HomeMy WebLinkAbout25-57 Wes DJ Gathering, Llc & Wattenberg Oil Complex Llc. Master Encroachment License Agreement 05-14-2025RESOLUTION NO. 25-57
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING A MASTER ENCROACHMENT LICENSE AGREEMENT
BETWEEN THE TOWN OF FIRESTONE, WES DJ GATHERING, LLC AND WES
WATTENBERG OIL COMPLEX, LLC
WHEREAS, to engage in gathering, compressing, treating, processing, and transporting natural
gas, oil, and related products, WES DJ Gathering, LLC and WES Wattenberg Oil Complex, LLC
(collectively, "Western Midstream") desires to install, construct, own and operate certainexisting and
future underground oil, gas, and produced water pipelines ("Facilities"), in various locations within the
Town's rights -of -way; and
WHEREAS, the Town and Western Midstream wish to define the terms of Western Midstream's
use of the Town rights -of -way for the above -stated purpose, and to establish a method by which the Town
may administratively pennit the installation of new, and the continued location, operation, maintenance,
repair and replacement of existing, Facilities within Town rights -of -way over time using a consistent
process(the "Master Encroachment License Agreement"); and
WHEREAS, the attached Master Encroachment License Agreement clearly defines the rights and
responsibilities of the parties in relation ₹o Western Midstream's use of Town rights -of -way in furtherance
of its oil and gas operations, and the Board of Trustees finds that entering into the Master Encroachment
License Agreement is in the best interests of the Town, and is a rational means by which to promote the
health, safety and welfare of the Town's residents and the community as a whole.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Master Encroachment License Agreement between the Town of Firestone and Western
Midstream, in a form substantially similar to the copy attached hereto as Exhibit A, is hereby approved, and
the Mayor is authorized to sign and execute the agreement on behalf of the Town.
PASSED AND ADOPTED this 14th day of May, 2025.
MASTER ENCROACHMENT LICENSE AGREEMENT
tr This MASTER ENCROACHMENT LICENSE AGREEMENT ("Agreement") dated as of the
day of 2025 (the Effective Date"), is between the Town of Firestone, a Colorado
statutory municip li (the "Town" or "Owner"), and WES DJ Gathering LLC & WES Wattenberg Oil
Complex LLC, whose address is 9950 Woodloch Forest Drive, STE 2800, The Woodlands, TX 77380
("Licensee"). Town and Licensee may be referred to in the singular sense as a "Party" or in the collective
sense as the "Parties,"
Recitals
The Town is the owner of real property located in the Town of Firestone in Weld County,
Colorado, which is also a public right of way (collectively, "Town Property").
Licensee proposes to locate, place, install, construct, own and operate certain existing and future
underground Oil, Gas, and Produced Water pipelines ("Underground Facilities") on Town Property in
locations detailed in Exhibit XX or to be determined at a later time, in connection with Licensee's oil and
gas operations; and
The Town desires to grant to Licensee certain Site Supplements for the installation of Underground
Facilities and to establish a method by which the Town may administratively permit the installation of
new, and the continued location, operation, maintenance, repair and replacement of existing, Underground
Facilities on the Town Property over time using a consistent process.
AGREEMENT
For good and valuable consideration given and acknowledged by the Parties, and in consideration
of the provisions set forth herein, the parties agree as follows:
SECTION 1. DEFINITIONS
For purposes of this Agreement and in addition to the terms defined elsewhere herein, and in
addition to the terms defined elsewhere herein, the following terms shall have the following meanings:
1. "AfIiate" of, or a Person "Affiliated" with, a specified Person means a Person that directly, or
indirectly through one or more intermediaries, controls, or is controlled by, or is under common
control with, such specified Person. The term "control" means the possession, directly or
indirectly, of the power to direct or cause the direction ofthe management and policies of a Person,
whether through the ownership of voting securities, by contact, or otherwise.
2. "Laws" means any and all applicable federal, state, and local laws, statutes, constitutions, code,
ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals or other
applicable requirements of the Town or other governmental entity, agency or judicial authority
having joint or several jurisdiction over the Parties to this Agreement, including without limitation
all current and future federal, state and local statutes, regulations, ordinances and rules relating to:
the emission, discharge, release or threatened release of a hazardous material in the air, surface
water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage,
disposal, transportation, handling, removal, remediation or investigation of a hazardous material;
and the protection of human health, safety or the indoor or outdoor environmental, including
without limitation the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. § 9601, et. seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C.§
1801, et. seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA");
the Toxic Substances Control Act, 15 U.S.C. § 2601, et. seq.; the Clean Water Act 33 U.S.C. §
1251, et. seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety
and Health Act; all applicable environmental statutes ofthe State of Colorado; and all other federal,
state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees,
regulating, relating to, or imposing liability or standards of conduct concerning any hazardous,
toxic or dangerous waster, substance or material, as now or at any time hereafter in effect.
3. "Person" means an individual, a partnership (general, limited or limited liability), a corporation,
a limited liability company, an association, a joint stock company, a trust, a joint venture, an
unincorporated organization, any other entity or organization, or a governmental authority.
