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MINUTES - 06231998 - D5
iContra Costa TO: BOARD OF SUPERVISORS ' ' County FROM: DENNIS M. BARRY, AICP '•; COMMUNITY DEVELOPMENT DIRECTOR 'S DATE: June 23 , 1998 SUBJECT: ANNUAL COMPLIANCE REVIEW FOR SHELL OIL COMPANY ' S CLEAN FUELS PROJECT (LAND Use Permit #92-2008, as amended by LAND USE PERMIT #962024 . SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND ANIS JUSTIFICATION RECOMMENDATIONS 1. Accept the report from the Community Development Department Director regarding Shell Martinez Refining Company's compliance with their land use permit conditions. 2 . Accept any public testimony regarding Shell Martinez Refining Company's compliance with their land use permit. 3 . Find that Shell Martinez Refining Company: A Is in the process of complying (1) with Conditions #36A1 and #36B1 through a funding agreement being negotiated between the City of Martinez, Shell Martinez Refining Company, and the Department of Public Works and (2) with Condition #51 through development of an easement agreement, and B. Is in compliance with all remaining permit conditions. FISCAL rMPACT None, CONTINUED ON ATTACHMENT: _�_ YES SIGNATURE + RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO TTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON June 23.-..1-9-9-8., APPROVED AS RECOMMENDED x OTHER No one app3ared to speak, and; IT IS BY THE BOARD ORDERED the public hearing is CLOSED; and the above., recommendations are APPROVED as presented. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT - - - - - - TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Deborah Sanderson -- 335-1208 Orig: Community Development Department ATTESTED rt �,p3 , igR cc: PHIL BATCHELORr CLERK OF THE BOARD OF SUPERVISORS AND OUNTY ADMINISTRATOR BY , DEPUTY r 2. BACKGEQUNDIREASONS FOR RECQMMENQA'i'IONS Condition #77 of Shell's Clean Fuels Project Land Use Permit (LP922009) requires the Board of Supervisors to hold public hearings at a frequency of once per year during the first five years and every three years thereafter for the sale purpose of determining their compliance with the land use permit conditions. Condition #78 of Shell 's Clean Fuels Project Land Use Permit requires Shell to submit to the Community Development Director an annual report on the facility's compliance with the conditions of approval. Condition #7 [referenced as CUA #9607b] of Shell ' s Coke Transport Amendment (LP962024) requires Shell to report the performance of the coke truck traffic in its regular Annual Report. Community Development Department staff has reviewed Shell ' s Annual Report :for the: Project Year 1997 and Shell 's compliance with the permits' conditions. The permits' 113 conditions have been divided into six categories: 1. Conditions met and closed, 2 . Conditions met; compliance ongoing, 3 . Conditions met; County Public Works is implementing, 4 . Conditions not met, 5. Compliance not yet required, and 6. Submittals under review/work in progress. Included with this Board Order are the following documents: • Exhibit A: "Condition Compliance Summary, " a summary of the staff review. • Exhibit B: "Shells Clean Fuels Project Annual Report, 1997. CDD Staff Review," a more detailed discussion of compliance with each condition. • Exhibit C: " Shells 1997 Annual Report." As summarized in Exhibit A, 32 conditions have been met and closed. Fifty-one conditions have been met but additional compliance review will be necessary as the project proceeds. Compliance is not yet required for six conditions. Pursuant to an agreement between Shell and the County, the Public works Department is 'completing the work specified by an additional 21 permit conditions. These conditions relate to roadway and other infrastructure requirements for which the County is receiving funding from Shell . Seven conditions of approval have been categorized as "work in progress" and are discussed in more detail. below. A. Overall Project Status In October, 1997 , Shell closed its fourth year of the Clean Fuels Project. The project includes 21 units or portions of units, twenty tanks, and three buildings. By the end of the projects fourth year (October, 1997) , fourteen of the twenty- one proposed units were built and operating. Eight of the proposed tanks have been built and are operating. Only one of the three proposed buildings has been built and it is operating. Construction is finished on all project elements begun thus far, except for the addition of a "side stripper" to the distillate hydrotreater (DHT) . Shell expects to add this equipment during the fourth quarter of 1999. Construction of the remaining units, tanks, and buildings has been postponed indefinitely. 3 . All required approvals have been granted for the units that have been built to date. The Board of Supervisors has confirmed compliance for these units for HAZOPS (CoA 22) , required safety actions (COA 23) , noise calculations (35A) , and noise performance monitoring (35B) . There are no outstanding items under review that require ratification by the Board of Supervisors. If and when construction commences, additional items (COA 22 , 23 , and 35) will require ratification by the. Board of Supervisors. B. Work in Progress 1. Improvements al n_ Marina Vista. Six conditions require traffic improvements along Marina Vista, between the refinery gates and the north-bound I- 680 access ramp. Four of these conditions are a part of the existing Funding Agreement between Shell Martinez Refining Company and the County Public Works Department; the other two conditions have never been completed. The County Public Works Department is developing a funding arrangement with Shell and the City of Martinez whereby Shell would provide funding to the City of Martinez covering the expected costs of these improvements; at a later date, the City of Martinez would make the improvements. Tentative agreement has been reached, and the three parties are in the process of finalizing this agreement in writing. (See Exhibit D) The six conditions involve the following improvements along Marina Vista: + 3681 : continued bicycle path • 38A: rail crossing (at the old Genstar gate) 51: sidewalk/curb improvements • 57: improve the Amorco Road intersection • 58 : rebuild roadway segments • 59 : contribute to 1-680 ramp reconstruction 2 . Trail Easemgnt from the Bay Trail to Marina Vista Condition 36.B. (1) requires Shell to provide a trail easement from the Bay Trail to Marina Vista. Shell has offered two different alignments for trails that would be build by East Bay Regional Park District. However, due to the large expense of bringing the trail over the railroads, the Park District finds that an easement through Shell ' s property at this time is not practical. County staff is in the process of developing a formal easement agreement, to preserve this easement offer, since additional funds or rights-of-way might become available in the future which would make this trail segment realistic. DS/aa BO/Shell.DS Exhibit A Condition Compliance Summary Shell Clean Fuels Protect This document categorizes the 113 actions required by Conditions of.Approval within the Shell Clean Fuels Project Land Use Permit, LP922009, as amended by LP#962024. The Conditions have been divided into six categories: 1. Conditions met and closed 2. Conditions met; Compliance ongoing(by Shell) 3. Conditions met(by Shell); County Public Works Department currently responsible 4. Conditions not met by Shell 5. Compliance not yet required 6. Submittals under review 1. Conditions that have been satisfactorily completed: The following 32 Conditions of Approval have been met and closed, which means all actions required by these conditions have been completed successfully. Those in bold were completed during this past permit year(November, 1996 through October, 1997). 02A Site Development Plan (phases and dates) Condition met and closed. 02B Site Development Plan (Hazop Schedule) Condition met and closed. 02C Site Development Plan (relocate units) Condition met and closed. 11 Soil Mgmt. Control Plan Condition met and closed. 12 Selenium controls Condition met and closed. 13 SPCC Plan Update Condition met and closed. 18 NOx reductions Condition met and closed. 19 SOx reductions Condition met and closed. 20 CO catalyst technology Condition met and closed. 21 PM10 control measures Condition met and closed. 25 Odor controls Condition met and closed. 47A Misc. street improvements (Pacheco Blvd.) Condition met and closed. 49 "Traffic Signal, Gate P-3/Pacheco Blvd." Condition met and closed. 50 Repair damaged curb, sidewalk Condition met and closed. 53A Construct temp. signal (Fairview Gate) Condition met and closed. 53B Notify Martinez (ZA decision) Condition met and closed. 54 Connecting roadway Condition met and closed. 55A Pacheco Blvd. Widening Condition met and closed. 55B Pacheco Blvd. Improvement Design Condition met and.closed. 55C Pacheco Blvd. Improvement Design Condition met and closed. (Martinez Notice) Shell 1997 Annual Report,Exhibit A:Staff Summary Wage 2 6/9198 62 Pacheco Blvd. Right of Way Condition met and closed. 64 Jefferson Street Right of Way Condition met and closed. 67 Street Lights Condition met and closed. 68A Street Lights (Marina Vista) Condition met and closed. 69B Drainage Release Agreement Condition met and closed. 71 Alternate Flare System Condition met and closed. 72 Landscaping Plan Condition met and closed. 73 Reclaimed water feasibility study Condition met and closed. 74:B Demolition Restrictions (County Yard) Condition met and closed. 75 indemnify the County Condition met and closed.. 79 Office Education Program Condition met and closed. 83 County Child care Ordinance Condition met and closed. 2. Conditions met; compliance ongoing The following fifty-one Conditions of Approval require ongoing compliance. Some apply to ongoing construction activities. Others apply to new units as they enter construction, are completed, and begin operating. These conditions have been met but additional compliance is required as the project proceeds. 01 Project basis Condition met; compliance ongoing 03 Site Development Plan (update) Condition met; compliance ongoing 04a "Consent Calendar: COA 12,13, 18-25, Condition met; compliance ongoing 35" 06 Site Specific Geotech Report Condition met; compliance ongoing 07 On-site geotechnical professional Condition met; compliance ongoing 08 Grading Requirements & Completion Condition met; compliance ongoing Report 09 Seismic Restraint Criteria Report Condition met; compliance ongoing 10 Foundation certificates Condition met; compliance ongoing 14 Hydrocarbon Pipes Condition met; compliance ongoing 15 Dewatering Condition met; compliance ongoing 16 Fugitive Dust Control Condition met; compliance ongoing 17 Construction Equipment Emission Condition met;compliance ongoing controls 21A Fugitive dust controls Condition met;compliance ongoing 22 Hazops/Accident Conseq.Analysis Condition met; compliance ongoing 23 Implement Hazops Condition met; compliance ongoing 24 "Future modifications, CFP units" Condition met; compliance ongoing 26 Hydrogen sulfide monitoring Condition met; compliance ongoing 27 Odor controls (corrective actions) Condition met; compliance ongoing 28 FAA required lighting Condition met; compliance ongoing 29 Noise generating activity restrictions Condition met; compliance ongoing 30 Neighbors notification Condition met; compliance ongoing 31 Noise generating activity restrictions Condition met; compliance ongoing 32 Noise generating activity restrictions Condition met; compliance ongoing 34 Flood lighting Condition met; compliance ongoing 78_97AR staff review June 5 98 Attachment A doc Shell 1997 Annual Report,Exhibit A:Staff Summary Page 8 6/9/98 35A Operating Noise Calculation Reports Condition met; compliance ongoing 35B Noise Monitoring Condition met; compliance ongoing 45 Truck delivery restriction Condition met; compliance ongoing 46 Average Vehicle Ridership Condition met; compliance ongoing 52 Constr. Traffic Mgmt. Plan Condition met; compliance ongoing 56 Bridge/Thoroughfare Fee Ordinance Condition met; compliance ongoing Compliance 60 Pavement Monitoring Program Condition met; compliance ongoing 69A Storm.System Improvements Condition met; compliance ongoing 70 Storm Drainage Controls Condition met; compliance ongoing 74A Construction Height Restrictions Condition met;compliance ongoing 76 Protect archaelogic resources Condition met;compliance ongoing 77 Public Hearings Condition met; compliance ongoing 78 Annual Report Condition met; compliance ongoing 80 Emergency Manual Updated Condition met; compliance ongoing 81 Haz. Mat. Business Plan update Condition met;compliance ongoing 82 Community emergency response Condition met;compliance ongoing notification system 9601 Permit basis (as amended 11/19/96) Condition met; compliance ongoing 9+602 Relationship to original COAs Condition met; compliance ongoing 9603 Amends COA 53:traffic signal Condition met;compliance ongoing 9605 Coke truck shipments:PM Condition met; compliance ongoing restrictions 960+6 Coke trucks, gate &turning Condition met; compliance ongoing restrictions 9607a Coke truck technology& cleaning Condition met; compliance ongoing 9607b Coke truck traffic,Annual Report Condition met; compliance ongoing 9+608 Sweep streets &meet air standards Condition met; compliance ongoing 9609 Coke truck route (routine, emerg.) Condition met;compliance ongoing 9610 Coke truck count limits, per day Condition met; compliance ongoing 9611 Coke truck.traffic,AM restrictions Condition met; compliance ongoing 3. Conditions met; County Public Warks Department currently responsible Shell and the County Public Works Department signed an agreement whereby the County Public Works Department will complete the improvements required by the following twenty-one conditions. 