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$: NOTICE OF PREPARATION · 2018-09-24 · SANMAT£0 COUNTY ) \ ) CONTRA COSTA COUNTY Attachment 1, page 2 .. ., . Notice of Preparation of a Draft EIR/Notice of Public Scoping Meeting$
NOTICE OF PREPARATION

THIS PAGE IS INTENTIONALLY LEFT BLANK.

STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor

CALIFORNIA STATE LANDS COMMISSION CURTIS L. FOSSUM, Executive Officer · 100 Howe Avenue, Suite 100-South

Sacramento, CA 95825-8202 - · (916) 574-1800- ·FAX (916) 574-1810

California Relay Service From TDD Phone 1-800-735-2929 from Voice Phone 1-800-735-2922

Contact Phone: .(916) 57 4-1890 Contact FAX: (916) 57 4-1885

NOTICE OF PREPARATION OF ------~.AFT ENVIRONMENTAL IMPACT REPORT AND

RECEIVED NOTICE OF PUBLIC SCOPING MEETING*

MAY 1 0 2012 SCH# Q.O I ~CJ~ ~30 CSLC Ref Files: EIR No. 760; PRC 3453.1; W30068.17

STATE CLEARING HOUSE

To:

Project Title:

Applicant:

Location:

May 10, 2012

Public Agencies and Interested Parties

Tesoro Amorco Marine Oil Terminal Lease Consideration. . ·(New-3o::~TeaYlease-loTesorcf Refirffnga-na l'illarl<eting companylo---·-·----"-·---· continue current operations of the Amerco Marine Oil Terminal.)

Tesoro Refining and Marketing Company (Tesoro) 150 Solano Way Martinez, CA 94553

On the Carquinez Strait, approximately one-half mile west of the Benicia-Martinez Bridge, in the city of Martinez, Contra Costa County, California (see Figures 1-2 in Attachment 1).

Project Description:

Tesoro Refining and Marketing Company (Applicant or Tesoro), a wholly owned subsidiary of Tesoro Petroleum Corporation, leases 16.6 acres of sovereign public land from the California State Lands Commission (CSLC) for the Tesoro Amerco Marine Oil Terminal (Amerco MOT) (PRC 3453.1 ). The Api:>licant is seeking approval from the CSLC for a new 30-year lease to continue current operations of the Amerco MOT, herein referred to as the "Project." The MOT exists (the Amerco MOT and its associated Golden Eagle Refinery have operated at their current locations since 1923 and 1913, respectively) and is currently operating, and no changes to the facilities or operations are proposed; however, issuance of a new 30-year lease will require the preparation of an Environmental Impact Report (EIR) because, among other potentially significant impacts, there ls an inherent risk of spills at any facility where petroleum product is routinely transferred over water.

A detailed Project description and information on the Project location and potential environmental effects of the proposed Project are presented in Attachment 1.

*This Notice is available on line at www.slc.ca.qov (under the "Information" tab and "CEQA Updates" link).

Notice of Preparation of a Draft EIR/Notice of Public Scoping Meeting May 10, 2012

PURPOSE OF PUBLIC SCOPING PROCESS

The CSLC will be the Lead Agency under the California Environmental Quality Act (CEQA) and will prepare an EIR for this proposed Project. The CSLC staff determined that an EIR will clearly be required for the Project and has not prepared an Initial Study as provided for in State CEQA Guidelines section 15063, subdivision (a).**·

The purpose of this Notice of Preparation/Notice of Public Scoping Meeting (NOP) is to obtain agency and the public's views as to·the scope and content of the environmental information and analysis, including the significant environmental issues, reasonable range of alternatives, and mitigation measures that should be included in the· EIR. Applicable agencies will need to use the EIR when considering related permits or other approvals for the Project. In addition, as provided for in State CEQA Guidelines section 15125, subdivision (a), the CSLC will use the existing physical environmental co,nditions . as they exist on the publication date of this NOP as the baseline setting by which the significance on impacts are determined.

HOW TO PROVIDE COMMENTS ON THIS NOP

Deadline for Written Comments

Written comments must be received or postmarked by June 11, 2012 (State CEQA Guidelines§ 15103 requires that responses to a NOP must be provided within 30 days). Please send your comments at the earliest possible date to:

Sarah Mangano, Staff Environmental Scientist California State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825 · FAX: (916) 574-1885 Email: [email protected]

If written comments are sent by e-mail, please write the following in the subject line of your email: Tesoro Amorco MOT NOP Comments.

s.coping Meeting

Pursuant to State CEQA Guidelines sections 15082 and 15083, the CSLC will also conduct a public scoping meeting with two separate sessions for the proposed Project to receive oral or written testimony at the times and place listed below.

DATE: May 31, 2012 (Thursday) TIME: Sessions begin at 2:00 p.m. and 6:00 p.m.

LOCATION: City of Martinez City Council Chambers 525 Henrietta Street Martinez, CA 94553

** The State "CEQA Guidelines" are found in California Code of Regulations, Title 14, section 15000 et seq.

2


The purpose of the scoping meeting is to receive public comment on the Project and ensure that all oral comments are recorded, typically by a court reporter, in a transcript for the public record. Each session of the scoping meeting will begin with a brief presentation describing the proposed Project. The session will end after all persons present who wish to provide oral comments have done so. If oral comments are still being taken 30 minutes before the scheduled start of the second session, CSLC staff may suspend the first session but will continue to take oral comments after the start of the second session. A three-minute oral comment limit may need to be imposed.

Important Notes to Commenters

1. You are encouraged to submit electronic copies of your written comments. If written comments are sent by e-mail, please send the comments to [email protected] and write the following in the subject line of your email: Tesoro Amorco MOT NOP Comments. If written comments are faxed, please also mail a copy to ensure that a clean copy is received by this office.

2. A sign language interpreter will be provided at the scoping meeting upon advance notification of need by a hard-of-hearing person. Such notification should be made as soon as possible prior to date of the scoping meeting. If you

--- neea-reaso-naolEf accommoaation to c:onauct ouS"H1ess-witnc-scc-staff ___________ --- -- - -conducting the scoping meeting for a disability as defined by the Federal Americans with Disabilities Act and the California Fair Employment and Housing Act, please contact Sarah Mangano at (916) 574-1889 in advance of the scoping meeting to arrange for such accommodation.

3. Before including your mailing or email address, telephone number, or other personal identifying information in your comment, you should be aware that your entire comment-including your personal identifying information-may become publicly available, including in the EIR and posted on the Internet. While you may ask the CSLC (prominently at the beginning of your submission) to withhold your personal identifying information from public review, the CSLC cannot guarantee that it will be able to do so. The CSLC will make available for inspection, in their entirety, all comments submitted by organizations, businesses, or individuals identifying themselves as representatives of organizations or businesses.

