IURC GUIDELINES

ROCKIES EXPRESS AIMP

COMMENTS

Definitions

a. “Agricultural land” shall mean:

(1) Land which is presently under cultivation, or

(2) Land which has previously been cultivated and not subsequently developed for non-agricultural purposes, or

(3) Cleared land capable of being cultivated.

It includes land used for crop land, hay land, improved pasture land, truck gardens, farmsteads, commercial agricultural related facilities, feedlots, livestock confinement systems, land on which farm buildings are located, and land in government set-aside programs.

Agricultural Land           

Land which is presently under cultivation; land which has been previously cultivated and not subsequently developed for non-agricultural use; and cleared land which is capable of being cultivated. It includes land used for cropland, hay land, improved pastureland, truck gardens, farmsteads, commercial agricultural related facilities, feedlots, livestock confinement systems, land on which farm buildings within 100 feet of the pipeline are located, and land in government set-aside programs.

b. “Drainage structures” or “underground improvements” means any permanent structure used for draining agricultural lands, including tile systems and buried terrace outlets.

Drain Tile

Any artificial subsurface drainage system including: clay and concrete tile, vitrified sewer tile, corrugated plastic tubing, and stone drains.

Surface Drains

Any surface drainage system such as shallow surface field drains, grassed waterways, open ditches, or any other conveyance of surface water.

c. “Landowner” means an owner of an interest in property that: 

(1) is located in Indiana; and

(2) meets one or more of the conditions set forth in 18 CFR 157.6(d)(2).

Landowner

Person(s) holding legal title to property on the pipeline route from whom Rockies Express is seeking, or has obtained, a temporary or permanent easement, or any person(s) legally authorized by a landowner to make decisions regarding the mitigation or restoration of agricultural impacts to such landowner's property.

Tenant

Any person lawfully residing on or in possession of the land.

Rockies Express’s notification to FERC of affected landowners complied with 18CFR 157.6(d)(2)

d. “Pipeline” means all parts of those physical facilities through which gas, hazardous liquids, or carbon dioxide fluid moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies, but excluding motor vehicles of all kinds and pipelines serving not less than ten (10) customers with petroleum gas from a common source.

Pipeline

The pipeline and its related appurtenances described in the Company's application to the Federal Energy Regulatory Commission for a Certificate of Public Convenience and Necessity.

Rockies Express’s is more specific, but applicable.

e. “Pipeline company” means any person, firm, copartnership, association, corporation, or syndicate, or any employee, agent or contractor thereof, engaged in or organized for the purpose of owning, operating, or controlling pipelines.

Company

Rockies Express Pipeline LLC, hereafter referred to as “Rockies Express”, utility company, and any contractor or sub-contractor in the employ of Rockies Express for the purpose of completing the pipeline or any mitigative actions contained herein it’s successors, and assigns, on its own behalf and as operator of the Company.

Rockies Express’s is more specific, but applicable.

f. “Pipeline construction” means the physical work involved in the construction, reconstruction or extension of a pipeline, but shall not include work performed during an emergency. Emergency means a condition where there is clear and immediate danger to life or health, or essential services, or a potentially significant loss of property. When the emergency condition ends, these guidelines will again become effective.  “Pipeline construction” shall include maintenance and repair work only in circumstances where application of these guidelines is possible, practical and appropriate for the nature and scope of the work to be completed.

Described in Rockies Express’s application to FERC (04/30/2007).  Also described in FERC DEIS (11/23/2007)

g. “Soil conservation practices” means any land conservation practice recognized by federal or state soil conservation agencies including, but not limited to, grasslands and grassed waterways, hay land planting, pasture, and tree plantings. Conservation practices that are under contract with USDA or other federal agencies will have construction designs and criteria on file at the county USDA Center.

Surface Drains

Any surface drainage system such as shallow surface field drains, grassed waterways, open ditches, or any other conveyance of surface water.

h. “Soil conservation structures” means any permanent structure recognized by federal or state soil conservation agencies including, but not limited to, toe walls, drop inlets, grade control works, terraces, levees, and farm ponds.

Surface Drains

Any surface drainage system such as shallow surface field drains, grassed waterways, open ditches, or any other conveyance of surface water.

i. “Till” means to loosen the soil in preparation for planting or seeding by plowing, chiseling, discing, or similar means. For the purposes of this chapter, agricultural land planted using no-till planting practices is also considered tilled.

Acceptable to Rockies Express.

j. “Topsoil” means the upper part of the soil which is the most favorable material for plant growth and which can ordinarily be distinguished from subsoil by its higher organic content and darker color (typically classified as the “A Horizon” soil).

Topsoil

The upper most part of the soil commonly referred to as the plow layer, the A layer, or the A horizon, or its equivalent in uncultivated soils. It is the surface layer of the soil that has the darkest color or the highest content of organic matter (as Identified in the USDA County Soil Survey and verified w/ right-of-way samples).

III. General Provisions for Pipeline Construction.

1.         Pipeline depth

a.  Depth.

Differing regions vary in terms of soil, geography, land use and proximity to other underground structures.  Those differences should be considered in determining appropriate pipeline depth.  In general, pipelines in agricultural land should be installed with a minimum cover of 48 inches, with the following exceptions:

(1) A minimum of 60 inches of cover should be maintained over the top of the pipeline where it crosses surface drains, diversions, grassed waterways, open ditches, and streams.

A.        Except for aboveground piping facilities, such as mainline block valves, tap valves, meter stations, etc., the pipeline will be buried with:

1.         a minimum of 5 feet of top cover where it crosses cropland (See Figure 1).

2.         a minimum of 5 feet of top cover where it crosses pasture land or other agricultural land comprised of soils that are classified by the USDA as being prime soils.

3.         a minimum of 5 feet of top cover where it crosses pasture land and other agricultural land not comprised of prime soils.

4.         substantially the same top cover as an existing parallel pipeline, but not less than 5 feet, where the route parallels an existing pipeline within a 100 foot perpendicular offset.

5.         A minimum of 60 inches of cover shall be maintained over the top of the pipeline where it crosses surface drains, diversions, grassed waterways, open ditches, and streams.

Complies with IURC guidelines

(2) In those areas where (i) rock in its natural formation and/or (ii) a continuous strata of gravel exceeding 200 feet in length are encountered, the minimum depth of cover should be 30 inches.

1. B.  Notwithstanding the foregoing, in those areas where (i) rock in its natural formation are encountered, the minimum depth of cover will be 24 inches.and (ii). in areas where gravel exceeding 200 feet in length are encountered the minimum depth of cover will be 30 inches.. 

Rockies Express suggests amending to raise minimum depth from 24 inches to 30 inches in areas where ”gravel exceeding 200 feet in length are encountered”.  This is consistent with USDOT 49CFR Part 192

b.  Restoration of Land Slope and Contour.

