Drainage District Utility Permit Application

CROSSING OF OPEN DITCH FACILITIES.

Utility crossings shall be constructed as follows, as directed by the designated representative of the Drainage District:

1. Passage of installation in a horizontal plane five feet (5’) below design grade of drainage ditch, as established by the Drainage District representative.
2. The above depth to extend to a point two (2) times the design base width of ditch either side of centerline of drainage ditch (measured along the centerline of utility) unless the existing base width is greater than the design bases width. If the existing base width is greater than the design with, the depth is to extend to a point two (2) times the existing width.
3. The rate of slope for transition from normal utility laying depth of crossings of drainage ditches shall not be steeper than 4:1.
4. If such ditch crossings occur at points of outlets of Drainage District or private tile lines or within twenty-five feet (25’) of said outlets, such outlets must be relocated to a point not less than twenty-five feet (25’) from such crossings. Such relocations shall be at the expense of the Applicant and as directed by the representative of the Drainage District.

CROSSING OF DRAINAGE DISTRICT TILE LINES

Utility crossings shall be constructed as follows, as directed by the designated representative of the Drainage District:

1. All proposed installations must be placed under the existing Drainage District tile lines. These requirements may be waived only upon the review by and approval of the designated representative of the Drainage District. Such waiver must be in writing.
2. A minimum of one foot (1’) clearance below existing Drainage District facilities must be maintained.
3. At all crossings of Drainage District tile lines with the proposed utility, one of the following must be used:
   1. Replace Drainage District tile with reinforced concrete pipe of same or larger diameter than existing tile. Concrete pipe to be 2,000 D strength (Iowa Department of Transportation approved) with standard tongue and groove joints. Pipe to have a minimum of three (3) bolt-type connectors at each joint.
   2. Replace Drainage District tile with cathodic protected corrugated metal pipe. Diameter of corrugated metal pipe to be a minimum of two inches (2”) larger than outside diameter of tile line being replaced. (Specifications regarding gage, cathodic protection and other details to be subject to review and approval.)
   3. Dual wall plastic with specific approval of Drainage District representative.
   4. Bore new utility installation; maintain existing tile in an undisturbed state.
4. The length of tile to be replaced by any of the above alternates is as follows:
   1. Eight-inch (8”) tile and smaller: Six feet (6’) either side of centerline of proposed installation, measured at right angles to the centerline of installation.
   2. Ten inch (10”) tile and larger: Ten feet (10’) either side of centerline of proposed installation, measured at right angles to the centerline of installation.
5. At all crossings of Drainage District tile lines where the Drainage District and private tile lines are damaged by the construction, maintenance or repair of Applicants installation shall be repaired as directed by the Drainage Districts designated representative.
6. This permit is subject to existing regulations and statutes of the State of Iowa and future regulations, which may be promulgated or enacted.
7. This application is subject to revocation by Hardin County, if in its judgment it is necessary for legitimate purposes. In such event, written notice shall be provided to permit holder.
8. Applicant agrees to pay all other legitimate costs, fees and expenses associated with its crossing of the Drainage District facility, including but not limited to, publication costs, engineering costs and legal service costs. Said costs will be paid within thirty (30) days of the mailing of the statements to the Applicant.
9. Applicant agrees to provide a copy of as-built plan of the utility route and location, showing route changes that may have taken place during construction.
10. Applicant agrees to include a copy of these requirements to all bidding specifications; or if the construction and installation contract has been let by the time this permit is approved, Applicant agrees to provide a copy of these requirements to the contractor and to advise them that they are bound by the terms of these requirements.

SECTION II - WIND TURBINE REQUIREMENTS

1. This section shall apply to commercial wind turbine applicants defined in Hardin County Ordinance 29, Article XXIII.
2. Section 1, Standard Requirements, shall also apply, but to the extent the requirements of Section II herein are incompatible with those in Section 1 herein, Section II shall apply.
3. Prior to approval and issuance of a permit, applicant first shall obtain conditional approval from the Drainage District. The conditional approval shall be for each proposed site and shall require the applicant and the Drainage District to enter into an agreement containing the following terms: (1) At applicant's expense, and at District's direction and conditions, applicant shall televise the District Tile that may be impacted as determined by the District; (2) The applicant shall enter into a damages agreement with the District, per site, that: a. allocates to the applicant a percentage of fault for resulting damages to the Drainage District facilities; b. establishes damages based on replacement cost to the Drainage District; c. establishes a damage deposit; and d. requires the applicant to pay the Drainage District legal fees related to the agreement, including enforcement.
4. No permit shall be approved or issued without first entering a damages agreement as set forth in the previous paragraph. A permit will also include the following requirements:
5. At District’s discretion, under the District’s direction and conditions, and at applicant expense, applicant shall televise the District tile before and after a turbine’s construction to review tile conditions.
6. Applicant shall use GPS to map crane walks and ingress and egress of all vehicles and equipment with a gross weight of 8,000 lbs. or greater, and shall provide this data to the District in a format approved by the District.
7. Applicant shall maintain a two hundred (200) foot setback from the outside of the turbine’s footing to any District facilities, including open ditches, to allow for repairs to Drainage facilities.
8. At applicant expense, the District shall designate at its discretion an engineer/technician that the applicant shall allow to be present to observe any and all aspects of construction. These costs shall not be passed on to the landowner or District.
9. Wind turbine underground accessory facilities, feeder lines and cables shall be bored under District facilities at a depth approved by the District.
10. Applicant shall use the District engineer and local contractors approved by the District for all work pertaining to tile televising/inspection, repair and replacement. The District shall maintain a current price list for local contractors’ services and rates and shall be provided at the applicant’s request.
11. Any time a wind turbine undergoes changes, re-powering or re-blading, or any service to the turbine that requires a crane walk, the site will need to be re-televised as required in subparagraph “A” above, as well as new GPS mapping as required in subparagraph “B” above.
12. The District has the authority to enter upon the land and service any District facilities at any time, with or without the consent of, or prior notice to the applicant. The applicant is responsible for any cost increase experienced by the District for service and maintenance of District facilities due to a wind turbine and turbine accessory facilities and lines.
13. The applicant shall pay any legal costs, including reasonable attorney fees, incurred by the District related to any disputes or enforcement of these permit requirements.
14. The term "Applicant" shall mean the permit applicant, the applicant's agents, heirs, successors, assigns, and facility owners.

