CONDITIONS UNDER AMENDMENTS. A. Conditions related to EFSC Rules at OAR Chapter 345 Division 27 1. Prior to any amendment that changes the site, NWN shall submit to the Oregon Department of Energy (ODOE) a legal description of the Project site to be appended to the Site Certificate prior to construction. [Amendments 4, 8] 2. The Project shall be designed, constructed, operated and retired: a. Substantially as described in the amended Site Certificate; b. In compliance with the requirements of ORS Chapter 469, applicable Council rules, and applicable state and local laws, rules and ordinances in effect at the time the Council issues or amends the Site Certificate; and c. In compliance with all applicable permit requirements of other state agencies. [Amendment 4] 3. No construction, including clearing of a right of way, except for the initial survey, may commence on any part of the facility until the certificate holder has adequate control, or has the statutory authority to gain control, of the lands on which clearing or construction will occur. [Amendment 4] 4. NWN shall, to the extent practical, prevent any condition from developing on the Project site that would preclude restoration of the site to a useful condition. [Amendments 4, 10] 5. NWN shall restore vegetation to the extent practicable and shall landscape portions of the area disturbed by Project construction in a manner compatible with its surroundings and/or proposed future use. Upon completion of Project construction, NWN shall dispose of all temporary structures not required for future use and all timber, brush, refuse and flammable materials or combustible material resulting from the clearing of land or from construction of the facility. [Amendment 4] 6. NWN may operate all compressors installed as of January 11, 2008 at full rated capacity.4 [Amendments 6, 10] 7. NWN shall notify ODOE, the State Building Codes Division and DOGAMI promptly if site investigations or trenching reveal that conditions in the foundation rocks differ significantly from those described in the Application for Amendment 6, 8, or 9. The Council may, at such time, require the certificate holder to propose additional mitigating actions in consultation with the Department of Geology and Mineral Industries and the Building Codes Division. [Amendment 6] 8. NWN shall notify ODOE, the State Building Codes Division and DOGAMI promptly if shear zones, artesian aquifers, deformations or clastic dikes are found at or in the vicinity of the site. [Amendment 6] 9. NWN shall submit to ODOE copies of all incident reports involving the certified pipeline required under 49 CFR § 191.15. [Amendment 6, 11] 10. Pursuant to Amendment 11, the permitted daily throughput of the facility is 635 MMcfd. [Amendments 7, 8, 9, 11] 11. NWN shall establish, in consultation with affected state agencies and local governments, monitoring programs as required by the Site Certificate for impact on resources protected by the standards of OAR Chapter Divisions 22 and 24, and to ensure compliance with the Site Certificate. [Amendment 6] 12. If NWN becomes aware of a significant environmental change or impact attributable to the facility, NWN shall submit ODOE as soon as possible a written report identifying the issue and assessing the impact on the facility and any affected Site Certificate conditions B. Conditions related to EFSC Rules at OAR Chapter 345 Division 27 (Amendment 11) 1. The certificate holder shall begin construction of the components authorized by Amendment 11 within two years after the effective date of the amended site certificate. Under OAR 345-015-0085(8), the site certificate is effective 4Amendment 4, issued in 1997, contained a condition limiting total horsepower at ▇▇▇▇▇▇ Station. The Council removed this limitation in 1999 under Amendment 6. No further operating limits apply to compression at ▇▇▇▇▇▇ Station. upon execution by the Council chair and the certificate holder. [Amendment 11 General Standard Condition 1] [Mandatory Condition 345-027-0020(4)] 2. The certificate holder shall complete construction of the components authorized by Amendment 11 within four years of the effective date of the amended site certificate. [Amendment 11 General Standard Condition 2] [Mandatory Condition 345-027-0020(4)] 3. The certificate holder shall submit a legal description of the Amendment 11 site to the Oregon Department of Energy within 90 days after beginning operation of the components authorized by Amendment 11. The legal description required by this rule means a description of metes and bounds or a description of the site by reference to a map and geographic data that clearly and specifically identify the outer boundaries that contain all parts of the facility. [Amendment 11 Mandatory Condition 1] [OAR 345-027-0020(2)] 4. The certificate holder shall design, construct, operate and retire the components authorized by Amendment 11: a. Substantially as described in the amended Site Certificate; b. In compliance with the requirements of ORS Chapter 469, applicable Council rules, and applicable state and local laws, rules and ordinances in effect at the time the Site Certificate is issued; and c. In compliance with all applicable permit requirements of other state agencies. [Amendment 11 Mandatory Condition 2] [OAR 