Upon completion of construction, the slope, contour, grade, and drainage pattern of the disturbed area shall be restored as nearly as possible to its preconstruction condition. However, the trench may be crowned to allow for anticipated settlement of the backfill. Excessive or insufficient settlement of the trench area, which visibly affects land contour or undesirably alters surface drainage, shall be remediated by means such as regrading and, if necessary, import of appropriate fill material.  Disturbed areas in which erosion causes formation of rills or channels, or areas of heavy sediment deposition, shall be regraded as needed. On steep slopes, methods such as sediment barriers, slope breakers, or mulching shall be used as necessary to control erosion until vegetation can be reestablished. On agricultural land subject to erosion, the pipeline company will patrol the pipeline right-of-way with reasonable frequency to detect erosion of the top cover and maintain the cover.

8.       Land Leveling

A.         Following the completion of the pipeline, Rockies Express will restore any right-of-way to its original pre-construction elevation and contour should uneven settling occur or surface drainage problems develop as a result of pipeline construction.

B.         Rockies Express will provide the landowners with a telephone number and address that may be used to alert Rockies Express of the need to perform additional land leveling services. 

C.         If uneven settling occurs or surface drainage problems develop as a result of the pipeline construction, Rockies Express will provide land leveling services within 45 days of a landowner's written notice, weather and soil conditions permitting.

D.         If there is any dispute between the landowner and Rockies Express as to what areas need additional land leveling beyond that which is done at the time of construction, it will be Rockies Express’s responsibility to disprove the landowner’s claim that additional land leveling is warranted.

Rockies Express will follow the guidelines described and approved in its Upland Construction Plan (REX Plan) and Wetland and Waterbody Construction and Mitigation Procedures (REX Procedures).

Rockies Express will work with landowners to prevent excessive erosion on right-of- way that has been disturbed by construction.  Reasonable methods will be implemented to control erosion.  This is not a requirement, however, if the land where the pipeline is constructed is cropland, is not considered Highly Erodible Lands (HEL) by USDA standards, and that the landowner intends to leave bare until the next crop is planted.

The use of a landowner acceptable cover crop (i.e. annual rye grass) to minimize soil erosion shall be implemented unless the landowner/tenant express otherwise in writing.

A.                              If the landowner and Rockies Express cannot agree upon a reasonable method to control erosion on the landowner's right-of-way, the recommendations of the appropriate county Soil and Water Conservation District and/or FERC will be considered by Rockies Express and the landowner.

11.        Repair of Damaged Soil Conservation Practices

All soil conservation practices (such as spring developments and pipelines, terraces, grassed waterways, critical area seedings, etc.), which are damaged by the pipeline’s construction, will be restored to their pre-construction condition. All wetland areas will be restored in accordance with the Rockies Express Procedures.

12.                    Control of Trench Washouts, Water Piping and Blowouts

Trench breakers shall be installed for the dual purpose of preventing trench washouts during construction and abating water piping and blowouts subsequent to trench backfill. The distance between permanent trench breakers will be as described in Rockies Express’s Upland Construction Plan.  Rockies Express will record each installed trench breaker location, by map-referenced station-number.

On agricultural land subject to erosion, Rockies Express will patrol the pipeline right-of-way with reasonable frequency to detect areas of erosion of the top cover.  In no instance will Rockies Express knowingly allow the depth of top cover to be less than 3 feet, except as stated in 1.B. above.

Also applicable is Rockies Express’s Upland Construction Plan and Wetland and Waterbody Construction Procedures.

c. Restoration of Areas Used for Field Entrances and Temporary Roads.

Upon completion of pipeline construction and land restoration, field entrances or temporary roads built as part of the construction project shall be removed and the land made suitable for return to its previous use. Areas affected shall be regraded and deep tilled as appropriate and in accordance with these guidelines. If by agreement or at landowner request, and subject to any necessary approval by local public road authorities, a field entrance or road is to be left in place, it shall be left in a graded and serviceable condition.

16.       Ingress and Egress Routes

Prior to the pipeline's installation, Rockies Express and the landowner will reach a mutually acceptable agreement on the route that will be utilized for entering and leaving the pipeline right-of-way should access to the right-of-way not be practical or feasible from adjacent segments of the pipeline right-of-way; from public highway or railroad right-of-way or from other suitable public access.

Where access ramps/pads are required from the highway to the pipeline construction area, the topsoil shall be removed and stock piled for replacement, an underlayment of durable geotextile matting, or equivalent shall be placed over the exposed subsoil surface prior to the placement of temporary rock access fill material. All such material will be removed upon completion of the project.  Complete removal of the ramp upon completion of the project and restoration of the impacted site is required prior to topsoil replacement.

If landowners are grazing animals on the property, Rockies Express will negotiate with the landowner to determine the means to avoid disturbance or injury to the livestock as a result of construction.  These means may include providing a grazing deferment to the landowners to temporarily remove the animals from the property or fencing the ROW so as to prevent animals wandering on to the construction area.

17.       Temporary Roads

A.               The location of temporary roads to be used for construction purposes will be negotiated with the landowner. 

B.               The temporary roads will be designed to not impede surface drainage and will be built to minimize soil erosion on or near the temporary roads.

C.               Upon abandonment, temporary roads may be left intact through mutual agreement of the landowner and Rockies Express unless otherwise restricted by federal, state, or local regulations.  If the temporary roads are to be removed, the right-of-way upon which the temporary roads are constructed will be returned to its previous use and restored to equivalent condition as existed prior to their construction.

D.               If the temporary roads are to be removed, the rights-of-way upon which the temporary roads are constructed will be returned to their previous use(s) and restored to equivalent condition(s) as existed prior to their construction.  All temporary access roads that are removed shall be ripped to a depth not to exceed 16 inches.  All ripping will be done consistent with Items 7.A. through 7.C.

d. Pipeline Construction in Wet Conditions.

Pipeline construction in wet soil conditions shall not commence or continue at times when or locations where the passage of heavy construction equipment may cause rutting to the extent that the topsoil and subsoil are mixed, or underground drainage structures may be damaged. To facilitate construction in soft soils, the pipeline company may elect to remove and stockpile the topsoil from the traveled way, install mats or padding, or use other methods acceptable to the landowner and pipeline company.

In agricultural areas where ditch plus spoil side topsoil stripping is performed and the topsoil on the working side of the right-of-way is left in place, the following conditions will determine whether construction will be allowed to continue due to wet weather conditions.

·                    The Agricultural Inspector will have stop work authority to avoid noncompliance situations during construction.  Unless immediately required due to safety or blatant, existing noncompliance reasons, the Agricultural Inspector will coordinate with the spread’s Chief Inspector prior to implementing this authority.  It is expected that by following this procedure an alternative construction procedure can be identified prior to implementing a stop work order.

·                    Wet weather restrictions will only apply to those areas necessary and may not require cessation of work in areas not affected by wet weather.

·                    Work will not be allowed in areas where rutting has occurred and potentially could result in the mixing of subsoil with topsoil given existing soil conditions.  The depth of the allowable rutting is dependent upon the depth of topsoil in a location.

