ONEOK Bakken Pipeline (Bear Creek) Staff Report Conditional Use Permit Conditional use permit request for a 37.5 mile natural gas pipeline, known Application: as Bear Creek Pipeline. Hearing Date: October 12 th, 2015 Location: 1939 125 th Avenue NW, Watford City, ND Proposed construction of the Bear Creek Pipeline Project. The proposed project is a 37.5 mile, 8" diameter, Natural Gas Liquids pipeline. The Description: pipeline will originate at ONEOK's Bear Creek Gas Plant located in Dunn County and terminate at the interconnect with ONEOK's Targa 8" pipeline in McKenzie County. Owner(s)/Applicant: Owners: ONEOK Bakken Pipeline, LLC The applicant desires to build a natural gas pipeline approximately 37.5 Reason for Request: miles long, with the goal to improve the transmission of extracted gas in the region. Comprehensive Plan Land Use: Agricultural Zoning: Agricultural Findings of Fact: 1. All requirements for public notification have been satisfied. 2. Staff has not received any phone or written comments on the proposal. 3. Staff has not received any comments from any adjacent property owners. 4. All affected State agencies have been notified of the project and have received their respective project applications. No objections to the project have been provided by the applicable State agencies. Conditional Use Permit Criteria: No conditional use permit shall be recommended by the Planning Commission or approved by the County Commission unless the applicant shall have met all the following criteria: a. The establishment, maintenance, or operation of the conditional use shall not be detrimental to or endanger the public health, safety, comfort or general welfare. Although public health could potentially be harmed if the line were to have a leak or break, it is a very unlikely event. Measures have been taken to avoid leaks or breaks, as the project will comply 1
with applicable State regulations. Further, an emergency plan has been put in place and approved by the County s emergency manager, in the chance that a leak or break in the line would occur. b. The proposed conditional use shall not substantially impair or diminish the value and enjoyment of other property in the area. Once construction is complete, the land will be remediated back to its natural state and therefore will not impair or diminish the value or enjoyment of the property in the area. Adjacent areas will be reverted back to the original state. c. The proposed conditional use shall not impede the normal orderly development of the surrounding property. Again, once construction is complete the land will be remediated back to its normal state and will not impede the normal development of surrounding properties. Agricultural use adjacent to the pipeline easement will not be impeded. d. Adequate utilities, access roads, drainage or other necessary site improvements have been or are being provided to accommodate the proposed conditional use. Utilities, access roads, and drainage will not be a concern, as these pipes will be buried. e. Adequate measures will be taken to provide ingress and egress to the property without adverse effects on the adjoining properties and traffic congestion in the public street. Once in place, this transmission line will not create any of the mentioned items of concern. Temporary impacts may be caused during construction, but compliance with all County and State road restrictions will minimize potential impacts. f. The proposed conditional use shall conform to all applicable regulations of the district within which it is located. The proposed use is a conditionally allowed in the agricultural district. Comprehensive Plan Consistency: The subject land area is designated in the land use plan as agricultural. Once construction is complete, the land will be reclaimed back to its normal state and will be compatible with adjacent agricultural land use surrounding the pipeline. 2
Staff Recommendation: Staff recommends that the conditional use permit be recommended for approval based upon the finding in the staff report and the conditions as provided in the staff report. Suggested motion: Recommend approval of the conditional use permit to the County Commission to allow a 37.5 mile natural gas pipeline. Adopt the findings and conditions as provided in the staff report. Conditions: 1. The applicant shall obtain a building permit for any proposed structures within the proposed development. 2. The applicant shall not deposit any snow or water onto neighboring properties and dispose of storm water onsite through an approved engineering method. Additionally, the applicant shall design the storm water and culvert system to convey a 25 year event. 3. The applicant shall maintain adequate weed control. 4. The applicant shall maintain adequate garbage control during construction. 5. The applicant shall share all final approvals and continuing approvals/reviews with all County/State/Federal agencies as they are obtained or altered, along with any violations and as it relates to this conditional use approval for the County permit file. 6. The applicant shall continually control dust and tracking during construction and operation on site to not track or create a nuisance to the neighboring property owners and the traveling public. 7. All lighting on site during construction shall be downward facing and shall not glare on adjacent property owners or the public travel ways. 8. The applicant shall reseed the corridor with appropriate grass mixture to minimize erosion and level the pipeline easement area after installation of pipeline. 9. An approved emergency plan should be submitted and updated with the county Emergency Manager and Zoning Enforcement Officer (annually) for this pipeline so that emergency responders understand what is present onsite and the risks that they would face during response to an incident. 10. All above-ground facilities, such as pipe valve stations or electrical and communication buildings shall be painted earth tone colors to better blend in with the surroundings. 3
11. The conditional use permit will be reviewed annually to ensure compliance with the listed conditions. Pipeline Overview 4
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