-1-
4. "Public Project" means any public work or improvement within the Town that is wholly owned
by the Town; or any public work or improvement within the Town where at least fifty (50%)
percent or more of the funding is provided by any combination of the Town, the federal
government, the State of Colorado, any Colorado county, the Northern Colorado Water
Conservancy District, and all entities established under Title 32 of the Colorado Revised Statutes.
5. "Public Right-of-Wa/' means the space in, upon, above, along, across, and below the public
streets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks and bicycle lanes,
including all public rights -of -way, utility easements and public service easements as the same now
or may hereafter exist, and Town -owned properties, that are under the jurisdiction of the Town.
This term shall not include Town parkland, open space, trails, state or federal rights of way, or any
property owned by any person or entity other than ₹he Town, except as provided by applicable
Laws or pursuant to an agreement between the Town and any such person or entity.
6. "Site" means a location on Town Property for Licensee's installation of Underground Facilities.
7. "Site Supplement" means the form of site supplement set forth in Exhibit A. attached hereto and
incorporated herein by reference.
8. "Town Afliate" means any federal, provincial, state, city, county, quasi -municipal corporation, or
other unit of local government, local planners, developers, engineers, contractors, land surveyors,
or anyone involved in land development or the furnishing of utility services in connection with
residential or non-residential development within town limits.
SECTION 2. LICENSE
1. Grant of License. Owner hereby grants to Licensee a non-exclusive, revocable (pursuant
to the terms of Section 4 herein) license to use Town Property to install, operate, maintain, upgrade,
remove, reattach, reinstall, relocate, abandon and replace the Underground Facilities at each Site, subject
to the terms and conditions of this Agreement (the "License").
2. No Estate Created or Conveyed. It is the express intent of the Parties that the License
granted herein does not create or convey an estate, interest, or claim in or to Town Property or a Site, and
that the Licensee's location, construction, and use of Underground Facilities on Town Property does not
create a license coupled with any property interest in or claim to the Site or Town Property.
3. No Franchise Granted or Convey. Nothing in this Agreement shall be deemed to grant
a franchise or other right to utilize Town Property or Public Rights -of -Way to construct a gas plant or gas
system or provide gas utility services, construct an electric system, or provide electric utility 'services.
4. Applicability of Town Review Process and Requirements. Nothing in this Agreement shall
waive or modify the Licensee's obligation to comply with the Town's applicable review procedures and
requirements set forth in applicable Laws, in the placement of the Licensee's Underground Facilities.
5. Obtaining Rectuired Permits. If the installation, operation, maintenance or location of the
Underground Facilities' shall require any permits, Licensee shall, if required under applicable Town
ordinances, apply for the appropriate permits and pay any standard and customary permit fees. As a
condition of obtaining any permit that involves digging or other excavation in Public Right -of -Way or,
the Licensee shall physically identify the horizontal and vertical locations of any other existing
underground utility or other facilities in the proximity of the proposed work area or Site and illustrate such
locations on plan and profile drawings also illustrating the proposed Underground Facilities. Such
drawings shall be provided to the Town with each request for a supplemental site license. Construction
shall not begin until written confirmation of grant of a supplemental site license by the Town and the
acquisition of all necessary permits. Any such written confirmation shall not be unreasonably withheld,
delayed or denied.
6. Permitted Users. -Licensee's Affiliates, employees, contractors, agents, and representatives
('Permitted Users") may use the License, provided that all such uses shall be within the scope of this
Agreement and as detailed in Exhibit B.
7. Scope of Agreement. Any and all rights expressly granted to Licensee under this
Agreement, which shall be exercised at Licensee's sole cost and expense, shall be subject to the Town's
lawful exercise of its police powers and the prior and continuing right of the Town under applicable Laws
-2-
to use any and all parts of Town Property exclusively or concurrently with any other person or entity and
shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, leases,
licenses, permits, franchises, encumbrances, and claims of title of record which may affect the License
Area. However, nothing herein shall cause damage to any Underground Facilities or unreasonably
interfere with Licensee's rights granted in this License. Any work performed pursuant to the rights granted
under this Agreement shall be subject to the reasonable prior review and approval of the Town and shall
conform with applicable Laws.
SECTION 3. USE OF SITE
1, Town Property may be used by the Licensee for the sole and exclusive purpose of
accessing, locating, constructing, installing, operating, maintaining, repairing, removing, and replacing
the Underground Facilities according to the Site Supplement. This License shall not constitute permission
or authority from the Town for Licensee to use Town Property for the purposes of operating, moving, or
transporting oversize and overweight vehicles and loads or any loads of produced hydrocarbons in
connection with any of Licensee's oil and gas activities or operations on roadways within the Town.
1
2. Licensee may permit its Affiliates, employees, business, invitees, contractors, tenants,
subcontractors, lessees, agents, customers and others to use the portion of the Town's Property for which
the License has been executed, so long as such use complies with this Agreement.
3. The Underground Facilities shall be installed in accordance with the plans and specifications
approved by the Town Engineer prior to beginning the installation of such Underground Facilities, and any
appropriate permits issued by the Town that involve digging or other excavation in a Public Right -of -Way.
The Town Engineer may require modifications to such plans and specifications prior to approval thereof or
issuance of any appropriate permits.
4. All work approved by the Town shall be completed in compliance with all codes,
ordinances, rules, and regulations of the Town.
