STATE OF CALIFORNIA, PETE WILSON, Governor

PUBLIC UTILITES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

July 30, 1998

Dean Shauers, Project Manager

Pacific Pipeline System, Inc.

12201 E. Arapahoe Road, C10

Englewood, CO 80112

RE: Variance Request #96 - Allow for nighttime construction at the Tuxford Avenue crossing, City of Los Angeles, Segment 3.

Dear Mr. Shauers:

The CPUC and ANF have reviewed the above-referenced request and approve a modified version of your request (nighttime construction from 8:00 p.m. to 5:30 a.m.), based on the following factors:

• In accordance with Mitigation Measure N-1, pipeline construction activities shall occur between 7:00 a.m. and 7:00 p.m., Monday through Saturday (or for a shorter period if stipulated by applicable noise ordinance).

• The City of Los Angeles Department of Transportation approved Transportation Plans for the Tuxford Avenue crossing stipulate nighttime construction from 8:00 p.m. to 5:30 a.m. to reduce traffic impacts resulting from project construction. Approval was granted by CPUC on April 6, 1998 (Variance 50) to open cut the crossing rather than bore it because of the excessive bore pit depth (greater than 20 feet) that would be required. As conditioned under Variance 50, construction at the Tuxford Avenue crossing would be completed within 10 working days.

• Surrounding land uses are industrial in nature. No land use impacts are anticipated with the implementation of the measures noted below.

• The following measures shall be implemented:

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

- All noise complaints received shall be filed immediately with the Los Angeles Police Commission and CPUC Lead Environmental Monitor for consideration. Failure to file any noise complaints shall result in the immediate cessation of construction as granted under this variance approval.

- Prior to the commencement of nighttime construction, 72-hour advance notice shall be provided to all land owners within 300 feet of the site. A copy of the notice shall be provided to the CPUC Environmental Monitor.

- As proposed, 48-hour notice shall be provided to the CPUC Lead Environmental Monitor prior to the commencement of nighttime construction at Tuxford Avenue.

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

Sincerely,

Andrew Barnsdale

Project Manager

cc: R. Borden, ANF

H. Rastegar, Aspen

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