4. If you represent a public agency, please provide the name, email address, and telephone number for the contact person in your agency for this EIR.

CONTACT PERSON

If you have any questions or to request a copy of this Notice and Attachment, please contact Sarah Mangano, Staff Environmental Scientist, at the address listed above, by phone at (916) 574-1889, or by email at [email protected].

I

Signature: Date: s/¢d.._ 3


ATTACHMENT 1 PROJECT DESCRIPTION

TESORO AMORCO MARINE OIL TERMINAL LEASE CONSIDERATION

1. PROJECT DESCRIPTION AND LOCATION

The proposed Tesoro Amerco Marine Oil Terminal Lease Consideration Project (Project) involves Tesoro Refining and Marketing Company (Applicant or Tesoro), a wholly owned subsidiary of Tesoro Petroleum Corporation, entering into a new 30-year lease of State sovereign land with the California State Lands Commission (CSLC) to continue operating the Amerco .Marine Oil Terminal (MOT). The Amerco MOT is located on the Carquinez Strait, approximately one-half mile west of the Benicia-Martinez Bridge, in the city of Martinez, Contra Costa County. The vicinity and location of the Amerco MOT are shown in Figures 1 and 2. ·.

Tesoro also leases sovereign public land from the CSLC for the Tesoro Avon MOT, located approximately 2 miles to the east of the Amerco MOT (approximately 1.5 miles east of the Benicia-Martinez Bridge). The Avon MOT will also be considered for a new 30-year lease, under a separate but parallel environmental review that will require the preparation of a separate EIR.

The Project objective, as stated by the Applicant, is to maintain the operational viability of the adjacent Golden Eagle Refinery, located approximately one-half mile from the MOT, by ·continuing current Amerco MOT operations through which the refinery receives its petroleum crude oil products. The Project also involves periodic dredging activities to maintain approximately 48 feet depth below mean lower low water (MLLW). Tesoro currently has no plans to expand either the operations or the equipment on the Amerco wharf. Golden Eagle Refinery operations upland from the wharf, as well as Avon MOT operations, are separate from Amerco MOT operations, and are not part of the proposed Amerco lease. Refinery operations are not under the jurisdiction of the CSLC and are addressed only as they pertain to Amerco MOT operations or to alternatives to the proposed Project.

1.1 Lease History

On March 1, 1966, the CSLC authorized the issuance of a General Lease-Industrial Use to Tidewater Oil Company for the Golden Eagle MOT, with several amendments and assignments occurring through the years. In 2002, the CSLC assigned the lease to Ultramar, Inc. On May 17, 2002, Ultramar sold the Golden Eagle MOT to Tesoro, and the CSLC accepted a reassignment of the lease. Tesoro currently leases 16.6 acres of sovereign public land from the CSLC for what is now known as the Amerco MOT. The term of this lease (CSLC Lease PRC 3453.1) expired in 2008 and Tesoro is.presently in a holdover month-to-month tenancy.1 In the current application process, Tesoro has requested that the CSLC issue a new 30-year lease.

1 Holdover status means that the MOT is continuing to operate under the terms of its old lease while a decision on a new lease is pending.

Attachment 1, page 1

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0

-FIGURE 1. ProjectVicinity Map= Tesoro-Amorco Marine Oil Terminal

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FIGURE 2. Project Location Map - Tesoro Amorco Marine Oil Terminal, CSLC Lease Boundaries



1 ~2 Wharf Capcifcity and Configuration-

The Amorco MOT operates primarily as an import facility for petroleum crude oil products, which are subsequently piped to onshore tanks, but has the ability to import and export other petroleum products. The majority of product accepted at the Amorco MOT is used to produce various refined petroleum products at the Golden Eagle Refinery, which is then exported from the refinery through the Avon MOT. However, the Amorco MOT can operate as an export facility as well, as needed by Tesoro. In 2011, the Amorco MOT imported 22,634,330 barrels (bbls),2 and did not export any product. The Amorco MOT operates 24 hou·rs a day, 365 days per year.

The Amorco MOT is a single-berth facility constructed of marine timbers and concrete. The terminal accommodates one vessel at a time. Access to the Amorco MOT from shore is provided by a timber approach trestle. The terminal docking facility is approximately 1, 125 feet long by 140 feet wide. The terminal is currently authorized to accommodate vessels with displacements up to 190,000 dead weight tons (DWT).

The Amorco MOT mooring facilities consist of eight mooring dolphins. The dolphins· have multiple hooks, each with a capacity of 60 tons, to anchor a vessel's mooring lines

· ····· ·· · --rn'-tne-MoT-irrra-Ffola--iragainst-tner wliarf.-Tlie-upstream-·-affd-aownstream--MoT-'effds--accommodate hydraulic boom reels for deploying oil spill containment booms in the event of a spill. The timber structures and transfer manifold are protected by a firewater system that can be pressurized by either a land-based or MOT-based pump (or both). The access trestle supports pipelines that contain petroleum product, slop oil, and fire water. Product transfers are accomplished using two 10-inch-diameter hoses, remote control block valves, and associated steel pipelines to onshore tankage.

The docking face of the Amorco MOT is dredged periodically to maintain a depth of 48 feet below MLLW. Dredging is required because of the result of natural sediment buildup due to tidal influence and river, creek, and stream runoff.

1.3 Buildings, Personnel, and Communication Systems

Personnel at the Amorco MOT wharf facilitate and control the receipt of petroleum products through close communications between the marine vessel and the MOT. Prior to transfer, a wharf and· vessel visual inspection is done, a pre-transfer conference is held, and documentation is completed to ensure that a sound understanding exists among the parties involved. Two major buildings are located along the terminal face:

• a firewater pump house that contains a diesel pump system, an off-loading operations office located adjacent to the transfer manifold, communications tools, the operations panel for monitoring tank and pipeline valves used during transfer and remote pipe valve operations, and a wind and current monitoring panel; and

• a personnel building, located on the trestle, that contains a redundant tank and pipeline monitoring panel, electrical and instrumentation panels, wind current

2 One barrel equals 42 gallons.



monitoring displays, spill response equipment, an air compressor, and employee lockers and lunch facilities.

1.4 Security

Security for the Amerco MOT is part of the Golden Eagle Refinery security program. The refinery is required to comply with State and Federal security regulations. This is accomplished by operating in compliance with the Facility Security Plan, current copies of which are kept onsite, which is reviewed and approved by Federal and State agencies. Only authorized personnel or vehicles are allowed access to the wharf, accessible through the security gate located at the entrances to both terminal facilities. Exterior lighting is provided at the wharf to allow night operations. The wharf cannot be accessed from adjacent public shore areas.