In areas where rutting is, or potentially could result in topsoil/subsoil mixing alternatives such as working equipment on board mats and/or timbers will be acceptable.  Low ground weight equipment may also be acceptable to perform tasks otherwise performed by wheeled equipment, such as stringing trucks.  Other alternatives to minimize rutting include use of flat bottom sleds pulled by low ground weight equipment, discing the right-of-way to increase evaporation, and dewatering the area with portable pumps.

Described in FERC application (04/30/2007)

In agricultural areas where ditch plus spoil side topsoil stripping is performed and the topsoil on the working side of the right-of-way is left in place, the following conditions will determine whether construction will be allowed to continue due to wet weather conditions.

·                    The Agricultural Inspector will have stop work authority to avoid noncompliance situations during construction.  Unless immediately required due to safety or blatant, existing noncompliance reasons, the Agricultural Inspector will coordinate with the spread’s Chief Inspector prior to implementing this authority.  It is expected that by following this procedure an alternative construction procedure can be identified prior to implementing a stop work order.

·                    Wet weather restrictions will only apply to those areas necessary and may not require cessation of work in areas not affected by wet weather.

·                    Work will not be allowed in areas where rutting has occurred and potentially could result in the mixing of subsoil with topsoil given existing soil conditions.  The depth of the allowable rutting is dependent upon the depth of topsoil in a location.

·                    In areas where rutting is, or potentially could result in topsoil/subsoil mixing alternatives such as working equipment on board mats and/or timbers will be acceptable.  Low ground weight equipment may also be acceptable to perform tasks otherwise performed by wheeled equipment, such as stringing trucks.  Other alternatives to minimize rutting include use of flat bottom sleds pulled by low ground weight equipment, discing the right-of-way to increase evaporation, and dewatering the area with portable pumps.

e.  Crossing of Streams, Wetlands and Flood Plains.

Pipeline construction should be completed in accordance with all applicable state, federal and local environmental regulations and permitting systems.  Pipeline construction involving crossings of wetlands or streams may require permitting from the U.S. Army Corps of Engineers, the most common of which are Nationwide Permit 3, Nationwide Permit 12 and Regional General Permit 1.   In addition pipelines crossing flood plains may require permitting from the Indiana Department of Natural Resources. 

Rockies Express will follow its Procedures and requirements for USACOE NWP #12 and Section 401 IDEM and Floodway Permits from IDNR

Rockies Express will follow Procedures and requirements for USACOE NWP #12 and Section 401 IDEM and Floodway Permits from IDNR

IV. Restoration of Agricultural Lands During Pipeline Construction.

2.         Soil Removal and Replacement

a. Topsoil Separation and Replacement.

(1) Removal. Topsoil removal and replacement in accordance with these guidelines should be adhered to for any open excavation associated with the construction of a pipeline unless otherwise provided in these guidelines. The topsoil depth shall be determined by a properly qualified agricultural inspector, soil scientist or soil technician who will set stakes or flags every 200 feet along the right-of-way identifying the depth of topsoil to be removed. As an alternative to staking or flagging the pipeline company may depict topsoil depths on alignment sheets based on published county-level soil survey information. The actual depth of the topsoil, not to exceed 36 inches, will first be stripped from the area to be excavated above the pipeline and, to a maximum of 12 inches, from the adjacent subsoil storage area. Topsoil shall also be removed and replaced in accordance with these rules at any location where land slope or contour is significantly altered to facilitate construction. A pipeline company shall, upon a landowner’s request, measure topsoil depth at selected locations before and after construction.

(2) Soil storage. The topsoil and subsoil shall be segregated, stockpiled, and preserved separately during subsequent construction operations. The stored topsoil and subsoil shall have sufficient separation to prevent mixing during the storage period. Topsoil shall not be used to construct field entrances or drives, or be otherwise removed from the property, without the written consent of the landowner. Topsoil shall not be stored or stockpiled at locations that will be used as a traveled way by construction equipment without the written consent of the landowner.  The stored topsoil shall be protected from erosion by seeding a temporary cover if stockpiled more than 20 days during the growing season (April 1 through November 1).  The stored topsoil shall be protected from erosion by straw mulch cover if stockpiled more than 20 days outside the growing season.

2.A.      The topsoil shall be determined by a properly qualified agricultural inspector, soil scientist or soil technician who will set stakes or flags every 200 feet along the right-of-way identifying the depth of topsoil to be removed.  As an alternative to staking or flagging, the Company may depict topsoil depths on alignment sheets based on published county-level soil survey information, if approved by the landowner.  

B.                 At a minimum, the actual depth of the topsoil, not to exceed 16 inches, will first be stripped from the area to be excavated above the pipeline and the subsoil storage area.  The topsoil will be stored in a windrow parallel to the pipeline trench in such a manner that it will not become intermixed with subsoil materials.  Rockies Express may conduct full right-of-way topsoiling.  Topsoil may be stored at either edge of the right-of-way, or in some cases spread over the working side of the right-of-way, but not intermixed with subsoil materials.

C.                 During the clearing/grading phase, the Agricultural Inspector shall monitor site-specific depths of topsoil stripping. Where right-of-way construction requires cut-and-fill of the soil profile across grades, to the extent practicable, topsoil stockpiling will be located on the up slope edge of the right-of-way. Where topsoil cannot be separately stored on the up slope side, suitable right-of-way space will be provided on the down slope side to ensure the complete segregation of the topsoil from all cut-and-fill material.

D.                 All subsoil material that is removed from the trench will be placed in a second windrow parallel to the pipeline trench that is separate from the topsoil windrow.

E.                 In backfilling the trench, the stockpiled subsoil material will be placed back into the trench before replacing the topsoil.

F.                  Refer to Items Nos. 5.A and 5.B for procedures pertaining to rock removal from the subsoil and topsoil.

G.                 Refer to Items Nos. 7.A through 7.C for procedures pertaining to the alleviation of compaction of the topsoil.

H.                 The topsoil must be replaced so that after settling occurs, the topsoil's original depth and contour will be restored.  The same shall apply where excavations are made for road, stream, drainage ditch, or other crossings.  In no instance will the topsoil materials be used for any other purpose.

I.                    Surface drainage should not be blocked or hindered in any way. If excess spoil is encountered, it will be removed offsite to prevent ridging.  Adding additional spoil to the crown over the trench in excess of that required for settlement will not be permitted.  

(3) Topsoil removal not required. Topsoil removal is not required where the pipeline is installed by plowing, jacking, boring, or other methods which do not require the opening of a trench. If provided for in a written agreement with the landowner, topsoil removal is not required if the pipeline can be installed in a trench with a top width of 18 inches or less.

Not applicable for this project

(4) Backfill. The topsoil shall be replaced so the upper portion of the pipeline excavation and the crowned surface, and the cover layer of the area used for subsoil storage, contain only the topsoil originally removed. The depth of the replaced topsoil shall conform as nearly as possible to the depth removed. The topsoil must be replaced so that after settling occurs, the topsoil’s original depth and contour (with an allowance for settling) will be restored. The same shall apply where excavations are made for road, stream, drainage ditch, or other crossings. In no instance will the topsoil be used for any other purpose.

