HomeMy WebLinkAboutMINUTES - 12121995 - D9 (3) NVIRONMENTAL IMPACT REPORT
FINAL E
4
:CLOSURE OF �SOLANO WAY .
AT THEA1/ON �REFINERY
r
June 1995
Prepared for
Contra Costa County Community Development Department
Prepared by
t
BASELINE Environmental Consulting
' DKS Associates
Illingworth & Rodkin
Wetlands Research Associates
Donald Ballanti
94237
TABLE OF CONTENTS
page
1 INTRODUCTION 1-1
� 2 COMMENT LETTERS, PUBLIC TESTIMONY,, AND RESPONSES TO COMMENTS 2-1
i
1
INTRODUCTION
1. INTRODUCTION
This document, in conjunction with the Draft Environmental Impact Report (Draft EIR) on the
Closure of Solano Way at the Avon Refinery, published in March 1995, constitutes the Final EIR for
the project. The purpose of this document is to present the comments that were received during the
public review period and to provide responses to comments on the adequacy of the Draft EIR. A
public hearing on the adequacy of the Draft EIR was held in Martinez on 24 April 1995 during the
public review period for the Draft EIR; the public review period began on 24 March 1995 and ended
on 8 May 1995.
During the public review period, a total of 21 letters were received from the public; comments were
also received during the public hearing. Some of the comments on the Draft EIR pertained to the
adequacy of the Draft EIR analysis, while others pertained to the project and its alternatives. In
accordance with the CEQA Guidelines, this document responds to those comments received on the
adequacy of the Draft EIR analysis. Where comments were received on the project and its merits,
the comments are responded to as "Comment noted."
In response to some of the comments received during the public review period, changes have been
made to the text of the Draft EIR. These text changes are described in individual responses to the
applicable comments-, text additions are indicated by underlining and deletions by cross-outs.
r.
94237.fn1-6/15/95
t
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND
RESPONSES TO COMMENTS
r
t
1
1
r
2. COMMENT LETTERS, PUBLIC TESTIMONY, AND
RESPONSES TO COMMENTS
A total of 21 letters were received commenting on the Draft EIR; in addition, comments were
received during the public hearing. The comments within each letter have been numbered
sequentially and the comments from the public hearing have likewise been numbered. The comment
numbers are identified in the margins of the original letters received and the margins of minutes from
the public hearing. All comments received are enclosed in this section and the commentors are listed
below:
Commentor Comment Number
Letters Received from Public Agencies
Contra Costa County Local Agency Formation Commission A]
Contra Costa County Office of Emergency Services A2
City of Concord, Mayor Helen Allen A3
City of Martinez, Councilmember Julian Frazer A4 through A8
City of Martinez, Mayor Michael Menesini A9 through A 17
East Bay Regional Park District A18 through A20
Mt. View Sanitary District A21
California Department of Transportation A22 through A24
Central Contra Costa Sanitary District A25 through A33
Contra Costa County Public Works Department A34
California Governor's Office of Planning and Research A35
Contra Costa Mosquito and Vector Control District A36 through A40
Letters Received from Private Companies, Citizen Groups,
and Members of the Public
Mt. Diablo Audubon Society BI
Clyde Civic Improvement Association, Inc. B2
Avon Refinery Federal Credit Union B3
Wickland Oil Martinez B4 through B6
Ruth Jones and Charles Justin B7 through B9
Hal R. Yaeger, Ph.D. BIO through B25
Gordon, DeFraga, Watrous & Pezzaglia B26
International Technology Corporation B27 through B35
George Kellogg B36
Comments Received at the Public Hearing
Robert Gabriel C I through C2
Julian Frazer C3 through C9
Hal Yaeger CIO through C13
Russell Leavitt C14
94237.fn1-6/15/95 2-1
--
CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION
651 Pine Street,Eighth Floor - Martinez,CA 94553-1229
(510)646-4090 - FAX(510)646-2240
2 fcc
MEMBERS ALTERNATE MEMBERS
Gayle Bishop Dwight Meadows Joseph Canciamilla
EXECUTIVE OFFICER County Supervisor Special Districts Pittsburg City Council
ANNAMARIA PERRELLA Frances Greene Michael Menesini Martin B.McNair
Public Member Martinez Cin,Council Public Member
David Jameson Mark DeSaulnier Susan McNulty Rainey
Special Districts Count Supervisor Special Districts
March 27 , 19 9 5 Gayle B.Uilkema Tom Torlakson
Lafayette City Council CountY Supervisor
TO: James W. Cutler, Assistant Director of
Comprehensive Planning-Community Development Department
FROM: Annamaria Perrella, Executive Officer
SUBJECT: DEIR CLOSURE OF SOLANO WAY AT THE AVON REFINERY
----------COUNTY FILE #10-93-CO
-----------------------------------------------------
Thank you for submitting the subject document to LAFCO for
review.
Al
However, it appears that LAFCO will have no discretionary
approval authority over the project, in tandem with or separate
from that of the Lead Agency. Therefore, I have no comment on
the environmental process .
�1
LG
2-2
r
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
LETTERS RECEIVED FROM PUBLIC AGENCIES
Response to Comment From Contra Costa County Local Agency Formation Commission
Al The comment is noted.
1
i
t
94237.fn1-6/15/95 2-3
CONTRA COSTA COUNTY
OFFICE OF EMERGENCY SERVICES
- 12 AM 11
94 : 17
50 GLACIER DRIVE MARTINEZ, CALIFORNIA 5532
Tel. (510) 646-4461 Pax. (510) 646-1120
J DEPT
April 11, 1995
To: James Cutler, Assistant Director of Comprehensive
Planni 412�
From: Gary Brow7h//i1Wctor
Subject: Draft Environmental Impact Report, Closure of Solano Way
at the Avon Refinery, County File #10-93-CO
With regard to the above subject, this memo is to be considered as
official comment.
I have no objection to the proposed closure of Solano Way between
Waterfront Road and Imhoff Drive/Arnold Industrial Highway as long
as approval of such request is conditioned on Tosco Refining
Company entering into an agreement with the county providing for
three things:
1) Normal or emergency access for personnel from public
agencies, easement holders, right-of-way holders and
other parties for purposes of repairing or investigating A2
or studying possible construction of new utilities.
2) Emergency access, as necessary, by emergency response
agencies such as law enforcement, fire and ambulances.
3) Emergency use by general public traffic as may be
necessitated by an emergency such as a major accident on
or major damage to other public roadways in the area and
as requested by the Incident Commander at the scene of
such emergency.
Specific procedures for gaining emergency access under any of the
above situations must be set forth in such an agreement.
It should be noted that these conditions are similar to those
included in an agreement with the concord Naval Weapons Station
with regard to the closure of portions of Port Chicago Highway,
Waterfront Road and Main Street which run through the Station's
property.
GB:af
cc: Scott Tandy, Chief Assistant County Administrator
2-4
I2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Contra Costa County Office of Emergency Services
A2 The comments are noted. The Director of the Office of Emergency Services requests that the
applicant enter into an agreement with the County to allow normal and emergency access for
certain parties of interest, as well as for emergency response agencies and the general public
during major emergencies, such as freeway accidents. Such specific conditions could be
attached to the approval of the Solano Way vacation, as indicated in Mitigation Measure 4.6-4.
I
94237.fn1-6/15/95 2-5
Crry OF CONCORD Cl FY Cot NCI 1.
1950 Parkside Dviw, %I.S,f0I ift It'll %L AIIL-11.
Concord. California 9 1.,19-2578 it
1 FAX: (510) 798-0636 Colk-cli Coll
NI(Nlallipl
0 Nfi(h;wl A. Pamri(k
OF111cF.OF Itir Nkmlz
I.\mici k,Oil. :m (:Iri k
Tch-pholl": (510) 6-1 1-3 158 Th')III.IS Tlc;1,111,1*
it j I)EP T
May 1, 1995 1 A k,;I I d R..1a I I 1(-N. i I\ M I (-I
1
Mr. James Cutler
Assistant Director of Comprehensive Planning
Contra Costa County Community Development Department
651 Pine Street, North Wing, Fourth Floor
Martinez, CA 94553-0095
Dear Mr. Cutler:
I am writing in regard to the Draft Environmental Impact Report for the closure of Solano Way
at the Tosco Refinery at Avon. The City Council's Committee on Housing and Economic
Development, at their meeting of April 25, 1995, considered the attached staff report relative
to this issue and supports staff's recommendation to forward this letter summarizing comments
and suggestions.
The proposed closure of S61ano Way would occur outside of our City limits. However, it does A3
have an impact on persons wishing to travel to or from the north. The County should study and
consider the necessity and feasibility of providing a replacement road. If Solano Way is closed,
the County should ensure that turn-arounds are constructed at the entrance gates.
The marshlands and waterfront along the Suisun Bay are an environmentally sensitive area that
are studied and enjoyed by many persons. The County should ensure that provisions be made
for the public to access these sites.
The City of Concord urges you to include these suggestions as mitigations to the project.
00
If you have any questions, you may wish to contact Torn Clausen, Director of Engineering &
Transportation at 671-3137.
Sincerely,
Helen M. Allen
Mayor
Attachment
VPITC05
cc: City Council
Edward R. James, City Manager
Torn Clausen, Director of Engineering& Transportation
2-6
AGENDA rrEM NO.���`. _,._
TO COUNCIL COMMITTEE ON
HOUSING AND ECONOMIC DEVELOPMENT
onc,,lor
TO THE HONORABLE COMMITTEE MEMBERS:
DATE: April 25, 1995
SUBJECT: CLOSURE OF SOLANO WAY AT THE TOSCO REFINERY AT AVON
Report in Brief
Tosco Refining Company has requested closure of Solano Way between Waterfront
Road to the north and Imhoff Drive/Arnold Industrial Highway to the south. The refinery
and the proposed road closures are in Contra Costa County. A map is attached. The
roadway bisects the refinery, and the closure is proposed to minimize public health risk for
motorists.
The County has prepared a draft environmental impact report (EIR). Written
comments on the EIR can be submitted until May 8, 1995. The County will hold a public
hearing on April 24, 1995 at the County Administration Building in Martinez to receive
comments on the EIR.
The closure is outside the City limits, but within the sphere of influence. Staff
recommends that the Committee request that the County consider the necessity and
feasibility of providing a replacement roadway,construction of appropriate turn-around areas
at the closure points, and provisions for public access to the marshlands and waterfront along
Suisun Bay.
-Background
The Tosco refinery is bisected by Solano Way. The proposed closure was requested by
Tosco. As stated in the EIR, "The purpose of the proposed closure of Solano, Way is to
eliminate public exposure to unsafe road conditions on and along Solano Way and
Waterfront Road and to eliminate public exposure to the operation of the Tosco Avon
Refinery complex." The roadway is narrow (22 to 30 feet of pavement with no shoulders),
with poor sight distance. The EIR states that based on tidal data, there is flooding an
average of 20 times per month on Waterfront Road during winter rains with high tides.
There are a number of incidents each year at the refinery which requires closing the
gates to the refinery. Traffic backs up on Solano Way during these gate closures. For
example, during April through December 1994, traffic was delayed significantly on 24
occasions, with public through traffic delayed an average of 20 minutes.
2-7
Closure of Solano Way at the Tosco Refining Company Refinery at Avon
April 25, 1995
Page 2
.� The traffic volume on Solano Way was 4,400 daily trips in 1994. The EIR states that
few of these trips are through trips, with most of them destined to and from the refinery.
In 1993 and 1994, Waterfront Road north of Solano Way was closed to through traffic while
1 a bridge was reconstructed. The traffic volumes shifted to the south to access the refinery.
Counts taken for the EIR after the reopening of the bridge did not show any overall increase
in traffic on Solano Way.
Discussion
The proposed closure of Solano Way would occur outside of the City limits. The
primary concern is access for persons wishing to travel to or from the north. With the
previous closure of Port Chicago Highway by the Naval Weapons Station in February 1995,
Solano Way is the only north-south road in the area.
Access for the marshlands and waterfront would be possible with Tosco providing a
means to travel on the roadway through the refinery area. However, other access for
through traffic will not be possible except for emergency situations. Through traffic currently
using Solano Way would need to shift to other existing roads, primarily Interstate-680. This
shift could be inconvenient for motorists who currently use Solano Way as a through way.
The project includes other proposed changes to the County General Plan. These
changes are noted on the attached map from the EIR. The primary change is the closure
of Solano Way.
The EIR includes provision for public access through the gates for emergency situations
and for persons wishing to visit the marshlands and waterfront of Suisun Bay. It is not clear
in the EIR that turn-around areas would be provided. Separate from the project but
included in the EIR is consideration of an alternate road. The EIR does not consider this
alternative as required mitigation.
Staff recommends that the County and proponents (Tosco) give the matter of an
alternative roadway proper study and consideration. In addition, staff recommends that
adequate turn-around areas be provided, emergency access be guaranteed and access to the
marshlands be provided. All these issues should be placed as conditions of approval on the
proponents.
lFiscal Impact
There is no direct fiscal impact of this project.
Public Contact
The posting of the Committee meeting agenda provides information to the public. The
EIR process by the County also includes public notice and public hearings with the
opportunity to comment on the draft EIR.
2-8
Closure of Solano Way at the Tosco Refining Company Refinery at Avon
April 25, 1995
Page 3
Alternative Courses of Action
The Committee may wish to take no action, to make comments or to request that staff
provide comments to the County on the draft EIR.
Recommendation for Action
' Staff recommends that the Committee request that the County require adequate study
and consideration of the necessity and feasibility of a replacement roadway, ensure the
construction of turn-around areas, and ensure that there are provisions for public access to
the marshlands and waterfront along Suisun Bay.
/G
Edward R. James Tom Clausen
City Manager Director of Engineering & Transportation
Enclosures: Map of the area from the EIR
I
V PO4TC04
2-9
tl I-
cn �+
cn
400,
o
00
01
10
AO
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From City of Concord
A3 The City of Concord is a responsible agency under this EIR, and could use the EIR analysis
' if the City decides to adopt modifications to the Concord Transportation/Circulation Element
of the General Plan. The City requests that turnarounds be constructed at the gates, if Solano
Way is closed. Design plans for the gate areas have not been prepared by the project proponent.
However, it is common practice to provide a turnaround area outside any constructed gate so
that drivers are not "trapped." Alternatively, if the gate station is to be staffed 24 hours per
day, the turnaround could be constructed just inside the gate. This is a engineering detail that
could be handled at the time that the gate design is approved by the County. The City also
requests that the marshlands and waterfront along the Suisun Bay remain accessible by
members of the public. This issue is addressed in Mitigation Measure 4.1-3.
94237.fn1-6/15/95 2-11
April 24, 1995
Zoning Administrator
Contra Costa County
651 Pine Street
Martinez, CA 94553
To County Zoning Administrator:
I have concerns with the Draft EIR on the .closure of Solano Way.
1. The EIR does not address the impacts of the loss of a sub- AA
regional connector road for intercity trips between Martinez
and the Concord area. j
2 . The EIR does not address the impacts of the loss of an 7
alternative emergency access road for Martinez residents. A5
3. Mitigation measures to the impacts related to the concerns
stated above should not be addressed through the proposed
extension of Waterbird Way. We have concerns with the impacts A6
of the proposed Waterbird Way extension which include exposure
of people to hazardous materials and loss of wetlands.
4. The results of the traffic study taken during the closure of
the Pacheco Creek Bridge should not be used as an accurate A7
measure of the traffic demand on Solano Way.
The closure of roads is a sensitive issue and affects all the
communities within the area. The closure of roads and loss of
public access through the site could allow for increased operations
of the facility as we have seen with the recent closure of another .
road in the county. The closure of that road has led to the
potential for an expanded nuclear waste site.
A8
There is a great public concern with the closure of Solano Way. I
have been asked by a number of constituents to convey this concern.
This is only a partial list, further comments will be submitted by
the Martinez City Council, which they will be considering at the
May 1, 1995, Council meeting.
Sincerely,
Julian Frazerj'
Martinez Councilmember
qrto
C-7 A
2-12
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Julian Frazer, Martinez Councilmember
A4 The DEIR notes that the closure would eliminate an available route between the Benicia Bridge
and the Bates Avenue industrial area of Concord (page 4.9-42). This is the same route that
would be used for intercity travel between the north end of Martinez and the northeast portion
of Concord. However, as noted in the DEIR, few vehicles are projected to use Solano Way
in the years 2000 and 2010 as a through-route. The transportation analysis indicates that only
150-180 vehicles are projected during the PM peak hour on Solano Way. Therefore significant
impacts on traffic level of service were not identified as a direct result of the closure to through
traffic.
A5 As noted in the project description, the Project Proponent proposes to make Solano Way
available as an alternate route in the event of emergencies such as closure of I-680. In these
cases, Solano Way would be available to Martinez residents. Under the Waterbird Way
alternative, Waterbird Way would be available as an alternative route.
A6 The comments are noted. Impacts and Mitigation Measures 4.6-1 and 4.6-2 in the DEIR
address the issue of potential exposure of Waterbird Way extension construction workers to
hazardous materials (also refer to Response B27, which augments the discussion under the two
impacts.) Impacts and Mitigation Measures 4.5-1 and 4.5-5 address the issue of impacts to
wetlands along the proposed Waterbird Way extension.
A7 The existing traffic demand on Solano Way was measured by traffic counts. Projections of
traffic demand in 2000 and 2010 were made using the Contra Costa Traffic Authority's
Central/CMP model (see page 4.9-28 of DEIR for description). The traffic study taken by
others during closure of the Pacheco Creek bridge was only used to infer the extent to which
through traffic uses Solano Way under existing conditions.
A8 The comments are noted.
94237.fn1-6/15/95 2-13
Ile
City of Martinez
525 Henrietta Street, marfinez, CA 94553-2394 (415) 372-3505
FAX (415) 372-0257
18 7 G
May 5, 1995
UCn
ri
Zoning Administrator '<' =j. C-
Contra Costa County
651 Pine Street
Martinez, CA 94553
Dear Zoning Administrator:
co
The City of Martinez has the following comments on the Draft EI&Oon
the closure of Solano Way.
1 . The EIR does not address the impacts of the loss of a sub-
regional connector road for intercity trips between Martinez A9
and the Concord area (If an alternative route is not
constructed) .
2 . The EIR does not address the impacts of the loss of an
alternative emergency access road for Martinez residents. For
example, during periods of freeway congestion, Martinez AlO
residents can use Solano for access to Mt. Diablo Hospital .
3. The City is opposed to the extension of Waterbird Way due to
the impacts of such extension including exposure of people to
hazardous materials; loss of wetlands, woodland and riparian
habitats and other environmentally sensitive lands. This
alternative should not be listed as a mitigation measure for All
impacts created by the closure of Solano Way. The EIR should
also discuss the impacts of this alternative on property
values in Vine Hill and Blum Road. 1
4 . Impact 4 . 1-3 . Mitigation measures should require that the
applicant fund the cost of patrolling Waterfront Road from
Highway 680 to the new gate since this impact will affect the
entire length of Waterfront Road from 680 to the east. If a Al2
new gate is constructed to the west of the existing gate, a
mitigation measure is needed to require access for bicycles
from the Walnut Creek channel regional bicycle route.
5 . Impact 4 .9-14 indicates elimination of the only north-south
bicycle route east of Pacheco Boulevard and Impact 4 .2-3
approval of General Plan amendment to vacate Solano Way which
would amend planned bicycle lanes, riding and hiking trails A13
and other open space resources and recreation facilities .
Mitigation measures should require contribution towards or
construction of the planned trail along the Walnut Creek
channel along with a bicycle lane and access for bicycles
along the closed portion of Waterfront Road between the Walnut
Creek channel and Solano Way.
2-14 MICHAE'l, N1. INIENLSIN1. MAYOR
6 . The traffic study should include a review of potential through
trips from Martinez to Concord during the construction of the A14
Benicia Bridge and toll plaza. j
7 . The EIR should discuss the economic impacts on downtown -1
Martinez. A15
-i
8. Would the lack of public access to this area make it easier -I
for one of the industrial sites to be used for hazardous waste A16
treatment? J
9 . Tosco should investigate the alternative of building their own -I
private road circulation system parallel to and over/under A17
Solano Way, similar to what Shell has near Marina Vista.
Sincerely,
X.
Michael Menesini
Mayor
c: Rick Bruno
cdd:Ltr-ccc-soLanowaycLosure
2-15
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From City of Martinez
A9 Refer to Response A4.
A10 Refer to Response A5. If the closure of Solano Way is approved, during periods of congestion
on the area freeways (SR 4 and I-680), Martinez residents traveling to Mt. Diablo Hospital
could use other alternative routes such as Pacheco Boulevard to Concord Avenue.
All The comments are noted. Refer to Response A6. Regarding impacts related to loss of property
values in the Vine Hill and Blum Road neighborhoods, refer to Response B18.
Al2 Regarding Mitigation Measure 4.1-3, refer to Response B6. Regarding access to bicycles
through the proposed gate on Waterfront Road, Mitigation Measure 4.1-3 requires the applicant
to provide recreation access to the marshlands for persons arriving by car or other means.
A13 Mitigation Measure 4.2-3(a) addresses the possibility of the applicant contributing to the costs
of constructing the multi-use trail along the Walnut Creek Flood Control Channel. Note that
the applicant, Tosco Refining Company, has already been required as a condition of approval
of the Clean Fuels Program to donate $ 75,000 toward planning and engineering cost of the
multi-use trail. As indicated above in Response Al2, Mitigation Measure 4.1-3 requires the
applicant to provide public access, including bicycle access, through the gate on Waterfront
Road to the marshlands areas.
A14 According to Caltrans(Emil Miranda, 1995,Associate Transportation Engineer,Design section,
Caltrans, Region 4, telephone conversation with Mike Kennedy of DKS Associates, June 25),
existing lanes on I-680 will be maintained during all peak periods while construction of the
second Benicia Bridge and new toll plaza is taking place. Therefore, no additional through
trips from Martinez to Concord on local streets are anticipated during construction of the new
bridge and toll plaza.
A15 The DEIR has identified no environmental impacts on downtown Martinez due to
implementation of the project or the alternatives. As noted in Response B18, the California
Environmental Quality Act (CEQA) Guidelines specifically state that "economic or social
effects of a project shall not be treated as significant effects on the environment" (Section
15131(a)).
A16 The question regarding whether lack of public access in the Solano Way area could make it
easier for a hazardous waste treatment facility to be located there is speculative and cannot be
analyzed in this DEIR. The applicant, Tosco Refining Company, has not indicated any plans
' to seek or allow additional uses, such as hazardous waste treatment facilities, on their
properties.
94237.fn1-6/15/95 2-16
' 2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
A17 Neither the applicant,Tosco,nor Contra Costa County staff have indicated that the construction
of an additional circulation system of roads that does not intersect with Solano Way at-grade
1 is a feasible possibility, so this was not studied as an alternative in the DEIR.
94237.fn1-6/15/95 2-17
REG10NAL (*.J`1'; .. I 1�%_K
P- A.
10
EAST SAY REGIONAL - PARK DISTRICT
0EPT
May 5, 1995
Mr. James Cutler
Contra Costa County Community
Development Department
651 Pine Street
Martinez, CA 94553
Subject. DEIR For The Closure Of Solano Way
Dear Mr. Cutler:
The EBRPD has reviewed the subject document and offers the following comments:
The EBRPD recognizes the necessity of the Waterbird Way extension to have to cross a small portion of its
lands commonly known as the "Shell Marsh". Since there is the possibility of regional trail development within A18
that right-of-way, this prospect would not constitute a significant adverse impact upon regional park and
recreation facilities. However, The EBRPD should be identified as a responsible agency which would have to
' rely upon the subject EIR as it considers an encroachment permit for this project.
Additionally EBRPD wishes to insure that the proposed public access improvements to the Shell Marsh along 7
Waterbird Way be covered as part of this project. Another letter will be sent under separate cover which A19
addresses these concerns in detail. 7
The EBRPD strongly supports the portion of mitigation measure 4.2-3 which relates to a financial contribution
towards the development of a regional trail along the Walnut Creek Flood Control Channel. It will be pleased to
cooperate with the county and the applicant towards this objective. With respect to the portion of this mitigation
measure relating to baseball fields, it is not clear to the EBRPD how this would relate to the potential for A20
adverse impacts a planned regional trail system.
The EBRPD appreciates the opportunity to review and comment upon the subject document.
Very truly yours,
r
T.H. Lindenmeyer
Environmental Coordinator
ds
C:
295h
2-18
' 2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From East Bay Regional Park District
A18 The plans for the Waterbird Way extension (Alternative 1), western alignment, that were
developed by Bellecci Associates indicate the need to intrude into a small portion of the East
Bay Regional Park District property. The new roadway would need to traverse through the
hillside immediately west of the current Waterbird Way/Arthur Road intersection,if the western
alignment were chosen. The marshland portion of the property should not be affected. The
seventh "bullet" under the list of"Required Approvals" at the end of Chapter 3 is modified as
follows:
Approval by the Contra Costa Water District aiid/e , Central Contra Costa Sanitary
District, or East Bay Regional Park District (if the project or any approved alternatives
required encroachment or acquisition of agency rights-of-way)."
A19 The comment refers to a second letter from the agency which discusses public access
improvements to the Shell Marsh, which are not a part of the "project" that is analyzed in this
DEIR.
' A20 Mitigation Measure 4.2-3 addresses the loss of regional recreation opportunities (trails) if
Solano Way were closed to the public. The measure states that the applicant could be required
to contribute toward the cost of constructing the planned multi-use trail along the Walnut Creek
' Flood Control Channel or,alternatively,could ensure the long-term use of the existing ballfields
located on Tosco property by members of the public, such as through an easement. The EIR
preparers believe the provision of public recreation facilities such as the ballfields could help
1 to mitigate for the loss of bicycle or other public access along Solano Way or through the
Tosco property.
94237.fn1-6/15/95 2-19
X VIEW
SANITARY BISTRI T
' SERVING CONTRA COSTA COUNTY SINCE 1923
-33 p1m 09
,.
SANITARY DEPT
DISTRICT
' MARTINEZ.CA.
FORMED 1923
May 5, 1995
Contra Costa County
ARD OF DIRECTORS Community Development Department
STANLEY R.CALDWELL 651 Pine St, North Wing-Fourth Floor
FRRTHURJ.CASTRO Martinez, CA 94553-0095
NEST D.PASLEY ATTN: James Cutler
EGORY T.PYKA
DOROTHY M.SAKAZAKI
I[AVIDCONTRERAS RE: Draft environmental impact report-- "Closure of
TRICT MANAGER Solano Way at the Avon Refinery", County file 410-93-CO
SHERI L GADD
myCRETARY
AVID J.LEVY Dear Mr. Cutler:
ATTORNEY
JANDOLPH W.LEPTIEN The Mt. View Sanitary District manages a portion of the
ENGINEER Shell marsh adjacent to Waterfront Road and the western
end of Waterbird Way. It jointly manages the whole of
the wetlands with the East Bay Regional Parks District,
California Department of Fish and Game and Contra Costa
Mosquito and Vector Control . Impact 4 . 5-12 (Alt 1)
' implies an affect on the wetlands wildlife in Shell
Marsh only along Waterbird Way.
The District is concerned that mitigation measures A21
' (Mitigation 4 . 5-12) do not adequately address the impact of
increased traffic along Waterfront Road from its junction
with Waterbird Way west to the junction of Waterfront Road
and the Marina Vista-I680 freeway offramp. The mitigation
proposes native shrubs to blunt noise only along Waterbird
Way, but the study alternatives predict increased traffic
on Waterfront road also. The increased traffic, much of it
' trash collection trucks and private vehicles hauling trash
to the transfer station, will increase litter and
opportunity for vandalism along Waterfront Road as well as
' along Waterbird Way. Wildlife may ingest the litter or
become entangled with litter. Vandalism, trespass and
illegal hunting all may increase with the increased
traffic.
WBWEXTN.DOC
' P.O. BOX 2757 MARTINEZ, CA. 94553 PHONE (510) 228-5635
OFFICE LOCATION AT END OF ARTHUR ROAD 2-20
NTs.-VIS W SANITARY AISTRICT
SERVING CONTRA COSTA COUNTY SINCE 1923
AIt IAV I�Mn
NITARY May 05, 1995
DISTRICT Page 2
MARTINEZ.
Z.CA.
FORMED 1923
The Mt. View Sanitary desires that the above issues be
investigated and mitigation measures proposed for the A21
impacts.
Sincerely,
MT. VIEW SANITARY DISTRICT
David R. Contreras
District Manager
DRC/sg
11B1r,'EXT1q.DOC
P.O. BOX 2757 MARTINEZ, CA. 94553 2-21
OFFICE LOCATION AT END OF ARTHUR ROAD
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
' Response to Comments From Mt. View Sanitary District
A21 The DEIR transportation analysis does not indicate that a significant increase in traffic levels
' along Waterfront Road between Waterbird Way and the 1-680 freeway would occur as a result
of the project(the closure of Solano Way). Rather,the DEIR transportation modeling indicates
that future year 2010 traffic levels along Waterfront Road would be lower if the road closure
' occurred compared to the No Project alternative (no closure of Solano Way). Thus, the
Proposed Project should not be responsible for mitigating impacts. The responsibility belongs
with other cumulative growth in the area, such as increased truck traffic to and from the Contra
' Costa Recovery and Transfer Station. The Permanent Transfer Station was approved by Contra
Costa County under a separate permit. Figure 4.9-13 indicates that existing 1994 traffic on
Waterfront Road is 490 vehicles per hour in the evening rush hour; in 2010, under the No
' Project scenario, traffic is projected to rise to 1,030 vehicles, due to cumulative growth in the
region, including haulers to and from the Transfer Station. Under the Proposed Project (if
Solano Way were closed),the 2010 traffic levels are expected to be only 670 vehicles per hour,
' less than the No Project scenario.
' 94237.fn1-6/15/95 2-22
U5/USr'M5 15:1U la5lu WOO ;D010
STATE OF CAUFORNIA-41USINESS, TRANSPORTATION AND HOUSING AGENCY PETE WLSON, Gommor
[)EPARTMENT OF TRANSPORTATION
BOX 23660
OAKLAND, CA 94623-066
(510) 2W-"U a .
MD (510) 286--0454
May 8,1995
CC-004-13.7
SCH4#93101102
CCO04383
Mr. James W. Cutler
Contra Costa County Community Development Dept_
651Pine Street, 4th Floor,North Wing
Martinez, CA 94553-1296
RF-- Draft Envirorunental Impact Report on the Closure of Solano Way at the
Tosco Avon Refinery
Dear Mr. Cutler.
Thard-, you for including the California Department of Transportation
(Caltrans) in the early environmental review process for this project. We have
reviewed the above referenced document and have limited our comments on the
proposed project and Alternatives I (Waterbird Way Extension) and 3 (Upgrading
Solano Way):
A22
The proposed closure of Solano Way between Waterfront Road and Imhoff
Drive/Arnold Industrial Way would eliminate an essential link between SR 4 and
Marina Vista./Waterfront Road and a direct alternate route to 1-680.
After evaluating and comparing the two alternatives, we believe that Alt. 3 ,
after.the stated improvements, would be preferrable' over AILI for the fallowing
reasons-, # improve circulation/operation
0 accommodate future traffic growth
* less noise and visual impads on residential areas
& no impacts to.wetlands
* provide direct alternate route to 1-680 (less right angle turns)
On Daae 4.9-29, under Truck Volume Adjustments, the data for peak hour
trips for the years 2000 and 2010 seem inaccurate,specifically paragraph 5 which A23
states ".-by users—and 4,380 350 FM peak hour trips."
2-23
V-D/VO/VO 1J: LV J1V �vv ��i� •-.•-- - -
Cutler/C00041383
May 8,'995
Page 2
On Page 2-17,under Transportation, Impact 4.9-1, "...SR 4 westbound off- A24
ramp" should read, "...SR 4 eastbound off-ramp". Same correction applies to J
NRtigaiion Measure 4.9-1.
Caltrans appreciates the opportunity to review this Draft EIR and looks
forward to receiving a copy of the Final EM Should you have any questions
regarding our comments,please call Melinda Pagaduan of my staff at(510) 286-5544.
Sincerely,
JOE BROWNE
District Director
PH[LLIP BADAL
District Branch Chief
IGR/CEQA
cc Mike.Chiariatti, SCH
Craig Goldblatt,MTC
Patricia Perry,ABAG
2-24
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Caltrans, District 4
A22 The comments are noted. Caltrans believes Alternative 3 (the upgrade of Solano Way) is the
preferable alternative. The DEIR (page 4.9-42) notes the loss of an alternate route for
circulation in the area and for through-trips if Solano Way is closed to through traffic. Traffic
projections do not indicate the potential for diversion of traffic from I-680 under average
weekday conditions. During freeway incidents (e.g., traffic accident on I-680), Solano Way
would be available as an alternate route.
The DEIR also discusses the potential impacts on freeway traffic volumes under the various
study alternatives (pages 4.9-36 and 4.9-54). Closure of Solano Way to public through traffic
would result in slightly higher levels of freeway traffic than the other alternatives.
A23 The text in the DEIR on page 4.9-29 has been corrected to read: "... and 4,3$9 350 PM peak
hour trips."
A24 Impact 4.9-1 has been corrected to indicate "SR 4 westbetind eastbound off-ramp"; Mitigation
Measure 4.9-1 has been corrected to indicate "SR 4 wed eastbound off-ramp."
94237.fnl-6/15/95 2-25
Central Contra CostaI,Sanitary District
5019 Imhoff Place,Martinez,Califomia 945534392�
.22&9500 676-7211
(510)
HPT
ROGER J.DOL LN
May 8, 1995 Generul jvfanuqer
Chief Engineer
KENTOX I...101
Counsel for the Oistrict
(.5100.18-1430
Contra Costa County JOYCEE..11171PHY
Community Development Department Secretary ofthe District
651 Pine Street
North Wing - 4th Floor
Martinez, CA 94553-0095
ATTENTION: MR. JAMES W. CUTLER
Ladies and Gentlemen:
COMMENTS ON THE DRAFT EIR FOR CLOSURE OF SOLANO WAY AT THE AVON
REFINERY, MARCH 1995; COUNTY FILE #10-93-CO
The Central Contra Costa Sanitary District is an affected property owner and a public
service provider within the project area. As such, we have the following comments on
the Draft EIR for this project.
GENERAL
1. According to page 5-8 of the Draft EIR, the proposed project has only one
unavoidable significant adverse impact: "Loss of Solano Way as a bicycle route A25
and loss of planned (but not constructed) east-west hiking and riding trails north
of Mallard Reservoir (Proposed Project)."
Project alternatives should be capable of either eliminating any significant
level of insignificance. :Alternative 1
environmental effects or reducing them to a I I -
(Waterbird Way extension) actually creates more unavoidable significant adverse
impacts than it resolves; as such, it should be eliminated from further consideration
as a project alternative. Alternative 1 neither mitigates nor reduces the loss of
bicycles access along Solano Way and to the area north of Mallard Reservoir. A26
Meanwhile, this alternative produces three additional unavoidable significant
adverse impacts (pp. 5-8 and 5-9):
0 damage or loss of life due to ground shaking during a strong seismic event;
0 exposure of workers and members of the public to potential releases of
hazardous materials; and
2-26
Wold,J Paper
Contra Costa County
Community Development Department
Page 2
r May 8, 1995
�i
• exposure of some Vine Hill residences to a future outdoor Ld,, noise level of
60 dB or more, with an increase of more than 3 dBA. A26
As further evidence of its inappropriateness as a project alternative, the Waterbird
Way extension was not even considered to be the environmentally preferred
alternative. The proposed project alone was superior to this alternative. _
2. The level of detail for the Alternative 1 (Waterbird Way extension) alternative is
only sufficient at most for a program-level analysis and not for approval of this
alternative. This alternative lacks sufficient alignment details to determine site-
specific impacts. Also, the Draft EIR repeatedly identifies as mitigation the need
to conduct future geotechnical and biological studies that may significantly alter the
alignment of the Waterbird Way extension. Such mitigation is inappropriate since
it requires post-approval formulation of a mitigation plan without commitment to A27
satisfying a performance standard that would avoid any significant effects. See
Oro Rho Gold Mining Corporation v. County of El Dorado (3d Dist. 1990) 225
Cal.App.3d 872, 884-885 [274 Cal.Rptr. 7201 and Sundstrom v. County of
Mendocino (1st Dist. 1988) 202 Cal.App.3d 296 [248 Cal.Rptr. 3521.
