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HomeMy WebLinkAbout3.0 Staff Report BOCC 1.19.04Exhibits for the Zone District Regulation amendments for pipelines Public Hearing held on January 19,2004. Ar*D*@ - z()rA-z zcr at<,t( ,a2Lz/z z{lr* -onfuzg;i*;Zru*%% ,l-"u*J*-, nza"*- a4L4y,r4. Z*?'%-zrffi wL4r'L-LFv /- ---7V2-a--fZ.U -fu/- /'/l\ /7,.tzn-htzn/ <-, */,-nlz-'pJl,olt nn-)/^fiDh &"/r-r-l+ ,/ - t,rS BOCC llr9/04 MLB PROJECT INFORMATION AND STAFF COMMENTS REOUEST: APPLICANT: To amend or add Sections 2-02.431, 3.02.03, 3.07.03, 3.08.03, 5.03.15 and 9.03.01 of the Garfield CountY Zoning Resolution of 1978, as amended Board of County Commissioners PROPOSED AMENDMENT The Board of County Commissioners is proposing to amend the Zoning Resolution to clarify and create new regulations dealing with the permitting of pipelines. One of the issues that needs to be eptablished is the definition of a pipeline, which is proposed to be the following: 2irfftd^"'t-"^','1 0{L- t ,(/ c'odi,/ /2.02.431 plftine: Any pip,efhe and appurtenant facilities designe d for, or fapable ol-t.u^portingnaturalgas,etherpetroleumderivatives.orothe/liquid matter, t creetes-a:hooP+tressofia@n' Pipelines regulated, licensed or permitted under federal regulations as interstate transmission lines shall be exempt from regulation under this Chapter. In addition to defining a pipeline, the land use, "pipeline" needs to be added to Sections 3.02.03,3.07.03 and 3.08.03. These changes would add "pipeline" as a Special Use to the A/R/RD, CIL and CIG zone districts. Other changes to the regulations need to occur that deal with the performance standards and process timing contained in Sections 5.03.07 and 5.03.08.. Presently there are no specific standards for a pipeline in these sections, only the generic Special Use standards that apply to all industrial uses. A pipeline is not included as an industrial use in Section 5.03.07 of the Zoning Resolution, as a result a pipeline is not subject to meeting the industrial performance standards. Additional or new standards need to be developed specifically for pipelines that deal with the following issues: 1. County Roads : A1l road cut permits to be issued for a pipeline need to be identified and permits issued prior to the issuance of a Special Use permit. Any encroachments in public right-of-way shall be shown on the application and approved by the Board of County Commissioners. 2. Location : All surface use agreements with affected property owners will be included in the application, with a list of property ownership, including property without an agreement. The location of pipelines may be modified, where the companies do not have negotiated agreements with the landowners as to location and reclamation. 3. Site Specific Construction Practices. Identify the times of operation, construction methods to minimize environmental impacts, noise levels, approval of staging and storage areas and require traffic mitigation strategies. The County may impose conditions of approval related to these matters, including the limiting of days and hours of activity. 4. Water and Hydrostatic Testing. Documentation proving legal and adequate supply of water.for the hydrostatic testing of the lines. The point(s) of discharge and the water quality of the discharge. 5 Watershed and Ditch Crossing approvals. All ditches crossed by a pipeline shall be identified and approval from the ditch company included in the application. Any permits for watershed protection shall be approved prior to final approval of any Special Use permit. 6. Emergency Response: Include in any application an emergency response plan, which must be approved prior to final approval of any Special Use permit. Included in the emergency response plan will be wildfire mitigation plan. 7. Site Specific Reclamation. Included in the application will be a reclamation plan, to be reviewed and approved by the County Vegetation Management office consistent with County vegetation plan requirements. Present County regulations require an applicant to have all other local, state and federal permits in place at the time of application. The BLM has expressed a desire to parallel the County and Federal permitting processes, which would also help to expedite the overall permitting process. Sections 9.02.01and 9.03.01 (1) need to be modified to read as follows: Supporting information, plans, letters of approval from responsible agencies or other local, state and federal permit applications shall be submitted with the application and other information to satisff requirements listed Conditional Uses in the Supplementary Regulations. Prior to issuing the Conditional Use permit, copies of all other approved permits will be placed in the file MAJOR ISSUES AND CONCERNS A.Zoning:A pipeline allowed in the A/I and R/L-Lower Valley Floor zone districts as a Special Use and the R/L-Escarpment, Talus and Plateau zone districts as a Conditional Use. There are no other provisions for pipelines in any other zone district. The County has permitted pipelines as "material handling" facilities in the A/R/RD zone district. All Special Use permits for industrial uses have to meet the standards contained in Sections 5.03, 5.03.07 and 5.03.08. These sections read as follows: 5.03 CONDITIONAL AND SPECIAL USES As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following reqnirements : (l) Utilities adequate to provide water and sanitation serttice based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (2) Street improvements adequate to accommodate trffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in coniunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screenfences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 5.03.07 Industrial Operations : Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard access routes and utility lines, shall be permitted, provided: (l) The applicantfor a permitfor industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed rtse describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (l) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (A) Existing lawful use of water through depletion or pollution of surfoce run-off, streamflow or ground water; (B) Impacts on adjacent landfrom the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; (D) Affirmatively show the impacts of truck and automobile traffic to andfrom such uses and their impacts to areas in the County; (E) That sfficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); (F) Mitigation measures proposed for all of the foregoing impacts identified andfor the standards identified in Section 5.03.08 of this Resolution (2) Permits may be grantedfor those uses with provisions that provide adequate mitigation for the following : (A) A planfor site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shallfurnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the CounQ Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in worhnanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; (C) Impacts setforth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 9 3 -06 I ) Industrial Pedormance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or s.03.08 4 hazard. Operations shall be conducted in such a manner as to minimize heat, dttst, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord **ith the following standards; (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93-061) (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, withotfi instruments, at any point of any boundary line of the property on which the use is located; (j) Emissions of smoke and particulate matter: every ttse shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation andfumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanl<s, or other such operations which may be required by law as sdety or air pollution control measures shall be exemptedfrom this provision; (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:(A97-l l2) (A) Storage offlammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97- It2) (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (A97-1 12) (C) No materials or wastes shall be deposited upon a property in suchform or manner that they may be transferred off 5 the property by any reasonably foreseeable natural cal$es or forces; (A97-112) (D) Storage of Heavy Equipment will only be allowed subject to (A) and (c) above and thefollowing standards: (497- t 12) l. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. Att equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscuredfrom view at the same elevation or lower. Screening may include berming, landscaping, sight obscuringfencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage areafor uses not associated with natural resources, shall not exceed ten (10) acres in size. (A97-1 12) (F) Any lighting of storage area shall be pointed douwnward and inward to the property center and shaded to prevent direct re/lection on adjacent property (A97-l 12) (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or state Health officers must be met before operation of the facilities may begin. Rather than try and fold the proposed standards into the existing industrial performance standards, it is suggested that the following section be created: Pipelines: In addition to the requirements in Section 5.03, all pipelines shall be subject to the provisions of this zoning code and address the following: 5.03.15 6 (1) County Roads : All road cut permits to be issued for a ipeline need to be identified and permits rits issued prior to the irirrun." of a Special Use permit. Any encroachments in public right-of-way shall be shown on the application and approved by the Board of County Commissioners. (2) Location : All surface use agreements with affected property owners willbe included in the application, with a list of property ownership, including property without an agreement. The location of pipelines may be modified, where the companies do not have negotiated agreements with the landowners as to location and reclamation. (3) Site Specific Construction Practices. Identify the times of operation, construction methods to minimize environmental impacts, noise levels, approval of staging and storage areas and require traffic mitigation strategies. The county may impose conditions of approval related to these matters, including the limiting of days and hours of activity. (4)WaterandHydrostaticTesting.Documentationproving legal and adequate supply of water for the hydrostatic testing of the lines. The point(s) of discharge and the water quality of the discharge. 5) Watershed and Ditch Crossins approvals. All ditches crossed by a pipeline shall be identified and approval from the ditch company included in the application. Any permits for watershedprotection shall be approved prior to final approval of any Special Use Permit. 6. Emergency Response: Include in any application an emergency response plan, which must be approved prior to final approval of any special use permit. Included in the emergency response plan will be wildfire mitigation plan. 7. Site Specific Reclamation. Included in the application will be a reclamation plan, to be reviewed and approved by the County Vegetation Management office consistent with County vegetation plan requirements. Other Comments: (1) Doue Dennison. County Oil & Gas Auditor: Mr. Dennison is concemed that ihe proposed cutoff to require a land use permit of 10" for a pipeline will result in additional confusion regarding the necessity to obtain a land P' (2) use permit and create additional personnel demands to meet the increased work load that would result from the adoption of the proposed language. (See attached letter) dolorado Oil & Gas Association: COGA feels that the County "would be ill advised to proceed down the path of requiring some pipelines to obtain special or conditional review permits." They note the problems that Delta County has had as a result of trying to deny a permit, utilizing a "discritionary" authority. They believe the legitimate concerns of local citizens and local governments can, and are, being addressed by federal and state regulatory authorities. They feel that a notification and consultation process similar to a site plan review would be adequate In their opinion, local governments do not have the expertise to regulate pipelines and should not be involved in private negotiations regarding pipeline routes. (See attached comments) Specific comments about the proposed regulations are: Question the impact difference between a 400" of 10" line and 20 miles of 8" line. Defining a pipeline is difficult and they would suggest a "notification and consultation process." U.S. Department of Transportation's recent rule making will comprehensively address rural gathering lines integnty management. Section 5.03, 5.03.07 and 5.03.08 are generally inapplicable to pipelines. froposed Section 5.05.15 requirement for road cut permits as a part of anypermit is unacceptable; location negotiation is unacceptable; hours of construction activity is a problem; hydrostatic testing concerns intrude on industry and federal/state safety regulations; watershed permit should not be a requirement of permit; support submitting emergency response plan but not as permit requirement; and reclamation is covered by COGCC. Gas Industrlu Representatives; At the Planning Commission meeting in December, a number of representatives of the gas industry working in the County, expressed concerns about the regulation being premature, given the CCI/COGA/COGCC discussions regarding State rule changes. Draft rule changes are tentatively sheduled for consideration by the COGCC during their March 2004 hearing. (Attached is a memo and the draft language) Additional comments were provided noting (See attached): a. The regulations should apply to all pipelines. b. Smaller pipelines represent the same risk. c. Objecting to the County's involvement in the route selection. d. Limiting the time of construction activities increases duration of the impact. e. Giving ditch companies say over the construction of a pipeline is a concern. a. b. c. d. (3) 8 f.There is a need for clarification regarding the applicability of emergency response requirements. object to vegetation Management approval being a requirement, although they support inPut. Overall, they feei the process should be administrative, not a Special Use Permit. Encana Gathering Services (USA) Inc. - Encana supports the comments made by Doug Dennison and COGA. They have concems about the definition, particularly, the 10" requirement. They have identified a number of other concerns about the proposed language. (See attached letter) ob' h. (4) C.Staff Comments: As mentioned previously, representatives from the BLM Gve contacted staff regarding their interest in a parallel permitting process that would incorporate their Environmental Assessment process with the County's Special Use Permit process. It would allow an applicant to meet the permit requirements of the County and other agencies in a condensed timeframe. The length of time to permit a pipeline through the County's process has been an issu1. The suggested changes to Sections 9.02.01 and 9.03.01 would allow for the parallel permitting process to occur. Staff concurs with Doug Dennison in the assessment that the proposed regulations will increase the workload of the staff substantially, given the number of 10" or larger lines that are being built by Encana presently. Maybe there is a different minimum line size that will accomplish the same thing. It has never been a major issue having the various gathering lines (as we used to view them) not go through a permitting process with the County. Part of the argument is that there i, no -ore impact in ionstruction from a2-6 inch line than a larger 24 inch line. It appears thaf it takes more effort to install a24 inch line than the smaller lines. Another possible solution is to define pipelines based upon the number of wells connected to the line. CCI and COGA, along with the COGCC have developed some proposed revisions to the COGCC rules and regulations to deal with pipelines. The 1100 series of the rules and regulations is presently titled , Flowline