1.5 Other Facilities Adjacent to the Wharf

No other improvements or facilities lie within 100 feet upstream or downstream of the wharf. North of the Amerco MOT are the Carquinez Strait and Suisun Bay. South and east of the Amerco MOT are the Suisun Bay and Carquinez Strait shorelines and open space marshlands. Further south is the main processing area of the Tesoro Golden Eagle Refinery. A half-mile east of the Amerco MOT is 1-680 and the Benicia-Martinez Bridge, followed by the Plains All America MOT. Beyond that is the Avon MOT, located 2 miles east of the Amerco MOT and the U.S. Army Military Ocean Terminal Concord located 2.5 miles east of the Avon MOT. West of the Amerco MOT is the Shell Martinez MOT, Martinez Marina and the city of Martinez.

1.6 Spill Plan and Financial Responsibility Certificate

Tesoro's Golden Eagle Refinery's California Oil Spill Contingency Plan was most recently approved by the Office of Spill Prevention and Response (OSPR) in 2008; the approved plan expires on March 31, 2013.

The Golden Eagle Refinery contracts for spill response services; Tesoro's Oil Spill Response Plan lists its Oil Spill Response Operator (OSRO) as the contractor for onwater, onshore, and shallow water response. Current contractor equipment capacities in the Bay Area include 70 boats, 64,900 feet of boom, 20 skimmers, 80,615 bbls of storage capacity, and other miscellaneous equipment. The contractor is a private company providing response capability to vessel and terminal owners.

2. PERMITS AND PERMITTING AGENCIES

In addition to action by the CSLC as Lead Agency under the California Environmental Quality Act (CEQA), the CSLC's Marine Facilities Division (MFD) has regulatory responsibility for the Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS), which became effective on February 6, 2006, and are now codified in California Code of Regulations, Title 24, Part 2, California Building Code, Chapter 31 F -Marine Oil Terminals (Cal. Code Regs., tit. 24, § 3101, subd. F et seq.). These


·---- --·------·---·--··---------------

/

Notice of Preparation of a Draft EIR/Notice of Public Scoping Meeting -May 10, 2012

sta-ndards apply fo all existing ·-and m3w' MOTs in California-;·- and-include criteria--for inspection, structural analysis and design, mooring and berthing, geotechnical considerations (a seismic and structural assessment, based on current seismic criteria), and analysis and review of the fire, piping, mechanical, and electrical systems.

\

MOTE MS requires each MOT to conduct an _audit to determine the level of compliance and an evaluation of the continuing fitness-for-purpose of the facility. Depending on the results, operators (such as Tesoro) must then determine what actions are required, and provide MFD staff with a schedule for implementation of deficiency corrections and/or rehabilitation. As these future actions may include physical changes to the wharf and associated lease area, depending on the nature and extent of any such changes, additional discretionary review by the CSLC may be required. Such discretionary review may also trigger CEQA review of the future actions.

The proposed Project may also require permits and approvals from other reviewing authorities and regulatory agencies that may have oversight over aspects of the proposed Project activities, including but not limited to the following.

Local and Regional . ---- -- --- -------.---cit-yorK1rc3n:rnez____ _ ______________ , ___ , _____________________ -- ---------------- ----------------- --• Contra Costa County • Bay Area Air Quality Management District (BAAQMD) • San Francisco Bay Conservation and Development Commission (BCDC)

State • California Department of Fish and Game (CDFG) • California Coastal Commission (CCC) • San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) • State Water Resources Control Board (SWRCB) • State Fire Marshal

Federal • National Oceanic and Atmospheric Administration (NOAA) National Marine

Fisheries Service (NOAA Fisheries Service or NMFS) • U.S. Army Corps of Engineers (USAGE) • U.S. Coast Guard (USCG) • U.S. Fish and Wildlife Service (USFWS)

3. SCOPE OF THE ENVIRONMENTAL IMPACT REPORT (EIR)

Pursuant to State CEQA Guidelines section 15060, the CSLC staff conducted a preliminary review of the proposed Project. Based on the potential for significant impacts resulting from the _proposed Project, an EIR was deemed necessary. A preliminary listing of issues and alternatives to be discussed in the EIR is provided below. Additional issues and/or alternatives may be identified at the public scoping meeting, and in written comments, as part of the EIR process.



The CSLC uses the, following designations when examining the potential for impacts according to CEQA issue areas.

Significant and Any impact that could be significant, and for which no mitigation Unavoidable has been identified or implemented. If any potentially significant Impact impacts are identified and cannot be mitigated, a Statement of

Overriding Considerations is required should the proposed Project be approved.

Significant Impact Any impact that co.l.lld be significant, but which requires mitigation to reduce t,he impact to a less-than-significant level. Impacts in this category are otherwise considered potentially significant impacts, but ones for which mitigation measures have been designed and would be enforced in order to reduce said impacts to below applicable significance thresholds.

Less-Than- Any impact that would not be considered significant under Significant Impact CEQA relative to existing standards. No Impact There is no impact under CEQA and no mitigation would be

required. Beneficial Impact The Project would provide an improvement to an issue area in

comparison to the baseline information.

Impacts determined to be significant (''S") before mitigation would be either "SU" (significant and unavoidable) or "L TS" (less than significant) after the application of mitigation measures.

The estimations of impact levels used for this Notice of Preparation are based solely on preliminary documents and do not preclude findings of significance that would be made during the preparation of the EIR, including findings that could change the significance of an impact and how it would need to be addressed within the EIR.

3.1 Currently Identified Potential Environmental Effects

The following provides information on the currently identified issues that may have potentially significant environmental effects.

3.1.1 Operational Safety/Risk of Accidents

Certain aspects of the existing environment and structural integrity of the Amorco MOT may impact operational safety, or may influence impacts from an accident associated with the operation of the offshore portion of the Amorco MOT wharf, including the transportation of petroleum products to and from the offshore facilities. Additionally, exchange of petroleum cargoes at the MOT presents an inherent risk of accidents that may involve fire, explosions and/or spills. The EIR will address the potential adverse consequences-such as exposure to toxic and hazardous substances, fire, explosions or spills-in conjunction with continued use of the facility. The analyses will include:



-~1. A re\iieW of pastand present MOT vessel (including barges)· and operational characteristics including: throughput quantities and mix; vessel size, age and design; frequency of vessel visits; terminal and vessel personnel requirements; technological advances; terminal management practices; operational condition of the equipment on the vessel; and oil spill response capabilities;

2. Evaluation of alternatives for meeting future petroleum product transportation needs in the safest and most environmentally protective manner;

3. Analysis of existing and proposed Federal, State and local laws, regulations, plans and policies affecting MOT location and operations;

4. Determination of potential hazard/impact footprint of the MOT;

5. Assessment and evaluation of the safety of terminal operations, both human and technological, with particular consideration of the environment in which it operates; and

6. Assessment of the potential risk of terminal related accidents resulting in an oil spill or other damage to the environment and identification of feasible steps for eliminating or minimizing that risk.