At this point, the Draft EIR analysis only seems to provide sufficient environmental
analysis and evidence to warrant removal of the Waterbird Way extension from the
County General Plan. The District anticipates that the site-specific impacts of a
Waterbird Way extension will be addressed in a separate project EIR if the County
is interested in approving this new roadway.
' LAND USE
3, Pages 4.1-5, 4.1-12: The Draft EIR fails to identify that the District's Maltby
Pumping Station is located southwest of Henry's Wood Farm along the gravel road
extension of Central Avenue. This pumping station transports wastewater from the A28
City of Martinez to the District's wastewater treatment plant south of the AT&SF
railroad tracks. The potential for conflict with this critical facility should be noted.
4. Page 4.1-9: The Draft EIR fails to identify that the District has existing easements
and pipelines which run through the IT property. These pipelines transport
wastewater and landfill gas into the District's treatment plant and recycled water A29
and treated effluent out of the plant. As noted under Impact 4.1-9 on page 4.1-33,
the District is very concerned about potential conflicts between a Waterbird Way
extension and these pipelines.
2-27
Contra Costa County
Community Development Department
Page 3
� May 8, 1995
5. Pages 4.1-15, 4.1-33: The Draft EIR fails to identify and discuss the impacts of
Alternative 1 on the numerous petroleum pipelines/easements and the PG&E high
voltage transmission lines/easement which criss-cross the former Lagiss property.
The District has spent over $5 million for buffer zone land in the vicinity of possible
Waterbird Way extension alignments. The extension of Waterbird Way would run
contrary to the District's ongoing efforts to create a buffer zone adjacent to the A30
treatment plant to protect neighboring, sensitive land uses from the potential
nuisances associated with wastewatertreatment plant operations. Specifically, the
extension would require County acquisition or use of District property, potentially
including portions of the former Lagiss parcel or the unpaved road along the west
side of wet weather storage basin C (the access road to IT ponds). Depending on
the alignment, the extension could sever District property, limiting District access
and making the property unavailable for potential future facilities or uses
�! 6. Page 4.1-34 (Mitigation Measure 4.1-9): Odor impacts from the District's holding
basins could produce a significant impact if broadening the exposed population
produces pressures to limit the use of these essential facilities. This is why the A31
District paid over $5 million to add the former Lagiss property to the buffer zone
■� around the treatment plant. Also, the District expects to be compensated for the
loss of any District property.
GEOLOGY
7. The Draft EIR does not address Alternative 1's potential impact of heavy
construction vehicles traveling across and working over District wastewater, A32
recycled water,and treated effluent pipelines which pass through the IT Baker site.
These pipelines are located in highly compressible bay muds and are susceptible
to damage if precautions are not taken to protect them.
TRANSPORTATION —�
8. The Draft EIR fails to discuss the impacts of roadway construction traffic for A33
Alternative 1 . —1
2.28
�t
Contra Costa County
Community Development Department
Page 4
May 8, 1995
Thank you for your consideration of these issues. For more information on these
comments, please contact me at (510) 229-7255.
Sincerely,
Russell B. Leavitt, AICP
Planning Assistant
RL/ns
2-29
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Central Contra Costa Sanitary District
A25 The comment is noted.
A26 The comments are noted.
A27 The level of planning and engineering detail provided in the DEIR for Alternative I (the
Waterbird Way extension) may not be adequate to allow this DEIR to serve as a project EIR
r. for that project. If Contra Costa County proceeds with more detailed planning for the
Waterbird Way extension, additional environmental analyses may be required.
A28 The preliminary roadway drawings prepared by Bellecci Associates for the Waterbird Way
extension indicate that the Central Sanitary District's Maltby pumping station near Henry's
Wood farm is located approximately 175 feet from the proposed bridge, which would be
required if the eastern alignment was chosen. No potential land use impacts are anticipated.
A29 The text in the sixthparagraph under Impact 4.1-9, page 4.1-33, has been modified as follows:
"...In
...In addition,CCCSD staff is concerned about potential impacts with the important wastewater
pipelines serving the Martinez area,which enter into the treatment plant from the north through
the IT Baker property. These pipelines transport wastewater and landfill gas into the district's
treatment plant, and transport recycled water and treated effluent out of the plant (Leavitt,
1994).
A30 The setting text description in the third paragraph under"Central Contra Costa Sanitary District,
on the top of page 4.1-15 of the DEIR, has been modified as follows:
"In the late 1980's CCCSD purchased the hillside parcel to the west of the holding ponds, the
Lagiss property, to prevent future development of the parcel and to provide a buffer zone
between the holding ponds and the Blum Road residential area. This parcel is currently
undeveloped and the district has no plans to develop it (Leavitt, 1994). The property is
traversed by several petroleum pipeline easements and by Pacific Gas and Electric high voltage
• transmission lines."
In developing the preliminary drawings for the proposed western alignment of the Waterbird
Way extension,Bellecci and Associates assumed that the PG&E transmission wires would have
to be relocated to accommodate the new bridge.
A31 The comments regarding odor impacts related to operation of the Central Contra Costa Sanitary
District's holding basins are noted. The comment regarding the need to compensate the District
for the loss of any of its land to accommodate construction of the proposed Waterbird Way
extension is also noted.
94237,fn1-6/15/95 2-30
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
A32 Impact 4.3-5 in the Geology section of the DEIR states that operation of heavy equipment in
saturated fine-grained sediments(e.g.,Bay mud)while constructing the bridge in Reaches 7 and
8 of the Waterbird Way extension could exceed the carrying capacity of the sediments,
damaging equipment or damaging surface soils. The accompanying Mitigation Measure 4.3-5
requires preparation of a detailed geotechnical investigation prior to project construction,
including recommended siting and design criteria for construction that is proposed in areas
susceptible to loading-induced failure.
A33 Impact 4.10-3 in the Air Quality section, and Impact 4.11-3 in the Noise section, discuss
construction-related traffic impacts for all of the alternatives.
94237.fn1-6/15/95 2-31
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNT, O I°� ��' 00
DATE: May 8, 19
95
TO: Jim Cutler, Community Development Department
FROM: ru h r Ba lenger, Senior Civil Engineer, Transportation Engineering
SUBJEC Solano Way Relocation and Extension of Waterbird Way Draft EIR
The Transportation Engineering Division of the Public Works Department has reviewed the Solano
` Way Relocation and Extension of Waterbird Way Draft EIR and provides the following comments for
your consideration.
The Draft EIR Project Description indicates that "the Project" includes one or more amendments to
the Roadway Network Plan in the Transportation and Circulation Element of the Contra Costa County
General Plan. As specified in the DEIR, this would include revising the Roadway Network Plan to:
(1) remove Solano Way as an arterial, (2) remove three not yet constructed collector roads between
Solano Way and Port Chicago Highway, and (3) remove Waterfront Road between Hasting's Slough
and Solano Way corresponding with the gate relocation which is included with "the Project". Will
these amendments also include designation/classification and alignment modifications to other major
roads in the project area as part of an area review or update? The magnitude of the proposed Road
Network revisions with this project warrants a review of the major roads in the North Concord/Martinez
area to assure that all pertinent revisions in the area circulation are updated in the General Plan. The A34
following modifications to the County Roadway Network are recommended:
• Avila Road, Evora Road and Waterbird Way extensions should be added or revised to reflect
the current preferred alignments. -
• Revise classification and designation of Port Chicago Highway from an arterial to a collector
to reflect current changes in circulation.
• Remove Waterfront Road from the Roadway Network Plan between the Navy gate and
Waterbird Way.
Revise designation and alignment of Waterbird Way to reflect the selected alternative.
• 9 9
• Any other Road Network changes which have recently occurred in the North Concord/Martinez
area.
We appreciate this opportunity to comment.
HB:MH:eh
gAranseng\mh%SolanElRA5
cc: J. Bueren,Transportation Engineering
L.Tunison,Transportation Engineering 2-32
.�; F. Lee,Transportation EngirUeering
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Contra Costa County Public Works Department
A34 The engineer from the Public Works Department has recommended several specific changes
that should be adopted for the existing County Roadway Network Plan in the North
Concord/Martinez area. The recommendations are noted.
The DEIR is a regional transportation analysis that examines impacts related to the closure of
Solano Way, the construction of two alternative roadways, the upgrading of Solano Way, and
several associated changes to the Circulation Elements for Contra Costa County and the cities
of Concord and Martinez. The DEIR describes the functional classifications, and existing and
projected traffic levels on all the roadways in the North Concord/Martinez area. The DEIR did
not identify significant environmental impacts related to the modification of roadway
classifications such as deleting portions of Waterfront Road from the County Roadway Network
Plan or changing the designation of Port Chicago Highway from an arterial to a collector status.
The FEIR can be used as the environmental documentation for modifications to the Circulation
Elements by the County, as well as by the Cities of Concord and Martinez, should they decide
to initiate modifications as a result of this regional transportation study.
94237.fni-6/15/95 2-33
Notice of Completion Supplementary Document M S"NOTE 6910.
Mail to:State Clearinghouse,1400 Tenth Strect.,Seeratnento,CA 95814 916/445.0613 SCH 0 .7/O//02- I
project Title,Closure of Solano Way at the Avon Refinery, County Fi-re-MU--737,0
LesdAgency: Contra Costa County Community Develonntent Depicontactpenon: Jim Cutler
Street Address: 651 Pine Street, N. Wing - 4th Floor - phone: M0T646-2035
City: -- Martinez zip: 94553-0095 County, Contra Costa
-----------------------------------------
Project Location
C,,,,y,. Contra Costa City/Newest Community: Concord/Martinez
Crossstreets.-Iiaterfront Road & Arnold Industrial Evy, Zipcc&- 94553 Total Acres:
Assessor's P&rcWNo,public right of way Section:_ Twp.T2N Range: R2W Dam:
Within 2 Miles: state Hwy#:1-680 & SR4 Waterways:Suisun Bay
Airports: Railways: AT&SF, So. Pac. Schools.
- --------------------------------O-------
Document Type
CEQA: []NOP 0 Supplenton"Sub�s PA: C)NO1 Other: oint Document
0 Early Cow 0 EIR(Prior SCH N ❑EA 0 Final Docurnent
0 NeS Doe 00thi tip ❑Draft EIS 00thw_
_)K"'&hE]lt 1rtQ1j"rD OFONSI
___
-----------
——————— - --fit
-# 91 —— - —————————————————
Local Action Type . SlArt 44
❑General Plan Update 0 specific 06;G, Annexation
General Plan AnierArnatt 0 Master❑ Plan "OUSE zone Redevelopment
0 General Plan Elarient 0 Plawmnumn&dl Unit Use Permit [3 Coastal Permit
0 Community Plan 0 Site Plan E Q Land Division(Subdivision, 0 Other
Parcel Map,Traa Map.etc.)
-----------------------------------------
Development Type
[D Residential: Units Acres ❑Water Facilities: TW MGD
0 Office; Sq ft. Acres E-;,Lpye-�-- 0 Transportation: TW����
0 Commercial:Sq/t. A Mipwrat
-s7
Sq,/t. Acres
0 Industrial: F ploye-r 0 Mining:
[-]Power: TypeWorts
Cj Educational El Waste Treatment: Type,
[3 Recreational C)Hazardous;Waste:Type_
0 Other.
-----------------------------------------
ProJect Issues Discuss"in Document
ja Aesthetic/Visual JR Flood Plain/Flooding 0 SchoDUAInivenities 0 Water Quality
0 Agricultural Land 0 Forest Land/Fire Hazard 0 Septic sy— 0 Water supplyIG-und-aw
E Air Quality J@ Geologic/Scianic Ej Sewer Capacity JZ WedwAlRiperian
[--)Archeologicalfflisuirical [:)Minerals [I sou ErosiorJCompaaiortlprading ja Wildlife
0 Coastal zone JUNoixe 0 Solid Waste 10 Growth InducMig
21 Drainage/Absorption 0 Population/Housing Balance 0 Toxic/Hazardous J@ LMAM
12 Economic/lobs Q Public Savices/Facilities CH Traffic/Circulation 5aCumulative Effects
0 Fiscal Q Recreation/Parks 14 Vegetation 0 Other
-------------------------------
Present Land UeetLonlnyitGemral Plan Use Solan Way is currently used as a public roadway and
is shown as an Arterial on the County General Plan. The area is Zoned Industrial.
-----------------------------------------
ProJect Description T09m Aeftr�*COTPaW has reWasted to clod%lano Way to pAffic dzuj@%traffic beneen the
:tnt-3ectu)n Of Sol"Way at Vhterfr=Phild and bi-off Dave/Aanld Irdstrial HWw. Mw clostre wuld be
attained by the ustallat-ionI ,
Of ates and swur:LtY staff at An101d ht strias HW-my ad%tarftmt Rued to allow
local i to the=��Mft-ies. the omp%V's f7gsanj Is to lease Solan W In its#Vstral ma's'and
to mintain the roalzv in the emnt it bwares neoessmy_.OEpJ21c thpuoi traffic to ream reap SoIw m and
FARINGHOUSX CONTACTt KLch"I ChLrLatti
(916) 445-0613
cm MT
Resourceto tJonatur•ar twos
-
ATE REVIEW BZGAKs -Sr-24-qr C"r 8"
PT REV To AGENCY$ T
INCY REV TO SCH
COMPLIANCE Fish 0
ame
BCDC
9-
LEASE NOTE-SCH JIMM ON AM 0OKMXNj
-LATE CQWW�" DrRK=y exonatitto
CHP,
in TO in Lao AGENCr ONLY Caltrans 0
Trans nn
/APCD: (Resources:V5 Wella" Stats Land* Comm
2-34
ir
;i STATE OF CALIFORNIA PETE WILSON, Governor
GOVERNOR'S OFFICE OF PLANNING AND RESEARCH ° ' `� .1S T
1400 TENTH STREET
SACRAMENTO,CA 95814
5 Y I I PI-I 1: 58
_N T DEPT
May 9, 1995
JIM CUTLER
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT
651 PINE ST. , 4TH FLOOR N WING
MARTINEZ, CA 94553-0095
Subject : SOLANO WAY RELOCATION AND EXTENSION OF WATERBIRD WAY SCH
# : 93101102
Dear JIM CUTLER:
The State Clearinghouse submitted the above named environmental
document to selected state agencies for review. The review period
is closed and none of the state agencies have comments . This
letter acknowledges that you have complied with the State
Clearinghouse review requirements for draft environmental A35
documents, pursuant to the California Environmental Quality Act .
Please call Mark Goss at (916) 445-0613 if you have any questions
regarding the environmental review process. When contacting the
Clearinghouse in this matter, please use the eight-digit State
Clearinghouse number so that we may respond promptly.
Si ce el
Michael Chiri9i, .
Chief, State Clearinghouse
2-35
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Governor's Office of Planning and Research
A35 No response is required.
94237AJ-6/15/95 2-36
05/12/95 10:36 a 15106850266 CCMAE) 02
CONTRA COSTA MOSQUITO AND VECTOR CONTROL DISTRICT
155 MASON CIRCLES CONCORD, CA 945206!5101 685.9301 sFAX:685-0266
BOARD OF TRUSTUS ADMINISTRATION
PRESIDENT GENERAL MANAGER
Richard vesperman Charles Beesley,Ph.D.
SAN RAMON
VICE PRESIDENT May 8, 1995
Lorin Waxman
MORAGA
SECRETARY
Freda Thurston
PLEASANT HILL Mr. James W. Cutler
Assistant Director of Comprehensive Planning
ANTIOCH Contra Costa County
John Hall 651 Pine Street, 4th Flr. North Wang
BRENTWOOD Martinez, CA 94553-0095
Vacant
SUBJECT: DRAFT ENVIRONMENTAL IMPACT REPORT CLOSURE OF
CLAYTON SOLANO WAY AT THE AVON REFINERY
John Hanley
CONCORD pear Mr. Cutler:
Ear!Mor[enson
We have received the Draft Environmental Impact Report
CONTRA COSTA CO. Closure of Solano Way at the Avon Refinery. After close
Jim Pinckney review of this document, Contra Costa Mosquito and Vector
DANVILLE Control District (District) staff wish to express some
David Jameson,P&D. concerns regarding this project.
EL CERRITO
H.Richard Mank PUBLIC HEALTH:
HERCULES Our first concern is the potential for public health
Ashok Pandya problems. In 1993 for the first time in twenty five
LAFAYETTE years, the encephalitis virus was detected in Contra Costa A36
Marilyn Milby County. Mosquito pools tested for the virus turned up
positive in Martinez (5 times) and Pittsburg (one pool) .
MARTINEZ The encephalitis virus is transmitted by the Culex tarsalis
Lynda McPhee mosquito, which is most prevalent along the waterfront
ORINDA areas of this county. There are no available vaccines or
CharlesLupsha specific treatments for human cases of encephalitis.
PINOLE Any project which could induce growth along the waterfront.
APNILoul areas of Contra Costa County causes concern for the
District, as this buildout will increase the number of
PITTSeURG people who will be exposed to mosquitoes. Over the past 40
Robert Hussey years there have been over 500 cases of Western Equine
RICHMOND Encephalitis in California and over 600 cases of St. Louis
John F. Horton Encephalitis. Unfortunately, people have been lulled into
believing that there is no danger of disease from these
' SAN PABLO mosquitoes.
Vacant
WALNUT CREEK
Nancy Brownfield PUBLIC SERVICE:
This office already maintains . an extensive program of
source surveillance in and around the project area. Some
■MEMBER CALIFORNIA MOSQUITO AND VECTOR CONTROL ASSOCIATION■
2-37
05/12/95 10:37 Z 15106850266 CCMAD 03
of the sources we inspect and treat in the area include the
following:
Mt. View Sanitation Ponds, Shell Oil Ponds, Pacheco Blvd Drain,
Peyton Marsh Drain, Shell Marsh, Rodriques Ave Drain, Diablo Petro A36
Ponds, Valley Drive Drain, Martinez Gun Club Marsh, Arthur Road
Drain, Mosquito Bend Marsh, General Conveyor Drain, Walnut Creek
Channel, Imhoff Drain, Bunkhouse Marsh, Grayson Creek, Central
Sanitary Marsh, Acme Dump Marsh, Pt. Edith Marsh and Tidewater Sand
Marsh.
Every one of these sources is inspected and treated on a regular
basis by the District. All of the above are within easy flight
range of the project, and these sources could be effected by the
construction work anticipated.
Cy=ente to Section 4.0 Environmental setting, Imipacts, and
mitictatign Heasurof:
1) HYDROLOGY AND WATER QUALITY; The project will require
extensive drainage and construction work. New construction
brings with it reduced infiltration of rainfall, increased
runoff, and changes in drainage patterns, and will take water
to nearby marshes and wetlands on a regular basis.
The area in and around the project has historically had
mosquito problems, which is partially attributed to the high
water table and other environmental conditions, This A37
increased flooding will drive up mosquito breeding frequency,
as well as the number of times mapping, inspection and
treatment will be required.
If new drainage ditches, detention ponds, channels and creeks
are built, they should be as deep as possible and have steep
sides to minimize mosquito production. Water levels should be
kept as constant as possible to avoid production of floodwater
Aedes mosquitoes. Whenever possible, emergent vegetation
should be minimized, as this provides a protective and
nutritive habitat for immature mosquitoes. The District
should be consulted regarding any. further questions regarding -
flood control, drainage and -tidal action-in the i)roiect area. —J
2) BIOLOGICAL RESOURCES: Generally, proposed mitigation to
compensate for the loss of wetlands is required. If new
wetlands are required because of this project, the mitigation A38
should include the necessity of monitoring by this District to
determine necessary corrective measures to remedy undesirable
trends in the establishment of the wetland.
3) PUBLXC HEALTH AND SAFETY; Any increase in population or
human traffic in the :project area can have a significant A39
2-38
05/12/95 10;37 Z 15106850266 CCMAD 04
impact on Human Health as the likelihood of being exposed to -.39
those mosquitoes that can transmit encephalitis will increase,
(as explained on page one) ,
4) GROWTH INDUCING IMPACTS The atudy acknowledges the impact
on services that will be required because of construction. It
is important to note that if current mosquito breeding sources
are effected, there will be an increase in the level of
service required from this District under the project because
of additional mapping, inspection and treatment required. A40
In closing, this office has the expertise, and is available for
consultation, regarding the design and management of wetlands,
marshes, flood control systems and drainage patterns. We recommend
that Contra Costa Mosquito and Vector Control District be consulted
on the proper procedures to best control mosquito problems in the
project area. Please call our office should you have any comments
or questions.
Sincerely,
Ray Waletzko
Administrative Analyst
RW
cc: TOSCO EIR
WP:G;\t*6CO
2-39
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Contra Costa Mosquito and Vector Control District
A36 The comments are noted.
A37 The comments regarding the need to design new drainage ditches, detention ponds, channels
and creeks to minimize mosquito production are noted. The District's recommendations for
drainage design should be incorporated when further project level environmental documents for
any of the alternative roadways are prepared. The Proposed Project (closure of Solano Way
to public through traffic) does not include any plans to build new drainage facilities. The
preliminary plans for Alternatives 1, 2, and 3 are not at a level of detail that proposals for
storm drainage facilities have been designed.
A38 See response A37.
A39 The DEIR did not identify a significant increase in human population or traffic in the area as
a result of the Proposed Project or any of the alternatives.
A40 The comments are noted.
94237.fn)-6115195 2-40
MT. DIABLO AUDUBON SOCIETY
P.O. BOX 53
WALNUT CREEK, CALIFORNIA��3596
14 April 1995
Mr. James W> Cutler,
Assistant Director-Comprehensive Planning
Community Development Dept.
Contra Costa County
651 Pine St.
Martinez, CA 94553
Greetings:RE:Closure of Solano Way et al
We have reviewed the Draft EIR on the above named Project and provide
the following comments:
1. Solano P
now as Way, used resents a potential very serious
hazard to humans who use the road, to workers in and about
the Tosco, Avon Refinery and the general public.
2. Traffic volumes on Solano Way represent a less than
significant level which can be readily accommodated elsewhere
when, as and if Solano Way is closed. B1
3.Recently when a bridge was being reconstructed on Waterfront
-7 A n 1 T 0 Solan ay .,.,d Waterfront
roan idv traffic could reach �=58,, via ,,.,.�_.o �'�.�, ..:_..
rd. There was essentially NO disruption of traffic and to my know-
ledge little to no public comment was heard about the closure
g
We believe this indicates there is NO public NEED for Solano Way.
4. The Circulation element for N. Concord/West Martinez area
as now exists in the general plan should be dropped as not
needed.
5. We believe the "NO PROJECT" ALTERNATIVEhould be adopted.
® 2-41
Printed on 100%Regded Paper
Traffic levels and routes will not be materially and/or adversely
affected if Solano Way is closed. Further an alternative roadway
would traverse important wetlands which should NOT be
impacted merely to create a by-pass for Solano Way.
In short the proposal to close Solano Way should be agreed to.
There should be NO by-pass or other roadway constructed
to take the place of Solano way, as such is unwarranted and
unnecessary.
YE urs
A. B.tc a b n Aeyy
Vice President-Conservation
cc:Conservation Committee
2-42
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
COMMENTS FROM MEMBERS OF THE PUBLIC, PRIVATE COMPANIES,
AND CITIZEN GROUPS
Response to Comments From Mt. Diablo Audubon Society
131 The comments are noted.
1 94237.fn1-6/15/95 2-43
Clyde Civic 1_mprovement Association_Inc._
President
David Kory Contra Costa County Community Development Dept.
Vice-President 651 Pine Street
Keath Woods North Wing, 4th Floor
Treasurer Martinez, CA 94553-0095 4/20/95
Jerry Lohman
Secretary
Nita Price Re: Draft Environmental Impact Report
Closure of Solano Way at the Avon Refinery
l:.C.I.A. County File #10-93-CO
1 109 Wellington Ave
Clyde,CA 94520 1
Our organization has thoroughly reviewed the proposal and alternatives
discussed in the DEIR, and readily support the closure of Solano Way. B2
23-7412674 j
We agree with the plans and mitigations set forth, and encourage approval
and implementation of this project without delay.
Thank you.
Sincerely,
David Kory, President
—13
t^
In
� O
2-44
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Clyde Civic Improvement Association, Inc.
B2 The comment is noted.
94237.fni-6/15/95 2-45
AVON REFINERY FEDERAL CREDIT UNION
�AUon 66 AVON WAY • MARTINEZ'.C:A 94553-Op— Your savtngsfedsured
ereyintoStonoo
1. Phone: (510) 372-0813 • (800) 972-A� ONT or Plant`�066 CUA
FAX: (510) 372-0818 National Credit Union Administration,
a US Government Agency
May 2, 1995it -c°r Pi i 0y
Contra Costa County Community Develop�ri eii�'.*Departin�rlIt
Attn: Mr. James W. Cutler
651 Pine Street
North Wing, Fourth Floor
Martinez, CA 94553-0095
Dear Mr. Cutler:
The purpose of our letter is to show our support for the closure of
Solano Way. We have read the Draft Environmental Impact Report
(DEIR) , attended the public hearing on April 24 and have discussed
the matter with various individuals familiar with the proposal.
As the financial institution for Tosco Refinery employees and
family members, we feel the closure of the road to the general
public would provide us with a more secure environment. We have
been the victims of two armed robberies in the past.
Tosca is proposing gating the road and having security officers B3
control the road's access. We have been told the members of our
credit union would provide the guards with I.D. when they wish to
come to the credit union to transact business. This would give us
better control of who enters our building. We feel the road
closure would not adversely impact our credit union and our
members.
We have personally witnessed several °near misses" and the high
speed at which automobiles travel on the road. We have also
experienced the high volume of traffic. The closure of Solano Way
to the general public would help insure that our staff and members
would be able to quickly evacuate and not be "stuck in traffic" in
the event of any outside threat of disaster. This is important to
us considering we are physically located on refinery property.
If there is anything we can do to expedite the road closure, please
let me know. I can be reached at the above phone number.
Sincerely,
Helen Turney, Ma ger/CEO
HTldkm
cc: D. B. Enneking, Manager of Business Projects
Tosco Refining Company
2-46
' 2 COMMENT LETTERS, PUBLIC_TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Avon Refinery Federal Credit Union
B3 The comments are noted.
94237.fn1-6/15/95 2-47
WICKLAND OIL MARTI N't
Via Federal Express
May 3, 1995
Mr. James W. Cutler
Contra Costa County
Community Development Department
North Wing, 4th Floor
651 Pine Street
Martinez, California 94553-0095
Re: Comments on Draft EIR
Closure of Solano Way at the Avon Refinery
County File #10-93-CO
Dear Mr. Cutler:
Thank you for the opportunity to review the DEIR for the proposed
closure of Solana Way. Wickland Oil Martinez is located at 2801
Waterfront Road which is on the north side of Waterfront Road between
Waterbird Way and Solana Way. The DEIR erroneously labeled our
facility as the "Exxon Terminal. " Wickland operates a petroleum B.4
marine terminal and tank farm. Wickland provides facilities for its
customers to store and transport petroleum to and from the site.
Wickland supports the above-referenced project but would encourage
the County to address two concerns. The first concern is tanker
truck safety at the intersection of Waterfront Road and Waterbird
Way, and the second concern is the potential increase of illicit
dumping on Waterfront Road east of Waterbird way.
Traffic Safety at the intersection of Waterbird Way and Waterfront
Road
Tank trucks that carry petroleum liquids visit the Wickland Oil
Martinez facility daily. The vast majority of the trucks utilize
1-680 for deliveries. The DEIR Mitigation Measure 4.9-15(a) proposes
to "prioritize through movements between Waterbird Way and Waterfront
Road to the west (ie. install stop control on the westbound approach
on Waterfront Road) . " (See enclosed figure labeled "DEIR Proposal. " ) B5
Wickland's concern is that our customers, westbound fully-loaded
tanker trucks would need to stop at Waterbird Way and then attempt to
enter the intersection from a complete stop. Loaded tanker trucks
accelerate slowly from the stopped position and would be at the mercy
of the unloaded garbage trucks returning northward from Waterbird
PO Box 13648•Sacramento CA 95853 Tel 916-978-2500•Fax 916-978-2408 3640 American River Drive•Sacramento CA 95864
2-48
Mr. James W. cutler
Contra Costa County
May 3, 1995
Page 2
westward onto Waterfront Road without having to slow down. The
potential for a serious accident of this nature is a very real
possibility.
Recommendations B5
To alleviate this safety concern, Wickland proposes that the County,
in - addition to the proposed stop sign controlling westbound
Waterfront Road traffic, install a stop sign on the northwestbound
Waterbird _Way intersection. (See enclosed figure labeled
"Recommendation. " ) This should allow for the safe merging of tanker
and garbage trucks westward down Waterfront Road to 1-680.
Illicit Dumvinq
The County has concluded via Impact 4 . 1-3 (on page 4. 1-26) that from
the Naval Weapons Station property line on Waterfront Road westward
to the Solano Way intersection may have exacerbated littering,
loitering and vandalism problems. Wickland believes that with the
decreased traffic loads on Waterfront Road east of Waterbird Way, the
entire Waterfront Road east of Waterbird Way will also experience
increased levels of littering, loitering and vandalism. B6
Question
Why did the County conclude that only that section of Waterfront Road
east of Solano would experience increased littering, loitering and
vandalism?
Wickland appreciates the opportunity to comment on the Draft
Environmental Impact Report.
Sincerely,
WICKLAND OIL MARTINEZ
JOHN M. MARGOWSKI
Manager, Environmental Affairs
of Wickland Oil Company
On behalf of Wickland oil Martinez
JMM:djl
2-49
WICKLAND OIL MARTINEZ EXPANSION EIR - PRUJt:u l LJtSuHir i iury
FIGURE II-2 -- PROJECT VICINITY
U ` '
-011
O
0,
�r
C-
E-1
w J
Ew
va o
ll
Lu
QrC�F.Lo `•.I DY
°P
� \r� s
1 IL
W s
\ o r
w¢ R V
uwn • Z �� �
vd i 3 •"
z
Zo
w � • '' �
w
\ Q • • I J Q /
F ,J w
UOLL
u� Q o I
WAV
Z w a ea
mo
t 'AY I 1171461 ,rM SK B
�
coPG��:t�`Pgi
Cj
Ott
dlI cc
D
� ,�_� � ,� w$ \. •max'' fi. es '" � Z m
-J
2-50 July 1994
d
� G
1 � D
o � r
i
i
l �
t /
( 1
1 �
r � G
/ 1
O
r �
r o
r
1 0
1 r
p.
r r
co
2.51
` � r
1� r
`d
V
o t �
� i
1 �
�a f
0
� � J
/
V
3
1
1
r
i a
� � o
� 2 52
i G O
t Y �
1 �
. � t
t v
1
t
0 t�
c� l
t
t
- t j
1
R I I R
o t �
a
r-• 1
G
v
O
cr
J Gab
J 'in
G
J o
t '
1 (� ,?
1
co
VA I 2'53
1
J
. i
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Wickland Oil Martinez
B4 The text in two locations within the DEIR has been changed to identify the Wickland Oil
facility correctly. The text in the second sentence, first paragraph, under "Land Uses along
Waterfront Road, top of page 4.1-5, has been modified as follows:
"...West of the Solano Way intersection, several properties along Waterfront Road contain
heavy industrial uses, such as auto wrecking yard (Martinez Auto Dismantlers), aggregate
products (Tidewater Sand and Gravel), oil shipment receiving and storage facilities (Martinez
Exxen Wickland Terminal), and a large landfill operation (Acme Landfill)."
The text in the last sentence of the first paragraph under Impact 4.1-5, page 4.1-29, has been
modified as follows:
"...A third business on Waterfront Road, the &eEen Wickland Oil Terminal, should not be
significantly impacted since the terminal is located within one-quarter mile of the I-
680/Waterfront Road interchange."
B5 The Mitigation Measure proposed by the commentor to prioritize through movements between
Waterbird Way and Waterfront Road refers only to the alternatives with Solano Way closed
to through-traffic and Waterbird Way extended (Alternatives I and 4) and to 2010 conditions.
In these cases, heavier traffic volumes are forecasted between Waterbird Way and Waterfront
Road (including significant truck volumes) than through Waterfront Road. To provide
acceptable level of service, stop sign control should be removed from the northbound Waterbird
Way approach and be placed on the westbound Waterfront Road approach instead. However,
it would be reasonable to consider stop sign control on both approaches as an alternative or an
interim provision since the mitigation measure is based on 2010 conditions and assumes a
conservatively high traffic generation for the Contra Costa Recovery and Transfer Station.
B6 Even with the closure of Solano Way to public through traffic, several hundred Tosco and other
industrial employees are anticipated to continue to use Waterfront Road east of 1-680 to access
their jobs along Solano Way. In contrast, the portion of Waterfront Road east of Solano Way
is not expected to attract any trips except for Naval personnel and occasional bird watchers or
shoreline hikers (provided hiking trails are provided in the future). Thus, with the much lower
level of vehicle use along the eastern portion of Waterfront Road, littering, vandalism, and
loitering problems are expected. However, the higher level of traffic on the western portion of
Waterfront Road (projected to be approximately 250-590 cars during evening peak periods in
the year 2000 (Figure 4.9-9), after closure of Solano Way) can be expected to reduce the
possibility of these nuisance activities, which generally occur along isolated, infrequently
traveled and patrolled areas of roadways.
44237.fn 1-6115195 2-54
G�
J1 J
B7 ,
G�
2-55
J
..f'' %�r/�� / �• �' �,`�� �� � fry./
2"56 1
B/
G
f
'�Y?hr�s{t:+{tih?i�ti�=%n`�Sj•�:n'�."r'jC;TiC!C{G!'.. �
2-57
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Ruth Jones/Charles Justin
B7 The comments regarding noise and litter impacts of the proposed Waterbird Way extension,and
existing noise levels from the I-680 freeway, are noted.
B8 The DEIR projects a 4 percent increase in PM peak hour traffic on Blum Road south of Imhoff
' Drive due to the closure of Solano Way, and a further 4 percent increase due to the Waterbird
Way extension (Impacts 4.9-10 and 4.9-11, page 4.9-47). The total increase over the No
Project alternative is therefore 8 percent. Further increases are projected by 2010, with or
rwithout the project. The projections are based on the Contra Costa Transportation Authority's
• Central/CMP model. This model, like any model, has accuracy limits but is believed to be the
best available method for forecasting traffic changes due to the project alternatives. Short-term
and longer-term mitigation measures are included to address the projected traffic increases and
maintain access to the upper end of Blum Road.
B9 The comments regarding impacts of the proposed Waterbird Way extension on public health,
wetlands, and endangered species, are noted. The comment regarding use of 1-680 as an
alternative route if Solano Way is closed, is noted.
94237.fn1-6/15/95 2-58
J s
James W. Cutler ; Q
Contra Costa County
Community Development Department
651 Pine Street,North Wing "�` ,; .,__i� U��'j
Martinez, California 94553-0095 V[._
May 8, 1995
Re: Comments on the Draft Environmental Impact Report for the Closure of
Solano Way at the Tosco Avon Refinery
Dear Mr. Cutler:
I have reviewed the above-identified Draft EIR and have the following comments:
POINT 41• The Need for Updated Traffic Study in View of the Closure of Port Chicago.
As you know, a portion of Port Chicago Highway and a portion of Waterfront Road were
closed in February 1995, after the traffic counts for this DEIR were taken(June or July of 1994).