5. All Underground Facilities installed within the Site shall be buried to a depth of not less than
forty-eight inches (48") from the existing ground elevation. Except for surface markers, all facilities installed
pursuant to the license granted herein shall be located entirely underground.
6. Except for the Underground Facilities specifically authorized by the Town. Licensee shall not
place, build, erect, or add any structures, pipelines, facilities, improvements or other items on, under, over or
across the Site or Town Property.
7. Any changes, expansions or alterations in any way to the Underground Facilities shall
require additional advance approval by the Town.
8. Licensee's use of the Site shall be subject to all existing utility easements, if any, located
on, under, or above the Town Property.
9. Licensee acknowledges that the use hereunder is of the Site in its present, as -is condition
with all faults, whether patent or latent, and without warranties or covenants, express or implied. Licensee
acknowledges that Owner shall have no obligation to repair, replace, or improve any portion of the Town
Property in order to make the Site or Town Property suitable for Licensee's intended uses.
10. Licensee, in the exercise of its rights and obligations under this Agreement, shall not
interfere in any manner with the current or future existence and operation of any and all Public Rights of
Way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and
telephone wires, cable television, and other communications, utility, or municipal property, without the
express written approval of the owner or owners of the affected property or properties, except as permitted
by applicable Laws or this Agreement. If any future operations of any Public Rights of Way, sanitary
sewers, water mains, storm drains, gas mains, pole, aerial or underground electrical and telephone wires,
cable television, and other communications, utility, or municipal property are to interfere with any of
Licensee's existing Underground Facilities, Section 6.2 stated below shall apply.
11. Prior to undertaking any work pursuant to this Agreement, Licensee shall take all actions
necessary to become a tier 1 member of the Utility Notification Center of Colorado, and comply with and
adhere to local procedures, customs and practices relating to the one call locator service program
established in C.R.S. Section 9-1.5-101, et seq., as such may be amended from time to time.
-3-
SECTION 4. TERM AND TERMINATION
1. This initial term of this Agreement shall commence on the Effective Date and shall extend for
a term often (10) years commencing on the date that Licensee installs the Underground Facilities in the
Site, unless terminated by either Party in accordance with the provisions herein ("Initial Term"). This
Agreement will automatically renew for successive (10) year terms ("Renewal Term") upon the expiration
ofthe Initial Term and any Renewal Term unless earlier terminated as provided herein or a written notice
ofnon-renewal is given by either party to the other party at least thirty calendar days prior to the expiration
of the Term then in effect.
2. Either Party may terminate this Agreement if the other Party defaults in the performance
of any of its obligations hereunder and fails to cure such default within 30 days following the giving of
written notice by the other party pursuant to Section 9.4.
3. Licensee may abandon any or all of the Underground Facilities on Town Property by
delivering written notice of its intent to abandon such Underground Facilities to the Town. When any
Underground Facilities have been abandoned pursuant to this subsection, or upon termination of any Site
Supplement, the Town shall determine within thirty (30) days whether the affected Town Property is
needed for a Public Project. If so, Licensee shall, within one hundred eighty (180) days of the Town's
determination, cut, clean, and remove all Underground Facilities, repair any damage to the Town Property
caused by such removal, and restore the Town Property to its condition prior to the installation of the
Underground Facilities, reasonable wear and tear excepted. If the Town determines that the Town Property
is not needed for a Public Project, or that removal is not in the best interest of the public health, safety, or
welfare, Licensee may abandon the Underground Facilities in place. If Licensee abandons any
Underground Facilities in place, they shall be abandoned in compliance with all applicable state rules and
regulations, including that Licensee shall cap and structurally fill any underground pipeline installed
within the Public Right of Way in accordance with applicable Laws.
SECTION 5. RESERVATION OF RIGHTS
1. Owner reserves all other rights in and to Town Property or each Site, including the Town's
lawful exercise of its police powers and the prior and continuing right ofthe Town under applicable Laws
to use and occupy any and all parts of Town Property or each Site exclusively or concurrently with any
other person or entity for any purposes whatsoever, including without limitation, other utilities and utility
crossings, irrigation systems, landscaping, vehicular and pedestrian access, or any other surface or
underground improvements.
2. Should the Underground Facilities, for any reason, impede, restrict or limit in any manner
whatsoever Owner's use of Town Property or of each Site, Licensee shall be responsible for any incremental
cost incurred by the Town to bypass or to avoid disturbing the Underground Facilities when designing,
constructing, installing, or modifying any future improvements within Town Property or each Site. Licensee
shall have the right to review the incremental cost estimate from Town and explore alternative options in
accordance with the conditions of Section 6 prior to Town proceeding with constructing, installing, modifying
future improvements within Town Property.
SECTION 6. MAINTENANCE; RELOCATION AND DISPLACEMENT; DAMAGE
AND RESTORATION; ENCROACIIIt•',IENT
Maintenance.
(a) Licensee agrees to take such actions, at its sole expense, as are necessary to maintain the
Underground Facilities in good and safe working condition at all times. Licensee further agrees to comply at
all times with the ordinances, resolutions, rules, and regulations of the Town in Licensee's use and occupancy
of the Town Property when performing any maintenance activities.
