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Home My WebLink About20002857.tiff CO-ARE S ON DF',N( iESPON5 DEPARTMENT OF /Al Yt * * * PLEASE RESPOND WITHIN THREE DAYS.* * IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF EXPECTED DATE FOR RESPONSE. O eN iDED .k'i1'I[0N Narrative: • Frec, Pe ¢-rn r-rs MO A)IC C. J GB DH GV BK MG BOARD ACTION: (Initial by Approval) e- ✓ Agree with Recommendation _ Worksession _ mEn_LTHHID OI[' r E S I:)! )N E: Board Action _— Work Session _ Letter (Attached) _ telephone Call No Response (explain) Department ead Signature 6ecatri-ted AYE ( p;intA) RSL„ LA St„ I , ' AWBAROLAOPMAN\RDCO'Af 2 I :NO-2 .7 ��1:( Coastal The Energy People • . . . October 6i° , 2000 • Re: Medicine Bow Lateral Loop Docket Number CP00-471-000 Dear Landowner, Wyoming Interstate Company, Ltd. (WIC) is a natural gas transmission company and transpo'ts natural gas from suppliers in Wyoming and other parts of the Rocky Mountain region to markets in Colorado, Kansas, Oklahoma, Texas, Utah, and Wyoming, and to other natural gas transmission systems with access to other parts of the nation. As a natural gas transmission company, WIC is regulated by the Federal Energy Regulatory Commission (FERC). WIC is proposing to construct a new 36" natural gas pipeline, designated as the Medicine Bo'v Lateral Loop, that will extend from WIC's existing Douglas Compressor Station site in Sectic n 33, Township 33 North, Range 73 West, Converse County, Wyoming, southeasterly, then southerly parallel to WIC's existing 24" natural gas pipeline, to the point of termination at WIC is existing Cheyenne Compressor Station in Section 5, Township 11 North, Range 66 West. Weid County, Colorado. In addition, WIC proposes to install an additional 14,000 horsepower of compression within the existing Douglas Compressor Station site in said Section 33, Township 33 North, Range 73 West, Converse County, Wyoming. Construction on this pipeline and the related compressor station is expected to begin in May 2001 and be complete in November 2001. County records indicate that this project will affect land that you own. A map of this proposed project is included herein WIC has filed an applicxion with the FERC for a Certificate of Pub is Convenience and Necessity to construct this project. FERC has assigned this project Docket Number CP00-471-000. Any correspondence or contacts you may have with FERC should reference this number. As indicated above, county records indicate this project will affect property you own. You should have been contacted previously to arrange for survey of the project boundaries, as well as for studies needed for the application wash FERC. In the near future, WIC representatives wi'I contact you to obtain an easement across your land to construct this project. As a landowner along this proposed project, you may register your comments and concerns with the FERC. This can be done informally as a commentor by contacting FERC by phone, letter or e-mail, or it can be done in a more formal manner as an intervenor. As a commentor, you will be able to voice your views at any point during the application process and will be placed on FERC's mailing ist to receive project related materials. As an intervenor, you will have official standing, but will have a more formal involvement in the process and will have to follow FERC's regulations. Information on this process and other information on the regulatory process can be found in the enclosed pamphlet prepared by FERC called "An Interstate Natural Gas Facility On My Land'' Wyoming Interstate Company, Ltd. A SUBSIDIARY OF TN!COASTAL CORPORATION F 0 BOX IOB? • COLORADO SPRINGS CO 90944 CC,' f11 ) What Do I Need To Know T' In addition, a copy of the application filed with FERC can be reviewed at the following Public Libraries- one of which should be in your area: Laramie County Central Library, Cheyenne, Wyoming Platte County Public Library, Wheatland, Wyoming Converse County Library, Douglas Wyoming Copies of the application can also be reviewed at FERC's Public Room at 888 First Street NE to Washington, DC. As a natural gas transmission company as defined under the Natural Gas Act of 1938 and unde- the laws of the State of Wyoming, WIC has eminent domain authority. Attached is a summary of legal issues associated with this authority. If you and WIC are unable to come to terms for an easement to construct the proposed project, WIC may commence court proceedings to acquire the land rights necessary to construct its project. For more information in this regard, during the easement acquisition process WIC would recommend you contact an attorney of your choosing. Should you require