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Home My WebLink About20112349.tiff RESOLUTION RE: APPROVE LETTER OF AGREEMENT FOR CROSSING NATURAL GAS PIPELINE ON PROPERTY OWNED BY KEITH AND SHIRLEY ASHBAUGH AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Letter of Agreement for the Crossing of a Natural Gas Pipeline on Property Owned by Keith and Shirley Ashbaugh between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Noble Energy, Inc., commencing upon full execution, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Letter of Agreement for the Crossing of a Natural Gas Pipeline on Property Owned by Keith and Shirley Ashbaugh between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Noble Energy, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:'Sies,t EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board �� — /) ELAN /�_ can P o way, Pro-Tem �JO7 BY: 't,i- 1' ti Deputy .erkto the Boa � `' �( s ";J: p illi F. G. da APP AS RM: = id E. Long • n -"ttorney • - Douglas ademache Date of signature: (1 - /r ORc \ \cwe CC �� 2011-2349 " 13 ' i l EG0064 a strse- r, PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US CPHONE: (970) 356-4000, EXT. 3739 FAX: (970) 304-6497 COLORADO May 20, 2011 Noble Energy, Inc. 1625 Broadway, Suite 2200 Denver, CO 80202 Attn: Barry Myhr, Gary Collins Re: Pipeline Crossing Agreement between Weld County Public Works and Noble Energy, Inc. —Ashbaugh Gravel Pit DRMS Permit Number#M-2005-060 (Section 15, Township 7 North, Range 59 West) This letter agreement is intended to address the crossing of a pressurized natural gas pipeline owned by Noble Energy, Inc, (hereinafter referred to herein as "NEI") located on private property located in the NW '/4, Section 15, Township 7 North, Range 59 West of the 6th P.M., Weld County, Colorado (40.57577 degrees North, -103.97394 degrees West). The property is owned by Keith and Shirley Ashbaugh (hereinafter referred to herein as "Ashbaughs") whose address is 39434 WCR 115 of New Raymer, Colorado 80742. The site is approximately 3 miles south of Buckingham. Background and Understanding 1. Weld County Public Works (hereinafter referred to herein as "County") has operated a 10-acre sand and gravel pit on the Ashbaugh property for the purpose of obtaining road materials for use in repair and maintenance of public roads in the area. The Ashbaugh Site was permitted in 2000 under Colorado Division of Reclamation and Mining Safety (hereinafter referred to herein as "the DRMS") permit#2005-060. 2. Weld County Public Works proposes to increase the permit area, enlarge the gravel pit mining area, and convert the existing DRMS 110c Oc Reclamation Permit to al 12c Permit. 3. Weld County proposes to access to the eastern side of the proposed permit area by a single crossing over the NEI pipeline. 4. The NEI pipeline, previously owned and operated by Walsh, had obtained Right of Way (ROW) for the pipeline by agreement with the Ashbaughs on May 2, 1979. 5. Preliminary investigation indicates the pipeline enters the Ashbaugh property at approximately the northwest corner of Section 15, T7N, R59W, and leaves Section 15 at the approximate southeast corner and appears to run NW to SE across the Ashbaugh site. Page 1 of 5 C:\WINDOWS\TemptnotesD30550\Final Pipeline Crossing Agreement Weld County.doc 2011-2349 6. The continued integrity of NEI's pipelines and the safety of all individuals in the area of proposed work near NEI's facilities are of the utmost importance. The NEI pipeline should be protected from damage by the County gravel mining and processing activities. Agreement 1. Heavy equipment will not be allowed to operate directly over NEI pipelines unless written approval is obtained from NEI. Heavy equipment shall only be allowed to cross NEI pipelines at locations designated by NEI. Haul roads will be constructed at all pipeline crossings. The haul roads will be constructed using lightweight equipment. The existing depth of soil cover over the pipeline shall be verified (see #3 below). Soil cover will be added such that a total of 8-feet of fill exists over the pipeline and extends a minimum of 10-feet on each side of the pipeline. Depth of cover will taper as required for equipment access. Steel plates may be used for load dissipation only if approved in writing by NEI. 2. Under NEI supervision, a"pothole investigation" shall be performed to determine the depth and location of the pipeline. The County shall provide pipeline delineators on the property to mark the location of the pipe. Notification shall be given to NEI at least 72 hours before start of construction. 3. The County has provided design drawings attached as Exhibits 1 and 2 to this Agreement (Construction Plans) of the proposed pipeline crossing for NEI review showing the proposed facilities in the vicinity of NEI's ROW. 4. County shall be responsible for the construction of the on-site safety improvements for the pipeline crossing which shall include: installation of adequate pipeline soil cover as indicated on the accepted Construction Plans attached to and part of this Agreement. County shall also provide a set of"as-built drawings" and submit to NEI, showing the facilities in the vicinity of NEI's ROW upon completion of the work. 5. The County shall not conduct mining and gravel processing activities within 100 feet of the pipeline; a"no dig" area along the pipeline alignment shall be delineated. No blasting will occur at the site. 6. Contractors operating at the Ashbaugh gravel pit site shall be advised of NEI's requirements and be contractually obligated to comply. Contractors shall comply with all precautionary measures required by NEI to protect its pipelines. 7. The depth of soil cover over the NEI pipelines shall not be increased or reduced nor surface modified for drainage without NEI's written approval under the terms of the Agreement. 