(b) In the exercise of its rights pursuant to this Agreement, Licensee shall avoid any damage
or interference with any owner installations, structures, utilities, or improvements on, under, or adjacent
to the Town Property.
2. Relocation and Displacement of Facilities. Parties agree that the term "relocation" is any
conflict accommodation including but not limited to lowering, reboring, temporarily removing and
reinstalling or any other option available in order to resolve any potential conflict between Licensee's
-4-
Underground Facilities and the Town. Licensee understands and acknowledges that Town may require
Licensee to relocate one or more of its Underground Facilities, if Town reasonably determines that the
relocation is needed for any of the following purposes: (a) if relocation is necessary for the construction,
completion repair, relocation, or maintenance of a Town facility or Public Right -of -Way; (b) because the
Underground Facilities are interfering with or adversely affecting proper operation of street lights, traffic
signals, governmental communications networks or other Town property uses in existence as of the date
of this Agreement; or (c) if relocation is necessary to protect or preserve the public health or safety. In any
such case, Town shall use its best efforts to avoid construction of Town facilities that may require
relocation of the Underground Facilities (but shall not be required to incur additional or unreasonable
financial costs). Town shall coordinate with Licensee and provide plans during the planning and design
phase of development i.e. before final plans are determined in order to help further eliminate the need for
relocation of Underground Facilities. Should Town determine, in their sole analysis a relocation is
required to the Underground Facility for the purposes stated above, Town shall coordinate with Licensee
to understand all options prior to a final determination that removal and relocation is required. In the event
construction of Town facilities cannot be completed without relocation of the Underground Facilities,
Town shall use its best efforts (but shall not be required to incur additional or unreasonable financial costs)
to afford Licensee a reasonably equivalent alternate location on Town property. If Licensee shall fail to
relocate any Underground Facilities on Town property as requested by the Town within one hundred and
eighty (180) days after the above -referenced notice in accordance with the foregoing provision, Town
shall revoke Licensee's license associated with that crossing until the requested Underground Facilities
are relocated.
3. Damage and Restoration.
(a) Licensee shall be responsible for all damage to the Site or Town Property caused by the
Underground Facilities, or its use of the Underground Facilities or License granted herein. Licensee, at its
sole expense, shall restore the surface of the Site and shall restore any improvements, landscaping, and other
facilities located in the Site to the conditions that existed immediately prior to the commencement of any of
Licensee's activities permitted hereunder.
(b) Whenever the removal or relocation of Underground Facilities is required or permitted
under this Agreement, and such removal or relocation shall cause the Site to be damaged, Licensee, at its
sole cost and expense, and within thirty (30) days after such damage occurs, repair the damage and return
the Site in which the Underground Facilities are located to a safe and satisfactory condition in accordance
with applicable laws. If Licensee does not repair the damage and Site as just described, then the Town
shall have the option, upon fifteen (15) days' prior written notice to Licensee, to perform or cause to be
performed such reasonable and necessary work on behalf of Licensee and to charge Licensee for the actual
costs incurred by the Town. Upon the receipt of a demand for payment by the Town, Licensee shall
promptly reimburse the Town for such costs. In the case of fiare, disaster or other emergency, the Town
may remove or disconnect Licensee's Underground Facilities located in the Site or on any other property
of the Town. The Town shall provide reasonable notice to Licensee prior to taking such action and shall
provide Licensee with the opportunity to perform such action within twenty-four (24) hours unless, in the
Town's reasonable discretion, the imminent threat to public health safety or welfare makes such notice
impractical.
4. Encroachment.
(a) Removal and Abandonment of Existing Pipelines. To further the Town's future
development goals and opportunities, Licensee agrees to remove certain pipelines as listed on Exhibit "B",
following custody meter termination and release the associate easements thereto. Licensee shall have one -
hundred and eighty (180) days ("Removal Term") from the date of custody meter termination to remove
the associated pipeline(s) and immediately restore the surface back to the conditions that existed prior.
Parties agree that pipeline removal is subject to landowner approval and Removal Term is subject to
inclement weather, seasonal restrictions, permitting, crops, and events of force majeure. Parties also agree
that abandonment of certain pipelines is acceptable if located within established developments where
removal would result in significant environmental impact as well as substantial community disruption.
(b) Cooperative Development
(1) Future Public Rights -of -Way,
(A) In cases where future Public Right of Way is dedicated from a Town
Affiliate to the Town via a future subdivision final plat or by other written instrument after
the Effective Date of this Agreement, and the Town accepts such dedication of Public Right
-5-
of Way subject to Licensee's existing easement of record that is prior in time or superior
in right, Licensee hereby consents to the construction, installation and the continued
location, operation, maintenance, repair and replacement of such Public Right of Way on
or under all or a portion of any such easement areas held by Licensee, provided that:
(1) When constructing and installing any Public Right of Way,
including alterations, replacements or future modifications thereto, the Town shall
take all steps reasonably necessary not to impact, disturb, interfere with, or
otherwise damage the Underground Facilities;
(U) If construction activity on any Public Right of Way involves any
material, foreseeable risk of damage (including subsurface crossings or crossing the
surface with heavy equipment) to the Underground Facilities, the Town or its
respective delegates or assignees will provide a minimum of sixty (60) days prior
written notice to Licensee prior to undertaking such activities and shall work in
good faith with Licensee to identify and agree upon measures to avoid or minimize
such damage, or to allow Licensee an opportunity to relocate the Underground
Facilities prior to the Town or its respective delegates or assignees undertaking such
construction activities. Licensee has the right to have a representative on site for
any future construction activity that shall occur around the Underground Facilities.