2. E. In backfilling the trench, the stockpiled subsoil material will be placed back into the trench before replacing the topsoil.

2.     H. The topsoil must be replaced so that after settling occurs, the topsoil's original depth and contour will be restored.  The same shall apply where excavations are made for road, stream, drainage ditch, or other crossings.  In no instance will the topsoil materials be used for any other purpose.

9.      Backfill Profile and Trench Crowning

In all agricultural land areas, ripped or blasted bedrock or concentrated volumes of excavated stone or rock material may be used for trench backfill material, but no closer than 24 inches from the exposed working construction surface of the right-of-way.  All rock not utilized as trench backfill material shall be removed from the right-of-way. The remaining backfill material shall consist of suitable subsoil material. Trench crowning shall occur during the trench backfilling operation using subsoil materials over the trench to allow for trench settling.

In areas where trench settling occurs after topsoil spreading, imported topsoil shall be used to fill each depression. Topsoil from the adjacent agricultural land shall not be used to fill the depressions.

In agricultural areas where the materials excavated during trenching are insufficient in quantity to meet backfill requirements, the soil of any agricultural land adjacent to the trench and construction zone shall not be used as either backfill or surface cover material. Under no circumstances shall any topsoil materials be used for pipe padding material or trench backfill.  In situations where imported soil materials are employed for backfill on agricultural lands, such material shall be of similar texture and quality to the existing soils on site.  Imported soils should be from similar soil types and free from noxious weeds and other pests to the extent possible.

b. Drain Tile.

The pipeline company will endeavor to locate all tile lines within the right-of-way prior to the pipeline installation so repairs can be made if necessary. The pipeline company will contact landowners/tenants to request information about tile line locations prior to construction and alert construction crews of the possible need for tile line repairs.

3.A.      The Company shall make a conscientious effort to locate all drain tile lines within the right-of-way prior to the pipeline installation. The Company will contact the local county Soil and Water Conservation Districts and affected Landowners and/or Tenants for their knowledge of drain tile line locations prior to the pipeline installation. All identified drain tile lines will be marked with a highly visible lathe to alert construction crews to the need for drain tile line repairs.

(1) Pipeline clearance from drain tile. Where underground drain tile is encountered, the pipeline shall be installed in such a manner that the permanent tile repair can be installed with at least 12 inches of clearance from the pipeline.

3.D.2.   There shall be a minimum of 12 inches of clearance between the drain tile line and the pipeline whether the pipeline passes over or under the tile line.

(2) Temporary repair. The following standards shall be used to determine if temporary repair of agricultural drainage tile lines encountered during pipeline construction is required:

(A) Any underground drain tile damaged, cut or removed and found to be flowing or which subsequently begins to flow shall be temporarily repaired as soon as practicable, and the repair shall be maintained as necessary to allow for its proper function during construction of the pipeline. The temporary repairs shall be maintained in good condition until permanent repairs are made.

(B) If tile lines are dry and water is not flowing, temporary repairs to damaged, cut or removed drain tile are not required, but permanent repair must be completed as soon as practicable and tile must be maintained to allow for proper function at all times during pipeline construction.

(C) Temporary repair is not required if the angle between the trench and the tile lines places the tile end points too far apart for temporary repair to be practical.

(D) If temporary repair of the line is not made, the upstream exposed tile line shall not be obstructed but shall nonetheless be screened or otherwise protected to prevent the entry of foreign materials and small animals into the tile line system, and the downstream tile line entrance shall be capped or filtered to prevent entry of mud or foreign material into the line if the water level rises in the trench.

3.      Repair of Damaged Drain Tile Lines

All drain tile repair and/or replacement shall be completed prior to topsoil replacement.

If underground drain tile is damaged by the pipeline installation, it shall be repaired in a manner that assures the drain tile proper operating condition at the point of repair. If underground drain tile lines in the pipeline construction area are adversely affected by the pipeline construction, the Company will take such actions as are necessary to insure the proper functioning of the drain tile lines, including the relocation, reconfiguration, and replacement of the existing drain tile lines. The following standards and policies shall apply to the drain tile line repair:

3.    F.  Temporary repairs of drain tile lines shall be made as soon as exposed. This shall include the use of filter material to prevent the movement of soil into the drain tile line or the temporary plugging of the drain tile line until permanent repairs can be made.

(3) Marking. Any underground drain tile damaged, cut or removed shall be marked by placing a highly visible flag in the trench spoil bank directly over or opposite such tile. This marker shall not be removed until the tile has been permanently repaired.

3.B.      During construction drain tile lines that are damaged, cut, or removed shall be distinctly marked by placing a highly visible lathe in the trench spoil bank directly opposite each drain tile line. This marker shall not be removed until the drain tile line has been permanently repaired and such repairs have been approved and accepted by the Landowner and the Agricultural Inspector.

(4) Permanent repairs. Tile disturbed or damaged by pipeline construction shall be repaired to its original or better condition. Permanent repairs shall be completed as soon as is practical, but no later than 14 days after the pipeline is installed in the trench and prior to backfilling of the trench over the tile line. Permanent repair and replacement of damaged drain tile shall be performed in accordance with the following requirements:

(A) All damaged, broken, or cracked tile shall be removed.

(B) Only unobstructed tile shall be used for replacement.

(C) The tile furnished for replacement purposes shall be of a quality, size and flow capacity at least equal to that of the tile being replaced.

(D) Tile shall be replaced so that its original gradient and alignment are restored, except where relocation or rerouting is required for angled crossings. Tile lines at a sharp angle to the trench shall be repaired in the manner shown in the referenced drawing and in accordance with Indiana Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG) Standard 606.

(E) The replaced tile shall be firmly supported to prevent loss of gradient or alignment due to soil settlement. The method used shall be comparable to that shown in the referenced drawing and in accordance with Indiana NRCS FOTG Standard 606.

(F) Before completing permanent tile repairs, all tile lines shall be examined visually, by probing, or by other appropriate means on both sides of the trench within any work area to check for tile that might have been damaged by construction equipment. If tile lines are found to be damaged, they must be repaired to operate as well after construction as before construction began. The pipeline company shall contact the landowner prior to final backfill and restoration and offer the landowner the opportunity to observe the repair.

(G) Following completion of the pipeline, the pipeline company will be responsible for correcting all tile line repairs that fail due to pipeline construction, provided those repairs were made by the pipeline company. The pipeline company will not be responsible for drain tile line repairs that the company pays the landowner to perform. The plans for the repairs shall be approved by the landowner prior to beginning work on the repair.

3.C.            All drain tile lines shall be repaired with materials of the same or better quality as that which was damaged. The repair plans shall be approved by the Agricultural Inspector.

3.D.            Where drain tile lines are severed by the pipeline trench steel channel iron, steel angle iron, full-round slotted steel pipe, half-round steel pipe, or schedule 80 pvc pipe with 1/8 inch diameter holes shall be used to support the drain tile lines across the trench.