These closures, herein referred in the collective as the Port Chicago Closure, were not
adequately addressed in the DEIR. The traffic studies for the DEIR were performed before the
- Port Chicago Closure. As is widely known in this county, the now closed portions of Port
Chicago Highway and Waterfront Road and Solano Way functioned as a bypass route for State
Route 4 (SR-4), in both east and westbound directions. This fact is acknowledge by the County,
which forestalled the Port Chicago Closure until the completion of widening SR-4.
With the Port Chicago Closure, Solano Way no longer functions as a bypass to SR- B10
4, and is de facto closed to public through traffic. Closure of through traffic on Solano Way is
the stated objective for the Proposed Project. Whereas public through traffic may have
constituted 60%-75% of the total traffic on Solano Way before the Port Chicago Closure, it now
only constitutes 10%-15% at most, by my estimate. 85% to 90% of the traffic on Solano Way, if
not more, is Tosco-related. Applicant Tosco concurred with my estimate in an April public
meeting (Blum Road). In fact, the DEIR states at page 4.9-1 that"[a]lthough use of Solano Way
has changed over time, at present Solano Way appears to be used primarily as a route to and
from Tosco Avon Refinery and serves few, if any, through trips" (emphasis added.)Nonetheless,
the percentage of public through traffic will be an important factor which the Board of
Supervisors, the body which will consider whether to certify this EIR,will need to base its
decision whether to grant Applicant Tosco's closure request. Accordingly, the DEIR
should be augment to include this new information, otherwise Applicant Tosco may risk a
decision by the Board to not certify the EIR.
It seems that Applicant Tosco should be grateful for the tremendous reduction of public
through traffic, and should be more than willing to forego the closure of Solano Way, saving
itself the probable $10 million' that the County will request in return for closure.
'Replacement cost,based on the estimated construction cost of the Waterbird Way Extension.
2-59
James W. Cutler Page 2
Contra Costa County Community Development Department
POINT 92: The Need to Study an Additional, Potentially Superior, Alternative.
In the DEIR, Applicant Tosco justified the need for the Proposed Project on the basis of
over sixteen(16) real and alleged safety problems on Solano Way. These safety problems were
not addressed by the Proposed Project other than by closure of the road. Under the Proposed
Project, Tosco-related traffic, which now constitutes at least 85%of the total traffic due to the
Port Chicago Closure, will still be exposed to these safety problems, except for possibly on'e. The
one exception is apotential future safety concern that Applicant Tosco has: namely, that Solano
Way may again become a bypass to 1-680 with traffic queuing ("stacking-up") on Solano Way,
blocking Tosco employees from evacuation routes during upset conditions. One condition that
may exacerbate this potential future problem is that the trains on the Southern-Pacific mainline
might block the flow of northbound traffic, thereby increasing the risk to both the public and to
Tosco employees of being exposed to a hazardous release from the refinery.
As of 1994, the current level of service (LOS) on 1-680 is grade C or better 2 with a
Bll
v/c=0.62 according to the data in Figure 4.9-13 of the DEIR(p. 4.9-53). For the year 2010, the
DEIR projects a grade D over the segment, with a v/c=0.83 (9,900/12,000)1, which corresponds
to an average speed of between 46 mph and 55 mph, most likely 50 mph given the value of
v/c=0.83. Therefore, it is unlikely that Solano Way would again become a bypass route for 1-680
between now and the year 2010. It is noted that there is sufficient time for the Authority (OCTA)
and Caltrans to add additional lanes to 1-680 between SR-4 and the Bencia bridge, if need be,
with funding by bridge tolls.
Therefore, as a direct consequence of the Port Chicago Closure, the drastic action of road
closure of the Proposed Project is not commensurate with this potential future safety concern.
Moreover, the Proposed Project does not address the exposure of the Tosco-related traffic to the
other safety problems noted by Applicant Tosco.
Therefore, in view of the recent Port Chicago Closure, I believe there exist another
alternative to the Proposed Project which will directly address Applicant Tosco's safety
concerns without having to close Solano Way. My proposed alternative is detailed in
Appendix "A"of this letter. It is entitled the "Metered Alternative", and comprises nineteen(19)
substantive and feasible project elements. Many of these elements, such as reducing the speed
limit from 55 mph to 40 or 45 mph, are simple and economical. The aggregate cost of these
elements should be less than $1 million,which is far less than the expected costs of buying
Solano Way ($10 million) and staffing the two guard gates in the Proposed Project. As the B12
21 994 CCTA CMP Monitoring Report; 1993 LOS for the segment north of SR-242 was given as C; 1994
LOS for the same segment was given as D,but with the note that it is probably LOS C since Caltrans monitoring
vehicles are not allowed(by law)to exceed 55 mph,which is essentially the break point between grades C and D.
3pM peak is worse than AM peak. The 9,900 amount is from the PM peak,Upgrade Alternative(Figure
4.9-13 of the DEIR). 12,000 is from the standard assumption of 2,000 vehicles per freeway lane; 1-680 has 6 lanes.
During the PM peak,the northbound and southbound traffic volumes are roughly the same,with the southbound
being slightly greater.
2-60
James W. Cutler Page 3
Contra Costa County Community Development Department
central element of the Metered Alternative, an automated traffic metering facility is established at
each end of Solano Way to meter the public traffic through Solano Way in a manner that prevent
the aforementioned potential future queuing problem. Each metering facility has two controlled
lanes onto Solano Way, one for public traffic and the other for Tosco-related traffic (employees
and delivery vehicles).
Appendix"B" of this letter provides a comparative safety analysis between the Metered B12
Alternative and the Proposed Project. The analysis shows that the Metered Alternative is
superior to the Proposed Project at addressing the roughly sixteen (16)4 safety concerns noted by
Applicant Tosco.
To implement the metering alternative, the County could grant a franchise to Applicant
Tosco to regulate the flow of traffic. As this would provide the County a much needed revenue
stream, it would appear that the county would be highly receptive to implementing the Metered
Alternative. Additionally, it is my understanding that Applicant Tosco is a publicly held
company and is currently financially over-extended. If true, it would seem that Applicant would
welcome a lower cost alternative (1/10th) of addressing its safely concerns while protecting its
shareholders' interests.
POINT#3• The DEIR Does Not Have a Reasonable Range of Alternatives.
CEQA guidelines require that a range of reasonable alternatives to the Proposed Project,
which could feasibly attain the objectives of the project, be described and evaluated in a
comparative fashion. The Waterbird Wayand Evora Road Alternatives do not fall within this
range, since they do not address the objectives stated by Tosco. These alternatives are nothing
more than mitigation measures that Applicant Tosco might have needed for the Proposed Project
if the DEIR had found that the Proposed Project had adverse impacts on the transportation B13
circulation element. Excluding the No-Project Alternative, there are only two alternatives
presented: Close Solano Way, Upgrade Solano Way: close or open. There is not alternative in-
between these two extremes.
The Metered Alternative is a reasonable alternative, and can feasibly attain the objectives
of the Proposed Project. Since the Metered Alternative proposes to meter the public traffic on
Solano in such a manner that minimize exposure to safety hazards,the scope of the metered
alternative lies between that of the Proposed Project (complete closure to the public) and the
alternatives of upgrading Solano Way (no closure), it is within the range of reasonable
alternatives, as opposed to the Waterbird Way and Evora Road Alternatives, which are merely
possible mitigates for the closure.
41 tried my best at recording all of the Applicant's safety concerns as I read the DEIR. However,being
human, I may have inadvertently overlook a safety concern or two. Such an oversight, if in fact present,should not
be a basis for rejecting consideration of the Metered Alternative. I would be more than happy to work with
Applicant Tosco on augmenting the elements of the Metered Alternative to address any overlooked concerns.
2-61
James W. Cutler Page 4
Contra Costa County Community Development Department
POINT #4• Insufficient Evidence of SP-RR Being an Obstacle to the Upgrading Solano
Way Alternative.
Frankly, the DEIR expended minimal effort in developing and studying the Alternative of
upgrading of Solano Way. As an alleged major barrier to this alternative, and as the apparent
excuse for not expending much effort, Applicant Tosco claims that gaining access and/or
easements to the east side of Solano Way from the Southern Pacific Railroad, which owns the
right of way, will be difficult(DEIR, p. 3-17). In public meetings on this project, Tosco
representatives have made much ado of the SP-RR being an obstacle. The DEIR also states that
"[t]he railroad requires a 40-foot separation between the edge of the tracks and the nearest
roadway." As proposed by Applicant Tosco, the design of the Upgrade Alternative
encroachment into this 40-ft buffer zone.
It is noted that Applicant Tosco currently uses a substantial portion of the SP-RR right-
of-way for formal employee parking, encroaching far into the 40-foot buffer zone. The DEIR
apparently does not mention that Applicant Tosco would have to forfeit this parking as
part of the widening of Solano Way in the Upgrade Alternative.
It is further noted that the current track separation ranges between 56 feet at the north end B14
and 52.5 feet at the south end, and that the SP-RR line along Solano Way is no longer used as a
main thoroughfare and is merely a spur line to the main SP line along Waterfront road. In fact,
the railroad segment along Solano Way ends near the southern end of Tosco's Track#4, roughly
1,000 ft north of the intersection of Solano Way and Arnold Ind. Way. There is room to provide
at least one shoulder without encroaching on the 40-ft buffer zone.
,. Moreover, it is not clear from the DEIR that a 40-ft buffer zone would be needed for spur
lines. It is conceivable that a 30-ft buffer zone would be sufficient for a little-used spur line, and
therefore would enable shoulder pavements on either side of Solano Way in the Upgrade
Alternative.
It is noted that the southern portion of this spur line is in very poor condition, and the
heavily rusted tracks indicate that the southern portion of the tracks has not been used in quite
some time. Additionally, several of the railroad ties are loose and can be readily moved,
indicating that operation on the southern portion may no longer be safe or possible. Given these
conditions, It is not clear why the Southern Pacific Railroad Co. would be so unwilling to
accommodate the widening of Solano Way.
has not made out a clear and convincing case that the
In view of these facts, the DEIR g
SP-RR would be an obstacle to the Upgrade Alternative. Applicant Tosco can bolster its case by
rebutting each of these points, and by providing a documented communication (in section 6.0 of
the DEIR) from a qualified representative of the Southern Pacific Railroad attesting to the facts
that Applicant Tosco wishes to advance on this point.
2-62
James W. Cutler Page 5
Contra Costa County Community Development Department
POINT#5:
On page 2.1 of the DEIR, Applicant Tosco states that"[t]he project has been proposed to
minimize public health risk to the motoring public using Solano Way, which bisects the Tosco B15
Avon refinery." In the over 80 years that Solano Way has been in existence, the DEIR does not
appear to list an actual incident of a hazardous expose to a member of the general public.
Applicant Tosco could bolster its position for closure by listing the number of such incidents, if
any, along with dates, severity and consequences of the exposures, chemicals released in the
exposures, and any additional pertinent information.
POINT #6:
The text of the DEIR refers to the "D"-street entrance to the Tosco facility several times, B16
but no such street appears to be shown in any of the maps of the DEIR. J
POINT #7:
Pages 3-19 and 3-20 of the DEIR detail the agencies needed to approve the Waterbird
Way alternative. Mention of approval by the California DTSC is made with regard to the closure B17
of the IT Baker facility. As the IT Baker facility has not yet been closed (and in fact has received
an emergency waiver to exceed its storage limits), will the approval of the Federal EPA be
needed as well?
POINT #8:
The DEIR does not sufficiently address the economic impacts, such as home de-
valuation, that the Waterbird Way extension will have on the Blum Road and Vine Hill
neighborhoods. Applicant Tosco argues that these issues are now moot in view of its not
needing the Waterbird Way Extension as a mitigation measure for the closure of Solano Way. B18
However, there is a growing trend to use, re-use, and otherwise draw from existing EIR in
advancing projects and preparing new EIRs. It is highly conceivable that County Public Works
will later push the Waterbird Way Extension project for its own reasons5 at a later date, and
would then deem this DEIR as a sufficient EIR for the Waterbird Way project. Therefore, the
inclusion of this information is essential.
POINT#9:
On page 4.1-24, a reference citation is made to "(CCTA, 1994)". No such reference B19
' could be found in Section 6.0. J
POINT#10: �1
Page 4.6-3 notes the frequency of refinery upsets at the Avon facility. How does the
number of upsets compare with industry averages, and with other refineries in Contra Costa B20
County? The Board of Supervisors, which will consider whether to certify this EIR, could
possibly use this information to justify granting Applicant Tosco's closure request, and to form a
'Such as providing a convenient, all-weather route to the County Sanitation Transfer
Station.
2-63
James W. Cutler Page 6
Contra Costa County Community Development Department
1 B20
basis to reject future similar requests from other businesses. J
POINT 911:
Table 4.9-3 on page 4.9-24 of the DEIR lists the total number of accidents along with a
breakdown of the types of accidents. For all of the rows of this table except the last row (1994), B21
the sum of the breakdown columns equals the total column. Correction of, or an explanation of I
the discrepancy in the columns of the last row is needed. J
I POINT 912:
Applicant Tosco's request to close a public road is highly unusual.. In order to establish
equitable treatment to future businesses which will advance similar closure requests, the Board of
Supervisors should have a policy statement on granting road closures to non-governmental
entities, if such policy does not already exist. Although the DEIR does advise the Board as to
how the County can vacate Solano Way and remove planned feeder routes from the general plan,
the DEIR does not provide the Board with any guidance as to the need for such a policy, whether B22
such a policy exists, or what the parameters of such a policy might be.
As to such a policy statement, it is noted that the U.S. Navy's Port Chicago Closure
request can be clearly distinguished from Applicant Tosco's request as a matter of inter-
governmental affairs and national security needs. If not already in place, there must be a policy
to equitably distribute closure requests among the multitude of non-governmental entities.
ResXR.
,
Ph. , E ctrical Engineering
89 Baylor Lane
Pleasant Hill, Ca., 94523
415-477-4042 (W)
510-798-9784 (H)
2-64
APPENDIX "A" -- Elements of the Proposed Metered Traffic Flow Alternative.
' 1. Construct a first traffic metering facility at southern end of Solano Way, north of Arnold Ind.
Way and south of the end of the SP-RR tracks. An exemplary metering facility is shown in the
attached FIGURE 1. The metering facility will provide two controlled northbound lanes and one
un-controlled southbound lane. The right-most northbound lane is for Tosco-related traffic, and
the left-most northbound lane is for the general public. The control of the northbound lane may
be accomplished by a guard gate (as already proposed by Applicant Tosco for its Closure
Alternative), or may be accomplished by metering gates, with either stop lights (as on the
Oakland Bay Bridge), or gate arms (as in most parking garages). For unmanned control, video
cameras may be installed to deter evasion of the metering system. The uncontrolled southbound
lane is to have a tire-puncture deterrent system, along with warning signs, to prevent its use in
the reverse direction. Tosco shall have the right to stop public traffic during upset conditions and
train delays at the northern end of Solano Way. The metering facility will also have electronic
activated warning signals indicating one or more of the following conditions:
1. Upset Condition - Road Closed, Turn Around;
2. Train Delay Ahead - Road Closed, Turn Around;
3. Flooded Conditions - Waterfront Road Closed Ahead.
Ample area in the un-used SP-RR right-away area north B23
p S g yin the ort of Arnold Ind. Way can be used to
provide turn around facilities for Tosco trucks. The southbound lane will also have a stop sign to
enable the general to turn around onto the southbound lane in the above conditions. To prevent
queuing of vehicles, meter the public traffic at an appropriate rate.
2. Construct a second traffic metering facility near the northern end of Solano Way, but on
Waterfront Road at the western extent of Tosco' property line. According to the DEIR, Tosco
owns property on the both sides of Waterfront in this area(tracts #2 and#3). There is ample area
on the north side of north of Waterfront to construct these facilities. I could not finding anything
in the DEIR which indicated that use of the southern-most portion of tract#3 would not be
feasible for the metering facility. The second metering facility will provide two controlled
eastbound lanes and one un-controlled westbound lane. The right-most eastbound lane is for
Tosco-related traffic, and the left-most northbound lane is for the general public. The control of
the eastbound lanes may be accomplished by a guard gate (as already proposed by Applicant
Tosco for its Closure Alternative), or may be accomplished by metering gates, with either stop
lights, or gate arms. For unmanned control, video cameras may be installed to deter evasion of
the metering system. The uncontrolled westbound lane is to have a tire-puncture deterrent
system, along with warning signs, to prevent its use in the reverse direction. Tosco shall have the
right to stop general traffic during upset conditions and train delays at the northern end of Solano
Way. The metering facility will also have electronic activated warning signals indicating one or
both of the following conditions:
Appendix A: Elements of the Metered Alternative Page 1
2-65
1. Upset Condition - Road Closed, Turn Around;
2. Train Delay Ahead - Road Closed, Turn Around;
Ample area in tract#3 can be used to provide turn around facilities for Tosco trucks. The
westbound lane will also have a stop sign to enable eastbound public traffic to turn around onto
' the westbound lane in the above conditions. To prevent queuing of vehicles, meter the public
traffic at an appropriate rate.
1 3. Provide angled guard rails or collision barrels around exposed power poles. Exemplary
angled guard rails and collision barrels are shown in the attached FIGURE 2. For poles on east
side, which appear to carry low tension wires, Consider placing power lines underground.
4. Install 3-way stop signs on Solano Way, 3,000 ft. north of Arnold Ind. Way, at informal
intersection. Coordinate or arrange any informal employee parking areas to enter and exit Solano
Way by or near this intersection.
5. Install 3-way, or staggered 4-way, stop signs at Monsanto Way. Coordinate or arrange any
informal employee parking areas to enter and exit Solano Way by or near this intersection.
B23
6. Install 3-way, or staggered 4-way, stop signs at Foster-Wheeler and D-street area, north of
AT-SF bridge, along with pedestrian crosswalks. Coordinate or arrange formal employee
parking areas to enter and exit Solano Way by or near this intersection.
7. Install 2-wa 3-wa or staggered 4-way, stop signs at the bend of Solano Way that occurs
Y� Y� gg p
approximately 3,000 ft south of Waterfront Road. Also install one or more pedestrian crosswalks.
Coordinate or arrange formal employee parking areas to enter and exit Solano Way in the area
between stop signs on Solano Way.
8. Reduce the speed limit on the 55-mph road segment to 45 mph or 40 mph. The 55-mph road
segment is at the southern end, where the "End 35-mph" signs are placed. Consider lowering the
speed limit on the 35-mph road segment to 30 mph.
9. Prohibit vehicle passing over the entire segment.
10. Pave selected portions of west shoulder, which is owned by Tosco, to enable disabled
vehicles to have emergency parking. Although the paved portions would be between power
poles, there is sufficient room for a disabled vehicle to enter the paved shoulder, given the above
recommended reductions in speed limits.
11. Seek easement from SP-RR Co. to pave similar selected portions of east shoulder.
Portions have already been paved, and portions already serve as formal parking area for Tosco
Employees.
Appendix A: Elements of the Metered Alternative Page 2
2-66
12. At the AT-SF bridge, install an array pattern of "mott's dots" on the road, 500 ft before
bridge in each direction to warn drivers of the bridge ahead. Also install flashing lights and
caution sign 200 ft before bridge in each direction. The above recommended stop signs at
Monsanto Way and at Foster-Wheeler/D-street area will slow traffic before bridge. Consider
adding overhead lighting at entrances to bridge for night operations.
13. Formulate an appropriate evacuation plan for Tosco employees for evacuating Solano Way
under refinery upset conditions. Educate the employees on the plan. During upset conditions,
provide audible or visual instructions to vehicles in the vicinity of D Street to turn around and
evacuate.
14. Instruct Tosco truck drivers in safe operating procedures (e.g., obey speed limits, keep
safe distances from vehicles ahead, etc.) so that refinery-related truck traffic does not result in B23
unsafe traffic conditions.
15. Upgrade existing intersections with better striping and stop signs.
16. Educate Tosco employees on proper use of pedestrian crosswalks and vehicle
intersections. Discourage Jay-walking.
17. Discontinue the use of informal parking practices and provide more formal parking for
employees, as coordinated with the above recommended stop signs (Elements #4 - #7).
18. At the employee parking on SP right-a-way, north of AT&SF line, set up controlled
1 entrances and exits marked with striping and signs. Add guard rails to separate Solano-Way
traffic from the parking area if this interaction is a source of safety hazards. Provide night
lighting (via power poles) for formal parking areas, if not already provided.
19. Re-align Tosco Employee parking as shown in the attached FIGURE 3. The parking spaces
are angled, as opposed the current straight configuration, and guard rails are established to
separate employees from traffic on Solano Way. As a novel feature, every sixth parking space is
blocked off to prevent vehicle gridlock in the event that all of the parked vehicles attempt to
leave at the same time, such as in an evacuation condition. The blocked off spaces provide the
space that would be needed to "jostle" vehicles around to break a gridlock condition.
Appendix A: Elements of the Metered Alternative Page 3
2-67
FIGURE 1: EXEMPLARY METERING FACILITY.
1
/
I
d Path
1 ��♦ �4
\ aosS
r
r �
r \ /
1
� Stop Sign
Metering Facility
'• Tire Puncture Facility
\ p rou Path
J `
fr. STOP STOP
� r
1
Uncon- Public Tosca
trolled Traffic Traffic
Lane Lane Lane Road
Condition
\ Sign.
2-68
FIGURE 2: EXMPLARY POLE GUARDS.
t
{
1
i
ence
f
t
r Power Pole-., Angled
` 1 Guard Rails,
each are
f 1Qft-1Sft
` in length.
{
i
' 1
1
/ t
1
{
t
i
1
t
1
i
{
1
i
1
t
1
1
,
1_
1
1
/
1
Power Pole
{
Collision
Barrels, as
' used by
/
Caltrans.
/
j 1
2-69
FIGURE 3: EXMPLARY PARKING LOT.
r
SP-RR
tia
PARKING
`y''
3-WAY STOP ' SPOTS
INTERSECTION :
r
INTERSECTION
\ BUFFER
�<a
::.. .......
PARKING
SPOTS
zlzt
PARKING BREAK.
<;
USED TO PREVENT
GRIDLOCK IF ALL
GUARD RAIL ; \ PARKED CARS TRY
\ TO LEAVE AT ONCE
\� (AS IN AN EVACUATION)
2-70
APPENDIX B• Analysis as to How the Proposed Metering Alternative and the Closure
Alternative address the Safety Problems and Concerns Noted in the D-EIR.
Safety Concern or Actions of Proposed Alternative to Meter Studied Alternative of
Problem. the flow of Public Traffic Through Solano Closing Solano Way to
Way, Public Traffic.
(1) Minimize public health With the closure of Port Chicago and related 90% of traffic on Solano
risks to the motoring public portion of Waterfront Road, herein referred Way is Tosco related.
using Solano Way. to as the "Port Chicago Closure", only Closing the road will
(DEIR, p. 2-1). approximately 10% of the traffic on Solano address the health risks
Current Conditions Way is now due to the general public. associated with 10% of the
assumed. Metering the flow of public traffic will traffic, but not 90% of it.
enable Tosco to quickly shut it off in case of However, since the
an upset condition, and will allow Tosco to Proposed Metered B24
prevent traffic from stacking up. These Alternative gives Tosco
measures can reduce to insignificant levels control to immediately stop
the potential expose of the general public to public traffic in case of an
hazardous releases. upset condition and to
prevent the queuing of
traffic, the Closure
Alternative is not
significantly better at
addressing this safety issue.
Unsafe Road Conditions:
(2) Narrow Right-of-Way. Reduce speed of the 55-mph road segment Not addressed other than
(DEIR, p. 3-6) to 40 mph or 45 mph. by closure. Tosco related
Prohibit passing over the entire roadway. traffic will still be exposed
Add stop signs and speed bumps as to this road condition.
appropriate. Closure Alternative does
These actions are to minimize the chances not propose reducing
of a narrow right-of-way causing accidents. speed.
For AT-SF bridge, see specific actions
below.
(3) No paved shoulder. Seek easement from SP to pave east Not addressed other than B25
(DEIR, p. 3-6) shoulder. In fact, portions have already been by closure. Tosco related
paved. traffic will still be exposed
Pave west shoulder, which is owned by to this road condition.
Tosco.
1 (4) Power utility poles For the west shoulder poles, which appear Not addressed other than
pose potential accident to be high tension lines, place small sections by closure. Tosco related
hazards. of angled guard rails on either side of each traffic will still be exposed
(DEIR, p. 3-6) pole to prevent direct head-on collisions. to this road condition.
The angle of the guard rail will direct a
colliding car away from the pole.
For the east shoulder poles, which appear
to be low tension wires, place underground,
or provide similar angled guard rails.
Appendix B: Comparative Safety Analysis 2-71 Page I
(5) Narrow bridge crossing Install an array pattern of"mott's dots" 500 Not addressed other than
with AT-SF railroad line. ft before bridge in each direction. by closure. Tosco related
(DEIR, p. 3-6) Install flashing lights and caution sign 200 traffic will still be exposed
' ft before bridge in each direction. to this road condition.
Recommended Stop signs at Monsanto Way
and at Foster-Wheeler/D-street area will
slow traffic before bridge.
For night conditions, add overhead
lighting at entrances to bridge.
(6) "Traffic tends to Reduce speed limit on the 55-mph Not addressed other than
traverse Solano Way in the segment to 40 mph or 45 mph. by closure. Tosco related
area of the Tosco Avon Add traffic stop signs. traffic will still be exposed
Refinery Complex at high to this road condition.
speed."
(DEIR, p. 3-6)
(7) Alleged number of Only one poor sight condition appears to Not addressed other than
poor sight distances due to exist, which is at the AT-SF bridge crossing. by closure. Tosco related
road configuration and Addressed by the above actions. traffic will still be exposed
elevation changes. Reducing the speed limit to under 45 mph to this road condition. B25
(DEIR, p. 3-6) over the entire road segment will also help.
For night conditions, add overhead lighting
at any other poor sighting areas.
(8) Waterfront Road Continue the current practice by County Not addressed other than
floods. Public Works of closing Waterfront Road by closure. Tosco related
when flooding occurs. In combination with traffic will still be exposed
the Port-Chicago Closure, closure of to this road condition.
Waterfront road during flooded conditions
stops through traffic.
Install warning sign at southern end of
Solano Way (at Arnold Ind. Way) indicating
temporary closure of Waterfront due to
' flooding), if the County does not already
provide such a sign. For convenience, this
sign may be electrically activated.
' (9) At-grade railroad Warning lights and gate arms at the crossing Not addressed other than
crossing of Solano way are already present. To address un-specified by closure. Tosco related
with main line of Southern safety problems, install longer gate arms and traffic will still be exposed
Pacific Railroad poses paint standard warning patterns on the to this road condition.
unspecified safety roadway.. Caution signs indicating presence
problems, and causes of the railroad crossing with flashing lights
traffic to form queues (i.e., may also be installed.
"stack-up") along Solano To address the stacking-up of traffic on
Way when long or slow Solano Way, stop traffic at metering gate at
trains are crossing. southern entrance of Solano (near Arnold
(DEIR, p. 3-6) Ind. Way) and northern entrance on
[The term "stack-up" Waterfront road. Activate information sign
means to form a long queue which encourages traffic to take an
' of stopped or slow moving alternative route (e.g., "Train Delay Ahead-
vehicles] Road Closed,Turn Around.")
Appendix B: Comparative Safety Analysis 2-72 Page 2
(10) "... Tosco is Although the DEIR does not provide Not addressed other than
concerned with minimizing enough information on the conditions by closure. Tosco related
traffic hazards for Tosco's occurring at D Street for this proposed traffic will still be exposed
' employees who are alternative to make a complete list of to this road condition.
currently exposed to unsafe recommended actions, the following
traffic move-ments on and substantive actions are noted.
along Solano Way, particu- During upset and emergency conditions,
' larly during emergen-cy or use the metering gates at each end of Solano
upset conditions. During Way to prevent the general public from
the course of any upset entering Solano Way.
condition, the refinery main Formulate an appropriate evacuation plan
gates at the D Street inter- for Tosco employees for evacuating Solano
section are closed to Way under such conditions, and educate the ADDITIONAL NOTE:
prevent trucks and vehicles employees on the plan. The DEIR does not have
from entering onto the Provide audible or visual instructions to a map showing the location
[Tosco] property. When vehicles in the vicinity of D Street to turn of any
this occurs a the D Street around and evacuate. D Street other than the D
intersection, traffic is If long trucks are the cause of jam-ups at street at the Concord Navel
backed up on and along D Street, provide turn-around facilities for Weapons Station. B25
Solano Way in both north the trucks at D Street and at the metering
and south-bound directions gates. Provide emergency breathing
which creates an unsafe apparatuses at the turn-around points for the
condition and a potential truck drivers, if turn arounds cannot be
for panic by the motoring completed in a short time. (particularly at D
public." street).
(DEIR, p. 3-6)
(11) When I-680 was a 4 Meter traffic flow to prevent queues from Not addressed other than
lane facility, Solano Way forming in such potential future conditions. by closure. Tosco related
was used as a by-pass Caltrans' current plans to build a second traffic will still be exposed
route, resulting in long Bencia Bridge will add additional northbound to this road condition.
vehicle queues on Solano lanes and should minimize the congestion at
Way. With the upgrading the Marina Vista/I-680 interchange due to
of I-680 to a six-lane merging traffic. A dedicated bridge lane for
' facility, and with the Port- the Marina Vista traffic could be added to
Chicago Closure, the use of prevent merge-related congestion, as is done
Solano Way as a bypass has for the Oakland-Bay Bridge (At the San
' substantial-ly diminished. Francisco side).
However, there is a future Additionally, CCTA and TRANSPACC
possibility of degrading may already be working with Caltrans and
LOS on these freeway Solano county to add an additional north-
segments, and hence a bound lane to I-680 from SR-4 to the Bencia
return to Solano Way again Bridge, possibly funded by bridge tolls.
being used as a bypass. The current level of service (LOS) on 1-680
(DEIR, p. 3-7) and SR-4 in the nearby segments is grade C,
or better, with the CHP routinely giving out
speeding tickets on these segments during
evening commute hours (4-6pm) [source:
CCTA's CMP, and HRY video tape of CHP
activity].
(12) Heavy refinery- Reduce speed limit; add stop signs and Not addressed other than
related truck traffic results striping to key intersections. by closure. Tosco related
in unsafe traffic conditions. Instruct Tosco truck drivers in safe traffic will still be exposed
(DEIR, p. 3-7) operating procedures. to this road condition.
Appendix B: Comparative Safety Analysis Page 3
2-73
(13) Uncontrolled Although the DEIR does not provide Not addressed other than
pedestrian access, and enough information on these uncontrolled by closure. Tosco related
vehicle access causing-up- accesses for this proposed alternative to traffic will still be exposed
specified problems. make a complete list of recommended to this road condition.
(DEIR, p. 3-7) actions, the following substantive actions are
noted.
Restrict pedestrian and vehicle access by
' providing stripped and signed pedestrian
crosswalks, and by upgrading existing
intersections with better striping and stop
signs. Educate Tosco employees on proper
1 use of pedestrian crosswalks and vehicle
intersections.
' (14) Buried and above The DEIR does not provide enough Not addressed other than
ground pipelines run along information on the potential safety problems by closure. Tosco related
both the east and west sides of these pipelines, if any, for this proposed traffic will still be exposed
of Solano Way possibly alternative to provide definite recommended to this unspecified safety
causing unspecified safety actions, if any are needed. It is therefore problem.
problems. presumed that the pipelines were noted in the
(DEIR, p. 3-7) DEIR to point to the prohibitive costs of re-
locating them for the studied alternative of B25
Improving Solano Way.
1 In the case that the Applicant had intended
to claim the potential rupturing of these
pipelines as a potential safety hazard, it is
noted that the proposed metering gates would
enable Tosco to quickly stop public traffic.
Metered flow also prevents stacking up of
vehicles. Not addressed other than
by closure. Tosco related
traffic will still be exposed
to this road condition.
(15) "Roadway safety is Although the DEIR does not provide Not addressed other than
also affected by employees enough information on how these events lead by closure. Tosco related
entering and leaving the to unsafe conditions for this proposed traffic will still be exposed
facility to perform work alternative to make a complete list of to this road condition.
duties, merging onto recommended actions, the following
Solano Way from informal substantive actions are noted.
employee parking areas Educate Employees on safe operating
adjacent to the road, and procedures.
employees traveling Install pedestrian crosswalks as indicated
' (walking or driving) from above.
one side of the complex to Discontinue the use of informal parking
the other across Solano practices and provide more formal parking
Way," for employees.
(DEIR, p. 3-8)
Appendix B: Compat•ative Safety Analysis Page 4
2-74
1 (16) Employee parking on Although the DEIR does not provide Not addressed other than
SP right-a-way, north of enough information on these uncontrolled by closure. Tosco related
AT&SF line, has accesses for this proposed alternative to traffic will still be exposed
' uncontrolled entrances and make a complete list of recommended to this road condition.
exits which causes un- actions, the following substantive actions are
specified problems. noted.
(DEIR, p. 3-7) Visual inspection of this area indicates that it
' is paved, and therefore can have controlled
entrances and exits marked with striping and
signs. Guard rails could be added to separate
Solan traffic from the parking area if this
interaction is the cause of the un-specified B25
problems. Stop signs could be added on
' Solano way at this area to minimize
accidents. (Technology exist for striping
unpaved areas, as is done at the north
parking lot of the Pleasant Hill BART
Station.)
Metered traffic and the stop signs at the
AT-SF bridge will reduce traffic speed on
Solano Way in the area and will therefore
increase safety.
Provide night lighting(via power poles) for
formal parking areas, if not already
provided.
Alternatively, Tosco could provide better
formal parking facilities for its employees at
a different location.
i
Appendix B: Comparative Safety Analysis Page 5
' 2-75
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Hal R. Yaeger
BIO The DEIR analysis of current traffic conditions indicates that only a small percentage of the
' existing trips on Solano Way, as of 1994, are through trips, even with the Port Chicago
Highway open to public traffic. Moreover, year 2000 and year 2010 projections performed in
the DEIR analysis assume the complete closure of Port Chicago Highway, which occurred in
February 1995.
B 11 Comment noted regarding continued exposure of Tosco employee traffic to the existing safety
' deficiencies along Waterfront Road and Solano Way under the Proposed Project alternative.
The calculations of freeway level of service shown in the comment understate the projected v/c
ratio in the peak direction (northbound in the PM) because traffic is not evenly split between
the two directions of travel. Even so, the projections do not indicate any significant diversion
of traffic during average weekday conditions.
B 12 The Metering Alternative as described in the comment includes (1) a proposal to control public
traffic using Solano Way by means of a gates and (2) a series of individual actions or measures
' to improve safety on Solano Way.
The proposal to meter public traffic appears to be a variation on the proposed project. Given
' the relatively low number of public vehicles (through trips) existing and projected on Solano
Way, "metering" of these vehicles by Tosco does not appear warranted. It would be clearer
to non-Tosco motorists to either keep the road open or close it to non-Tosco vehicles under
' normal conditions. The Project Alternative in the DEIR assesses conditions where Solano Way
is closed to non-Tosco traffic. The No Project alternative and Alternative 3 (Upgrade Solano
Way) assess conditions if Solano Way is kept open to all traffic.
' It is correct that none of the study alternatives evaluated in the DEIR (except Alternative 3)
would significantly improve traffic safety on Solano Way. However, the only potential adverse
traffic safety impact (relative to the No Project alternative) is the restriction of access to
emergency vehicles, and the DEIR includes a mitigation measure for that impact. However,
to improve safety for the Tosco traffic that would still use Solano Way upon its closure, some
' of the individual traffic safety improvements identified in the comment could be considered
and, if feasible, be incorporated into the Project Alternative. In any case, the metering aspects
of the Metering Alternative do not appear to have any particular benefits should the other safety
issues be addressed.
B13 The alternatives as defined by the County span a reasonable range of alternatives, including no
improvements to the existing Solano Way through the Avon refinery (No Project), upgrading
of the roadway(Alternative 3), and closure of the roadway (Proposed Project). In addition,two
alternative roadways were analyzed to determine if they would help to mitigate the impacts of
the Solano Way closure and future growth in the region. The metering alternative described
94237.fn1-6/15/95 2-76
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
in the comment letter can be characterized as a variation on the roadway upgrading alternative,
and its components could be considered along with the other elements of Alternative 3, if that
' alternative were chosen by the County.