(M) Licensee's rights to continue the use of its easement rights are not
to be curtailed, unreasonably interfered with, or otherwise materially affected.
(IV) The Public Right of Way does not unreasonably interfere with or
otherwise endanger the Underground Facilities.
(V) Any underground improvements or facilities within Public Right of
Way will have a minimum of 30 inches of vertical clearance from actual pot -holed
elevations of the Underground Facilities and at least ten (10) feet of horizontal
clearance from actual pot -holed elevations of the Underground Facilities.
(B) Upon their dedication and acceptance by the Town, Public Rights of Way
shall at all times be the responsibility and property of the Town and shall be maintained
and operated at the Town's expense.
(C) Each Party shall take all reasonable steps necessary to not impact, disturb
or otherwise damage the Underground Facilities or Public Right of Way when such party
is constructing, installing, maintaining, repairing, or operating any new facilities, or future
modifications to any existing facilities and improvements on or under the Town Property.
If a planned maintenance, alteration, enlargement, relocation, reconstruction, cleaning, or
repair activity by either party involves a material foreseeable risk of damage or injury to,
relocation of, or removal of some or all of the other party's facilities or improvements, then
such party or its delegates or assignees will provide notice to the other party prior to
undertaking such activities and shall work in good faith with the other party to identify
measures to avoid or minimize such damage, or to allow the other party an opportunity to
relocate the facilities or improvements prior to the other party undertaking such activities.
If Public Right of Way on, within or under an existing Licensee easement must be altered,
modified, removed, relocated, or otherwise disturbed (a) in the event Licensee fails to
adequately maintain its Underground Facilities, and such failure damages or poses an
unreasonable risk of damage to Public Right of Way, necessitates any repair work to or
replacement of Public Right of Way, or makes relocation reasonable, necessary, and
foreseeable; (b) because of Licensee's or its delegates or assignees negligence,
recklessness, or intentional misconduct in operating the Underground Facilities; (c) if
required for the construction, completion, repair, operation, relocation, or maintenance of
an Underground Facility; or (d) if required for Licensee to access and perform emergency
work on its Underground Facilities, then Licensee shall restore, repair or replace any
existing Public Right of Way to the condition it was immediately in prior to initiating such
activities or subsequent restoration, repair, replacement at Licensee's sole cost and
expense, or pay to the Town damages in the amount of its expenses for relocating or
rerouting any of the Public Right of Way.
(D) The parties agree that this Licensee's consent in no way relieves the Town
from any liability for any damage to the Underground Facilities that is caused by the acts
-6-
or omissions of the Town, or its respective agents, pursuant to the exercise of rights under
this Section, except that the Town shall have no liability whatsoever for any resulting or
claimed loss of revenue or profits, loss of use or access to the Underground Facilities, loss
of commodity value, or any other indirect, special or consequential losses, Licensee shall
have the right to perform or cause to be performed such reasonable and necessary work to
repair the damage and return the Underground Facilities to a safe and working condition
in, accordance with applicable laws, and to charge the Town, if it proximately caused the
damage, for the actual, reasonable costs incurred by Licensee. The degree of repair work
required to be performed by the Licensee under this section may include without limitation
restoration or replacement. Prior to undertaking any work, however, Licensee shall first
provide written notice to the Town of any alleged damage to afford it the opportunity to
cure such damage within thirty (30) days unless, in Licensee's reasonable discretion, the
imminent threat to public health safety or welfare makes such notice impractical. Within
thirty (30) days of receipt of a demand for payment by Licensee, the Town shall reimburse
Licensee for such costs
(2) Licensee agrees to work with Town Affiliates and allow encroachment and crossing
of utilities and other above -ground or underground facilities under, across, and through existing
easements as long as Town Affiliates adhere to Licensee's System Encroachment Plan as depicted
on Exhibit "C" attached hereto and incorporated herein. In the event that Town Affiliates are not
able to meet these requirements set forth, Parties agrees that they will work in good faith to resolve
the conflict. If a pipeline removal, relocation, or lowering is required, the Town Affiliates will be
responsible for the sole cost of the work unless the terms and conditions of the existing easement
agreement state otherwise.
SECTION 7. INSURANCE
1. Coverages. Licensee shall procure and maintain or self -insure, at its own cost, a policy or
policies of insurance sufficient to insure against, claims, demands, and other obligations assumed by
Licensee pursuant to this Agreement. All of Licensee's contractors shall be insured pursuant to their
master service contracts with Licensee. Such coverages shall include:
(a) Worker's Compensation insurance as required by law_
(b) Commercial General Liability insurance with minimum combined single limits of
$2,000,000 per occurrence -for bodily injury and property damage and $5,000,000 general aggregate
including premises and operations, personal and advertising injury, blanket contractual liability, and
products, and completed operations. The policy shall contain a severability of interests provision, and
shall include the Town and the Town's officers, employees and contractors as additional insureds to the
extent of the liabilities assumed by Licensee herein.