Regulations. This new series will be titled Flowline & Gathering Line (Pipeline) Regulations in the proposed rule changes. In addition to the changes to the 1 100 series, there is a new definition for a "gathering line" being added that states the following: "Gathering line" shall mean a pipeline which transports natural gas beyond leasehold gas metering equipment to a compressor facility, processing plant or interstate pipeline connection. The t 100 series requires the operator of a gathering line subject to the Office of Pipeline Safety, U.S. Department of Transportation to notify the COGCC 30 days in advance of construction by filing a plan of construction. The local I govemment over which the gathering line traverses, will also receive a copy of ihe plan, but there is no time by which it has to be received. The construction plan has to cover the general design, construction schedule and route, including a map showing all crossings of public by-ways and natural and manmade *ui.r.o,rrr.r. The rest of the proposed regulation deals with pipeline material, design to prevent failure, cover depths on agricultural land, cover requirements for gsologic, economic or other uncontrollable condition, excavation, backfill and reclamation, and pressure testing. There are separate sections for operations, maintenance and repair and abandonment. After reviewing the comments and proposed regulations from CCI and COGCC, there is one issue that is very clear. Neither the proposed COGCC rule changes nor the U.S. DOT Pipeline Safety regulations have been adopted and may not be adopted in the forms proposed, once they go through their respective hearing process. Neither of these governmental entities has any regulatory authority over "gathering lines" at this time. The proposed COGCC regulations address a number of issues that concern the County regarding pipeline safety, but appear to be more guidelines than regulations. Some staff comments regarding the regulations would be: 1101 a. - The proposed plan is to be submitted to the local govemment jurisdiction traversed by such pipeline, but it doe not provide a timeline for that submittal, i.e., "within the same 30 day period....." 1101 d.(2) - An above ground pipeline is allowed by this regulation, this has been an issue in the County. 1101 e. - "Reasonable efforts" to run pipelines parallel to crop irrigation rows on flood irrigated land is all that's required. Pipelines should not be allowed affect a surface owners irrigation system, without the approval and acceptance by the surface property owner. ll02 e. - An emergency response plan is to be submitted to the COGCC and the local government, but there is no timeline. Suggest that it be submitted to both entities at least 30 days in advance of the pipeline becoming operational. 1i03 - Any abandoned pipeline needs to have the abandonment certified and copies sent to COGCC and the local government within 30 days of abandonment. At this time, Garfield County has regulations that require all pipelines to go through a Special or Conditional Use permit process, regardless of the size of the pipeline. The County's present regulations do not define a pipeline and the supplementary regulations require a pipeline operator to address issues that are 1 L: -.-,--:11 ^r 1^^^1 l^C-^ C^-+L^ -,,L1:^irriievant. Adopting the proposed regulation will at least define for the public, 1 t 11 ^ - --,- L-- -1 ^I:--^ ^- ^^ ^ .^:-^l:-^ ^industry, elected and appointed officials what the County defines as a pipeline and establish the specific criteria for the review of a pipeline application. UI. RECOMMENDEDFINDINGS: a. b. d. e. 10 l. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted, and that all interested parties were heard at the hearing. 2.The application submitted met the requirements of Section 10 of the Garfield County zoning Resolution of 1978, as amended. 3. That the proposed Zone District Text Amendments are consistent with the Garfield County Comprehensive Plan goals, objectives and policies' 4. The Garfield County Planning Commission recommended approval of the proposed text amendments. 5. That for the above stated and other reasons, the proposed Zone District text amendments are in the best interest of the health, safety, morals, order, convenience and welfare of the citizens of Garfield County. IV. RECOMMENDATION The Planning Commission recommended APPROV AL of the following additions or amendments to the Garfield County ZoningResolution of 1978, as amended: 2.02.431 Pipeline: Any pipeline and appurtenant facilities designed for, or capable of, t*.rrporting natural gas, other petroleum derivatives or other liquid matter, ten (10) inches in diameter or larger which creates a hoop stress of twenty percent (20%) or more at their specified minimum yield strength. Pipelines regulated, licensed or permitted under federal regulations as inierstate transmission lines shall be exempt from regulation under this Chapter. Use, special: add "piPeline" Use, special: add "PiPeline" Use, special: add "PiPeline" Pipelines: In addition to the requirements in Section 5'03, all pipelines tt utt U" subject to the provisions of this zoningcode and address the following: (1) County Roads : All road cut permits to be issued for a pipeline need to be' - iaentined and permits issued prior to the issuance of a Special Use permit' Any encroachments in public right-of-way shall be shown on the application and approved by the Board of County Commissioners. (2) Location : All surface use agreements with affected property owners will 3.02.03 3.07.03 3.08.03 5.03.15 11 9.02.0t 9.03.01 be included in the application, with a list of property ownership, including property without an agreement. The location of pipelines may be ,nodifi"d, where the companies do not have negotiated agreements with the landowners as to location and reclamation. (3) Site Specific Construction Practices. Identify the times of operation, construction methods to minimize environmental impacts, noise levels, approval of staging and storage areas and require traffic mitigation sirategies. The County may impose conditions of approval related to these matters, including the limiting of days and hours of activity. (4) Water and Hydrostatic Testins. Documentation proving the legal and adequate supply of water for the hydrostatic testing of the lines. The point(s) of discharge and the water quality of the discharge. (5) Watershed and Ditch Crossing approvals. All ditches crossed by a' . pipeline shall be identified and approval from the ditch company included in the application. Any permits for watershed protection shall be approved prior to final approval of any Special Use permit' (6) Emereency Response: Include in any application an emergency response plan, which must be approved prior to final approval of any Special Use permit. Included in the emergency lesponse plan will be wildfire mitigation plan. (7) Site Specific Reclamation. Included in the application will be a' reclamation plan, to be reviewed and approved by the County Vegetation Management office consistent with County vegetation plan requirements' Supporting information, plans, letters of approval from responsible agincies or other local, state and federal permit applications shall be rrrb-itt"d with the application and other information to satisff requirements listed Conditional Uses in the Supplementary Regulations. Prior to issuing the Conditional Use permit, copies of all other approved permits will be placed in the file (1) Supporting information, plans, letters of approval from responsible agencies or other local, state and federal permit applications shall be submitted with the application and other information to satisfy requirements listed Special Uses in the Supplementary Regulations. Priot to issuing the Special Use permit, copies of all other approved permits will be placed in the file 12 exHteff -)P MEMORANDUM To: I)ate: Mark Bean Doug Dennison, Oil & Gas Auditor December 4,2003 Comments on Proposed Definition of "Pipeline" In regard to the memorandum from Fred Jarman to the Garfield County Planning &Zonng Commission dated November 13, 2003 on this subject, as well as the proposed amendment to the Garfield County ZonngResolution, I have the following comments on the proposed pipeline definition: 1. I am concerned with the definition of what constitutes a pipeline based on a diameter of pipe. I believe that using a sze standard for defining what pipelines are subject to Special Use Permit (SUP) requirements will result in additional con-f,rsion about when these requirements apply rather than eliminate the current confusion. This size specification creates several problems that need to be considered prior to adopting the proposed definition. a. The lQ-inch or larger specification currently would single out one operator, EnCana, as having to permit almost all of their gathering lines while other operators would not. There are several technical reasons why EnCana uses larger lines, including the fact that they are constructing a large number of wells on a single pad serviced by a single pipeline. There may also be differences in field conditions that warrant a larger pipeline in some areas of the county than in others, with both pipelines serving the same purpose. The County will need to be prepared to commit the resources necessary to review the volume of SUP applications that will result. If this definition is adopted, it may be advisable to implement an administrative process that would address all but the larger pipeline projects. The impact of constructing a l0-inch diameter pipeline is very often exactly the same as that resulting from construction of a smaller-diameter pipe. The equipment used to install the pipe in both cases (e.g., track-hoes, side-boom cranes, etc.) are the same and will require essentially the same working area. The safety concerns associated with both pipelines are also similar. Therefore, I don't c. 144 E. 3'd Street Rifle, CO 81650 (970) 62s-s6et Fax (970) 625-0908 Garfield believe that the land-use and safety concerns that are intended to be addressed by the SUP process would be adequately addressed by this definition. d. I'm not sure of how likely this would be to occur, but a size specification on pipelines could result in operators installing multiple smaller lines in place of a larger line in order to not be required to go through the SUP process. I had hoped to be able to provide a recommendation of an alternative definition that would be more workable but, unfortunately I haven't been able to develop one. Through our mrmerous discussions of this issue over the past several months, it has become increasingly obvious that it is dfficult to define which pipelines should require an SUP on the basis of pipe diameter, function (gathering vs. transmission), or any other definable characteristic. In my opinion, the direction tfrut upp.*s to be the most consistent and feasible is likely to either require permitting for all pipelines or none of them. In the case of the former, I would be in favor of designing a systemthat would allow for an administrative review of the bulk of the pipelines with the formal, public-hearing process only being reserved for the larger projects - this would require defining what constitutes a larger project which could also be difficult. So, in summary, my recommendation at this point is that we continue to solicit input from industry and citizens to try to develop a definition urd p.o"".s that not only serves the end purpose of the process, which is to regulate land use issues, tut at the same time can be consistently applied in a feasible and economic lrxlnner. Thank you for the opportunity to provide this input. Please contact me if you have any questions. 144 E. 3'd Street Rifle, CO 81650 (e7o) 62s-s6el Fax (970) 625-0908 2 Colorado Oil & Gas Association 1776 Lincoln Street, Suite 1008 Denver, CO 80203 303-861-0362 As a general matter, COGA believes that Garfield County would be ill-advised to proce-ed down the path of requiring some pipelines to obtain special use or conditional review permits. Because land use approval is discretionary -- i.e' the outcome can be a denial of the permit -- such a process opens to door for local opposition to necessary pipeline projects, and places local planning and elected officials in a box. "Not in my backyard" and other, organized and foundation- funded, elements will bring pressure to stop projects. Elected officials may find it difficult to resist such political pressures. This is how Delta County found itself in protracted and unproductive litigation. Note that Delta County is in court defending both its decision to first deny well permits, and, later, to approve them. They snould have stayed out of the box of assuming discretionary authority to begin with, and their dilemma should be a cautionary tale for Garfield County. COGA believes that the legitimate concerns of local citizens and local governments regarding pipelines can, and are, being addressed by federal and itate regulatory-authorities. COGA is engaged in a process with Colorado Countiei, lnc. to expand and enhance the role of the Colorado Oil & Gas Conservation Commission in this regard.. COGA believes that a notification and consultation process with local governments, similar to a "Site plan" administrative review, can be designed so that local governments are informed and have appropriate input to pipeline projects. Local governments do not have the technical expertise to regulate pipeline construction or operational standards. Pipeline routes are generally a matter of leasehold rights or privately negotiated rights-of-way, and neither should be interfered witfr Uy local governments. COGA believes that the proper role for local governments in this arena relates to road crossings and emergency response coord ination. COGA suggesfs that Garfield County defer consideration of a local pipeline ordinanci intil the conclusion of the pending federal and state rulemakings. This deferral shoutd be extended until such time as the county has experience with such new procedures and has identified a real need for supplemental local regulation. . The draft proposal is attached. EXHIBF b0nog Specific Comments As an initial matter, COGA opposes selecting a class of pipelines to regulate based on arbitrary criteria. Does a 400' length of 10" diameter pipe on the suction side of a compressor entail the impacts of a 20 mile length of B" diameter pipe? Can the county exercise jurisdiction over a "flowline" which, because it serves multiple wells on a single pad, happens to be 10" in diameter? Production operations, including flowlines, are regulated by the COGCC, largely to the exclusion of local authority. Defining "gathering" pipelines has proven to be a daunting task at the federal level, consuming many years of discussion. COGA notes that Garfield County's oil and gas auditor, Mr. Dennison, has expressed similar concerns in his December 9 memorandum to Mr. Bean. Again, if the county confined itself to a notification and consultation process, these concerns would be ameliorated. COGA has suggested that such a process be triggered for pipelines which, because of public safety issues, are subject to (pending) federal regulation. COGA reminds Garfield County that safe pipeline operation is a matter of self- interest for operators. lndeed, the U.S. Department of Transportation in solicitating comments on its proposed pipeline rulemaking advises that "potential commenters should keep in mind that the pipeline industry's consensus [ASME] standards apply to rural gathering lines." [Fed. Reg., Vol. 68, Number 214, p. 62557, 111151031. This pending DOT rulemaking will comprehensively address integrity management of previously unregulated "rural" gathering based on a public safety risk assessment. 5.03 - lmposition of this conditional and special use regulation is problematic. Pipelines do not require "water and sanitation service"; they do not entail "traffic volume generation" requiring street improvements and parking; they do not require "screen fences or landscape materials on the periphery of the lot." 5.03.07 - This "industrial operations" Section contains many provisions inapplicable to piplelines. 