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Resolution No. 6949 . ' RESOLUTION NO. 6949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON CERTIFYING THAT THE COUNCIL HAS REVIEWED AND CONSIDERED THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT/STATEMENT FOR THE PROPOSED PACIFIC PIPELINE PROJECT AND MAKING CERTAIN FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Vernon by Resolution No. 6937 adopted April 8, 1997, declared its intention to grant a franchise to Pacific Pipeline system, Inc., a Delaware Corporation, to install, operate, and maintain a pressurized steel pipeline and appurtenances for the transportation of hydrocarbon substances in the City of Vernon; and WHEREAS, said resolution set a hearing on the franchise ordinance has been scheduled for May 6, 1997; and WHEREAS, a Final Subsequent Environmental Impact Report/Environmental Impact Statement ("SEIR/EIS") for the proposed pipeline was prepared by the California Public utilities Commission in compliance with CEQA guidelines, public hearings were conducted by the lead agency, and the SEIR/EIS was certified by the lead agency, the California Public utilities Commission, on April 10, 1996; and WHEREAS, the City of Vernon was notified of the project and was provided with an opportunity to make comments on the draft SEIR/EIS; and WHEREAS, the City of Vernon, as a Responsible Agency under CEQA, is required to consider and approve findings and a statement of overriding considerations; and WHEREAS, a separate document entitled "Findings and Statement of Overriding Considerations for the Environmental .. , .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Impact Report" (hereinafter "Findings and statement") has been prepared which contains the description of the complete project consisting of a 132 mile oil pipeline from Kern County to Los Angeles; and WHEREAS, the portion of the project within the City of Vernon consists of approximately 375 feet of twenty-inch (20") insulated pressurized steel pipeline in and under Alameda Street extending south from 25th street, including a valve structure in the median of Alameda Street protected by concrete barriers; and WHEREAS, the original application called for the valve structure to be located on the east side of Alameda Street with no concrete barriers and with the pipeline crossing two times under the east side of Alameda Street; and WHEREAS, by allowing the valve structure to be located in the median protected by barriers and installed in line with the pipeline, the City of Vernon mitigated any potential leakage or breakage from the double under-crossing of Alameda street and reduced the extent of traffic disruption from construction activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby certifies and adopts the Findings and Statement of Overriding Considerations for the Environmental Impact Report, a copy of which has been delivered to the City Council concurrently -2- .. 1 herewith, and the City Council hereby orders said Findings and 2 statement to be received and filed by the City Clerk. 3 SECTION 3: The City Clerk of the City of Vernon shall 4 certify to the passage of this resolution, and thereupon and 5 thereafter the same shall be in full force and effect. 6 APPROVED AND ADOPTED this 6th day of May, 1997. 7 8 9 10 ATTES~ /Z BRUCE V. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /~~ MALKENHORST, City Clerk · :J ~ ~ " LEONIS C. MAL G, May r . -3- . .. . J-" STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6949, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 6, 1997, and thereafter was duly signed by the Mayor of the City of Vernon. 7 8 9 ~.A 10 BRUCE V. MALKENHORST, City Clerk 11 (SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- SUPPORTING DOCUMENTS .tV G f,0...., n. j ~ W ol' NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Time: Tuesday, May 6, 1997 at 5:00 p.m. Applicant: PACIFIC PIPELINE SYSTEM, INC. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this application. The public is also invited to submit written comments regarding the request prior to the Hearing. Request: Grant a Franchise for the installation of an insulated, pressurized, 20" steel pipeline for the transmission of oil and an associated fiber optics cable in the northerly 375 feet of Alameda Street. As a responsible agency the City will also be considering the adequacy of the Final EIR/EIS in order to approve Findings and a Statement of Overiding Considerations. Pacific Pipeline, System, Inc. will pay annually a fee of $406.00 which will be escalated annually based on the Consumer Price Index. The Franchise will be for 25 years and may be extended an additional 25 years by Resolution of the City Council. File Review: The application, maps, Final EIR/EIS and supporting information are' available in the office of the City Clerk, Vernon City Hall, 4305 Santa Fe Avenue, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the granting of this Franchise or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivere to the City of Vernon at, or prior to, the meeting. /i- /M BRUCE V. MALKENHORST City Administrator/City Clerk , . ~ . DECLAItATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES MS GLORIA J OROSCO CITY OF VERNON 4305 SANTA FE AVE VERNON CA 90058 NOTICE OF PUBLIC HEARING PACIFIC PIPELINE SYSTEM, INC. HEARING/CLOSE/SALE DATE: 05/06/97 The undersigned says: I am over the age of 18 years and a citizen of the United States. I am not a party to and have no interest in this matter. I am a principal clerk of the METROPOLI- TAN NEWS-ENTERPRISE, a newspaper of general circulation in the City of Los Angeles. the Judicial Dis- trict of Los Angeles, the County of Los Angeles, and the State of California, as adjudicated in Los Angeles Supe- rior Court Case No, 601165. The notice, a printed copy of which appears hereon, was published on the following date(s): Apr 18, 1997 I declare under penalty of petjury that the foregoing is true and correct, Executed at Los Angeles, California on 04/18197. ) clJJ ~\( 1~ _ signature METROPOLITAN NEWS-ENTERPRISE 210 S. Spring St. Los Angeles, CA 90012 Phone: 213-346-0033 Fax: 213-687-3886 Cnst. Num,: 001349 Cust. Ref, Num.: Control Num.: 418129 1..11111 nl,ml ill 1I111ml III APi 2 1 1997 NonCE OF PUBLIC HEARING The City of Vernon wDI conduct a PubUc Hearing which you may attend. Place: Vernon City Hall, City Council Cham- b8f$, 4305 Santa Fe Avenue, Vernon, CA 90058 Time: Tuesday, May 6, 1007 at 5:00 P.M. Applicant: PACIFIC PIPELINE SYSTEM,INC. The purpose of 1I1e hearing is to obtain testimony lrom aIIected andotlr Interes1ed persons regarding 1his application. The public is also invited to submit written comments regarding 1I1e request prior to 1I1e Hearing. Requesl: Grant a Franchise lor 1I1e ins1allation of an insulated, pressurized, 2000 steel pipeline lor 1I1e lnnsmisslon of oil and an associated fiber optics cable in the nor1herly 375 I~ of Alameda S1reel A$ a responsible agency 1I1e City will also be considering 1I1e adequacy of 1I1e Finlll EIRA:IS in order to approve Findings and a Statement of Overiding Considntions. Pacific Pipeline, System, Inc. wiU pay annually a lee of $406.00 which will be escalated annually based on 1I1e Consumer Price Index. The Franchise will be lor 25 years and may be extended an additional 25 years by Resolution of 1I1e City Council. FOe Review: The application, maps, Final EIRA:IS and supplll1ing information are available In 1I1e office of the City Clerk, Vernon City Hall, 4305 Santa Fe Avenue, between 1I1e hours of 7:15 a.m. and 5:15 p.m. Monday 1hrough Thursday. " you challenge 1I1e granting of 1I11s Franchise or any provisions 1I1ereo1 in court, you may be Umited to raising only 1I1ose issues you or some- one else raised at the hearing described In 1his notice or in written correspondence delivered to the City of Vernon a~ or prior to, 1I1e meeting. BRUCE V. MAlKENHORST City Adminis1ratooCity Clerk CN418129 Apr 18, 1007 Page 1 of 1 , ADVERTISER PROOF MS GLORIA J OROSCO CITY OF VERNON 4305 SANTA FE AVE VERNON CA 90058 NOTICE OF PUBLIC HEARING PACIFIC PIPELINE SYSTEM, INC. HEARING/CLOSE/SALE DATE: 05/06/97 On the right is a printed copy of your LEGAL NO- TICE as it has appeared in the METROPOLITAN NEWS-ENTERPRISE, a newspaper of general circula- tion in the City of Los Angeles, the Judicial District of Los Angele$, the County of Los Angeles, and the State of California, as adjudicated in Los Angeles Superior Court Case No. 601165, The notice has been scheduled for publication on the following date(s): Apr 18, 1997 Please check carefully to verify that the text of the no- tice, the publication date(s) and the newspaper selected are correct. In case of error immediately call 213-346- 0033. Thank you for your business, METROPOLITAN NEWS-ENTERPRISE 210 S, Spring St. Los Angeles, CA 90012 Phone: 213-346-0033 Fax: 213-687-3886 Cust. Num.: 001349 Cust. Ref. Num.: Control Num.: 418129 1.111101111101111111111 NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may aIlend. Place: Vernon City Hail, City Council Cham- bers, 4305 Santa fe Avenue, Vernon, CA 00058 Time: Tuesday, May 6, 1907 al5:oo P.M. Applicant: PACIfiC PIPELINE SYSTEM,INC. The purpose of 1I1e hearing is to oblain testimony from affected andtir interested persons regarding 1I1is application. The public is also inVited to submit written cOlT1ll1ents regarding 1I1e request prior to 1I1e Hearing. Requell: Grant a franchise for 1he installation of an insulated, pressurized, 20" steel pipeline for 1I1e transmission of oil and an associated fiber optics cable in 1I1e nor1herty 375 feet of Alameda S1reet. As a responslble agency 1he City wiD also be considering 1I1e adequacy of 1he final EIMIS in order to approve findings and a S1alement of Overiding Considerations. Pacific Pipeline, System, Inc. wHI pay annually a fee of $406.00 which wHI be escalated annually based on 1I1e Consumer Price Index. The Franchise will be for 25 years and may be extended an additional 25 years by Resolution of 1he City Council. file RevIew: The application, maps, final EIMIS and supporting information are available in 1he offICe of 1I1e City Clerk, Vernon City Hall, 4305 Santa fe Avenue, between 1he hours of 7:15 am. and 5:15 p.m. Monday 1hrough Thursday. If you challenge 1he granting of 1his franchise or any proVisIons 1I1ereof in court, you may be limited to raising only 1hose Issues you or some- one else raised al1he hearing described In 1I11s notice or in written conespondence delivered to 1I1e City of Vernon at, or prior to, 1I1e meeting. BRUCE V, MALKENflORST City Administralt5City Clerk CN418129 Apr 18, 1907 Page 1 of 1 API 2 1 117 , . , CITY COUNCIL LEONIS C. MALBURG Mayor BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL DAVID B, BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETHJ. DeDARIO Director of light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Wm. "BILL" DAVIS Councilman THOMAS A. YBARRA Mayor Pro-Tern H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 April 17, 1997 BY FACSIMILE ONLY FAX No. 213 687-3886 Matt Lewis Metropolitan News Dear Mr. Lewis: In accordance with your conversation with my secretary, I am faxing a copy of a NOTICE OF PUBLIC HEARING to be published in your newspaper as soon as possible. I understand that you will call me when you receive this. Please bill the City of Vernon to my attention and send me a copy of the notice after publication. Very truly yours, CITY, OF VE~ON /'21,' ~\ fl1t~~.%/24~ ~'fa J. osco Chief Dep' y City Clerk GJO/hr Attachment * " . CITY OF VERNON PACIFIC PIPELINE SYSTEM, INC. PROPOSED PIPELINE PROJECT FINDINGS AND STATEMENT OF OVERRlDING CONSIDERA TrONS FOR THE ENVIRONMENTAL IMPACT REPORT if TABLE OF CONTENTS Page FINDINGS ................................................... 1 BACKGROUND ............................................... 1 THE PROPOSED PIPELINE PROJECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 OBJECTIVES UNDERLYING THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . 2 THE ENVIRONMENTAL REVIEW PROCESS ........................ 3 IMPACTS AND MITIGATION MEASURES ..........................5 Air Quality .............................................. 5 Biological Resources ....................................... 7 Cultural Resources ........................................ 11 Environmental Contamination ................................ 17 Hydrology .. . . . . . . . . . . . ... . . . . . . o. . . . . . . . . . . . . . . . ., . . . . . . . 19 Land Use and Public Recreation :............................. 20 Noise ................................................. 22 Paleontology ............................................ 24 Public Utilities and Energy .................................. 25 Socioeconomics and Public Services ........................... 27 System Safety and Risk of Upset ............................. 29 Transportation and Traffic .................................. 37 Visual Resources .....,................................... 40 Impacts on Minority Populations and Low-Income Populations ........ 41 ALTERNATIVES ............................................. 45 UNAVOIDABLE IMP ACTS ..................................... 45 STATEMENT OF OVERRIDING CONSIDERA TIONS .................. 45 CONCLUSION ............................................... 46 Y( ~ FINDINGS J. 1. The City Council of Vernon (the "City Council") hereby certifies that it has received, reviewed and considered the following information which constitutes the Final Environmental Impact Statement/Subsequent Environmental Impact Report (the "Final EIS/SEIR") for Pacific Pipeline System, Inc.'s ("PPSI") proposed pipeline project (the "Project"): (a) Volume I of the Final EIS/SEIR consisting of the Final EIS/EIR and revisions made based on comments and further environmental review; (b) Volume II of the Final EIS/SEIR consisting of the comments to the Final EIS/EIR' and (c) Volume III consisting of the appendices to the Final EIS/SEIR. The City Council further certifies that it considered the Project's environmental effects as set forth in the Final EIS/SEIR. 2. Having received, reviewed and considered the foregoing information, as well as all other information in the record, the City Council hereby conditions the Project and finds as follows: BACKGROUND 3. PPSI proposes to build and operate a 132-mile pipeline system transporting crude oil from Kern County to the refineries in the Los Angeles Basin. The purpose of the proposed Project is to transport crude oil produced in the Outer Continental Shelf ("OCS") offshore Santa Barbara County and in the San Joaquin Valley ("SQV") from Emidio in Kern County to existing Los Angeles area refineries. Almost all of Southern California's refining capacity is located in the Los Angeles area. Los Angeles refineries require up to approximately one mmion barrels of oil per day to meet the current demand for refined petroleum products such as gasoline, diesel and fuel oil. 4. The current major source of crude oil used by Los Angeles refiners is from the Northern Slope of Alaska (" ANS Crude"), a field that has passed its peak production and is expected to decline by 5 to 10 percent per year in the coming years. Currently, OCS and SJV production is the only domestic source to augment the decreasing supplies of ANS Crude. 5. The proposed project would respond to market forces in providing Los Angeles area refiners with crude oil to augment the decrease in supply of ANS Crude and would further both the national policy of reliance on domestic sources of energy. THE PROPOSED PIPELINE PROJECT 6. The Project under consideration will receive both the Santa Barbara offshore crude oil and the San Joaquin Valley crude oil and transport both types of crude from Kern County to Los Angles area refineries. PPSI - MITIGATION MEASURES 7. Construction of the proposed pipeline will take approximately 10 months. Five separate groups of workers and equipment will install the proposed pipeline simultaneously in different locations. The construction spreads would progress at an average rate of 0.5 to 1 mile per day in open areas and 400 to 600 feet per day in roadways and shoulders and in areas where construction will be constrained by adjacent cut banks, steep slopes, or sensitive resources. " 8. The proposed pipeline will be fully insulated; all oil heating for this Project will occur at Texaco's Emidio Station and no heaters will be required south of Emidio Station. All proposed pumps will be electrically-driven. 9. The proposed pipeline will operate from a central control facility in Los Angeles . county and will be equipped with a sophisticated communication system, including. fiber optics and a redundant satellite dish or second fiber optic system for back-up in emergencies. 