Planning and Zoning Commission
Sacagawea Pipeline Co, LLC – Crude Oil Pipeline
Conditional Use Permit
Application:
Hearing Date:
Description:
Owner(s)/Applicant:
Reason for Request:
Conditional use permit request for a 14 mile crude oil pipeline, known as
the Johnson’s Corner Connector.
January 11, 2016
Pipeline will originate at Paradigm’s Keene Delivery point Oil Storage
Facility, in Section 13, Township 150N, Range 95W and terminate
approximately 2 miles east of Johnson’s corners, in Section 22, Township
151N, Range 96W.
Owners: Sacagawea Pipeline Company, LLC
The applicant desires to build a crude pipeline approximately 14 miles long,
with the goal to improve the transmission of petroleum extracted in the
region.
Comprehensive Plan Land Use: Agricultural
Zoning: Agricultural
Findings of Fact:
1. All requirements for public notification have been satisfied.
2. Staff has not received any phone or written comments on the proposal.
3. Staff has not received any comments from any adjacent property owners.
4. All affected State agencies have been notified of the project and have received their respective
project applications. No objections to the project have been provided by the applicable State
agencies.
5. Part of this line is located in the Blue Buttes and Grail Townships and they have both given a
recommendation to approve.
Conditional Use Permit Criteria:
No conditional use permit shall be recommended by the Planning Commission or approved by
the County Commission unless the applicant shall have met all the following criteria:
a. The establishment, maintenance, or operation of the conditional use shall not be
detrimental to or endanger the public health, safety, comfort or general welfare.
Although public health could potentially be harmed if the line were to have a leak or break, it is a
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Planning and Zoning Commission
very unlikely event. Measures have been taken to avoid leaks or breaks, as the project will comply
with applicable State regulations. Further, an emergency plan has been put in place and approved
by the County’s emergency manager, in the chance that a leak or break in the line would occur.
b.
The proposed conditional use shall not substantially impair or diminish the value and
enjoyment of other property in the area.
Once construction is complete, the land will be remediated back to its natural state and
therefore will not impair or diminish the value or enjoyment of the property in the area.
Adjacent areas will be reverted back to the original state.
c. The proposed conditional use shall not impede the normal orderly development of the
surrounding property.
Again, once construction is complete the land will be remediated back to its normal state and
will not impede the normal development of surrounding properties. Agricultural use adjacent
to the pipeline easement will not be impeded.
d. Adequate utilities, access roads, drainage or other necessary site improvements have been or
are being provided to accommodate the proposed conditional use.
Utilities, access roads, and drainage will not be a concern, as these pipes will be buried.
e. Adequate measures will be taken to provide ingress and egress to the property without adverse
effects on the adjoining properties and traffic congestion in the public street.
Once in place, this transmission line will not create any of the mentioned items of concern.
Temporary impacts may be caused during construction, but compliance with all County and State
road restrictions will minimize potential impacts.
f.
The proposed conditional use shall conform to all applicable regulations of the district within
which it is located.
The proposed use is a conditionally allowed in the agricultural district.
Comprehensive Plan Consistency:
The subject land area is designated in the land use plan as agricultural. Once construction is
complete, the land will be reclaimed back to its normal state and will be compatible with adjacent
agricultural land use surrounding the pipeline.
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Planning and Zoning Commission
Staff Recommendation:
Staff recommends that the conditional use permit be recommended for approval based upon the
finding in the staff report and the conditions as provided in the staff report.
Suggested motion: “Recommend approval of the conditional use permit to the County Commission to
allow a 14 mile crude oil pipeline. Adopt the findings and conditions as provided in the staff report.”
Conditions:
1. The applicant shall obtain a building permit for any proposed structures within the proposed
development.
2. The applicant shall not deposit any snow or water onto neighboring properties and dispose of
storm water onsite through an approved engineering method. Additionally, the applicant shall
design the storm water and culvert system to convey a 25 year event.
3. The applicant shall maintain adequate weed control.
4. The applicant shall maintain adequate garbage control during construction.
5. The applicant shall share all final approvals and continuing approvals/reviews with all
County/State/Federal agencies as they are obtained or altered, along with any violations and as it
relates to this conditional use approval for the County permit file.
6. The applicant shall continually control dust and tracking during construction and operation on site
to not track or create a nuisance to the neighboring property owners and the traveling public.
7. All lighting on site during construction shall be downward facing and shall not glare on adjacent
property owners or the public travel ways.
8. The applicant shall reseed the corridor with appropriate grass mixture to minimize erosion and
level the pipeline easement area after installation of pipeline.
9. An approved emergency plan should be submitted and updated with the county Emergency
Manager and Zoning Enforcement Officer (annually) for this pipeline so that emergency
responders understand what is present onsite and the risks that they would face during response
to an incident.
10. All above-ground facilities, such as pipe valve stations or electrical and communication buildings
shall be painted earth tone colors to better blend in with the surroundings.
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Planning and Zoning Commission
11. The applicant’s conditional use permit will be reviewed by the planning staff on an annual basis to
ensure conformance with the conditions of approval. If conditions are not adhered to, then the
permit can be placed on the County Commission agenda for revocation. The applicant is
responsible for notifying the planning department of its compliance annually (January 1st of every
year).
12. If the applicant obtains any easements through condemning land and/or eminent domain, the
approval will be reversed and the applicant will be responsible for getting a new approval from
the planning/zoning and County Commissions.
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Planning and Zoning Commission
Pipeline Overview
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