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HomeMy WebLinkAboutResolution 80-123-CCBOARD OU COUNT' Cn_t,,?ISSIUNERS GRANT COUNTY, ',1 •. ;II '. NGTON RESOLUTION AUTHORIZING THE STIPULATION BETWEEN APPLICANT NOR'T'HERN TiEP RFSoKUTTON N0. 80-M -CC AND GRANT COUNTY TILED WITH THE ENERGY PACI1,11Yr SITE EVALUATION COCNKII WHEREAS, t h i_s stip Lat ion entered into between GRANT COUNTY, WASHINGTON, hcreinafm K, 'County" and NORTHERN TIER PIPELINE COMPANY, a Dolaware c(ro—a ion hereinafter the "Comp- any", on the I_• th day of Gecemh 1' 80 WHEREAS, the County of Gran does not )ppose the construction and operation of the lompanv's project so long as it is carried out in A reasonalic tri Prudent manner: and WHEREAS, at a conlerenvc "'ti5p 30, 1919, at Ephrata before the EFSEC Admi0strst ivy_ Law ludpe, the Quincy and East Irrigation Districts cequestcd an Arcemcut with Northern Tier, the terms of which welC not spocil:c dHo Northern Tier advised that if an agreement were prop(riv drn! ,d that it probably would he accepted, Ord WHEREAS, the Irriga t Lot Di- t r i ct s have now entered stipulations with Northern Tic,,, , i WITREAS, it is important t ) Pan interest: of Grant Count.v that Norther; "Pier proceed n l T hat EFSEC be so advised; and WHEREAS, the Company's pi:gcr t is within the juris- diction of the Washington State Enver-v Kacility Site Evaluation Council (here[nafter "EFSEC") pur"tan, to R.C.W. Chapter 80-50, which has preemptive AuthoriLv ,,vt z nau4 otherwise applicable c„unty permits and approvols; ur,-' WHEREAS, the c:ompuny at :t,c,t County propose to avoid protraction of the FKEC cunt et ted c we hearing and to expedite the cOnytructiOn Of ^he piPu:110 by .�Kying into this stipula- t:ipula- t.;ern tion request tnn t h.tt r:FSEC p i v, "i r e,:t t ” its provisions in any site cern f icat ion ngi epmant whic; y, or issued ny EFSEC For the Company's project and WHEREAS, at a conlerenvc "'ti5p 30, 1919, at Ephrata before the EFSEC Admi0strst ivy_ Law ludpe, the Quincy and East Irrigation Districts cequestcd an Arcemcut with Northern Tier, the terms of which welC not spocil:c dHo Northern Tier advised that if an agreement were prop(riv drn! ,d that it probably would he accepted, Ord WHEREAS, the Irriga t Lot Di- t r i ct s have now entered stipulations with Northern Tic,,, , i WITREAS, it is important t ) Pan interest: of Grant Count.v that Norther; "Pier proceed n l T hat EFSEC be so advised; and WHEREAS, the finalization of this stipulation will be subject to comments to the EPSEC, luring which time others may make known their concerns it ahv; n"J WHEREAS, the Board of crnnt County Commis.ioners has approved this Stipulation and -ut4>rized execution hereof by Resolution No. 80-1_ i -CC ndopi nvi - q nor IS , 1980. DONE 'PHIS DAY of I`a80. KQANT COUNTY COMMISSIONERS ,RANT COUNTY, WASHINGTON At f CSC County ��u<�tor and-( lcr% c, t' ' rn I�,vard BEFORE THE STATE OF WASHINGTON ENERGY FACILITY SITE EVALUATION COUNCIL In the Matter of the Application of APPLICATION NO. 76-2 NORTHERN TIER PIPELINE ) COMPANY ) STIPULATION BETWEEN APPLICANT NORTHERN TIER AND GRANT A Delaware Corporation ) COUNTY THIS STIPULATION is entered into between GRANT COUNTY, WASHINGTON, hereinafter the "County," and NORTHERN TIER PIPELINE COMPANY, a Delaware corporation hereinafter the "Company," on the day of ' ;: j , 1980. Po,i i-a1Q A. The Company proposes to construct and operate an oil transportation system which includes a pipeline from Clallam County, Washington to Clearbrook, Minnesota (hereinafter the "Company's project" or "the pipeline"), which pipeline would pass through the County. B. The County does not oppose the construction and opera- tion of the Company's project so long as it is carried out in a reasonable and prudent manner. C. The Company's project is within the jurisdiction of the Washington State Energy Facility Site Evaluation Council (herein- after "EFSEC") pursuant to R.C.W. Chapter 80.50, which has preemp- tive authority over many otherwise applicable County permits and approvals. D. The Company and the County propose to avoid protraction of the EFSEC contested case hearing and to expedite the construc- tion of the pipeline by entering into this stipulation requesting that EFSEC give effect to its provisions in any site certifica- tion agreement which may be issued by EFSEC for the Company's project. E. The Board of County Commissioners has approved this Stipulation and authorized execution hereof by Resolution No.80-123-CC adopted on December 1S , 1980, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, BE IT AGREED BETWEEN THE PARTIES as follows: 1. Pressure Reducing Station Facilities. With respect to the construction of a pressure reducing station facility in the County, the Company will: (a) Comply with all applicable county building, electrical and plumbing codes effective as of