3.1.2 Water Quality

The EIR will analyze the potential of impacts to water quality and to water column chemistry in the Carquinez Strait during Amerco MOT operations and from oil spills. The

_ significance of impacts will be considered in the context of whether Amorco MOT operations would likely result in pollutant levels above ambient water quality and sediment levels that would exceed SFBRWQCB or SWRCB water quality objectives. The potential for accidental discharge into surface waters as petroleum product flows between the refinery and the offshore terminal, and is transported to and from the Amorco MOT by marine vessels, will be examined. Oil- spills could result from mechanical failure, structural failure, human error, or geologic hazards. Such spills could potentially result in water quality impacts within inland marshes and to Carquinez Strait, Suisun Bay, San Francisco Bay, and Pacific Ocean. Potential impacts to the marine environment include increased water column turbidity and the introduction of toxic contaminants into the water column. The EIR will analyze the potential for impacts from such accidents on water quality.

3.1.3 Biological Resources

The area surrounding the Amorco MOT wharf contains diverse and rich assemblages of resident marine flora ahd fauna. Issues associated with the Amorco MOT lease include:

• Its potential adverse effects on the on- and offshore environments in the event of an accidental oil spill or subsequent clean-up .activities, as well as fisheries losses resulting from discharge, oil spills, vessel traffic, or conflicts with vessels;

• The potential for introduction of non-indigenous species into the surrounding marine environment; via ballast water discharge or hull fouling; and



• The potential for continued vessel traffic serving the terminal to, over time, cause deterioration of existing fish or wildlife habitats.

3.1.4 Air Quality and Greenhouse Gas (GHG) Emissions

Air emissions from the Amorco MOT are regulated by the BAAQMD. The environmental· analysis of the proposed Project will evaluate any emissions estimates above the current baseline conditions against applicable significance criteria and in accordance with the BAAQMD Guidelines and permits. The EIR will analyze:

• Sources of emissions that would be associated with the Project, including maintenance dredging operations, construction activities, and the types and amounts of different pollutants that could be emitted, and their duration of impact;

• Potential increases in emissions from projected vessel traffic;

• Potential impacts associated with odor and toxic air contaminant emissions; and

• Potential for effects that would add to greenhouse gas emissions, which in turn could affect the California Air Resources Board's ability to meet the mandates of Assembly Bill (AB) 32 (California Global Warming Solutions Act).

3.1.5 Geological Resources I Structural Integrity Review

The Amorco MOT is located in proximity to, and could be susceptible to damage as a result of an earthquake on, several active faults. Extension of the life of the existing facility could result in oil spills due to seismically induced ground failure or other geologic hazards, such as corrosion or excessive coastal erosion. Remediation of such spills would, in turn, potentially cause water quality impacts to San Pablo Bay, Carquinez Strait and San Francisco Bay. The EIR will analyze these potential impacts.

3.1.6 Land Use and Recreation

The MOT is an existing facility, and therefore the proposed Project would not result in any conflicts with any existing land use designations. Recreational activities in the Project vicinity include hiking, bird watching, nature viewing, and near shoreline picnicking and park activities. Water uses on the Carquinez Strait and Suisun Bay include recreational boat users and sport fishermen, and recreational marinas such as the Martinez Marina, Benicia Marina and Pier, and Glen Cove Marina. Continued use of the Amorco MOT may have effects on existing and plelnned land uses in the area, including existing and potential shoreline and water-related recreational use. These potential impacts will be analyzed in the EIR.

3.1.7 Cultural Resources

State CEQA Guidelines section 15064.5 defines "historical resources" as follows:

• A resource listed in or determined to be eligible for listing in the California Register of Historical Resources;



• A resource inCluded ih a local register of historical resources; or

• Any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.

Generally, a resource shall be considered by the lead agency to be "historically or archaeologically significant" if the resource has integrity and meets one or more of the criteria for listing on the California Register of Historical Resources:

1. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage;

2. Is associated with the lives of persons important in our past;

3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of ,an important creative individual; or possesses high artistic values; or ·

4. Has yielded, or may be likely to yield, information important in prehistory or history.

Any cultural resource listed in the National Register of Historic Places is automatically listed in the California Register of Historical Resources. CSLC staff does not anticipate that submerged cultural resources such as shipwrecks would be affected by the Project; however the EIR will describe any nearby resources and evaluate the Project's potential disturbance of those resources. Documented significant resources would be avoided or mitigated in compliance with existing laws and regulations.

3.1.8 Commercial and Sport Fisheries

The MOT is an existing facility with an existing level of operations and vessel traffic will not be increasing. Ongoing operations will not cause any new impacts to commercial and sport fisheries. However, the inherent risk of an oil spill and the risk of introducing non-indigenous species via ballast water or other vessel vectors do create potential impacts to commercial and sport fishing. Issues associated with the Amorco MOT lease include:

• Its potential adverse effects on the on- and offshore environments in the event of an accidental oil spill or subsequent clean-up activities, as well as fisheries losses resulting from discharge, oil spills, vessel traffic, or conflicts with vessels; and

• The potential for introduction of non-indigenous species into the surrounding marine environment; via ballast water discharge or hull fouling.

3.2 Issue Areas Determined to Have No Significant Impacts

Based on a preliminary review, the proposed Project would have a less than significant impact or no impact on the following environmental issue areas:



Issue Area Impact Determination Aesthetics The MOT is an existing facility in an industrial zone and will not

degrade the existing visual character of the site and its surroundings. It will not create a new source of substantial light or glare.

Agricultural Resources There are no agricultural. resources within the Project area. Mineral Resources There are no mineral resources within the Project area. Noise The MOT is an existing facility in an industrial zone that is not

exceeding any noise ordinances and will not cause any increases to ambient noise in the Project vicinity.

Population and The MOT is an existing facility that will not induce population Housing growth in the area. ;

Public Services The MOT is an existing facility that is not impacting any public services.

Transportation and The MOT is an existing facility that will not impact current Tr~ffic transportation or traffic patterns. Utilities and Service The MOT is an existing facility that will not change its current Systems use of utilities and service systems. Visual Resources/ The MOT is an existing facility in an industrial zone that is not Light and Glare causing a visual disturbance or exceeding any light and glare

ordinances and will not cause any increases to visual resources in the Project vicinity.

3.3 SPECIAL IMPACT AREAS

3.3.1 Cumulative Impacts

The CEQA requires an examination of the potential for a project to have cumulative impacts when considered in conjunction with other projects proposed and/or approved within a region. The cumulative projects study area for this Project is defined as proposed and approved projects in Contra Costa County. The EIR will discuss the cumulative impacts of the proposed Project, in conjunction with other MOTs operating in the area, foreseeable projects in the general vicinity, and other vessels in transit since accidental spills/releases of oil in the area could occur. In accordance with CEQA Guidelines section 15130, subdivision (b), the cumulative impact discussion will reflect the severity of the impacts and their likelihood of occurrence.