(c) Excess or Umbrella Liability insurance, on. an occurrence basis, in excess of the
Commercial General Liability insurance, with coverage as broad as such policy, with a limit of
$2,000,000.
2. Form. Such insurance shall be in addition to any other insurance requirements imposed by
law. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers,
its employees or its contractors shall be excess and not contributory insurance to that provided by
Licensee. Licensee shall be solely responsible for any deductible losses under any policy.
3. Certificate. Licensee shall provide to Owner a certificate of insurance or self-insurance
letter as evidence that the required coverages- are in fall force and effect. The certificate or letter shall
identify this Agreement.
SECTION 8. NOTICES
Any notice required or permitted under this Agreement shall be in writing and shall be sufficient
ifpersonally delivered or mailed by certified mail, return receipt requested, addressed to the following: (1)
if to the Town, Attn: Town Manager, Town of Firestone, 9950 Park Avenue, Firestone, CO 80504; and
(ii) if to the Licensee, Attn: Land Manager — Rockies, 10188 E 1-25 Frontage Rd, Longmont, Colorado
80504, Notices mailed in accordance with the provisions of this Paragraph shall be deemed to have been
given upon mailing. Notices personally delivered shall have been deemed to have been given upon
delivery. Either party may change its address by giving notice thereof to the other party in the manner
provided in this Section 8.
-7-
SECTION 9. MISCELLANEOUS
1. Site Supplement. Installation of any future Underground Facilities on any Town Property
shall require a Site Supplement in the form attached hereto as Exhibit A. Each Site Supplement shall be
approved by the Town Administrator or designee, subject to compliance with this Agreement, and then
recorded with. the Weld County Clerk and Recorder against the Property subject to the Site Supplement.
Such approval shall not be unreasonably withheld, conditioned, or delayed, and the Town Administrator
shall make a decision within sixty (60) days of Licensee's submission of all the required information for
the Site Supplement. Within three (3) days of approval, the Town Administrator shall notify Licensee of
the Town Administrator's decision. Licensee shall submit an application for a Site Supplement, which
shall include the following information, at a minimum:
(a) Plans prepared by a licensed engineer showing engineering design, and
specifications for installation of the Underground Facilities; and
(b) Plans showing existing sidewalks, utilities, trees and other existing improvement.
2. Record Drawings. On or before the 60"' day following Licensee's completion of
construction of Underground Facilities, Licensee shall provide Owner detailed digital record drawings of
such Underground Facilities for review and acceptance in conformance with the Town's Design Criteria.
Record Drawings shall show the location of the Underground Facilities with a reference distance to an
existing section monument. The plan view shall also show existing surface features and known utilities
within ten (10) feet of the Site, as well as any valves, fittings, or other appurtenances on the gas pipeline
and within the Site.
3. Monumentation and Marking. Licensee shall place and maintain permanent, above -grade
monumentation and marking at all locations where the Underground Facilities enter upon the boundaries
of the Site, at changes of direction, and enter upon the boundaries of road right-of-way, as approved by
the Town Engineer. Markers shall include phone numbers to call for line locates and 24 -hour emergency
repair. Licensee shall install tracer wire no tore than 18" above and along the entire length of the
Underground Facilities. Licensee shall maintain all monumentation and marking for as long as the
Underground Facilities remain on Town Property.
4. Modifications. Modifications to the Underground Facilities with like -kind or similar
Underground Facilities may be made without additional Town approval (other than any permits required by
Town). If Licensee proposes to install Underground Facilities which are different from the existing
Underground Facilities in any substantial way, then Licensee shall first obtain the Town's written approval,
which shall not be unreasonably withheld, conditioned or delayed, for the use and installation of the new
Underground Facilities,
5. Assignment..Licensee may not assign or transfer this Agreement or any of the rights or
privileges therein granted, without the prior, express written consent of the Town, which consent shall not
be unreasonably withheld, conditioned, or delayed; except that such consent shall not be required for sales,
transfers, leases, assignments, subleases or disposals to any Affiliate. Such consent, if granted by the
Town, shall be conditioned upon such assignee's assumption, in writing in a form acceptable to Town, of
all of Licensee's obligations set forth herein.
6. Default.
(a) By Licensee. The Town shall provide Licensee with a detailed written notice of any
violation of this Agreement, and a thirty (30) day period within which Licensee may: (a) demonstrate that
a violation does not exist; (b) cure the alleged violation; or (c) if the nature of the alleged violation prevents
correction thereof within thirty (30) days, initiate a reasonable corrective action plan to correct such
violation. If Licensee fails to disprove or correct the violation within thirty (30) days or the timeframe set
forth in the approved action plan, then the Town may declare in writing that the Licensee is in default.
(b) By the Town. Licensee shall provide the Town with a detailed written notice of any
violation of this Agreement, and a thirty (30) day period within which the Town may: (a) demonstrate that
a violation does not exist; (b) cure the alleged violation; or (c) if the nature of the alleged violation prevents
correction thereof within thirty (30) days, initiate a reasonable corrective action plan to correct such
violation. If the Town fails to disprove or correct the violation within thirty (30) days or the timeframe set
forth in the approved action plan, then Licensee may declare in writing that the Town is in default.
_g.