5.03.08 - These "industrial performance standards" are also generally inapplicable to pipelines. 5.05.15 (1) County Roads -- COGA does not object to requiring road cut permits, but not as a condition for a Special Use Permit. (2) Location -- COGA objects to requiring the submission of private contracts relating to pipeline rights-of-way. While COGA supports notification of and input to major (DOT-regulated) projects, it objects to the county assuming the power to modify the location of pipelines. (3) Site Specific Construction Practices - COGA supports providing such information to local governments, and has included such a provision in the draft COGCC proposal. COGA believes that limitations on hours of activity should be resolved in consultation with the county, not as a condition of land use approval' (4) Water and Hydrostatic Testinq - COGA believes that this section intrudes on matters of industry standards and federal/state safety regulation. (5) Watershed and Ditch Crossinq Approvals - COGA supports consultation with ditch companies. COGA believes that "watershed" concerns can be addressed in consultation with the county, and that a "watershed protection permit" should not be required as a condition of approving a Special Use Permit. (6) Emerqencv Response - COGA supports the submission of an emergency response plan for major projects, but not as a condition of land use approval. (7) Site Specific Reclamation - COGA supports, as required by COGCC reclamation rules, consultation with local soil conservation districts and "vegetation management" offices. COGA believes that the COGCC's reclamation rules and related bonding requirements should control. COGA Contact: Ken Wonstolen General Counsel kwonstolen@coga.org FLOWLINE & GATI-|ERIhlc LINH {PIPHLINE} REGULATIONS 1 101. INSTALLATION AND RECLAMATION a.NCItice.Asof-,2004,anoperatonofagatherirrglinewhichhas segrnents subjeCi io safeiy regulation by the Office of Flpeline Safety, U.$. Department of Transportation, shall notify the commission 30 (thirty) da.Vs jn advance of construction by filing a plan of construction. $uch plan shall also be provided to each local government jurisdiction transversed by such pipeline. The plan shall cover the general design, construction schedule and route, including a rnap showing all crossings of public by-ways and natural and rnanmade watercourses. b. Material. ('1 ) After June 1 , 1996, materials for pipe and components shall be: A. Able to maintain the structural integrity of the fl+wIne pipeline under temperature, pressure, and other conditions that may be anticipated; B. Compatible with the material to be transported. C. A tracer line or location device will be placed adjacent to or in the trench of all buried nonmetallic flewlines pipelines to facilitate the location of such PiPelines. c. Design. Each component of a flewtine pipeline shall be designed to prevent failure from corrosion and be able to withstand anticipated operating pressures and other loadings without impairment of its serviceability. The pipe shall have sufficient wall thickness or be installed with adequate protection to withstand anticipated external pressures and loads that will be imposed on the pipe after installation. d. Cover. (1) All installed flewfines pipelines shall have cover sufficient to protect them from damage. On crop land, allflewline's pipelines installed after June 1, 1996 shall have a minimum cover of three (3) feet. (2) Where an underground structure, geologic, economic or other uncontrollable condition prevents{lewlines pipelines from being installed with minimum cover, or when there is an agreement between the surface owner and the operator, the line may be installed with less than minimum cover or above ground. e. Excavation, backfil! and reclamation. (1) When flewlines pipelines cross crop lands, unless waived by the surface owner, the operator shall segregate topsoil while trenching, and trenches shall be backfilled so that the soils will be returned to their original relative positions and contour. This requirement to segregate and backfill topsoil shall not apply to trenches which are twelve (12) inches or less in width. Reasonable efforts shall be made to run flewlines pipelines parallel to crop irrigation rows on flood irrigated land. (2) On crop lands and non-crop lands, flewfine pipeline trenches wi# shall be maintained in order to correct subsidence and reasonably minimize erosion. lnterim and final reclamation, including revegetation, shall be performed in accordance with the applicable 1000 Series rules. f. Pressure testing. (1 ) Before operating a segment of flowline installed after June 1 , 1996, it must be tested to maximum anticipated operating pressure. ln conducting tests, each operator shall ensure that reasonable precautions are taken to protect its employees and the general public. The testing may be conducted using well head pressure sources and well bore fluids, including natural gas. Such pressure tests shall be repeated once each calendar year to maximum anticipated operating pressure, and operators shall maintain records of such testing for Commission inspection for at least three (3) years' (2) Flowline segments operating at less than fifteen (15) psig are excepted from pressure testing requirements. g. lntegrity ManaEement. ln order to ensure public safety, operators of gathering tlnes wittr-segrnents sub.fect to saf*ty regr:lation by the Office of Pipeline Safety, U.$. Deparinrent of Transportation, shall comptry with the integrity management standards of such agency. 1102. OPERATIONS, MAINTENANCE, AND REPAIR a. Maintenance. (1) Each operator shall take reasonable precautions to prevent failures, leakage and corrosion of flewl+nes pipelines. (2) Whenever an operator discovers any condition that could adversely affect the safe and proper operation of its flewline pipeline, it shall correct it within a reasonable time. However, if the condition is of such a nature that it presents an immediate hazard to persons or property, the operator shall not operate the affected part of the system until it has corrected the unsafe condition. b. Flewline Repair. (1) Each operator shall, in repairing its flewlines pipelines, ensure that the repairs are made in a safe manner and are made so as to prevent injury to persons and damage to propertY. (2) No operator shall use any pipe, valve, or fitting in repairing flewline pipeline facilities unless the components meet the installation requirements of this section. c. Flewline Marking. (1) ln designated high density areas, and where crossing public rights-of-way or utility easement, a marker shall be installed and maintained to identify the location of flewlines pipelines installed after June 1 ,1996. (2) The following must be written legibly on a background of sharply contrasting color on each line marker: "Warning", "Caution" or "Danger" followed by the words "gas (or name of natural gas or petroleum transported) pipeline" in letters at least one (1) inch high with one-quarter (1/4) inch stroke and the name of the operator and the telephone number where the operator can be reached at all times. d. One Call pa(icipation. As to flewlines;and any ether pipeline over which the Commission has jurisdiction, installed after June 1, 1996, each operator shall participate in Colorado's One Call notification system, the requirements of which are established by S9-1 .5-101 ., C.R.S. et seq. e. Ernergency Response. As to gathering linos with segrnents subjact to safety regulatlon by the Office of Fipeline $afety, 1"1.