Title 11 . Natural Resources

Chapter 80 . (No Regulations Filed)

Section 5. Applications for right-of-way leases

11 AAC 80.005. Applications for right-of-way leases

(a) Applications for right-of-way leases of state land for pipeline purposes under AS 38.35 shall be submitted to the commissioner of natural resources, through the office of the director of the division of lands, on Form DL-10-130.

(b) Form DL-10-130 when completed shall contain

(1) the name and address of the applicant or applicants;

(2) the date of the application;

(3) the points of origin and termination of the proposed pipeline, its total length and its length on uplands in which the state has an ownership interest; the application must be accompanied by a plat or map showing the proposed alignment of the centerline of the proposed pipeline right-of-way which indicates state upland ownership interest throughout the length of the proposed right-of-way;

(4) the location of the proposed pipeline right-of-way crossing the beds of streams or the beds of other bodies of water; the application must be accompanied by a plat or map showing the proposed alignment of the centerline of the proposed pipeline right-of-way where it crosses the beds of streams or the beds of other bodies of water;

(5) the width of the proposed temporary right-of-way required for construction of the pipeline and the width of the proposed right-of-way required for the operation of the completed pipeline for each segment of the pipeline on lands in which the state has an ownership interest and the size and location of any special sites, in addition to the proposed right-of-way, requested either on a temporary basis during the construction of the pipeline or for the operation of the completed pipeline;

(6) a project description describing

(A) the general character of the proposed pipeline, including

(i) the nature of the substance to be transported;

(ii) the diameter of the pipe to be used;

(iii) the size, number and location of pumping, compressor, heating or refrigeration stations, if any;

(iv) the proposed transportation capacity of the pipeline; and

(v) the estimated life of the pipeline;

(B) the special design characteristics of the proposed pipeline, including

(i) the engineering and design characteristics of the pipe to be used;

(ii) the planned temperature of the substance to be transported and whether it will require refrigeration or heating;

(iii) if known at the time of making application, whether the pipeline is planned to be on or above the surface, buried, or both, the methods to be employed for burying any sub-surface portion and any bridges, trestles, other structures or beams for support of the proposed pipeline above the ground; if not known at the time of making application, that the pipeline will be buried or on the surface as dictated by soils and conditions encountered at the time of construction;

(iv) the proposed methods for crossing all streams and other bodies of water;

(v) a description of the method for any proposed grading or cut and fill; and

(vi) the techniques planned for spill or leak prevention, detection and containment;

(C) the planned construction, operation and maintenance support facilities, including

(i) access roads;

(ii) airstrips;

(iii) heliports;

(iv) float plane facilities;

(v) communication facilities;

(vi) equipment and material storage sites;

(vii) material sites; and

(viii) material disposal sites;

(D) the planned human support facilities, including

(i) field camps (size, number, approximate location and extent of duration);

(ii) housing for personnel operating and maintaining the pipeline; and

(iii) health care facilities;

(E) the estimated personnel requirements, including

(i) the approximate number of persons to be employed during the construction period; and

(ii) the approximate number of persons to be employed for the operation and maintenance of the pipeline;

(F) the proposed construction timetable including

(i) the estimated date of construction commencement;

(ii) the estimated time period for construction; and

(iii) the estimated date of the commencement of operation;

(G) estimated costs including

(i) the cost of materials;

(ii) the cost of construction and installation; and

(iii) the annual cost of maintenance and operation;

(7) proposed or feasible interconnections, terminal facilities and storage facilities, including

(A) the nature of any proposed connections with field gathering systems;

(B) the technical and economic feasibility of providing connections with other field gathering systems at intermediate points along the proposed pipeline or the technical and economic feasibility of connections or interconnections with other pipelines at intermediate points along the proposed pipeline;

(C) the location, area and capacity of tank farms or other storage facilities;

(D) the location and description of any terminal delivery facility; and

(E) the technical and economic feasibility of providing delivery facilities at intermediate points along the proposed pipeline;

(8) the plans of the applicant to reasonably prevent, detect and abate conditions which might arise from the construction, operation and maintenance, or termination of all or any part of the proposed pipeline which might cause or threaten to cause

(A) a hazard to the safety of workers or the public health or safety; or

(B) serious and irreparable harm or damage to public or private property or to vegetation or timber, fish or other wildlife populations, or their habitats or natural waters;

(9) the plans of the applicant for rehabilitation of natural resources damaged by the construction, operation and maintenance, or termination of the proposed pipeline;

(10) the plans and procedures of the applicant to protect the interests of the individuals living in the general areas of the right-of-way who rely on fish, wildlife and biotic resources of the area for subsistence purposes;

(11) the plans of the applicant for quality control and the procedures of the applicant for inspection and testing;

(12) the plans of the applicant to ensure that the applicant's contractors and subcontractors comply with the appropriate terms of a right-of-way lease;

(13) an annual financial statement and balance sheet for each applicant for the three fiscal years immediately preceding the date of the application prepared in accordance with generally accepted accounting and auditing principles and certified by a firm of reputable and independent certified public accountants;

(14) the probable financing requirement for the proposed pipeline;

(15) the proposed general contractor, if known at the time of the application; and

(16) the proposed operator of the pipeline, if known at the time of the application.

(c) Upon receipt of an application, the commissioner of natural resources has the authority to require any additional information the commissioner considers necessary or desirable to make the determinations required by AS 38.35.100 and 38.35.110.

(d) The application fee prescribed by 11 AAC 05.010 must accompany each application.

(e) The commissioner will, in his or her discretion, waive the application requirements of (b)(13) and (b)(14) of this section if the applicant applies for a conditional lease under AS 38.35.100 (b), and the conditional lease will be subject to the conditions specified in AS 38.35.100 (a)(5) and in AS 38.35.100 (d) - (f).

History: Eff. 3/3/74, Register 49; am 10/28/83, Register 88; am 1/1/86, Register 96; am 8/16/89, Register 111

Authority: AS 38.05.020 (b)

AS 38.05.035

AS 38.35.015

AS 38.35.020 (a)

AS 38.35.050

AS 38.35.100

AS 38.35.110