B 14 Comments noted.
iB15 The commentor is correct that the DEIR has not listed specific incidents of hazardous materials
releases at the Tosco Avon facility. Information regarding health risks associated with the
existing operations at the Avon facility,the history of accidental releases, and the adopted plans
to respond to such emergencies, are detailed in the Health Risk Assessment and Emergency
Response Plan, submitted by Tosco Corporation to Contra Costa County, as required by law.
' The Health Risk Assessment report is available for public viewing at the Contra Costa County
Office of Emergency Services, 50 Glacier Drive, Martinez, and the Community Development
Department, 651 Pine Street, Martinez.
' B16 The text in the fifth paragraph under "Project Objectives," page 3-6, DEIR has been modified
to describe the main D Street entrance to the Avon refinery, as follows:
' "...During the course of any upset condition,the refinery main gates at the D Street intersection.,
approximately one-quarter mile (1,400 feet) north of the ATSF railroad underpass, are closed
' to prevent trucks and vehicles from entering onto the property."
B17 As noted in Table 5.3-1 in the DEIR, closure of the IT Baker ponds would require approval
' by the California Department of Toxic Substances Control (DTSC); the DEIR authors do not
know if approval would also be required by the Federal Environmental Protection Agency
(EPA).
' B18 The DEIR documents in Section 4.11 (Noise) the noise impacts caused by traffic using the
proposed Waterbird Way extension, western alignment, on some of the closest homes in the
' Vine Hill neighborhood (the homes along Irene Drive). The DEIR noise analysis found that
only the homes on Irene Drive would suffer outdoor noise levels of over 60 Db. These adverse
noise impacts on some of the existing homes in the Vine Hill neighborhood which would be
' caused by the new roadway could affect property values. However, the loss of property values
is not an environmental impact per se. The California Environmental Quality Act (CEQA)
Guidelines specifically state that "economic or social effects of a project shall not be treated
' as significant effects on the environment" (Section 15131(a)).
B19 As noted on page 1-24, the abbreviation CCTA stands for Contra Costa Transportation
' Authority. Section 6.0 (References) in the DEIR is amended to include the following citation:
94237.fn1-6/15/95 2-77
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
' "Contra Costa Transportation Authority (CCTA) 1994, Traffic zone level land use data base
for the Central Contra Costa County transportation computer model, maintained by the Contra
' Costa Transportation Authority"
B20 Refer to Response B15.
B21 The typographical error in Table 4.9-3,page 4.9-24 has been corrected. For the year 1994 row,
the "Right-of-Way Violations" column should read "2", instead of"0."
B22 As described in the DEIR on pages 3-4 and 3-19 in Section 3.0 (Project Description), and
under Impact 4.2-5, top of page 4.2-19, applications to vacate public roadways must meet the
findings required under Section 8324 of the Streets and Highways Code and Section 65402 of
' the Government Code.
B23 Appendix A of Mr. Yaeger's letter includes operational details of his proposed Metered Traffic
Alternative. The County Public Works Department is examining these and other design
concepts for upgrading Solano Way. The County appreciates Mr. Yaeger's suggestions. Refer
' to Response B12.
B24 Appendix B of Mr. Yaeger's letter includes an Analysis of How the Metered Alternative and
the Closure Alternative address safety problems noted in the DEIR. Refer to Response B12.
B25 Refer to Response B12.
' 94237.fn1-6/15/95 2-78
GORDON, DeFRAGA, WATROUS & PEZZAGLIA
A Law Corporation
Allan DeFraga Gregory D. Rueb
Thomas A. Watrous George R.Gordon
James A. Pezzaglia (1966-1993)
Timothy J. Ryan
Peter D. LangleyMay 81995 Mailing Address:
,
Richard S. Bruno P.O. Box 630
Bruce C.Paltenghi Martinez,CA 94553
Mr. James Cutler
Contra Costa County C-0
Community Development Department 0-1
651 Pine Street, North Wing
Martinez, California 94553
Re: Tosco Comments to Draft EIR re Impact 4.1-3, pp. 4.1-26 and 4.1-27
Dear Mr. Cutler:
The response to the comment document should include an amendment which
allows for the closure of through traffic on Solano Way with the northern gate being located
between Pacheco Creek and Solano Way on Waterfront Road, Since Tosco is manning the
gates 24-hours a day/365-days a year,Tosco will allow public access to the wetlands located B26
along Waterfront Road. The existing Navy closure gate will remain in place.
Enclosed herewith is a copy of Figure 4.1-12,which includes the proposed new
gate as outlined above.
If you have any questions, please do not hesitate to contact the undersigned.
Very ours,
truly
'y ours,
RICHARD S. BRUNO
RSB:kb
Encl.
01110ONC
2-79
611 Las Juntas Street, R O. Box 630, Martinez, California 94553 Telephone(510)228-1400
EXISTING AND PROPOSED Figure 4.1-12
GATE LOCATIONS
suisun Bay
........................................
Proposed
New Gates ..............................................
` : ':::::::::::::::::............:::::::::::::: Existing U.S.
Navy Gate
......:
wate&omt xoaa
V
• MoD,T�
I •
i
tl
0 i
y ; Mallard Reservoir
DO •
1 1
Proposed ! �
Imhoff Drive 1 New Gates ! Bat
0
Arnold IrYlustrial wa
4 _.
Legend
—-— Tosco Property Line
aMajor Open Space Areas
(designated on County
General Plan)
0 3000 Feet
BM E LLIN
94237-00.03 213/95 2_80
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Richard S. Bruno, Gordon, DeFraga, Watrous & Pezzaglia
(representing the applicant)
B26 The applicant has proposed a slight change in location for the gates at the north end of Solano
Way. Figure 4.1-12 in the DEIR has been modified to delete the proposed gate locations on
Solano Way just south of Waterfront Road and on Waterfront Road just east of Solano Way;
instead, a single gate would be located on Waterfront Road just west of Solano Way (see
revised figure).
94237.fn1-6/15/95 2-81
EXISTING AND PROPOSED Figure 4.1-12
GATE LOCATIONS
Suisun Bay
... ...
............
..............
.. .:..
.............................
Proposed
New GateExistmo
::::.. ............................................
U.S.
Navy Gate
......................................
.....................................
Waterfront Road
i
' '` �g�ta Fc Rsiuoad
e C� •
•
�. s I`
S
Mallard Reservoir
1 /
c
1 Proposed ;
f` Imhoff Drive New Gates
100, �3tes A�eo�e c
nro°Id Industrial wa
SR4 ------�
Legend
— '— Tosco Property Line
EJMajor Open Space Areas
(designated on County
General Plan)
1
0 3000 Fcct
BASELI?�E
94237-00.03213/95 2-82
INTERNATIONAL
TECHNOLOGY May 8, 1995 - -0
CORPORATION J P[7 ; 22
FTs_ qsD
Mr. James W. Cutler
Contra Costa County Community Development Department
County Administration Building
651 Pine Street, 4th Floor, North Wing
Martinez, CA 94553-0095
Comments on Draft Environmental Impact Report
Closure of Solano Way at the Avon Refinery
County File #10-93-CO
Dear Mr. Cutler:
Thank you for the opportunity to review the subject document. As you are aware, IT
Corporation (IT) owns property (the Vine Hill Complex) within the area of the proposed
extension of Waterbird Way (referred to as Alternative 1 in the subject document).
Therefore, IT is interested in not only potential future impacts to its property resulting from
possible changes to Solano and Waterbird Ways but also in accurate representation of
current and future conditions of the IT property. The following provides an update on
closure of the hazardous waste impoundments located on the IT property and comments on
the subject document.
IT has obtained all permits and authorizations to consolidate waste and underlying soils B27
contained in the Baker impoundments and surrounding dike soils into the area of the
I closure landfill (Impoundments C and D-1). The consolidation is scheduled to be
accomplished in 1995. The waste and affected underlying and dike soils will be removed
from all areas related to the eastern alignment of the proposed Waterbird Way extension
' and consolidated in Impoundments C and D-1. Following cleanout of each impoundment,
the remaining soils will be sampled and analyzed. The results of the sampling and analysis
will be used to verify conformance with acceptable risk and hazard levels allowing for
industrial/commercial postclosure reuse. The risk and hazard levels allowing for
industrial/commercial postclosure reuse have been approved by the Department of Toxic
Substances Control and are being evaluated as part of the Environmental Impact Report
(EIR) for the Closure and Postclosure Plans.
In support of the EIR for the Vine Hill Complex, IT sampled and analyzed soils
underneath the Baker impoundments to predict the depth and feasibility of cleanout and to
provide preliminary calculations of the risk and hazard associated with future use of the
excavated areas. The analytical results proved that it is feasible to remove waste and
1
Regional Office
4585 Pacheco Boulevard• Martinez, Califomia 94553-2233. 510-372-9100
IT Corporation is a wholly owned subsidiary of International Technology Corporation
2-83
INTERNATIONAL TECHNOLOGY CORPORATION
Mr. James W. Cutler 2 May 8, 1995
contaminated soils to allow for potential postclosure commercial/industrial reuse of the
property. These results were conveyed in a report previously provided to the County
entitled Results of Chemical Profiling of Soils Underlying Impoundments, Baker Site, Vine
Hill Complex, August 1994. As outlined in the Closure and Postclosure Plans, to verify
adequate cleanout, sampling and analysis of the remaining soil and calculation of risks and B27
hazards will be conducted following the removal of waste and underlying soils from the
Baker impoundments. IT requests that the County convey the above information in Chapter
2 (Summary) and Sections 4.1 (Impact 4.1-9 on page 4.1-32) and 4.6 (Baker Facility
discussion on page 4.6-7; Impact 4.6-1 on page 4.6-14; Impact 4.6-2 on page 4.6-15) of the
subject document, particularly that closing portions of the Baker site along the potential
alignment of Waterbird Way will be completed prior to the roadway realignment/extension.
Closing will be accomplished by removing contaminants to the extent that there would be
no adverse effects associated with construction and use of the roadway.
On page 4.1-9 under the heading "IT Ponds," the third paragraph states what the Closure
Plan EIR is evaluating. The following is provided for clarification. The Vine Hill
Complex Closure Plan EIR is evaluating the proposed Closure Plan which calls for the B28
consolidation of waste from Impoundments A, B, D-2, D-3 and E into the closure cell
located in Impoundments C and D-1. The closure cell will include a synthetic and clay
cover and groundwater control system. As one alternative to that proposed in the Closure
Plan, the EIR is evaluating off-site disposal of the impounded waste and underlying soil.
On page 4.4-5, in the sentence carried over from the previous page, it is stated that the
impoundments adjacent to the Alternative I alignment generate leachate that has impacted
the underlying groundwater quality. The only IT impoundments adjacent to the Alternative
I alignment are Impoundments D-3 and E at the Baker site. As documented in quarterly
and annual groundwater monitoring reports, there is no evidence that groundwater in this B29
area has been impacted by any hazardous constituents. As discussed above, the waste and
contaminated soil will be removed from Impoundments D-3 and E in 1995. Because of the
lack of evidence to support the sentence on page 4.4-5, IT contacted Ms. Lidia Gutierrez of
DTSC. After reviewing the paragraph, Ms. Gutierrez felt she had been misquoted.
Clarification should be obtained from Ms. Gutierrez and the sentence modified or deleted.
In Section 4.5, environmental impacts to biological resources and recommended mitigation
measures for Alternative I are frequently overstated. Numerous mitigation measures are B30
suggested for specific species that have a "potential" to be present. The area of Alternative
I is surrounded by heavily disturbed urban land use. The text and mitigation measures
should better reflect this setting.
2-84
INTERNATIONAL TECHNOLOGY CORPORATION
Mr. James W. Cutler 3 May 8, 1995
Impact 4.5-1 and Mitigation Measure 4.5-1 appear to be based upon flawed data. It appears
to prefer alignments including Reaches 8 and 9 over those including Reaches 7 and 10. B31
Reaches 8 and 9 are the least disturbed pieces of the entire alignment from Arthur Road to
Imhoff Drive; whereas, Reaches 7 and 10 would cross the closed and regraded evaporation
pond and an existing roadway. This conclusion should be reevaluated.
On page 4.6-7, the fourth complete paragraph should also state that inspections of the
closed facility and maintenance activities will be conducted through the postclosure period. B32
The inspection, maintenance, monitoring, and reporting programs are established in the
Postclosure Plan. I
The Alternative 1, Reach 7 Waterbird Way extension calls for a bridge extending from
south of the AT&SF tracks to north of Pacheco Creek, completely spanning the Baker site.
It is unclear why this alternative uses such a long and expensive bridge instead of a
roadway at grade across a portion of the Baker site. If the reasoning had to do with the B33
feasibility or timing of the Baker closure, please see the comments provided above. Reach
7 built at grade or on additional fill would be less expensive than the proposed bridge and
would cross significantly less wetland areas than Reach 8. 1
On page 4.6-15, Mitigation 4.6-2 states that the proposed bridge placement and footing
design be submitted to DTSC for review to ensure that it does not interfere with the B34
groundwater monitoring network and containment systems. IT requests to be included with
DTSC in the review process.
The alignment alternative for Waterbird Way shown on page 4.9-46 would significantly
impact several parcels of private property, including an IT parcel north of Arthur Road and B35
west of Waterbird Way. This alternative would be inferior to the alternative on page
4.9-45.
If there are any questions regarding the above comments, please do not hesitate to call me.
Sincerely,
�Alz
Jane A. Zevely
Manager of Permitting
Vine Hill Complex
AlZI7,77?195-0223,8711'
2-85
1
Y
1
1
1
1
1
1
1
1
1
1
t
1
1
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From IT Corporation
B27 The information from IT Corporation regarding the process through which the company will
close the hazardous waste impoundments at the Vine Hill Complex is noted. Updated
information regarding the closure plans has been incorporated into the discussion under "IT
Corporation Hazardous Waste Ponds," within the fourth and sixth paragraphs on page 4.6-7 of
the DEIR, as follows:
"The groundwater control system proposed for the site would contain and prevent off-site
migration of groundwater. Groundwater monitoring would be conducted for 30 years following
closure to verify proper control system operation. A Postclosure Plan would establish
inspection, maintenance, monitofing, and reporting programs Inspections and maintenance
activities of the closed facility would be conducted through the Postclosure period (Zevely,
1995)....
The proposed closure for the Baker site would involve excavation and consolidation of wastes
and some of the underlying soils from the ponds into a single closure cell. The remaining soils
at the Bakef site wetild likely still eentain seme eentafflination fellewi
eeneentfatiens ef eentafninantsy�,efe identified in seil samples eelleeted at depths that may be
fee deep te wa ant exea fe-,--, 1995). Howevef, 1T- Gefper-afien intends te elean-tq3,
the femaindef of the Bakef site te a level The results of preliminary sampling beneath the
Baker ponds indicate that wastes and affected soils could be removed to an extent that would
allow Postclosure commercial/industrial use. All permits and authorizations to consolidate
wastes and affected soils into the closure cell have been obtained by IT Corporation, and the
consolidation is scheduled to be accomplished in 1995.Following excavation of each
impoundment, the remaining soils would be sampled and analyzed. The sample results would
be used to verify that the level of any residual contaminants were less than the risk and hazard
levels approved by DTSC for industrial/commercial Postclosure use (Zevely, 1995). Cleaning
111)the areas outside the closure cell to levels that would allow industrial/commercial future use-.
4416 and would minimize the area requiring postclosure maintenance and allow for required
setbacks from existing physical constraints or hazards associated with the site (i.e., pipelines,
faults). A groundwater monitoring and control system would also be installed..."
A new reference is added to Section 6.0 of the Final EIR, as follows:
"Zevely, Jane_1995, Manager of Permitting, Vine Hill Complex IT Corporation, Comments
on Draft Environmental Impact report, Closure of Solano Way at the Avon Refinery, letter to
James W. Cutler—Contra Costa County Community development Department, 8 May.
The following modification has been made to the text under Impact 4.6-1 of the DEIR and the
second paragraph on page 4.6-14 is deleted:
94237.fn1-6/15/95 2-86
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
"
materials. Since the consolidation of the IT Baker ponds is proposed to
be completed prior to any construction activity on the Waterbird Way extension, no adverse
effects to construction workers or users of the roadway are anticipated due to the proximity of
the IT Baker ponds.
Mitigation Measure 4.6-1(c) is deleted:
safety plan fer- eenstfuetien wer-kefs, if the 1T Gefpefafieft peads have net been .
The following modification to the text under Impact 4.6-2, the first paragraph on page 4.6-15
of the DEIR has been made:
"The bridge span proposed for Reach 7 of the Waterbird Way extension would cross an
approximately 400-foot wide section of a hazardous waste pond at the IT Baker facility.
Bridge footings would be located at 125-foot intervals, indicating that three footings would be
constructed in the pond area. Th bridge was designed assuming that TT Gefper-afie fi would
vvvuiu
be able te aehieve a elean elasur-e fef that area se that land use weuld be unfestf
Hewevef, it has been established that a elean elesufe and unrestr-ieted land use wetild fiet likely
be ebtainable-, Though the area would be cleaned up to allow industrial/commercial uses,DTSC
indicates that some land use restrictions are likely to be established (Guiterez, 1994). Reeent
-aSoil data collected suggest that following excavation of contaminated soil, residual
contamination would not preclude reuse of the areas outside the proposed containment cell,
such as the proposed roadway alignment..."
rB28 The text in the third paragraph under "IT Ponds," page 4.1-9, is modified as follows:
"...The Vine Hill Complex Closure Plan EIR will evaluate the proposed consolidation of waste
from Impoundments A B D-2 D-3 and E into the closure cell located in Impoundments C
and D-1. The closure cells will include a synthetic and clay cover and groundwater control
system. As one alternative to that proposed in the Closure Plan, the EIR is evaluating whether
the contaminated materials in individual ponds can be moved and disposed of off-site.;-er
Resolution of the issue..."
�. B29 As requested by Ms. Lydia Guiterez of the State Department of Toxic Substances Control, the
word "widespread" at the bottom of page 4.4-4 has been deleted and other changes have been
made to clarify the extent of known groundwater contamination in the area of the IT Baker site.
AThe text of the second and last sentences in the last paragraph of page 4.4-4 has been modified
as follows:
94237.fn1-6/15/95 2-87
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
"....Widespfead Some groundwater contamination associated with migration of leachate from
the landfill has been identified in monitoring wells around the landfill (Guiterez, 1994). The
Impoundments D-3 and E of the IT Corporation Baker hazardous waste ponds, which are
adjacent to the Alternative 1 alignment, have not been documented as generating leachate that
has impacted the underlying groundwater quality (Guiterez, 1994).
B30 The commentor states that the biological resource setting description and mitigation measures
for Alternative I "are frequently overstated" in terms of addressing specific species that have
a "potential" to be present in an area of heavily disturbed urban land use. While most of the
alignment of the proposed Waterbird Way extension traverses through or near lands that have
been disturbed by industry (Acme Fill, IT ponds, Central San), a significant portion of the
western alignment near the ATSF railroad tracks traverses an area composed of a natural lake,
wetlands, and natural hillside. The setting discussion and mitigation measures appropriately
note that these natural areas could support a number of sensitive species.
B31 Mitigation Measure 4.5-1(b)incorrectly referenced the combination of reaches for the Waterbird
Way alignments that would minimize impacts to potential wetlands,as identified in Table 4.5-4.
Mitigation Measure 4.5-1(b) has been modified as follows:
(b) If neither Alternative 2 nor 3 is practical, minimize jurisdictional wetlands impacts by
selecting a proposed Waterbird Way alignment (Alternative 1) that includes a reach
combination of either Reaches 1, ^, 8, 9, !!. -1, 31 71 10, 11 or Reaches 2, 6, 8, n, 11-5 2
5, 7, 10, 11 or design a new alignment. (Alt. 1)
B32 The third paragraph on page 4.6-8 has been amended as follows:
"Following receipt of permits and approval for implementing the proposed closure plan, IT
Corporation anticipates that construction of the closure cell and groundwater control system
would take approximately two years for completion. The permitting process is expected to be
completed sometime in 1995 (Gutierez, 1994). Inspections of the closed facility and
maintenance activities will be conducted though the closure period, as specified in the
Postclosure Plan.
' B33 The eastern alignment for the Waterbird Way extension would require a long (approximately
1,500-foot) bridge that would span Pacheco Creek and the ATSF tracks. The preliminary
alignment study drawings of the roadway and bridge,prepared by Bellecci Associates on behalf
of the applicant, determined that two smaller bridges, spanning the creek and the railroad
tracks, linked by an at-grade road across the closed Baker ponds, would not be as feasible as
one long bridge.
B34 The following modification to Mitigation Measure 4.6-2, page 4.6-15, is incorporated into the
Final EIR:
i
94237.fn1-6/15/95 2-88
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Mitigation Measure 4.6-2 (Alt. t)
The proposed bridge placement and footing design shall be submitted to DTSC and IT
Corporation for their review prior to construction to ensure that it complies with any land
use restrictions established for the facility and its construction would not interfere with
groundwater monitoring and containment systems."
B35 The comment noting that the proposed intersection mitigation for the eastern Waterbird Way
extension alternative (Figure 4.9-10) is superior to the intersection design required for the
western alignment (Figure 4.9-11) is noted.
i
i
1
1
1
1
1
I
94237.fn1-6/15!95 2-89
Mr. George Kellogg
9 Kim Court
Martinez, CA 94553 1 10 DH 2: 48
Telephone: 228-7089
L 1, T DEPT
May 4, 1995
Contra Costa County Community Development Department
651 Pine Street,North Wing, Fourth Floor
Martinez, CA 94553-0095
Ladies & Gentlemen:
Subject: Draft Environmental Impact Report
Closure of Solano Way at the Avon Refinery
County File#10-93-CO
I am writing this letter to support the Tosco Refining Company proposal to close Solano Way to
public through traffic through it's Avon Refinery.
I worked for Tosco at the Avon Refinery and it's predecessor companies for many years prior to
my retirement in 1984. 1 have witnessed first hand traffic accidents which occurred on Solano
Way.
The roadway is substandard, with very narrow traffic lanes, no turn lanes, no access control, and B36
restricted sight distances.
The roadway carries many slow moving industrial vehicles such as cranes, forklifts, and trucks.
Do to some long straight stretches,the roadway invites high speed traffic.
In addition, Solano Way cuts through the middle of the Refinery complex, which places motor
vehicles extremely close to dangerous operating process units.
Solano Way is an unsafe roadway for the motoring public and in the interest of public safety, it
should be closed to through traffic.
Your consideration will be appreciated.
Sincerely,
Georgeello�gg
2-90
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
' Response to Comments From George Kellogg
B36 The comments in support of the proposed vacation of Solano Way are noted.
i
1
1
1 '
94237.fnl-6/15/95 2-91
ZONING ADMINISTRATOR MEETING
24 APRIL 1995 - 1:30 P.M.
' Room #107 - Admin. Building
Item #4 - DRAFT ENVIRONMENTAL IMPACT REPORT: PUBLIC HEARING:
'
CLOSURE R OF SOLANO WAY AT THE AVON REFINERY:
Tosco refining Company has requested to close Solano Way to public through traffic
between the intersection of Solano Way at Waterfront Road and Imhoff Drive/Arnold
' Industrial Highway. This closure would be attained by the installation of gates and
securing staff at Arnold Industrial Highway and Waterfront Road to allow local user
access to their facilities. The Company's proposal is to leave Solano Way in its
1 physical existence and to maintain the roadway in the event it becomes necessary for
public through traffic to resume using Solano Way on an emergency basis. The
County of Contra Costa has requested the Applicant to investigate feasible alternate
' routes in order to accommodate the public through traffic that is using Solano Way;
these include the Waterbird Way Extension and Evora Road. The Draft Environmental
Report (DEIR) reviews the Circulation Element for the North Concord/West Martinez
area. (CT 3200.01 and 3151) (JWC)
MR. BRAGDON: This is a hearing on the adequacy of the Draft Environmental Impact
Report. It is not a hearing on the merits as to whether Solano Way should or should
not be closed; so, testimony should be given only as to whether the draft
environmental impact report, County File #10-93-CO., whether it is adequate or not.
' With that, we will take any speaker in any order and please come forward now.
MR. CUTLER: Mr. Bragdon, let me first tell what we're recommending so that it will
be clear to everyone. Those who have gotten the EIR and has been indicated, the
hearing today is on the adequacy of the Draft E.I.R., and there's the presumption that
you've read it and your comments will be related to it. It isn't on whether you like the
road or don't like the road. The Zoning Administrator does not have the power to
make that decision. That will go to the County Planning Commission and ultimately
the Board of Supervisors.
The closure date for written comments is 5:00 P.M., on Monday, May 8, 1995. If
you would prefer to make written comments, they need to be in the County
Community Development Offices by 5:00 P.M., on May 8th. That's on the fourth
floor of the North Wing.
Staff is recommending to the Zoning Administrator is that they recognize the closure
date of 5 P.M., on May 8th is the closure date for receipt of all comments on the EIR
and that they schedule June 26, 1995 for a decision on the adequacy of the EIR.
2-92
' MR. BRAGDON: Thank you, Mr. Cutler. So, if you wish to speak today, please come
forward otherwise you do have the right to submit you comments in writing to us
before Monday, May 8th at 5:00 P.M., for any other comments you might have on
the Draft EIR.
' MR. ROBERT GABRIEL, 133 Arkinlander Lane, Martinez, California. I'm a homeowner
and taxpayer in this County. Your EIR Draft, which I have here, I went over it. I feel
that it is not current and not accurate mainly since the closure of the Port Chicago
Highway which substantially reduced the public traffic on Solano Avenue. Tosco's _ C1
own admission that their traffic is 80 to 90% refinery workers or people on refinery
business; so, actually, the public's traffic flow has decrease substantially.
'
The report states a given number and millions of dollars to build an alternate road to
Solano upon the closing of Solano. I think any engineer worth his salt would take one
' look at these figures and see right off hand that the alternative road that would be
built to the surrounding area, which are very sensitive areas, 8 million dollars wouldn't C2
even approach it when you're taking about an elevated roadway, overpasses and
things of this type; consequently, the remainder would fall upon the taxpayers of this
County. That's all I have to say. Thank you.
' MR. BRAGDON: Next speaker, please.
' MR. JULIAN FRASER, Martinez City Council Member. You can use the address of
Martinez City Hall, if you like. I also prepared a letter so you also have something on
record; but, these are the concerns I had and it's only a partial list. The City is
working on some. This is my way of getting out in front on a sensitive issue.
The main reason I'm here is because constituents have come to me and said it's C3
important to have that road open and I just listed four (4) brief concerns that sort of
addressed some of the main concerns.
' You can see the first one: The EIR does not address the impacts of the loss of a
subregional connector road for the inter-city trips between Martinez and the Concord
area and that's particularly important in terms of transit. We don't have a way to get
quickly to the BARDT and things like that and that should be considered a route.
Those things weren't taken into consideration I believe.
The EIR does not address the impacts of the loss of an alternative emergency access
route for residents. I'm not talking about a real regional emergency. I'm talking about
if someone needs to get somewhere for their own purposes and it happens to be
' during rush hour or whatever, there's another way to get their and there are some C4
people who get used to these little routes that are not related to traffic and find ways
to get places a lot quicker and in an emergency, a lot of people use those routes.
2-93
Mitigation measures to the impacts related to the concerns stated about would not
9 P
be addressed through the proposed extension of Waterbird Way. We have concerns
about the impacts to Waterbird Way Extension which include closure to people from
hazardous materials. I know the IT Plant is out in that direction and there's a great C5
deal of hazardous exposure out there and also a loss to the wetlands. It makes no
sense. We have a road running right through---and I hope this doesn't go outside the
impact report thing, I didn't mean for that to happen---and put another road through
which actually isn't a solution to the problem but actually the taxpayers' paid for that
road a long time ago and things like that.
Maybe this is the time to address some things that I didn't put on this particular letter
but some things I'd just like to add. I've never seen a real safety issue related to the
use of the road. What I'm hearing, from the gentleman in front of me, was saying,
a lot of it has to do with what has happened at the refinery and worker traffic and
things like that. We have actually solved that on Pacheco Boulevard by lighting,
traffic lights and such. I don't know if that was addressed in the report; but, I don't
see this as something that the public should be burdened with when actually it had C6
to do with, you know, the industry expansion. I think a road going through a refinery
like that helps keep it more safe in terms of if they know there's public in the vicinity,
' they really have to make sure that it looks clean and that it operates efficiently and
there are plenty of examples of refineries adjacent to roads in this whole County and
if this is the argument, we'd have to close all kinds of roads including Alhambra
' Avenue---rather, Shell Avenue, and I wouldn't want to see that happen. It just seems
like we've had this road open for a long time and it doesn't seem like it's been a
safety issue for the general public.
This is somewhat important: The results of the traffic study taken during the closure
of Pacheco Creek Bridge should not be used as an accurate measure of traffic demand
ion Solano Way and, again, I need to repeat that these issues were brought from
public members who came to me, called me, saying: "Look, who's on top of this?"
And, one of them was: How could they make a study on a road's use when they've C7
iclosed a bridge? After looking at this a little closer, a last-minute thing on my way
over here, my logic was: I would hope that any comparison type of study was made
' before the closure of the bridge. Anything that was made during or after the closure,
in my mind, simple logic would say it was tainted by the closure of the bridge and is
not a good thing.
My other comment to that, if usage of a road is a reason to justify a road being Cg
closed, we'd be in deep trouble. We'd have to close a lot of roads. It's not
necessarily the usage but the need for the road.
The other thing that didn't get put on this letter that 1 am concerned about, has to do
1 with road closures and a very sensitive issue that has come up recently and in a lot C9
of peoples' mind is connected with road closures and that's the closure of the Port
2-94
Chicago Highway. I dont want to let this part of the County open to any other kind
of proposed development on the part of the Government or any other whether its
development interests or not, that is substantiated because it is a public safety issue
and this particular area has a less amount of closure because they recently closed
' roads and things like that and I'm referring to the idea of transporting and transferring
nuclear waste in that part of the County. What happens here is you close that road C9
and you basically have taken a part of the County and said, the public really doesn't
go over there and I didn't see that in the Impact Report. 1 know in other impact
reports they talk about the project being a potential for growth. Do they even study
in an impact report is closure of this road a potential for making a certain part of the
County subject to less desirable types of developments? There are plenty examples
in the County. I don't want to name every one of them. Some are things that we
have to have; but, I'm not interested in this road being closed and that's an issue that
' may or may not be on the Board. Thanks.
MR. HAL R. YEAGER, 89 Baylor Lane, Pleasant Hill, Calif. I'm representing myself.
C10
First off, I will compliment the preparers of the EIR that in terms of technical, J
typographical errors, there are fewer than the C.C.T.A's Draft EIR.
Now, getting on to substantive points, I could not find a place in the Draft EIR that
addressed the effects that the Waterbird Way extension would have on the property C11
values of both the Vine Hill and the Blum Road areas. If they are not in there, I would J
ask that it be augmented to include a discussion on that point.
I want to tag a little bit on to Julian's comment about closing Solano Way making it
' a less desirable area and, therefore, less desirable developments going in. That should CI12
go under the accumulative impacts study area. —1
iHowever, my main point is, I think the EIR is defective in that it did not take into
account the closure of Port Chicago not in terms of the nitty-gritty of the traffic
analysis but in terms of the broader picture. I think that now with the closure of Port
Chicago, there is another alternative that can be studied and that is specifically
keeping Solano open but metering the traffic, the non-Tosco employee, Tosco
business traffic and the general public traffic and that could be done by setting up two
lane that feed into the main portion of Solano one which allows Tosco employees and
business vehicles to go through unmetered and then another lane which may be a C13
guard gate; may be a guard arm or what you do to get onto a freeway, a traffic light
that just merely meters the cars, spaces them out to prevent the accumulation of
Tosco employees on the road.
Right now, the road is closed defacto, as we heard. Ninety percent of the traffic on
that road are Tosco employees or Tosco related traffic. Closing it is not really
commensurate with the risks involved now on that road; so, I think a far cheaper; an
environmentally superior alternative would make everyone happy is to just meter the
2-95
traffic and this fell into place with the closure of Port Chicago and I think it should be
given serious consideration as a good alternative, a fourth alternative to the entire
closure and I think a lot of things can be done along the roadways such as putting in
stop signs; putting speed bumps; putting guardrails in front of troublesome power C13
polls. That would address Tosco's other concerns and all this can be done with far
less money than paying 8 to 10 million dollars to build a new road. So, I think they
would embrace it; that they would step back saying, hey , this is a great idea, we'll
' study it now as another alternative and I think this came in place now when seeing
' the final effect of closing Port Chicago. Thank you .
RUSSELL LEAVITT, 5019 Imhoff Place, Martinez, Calif. I'm a Planning Assistant with
the Central Contra Costa Sanitary District. I will be brief but will follow up this
statement with more specific written comments.
From Central San's perspective, the Draft EIR has a number of inadequacies especially
related to impacts on the district's land and sewer facilities. Further, the level of
detail for Alternative #1, the Waterbird Way Extension, still is only sufficient at most
for a program EIR level analysis and not for project approval. Nonetheless, what the
draft EIR thus far does clearly show is that the Waterbird Way Extension rather than C14
being an alternative which mitigates significant project impacts would create more
' impacts than it would solve, as evidenced by the designation of the project and not
Alternative #1 is the environmentally preferred alternative. And, if fact, that these
impacts would warrant the removal of Waterbird Way from the General Plan
' Circulation Element. Thank you .
MR. BRAGDON: Thank you. Is there anyone else wishing to speak on Item #4, EIR
' on the closure of Solano Way at Avon refinery? Seeing no one else rising, I will close
this part of the hearing and indicate that comments may be mailed to our office, the
Community Development Department Office at 651 Pine Street, Martinez, California,
' before Monday , May 8, 1995, at 5:00 P.M. Any comments made today and received
in writing by that date will be incorporated in the final environmental impact report
and as Mr. Cutler has indicated at the Zoning Administrator's hearing on June 26,
1995, which will be a closed hearing, I will then render a decision as to the adequacy
of the Final Environmental Impact Report before this project goes to the next stage.
' There was no further discussion on this item.
2-96
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
COMMENTS RECEIVED AT THE PUBLIC HEARING
Response to Comments From Robert Gabriel
Cl The Port Chicago Highway was closed to through public traffic in February 1995. A drop in
public traffic on Solano Way was documented prior to the closure of Port Chicago Highway,
during the period in 1993 and 1994 when the Waterfront Road bridge at Pacheco Creek was
being reconstructed by Contra Costa County, and after new lane construction on the 1-680
freeway was completed in 1992 (see discussion on page 4.9-21 of the DEIR).
C2 The comment regarding the low cost estimate ($8 million) for constructing the Waterbird Way
extension, prepared by the applicant's engineer, is noted.
Response to Comments From Julian Frazer
C3 Regarding the loss of a sub-regional connector route between Martinez and Concord, see
Responses A4 and A9.
C4 Regarding the loss of an alternative emergency access route for Martinez citizens, see
Responses A5 and A10.
C5 Regarding impacts related to the Waterbird Way extension, see Responses A6 and A 11.
C6 The possibility of upgrading and improving the existing Solano Way to remove safety hazards
was analyzed as Alternative 3 (Solano Way upgrade)throughout all sections of the DEIR. The
comments regarding improvements to Pacheco Boulevard and Shell Avenue adjacent to the
Shell Oil refinery are noted.
C7 Refer to Response AT
C8 The comment is noted.
C9 The comments regarding the potential impacts of less desirable land uses locating in areas of
the County that have been closed to public access, such as the Concord Naval Weapons Station,
are noted. Refer to Response A16. The closure of public roads through the Naval Weapons
Station was studied as part of a previous EIR, the Concord Naval Weapons Station General
Plan Amendment and Road Vacation (September, 1988).