3;3.2 Growth-Inducing Impacts

The CEQA requires a discussion of the ways in which a proposed project could be an inducement to growth. The State CEQA Guidelines (§ 15126.2, subd. (d)) identify a project to be growth-inducing if it fosters or removes obstacles to economic or population growth, provides new employment, extends access or services, taxes



existing services, or causes de\!elopment elsewhere. TheEIRwill contain a-discussion of potential growth-inducing impacts of the proposed Project.

3.3.3 Environmental Justice

The CSLC adopted an Environmental Justice Policy in 2002 "to ensure that Environmental Justice is an essential consideration in the Commission's processes, decisions and programs and that all people who live in California have a meaningful way to participate in these activities." This policy is implemented, in part, through identification of, and communication with, relevant populations that could be adversely and disproportionately impacted by CSLC projects or programs, and by ensuring that a range of reasonable alternatives is identified that would minimize or eliminate environmental impacts affecting such populations. The policy is on the CSLC's website at www.slc.ca.gov/Policy Statements/Environmental Justice Home Page.html.

The Environmental Justice section of the EIR will make a determination of the consistency of the proposed Project with the CSLC's. Environmental Justice Policy, and analyze the distributional patterns of high-minority and low-income populations on a regional basis. The consistency analysis will focus on whether the proposed Project

·· ······ ~ -·wou1a· haveth-e ·i:rotential-to--afferctare-a(stofhigh~rrrinority-pnp ulation(stand··1ow..;income· communities disproportionately.

3.4 ALTERNATIVES

3.4.1 Preliminary List of Alternatives to be Addressed in the EIR

In accordance with the State CEQA Guidelines (§ 15126.6), an EIR must "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." The State CEQA Guidelines also require the evaluation of a No Project Alternative and, under specific circumstances, the designation of an environmentally superior alternative from among the remaining alternatives.

The development of this portion of the EIR will use an alternative screening analysis which will: evaluate a reasonable range of alternatives; provide the basis for selecting alternatives that are feasible; reduce significant impacts associated with the proposed· Project; and provide a detailed explanation of why any alternatives were rejected from further analysis. The alternatives analysis may identify, in addition to the No Project Alternative, one or more of the following for further development. Additional alternatives may be included depending on information received during the public scoping and as a result of the environmental analysis.



3.4~2 Alternative 1 - Terminal Operations Consolidation

Under this alternative, the impacts of construction of a large single terminal in a central area to consolidate and serve several or the majority of the Bay Area petroleum crude and product users would be evaluated.

3.4.3 Alternative 2 - Full Throughput Alternative

Impacts associated with transporting petroleum products to the Tesoro Golden Eagle Refinery through pipelines via other Bay Area MOTs in order to meet regional refining demands would be evaluated. This alternative assumes that with no Tesoro Amerco MOT wharf to receive crude oil or transport product, pipelines would be used via connection to other Bay Area terminals to provide daily throughput capacity to the refinery.

3.4.4 No Project Alternative

Under the No Project Alternative, Tesoro's Amerco MOT lease would not be renewed, and the existing MOT would be decommissioned with its components abandoned in place or removed. The methods by which the MOT would be removed or abandoned would be the subject of a separate application to the CSLC and subject to appropriate environmental review. Crude and finished petroleum product would be transported via existing onshore pipelines and through other Bay Area MOTs.


MAILING LIST

First Name Last Name Courtesy Title

Company Address 1 City State Postal Code Department Address 2

Nadell Gayou Mr. Resources Agency 901 P Street Sacramento CA 95813 2nd Floor Suzi Betzler Mr. CA Dept. of Boating and Waterways 2000 Evergreen Street Sacramento CA 95815-3888 Suite 100

Elizabeth Fuchs Ms. California Coastal Commission 45 Fremont Street San Francisco CA 94105-2219 Suite 2000Brenda Buxton Attn: California Coastal Conservancy 1330 Broadway Oakland CA 94612-2100 11th Floor

Roseanne Taylor Ms. Dept. of Conservation 801 K Street Sacramento CA 95814 MS-24-02 Scott Flint Mr. CA Dept.Fish & Game 1416 Ninth Street Sacramento CA 95814 Environmental Services 13th Floor Noah Tilghman Mr. Department of Parks and Recreation P.O. Box 942896 Sacramento CA 94296-0001

Steve McAdam Mr. San Francisco Bay Conservation and Development Commission 50 California Street San Francisco CA 94102 Suite 2600

Tim Sable Mr. Caltrans District 4 P.O. Box 23660 Oakland CA 94623-0660Ron Helgeson Mr. Caltrans-Planning MS32 P.O. Box 942874 Sacramento CA 94274-0001

Bruce Wolf Mr. SF Regional Water Quality Control Board 1515 Clay Street Oakland CA 94612 Suite 1400

Royer Johnson Mr. California Energy Commission Environmental Office 1516 Ninth Street Sacramento CA 95814 MS-40

Debbie Treadway Ms. Native American Heritage Commission 915 Capitol Mall Sacramento CA 95814 Room 364 Robert Floerke Mr. CA Department of Fish & Game, Dist 3 P.O. Box 47 Yountville CA 94599

Christine Sproul Ms. Dept. of Justice, Office of the Attorney General1300 I Street

Sacramento CA 94244-2551P.O. Box 944255

Linda Scourtis Ms. San Francisco Bay Conservation and Development Commission 50 California Street San Francisco CA 94111 Suite 2600

Suzanne Bourguignon Ms. Bay Area Air Quality Management District 939 Ellis Street San Francisco CA 94109

Nicolas Salcedo Mr. San Francisco Bay Conservation and Development Commission 50 California Street San Francisco CA 94111-4704 Suite 2600

John Beuttler Mr. California Sportfishing Protection Alliance 1360 Neilson Street Berkeley CA 94702Allison Dettmer Ms. California Coastal Commission 45 Fremont Street San Francisco CA 94105-2219 Suite 2000

Commanding Officer The USCG MSO (MEP) Coast Guard Island Alameda CA 94501-5100 Building 14

Chair Delta Protection Commission P.O. Box 530 Walnut Grove CA 95690Tom Yocum Mr. U.S. Environmental Protection Agency 75 Hawthorne St. San Francisco CA 94105Lisa Hammon Ms WCC Transportation AC One Alvarado Square San Pablo CA 94806

Stewart J. Grant Mr. Harbor Safety Comm, SF Bay Region,C/O Marine Exch of SF Bay Region Fort Mason Center San Francisco CA 94123-1380 Bldg B, Ste 325

W.F. “Zeke” Grader Mr Pacific Coast Federation of Fishermen’s Associations P.O. Box 29370 San Francisoc CA 94129-0370