37 Trans. Improvement Condition met; County PWD currently responsible. Approvals 38A Marine Vista/Genstar Gate Condition met; County PWD currently responsible. rail crossing 38B Genstar Gate rail crossing Condition met; County PWD currently responsible. (Martinez Notice) 39 Trans. Improvement Plans Condition met; County PWD currently responsible. 40 "Acquire rights of entry, Condition met; County PWD currently responsible. 78_97AR staff review June 5 98 Attachment A.doc Shell 1997 Annual Report,Exhibit A:Staff Summary page 4 6/9/98 etc." 41 Encroachment permit Condition met; County PWD currently responsible. 42 Site Distance Condition met; County PWD currently responsible. 43 Public Pedestrian way Condition met; County PWD currently responsible. designs 44 Martinez encroachment Condition met; County PWD currently responsible. permit 47B Misc. street improvements Condition met; County PWD currently responsible. (Shell Ave.) 48(1) Misc. street improvements: Condition met; County PWD currently responsible. Shell Ave. shoulders 48(2) Misc. street improvements: Condition met; County PWD currently responsible. Shell Ave. pedestrian ways 57 Reconfigure Marina Condition met; County PWD currently responsible. Vista/Amorco Rd Inters. 58 Rebuild pavement(MV) Condition met; County PWD currently responsible. 59 Contribute to pavement Condition met; County PWD currently responsible. reconstruction (ramps) 61 "Rights of Way(Shell Ave., Condition met; County PWD currently responsible. Marina Vista)" 63 Shell Ave. Right of Way Condition met; County PWD currently responsible. 65 Helena Ave. Right of Way Condition met; County PWD currently responsible. 66 Street Lights Condition met; County PWD currently responsible. 68B Street Lights (Martinez Condition met; County PWD currently responsible. Notice) 9604 Amend COA 58: traffic Condition met; County PWD currently index responsible. 4. Conditions not met by Shell: With the exception of those listed under categories 5 and 6 below, Shell appears to have met all of the conditions required. 5. Compliance not yet required: Consistent with the land use permit, the following six actions have not yet been required: 04b Office Bldg Restrictions Not yet required. 05 Office Bldg Plans Not yet required. 33 Sound Barrier, Pacheco Blvd. Not yet required. 36A2 Bicycle Improvement Plan(Martinez notice) Not yet required. 36B2 Trail easement(Martinez notice) Not yet required. 53C Dismantle traffic signal(Fairview Gate) Not yet required. 78_97AR staff review June 5 98 Attachment A.doc Shell 1997 Annual Report,Exhibit A:Staff Summary Page 5 619198 6. Submittals Under Review or Work in Progress The only conditions currently under review for this project include the following seven conditions. Six involve the section of Marina Vista from Mococo Road east to the north-bound entrance ramp for I-680. These conditions are part of a proposed funding agreement being discussed by County PWD, Shell, and the City of Martinez. If agreement is reached among these three parties and if the Zoning Administrator approves the agreement, then Shell would pay an agreed-upon sum of money to the City of Martinez, and the City of Martinez would make the improvements specified by the Condition of Approval. Work is in progress for a seventh condition , 36B1, which requires Shell to provide a trail easement from the Bay Trail to Marina Vista. County staff is in the process of developing a formal easement agreement, to preserve this easement for possible future actions by the East Bay Regional Park District. 36A1 Bicycle Improvement Plan Proposed funding agreement under review 36B1 Trail easement Easement Agreement being developed. 38A Marine Vista/Genstar Condition met; County PWD currently Gate rail crossing responsible. [Proposed funding agreement under review.] 51 Deferred improvement Proposed funding agreement under review agreement(bike/Ped) 57 Reconfigure Marina Condition met; County PWD currently Vista/Amorco Rd Inters. responsible. [Proposed funding agreement under review.] 58 Rebuild pavement(MV) Condition met; County PWD currently responsible. [Proposed funding agreement under review.] 59 Contribute to pavement Condition met; County PWD currently reconstruction(ramps) responsible. [Proposed funding agreement under review.] 78_97AR staff review June 5 98 Attachment A.doc ................11.1.11'', ............................. ............. ................. ............... ............... EXHIBIT B Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 1 of 17 01 Project basis 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. 02A Site Development Plan(phases and dates) 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 02B Site Development Plan(Hazop Schedule) 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 02C Site Development Plan (relocate units) 1997 Status: Condition met and closed' 1996 Status: Condition met and closed Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review, after Shell committed not to build Light Crude Wank#2. 03 Site Development Pian(update) 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. Note that one additional piece of equipment(a side stripper for the is planned to be constructed in the first quarter of 1999. 04A Consent Calendar: COA 12,13, 18-25, 35 1997 Status: Condition met; compliance ongoing; 1996 Status: Condition met;compliance ongoing; Staff Review: Concur with the report, except that 22, 23, and 35 apply to Phase 11 construction an, the Phase I DHT side stripper. Condition 24 is ongoing. 04B Office Bldg Restrictions 1997 Status: Not yet',required. 1996 Status: Not yet required. Staff Review: Concur with report. Construction of office building has not yet begun. 05 Office Bldg Plans 1997 Status: Not yet';required. 1996 Status: Not yet required. Staff Review: Concur with report. Construction of office building has not yet begun. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/9$) Page 2 of 11 I�IIII�IIIY�rlll- M�Iif�Y��II�IIYI��I II�YYYI�r•� 06 Site Specific Geotech Report 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. 07 On-site geotechnical!professional 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. 08 Grading Requirements& Completion Report 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Grading Inspection staff has confirmed that condition is met and closed. 09 Seismic Restraint Criteria Report 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Condition met to date. Shell needs to demonstrate compliance with this condition prior to constructing the side stripper. 10 Foundation certificates 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Condition met to date. Shell needs to demonstrate compliance with this condition prior to constructing the side stripper. 11 Soil Mgmt. Control Plan 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 12 Selenium controls 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. Shell CFP Annual Report, 1997. CDD Staff Review. (619/98) Page 3 of 1 r �����1I�YM�III`�IIYIi�Yllll�W i�.�W YYY/M�IY�II��IIr1YlY�f11� 13 SPCC Pian Update 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 14 Hydrocarbon Pipes 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. 15 Dewatering 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. 16 Fugitive Dust Control 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Condition met during 1997. Condition will apply to future construction on-site. 17 Construction Equipment Emission controls 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Condition met during 1997. Condition will apply to future on-site construction. 18 NOx reductions 1997 Status: Condition met and closed. 1996 Status Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. 19 SOx reductions 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 20 CO catalyst technology 1997 Status: Condition met and closed.' 1996 Status: Condition met and closed. Staff Review; Condition considered"met and closed"with the 1995 Annual Report Review. Shell CFR Annual Report, 1997. CDD Staff Review. (6/9/98) Page 4 of I t 21 PM10 control measures 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 21A Fugitive dust controls 1997 Status: Condition met; compliance ongoing 1996 Status: Not yet required. Staff Review: Concur with report. Required information included in Shell's report. 22 Hazops/Accident Consequence. Analysis 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. The Board has ratified compliance for all constructed Clean Fue Project elements. 23 Implement Hazops 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing(submittal under review Staff Review: Concur with report. The Board has ratified compliance for all constructed Clean Fuels Project elements. 24 Future modifications,CFP units 1997 Status: Condition met; compliance ongoing 1996 Status: Submittal under review Staff Review: Condition applies to Clean Fuels Project units that are build and operating. No changes to those units during 1997 triggered noticing under this condition. 25 Odor controls 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 26 Hydrogen sulfide monitoring 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. Annual Monitoring Summary included with the 1997 Annual Report. BAAQMD staff concurs that reports were filed and there were no exceedances. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 5 of 17 27 Odor controls(corrective actions) 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: BAAQMD staff concurs that reports were filed and there were no exceedances. 28 FAA required lighting 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. As confirmed when reviewing the 1995 Annual Report,the red strobe lights called for in the permit violate FAA requirements. Zoning Administrator previously approved substitute lighting consistent with FAA requirements. 29 Restrictions on noise-generating const. 1997 Status: Condition met; activities compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with Shell's report. The County has received no noise complaints during th( 1997 Annual Report period. Condition will apply to any future construction. 30 Neighbors notification 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. Condition will apply to any future construction on-site, including construction of DHT side stripper. 31 Restrictions on noise-generating const. 1997 Status: Condition met; activities compliance ongoing. 1996 Status: Condition met;compliance ongoing. Staff Review: Concur with Shell's report. No construction occurred during this annual review peri( on the Pacheco Boulevard parking lot or the Office Building. Tank referenced in thi; condition will not be built. 32 Restrictions on noise-generating const. 1997 Status: Condition met; activities compliance ongoing. 1996 Status: Condition met;compliance ongoing. Staff Review: Concur with Shell's report. No construction occurred during this annual review peri( on the Pacheco Boulevard parking lot or the Office Building. Tank referenced in thi: condition will not be built. Shell CFP Annual Report, 1997. CDD Staff Review. (5/9/98) Page 6 of 17 33 Sound Barrier, Pacheco Blvd. 1997 Status: Not yet required. 1996 Status: Not yet required. Staff Review: Concur with Shell's report. Compliance not required until Shell begins site preparation for the Pacheco Boulevard parking lot. 34 Flood lighting 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with Shell's report. County has received no complaints during this report period concerning lighting. 35A Operating Noise Calculation Reports 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: This condition is now complete for all constructed units. The Board ratified compliance for only one group of equipment during this project year. 35B Noise Monitoring 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing{submittal under review Staff Review: The Board ratified compliance for seven process units during this project year. All constructed units have now been ratified for compliance with this condition. 35A1 Bicycle Improvement Plan 1997 Status: Submittal under review; agreement being negotiated. 1996 Status: Submittal under review. Staff Review: Shell and the City of Martinez are currently negotiating a fundingagreement wheret Shell would make a payment to the City of Martinez and the City of Martinez would build the improvements. 