Response to Comments From Hal R. Yaeger
C 10 The comment is noted.
94237.fnl-6115195 2-97
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
C 11 Refer to Response B 18.
C 12 Refer to Responses A 16 and C9.
C13 Regarding the commentor's proposal for metering traffic on Solano Way, refer to responses
B12, B13, and B23.
Response to Comments From Russell Leavitt
C14 Refer to Responses A26 and A27.
94237.fnl-6/15195 2.98
1
FINAL ENVIRONMENTAL IMPACT REPORT
tx
S � �Yp FAS
GLSURE t�FStJLAN WAY E
F
�A THE AVC}N l�FFI�IERY � � y ,
June 1995
Prepared for
Contra Costa County Community Development Department
Prepared by
BASELINE Environmental Consulting
DKS Associates
Illingworth & Rodkin
Wetlands Research Associates
Donald Ballanti
94237
TABLE OF CONTENTS
page
1 INTRODUCTION 1-1
2 COMMENT LETTERS, PUBLIC TESTIMONY,
AND RESPONSES TO COMMENTS 2-1
iii
INTRODUCTION
1. INTRODUCTION
This document, in conjunction with the Draft Environmental Impact Report (Draft EIR) on the
Closure of Solano Way at the Avon Refinery, published in March 1995, constitutes the Final EIR for
the project. The purpose of this document is to present the comments that were received during the
public review period and to provide responses to comments on the adequacy of the Draft EIR. A
public hearing on the adequacy of the Draft EIR was held in Martinez on 24 April 1995 during the
public review period for the Draft EIR; the public review period began on 24 March 1995 and ended
on 8 May 1995.
During the public review period, a total of 21 letters were received from the public; comments were
also received during the public hearing. Some of the comments on the Draft EIR pertained to the
adequacy of the Draft EIR analysis, while others pertained to the project and its alternatives. In
accordance with the CEQA Guidelines, this document responds to those comments received on the
adequacy of the Draft EIR analysis. Where comments were received on the project and its merits,
the comments are responded to as "Comment noted."
In response to some of the comments received during the public review period, changes have been
made to the text of the Draft EIR. These text changes are described in individual responses to the
applicable comments, text additions are indicated by underlining and deletions by cross-outs.
94237.fni-6/15/95
i
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND
RESPONSES TO COMMENTS
r
r
o�
2. COMMENT LETTERS, PUBLIC TESTIMONY, AND
RESPONSES TO COMMENTS
A total of 21 letters were received commenting on the Draft EIR; in addition, comments were
received during the public hearing. The comments within each letter have been numbered
sequentially and the comments from the public hearing have likewise been numbered. The comment
numbers are identified in the margins of the original letters received and the margins of minutes from
the public hearing. All comments received are enclosed in this section and the commentors are listed
below:
Commentor Comment Number
Letters Received from Public Agencies
Contra Costa County Local Agency Formation Commission Al
Contra Costa County Office of Emergency Services A2
City of Concord, Mayor Helen Allen A3
City of Martinez, Councilmember Julian Frazer A4 through A8
City of Martinez, Mayor Michael Menesini A9 through A 17
East Bay Regional Park District A18 through A20
Mt. View Sanitary District A21
California Department of Transportation A22 through A24
Central Contra Costa Sanitary District A25 through A33
Contra Costa County Public Works Department A34
California Governor's Office of Planning and Research A35
Contra Costa Mosquito and Vector Control District A36 through A40
Letters Received from Private Companies, Citizen Groups,
and Members of the Public
Mt. Diablo Audubon Society BI
Clyde Civic Improvement Association, Inc. B2
Avon Refinery Federal Credit Union B3
Wickland Oil Martinez B4 through B6
Ruth Jones and Charles Justin B7 through B9
Hal R. Yaeger, Ph.D. BIO through B25
Gordon, DeFraga, Watrous & Pezzaglia B26
International Technology Corporation B27 through B35
George Kellogg B36
Comments Received at the Public Hearing
Robert Gabriel C I through C2
Julian Frazer C3 through C9
Hal Yaeger CIO through C13
Russell Leavitt C14
94237.fni-6115195 2-1
CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION
651 Pine Street,Eighth Floor • Martinez,CA 94553-1229
fc (510)646-4090 • FAX(510)646-2240
MEMBERS ALTERNATE MEMBERS
Gayle Bishop Dwight Meadows Joseph Canciamilla
EXECUTIVE OFFICER County Supervisor Special Districts Pittsburg City Council
ANNAMARIA PERRELLA Frances Greene Michael Menesini Martin B.McNair
Public Member Martinez Cin,Council Public Member
David Jameson Mark DeSaulnier Susan McNulty Rainey
Special Districts Count•Supervisor Special Districts
March� 27 , 1995 Gayle B.Uilkema Tom Torlakson; Lafayette City Council County Supervisor
1 TO: James W. Cutler, Assistant Director of
Comprehensive Planning-Community Development Department
FROM: Annamaria Perrella, Executive Officer
SUBJECT: DEIR CLOSURE OF SOLANO WAY AT THE AVON REFINERY
----------COUNTY FILE #10-93-CO
-------------------------------------------------
Thank you for submitting the subject document to LAFCO for
review.
Al
However, it appears that LAFCO will have no discretionary
approval authority over the project, in tandem with or separate
from that of the Lead Agency. Therefore, I have no comment on
the environmental process.
i
�I 2-2
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
LETTERS RECEIVED FROM PUBLIC AGENCIES
Response to Comment From Contra Costa County Local Agency Formation Commission
Al The comment is noted.
94237.fni-6/15/95 2-3
CONTRA COSTA COUNTY
OFFICE OF EMERGENCY SERVICES , 2 AM ; 17
50 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553-
Tel. (510) 646-4461 Fax. (510) 646-1120
;T DEPT
April 11, 1995
To: James Cutler, Assistant Director of Comprehensive
0 Planni
From: Gary Brown /i�;cror
Subject: Draft Environmental Impact Report, Closure of Solano Way
at the Avon Refinery, County File #10-93-CO
�. With regard to the above subject, this memo is to be considered as
official comment.
I have no objection to the proposed closure of Solano Way between
Waterfront Road and Imhoff Drive/Arnold Industrial Highway as long
as approval of such request is conditioned on Tosco Refining
Company entering into an agreement with the county providing for
three things:
1) Normal or emergency access for personnel from public
agencies, easement holders, right-of-way holders and
other parties for purposes of repairing or investigating A2
or studying possible construction of new utilities.
2) Emergency access, as necessary, by emergency response
agencies such as law enforcement, fire and ambulances.
3) Emergency use by general public traffic as may be
necessitated by an emergency such as a major accident on
or major damage to other public roadways in the area and
as requested by the Incident Commander at the scene of
such emergency.
Specific procedures for gaining emergency access under any of the
above situations must be set forth in such an agreement.
It should be noted that these conditions are similar to those
included in an agreement with the Concord Naval Weapons Station
with regard to the closure of portions of Port Chicago Highway,
Waterfront Road and Main Street which run through the Station's
property.
GB:af
cc: Scott Tandy, Chief Assistant County Administrator
2-4
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Contra Costa County Office of Emergency Services
A2 The comments are noted. The Director of the Office of Emergency Services requests that the
applicant enter into an agreement with the County to allow normal and emergency access for
certain parties of interest, as well as for emergency response agencies and the general public
during major emergencies, such as freeway accidents. Such specific conditions could be
attached to the approval of the Solano Way vacation, as indicated in Mitigation Measure 4.6-4.
94237.fn1-6115195 2-5
Crn,of COxORI) (111-1 Col"cl I.
I 1(.](.Il M. AlIcIl. NLI\m
1950 Parkside Drkc, NIS/01
Collowd, Calilomij • J f ri Lou R(,Sas.\i(c Nlj,�,I
FAN: (510) 798-0636 Coliccli Coli
r,� If I NII Mt NI;migal
Nfiduwl A. I1,k,tn(k
OFI:IcF.or �1 I I I- NI.kN ow cnuri h. k
Tclrpholw: (.)III) 671-M.58 Thmlm.\V,.III (lm 1*1(%I:Iiicl
May 1, 1995 iji\\;Ild R.J.1111c'. CmMaluig,I
Mr. James Cutler
Assistant Director of Comprehensive Planning
Contra Costa County Community Development Department
651 Pine Street, North Wing, Fourth Floor
Martinez, CA 94553-0095
Dear Mr. Cutler:
I am writing in regard to the Draft Environmental Impact Report for the closure of Solano Way
at the Tosco Refinery at Avon. The City Council's Committee on Housing and Economic
Development, at their meeting of April 25, 1995, considered the attached staff report relative
to this issue and supports staff's recommendation to forward this letter summarizing comments
and suggestions.
The proposed closure of So' lano Way would occur outside of our City limits. However, it does A3
have an impact on persons wishing to travel to or from the north. The County should study and
consider the necessity and feasibility of providing a replacement road. If Solano Way is closed,
the County should ensure that turn-arounds are constructed at the entrance gates.
The marshlands and waterfront along the Suisun Bay are an environmentally sensitive area that
are studied and enjoyed by many persons. The County should ensure that provisions be made
for the public to access these sites.
The City of Concord urges you to include these suggestions as mitigations to the project.
suggestions
If you have any questions, you may wish to contact Torn Clausen, Director of Engineering &
Transportation at 671-3137.
Sincerely,
Helen M. Allen
Mayor
Attachment
VPITC05
cc: City Council
Edward R. James, City Manager
Torn Clausen, Director of Engineering& Transportation
2-6
AGENDA rrEM NO.
��` ifs'
. REPORT TO COUNCIL COMMITTEE ON
--joneor HOUSING AND ECONOMIC DEVELOPMENT
TO THE HONORABLE COMMITTEE MEMBERS:
DATE: April 25, 1995
SUBJECT: CLOSURE OF SOLANO WAY AT THE TOSCO REFINERY AT AVON
Report in Brief
Tosco Refining Company has requested closure of Solano Way between Waterfront
Road to the north and Imhoff Drive/Arnold Industrial Highway to the south. The refinery
and the proposed road closures are in Contra Costa County. A map is attached. The
roadway bisects the refinery, and the closure is proposed to minimize public health risk for
motorists.
The County has prepared a draft environmental impact report (EIR). Written
comments on the EIR can be submitted until May 8, 1995. The County will hold a public
hearing on April 24, 1995 at the County Administration Building in Martinez to receive
comments on the EIR.
The closure is outside the City limits, but within the sphere of influence. Staff
recommends that the Committee request that the County consider the necessity and
feasibility of providing a replacement roadway,construction of appropriate turn-around areas
at the closure points, and provisions for public access to the marshlands and waterfront along
Suisun Bay.
Background
The
ackgrou d-
The Tosco refinery is bisected by Solano Way. The proposed closure was requested by
Tosco. As stated in the EIR, "The purpose of the proposed closure of Solano, Way is to
eliminate public exposure to unsafe road conditions on and along Solano Way and
Waterfront Road and to eliminate public exposure to the operation of the Tosco Avon
Refinery complex." The roadway is narrow (22 to 30 feet of pavement with no shoulders),
with poor sight distance. The EIR states that based on tidal data, there is flooding an
average of 20 times per month on Waterfront Road during winter rains with high tides.
There are a number of incidents each year at the refinery which requires closing the
gates to the refinery. Traffic backs up on Solano Way during these gate closures. For
example, during April through December 1994, traffic was delayed significantly on 24
occasions, with public through traffic delayed an average of 20 minutes.
2-7
Closure of Solano Way at the Tosco Refining Company Refinery at Avon
April 25, 1995
Page 2
The traffic volume on Solano Way was 4,400 daily trips in 1994. The EIR states that
few of these trips are through trips, with most of them destined to and from the refinery.
In 1993 and 1994, Waterfront Road north of Solano Way was closed to through traffic while
a bridge was reconstructed. The traffic volumes shifted to the south to access the refinery.
Counts taken for the EIR after the reopening of the bridge did not show any overall increase
in traffic on Solan Way.
Discussion
The proposed closure of Solano Way would occur outside of the City limits. The
primary concern is access for persons wishing to travel to or from the north. With the
previous closure of Port Chicago Highway by the Naval Weapons Station in February 1995,
Solano Way is the only north-south road in the area.
Access for the marshlands and waterfront would be possible with Tosco providing a
means to travel on the roadway through the refinery area. However, other access for
through traffic will not be possible except for emergency situations. Through traffic currently
using Solano Way would need to shift to other existing roads, primarily Interstate-680. This
shift could be inconvenient for motorists who currently use Solano Way as a through way.
The project includes other proposed changes to the County General Plan. These
changes are noted on the attached map from the EIR. The primary change is the closure
of Solano Way.
The EIR includes provision for public access through the gates for emergency situations
and for persons wishing to visit the marshlands and waterfront of Suisun Bay. It is not clear
in the EIR that turn-around areas would be provided. Separate from the project but
included in the EIR is consideration of an alternate road. The EIR does not consider this
alternative as required mitigation.
Staff recommends that the County and proponents (Tosco) give the matter of an
alternative roadway proper study and consideration. In addition, staff recommends that
adequate turn-around areas be provided, emergency access be guaranteed and access to the
marshlands be provided. All these issues should be placed as conditions of approval on the
proponents.
Fiscal Impact
There is no direct fiscal impact of this project.
Public Contact
Theostin of the Committee meeting agenda provides information to the public. The
P g
EIR process by the County also includes public notice and public hearings with the
opportunity to comment on the draft EIR.
2-8
i'
Closure of Solano Way at the Tosco Refining Company Refinery at Avon
April 25, 1995
Page 3
Alternative Courses of Action
The Committee may wish to take no action, to make comments or to request that staff
provide comments to the County on the draft EIR.
Recommendation for Action
Staff recommends that the Committee request that the County require adequate study
and consideration of the necessity and feasibility of a replacement roadway, ensure the
construction of turn-around areas, and ensure that there are provisions for public access to
the marshlands and waterfront along Suisun Bay.
Edward R. James Tom Clausen
City Manager Director of Engineering & Transportation
Enclosures: Map of the area from the EIR
VP04TC04 2-9
f yam, a 0
co
451
1 �
0
rill tea
01
D'
.o c
% .�
• � V
01
t
�, �°• Geo
c�a• co.. .r�o •
p i
3 Cd '� o
x �
2-�fl
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From City of Concord
A3 The City of Concord is a responsible agency under this EIR, and could use the EIR analysis
if the City decides to adopt modifications to the Concord Transportation/Circulation Element
of the General Plan. The City requests that turnarounds be constructed at the gates, if Solana
Way is closed. Design plans for the gate areas have not been prepared by the project proponent.
However, it is common practice to provide a turnaround area outside any constructed gate so
that drivers are not "trapped." Alternatively, if the gate station is to be staffed 24 hours per
day, the turnaround could be constructed just inside the gate. This is a engineering detail that
could be handled at the time that the gate design is approved by the County. The City also
requests that the marshlands and waterfront along the Suisun Bay remain accessible by
members of the public. This issue is addressed in Mitigation Measure 4.1-3.
94237.fn)-6,115195 2-11
April 24, 1995
Zoning Administrator
Contra Costa County
651 Pine Street
Martinez, CA 94553
To County Zoning Administrator:
I have concerns with the Draft EIR on the .closure of Solano Way.
1. The EIR does not address the impacts of the loss of a sub- A4
regional connector road for intercity trips between Martinez
and the Concord area. j
2. The EIR does not address the impacts of the loss of an 7
alternative emergency access road for Martinez residents. A5
-i
3. Mitigation measures to the impacts related to the concerns
stated above should not be addressed through the proposed
extension of Waterbird Way. We have concerns with the impacts A6
of the proposed Waterbird Way extension which include exposure
of people to hazardous materials and loss of wetlands.
4. The results of the traffic study taken during the closure of
the Pacheco Creek Bridge should not be used as an accurate A7
measure of the traffic demand on Solano Way.
The closure of roads . is a sensitive issue and affects all the
communities within the area. The closure of roads and loss of
public access through the site could allow for increased operations
of the facility as we have seen with the recent closure of another .
road in the county. The closure of that road has led to the
potential for an expanded nuclear waste site.
A8
There is a great public concern with the closure of Solano Way. I
have been asked by a number of constituents to convey this concern.
This is only a partial list, further comments will be submitted by
the Martinez City Council, which they will be considering at the
May 1, 1995, Council meeting.
Sincerely,
Julian Frazer �'
Martinez Councilmember A
C-7
2-12
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Julian Frazer, Martinez Councilmember
A4 The DEIR notes that the closure would eliminate an available route between the Benicia Bridge
and the Bates Avenue industrial area of Concord (page 4.9-42). This is the same route that
would be used for intercity travel between the north end of Martinez and the northeast portion
of Concord. However, as noted in the DEIR, few vehicles are projected to use Solano Way
in the years 2000 and 2010 as a through-route. The transportation analysis indicates that only
150-180 vehicles are projected during the PM peak hour on Solano Way. Therefore significant
impacts on traffic level of service were not identified as a direct result of the closure to through
traffic.
A5 As noted in the project description, the Project Proponent proposes to make Solano Way
available as an alternate route in the event of emergencies such as closure of 1-680. In these
cases, Solano Way would be available to Martinez residents. Under the Waterbird Way
alternative, Waterbird Way would be available as an alternative route.
A6 The comments are noted. Impacts and Mitigation Measures 4.6-1 and 4.6-2 in the DEIR
address the issue of potential exposure of Waterbird Way extension construction workers to
hazardous materials (also refer to Response B27, which augments the discussion under the two
impacts.) Impacts and Mitigation Measures 4.5-1 and 4.5-5 address the issue of impacts to
wetlands along the proposed Waterbird Way extension.
A7 The existing traffic demand on Solano Way was measured by traffic counts. Projections of
traffic demand in 2000 and 2010 were made using the Contra Costa Traffic Authority's
Central/CMP model (see page 4.9-28 of DEIR for description). The traffic study taken by
others during closure of the Pacheco Creek bridge was only used to infer the extent to which
through traffic uses Solano Way under existing conditions.
A8 The comments are noted.
94237.fn1-6115195 2-13
City of Martinez
523 Henrietta Strcct, Martinez, CA 94553-2394 (415) 372-3505
FAX (415) 372-0257
18 7 6
May 5, 1995
Cn
Zoning Administrator
Contra Costa County
651 Pine Street
Martinez, CA 94553 CO
Dear Zoning Administrator:
co
The City of Martinez has the following comments on the Draft EIV,on
the closure of Solano Way.
1. The EIR does not address the impacts of the loss of a sub-
regional connector road for intercity trips between Martinez A9
and the Concord area (If an alternative route is not
constructed) . 1
2 . The EIR does not address the impacts of the loss of an
alternative emergency access road for Martinez residents . For
example, during periods of freeway congestion, Martinez AlO
residents can use Solano for access to Mt. Diablo Hospital .
3. The City is opposed to the extension of Waterbird Way due to
the impacts of such extension including exposure of people to
hazardous materials; loss of wetlands, woodland and riparian
habitats and other environmentally sensitive lands . This
alternative should not be listed as a mitigation measure foc All
impacts created by the closure of Solano Way. The EIR should
also discuss the impacts of this alternative on property
values in Vine Hill and Blum Road. 1
4 . Impact 4 . 1-3 . Mitigation measures should require that the
applicant fund the cost of patrolling Waterfront Road from
Highway 680 to the new gate since this impact will affect the
entire length of Waterfront Road from 680 to the east. If a Al2
new gate is constructed to the west- of the existing gate, a
mitigation measure is needed to require access for bicycles
from the Walnut Creek channel regional bicycle route.
5 . Impact 4 .9-14 indicates elimination of the only north-south
bicycle route east of Pacheco Boulevard and Impact 4 .2-3
approval of General Plan amendment to vacate Solano Way which
would amend planned bicycle lanes, riding and hiking trails A13
and other open space resources and recreation facilities .
Mitigation measures should require contribution towards or
construction of the planned trai-1 along the Walnut Creek
channel along with a bicycle 'Lane and access for bicycles
along the closed portion of Waterfront Road between the Walnut
Creek channel and Solano Way.
2-14 MICHAE11. N1. MAYOR
6 . The traffic study should include a review of potential through
trips from Martinez to Concord during the construction of the A14
Benicia Bridge and toll plaza. j
7. The EIR should discuss the economic impacts on downtown A1S
Martinez.
I
S. Would the lack of public access to this area make it easier -I
for one of the industrial sites to be used for hazardous waste A16
treatment? 1
9 . Tosco should investigate the alternative of building their own 1
private road circulation system parallel to and over/under A17
Solano Way, similar to what Shell has near Marina Vista.
Sincerely,
Michael Menesini
Mayor
c: Rick Bruno
cdd:Ltr-ccc-soLanowaycLosure
1
1
1
1
2-15
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From City of Martinez
A9 Refer to Response A4.
A10 Refer to Response A5. If the closure of Solano Way is approved, during periods of congestion
on the area freeways (SR 4 and I-680), Martinez residents traveling to Mt. Diablo Hospital
could use other alternative routes such as Pacheco Boulevard to Concord Avenue.
All The comments are noted. Refer to Response A6. Regarding impacts related to loss of property
' values in the Vine Hill and Blum Road neighborhoods, refer to Response B18.
Al2 Regarding Mitigation Measure 4.1-3, refer to Response B6. Regarding access to bicycles
through the proposed gate on Waterfront Road, Mitigation Measure 4.1-3 requires the applicant
to provide recreation access to the marshlands for persons arriving by car or other means.
A13 Mitigation Measure 4.2-3(a) addresses the possibility of the applicant contributing to the costs
of constructing the multi-use trail along the Walnut Creek Flood Control Channel. Note that
the applicant, Tosco Refining Company, has already been required as a condition of approval
of the Clean Fuels Program to donate $ 75,000 toward planning and engineering cost of the
multi-use trail. As indicated above in Response Al2, Mitigation Measure 4.1-3 requires the
applicant to provide public access, including bicycle access, through the gate on Waterfront
Road to the marshlands areas.
A14 According to Caltrans(Emil Miranda, 1995,Associate Transportation Engineer,Design section,
Caltrans, Region 4, telephone conversation with Mike Kennedy of DKS Associates, June 25),
existing lanes on I-680 will be maintained during all peak periods while construction of the
second Benicia Bridge and new toll plaza is taking place. Therefore, no additional through
trips from Martinez to Concord on local streets are anticipated during construction of the new
bridge and toll plaza.
A15 The DEIR has identified no environmental impacts on downtown Martinez due to
implementation of the project or the alternatives. As noted in Response B18, the California
Environmental Quality Act (CEQA) Guidelines specifically state that "economic or social
effects of a project shall not be treated as significant effects on the environment" (Section
15131(a)).
A16 The question regarding whether lack of public access in the Solano Way area could make it
easier for a hazardous waste treatment facility to be located there is speculative and cannot be
analyzed in this DEIR. The applicant, Tosco Refining Company, has not indicated any plans
to seek or allow additional uses, such as hazardous waste treatment facilities, on their
properties.
94237.fn1-6/15/95 2-16
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
A17 Neither the applicant, Tosco,nor Contra Costa County staff have indicated that the construction
of an additional circulation system of roads that does not intersect with Solano Way at-grade
is a feasible possibility, so this was not studied as an alternative in the DEIR.
94237.fn1-6/15/95 2-17
RKS
EAST SAY REGIONAL PARK DIS i RIOT
May 5, 1995
Mr. James Cutler
Contra Costa County Community
Development Department
651 Pine Street
Martinez, CA 94553
Subject: DEIR For The Closure Of Solano Way
Dear Mr. Cutler:
The EBRPD has reviewed the subject document and offers the following comments:
The EBRPD recognizes the necessity of the Waterbird Way extension to have to cross a small portion of its
lands commonly known as the Shell Marsh". Since there is the possibility of regional trail development within A18
that right-of-way, this prospect would not constitute a significant adverse impact upon regional park and
recreation facilities. However, The EBRPD should be identified as a responsible agency which would have to
rely upon the subject EIR as it considers an encroachment permit for this project.
Additionally EBRPD wishes to insure that the proposed public access improvements to the Shell Marsh along
Waterbird Way be covered as part of this project. Another letter will be sent under separate cover which A19
addresses these concerns in detail. I
The EBRPD strongly supports the portion of mitigation measure 4.2-3 which relates to a financial contribution
towards the development of a regional trail along the Walnut Creek Flood Control Channel. It will be pleased to
cooperate with the county and the applicant towards this objective. With respect to the portion of this mitigation A20
measure relating to baseball fields, it is not clear to the EBRPD how this would relate to the potential for
adverse impacts a planned regional trail system.
The EBRPD appreciates the opportunity to review and comment upon the subject document.
Very truly yours,
T.H. Lindenmeyer
Environmental Coordinator
ds
2-18
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From East Bay Regional Park District
A18 The plans for the Waterbird Way extension (Alternative 1), western alignment, that were
developed by Bellecci Associates indicate the need to intrude into a small portion of the East
Bay Regional Park District property. The new roadway would need to traverse through the
hillside immediately west of the current Waterbird Way/Arthur Road intersection,if the western
alignment were chosen. The marshland portion of the property should not be affected. The
seventh "bullet" under the list of"Required Approvals" at the end of Chapter 3 is modified as
follows:
Approval by the Contra Costa Water District and/e Central Contra Costa Sanitary
District, or East Bay Regional Park District (if the project or any approved alternatives
required encroachment or acquisition of agency rights-of-way)."
A19 The comment refers to a second letter from the agency which discusses public access
improvements to the Shell Marsh, which are not a part of the "project" that is analyzed in this
DEIR.
A20 Mitigation Measure 4.2-3 addresses the loss of regional recreation opportunities (trails) if
Solano Way were closed to the public. The measure states that the applicant could be required
to contribute toward the cost of constructing the planned multi-use trail along the Walnut Creek
Flood Control Channel or,alternatively,could ensure the long-term use of the existing ballfields
located on Tosco property by members of the public, such as through an easement. The EIR
preparers believe the provision of public recreation facilities such as the ballfields could help
to mitigate for the loss of bicycle or other public access along Solano Way or through the
Tosco property.
94237.fn1-6/15/95 2-19
T. VIEW SANITARY BISTRICT
1-ii"i f, -a p1m 09
SERVING CONTRA COSTA COUNTY SINCE 1923
SANITARY
DISTRICT UEPT
MARTINEZ,CA.
FORMED(];23
May 5, 1995
Contra Costa County
ARD OF DIRECTORS Community Development Department
STANLEY R.CALDWELL 651 Pine St, North Wing-Fourth Floor
fRTHURJ.CASTRO
EGMartinez, CA 94553-0095
NEST 0.PASUEY
ORY T.PYKA ATTN: James Cutler
DOROTHY M.SAKAZAKI
LAVIDCONTRERAS RE: Draft environmental impact report-- "Closure of
ICT MANAGER Solano Way at the Avon Refinery", County file #10-93-Co
SHERI L GADD
IrRETARY
11AViD J.LEVY Dear Mr. Cutler:
ATTORNEY
ANDOLPH W.LEPTIEN The Mt. View Sanitary District manages a portion of the
ENGINEER Shell marsh adjacent to Waterfront Road and the western
end of Waterbird Way. It jointly manages the whole of
the wetlands with the East Bay Regional Parks District,
California Department of Fish and Game and Contra Costa
Mosquito and Vector Control , Impact 4 . 5-12 (Alt 1)
implies an affect on the wetlands wildlife in Shell
Marsh only along Waterbird Way.
The District is concerned that mitigation measures A21
(Mitigation 4 . 5-12) do not adequately address the impact of
increased traffic along Waterfront Road from its junction
with Waterbird Way west to the junction of Waterfront Road
and the Marina Vista-1680 freeway offramp. The mitigation
proposes native shrubs to blunt noise only along Waterbird
Way, but the study alternatives predict increased traffic
on Waterfront road also. The increased traffic, much of it
trash collection trucks and private vehicles hauling trash
to the transfer station, will increase litter and
opportunity for vandalism along Waterfront Road as well as
along Waterbird Way. Wildlife may ingest the litter or
become entangled with litter. Vandalism, trespass and
illegal hunting all may increase with the increased
traffic.
1VBWEXTN.D0C
P.O. BOX 2757 MARTINEZ, CA. 94553 PHONE (510) 228-5635
OFFICE LOCATION AT END OF ARTHUR ROAD 2-20
. � MTs VIEW SANITARY BI
STRICT
SERVING CONTRA COSTA COUNTY SINCE 1923
SANITARY May 05, 1995
DISTRICT Page 2
MARTINEZ,CA.
FORMED
1923
The Mt. View Sanitary desires that the above issues be
investigated and mitigation measures proposed for the A21
impacts.
Sincerely,
MT. VIEW SANITARY DISTRICT
David R. Contreras
District Manager
DRC/sg
11TBWEXTtq.DOC
P.O. BOX 2757 MARTINEZ, CA. 94553 2-21
OFFICE LOCATION AT END OF ARTHUR ROAD
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Mt. View Sanitary District
A21 The DEIR transportation analysis does not indicate that a significant increase in traffic levels
along Waterfront Road between Waterbird Way and the 1-680 freeway would occur as a result
of the project(the closure of Solano Way). Rather,the DEIR transportation modeling indicates
that future year 2010 traffic levels along Waterfront Road would be lower if the road closure
occurred compared to the No Project alternative (no closure of Solano Way). Thus, the
Proposed Project should not be responsible for mitigating impacts. The responsibility belongs
with other cumulative growth in the area, such as increased truck traffic to and from the Contra
Costa Recovery and Transfer Station. The Permanent Transfer Station was approved by Contra
Costa County under a separate permit. Figure 4.9-13 indicates that existing 1994 traffic on
Waterfront Road is 490 vehicles per hour in the evening rush hour; in 2010, under the No
Project scenario, traffic is projected to rise to 1,030 vehicles, due to cumulative growth in the
region, including haulers to and from the Transfer Station. Under the Proposed Project (if
Solano Way were closed), the 2010 traffic levels are expected to be only 670 vehicles per hour,
less than the No Project scenario.
�I
u
a
u
a
94237.fnl-6/15/95 2-22
U5/U3/U5 15:1U "51U 26U JD10 vnLiu�o iiiu ..y
STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETEE WILSON, Gvwrnor
DEPARTMENT OF TRANSPORTATION
BOX 23660 -
OAKLAND, CA 94673-0660
(510) MZ4A"
TDD (510} 286-4454
May 8,1995
CC-OM-13.7
SCHV"93101102
CCO04383
Mr. James W. Cutler
Contra Costa County Community Development Dept_
651 Pine Street, 4th Floor, North Wing
Martinez, CA 94553-1296
RE: Draft Envirozun.ental Impact Report on the Closure of Solano Way at the ,
Tosco Avon Refinery
' Dear Mr. Cutler:
Thank you for including the California Department of Transportation
(Caltrans) in the early environmental review process for this project. We have
reviewed the above referenced document and have limited our comments on the
proposed project and Alternatives 1 (Waterbird Way Extension) and 3 (Upgrading
Solano Way):
A22
The proposed closure of Solano Way between Waterfront Road and Imhoff
Drive/Arnold Industrial Way would eliminate an essential link between SR 4 and
Marina Vista/Waterfront Road and a direct alternate route to 1-680.
After evaluating and comparing the two alternatives, we believe that Alt. 3 ,
after the stated improvements, would be preferrable over Alt-1 for the following
reasons:
• improve circulation/operation
• accommodate future traffic growth
• less noise and visual impacts on residential areas
• no impacts to wetlands
• provide direct alternate route to I-680 (less right angle turns)
On Page 4.9-29, under Truck Volume Adjustments, the data for peak hour
trips for the years 2000 and 2010 seem inaccurate,specifically paragraph 5 which A23
states "--by users...and 4,380 350 PM peak hour trips."
2-23
Va/VO,U;j 1J.1V VJ1V rvv vvi• •---.•- ---- -
Cutler/CC 004383
May 8,1995
Page 2
On Page 2-17,under Transportation, Impact 4.9-1, "...SR 4 westbound off- A24
ramp" should read, "...SR 4 eastbound off-ramp". Same correction applies to
Mitigation Measure 4.9-1.
Caltrans appreciates the opportunity to review this Draft EIR and looks
forward to receiving a copy of the Final EM Should you have any questions
regarding our comments,please call Melinda Pagaduan of my staff at(510) 286-5544.
Sincerely,
JOE BROWNE
District Director
B
PHILLIP BADAL
District Branch Chief
IGR/CEQA
cc Mike.Chiariatti, SCH
Craig Goldblatt,MTC
Patricia Perry,ABAG
�r 2-24
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Caltrans, District 4
A22 The comments are noted. Caltrans believes Alternative 3 (the upgrade of Solano Way) is the
preferable alternative. The DEIR (page 4.9-42) notes the loss of an alternate route for
circulation in the area and for through-trips if Solano Way is closed to through traffic. Traffic
projections do not indicate the potential for diversion of traffic from 1-680 under average
weekday conditions. During freeway incidents (e.g., traffic accident on 1-680), Solano Way
would be available as an alternate route.
The DEIR also discusses the potential impacts on freeway traffic volumes under the various
study alternatives (pages 4.9-36 and 4.9-54). Closure of Solano Way to public through traffic
would result in slightly higher levels of freeway traffic than the other alternatives.
A23 The text in the DEIR onpage 4.9-29 has been •corrected to read: "... and 4—,380 350 PM peak
hour trips."
A24 Impact 4.9-1 has been corrected to indicate "SR 4 westbetind eastbound off-ramp"; Mitigation
Measure 4.9-1 has been corrected to indicate "SR 4 westbe*nd eastbound off-rampfi."
94237.fn1-6115195 2-25
Central Contra Costa Sanitary District
ROGER J.DOL IN
May 8, 1995 Generalrvlmrayer
Chief Fnyineer
KENTONL. 101
Counsel for the Oistria
(5101 3s-Hall
l Contra Costa County IOYCEE.UR1,11),
Community Development Department
Secretary ofthe District
651 Pine Street
North Wing - 4th Floor
Martinez, CA 94553-0095
ATTENTION: MR. JAMES W. CUTLER
Ladies and Gentlemen:
COMMENTS ON THE DRAFT EIR FOR CLOSURE OF SOLANO WAY AT THE AVON
REFINERY, MARCH 1995; COUNTY FILE #10-93-CO
The Central Contra Costa Sanitary District is an affected property owner and a public
service provider within the project area. As such, we have the following comments on
the Draft EIR for this project.
GENERAL
1 . Accordingto page 5-8 of the Draft EIR the proposed project has only one
P 9 � P P P 1 Y
unavoidable significant adverse impact: "Loss of Solano Way as a bicycle route A25
and loss of planned (but not constructed) east-west hiking and riding trails north
of Mallard Reservoir (Proposed Project)."
Project alternatives should be capable of either eliminating any significant
environmental effects or reducing them to a level of insignificance. -Alternative 1
(Waterbird Way extension) actually creates more unavoidable significant adverse
s impacts than it resolves; as such, it should be eliminated from further consideration
as a project alternative. Alternative 1 neither mitigates nor reduces the loss of
bicycles access along Solano Way and to the area north of Mallard Reservoir.
Meanwhile, this alternative produces three additional unavoidable significant A26
adverse impacts (pp. 5-8 and 5-9):
• damage or loss of life due to ground shaking during a strong seismic event;
• exposure of workers and members of the public to potential releases of
hazardous materials; and
2-26
' ®RcgrlrJ Paper
Contra Costa County
Community Development Department
Page 2
May 8, 1995
• exposure of some Vine Hill residences to a future outdoor Ld,, noise level of
60 dB or more, with an increase of more than 3 dBA. A26
As further evidence of its inappropriateness as a project alternative, the Waterbird
Way extension was not even considered to be the environmentally preferred
alternative. The proposed project alone was superior to this alternative. _
2. The level of detail for the Alternative 1 (Waterbird Way extension) alternative is
only sufficient at most for a program-level analysis and not for approval of this
alternative. This alternative lacks sufficient alignment details to determine site-
specific impacts. Also, the Draft EIR repeatedly identifies as mitigation the need
to conduct future geotechnical and biological studies that may significantly alter the
alignment of the Waterbird Way extension. Such mitigation is inappropriate since
it requires post-approval formulation of a mitigation plan without commitment to A27
satisfying a performance standard that would avoid any significant effects. See
Oro Rho Gold Mining Corporation v. County of El Dorado (3d Dist. 1990) 225
Cal.App.3d 872, 884-885 [274 Cal.Rptr. 7201 and Sundstrom v. County of
Mendocino (1st Dist. 1988) 202 Cal.App.3d 296 [248 Cal.Rptr. 3521.
