Executives from TC Energy were on the agenda on Friday, July 31 to address the road haul agreement stipulations set forth by the board of supervisors and planning commission earlier this year.
The board heard from Denisha Cummings of TC Energy. Cummings asked the Board of Supervisors to acknowlege that TC Energy had met all the stipulations that were given to them at the April 30th meeting.
Jim Powers, representing TC Energy, asked the board to issue their statement to the board of adjustment, that the stipulations asked for in the April 30th meeting had all been fulfilled.
"We have access to all lands through either voluntary easements or condemnation and have identified all the drain tiles that we can. During construction we have the plans to deal with any drain tiles we find during construction," stated Cummings
After much debate the board voted on the matter which they were required to do, which was that once the stipulations were met from the April 30th meeting to inform the board of adjustments that the stipulations have been met by TC Energy.
TC Energy’s project will require the heavy use of roads that Holt County and its various townships are responsible for maintaining. In some cases, the roads will be modified, in some cases they will need to be repaired and in some cases they will be bored under and closed temporarily. The “road haul agreement” would define the rights and responsibilities as between Holt County and TC Energy with regard to the damage and modification of the county roads.
The current zoning regulations require TC Energy to have a permit granted by the board prior to construction. Prior to obtaining that permit, TC Energy is required to fulfill several requirements, including an application.
Concurrent with the first two issues is the issue of condemnation. In order to construct the pipeline, TC Energy will need to hold a legal interest in all of the various private and public property the pipeline proposes to cross. This legal interest is known as a perpetual easement. If obtained by TC Energy, the company will have the legal right to enter onto the property to construct, maintain, and inspect the pipeline forever.
The issue that is likely to cause some difficulty is one that arises when an owner of private property does not voluntarily consent to TC Energy’s taking and use of that private property in perpetuity.
"Based on what was reported last year, TC Energy will be one of the largest taxpayers in Holt County. More than $3 million in property taxes in the first year of operation. That equates to approximately $28 million over 15 years," Salsman said.
TC Energy will invest: $1.5 million road upgrades in Holt County, $1 million – Stuart Napier Bridge