35A2 Bicycle Improvement Plan(Martinez notice) 1997 Status: Not yet j required. 1996 Status: Not yet required. Staff Review: Compliance with this condition not required until bicycle improvement plan (Condition 36A1) has been approved. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 7 of 17 36BI Trail easement 1997 Status: Submittal under review; agreement being!developed. 1996 Status: Submittal under review. Staff Review: Shell has offered an easement to the East Bay Regional Parks District, but becausE of the difficulty of crossing the railroad tracks,the easement is not currently useful t( the Parks District. Staff is currently developing the appropriatedocuments to preserve the easement offer indefinitely. 3682 Trail easement(Martinez notice) 1997 Status: Not yet required. 1996 Status: Not yet required. Staff Review: Compliance with this condition not required until the proposed trail easement (Condition 36B1) has been accepted. 37 Trans. Improvement Approvals 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through FWD Funding Agreement, as confirmed by the PWD on March 15, 1995. 38A Marine Vista/Genstar Gate rail crossing 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. This condition was intended to mitigate t impacts of increased rail traffic on Marina Vista, due to shipment of coke by rail. Currently Shell is not shipping coke by rail, thus avoiding the impact. Shell has agreed to pay for the at-grade crossing, and in the future would pay for the crossing gate if they ship coke by rail in the future. This agreement is being included in the new Martinez Funding Agreement. 38B Genstar Gate rail crossing. Martinez Notice 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. See Condition 38A for more recent developments. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 8 of 17 39 Tracts Improvement Plans 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. 40 Acquire rights of entry,etc. 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. 41 Encroachment permit 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. 42 Site Distance 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. 43 Public pedestrian way designs 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement,as confirmed by the PWD on March 15, 1995. 44 Martinez encroachment permit 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15,1995. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 9 of 17 45 Truck delivery restriction 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with Shell's report. 46 Average Vehicle Ridership 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Condition met and closed until there is further construction on-site. Peak eonstruetir work force occurred in the 1996 project year. 47A Misc, street improvements(Pacheco Blvd.) 1997 Status: Condition met and closed 1996 Status: Condition met and closed Staff Review: Work completed in 1996. 47B Misc. street improvements(Shell Ave.) 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. Work will be scheduled when Shell initiates construction of the Office Building. 48(1) Misc. street improvements(Shell Ave. 1997 Status: Condition met; County Shoulders) PWD currently responsible. 1996 Status: Condition met;County PWD currentlyresponsible. Staff Review: County amended funding agreement such that Shell Refinery accepts storm waters from Shell Avenue. 48(2) Misc. street improvements(Shell Ave. ped 1997 Status: Condition met; County ways) PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. Pedestrian access will be scheduled when Shell initiates construction of the Office Building. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 10 of 1i 49 Traffic Signal, Gate P-3/Pacheco Blvd. 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. 5o Repair damaged curb, sidewalk 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition met and closed. Shell has made a payment to the City of Martinez to cov the costs of the curb and sidewalk repairs. 51 Deferred improvement agreement(bike/Ped) 1997 Status: Submittal under review; agreement being negotiated. 1996 Status: Not yet required. Staff Review: Shell and the City of Martinez are currently negotiating a funding agreement wheret Shell would make a payment to the City of Martinez and the City of Martinez would build the improvements. 52 Constr. Traffic Mgmt. Plan 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Pian has been prepared and approved. Monitoring required by this plan continues as long as construction continues. 53A Construct temp. signal(Fairview Gate) 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 53B Notify Martinez(ZA decision) 1997 Status: Condition met and closed.. 1996 Status: Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. 53C Dismantle traffic signal(Fairview Cate) 1997 Status: Not yet required. 1996 Status: Not yet required. Staff Review: Condition amended with LUP962024 (Coke Truck Amendment, C©A#3). Traffic signal may stay in place unless the City of Martinez requests its removal. Shen CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 11 of 11 54 Connecting roadway 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 55A Pacheco Blvd Widening 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. 55B Pacheco Blvd Improvement Design 1997 status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. 55C Pacheco Blvd Improvement Design(Martinez 1997 Status: Condition met and Notice) closed. 1996 Status: Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. 56 Bridge/Thoroughfare Fee Ordinance 1997 Status: Condition met; Compliance compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Shell has paid the portion of the fee relating to number of new employees. Will pay second portion (relating to office building square footage)when office building plans confirmed. 57 Reconfigure Marina Vista/Amorco Rd inters. 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell, PWD, and the City of Martinez are currently negotiating a funding agreement whereby Shell would make a payment to the City of Martinez and the City of Martin( would build the improvements. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/9$) Page 12 of 1 i 5$ Rebuild pavement(Marina Vista) 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Condition amended with LUP962024 (Coke Truck Amendment,',COA#4). Shelf ant the City of Martinez are currently negotiating a funding agreement whereby Shell would make a payment to the City of Martinez and the City of Martinez would build t improvements. 59 Contribute to pavement reconstruction 1997 Status: Condition met; County (ramps) PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell, PWD, and the City of Martinez are currently negotiating a funding agreement whereby Shell would make a payment to the City of Martinez and the City of Martin( would build the improvements. 60 Pavement Monitoring Program 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. 61 Rights of Way(Shell Ave., Marina Vista) 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. Work scheduled for 1998. 62 Pacheco Blvd. Right of Way 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 63 Shell Ave. Right of Way 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. Work scheduled for 1998. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 13 of 1; 64 Jefferson Street Right of Way 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 65 Helena Ave. Right of Way 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County FWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. Work scheduled for 1998. 66 Street Lights(Shell Avenue) 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Condition met;County PWD currently responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. Work to be scheduled when Shell initiatE construction of the Office Building. 67 Street Lights(Pacheco Boulevard) 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. 68A Street Lights(Marina Vista) 1997 Status: Condition met and Closed. 1996 Status: Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. 68B Street Lights(Martinez Notice) 1997 Status: Condition met; County PWD responsible. 1996 Status: Condition met;County PWD responsible. Staff Review: Shell's compliance currently being met through PWD Funding Agreement, as confirmed by the PWD on March 15, 1995. Implementation not required until the Street Light Plan (Condition 68A) has been approved by the Zoning Administrator. 69A Storm System Improvements 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9198) page 14 of 1 MIIYi111YYYYY��YIIYMYYYYYIYYYY.�IYI�YlY111�11YMifl�l 89$ Drainage Release Agreement 1997 Status: Condition mat and closet!. 1996 Status: condition met and closed. Staff Review: Conditions considered"met and closed"with the 1996 Annual Report Review. 70 Storm Drainage Controls 1997 Status: Condition met; compliance ongoing. 1996 Status: Condition met;compliance ongoing. Staff Review: Concur with Shell's report. There have been no changes affecting flow of Storni water across public properties. 71 Alternate Flare System 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 72 Landscaping Pian 19917 Status: Condition met and closed'. 1996 Status: Condition met;compliance ongoing Staff Review: Concur with Shell's report. Landscape Plan has been fully implemented. Long-term maintenance requirement continues for the life of the project. 73 Reclaimed water feasibility study 1997 Status: Condition met and closed 1996 Status: Condition met and closed Staff Review. Condition considered"met and closed"with the 1996 Annual Report Review. 74A Construction Height Restrictions 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. 74B Demolition Restrictions(County Yard) 1997 Status: Condition met and closed.', 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 75 Indemnify the County 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered "met and closed"with the 1995 Annual Report Review. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 15 of 1; 76 Protect archaelogic resources 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Concur with report. 77 Public Hearings 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Shell has requested its fourth annual review hearing, cover the period of this report (November, 1996 through October, 1997). 78 annual Report 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Shell's 1997 Annual Compliance Report generally provides the type of information required by this condition. Approval of this condition does not imply that the County concurs with each representation contained in this report. 79 Office Education Program 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1995 Annual Report Review. 80 Emergency Manual Updated 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Emergency manual updates have been reviewed and approved for each clean fuel: project unit built to date. 81 Haz. Mata Business Plan update 1997 Status: Condition met; compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: No action was required of Shell for this Condition of Approval during the 1997 projec year. 82 Community emergency response notification 1997 Status: Condition met; system compliance ongoing 1996 Status: Condition met;compliance ongoing Staff Review: Shell maintains its membership in CAER and provides emergency response traininc for local providers. Shell CFP Annual Report, 1997. DDD Staff Review. (6!9/98) Page 16 of 1 83 County Childcare Ordinance 1997 Status: Condition met and closed. 1996 Status: Condition met and closed. Staff Review: Condition considered"met and closed"with the 1996 Annual Report Review. 9601 Permit basis(as amended, Nov. 19, 1996) 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: Concur with report. 9602 Relationship to COAs in original permit 1997 Status: Condition met; compliance ongoing 1996 status: Staff Review: Concur with report. 9603 Amends COA 53: traffic signal may stay. 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: This Condition amended COA 53 of the original permit,tracked as 53C in this repor Traffic signal may stay in place unless the City of Martinez requests its removal. Responsibility for this signal is being transferred from Shell to the City of Martinez. 9604 Amends COA 58: increases traffic index 1997 Status: Condition met; County PWD currently responsible. 1996 Status: Staff Review: This Condition amended COA 58 of the original permit. Shell's compliance currenti, being met through PWD Funding Agreement, as confirmed by the PWD on March 1 1995. Responsibility being transferred to the City of Martinez. See Condition 58 for further information. 9605 Coke truck shipments, PM restrictions 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: Required contract language has been in place since December, 1996. Staff review gate logs and interviews with Shell staff confirm that the PM travel time restrictions are being met. 9606 Coke trucks,gate and turning restrictions 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: Required contract language has remained in place as approved by the Zoning Administrator on December 3, 1996. Staff interviews with Shell staff and site visit confirm that the gate access restrictions are being met. Shell CFP Annual Report, 1997. CDD Staff Review. (6/9/98) Page 17 of 9607a Coke truck technology& cleaning 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: Shell has continued the truck technology and handling procedures proposed during its permit amendment process. Koch Carbon staff are pleased with the truck technology. 