further information or have questions about this project, you may address then[ with the WIC: representative who contacts you, or, at any time, you may contact: Floyd Robertson Manager. I and Wyoming Interstate Company, Ltd. P. 0. Box 1087 Colorado Springs, CO 80944 (877) 598-5263 toll free, or (719) 520-4455 E-mail tlovdrohertsonh.coastalcorp_com We appreciate you consideration. Yours truly, Floyd C. Robertson Manager, Land /fr Enclosures ADDENDUM As part: of the landowner notification process, the FERC requires Colorado Interstate Gas Company (CIG) to provide a brief summary of the rights the landowner has at the FERC and in proceedings under the eminent domain laws of the state where the property is located. The following descriptions are summaries only and such descriptions should not be construed as legal advice. While the summaries attempt to state correctly a landowner's rights under the laws of each state, any landowner having particular questions relative to his or her rights and obligations should seek advice from an attorney of his or her choice. Eminent Domain A natural gas company's right to use the power of eminent domain to acquire a right-of-way or other lands to locate and construct a pipeline or related facilities on a landowner's property is a statutory right granted by the United States Congress Section 7(h) of the Natural Gas Act confers the right to cbtain property through the power of eminent domain to a natural gas company in cases where the FERC finds the applicant s project to be required by the public convenience and necessity and issues the applicant a certificate. If the certificate holder cannot otherwise reach an agreement with the property owner, then it may exercise the right of eminent domain. It is CIG's policy to negotiate with the landowners in a fair and honest manner to attempt to reach a mutually agreeable resolution of issue necessary to the acquisition of a right-of-way in which to construct and locate the pipeline on a landowner's property, and to avoid proceedings under the eminent domain statutes. Compensation for property obtained by eminent domain is determined by the laws of the state in which the condemnation proceeding takes place. CIG's project will encompass land acquisition in two states: Colorado and Wyoming. Colorado Revised Statutes §§38-1-101 to 38-1-122 govern an eminent domain proceeding filed in Colorado. If you own property in Colorado you may have certain rights, including, but not limited to, the right to: notice that a condemnation action has been filed; a hearing before a judge; have your property appraised by an appraiser of your choice;just compensation for the taking of your property (the amount of just compensation can be determined at your choice oy a judge or a jury or a board of three disinterested commissioners); and an appeal of a final decision to a higher court. Wyoming Statutes §§1-26-501 to 1-26--`16, 1-26-701 to 1-26-713, and 1-26-814 govern an eminent domain proceeding filed in Wyoming. If you own property in Wyoming you may have certain rights, including, but not limited to, the right to: notice that a condemnation action has been filed; a hearing before a judge; have your property appraised by three disinterested appraisers appointed by the court; a hearing to establish the value of the just compensation for the taking of your property to be tried to a judge or a jury; and an appeal of a final decision to a higher court. I � 103W R73W RPM RID. 444W R89W ,OR. �,j zit * .. 'CYta R.I. . "c .e — II � Y _ .o aria' i r•r- W slier/�. t M f '—,u sw.v„.r--- R ,-- .nm —Naze RsuJ r des -2:r \ / J'. _ ]w M j • ✓ •AR.YR '',4 —� -- ran R. anal amnia m ..f'-- • -s'.r,/ frw.aa �.-_/ '1 en, ICI9 o. .ri je an I 1 +cR• . � ...,e.....▪ . — f F ��/-gmtz,-"= i I-al✓— �- 'rrr 1' - { '£" f III a. /v..---,=, r — wr ir / �. " °� LEGEND - WW e.. '�" PROPOSED J'..PE_INE 1, I -..4.,-..m.,..- -.....gym 'ss_ ,-• - - - »w",. i "r"2s- E mow... J '5'--a.w4"`. Kv o ; ay Da. 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A e want you to know: .