At this point, the Draft EIR analysis only seems to provide sufficient environmental
analysis and evidence to warrant removal of the Waterbird Way extension from the
County General Plan. The District anticipates that the site-specific impacts of a
Waterbird Way extension will be addressed in a separate project EIR if the County
is interested in approving this new roadway.
LAND USE
3, Pages 4.1-5, 4.1-12: The Draft EIR fails to identify that the District's Maltby
Pumping Station is located southwest of Henry's Wood Farm along the gravel road A28
extension of Central Avenue. This pumping station transports wastewater from the
City of Martinez to the District's wastewater treatment plant south of the AT&SF
railroad tracks. The potential for conflict with this critical facility should be noted.
4. Page 4.1-9: The Draft EIR fails to identify that the District has existing easements
and pipelines which run through the IT property. These pipelines transport
wastewater and landfill gas into the District's treatment plant and recycled water A29
and treated effluent out of the plant. As noted under Impact 4.1-9 on page 4.1-33,
the District is very concerned about potential conflicts between a Waterbird Way
extension and these pipelines.
2-27
Contra Costa County
Community Development Department
Page 3
May 8, 1995
5. Pages 4.1-15, 4.1-33: The Draft EIR fails to identify and discuss the impacts of
Alternative 1 on the numerous petroleum pipelines/easements and the PG&E high
voltage transmission lines/easement which criss-cross the former Lagiss property.
The District has spent over $5 million for buffer zone land in the vicinity of possible
Waterbird Way extension alignments. The extension of Waterbird Way would run
contrary to the District's ongoing efforts to create a buffer zone adjacent to the A30
treatment plant to protect neighboring, sensitive land uses from the potential
nuisances associated with wastewatertreatment plant operations. Specifically, the
extension would require County acquisition or use of District property, potentially
including portions of the former Lagiss parcel or the unpaved road along the west
side of wet weather storage basin C (the access road to IT ponds). Depending on
the alignment, the extension could sever District property, limiting District access
and making the property unavailable for potential future facilities or uses
6. Page 4.1-34 (Mitigation Measure 4.1-9): Odor impacts from the District's holding
basins could produce a significant impact if broadening the exposed population
produces pressures to limit the use of these essential facilities. This is why the A31
District paid over $5 million to add the former Lagiss property to the buffer zone
around the treatment plant. Also, the District expects to be compensated for the
loss of any District property.
GEOLOGY
7. The Draft EIR does not address Alternative 1's potential impact of heavy
construction vehicles traveling across and working over District wastewater, A32
recycled water, and treated effluent pipelines which pass through the IT Baker site.
These pipelines are located in highly compressible bay muds and are susceptible
to damage if precautions are not taken to protect them.
TRANSPORTATION
8. The Draft EIR fails to discuss the impacts of roadway construction traffic for A33
Alternative 1 .
2-28
Contra Costa County
Community Development Department
Page 4
j, May 8, 1995
Thank you for your consideration of these issues. For more information on these
comments, please contact me at (510) 229-7255.
Sincerely,
Russell B. Leavitt, AICP
Planning Assistant
RL/ns
�4
r.
r
�I
1
2.29
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Central Contra Costa Sanitary District
A25 The comment is noted.
A26 The comments are noted.
A27 The level of planning and engineering detail provided in the DEIR for Alternative I (the
Waterbird Way extension) may not be adequate to allow this DEIR to serve as a project EIR
for that project. If Contra Costa County proceeds with more detailed planning for the
Waterbird Way extension, additional environmental analyses may be required.
A28 The preliminary roadway drawings prepared by Bellecci Associates for the Waterbird Way
extension indicate that the Central Sanitary District's Maltby pumping station near Henry's
Wood farm is located approximately 175 feet from the proposed bridge, which would be
required if the eastern alignment was chosen. No potential land use impacts are anticipated.
A29 The text in the sixthparagraph under Impact 4.1-9, page 4.1-33, has been modified as follows:
"...In
In addition,CCCSD staff is concerned about potential impacts with the important wastewater
pipelines serving the Martinez area,which enter into the treatment plant from the north through
the IT Baker property. These pipelines transport wastewater and landfill gas into the district's
treatment plant, and transport recycled water and treated effluent out of the plant (Leavitt,
1994).
A30 The setting text description in the third paragraph under"Central Contra Costa Sanitary District,
on the top of page 4.1-15 of the DEIR, has been modified as follows:
"In the late 1980's CCCSD purchased the hillside parcel to the west of the holding ponds, the
Lagiss property, to prevent future development of the parcel and to provide a buffer zone
between the holding ponds and the Blum Road residential area. This parcel is currently
undeveloped and the district has no plans to develop it (Leavitt, 1994). The property is
traversed by several petroleum Pipeline easements and by Pacific Gas and Electric high voltage
transmission lines."
In developing the preliminary drawings for the proposed western alignment of the Waterbird
Way extension, Bellecci and Associates assumed that the PG&E transmission wires would have
to be relocated to accommodate the new bridge.
A31 The comments regarding odor impacts related to operation of the Central Contra Costa Sanitary
District's holding basins are noted. The comment regarding the need to compensate the District
for the loss of any of its land to accommodate construction of the proposed Waterbird Way
extension is also noted.
94237.fn1-6115195 2-30
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
A32 impact 4.3-5 in the Geology section of the DEIR states that operation of heavy equipment in
saturated fine-grained sediments(e.g.,Bay mud)while constructing the bridge in Reaches 7 and
8 of the Waterbird Way extension could exceed the carrying capacity of the sediments,
damaging equipment or damaging surface soils. The accompanying Mitigation Measure 4.3-5
requires preparation of a detailed geotechnical investigation prior to project construction,
including recommended siting and design criteria for construction that is proposed in areas
susceptible to loading-induced failure.
A33 Impact 4.10-3 in the Air Quality section, and Impact 4.11-3 in the Noise section, discuss
construction-related traffic impacts for all of the alternatives.
94237,fnl-6/15/95 2-31
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY 10 0111' 00
DATE: May 8, 19 95
TO: Jim Cutler, Community Development Department
FROM: ru h r Ba tenger, Senior Civil Engineer, Transportation Engineering
SUBJEC Solano Way Relocation and Extension of Waterbird Way Draft EIR
The Transportation Engineering Division of the Public Works Department has reviewed the Solano
Way Relocation and Extension of Waterbird Way Draft EIR and provides the following comments for
your consideration.
The Draft EIR Project Description indicates that "the Project" includes one or more amendments to
the Roadway Network Plan in the Transportation and Circulation Element of the Contra Costa County
General Plan. As specified in the DEIR, this would include revising the Roadway Network Plan to:
(1) remove Solano Way as an arterial, (2) remove three not yet constructed collector roads between
Solano Way and Port Chicago Highway, and (3) remove Waterfront Road between Hasting's Slough
and Solano Way corresponding with the gate relocation which is included with "the Project". Will
these amendments also include designation/classification and alignment modifications to other major
roads in the project area as part of an area review or update? The magnitude of the proposed Road
Network revisions with this project warrants a review of the major roads in the North Concord/Martinez
area to assure that all pertinent revisions in the area circulation are updated in the General Plan. The A34
I following modifications to the County Roadway Network are recommended:
i' Avila Road, Evora Road and Waterbird Way extensions should be added or revised to reflect
the current preferred alignments.
• Revise classification and designation of Port Chicago Highway from an arterial to a collector
to reflect current changes in circulation.
• Remove Waterfront Road from the Roadway Network Plan between the Navy gate and
Waterbird Way.
Revise designation and alignment of Waterbird Way to reflect the selected alternative.
• 9 9
Any other Road Network changes which have recently occurred in the North Concord/Martinez
area.
We appreciate this opportunity to comment.
HB:MH:eh
' g:\transeng\mh\So1anE1R.t5
cc: J. Bueren,Transportation Engineering
L.Tunison,Transportation Engineering 2-32
,�, F. Lee,Transportation EngiUering
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
,r Response to Comments From Contra Costa County Public Works Department
A34 The engineer from the Public Works Department has recommended several specific changes
' that should be adopted for the existing County Roadway Network Plan in the North
Concord/Martinez area. The recommendations are noted.
The DEIR is a regional transportation analysis that examines impacts related to the closure of
Solano Way, the construction of two alternative roadways, the upgrading of Solano Way, and
several associated changes to the Circulation Elements for Contra Costa County and the cities
of Concord and Martinez. The DEIR describes the functional classifications, and existing and
projected traffic levels on all the roadways in the North Concord/Martinez area. The DEIR did
not identify significant environmental impacts related to the modification of roadway
classifications such as deleting portions of Waterfront Road from the County Roadway Network
Plan or changing the designation of Port Chicago Highway from an arterial to a collector status.
The FEIR can be used as the environmental documentation for modifications to the Circulation
Elements by the County, as well as by the Cities of Concord and Martinez, should they decide
to initiate modifications as a result of this regional transportation study.
1
94237.fnl-6/15/95 2-33
Notice of Completion Sup
pLrmentary Document M So NOTE bd�
MaU to:State Clearinghouse,1400 Tenth StneeL,Sacramento.CA 95814 916/445-0613 SCH -7
ProjectTM,,.Closure of Solano Way at the Avon Refinery, County 1 e
LeAdAgency: Contra Costa County Community Develomient Depicontsetperson: Jim Cutler
Sv,.tAddm.: 651 Pine Street; N. Wing - 4th Floor Phone: (510) 646-2035
City: - Mrtine7 zip- 94553-0095 county, Contra Costa
-----------------------------------------
ProJect Location
County. Contra Costa City/Nearest Community: Concord/Martinez
cyoustreetsMaterfront Road & Aid Industrial Hwy. zipco&-. 94553 Total Acres:
Assessor's Parcel No.public right of way Section:_ Twp.T2N Rhe: R2W Base:
Within 2 Miles: Sure Hwy e:1-680 & SR4 . Waterways:Suisun Bay
Airports- — Railways:AT&SF, So. Pac. Schools;
-----------------------------------------
Document Typo
CEGA: r)NOP Q Suppkmcn%/Sutx 8 PA: ON01 Other: Q Joint Document
Q Early Cons C)EIR(Prior SCH N, OEA [3 Final Document
0 Net Dec 0OLhcr [3 Draft EIS (3Otho
—
IffD—raft EJR [3 FONSI
---_r— ———————— - —- —— - —————————---------------
Local Action Type S rr 1995
General Plan Update [3 specifix P
ct Holist Q Annexation
General Plan Amendment [3 Master Plan JAM C]Redevelopment
0 General Plan Elanent E)Planned Unit Use Permit 0 Coastal Permit
rl Community Plan C)Site Plan Q Land Division(Subdivision. 130411--
Parcel Map.Tract Map,etc.)
------------------ -----------------------
Development Type
0 Residential: Visits Acres 0 Water Facilities:
Q Office: Sq ft. Acres Employees� 0 Trasuportation: Type_
0 Commercial: Sq ft. A cres�—&"Plopees� 0 Mining: milserat
— — —
[D Industrial: Sq,4._Acres Eqpioye-� 0 Power; Type_Watts
—
[3 Educational C]Waste Treatment: Type
—
0 Recreational 0 Hazardous Waste:TYPd_
0 Other.
-----------------------------------------
Project Issues Discussed In Document
S)Aesthetic/Visual Flood Plain/Flooding 0 Schools/Univenities 0 Water Quality
0 Agricultural Lend Q Forest Land/Fire Hazed 1:3 Septic systems 0 Water Supply)Ground-ster
E Air Quality - Geologicjseismic, [:]Sewer Capacity 10 wedar"iparian
0 Archeological/Historical 0 Minerals 0 Soil ErosionCompactionlGradinj; J@ Wildlife
0 Coastal Zone ONoise 0 Solid Waste 10 Growth Inducirks
Drainage/Absorption [3 Population/Housing Balance 1@ TaxiclHazwdous 12 Lmjuw
Economi0obs C3 Public Services/Facilities rgTraffic/circulation faCumuhtive Effects
E3 Fiscal [3 Recreation/Parks 54 Vegetation ❑Other
-----------------------------------------
Present Land UsefZonlnqMon*roI Pion Use Solano Way is currently used as a public roadway and
is shown as an Arterial on the County General Plan. The area is zoned Industrial.
-----------------------------------------
Project Domar"Iest 139co Refining Cmpav has regmsted to close-%law Ry to pblic draigh traffic bettor the
intersection of Solano IiW at%terftnnt fl ad and Idnff Dave/Aanld IrAstrial ffigsay. Tris clostim wild be
attainted by the irstallatim of atean
s d mority at Arnold lixiJubrial fli&ary triVitterftat Road to allow
local users acoess to their
facilities. The CMpOW'Sfformll is to lee Solaro W in its kcal anstence and
or 3
to ffairitain de roadw3v in do event it bemnes nedessary..oEp.hliq dxu*traffic to ream usingSalam tl3y m and
INGHOUSIC COKTACTt Michael ChLriattl.
(916) 445-0613
CRT SJlY CST' SIFT
ATE PXVIRW BWANs t Consumer Svcs
PT REV TO AGZNCYs
ENCY REV TO SCH : Fish i *am"*
—
H COMPLIANCE -
BCDC
Reg. WQC
J►eronau1JWX 100= 3(X lf-� welt
tics
AM'S FORwmp LRTI comxnTs vrgwcrLy
To um Amcr (wLY 0041 1
Trans Planni
/APCD: ;Z (Resources: /24) _Vno<h & *&]Lf&m State Lands Comm
STATE OF CALIFORNIA PETE WILSON, Governor
GOVERNORS OFFICE OF PLANNING AND RESEARCH
� 1ST�;
1400 TENTH STREET
SACRAMENTO,CA 95814
H Y I I Phi 1 58
DL=VEL01 _`1 T DEPT
May 9, 1995
JIM CUTLER
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT
651 PINE ST. , 4TH FLOOR N WING
MARTINEZ, CA 94553-0095
Subject : SOLANO WAY RELOCATION AND EXTENSION OF WATERBIRD WAY SCH
# : 93101102
Dear JIM CUTLER:
The State Clearinghouse submitted the above named environmental
document to selected state agencies for review. The review period
is closed and none of the state agencies have comments . This
letter acknowledges that you have complied with the State
Clearinghouse review requirements for draft environmental A35
documents, pursuant to the California Environmental Quality Act .
Please call Mark Goss at (916) 445-0613 if you have any questions
regarding the environmental review process . When contacting the
Clearinghouse in this matter, please use the eight-digit State
Clearinghouse number so that we may respond promptly.
Si ce el
Michael Chiri9i, .
Chief, State Clearinghouse
2-35
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Governor's Office of Planning and Research
A35 No response is required.
94237.fni-6115195 2-36
05/12/95 10136 X 15106850266 COMAD 02
CONTRA COSTA MOSQUITO AND VECTOR CONTROL DISTRICT
155 MASON CJRCLEw CONCORD, CA 94520m(S10)685-9301$FAX 685-0266
NOARO OF TRUSTM ADMINISTRATION
PRESIDENT GENERAL MANAGER
Richard vesperman Charles Beesley,Ph.D,
SAN RAMON
VICE PRESIDENT May 8, 1995
Lorin Waxman
MORACA
SECRETARY
Freda Thurston
PLEASANT HILL Mr, James W. Cutler
Assistant Director of Comprehensive Planning
ANTIOCH Contra Costa County
John Hall 651 Pine Street, 4th Flr. North Wing
BRENTWOOD Martinez, CA 94553-0095
vacant SUBJECT: DRAFT ENVIRONMENTAL IMPACT REPORT CLOSURE OF
CLAYTON SOLANO WAY AT THE AVON REFINERY
John Hanley
CONCORD Dear Mr. Cutler;
Carl Mortenson We have received the Draft Environmental Impact Report
CONTRA COSTA CO. Closure of Solano Way at the Avon Refinery. After close
Jim Pinckney review of this document, Contra Costa Mosquito and Vector
DANVILLE Control District (District) staff wish to express some
David jameson,P&D. concerns regarding this project.
EL CERRITO
H.Richard Mank PUBLIC HEALTH:
HERCULES our first concern is theotential for public health
Ashok Pandya problems. In 1993 for the first time in twenty five
LAFAYETTE yearsthe encephalitis viruswasdetected in Contra Costa A36
Marilyn M11by County, Mosquito pools tested for the virus turned up
positive in Martinez (5 times) and Pittsburg (one pool) .
MARTINEZ The encephalitis virus is transmitted by the Culex tarsalia
Lynda McPhee mosquito, which is most prevalent along the waterfront
ORINDA areas of this county. There are no available vaccines or
Charles Lupsna specific treatments for human cases of encephalitis.
PINOLF Any project which could induce growth along the waterfront
ADW Lou/ areas of Contra Costa County causes concern for the
District, as this buildout will increase the number of
PITTSBURG people who will be exposed to mosquitoes. over the past 40
Robert Hussey years there have been over 500 cases of Western Equine
RICHMOND Encephalitis in California and over 600 cases of St. Louis
John F. Horton Encephalitis. Unfortunately, people have been lulled into
SAN PALO
that there is no danger of disease from these
Vacant mosquitoes.
WALNUT CREEK
Nancy Brownfield PUBLIC SERVICE:
This office already maintains an extensive program of
source surveillance in and around the project area. Some
NMEMBER CALIFORNIA MOSQUITO AND VECTOR CONTROL ASSOCIATIONS
2-37
05/12/95 10;37 Z 15106850266 CCMAD 03
of the sources we inspect and treat in the area include the
following:
Mt. View Sanitation Ponds, Shell Oil Ponds, Pacheco Blvd Drain,
Peyton Marsh Drain, Shell Marsh, Rodriques Ave Drain, Diablo Petro A36
Ponds, Valley Drive Drain, Martinez Gun Club Marsh, Arthur Road
Drain, Mosquito Bend Marsh, General Conveyor Drain, Walnut Creek
Channel, Imhoff Drain, Bunkhouse Marsh, Grayson Creek, Central
Sanitary Marsh, Acme Dump Marsh, Pt. Edith Marsh and Tidewater Sand
Marsh.
Every one of these sources is inspected and treated on a regular
basis by the District. All of the above are within easy flight
range of the project, and these sources could be effected by the
construction work anticipated. —J
.Comments to Section 4.0 Environmental setting, Xxftpacte. an
Mitigatign Heasurom;
1) HYDROLOGY AND WATER QUALITY; The project will require
extensive drainage and construction work. New construction
brings with it reduced infiltration of rainfall, increased
runoff, and changes in drainage patterns, and will take water
to nearby marshes and wetlands on a regular basis.
The area in and around the project has historically had
mosquito problems, which is partially attributed to the high
water table and other environmental conditions, This A37
increased flooding will drive up mosquito breeding frequency,
as well as the number of times mapping, inspection and
treatment will be required.
If new drainage ditches, detention ponds, channels and creeks
are built, they should be as deep as possible and have steep
sides to minimize mosquito production. Water levels should be
kept as constant as possible to avoid production of floodwater
Aedes mosquitoes. Whenever possible, emergent vegetation
should be minimized, as this provides a protective and
nutritive habitat for immature mosquitoes. The District
should be consulted recrarding any further questions regarding
flood control, drainage and tidal action-in the project area,
2) BIOLOGICAL RESOURCES: Generally, proposed mitigation to
compensate for the loss of wetlands is required. If new
wetlands are required because of this project, the mitigation A38
should include the necessity of monitoring by this District to
determine necessary corrective measures to remedy undesirable
trends in the establishment of the wetland.
3) PUBLXC HEALTH AND SAFETY; Any increase in population or
human traffic in the :project area can have a significant A39
2-38
05/12/95 10:37 Z 15106850266 CCMAD 04
impact on Human Health as the likelihood of being exposed to -.39
those mosquitoes that can transmit encephalitis will increase,
(as explained on page one) .
4) GROWTH INDUCING IMPACTS; The study acknowledges the impact
on services that will be required because of construction. it
is important to note that if current mosquito breeding sources
are effected, there will be an increase in the level of
service required from this District under the project because
of additional mapping, inspection and treatment required.
A40
In closing, this office has the expertise, and is available for
consultation, regarding the design and management of wetlands,
marshes, flood control systems and drainage patterns. We recommend
that Contra Costa Mosquito and Vector Control District be consulted
on the proper procedures to best control mosquito problems in the
project area. Please call our office should you have any comments
or questions.
sincerely,
Ray Waletzko
Administrative Analyst
RW
cc: Tosco SIR
WP:Q;\t04C0
2-39
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Contra Costa Mosquito and Vector Control District
A36 The comments are noted.
A37 The comments regarding the need to design new drainage ditches, detention ponds, channels
and creeks to minimize mosquito production are noted. The District's recommendations for
drainage design should be incorporated when further project level environmental documents for
any of the alternative roadways are prepared. The Proposed Project (closure of Solano Way
to public through traffic) does not include any plans to build new drainage facilities. The
preliminary plans for Alternatives 1, 2, and 3 are not at a level of detail that proposals for
storm drainage facilities have been designed.
A38 See response A37.
A39 The DEIR did not identify a significant increase in human population or traffic in the area as
a result of the Proposed Project or any of the alternatives.
A40 The comments are noted.
94237.fn1-6115195 2-40
s�
k` MT. DIABLO AUDUBON SOCIETY
P.O. BOX 53
WALNUT CREEK, CALIFORNIA@E1596
14 April 1995
Nil
Mr. James W> Cutler,
Assistant Director-Comprehensive Planning
Community Development Dept.
Contra Costa County
651 Pine St.
Martinez, CA 94553
Greetings:RE:Closure of Solano Way et al
We have reviewed the Draft EIR on the above named Project and provide
the following comments:
1. Solano Way, as now used presents a potential very serious
hazard to humans who use the road, to workers in and about
the Tosco, Avon Refinery and the general public.
2. Traffic volumes on Solano Way represent a less than
significant level which can be readily accommodated elsewhere
when, as and if Solano Way is closed. B1
3.Recently when a bridge was being reconstructed on Waterfront
n r d .-*L :fr.-nt
roan ^d0 traffic could :each 1=58., via Sola_.o �'�'a,, u^.. �. �e .,.«
rd. There was essentially NO disruption of traffic and to my know-
ledge little to no public comment was heard about the closure
g
We believe this indicates there is NO public NEED for Solano Way.
4. The Circulation element for N. Concord/West Martinez area
as now exists in the general plan should be dropped as not
needed.
5. We believe the "NO PROJECT" ALTERNATIVE'should be adopted.
® 2-41
Printed on 100%Recyded Paper
Traffic levels and routes will not be materially and/or adversely
affected if Solano Way is closed. Further an alternative roadway
would traverse important wetlands which should NOT be BI
impacted merely to create a by-pass for Solano Way.
In short the proposal to close Solano Way should be agreed to.
There should be NO by-pass or other roadway constructed
to take the place of Solano way, as such is unwarranted and
unnecessary.
YE
urs
A
A. B. c abney
Vice President-Conservation
cc:Conservation Committee
2-42
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
COMMENTS FROM MEMBERS OF THE PUBLIC, PRIVATE COMPANIES,
AND CITIZEN GROUPS
Response to Comments From Mt. Diablo Audubon Society
BI The comments are noted.
94237AI-6115195 2-43
Cl_de_Civic_Imro_v_ement Association-Inc._
President
David Kory Contra Costa County Community Development Dept.
' Vice-President , 651 Pine Street
Keath Woods North Wing, 4th Floor
Treasurer Martinez, CA 94553-0095 4/20/95
Jerry Lohman
Secretary
Nita Price Re: Draft Environmental Impact Report
Closure of Solano Way at the Avon Refinery
C.C.I.A. County File #10-93-CO
109 Wellington Ave
Clyde,CA 94521) 1
_ _ I Our organization has thoroughly reviewed the proposal and alternatives
Tax 1.1). I discussed in the DEIR, and readily support the closure of Solano Way. B2
23.7412674 j
We agree with the plans and mitigations set forth, and encourage approval
and implementation of this project without delay.
Thank you.
Sincerely,
David Kory, President
! ✓
M Z.
2-44
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Clyde Civic Improvement Association, Inc.
B2 The comment is noted.
1
1
1
1
1
! 4
94237.fn1-6/15/95 245
AVON REFINERY FEDERAL CREDIT UNION
Avon 66 AVON tt'AY ' MARTINEZ,CA 9455.3-1499. Your savings Federally insured ta5t00,000
Plione: (510) 372-0813 • (800) 972-AV6? oT Tont 066 CUA
FAX: (510) 372-0818 National Credit Union Administration,
, ,..,. a U.S Government Agency
May 2, 1995 i to P ,
Contra Costa County Community Development�:De'- r a 't
i Attn: Mr. James W. Cutler
651 Pine Street
North Wing, Fourth Floor
Martinez, CA 94553-0095
Dear Mr. Cutler:
The purpose of our letter is to show our support for the closure of
Solano Way. We have read the Draft Environmental Impact Report
(DEIR) , attended the public hearing on April 24 and have discussed
the matter with various individuals familiar with the proposal.
As the financial institution for Tosco Refinery employees and
family members, we feel the closure .of the road to the general
public would provide us with a more secure environment. We have
been the victims of two armed robberies in the past.
Tosco is proposing gating the road and having security officers B3
control the road's access. We have been told the members of our
credit union would provide the guards with I.D. when they wish to
come to the credit union to transact business. This would give us
better control of who enters our building. We feel the road
closure would not adversely impact our credit union and our
members.
We have personally witnessed several "near misses" and the high
speed at which automobiles travel on the road. We have also
experienced the high volume of traffic. The closure of Solano Way
to the general public would help insure that our staff and members
would be able to quickly evacuate and not be "stuck in traffic" in
the event of any outside threat of disaster. This is important to
us considering we are physically located on refinery property.
If there is anything we can do to expedite the road closure, please
let me know. I can be reached at the above phone number.
Sincerely,
Helen Turney, Ma ger/CEO
HT/dkm
cc: D. B. Enneking, Manager of Business Projects
Tosco Refining Company
2-46
1 .
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Avon Refinery Federal Credit Union
B3 The comments are noted.
94237.fn1-6./15/95 2-47
a.
WICKLAND OIL MARTINEZ
Via Federal Express
May 3, 1995
Mr. James W. Cutler
Contra Costa County
Community Development Department
North Wing, 4th Floor
651 Pine Street
Martinez, California 94553-0095
Re: Comments on Draft EIR
Closure of Solano Way at the Avon Refinery
County File #10-93-CO
Dear Mr. Cutler:
Thank you for the opportunity to review the DEIR for the proposed
closure of Solano Way. Wickland Oil Martinez is located at 2801
Waterfront Road which is on the north side of Waterfront Road between
Waterbird Way and Solano Way. The DEIR erroneously labeled our
facility as the "Exxon Terminal. " Wickland operates a petroleum B4
marine terminal and tank farm. Wickland provides facilities for its
customers to store and transport petroleum to and from the site.
Wickland supports the above-referenced project but would encourage
the County to address two concerns. The first concern is tanker
truck safety at the intersection of Waterfront Road and Waterbird
Way, and the second concern is the potential increase of illicit
dumping on Waterfront Road east of Waterbird Way.
Traffic Safety at the intersection of Waterbird_ Way and Waterfront
Road
Tank trucks that carry petroleum liquids visit the Wickland Oil
Martinez facility daily. The vast majority of the trucks utilize
I-680 for deliveries. The DEIR Mitigation Measure 4.9-15(a) proposes
to "prioritize through movements between Waterbird Way and Waterfront
Road to the west (ie. install stop control on the westbound approach
on Waterfront Road) . " (See enclosed figure labeled "DEIR Proposal. " ) B5
Wickland's concern is that our customers' westbound fully-loaded
tanker trucks would need to stop at Waterbird Way and then attempt to
enter the intersection from a complete stop. Loaded tanker trucks
accelerate slowly from the stopped position and would be at the mercy
of the unloaded garbage trucks returning northward from Waterbird
PO Box 13648•Sacramento CA 95853 Tel 916-978-2500•Fax 916-978-2408 3640 American River Drive•Sacramento CA 95864
2-48
Mr. James W. cutler
Contra Costa county
May 3, 1995
Page 2
westward onto waterfront Road without having to slow down. The
potential for a serious accident of this nature is a very real
possibility. B5
Recommendations
To alleviate this safety concern, Wickland proposes that the County,
in - addition to the proposed stop sign controlling westbound
Waterfront Road traffic, install _a stop sign on the northwestbound
Waterbird Way intersection. (See enclosed figure labeled
"Recommendation. " ) This should allow for the safe merging of tanker
and garbage trucks westward down Waterfront Road to 1-680.
Illicit Dumping
The County has concluded via Impact 4 . 1-3 (on page 4 . 1-26) that from
the Naval Weapons Station property line on Waterfront Road westward
to the Solano Way intersection may have exacerbated littering,
loitering and vandalism problems. Wickland believes that with the
decreased traffic loads on Waterfront Road east of Waterbird Way, the
entire Waterfront Road east of Waterbird Way will also experience
increased levels of littering, loitering and vandalism. $6
Question
Why did the County conclude that only that section of Waterfront Road
east of Solano would experience increased littering, loitering and
vandalism?
Wickland appreciates the opportunity to comment on the Draft
Environmental Impact Report.
Sincerely,
WICKLAND OIL MARTINEZ
JOHN M. MARGOWSKI
Manager, Environmental Affairs
of Wickland Oil Company
On behalf of Wickland Oil Martinez
JMM:djl
2-49
WICKLAND OIL MARTINEZ EXPANSION EIR - PROJLC:) utSuHir I juiv
FIGURE II-2 -- PROJECT VICINITY
U
_ N
O
CL
`1
N
h « 1
O
p U
LU
� � 1
QrC�F.G°
�y v
1 o F =< a ti
\ / unn Z cn 2 v
\ Q �
J
`•` Y �0
wd i 3
to
z
W
�... J J W
NOLL P
UI cc m 1
let
` WZ �� AV
\ Z W a a0
cro
I ri•
� \ MOCP�
� Is
0
o OGS ♦ � i+ � m
PGB \` \�Ei O
z �.�• '��"� � �6s f � c
Wq, r Z o
2-50 July 1994
d
V
G
d �
l tom,
t
i v
O t
it
t
l r
' i r
t Qr� r
i r
t � �
t �
I
t �
t � W
� 1
1 t
i t
� t 3
1 t �
1
� o
1
� o
G
w
N
1
1
co 1
1'p�_ 1 2'51
J
U
4
1 d �
i 2
1
l i
l � l
♦ 1 �
1 �
0
J
V� �
o
o
♦ t
t
a
O
cc
1
♦ tA
t
t
J,
. � t
�► o t
ll �
t � r
t �
S �
o � /
I
l
µ
w
t �
0
1 0
r o
r41
i o ,
t "'
1
1 I
1 �
W I
J
VA I 253
T" (
I
_ � r
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Wickland Oil Martinez
B4 The text in two locations within the DEIR has been changed to identify the Wickland Oil
facility correctly. The text in the second sentence, first paragraph, under "Land Uses along
Waterfront Road, top of page 4.1-5, has been modified as follows:
"...West of the Solano Way intersection, several properties along Waterfront Road contain
heavy industrial uses, such as auto wrecking yard (Martinez Auto Dismantlers), aggregate
products (Tidewater Sand and Gravel), oil shipment receiving and storage facilities (Martinez
E*Yicen Wickland Terminal), and a large landfill operation (Acme Landfill)."
The text in the last sentence of the first paragraph under Impact 4.1-5, page 4.1-29, has been
modified as follows:
"...A third business on Waterfront Road, the Exxen Wickland Oil Terminal, should not be
significantly impacted since the terminal is located within one-quarter mile of the I-
680/Waterfront Road interchange."
B5 The Mitigation Measure proposed by the commentor to prioritize through movements between
Waterbird Way and Waterfront Road refers only to the alternatives with Solano Way closed
to through-traffic and Waterbird Way extended (Alternatives I and 4) and to 2010 conditions.
In these cases, heavier traffic volumes are forecasted between Waterbird Way and Waterfront
Road (including significant truck volumes) than through Waterfront Road. To provide
acceptable level of service,stop sign control should be removed from the northbound Waterbird
Way approach and be placed on the westbound Waterfront Road approach instead. However,
it would be reasonable to consider stop sign control on both approaches as an alternative or an
interim provision since the mitigation measure is based on 2010 conditions and assumes a
conservatively high traffic generation for the Contra Costa Recovery and Transfer Station.
B6 Even with the closure of Solano Way to public through traffic, several hundred Tosco and other
industrial employees are anticipated to continue to use Waterfront Road east of 1-680 to access
their jobs along Solano Way. In contrast, the portion of Waterfront Road east of Solano Way
is not expected to attract any trips except for Naval personnel and occasional bird watchers or
shoreline hikers (provided hiking trails are provided in the future). Thus, with the much lower
level of vehicle use along the eastern portion of Waterfront Road, littering, vandalism, and
loitering problems are expected. However, the higher level of traffic on the western portion of
Waterfront Road (projected to be approximately 250-590 cars during evening peak periods in
the year 2000 (Figure 4.9-9), after closure of Solano Way) can be expected to reduce the
possibility of these nuisance activities, which generally occur along isolated, infrequently
traveled and patrolled areas of roadways.
94237.H-6115195 2-54
B7
2-55
t
<rff�L%
1 � 0
2,5b
f ✓
B9 f
1 � j
i�
2-57
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Ruth Jones/Charles Justin
B7 The comments regarding noise and litter impacts of the proposed Waterbird Way extension,and
existing noise levels from the I-680 freeway, are noted.
B8 The DEIR projects a 4 percent increase in PM peak hour traffic on Blum Road south of Imhoff
Drive due to the closure of Solano Way, and a further 4 percent increase due to the Waterbird
Way extension (Impacts 4.9-10 and 4.9-11, page 4.9-47). The total increase over the No
Project alternative is therefore 8 percent. Further increases are projected by 2010, with or
without the project. The projections are based on the Contra Costa Transportation Authority's
Central/CMP model. This model, like any model, has accuracy limits but is believed to be the
best available method for forecasting traffic changes due to the project alternatives. Short-term
and longer-term mitigation measures are included to address the projected traffic increases and
maintain access to the upper end of Blum Road.
B9 The comments regarding impacts of the proposed Waterbird Way extension on public health,
wetlands, and endangered species, are noted. The comment regarding use of I-680 as an
alternative route if Solano Way is closed, is noted.
94237.fn1-6/15/95 2-58
r
R..
James W. Cutler ; 0
Contra Costa County f .'
Community Development Department
651 Pine Street, North Wing , r ,ti L!`
Martinez, California 94553-0095 -
1 May 8 1995
Re: Comments on the Draft Environmental Impact Report for the Closure of
Solano Way at the Tosco Avon Refinery
Dear Mr. Cutler:
I have reviewed the above-identified Draft EIR and have the following comments:
POINT #1: The Need for Undated Traffic Study in View of the Closure of Port Chicago.
As you know, a portion of Port Chicago Highway and a portion of Waterfront Road were
closed in February 1995, after the traffic counts for this DEIR were taken (June or July of 1994).
These closures, herein referred in the collective as the Port Chicago Closure, were not
adequately addressed in the DEIR. The traffic studies for the DEIR were performed before the
Port Chicago Closure. As is widely known in this county, the now closed portions of Port
Chicago Highway and Waterfront Road and Solano Way functioned as a bypass route for State
Route 4 (SR-4), in both east and westbound directions. This fact is acknowledge by the County,
which forestalled the Port Chicago Closure until the completion of widening SR-4.