9607b Coke truck traffic Annual Report 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: Annual report includes the required information. Two truck accidents have occurrec in the early morning hours on Route 4. The material was recovered, no one was hu the drivers were not cited, and commute traffic was not interrupted. 9608 Sweep streets&meet air standards 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: Shell has continued street sweeping. Shell prepared an annual report and submitte to the Air District, indicating that dust emissions have remained''below the required limit of 0.94 tons per year. The Air District confirms that the methodology is appropriate. 9609 Coke truck route(routine, emergency) 1997 Status: Condition met; compliance ongoing. 1996 Status: Staff Review: Shell trucks appear to have used the alternate route with apparently no incident during flooding problems of 1997/98 winter. Staff reviewed gate logs to confirm trav( times. 9610 Coke truck count limits, per day 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: Analysis indicates that the facility averaged 42 loads per day, with a peak of 73 loac per day. Both numbers are well within the permit limits of 82 trucks per day (average) and 100 trucks per day(peak). 9611 Coke truck traffic,AM restrictions 1997 Status: Condition met; compliance ongoing 1996 Status: Staff Review: Review of gate logs and interview with Shell and Koch Carbon staff indicate that the AM time restrictions are being met. :.. EXHIBIT CRefining.:.�. .. ., CompanyShell Martinez P.O.Box 791 Martinez,Cafftmia 94553-0071 tbiegr,Eme;(510)313. December 8, 1997 Ms. Debra R. Sanderson Contra Costa County Community Development Department 651 Pine Street, 2nd Floor, North Winn Martinez, CA 94553 RE: Land Use Permit 922009 Condition #78: 1997 Annual Report Regarding Compliance with Conditions of Approval Dear Ms. Sanderson, Pursuant to Land Use Permit Condition # 78 we have enclosed a report entitled 1997 Annual Report Regarding Compliance with Conditions of Approval and Mitigation Monitoring Program. If you have any questions or need additional information regarding this matter, please do not hesitate to contact E. T. Swieszcz at (510) 313-3695. Sincerely, R. L. Jaco nager Environmental Affairs enclosure: 1997 Annual Report Regarding Compliance with Conditions of Approval and Mitigation Monitoring Program Shell Martinez Refining Company Martinez, California SECTION I SUMMARY AND SELECTED ITEMS OF INTEREST General Shell obtained a Land Use Permit in 1993 for the Clean Fuels Project. This is the fourth annual report of compliance with land use permit conditions for the Shell Martinez Refining Company Clean Fuels Project. The Community Development Department audited the compliance status as reported by Shell in the earlier reports, and their review indicated that Shell was in compliance with Land Use Permit conditions applicable during each period. Each time, Shell's compliance was armed by the Board of Supervisors. Specific details regarding current compliance status with the Land Use Permit conditions can be found in Sections II-A and II-B. These comments apply to the current review period, which ended October 31, 1997. Construction of the remaining project processing elements for Phase I (with the exception of a side stripper on the DHT which will be built in approximately 2 years)of the project was completed during the latest review period, and these units have begun operation. These include the belayed Coking Unit(DCU)and the Coke Barn. Construction of Phase II of the project has not yet started. Phase II includes Alkylation (Alley), Butane Isomerization (BI), Distillate Saturation Unit 2 (DSU-2), Light Gasoline Hyrdrotreater(LGHT), Flexicoker Gasoline Splitter Column(KGS), Catalytic Reforate Bottoming Column(CRB), Tankage, and the Office Building. Special interest Items • Community Warning System For the past four years, Shell has been actively involved in the Community Warning System project. The Community Warning System project is a unique and comprehensive county-wide alert and notification warning system. 'Warning system command centers at 911 dispatch sites and at major facilities in the County will be able to unite all emergency response agencies and personnel and can, either collectively or individually, activate any portion of the system such as sirens, pagers, sensitive receptors, television, and radio communication links. In the event of a future chemical release accident, the public will hear warning sirens adjacent to the facilities and receive additional safety precautions from radio and television broadcasts. In the event of an earthquake,the system would allow County officials to broadcast Contra Costa County specific information to the residents of the County. The project is nearing completion but is still being tested and has not been accepted by the County. In the interim, a process has been developed to allow County Health Services to activate the warning sirens if necessary. 1-1 12/2197 A Shell representative is a member of the Board of Directors of the Contra Costa County Community Awareness Emergency Response (CAER) and the Management Advisory Committee for the new Community Warning System(CWS). In addition, a number of other Shell employees are active in CAER and. CWS activities. Shell has participated in the funding of the CWS" and has donated office and storage space and other supplies for project management. Shell is also a member of the Industrial Safety Sharing Forum which endorsed the project, sponsored its fast-track implementation, and has been instrumental in bringing the industrial community together to share in the cost of the project. • Landscaping A 'landscaping plan was approved by the County. This plan enhances the visual appearance of the refinery, especially from the 1-680 corridor. The plan included using approximately 3,440 plants, groundcovers, grasses and wildflowers. Mature olive trees were planted in 1994 and are doing well. With the planting at Flare .bill and alternate work sites I and 11 during the past year, all base planting has been completed. All of the newly landscaped areas have been added to Shell's ongoing maintenance program. • Noise Shell has completed operational noise measurements for all units in Phase 1. The results have been submitted to CCCCDD. • Coke Transportation Shell obtained a permit to transport coke from the DCU by truck in addition to rail (as previously planned) on November 19, 1996 (Land Use Permit 2024-96, Shell Oil Company, Clean Fuels Project,Coke Truck Transport). This permit supplements, but does not supersede, the original Land Use Permit. Specific details regarding current compliance status with the Coke Truck Land Use Permit conditions can be found in Section 111. These comments apply to the current review period, which ended October 31, 1997. 1-2 12/2/97 SECTION II: COMPLIANCE STATUS NOVEMBER 1997 LAND USE PERMIT#2009-92 (SHELL MARTINEZ REFINING COMPANY CLEAN FUELS PROJECT) The following describes Shell's compliance status through October 31, 1997 with the Clean Fuels Project Land Use Permit(LUP)conditions of approval. The conditions are presented in two parts: Section II-A contains conditions which were stili in progress as of the 1996 Annual Report(12/31/96), and Section II-B lists those conditions that were documented as complete in the 1996 Annual Report. Shell has completed Phase I of the Clean Fuels Project(except for the DHT side stripper), and at this time,construction on Phare lI units has been deferred. Phase I and Phase II units are identified below: Phase I Phase II BFWT, CGI), CGRP,Cogen, Alky,BI, CRB, DSU"-2, KGS, Coke Barn, CWT, DCU,DHT, LGHT,Office Bldg, Tanks Flare, HGHT, HP-3, ISOM, LHT-2, SRU-4,Tanks, Pipe Racks,Control Bldg. In Section lI-A below, items described as"complete for Phase V would be a mended as necessary for implementation of the DHT side stripper. The conditions are summarized and presented in italics and are followed by the compliance status. SECTION II-A Permit Conditions in Progress as of the 1996 Annual Report LUP #1 Clean Fuels Project development shall be based on application,for land use permit volumes 1 & 2, sand project developmentloperation as further described in the final EIR. Status; Complete for Phase I. Shell continues to review project components for consistency with the land use permit and final EIR. 11-1 12/2197 LUP 43 Update site development plan every six months during the duration o,f the construction period. Status: Compliance is continuing. Updated site development plan submitted to the Contra Costa County Community Development Department(CCCCDD)on 3/26/97 and 9/30/97. Previous submittals and documentation are referenced in Section 1I-B. LUP #4A The Zoning Administrator's decisions regarding submittals for Conditions of Approval#I2, #.13, #18- #25, and#35 shall be placed on the Consent Calendar of the.B'oard's next meeting for ratification, unless removed from consent for further deliberation. Status: Conditions complete for conditions 12, 18-21,and 25. Conditions complete for Phase I for conditions 13,22-24,35A,and 35B. Refer to specific conditions for additional information. LUP #4B The Oce .Building shall not exceed any of the following: 154,444 square feet, 3 stories in height and 44 feet in height. Status: Not yet required. This requirement will be incorporated into the Office Building design. LUP #5 Submit architectural& landscaping plans for the Office Building to the City for review and the Zoning Administrator for review and approval. Status: Not yet required. This requirement will be incorporated into the Office Building design. LUP ##6 Submit geotechnical report to Zoning Administrator detailing the site- specific grading concepts, stability analysis, stabilization procedures, and design criteria for cut and fill slopes. Status: Complete for Phase 1. Previous submittals and documentation are referenced in Section II-B. II-2 12/2/97 LUP#7 Registered geotechnical professional on site to: 1. supervise the implementation of slope stability designs; 2. observe areas of potential instability, 3. supervise slope repairs, and 4. compaction testing. Status: Complete for Phase 1. Registered geotechnical professional(s)have been on site during grading and compaction activities. LUP##8 Submit final grading report. The report shall contain a detailed, as- graded geologic map signed by the engineering geologist for the project. A separate map provided by civil engineers for the project shall show all subdrains and their connections, surveyed and mapped, as well as foundations. The report shall document that all grading and related site preparation conforms with the geotechnical report, the County Grading Ordinance, and Chapter 70 of the VBC Status: Complete. A document titled"Final Geotechnical Report Shell Clean Fuels Project Mass Craning"was submitted to the CCCCDD on I/11195. A site grading inspection certificate was submitted to CCCCDD 9/30/97. 'Final minor drainage repair highlighted by inspection certificate has been completed and was documented in letter to CCCCDD on 10/23/97. LUP #9 Submit a geotechnical report detailing seismic-restraint criteria to be incorporated into the designs of the foundations and structures. Status: Complete for Phase 1. Previews submittals and documentation are referenced in Section 11-13. LUP 410 Building permit applications or certificate of foundations or structures shall include a report documenting engineering analysis of bay mud, appropriate remediation, and that roads,foundations, and underground utilities shall accommodate settlement or compaction. Status: Complete for Phase 1. Previous submittals and documentation are referenced in Section I1-13. I1-3 12/2/97 LUP#14 All hydrocarbon pipes installed above ground as feasible.', I,f no practical alternative exists, underground systems with double containment and leak detection system will be required. Status: Complete for Phase I. Hydrocarbon piping on the Clean Fuels Project(CFP)has been installed above ground, except where no practical alternative existed. In these rare instances where underground hydrocarbon piping has been installed, double containment and leak detection has been provided. LUP#15 In areas with high groundwater where construction will occur, dewater as necessary. Any discharge of groundwater shall comply with the storrnwater NPDESpermit Status. Complete for Phase 1. Groundwater encountered during excavation work was discharged to either the Shell Martinez Refining Company(SMRC) stormm sewer system or the SMRC process sewer system. In most instances,the water removed from excavations was just rain water. This water was discharged to a storm sewer which discharged to Lake Slobodnik. Lake Sldbodnik discharges were regulated as stormwater under the SMRC's National Pollutant Discharge Elimination System(NPDES)permit. When the groundwater contained hydrocarbons, it was discharged to a process sewer which discharged to the Effluent Treating Plant. Effluent'Treating Plant discharges were regulated as process water under the SMRC NPDES permit. LUP 416 During the construction phase, implement measures to reduce fugitive dust emissions. Status: Complete for Phase 1. Construction contractors and their employees implemented measures to reduce fugitive dust. Specific measures identified and implemented in previous years were continued. These included the following: The speed limit at the Clean Fuels Project site is 15 mph. Speed signs limiting speeds to 15 mph or less are posted throughout the jobsite. • Portable speed monitors were used to remind drivers of the speed limit, and supervisors were reminded as needed during safety meetings(#16A). 