the date of this Stipulation. Any future modifications to the pressure reducing station will comply with the county building and health codes in effect at the time of said future modification. The design of the piping, valves, and control equipment will be qoverned solely by Part 195 of the U. S. Department of Transportation (DOT) regulation, Transportation of Liquids by Pipeline (40 CFR 195). (b) Pay to the County at commencement of construction the published fees customary for county inspection of the pressure reducing station buildings and associated structural, plumbing, sanitary and electrical facilities for the purpose of determining -2- compliance with the County health and building codes. If no inspection fees or application fees the purpose of which is to defray cost of inspections, are published, the County will supply supporting documentation for all invoices submitted by the County to the Company in accordance with 18 a., of this agreement. (c) Submit plans for the pressure reducing station and completed permit application forms for County review at least sixty (60) days prior to commencement of pump station construction. (d) Submit appropriate plans to the County health district for its review should the pressure reducing station facilities include facilities that would normally at the date hereof require health district approval. (e) No County permits shall be required for pressure reducing station construction and operation. 2. Landowner Negotiations. Where shown necessary and justifiable for the continuation of current agricultural practices by the owner of agricultural land over which the pipeline will pass, the Company will cover the pipe to a reasonable burial depth not to exceed 5 feet to allow sufficient cover for such agricultural practices. In active agricultural areas, the Company will, upon landowner request, as part of construction, provide post -installation tilling of the pipeline right-of-way and any other affected area, for the purpose of mitigating compaction which might occur during the construction phase of the project. -3- 3. Irrigation Canal. (a) The Company agrees to construct buried crossings unless the irrigation districts desire overhead crossings. The Company agrees that construction of buried crossings will occur at a time when it will not interfere with or interrupt use of canals for irrigation. To the maximum extent possible, such buried crossings will be constructed after October 22, and before March 15. (b) If, after consultation with the County and appropriate irrigation districts, the Company installs an overhead crossing of an irrigation canal, such crossing will be fenced at the ground entrance and exit points and adequate clearance for vehicular traffic will be provided if necessary. As of the date of this agreement, Company plans to use aerial crossings for the West Canal and East Low Canal. (c) The Company agrees to relocate the pipeline at Company expense if future construction at crossings of irrigation canals and laterals would reduce the cover over the pipeline to less than the minimum federal standards. 4. Rocky Ford Creek. The Company agrees to install block valves on each side of the pipeline crossing of Rocky Ford Creek. 5. Oil Spill Contingency Plan. The Company will submit its draft oil spill contingency plan to the County for its review and comment at least one hundred twenty (120) days prior to operation of the pipeline and the final oil spill contingency plan for the County's review and comment at least thirty (30) -4- days prior to operation of the pipeline. All revisions to such plan will be submitted to the County upon their completion. 6. Worker Use of County Rights -of Way. (a) If the County reasonably determines during construction that pipeline construction personnel are using County rights-of- way for parking in an unsafe manner, upon written notice thereof, the Company will provide off-road parking or transportation services for such personnel so as to resolve the problem. Nothing in this section shall be interpreted as a limitation on the County's ability to regulate parking and traffic flow on County roads and rights-of-way. (b) The Company agrees to require its contractors to confine construction of equipment within the limits of the temporary construction rights-of-way and staging areas to the maximum extent possible during nonworking hours. 