The URL can be used to link to this page

Home My WebLink About05. Authorize encroachment permit to Kinder Morgan for monitoring wells in Walnut Creek Page 1 of 8 Item 5. Algi CENTRAL SAN BOARD OF DIRECTORS WE VS.101 M POSITION PAPER MEETING DATE: FEBRUARY4, 2021 SUBJECT: ADOPT RESOLUTION NO. 2021-009 AUTHORIZING EXECUTION OF AN ENCROACHMENT PERMIT TO KI NDER MORGAN I N WALNUT CREEK FOR THE INSTALLATION OF MONITORING WELLS SUBMITTED BY: INITIATING DEPARTMENT: DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES - PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE A resolution of the Board of Directors is requested since a long-term encroachment permit is needed for the monitoring wells. BACKGROUND Kinder Morgan, Inc., owns and operates an oil pipeline that runs adjacent to Central San's 66" sewer interceptor along the Iron Horse Corridor and Flood Control Channel in downtown Walnut Creek. On November 20, 2020, Kinder Morgan detected an irregularity with their pipeline in Walnut Creek. The line was shut down and filled with tracer gas and Kinder Morgan detected a small crack in the line along February 4, 2021 Regular Board Meeting Agenda Packet- Page 38 of 104 Page 2 of 8 South Broadway in Walnut Creek, which was reported, repaired, and placed back into service by November 26, 2020. On December 2, 2020, Kinder Morgan reported an unknown vapor on an adjacent storm channel that intersects with the Walnut Creek channel. Two days later, gasoline began to surface through cracks in the channel floor and Kinder Morgan shut down the pipeline and conducted a leak investigation but did not identify any additional leaks in pipeline and returned the line to service on December 9, 2020. However, petroleum continued to discharge into the San Ramon Flood Control Channel directly above its confluence with Walnut Creek, approximately 1 mile downstream of the pipeline leak identified from initial incident. The United States Environmental Protection Agency(EPA) required additional mitigation efforts to prevent further discharges of petroleum into the San Ramon Flood Control Channel and Walnut Creek since the discharge, and the substantial threat of a discharge from the pipe, poses a substantial threat to public and environmental health. Work required by the EPA includes installation of long-term monitoring wells. The placement of approximately 10 wells is proposed within the 15' easement along Central San's 66" sewer interceptor. On January 25, 2021, Central San issued a Special Inspection Permit that requires Kinder Morgan's subcontractor, Arcadis, to positively locate the 66" interceptor by vacuum potholing prior to drilling the monitoring wells. This permit requirement was made to mitigate the significant public and environmental health impact that would result in damaging the 66" interceptor inadvertently.Arcadis was also required to provide an insurance certificate with Central San named as an additional insured, which was received January 13, 2021, and verified by Risk Management. The Special Inspection Permit includes permit conditions such as scheduling inspections with the Development Services' Inspection group and executing an Encroachment Permit for the long-term duration of the monitoring wells within Central San's easement. While encroachment permits are not typically brought to the Board of Directors for authorization, this is a non-standard and long-term encroachment with potentially significant public and environmental health impacts from the initial incidents and, therefore, is being brought to the Board of Directors for authorization. ALT ERNAT IVES/CONSIDERAT IONS Require Kinder Morgan to promptly remove the monitoring wells from the easement within Flood Control District property. This alternative is not recommended since the monitoring wells are required by an enforcement action by the EPA in response to a leak from an oil pipeline owned by Kinder Morgan in Walnut Creek. The monitoring wells are necessary to mitigate potential environmental and public health issues resulting from the leak. FINANCIAL IMPACTS A development-related fee was paid, as set by District Ordinance No. 310. COMMITTEE RECOMMENDATION This item was not reviewed by a Board Committee in order to expedite issuance of the encroachment permit. February 4, 2021 Regular Board Meeting Agenda Packet- Page 39 of 104 Page 3 of 8 RECOMMENDED BOARD ACTION Adopt the proposed resolution authorizing execution of an encroachment permit to Kinder Morgan for monitoring wells in Walnut Creek. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service GOAL FIVE:Infrastructure Reliability Strategy 3—Protect personnel and assets from threats and emergencies GOAL SEVEN:Agility andAdaptability Strategy 2—Plan ahead for scenarios of direct adverse impacts ATTACHMENTS: 1. Proposed Resolution 2. Map of Proposed Well Locations February 4, 2021 Regular Board Meeting Agenda Packet- Page 40 of 104 Page 4 of 8 ATTACHMENT 1 RESOLUTION NO. 2021-009 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTING AN ENCROACHMENT PERMIT WITH KINDER MORGAN IN WALNUT CREEK BE IT RESOLVED by the Board of Directors of Central Contra Costa Sanitary District (Central San) as follows: THAT Central San hereby authorized to execute an Encroachment Permit with Kinder Morgan for monitoring wells in Walnut Creek; and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said documents for and on behalf of Central San. PASSED AND ADOPTED this 4th day of February 2021, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District February 4, 2021 Regular Board Meeting Agenda Packet- Page 41 of 104 LEGEND Fig. 16 NOTES dd JN �� - � �, ' Fig.14 ��. � � � � �` ,• r�� - Page 5 of 8 Fig. 13 rte, )6 Fig. 11 "'!' .r- PA A- 3t .10 it ML r go —77 w ' a ` Ne,Nell pie PROPOSED WELL LOCATIONS ,1L •�! �`� r ski Fig.S +F� -• 1 'k-• '•• • IVA- • •- •- -•- • • LEGEND h 1x78430006 1x78290031 178290045 NOTES e a • S 178470146 1x78290043 178470304 1x78470162 178470178" �" 178470161 � Y 178262021 17847017841 ' 1784701x77 PROPOSED WELL LOCATIONS 178470302 1784'1,7847 a • LEGEND 11 Y 0 t 4*y � � s NOTES - . 411W r - 1 1 PROPOSED WELL LOCATIONS . 111 (MW-19) I 04ARCADIS 15 February 4, 2021 Regular Board Meeting Agenda Packet- Page 44 of 104 LEGEND ED NOTES t- , PROPOSED WELL LOCATIONS (CONFLUENCE AREA) 04ARCADIS 17 February 4, 2021 Regular Board Meeting Agenda Packet- Page 45 of 104