11-4 12/2/97 • Procedures for checking that trucks carrying loose materials are covered and have at least six inches of freeboard(#168). • Construction roads have been paved,inspected by CCCCDD (6!5!96)and deemed acceptable(#I6C, D and K). • A dedicated water truck with a full-time driver circulated throughout the jobsite. All roads and areas requiring watering were coveredd several times each day. At each area, fire hoses were used when needed to supplement the water truck(#'16E, G,H, and J)• Prior to the Clean Fuels.Project, the site Was in industrial use, and the project area did not have extensive ground cover. As soon as possible, interior areas of the site were covered with gravel, concrete pads,or asphalt. The project boundary along I-680 Was landscaped, including a berm containing ground cover,bushes and trees(#161). A wheel washing station is located near the Clean.Fuels Project gate. In addition,the project entrance road is watered and swept regularly(#16L). • Most of the jobsite was either covered by gravel or paved(4I6E, H,and I). • During this review period, Phase I construction was completed and there were no dust generating demolition activities; therefore,wind speed records were not necessary(#I 6F). LUP 4I7 Implement measures to reduce construction equipment combustion by- product emissions. Status: Complete for Phase I. Construction contractors and their employees implemented measures to reduce construction equipment combustion. Personnel were on site daily to oversee that measures were implemented. Specific measures implemented included: maintaining and repairing vehicles regularly,training employees not to leave vehicles idling,using electric equipment instead of gasoline and diesel equipment;when feasible, and eliminating the use of portable generators where possible. 11-5 12/2/97 LUP #21A Annually submit to the CCC'C"DD a report on,fugitive emissions from the coke operations. Status: Compliance is continuing. The fugitive TSP emissions from coke operations are shown below. These emissions, based on an emission rate derived by BAAQMD of 0.002806 lbs/ton coke produced:,are reported monthly to BAAQMD Month/'Yr Coke Loaded-dry tons) TSP emissions(tons) Feb/97 27,350 0.04 Mar/97 31,895 0.04 Apr/97 32,169 0.05 May/97 30,826 0.04 Jun/97 30,254 0.04 Jul/97 32,125 0.05 Aug/97 31,353 0.04 Sep/97 33,910 0.05 Oct/97 31,740 0.04 LUP #22 At least sixty(60) days prior to the start-up of any element of the proposed project, submit a Hazard and Operability study and accident consequence analysis to the County Health Services(Department for review and.Zoning Administrator for review and approval. Status: Complete for Phase 1. Previous submittals and documentation are referenced in Section 11-B. LUP #23 Prior to start-up, demonstrate that the measures detailed in the approved Hazard and Operability studies have been implemented Status: Complete for Phase 1. Approval has been obtained from the CCCHSD for the following project element. Unit Approved DCU 1/14/97 Previous submittals and documentation are referenced in Section 11-13. 11-6 12/2/97 LUP #24 Provide written notice to County Health Services Department and Zoning Administrator to receive determination if modifications to project element, after submittal of Hazard Operability study and accident consequences analysis for that element, requires a new Hazard Operability study and accident consequences analysis. Status: Complete for Phase I. No modification has been made to the Clean Fuels Project scope described in the Land Use Permit Application that would have the potential to generate an off-site hazard from process upset. LUP#26 .Monitor H2S concentrations using existing monitors sensitive to concentrations on the order of 0.001 ppm. Submit monthly monitoring reports to BAAQMD. Submit annual summary of monitoring reports to CCCCDD. Status: Compliance is continuing. Shell submits monthly reports regarding ground level monitors to the BAAQMD,attention Vick Duker,AQ Meteorologist. An annual summary of these monitoring reports is presented in Section IV. Previous submittals and documentation referenced in Section II-B. LUP #2 7 If oder threshold is exceeded after project implementation, determine source of odor and implement measures to reduce concentrations to below the odor significance threshold identified in the project final EIR Status: Compliance is continuing. The I-I2S standards of 60 ppb maximum for three minutes or 30 ppb maximum for one hour were not exceeded during this period. Maximum monthly 1-12S concentrations for each applicable monitoring station are presented as part of Condition#26. LUP 428 Comply with FAA requirements for obstruction lighting regarding equipment exceeding 200 feet in height. Status: Compliance is continuing. Previous submittals and documentation are referenced in Section II-B. 11-7 1212197 LIP 429 Noise generating construction activities shall be limited to the hours of 7AM to 7PM; Monday through Saturday and shall be prohibited on State and Federal Holidays (exceptions for concrete and unloading). Status: Complete for Phase I. Major noise generating construction activities occurred during normal working hours -7:00 AM to 5:30 PM, Monday through Friday. No noise complaints have been received which were attributable to the Clean Fuels Project. LUP #30 Post site and mail to owners ofproperty within 3010 feet notice that lcyoLsnrst/r-yuctii}on work will commence. Submit notice and mailing list to L�R✓l✓T�..+.4lLJ. Status: Complete for Phase I. Previous submittals and documentation are referenced in Section 11-S. LUP ##31 Boise generating construction activities at the office building location, the Pacheco Blvd.parking lot, and the tank construction area in the South East portion of the site shall be limited to 8 AM to 5 PM; Monday through Friday and prohibited on State and:Federal holidays. Status: Complete for Phase I. Demolition activities at the County "Yard on Shell Avenue are partially complete. Final demolition will occur during construction of the Office Building(Phase II). All noise activities have been confined between 8 AM and 5 PM, Monday through Friday. No noise complaints were received. Office building construction and activities at the Pacheco Blvd. parking lot and tank construction area in the southeast portion of the site have not yet started. LUP #32 Locate construction noise sourcesfor activities at the office',building site, the Pacheco Blvd.parking lot and the southeast tank site as far north as possible, maintain & muffle equipment. Status: Complete for Phase I. Demolition activities at the County Yard on Shell Avenue are partially complete. Final demolition will occur during construction of the Office Building(Phase II). Office building construction and activities at the Pacheco Blvd. parking lot and tank construction area in the Southeast portion of the site have not yet started. 1I-8 1212191 LUP #33 erect a plywood noise barrier along Pacheco Blvd. adjacent to the parking lot construction site. Status: Not yet required. Construction in this area has not yet started. LUP #34 Flood or area lighting neededfor construction activities shall be placed a& directed so as not to shine on residential or commercial properties. Status: Complete for Phase I. Typically,only limited activities, such as electrical and instrumentation work, have occurred at night. Flood lights were primarily used during second shift work at the DCU and SRU4 areas. They were not visible from nearby residential and commercial areas. Some lights were also stationed in the walkways between the work areas and the parking lots and at storage yards. any lights near the SMRC property line were adjusted to shine inward. There have been no complaints about these lights. Previous submittals and documentation are referenced in Section II-B. LUP #35A Submit noise calculations demonstrating compliance with noise performance standard. Status: Complete for Phase I. Previous submittals and documentation are referenced in Section 11-B. LUP #35B Submit a noise monitoring plan to the Zoning Administrator for approval. Perform and submit operational noise verification measurements,for approval. Status: Complete for Phase 1. Previous submittals and documentation are referenced in Section II-B. Operational noise verification measurement submittal dates are listed. below. Unit Submittal Date HGHT/CR2NGT 11/12/96 HP-3 6/12/97 11-9 12/2197 DCU 7/30/97 DMT 7/30/97 CWT 8/22/97 Coke earn 8/25/97 ISOM 9/8/97 SRU-4 9/23/97 Measurements for CWT and ISCM were previously submitted and approved. To affirmm compliance,a second measurement was taken and submitted after they reached full capacity. LUP 36B Construct the improvements as outlined in the plan from 1-6180 to Shell Avenue, or contribute to the City of Martinez the equivalent construction cost for the improvements, subject to the review of the City and the review and approval of the Zoning Administrator. Status. Compliance is continuing. Shell has discussed the issues with City of Martinez Planning and County Public Warks Department. Shell agreed to an understanding that the zone of impact to Marina Vista extends to the northbound I-680 Marina Vista off ramp. In addition,all parties agreed that it made the most sense to construct the improvements when definite plans for the new Benicia Bridge were available. LUP 445 Prohibit construction and material truck deliveries which originate within CA. (except concrete) between 6-8 AM, 4:30-6:30 PM. Status: Complete for Phase I. Sign posted at entrance to Clean Fuels Parkway. Shipping and Invoicing Instructions contain language stating that receiving hours are 8.00 AM to 12.00 neon and 12:30 PM to 4 PM Monday through Thursday. Procurement notified vendors and haulers of time restrictions when orders were placed. Security guard enforced the restrictions. Deliveries that arrived during non-receiving hours were not allowed entrance to site. 1I-10 1212/97 LUP #46 .Include in all construction contracts the requirement that daily average vehicle ridership equals not less than 1.15. Contracts to be retained at MMC far review. Status: Complete for Phase I. Fehr& Peers Associates monitored construction-traffic activities, including vehicle ridership counts. Since January 1994, the daily average vehicle ridership has been measured eleven times. The average ridership for all vehicles monitored to date is 1.17. Previous submittals and documentation are referenced in Section Il-B. LUP #51 Execute deferred improvement agreement to construct curly and sidewalk along eastern frontage, along Marina Vista. The improvements shall be constructed when the bicyclelpedestrian connection between Marina Vista and the proposed new Benicia Bridge span is constructed. Status: Compliance is continuing. Previous submittals and documentation are referenced in Section 11-B. LUP #56 Comply with requirements of BridgelThoroughfare Fee Ordinance. Fee based on ##of employees impacting the PMpeak hour,plus square footage of the proposed office building. Status: Compliance is continuing. Previous submittals and documentation are referenced in Section Il-B. LUP #72 Submit a landscaping plan for the project viewed from 1-680 and Marina Vista Interchange;for area between the Light Crude Tank and residential area (if not relocated); and along Marina Vista within City boundary. Status: Complete Landscape completion letter submitted to CCCCDD 1(1/1/97. Previous submittals and documentation are referenced in Section H-B. 1 12/2/97 LUP #74 Maintenance, warehouse, and control buildings shall not exceed 40 feet in height. Ifapplicant is responsible for the demolition of thefacilities located at the County Yard on Shell Avenue, then noise generating construction activities must be limited to the hours of 8:00:am to 5.00 pm {Monday through Friday, no holidays} and noise sources must be located to maximize the distance to sensitive noise receptors. Status: Complete for Phase I. All applicable buildings do not exceed 40 feet in height. Demolition activities at the County'Yard on Shell Avenue are partially complete. Final demolition will occur during construction of the Office Building(Phase 11). All noise activities have been confined between 8 AM and 5 PM, Monday through Friday. No noise complaints were received. Previous submittals and documentation are referenced in Section II-B. LUP #76 Should archaeological materials be uncovered, earthwork within 30 yards of these materials shall be stopped until a professional archaeologist has evaluated the find. If any significant cultural materials are encountered during construction, the Community Development Department shall be notified and a qualified archaeologist contacted and retained for further recommendations. Status: Complete for Phase 1. All construction contractors and workers were informed of measures to be implemented if cultural resources are discovered. Personnel were on site to ensure compliance. No cultural resources have been.discovered. LUP 477 Board of Supervisors shall hold public hearings at a frequency of one per year during the first 5 years, and every 3 years thereafter to determine compliance with the land use permit conditions. Status: Compliance is continuing. LUP #78 Submit annual report to Director of Community Development on facility's compliance with the conditions of approval and Mitigation Monitoring Program. For each mitigation measure, identify compliance, standard used, times and dates of monitoring, and future action. Status: Compliance is continuing. This document satisfies this condition for 1997. Previous submittals and documentation are referenced in Section 11-8. 