• How the Commission's procedures work; :• What rights you have: • How the location of a pipeline or other facilities is decided; and • What safety and environmental issues might be involved. BACKGROUND The Commission approves the location and constuction of inter- state pipelines, facilities and storage fields involved in moving natural gas across state boundaries. These pipelines crisscross the United States, moving nearly a quarter of the nation's energy long distances to markets in 48 states. They are vital to the economy. Associated with the pipelines, other above-ground ikilities such as taps, valves, metering stations, or compressor stations may be involved. In the case of a natural gas storage field, there may be storage field pipe- lines and wells, or the company may only need subsurface storage rights to your property H.a proposed pipeline route is on, or abuts, your land, you will prob- ably first learn of this from the company concerned as it plans and stud-. ies the route. Once a company files an application for approval (a certifi- cate) to build a pipeline project. it will mail you a copy of this brochure and other information (within three days of the Commission assigning a docket number) The Commission staff prepares an env'ronmental study of the proposal For major construction projects, local media may be notified and public meetings may be scheduled. You will have an oppor- tunity to express your views and to have them considered. You will also have the opportunity to negotiate with the pipeline and to learn the views of other interested parties. The Commission may approve the pipeline, with or without modifications, or reject it. 12 it is approved and you fail to reach an easement agreement with the company, access to and compen- sation for use of your land will be set by a court. Understandably, the location of pipelines and other facilities raises urgent questions l'or landowners. The Con-mission's process for assess- ing pipeline applications is open and public, and designed to keep all parties informed. This brochure generally explains the Commissions certificate pro- cess and addresses some of the basic concerns of landowners. The Commission's Office of External Affairs a: 202/208-1088 will be happy to answer any further questions about the procedures involved. You may also check the Commission's Internet website at www.terc.fed.us. MOST ASKED QUESTIONS HowD Process Begins Q' How do 1 make my views known'? the A: You may contact the company through the ,on- tact person listed in the notification you ce en.e Q: How will I first hear about proposed facil- from the company. ity construction? There are two ways to make our i, ews A: You will probably first hear of the project from known to the Commission: first. it yot -vant the pipeline company as it prepares environ- the Commission to consider your yaws rt the mental studies required for the Commission various environmental issues invoked i the application. It is also possible that the com- location or the facility, you can do so b. -am- pany may seek to obtain an easement from you ply writing a letter. The Commission alder- prior to filing the application. In the case of a takes several levels of environmental waft:- compressor station, the pipeline company will sis. You may comment at any stage n th.s pro- often seek to purchase, or obtain an option to cess. Details are available H Horn the purchase, the property it wishes to use for the Commission's Office of External \t] nits at station. This usually occurs prior to the filing 202/208-1088. Check the Corn nist.n in's of the application. website for details on tiling electronica H. By For a storage field, rights on certain par- filing comments, your views wi'.l ne ertsid- eels of land may only involve subsurface stor- ered and addressed in the environmental coca- age rights. ments or a final order. Additionally vr•a will The company will also notify you of the be placed on a mailing list to reci ne er v ron- tiling of the application with the Commission. mental documents in the case. Q: How can I obtain more details about the Q And the second way? company's application? A: You may tile to become what is knowr as an A: A copy of the company's application can be intervenor This is not complicated anc gives obtained from the company if you are an inter- you official rights and responsibilities, hut it venor (see next two questions and answers), is a more formal involvement and you ',vtll he although the company is not obligated to pro- required to follow Commission regulations. vide voluminous material or material that is You may obtain instructions from the t)ftice difficult to reproduce. You may also obtain a of External Affairs. As an intervenor, vow will copy for a nominal copying charge from the receive the applicant's filings and other ( om- Commission's Public Reference Room. Call mission documents related to the case and ma- 02.208-1371 For details. Fhe application may terials filed by other interested parties.Y ai will also be obtained through the Commission's also be able to file briefs, appear at hearings website, www.Lerc.fed.us_ using the "RIMS" and he heard by the courts if you choose to link and the project's docket number. User as- appeal the Commission's final rul:ma. Yo I must sistance