10. The proposed pipeline will be equipped with remotely controlled block valves that could be shut down from the control center upon detection of any irregularities, and can be automatically shut down in case of sustained power failure. OBJECTIVES UNDERLYING THE PROJECT 11. In proposing the Project, PPS~ outlined their objects as follows: . To provide a common carrier crude oil pipeline that can transport a substantial portion of the SJV crude oil production that is currently shipped to Los Angles refiners by other modes of transportation such as train or tanker. . To transpOrt the three distinctly different types of crude oil (i.e. heavy and light SJV crude, and heavy, high sulfur OCS crude) in separate batches. If this objective is met, it is more likely that the frequency of existing unit trains and marine tankers used to transport crude oil to the Los Angeles basin could be reduced. . To provide a common carrier crude oil pipeline that could transport portions of the oil currently produced offshore Santa Barbara County (OCS crude) to refiners in the Los Angeles are, where capabilities for refining this heavy, high-sulfur oil and a significant demand for refined products exist. This purpose is based on the need for additional pipeline capacity for heated crude oil which has been. intensified by losing one of the pipelines in the same corridor due to the 1994 Northridge Earthquake. . To route, design, construct, and operate a state-of-the-art pipeline in full compliance with all local, State, and Federal rules and regulations in a manner which avoids or minimizes the impacts to environmemal resources to the 2 , PPSI - MITIGATION MEASURES ... maximum extent feasible and poses no significant risks to public health and welfare. , .. . To minimize the potential need for marine tanker, train, and truck transponation of OCS and SN crude, in accordance with many governmental agency policies that favor the pipeline transponation mode. . To offer economically feasible regulated common carrier crude oil transponation service to producers who intend to send their crude oil to refineries in Los Angeles, based on market demands and the technical capabilities of these refineries. THE ENVIRONMENTAL REVIEW PROCESS 12. On October 10, 1991, PPSI filed an application with the CPUC for a pipeline project ("0rigina1 Project"). The Original Project, as proposed at that time, was a 171-mile long, 20-inch insulated pipeline with the capacity to transpon 130,000 barrels per day ("BPD") of crude oil produced in Santa Barbara and Ventura Counties (mostly produced off-shore). 13. A Final Environmental Impact Repon ("FEIR") was completed on the Original Project and certified in September 1993 by CPUC as the Lead Agency. The FEIR indicated that, in CPUC' s view, the EIR had adequately identified the potential impacts of the Original Project. However, PPSI announced cenain changes after certification of the FEIR and no decision was made on the Original Project application by CPUC. 14. The pipeline route has been revised since it was originally proposed in 1991. In 1994, PPSI filed reyised its pipeline application to the CPUC and filed a new application to the U.S.D.A. Forest Service, Angeles National Forest, which incorporated the revised pipeline project route. 15. Because much of the pipeline route would not change, a Subsequent Environmental Impact Repon was prepared to analyze the new aspects of the project. In addition, because the new route would pass through Federal land in the Angeles National Forest (" ANF"), an Environmental Impact Statement was also required. 16. CPUC is the Lead Agency under the California Environmental Quality Act ("CEQA"). ANF is the Lead Agency under the National Environmental Policy Act ("NEPA"). 17. In accordance with the CEQA and NEP A Guidelines, a Notice of Preparation and a Notice of Intent were mailed to approximately 2,500 panies. 18. Four scoping meetings were held in June 1994, and a report was prepared to summarize issues and concerns. A public meeting was held in Palmdale, California 3 PPSI - MITIGATION MEASURES '" in November 1994. In addition, four newsletters were mailed to the project mailing list and to repository sites and a multi-language telephone hotline was established to provide recorded project information and to take requests for documents. 19. Community leaders in minority communities and low-income communities along the proposed pipeline route were informed about the Project. 20. A Notice of Release of the Draft EISISEIR was sent to 14,000 property owners along the proposed route. 21. Information workshops were held in 6 locations in May 1995 and public hearings were held in 5 locations in June 1995. 22. All relevant documents were deposited into 12 repository sites established along the proposed route. In addition, 33 libraries received copies of the Draft EISISEIR. 23. A 60-day public review period for the Draft EISISEIR ended on June 19, 1995. Comments were submitted by numerous agencies, groups, and individuals. 24. The CPUC and ANF evaluated all oral and written comments received during the noticed comment period and prepared written responses. The responses are contained in the Final EISISEIR. The Final EISISEIR was issued in January 1996. ., 25. The Final EIR/EIS 'analyzes the environmental impacts of the Project construction, operation and abandonment. It focuses on impacts to residential, commercial, recreational and industrial land uses, as well as traffic congestion and access restrictions, noise level increases, risk of oil spills and associated impacts and geological hazards. The Final EIR/EIS analyzes both Project and cumulative impacts and proposes Project-specific and cumulative mitigation measures where feasible. 26. The Draft EIR/EIS proposed numerous mitigation measures to address Project impacts in a variety of areas. As a result of the public review process and comments received on the Draft EIR/EIS, many mitigation measures were revised and several new mitigation measures were added. 27. The Lead Agency has the responsibility for considering individual and collective effects of all activities involved in the Project. The CPUC and ANF, as the lead agencies, have made such findings with respect to all significant impacts of the Project. 28. The City Council has dete'rmined that in the period of time following the approval of the Project and the making of findings by CPUC and ANF: (a) No subsequent changes have been proposed in the Project which would require important revisions of the Final EISISEIR due to the involvement of new significant environmental impacts not considered in the Final EISISEIR; 4 PPSI - MITIGATION MEASURES (b) No substantial changes have occurred with respect to the circumstances under which the Project is to be undertaken which would require important revisions in the Final EIS/SEIR due to the involvement of new significant environmental impacts not covered in the Final EIS/SEIR; and L \. (c) No new information of substantial importance to the Project has become available. Consequently, the City Council does not need to prepare an additional EIS/SEIR, but can instead rely on the Final EIS/SEIR certified by the CPUC and ANF. 29. Section 21002.1 of CEQ A requires a responsible agency to consider only the effects of the activities involved in the Project over which such agency is required by law to carry out or approve. With respect to each of these impacts, the City Council can only require the implementation of mitigation measures when it has the jurisdiction to require such mitigation. The jurisdiction to require the implementation of several mitigation measures lies with agencies other than the City Council. 30. Section 21081.6 of CEQA requires a public agency to adopt a monitoring program for the changes to the project and conditions of approval which that agency has adopted. In compliance with that requirement, the City Council hereby adopts the Monitoring Plan for this project, described in Section C.5.6 of the Final EIS/SEIR. This monitoring program has been designed to ensure compliance during project implementation by designating responsible agencies to monitor each identified impact of the project. The City Council is specifically responsible for monitoring compliance with mitigation measures adopted below with respect to each significant impact within its jurisdiction. 31. The Final EIS/SEIR also analyzes alternatives to the proposed Project. Specific alternatives analyzed include different pipeline route variations and a "no project" option. As a result of the public review process and comments received on the Draft EIS/SEIR some alternatives were revised and several new alternatives were added in the Final EIS/SEIR. 32. IMPACTS AND MITIGATION MEASURES AIR QUALITY The air basins along the Proposed Project route are currently in violation of Ozone (03) and fine particulate (PMIO) air quality .standards. The Proposed Project would generate considerable amounts of pollutant emissions from construction equipment over a period of approximately ten months. The Applicant has proposed a number of emission control measures for construction equipment to reduce emissions to the maximum feasible extent. Operational emissions in Kern County could exacerbate the existing exceedances of o~one standards, creating a significant (Class II) impact that can be mitigated by installing Best 5 . . PPSI - l\IITIGA TION l\IEASURES ... A vailable Control Technology on gas-fired heaters, encouraging ride share programs, and implementing emission offsets. Emissions would also occur at electric power generation plants to power the pipeline pumps. This impact would be less than significant (Class III) under all normal conditions. j, The Proposed Project could potentially reduce or eliminate the use of unit trains, tanker trucks, and some marine tankers in the transport of SJV and OCS crude oil to refineries in the Los Angeles area. The elimination of these existing modes of transportation would result in substantial reductions of emissions of criteria and toxic air pollutants and would be a beneficial air quality impact (Class IV). The potential emission reductions associated with the elimination of trains and trucks occurs mostly in the same area affected by the pipeline project. A-I Apply water sprays to all disturbed active construction areas a minimum of two times per day, except when SOil water content exceeds the level recommended by the soils engineer for compaction or when weather conditions warrant a reduction in water application. Additionally, adequate dust control shall be used to keep fugitive dust from being transmitted outside of the ROW or property boundaries. Increase dust control watering beyond the level proposed by the Applicant when wind speeds exceed 15 miles per hour. The amount of additional watering would depend upon soil moisture content at the time. Cease excavation and grading work when sustained wind speeds exceed 30 mph. A-2 Confine construction activities to the ROW whenever possible and minimize the disturbed area (see also Transportation, Section C.14). A-3 Any disturbed area that is not covered with a foundation or paving within 14 days after completion of disturbing activities shall be stabilized using soil coating mulch, dust palliatives, compaction, reseeding, or other approved methods. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucked soil loads shall be covered in transit. A-4* Install catalytic converters on gasoline-powered equipment (previously A-6). A-4 Use alternatively fueled vehicles (methanol, natural gas, electricity) for transporting workers to and from work sites. A:S Incorporate into the Transportation Management Plan (Mitigation Measure T-5 in Section C.14) measures that reduce pollutant emissions. For example, schedule truck t~ips outside peak traffic hours. A-7 Project truck drivers shall be instructed to not leave their engines idling for more than two minutes. Spot checks shall periodically be performed as part of the Mitigation Monitoring Program to verify success, 6 PPSI - MITIGATION MEASURES A-8 Streets shall be swept manually or with water sweepers at the end of the day if visible soil material is carried onto adjacent public paved roads. Reclaimed water shall be used with the water sweepers. (CEQA Air Quality Handbook, 1993). .. A-lO Traffic speeds on all unpaved roads shall be reduced to 15 mph or less (CEQA Air Quality Handbook, 1993). Restrict truck speeds to 5 mph or less within 100 feet of the entrance to a paved road. Based on the analysis contained in the EISISEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The South Coast Air Quality Management District has the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. BIOLOGICAL RESOURCES Approximately 30 miles of the proposed pipeline route (from Emidio to Castaic Junction) are within existing roads and road shoulders, where biological impacts would be minimal. Most of the remaining 32 miles are within or overlapping previously cleared oil pipeline and utility corridors, or in disturbed habitats adjacent to roadways. Permanent facilities would occupy approximately 5 acres of disturbed habitat. Pipeline construction would re-disturb approximately 145 acres of chaparral, coastal scrub, and grassland habitats, and roughly 5-8 acres of riparian habitat, within recently disturbed oil pipeline and utility ROWs. An additional 34 acres of previously uncleared chaparral and coastal sage scrub, and about 4-5 acres of riparian vegetation adjacent to these corridors would also be cleared for pipeline construction. Remaining areas of construction across open land, mostly grassland, amount to approximately 45 acres. Construction impacts on vegetation are generally mitigable (Class II) through avoidance of sensitive plant species' habitats and native specimen trees, topsoil salvage and replacement, site-specific erosion controls, use of appropriate seed mixes in revegetation, enforcement of monitoring and performance criteria, and coordinated mitigation efforts with other users of the same utility corridors, in addition to Applicant- proposed habitat restoration measures. These measures would also mitigate potentially significant losses of wildlife habitat. The Proposed Project would cross 58 perennial or intermittent streams of potential concern to biological resources, disturbing native vegetation and wildlife. It may have both direct and indirect impacts on aquatic habitats and biota in the drainages crossed. Throughout the route, erosion and sedimentation impacts caused by construction could have significant (Class II) impacts on sensitive aquatic resources, plants, and animals downslope from the Proposed Project route. fmpacts would be mitigable through refinement and effective implementation of the Applicant's Erosion Control, Revegetation. and the Landscaping Plan, implementation of erosion and sediment control measures at stream crossings; and construction timing so that perennial streams would be crossed during periods of minimal flow and intermittent streams would be crossed when no water is present. 7 B- V-3 PPSI - MITIGATION J\IEASURES ... Prior to construction, site-specific short- and long-term erosion control measures to be implemented along each portion of the ROW, especially in sensitive areas like West Liebre Gulch, shall be depicted on project construction plans and in PPSI's Erosion Control, Revegetation, and Landscaping Plan (LWRC, 1994a). These plans shall address all drainage crossings as well as areas of steep topography. These plans shall detail the installation of structures or materials as necessary to prevent the erosion and transport of sediment from the construction ROW into off-ROW areas. USDA Forest Service Best Management Practices shall be implemented to control erosion and protect water quality on National Forest lands. Implementation of this measure during construction shall be verified by a qualified specialist acceptable to the CPUC and the ANF, CDFG, or other jurisdiction, as applicable. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of this measure will substantially mitigate any impacts described above. The Corps of Engineers and California Department of Fish and Game have the authority to require that Pacific implement the above mitigation measure within the City of Vernon and the City Council hereby incorporates this measure into the Project. B-V-4 B-V-3* Prior to construction, PPSI's Erosion Control, Revegetation, and Landscaping Plan shall be revised to specify and plan, by milepost, the seed mixes and their collection and methods of application to be used in revegetation. Each seed mix shall consist of native species collected from natural stands of native vegetation immediately adjacent to the pipeline route. The seed must be handled and applied properly to assure germination, with appropriate follow-up care to assure re-establishment. Along roadsides, the landowner or managing agency may approve alternative mixes or impose its own requirements for revegetation. Replace any trees removed or damaged as a result of project construction and operations in accordance with local jurisdictional requirements. At a minimum, the following shall be implemented, subject to approval by the affected jurisdictions. (a) Identify on ROW maps and enumerate (in conjunction with measure B-V-2), all native specimen trees (greater than 6 inches db h) and oaks greater than 4 feet in height or larger than one inch dbh within and bordering the proposed ROW. Monitoring during and immediately after construction shall establish the extent of damage, if any, to oaks and native specimen trees. Trees severely damaged or destroyed by the project shall be replaced, within the legal SPRR ROW or at other locations accel"table to the CPUC and local jurisdictions, at a minimum ratio of 10 vigorous saplings, which have survived at least 5 years it) the ground and are capable of surviving without further maintenance, for each specimen tree removed. (b) Alternatively, transplanting may be used to mitigate potential tree losses, subject to the acceptance of the transplant location by the CPUC and local 8 PPSI - l\UTIGATION MEASURES .. B- V -4* B- V-5 B- V-6 B-V-' jurisdiction, and the sameS-year monitoring and maintenance requirements. Prior to construction, replanting sites sufficient to accommodate all foreseeable losses of trees shall be specified in the Applicant's Erosion Control, Revegetation, and Landscaping Plan. Revise and implement the Applicant's Erosion Control, Revegetation, and Landscaping Plan. The plan describes a series of erosion control measures that may be used at the discretion of the construction-phase environmental supervisors working for Pacific Pipeline. After review and approval by appropriate agencies and affected jurisdictions, and prior to construction, these measures shall be finalized on construction drawings for all portions of the Proposed Project. Field improvisations of these approved measures would not be permitted without the written approval from CPUC and the affected jurisdictions which could be provided by an authorized onsite representative of these agencies. Construction across all intermittent to perennial stream channels shall occur during seasonal periods of low flow (May to November). Prior to construction, PPSI's Erosion Control, Revegetation, and Landscaping Plan shall be revised to incorporate monitoring procedures and minimum performance criteria to be satisfied for erosion control and revegetation. Appropriate remedial measures are to be identified if performance criteria are not met. [In addition, PPSI shall post a performance security with the CPUC and ANF, the refunding of which shall be linked to the attainment of tl'lese performance criteria. The amount of the performance security shall be determined by the CPUC and ANF in consultation with affected landowners and managing agencies and will be commensurate with the estimated costs of the mitigation. ] Prior to operation of the pipeline, PPSI's Oil Spill Contingency Plan (see System Safety Mitigation Measure SS-13) shall incorporate site-specific measures to protect sensitive species and habitats from oil spill damage, to minimize damage from response and repair operations, and to restore native plant and animal communities to prespill conditions. Equipment storage areas and mobilization procedures for each portion of the pipeline shall be described. Emergency diversion and containment measures to minimize the flow of oil into colonies of sensitive plant species shall be developed to protect the Bakersfield cactus at EMP 7 and Peirson's morning-glory at EMP 52-54, and at any other locations where sensitive plant species are discovered in pre-construction surveys. Non-destructive cleanup and restoration procedures shall also be described for ,these areas. Habitat restoration procedures in all areas shall be consistent with mitigation measures B- V -1 through B- V -5. As part of PPSI's Erosion Control, Revegetation, and Landscaping and Oil Spill Contingency Plans, PPSI shall include a section describing the coordination and integration of PPSI's mitigation measures with the construction, routine maintenance, and emergency procedures of other operators sharing common 9 PPSI - MITIGATION l\IEASURES ~ B- V -9* J. corridors with PPSI. PPSI shaIl identify any circumstances where another operator's practices may constrain mitigation effectiveness, and, prior to construction, shaIl negotiate agreements regarding maintenance and emergency procedures to be implemented in these shared areas. Implement all mitigation measures applicable to construction for vegetation or ground-disturbing activities associated with pipeline inspection, maintenance, repair, or pipeline modification during operations. To the extent feasible, these measures shall also be implemented pursuant to habitat restoration in the event of an oil spill. Based upon the analysis contained in the EISISEIR, the City COlJncil finds that implementation of these measures will substantially mitigate any impacts described above. The City Council has authority to require that Pacific implement the above mitigation measures within the City of-Vernon, and the City Council hereby incorporates these measures into the Project. B-\V-ll The OSCP shaIl identify appropriately trained personnel and equipment to respond to an oil spill pursuant to 40 CFR 194, Response Plans for Onshore Pipelines. In addition, pursuant to Title 14 Subdivision 4 (Office of Oil Spill' Prevention and Response) of the California Department of Fish and Game Goverrunent Code, the OSCP shaIl discuss procedures that clearly outline how .rehabilitation of oiled wildlife will be accomplished and assure by contract, or other approved means, the equipment and personnel necessary to implement these procedures. The OSCP shaIl incorporate wildlife contingency measures into the OSCP including specifics of how to deal with oiled wildlife, both terrestrial and aquatic; a list of names and telephone numbers of persons who are expert in the rehabilitation of oiled wildlife; locations and response times of facilities and persons for responding to oiled wildlife, creating facilities if necessary; and providing for the ability to rehabilitate oiled wildlife over the long term, .if necessary. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of this measure will substantially mitigate any impacts described above. The CDFG has the authority to require that Pacific implement the above mitigation measure within the City of Vernon, and the City Council hereby incorporates this measure into the Project. B-AQ-l Envirorunental monitors acceptable to the CPUC and the ANF, CDFG, or other jurisdictions, as applicable, shall be present during all earth moving activities within streams, both .perennial and intennittent. The monitors shall make sure that the limits of. the corridor are clearly marked and that all work remains within these limits, The monitors shall also ensure that all construction equipment maintenance, including refueling and lubrication. occurs at least 0.25 mile from the nearest stream or wetland. Turbidity in flowing streams shall be monitored downstream of the crossings up to a distance of 1,000 feet or to the point where an increase can no longer be detected when compared to the 10 PPSI - MITIGATION MEASURES B-AQ-2 B-AQ-4 B-AQ-5 turbidity samples taken immediately upstream of the corridor for comparison. If J. increased turbidity extends farther downstream, the distance where turbidity is still observable shall be noted (as access pennits). When there is a measurable difference between upstream and downstream turbidity., remedial measures as appropriate, such as alteration of construction methods or installation of silt fences or straw bales, shall be implemented. These measures shall be specified in the Storm Water Pollution Prevention Plan, required by the Regional Water Quality Control Board, to be reviewed and approved prior to construction, and where applicable, any necessary U.S.. Anny Corps of Engineers Section 404 and/or CDFG Streambed Alteration Agreement requirements. Complete construction through or over all streams during the dry seasop (non11ally May through October) and prior to 1 November, including backfilling and soil stabilization. Revegetation work and emergency maintenance/repairs can occur after 1 November, as needed. Remove all temporary fords and culverts placed in drainages for construction access as soon as no longer needed for that purpose. The streambed and banks shall be restored to their previous condition (slope, substrate type, and soil compaction) during the dry season (normally May through October) and prior to 1 November unless for emergency repairs. Compaction to 95 percent of pre- project density, where feasible, is generally considered sufficient to avoid lateral erosion problems. .This measure applies to construction and to repairs within streams. Include in the Oil Spill Contingency Plan (System Safety Mitigation Measure SS-9) measures to minimize impacts on stream habitats from cleanup activities and for restoration of the bed and banks where altered by these activities. Site- specific measures shall be included to reduce impacts in sensitive habitats such as the Santa Clara River and the Los Angeles Harbor area. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Game, and/or the U.S. Fish and Wildlife Service have the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. CULTURAL RESOURCES Cultural resources include' prehistoric and historic sites, structures, regional districts, or other physical evidence associated with human activity. A total of eight prehistoric and two historic resources within the pipeline ROW could be disturbed by construction. Potentially buried sites may also be located beneath heavily vegetated areas or areas of eroded sediment (alluvium) where the prehistoric ground surface is not visible. 11 PPSI . MITIGATION MEASURES ~ The significance of the sites within the ROW has not been fully evaluated, In the absence of definitive data from excavation, impacts associated with pipeline construction are considered potentially significant but mitigable (Class II). A Cultural Resources Management Plan (CRMP) and Programmatic Agreement (PA) are being developed pursuant to Federal, State, and local guidelines which shall coordinate treatment of the unavoidably impacted resources including significance testing and data recovery, if necessary . Physical impacts on prehistoric archaeological sites are also considered an adverse effect on Native American values. These sites are sacred to these peoples. Besides the archaeological sites, grasses and herbs used by contemporary Native Americans could be disturbed by pipeline construction. These impacts on Native American values are considered significant but mitigable (Class II). C-l Prior to project construction, the Applicant shall develop a Cultural Resources Management Plan (CRMP), subject to CPUC and ANF approval, which shall address the treatment of all cultural resources and sensitive areas identified in Phase 1 investigations. This Plan shall address potential impacts on archaeological sites and historic resources (e.g., consideration of the construction, operation/maintenance, and traffic impacts on the historic Old Ridge Route). A qualified archaeologist, approved by CPUC and ANF, shall prepare the plan. Appropriate treatment of each resource including potential avoidance, significance testing, and data recovery shall be included. The CRMP shall be developed pursuant to all relevant city, county, and State cultural resource guidelines and criteria and it shall stipulate the requirements of all mitigation measures listed below. This plan shall be developed so that it can form the basis of a subsequent Programmatic Agreement (P A) pursuant to Section 106 of the National Historic Preservation Act (NHPA) and its implementing guidelines (36 CFR 800) required by Federal permit from the ANF, and any other Federal responsible agencies (e.g., U.S. Army Corps of Engineers [COED. To fulfill its responsibilities under Section 106, the ANF, in consultation with the State Historic Preservation Office (SHPO) and the Advisory Council on Historic Preservation (ACHP), has agreed to develop a PA that shall stipulate the requirements of all future archaeological and historical investigations associated with the project, including but not necessarily limited to those mitigation measures described below. The P A would be a legally binding document that commits all signatories, including the ANF, CaE, the SHPO, the ACHP, and the Applicant, to comply with its stipulations. The Applicant would. be able to receive its' needed Section 404 Permit from the COE and permits from the ANF only after the PA has been developed and signed. Affected jurisdictions and Native American groups would be consulted in the development of the PA. C-2 The Applicant, utilizing the services of a qualified archaeologist approved by CPUC and ANF, shall perform a Phase 1 archaeological survey for all areas not 12 .PPSI - MITIGATION MEASURES previously defined and not surveyed including areas to be designated on final engineering plans such as pump stations, receiving stations, staging areas, points of ingress/egress, or any locations where corridor width exceeds 50 feet. The investigatioQs shall be conducted by a qualified and approved archaeologist with experience in local archaeology pursuant to relevant Federal, State, and county standards and guidelines. The archaeologist shall be accompanied by a Native American surveyor trained in recognizing archaeological sites. If an archaeological site is found, a qualified archaeologist shall determine the depth and significance of the resource and the specific impacts of the proposed project. If the resource cannot be avoided, an archaeological testing program to determine site significance shall be conducted. If the site is significant, a mitigation plan reviewed and approved by the appropriate jurisdictions shall be carried out. C-3 Prior to commencement of grading, the Applicant shall revise the alignment to the extent feasible to avoid all archaeological sites by at least 50 feet without exacerbating other environmental impacts. Sites near the alignment shall be fenced to prevent accidental disturbance during construction. C-4* The Applicant, utilizing the services of a qualified archaeologist approved by CPUC, shall conduct, prior to final project design approval, additional subsurface Phase 1 survey supplementing Applicant-generated work pursuant to relevant coun~y cultural resource guidelines of high prehistoric sensitivity areas where original Phase 1 results were affected by poor surface visibility resulting from developed surfaces (pavement, landscaping), extensive vegetation cover, and/or potential alluviation (floodplains of streams, creeks, or rivers). The high sensitivity survey areas shall be based on the distribution of recorded archaeological sites and presence of similar topographic characteristics and shall be selected by the qualified archaeologist pursuant to relevant county cultural resource guidelines in consultation with local archaeologists, agency officials, and local Native Americans. The subsurface survey shall determine the depth of deposits to determine if the resources are avoidable by project redesign. If not feasibly avoided, a Phase 2 significance assessment of the resource shall be conducted (see Mitigation Measure C-6 below) pursuant to federal, state, and local regulations and guidelines. If significant resources are identified during the Phase 2 program, they shall be subject to Phase 3 data recovery mitigation pursuant to the CRMP and PA (see Mitigation Measure C-7 below). C-5 Monitor all construction within 200 feet of archaeological sites and sensitive areas. The monitoring shall be performed by a qualified archeologist, approved by CPUC and ANF, and a Native American observer (as proposed by the Applicant; see Section CA,2.2.3). The monitoring shall be consistent with relevant Federal, State, and local guidelines in case archaeological remains are discovered. If previously unrecorded cultural resources are discovered during any phase of construction within or outside of these areas, the monitors shall temporarily redirect construction to other areas and shall evaluate the resource's 13 I'I'SI - MITIGATION MEASURES significance, For areas within the ANF, the ANF archaeologist shall be consulted to determine appropriate methods for assessing site significance (Phase 2 program). For areas outside the ANF, the ANF archaeologist shall be contacted. If the remains are significant, Phase 3 data collection, excavations, or other standard archaeological or historic procedures shall be implemented to mitigate impacts pursuant to ANF archaeologist direction. J. C-6 Perform Phase 2 archaeological testing if Phase 1 investigations identify any archaeological site that may be affected by the project, and the resources are not feasibly avoidable. The site's significance within the area of potential impact shall be assessed prior to any final project design approval pursuant to relevant cultural resource regulations and guidelines. Basic scientific data required for an evaluation of significance shall be obtained through test excavations designed to determine: . The vertical and horizontal extent of the deposit . The structure of the deposit in terms of cultural stratigraphy, features, burials, etc . The density and diversity of artifacts and ecofacts in the deposit . The nature and extent of previous disturbance . Disturbance-related limitations of the data . Research questions that may be addressed by analysis of the site · Age of site occupation or occupations. A testing program and site evaluation shall be conducted in accordance with the applicable Federal, State, and local archaeological guidelines and shall address the questions contained in local guidelines and the SHPO checklists. All excavated non-burial related artifacts and associated documentation shall be curated at a local facility meeting local, State, and Federal requirements and guidelines. C-7 If Phase 2 investigations determine that a significant archaeological site shall be affected by the project and if avoiding or filling over the surface of the archaeological site is not possible, the Applicant shall conduct Phase 3 archaeological data recovery investigations. Phase 3 investigations shall be conducted in accordance with applicable county, State, and Federal regulations and consistent with the requirements of the CPUC and ANF. The Applicant shall facilitate coordination and compliance with the CPUC, ANF, local ~gencies, the SHPO, the Advisory Council on Historic Preservation,- and the U.S. Army Corps of Engineers. Coordination shall include review and approval of a site-specific mitigation plan by local, State, and Federal agencies before any archaeological mitigation or construction begins. 