11-12 12.12117 LUP 981 Prior to the start-up for each project element which manages hazardous materials, update the Hazardous Materials Business Plan.'; Status: Complete for Phase I. Previous submittals and documentation are referenced in Section II-B. LUP #82 Upon the request of the County,participate with the County in community emergency response notification and education programs Status: Compliance in progress. Shell participates with the County in numerous ways, including: • Shell Martinez Refining Company's President and CEO, R.I Banducci, is a director on the Board of Directors of the Contra Costa County Community Awareness Emergency Response (CAER) and he is a member of the Management Advisory Committee for the neve Community Warning System(CWS). Employee volunteers are working with the CWS project and area schools to educate children regarding emergency preparedness. This includes shelter-in place training required for siren response. • Shell has participated in publishing and distributing various CAER and CWS information to the public. 11-13 1212!97 SECTION II-B Coin feted Items or Parts of Items as Shown in 1996 Annual e rt LUP 9.2 Submit initial site development plan(identifying the phasing of key project milestones). Status: Complete Initial plan submitted to the CCCCDD on 9/24/93. LUP #3 Update site development plan every six months during the duration of the construction period. Status: Complete for Phase I. Updated site development plan submitted to the CCCCDD on 3/24/94, 9/25/94, 3/24/95, 9/25/95, 3/25/96, and 10/11/96. See Section II-A for most recent submittals. LUP #6 Submit geotechnical report to Zoning Administrator detailing the site- specific grading concepts, stability analysis, stabilization procedures, and design criteria for cut and fill slopes. Status. Complete for Phase I. Report submitted on 9/27/93. Additional information in response to successive County comments submitted on 12/13/93 and 2/7/94. LUP #9 Submit a geotechnical report detailing seismic-restraint criteria to be incorporated into the designs of the foundations and structures. Status: Complete for Phase 1. A site-specific geotechnical report detailing seismic-restraint criteria was submitted on 9/27/93. Certificates of foundations or structure submittals have been completed for the following areas. BFWT, Caustic Regeneration,CGDP,Cogen,CWT,DCU/Coke Barn,DHT;Flare, HGHT, HP-3, ISOM,LHT-2,Offsites, SRU-4, and VGT. See Section.I1-A for most recent submittals. II-14 12/2/97 LUP #10 Building permit applications or certificate offoundations or structures shall include a report documenting engineering analysis of bay mud, appropriate remediation, and that roads,foundations, and underground utilities shall accommodate settlement or compaction. Status: Complete for Phase 1. Geotechnical report for project submitted on 12/13/93. LUP #11 Submit approved soil management control plan; describe soil screening protocol(suitability for use as fill);provide for segregation of surface runoff and accumulated contaminated sails; ensure compliance with existing NPDES permits. Status: Complete. Soil Management Control Plan submitted to the Regional Water Quality Control Board(RWQCB)on 9/1/93. RWQCB approved Soil Management Control Plan submitted to the CCCCDD on 10/20/93. LUP #12 Submit Selenium report detailing compliance with E1R selenium mitigation measures. Status: Complete. Selenium reduction/pilot study submitted to the RWQCB on 12/31/93 Report on technical progress to the RWQCB on 3/28/94 Selenium.Deport submitted to the Zoning Administrator on 5/9/94 Selenium Report approved by the Board of Supervisors on 6/14/94 LUP#13 Submit evidence that Spill Prevention Control and Countermeasure Plan has been updated and implemented to include secondary containment for all tanks, segregation of oily surface and surface runoff, operational controls, and all new facilities. Status: Complete. Letter submitted to the CCCCDD on 10/5/94 for the Zoning]Administrator and the Board of Supervisors' approval. Updated Spill Prevention Control and Countermeasure(SPCC)Plan submitted to the CCCCDD on 11/1/94. Approved by the Board of Supervisors on 11/8/94. Iia 1 S 12/2/97 LUP #18 Prior to the start-up of any project unit,provide evidence that the program to reduce NOx through Urea injection control technology has been implemented. Status: Complete Compliance approved by the Board of Supervisors on 6/5/95. LUP#19 Prior to the start-up of any pro jest unit,provide evidence that a program to reduce SOx has been approved by BAAQMD and implemented. Status: Complete Compliance approved by the Board of Supervisors on 6/6/95. LUP #20 Prior to start-up of the proposed hydrogen plant,provide evidence that CO oxidation catalyst technology had been applied to the HH2 plant heater, or that other measures have been applied which achieve the same level of reduction (97.5 tons per year reduction in carbon monoxide emissions). Status: Complete Compliance approved by the Board of Supervisors on 5/16/95. L UP #21 Prior to the start-up of any project unit,provide confirmation that proposed control measures leading to reduction of PM10 formation in the atmosphere (i.e. NOx/SOx control) would be sufficient to reduce PMI p emissions below a level of significance. Status: Complete Compliance approved by the Board of Supervisors on 6/6/95. LUP 922 At least sixty(60) days prior to the start-up of any element of the proposed project, submit a Hazard and Operability study and accident consequence analysis to the County Health Services Department for review and.Zoning Administrator for review and approval. Status: Complete for Phase I. The following Hazard and Operability studies(HazOps)have been approved by the Board of Supervisors. 11-16 12/2/97 Unit HazOP HazOp Submitted Approved DCH 1/17/95 4/25/95 ISOM 1/17/95 5/23/95 Additives 2/13/95 3/28/95 BFWT 2/14/95 3/28/95 CWT 2/14/95 3/28/95 Process Water Tanks 2/14/95 3/28/95 Flare 3/2/95 4/25/95 Pentane Tanks 3/16/95 5/2/95 HP-3 3/29/95 5/9/95 Recovered tail Tank 3/30/95 8/8/95 CGRP 5/10/95 8/1/95 LHT-2 6/19/95 8/8/95 Alkylate Tank 7/27/95 11/7/95 Cogen 8/21/95 10/14/95 HGHT 6/13/95 4/16/96 HGHT/Caustic Regeneration 7/5/95 4/16/96 HGHTNGT 9/24/95 4/16/96 Sour Water Tank 14110/95 6/11/96 SRU 4 11/21/95 6/11/96 DHT 1/2/96 4/16/96 DCU 1/11/96 6/11/96 See Section lI-A for most recent submittals. LUP #23 Prior to start-up, demonstrate that the measures detailed in the approved Hazard and Operability studies have been implemented Status: Complete for Phase 1. Approval has been obtained from the CCCHSD for the following project elements. Unit Approved CWT 5/12/95 Additives 5/12/95 HP-3 5/12/95 BFWT 5/19/95 Process Water Tank 5/19/95 DCH 6/14/95 Recovered Oil Tank 8/10/95 11-17 12/2/97 Pentane Tams 8/11/95 CGRP 9/7/95 Cogen 10/30/95 LHT 2 10/30/95 Flare 11/28/95 ISOM 11/28/95 Alkylate Tank 11/8/95 HGHT 7/12/96 VGT 7/12/96 CR2 7/12/96 Sourwater Tank 8/30/96 SRU 4 8/30/96 DHT 10/14/96 See Section I1-A for most recent approvals. LU.P #2.5 Provide evidence that total H2S concentration will not exceed the odor threshold as defined in the projectfinal final EIR Status: Complete. Letter with modeling results demonstrating that total H2S concentrations will not exceed threshold concentrations was submitted to the CCCCDD on 5/4/94. Approval from the Board of Supervisors was obtained on 6/14/94. LUP #26 Monitor H2S concentrations using existing monitors sensitive to concentrations on the order of 0.001 ppm. Submit monthly monitoring reports to BAAQMD. Submit annual summary of monitoring reports to CCCCDD. Status: Compliance is continuing. 1995 data summary submitted as part of 1995 Annual Report. Supplementary data submitted 2/20/96. 1996 data summary submitted as part of 1996 Annual, Report. See Section II-A for most recent data. 11-18 12n/97 LUP 428 Comply with FAA requirements,for obstruction lighting regarding equipment exceeding 20th,feet in height. Status: Compliance is continuing. Supplemental Notice farms for seven structures over 200 feet in height were submitted to the Federal Aviation Administration(dated 8/3/94). Documentation for use of flashing beacon lights instead of strobe lights was submitted to the CCCCDD on 10/30/95. LUP #30 Post site and mail to owners ofproperty within 300 feet notice that construction work will commence. Submit notice and mailing list to CCCCDD. Status: Complete for Phase 1. Site was posted on 12/30/93. List of contact persons was developed on 12/30/93. Notice was mailed to property owners on 12/30/93. Copy of notice was submitted to the CCCCDD on 12/30/93. List of contact persons is current. Last notice mailed to property owners on 11/28/94 and submitted to the CCCCDD on 12/8/94. LUP #34 Flood or area lighting needed far construction activities shall be placed cue directed so as not to shine on residential or commercial properties. Status: Complete for Phase 1. Letter to the CCCCDD confirming placement of lighting submitted on 10/7/93. LUP 435A Submit noise calculations demonstrating compliance with noise performance standard. Status: Compliance is continuing. Noise calculations for the following facilities have been submitted and approved by the Board of Supervisors. Unit Submittal Date Approval Date CWT 5/24/34 6/14/94 Flare 5/24/94 6/14/94 Isom 5/24/94 5/14/94 11P-3 5/24/94 6/14x94 BFWT 7/27/94 11/8/94 11-19 12/2/97 Cogen 7/29/94 11/8/94 DHT 3/21/94 11/8/94 HGHT 3/29/14 11/8/94 Caustic R.egen 7/29/94 11/$/94 VGT 7/29/94 11/8/94 CGRP 9/23/14 11/8/14 DCU 10/5/94 11/8/94 SRU-4 10/24/94 11/8/94 LHT-2 2./13/15 3/28/95 Coke Barn 2/9/36 4/16/96 Noise calculations for the Pentane tanks were not completed because minimal noise was expected. However,operational noise measurements have been performed(LUP #3513). See section 11-A for most recent submittals. L UP #35B Submit a noise monitoring plan to the,honing Administrator for approval. Perform and submit operational noise verification measurements,for approval. Status: Complete for Phase 1. Noise monitoring plan submitted to the Zoning Administrator on 5/9/94. Noise monitoring plan approved by the Board of supervisors on 6/14/94. Operational noise verification measurement submittal dates are listed below. Unit Submittal Date LHT2 4/22/15 Pentane Tanks 4/22/96 CGRP 4/30/96 Flare 4/30/16 Cogen 8/5/96 BFWT 9/30/96 See Section 11-A for most recent submittals. 11-20 12/2/97 LUP 436A Submit a plan,far improving bicycle use on Marina Vista during construction and operation. Provide a trail easement front the Bay Trail to Marina Vista. Status: Complete. Bicycle/Pedestrian plan submitted to CCCPWD 4/5/96. Shell has discussed possible Shell property easements to be used for the Bay Trail with Sieve Fiala of the East Bay Regional Park District (EBRPD). He has verbally indicated that the EBRPD is not interested in any Shell property for the Trail extension. LUP #37 Drainage, road, & utility improvements detailed in Conditions #38-44& #47- fid require review& approval from Public Works Department. Development shall conform with Division 914& Division .1006 of the County Ordinance Code. Status. Complete Shell and the CCCPWD have an agreement to have Shell pay the Public Works Department to perform engineering and construction for the Land Use Permit Conditions#38, 39,40,41, 42,43,44, 47,48, 50, 57, 58, 59, 60, 61, 62,63,64,65,66, 67,and 68. Cooperative funding';agreement between Shell and the Contra Costa County for LUP Conditions 38, 47, 48, 50, 57, 58, 59,61, 62,63, 64, 65, 66,67,and 68 submitted to the CCCCDD on 12/l/94. Although not specifically listed,Conditions 39 through 44 and 60 are also covered by the agreement(see agreement). These conditions involve obtaining necessary permits and encroachments,proving compliance with the Ordinance code,engineering design, and other miscellaneous activities necessary to successfully complete those conditions listed in the agreement. LUP 438 Modem or replace the crossing protection at Marina Vista in the vicinity of Genstar{mate. Status: Complete. See LUP#37. 