7. Review of Plans for Access Roads, Haul Roads and Staging Area. (a) The Company will submit access road plans, including access points to private property from County roads, and staging area plans to the County for review and comment at least fifteen (15) days prior to the commencement of construction. The Company will require its contractors to adhere to any reasonable and justifiable request made by the County with respect to locating proposed access roads. (b) The County will supply the Company with existing -5- load limit requirements for all designated roads and will identify potential problem areas or make other comments with respect to the access road plans and staging area plans within thirty (30) days of a request made by the Company or its representatives. The County will give the Company at least twenty-four (24) hours notice of changes in load limits due to emergency conditions. (c) The Company will submit haulage plans to the County for review prior to taking action pursuant to such plans. 8. Access Road Use and Inspection. (a) The Company and the County will conduct a pre -and post -construction joint inspection of all access roads as designated on the final access road plan. Such inspection is to be at the Company's expense. (b) The Company will comply with general County load limits to the maximum extent practicable and will notify the County official designated by the County in advance if such load limits are to be exceeded. In such a case, if either party so requests, a pre- and post -use joint inspection of the affected areas at the Company's expense will be conducted. (c) In the event of damage by construction or over- weight use, the Company will restore such access roads to their pre -construction condition as established by pre -construction inspection (except for normal wear and tear during the construc- tion period) to the reasonable satisfaction of the County Engineer. ME 9. Work Within County Road Rights -of -Way. (a) In lieu of obtaining necessary approvals to perform work within a County right-of-way, the Company will submit its road crossing and road cut plans to the County for review at least sixty (60) days prior to doing such work. A pre - and post -construction inspection will be conducted jointly by Company and County personnel at the County's request and at the Company's expense. The Company will not remove from service more than one-half the road at a given time or will provide an adequate detour where such limitations are impracticable. Such plans for detours shall conform with county detour standards existing on the date of construction. The Company will restore County roads as soon as reasonably practical to their pre -construction condi- tion as established by pre -construction inspection (except for normal wear and tear during the construction period), and will replace or restore any existing monuments or markers of any nature relating to subdivisions, plats, roads, and other public surveys that are affected by construction of the pipeline. Such restoration or replacement shall be performed to the reasonable satisfaction of the County Engineer. The Company will otherwise comply with County standard conditions for work on County rights- of-way in existence as of the date of this agreement, a copy of which is attached as Exhibit A; to the extent that conditions in Exhibit A are inconsistent with this stipulation, this stipulation -7- shall govern. All construction or installation of the Company's pipeline and other facilities and the service, repair and relocation of the same performed along or under the County roads or rights- of-way subject to this stipulation, shall be done in a manner that does not interfere with the construction and maintenance of other utilities, public or private, drain, drainage ditches and structures, irrigation ditches and structures therein, nor with the grading or improvement of such County roads or rights-of-way. All utilities, public or private, actually installed in such County roads or rights-of-way prior in time to the installation of the Company facilities shall have preference as to the positioning and location of such utilities so installed. Such preference shall continue in the event of relocation or changing the grade of any such County road or right-of-way. The Company shall be accorded the same preference with respect to utilities, public or private, which install facilities in County rights-of-way occupied by the Company's facilities. k (b) Within thirty (30) days of the Company's submittal of its road crossing and road cutting plans to the County, the County will notify the Company in wrLting of any planned road construction, road changes in grade, road straightening, or other changes that would be incompatible with the pipeline's planned location or elevation. Such notification shall include suffi- cient detail to allow evaluation of the pipeline's relationship to the future road construction. The Company will in its own sole discretion, either (1) construct its pipeline in such a way as to not conflict with such future plans or (2) at the time of such construction be responsible for any changes in the pipeline which might be necessary to eliminate conflicts occasioned by construction of which such notice has been given. (c) The Company will notify the County at least forty- eight (48) hours