$. Departrnent of Transportation, the operator shall prepare and submit an emergeney response plan ta the commission and to each local government jurisdiction transversed by such pipeline s*gment' 1103. ABANDONMENT Each flew$ne pipeiine abandoned in place must be disconnected from all sources and supplies of natural gas and petroleum, purged of liquid hydrocarbons, depleted to atmospheric pressure, and cut off three (3) feet below ground surface, or the depth of the flewHne pipeline, whichever is less and sealed at the ends. This requirement shall also apply to compressor or gas plant feeder pipelines upon decommissioning or closure of a portion or all of a compressor station or gas plant. Proposed definition of "gathering line" "Gathering line" shall mean a pipeline which transpotts natural gas beyond leasehold gas metering equipment to a compressor facility, processing plant or interstate pipeline connection. EnCana Gathering Services (USA) Inc. (EnCana) is in agreement with the comm made by the Colorado Oil and Gas Association (COGA). In addition, EnCana supports the comments made by Mr. Doug Dennison which are included in Part II, Section B of the Project Information and Staff Comments" document dated 12110103. Further to the comments provided by COGA and Mr. Dennison, EnCana submits the following comments. - If implemented, permitting requirements should apply to all activities in Garfield County, that require pipelines including but not limited to agriculture, water distribution (both potable and non-potable), sanitary sewage and irrigation. - Since the equipment and working space requirements for constructing a 10" pipeline are not significantly different from the requirements of a smaller diameter pipeline, regulating 10" and above lines seems arbitrary. In addition, applying the rule to only 10" and above pipelines will not enhance the overall ruf.ty and environmental protection to the County since small diameter pipeline present the same risk as large pipelines. The pressure and substance within a pipeline system is more indicative of risk than diameter. - The standards of construction employed by EnCana on all pipelines regardless of size exceed current industry standards, presenting less risk than a smaller pipeline constructed to lesser standards. For example, EnCana hydrostatically tests all of its pipelines rather than employing an in service leak test. - Enbana objects to the inclusion of the County in the selection of the route of the pipeline. Pipeline routing is a matter between the affected landowner and the io-p*y involved. Route selection is determined considering the wishes of the landowner, the aesthetics of the disturbance, and with regard for engineering and operability of the line. - Limiting the time and duration of pipeline construction activities will not mitigate the impact of the pipeline, but will exacerbate the impact. Limiting the hours of construction activities will extend the term of the project, resulting in additional traffic impacts and longer land disturbance. If there are extenuating circumstances where the County feels the need for restricting construction activities, the County can deal with those on a case by case basis without the need for a Special Use Permit' - Requiring approval from ditch companies is of concern. In cases where the ditch company does not have an exclusive easement and there is an easement for a pipeline from the surface owner, the company should be able to cross the ditch without approval from the ditch company as long as it doesn't interfere with the ditch company's easement. If the ditch company has an exclusive easement or owns the ditch in fee, then the pipeline company has to work with them to get their approval. In addition, if the pipeline company owns the surface, they should be able to cross the ditch without approval from the ditch company as long as it doesn't interfere with its easement. - The wording in the draft regulation is unclear as to whether the Emergency Response planning provision is related to the construction phase or the long term operation of the pipeline. In addition, it is unclear which jurisdiction will have the authority to approve an Emergency Response plan. - EnCana supports input from the County Vegetation Management office in its pipeline reclamation planning, but does not agree approval should be required as part of a Special Use permit. The draft County pipeline regulation better lends itself to an administrative process rather than a Special Use process. EnCana Gathering Services (USA) Inc. Tg2Bwkhorn Drive Rifle, Colorado 81650 To: Board of County Commissioners Garfield County Re: Comments on Garfield County Proposed Amendments Regarding Permitting of Pipelines EnCana Gathering Services (USA) Inc. concurs with the suggestion of the Colorado Oil & Gas Association that Garfield County defer consideration of local regulation of pipelines until the County has sufficient experience with the effect of new federal and state rules to conclude that there is a need for supplemental local regulation. If the County determines that local regulation is necessary, EnCana supports the recommended change to section 9.02 thatwould allow concurrent processing of permits when other agencies are involved. EnCana reads section 5.03. 15(2) to permit submittal of an application prior to reaching agreements with all affected surface owners and supports this approach. Portions of the draft regulation proposed by the Planning Commission which remain unclear or concern EnCana include: Section 2.02.431 - Requiring a permit for all pipelines that are 10 inches in diameter or larger does not address the public safety, environmental or visual impact concems of the County Govemment or the residents of the County . As stated by participants in past meetings, industry experts, individual members of the Planning Commission, as well as members of the Board of Commissioners, for the most part, the right-of-way requirements and construction procedures and equipment utilized are the same for smaller diameter pipelines and 10 inch and larger diameter pipelines. Both the Colorado Oil & Gas Association and Garfield County's oil and gas auditor, Mr. Doug Dennison, have asked the County to recognize this fact. The proposed regulations would arbitrarily require permitting of a 10 inch natural gas pipeline but would allow a2 rnchhigh pressure ammonia or a 4 inch hydrogen sulfide pipeline to be constructed without a permit. The potential danger to public health, safety and welfare is much greater with those two smaller diameter pipelines, but the engineering and construction standards for all sizes are basically the same. EnCana strongly concurs with the comments previously submitted to you by COGA and Mr. Dennison regarding the pipe diameter issue' The requirement for a permit for a 10 inch or larger pipeline will only add to the project cost without adding any real value to the County. If it is the Commissioner's intent to /U0tt TVG EnCana Comments on Proposed Pipeline Regulations Page2 of3 insure that all oil and gas operators meet the same standards and procedures, the 10 inch designation does not accomplish that purpose because only a few companies construct and operate pipelines 10 inches or larger within Garfield County. Section 5.03.1 5 (2) - The proposed section is interpreted by EnCana to mean that any .ortirrg and reclamation issues will be negotiated between the applicant and the affected landowner and will not be dictated by the County. If this is not the intent of the proposed language, then EnCana objects to the language and questions the County's jurisdiction over a private agreement. Section 5.03.15 (3) - EnCana has no objection to providing the information requested in this section. The specific details are currently made apart of the Plan of Development (pOD) for each project. EnCana objects, however, to the County's ability to limit hours of construction activities. The matters addressed in this section should be negotiated on a case by case basis and often are addressed in individual right-of-way agreements. Restricting work hours and days of the week within which construction activities may occur will result in extending the duration of the project, causing additional traffic and other impacts. Section 5.03.15 (5) - In cases where the ditch company does not have an exclusive easement and the applicant has obtained an easement for a pipeline from the surface owner, the applicant should have the right to cross the ditch without approval from the ditch company so long as the applicant does not interfere