1.         If the drain tile repairs involve clay or concrete tile, the support member shall extend to the first tile joint beyond the minimum 3-foot distance. If the drain tile repairs involve plastic pipe it shall be supported at a 90-degree angle from the bottom of the drain tile. This may involve using angle iron to provide proper support.

2.         There shall be a minimum of 12 inches of clearance between the drain tile line and the pipeline whether the pipeline passes over or under the tile line.

3.         If landowners have future plans for the installation of drain tile lines, these plans shall be made available to Rockies Express in writing to ensure adequate clearance between the tile line and the pipeline.

3.         In no instance shall the grade of the drain tile line be decreased.

3.E.            Before completing permanent drain tile repairs, all drain tile lines shall be examined by suitable means on both sides of the trench for their entire length within the right-of-way to check for drain tile that might have been damaged by construction equipment. If any drain tile line is found to be damaged, it shall be repaired so it will operate as well after construction as before construction began.

3.G.            All permanent drain tile line repairs shall be made within 14 days following completion of the pipeline installation on any affected Landowner's property unless otherwise authorized by the Landowner, weather and soil conditions permitting. Landowners and/or tenants will be contacted prior to final backfill and restoration and offered opportunity to witness final tile line repair.

3.H.            Following completion of the pipeline, Rockies Express will be responsible for correcting all tile line repairs that fail due to pipeline construction, provided those repairs were made by Rockies Express.  Rockies Express will not be responsible for drain tile line repairs that Rockies Express pays the landowner to perform.  The plans for the repairs shall be approved by the Landowner prior beginning work on the repair.

(5) Backfilling. The backfill surrounding the permanently repaired drain tile shall be completed at the time of the repair and in a manner that ensures that any further backfilling will not damage or misalign the repaired section of the tile line.

Acceptable to Rockies Express

(6) Subsurface drainage. Subsequent to pipeline construction and permanent repair, if the tile line in the area disturbed by construction is not functioning correctly or the land adjacent to the pipeline is not draining properly and can reasonably be attributed to the pipeline construction, the pipeline company shall make further repairs or install additional tile as necessary to restore subsurface drainage.

3.   Repair of Damaged Drain Tile Lines

All drain tile repair and/or replacement shall be completed prior to topsoil replacement.

If underground drain tile is damaged by the pipeline installation, it shall be repaired in a manner that assures the drain tile proper operating condition at the point of repair. If underground drain tile lines in the pipeline construction area are adversely affected by the pipeline construction, the Company will take such actions as are necessary to insure the proper functioning of the drain tile lines, including the relocation, reconfiguration, and replacement of the existing drain tile lines. The following standards and policies shall apply to the drain tile line repair:

See #4 below

(7) Correction of Future Drainage Problems. The pipeline company shall be responsible for installing such additional drainage measures as are necessary to properly drain wet areas on the permanent and temporary easements caused by the construction and/or existence of the pipeline.

(A) The pipeline company shall consult with the landowner concerning the landowner’s plans for future drain tile installation.  At locations where proposed future installation of underground drain tile is made known in writing to the company prior to the securing of an easement on the property, the pipeline shall be installed at a depth which will permit proper clearance between the pipeline and the proposed tile installation.

(B) The pipeline company shall consult with the landowner concerning the landowner’s plans for future installation of soil conservation practices and structures.  At locations where proposed future installation of soil conservation practices and structures is made known in writing to the company prior to the securing of an easement on the property, the pipeline shall be installed at a depth which will allow for future installation of such soil conservation practices and structures and retain the integrity of the pipeline.

4.   Correction of Future Drainage Problems

   Rockies Express shall be responsible for installing such additional drainage measures as are necessary to properly drain wet areas on the permanent and temporary easements caused by the construction and/or existence of the pipeline.

3 D. 3.. If landowners have future plans for the installation of drain tile lines, these plans shall be made available to Rockies Express in writing to ensure adequate clearance between the tile line and the pipeline.

c. Removal of Rocks and Debris from the Right-of-Way.

(1) Removal. Before replacing any topsoil, all rocks greater than 3 inches in any dimension will be removed from the surface of all exposed subsoil and from all subsoil replaced in trenches. In no event shall the top 42 inches or the actual depth of top cover, whichever is less, within the pipeline trench, bore pits, or other excavations contain rocks of any greater concentration or size than existed prior to the pipeline construction. If trenching, blasting or boring operations are required through rocky terrain, suitable precautions will be taken to minimize the potential for oversized rocks to become interspersed with adjacent soil material. Consolidated rock removed by blasting or mechanical means shall not be placed in the backfill above the natural bedrock profile or above the frost line. In addition, the pipeline company shall examine areas adjacent to the easement and along access roads and shall remove any large rocks or debris which may have rolled or blown from the right-of-way or fallen from vehicles.

(2) Disposal. Rock which cannot remain in or be used as backfill shall be disposed of at locations and in a manner mutually satisfactory to the company and the landowner. Soil from which excess rock has been removed may be used for backfill. All debris attributable to the pipeline construction and related activities shall be removed and disposed of properly. For the purposes of this rule, debris shall include spilled oil, grease, fuel, or other petroleum or chemical products. Such products and any contaminated soil shall be removed for proper disposal or treated by appropriate in situ (i.e., in its original, natural position) remediation.

5.   Rock Removal

      The following rock removal procedures only pertain to rocks found in the uppermost 42 inches of soil.

      A.   Before replacing any topsoil, all rocks greater than 3 inches in any dimension will be removed from the surface of all exposed subsoil (i.e. working side and subsoil storage areas); and the top 42 inches or the actual depth of top cover, whichever is less, within the pipeline trench, bore pits, or other excavations shall not contain rocks of any greater concentration or size than existed prior to the pipeline construction.

      B.   All rocks greater than 3 inches in any dimension will be removed from the topsoil surface using a rock rake following final restoration unless undisturbed areas adjacent to the ROW can be shown to contain similar concentration and size.

      C.   If trenching, blasting, or boring operations are required through rocky terrain, suitable precautions will be taken to minimize the potential for oversized rocks to become interspersed with adjacent soil material.

      D.   Rocks and soil containing rocks removed from the subsoil areas, topsoil, or from any excavations, will be returned to the pre-existing contours, hauled off the landowner's premises or disposed of on the landowner's premises at a location that is mutually acceptable to the landowner and Rockies Express and in accordance with any applicable laws or regulations.

6.   Removal of Construction Debris

All construction-related debris and material that are not an integral part of the pipeline will be removed from the landowner's property.  Such material to be removed would include litter generated by the construction crews which will be removed on a daily basis.

d. Restoration After Soil Compaction and Rutting.