14 PI'SI . MITIGATION MEASURES A data recovery plan, including a site-specific research design, shall be developed, reviewed, and approved by relevant jurisdictions specified in the CRMP Mitigation Measure C-l. The plan shall be implemented before any archaeological work or construction work, including grading and brush removal, begins in the vicinity of the affected archaeological site. The research design shall describe the following for each affected site: . The significance of the site, as defined by historic contexts based on local research questions . Theoretical bases of the research that is planned; regional and site- specific research topics and questions to be addressed through implementation of the mitigation plan, with reference to relevant research questions . Specific types of data required to address each research topic and question; the sample size required for each type of data; methods and techniques planned to obtain data in the field . Laboratory and analytic procedures necessary to link raw data with the research questions; the logic to be used in interpreting the data . . How the data will be compared both qualitatively and quantitatively with data from previous studies addressing the same research issues. All excavated artifacts and associated documentation shall be curated at a local facility meeting local, State, and Federal requirements and guidelines. The mitigation plan shall describe a program and process for monitoring construction activities in the vicinity of known sites, if any, and for treating emergency discoveries of previously unknown cultural resources. C-8 A qualified archaeologist approved by the CPUC and ANF shall review and approve any erosion control and revegetation programs in the vicinity of a known significant site, and shall monitor implementation of these mechanisms. C-9 Conduct an educational workshop, coordinated by an archaeologist and Native American representatives, and include potential Native American monitors approved by CPUC and ANF to make construction workers aware of the prohibited activities; including vehicle use and unauthorized collecting of artifacts, thai can result in impacts on cultural resources. The workshop shall provide instruction on cultural resource identification and identify a process for contacting archaeologists and Native Americans to evaluate unknown finds pursuant to Mitigation Measure C-4, Workers shall not be allowed in the project area during off-hours, This workshop may be coordinated with other workshops or training required for construction workers, 15 PPSI . I\IITIGATION i\lEASURES C-IO An archaeologist and Native American observer, approved by CPUC and ANF shall participate in the design and review of the Oil Spill Contingency Plan (OSCP) and implementing cleanup measures as contained in Mitigation Measure SS-13, Oil Spill Contingency Plan. C-12 As proposed in the Applicant's Project Description, the Applicant, under direction by CPUC and ANF, shall incorporate appropriate Native American input and participation for all project-related activities that would disturb the surface or subsurface constituents of an archaeological site. A good-faith effort, to be evaluated by the CPUC/ ANF, shall be made to involve as many trained and interested local Native American groups and individuals in consulting on impacts and mitigations and construction monitoring as possible. Qualifications for Applicant-proposed monitors shall be as specified in written documents such as NAHC Guidelines for Monitors/Consultants (1989), and city or county agency cultural resource guidelines. Native Americans shall be consulted on any archaeological work performed. C-13 The Applicant shall provide for curation of non-burial related artifacts recovered outside the ANF at a local, qualified facility that ensures access to artifacts by Native Americans. An agreement between the Native Americans and the institutional facility shall be reviewed and approved by the CPUC, and relevant county agencies prior to construction start-up. The Applicant shall acquire rights to all artifacts recovered within the project ROW outside the ANF so that appropriate curation is assured. All artifacts recovered within the ANF shall be curated in a facility specified by the ANF. C-14 The Applicant shall implement procedures specified in CEQA Appendix K, Section VIII if human remains are discovered outside the ANF. In addition, security measures shall be implemented to ensure that burials are not vandalized until the decision of burial deposition has been made pursuant to Section 7050.5, Health and Safety Code and 5097.98 of the Public Resources Code. If burials are identified within the ANF. the statutes of N AGPRA shall apply. C-15 The Applicant shall avoid adverse impacts on oak trees and other plants of local Native American concern used for crafts, medicinal practice, and food. Impacts on other native plants of Native American concern shall be minimized by providing access to Native Americans to collect herbs prior to construction, and by relocating and revegetating grasses. Project biologists shall consult with Native Americans tO,map the locations of important vegetation prior to construction. - C-17 The Programmatic Agreement (PA) shall include a provision for a formula- based funding program based on magnitude of impact on ethnic heritage values. Under this program, the Applicant shall provide an agreed-upon level of funding before construction and shall thereafter solicit proposals from Native American 16 PPSI - MITIGATION MEASURES organizations affiliated with tribal lands impacted by the pipeline (e.g., Emigdiano and Castac Chumash, Tataviam, and Gabrielino) for educational and/or cultural enhancement programs. Proposals received shall be reviewed by the Applicant and one or more programs shall be provided with a reasonable level of support after review and approval by the CPUC and ANF. 1. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The CPUC, CaE, SHPO, and/or ACHP have the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. ENVIRONMENTAL CONTAMINATION A preliminary environmental assessment was undertaken to identify sites with known or suspected contamination that would impact construction of the Proposed Project, utilizing several databases and regulatory agency records. Contaminated sites were ranked according to high, medium, and low potential to significantly impact the project by causing hazardous waste in the ROW. Site rankings are based on proximity and physical separation from the ROW, the nature of the site contamination, physical conditions at the site, and agency priority ranking. Only five of the sites within 500 feet of the ROW were deemed significant enough to assign a ranking, two were ranked as medium impact potential sites and three were ranked as low impact potential sites. Transport of contaminants to the ROW from medium potential sites would impact worker health and safety or result in potential public exposure to hazardous materials during construction and waste handling. Therefore, medium impact potential sites are classified as significant, but mitigable (Class II) impacts. Unknown contamination resulting from unauthorized disposal, residual pesticide and herbicide levels in the soil, abandoned oil wells, undetected pipeline leaks, or other unknown sources may be encountered anywhere along the project route. The presence of unknown contamination is a Class II impact. For the new refinery connections in the Los Angeles area, 15 sites were identified that have the potential to produce contaminated soil or ground water along the Ultramar and Chemoil Refinery Connections. Six sites were ranked as having a high potential to impact the proposed alignments, three sites as having a medium potential, and six sites with low potential. Transport of contaminants to the ROW from the high or medium impact potential sites would result in a CI~ss II impact. The volume of contaminated soil encountered during construction of the Proposed Project between Emidio and Castiac Junction and any approved or pending projects that coincide with construction of the Proposed Project is expected to be very low, 17 PPSI . MITIGATION MEASURES EC-l Low potential sites require re-evaluation if construction parameters (trench location and depth) vary from typical (vertical excavation 7 feet deep, 3 feet wide, 30 feet from centerline of existing road ROW). The Applicant shall . reevaluate "low" potential sites (as labeled in Table C.5-4) to determine whether they need to be reclassified as medium or high impact potential sites. A qualified and approved environmental consultant (California registered geologist or civil engineer' experienced in environmental assessments and acceptable to CPUC and ANF) shall perform the review and evaluation, and the results shall be reviewed and approved by the appropriate County Health Department prior to construction. The land owner or responsible public agency shall be informed of the discovery of any hazardous site, and shall be consulted regarding treatment plans. A written report explaining cleanup activities shall be provided to the land owner within 30 days of completion of cleanup. J. EC-2 Thoroughly review current agency records followed by site-specific visual inspection of the ROW by a qualified and approved environmental consultant for "medium" potential sites (as labeled in Table C.5-4). Record review shall identify data confirming no off-site contamination of the ROW, adequate remediation of the ROW or agency certified closure of the site. Visual inspection of the surface and shallow subsurface (with the aid of a spade or probe) should verify no evidence of off-site discharge, surface stains or unauthorized dumping. Results of the record review or visual inspection that indicate contamination is present in the ROW shall cause medium pvtential sites to be treated as high potential. Also included as medium (and high) potential sites are four landfills near the Ultramar Refinery connection. Although actual waste is not anticipated in the construction area, landfill gas migration to the trench should be evaluated. To assess potentially hazardous levels of toxic or explosive gases (benzene, vinyl chloride, methane) emanating from adjacent 'landfills, a qualified and approved environmental consultant shall conduct a soil vapor survey along the potentially impacted segment of the alignment. Results shall be reviewed and approved by the County Health Department or California Department of Toxic Substances Control (DTSC) prior to construction. Where potentially hazardous levels of gas are identified, mitigation by gas monitoring by the consultant during construction and aeration shall be performed. The soil vapor survey is not necessary where the record review substantiates a gas free landfill perimeter adjacent to the ROW. EC-4 The Applicant shall assign trained personnel during active trenching to observe visual evidence of contamination and perform monitoring with appropriate testing equipment (photoionization or flame ionization detectors), sampling and direct laboratory testing as necessary to identify areas of previously unknown soil contamination within the excavation. These personnel should meet the Federal OSHA requirement for 40-Hour Training for Hazardous Waste 18 PPSI . MITIGATION ;\IEi\SURES Operations and Emergency Response (29CFR1910.120) and be familiar with the J. calibration and operation of the testing equipment. The monitoring personnel shall have authority to implement an approved contingency plan when hazardous materials are encountered. Contingency plans, developed and approved by County Health Department or California DTSC prior to construction, shall present specific alternatives for action to be taken in the event contaminated soils are encountered. The plan shall specify procedures for monitoring, identifying, handling and disposing of hazardous waste, including contamination from unanticipated tanks or pipelines within the excavation. The contingency plan shall include a health and safety plan prepared by a certified Industrial Hygienist speci.fying site monitoring and personal protective equipment. EC-6 Prior to trench excavation and pipeline construction, the Applicant shall contact the California Department of Conservation, Division of Oil, Gas and Geothermal Resources for specific information on wells located in or near the pipeline route, including location and abandonment details. The Applicant shall make a diligent effort to avoid construction over abandoned oil wells. If the pipeline is located near (Le., within 50 feet of the ROW) or over a plugged or abandoned well, or if an unrecorded well is encountered during construction, the Applicant shall coordinate with the Division of Oil, Gas and Geothermal Resources to ensure that the well is flagged for avoidance, correctly abandoned, and does not require remedial plugging or the installation of a gas venting system. EC-7 If local treatment facilities are impacted, the Project Proponent shall utilize portable on-site treatment units or in-situ treatment prior to construction in order to greatly reduce transport- and treatment-related cumulative impacts. Applicable technologies such as chemical stabilizationlfixation, thermal combustion, vapor extraction or bioremediation can be selected based on site specific conditions. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The California EPA (as to measures EC-2 and 4), The Division of Oil and Gas (as to measure EC-6), and the County of Los Angeles (as to measures EC-l and 7) have the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. HYDROLOGY The proposed route would cross or pass adjacent to 62 streams or watercourses between Emidio and Castiac Junction. Flood-related impacts could occur through diversions of flows during construction or through channel alteration and direct obstruction of flows by the 19 PPSI - MITIGATION I\IEASURES pipeline when placed on a bridge. These significant impacts (Class II) would be mitigated by requiring minimum flow disturbance and channel alteration during and after construction. J. Erosion and scour impacts (Class II) to the pipeline in stream crossings could result in rupture of the pipeline and oil contamination of the stream, ground water, and riparian habitat. Design of individual stream crossings for the lOa-year flood throughout the pipeline is considered to provide an acceptable level of protection at each crossing, except where such crossings are located above water supply reservoirs. Construction-related water quality impacts would be avoided by Applicant-proposed measures that would control erosion. H-12 The Applicant shall develop measures, in coordination with the CPUC, ANF, CDFG, and RWQCB, that would reduce the likelihood of pipeline rupture in areas of shallow ground water. The pipeline shall be designed to prevent uplift by the use of concrete coating (or other measures, if determined appropriate). Such coating would also minimize the possibility that a third-party could damage the pipeline. H-13 The proposed pipeline shall be located at least 200 feet from any existing water well. Depending on the geology of any particular well location, a greater separation or special pipeline design features might be required. The Applicant shall coordinate with the State Department of Health Services to locate these wells and develop specific design requirements prior to construction. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The Department of Health Services or The Regional Water Quality Control Board has the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. LAND USE AND PUBLIC RECREA TION Construction at the ANF site of the proposed Whitaker Pressure Relief/Reduction Station (Milepost 50.5) would potentially impact recreational uses at Paradise Ranch; this would be significant (Class II), but would be short-tenn and limited to localized construction activities. Construction disturbance to recreational uses in the National Forest would be adverse but not significant (Class II) due to the low level of recreational use in the Forest area near the pipeline. Agricultural uses would be impacted during construction by the potential disturbance of agricultural piping' associated with water delivery and drainage. This adverse (Class II) impact can be mitigated by contacting agricultural owners as construction crews approach to find the location of any pipelines and to ensure timely repairs if any pipes are broken. Adverse but not significant (Class II) impacts would affect residential land uses by temporary disruptions of pubic services such as water, gas, and electricity, as well as disruptions of 20 PPSI - J\lITIGA TION,'\lEASURES access roads within residential neighborhoods, These impacts can be reduced by informing J. residences in advance of construction activities in their neighborhoods. L-l The Applicant shall give ample advance notice (one month) to potentially affected property owners and tenants prior to construction of the pipeline. Notice shall be provided by: 1) mailing notices to properties within 300 feet of the ROW; 2) posting bulletins in neighborhoods that could be affected; and 3) placing notices in local newspapers. L-2 The Applicant shall notify residents at least two weeks in advance of lane closures where access to residential areas may be restricted, and develop alternative transportation routes, Further, normal access to residential areas shall be restored at the end of the work day and throughout weekends. L-3 The Applicant shall use a public liaison/contact person before, during, and after construction through residential areas as the single-point contact and interface between residents and construction crews. One contact person per spread shall be provided and shall be available both in person and by phone for up to one year after construction. L-4 The Applicant shall schedule construction to avoid peak use periods (weekends, holidays, and summer months between Memorial Day and Labor Day) at recreational parks, if compatible with biological mitigation measures regarding timing of construction. If not compatible with biological mitigation measures, at a minimum, construction shall be avoided during weekends and holidays. Provide onsite notification of recreational access closures at least two weeks in advance, through the posting of signs and/or notices. Based upon the analysis contained in the EIS/SEIR, the City Council finds that implementation of this these measures will substantially mitigate any impacts described above. The City Council has authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. L-5 The Applicant shall contact agricultural owners at least two weeks prior to arrival of construction crews, in order to arrange for their assistance in devising alternative access and locating pipelines, and to ensure timely repair should a breakage occur. L-6 The Applicant shall limit construction hours where construction is located adjacent to a' school. Limitations shall be based on hours of school operation, time of year, and acoustical factors. If construction cannot be avoided during school hours, the Applicant shall contact affected schools prior to the start of project construction and verify daily school schedules. Construction st)ould be avoided adjacent to schools during hours of high school activity. 21 PI'SI . l\IITIGATION MEASURES L-7 The Applicant shall include in the Oil Spill Comingency Plan (OSCP) (see Mitigation Measure SS-13) oil spill/fire emergency response procedures that specifically address sensitive land uses to further reduce potemial land use impacts. These sensitive land uses include schools, residences, religious facilities, recreational lands, and environmentally sensitive habitat areas. Designated representatives of these nearby land uses shall be consulted during preparation of this aspect of the OSCP. L-8 The Applicant shall coordinate with affected agencies and proponents of proposed projects within or adjacent to the ROW to minimize cumulative construction effects and avoid preclusion of other planned land uses to the maximum extent feasible. Said coordination shall take place during the final design and permitting stages of the pipeline project and shall include, but not be limited to: . Provision of pipeline route and construction schedule to affected parties · Coordination of construction activities with other construction projects · Coordination of utility disruptions and road or lane closures. L-9 In negotiating access for construction and operation, the Applicant shall disclose all required mitigation measures that may affect the Right-of-Way or the adjacent properties. The Applicant shall obtain a signed disclosure form from each land owner whose property will be traversed by the, Proposed Project. The Applicant shall submit a copy of all executed Mitigation Disclosure forms to the CPUC prior to construction. Based on the analysis comained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The CPUC or the County of Los Angeles has the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. NOISE There are sensitive receptors (religious building and residences) in the community of Lebec (Kern County) that are sufficiently close to the pipeline ROW that severe noise levels would occur during construction (Class II). Other sensitive uses (residence and school) north of Castaic Junction and along the proposed Los Angeles area refinery connection routes would be exposed to less significant construction noise impacts due to greater background noise levels, resulting in adverse but not significant noise impacts (Class III). A significant construction noise level (Class II) was identified in the previous FEIR at five land uses south of Castaic and three along the EI Segundo branch. Noise impacts can be reduced by prohibiting construction before 7:00 a.m. and after 7:00 p,m., providing advance notice to affected parties and tips on reducing noise effects, setting up a toll-free complaint line, rescheduling construction if necessary, and assuring that vehicles have properly maintained mufflers. 22 PI'SI - l\IITIGA TION MEASURES Mitigation measure N-I shall apply only to those areas identified in tables C.9-9 and C.IO-IO J. of the FEIR as having Severe Impact. Mitigation measure N-2 shall apply to the Sensitive Receptors identified in those tables. N-l Conduct all construction activities involving motorized equipment between the hours of 7 a.m. and 7 p.m. Monday through Saturday, or for a shorter period if so stipulated in the applicable noise ordinance. Further restrict construction to outside school hours where schools are located near the ROWand would be impacted by construction noise. Incorporate these restrictions in all construction plans and scheduling prior to construction. Compliance during planning and construction is to be monitored by the city/county agency that enforces the noise ordinance, by the Public Works DepartJ:Ilent, or by a CPUC/ANF-approved construction monitor. This measure is to be overridden by transportation measure T-3 where it conflicts with the provisions therein. N-2 The Applicant/contractor shall provide 72-hour advance notice to all sensitive receptors identified as potentially subject to either some or severe noise impact during construction (see Tables; implement with L-I through L-3). Notification shall be by mail with telephone follow up. The announcement shall state where and when construction will be scheduled in the subject's area. It shall further provide tips on reducing noise intrusion, for example, by closing windows facing the planned construction. The noticing shall also advise the recipient on . how to inform the Applicant/contractor if specific outdoor events are scheduled so that construction can be rescheduled, if necessary, to avoid a conflict. A reasonable deadline for notification shall be stated. Compliance is to be monitored by a CPUC/ ANF-approved construction monitor. N-3 Establish an 800 telephone number for receiving complaints during construction and develop procedures for responding to them. The number shall be included in the mailed notification (Mitigation Measure N-2) and implemented with Mitigation Measures L-I through L-3. N-4 Maintain proper mufflers on all internal combustion and vehicle engines used in construction to reduce noise to the maximum feasible extent. A CPUC/ ANF- approved construction monitor shall see to compliance through periodic checks of the equipment and its operation, or by making use of noise measurements periodically over the complete construction schedule. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The CPUC has the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. 23 PI)SI - I\IITIGA TION MEASURES PALEONTOLOGY 1. Paleontological resources are the fossil evidence of plant and animal remains over 11,000 years old that have been naturally preserved in rock or rock-like material. They are normally found in cliffs, ledges, steep gullies, or badlands where a vertical profile can be viewed. The Proposed Project ROW would encroach through a tot.al of ten geological rock units. The potential of a given fossil to contribute to the understanding and interpretation of the past is based on the specimen's quality, preservation, and relative uniqueness. All vertebrate fossils, however, regardless of abundance, are considered highly significant. Therefore, potential impacts on these resources related to pipeline construction are considered significant, but feasibly mitigated (Class II). PA-l Prior to construction, the Applicant shall develop a Paleontological R~sources Monitoring Plan (PRMP) for approval by the CPUC and Angeles National Forest (AN F) which shall address the treatment of paleontological resources discovered during pipeline construction. The PRMP shall be prepared by a qualified paleontologist; it shall include procedures for significance testing and data recovery. The PRMP shall defer to the Cultural Resources Monitoring Plan (see Section C.4.2) if paleontological resources are found with archaeological material. . PA-2 A workshop shall be conducted by. a professional vertebrate paleontologist approved by the CPUC and ANF to explain to the contractor and construction workers why vertebrate fossils are important and what they look like. Construction workers shall not collect any fossils found during pipeline construction activities before they can be assessed as to their significance. This orientation may take place in conjunction with the Preconstruction Workshop required in the Cultural Resources and Biological Resources Mitigation Plans. P A-3 All archaeological and construction monitors shall be briefed on the locations of moderate to highly sensitive areas for paleontological resources. A copy of the paleontological and sensitivity milepost table and a manual documenting the paleontological monitoring procedures shall be provided to monitors as part of the briefing. PA-4 If paleontological resources are found during construction, work shall be redirected to another area nearby so that the find may be assessed for significance. Construction monitors shall notify the pipeline company and the onsite construction monitoring coordinator. As part of the monitoring procedures, a vertebrate paleontologist approved by the CPUC and ANF with regional experience shall then be contacted to assess the significance of the find and to recommend additional mitigation measures if necessary. The paleontologist shall be retained to perform inspection of the excavation and to salvage exposed fossils, A standard sample (2.4 cubic meters) shall be 24 PI'51 - MITIGATION MEASURES undertaken for identification of microvertebrates (rodents, birds, rabbits). Monitors shall also determine whether the fossil is part of an archaeological deposit. If it is found with archaeological material, it shall then be considered to be a cultural resource discovery and treated according to the procedures specified in the a Cultural Resource Monitoring Plan that shall be prepared prior to construction (see Section C.4). L PA-5 Preserve significant fossils (if found during construction), by removal, unless this is not feasible. Due to the potential for rapid deterioration of exposed surface fossils, preservation by avoidance is not an appropriate measure. In cases where the fossil cannot be removed immediately, the fossil location shall be stabilized to prevent further deterioration prior to data recovery under the direction of a professional vertebrate paleontologist. These procedures shall be included in the PRMP. P A-6 For all fossils recovered during construction, a data recovery program shall be undertaken that includes preparation of recovered specimens to a point of identification, including screen washing fossiliferous sediment samples to recover small to microscopic vertebrate fossils, preparation of large vertebrate fossils recovered in plaster jackets, and analysis. The paleontological monitoring and salvage team shall include an expert in vertebrate paleontology. A final report, including an itemized and assessed inventory of recovered specimens, shall be prepared by a professional vertebrate paleontologist and distributed to the appropriate lead agencies and museums. This report shall also include any important megainvertebrate fossil localities and/or fossil plant localities. These items and procedures shall be included in the PRMP. PA-' All fossil remains recovered during pipeline construction and operation activity shall be curated at Applicant expense at a qualified research facility such as the San Bernardino County Museum or Los Angeles County Museum of Natural History. A Memorandum of Agreement (MOA) for curation between the Applicant, landowner, and curation facility providing rights to these materials for guaranteed future research access shall be reviewed and approved by the CPUC and ANF, and by relevant counties prior to construction. Based on the analysis contained in the EIS/SEIR, the City Council tinds that implementation of these measures will substantially mitigate any impacts described above. The CPUC has the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council' hereby incorporates these measures into the Project. PUBLIC UTILITIES AND ENERGY Utilities. The proposed pipeline would be installed parallel to numerous utility lines, such as fiber optics, high pressure gas lines, and crude oil pipelines, throughout most of the route. The Applicant would use Underground Service Alert to notify affected utility members of 25 PI'SI . l\IITIGATION l\IEASURES impending activity, thus allowing them to detennine exact location of utilities prior to construction activities. L Several planned disruptions of utility lines would occur for a few hours during pipeline installation in the trench (the interrupted utility would be reconnected around the pipeline) resulting in an adverse but not significant impact (Class III). Because the collocational impact following a major earthquake could be more severe than if only one pipeline were present in the ROW, inspection of the corridor would be conducted more frequently due to the presence of multiple pipeline operators, possibly resulting in earlier detection of a major problem. The Applicant's contingency planning would ensure that the most critical utilities are restored first after a major accident. Energy Resources and Providers. The Proposed Project represents an efficient mode of crude oil transportation, and the impact on energy resources and energy providers would not be significant (Class III), nor would it require mitigation measures beyond tlJose provided in the project design. Water Resources and Providers. Construction would require approximately 12 acre-feet of water for dust suppression and 5 acre-feet for hydrostatic testing. Reclaimed a non-potable water would be used, whenever available, for dust suppression and for hydrostatic testing of all pipeline sections, resulting in a non-significant (Class III) impact upon water resources and water providers. P-O* P-l* P-2(a)* P-4* V-I The Applicant shall plan with public agencies in" the three counties (1) to provide consultation and training as appropriate to emergency service providers to ensure adequate emergency response to pipeline related accidents, and (2) to fund public agency costs to achieve and maintain readiness in three areas--start up, annual maintenance, and contingency funding in event of a major oil spill. Participate in the Tri-County Socioeconomic Monitoring Program (SEMP) for Santa Barbara and Ventura counties and a similar monitoring program for Los Angeles County to monitor impacts on school districts and, based on the findings of the monitoring program(s) and the cost of additional classroom capacity, pay school mitigation fees to add additional classroom capacity as necessary. Fees shall be calculated by the appropriate County Association of Governments. Make arrangements, prepare signage, obtain health approvals, and use reclaimed water, wherever available, for dust suppression during construction. Make arrangements to move uncontaminated 'rock and soil to sites that need these materials for fill, rather than to landfills. If approved, materials can be used for daily cover requirements at landfills. In consultation with affected utility service providers, the Applicant shall prepare Construction Plans designed to protect utilities and shall provide the 26 PPSI - MITIGATiON l\IEASURES Plans to affected jurisdictions for review, revision, and final approval prior to J. construction. U-2 The Applicant shall coordinate with the local water districts in advance in order to efficiently obtain reclaimed or potable water for delivery to the construction sites and to meet any restrictions imposed by them. U-3 The Applicant shall set priorities for disaster repair efforts on utility lines and transportation networks, subject to approval by the affected Offices of Emergency Services. Those utility lines vital to the region must be repaired ahead of other lines. This information shall be included in the Oil Spill Contingency Plan (see Mitigation Measure SS-13). Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The CPUC, County of Los Angeles, and/or Southern California Association of Governments has the authority to require that Pacific implement the above mitigation measures within the City of - Vernon, and the City Council hereby incorporates these measures into the Project. SOCIOECONOil1ICS AND PUBLIC SERVICES The construction of the entire Pacific Pipeline (from Emidio to the refinery destinations) would employ 670 workers at its peak, with an average of 472 workers per month over a 10-month period. Population immigration is not expected to result from construction or operational employment because primarily local workers would be employed and project employees would not have to relocate to the area. Therefore, there would be minimal impacts on temporary or permanent housing. Some disruption of businesses located along the pipeline route could occur as construction progresses in the vicinity of the 1-5 service areas of Wheeler Ridge, Grapevine, Old Fort Tejon, and Lebec. Impacts would result from construction dust generation, emissions from heavy construction equipment, construction noise, and blocked traffic lanes or driveway access. These disruptions are considered adverse but not significant (Class III), since they would last one to three days at anyone location. In some jurisdictions construction may involve the closure of several small roads. This would have a potentially significant (Class II) impact on patrol and response capabilities, especially in remote areas. SP-l The Applicant shall hire as many local workers as possible from each county in which pipeline construction takes place to work on that county's section of the project. To maximize the use of local workers, the Applicant must require that its construction contractors and subcontractors work with local trade unions and make every other feasible effort to employ local workers including the funding of job training. If satisfaction on the part of the local trade unions is not reached, then the issue of using local workers shall be settled through arbitration. 27 SP-4 PPSI . MITIGATION I\IEASURES SP-5 SP-6 SE-8* Applicant shall compensate any business disrupted, displaced, or forced to relocate due to the construction or operation of the Proposed Project. Where a nearby business owner believes business has been diminished without compensation, the Applicant and business owner shall participate in arbitration by neutral appraisers (agreeable to the Applicant and the business owner) to determine if any compensation is due to the business owner. The Oil Spill Contingency Plan shall address specific measures relative to business disruptions and direct cost recovery in the event of an oil spill. Also see Mitigation Measure SS-13, Oil Spill Contingency Plan, and Mitigation Measure SP-4, business compensation. Prior to the approval of demolition and construction permits, the Applicant shall demonstrate how debris will be salvaged and recycled in a manner that is practical, available, and accessible. For example, arrangements shall be made to move uncontaminated rock and soil to sites that need these materials for fill, rather than to landfills. If approved, materials can be used for daily cover requirements at landfills. Also, the Applicant shall also develop explicit language that clearly sets the requirements for construction debris recycling by contacting the recycling coordinators in each of the jurisdictions through which the pipeline would pass. Participate in city and county In-Lieu HousiI)g Programs and/or fund programs focusing on the rehabilitation and creation of affordable housing in impacted jurisdictions where significant impacts exist, as identified by the SEMP. The level of funding shall be based on the difference between the median rental costs and the rental housing affordability limits for moderate income households in each impacted jurisdiction. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The CPUC, County of Los Angeles, and/or Southern California Association of Governments has the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. SP-3 Include a business relations coordinator for each city and county on the Applicant's project construction team. The responsibility of the business relations coordinators shall include the preparation of a Business Impact Mitigation Plan. Prior to the start of project construction, the coordinators shall contact businesses, including agriculture, which could be disrupted for one day or more by project construction, to inform them of the specific nature of the potential disruptions and to identify related issues and concerns, and to obtain their input regarding impact. mitigation. Construction scheduling shall be designed to minimize business impacts. The Business Impact Mitigation Plan shall also integrate applicable mitigation measures from this EIS/SEIR for this and other issues such as traffic, air quality, noise, and soil contamination. This 28 PI'SI - !\IITIGATION MEASURES plan shall be prepared by the Applicant and be reviewed and approved by appropriate city and county planning agencies prior to the start of construction. Following the preparation of the Business Impact Mitigation Plan and within two weeks of commencement of construction in a specific area, the coordinators shall contact the businesses again to implement specific mitigation measures and to resolve any remaining concerns and issues. Appropriate city and county agencies shall participate in and monitor the implementation of the plan. Also, see Mitigation Measure L-5 (Section C.8, Land Use and Public Recreation). Based upon the analysis contained in the EIS/SEIR, the City Council finds that implementation of this measure will substantially mitigate any impacts described above. The City Council has authority to require t~at Pacific implement the above mitigation measure within the City of Vernon, and the City Council hereby incorporates this measure into the Project. SYSTEM SAFETY AND RISK OF UPSET System safety impacts associated with the Proposed Project primarily result from potential crude oil spills that could cause significant impacts in other issue areas. Using failure rates for 20-year old pipelines as a conservative assumption the probability of major rupture at any particular location along the pipeline was found to be 1.2 in one thousand over the entire lifetime of the project (i.e., 50 years). The probability for a leak from the pipeline during . the same time period is estimated at 2 in one thousand. The total lifetime Incidents for the entire length of pipeline is estimated to be 1. 8 ruptures and 3.6 leaks. In Kern County, the use of an existing pipeline from Pentland to Emidio would result in a lifetime of incremental increase of 0.8 leaks and 0.4 ruptures over the entire length of the pipeline. The hazards associated with potential oil spills, and subsequent fires and impacts on resources, would be reduced by measures that PPSI is proposing to incorporate into its design relating to oil spill prevention and response. The Applicant is required to have its Oil Spill Contingency Plan reviewed and approved by the CPUC and the local response agencies prior to the start of pipeline operation. Twenty-eight additional mitigation measures have been developed in this EIS/SEIR to address construction safety, spill prevention, minimization of spill volumes, and spill containment and response. 88-1 The Applicant shall provide structural support for underground utilities in and near the construction area during work in the trench and backfilling operations to prevent damage to such facilities during construction activities. 88-2 The Applicant shall use hand tools (i.e" non-motor operated equipment) in utility intensive areas and within 24 inches of underground structures. Any soil remediation or excavation work in the vicinity of the pipeline shall also require the use of hand tools within 24 inches of the pipeline. 29 PPSI - l\lITIGA TION MEASURES 88-3 The Applicant shall halt work in the immediate vicinity in the event of inadvertent damage to an underground utility, until the owner of the utility has been contacted and repairs have been effected. J. 88-4 The Applicant shall notify owners through the office of Underground Service Alert of any underground facilities (including electrical, water, gas, petroleum pipelines, fiber-optics, and agricultural water delivery and drainage pipelines) 48 hours in advance of excavation in the vicinity of these facilities. The Applicant shall have an electrical contractor on-call at all times during construction near the potentially affected facility to repair any circuits if required by the owner in the event they are damaged during construction. The appropriate response to hazards associated with damage to natural gas pipelines will be determined in consultation with natural gas utility operators and local fire departments. Local fire departments shall be notified of the schedule for construction activities in the vicinity of natural gas and other oil pipelines. (See Section C.II, Public Utilities and Energy, for a description of other underground utilities along the proposed pipeline ROW.) 88-7 The Applicant shall implement internal corrosion prevention techniques in accordance With the requirements of the California State Fire Marshal (49CFRI95.418) as part of the pipeline maintenance procedures. Such activities shall include routinely scheduled pigging of the pipeline to remove pockets of accumulated fluids that contribute to internal corrosipn (such as hydrogen sulfide, carbon dioxide, and water), the use of corrosion inhibitors and corrosion coupons, and periodic testing by a state-of-the-art "smart pig" to identify areas where corrosion, pipewall thinning, dents, cracks, and other defects have occurred. Specific measures are discussed below: . Whenever any section of the pipe is removed for any reason, it shall be inspected for possible internal corrosion and records retained for inspection by the State Fire Marshal. . The pipeline shall be tested with a state-of-the-art "smart pig" to identify areas where corrosion, pipewall thinning, dents cracks and other defects have occurred. State-of-the-art pigging will be capable of defining wall-thickness contours around any area of reduced wall thickness. The smart pigging will be done every year. A program of maintenance shall be developed to ensure that permits to perform the work are obtained as soon as possible and that pipeline defects are rectified wit~in one month of securing the necessary permits for severe defects, ,and within six months for moderate defects. 88-9 The Applicant shall make a good faith effort to establish a cooperative organization whose members will include the pipeline operators in the study area (which would include PPSI, ARea Pipe Line, Mobil, All American, Texaco, Chevron, and possibly The Gas Company), The purpose of this organization 30 PPSI - MITIGATION MEASURES 55-10 55-11 55-16 55-18 shall be to exchange information, initiate self-regulation, use joint resources for J. spill prevention, emergency response, and cleanup. Since the failure of each pipeline will have a drastic effect on regulation and operation of others, the members of this organization have internal incentives to cooperate despite their competition in the market. For example, the Institute of Nuclear Power Operations (INPO) formed after the Three-Mile Island accident, has been greatly effective in self-regulation and increasing the overall safety in the nuclear industry (J. V. Rees, 1994). After every 20 years of operation, the Applicant shall conduct a full analysis of the pipeline components for safety and reliability purposes. This analysis is in addition to the normal .maintenance and inspection required, and should include. the results of a comprehensive "smart pig" inspection, the integrity check on pump stations, heaters, storage tanks, valves, communication systems, and other components. A full report on the status of the entire system, any potential deficiencies, and the remedial actions should be prepared. This report should be submitted to CPUC, ANF, and the California State Fire Marshal or their- successors. The continued operation of the pipeline after 20 years should be dependent on these agencies' approval of the safety status as presented by the Applicant. The Applicant shall install even speed and vibration sensors at all pump stations to shut down the pipeline automatically in the event that threshold acceleration should be exceeded. Such devices shall be required to detect earthquakes with intensity of 6.0 or more. The petroleum industry has some objections to automatic shutdown systems because erroneous shut down procedures have caused accidents. Should the Applicant disagree with this mitigation, they shall prepare a report and clearly demonstrate (to the satisfaction of CPUC, ANF, and CSFM) that these sensors would result in more oil spill accidents than they would prevent. The Applicant shall conduct a public education program consistent with 49 CFR 195.440 to help the public and agencies understand pipeline safety hazards. The program will be supervised by the State Fire Marshal and approved by emergency services agencies in each county. This program shall include distribution of a brochure explaining how to recognize a leak, what to do in the event of a spill, what potential safety impacts could occur, and who to call. The brochure will be distributed to homes, sensitive receptors, and businesses within 1,000 feet of the pipeline, and shall be actively distributed by Pacific Pipeline System Inc., along with construction notifications during the installation of the proposed pipeline. Translated versions of the educational material should be distributed in high-minority communities. Please see Mitigation Measure ML-5 in Section C.16 (Impacts on Minority Populations), The Applicant shall conduct a comprehensive safety and reliability analysis of the SCADA system and pipeline control room prior to commencement of 31 PPSI - MITIGATION MEASURES 55-20 85-22a 55-24 operations. The analysis should meet or exceed the guidelines developed by the 1. Institute of Electronic and Electrical Engineers. Include the improvements recQmmended by this study to the hardware and software. Provide the regulatory agencies with the study results. In consultation with spill response contractors and the public response agencies, the Applicant shall conduct an evaluation of the response. capabilities along the ROW to meet the needs of additional oil and gas projects in the area. This evaluation should address the potential for multiple release scenarios, response capabilities required to meet the needs of credible maximum spill scenarios in the region, and the feasibility and the barriers to effective sharing of response resources. (Other shippers should be contacted for cooperation, as recommended under Mitigation Measure SS-9.) The current system for coordinating the response resources and the efforts of many public agencies should also be reviewed in the evaluation of response capabilities. There is a potential that oil spills near the refinery connections, or at the Santa Clara river crossing could eventually reach the ocean. Therefore, the Applicant shall execute a contract with a marine cooperative spill cleanup co-op to ensure these resources are available. The proposed pipeline shall be used only as stated in the Applicant's Project Description: for transportation of crude oil only and at an average flow rate of 130,000 BPD. No exceedance of this level is allowed without appropriate environmental review and analysis, and no other material including petroleum compounds or products (whether in gas or liquid form) may be transported through this pipeline. The H2S content of the crude oil transported by the pipeline shall not exceed 10 ppm. To reduce likelihood of damage to the pipeline from third-party construction, place markers at major highway and road crossings, keyed to Thomas Guide page numbers. Placement and markers are to meet the approval of each applicable County jurisdiction. Additionally, to avoid potential construction impacts, two pipeline markers shall be visible from any point along the pipeline, with a maximum spacing of 500 feet between any two markers. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The CPUC and/or the California State Fire Marshall have the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. 