Denise Tsuji Ms. CalEPA DTSC 700 Heinz Avenue Berkeley CA 94710-2721 Suite 200Patrick Rutten Mr. NOAA Marine Fisheries Service 777 Sonoma Avenue Santa Rosa CA 95404 Rm 325Craig S. Vassel Mr. U.S. ACE, Planning Branch, SF District 333 Market Street San Francisco CA 94105

Rick Morat Mr. U.S. Fish and Wildlife, Division of Ecological Services 3310 El Camino Avenue Sacramento CA 95821-6300 Suite 130

Jan Knight Ms. U.S. Fish and Wildlife Service 2800 Cottage Way Sacramento CA 95825-1846 Rm W-2606

Karl Malamud-Roam Mr. Contra Costa Mosquito and Vector Control

District 155 Mason Circle Concord CA 94520

Brian Wiese Mr Association of Bay Area Governments P.O. Box 2050 Oakland CA 94604-2050Kathleen Van Velsor Ms. Association of Bay Area Governments 101 8th Street Oakland CA 94607-4756

J:\Projects\CSLC - Tesoro Marine Oil Terminal Projects\Amorco Marine Terminal Project\Administrative Draft EIR\Appendices\Appendix A. Amorco NOP Mailing List

Gayle UilkemaThe

Honorable

Contra Costa County Board of Supervisors 651 Pine Street Martinez CA 94553Suite 108A

Richard Pearson Mr. Martinez Community Development Dept. 525 Henrietta St. Martinez CA 94553Dina Tasini Ms. City of Martinez Community Dept. 525 Henrietta Street Martinez CA 94553

Patrick Roch Mr. CCC Community Development Dept. 651 Pine Street Martinez CA 94553 4th Fl, North WingAdrienne Bloch Ms Communities for a Better Environment 1611 Telegraph Avenue Oakland CA 94612-2160 Suite 450Gordon Johnson Mr. Shell Oil Products US Environmental Affairs 3485 Pacheco Blvd. Martinez CA 94553-0071Richard Bruno Mr. Gordon, DeFragea, Watrous & Pezzaglia 611 Las Juntas Street Martinez CA 94553

Fred Botti Attn: CA Department of Fish & Game, Dist 3 P.O. Box 47 Yountville CA 94599

Tina Batt Ms. Muir Heritage Land Trust PO Box 2452 Martinez CA 94553Carey Corbaley Hon. City of Benicia 348 Military East Benicia CA 94510Myrna Hayes Ms. Save San Pablo Baylands 816 Branciforte St. Vallejo CA 94590

Barbara Kondylis Hon. Solano County 41 B Street Vallejo CA 94590Beth Bartke Ms. City of Hercules 111 Civic Drive Hercules CA 94547

Point Reyes – Farallon Islands National Marine Sanctuary GGNRA - Fort Mason San Francisco CA 94123

Lee Allen Mr. California Maritime Academy 200 Maritime Academy Drive Vallejo CA 94590Jerry A. Aspland Mr. California Maritime Academy P.O. Box 1392 Vallejo CA 94590-0644Pierre T. Bidou Mr. Benicia Marina 250 East 2nd Street Benicia CA 94510Michael Demetrios Mr. Marine World/Africa USA 1000 Marine World Parkway Vallejo CA 94589Anthony Intintoly Hon. City of Vallejo 555 Santa Clara Vallejo CA 94590Patricia Gloyd Ms. Greater Vallejo Recreation District 395 Amador Street Vallejo CA 94590

Donald Curran Mr. Pacific Crockett Energy, Inc. 550 Loring Avenue P.O. Box 111 Crockett CA 94525

Bud Getty Mr. Department of Parks and Recreation 20 East Spain Ct. Sonoma CA 95476Jeff Grotte Mr. Planning Collaborative Pier 33 North San Francisco CA 94111Bob Keith Mr. Greater Vallejo Recreation District 121 Lois Lane Vallejo CA 94590

Hans Kreutzberg Mr. Office of Historic Preservation P.O. Box 942896 Sacramento CA 94296-0001Robin Leong Mr. Napa-Solano Audubon Society 336 Benson Avenue Vallejo CA 94590

Joseph Lyou Dr. California Environmental Rights Alliance P.O. Box 116 El Segundo CA 90245-0116George Miller Hon. Congressmember 3220 Blume Drive Richmond CA 94806 Suite #281

Ted Radke Mr. East Bay Regional Park District P.O. Box 5381 Oakland CA 94605

John Taylor Mr. Solano County Environmental Management Dept 601 Texas Street Fairfield CA 94533

Bob Twiss Mr. Center for Environmental Design Research 310 Wurster Hall Berkeley CA 94720Vallejo Convention & Visitors Bureau 495 Mare Island Way Vallejo CA 94590

William Tanner Mr. Exxon Company USA -State Government Public Affairs 3400 East Second Street Benicia CA 94510

Terry Segerberg Hon. City of Hercules 111 Civic Drive Hercules CA 94547Ron Wilson Mr. Crockett Recreation 35 Grand View Avenue Crockett CA 94525

City of Martinez 525 Henrietta Street Martinez CA 94553Al Zurawski Mr. Red and White Fleet Pier 41 San Francisco CA 94133-1087

Jan White, Phd Ms. International Wildlife Rehabilitation Council 4437 Central Place Suisun CA 94585Jeff Wilkes Mr. ConocoPhillips 1380 San Pablo Avenue Rodeo CA 94572-1299

Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez CA 94553

Central Contra Costa Sanitary District 5019 Imhoff Place Martinez CA 94553-4392


Maurice Shiu Mr. Contra Costa County Public Works 255 Glacier Drive Martinez CA 94553-4825Contra Costa Fire Protection District 2010 Geary Road Pleasant Hill CA 94523

Ultramar, Inc. 150 Solano Way Martinez CA 94553Rhone Poulenc North American Chemicals 100 Mococo Road Martinez CA 94553

Mike Alvarez Mr City of Benicia Parks and Recreation 250 East L. Street Benicia CA 94510John Wolthuis Mr C&H Sugar Company 830 Loring Avenue Crockett CA 94525

Louis Pascalli Mr Contra Costa Health Services HAZ/MAT Occupational Health 4333 Pacheco Blvd. Martinez CA 94553

Lucretia Edwards Ms Contra Costa Shoreline Parks Commission 237 Bishop Avenue Richmond CA 94801Save San Francisco Bay Association P.O. Box 925 Berkeley CA 94701

Baykeeper P.O. Box 29921 San Francisco CA 94129-0921Terry Young Mr Environmental Defense Fund 2606 Dwight Way Berkeley CA 94704

United Anglers 1360 Neilson Street Berkeley CA 94702Sierra Club, S. F. Bay Chapter 2530 San Pablo Avenue Berkeley CA 94702-2000 Suite I

John Patton Mr Oceanic Society, S. F. Bay Chapter Fort Mason Center San Francisco CA 94123 Building E