prior to performing work on County road rights- of-way. (d) After work in the County rights-of-way, the Company will provide the County with a set of "as built" prints indicating placement of the pipeline in the County rights-of-way. 10. Use of County Rights -of -Way. In lieu of obtaining necessary County approvals for the use and occupation of County roads and rights-of-way the County and Company agree to the following terms and conditions: (a) The Company will be permitted by the County to operate and maintain the pipeline system in, under, along and over County roads listed in Exhibit B. Such permission shall extend for a period of fifty (50) years from the date of certi- fication pursuant to RCW 80.50.100. (b) The Company shall have the right and authority to enter upon the County roads and rights-of-way listed in Exhibit B for the purpose of preparing, operating, maintaining, removing and replacing all or a portion of its pipeline system. When the QE roads in Exhibit B have been surveyed and a final determination of the location of crossings of County rights-of-way has been made, the Company shall submit such information to the County. Such information shall then serve as the revised and updated Exhibit B and shall be the listing of rights-of-way subject to this agreement. (c) The County by entering into this stipulation with the Company, does not waive any right which it has or may hereafter acquire with respect to County roads and rights-of-way enumerated in Exhibit B and within the two-mile corridor as shown on Exhibit C. This stipulation shall not be construed to deprive the County of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the County roads or rights-of-way covered by this agreement so long as such privilege, right or power is exercised in a reasonable manner that does not interfere with or is not inconsistent with the use of such rights-of-way by the Company pursuant to this stipulation. (d) If at any time the County shall improve or change any County roads or rights-of-way subject to this agreement by grading, regrading, planking or paving the same, changes of grade, altering, changing, repair or relocating the same or by constructing drainage facilities, the Company upon written notice from the County Engineer shall at its sole expense, with all -10- convenient speed, change the location or readjust the elevation of its pipeline system so that such system shall not interfere with such County work and so that its pipeline shall conform to such new grades or routes as may be established upon County rzghts-of-way as listed in Exhibit B. The County shall in no wise be held liable for any damages to the Company that may occur by reason of any of the County's improvements, changes or work above enumerated, except for damage caused by negligence of the County's employees or agents. Such change in location or readjustment of elevation of the pipeline shall be reasonably necessary for the construction, alteration or improvement of such County road or right-of-way. All work performed by the Company under this sub- section shall be subject to the same review and comment by the County as provided in Section 9(b) for the original construction plan. (e) The laying, construction and operation and main- tenance of the Company's pipeline system shall not preclude the County from blasting, grading, excavating or doing other necessary road work contiguous to said pipeline, providing that the Company shall be given not less than fifteen (15) days notice of said blasting or other work in order that the Company may protect its lines and facilities. Provided further, that in the event of an emergency as determined by the County Engineer, the Company shall be given forty-eight (48) hours notice. The County shall comply -11- with applicable federal standards for such activities in the vicinity of such a pipeline and these activities shall be closely coordinated with the Company's authorized representative. (f) The Company hereby agrees to protect and save harmless the County from any and all claims, actions or damages of every kind and description which may be asserted against the County by reason of the Company's acts in connection with the construction, operation and maintenance of the pipeline system across the County roads and rights-cf-way. In case that suit or action is brought against the County for damages arising out of or by reason of the above-mentioned causes, the County will notify the Company within five (5) working days of being served with process or within twelve (12) working days if the County files a notice of appearance. The Company agrees to defend such action or suit at its sole cost and expense and the County agrees to cooperate fully with the Company in defending such action or suit. The Company shall maintain the control of litigation and decisions relating to such suit