With the Port Chicago Closure, Solano Way no longer functions as a bypass to SR- B10
4, and is de facto closed to public through traffic. Closure of through traffic on Solano Way is
the stated objective for the Proposed Project. Whereas public through traffic may have
constituted 60%-75% of the total traffic on Solano Way before the Port Chicago Closure, it now
only constitutes 10%-15% at most, by my estimate. 85%to 90% of the traffic on Solano Way, if
not more, is Tosco-related. Applicant Tosco concurred with my estimate in an April public
meeting (Blum Road). In fact, the DEIR states at page 4.9-1 that"[a]lthough use of Solano Way
has changed over time, at present Solano Way appears to be used primarily as a croute to and
from Tosco Avon Refinery and serves few, if any, through trips" (emphasis added.)Nonetheless,
the percentage of public through traffic will be an important factor which the Board of
Supervisors, the body which will consider whether to certify this EIR,will need to base its
decision whether to grant Applicant Tosco's closure request. Accordingly,the DEIR
should be augment to include this new information, otherwise Applicant Tosco may risk a
decision by the Board to not certify the EIR.
It seems that Applicant Tosco should be grateful for the tremendous reduction of public
through traffic, and should be more than willing to forego the closure of Solano Way, saving
' itself the probable $10 million' that the County will request in return for closure.
'Replacement cost,based on the estimated construction cost of the Waterbird Way Extension.
2-59
James W. Cutler Page 2
Contra Costa County Community Development Department
POINT 42: The Need to Study an Additional, Potentially Superior, Alternative.
In the DEIR,Applicant Tosco justified the need for the Proposed Project on the basis of
over sixteen(16) real and alleged safety problems on Solano Way. These safety problems were
not addressed by the Proposed Project other than by closure of the road. Under the Proposed
Project, Tosco-related traffic, which now constitutes at least 85%of the total traffic due to the
Port Chicago Closure, will still be exposed to these safety problems, except for possibly one. The
one exception is a potential safety concern that Applicant Tosco has: namely,that Solano
Way may again become a bypass to 1-680 with traffic queuing ("stacking-up") on Solano Way,
blocking Tosco employees from evacuation routes during upset conditions. One condition that
may exacerbate this potential fixture problem is that the trains on the Southern-Pacific mainline
might block the flow of northbound traffic, thereby increasing the risk to both the public and to
Tosco employees of being exposed to a hazardous release from the refinery.
As of 1994,the current level of service (LOS) on 1-680 is grade C or better '- with a Bll
v/c=0.62 according to the data in Figure 4.9-13 of the DEIR(p. 4.9-53). For the year 2010, the
DEIR projects a grade D over the segment, with a v/c=0.83 (9,900/12,000), which corresponds
to an average speed of between 46 mph and 55 mph, most likely 50 mph given the value of
v/c=0.83. Therefore, it is unlikely that Solano Way would again become a bypass route for 1-680
between now and the year 2010. It is noted that there is sufficient time for the Authority (CCTA)
and Caltrans to add additional lanes to 1-680 between SR-4 and the Bencia bridge, if need be,
with funding by bridge tolls.
Therefore, as a direct consequence of the Port Chicago Closure, the drastic action of road
closure of the Proposed Project is not commensurate with this potential future safety concern.
Moreover, the Proposed Project does not address the exposure of the Tosco-related traffic to the
other safety problems noted by Applicant Tosco.
Therefore, in view of the recent Port Chicago Closure, I believe there exist another
alternative to the Proposed Project which will directly address Applicant Tosco's safety
concerns without having to close Solano Way. My proposed alternative is detailed in
Appendix "A"of this letter. It is entitled the"Metered Alternative", and comprises nineteen (19)
substantive and feasible project elements. Many of these elements, such as reducing the speed
limit from 55 mph to 40 or 45 mph, are simple and economical. The aggregate cost of these
elements should be less than $1 million,which is far less than the expected costs of buying
Solano Way ($10 million) and staffing the two guard gates in the Proposed Project. As the B12
21994 CCTA CMP Monitoring Report; 1993 LOS for the segment north of SR-242 was given as C; 1994
LOS for the same segment was given as D,but with the note that it is probably LOS C since Caltrans monitoring
vehicles are not allowed(by law)to exceed 55 mph,which is essentially the break point between grades C and D.
3pM peak is worse than AM peak. The 9,900 amount is from the PM peak,Upgrade Alternative(Figure
4.9-13 of the DEIR). 12,000 is from the standard assumption of 2,000 vehicles per freeway lane; 1-680 has 6 lanes.
During the PM peak,the northbound and southbound traffic volumes are roughly the same,with the southbound
being slightly greater.
2-60
James W. Cutler Page 3
Contra Costa County Community Development Department
central element of the Metered Alternative, an automated traffic metering facility is established at
each end of Solano Way to meter the public traffic through Solano Way in a manner that prevent
the aforementioned potential future queuing problem. Each metering facility has two controlled
lanes onto Solano Way, one for public traffic and the other for Tosco-related traffic (employees
and delivery vehicles).
Appendix"B"of this letter provides a comparative safety analysis between the Metered B12
Alternative and the Proposed Project. The analysis shows that the Metered Alternative is
superior to the Proposed Project at addressing the roughly sixteen (16)4 safety concerns noted by
1 Applicant Tosco.
To implement the metering alternative, the County could grant a franchise to Applicant
Tosco to regulate the flow of traffic. As this would provide the County a much needed revenue
stream, it would appear that the county would be highly receptive to implementing the Metered
Alternative. Additionally, it is my understanding that Applicant Tosco is a publicly held
company and is currently financially over-extended. If true, it would seem that Applicant would
welcome a lower cost alternative (1/10th) of addressing its safely concerns while protecting its
shareholders' interests.
POINT#3• The DEIR Does Not Have a Reasonable Range of Alternatives.
CEQA guidelines require that a range of reasonable alternatives to the Proposed Project,
which could feasibly attain the objectives of the project, be described and evaluated in a
comparative fashion. The Waterbird Way and Evora Road Alternatives do not fall within this
range, since they do not address the objectives stated by Tosco. These alternatives are nothing
more than mitigation measures that Applicant Tosco might have needed for the Proposed Project
if the DEIR had found that the Proposed Project had adverse impacts on the transportation B13
circulation element. Excluding the No-Project Alternative, there are only two alternatives
presented: Close Solano Way, Upgrade Solano Way: close or open. There is not alternative in-
between these two extremes.
The Metered Alternative is a reasonable alternative, and can feasibly attain the objectives
of the Proposed Project. Since the Metered Alternative proposes to meter the public traffic on
Solano in such a manner that minimize exposure to safety hazards, the scope of the metered
alternative lies between that of the Proposed Project(complete closure to the public) and the
alternatives of upgrading Solano Way (no closure), it is within the range of reasonable
alternatives, as opposed to the Waterbird Way and Evora Road Alternatives, which are merely
possible mitigates for the closure.
41 tried my best at recording all of the Applicant's safety concerns as I read the DEIR. However,being
human, I may have inadvertently overlook a safety concern or two. Such an oversight,if in fact present,should not
be a basis for rejecting consideration of the Metered Alternative. I would be more than happy to work with
Applicant Tosco on augmenting the elements of the Metered Alternative to address any overlooked concerns.
2-61
James W. Cutler Page 4
Contra Costa County Community Development Department
POINT#4: Insufficient Evidence of SP-RR Being an Obstacle to the Upgrading Solano
Way Alternative.
Frankly, the DEIR expended minimal effort in developing and studying the Alternative of
upgrading of Solano Way. As an alleged major barrier to this alternative, and as the apparent
excuse for not expending much effort, Applicant Tosco claims that gaining access and/or
easements to the east side of Solano Way from the Southern Pacific Railroad, which owns the
right of way, will be difficult(DEIR, p. 3-17). In public meetings on this project, Tosco
representatives have made much ado of the SP-RR being an obstacle. The DEIR also states that
"fflhe railroad requires a 40-foot separation between the edge of the tracks and the nearest
roadway." As proposed by Applicant Tosco, the design of the Upgrade Alternative
encroachment into this 40-ft buffer zone.
It is noted that Applicant Tosco currently uses a substantial portion of the SP-RR right-
of-way for formal employee parking, encroaching far into the 40-foot buffer zone. The DEIR
apparently does not mention that Applicant Tosco would have to forfeit this parking as
part of the widening of Solano Way in the Upgrade Alternative.
It is further noted that the current track separation ranges between 56 feet at the north end B 14
and 52.5 feet at the south end, and that the SP-RR line along Solano Way is no longer used as a
main thoroughfare and is merely a spur line to the main SP line along Waterfront road. In fact,
the railroad segment along Solano Way ends near the southern end of Tosco's Track#4, roughly
1,000 ft north of the intersection of Solano Way and Arnold Ind. Way. There is room to provide
at least one shoulder without encroaching on the 40-ft buffer zone.
Moreover, it is not clear from the DEIR that a 40-ft buffer zone would be needed for spur
lines. It is conceivable that a 30-ft buffer zone would be sufficient for a little-used spur line, and
therefore would enable shoulder pavements on either side of Solano Way in the Upgrade
Alternative.
It is noted that the southern portion of this spur line is in very poor condition, and the
heavily rusted tracks indicate that the southern portion of the tracks has not been used in quite
some time. Additionally, several of the railroad ties are loose and can be readily moved,
indicating that operation on the southern portion may no longer be safe or possible. Given these
conditions, It is not clear why the Southern Pacific Railroad Co. would be so unwilling to
accommodate the widening of Solano Way.
In view of these facts, the DEIR has not made out a clear and convincing case that the
SP-RR would be an obstacle to the Upgrade Alternative. Applicant Tosco can bolster its case by
rebutting each of these points, and by providing a documented communication (in section 6.0 of
the DEIR) from a qualified representative of the Southern Pacific Railroad attesting to the facts
that Applicant Tosco wishes to advance on this point.
2-62
James W. Cutler Page 5
Contra Costa County Community Development Department
POINT #5:
On page 2.1 of the DEIR, Applicant Tosco states that"[t]he project has been proposed to
minimize public health risk to the motoring public using Solano Way, which bisects the Tosco B15
Avon refinery." In the over 80 years that Solano Way has been in existence, the DEIR does not
appear to list an actual incident of a hazardous expose to a member of the general public.
Applicant Tosco could bolster its position for closure by listing the number of such incidents, if
any, along with dates, severity and consequences of the exposures, chemicals released in the
exposures, and any additional pertinent information.
POINT #6:
The text of the DEIR refers to the "D"-street entrance to the Tosco facility several times, B16
but no such street appears to be shown in any of the maps of the DEIR. J
POINT#7:
Pages 3-19 and 3-20 of the DEIR detail the agencies needed to approve the Waterbird
Way alternative. Mention of approval by the California DTSC is made with regard to the closure B17
of the IT Baker facility. As the IT Baker facility has not yet been closed (and in fact has received
an emergency waiver to exceed its storage limits), will the approval of the Federal EPA be
needed as well?
POINT #8:
The DEIR does not sufficiently address the economic impacts, such as home de-
valuation, that the Waterbird Way extension will have on the Blum Road and Vine Hill
neighborhoods. Applicant Tosco argues that these issues are now moot in view of its not
needing the Waterbird Way Extension as a mitigation measure for the closure of Solano Way. B18
However, there is a growing trend to use, re-use, and otherwise draw from existing EIR in
advancing projects and preparing new EIRs. It is highly conceivable that County Public Works
will later push the Waterbird Way Extension project for its own reasons' at a later date, and
would then deem this DEIR as a sufficient EIR for the Waterbird Way project. Therefore, the
inclusion of this information is essential.
POINT#9:
On page 4.1-24, a reference citation is made to "(OCTA, 1994)". No such reference B19
could be found in Section 6.0. J
POINT#10:
Page 4.6-3 notes the frequency of refinery upsets at the Avon facility. How does the
number of upsets compare with industry averages, and with other refineries in Contra Costa B20
County? The Board of Supervisors, which will consider whether to certify this EIR, could
possibly use this information to justify granting Applicant Tosco's closure request, and to form a
'Such as providing a convenient, all-weather route to the County Sanitation Transfer
Station.
�, 2-63
James W. Cutler Page 6
Contra Costa County Community Development Department
B20
basis to reject future similar requests from other businesses.
POINT#11:
Table 4.9-3 on page 4.9-24 of the DEIR lists the total number of accidents along with a
breakdown of the types of accidents. For all of the rows of this table except the last row (1994), B21
the sum of the breakdown columns equals the total column. Correction of, or an explanation of
the discrepancy in the columns of the last row is needed. J
POINT #12:
Applicant Tosco's request to close a public road is highly unusual.. In order to establish
equitable treatment to future businesses which will advance similar closure requests, the Board of
Supervisors should have a policy statement on granting road closures to non-governmental
entities, if such policy does not already exist. Although the DEIR does advise the Board as to
how the County can vacate Solano Way and remove planned feeder routes from the general plan,
the DEIR does not provide the Board with any guidance as to the need for such a policy, whether B22
such a policy exists, or what the parameters of such a policy might be.
As to such a policy statement, it is noted that the U.S. Navy's Port Chicago Closure
request can be clearly distinguished from Applicant Tosco's request as a matter of inter-
governmental affairs and national security needs. If not already in place, there must be a policy
rto equitably distribute closure requests among the multitude of non-governmental entities.
Respectfully Sub ted,
H 1 R. Yeager, Ph. ., E ctrical Engineering
89 Baylor Lane
Pleasant Hill, Ca., 94523
415-477-4042 (W)
510-798-9784 (H)
2-64
APPENDIX"A" -- Elements of the Proposed Metered Traffic Flow Alternative.
1. Construct a first traffic metering facility at southern end of Solano Way, north of Arnold Ind.
Way and south of the end of the SP-RR tracks. An exemplary metering facility is shown in the
attached FIGURE 1. The metering facility will provide two controlled northbound lanes and one
1� un-controlled southbound lane. The right-most northbound lane is for Tosco-related traffic, and
the left-most northbound lane is for the general public. The control of the northbound lane may
be accomplished by a guard gate (as already proposed by Applicant Tosco for its Closure
Alternative), or may be accomplished by metering gates, with either stop lights (as on the
Oakland Bay Bridge), or gate arms (as in most parking garages). For unmanned control, video
cameras may be installed to deter evasion of the metering system. The uncontrolled southbound
lane is to have a tire-puncture deterrent system, along with warning signs, to prevent its use in
the reverse direction. Tosco shall have the right to stop public traffic during upset conditions and
train delays at the northern end of Solano Way. The metering facility will also have electronic
activated warning signals indicating one or more of the following conditions:
1. Upset Condition - Road Closed, Turn Around;
2. Train Delay Ahead - Road Closed, Turn Around;
3. Flooded Conditions Waterfront Road Closed Ahead.
Ample area in the un-used SP-RR right-away in the area north of Arnold Ind. Way can be used to B23
p g Y Y
provide turn around facilities for Tosco trucks. The southbound lane will also have a stop sign to
enable the general to turn around onto the southbound lane in the above conditions. To prevent
queuing of vehicles, meter the public traffic at an appropriate rate.
2. Construct a second traffic metering facility near the northern end of Solano Way, but on
Waterfront Road at the western extent of Tosco' property line. According to the DEIR, Tosco
owns property on the both sides of Waterfront in this area(tracts#2 and#3). There is ample area
on the north side of north of Waterfront to construct these facilities. I could not finding anything
in the DEIR which indicated that use of the southern-most portion of tract 93 would not be
feasible for the metering facility. The second metering facility will provide two controlled
eastbound lanes and one un-controlled westbound lane. The right-most eastbound lane is for
Tosco-related traffic, and the left-most northbound lane is for the general public. The control of
the eastbound lanes may be accomplished by a guard gate (as already proposed by Applicant
Tosco for its Closure Alternative), or may be accomplished by metering gates, with either stop
lights, or gate arms. For unmanned control,video cameras may be installed to deter evasion of
the metering system. The uncontrolled westbound lane is to have a tire-puncture deterrent
system, along with warning signs, to prevent its use in the reverse direction. Tosco shall have the
right to stop general traffic during upset conditions and train delays at the northern end of Solano
Way. The metering facility will also have electronic activated warning signals indicating one or
both of the following conditions:
Appendix A: Elements of the Metered Alternative Page 1
�, 2-65
1. Upset Condition- Road Closed, Turn Around;
2. Train Delay Ahead - Road Closed,Turn Around;
Ample area in tract#3 can be used to provide turn around facilities for Tosco trucks. The
westbound lane will also have a stop sign to enable eastbound public traffic to turn around onto
the westbound lane in the above conditions. To prevent queuing of vehicles, meter the public
traffic at an appropriate rate.
3. Provide angled guard rails or collision barrels around exposed power poles. Exemplary
angled guard rails and collision barrels are shown in the attached FIGURE 2. For poles on east
side, which appear to carry low tension wires, Consider placing power lines underground.
4. Install 3-way stop signs on Solano Way, 3,000 ft. north of Arnold Ind. Way, at informal
intersection. Coordinate or arrange any informal employee parking areas to enter and exit Solano
Way by or near this intersection.
5. Install 3-way, or staggered 4-way, stop signs at Monsanto Way. Coordinate or arrange any
informal employee parking areas to enter and exit Solano Way by or near this intersection.
B23
6. Install 3-way, or staggered 4-way, stop signs at Foster-Wheeler and D-street area, north of
AT-SF bridge, along with pedestrian crosswalks. Coordinate or arrange formal employee
parking areas to enter and exit Solano Way by or near this intersection.
1 7. Install 2-way, Y 3-way, or staggered 4-way, stop signs at the bend of Solano Way that occurs
approximately 3,000 ft south of Waterfront Road. Also install one or more pedestrian crosswalks.
Coordinate or arrange formal employee parking areas to enter and exit Solano Way in the area
between stop signs on Solano Way.
8. Reduce the speed limit on the 55-mph road segment to 45 mph or 40 mph. The 55-mph road
segment is at the southern end, where the"End 35-mph" signs are placed. Consider lowering the
speed limit on the 35-mph road segment to 30 mph.
9. Prohibit vehicle passing over the entire segment.
10. Pave selected portions of west shoulder,which is owned by Tosco, to enable disabled
vehicles to have emergency parking. Although the paved portions would be between power
poles, there is sufficient room for a disabled vehicle to enter the paved shoulder, given the above
recommended reductions in speed limits.
11. Seek easement from SP-RR Co. to pave similar selected portions of east shoulder.
Portions have already been paved, and portions already serve as formal parking area for Tosco
Employees.
Appendix A: Elements of the Metered Alternative Page 2
2-66
12. At the AT-SF bridge, install an array pattern of "mott's dots" on the road, 500 ft before
bridge in each direction to warn drivers of the bridge ahead. Also install flashing lights and
caution sign 200 ft before bridge in each direction. The above recommended stop signs at
Monsanto Way and at Foster-Wheeler/D-street area will slow traffic before bridge. Consider
adding overhead lighting at entrances to bridge for night operations.
13. Formulate an appropriate evacuation plan for Tosco employees for evacuating Solano Way
under refinery upset conditions. Educate the employees on the plan. During upset conditions,
provide audible or visual instructions to vehicles in the vicinity of D Street to turn around and
evacuate.
14. Instruct Tosco truck drivers in safe operating procedures (e.g., obey speed limits, keep
safe distances from vehicles ahead, etc.) so that refinery-related truck traffic does not result in B23
unsafe traffic conditions.
15. Upgrade existing intersections with better striping and stop signs.
16. Educate Tosco employees on proper use of pedestrian crosswalks and vehicle
intersections. Discourage Jay-walking.
17. Discontinue the use of informal parking practices and provide more formal parking for
employees, as coordinated with the above recommended stop signs (Elements #4 - #7).
18. At the employee parking on SP right-a-way, north of AT&SF line, set up controlled
entrances and exits marked with striping and signs. Add guard rails to separate Solano-Way
traffic from the parking area if this interaction is a source of safety hazards. Provide night
lighting (via power poles) for formal parking areas, if not already provided.
19. Re-align Tosco Employee parking as shown in the attached FIGURE 3. The parking spaces
are angled, as opposed the current straight configuration, and guard rails are established to
separate employees from traffic on Solano Way. As a novel feature, every sixth parking space is
blocked off to prevent vehicle gridlock in the event that all of the parked vehicles attempt to
leave at the same time, such as in an evacuation condition. The blocked off spaces provide the
space that would be needed to "jostle"vehicles around to break a gridlock condition.
Appendix A: Elements of the Metered Alternative Page 3
2-67
FIGURE 1. EXEMPLARY METERING FACILITY.
/
Pr -d Path
dols •`,
r '
Stop Sign
\` Metering Facility
■ Tire Puncture Facility
\� Prow Path /
y
STOP STOP
r / �
r r
l /
Uncon- Public Tosco
trolled Traffic Traffic
Lane Lane Lane Road
jCondifi]on
Sign.
2-68
FIGURE 2: EXMPLARY POLE GUARDS.
1
/
i
ence
/
/
/ Power Pole Angled
Guard Rails,
each are
/ 10ft-15ft
in length.
1
i
1
/ 1
1
r
1
R
R
/ 1
R
1
R
R
1
/ R
i
R
i
/ t
i
i.
1
/ r
1
R
Power Pole '
Collision
1
/ Barrels, as
' used by
Caltrans.
R
1
2-69
1
FIGURE 3: EXMPLARY PARKING LOT.
' ♦i4
SP-RR
PARKING
: .>
3-WAY STOP �. SPOTS
INTERSECTION
r
INTERSECTION
BUFFER
r
.......
' PARKING
SPOTS
y?S
PARKING BREAK.
USED TO PREVENT
r
GRIDLOCK IF ALL
GUARD RAILA PARKED CARS TRY
\ TO LEAVE AT ONCE
(AS IN AN EVACUATION)
vE:
2-70
APPENDIX B: Analysis as to How the PropQsd Metering Alternative and the Closure
Alternative address the afety Problems and Concerns Noted in the D EIR
Safety Concern or Actions of Proposed Alternative to Meter Studied Alternative of
Problem. the flow of Public Traffic Through Solano Closing Solana Way to
Way. Public Traffic.
' (1) Minimize public health With the closure of Port Chicago and related 90% of traffic on Solano
risks to the motoring public portion of Waterfront Road, herein referred Way is Tosco related.
using Solano Way, to as the "Port Chicago Closure", only Closing the road will
(DEIR, p. 2-1). approximately 10% of the traffic on Solano address the health risks
Current Conditions Way is now due to the general public. associated with 10% of the
assumed. Metering the flow of public traffic will traffic, but not 90% of it.
enable Tosco to quickly shut it off in case of However, since the
an upset condition, and will allow Tosco to Proposed Metered 824
prevent traffic from stacking up. These Alternative gives Tosco
measures can reduce to insignificant levels control to immediately stop
the potential expose of the general public to public traffic in case of an
hazardous releases. upset condition and to
prevent the queuing of
traffic, the Closure
Alternative is not
significantly better at
addressing this safety issue.
Unsafe Road Conditions:
(2) Narrow Right-of-Way. Reduce speed of the 55-mph road segment Not addressed other than
(DEIR, p. 3-6) to 40 mph or 45 mph. by closure. Tosco related
Prohibit passing over the entire roadway. traffic will still be exposed
Add stop signs and speed bumps as to this road condition.
appropriate. Closure Alternative does
These actions are to minimize the chances not propose reducing
of a narrow right-of-way causing accidents. speed.
For AT-SF bridge, see specific actions
below.
(3) No paved shoulder. Seek easement from SP to pave east Not addressed other than B25
(DEIR, p. 3-6) shoulder. In fact, portions have already been by closure. Tosco related
paved. traffic will still be exposed
=j Pave west shoulder, which is owned by to this road condition.
Tosco.
(4) Power utility poles For the west shoulder poles, which appear Not addressed other than
pose potential accident to be high tension lines, place small sections by closure. Tosco related
hazards. of angled guard rails on either side of each traffic will still be exposed
(DEIR, p. 3-6) pole to prevent direct head-on collisions. to this road condition.
The angle of the guard rail will direct a
colliding car away from the pole.
For the east shoulder poles, which appear
to be low tension wires, place underground,
or provide similar angled guard rails.
Appendix B: Comparative Safety Analysis 2-7I Page I
(5) Narrow bridge crossing Install an array pattern of"mott's dots" 500 Not addressed other than
with AT-SF railroad line. ft before bridge in each direction. by closure. Tosco related
(DEIR, p. 3-6) Install flashing lights and caution sign 200 traffic will still be exposed
ft before bridge in each direction. to this road condition.
Recommended Stop signs at Monsanto Way
and at Foster-Wheeler/D-street area will
slow traffic before bridge.
For night conditions, add overhead
lighting at entrances to bridge.
(6) "Traffic tends to Reduce speed limit on the 55-mph Not addressed other than
traverse Solano Way in the segment to 40 mph or 45 mph. by closure. Tosco related
area of the Tosco Avon Add traffic stop signs. traffic will still be exposed
Refinery Complex at high to this road condition.
speed."
(DEIR, p. 3-6)
(7) Alleged number of Only one poor sight condition appears to Not addressed other than
poor sight distances due to exist, which is at the AT-SF bridge crossing. by closure. Tosco related
road configuration and Addressed by the above actions. traffic will still be exposed
elevation changes. Reducing the speed limit to under 45 mph to this road condition.
(DEIR, p. 3-6) over the entire road segment will also help. B25
For night conditions, add overhead lighting
at any other poor sighting areas.
(8) Waterfront Road Continue the current practice by County Not addressed other than
floods. Public Works of closing Waterfront Road by closure. Tosco related
when flooding occurs. In combination with traffic will still be exposed
the Port-Chicago Closure, closure of to this road condition.
Waterfront road during flooded conditions
stops through traffic.
Install warning sign at southern end of
Solano Way (at Arnold Ind. Way) indicating
temporary closure of Waterfront due to
flooding), if the County does not already
provide such a sign. For convenience, this
sign may be electrically activated.
(9) At-grade railroad Warning lights and gate arms at the crossing Not addressed other than
crossing of Solano way are already present. To address un-specified by closure. Tosco related
with main line of Southern safety problems, install longer gate arms and traffic will still be exposed
Pacific Railroad poses paint standard warning patterns on the to this road condition.
unspecified safety roadway. Caution signs indicating presence
problems, and causes of the railroad crossing with flashing lights
traffic to form queues (i.e., may also be installed.
"stack-up") along Solano To address the stacking-up of traffic on
Way when long or slow Solano Way, stop traffic at metering gate at
trains are crossing. southern entrance of Solano(near Arnold
(DEIR, p. 3-6) Ind. Way) and northern entrance on
[The term "stack-up" Waterfront road. Activate information sign
means to form a long queue which encourages traffic to take an
of stopped or slow moving alternative route (e.g., "Train Delay Ahead-
vehicles) Road Closed,Turn Around.")
Appendix B.- Comparative Safety Analysis 2-72 Page 2
(10) "... Tosco is Although the DEIR does not provide Not addressed other than
concerned with minimizing enough information on the conditions by closure. Tosco related
traffic hazards for Tosco's occurring at D Street for this proposed traffic will still be exposed
' employees who are alternative to make a complete list of to this road condition.
currently exposed to unsafe recommended actions, the following
traffic move-ments on and substantive actions are noted.
along Solano Way, particu- During upset and emergency conditions,
' larly during emergen-cy or use the metering gates at each end of Solano
upset conditions. During Way to prevent the general public from
the course of any upset entering Solano Way.
condition, the refinery main Formulate an appropriate evacuation plan
gates at the D Street inter- for Tosco employees for evacuating Solano
section are closed to Way under such conditions, and educate the ADDITIONAL NOTE:
prevent trucks and vehicles employees on the plan. The DEIR does not have
from entering onto the Provide audible or visual instructions to a map showing the location
[Tosco] property. When vehicles in the vicinity of D Street to turn of any
this occurs a the D Street around and evacuate. D Street other than the D
intersection, traffic is If long trucks are the cause of jam-ups at street at the Concord Navel
backed up on and along D Street, provide turn-around facilities for Weapons Station. B25
Solano Way in both north the trucks at D Street and at the metering
and south-bound directions gates. Provide emergency breathing
which creates an unsafe apparatuses at the turn-around points for the
condition and a potential truck drivers, if turn arounds cannot be
for panic by the motoring completed in a short time. (particularly at D
public." street).
(DEIR, p. 3-6)
(11) When I-680 was a 4 Meter traffic flow to prevent queues from Not addressed other than
lane facility, Solano Way forming in such potential future conditions. by closure. Tosco related
was used as a by-pass Caltrans' current plans to build a second traffic will still be exposed
route, resulting in long Bencia Bridge will add additional northbound to this road condition.
vehicle queues on Solano lanes and should minimize the congestion at
Way. With the upgrading the Marina Vista/I-680 interchange due to
of I-680 to a six-lane merging traffic. A dedicated bridge lane for
' facility, and with the Port- the Marina Vista traffic could be added to
Chicago Closure, the use of prevent merge-related congestion, as is done
Solano Way as a bypass has for the Oakland-Bay Bridge (At the San
' substantial-ly diminished. Francisco side).
However, there is a future Additionally, CCTA and TRANSPACC
possibility of degrading may already be working with Caltrans and
LOS on these freeway Solano county to add an additional north-
segments, and hence a bound lane to I-680 from SR4 to the Bencia
return to Solano Way again Bridge, possibly funded by bridge tolls.
being used as a bypass. The current level of service(LOS) on I-680
(DEIR, p. 3-7) and SR-4 in the nearby segments is grade C,
or better, with the CHP routinely giving out
speeding tickets on these segments during
evening commute hours (4-6pm) [source:
CCTA's CMP, and HRY video tape of CHP
activity].
(12) Heavy refinery- Reduce speed limit; add stop signs and Not addressed other than
related truck traffic results striping to key intersections. by closure. Tosco related
in unsafe traffic conditions. Instruct Tosco truck drivers in safe traffic will still be exposed
(DEIR, p. 3-7) operating procedures. to this road condition.
Appendix B: Comparative Safety Analysis 2-73 Page 3
(13) Uncontrolled Although the DEIR does not provide Not addressed other than
pedestrian access, and enough information on these uncontrolled by closure. Tosco related
vehicle access causing-up- accesses for this proposed alternative to traffic will still be exposed
specified problems. make a complete list of recommended to this road condition.
(DEIR, p. 3-7) actions, the following substantive actions are
noted.
Restrict pedestrian and vehicle access by
1 providing stripped and signed pedestrian
crosswalks, and by upgrading existing
intersections with better striping and stop
signs. Educate Tosco employees on proper
use of pedestrian crosswalks and vehicle
intersections.
(14) Buried and above The DEIR does not provide enough Not addressed other than
ground pipelines run along information on the potential safety problems by closure. Tosco related
both the east and west sides of these pipelines, if any, for this proposed traffic will still be exposed
of Solano Way possibly alternative to provide definite recommended to this unspecified safety
causing unspecified safety actions, if any are needed. It is therefore problem.
problems. presumed that the pipelines were noted in the
(DEIR, p. 3-7) DEIR to point to the prohibitive costs of re-
locating them for the studied alternative of B25
Improving Solano Way.
In the case that the Applicant had intended
to claim the potential rupturing of these
pipelines as a potential safety hazard, it is
noted that the proposed metering gates would
enable Tosco to quickly stop public traffic.
Metered flow also prevents stacking up of
vehicles. Not addressed other than
1 by closure. Tosco related
traffic will still be exposed
to this road condition.
(15) "Roadway safety is Although the DEIR does not provide Not addressed other than
also affected by employees enough information on how these events lead by closure. Tosco related
entering and leaving the to unsafe conditions for this proposed traffic will still be exposed
' facility to perform work alternative to make a complete list of to this road condition.
duties, merging onto recommended actions, the following
Solan Way from informal substantive actions are noted.
employee parking areas Educate Employees on safe operating
adjacent to the road, and procedures.
employees traveling Install pedestrian crosswalks as indicated
' (walking or driving) from above.
one side of the complex to Discontinue the use of informal parking
the other across Solano practices and provide more formal parking
Way." for employees.
(DEIR, p. 3-8)
Appendix B. Comparative Safety Analysis Page 4
2-74
(16) Employee parking on Although the DEIR does not provide Not addressed other than
SP right-a-way, north of enough information on these uncontrolled by closure. Tosco related
AT&SF line, has accesses for this proposed alternative to traffic will still be exposed
uncontrolled entrances and make a complete list of recommended to this road condition.
exits which causes un- actions, the following substantive actions are
specified problems. noted.
(DEIR, p. 3-7) Visual inspection of this area indicates that it
' is paved, and therefore can have controlled
entrances and exits marked with striping and
signs. Guard rails could be added to separate
Solan traffic from the parking area if this
interaction is the cause of the un-specified B25
problems. Stop signs could be added on
' Solano way at this area to minimize
accidents. (Technology exist for striping
unpaved areas, as is done at the north
parking lot of the Pleasant Hill BART
Station.)
Metered traffic and the stop signs at the
AT-SF bridge will reduce traf-fic speed on
Solan Way in the area and will therefore
increase safety.
Provide night lighting (via power poles) for
formal parking areas, if not already
provided.
Alternatively, Tosco could provide better
formal parking facilities for its employees at
a different location.
i
i
Appendix B: Comparative Safety Analysis Page 5
2-75
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Hal R. Yaeger
BIO The DEIR analysis of current traffic conditions indicates that only a small percentage of the
existing trips on Solano Way, as of 1994, are through trips, even with the Port Chicago
Highway open to public traffic. Moreover, year 2000 and year 2010 projections performed in
the DEIR analysis assume the complete closure of Port Chicago Highway, which occurred in
' February 1995.
1311 Comment noted regarding continued exposure of Tosco employee traffic to the existing safety
' deficiencies along Waterfront Road and Solano Way under the Proposed Project alternative.
The calculations of freeway level of service shown in the comment understate the projected v/c
' ratio in the peak direction (northbound in the PM) because traffic is not evenly split between
the two directions of travel. Even so, the projections do not indicate any significant diversion
of traffic during average weekday conditions.
B 12 The Metering Alternative as described in the comment includes (1) a proposal to control public
traffic using Solano Way by means of a gates and (2) a series of individual actions or measures
to improve safety on Solano Way.
The proposal to meter public traffic appears to be a variation on the proposed project. Given
' the relatively low number of public vehicles (through trips) existing and projected on Solano
Way, "metering" of these vehicles by Tosco does not appear warranted. It would be clearer
to non-Tosco motorists to either keep the road open or close it to non-Tosco vehicles under
normal conditions. The Project Alternative in the DEIR assesses conditions where Solano Way
is closed to non-Tosco traffic. The No Project alternative and Alternative 3 (Upgrade Solano
Way) assess conditions if Solano Way is kept open to all traffic.
It is correct that none of the study alternatives evaluated in the DEIR (except Alternative 3)
would significantly improve traffic safety on Solano Way. However, the only potential adverse
traffic safety impact (relative to the No Project alternative) is the restriction of access to
emergency vehicles, and the DEIR includes a mitigation measure for that impact. However,
to improve safety for the Tosco traffic that would still use Solano Way upon its closure, some
of the individual traffic safety improvements identified in the comment could be considered
and, if feasible, be incorporated into the Project Alternative. In any case, the metering aspects
of the Metering Alternative do not appear to have any particular benefits should the other safety
issues be addressed.
B 13 The alternatives as defined by the County span a reasonable range of alternatives, including no
improvements to the existing Solano Way through the Avon refinery (No Project), upgrading
of the roadway(Alternative 3), and closure of the roadway (Proposed Project). In addition,two
alternative roadways were analyzed to determine if they would help to mitigate the impacts of
the Solano Way closure and future growth in the region. The metering alternative described
94237.fnl-6/15/95 2-76
' 2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
in the comment letter can be characterized as a variation on the roadway upgrading alternative,
and its components could be considered along with the other elements of Alternative 3, if that
' alternative were chosen by the County.