SECTION III – HAZARDOUS LIQUID PIPELINE / PRESSURIZED PIPELINE REQUIREMENTS

1. This Section shall apply to applicants related to the installation of hazardous liquid pipelines / pressurized pipelines (collectively referred to herein as “Pipelines”).
2. Section I above shall also apply, but to the extent the requirements of Section III herein are incompatible with those in Section I herein, those in Section III shall apply.
3. Prior to approval and issuance of a permit, applicant first shall obtain conditional approval from the Drainage District. The conditional approval shall be for each proposed site and shall require the applicant and the Drainage District to enter into an agreement containing the following terms: (1) At applicant’s expense, and at District’s direction and conditions, applicant shall televise the District Tile that may be impacted as determined by the District; (2) The applicant shall enter into a damages agreement with the District, per site, that: a. allocates to the applicant a percentage of fault for resulting damages to the Drainage District facilities; b. establishes damages based on replacement cost to the Drainage District; c. establishes a damages deposit; and d. requires the applicant to pay the Drainage District legal fees related to the agreement, including enforcement.
4. Upon approval of the application, and prior to the commencement of any construction, the Applicant is required to pay a prepaid inspection fee made payable to County Treasurer’s Office. The prepaid inspection fee shall be equal to $10,000 per crossing of any of the Drainage District’s facilities (by way of illustration, if an application includes a scope of work that would result in crossing over the Drainage District’s tile in three (3) locations, the prepaid inspection fee would be $30,000). Within thirty (30) days after completion of the installation, the Drainage District or its designee shall remit any unused portions of the prepaid inspection fee to the Applicant, along with a statement for services rendered. Inspection fees and cost in excess of the prepaid inspection fee are the responsibility of the Applicant.
5. No permit shall be approved or issued without first entering a damages agreement as set forth in the previous paragraph. A permit will also include the following requirements:
   At District’s discretion, under the District’s direction and conditions, and at applicant expense, applicant shall televise the District tile before and after the Pipeline’s construction and land restoration to review tile conditions.
   Applicant shall use GPS to map ingress and egress of all vehicles and equipment with a gross weight of 8,000 lbs. or greater, and shall provide this data to the District in a format approved by the District.
   Applicant shall maintain a two hundred (200) foot setback from the outside of any above-ground Pipeline facility to any District facilities, including open ditches, to allow for repairs to Drainage facilities.
   At applicant expense, the District shall designate at its discretion an engineer/technician that the applicant shall allow to be present to observe any and all aspects of construction. These costs shall not be passed on to the landowner or District.
   Applicant shall use the District engineer and local contractors approved by the District for all work pertaining to tile televising/inspection, repair and replacement of District facilities. The District shall maintain a current price list for local contractors’ services and rates and shall be provided at the applicant’s request.
   Any time Pipeline undergoes changes, modifications, repairs, or any service to Pipeline that requires use of vehicles and equipment with a gross weight of 8,000 lbs. or greater, the District facilities near the site will need to be re-televised as required in subparagraph “A” above, as well as new GPS mapping as required in subparagraph “B” above.
   The District has the authority to enter upon the land and service any District facilities at any time, with or without the consent of, or prior notice to the applicant. The applicant is responsible for any cost increase experienced by the District for service and maintenance of District facilities due to Pipeline.
   The applicant shall pay any legal costs, including reasonable attorney fees, incurred by the District related to any disputes or enforcement of these permit requirements.
6. The term “applicant” shall mean the permit applicant, the applicant’s agents, heirs, successors, assigns, and facility owners.
7. The requirements above are in addition to the requirements set forth in Iowa Administrative Code 199 Chapter 9, including the creation / filing of a land restoration plan.