88-5 The Applicant shall prepare a Fire Protection Plan (FPP) and a Hazardous Materials Management Plan for all areas along the pipeline ROW for the construction phase of the project. Contingency analysis and planning shall be conducted to identify fire situations, how to minimize their occurrence. and how to respond should they actually occur. Local Fire Departments shall review the 32 PPSI - MITIGATION l\IEASURES 88-6 88-13 plans based on their specific needs and resources, The plans shall assure that L locations and conditions for storage of fuels comply with rules set forth in the Uniform Fire Code and National Fire Codes, The FPP shall include specific measures to avoid impacts on cultural resources, sensitive habitats, and sensitive biological resources identified in other sections of this EIS/SEIR. These plans shall be approved by the CPUC, ANF, and local fire jurisdictions and the environmental monitoring authority for the appropriate discipline. The Applicant shall implement recommendations for geotechnical studies, Mitigation Measures G-3 and G-4, and 40CFR 190-110 for proper pipeline and above-ground facilities design features in fault zones to accommodate potential ground movement. Section 419 of ANSI Standard B31-4 must be followed in providing for expansion and flexibility. Develop and implement a program for routine inspections of mainline valves twice annually. The valves shall be checked for mechanical integrity. Remotely activated block valves shall be checked to ensure they operate automatically within 60 seconds. Check valves should be checked annually to assure proper functioning. Maintenance records shall be retained for inspection by the SUite Fire Marshal. The Applicant shall maintain an up-to-date Oil Spill Contingency Plan (OSCP) in compliance with 49 CFR 195.402, the standards of all applicable jurisdictions along the route, as well as additional items discussed below. The OSCP shall include procedures indicating the pipeline inspection procedures following an earthquake of 6.0 or greater, The areas of the ROW around the earthquake epicenter must be inspected first. Pipeline bridge crossings and potential liquefaction areas are then to be inspected in a predetermined order. Include wildlife contingency measures including specifics of how to deal with oiled wildlife, both terrestrial and aquatic; a list of names and telephone numbers of persons who are expert in the rehabilitation of oiled wildlife; locations and response times of facilities and persons for responding to oiled wildlife, creating facilities if necessary; and providing for the ability to rehabilitate oiled wildlife over the long term, if necessary (see also Mitigation Measures B-W-4, B-W-5, and B-W-6 in Section C,3.2,2,5). Review of OSCP: The OSCP will be subject to review by the California State Fire Marshal, California Department of Fish and Game, tJ .S. Fish and Wildlife Service, the Los Angeles County Metropolitan Transportation Authority, and other applicable local, State and Federal agencies who will review it for compliance with all requirements of 49 CFR 195.402. and California SB 2040, and the standards of. all applicable jurisdictions along the route. In addition, the plan will be specifically reviewed for methods and instructions for containing oil across land, down stream channels, storm drains, and in water. The removal of contaminated vegetation and implementation of methods to protect and care for birds and wildlife in the event they become soiled with oil will also be reviewed. 33 PPSI . MITIGATION MEASURES Spill Response Training/Equipment: All appropriate emergency personnel must be trained for spill response. Oil spill containment and recovery equipment shall be inspected and maintained annually. Regular drills shall be scheduled and the results .evaluated so that oil spill response personnel are familiar with the equipment and with the project area. J. PPSI will investigate the possibility of using a Task Force or Special Committee consisting of the fire agencies along the pipeline route to serve as, or augment the spill response contractors that are required under this and other mitigation measures. The Task Force or Special Committee would be funded adequately to meet .PPSI's obligations for oil spill response and fire fighting equipment. Contact Lists: The OSCP shall include a list of the names and telephone numbers of the pre-approved response contractors and the following: . Information on the type and amount of equipment each can provide . Number of laborers available and estimated time to mobilize the response team. The plan shall include a listing of names, telephone numbers, and addresses for emergency access to private lands along the pipeline route. Biology Considerations: (1) Station oil spill response and containment equipment at the following locations: · Emidio and Grapevine Pump Stations · Pyramid Lake · Vicinity of the Castaic Creek crossing · Vicinity of the Santa Clara River crossing · Vicinity of the Dominguez Channel crossings. (2) Outline provisions for qualified biological monitors on site during all cleanup activities in the vicinity of known rare plant population locations. (3) Outline provisions for restoration of affected plant populations and habitat in the event of an impact and these shall be reviewed and approved by CPUC, USFS, and CDFG, as appropriate, prior to their implementation. (4) Include 'maps that show population locations of rare, threatened, or endangered plant species. Maps must show population locations and suitable habitat and must define ingress and egress points and areas where cleanup activities can occur without impact on rare plants. Provide directions for emergency containment procedures if a spill should occur in or upstream of habitat of sensitive plant species, This information shall be 34 PPSI - 1\1ITIGA TION MEASURES reviewed every five years by the Applicant, ANF, CPUC, and responsible j, agencies, and updated as appropriate. (5) Prepare evaluation of the non...c1eanup option for ecologically vulnerable habitats such as riparian habitats (see also Mitigation Measure B-W-5). (6) Areas of particular biological sensitivity shall be noted (similar to the Base Maps in Appendix B) and special cleanup techniques outlined, should these areas be contaminated. (7) Provisions to rehabilitate a habitat affected by a spill and/or by cleanup activities shall include the following: · Measures to protect sensitive habitats from damage · Measures to minimize potential damage from response and repair operations · Measures to restore native plant and animal communities to prespill conditions . Site-specific restoration plans for riparian and coastal habitats . Containment and cleanup measures addressing storm drain and flood control channels. A monitoring program shall be established to assess the rate and overall success of the cleanup and reclamation efforts. (8) Develop site-specific contingency plans for sensitive habitats (see Mitigation Measure B- V -6 for details of plan). Cultural! Archaeology/Paleontological Considerations: Areas of archaeological or paleonto-Iogical significance within the potentially- affected spill area that are discovered during the lifetime of the project shall be noted in the OSCP, Special cleanup techniques, emphasizing water-surface cleaning and absorbent cleaning and prohibiting use of heavy construction equipment in these areas shall be required. A qualified local archaeologist and a trained Native American observer shall be included in designing the Oil Spill Response Plan to ensure that site impacts can be avoided or minimized during containment and cleanup. To the maximum extent feasible, site areas shall not be affected unnecessarily by ground disturbance associated with construction of dams, berms, trenches, or the establishment of staging areas. The Oil Spill Response Plan.shall include provisions for contacting a qualified local archaeologist and Native American observer when an oil spill response is required. The archaeologist and Native American observer shall visit the spill site to assist in avoiding sites and to monitor the containment. After containment is accomplished, cleanup activities shall be preceded by a brief archaeological reconnaissance of the affected area. If any sites are 35 PPSI - MITIGATION MEASURES SS-14 SS-15 located in the area, the archaeologist and spill cleanup team leaders shall J. evaluate further actions, including emergency site excavation. Hydrological and 'Vater Quality Considerations: As discussed in Mitigation H-ll, the OSCP shall include a stream by stream analysis of maximum potential oil spill that can be released, the exact potential pathway of the oil, the time to reach potable water resources, and specific measures to prevent contamination of water resources. A computer based (preferable GIS) system that could simulate the progression of the oil spill and identify response resources would be very useful. Mitigation Measure H-ll also requires the development of other measures to protect Pyramid and Castaic Lakes from an oil spill. Land Use Considerations: Develop procedures for sensitive land uses to further reduce potential land use impacts. These sensitive land uses include schools, hospitals, residences, religious facilities, recreational lands, prisons, and oil fields along the pipeline ROWand environmentally- sensitive areas. Designated representatives of these nearby land uses shall be consulted. The OSCP will include lists of sensitive receptors within 1,000 feet (305 meters) of the pipeline ROW (as defined in Section C.8.1.2) and procedures to ensure they are notified in the event of a spill. Socioeconomic Considerations: Develop specific measures relative to business disruptions and direct cost recovery in the event of an oil spill. Please see Mitigation Measures L-7 in Section C.8 (Land Use), and SP-5 in Section C.12 (Socioeconomics). Transportation Considerations: Develop specific measures that address and mitigate potential disruption to transportation systems and provide for planning and coordination with the appropriate agencies. Please see Mitigation Measure T-13 in Section C.15 (Transportation and Traffic). The Applicant shall distribute copies of the approved Oil Spill Contingency Plan to each agency whose operations could potentially be affected by a spill along the pipeline route, and to local fire departments who may be called on for emergency response. Copies of the contingency plan shall also be made available to any public agency along the pipeline route that requests copies. All contingency plan recipients are to be notified of contingency plan changes via formal contingency plan updates. The Applicant shall supply and maintain oil spill containment and response equipment at locations accessible to first response personnel along the route to facilitate rapid response to an oil spill. Selected locations and equipment must be approved by appropriate jurisdictions along the pipeline ROW, 36 PPSI - MITIGr\ TION MEASURES 55-17 J. 55-21 55-22 The Applicant shall exercise the OSCP with a full-scale response drill prior to operation of the pipeline. Any deficiencies identified as a result of this exercise shall be corrected by the Applicant prior to startup. Emergency response drills shall be conducted according to the National Preparedness for Response Exercise Program (PREP) Guidelines and, at a minimum, shall include a pipeline equipment deployment exercise annually, an internal tabletop exercise annually and an internal notification exercise quarterly. Drills shall be used to clarify the role of the oil spill responder. Again, the communication problem and need for interpretation in the high-minority communities should be addressed in any response drill. The Applicant shall provide each pump station with appropriate fire-fighting equipment. Aqueous film-forming foam (AFFF) equipment shall be installed where water supplies are available. At locations without water supply, a non- aqueous fire suppression system shall be installed with equivalent or superior performance to AFFF. All systems must meet or exceed local fire codes and other legal requirements. The Applicant shall prepare a Fire Protection Plan for the operational phase of the Proposed Project. The Plan shall include details of fire protection and loss prevention measures that will be implemented during the operation of the pipeline. The Plan shall be approved by all affected fire protection jurisdictions. Based upon the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The City Council has authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. TRANSPORTATION AND TRAFFIC Construction of the Proposed Project would have an impact on the study area's transportation system as the construction activities would physically block many of the public roadways along the pipeline corridor. Although some of the pipeline alignment is on private property and Angeles National Forest land, the majority of the route (33.3 out of 65 total miles) is located within the ROW of public streets and highways. As construction occurs at these locations, portions of the roadway which are normally used for traffic circulation and/or parking would be temporarily unavailable for these purposes. At the numerous locations- where the pipeline alignment would cross a roadway, the Applicant has committed to boring underneath the roadway, thereby minimizing traffic disruptions during construction. At the locations where the pipeline alignment runs parallel to a roadway, construction activities would, in most cases, result in traffic impacts as travel lanes, shoulders, driveways, and parking areas would be blocked. The'impacts at any particular location would have a duration of one to three days. 37 J>J>SI - MITIGATION i\IEASURES Construction of the proposed pipeline would result in several significant, but mitigable J. (Class II) impacts as the construction activities would increase traffic congestion, block access to adjacent properties, obstruct pedestrian circulation, increase the accident risk, and restrict emergency access. In addition, project construction would result in an increase in traffic volumes, an increase in parking demand, a loss of existing parking space, and disruptions to transit operations, which are categorized as adverse, but not significant impacts (Class III). T-l The Applicant shall restrict all necessary lane closures or obstructions on major roadways to off-peak periods in urbanized areas to mitigate traffic congestion and delays which would be caused by lane closures during construction and by exploratory excavatioQs. Such closures would be avoided from 6:00 to 9:30 a.m. and 3:30 to 6:30 p.m., or as directed by the affected public agency. . T -2 The Applicant shall notify affected parties of potential obstructions and alternative access provisions. Blocked access to nearby properties requires advance coordination with property owners and tenants. Where construction activities would interfere with access to local businesses, schools, farms, and/or residents, the owners and tenants shall be notified of the potential obstructions. Alternative access provisions and parking shall be provided by the Applicant where feasible, with guide signs to inform the public. If alternative access is not feasible, then the Applicant shall provide compensation to the affected businesses. T -3 The Applicant shall schedule construction on or adjacent to critical land uses (hospitals, schools, major employers, recreational areas, etc.) so that at least one access driveway is left unblocked at all hours or during business hours. T-4 The Applicant shall provide alternative pedestrian or bicycle access routes to avoid obstruction to pedestrian or bicycle circulation. Where existing pedestrian circulation routes or bike trails would be obstructed by pipeline construction (e.g., along the proposed San Fernando bikeway), alternative access routes shall be developed and signed/marked appropriately. T -5 The Applicant shall develop Transportation Management Plans in order to increase safety for the traveling public. These detailed transportation management plans shall be developed for every location at which construction activities would interact with the existing transportation system. Input and approval from the responsible public agencies shall be obtained. The use of flaggers, warning signs, lights, barricades, cones, etc. shall be established according to standard guidelines outlined in the Caltrans Traffic Manual, the Standard SpeCifications for Public Works Construction, and the Work Area Traffic Control Handbook (WATCH). T -6 The Applicant shall coordinate in advance with emergency service providers to avoid restricting movements of emergency vehicles. Police departments, fire departments, ambulance services, and paramedic services shall be notitied in 38 I))>SI - MITIGATION I\JEASURES advance by the Applicant of the proposed locations, nature, timing, and duration of any construction activities and advised of any access restrictions that could impact their effectiveness. At locations where access to nearby property is blocked, provision shall be ready at all times to accommodate emergency vehicles, such as plating over excavations, short detours, and alternate routes. The Transportation Management Plan (Mitigation Measure T -5) shall include details regarding emergency services coordination and procedures. J. T-' The Applicant shall provide a shuttle bus service for construction workers from convenient off-street parking areas to the work sites to minimize traffic volumes and parking demand at the work sites. Sufficient off-street parking shall be provided at the bus service staging areas so that adjacent or nearby parking facilities are not adversely affected.. Multiple staging areas shall be utilized to reduce traffic impacts on the roadways serving the staging areas. Approval shall be obtained from the affected local jurisdictions for the staging areas. An employee incentive program shall be established to encourage ridesharing and/or transit usage. T -8 The Applicant shall provide an off-street area for the storage of construction equipment, vehicles, and materials to address the increased demand for construction equipment storage. T-9 The Applicant shall ease the temporary loss of parking spaces through advance notification and temporary replacement of parking spaces. Where the construction activities would eliminate existing parking spaces, advance signing (at least 72 hours) and notification to nearby businesses/residents shall be provided by the Applicant. If the loss of parking spaces would create a hardship (as determined by the affected public agencies), alternative spaces shall be arranged by the Applicant, if feasible, and appropriate guide signs installed. The required Transportation Management Plan (Mitigation Measure T -5) shall include provisions regarding the loss of existing parking spaces. T-IO Roads disturbed by construction activities or construction vehicles shall be properly restored to ensure long-term protection of road surfaces. Care shall be taken to prevent damage to roadside drainage structures. Roadside drainage structures and road drainage features (e.g., roIling dips) shall be protected by regrading and reconstructing roads to drain properly. A road maintenance program shall be established and implemented by the Applicant for portions of the road where the pipeline is buried. Said measures shall be incorporated into an access agreement/easement with the applicable governing agency prior to construction {see also Mitigation Measure C-16 regarding protection of the Old Ridge Route). T-ll The Applicant shall coordinate in advance (at least 90 days prior to construction start-up) with public transit agencies and the transportation branch of affected school districts to avoid disruption to transit operations and to allow adt:quate 39 . PI'SI - MITIGATION MEASURES time for service adjustmencs. Public transit agencies and schools which operate bus routes on the roadways potencially affected by the proposed construction activities shall be informed in advance of the pipeline project and the potential impacts at bus stop locations. Alternate pick-up/drop off locations shall be determined and signed appropriately. 