with other easements. In addition, if the applicant is the surface owner, approval by the ditch company should not be required so long as the ditch companies' easement is not impacted. Section 5.03.15 (6) - It is not clear whether the requested emergency response plan is specific to the construction phase of the project or the operations of the pipeline. The approval process for the emergency response plan is not set forth in the proposal. It is unclear what is required in the plan and which agency will approve the plan. In conclusion, EnCana Gathering Services (USA) Inc. is concerned regarding the potential ramifications of many of the proposed regulations. The discretionary nature of the approval procedure has been, and continues to be, of major concern. EnCana would offer that the County Govemment would be better served with an administrative review process where by the same information requested from the applicant would be submitted for each pipeline project. Engineering and construction standards would be in place and available to the County for inspection and audit purposes. Specific details associated with individual pipeline would be submitted in a "supplemental format". EnCana Gathering Services (USA) lnc. thanks you and your staff for your efforts and sincerely hopes that you take our comments into full consideration prior to making a final decision. Representatives of EnCana will be present at the scheduled public hearing on EnCana Comments on Proposed Pipeline Regulations Page 3 of3 January 19,2004, to reiterate our concems and comments before the Board of Commissioners. Should you have any questions or need additional information regarding these or other issues prior to the hearing, please feel free to contact Jeff Reale at the EnCana Field Office in Rifle, Co. at 970-625-6632 Federal Register/Vol. OA, No. 214lWednesday, November 5, 2003/Proposed Rules 62557 historical interpretation (ADB-O2-06; 67 FR64447; Oct. 18, 2OOZ).4 Hazardous Liquid Gathering Line Definition. RSPA's hazardous liquid pipeline safety regulations in 49 CFR part 195 apply to the transportation by pipeline of hazardous liquid (petroleum, petroleum products, and anhydrous ammonia) and carbon dioxide (in a supercritical state), except gathering lines in rural areas and certain other pipelines (S 195.1). The term "gathering Iine" is defined in S 195.2 as "a pipeline 219.1 mm (B% in) or less nominal outside diameter that transports petroleum from a production facility." a ADB-02-6: To: Or.r.ners md Operators of Natural Gas Pipeline Facilities. Subiect: Standmds for classifying natural gas gathering lines. Purpose: To inform operators of the standuds OPS currently uses to classify natural gas gathering lines. Advisory: Standards for classification of natural gas gathering lines. Until OPS completes its rulemaking to better define natural gas gathering lines (Docket No. RSPA-98-4868), OPS will continue to classify lines according to the four-point standard established through court precedent and historical interpretation. OPS lvill also continue to classify lines that pose unique difficulties of classification on a case-by-case basis, In brief, in the most common situation, gathering begins at or near the well head. In most cases, the gathering process terminates at the outlet of a processing plmt. A processing plant is defined by the extraction of heavy ends lrom the natural gas. If there is no upstream processing plant, the gathering process terminates at the outlet of a pipeline compressor. For the purposes of determining the termination point of the gas gathering process, OPS does not consider a well head compressor (field compressor) to be a pipeline compressor. If there is no processing plant or pipeline compressor, the point at which the gathering process ends is where two or more well pipleines converge. If none of these points applies, the gas gathering termination point is where there is a change in ownership of the pipeline. These points are determined on a case-by- case basis considering the Iocation of the pipeline in relation to population density, maior traffic areas, and environmentally sensitive areas. To sumaize, OPS considers the termination of gas gathering to be: (1) The outiet of a processing plant that extracts healry ends from the natural gas; (2) The outlet of a pipeline compressor (not including a well head compressor); (3) The point where two or more well pipelines converge; or (4) The point where there is a change in ownership of the pipeline. Section 195.2 also defines "production facility" and "rural area" without reference to the gathering line definition. RSPA has had little difficulty applying these definitions to identify gathering lines subiect to Part 195 or those excluded from Part 195 because of Iocation in rural areas. Purpose of Meetings and Request for Comment RSPA, working with NAPSR, is continuing to assess the acceptability of the present definitions of gas and hazardous liquid gathering lines and related definitions for purposes of determining the beginning and end of gathering. We are particularlY concerned about the impreciseness of the gas definition. We are inviting new public input to this process, which we hope will be informed by the history of previously proposed definitions and their shortcomings. We also are considering the need to establish safety regulations for onshore gas and hazardous liquid gathering lines in rural areas. While Congress initially exempted these Iines from Federal regulation, it has granted RSPA authority to regulate rural gathering Iines,,vhose physical characteristics pose a special risk to the public. We are interested in receiving ideas on what situations would make it appropriate to regulate the safety ofrural gathering Iines, and what those regulations should be. Potential commenters should keep in mind that the pipeline industry's consensus standards in ASME B31.4 and ASME 831.8 apply to rural gathering lines.- As stafed in more detail above, we invite interested persons to attend the public meetings and present oral or written statements about any of the topics discussed in this notice. Written statements not presented at the meeting may be submitted to the docket. If necessary, we may limit the time for oral presentations so that everyone who requests an opportunity to speak may do so. Those who do not request time for presentations may have an opportunity to soeak as time aliows. W" "." especially interested jn receiving comments on the following: 1. The point where gas Production ends and gas gathering begins. 2. The point where gas gathering ends and gas transmission or distribution begins. 3. In defining "regulated gathering line," whether we should consider factors besides those that Congress specified (see footnote 2). For example, should we consider population density (by census or house count), or for hazardous Iiquid lines, potential for environmental damage. 4. lVhether Part 195 should apply to rural gathering lines that operate at more than 20 percent of sPecified minimum yield strength, or that could adversely affect an "unusually sensitive area" as defined in S 195.6. (Note that certain crude oil gathering lines are, by law, exempt from safety regulation (see footnote 2)). 5. If you recommend safetY regulations for rural gas or hazardous Iiquid gathering lines, to which rural Iines would the regulations apply and why, approximately how manY miles would be covered by the regulations, and what would be the estimated cost per mile of complying with the regulations. 6. The approximate mileage of rulal gathering lines not now covered by Part 195. 