is available at 2021208-2'22. Within file for intervenor status within 21 days o- our three days of assignment of a docket number, notice in the Federal Register of the pipel ine's the application will also be available in at least application, although this may he w an ed un- one location in each county in which the facil- der certain circumstances, such as the ciscov- itv is located. ery of em ironmental concerns. You mix also file for intervenor status for the purpc-ses of environmental issues during the comment pe- riod for a draft environmental impact state- ment. But as an intervenor. you 'x'll :.Iso he obligated to give copies of what yet, fiI.. to af: the other parties. In major cases, there may he hundreds of parties. • Key Issues Involving Q: How a large is the right-of-way and how is it maintained? A: it is generally 75 to 100 feet wide during c n Pr oject of the [ roject struction, although extra space is usually quired at road or stream crossings or because soil conditions. Q: How is the pipeline route, compressor sta- The permanent right-of-way is usual] , alit�u lion or storage field location selected? 5`) feet wide. Routine vegetation maintenarce is done no more than once every three years. A: The pipeline company proposes the route or lo- n-foot-wide corridor,centered on the pmelrc cation, which is then examined by the Commis- may be maintained annually. sign.The applicant must study alternative routes or locations to avoid or minimize damage to the environment,and the Commission, intervenors, Q: How large is a compressor station or a stor- or any commenter,may suggest alternatives and age field? modifications. The effects on buildings. fences, A: sually the pipeline purchases ten to for t> ac c� crops, water supplies, soil, vegetation. wildlife, for a compressor station, of which about fv, air quality,noise,safety, landowner interests,and acres are actually used for construction A st more, are taken into consideration. The Com- ate field could encompass many hundreds e- mission also considers whether the pipeline Jan even thousands of acres, depending on he gte-- be placed near or within an existing pipeline, logic structure. Storage fields also frequen•t power line, highway or railroad right-of-way. include a buffer zone or protection area for • Storage fields are usually located in depleted rig a halo of some hundreds of acres t:nouyc oil or natural gas production fields or in salt de- rig the storage field itself: posits. Therefore, their location is fixed by geo- logic conditions. However, the facilities needed to develop and use a storage field can be moved Q: Must the company obey local, county and to some extent. state laws and zoning ordinances? A: Generally, yes If there is a conflict, hove' Q: How do pipelines obtain aright-of-way'' between these ordinances and what he Co r - mission requires, the Commission regwrem:t t A:: In the first instance, they negotiate with land- stands. owners who are compensated for signing an easement document. Landowners may be paid for loss of certain uses of the land during and Q: How close can I build to the facilities? after construction, loss of any other resources, A: F or a pipeline, usually up to the edge of the rig Pi- and any damage to property. If the Commission cf-way. approves the project and no agreement with the For a compressor station, the site is usu. II v landowner is reached, the pipeline may acquire e wned by the company. If you own property ac:- the easement under eminent domain (a right f acent to the site, you may build on it given to the pipeline company by statute to take i e private land for Commission-authorized use) For storage fields, unless there are ;a ta- cilities, you may build anywhere on the stirrer. with a court determining compensation under If you or someone else wishes to drill w:lli state law. which would penetrate the storage tormahrtc. you must coordinate that activity with the ct ni- pany, and usually the state authority regu a - Q: Who pays taxes on the right-of-way? ing well drilling. A: The landowner pays taxes on the right-of-way unless a local taxing authority grants relief.The pipeline simply has an easement across a por- tion of the land. Q: What about bushes, trees, fences and so Q: If a company abandons a pipeline, can it forth? keep an easement on my property? A: Trees with roots that may damage the pipeline A: It depends on the terms of the easemi n: and or its coating and other obstructions that pre- may be subject to negotiation between ft 2 iand- vent observation from aircraft during mainte- owner and the pipeline company Hance are usually not allowed. Otherwise, this If there is more than one