or action. Failure of the County to comply with this section in the manner prescribed shall relieve the Company of its obligations under this subsection; provided that the Company is prejudiced by the County's failure to comply with this subsection. In case final judgment shall be rendered against the County in such suit or action, the Company will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined by a trial court or appellate court or courts -12- if appeal be taken if determined adversely to the County. Work performed by the Company in conformance with the County's review and comment shall not be a ground for avoidance of this subsection. (g) This agreement shall not be deemed to provide for the Company's exclusive use of County roads or rights-of-way. It shall in no manner prohibit the County from granting other uses of a like nature or prohibit the County from constructing, altering, maintaining or using any of said roads or rights-of-way or affect its jurisdiction over them with full power to make all necessary changes, relocations, repairs, maintenance and so forth, the same as the County may deem fit. The granting of future uses shall not be inconsistent with or cause violation of federal statute or regulations relating to operation and main- tenance of the Company's pipeline. (h) For crossing County roads and using County rights- of-way, the Company agrees to pay all costs incurred by the County in administering and processing said road crossings and rights-of-way agreements. 11. Future County Rights -of -Way. The Company shall not be responsible for costs of changes in the grade or elevation of the pipeline necessitated by construction within a County right-of- way acquired after the date of construction and not subject to this agreement. No such change in the grade or elevation of the pipeline shall be made without the consent of the Company. The -13- Company shall not unreasonably withhold such consent. 12. Bond Provisions. The Company will prior to commencing construction within the County post a bond in a reasonable amount to be agreed between the Company and the County Engineer to protect the County against any road damages for work within County rights-of-way and any road damages resulting from other than normal wear and tear occurring as a result of the construction of the pipeline. 13. Contractor Responsibility. For work conducted within the pipeline right-of-way in the County, the Company will require the Contractor to either furnish a performance and payment bond for the performance of the work or retain a portion of progress payments due the contractor. For work in the affected area the County shall approve restoration of county roads or in the case of private property, the affected landowners shall approve restoration work or any special construction conditions called for in a right-of-way agreement. 14. Liability. In accordance with provisions of state law, the Company agrees to accept liability for oil spill related damages to private property within the County caused by terres- trial or water spills from its project. Such acceptance of liability shall in no way affect the Company's right to recover damages from a third party responsible for such damages. (a) The Company will submit disputes involving claims for such damage less than $10,000 to arbitration at the option of -14- the damaged private party. Such arbitration shall be conducted pursuant to R.C.W. Chapter 7.06 and the procedures and rules promulgated pursuant thereto by the Washington Supreme Court. (b) In instances in which the Company and a private party within the County have been unable to agree as to the appropriate compensation for such damage, the Company agrees to pay toward compensation seventy-five percent (75%) of the compen- sation estimate of the Company pending resolution of the claim. Such payment shall be made within ninety (90) days of the receipt of the claim by the Company and shall not be in excess of $75,000 per occurrence. Such payment shall be made into an escrow account upon instruction that disbursements may be made therefrom only in payment or reimbursement of actual and bona fide out-of-pocket expenses of a claimant in restoring property to its prior condi- tion or otherwise remedying physical damage caused by an oil spill. Any remaining balance in the account shall be released to the claimant, or the Company, upon final establishment of appro- priate compensation by agreement, arbitration or litigation. 15. Liability Insurance. (a) During the construction of Company's facilities in the County, the Company agrees to maintain liability insurance to cover claims arising from personal injury and property damage. Such policy shall be in a form consistent with industry practice and in an amount of not less than $500,000 per occurrence. Such -15- policy shall name the County as a co-insured for actions arising out of construction work on the pipeline in County rights-of- way. (b) The Company will maintain in force during operation of the pipeline liability insurance to cover claims arising from oil spill damages in form consistent with industry practice and in an amount not less than $35,000,000, with a deductible in an amount not more than $300,000. 