(c) Termination. In the event of a default; without limiting the non -defaulting Party in the
exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the
non -defaulting Party may terminate this Agreement. The non -defaulting Parry shall have all remedies
available at law and in equity.
7. Waiver Of Claims Against Owner. Licensee hereby waives any and all claims which
Licensee may or might hereafter have or acquire against Owner for loss or damage to the Licensee's
improvements or any loss or degradation of any utility services Licensee may provide arising from the use
by Owner, or the public, of the Town's Property for any purpose, except to the extent such claims are
caused by the negligence of the Owner, its officers, its employees, or its subcontractors.
8. Indemnification. Licensee agrees to indemnify, defend and hold harmless Owner, its
officers, employees, and insurers, from and against all liability, claims, and demands, on account of injury,
loss, or damage, including without limitation claims arising from bodily injury, sickness, disease, death,
property loss or damage, or any other loss of any kind whatsoever, which are caused by: (i) the existence
of the Underground Facilities; or (ii) the use, maintenance or repair of the Underground Facilities and the
use of the Site pursuant to this Agreement, but only to the extent such claim, damage, loss, liability or
expense is caused by any negligent, reckless, or intentional act or omission of Licensee or anyone directly
employed by Licensee or anyone for whose acts Licensee may be liable.
9. Mechanics' Liens. Licensee shall not allow any mechanics' or similar liens to be filed
against the Town's Property arising from any work done by Licensee on the Town's Property, and Licensee
shall indemnify and hold Town harmless with respect thereto, including any attorney's fees incurred by
Owner in connection with any such lien or claim. If any mechanics' or other liens shall be created or filed
against the Town's Property by reason of labor performed by, or materials furnished for, the Licensee, the
Licensee shall, within 30 days thereafter, at the Licensee's own cost and expense, cause such lien or liens
to be satisfied and discharged of record together with any Notices Of Intention To File Mechanic's Lien
that may have been filed.
10. Attorney's Fees. If any action is brought in a court of law by either party to this Agreement
concerning the enforcement, interpretation or construction of this Agreement, the prevailing party, either
at trial or upon appeal, shall be entitled to reasonable attorney's fees as well as costs, including expert
witness's fees, incurred in the prosecution or defense of such action.
11. No Waiver. The failure of either party to exercise any of its rights under this Agreement
shall not be a waiver of those rights. A party waives only those rights specified in writing and signed by
the party waiving its rights.
12. Limitation of Liability: Governmental Immunity. To the extent permitted by law, the
Town shall be liable only for the cost of repair to damaged Underground Facilities arising from the gross
negligence or willful misconduct of Town, its employees, agents, or contractors and shall in no event be
liable for indirect or consequential damages. The parties hereto understand and agree that Town is relying
on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations
or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
Section 24-10-101, et seq., C.R S., as from time to time amended, or any other law or limitations otherwise
available to Town, its officers, or its employees.
13. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the parties hereto and supersedes any prior agreement or understanding relating to the subject
matter of this Agreement. Any such prior agreement shall be deemed to be null and void and of no further
effect.
14. Modification. This Agreement may not be amended except in writing by mutual agreement
of the parties, nor may rights be waived except by an instrument in writing signed by the party charged
with such waiver.
15. Parauraph Headings. Paragraph headings are inserted for convenience only and in no way
limit or define the interpretation to be placed upon this Agreement.
16. Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in
accordance with the laws of the State of Colorado, without reference to its conflicts of law principles. If
suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested
exclusively in the state courts of Colorado, County of Weld.
-9-
[Signatures and acknowledgments on following paggej
-10-
The Parties have executed this MASTER ENCROACHMENT LICENSE AGREEMENT to be
effective on the Effective Date.
OWNER:
TOWN E FIRESTONE
onCon c Jr., or
ATTEST:
By:
rr adna,4C Town Clerk
APPROVED AS TO FORM:
arshall rtin, Tc Fn Attorney
LICENSEE:
WES DJ GATHERING LLC
WES WATTENBERG OIL COMPLEX LLC
Ey: f
Name: J natbon E.E VandenBrand111"
Title: Agent & Attorney in -Fact
STATE l
) as
COUNTY OF
The forgoing MASTER ENCROACHMENT LICENSE AGREEMENT v as subscribed and
swam to before me on ' , 2025, by Jonatbon E. Vanden rand in his capacity as Agent
Attorney -in -Fact of 'ES DJ Gathering LLC WES Wattenbcrg Oil Complex L C, on behalf of such,
Colorado cc rporat on.
(Seal)
%vim ark₹ Public
TRAVIS GROSCHKE
�..
doter{ Public, State of Texas f y
Comm EX$ iris OS -2s- aas My Commission cxprres:
Notary ID 133 92630
EXHIBIT "A"
(Form of Site Supplement Agreement)
This SITE SUPPLEMENT (the "Site Supplement") is made this day of, , 20 (the
"Effective Date") by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with
an address of (the "Town") and ("Licensee").
I. Site Supplement. This is a Site Supplement as referenced in the Master Encroachment License
Agreement between the Town and Licensee dated (the "Agreement'). All of
the terms and conditions of the Agreement are incorporated herein by reference. In the event of
any inconsistency between the terms of the Agreement and this Site Supplement, the terms of the
Agreement shall govern. Capitalized terms used in this Site Supplement shall have the same
meaning as in the Agreement.