11-21 12/2/97 LUP #39 Submit improvement plans,payment ofreview and inspection fees, and security for public works improvements. Status: Complete. See LUP#37. L UP #40 Furnish proof to Public Works Department of acquisition of rights of f entry,permits, and/or easements,for construction of off-site road and drainage improvements. Status. Complete. See LUP #37. LUP#41 Obtain from Caltrans through the Public Works Department, an encroachment permit for construction within the state right of way. Status: Complete. See LUP#37. LUP #42 Provide for adequate sight distance at the Gates P-2, P-3, Genstar, Fairview, and the Shell.Avenue access to the new office facility. Status; Complete. See LUP#37. LUP #43 Design all public access ways in accordance with Title 24 (Handicap Access). Status: Complete. See LUP#37. L UP #44 Obtain an encroachment permit from City of Martinez for any work within the City limits. Status: Complete. See LUP#37. II-22 12/2/97 LUP 446 Include in all construction contracts the requirement that daily average vehicle ridership equals not less than 1'..15. Contract's to be retained at lYL? C for review. Status: Complete for Phase 1. Letter confirming that construction contracts contain ridership requirement was submitted 10/7/93. From January 1994 to March 1996, the daily average ridership was measured eleven times. The average vehicle ridership for all vehicles monitored to date is 1.17. See Section 11-A for most recent documentation. LUP #47 Construct curb, wally drainage, etc. along Pacheco between Wygal and easterly Shell property line, construct sidewalk between P-3 gate and Wygal along Pacheco. Level the depressed section of existing pavement along the curb at creek crossing. Status: Complete. Agreement between Shell and the CCCPWD submitted to the CCCCDD on 8/14/95. Also see LUP #37. LUP #48 Construct 4 font rock shoulders along both sides of,Shell Avenue (exception granted). Provide sidewalk from office building to Pacheco Blvd. Status: Complete. See LUP#37. LUP #49 Install traffic signal at Gate P-31Pacheco Blvd intersection, and interconnect the new signal with the existing signals on Pacheco Blvd., at Howe .Road, Morello Avenue and Shell Avenue. Status: Complete Installed April 1995. LUP #50 Repair damaged sections of curb and sidewalk along Pacheco and Marina Vista frontage of the Shell Oil property. Status: Complete. See LUP#37. 11-23 12/2/97 LUP#51 Execute deferred improvement agreement to construct curb and sidewalk along eastern frontage, along Marina Vista. The improvements shall be constructed when the bicyclelpedestrian connection between.Marina Vista and the proposed new Benicia Bridge span is constructed Status: Compliance is continuing. Bicycle/pedestrian plan submitted to CCCPWD 4/5/95. See Section 11-A for more recent documentation. L UP #5.2 Submit construction traffic management plan. Plan shall include: A) Transportation Demand Reduction Plan; B) Congestion Monitoring Program; and C)Access.Management Plan. Status: Complete Construction Traffic Management Plan submitted to the City of Martinez, Caltrans and the CCCPWD on 11/23/93. Approval received on 11/23/93. LUP #53 Construct temporary traffic signal at the Fairview Gate to be operated during the construction period. Signal design shall be subject to the review o,f the City and review and approval of the Zoning Administrator. Status: Complete. Traffic signal plans submitted to the City of Martinez, Caltrans and the CCCPWD on 10/5/93. Approved by the Zoning Administrator on 5/10/94. Signal installed on 5/23/94. LUP #54 Install a connecting roadway between the Fairview parking lot and the Genstar internal roadway. Status: Complete. Plans submitted on 9/30/93. The Zoning Administrator approved on 10/25/93. Connecting road installed on 12/5/93. 11-24 12/2/97 LUP #55 If the Construction Traffic Management Plan identifies the need, widen Pacheco Blvd. in the vicinity of.Morello Avenue and modify existing signal to its ultimate location and configuration. If the Traffic Management Plan does not idents the need to improve the intersection, thea the applicant shall contribute the project's pro-rata share of widening Pacheco Blvd. from Morello Avenue to Arthur Road. Status: Complete. Agreement between Shell and the CCCPWD submitted to the CCCCDD on 8/14/95. LUP#56 Comply with requirements of BridgelThoroughfare Fee Ordinance. Fee based on #of employees impacting the PM peak hour,plus square footage of the proposed office building. Status: Compliance is continuing. The Bridge/Thoroughfare Fee were paid to the CCCBD on 4/5/95 with the Clean Fuels Control Center Building permit(permit# 192775). See Section 11-A for more recent documentation. LUP #57 Reconfigure the intersection of Marina nista and Amorco Read to provide adequate truck turning radii. Status: Complete. See LUP#37. LUP 958 Rebuild the pavement structural section of.Marina Vista between the Fairview Gate and I-680 northbound ramps, subject to the review of the City and review and approval of the ZoningAdministrator. Status: Complete. See LUP #37. LUP#59 Contribute a fain share amount toward the reconstruction of the pavement structural section ofI-680 northbound&southbound on & off ramps at Marina Vista. The fair share amount shall be based upon the project- generated truck ADT on the ramps versus the total truck ADT on the ramps. Status: Complete. See LUP#37. 22-25 12/2/97 LUP #60 Prepare and implement a pavement monitoring program for Marina Vista, subject to the review of the City of Martinez, and for the Interstate 680 on- and off-ramps, subject to the review of the Caltrans. These improvements shall also be subject to the review and approval of the Zoning Administrator. The monitoring program shall require: A. Video evidence of pavement before and after project. B. Post pavement repair bond. C The exclusion of speck County and City roads from truck deliveries routes to the site, which for safety and maintenance reasons, cannot support additional truck traffic. D. The applicant shall contract with the County to have a road rating and deflection analysis performed before and after project construction to determine the extent of remedial work to be performed. Remedial work shall consist ofpavement repair andlor pavement overly and reconstruction of portions of the road as deemed necessary to bring the road to at least its pre-construction condition. The scope of work for the contract shall be subject to the review of the City of Martinez and subject to the review and approval of the Zoning administrator. Status. Complete. This requirement is satisfied by the cooperative funding agreement between Shell and the CCCPWD(LUP#37). CCCPWD is managing the work,and the repair bond was included in the funding agreement. LUP #51 Convey to the County and City additional right of way on Shell Avenue and to the City additional right of way on Marina Vista, by Offer of .dedication. Execute an agreement to dedicate additional right of way when the improvements are needed The agreement shall be executed prior to the completion of the project improvements. Status: Complete. See LUP#37. 11-26 1212197 LUP#62 Convey to the County, by Offer of(Dedication, additional right of way on Pacheco Blvd. as required for the planned future half width of 50feet, Status: Complete. Agreement between Shell and the CCCPWD submitted to the CCCCDD on 8/14/95. Also see LUP#37. LUP #63 Convey to the County, by Offer of(Dedication, additional right of way on Shell Ave, along the frontage of the administration building project (Helena Ave. to the utility bridge)for the planned future hal,f`width o,f`3D feet. Status: Complete. See LUP #37. LUP #64 Convey to the County, by Offer of Dedication, additional right of way on Jefferson Street as required for the planned future width of 56 feet. Status: Complete. See LUP#37. L UP #65 Convey to the County, by Offer of Dedication, additional right of way and necessary slope easements on Helena Avenue for the planned future half width on the north side of 28 feet. Status: Complete. See LUP #37. LUP #66 Install street lights along Shell Avenue frontage between Helena and the utility bridge. Status: Complete. See LUP#37. LUP #67 Install additional safety street lighting along Pacheco frontage. Status: Complete. Agreement between Shell and the CCCPWD submitted to the CCCCDD on 8/14/95. Also see LUP#37. II-27 12/2/97 L LIP #68 Install additional safety street lighting along Marina nista, if deemed necessary by the City of.Martinez. Status: Complete. See LUP#37. LUP#69 Confirm that storm waters do not back up onto public or private property outside of the project boundaries. Status: Complete. Drainage release agreement submitted to the CCCCDD and the CCCPWD on 5/17/95. LUP 471.1 Prevent storm drainage, originating on the property and conveyed in a concentrated manner,from draining across sidewalks and driveways. Status: Complete. Storm water management plan for 1993-1994 rainy season was submitted to the RWQCB on 10/7/93. Storm water management plan for the 1994-1995 rainy season was submitted to the RWQCB on 9/26/94. A new storm water management plan was submitted to RWQCB 8/30/96. Virtually all(i.e. from.>99%of the area)of stormwater runoff from the Martinez Manufacturing Complex is discharged via storm pends or the Effluent Treatment Plant to the Carquinez Straits. These discharges are conducted in compliance with conditions specified in the NPDES Permit issued by the San Francisco Bay Regional Water Quality Control Board (RWQCB). Runoff from remaining areas consist of sheet flow from parking lots or backs of naturally vegetated hillside areas. There are no circumstances where any runoff from SMRC is concentrated or channeled in such a way as to cause flooding of any sidewalks or driveways. L STP #71 The use of an alternate flare system which would include a number of smaller flare "stems"as described in the "flare system alternative"of the final E7R is allowed upon approval on BAAQMD. Status: Complete. Approval for alternate flare system from the BAAQMD is included in the Authority to Construct Permit dated 12/29/93. 11-28 12/2/97 LUP#72 Submit a landscaping plan for the project viewed f om I-680 and Marina Vista.interchange;for area between the Light Crude Tank and residential area (f not relocated); and along.Marina Vista within City boundwy Status: Complete. Annual landscaping updates submitted to the CCCCDD on 10/26/95 and 12/17/96. Landscape plan for project site as viewed from I-680 was submitted on 3/23/94; approved by the County on 4/5/94. See Section II-A for more recent documentation. LUP #73 Complete a feasibility study for the use of reclaimed water for industrial use. Status: Complete. Reclaimed Fater Reuse Report prepared by Nalco Chemical indicating that the use of reclaimed water is not feasible was submitted to CCCCDD 4/5/96. LUP #74 Maintenance, warehouse, and control buildings shall not exceed 40 feet in height If applicant is responsible for the demolition of`the facilities located at the County Yard on Shell Avenue, then noise-generating construction activities must be limited to the hours of 8;DU am to 5:00 pm (Monday through Friday, no holidays) and noise sources must be located to maximize the distance to sensitive noise receptors. Status: Complete for Phase I. Building permits issued for structures are listed below. Drawings submitted to the County Building Department as part of the building permit application. See Section II-A for most recent documentation. Building Description Building Permit No. Date Issued. Clean Fuels Control Center 192775 4/21/94 Maintenance Building 194618 7/12/94 Operator Field Station#1 195595 8/23/94 Operator Field Station#2 195596 8/23/94 Operator Field Station#3 195597 8/23/94 HP-3 Control Center 195771 8/30/94 LHT-2 Control Center 196357 9/22/94 LUP #7.5 defend, indemnify, and hold harmless CC County Planning Agency from any claim, action, or proceeding against the Agency's approval 11.29 12/2/97 concerning the land use permit, which action is brought within the time period provided for in Section 66499.37 Status: Complete. LUP #78 Submit annual report to Director of Community Development on facility's compliance with the conditions of approval and Mitigation Monitoring Program. For each mitigation measure, identify compliance, standard used, times and dates of monitoring, and future action. Status: Compliance is continuing. Annual compliance reports were submitted on 10/28/94, 1`1/9/95,and 12/31/96. See Section II-A for more recent documentation. LMP #79 Within 18 months of the effective date of the land use permit,provide evidence that the facility's "Office Education Program"has been expanded Status: Complete. The Office Education Program has been expanded in the following ways: Increased the number of students from four to ten.. • Expanded recruiting within Alhambra High School. Mentoring Program developed for new incoming students. • Students sent to computer classes(depending on job assignment at Shell). Formal performance evaluation of students. Student participation in development and improvement of program. L UP #80 Prior to the start-up of any project unit,provide evidence that emergency manual has been updated to include the project units. Status: Complete The Emergency Manual was submitted to the CCCCDD on 5/11/95. Emergency response agreements between Shell and Air Products for HP-3 executed 5/34/95 and referenced in letter to CCCCDD 4/5/96. The Air Products Hazardous Materials Business Plan for ISP-3 was submitted to CCCI ISD 4/28/95. The cover letter from this submittal was forwarded to CCCCDD 2/28/96. 