345-027-0020(3)] 5. Except as necessary for the initial survey or as otherwise allowed for wind energy facilities, transmission lines or pipelines under this section, the certificate holder shall not begin construction, as defined in OAR 345-001- 0010, or create a clearing on any part of the site until the certification holder has construction rights on all parts of the site. For the purpose of this rule, “construction rights” means the legal right to engage in construction activities. For wind energy facilities, transmission lines or pipelines, if the certificate holder does not have construction rights on all or parts of the site, the certificate holder may nevertheless begin construction, as defined in OAR ▇▇▇-▇▇▇-▇▇▇, or create a clearing on a part of the site if the certificate holder has construction rights on that part of the site and: a. The certificate holder would construct and operate part of the facility on that part of the site even if a change in the planned route of a transmission line or pipeline occurs during the certificate holder’s negotiations to acquire construction rights on another part of the site; or b. [relates to wind energy facilities and therefore not applicable] [Amendment 11 Mandatory Condition 3] [OAR 345-027-0020(5)] 6. The certificate holder shall prevent the development of any conditions on the site that would preclude restoration of the site to a useful, non-hazardous condition to the extent that prevention of such site conditions is within the control of the certificate holder. [Amendment 11 Mandatory Condition 4] [OAR 345-027-0020(7)] 7. Upon completion of construction, the certificate holder shall restore vegetation to the extent practicable and shall landscape all areas disturbed by construction in a manner compatible with the surroundings and proposed use. Upon completion of construction, the certificate holder shall remove all temporary structures not required for future operation and dispose of all timber, brush, refuse and flammable or combustible material resulting from clearing of land and construction of the facility. [Amendment 11 Mandatory Condition 5] [OAR 345-027-0020(11)] 8. The certificate holder shall notify the department, the State Building Codes Division and the Department of Geology and Mineral Industries promptly if site investigations or trenching reveal that conditions in the foundation rocks differ significantly from those described in Request for Amendment No.
Appears in 1 contract
Sources: Underground Natural Gas Storage Facility Site Certification Agreement
CONDITIONS UNDER AMENDMENTS. A. Conditions related to EFSC Rules at OAR Chapter 345 Division 27
1. Prior to any amendment that changes the site, NWN shall submit to the Oregon Department of Energy (ODOE) a legal description of the Project site to be appended to the Site Certificate prior to construction. [Amendments 4, 8]
2. The Project shall be designed, constructed, operated and retired:
a. Substantially as described in the amended Site Certificate;
b. In compliance with the requirements of ORS Chapter 469, applicable Council rules, and applicable state and local laws, rules and ordinances in effect at the time the Council issues or amends the Site Certificate; and
c. In compliance with all applicable permit requirements of other state agencies. [Amendment 4]
3. No construction, including clearing of a right of way, except for the initial survey, may commence on any part of the facility until the certificate holder has adequate control, or has the statutory authority to gain control, of the lands on which clearing or construction will occur. [Amendment 4]
4. NWN shall, to the extent practical, prevent any condition from developing on the Project site that would preclude restoration of the site to a useful condition. [Amendments 4, 10]
5. NWN shall restore vegetation to the extent practicable and shall landscape portions of the area disturbed by Project construction in a manner compatible with its surroundings and/or proposed future use. Upon completion of Project construction, NWN shall dispose of all temporary structures not required for future use and all timber, brush, refuse and flammable materials or combustible material resulting from the clearing of land or from construction of the facility. [Amendment 4]
6. NWN may operate all compressors installed as of January 11, 2008 at full rated capacity.4 [Amendments 6, 10]
7. NWN shall notify ODOE, the State Building Codes Division and DOGAMI promptly if site investigations or trenching reveal that conditions in the foundation rocks differ significantly from those described in the Application for Amendment 6, 8, or 9. The Council may, at such time, require the certificate holder to propose additional mitigating actions in consultation with the Department of Geology and Mineral Industries and the Building Codes Division. [Amendment 6]
8. NWN shall notify ODOE, the State Building Codes Division and DOGAMI promptly if shear zones, artesian aquifers, deformations or clastic dikes are found at or in the vicinity of the site. [Amendment 6]
9. NWN shall submit to ODOE copies of all incident reports involving the certified pipeline required under 49 CFR § 191.15. [Amendment 6, 11]
10. Pursuant to Amendment 11, the permitted daily throughput of the facility is 635 MMcfd. [Amendments 7, 8, 9, 11]