8. Except for the construction of the NEI-approved haul road crossing over the pipeline, construction of any other permanent structures or facilities within NEI pipeline easement is not permitted without written approval by NEI. Page 2 of 5 CIWINDOWS1TemptnotesD30550'Final Pipeline Crossing Agreement Weld County.doc 9. Excavating or grading which might result in erosion or which could render the NEI ROW inaccessible shall not be permitted. 10. A NEI representative shall be on-site to monitor any construction activities within twenty-five (25) feet of a NEI pipeline or aboveground appurtenance. The contractor shall not work within this distance without a NEI representative being on site. Contractors shall use extreme caution and take any appropriate measures to protect NEI facilities. 11. County will be responsible for repair of damages to the pipeline resulting from any County activities. Emergency Plan A. Local Noble Energy, Inc. Representation: District Production Manager Mike Guinn Phone: (970)785-5000 Pipeline Foreman 1: Gary Collins Phone: (970)785-5064 Gathering Line Foreman 1: Donny Frost Phone: (970)785-5018 B. Emergency Contacts &Emergency Organization Contact List The following is a list of NEI personnel and emergency organizations that may be contacted in the event an emergency occurs at pipeline. 1. NEI: The District Production Manager or his representative in charge is responsible for an emergency response at all times All facility emergencies are reported immediately to the appropriate person by the NEI dispatcher or answering service both of which can be reached 24 hours at (970) 785-5000: Mike Guinn - Office Number 24 hours (970) 785-5000 2. City and County Agencies Emergency Type Union Colony Fire/Rescue Authority Fires or spills that cannot be contained by employees Station 7- 911 or(970) 350-9500 Weld County Sheriffs Department Fires and spills not contained within the site 911 or(970) 350-9600 All Emergencies Call 911 3. Emergency Response Procedures 13. The County agrees to indemnify and hold harmless Noble, its successors and assigns, against Page 3 of 5 C\WINDOWS\Temp\nctesD30550¢inal Pipeline Crossing Agreement Weld County.doc any and all losses, claims, damages or liabilities, joint or several, to which Noble may become subject, insofar as such losses, claims, damages or liabilities arise out of or are based upon County's breach of any duties and obligations under the terms or provisions of this Agreement, including but not limited to injuries or death to people and damage to property claims arising out of the administration, supervision, engineering, designing, permitting, bidding and construction of and County shall reimburse Noble for any legal or other expenses reasonably incurred in connection with investigating or defending such loss, claim, damage, liability or action. The District Production Manager has responsibility for implementing the Emergency Response Plan. The implementation of the plan will depend on the type of emergency. The District Production Manager will notify the local NEI office personnel of any emergency which might result in news media coverage. Required notifications and reports to State and Federal agencies shall be handled as applicable by the NEI Denver personnel. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written.A Noble E y, Inc: Joe rn y- -Fact ATTEST COUNTY OF WELD, a political Weld County Clerk to th oa subdivision of the STATE OF COLORADO: By: o Deputy Cler othe 4 CJ '3/452 Sean P. Conway, Chair Pro-Tem Board of County Commissioners, County of Weld AUG 3 1 2011 Page 4 of 5 C:\WINDOWS\Temp\notesD30550\Pinal Pipeline Crossing Agreement Weld County.doc 1311(7,7- �%/i Cc: Eric Scott Division of Reclamation and Mining Safety 1313 Sherman Street, Suite 215 Denver, CO 80203 Page 5 of 5 C:IWINDOWS\TempinotesO30S501Finel Pipeline Crossing Agreement Weld County.doc x cants # rd 'iaaurPua 4uno3 ea :as OtuYTga TToz/Tc/c H pintP =onva plAva :Aa a2iVd22id Z a wirnx Xa :u a H z z o dYN !Id HOIlVSHSV a, �, A a SNHOM. aI'Iglld AJLI�II100 Q'Ia� a w w a �I�I d �III�III/11 NOLLvanddV ,LINIHIad zwo A � c Q T-4 a °Z IT T OZ NOIS2ilAAI00 °O TT T C wz � , aoU } � owcz, c �r "' ict UHoozFo = W � toz aa' zw G � � � aoQIN ` o U w W C firer: .. I 4..r+1 I- W o I, z _ i� Z LLJ il I � h W Z J �. 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R -, ,.,..,.:; - -_, _ . i i 1 11' 1: \,:,,CC: 1 s �' I•� :r BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW RE: Pipeline Crossing Agreement—Ashbaugh gravel pit DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: August 16, 2011 PERSON REQUESTING: David Bauer Brief description of the problem/issue: Public Works wishes to expand the mining permit area at its Ashbaugh gravel pit located southwest of New Raymer. A Noble Energy-owned medium pressure gas pipeline crosses through the Ashbaugh property. The pipe is not in use at the present time. In order to cross the pipeline to access gravel resource on the east side of the pipe, Noble requested that the County sign a crossing agreement that specifies where truck traffic will cross the pipe, and that a gravel "pad" be built to provide additional cover over the pipe. A buffer zone around the pipe will be observed; gravel mining will not expose the pipe. The agreement negotiated between Noble and Public Works and a map showing the Ashbaugh site are attached. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) There are no costs to the County. The County has liability insurance coverage for any possible damages to the pipeline. The requested gravel pad over the pipe at the crossing point will be constructed by County crews. Recommendation to the Board: Public Works recommends the Board sign the pipeline crossing agreement. Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer, Chair Sean P. Conway, Pro-Tern 1 Douglas Rademacher c* 4 1 /1 William F. Garcia C� J �Ac David E. Long Hello