Alaska Administrative Code
Title 11 - Natural Resources
Part 6 - Lands
Chapter 80 - Pipeline Right-of-Way Leasing
11 AAC 80.005 - Applications for right-of-way leases
Universal Citation: 11 AK Admin Code 11 AAC 80.005
Current through August 30, 2024
(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 05.070 or 11 AAC 05.270 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).
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
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