1, T-12 Coordinate issues of compatibility of rail operations with SPTC, UPRR, ATSF, and LACMT A. The Applicant and contractors shall plan and implement all activities within the railroad ROW with the appropriate railroad personnel. Railroad representatives shall be on site at all times during construction along active rail lines. T-13 The Applicant" shall prepare an emergency response plan which addresses potencial disruption to the transportation system in case of a major oil spill, as part of the overall Oil Spill Contingency Plan outlined in the System Safety section (C.B.2). The Applicant/Operator shall be prepared at all times to immediately respond to an oil spill which would affect any transportation facility so that necessary facility closures and cleanup operations can be initiated expediencly. Coordination with appropriate law enforcement agencies, public works departments, fire departmencs, and state agencies shall be required in advance of, and in the evenc of an upset. T-14 The Applicant shall maintain close coordination with the agencies responsible for encroachment permits on each affected roadway and with the utility companies which have facilities along the same ROW. The Transportation Management Plans (Mitigation Measure T-5) shall take into account other construction projects and their planned mitigation procedures. Based upon the analysis concained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The City Council has authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. VISUAL RESOURCES Short-term construction impacts on visual resources would result from the temporary alteration of landforms and vegetation, as well as from the presence of equipment, materials and workforce at above-ground facility sites (i. e., pump stations), and along the ROW. These short-term impacts would ~e adverse, but not significant (Class III). Short-term cumulative impacts may occur if other projects in close proximity to the pipeline are constructed at the same time as the pipeline. However, the construction period for each pipeline segmencis sufficiently short that cumulative construction impacts would not be significant. 40 PPSI - MITIGATION MEASURES Mitigation Measure V -2 applies to private rights-of-way and assumes a 50-foot width. Where construction occurs in connection with a City Council granted franchise, its terms shall be controlling. 1. V-I The Applicant shall store construction materials and excavated materials away from highly visible route segments along 1-5, SR 166, Old Ridge Route, Templin Highway, Lebec Road, and Peace Valley Road, whenever possible, to reduce intrusion into scenic views. Material storage shall also be located away from residences, schools, and businesses. V-2 The Applicant shall confine construction activities and materials storage to within the pipeline ROWand above-ground facility sites. All food-related tras~ (wrappers, cans, food scraps, etc.) shall be disposed of in closed containers, and the containers regularly removed from the construction site. Based upon the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measures will substantially mitigate any impacts described above. The City Council has authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. IMPACTS ON MINORITY POPULATIONS AND LOW-INCOME POPULATIONS In compliance with President Clinton's i994 "Executive Order on Federal Actions to Address Environmental Justice in Minority and Low-Income Populations" (Executive Order 12898), this EIS/SEIR comprehensively addresses the question of whether and how the impacts of the Proposed Project and alternatives may disproportionately affect minority populations and low-income populations. lr also analyzes and recommends specific mitigation measures for such disproportionate effects identified. The- analysis is based on the general assessment of impacts for all of the environmental issues and the specific geographic distributions of these impacts in relation to the distributions of minority and low-income communities in the region. Census tract data was used in delineating the distribution of minority and low-income communities, including such key parameters as racial and ethnic makeup, income level, use of languages other than English, population density, and unemployment. ML-I Community Outreach and Communications Program . The Applicant ,shall establish a Community Liaison Group to contact and meet with local community-based organizations, homeowner and neighborhood associations, chambers of commerce, community leaders and local public agencies, and local residents to provide information and answer questions regarding the Project. and receive feedback on the Community Partnership Program (see ML-2). The Community Liaison Group shall have multi-cultural/multi-lingual capabilities such as liaisons 41 PPSI - l\IITIGATION I\IEASURES ML-2 ML-3 with community familiarity that speak the predominant languages (e.g., English, Spanish, Chinese, Japanese, Korean, and Vietnamese) along the pipeline route and informational materials (Le., brochures, fact sheets, signs, etc,) that are translated into those languages. . At the start of project construction, the Applicant shall set up a 24-hour, toll free, project hotline with multi-lingual capabilities to answer any questions or address concerns about the Project, to operate until one year after start-up of normal project operations. Community Partnership Program . A Community Partnership Program shall be set up to supply the affected communities with the following types of information: job training and mentorship programs through existing community organizations; identification of jobs through existing job databases such as the City of Los Angeles database; an educational module which.would provide help on environmental improvement projects for the affected communities, including training on participation in public decision-making proce~ses and environmental and health issues associated with industrial development. . The Applicant shall create an easily accessible computer communications network (Community Partnership Network) for communities through which the pipeline passes, along with an endowment to be provided for ongoing operation and maintenance costs for the network. Network subgroups shall be developed to address the needs of ethnic or cultural groups (e.g., language) along the pipeline route. The Applicant shall place computer terminals in a minimum of 10 easily accessible public locations along the pipeline route (within two miles on either side of the route) in up to 10-high-minority and low-income communities at such locations as libraries, schools, and community centers. The network shall also be accessible through the Internet and accessible to modem-equipped computers. . Applicant shall provide educational and informational materials for the Community Partnership Program, as described above, that will be accessible on the Network. Applicant shall continue to work with community-based organizations to facilitate educating the community about use of the Community Partnership Network for a period of 3 years after project approval by the CPUC and ANF. Local Community and Minority-Owned Business Enterprise (MBE) Hiring Program . Applicant shall locate the Control Center for the Pipeline within one-mile of Taylor Yard and shall maximize use of local workers (residence within 42 PPSI - MITIGATION MEASURES l\1L-4 ML-5 5 miles of the pipeline route between San Fernando and refineries) in the ' staffing of this facility, . Applicant shall develop a local and MBE Hiring Program with maximum use of local workers and a target of using at least 40% MBE firms for the following job categories for work in the Sylmar to Wilmington area: trucking and hauling; paving; potholing and subsurface investigation; utility location and relocation; environmental monitoring; archaeological monitoring; office supply and reproduction services; machine shops; line flier; security services; emergency response; laboratory analysis; courier services; building maintenance; and cathodic protection surveys. . Applicant shall contract with local (based within 5 miles of the pipeline route) and MBE firms for goods and services to the maximum extent feasible. . Applicant shall work with construction unions to develop their MBE programs. . The Applicant shall ensure diversity among its contractors and subcontractors by emphasizing use of local hiring practices. The workforce employed shall represent the ethnic make-up of the neighborhoods .through which the pipeline passes to the greatest extent possible. Open areas of the pipeline corridor shall be attractively landscaped and utilized for green belts, parkways, bike routes, and other open space uses to buffer adjacent residential areas from industrial uses. The development and maintenance of such alternative land uses for the corridor shall be evaluated during the permit review process for new development within the corridor, Communication of Potential Emergencies to Non-English Speaking Populations . The Applicant shall prepare a demographic data analysis to identify those segments of the population along the pipeline ROW that primarily speak a language other than English, This information is readily available from the U.S. Census Bureau and the analysis should be conducted at the census block level. . The results of ~he demographic data analysis shall be incorporated into the Oil Spill Contingency and Fire Protection Plans and address how potential emergencies will be communicated to, and responses coordinated with, the affected populations, especially for non-English speaking residents. 43 PPSI - MITIGATION MEASURES , . The Applicant shall consult with communications specialists who understand the cultures of the affected communities to determine appropriate notification measures in the event of an emergency. · The Oil Spill Contingency and Fire Protection Plans shall include a list of radio and television stations, as well as community contacts and available translators, that can be contacted in the event of an accidental release. This list must identify radio and television stations that reflect the diversity of the listeners/viewers along the pipeline ROW (e.g., non-English language stations, rap/hip-hop music, rock music, news/talk radio, etc.). lVIL-6 The Applicant shall utilize its Community Outreach and Communications Program and its Community Partnership Program to assist with the following mitigation activities: . Close cooperation and consideration with local community-based organizations in development and implementa!ion of the Business Impact Mitigation Plan (Mitigation Measure SP-3) to be used to mitigate construction impacts on local business. . Facilitate the use of local transit systems to reduce traffic impacts during construction or in the event of accidents, line replacement, or line removal. . Provision of summary reports regarding pipeline condition, operation, and maintenance, including summaries of the required triennial smart pig testing results as described in Mitigation Measure SS-7 in Section C.13. ML-8 Efforts shall be made to ensure equitable application of mitigation measures, regardless of the particular visual or land use character of a particular area. Based on the analysis contained in the EIS/SEIR, the City Council finds that implementation of these measu,res will substantially mitigate any impacts described above. The CPUC has the authority to require that Pacific implement the above mitigation measures within the City of Vernon, and the City Council hereby incorporates these measures into the Project. ML-7 The Applicant, in determining the location of oil spill containment and response equipment, shall endeavor to ensure that the spacing of such equipment along the pipeline is in full consideration of the density of hazard factors and. populations at risk along the pipeline route. This information shall be included in the Oil Spill Contingency Plan (see Mitigation Measure SS-13 in Section C.13). Based upon the analysis contained in the EIS/SEIR, the City Council finds that implementation of this measure will substantially mitigate any impacts described above. The City Council has authority to require that Pacific implement the above mitigation measure 44 .. PI'SI - MITIGATION MEASURES within the City of Vernon, and the City Council hereby incorporates this measure into the Project. L * Signifies mitigation measures from the FEIR dated September 1993. ALTERNATIVES 33. The EIS/SEIR has included consideration of reasonable alternatives, as required by CEQA. Initially, 15 alternatives to the proposed Project were considered for evaluation in the environmental document. After conducting a screening analysis, four alternatives (including the Project) were selected for full consideration. The other three which were selected are the Mojave ,Alternative discussed in the February 5, 1995 Amendment; the Cajon Pipeline Alternative . (as recently revised to include the EPTC connection); and the No Project Alternative. Each of these alternatives was comprehensively analyzed and compared relative to its respective "specific impact-causing factors and their resulting effects with respect to 15 environmental issue areas (Air Quality, Biological Resources, etc.)" (Exhibit 4a, p. ES-15). UNA VOIDABLE IMPACTS 34. The environmental review documents also identify several significant adverse impacts that cal1not be mitigated or avoided. As earlier explained, these are largely associated with accidental ruptures or spills from the pipeline, the risk of which is inherent in this mode of transportation, just as it is with alternative modes. The only way to avoid these impacts would be to cease transporting oil by any means. These impacts are specifically identified and discussed in the EIS/SEIR. ST A TEMENT OF OVERRIDING CONSJDERA TIONS 35. The Project cannot be approved unless, with respect to each significant effect, changes or alterations have been required in or incorporated into the Project which mitigate or avoid the significant effects on the environment. (Pub. Res. Code Section 21081(a).) As to those significant effects for which identified mitigation measures or alternatives are infeasible, the City Council is obliged to find that there are overriding considerations of public interest which outweigh those effects on the environment. (Id., Section 21081(b).) The changes or alterations to mitigate or avoid significant effects are contained in the Proposed.Mitigation Monitoring, Compliance, and Reporting Plan contained in the Final EIR and the final EIS/SEIR. As to any remaining requirement for a statement of overriding considerations that may exist under Section 21081(b), the finding of need for the Project, and 45 .. .. PPSI - l\lITIGA TION MEASURES the discussion that the Project is in the public interest, set forth those overriding considerations. l. CONCLUSION 36. A. Based on the foregoing findings and the information contained in the record, the City Council has made one or more of the following findings with respect to the significant effects of the Project: (i) Changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completed EISISEIR. . (ii) Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency. (iii) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the completed EISISEIR. B. Based on the foregoing findings and the information contained in the record, the City Council has made the following findings: (i) All significant effects on the environment due to the Project have been eliminated or substantially lessened or substantially lessened where feasible. (ii) Any remaining significant effects to the environment found to be unavoidable are acceptable due to the overriding concerns set forth in the foregoing Statement of Overriding Considerations. C. Having conditioned the Project as set forth in the foregoing findings and adopted the foregoing Statement of Overriding Considerations, the City Council hereby approves the Project as conditioned herein. 46