(1) Agricultural restoration. Agricultural land, including off right-of-way access roads traversed by heavy construction equipment that will be removed, shall be deep tilled where feasible to alleviate soil compaction upon completion of construction on the property. If the topsoil was removed from the area to be tilled, two passes with deep tillage equipment shall precede replacement of topsoil.  At least one pass with deep tillage equipment shall be made following topsoil replacement.  Tillage shall be at least 16 inches deep in land used for crop production and 12 inches deep on other lands and shall be performed under soil moisture conditions which permit effective working of the soil.   Areas affected shall be seeded with a cover crop or permanent vegetative cover within five days after deep tillage.  If deep tillage can only be completed outside the growing season, the areas shall be dormant seeded and covered with mulch. Upon agreement, this tillage may be performed by the landowners or tenants using their own equipment.

(2) Rutted land restoration. Rutted land shall be deep tilled according to procedures in item “d (1)” above and graded until restored as near as practical to its preconstruction condition. On land from which topsoil was removed, the rutting shall be remedied before the topsoil is replaced.

7.    Compaction, Rutting, Fertilization, Liming

A.   In all agricultural sections of the right-of-way that were traversed by vehicles and construction equipment, where topsoil is stripped and prior to topsoil replacement, the subsoil shall be fractured by deep ripping to a depth not to exceed 16 inches below the surface of the subsoil with the appropriate industrial ripper. Subsurface features (i.e. drain tiles, other utilities) may warrant less depth. The ripper shall have maximum teeth spacing of 16 inches. The ripping shall be performed parallel to the pipeline and at 90 degrees to the pipeline.  Following the ripping operation all stone and rock material three (3) inches and larger in size which has been lifted to the surface shall be collected and removed from the site for disposal.

Upon approval by the Agricultural Inspector of the subsoil decompaction and the stone removal, the topsoil that has been temporarily removed for the period of construction shall then be replaced. The soil profile in the full width of the right-of-way shall be shattered to a depth not to exceed 16 inches with a heavy-duty sub-soiling tool having angled legs. Stone removal shall be completed, as necessary, to eliminate any additional rocks and stones brought to the surface as a result of the final subsoil shattering process.

The existence of stumps, tile lines or underground utilities may necessitate less depth. 

       B.  The entire right-of-way will then be disked. Three passes will be made across any agricultural land that is ripped.

       C.  Ripping and disking will be done at a time when the soil is dry enough for normal tillage operations to occur on undisturbed farmland adjacent to the areas to be ripped.

       D.  Rockies Express will restore all compacted or rutted land as near as practicable to its original condition.

E.       The cost of applying fertilizer, manure, and/or lime will be included in the damages paid to the landowner, thereby allowing the landowner to apply the appropriate type and amounts of fertilizer, manure, and/or lime as needed depending on the crops contemplated and the construction schedule.

F.    If there is a dispute between the landowner and Rockies Express as to what areas need to be ripped, the depth at which compacted areas should be ripped, or the necessity or rates of lime and fertilizer application, the appropriate county Soil and Water Conservation District's opinion will be considered by Rockies Express and the landowner.

e. Restoration of Waterways, Water and Sediment Control Basins, and Other Erosion Control Structures.

Existing soil conservation practices and structures damaged by the construction of a pipeline shall be restored to the elevation and grade existing prior to the time of pipeline construction. Any drain lines or flow diversion devices impacted by pipeline construction shall be repaired or modified as needed. Soil used to repair embankments intended to retain water shall be well compacted. Disturbed vegetation shall be reestablished, including a cover crop when appropriate. Restoration of waterways and other erosion control structures shall be in accordance with the Indiana NRCS FOTG Standards 638 and Code 412.

24. General Monitoring and Remediation

Rockies Express will provide a monitoring and remediation period of no less than three years immediately following the full-length activation of the pipeline or the completion of initial right-of-way restoration, whichever occurs last. The Company shall be responsible for the cost of the monitoring and remediation. The three-year period allows for the effects of climatic cycles such as frost action, precipitation and growing seasons to occur, from which various monitoring determinations can be made. The Company shall maintain an Agricultural Inspector on at least a part-time basis through this period. The monitoring and remediation phase shall be used to identify any remaining impacts associated with the pipeline construction that are in need of correction and to implement the follow-up restoration.

General right-of-way conditions to be monitored include topsoil thickness, relative content of rock and large stones, trench settling, crop production, drainage and repair of severed fences, etc. The problems or concerns shall be identified through on-site monitoring of all areas along the right-of-way and through contact with respective landowner/operator and local county Soil and Water Conservation District.

Topsoil deficiency and trench settling shall be restored with imported topsoil that is consistent with the quality of topsoil on the affected site. Excessive amounts of rock and oversized stone material shall be determined by a visual inspection of the right-of-way. Results shall be compared to portions of the same field located outside of the right-of-way. Included in the determination of relative rock and large stone content is the right-of-way's condition subsequent to tillage and the relative concentration of such materials within the right-of-way as compared to off the right-of-way. All excess rocks and large stones shall be removed and disposed of by the Company.

On site monitoring on agricultural lands shall be conducted at least three times during the growing season and shall include a comparison of growth and yield for crops on and off the right-of-way. When the subsequent crop productivity within the affected right-of-way is less than that of the adjacent unaffected agricultural land, the Agricultural Inspector, in conjunction with the Company as well as other appropriate organizations, shall help to determine the appropriate rehabilitation measures for the Company to implement. During the various stages of the project, all affected farm operators shall be periodically apprised of the duration of remediation by their respective Agricultural Inspector. Because conditions that require remediation may not be noticeable at or shortly after the completion of construction, the signing of a release form prior to the end of the remediation period shall not relieve the Company's responsibility to fully redress all project impacts. After completion of the specific remediation period, the Company shall continue to respond to the reasonable requests of the landowner/operators to correct project related affects on the agricultural resources.

On lands subject to erosion, the Company shall patrol the pipeline right-of-way with reasonable frequency to detect erosion of the top cover.  Whenever the loss of cover due to erosion creates a safety issue the Company shall take corrective action.

f. Revegetation of Untilled Land.

(1) Crop production. Agricultural land not in row crop or small grain production at the time of construction, including hay ground and land in conservation or set-aside programs, shall be reseeded, including use of a cover crop when appropriate, within five days following completion of deep tillage and replacement of the topsoil.  The seed mix used shall restore the original or a comparable ground cover unless otherwise requested by the landowner. If the land is to be placed in crop production the following year, item “f(2)” below shall apply.

(2) Delayed crop production. Agricultural land used for row crop or small grain production which will not be planted in that calendar year due to the pipeline construction shall be seeded with an appropriate cover crop within five days following replacement of the topsoil and completion of deep tillage. However, cover crop seeding may be delayed if construction is completed too late in the year for a cover crop to become established and in such the area shall be dormant seeded and covered with straw mulch to prevent soil erosion and prevent soil crusting.

(3) Woody Vegetation.  Areas cleared of woody vegetation will be planted to native seed mixes including grasses such as Canada or Virginia Wildrye. (See Indiana NRCS Standard Upland Wildlife Habitat Management for further guidance). 