Jean Siri Ms Western Contra Costa County Conservation League 1015 Leneve Place El Cerrito CA 94805

Bay Institute of San Francisco 5080 Paradise Drive Tiburon CA 94920San Francisco Bar Pilots Association P.O. Box 26409 San Francisco CA 94126

Tom Torlakson Hon State Senate, District 7 2801 Concord Blvd. Concord CA 94519Warner Chabot Mr. Center for Marine Conservation 580 Market Street San Francisco CA 94104 Suite 550

Contra Costa Resource Conservation District 5552 Clayton Road Concord CA 94521Office of Historic

Preservation

Calif. Dept. of Parks and Recreation 1416 Ninth Street Sacramento CA 95814

13th Floor Dept. of Toxic Substances Control 400 P Street Sacramento CA 95814

Mike Tollstrup Mr. Air Resources Board, Industrial Projects PTSDAQTPB 1001 I Street Sacramento CA 95814

Mike Aceituno Mr. NOAA - NMFS Central Valley 650 Capitol Mall Sacramento CA 95814 Suite 6070

Andrew Barnsdale Mr. Public Utilities Commission 505 Van Ness Avenue San Francisco CA 94102David Tomasovic Mr. U.S. EPA CMD-2 75 Hawthorne St. San Francisco CA 94105Mark Merchant Mr. U.S. EPA 75 Hawthorne St. San Francisco CA 94106

Peggy Saika Ms. Asian Pacific Environmental Network 310 8th Street Oakland CA 94607 Suite 309Juliet Ellis Ms. Urban Habitat 436 14th Street Oakland CA 94612-2723 Suite 1205

Marina Ortega Ms. California Indians for Cultural and Environmental Protection Star Route Mesa Grande Santa Ysabel CA 92070

Amanda Werhane Ms. Environmental Justice Fund 310 Eighth Street Oakland CA 94607 Suite 309Rachel Peterson Ms. Urban Ecology 405 14th Street Oakland CA 94612 Suite 900

Bill Curtiss Mr. Earthjustice Legal Defense Fund 426 17th Street Oakland CA 94612-2820 5th FloorAlan Ramo Mr. Environmental Law and Justice Clinic 536 Mission Street San Francisco CA 94105

Arlene Wong Ms EJ Water Coalition c/o Pac. Inst. Environ. Studies 654 13th Street Oakland CA 94612

Environmental Defense 5655 College Avenue Oakland CA 94618 Suite 304Greenaction One Hallidie Plaza San Francisco CA 94102 Suite 760

Natural Resources Defense Council 71 Stevenson Street, #1825 San Francisco CA 94105Pacific Institute 654 13th Street Preservation Park Oakland CA 94612

Children’s Environmental Health Network 1604 Solano Avenue Berkeley CA 94707


Alice Bulos Ms. California Health Initiatives, Inc. 77 Dorchester Drive Daly City CA 94015

Amagda Perez Ms. California Rural Legal Assistance Foundation 2210 K Street Sacramento CA 95816 Suite 201Mike Howe Mr. East Bay Community Foundation 200 Frank H Ogawa Plaza Oakland CA 94612

Barbara Davis Ms. Friendship House Assoc. of American Indians, Inc. 80 Julian Avenue San Francisco CA 94103

Youn-Cha Shin Chey Mr. Korean Center, Inc. 1362 Post Street San Francisco CA 94109

Tom Limon Mr. Spanish Speaking Unity Council 1900 Fruitvale Ave Oakland CA 94601 Suite 2Anue

Kathryn Hall Ms. The Center for Comm. Health & Well-Being, Inc. 1900 T Street Sacramento CA 95814

Ashley Phillips Ms. United Indian Nations 1320 Webster Street Oakland CA 94612Walter Eckhoff Mr. Plains Products Terminals, LLC 2801 Waterfront Road Martinez CA 94553 Chad Edinger Mr. Shore Terminals, LLC 2368 Maritime Drive, Suite 275 Elk Grove CA 95758


COMMENT LETTERS RECEIVED

State of California Department of Fish and Game

Memorandum

Date: June 11, 2012

To: Ms. Sarah Mongano California State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825

~!Pd;__ From: Scott Wilson, Acting Regional Manager

Department of Fish and Game - Bay Delta Region, 7329 Silverado Trail, Napa, California 94558

Subject: Tesoro Amerco Marine Oil Terminal Lease Consideration, Notice of Preparation of a Draft Environmental Impact Report, SCH #2012052030, City of Martinez, Contra Costa County

The Department of Fish and Game (DFG) has reviewed the Notice of Preparation (NOP) of a draft Environmental Impact Report (EIR) provided for the subject project. DFG is providing comments on the NOP as a Trustee Agency and Responsible Agency. As Trustee for the State's fish and wildlife resources, DFG has jurisdiction over the conservation, protection and management of the fish, wildlife, native plants, arid the habitat necessary for biologically sustainable populations of such species for the benefit and use by the people of California. DFG is also considered a Responsible Agency if a project requires discretionary approval, such as a California Endangered Species Act (CESA) Permit or a Lake and Streambed Alteration Agreement (LSAA).

Tesoro Refining and Marketing Company (Tesoro) is proposing to obtain a 30-year lease from the California State Lands Commission to continue current operations of their Marine Oil Terminal in the City of Martinez, Contra Costa County.

The NOP states that "The Project also involves periodic dredging activities to maintain approximately 48 feet depth below mean lower low water." Please be advised that a CESA Permit must be obtained if the project has the potential to result in take of species of plants or animals listed under CESA. Issuance of a CESA Permit is subject to California Environmental Quality Act (CEQA) documentation. DFG, as a Responsible Agency under CEQA, will consider the CEQA document for the project. Therefore, the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the project will or has the potential to impact CESA listed species, early consultation is encouraged, as significant modification to the project and mitigation measures may be required in order to obtain a CESA Permit. To obtain information about the CESA permit process, please access our website at http://www.dfg.ca.gov/habcon/cesa/.

In the EIR, please provide a complete assessment (including but not limited to type, quantity and locations) of the habitats, flora and fauna within and adjacent to the project area, including endangered, threatened, and locally unique species and sensitive habitats. The assessment should include the reasonably foreseeable direct and indirect changes (temporary and permanent) that may occur with implementation of the project. Rare, threatened and endangered species to be addressed should include all those which meet the CEQA definition (see CEQA Guidelines, Section 15380).

Ms. Sarah Mangano 2 June11,2012

The EIR should address water quality issues associated with the long-term operation of the Tesoro Marine Oil Terminal , including potential impacts on aquatic species, their habitats, and plants along the shoreline from oil spills. The NOP indicates that Tesoro's Oil Spill Contingency Plan with the Office of Spill Prevention and Response (OSPR) will expire in 2013. We recommend that Tesoro contact OSPR to coordinate the approval of a new Oil Spill Contingency Plan when the current plan expires.