pipeline. t must is subject to negotiation as long as pipeline keep the easement. maintenance and safety are not affected. Q: Will I be notified if abandonment is pro- Q: How long will the right-of-way be there? posed? A: Part of it is temporary and will be restored im- A: You will probably be notified by the co npaim mediately after construction. The permanent if it proposes to relinquish the easement as pan right-of-way will remain in perpetuity until the of the abandonment and the easements not Commission determines it may be abandoned being transferred to another company_ t ither- by the pipeline company. wise, you may be notified by the i_omcussion as part o` the environmental analysis rf the project. Q: In general,will I still be able to use the right- of-way? A: The easement agreement will specify restricted �rt�r aee1 7s uses on or across the right-of-way and any types J 6[L of uses for which the company's permission must be sought. The continuation of past agri- Q: What will happen to my property if a stor- cultural uses and practices on or across the age field is located beneath it? right-of-way would be permitted. Buildings A: Possibly nothing, since the storage fed itself and large trees are usually not allowed. Spe- is usually thousands of feet beneath the 'ound cial uses or activities that might have an im- surface. l the company proposes 10 C( n,truc' pact on pipeline design (such as planned log- field pipelines or a compressor statism h , ear- ging roads or drain tiles t should be negotiated tier discussion applies. with the pipeline company to minimize future Wells are needed to infect and w +draw con licts. the stored natural gas or to momtor field con- ditions (observation wells). The wells require a surface site of roughly an acre fhr It lhn_ and less than one tenth of an acre for t rat stir Other Property Issues face wellhead piping and other fan: liti Ifthere are no facilities to be :orb ti acted on your property, the company wt I on,y need Abandonment the storage rights to the geologic f.,nn,t.t on in which the natural gas would be stored I his is Q: If the pipeline is being abandoned will it be also the case for any property wnhtn an des- removed from my property? ignated --buffer zone" or "prote:.tiv area A: The Commission may decide there are envi- around the actual storage field. ronmental or other conditions that should de- termine the disposition of the pipeline. If not, the easement agreement which you or previ- ous owners of the land signed may stipulate whether the pipeline is to be removed. You may also come to some agreement with the com- pany on what they will do with the pipeline. Usually, above-ground facilities are removed. The Responsibilities of Q: Can the company place more than one pipe- line on my property? Can the pipeline and the easement be used for anything other Gas Companies than natural gas? A: This is subject to negotiation. Ile l omn u- Q: Must companies post bonds to guarantee Sion grants a certificate and states that cm nent domain may only be used for the proposed performance? A: No, but the Commission inspects the right-of_ pipeline and related facilities in the exact � - ed way during and atterconstruction to ensure that cation ga and only for the uanspur.r:- the terms of its certificate have been met. t:on of natural gas. You may agree to otter uses. Can the pipeline company come on my land Q: Can the company construct above-ground Q: p p p ,� facilities on the right-of-way? without my permission. A: Yes, the company may construct any abo c- A: State or local trespass laws prevail until a cer- eround facilities approved by the certificate�.nd tificate is issued by the Commission. Once a may construct certain auxiliary facilities for he certificate is issued or an easement%survey purpose of more efficient or economi:al ir- agreement or court order is obtained, the cum- erasion of the pipeline. pany may come onto your land. Usually the company will notify you in advance Q: flow close can the pipeline be to other pipe- hoes or utility facilities? Q: When can they start to build? A: Construction cannot commence until the Com- underground structure and h A: Pipelines must be at least one foot from an. mission issues a certificate and the applicant ua to three �rt I accepts it. For most large pipelines, the time below ground. Companies usually want der pipelines to be 25 feet from another pipcin•.