster Avenue and San Diego Freeway (downstream) supports a low density of emergent vegetation (USACE, 1991). Several linear parks are present along the channel’s right-of-way, especially in the Bellflower area and near the San Diego Freeway crossing in Carson. Animals that adapt well to urban environments could be using these parks as corridors. The mouth of the river does provide foraging areas for shorebirds, including the federally endangered California brown pelican (Pelecanus occidentalis californicus). The mouth also supports some aquatic vegetation and fish, but is expected to be highly invaded with exotic species.

• The measures noted below shall be implemented:

-    Prior to the installation of the pipeline on the MTA bridge over San Gabriel River, KMEP/SFPP shall obtain a construction permit from the LACFCD allowing for the temporary placement of the pipeline on the downstream side of the MTA bridge. A copy of the LACFCD permit for suspension of the pipeline on the subject bridge shall be provided to the CPUC Environmental Monitor prior to construction.

-    Prior to the installation of the pipeline on the MTA bridge over San Gabriel River, KMEP/SFPP shall obtain an addendum to SFPP, L.P’s lease with MTA allowing for the temporary placement of the pipeline on the downstream side of the MTA bridge. A copy of the lease addendum for suspension of the pipeline on the subject bridge shall be provided to the CPUC Environmental Monitor prior to construction.

-    Prior to the installation of the pipeline at Compton Creek, KMEP/SFPP shall obtain written approval from the CSFM that states the temporary placement of the pipeline on the MTA bridge crossing over San Gabriel River in the manner proposed (e.g., 0.312-inch wall thickness) would not jeopardize the safety of the pipeline. A copy of the CSFM letter regarding suspension of the pipeline on the subject bridge shall be provided to the CPUC Environmental Monitor prior to construction.

-    Under no circumstances shall the SFPP pipeline on the MTA bridge over San Gabriel River be allowed to carry product beyond the requested six month period (which starts on the date of this variance approval) without further written approval from CPUC.

-    Two weeks prior to removal of the pipeline from the MTA bridge over the San Gabriel River, SFPP should submit for CPUC approval a pipeline removal plan indicating the measures it will implement for safe removal and to ensure no environmental impacts.

-    KMEP/SFPP shall notify CPUC immediately of the successful completion of a subsurface crossing (bore or directional drill) at San Gabriel River. Upon completion of a successful subsurface crossing, KMEP/SFPP shall remove the pipeline from the MTA bridge within 30 days of placing the subsurface pipe into operation.

-    All applicable mitigation measures shall be implemented during construction at the San Gabriel River crossing, including noise abatement measures.

-    Prior to conducting Sunday construction at the subject site, written approvals from the Cities of Bellflower and Cerritos granting Sunday construction shall be provided to the CPUC Environmental Monitor.

-    All noise complaints received shall be filed immediately with the Cities of Bellflower and Cerritos, and CPUC Environmental Monitor. Failure to file any noise complaints shall result in the immediate cessation of construction activities at the San Gabriel River crossing.

-    During nighttime construction, all lighting shall be oriented in such a manner as to not create glare onto nearby residences and roadways.

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

Sincerely,

moises signature.gif (347 bytes)

Moises Chavez
Project Manager
cc: V. Strong, Aspen

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