11. NWN shall establish, in consultation with affected state agencies and local governments, monitoring programs as required by the Site Certificate for impact on resources protected by the standards of OAR Chapter Divisions 22 and 24, and to ensure compliance with the Site Certificate. [Amendment 6]
12. If NWN becomes aware of a significant environmental change or impact attributable to the facility, NWN shall submit ODOE as soon as possible a 4 Amendment 4, issued in 1997, contained a condition limiting total horsepower at ▇▇▇▇▇▇ Station. The Council removed this limitation in 1999 under Amendment 6. No further operating limits apply to compression at ▇▇▇▇▇▇ Station. written report identifying the issue and assessing the impact on the facility and any affected Site Certificate conditions
B. Conditions related to EFSC Rules at OAR Chapter 345 Division 27 (Amendment 11)
1. The certificate holder shall begin construction of the components authorized by Amendment 11 within two years after the effective date of the amended site certificate. Under OAR 345-015-0085(8), the site certificate is effective 4Amendment 4, issued in 1997, contained a condition limiting total horsepower at ▇▇▇▇▇▇ Station. The Council removed this limitation in 1999 under Amendment 6. No further operating limits apply to compression at ▇▇▇▇▇▇ Station. upon execution by the Council chair and the certificate holder. [Amendment 11 General Standard Condition 1] [Mandatory Condition 345-027-0020(4)]
2. The certificate holder shall complete construction of the components authorized by Amendment 11 within four years of the effective date of the amended site certificate. [Amendment 11 General Standard Condition 2] [Mandatory Condition 345-027-0020(4)]
3. The certificate holder shall submit a legal description of the Amendment 11 site to the Oregon Department of Energy within 90 days after beginning operation of the components authorized by Amendment 11. The legal description required by this rule means a description of metes and bounds or a description of the site by reference to a map and geographic data that clearly and specifically identify the outer boundaries that contain all parts of the facility. [Amendment 11 Mandatory Condition 1] [OAR 345-027-0020(2)]
4. The certificate holder shall design, construct, operate and retire the components authorized by Amendment 11:
a. Substantially as described in the amended Site Certificate;
b. In compliance with the requirements of ORS Chapter 469, applicable Council rules, and applicable state and local laws, rules and ordinances in effect at the time the Site Certificate is issued; and
c. In compliance with all applicable permit requirements of other state agencies. [Amendment 11 Mandatory Condition 2] [OAR 345-027-0020(3)]
5. Except as necessary for the initial survey or as otherwise allowed for wind energy facilities, transmission lines or pipelines under this section, the certificate holder shall not begin construction, as defined in OAR 345-001- 0010, or create a clearing on any part of the site until the certification holder has construction rights on all parts of the site. For the purpose of this rule, “construction rights” means the legal right to engage in construction activities. For wind energy facilities, transmission lines or pipelines, if the certificate holder does not have construction rights on all or parts of the site, the certificate holder may nevertheless begin construction, as defined in OAR ▇▇▇-▇▇▇-▇▇▇, or create a clearing on a part of the site if the certificate holder has construction rights on that part of the site and:
a. The certificate holder would construct and operate part of the facility on that part of the site even if a change in the planned route of a transmission line or pipeline occurs during the certificate holder’s negotiations to acquire construction rights on another part of the site; or
b. [relates to wind energy facilities and therefore not applicable] [Amendment 11 Mandatory Condition 3] [OAR 345-027-0020(5)]
6. The certificate holder shall prevent the development of any conditions on the site that would preclude restoration of the site to a useful, non-hazardous condition to the extent that prevention of such site conditions is within the control of the certificate holder. [Amendment 11 Mandatory Condition 4] [OAR 345-027-0020(7)]
7. Upon completion of construction, the certificate holder shall restore vegetation to the extent practicable and shall landscape all areas disturbed by construction in a manner compatible with the surroundings and proposed use. Upon completion of construction, the certificate holder shall remove all temporary structures not required for future operation and dispose of all timber, brush, refuse and flammable or combustible material resulting from clearing of land and construction of the facility. [Amendment 11 Mandatory Condition 5] [OAR 345-027-0020(11)]
8. The certificate holder shall notify the department, the State Building Codes Division and the Department of Geology and Mineral Industries promptly if site investigations or trenching reveal that conditions in the foundation rocks differ significantly from those described in Request for Amendment No.
Appears in 1 contract
Sources: Site Certification Agreement