•_ from filing an application to approval ranges If space permits, pipelines can be placed la from one year to two years. Once a certificate another utilitc's right-of-way. is issued, construction usually starts within a few weeks of the company completing any out- standing studies or meeting other preconditions Q: Can I receive service from the pipeline? set by the Corrunission. A: No, not in most cases. Generally speaking, a:- um-state pipelines are long-distance transport- Q: Why would the company approach me be- e'rs operating at pressures different from th rue of your local distribution companies, which .ire fore the project is approved? their customers. A: Because of planning and lead time the com- pany will try to obtain easement agreements in advance. Also, a company must conduct en- Q: Can a pipeline be placed in a river or the vironmental studies before it tiles an applica- tion with the Commission. For these studies ocean'. to be as complete as possible,the company will mental, cost, design and safety issues. A: Yes, although this raises a number of envu n- try to obtain access to all of the proposed right- of-way If approval is ultimately denied, or the route changes, the initial easement agreement with the landowner is usually void (depending on the wording of the right-of-way or access contract). Further, disputes over the wording of an easement agreement are subject to state law. Important Safety Issues mized. It will either be excavated and s.udied or the pipeline will be rerouted to ay MI it. Landowners who want them usually are per- mitted to keep any artifacts after they arc rmp- Q: Who is responsible for safety? erly studied, subject to state law A: The U.S. Department of Transportation i DOT) is responsible for setting the federal safety stan- dards for natural gas (and other) pipelines and Q: Environmental studies were mentioned ear- related facilities.. The Office of Pipeline Safety lien Flow do they work? at DOT can he contacted at ?01'366-4566 or A: A Notice of Intent (NOI) to prepare an cnvi- atUv,v dot.eov ronmental assessment ([A) or an cn'.mit rico- tal impact statement (EIS) is issued to! nost major proposals. It is sent to federal, star c and Q: Are pipelines safe? local agencies, local media and lihrtuics i nv1- A: Accidents are rare and usually result from out- ronmental groups, and, where the Comm n esign side forces or unauthorized action by some- is able to identify them, the owners a man,, land one other than the pipeline company.The DOT that would be crossed. For some male.r o eels enforces strict safety standards and requires the NO1 may announce a schedule of public safety checks. meetings along the proposed route (hi NOI seeks comments from interested parties ri the scope of the environmental. document, aril the Q: How soon after construction will the corn- comments must be submitted to 'he Co n nis- pany restore the land? sion normally within 30 days. A''rci' the cm- A: As soon as the trench is filled and weather per- ment period, the Commission wi I prep u c an mits. EA or a Draft EIS outlining its firdin; s and recommendations. For major proposals. ' rther comments are sought during 45 days a l fitted Q: Does natural gas smell? for review of a Draft EIS or 30 days in tI c case A: Natural gas is odorless An odorant is gener- of an EA. These comments are addres t d in ally added for safety purposes in more popu- the Final F IS or the final order graining )- Be- lated areas on interstate transmission pipelines nying the pipeline a certificate. and in local distribution pipelines in accor- dance with DOT safety regulations. Further Environmental Issues Q:: What if my property contains endangered species, wetlands, or archeological sites? A: Endangered species must be protected from the effects of construction and this could af- fect the location of the pipeline or other facili- ties. In the case of wetlands, if proper cross- ing procedures are used and no alternatives are available,they may be used for a pipeline right- of-way. If an archeological or historic site is eligible for listing in the National Register of Historic Places, impact to it must be mini- For additional information, contact: Federal Energy Regulator/ Commission Office of External Affairs 888 First Street, NE Washington, DC '0426 202/208-1088 wlr w.fere.fed.us Enforcement Hotline: 202/208-1390 toll free: 877/3034340 Other related FERC documents: Guidance Manual Jor Environmental Report Preparation Guidelines for Reporting On Cultura, Resources Investigations Handbook for Using Third-party Contractors to Prepare Environmental Assessments & Environmental Impact Statements Interim Guideline for Applicant-prepared Draft Environmental Assessments Upland Erosion Control. Revegetation and Maintenance Plan Wetland and Waterhodv Construction and Mitigation Procedures The above documents are available at: http://www.ferc.fed.us/gas/environment/gidlines.htm [-FEBRUARY 2011 1 Hello