A. This Resolution shall not apply to development which is exempt under the provisions of Section 17.148.050 adopted by Pueblo County, to nonconforming uses, or to those transmission lines, pipelines, and easements as set forth herein:

   1. A sixty-nine (69) kilovolt transmission line in existence on the date this Division is adopted as amended (May 8, 1978), and subsequently upgraded to a one hundred and fifteen (115) kilovolt line;

   2. An eight (8) inch pipeline in existence on the date this Division is adopted as amended (May 8, 1978), and subsequently upgraded to a ten (10) inch pipeline; or

   3. An easement in existence on the date this resolution is adopted as amended (May 8, 1978), upon which is subsequently constructed a major pipeline or transmission line; provided that the easement is legally described in such manner that a qualified engineer/licensed land surveyor could locate it on the ground, no additional easement width is necessary to construct the facility, and easement acquisition has been completed.

   B. This Division shall not apply to interstate natural gas pipeline facilities regulated by the Federal Energy Regulatory Commission (FERC) or its successor, provided the following requirements and procedures are complied with by person or entity proposing to site and construct the interstate natural gas pipeline facility whenever site selection and construction of such facility will be partly located within Pueblo County:

   1. Copies of all materials (i.e., environmental impact statements, applications for certification of public convenience and necessity and related materials) filed or to be filed with a federal and/or State regulatory agency shall also be filed with the Director of the Pueblo County Department of Planning and Development within five (5) days after the same are submitted to such federal and/or State regulatory agency; and

   2. Written notice of all scheduled public proceedings before the federal and/or State regulatory agency concerning the natural gas pipeline facility shall be given to the Director of the Pueblo County Department of Planning and Development not less than forty-five (45) days prior to any scheduled proceeding before any such agency, provided, further, however, that if the applicant before such federal or State agency receives less than forty-five (45) days’ notice, it shall give written notice to the Director of the Pueblo County Department of Planning and Development within five (5) working days after it receives its notice of the same.

   C. The Board of County Commissioners shall provide to the public utility written notice of all public hearings which may be held by the Board to accept testimony on the proposed major facilities not less than thirteen (13) days prior to the hearing.

   D. The Board of County Commissioners does not waive or otherwise diminish its rights, nor the rights of any interested party, before any federal and/or State regulatory agency considering the proposed major facilities.