N.H. Admin. Code § En 1503.04

Current through Register No. 45, November 7, 2024

Section En 1503.04 - Contents of Application for Pipeline Crossing License

An application shall include:

(a) Specification of the location of any public waters or any lands owned by this state, or both that are the subject of the application;

(b) Specification by means of coordinates and geographic description of the location of any existing and any proposed pipelines that are the subject of the application;

(c) Identification of the most recent license for any existing pipeline that is the subject of the application;

(d) Identification, including a detailed description, of any existing and any proposed pipelines and casings involved in the crossing, including types and diameters, intended pipe bend radii and stress capabilities along with allowable stress levels, as well as the maximum allowable and intended operating PSIG;

(e) Tables, maps, and prints, including without limitation an overview map and depictions of the profile of the pipeline, and an aerial view showing the entry and exit points of the directional bore and all other relevant information and data necessary to permit the division to act upon the application;

(f) Identification including a detailed description of any existing, unlicensed pipeline, whether or not construction or modification of such is contemplated, that is within the relevant public water or land of this state that is the subject of the application and that would require a license were it to be constructed at the time of the application, stating after due diligence the history of any such unlicensed pipeline and the reasons why it was not licensed previously, as well as the bases for the division to issue a license as to such pipeline in accordance with RSA 371:17;

(g) Specification of all relevant land and water measurements, including but not limited to, the precise locations of the boring entry and exit points specified within a reasonable tolerance, which shall not be exceeded, relevant angles and distances, depths of boring, and the minimum depths to be maintained below ground level or the bed of the public water sufficient to permit the division to act upon the application;

(h) Identification and description of the trenchless boring or trenching methods to be utilized sufficient to enable the division to determine that there shall be no surface water impacts;

(i) Specification of all depths, widths, and distances of any trenchless boring or trenching;

(j) A statement confirming that notice shall be given to the division at least 7 days before trenchless boring or trenching commences and again the day before boring or trenching actually commences;

(k) A statement confirming the use of qualified contractors pursuant to the Natural Gas Pipeline Safety Act, 49 U.S.C. § 60101, et seq. and all regulations promulgated thereunder, as well as compliance with N.H. Code Admin. Rules Puc 506.01, Pipeline Safety Standards;

(l) A statement confirming the use of aboveground pipeline markers to identify the pipeline location with appropriate warnings and company contact information on each side of the crossing;

(m) A statement confirming that any gas mains shall be locatable for future excavations, and the type of tracer wire or other suitable equivalent means of tracing to be utilized;

(n) Frac-out plans, the submission of which may be delayed until no later than 30 days before commencement of construction, shall include:

(1) A statement confirming the utilization of continuous monitoring for possible hydro fracture situations during the boring operation and specification of methods to be utilized;

(2) A statement confirming the utilization of immediate containment measures in the event of a hydro fracture, specification of the methods to be utilized for such containment, and confirmation that the division and NHDES shall be notified immediately in such a hydro fracture event;

(3) A statement confirming the clean-up procedures to be implemented in the event of a hydro fracture occurrence and that the necessary equipment and personnel shall be on site prior to and throughout the boring operation; and

(4) Description of measures taken in advance of any hydro fracture, including without limitation, staffing and equipment on site to prevent or respond to a frac-out event;

(o) A statement confirming compliance with applicable national gas and other relevant safety codes;

(p) A statement confirming compliance with any applicable New Hampshire department of environmental services NHDES wetland, shoreland, and other applicable statutory permitting requirements and notifications;

(q) A statement confirming compliance with any applicable U.S. Army Corps of Engineers (ACOE) regulations, including all applicable licensing, permitting or notification requirements;

(r) Identification of all precautions to be followed to ensure safety to the public during and after the contemplated construction or modification of utility lines;

(s) A statement confirming ownership and responsibility for ongoing maintenance of the pipeline upon completion;

(t) A description of any plan as to which the license for which an application is submitted is a part, and include a detailed statement of why the construction is necessary to fulfill a need for the public, the utility, its ratepayers, or otherwise is required by law, or otherwise is necessary to meet the reasonable requirements of service to the public;

(u) A discussion of any viable short or long-term alternatives to the proposed construction;

(v) A statement of why the license for which an application is submitted may be exercised without substantially affecting the public rights in public waters or state-owned lands;

(w) A description of any existing pipeline and any contemplated construction or modification of pipelines that are the subject of the application, sufficient to enable the division to analyze whether the contemplated construction or modification would be necessary in order to meet the reasonable requirements of service to the public;

(x) A description of any existing pipeline and any contemplated construction or modification of pipelines that are the subject of the application, sufficient to enable the division to analyze whether any substantial impact to the public rights in public waters or state-owned lands would result from the contemplated construction or modification; and

(y) A list identifying all abutters, which shall be filed with the division separate from, but contemporaneously with the submission of, the application and shall be sufficient to enable the division to effectuate notice by certified mail of a license issuance and of a right to appeal.

N.H. Admin. Code § En 1503.04

Derived from Number 19, Filed May 9, 2024, Proposed by #13939, Effective 4/26/2024, Expires 4/26/2034.