7. Whether safety regulations for gas or hazardous liquid rural gathering lines operating at low stress (e.g.,20 pgrcent oi less of specified minimum Yield strength) or a specified presslue for plastic lines should be fewer and possibly less stringent than regulations for other rural gathering lines. There wili be an open session for questions and answers before the close of the meeting. Additional meetings are being planned, and dates and Places will be announced in future notices. Authority: 49 U.S.C. Chapter 601 and 49 cFR 1.53. Issued in Washington, DC, on October 30, 2003. Stacey L. Gerard, Associate Administrator for Pipeline Safety. IFR Doc. 03-27858 Filed 11-4-03; 8:45 aml BILLING CODE 491(HFP L2/L6/2003 16:00 FAX 303 881 2818 COLORADO COI]NTIES INC.E ooz Memo To: All Oil & Gas Producing Counties Fmm:Greg Bledsoe, Legislative Liaison Date: 12nGnO03 Re: Development of COGCC Rule Regarding Pipeline Definitions Garfield County and the Colorado Oil and Gas Association (COGA)' recenfly r.qr"*t"O an Lpportgnrty to meet and discttss the issues sunounding pipeline definitions. Many of fire issues being discussed are design, Cover' redamation' p*.ui" testing, maintenance, and abindonment. Two meetings have already been held between Gafield County Commisiiorrers, COGA, COGCC, and the counties of Gunnison and Mesa. Additional meetings will be held with the next one in January' The end goal of these meetings is to develop a state rule, which will be adopted by the COGCC. V"riinprrt ot fitti"ipation in nrture meetings would be welcome and c&Gprop"sar for@ se contact either Co-mmissioner John Martin or Commissioner Tresi Houpt They can be cpntacted at 97G91 S5004. lf you wish to participate in future discussions regarding this topic please mntact me prior to January 1* at 303-8614076. Thank You L2/L6/2003 16:01 FAX 303 881 2818 COLORADO COIN.ITIES INC.E oor b. Material. (1) After June 1 , 1 996. materials for pipe and components shall be: A. Able to maintain the structural integrity of the fle$difle pipeline under tempemture, pressure, and other conditions that may be anticipated; B. Compatible with the materialto be transported. C. A tracer line or location device will be placed adjacent to or in the trench ot all buried nonmetallic fl€YIicos pipelines to facilitate the location of such pipelines. c. Design. Each cornponent of a flewline pipeline shall be designed to prevent tailure from conosion and be able to withstand anticipated operating pressures and other Ioadings without impairment of its serviceability. The pipe shall have sufficient wall -mrEknffifpressures and loads that will be imposed on the pipe after installation. FLOWLINE & GATHERING LINE (PIPELINE) REGULATIONS 1 I 01. INSTALLATION AND RECLAMATION a.Notice.Asof-,z004,anoperatorofagatheringlinewhichhas segments subject to safety regulation by the office of Pipeline !{ety, u.$.- Debartment of Transportation, shall notify the commission 30 {thirty} days in advance of construction oy filing a ptan of construction. Such plan shall also be provided to each locatgovernment jurisdiction transversed by such pipeline. The plan shall cover the generat deslgn, construction schedule and route, irrcluding a map showing all Crosslngs of public by"ways and natural and manfilade watercourses. (1) Alt installed flsndin€s pipelines shall have rcver sufficient to protect them ftom damage. On crop land, ail flevdines pipelines installed after June 1, 1996 shall have a minimum cover of three (3) feet. (2) Where an underground structure, geologic, economic or other uncontrollable condition prevents4€v*ines pipelines from being installecl with minimum cover. or when there is an agreement between the surface owner and the operator, the line may be installed with less than minimum cover or above ground- e. Excavation, backflll and reclamation. (1) When fler*ilines pipelines cfoss crop lands, unless waived by the surface own€rr the operator shall segregate topsoil while irenching, and tranches shall be backfitled so'that the soils will be returned to their original relative positions and contour. This requiremenl to segregate and backfill topsoil shall not aPply t0 trenches which are twelve (12) inches or less in width. Reasonable efforts shall be made to run fler,r,{ieee pipelines parallel to crop irrigation rows on flood irrigated land. L2/L6/2003 18:01 FAX 309 961 2B1e COLORADO COTII\ITIES INC. (2) On crop lands and non-crop lands, f,er#lic€ pipeline trenches *ill shall be maintained in order to correct subsidence and reasonably minimize erosion. lnterim and finalreclamation, including revegetation, shall be performed in accordance with the applicable 1000 Series rules. f. Pressure testing. (1) Before operating a segment of flowline insialled atter June 1 , 1996, it must be tested to maximum anticipated operating pressure. In conducting tests, each operator shall ensure that reasonable precautions are taken to protect its employees and the generat public. The testing may be conducted using well head pressure sources and wellbore fluids, including natural gas. Such pressure tests shall be repeated once each calendar year to maximum anticipated operaiing pressure, and operator€ shall maintain records of such testing for Commission inspection for at teast three (3) years. (2) Flowline segments operating at leEs lhan ffieen (15) psig are excepted from pressure testing requirements- a g. lntegrity lUlanagement. ln order to onsure public safety, operators of gatherlng lines with segments subject to safety regulation by.tne Office of Pipellne Safety, U.S. Department of Transportation, shall comply with the integrity management standards of such ag6ncy. 'I.IO2. OPERATIONS, MAINTENANGE, AND REPAIR a. Maintenance. (1) Each operator shall take reasonable precautions to pravent failures. leakage and c-orrosion of flewlinee pipelines. @ oot (2) Whenever an operator discovers any condition that could adversely affect the safe and proper operation of its flew{ine pipeline, it shall correct it within a reasonable time. However, if the condition is of such a nature that it presents an immediate hazard to persons or property, the operator shall not operate the affected part of the system until it has corrected the unsafe condition. b. Fle*line Repair. (1) Each operator shall, in repairing its flewlines pipelines, ensure that the repairs are made in a safe manner and are made so as to prevent injury to persons and damage to property. (2) No operator shall u$e any pipe, valve, or fitting in repairing fleu4ice pipeline facilities unless the components meet the installation requirements of this section- c. Flewline Marking. (1) ln desigrtated high density areas, and where crossing public rights-of-way or utility easement, a marker shall be installed and maintained to identity the location of flewlinee pipelines instailed after June 1,1996. L2/L6/2003 16:01 FAX JOJ 861 ZB1B C0L0RAD0 C0ITI\ITIES INC.@ oos (2) The following must be written legibly on a background of sharply contrasting color on each line marker: 1 /aming", "Caution" or "Dangef followed by the words "gas (or name of naturat gas or petroleum transported) pipeline" in lefters at least one (1) inch high with one-quarter (1/4) inch stroke and the name of the operator and the telefhone number where the operator cen be reached at all times, d. One Call participation. As to flewlineer and any €lh€F pipetine over which the Commission has jurisdic{ion, installed after June 1, 1996, each operator shall participate in Colorado's Ole_Callnotification system, the roquirements orwnich are establisned by $9-1.5-1 01., C.R.S. et seq. e- Emergency Response. A,s to gathering linas with segments subject to safety regulation by the Office of Pipeline Safety, U.S. Department of Transportation, ihe operator shall prepare and submit an emergency response ptan to the commission and to each local government jurisdiction transversed hy such pipeline segment. 1103. ABANDONMENT fs6h fls$flipg pipeline abandoned in plaoe must be disconnected from all sources and supplies of natural gas and petoleum. purged of liguid hydrocarbons, depleted to atnospheric pressure. andcut.off hree (3) feet below ground surface, oi the depth of thi f,ewline pipeline, wtrichever is lessand sealed at the ends. This requirement shall also apply to compressor or gas ptant feederpipelines upon decommissioning or closure of a portion or ait ir a compiessor statio:n or gas planl Proposed definition of "gathering line" mean a leasehold gas metering equipment to a intbrstate pipeline connection. gas beyond cornpressor facility, processing plant or