If you have any questions, please contact Ms. Crystal Spurr, Senior Environmental Scientist, at (209) 948-3777; or Mr. Jim Starr, Environmental Program Manager, at (209) 941-1944.

cc: State Clearinghouse

Sarah Mangano California State Lands Commission 100 Howe A venue, Suite 100-South Sacramento, CA 94825-8202

Making San Francisco Bay Better

June 7, 2012

SUBJECT: Notice of Preparation of Draft Environmental Impact Report for Tesoro Amorco Marine Oil Terminal Lease Consideration BCDC Inquiry File CC.MZ.7134.2; SCH# 2012052030;

Dear Ms. Mangano:

Thank you for the opportunity to comment on the Notice of Preparation of a Draft Environmental Impact Report (BIR) for the Tesoro Amorco Marine Oil Terminal Lease Consideration (NOP). Although the San Francisco Bay Conservation and Development Commission (Commission or BCDC) has not reviewed the document, the following are staff comments based on our review of the NOP in the context of the Commission's authority under the McAteerPetris Act (California Government Code Sections 66600 et seq.), the federal Coastal Zone Management Act (CZMA), and the provisions of the Commission's San Francisco Bay Plan (Bay Plan).

Jurisdiction. The Commission exercises permitting authority over San Francisco Bay to the line of mean high tide, including all sloughs, and marshlands lying between mean high tide and five feet above mean sea level. The Commission also has jurisdiction within a·shoreline band between the edge of the Bay and a line 100 feet landward.and parallel to the shoreline. Any person or government agency wishing to place fill, extract materials, or make any substantial change in use to any land, water or structure within the Commission's jurisdiction must first secure a permit from the Commission. The Commission is able to issue a permit if the proposed project is consistent with the McAteer-Petris Act and the provisions of the San Francisco Bay Plan (Bay Plan). ·

The Commission also designates certain shoreline areas for uses that must be located on the waterfront, such as ports and water-related industry (which includes the shipment of crude oil

.. and related products vl.a tanker or barge), to avoid potential filling of the Bay to accommodate water-related uses where the waterfront has been developed for uses that do not require a shoreline location. The MOT is located in a water-related industry priority use area, as shown · on Bay Plan Map 2, Carquinez Strait.

The BIR should contain a discussion of the Commission's jurisdiction as it applies to the MOT. The wharf and dolphins are, of course, fully subject to our Bay authority. The BIR should include clear illustrations of the location of the shore side facility in relation to the Commission's 100-foot shoreline band inland boundary. Additionally, for your information, because the Amorco Terminal is designated a water-related industry priority use area, in the event any work may be proposed in the future requiring a federal permit, or federal funding is provided a project at the MOT, the Commission has the authority to determine whether the activity is consistent with its law and policies.

State of California • SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION • Edmund G. Brown Jr., Governor 50 California Street, Suite 2600 • San Francisco, California 94111 • (415) 352-3600 • Fax: (415) 352-3606 • [email protected] • www.bcdc.ca.gov

---------~-----~ -·-------·-----· ------- "-----

I.

I I

Ms. Sarah Mongano June 7, 2012 Page2

Please correctly identify BCDC as a State agency and the coastal zone management authority for areas east of the Golden Gate (a line drawn between Point Lobos in San Francisco and Point Bonita in Marin), to the Sacramento River (a line between Stake Point and Simn:i.ons Point, extended northeasterly to the mouth of Marshall Cut in Solano County). The California Coastal Commission exercises its authority over the near-shore waters and shoreline of the Pacific Ocean beyond the Golden Gate. This project therefore falls within BCDC' s jurisdiction.

Dredging. The NOP states that the depth of the docking face at the MOT is periodically dredged to maintain a depth of 48 feet below MLLW. Please discuss in the EIR how dredging and disposal activities would be conducted to minimize adverse impacts to Bay resources, such as water quality; adherence to seasonal restrictions-environmental work windows-designed to protect sensitive fish species; and limiting in-Bay disposal of dredged material ideally · through its through its beneficial reuse. The Commission's dredging policies are published in the Bay Plan, available on our website.

Oil Spill. According to the NOP, the EIR will discuss operational safety as it relates to preventing oil spills at the MOT, possible adverse effects to the environment if such a spill were to occur, and will identify feasible steps to eliminate or mitigate the risk. Oil spill contingency plans and appropriate, strategically located spill response equipment are important parts of effective oil spill response strategies for San Francisco Bay. The NOP refers to the facility's approved contingency plan and to reels located at either end of the MOT designed for emergency deployment of containment boom in the event of a spill.

In its role under the Lem pert-Keene-Seastrand Oil Spill Prevention and Response Act, BCDC works with industry and other agencies (including the State Office of Spill Prevention and Response and the U.S. Coast Guard), to prevent maritime accidents that could lead to spills in San Francisco Bay; maintain a regional plan to protect sensitive habitats from the effects of a spill; and in the event of a spill, assist by consulting on the need for and issuing emergency permits for certain response activities. We therefore look forward to the EIR discussion of the analyses on topics related to the risk of oil spill associated with the lease renewal.

MOTEMS. The NOP states that the terminal operator has no plans to expand operations or equipment at the MOT at this tjme, but references the possible future need for actions to meet requirements of the CSLC Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS). Any work that may occur with the Commission's jurisdiction would, as stated in the NOP, also require a permit from BCDC.

· ··. ·. · Public Access. Any work done within the Commission's shoreline band jurisdiction is . required to provide maximum feasible public access, consistent with the proposed project. If onsite access is not feasible, in lieu access at an appropriate location should be considered. The EIR should recognize this important element as it may apply to a development proposal.

In preparing the EIR, please refer to www.bcdc.ca.gov for specific language of our law and polices. Should you have any questions related to these comments, please do not hesitate to contact me at 415.352-3644 or [email protected]. Thank you again for the opportunity to review the NOP ..

cc: Katle Shulte Joung, State Clearinghouse

---------------·--

Sincerely,

~'~~ LINDA SCOURTIS Coastal Planner

Mangano, Sarah@SLC

From: Sent:

Awan, Afifa@SLC on behalf of CEQAComments@SLC Monday, May 21, 2012 2:51 PM

To: Mangano, Sarah@SLC Subject: FW: Tesoro Amorco MOT NOP comments

From: Shane McAffee [mailto:[email protected]] Sent: Tuesday, May 15, 2012 3:18 PM To: CEQAComments@SLC

. Subject: Tesoro Amorco MOT NOP comments.

Sarah Mangano, Staff Environmental Scientist

California State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825

The Greater Vallejo Recreation District supports the renewal of the lease for 30 years to Tesoro Refining and Marketing

Company for the operations of the Amorco Marine Oil Terminal.

Shane McAffee, General Manager Greater Vallejo Recreation District

1

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