STATE OF CALIFORNIA, PETE WILSON, Governor

PUBLIC UTILITES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

March 19, 1998

Dean Shauers, Project Manager

Pacific Pipeline System, Inc.

12201 E. Arapahoe Road, C10

Englewood, CO 80112

RE: Variance Request #46 - Allow for overnight storage of construction and excavated materials within the right-of-way behind residences, business, and schools along Segment 4B.

Dear Mr. Shauers:

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

• Mitigation Measure V-1, PC3, requires that construction materials and excavated materials be stored more than 50 yards from residences, school, and businesses to protect the public from visual intrusions. Based on inquiries made to PPSI, specific locations along Segment 4B in which Variance Request #46 would apply were identified (see below).

• Given the width of the right-of-way along Segment 4B, excavated spoils must be removed from the right-of-way in order to comply with the 50 yard requirement stipulated by Mitigation Measure V-1. PPSI has estimated that 93 truckloads of excavated material for every 1,000 feet of trench would have to be removed. This removal of spoils and materials would result in increased air quality and traffic impacts associated with the trucking of materials and equipment. In addition, additional storage locations for construction and excavated materials would be required.

• The 1993 EIR classified Segment 4B as VRM Class 3 with low visual sensitivity.

• The following measures shall be implemented:

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

- As proposed by PPSI (February 4, 1998), this variance approval is only granted for the residences, schools, and businesses identified on the following Segment 4B Alignment Sheets:

117M1005 117M1011 117M1018 117M1028 117M1036

117M1007 117M1012 117M1019 117M1032 117M1037

117M1008 117M1013 117M1020 117M1033 117M1038

117M1009 117M1014 117M1024 117M1034 117M1039

117M1010 117M1017 117M1026 117M1035

- Spoil storage within the right-of-way shall be done in such a manner as to not obstruct the line of site of adjacent residences, schools, and businesses. In no case shall a spoil pile exceed five feet in height where residences, schools, or businesses have an unobstructed view of the railroad right-of-way.

- At street crossings, spoils shall be stored away from the road crossings on the back side of bore pits and trench boxes to screen the spoil piles from the driving public.

- As proposed, spoils shall not touch any fences or walls.

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

Spoils storage within right-of-way in accordance with this variance approval shall not to be allowed at any given location for more than 10 days.

Sincerely,

Andrew Barnsdale

Project Manager

cc: R. Borden, ANF

H. Rastegar, Aspen

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