16. Enforcement. In the event of any dispute concerning the meaning or application of this Stipulation or for the enforce- ment of any provision hereof, resort shall be to EFSEC which shall act pursuant to R.C.W. 34.04 and 80.50. 17. EFSEC Approval. The Company and the County shall file this Stiuplation with EFSEC and request that official notice be taken of it. The approval by the Governor of Northern Tier's application shall be a condition precedent to the taking effect of this Stipulation. Both parties pledge their full cooperation and best efforts to obtain the incorporation of the terms and conditions of this Stipulation in any Site Certification Agreement governing the Northern Tier project. 18. Miscellaneous Provisions. (a) When the Company is obligated to pay the County's costs of inspection or review of plans, such costs shall be the direct costs of personnel and equipment involved in such work, and shall be billed on an itemized statement by the County. -16- (b) The term "construction" as used herein shall mean actual construction within the County exclusive of surveying, acquisition of right-of-way and other such pre -construction activities. (c) Any notice or written communication referred to herein shall be given to the parties at the following address or such other place as may be requested hereafter in writing: County Board of County Commissioners Grant County Ephrata, Washington 98823 Company (d) Neither party may seek a remedy for any default herein unless written notice of such default is first given and a reasonable time allowed for the default to be cured. (e) Wherever this stipulation provides for County review of Company plans, the County acknowledges that such review is for information and comment and that the power to finally approve such plans lies not in the County but exclusively in EFSEC. (f) If any provision of this Stipulation is declared invalid or unenforceable for any reason, the validity of the other provisions shall not be affected, but shall remain in full force and effect. (g) Wherever this Stipulation imposes a duty on the Company, the Company may delegate such duty to an independent contractor such as the contractor constructing a portion of the pipeline, and performance by such contractor shall satisfy the -17- Company's obligation. However, such delegation shall not relieve the Company of any liability for performance of these obligations. (h) The parties acknowledge that EFSEC may request that County personnel be appointed as inspectors to act with EFSEC's powers in enforcing provisions either of this Stipulation, or the Site Certification Agreement, or both. The County may or may not agree to such a request. DATED the day and year first above written. NORTHERN TIER PIPELINE COMPANY ("the Company") Lm Title 9/18/80 CIM GRANT COUNTY ("the County") By Title APPROVED AS TO FORM: GRANT COUNTY_PROSECUTING ATTORNEY y\ By Title EXHIBIT B GRANT COUNTY - COUNTY ROAD CROSSINGS SW ; - Sec. 18, Twp. 20N, Rge. 23E NW ; - Sec. - Sec. 35, Twp. 21N, Rge. 23E Overen Road Road - Sec. - Sec. 29 & 30, Twp. 21N, Rge. 24E Monument Road Road - Sec. 28 & 29, Twp. 21N, Rge. 24E Section Line Road - Sec. 26, Twp. 21N, Rge. 24E SE ; 30E - Sec. 30, Twp. 21N, Rge. 25E W ; - Sec. 29, Twp. 21N, Rge. 26E SE a - Sec. 2.9, Twp. 21N, Rye. 26E NE ; - Sec. 32, Twp. 21N, Rge. 26E Morrison Road - Sec. 33 & 34, Twp. 21N, Rge. 26E Section Line Road - Sec. 35 & 36, Twp. 21N, Rge. 26E NE < - Sec. 36, Twp. 21N, Rge. 26E Section Line Road - Sec. 4 & 5, Twp. 20N, Rge. 28E Moses Lake -Stratford Road - Sec. 2 & 3, Twp. 20N, Rge. 28E Section Line Road - Sec. ] & 2, Twp. 20N, Rge. 28E Section Line. Road - Sec. 5 & 6, Twp. 20N, Rge. 29E Section Line Road - Sec -5 & 32, Twp. 20 & 21N, Rge. 29E Section Line Road - Sec. 36 & 31, Twp. 21N, Rge. 29 & 30E Section Line Road - Sec. 34 & 35, Twp. 21N, Rge. 30E Section Line Road - Sec. 35 & 36, Twp. 21N, Rge. 30E Other roads that could be crossed in the event minor route revisions were made_ SE ; - Sec. 34, Twp. 21N, Rge. 26E Section Line Road - Sec. 2 & 1, Twp. 20N, Rge. 29E Section Line Road - Sec. 6 & 5, Twp. 20N, Rge. 30E Section Line Road - Sec. 3 & 2, Twp. 20N, Rge. 30E Section Line Road - Sec. 2 & 1, Twp. 20N, Rge. 30E 40 W Z 0 J V r � a Z O c z U J uj a z U = E r to w a 3� C) a a� z 3 ►1� Q a F W} u , z w o o d a o a a a, w O W F- a- a Z o z air:u I O U `i � r a I { N 1 0J N ] O N l l A 1 N (1 11 J $ W 0 tl 1i___ __------ ___ _ _ ._L 71 1 ��- Y �� L -- f , f 4 u Y n al Y I -E -r - 1� e _ i -J w