11-30 12/2/97 LUP #81 Prior to the start-up for each project element which manages hazardous materials, update the Hazardous Materials Business Plan.' Status: Complete for Phase 1. Hazardous Materials.Business Plan updated and submitted to the CCCCDD on 5/11/95, 9/29/95, 11/3/95, 11/20/95, 11/30/95, 6/12/96, 9/20/96,and 1117/96. See Section 11-A for more recent documentation. L IIP #83 Prior to the issuance of building permits for the office building or prior to the start-up of the project units, comply with the County Childcare Ordinance. Status: Complete Donations on 5/23/96 to Woodbridge Childcare facility and Contra Costa Child Care Council made to mitigate potential impacts of additional workforce and associated day care requirements due to the Clean Fuels Project. II-31 12/2/97 SECTION III. COMPLIANCE STATUS-NOVEMBER 1997 LAND USE PERMIT#2424-96 (SHELL MARTINEZ REFINING COMPANY CLEAN FUELS PROJECT,COKE TRUCK TRANSPORT) The following describes Shell's compliance status through October 31, 1997 with the Clean Fuels Project Land Use Permit(LUP), Cope Transport conditions of approval. The conditions are summarized and presented in italics and are followed by the compliance status LUP#1 Clean Fuels Project development shall be based on application for land use permit volumes I & 2, and project developmentloperation as further described in the final EIR and addendum. Status: Complete. Shell has reviewed the project for consistency with the land use permit and EIR. LUP 92 This permit(LP962024) applies only to cake from Shell's Clean.Fuels Project belayed Coker Unit, and in no way alters any conditions in the original Clean Fuels Project permit(LP922009) except as specified Status: Complete. Compliance with the original Clean Fuels Project permit is lcontinuing- see Section 11 for a complete summary. LUP 43 Construct temporary traffic signal at the Fairview(late to be operated during the construction period. Signal design shall be subject to the review of the City and review and approval of the Zoning Administrator. The signal may remain in place after construction as long as it is interconnected with other signals on Marina Vista and, if necessary, the street is restriped Status: Complete. Traffic signal plans submitted to the City of Martinez,Caltrans and the CCCPWD on 10/5/93. Approved by the Zoning Administrator on 5/10/94. Signal installed on 6/23/94. III-1 12/2/97 LUP 44 .Rebuild the pavement structural section of Marina Vista between the Fairview .date and the.Interstate.highway 680 northbound ramps, subject to the review of the City of Martinez and the review and approval of the Zoning Administrator. The traffic c index used to determine the pavement structural section shall include the truck traffic,tom the Shell Coke Project. Status: Complete. Shell and the CCCPWD have an agreement to have Shell pay the Public Works Department to perform engineering and construction for certain Land Use Permit Conditions(see Section II-B, condition#37). This condition,similar to LUP#58, is covered by this agreement. LUP #S Petroleum coke truck traffic from SMRC shall be restricted:during the afternoon commute hours, defined as 4.00 P.M. to 6:00 P.M, Monday through Friday. Coke trucks shall not use Marina Vista during this period. Status: Complete. Trucking contract addendum submitted to CCCCDD 12/3/96 lists restricted shipping hours. There have been two instances in which an empty coke truck arrived at Shell to pick up a load during a restricted time period. In each case,the truck was held onsite until the restricted period passed. LUP 46 Coke truck traffic shall use the Fairview Avenue entrance to SMRC. .Except when the alternate route must be used, trucks shall be restricted to left in and right out turns only. Submit to the Zoning Administrator for approval written evidence that these restrictions are included in transportation contracts. Status: Complete. Trucking contract addendum submitted to CCCCDD 12/3/96 limits coke trucks to using only the Fairview Gate via left in and right out turns. 111-2 12/2/97 LUP 47 Coke trucks shall utilize the technology presented by Sher in its October 29, 1996 letter to CC COS. Trucks shall be washed prior to leaving the coke handling facility. For the annual report(LUP #78), shell shall report the average and peak numbers of truck vehicles traveling per day, any accidents resulting in coke spillage at Shell or on public roads, and evidence that Marina Vista has remained free o,f`coke debris. Status: Compliance is continuing. Trucks are required by contract(submitted to CCCCDD 12/3/96)to employ the technology agreed to by Shell and CCCBUS. Trucks enter truck washing facility immediately after leaving coke loaning area. There were two accidents resulting in coke spillage(6/10/97 and 7/11/97). Both accidents involved a trailer on Highway 4 in the Contra Costa/San Joaquin county area. The trucking company, JBA Trucking,contracted Allwaste to clean tap the spills. There have been no reports of coke debris on Marina Vista. See Condition 10 for truck counts. LUP #8 At least twice per weep Shell shall sweep streets on the refinery site used by coke trucks to ensure that PMJO emissions due to coke truck transport shall not exceed 0.94 tpy. Status: Compliance in progress. Koch Carbon operates and maintains a dedicated street sweeper. All roadways used by the coke trucks on Shell property are swept on Sunday and 'Wednesday. The dust loading on the roads traveled by the coke trucks has been measured. PM10 emissions were calculated at 0.82 tpy and!a report was submitted to BAAQMD on 10/23/97. LUP 49 Coke trucks shall only travel on Marina Vista between the Fairview Gate and I-680. An alternate route such as.Marina Vista to Shell Avenue to Pacheco Boulevard may be used during emergencies or road closures. Status: Compliance in progress. During normal conditions, coke trucks travel on Marina Vista only between the Fairview Gate and 1-684. The alternate routes have not been used. III-3 1212197 LUP #16 Coke shipments front the Clean Fuels Project shall not exceed either an annual average of 82 truck brads per day or a peak of 100 trucks loads per day. Status: Compliance is continuing. During this review period,coke shipments have averaged 42 truck leads per day with a maximum of 73 truck loads on 5/10/97. L UP #11 Petroleum coke truck trafc from SMRC shall be restricted during the morning commute hours, defined as 5:45 A.M. to 7.45 A.M, Monday through Friday. Coke trucks shall not use Marina Vista nor the I- 680IHighway 4 interchange during this period. Status: Compliance is continuing. Trucking contract addendum (submitted to CCCCDD 12/3/96) lists restricted shipping hours. See Condition 5 for more details'-. 111-4 12/2197 Section IV Supporting Information P.O.Bax 711 Martinez,Califomia 94553.0071 M Tokptwm:(510)313-3W November 24, 1997 Federal Aviation Association Airspace and Procedures,AWP-530 P.U. Box 92007 WXPC Los Angeles,CA 90009 Reference. Aeronautical Study No. 93-AWP-417-UE Dear Sirs: Enclosed are 5 copies of FAA Form 7460-2, Part 2, Notice of Actual Construction for structures in our Clean Fuels Project that exceed 200 feet in height. The enclosed forms are for the following stivicttures: A. DCU Heater Stack B. DGU Drum Structure C. ©CH Piping/Column E.Cogeneration HSRG Stack 14827 F.Cogeneration HSRG Stack 14927 On August 3, 1994 we provided preliminary notification of constuction, FAA Form 7460-2,Part 1 for Structure G. BI Column. This stucture was not constucted. This letter serves as notice of abandonment of construction of Bt Column. If you have any questions, please contact T. J. (Tim)Tomko at(510)313-3306. Sincerely yours, R. LL.�Jaco nage Environmental Affairs enclosures LUP CflA#26 Shell submits monthly reports regarding ground level monitors to the BAAQMD, .Attention Dick Luber,AQ Meteorologist. The reports cover 4 H2S monitoring stations. Their locations are identified on the attached map. Table 1 lists the corresponding monitoring station number for the sites on the map. TABLE 1: HzS Monitoring Stations Monitor Station Name Monitor Station Number H2S #1 Shell Avenue 2341 H2S#2 Ace Hardware 2342 H2S #3 Mountain View 2343 H2S#4 Effluent Treating 2344 The Mountain View Monitoring Stations is nearest the main Clean Fuels Project site and is located in a prevailing downwind direction. The Shell Avenue Station is nearest the LHTw2 and SUR-4 and located between them. 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EXHIBIT D Community Dennis M.Barry,AICP Development Contra Community Development Director Department Costa County Administration Building County 651 Pine Street 4th Floor, North Wing Martinez,California 94553-0095 Phone:335-1221 June 8, 1998 Cathy Nowicki City of Martinez 525 Henrietta Street Martinez, CA 94553 Dear Cathy: RE: County File 4LP922009 On June 1, 1998 Paul Masta, Tim Tomko, and Ed Swieszcz from Shell Oil Company met with you, myself and Joe Enke to discuss the cost estimates for the work Shell is required to do in the City of Martinez. The cost estimate covered the improvements required by Conditions #36, 38, 51, 57, 58 and 59, which are all located on Marina Vista. The following was agreed to: I. The cost estimates were acceptable to all parties. It was acknowledged that Condition of Approval #58 was modified by the County Land Use Permit #2026-96, which changed the method of coke transport from rail to truck. When that land use perinit was approved, Condition #58 was modified to require the pavement structural section for Marina Vista to be increased to account for the additional truck traffic. The City will revise the structural section and their cost estimate accordingly. 2. It was agreed that the improvements for Condition of Approval #38 could be deferred until the time the improvements are needed. The City will prepare a Deferred Improvement Agreement for the improvements, which consist of railroad crossing anus at the Fairview gate. The Deferred Improvement Agreement will state that Shell will be responsible for constructing the railroad crossing anus so the cost estimate would be reduced by that amount, which was Office Hours Monday- Friday:8:00 a.m.-5:00 p.m. Office is closed the 1 st, 3rd&5th Fridays of each month ........... ............ 2 estimated to be $225,000. It was agreed, however, that the railroad tracks within the street section ofMarhia Vista will be upgraded similar to the crossing at Shell Avenue. The Deferred Improvement Agreement would also state that Shell cannot use rail transport for their coke product until the crossing arms are upgraded. The Agreement would, however, allow rail transport during non- typical operations (e.g., operational emergency) for short periods of time. These occurances would not be repetitive, but only when there truly was a non-typical plant operation. 3. It was agreed that Shell would pay the City the required funding when the City needed to construct the various improvements. The timing of when the improvements would be needed would be at the discretion of the City. The City would accept a letter from Shell stating the payment arrangement. 4. Although not discussed at the meeting, there should be some provision for inflation of the cost estimate if the improvements are not done within a specified period of time (two-three years?). In other words, the cost estimates are prepared today at todays costs and it is reasonable to assume that those costs are only good for a certain period of time, after which the construction cost will increase. Attached is a copy of your Deferred Improvement Agreement form with my comments on it. This form is very different from the County form, which is only two pages, so you will want to carefully review my comments. If you have any questions please call me at 335-1221. Very truly yours, R. Mitch Avalon. Chief of Current Planning RMA/df/aa M2:defagrnunt.Itr enclosure cc: Paul Masta, Shell Oil Company Dean Eckerson Tim Tomko, Shell Oil Company Debra Sanderson Ed Swieszcz, Shell Oil Company Rich Lierly