B 14 Comments noted.
iB15 The commentor is correct that the DEIR has not listed specific incidents of hazardous materials
releases at the Tosco Avon facility. Information regarding health risks associated with the
existing operations at the Avon facility,the history of accidental releases, and the adopted plans
to respond to such emergencies, are detailed in the Health Risk Assessment and Emergency
Response Plan, submitted by Tosco Corporation to Contra Costa County, as required by law.
' The Health Risk Assessment report is available for public viewing at the Contra Costa County
Office of Emergency Services, 50 Glacier Drive, Martinez, and the Community Development
Department, 651 Pine Street, Martinez.
B16 The text in the fifth paragraph under "Project Objectives," page 3-6, DEIR has been modified
to describe the main D Street entrance to the Avon refinery, as follows:
"...During the course of any upset condition,the refinery main gates at the D Street intersection=
approximately one-quarter mile (1,400 feet) north of the ATSF railroad underpass, are closed
' to prevent trucks and vehicles from entering onto the property."
B17 As noted in Table 5.3-1 in the DEIR, closure of the IT Baker ponds would require approval
' by the California Department of Toxic Substances Control (DTSC); the DEIR authors do not
know if approval would also be required by the Federal Environmental Protection Agency
(EPA).
B18 The DEIR documents in Section 4.11 (Noise) the noise impacts caused by traffic using the
proposed Waterbird Way extension, western alignment, on some of the closest homes in the
' Vine Hill neighborhood (the homes along Irene Drive). The DEIR noise analysis found that
only the homes on Irene Drive would suffer outdoor noise levels of over 60 Db. These adverse
noise impacts on some of the existing homes in the Vine Hill neighborhood which would be
caused by the new roadway could affect property values. However, the loss of property values
is not an environmental impact per se. The California Environmental Quality Act (CEQA)
Guidelines specifically state that "economic or social effects of a project shall not be treated
as significant effects on the environment" (Section 15131(a)).
B19 As noted on page 1-24, the abbreviation CCTA stands for Contra Costa Transportation
Authority. Section 6.0 (References) in the DEIR is amended to include the following citation:
94237.fn1-6115/95 2-77
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
"Contra Costa Transportation Authority (CCTA), 1994, Traffic zone level land use data base
for the Central Contra Costa County transportation computer model, maintained-by the Contra
Costa Transportation Authority"
B20 Refer to Response B 15.
B21 The typographical error in Table 4.9-3,page 4.9-24 has been corrected. For the year 1994 row,
the "Right-of-Way Violations" column should read "T', instead of"0."
B22 As described in the DEIR on pages 3-4 and 3-19 in Section 3.0 (Project Description), and
under Impact 4.2-5, top of page 4.2-19, applications to vacate public roadways must meet the
findings required under Section 8324 of the Streets and Highways Code and Section 65402 of
the Government Code.
B23 Appendix A of Mr. Yaeger's letter includes operational details of his proposed Metered Traffic
Alternative. The County Public Works Department is examining these and other design
concepts for upgrading Solano Way. The County appreciates Mr. Yaeger's suggestions. Refer
to Response B12.
B24 Appendix B of Mr. Yaeger's letter includes an Analysis of How the Metered Alternative and
the Closure Alternative address safety problems noted in the DEIR. Refer to Response B 12.
B25 Refer to Response B 12.
94237.fn1-6/15/95 2-78
GORDON, DeFRAGA, WATROUS & PEZZAGLIA
A Law Corporation
Allan DeFraga Gregory D. Rueb
Thomas A. Watrous George R.Gordon
James A. Pezzaglia (1966-1993)
Timothy J. Ryan
Peter D. Langley May 8, 1995 Mailing Address:
Richard S. Bruno P.O. Box 630
Bruce C. Paltenghi Martinez,CA 94553
Mr. James Cutler
Contra Costa County
Community Development Department 0-1
651 Pine Street, North Wing
Martinez, California 94553
Re: Tosco Comments to Draft EIR re Impact 4.1-3, pp. 4.1-26 and 4.1-27
Dear Mr. Cutler:
The response to the comment document should include an amendment which
allows for the closure of through traffic on Solano,Way with the northern gate being located
between Pacheco Creek and Solano Way on Waterfront Road. Since Tosco is manning the
gates 24-hours a day/365-days a year,Tosco will allow public access to the wetlands located B26
along Waterfront Road. The existing Navy closure gate will remain in place.
Enclosed herewith is a copy of Figure 4.1-12,which includes the proposed new
gate as outlined above.
If you have any questions, please do not hesitate to contact the undersigned.
Very truly Vours,
RICHARD S. BRUNO
RSB:kb
Encl.
00210ONC
2-79
611 Las Juntas Street, P. O. Box 630, Martinez, California 94553 Telephone (510) 228-1400
EXISTING AND PROPOSED Figure 4.1-12
GATE LOCATIONS
Suisun Bay
....... :::.. ..
...
':::: :::::::::::::::
...... ...................................................
Proposed :. .......... :::::::::::::::::::::::
New Gates ::::::::::::::::::::::::::::::::::::::::::::: Existing U.S.
Navy Gate
R'-t-Ifi-It Road
� T I
oMallard Reservoir i
ao
1 / O1
Proposed
Imhoff Drive New Gates Bares AvepUe a
0
1
prmld Industrial Wa
Legend
-- Tosco Property Line
Ll
, :::: Major Open Space Areas
(designated on County /\
General Plan)
0 3000 Feet
BASELIN
94237-00.03 2/3195 2.80
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From Richard S. Bruno, Gordon, DeFraga, Watrous & Pezzaglia
(representing the applicant)
B26 The applicant has proposed a slight change in location for the gates at the north end of Solano
Way. Figure 4.1-12 in the DEIR has been modified to delete the proposed gate locations on
Solano Way just south of Waterfront Road and on Waterfront Road just east of Solano Way;
instead, a single gate would be located on Waterfront Road just west of Solano Way (see
revised figure).
94237.fnl-6/15/95 2-81
EXISTING AND PROPOSED Figure 4.1-12
GATE LOCATIONS
Suisun Bay
..:............. ....
' : ::
:: ..............::::::::::::::::::::::::::::
............ . ....................
Proposed
New Gate Existing U.S.
. ..........................................
Navy Gate
.......................................
.......................
Waterfront Road
gn Sant
�� AT�ou Tope
SCP-
\ f
h
Mallard Reservoir
j
c
Proposed
f` Imhoff Drive ` New Gates �a
res A� o 0
Arnold Industrial w8
SR4
Legend
— '— Tosco Property Line
Major Open Space Areas
(designated on County
General Plan)
0 3000 Feet
BASELIE
1 94237-00.03 2!3/95 2-82
INTERNATIONAL
TECHNOLOGY May 8, 1995
CORPORATION ° P17 x: 22
Mr. James W. Cutler
Contra Costa County Community Development Department
County Administration Building
651 Pine Street, 4th Floor, North Wing
Martinez, CA 94553-0095
Comments on Draft Environmental Impact Report
Closure of Solano Way at the Avon Refinery
County File #10-93-CO
Dear Mr. Cutler:
Thank you for the opportunity to review the subject document. As you are aware, IT
Corporation (IT) owns property (the Vine Hill Complex) within the area of the proposed
extension of Waterbird Way (referred to as Alternative 1 in the subject document).
' Therefore, IT is interested in not only potential future impacts to its property resulting from
possible changes to Solano and Waterbird Ways but also in accurate representation of
current and future conditions of the IT property. The following provides an update on
closure of the hazardous waste impoundments located on the IT property and comments on
the subject document.
IT has obtained all permits and authorizations to consolidate waste and underlying soils B27
contained in the Baker impoundments and surrounding dike soils into the area of the
closure landfill (Impoundments C and D-1). The consolidation is scheduled to be
accomplished in 1995. The waste and affected underlying and dike soils will be removed
from all areas related to the eastern alignment of the proposed Waterbird Way extension
and consolidated in Impoundments C and D-1. Following cleanout of each impoundment,
the remaining soils will be sampled and analyzed. The results of the sampling and analysis
will be used to verify conformance with acceptable risk and hazard levels allowing for
industrial/commercial postclosure reuse. The risk and hazard levels allowing for
industrial/commercial postclosure reuse have been approved by the Department of Toxic
Substances Control and are being evaluated as part of the Environmental Impact Report
(EIR) for the Closure and Postclosure Plans.
In support of the EIR for the Vine Hill Complex, IT sampled and analyzed soils
underneath the Baker impoundments to predict the depth and feasibility of cleanout and to
provide preliminary calculations of the risk and hazard associated with future use of the
excavated areas. The analytical results proved that it is feasible to remove waste and
Regional Office
4585 Pacheco Boulevard•Martinez, California 94553-2233. 510-372-9100
IT Corporation is a wholly owned subsidiary of International Technology Corporation
2-83
INTERNATIONAL TECHNOLOGY CORPORATION
Mr. James W. Cutler 2 May 8, 1995
contaminated soils to allow for potential postclosure commercial/industrial reuse of the
property. These results were conveyed in a report previously provided to the County
entitled Results of Chemical Profiling of Soils Underlying Impoundments, Baker Site, Vine
Hill Complex, August 1994. As outlined in the Closure and Postclosure Plans, to verify
adequate cleanout, sampling and analysis of the remaining soil and calculation of risks and B27
hazards will be conducted following the removal of waste and underlying soils from the
Baker impoundments. IT requests that the County convey the above information in Chapter
2 (Summary) and Sections 4.1 (Impact 4.1-9 on page 4.1-32) and 4.6 (Baker Facility
discussion on page 4.6-7; Impact 4.6-1 on page 4.6-14; Impact 4.6-2 on page 4.6-15) of the
subject document, particularly that closing portions of the Baker site along the potential
alignment of Waterbird Way will be completed prior to the roadway realignment/extension.
Closing will be accomplished by removing contaminants to the extent that there would be
no adverse effects associated with construction and use of the roadway.
On page 4.1-9 under the heading "IT Ponds," the third paragraph states what the Closure
Plan EIR is evaluating. The following is provided for clarification. The Vine Hill
Complex Closure Plan EIR is evaluating the proposed Closure Plan which calls for the B28
consolidation of waste from Impoundments A, B, D-2, D-3 and E into the closure cell
located in Impoundments C and D-1. The closure cell will include a synthetic and clay
cover and groundwater control system. As one alternative to that proposed in the Closure
Plan, the EIR is evaluating off-site disposal of the impounded waste and underlying soil.
On page 4.4-5, in the sentence carried over from the previous page, it is stated that the
impoundments adjacent to the Alternative I alignment generate leachate that has impacted
the underlying groundwater quality. The only IT impoundments adjacent to the Alternative
I alignment are Impoundments D-3 and E at the Baker site. As documented in quarterly
and annual groundwater monitoring reports, there is no evidence that groundwater in this B29
area has been impacted by any hazardous constituents. As discussed above, the waste and
contaminated soil will be removed from Impoundments D-3 and E in 1995. Because of the
lack of evidence to support the sentence on page 4.4-5, IT contacted Ms. Lidia Gutierrez of
DTSC. After reviewing the paragraph, Ms. Gutierrez felt she had been misquoted.
Clarification should be obtained from Ms. Gutierrez and the sentence modified or deleted.
In Section 4.5, environmental impacts to biological resources and recommended mitigation
measures for Alternative I are frequently overstated. Numerous mitigation measures are B30
suggested for specific species that have a "potential" to be present. The area of Alternative
I is surrounded by heavily disturbed urban land use. The text and mitigation measures
should better reflect this setting.
2-84
INTERNATIONAL TECHNOLOGY CORPORATION
Mr. James W. Cutler 3 May 8, 1995
Impact 4.5-1 and Mitigation Measure 4.5-1 appear to be based upon flawed data. It appears
to prefer alignments including Reaches 8 and 9 over those including Reaches 7 and 10. B31
Reaches 8 and 9 are the least disturbed pieces of the entire alignment from Arthur Road to
Imhoff Drive; whereas, Reaches 7 and 10 would cross the closed and regraded evaporation
pond and an existing roadway. This conclusion should be reevaluated.
On page 4.6-7, the fourth complete paragraph should also state that inspections of the
closed facility and maintenance activities will be conducted through the postclosure period. B32
The inspection, maintenance, monitoring, and reporting programs are established in the
■ Postclosure Plan.
The Alternative 1, Reach 7 Waterbird Way extension calls for a bridge extending from
south of the AT&SF tracks to north of Pacheco Creek, completely spanning the Baker site.
It is unclear why this alternative uses such a long and expensive bridge instead of a
roadway at grade across a portion of the Baker site. If the reasoning had to do with the B33
feasibility or timing of the Baker closure, please see the comments provided above. Reach
7 built at grade or on additional fill would be less expensive than the proposed bridge and
would cross significantly less wetland areas than Reach 8.
On page 4.6-15, Mitigation 4.6-2 states that the proposed bridge placement and footing
design be submitted to DTSC for review to ensure that it does not interfere with the
groundwater monitoring network and containment systems. IT requests to be included with B34
DTSC in the review process. I
The alignment alternative for Waterbird Way shown on page 4.9-46 would significantly —1
impact several parcels of private property, including an IT parcel north of Arthur Road and B35
west of Waterbird Way. This alternative would be inferior to the alternative on page
4.9-45.
If there are any questions regarding the above comments, please do not hesitate to call me.
Sincerely,
Jane A. Zevely
Manager of Permitting
Vine Hill Complex
AIZETR195-0223*011'
2-85
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Response to Comments From IT Corporation
B27 The information from IT Corporation regarding the process through which the company will
close the hazardous waste impoundments at the Vine Hill Complex is noted. Updated
information regarding the closure plans has been incorporated into the discussion under "IT
Corporation Hazardous Waste Ponds," within the fourth and sixth paragraphs on page 4.6-7 of
the DEIR, as follows:
"The groundwater control system proposed for the site would contain and prevent off-site
migration of groundwater. Groundwater monitoring would be conducted for 30 years following
closure to verify proper control system operation. A Postclosure Plan would establish
inspection maintenance, monitoring, and reporting pro rams ons and maintenance
activities of the closed facility would be conducted through the postclosure Period (Zevel
1995)....
The proposed closure for the Baker site would involve excavation and consolidation of wastes
and some of the underlying soils from the ponds into a single closure cell. The r-efnaining soils
at the Bakef site wetild likely still een+--- sseeme eentamination fellewing exeavatiewver-y 1
eefleentr-afiefis efeen—, :A--+:47*-A Ail samples eelleeted at depths that fflay-be
+06 A eep tey�,affafit exeavatien (Gu.*.'-.--, 1995). 14 ewevef, 1T- Gefpefatien intends te elean up
the femainder- of the Bakef site te a- The results Of preliminary sampling beneath the
Baker ponds indicate that wastes and affected soils could be removed to an extent that would
allow Postelosure commercial/industrial use. All permits and authorizations to consolidate
wastes and affected soils into the closure cell have been obtained by IT Corporation, and the
consolidation is scheduled to be accomplished in 1995. Following excavation of each
impoundment, the remaining soils would be sampled and analyzed. The sample results would
be used to verify that the level of any residual contaminants were less than the risk and hazard
levels approved by QTSC for industrial/commercial postclosure use (Zevely, 1995). Cleaning
up the areas outside the closure cell to levels that would allow industrial/commercial future use-
44t6 and would minimize the area requiring postclosure maintenance and allow for required
setbacks from existing physical constraints or hazards associated with the site (i.e., pipelines,
faults). A groundwater monitoring and control system would also be installed..."
A new reference is added to Section 6.0 of the Final EIR, as follows:
"Zevely, Jane, 1995, Manager of Permitting, Vine. Hill Complex, IT Corporation, Comments
on Draft Environmental Impact report, Closure of Solano Way at the Avon Refinery, letter to
James W. Cutler, Contra Costa County Community development Department, 8 May.
The following modification has been made to the text under Impact 4.6-1 of the DEIR and the
second paragraph on page 4.6-14 is deleted:
94237.fn1-6/15/95 2-86
1
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
. Since the consolidation of the IT Baker ponds is proposed to
be completed prior to any construction activity on the Waterbird Way extension, no adverse
effects to construction workers or users of the roadway are anticipated due to the proximity of
the IT Baker ponds.
Mitigation Measure 4.6-1(c) is deleted:
safety plan fef eensti-defien wefkefs, if the 1T- Ce . .. . �ds have net been elesed. (,kit. i)
The following modification to the text under Impact 4.6-2, the first paragraph on page 4.6-15
of the DEIR has been made:
"The bridge span proposed for Reach 7 of the Waterbird Way extension would cross an
approximately 400-foot wide section of a hazardous waste pond at the IT Baker facility.
' Bridge footings would be located at 125-foot intervals, indicating that three footings would be
constructed in the pond area. The bfidge was designed that TT G,. fats, wetild
be able te aehieve a elean elestir-e fef that afea se that land tise weuld be iinfestfieted.
Hewevef, it has been established that a elean elestife and tinfestfieted land use WERIld Bet fikel�'
bThough the area would be cleaned up to allow industrial/commercial uses, DTSC
indicates that some land use restrictions are likely to be established (Guiterez, 1994). Int
-aSoil data collected suggest that following excavation of contaminated soil, residual
contamination would not preclude reuse of the areas outside the proposed containment cell,
such as the proposed roadway alignment..."
rB28 The text in the third paragraph under "IT Ponds," page 4.1-9, is modified as follows:
"...The Vine Hill Complex Closure Plan EIR will evaluate the proposed consolidation of waste
from Impoundments A B D-2 D-3 and E into the closure cell located in Impoundments C
and D-1 The closure cells will include a synthetic and clay cover and groundwater control
system As one alternative to that proposed in the Closure Plan, the EIR is evaluating whether
the contaminated materials in individual ponds can be moved and disposed of off-site_
Resolution of the issue..."
B29 As requested by Ms. Lydia Guiterez of the State Department of Toxic Substances Control, the
word "widespread" at the bottom of page 4.4-4 has been deleted and other changes have been
made to clarify the extent of known groundwater contamination in the area of the IT Baker site.
The text of the second and last sentences in the last paragraph of page 4.4-4 has been modified
as follows:
94237.fnl-6/15/95 2-87
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
"....Widespread Some groundwater contamination associated with migration of leachate from
the landfill has been identified in monitoring wells around the landfill (Guiterez, 1994). The
Impoundments D-3 and E of the IT Corporation Baker hazardous waste ponds, which are
adjacent to the Alternative 1 alignment, have not been documented as generating leachate that
has impacted the underlying groundwater quality (Guiterez, 1994).
B30 The commentor states that the biological resource setting description and mitigation measures
for Alternative 1 "are frequently overstated" in terms of addressing specific species that have
a "potential" to be present in an area of heavily disturbed urban land use. While most of the
alignment of the proposed Waterbird Way extension traverses through or near lands that have
been disturbed by industry (Acme Fill, IT ponds, Central San), a significant portion of the
western alignment near the ATSF railroad tracks traverses an area composed of a natural lake,
wetlands, and natural hillside. The setting discussion and mitigation measures appropriately
note that these natural areas could support a number of sensitive species.
�i B31 Mitigation Measure 4.5-1(b)incorrectly referenced the combination of reaches for the Waterbird
Way alignments that would minimize impacts to potential wetlands,as identified in Table 4.5-4.
Mitigation Measure 4.5-1(b) has been modified as follows:
(b) If neither Alternative 2 nor 3 1s practical, minimize jurisdictional wetlands impacts by
selecting a proposed Waterbird Way alignment (Alternative 1) that includes a reach
combination of either Reaches 1, 4, 8, 9, !1- 1, 3, 71 10, 11 or Reaches 2, 6, °� 2
5, 7, 10, 11 or design a new alignment. (Alt. 1)
' B32 The third paragraph on page 4.6-8 has been amended as follows:
"Following receipt of permits and approval for implementing the proposed closure plan, IT
Corporation anticipates that construction of the closure cell and groundwater control system
would take approximately two years for completion. The permitting process is expected to be
completed sometime in 1995 (Gutierez, 1994). Inspections of the closed facility and
maintenance activities will be conducted though the closure period, as specified in the
Postclosure Plan.
B33 The eastern alignment for the Waterbird Way extension would require a long (approximately
1,500-foot) bridge that would span Pacheco Creek and the ATSF tracks. The preliminary
alignment study drawings of the roadway and bridge,prepared by Bellecci Associates on behalf
of the applicant, determined that two smaller bridges, spanning the creek and the railroad
tracks, linked by an at-grade road across the closed Baker ponds, would not be as feasible as
one long bridge.
B34 The following modification to Mitigation Measure 4.6-2, page 4.6-15, is incorporated into the
Final EIR:
94237.fn1-6/15/95 2-88
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
Mitigation Measure 4.6-2 (Alt. 1)
The proposed bridge placement and footing design shall be submitted to DTSC and IT
Corporation for their review prior to construction to ensure that it complies with any land
use restrictions established for the facility and its construction would not interfere with
groundwater monitoring and containment systems."
B35 The comment noting that the proposed intersection mitigation for the eastern Waterbird Way
extension alternative (Figure 4.9-10) is superior to the intersection design required for the
western alignment (Figure 4.9-11) is noted.
94237.fn1-6115195 2-89
Mr. George Kellogg
9 Kim Court
Martinez, CA 94553 r + 10 PH 2' 48
Telephone: 228-7089 -
r'�!'L��' DEPT
May 4, 1995
Contra Costa County Community Development Department
651 Pine Street,North Wing, Fourth Floor
Martinez, CA 94553-0095
Ladies & Gentlemen:
Subject: Draft Environmental Impact Report
Closure of Solano Way at the Avon Refinery
County File#10-93-Co
I am writing this letter to support the Tosco Refining Company proposal to close Solano Way to
public through traffic through it's Avon Refinery.
jI worked for Tosco at the Avon Refinery and it's predecessor companies for many years prior to
my retirement in 1984. 1 have witnessed first hand traffic accidents which occurred on Solano
Way.
The roadway is substandard, with very narrow traffic lanes, no turn lanes, no access control, and B36
restricted sight distances.
The roadway carries many slow moving industrial vehicles such as cranes, forklifts, and trucks.
Do to some long straight stretches, the roadway invites high speed traffic.
In addition, Solano Way cuts through the middle of the Refinery complex, which places motor
vehicles extremely close to dangerous operating process units.
Solano Way is an un afe roadway for the motoring public and in the interest of public safety, it
should be closed to through traffic.
Your consideration will be appreciated.
Sincerely,
Geor e Relllo
g gg
2-90
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
iResponse to Comments From George Kellogg
B36 The comments in support of the proposed vacation of Solano Way are noted.
1
t
1
1
1
1
1
94237.fn1-6!15!95 2-91
' ZONING ADMINISTRATOR MEETING
' 24 APRIL 1995 - 1:30 P.M.
Room #107 - Admin. Building
Item #4 - DRAFT ENVIRONMENTAL IMPACT REPORT: PUBLIC HEARING:
CLOSURE OF SOLANO WAY AT THE AVON REFINERY:
Tosco refining Company has requested to close Solano Way to public through traffic
between the intersection of Solano Way at Waterfront Road and Imhoff Drive/Arnold
Industrial Highway. This closure would be attained by the installation of gates and
securing staff at Arnold Industrial Highway and Waterfront Road to allow local user
access to their facilities. The Company's proposal is to leave Solano Way in its
physical existence and to maintain the roadway in the event it becomes necessary for
public through traffic to resume using Solano Way on an emergency basis. The
County of Contra Costa has requested the Applicant to investigate feasible alternate
routes in order to accommodate the public through traffic that is using Solano Way;
' these include the Waterbird Way Extension and Evora Road. The Draft Environmental
Report (DEIR) reviews the Circulation Element for the North Concord/West Martinez
' area. (CT 3200.01 and 3151) (JWC)
MR. BRAGDON: This is a hearing on the adequacy of the Draft Environmental Impact
Report. It is not a hearing on the merits as to whether Solano Way should or should
not be closed; so, testimony should be given only as to whether the draft
environmental impact report, County File #10-93-CO., whether it is adequate or not.
' With that, we will take any speaker in any order and please come forward now.
MR. CUTLER: Mr. Bragdon, let me first tell what we're recommending so that it will
be clear to everyone. Those who have gotten the EIR and has been indicated, the
hearing today is on the adequacy of the Draft E.I.R., and there's the presumption that
you've read it and your comments will be related to it. It isn't on whether you like the
' road or don't like the road. The Zoning Administrator does not have the power to
make that decision. That will go to the County Planning Commission and ultimately
the Board of Supervisors.
The closure date for written comments is 5:00 P.M., on Monday, May 8, 1995. If
you would prefer to make written comments, they need to be in the County
Community Development Offices by 5:00 P.M., on May 8th. That's on the fourth
floor of the North Wing.
Staff is recommending to the Zoning Administrator is that they recognize the closure
date of 5 P.M., on May 8th is the closure date for receipt of all comments on the EIR
and that they schedule June 26, 1995 for a decision on the adequacy of the EIR.
1
2-92
MR. BRAGDON: Thank you, Mr. Cutler. So, if you wish to speak today, please come
forward otherwise you do have the right to submit you comments in writing to us
' before Monday, May 8th at 5:00 P.M., for any other comments you might have on
the Draft EIR.
MR. ROBERT GABRIEL, 133 Arkinlander Lane, Martinez, California. I'm a homeowner
and taxpayer in this County. Your EIR Draft, which I have here, I went over it. I feel
that it is not current and not accurate mainly since the closure of the Port Chicago
' Highway which substantially reduced the public traffic on Solano Avenue. Tosco's C1
own admission that their traffic is 80 to 90% refinery workers or people on refinery
business; so, actually, the public's traffic flow has decrease substantially.
' The report re states given number and millions of dollars to build an alternate road to
t st a
Solano upon the closing of Solano. I think any engineer worth his salt would take one
' look at these figures and see right off hand that the alternative road that would be
built to the surrounding area, which are very sensitive areas, 8 million dollars wouldn't C2
even approach it when you're taking about an elevated roadway, overpasses and
things of this type; consequently, the remainder would fall upon the taxpayers of this
County. That's all I have to say. Thank you.
MR. BRAGDON: Next speaker, please.
' MR. JULIAN FRASER, Martinez City Council Member. You can use the address of
Martinez City Hall, if you like. I also prepared a letter so you also have something on
record; but, these are the concerns I had and it's only a partial list. The City is
working on some. This is my way of getting out in front on a sensitive issue.
The main reason I'm here is because constituents have come to me and said it's C3
important to have that road open and I just listed four (4) brief concerns that sort of
addressed some of the main concerns.
' You can see the first one: The EIR does not address the impacts of the loss of a
subregional connector road for the inter-city trips between Martinez and the Concord
area and that's particularly important in terms of transit. We don't have a way to get
quickly to the BARDT and things like that and that should be considered a route.
Those things weren't taken into consideration I believe.
The EIR does not address the impacts of the loss of an alternative emergency access
route for residents. I'm not talking about a real regional emergency. I'm talking about
if someone needs to get somewhere for their own purposes and it happens to be
rduring rush hour or whatever, there's another way to get their and there are some C4
people who get used to these little routes that are not related to traffic and find ways
to get places a lot quicker and in an emergency, a lot of people use those routes.
2-93
Mitigation measures to the impacts related to the concerns stated about would not
9 P
' be addressed through the proposed extension of Waterbird Way. We have concerns
about the impacts to Waterbird Way Extension which include closure to people from
hazardous materials. I know the IT Plant is out in that direction and there's a great C5
' deal of hazardous exposure out there and also a loss to the wetlands. It makes no
sense. We have a road running right through---and I hope this doesn't go outside the
impact report thing, I didn't mean for that to happen---and put another road through
which actually isn't a solution to the problem but actually the taxpayers' paid for that
road a long time ago and things like that.
Maybe this is the time to address some things that I didn't put on this particular letter
but some things I'd just like to add. I've never seen a real safety issue related to the
use of the road. What I'm hearing, from the gentleman in front of me, was saying,
a lot of it has to do with what has happened at the refinery and worker traffic and
things like that. We have actually solved that on Pacheco Boulevard by lighting,
traffic lights and such. I don't know if that was addressed in the report; but, I don't
see this as something that the public should be burdened with when actually it had C6
to do with, you know, the industry expansion. I think a road going through a refinery
like that helps keep it more safe in terms of if they know there's public in the vicinity,
' they really have to make sure that it looks clean and that it operates efficiently and
there are plenty of examples of refineries adjacent to roads in this whole County and
if this is the argument, we'd have to close all kinds of roads including Alhambra
Avenue---rather, Shell Avenue, and I wouldn't want to see that happen. It just seems
like we've had this road open for a long time and it doesn't seem like it's been a
safety issue for the general public.
This is somewhat important: The results of the traffic study taken during the closure
of Pacheco Creek Bridge should not be used as an accurate measure of traffic demand
ion Solano Way and, again, I need to repeat that these issues were brought from
public members who came to me, called me, saying: "Look, who's on top of this?"
And, one of them was: How could they make a study on a road's use when they've C7
closed a bridge? After looking at this a little closer, a last-minute thing on my way
over here, my logic was: 1 would hope that any comparison type of study was made
before the closure of the bridge. Anything that was made during or after the closure,
in my mind, simple logic would say it was tainted by the closure of the bridge and is
not a good thing.
My other comment to that, if usage of a road is a reason to justify a road being C8
closed, we'd be in deep trouble. We'd have to close a lot of roads. It's not
necessarily the usage but the need for the road.
The other thing that didn't get put on this letter that I am concerned about, has to do
1 with road closures and a very sensitive issue that has come up recently and in a lot C9
of peoples' mind is connected with road closures and that's the closure of the Port
2-94
1 ,
Chicago Highway. I dont want to let this part of the County open to any other kind
of proposed development on the part of the Government or any other whether its
development interests or not, that is substantiated because it is a public safety issue
and this particular area has a less amount of closure because they recently closed
' roads and things like that and I'm referring to the idea of transporting and transferring
nuclear waste in that part of the County. What happens here is you close that road C9
and you basically have taken a part of the County and said, the public really doesn't
go over there and I didn't see that in the Impact Report. I know in other impact
reports they talk about the project being a potential for growth. Do they even study
in an impact report is closure of this road a potential for making a certain part of the
' County subject to less desirable types of developments? There are plenty examples
in the County. I don't want to name every one of them. Some are things that we
have to have; but, I'm not interested in this road being closed and that's an issue that
' may or may not be on the Board. Thanks.
MR. HAL R. YEAGER, 89 Baylor Lane, Pleasant Hill, Calif. I'm representing myself.
C10
First off, I will compliment the preparers of the EIR that in terms of technical,
typographical errors, there are fewer than the C.C.T.A's Draft EIR.
Now, getting on to substantive points, I could not find a place in the Draft EIR that
addressed the effects that the Waterbird Way extension would have on the property C11
values of both the Vine Hill and the Blum Road areas. If they are not in there, I would J
' ask that it be augmented to include a discussion on that point.
want to tag a little bit on to Julian's comment about closing Solano Way making it
' a less desirable area and, therefore, less desirable developments going in. That should C12
go under the accumulative impacts study area.
However, my main point is, I think the EIR is defective in that it did not take into
account the closure of Port Chicago not in terms of the nitty-gritty of the traffic
analysis but in terms of the broader picture. I think that now with the closure of Port
Chicago, there is another alternative that can be studied and that is specifically
keeping Solano open but metering the traffic, the non-Tosco employee, Tosco
business traffic and the general public traffic and that could be done by setting up two
lane that feed into the main portion of Solano one which allows Tosco employees and
business vehicles to go through unmetered and then another lane which may be a C13
guard gate; may be a guard arm or what you do to get onto a freeway, a traffic light
that just merely meters the cars, spaces them out to prevent the accumulation of
Tosco employees on the road.
Right now, the road is closed defacto, as we heard. Ninety percent of the traffic on
that road are Tosco employees or Tosco related traffic. Closing it is not really
commensurate with the risks involved now on that road; so, I think a far cheaper; an
environmentally superior alternative would make everyone happy is to just meter the
2-95
traffic and this fell into place with the closure of Port Chicago and I think it should be
given serious consideration as a good alternative, a fourth alternative to the entire
closure and I think a lot of things can be done along the roadways such as putting in
stop signs; putting speed bumps; putting guardrails in front of troublesome power C13
polls. That would address Tosco's other concerns and all this can be done with far
less money than paying 8 to 10 million dollars to build a new road. So, I think they
would embrace it; that they would step back saying, hey , this is a great idea, we'll
study it now as another alternative and I think this came in place now when seeing
the final effect of closing Port Chicago. Thank you
RUSSELL LEAVITT, 5019 Imhoff Place, Martinez, Calif. I'm a Planning Assistant with
the Central Contra Costa Sanitary District. I will be brief but will follow up this
statement with more specific written comments.
From Central San's perspective,the Draft EIR has a number of inadequacies especially
related to impacts on the district's land and sewer facilities. Further, the level of
detail for Alternative #1, the Waterbird Way Extension, still is only sufficient at most
for a program EIR level analysis and not for project approval. Nonetheless, what the
draft EIR thus far does clearly show is that the Waterbird Way Extension rather than
being
ing an alternative which mitigates significant project impacts would create more C14
impacts than it would solve, as evidenced by the designation of the project and not
Alternative #1 is the environmentally preferred alternative. And, if fact, that these
impacts would warrant the removal of Waterbird Way from the General Plan
Circulation Element. Thank you .
MR. BRAGDON: Thank you. Is there anyone else wishing to speak on Item #4, EIR
on the closure of Solano Way at Avon refinery? Seeing no one else rising, I will close
this part of the hearing and indicate that comments may be mailed to our office, the
Community Development Department Office at 651 Pine Street, Martinez, California,
before Monday , May 8, 1995, at 5:00 P.M. Any comments made today and received
in writing by that date will be incorporated in the final environmental impact report
and as Mr. Cutler has indicated at the Zoning Administrator's hearing on June .26,
1995, which will be a closed hearing, I will then render a decision as to the adequacy
of the Final Environmental Impact Report before this project goes to the next stage.
There was no further discussion on this item.
2-96
2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
COMMENTS RECEIVED AT THE PUBLIC HEARING
Response to Comments From Robert Gabriel
C1 The Port Chicago Highway was closed to through public traffic in February 1995. A drop in
public traffic on Solano Way was documented prior to the closure of Port Chicago Highway,
during the period in 1993 and 1994 when the Waterfront Road bridge at Pacheco Creek was
being reconstructed by Contra Costa County, and after new lane construction on the 1-680
freeway was completed in 1992 (see discussion on page 4.9-21 of the DEIR).
C2 The comment regarding the low cost estimate ($8 million) for constructing the Waterbird Way
extension, prepared by the applicant's engineer, is noted.
Response to Comments From Julian Frazer
C3 Regarding the loss of a sub-regional connector route between Martinez and Concord, see
Responses A4 and A9.
C4 Regarding the loss of an alternative emergency access route for Martinez citizens, see
Responses A5 and A10.
C5 Regarding impacts related to the Waterbird Way extension, see Responses A6 and A 11.
C6 The possibility of upgrading and improving the existing Solano Way to remove safety hazards
was analyzed as Alternative 3 (Solano Way upgrade) throughout all sections of the DEIR. The
comments regarding improvements to Pacheco Boulevard and Shell Avenue adjacent to the
Shell Oil refinery are noted.
C7 Refer to Response A7.
C8 The comment is noted.
C9 The comments regarding the potential impacts of less desirable land uses locating in areas of
the County that have been closed to public access, such as the Concord Naval Weapons Station,
are noted. Refer to Response A 16. The closure of public roads through the Naval Weapons
Station was studied as part of a previous EIR, the Concord Naval Weapons Station General
Plan Amendment and Road Vacation (September, 1988).
Response to Comments From Hal R. Yaeger
C 10 The comment is noted.
9423 7.fni-6115195 2-97
' 2 COMMENT LETTERS, PUBLIC TESTIMONY, AND RESPONSES TO COMMENTS
C 11 Refer to Response B 18.
C 12 Refer to Responses A 16 and C9.
C13 Regarding the commentor's proposal for metering traffic on Solano Way, refer to responses
B12, B13, and B23.
Response to Comments From Russell Leavitt
C14 Refer to Responses A26 and A27.
44237.fn1-6,115145 2.98