(4) Wetlands.  Any wetlands that are negatively impacted by pipeline construction will be restored to their preexisting condition, including but not limited to restoration of hydrology and vegetative components

10.        Prevention of Soil Erosion

A.                              Rockies Express will follow the guidelines described and approved in its Upland Construction Plan (REX Plan) and Wetland and Waterbody Construction and Mitigation Procedures (REX Procedures).

Rockies Express will work with landowners to prevent excessive erosion on right-of- way that has been disturbed by construction.  Reasonable methods will be implemented to control erosion.  This is not a requirement, however, if the land where the pipeline is constructed is cropland, is not considered Highly Erodible Lands (HEL) by USDA standards, and that the landowner intends to leave bare until the next crop is planted.

B.                               The use of a landowner acceptable cover crop (i.e. annual rye grass) to minimize soil erosion shall be implemented unless the landowner/tenant express otherwise in writing.

C.                              If the landowner and Rockies Express cannot agree upon a reasonable method to control erosion on the landowner's right-of-way, the recommendations of the appropriate county Soil and Water Conservation District and/or FERC will be considered by Rockies Express and the landowner.

D.                              Areas cleared of woody vegetation will be planted in accordance with any site specific restoration requirements, including Rockies Express’s Plans or Procedures, FERC Certificate conditions,  Indiana Classified Forests, Migratory Bird Treaty Act Conservation Agreement, Section 404/401 permit requirements, and/or IDEM Floodway permit requirements

V. Damages to Private Property.

13.        Damages to Private Property

a. The pipeline company will reasonably compensate landowners for any pipeline construction-related damages caused by the pipeline company that occur on or off of the established pipeline right-of-way.

A.          Rockies Express will reasonably compensate landowners for any construction-related damages caused by Rockies Express that occur on or off of the established pipeline right-of-way.

b. Compensation for damages to private property caused by the pipeline company may extend beyond the initial construction of the pipeline, to include those damages caused by the pipeline company during future construction, operation, maintenance, and repairs relating to the pipeline.

B.         Compensation for damages to private property caused by Rockies Express shall extend beyond the initial construction of the pipeline, to include those damages caused by Rockies Express during future construction, operation, maintenance, and repairs relating to the pipeline.

VI. Clearing of Trees and Brush from the Easement During Pipeline Construction.

14.        Clearing of Trees and Brush from the Easement

Rockies Express will identify black cherry trees located on the right-of-way near active livestock use areas during the construction plan development.

Rockies Express will identify black cherry trees located on the right-of-way near active livestock use areas during the construction plan development.

a. If trees are to be removed from the right-of-way, the pipeline company will consult with the landowner to determine if there are trees of commercial or other value to the landowner.

A.         If trees are to be removed from the right-of-way, Rockies Express will consult with the landowner to determine if there are trees of commercial or other value to the landowner.

b. If there are trees of commercial or other value to the landowner, the pipeline company will allow the landowner the right to retain ownership of the trees with the disposition of the trees to be negotiated prior to the commencement of land clearing.

B.         If there are trees of commercial or other value to the landowner, Rockies Express will compensate the landowner at a fair market value for the trees as well as allow the landowner the right to retain ownership of the trees with the disposition of the trees to be negotiated prior to the commencement of land clearing.

c. Unless otherwise restricted by federal, state or local regulations, the pipeline company will follow the landowner's desires regarding the removal and disposal of trees, brush, and stumps of no value to the landowner by burning, burial, etc., or complete removal from any affected property.

D.         Unless otherwise restricted by federal, state or local regulations, Rockies Express will follow the landowner's desires regarding the removal and disposal of trees, brush, and stumps of no value to the landowner by burning, burial, etc., or complete removal from any affected property.

VII. Interference with Irrigation Systems During Pipeline Construction.

15.        Interference with Irrigation Systems

If it is feasible and mutually acceptable to Rockies Express and the landowner, temporary measures will be implemented to allow an irrigation system to continue to operate across land on which the pipeline is also being constructed.

If the pipeline or temporary work areas intersect an operational (or soon to be operational) spray irrigation system, the pipeline company shall establish with the landowner an acceptable amount of time the irrigation system may be out of service. If, as a result of pipeline construction activities, an irrigation system interruption results in crop damages, either on the pipeline right-of-way or off the right-of-way, the landowner will be reasonably compensated for all such crop damages.

A.         If the pipeline and/or temporary work areas intersect an operational (or soon to be operational) spray irrigation system, Rockies Express will establish with the landowner an acceptable amount of time the irrigation system may be out of service.

B.         If, as a result of pipeline construction activities, an irrigation system interruption results in crop damages, either on the pipeline right-of-way or off the right-of-way, the landowner will be reasonably compensated for all such crop damages.

VIII. Pumping Water from Open Trenches During Pipeline Construction.

19.        Pumping of Water from Open Trenches

No back filling shall be done in water filled trenches; all freestanding water shall be removed prior to any back filling. If it becomes necessary to pump water from open trenches, the pipeline company shall pump the water in a manner that will avoid damaging adjacent agricultural land, crops or pasture. If water-related damage occurs under this paragraph, the pipeline company shall restore the land, crops, pasture, water courses, etc., to its pre-construction condition or reasonably compensate the landowner for damages.

A.                 No back filling shall be done in water filled trench.  All freestanding water shall be removed prior to any back filling.

B.         In the event it becomes necessary to pump water from open trenches, Rockies Express will pump the water in a manner that will avoid damaging adjacent agricultural land, crops, and/or pasture.  Such damages include, but are not limited to, the inundation of crops for more than 24 hours, the deposition of excessive sediment in ditches and other water courses, and the deposition of subsoil sediment and gravel in fields and pastures.

C.         If it is impossible to avoid water-related damages as described in Item 19.A. above, Rockies Express will reasonably compensate the landowners for the damages or will correct the damages so as to restore the land, crops, pasture, water courses, etc. to their pre-construction condition.

D.         All pumping of water shall comply with existing drainage laws, local ordinances relating to such activities, and provisions of the Clean Water Act.

IX. Advance Notice and Animal Containment.

21.        Advance Notice of Access to Private Property

a. The pipeline company will provide the landowner or tenant with a minimum of 72 hours prior notice before accessing his/her property for the purpose of constructing the pipeline or completing routine maintenance or repairs.  Prior notice shall first consist of a personal contact or a telephone contact, whereby the landowner or tenant is informed of the pipeline company's intent to access the land. If the landowner or tenant cannot be reached in person or by telephone, the pipeline company will mail or hand deliver to the landowner or tenant's home a dated, written notice of the pipeline company's intent.  The landowner or tenant need not acknowledge receipt of the written notice before the pipeline company can enter the landowner's property.

A.         Rockies Express will provide the landowner or tenant with a minimum of 24 hours prior notice before accessing his/her property for the purpose of constructing the pipeline, but will attempt to provide at least 48 hours notice..

B.         Prior notice shall first consist of a personal contact or a telephone contact, whereby the landowner or tenant is informed of Rockies Express's intent to access the land.  If the landowner or tenant cannot be reached in person or by telephone, Rockies Express will mail or hand deliver to the landowner or tenant's home a dated, written notice of Rockies Express's intent.  The landowner or tenant need not acknowledge receipt of the written notice before Rockies Express can enter the landowner's property.

b. The pipeline company must provide a means of enclosing livestock, horses or other animals which are confined to any area by the use of fencing when the original fence will be removed for construction, routine maintenance or repairs.  Any temporary fence which is constructed must be of sufficient strength and design to hold the animals which will be housed in the enclosure.  Upon completion of the work, the pipeline company shall provide permanent fencing of equivalent strength and design to the original.

X. Designation of a Pipeline Company Point of Contact for Landowner Inquiries or Claims.

Every effort will be made by the pipeline company to determine all affected landowners on the route of the pipeline and to provide the Indiana Utility Regulatory Commission (IURC) with a complete and accurate list of the affected owners, their addresses and any other ascertainable contact information. For each pipeline construction project subject to these guidelines, the pipeline company shall designate a point of contact for landowner inquiries or claims and provide the IURC with the name of such designee, as well as a toll-free telephone number and an address through which that person can be reached. The pipeline company shall provide the same information to all affected landowners at least 45 days prior to commencement of construction. Any change in the point of contact shall be promptly communicated in writing to the IURC and landowners. A designated point of contact shall remain available for all landowners for at least one year following completion of construction and for landowners with unresolved damage claims until such time as those claims are settled.

22.        Reporting of Inferior Agricultural Impact Mitigation Work

No later than 45 days prior to the commencement of the pipeline construction across a landowner’s property, Rockies Express will provide the landowner with a toll-free number the landowner can call to alert Rockies Express should the landowners observe inferior agricultural impact mitigation work which is being done or has been carried out on his/her property.

For each pipeline construction project subject to these guidelines, the pipeline company shall designate a point of contact for landowner inquiries or claims and provide the IURC with the name of such designee, as well as a toll-free telephone number and an address through which that person can be reached. The pipeline company shall provide the same information to all affected landowners at least 45 days prior to commencement of construction. Any change in the point of contact shall be promptly communicated in writing to the IURC and landowners. A designated point of contact shall remain available for all landowners for at least one year following completion of construction and for landowners with unresolved damage claims until such time as those claims are settled.

XI. Indemnification.

23.        Indemnification

The pipeline company will indemnify all landowners upon which such pipeline is installed, their heirs, successors, legal representatives, and assigns from and against all claims, injuries, suits, damages, costs, losses, and reasonable expenses resulting from or arising out of the laying, maintenance, removal, repair, use or existence of such pipeline, whether heretofore or hereafter laid, including damage to such pipeline or any of its appurtenances and the leaking of its contents, except where claims, injuries, suits, damages, costs, losses, and expenses are caused by the negligence or intentional acts, or willful omissions of such owners, their heirs, successors, legal representatives, and assigns.

Rockies Express will indemnify all owners of agricultural land upon which such pipeline is installed.  This indemnification is made part of each easement agreement.

XII. Separate Agreements.

These guidelines do not preclude the application of provisions for protecting or restoring property that are different from those contained herein, or in a land restoration plan, which are contained in easements or other agreements independently executed by the pipeline company and the landowner. The alternative provision shall not be inconsistent with state or federal law. The agreement shall be in writing.

Unless an easement specifically provides to the contrary, the actions specified in the pipeline standard and construction specifications attached to this Plan will be implemented in accordance with the conditions listed below:

A.     The Company shall provide a copy of this Plan to the Landowner and the Landowner can forward to their Tenant prior to obtaining an easement from said Landowner. Additionally, Rockies Express will provide a copy of this Plan to each of the Soil and Water Conservation Districts and Farm Bureau offices through which the pipeline traverses.

B.       All actions are subject to change by Landowners, provided such changes are negotiated in advance of construction and acceptable to the Company, FERC and any permitting agency. To satisfy FERC requirements, any modification to an action must provide an equal or greater level of environmental protection than the original action and may need the approval of FERC before it can be implemented.

C.       The Company may negotiate with Landowners to carry out the actions that Landowners wish to perform themselves, but shall not compensate the landowner for any measures carried out themselves until final inspection has been approved by the Company and at a minimum any measure carried out by a landowner has followed guidelines set forth in the Rockies Express Plan.

D.          All mitigative actions employed by Rockies Express, unless otherwise specified in these construction standards and policies or in an easement negotiated with a landowner, will be implemented within 45 days of completion of the pipeline facilities on any affected property, weather and landowner permitting.  Temporary repairs will be made by Rockies Express during the construction process as needed to minimize the risk of additional property damage that may result from an extended construction time period.  If weather delays the completion of any mitigative action beyond the 45 day period, Rockies Express will provide the affected landowner(s) with a written estimate of the time needed for completion of the mitigative action.

E.          Unless otherwise agreed to by Landowners all actions pursuant to this Plan shall extend to associated future construction, maintenance and repairs by the Company.

F.          After construction, Rockies Express will provide the Landowners with drawings showing the location by survey station of tile lines encountered in the construction of the pipeline.  The drawings will include a depth measurement from existing ground and will be provided on a county-by-county basis to the SWCDs.

G.         The Company shall implement the actions contained in this Plan to the extent that they do not conflict with the requirements of any applicable federal, state and local rules and regulations and other permits and approvals that are obtained by the Company for the project. The provisions and requirements of this Plan shall be deemed to be included in all easements associated with agricultural lands unless the easement specifically provides to the contrary.

H.          Each action contained in this Plan shall be implemented to the extent that such action is not determined to be unenforceable by reason of the actions approved by, or other requirements, of the FERC Certificate issued for the project. The Company agrees to include this Plan as part of its submissions to FERC and hereby expressly agrees to the inclusion of the terms contained in this Plan in the Environmental Impact Statement to be issued in conjunction with the anticipated Certificate of Public Convenience and Necessity.

I.             Prior to the construction of the pipeline, the Company shall provide each Landowner and Tenant with a telephone number and address which can be used to contact the Company, both during and following the completion of construction, regarding the work that was performed on their property or any other construction-related matter. The Company shall respond promptly to Landowner and Tenant telephone calls and correspondence.

J.           Certain provisions of this Plan require the Company to consult or agree with the Landowner and Tenant(s) of a property. The Company shall engage in a good faith effort to secure the agreement of both Landowner and Tenant in such cases. In the event of a disagreement between Landowner and Tenant, the Company's obligation under this Plan shall be satisfied by securing the Landowner's agreement.  Legal documents executed between the Landowner and Tenant will be part of the acquisition.

K.          If any provision of this Plan is held to be unenforceable, no other provision shall be affected by that holding, and the remainder of the Plan shall be interpreted as if it did not contain the unenforceable provision.

L.           A local forester shall be hired by the Company to appraise the merchantable value of any timber to be cut for construction of the pipeline.  The Landowner shall be compensated 100 percent of the value.

XIII. Contact Information.

To Be Determined