2. Project Description and Locations. Licensee shall have the right to use the Town Property in the
designated areas described in Exhibit 1, attached hereto and incorporated herein by this reference
(the "Site").
3. Underground Facilities. The Underground Facilities to be installed in the Site are described in
Exhibit" ".
4. Term. The term of this Site Supplement shall commence on the Effective Date and continue until
termination of the Agreement.
5. Termination. Licensee shall provide written notice to the Town of any termination of this Site
Supplement, Upon such termination, this Site Supplement shall be of no further force or effect
except to the extent of the representations, warranties, and indemnities made by each Party to the
other hereunder.
IN WITNESS WHEREOF, the Parties have executed this Site Supplement as of the Effective Date.
-I2-
Exhibit "B"
DE.4DLEGS RELATED TO OXYP&,4 LIST
Well Name
Pipeline #
Section
Township
Range
Junction#12-2
14-07-280-3
2
2N
68W
Adam Farm #27-4; Adam
Farm #28-4; Adam Farm #21-
18-764084
4
2N
68W
4; Adam Farm #1-4
Burch#3-lA
16-02-79-3
1
2N
68W
Burch #3 -IA
16-04-149-3
1
2N
68W
Burch #3-lA
16-80 210-4-
1
2N
68W
EXT-1
Butch #3 -IA
20-92-243-3
1
2N
68W
Robert E Baldwin Unit #2;
Homestead #4-4; Homestead
20-90-167-3
4
2N
67W
#22-4; Homestead #31.4;
Homestead #29-4
HSE-Heintzelman #8-32A;
16-11-444-4
32
3N
67W
Varna #41-32; Varna #24-32
Saddleback#21-29;
Saddleback #31-29;
Saddleback #30-29;
Saddleback #6-29X;
16-15-151-4-EXT
29
2N
67W
Saddleback #4-29;
Saddleback #24 29; HSR-
Teets #3-29A
Saddleback #21-29;
Saddleback #31-29;
Saddleback #30.29;
Saddleback #6-29X;
16-84-565-4
29
2N
67W
Saddleback #4-29;
Saddleback #29-29; HSR-
Teets #3-29A
Hamlin State #6-36; Carma
#3-36; Canna #5-36; Carma
16-16-1218-3
36
3N
68W
#12-36; Canna#21-36;
Carma #32-36; Canna #22-36
Kugel #V 18-4; Kugel #12-18
04-181-4
18
2N
67W
Mchale #2-5; Cheng #3-8A,
16-10-243-3-EXT
8
2N
67W
VOGL #5-8A
Mchalc #2-5; Cheng #3-8A,
16-74-115-4
5
2N
67W
VOGL #5-8A
Mchale #2-5; Cheng #3-8A,
20-91-186-3
5
2N
67W
VOGL #5 -BA
Mchale #2-5; Cheng #3 -BA,
99-14-3
5
2N
67W
VOGL #5-8A
BLC #8-2A
14-04-325-4-EXT
18
2N
67W
Victoria U #1-12J1
14-05-190-4
1
2N
68W
Victoria U ##01-14-11
16-04-210-4-
1
2N
68W
EXT-2
Overlook #21-30; Overlook
16-75-151-4
1
2N
68W
#7-30; Overlook #28-30
HSR-Teets
16-84-565-4
1
2N
68W
Farnsworth 9-18A; Brett #4;
20-90-153-3
1
2N
68W
HS1t.-OWEN #15-18A
-13-
Booth #7 -IA 98-11-3 2 2N 68W
-14-
Exhibit "C"
SYSTEM ENCROACHMENT PLAN
1. PURPOSE AND SCOPE
a. To define guidelines for dealing with encroachments. These guidelines are intended to be
used by federal, provincial, state, city, county and local planners, developers, engineers,
contractors, land surveyors, or anyone involved in land development near Western
Midstream and affiliated Companies ("Company„) On -Shore Operations pipeline systems.
b. These guidelines define the minimum standards of quality for addressing encroachments
to Pipeline corridors and Rights -of -Way (ROW). These guidelines outline the Company's
responsibility to protect its ROW while working with the communities in which it operates.
The Company's goal is to maintain the value of its ROW and to ensure safety,
c. Company Pipeline systems operate at high pressure and for safety reasons; it requires its
company representatives to be on -site while work is being performed within ten feet (10')
or on its rights -of -way.
d. No Excavation shall occur in the vicinity of Company facilities or within its ROW until
proper telephone notification has been made to the "One Call" system and, when necessary,
a Company representative is on -site to monitor Excavation activities. All of the states in
which the Company conducts Pipeline operations have "One Call" laws, which require 48
hours, not including the day of the call (i.e. 72 hours) notification prior to any construction
or maintenance activities across, on, or in the vicinity of certain facilities. Company
facilities include, but are not limited to:
i. ROW / Easements
ii. Pipelines
iii. Corrosion control facilities (deepwell/anode beds)
iv. Meter and valve sites
v. Scraper assembly sites
e. Government entities play a major role in regulating land use by means of comprehensive
planning, zoning, and other regulatory matters.
f. The Company normally requires approximately 30 days lead-time to review preliminary
plats for impacts to its Pipeline rights -of -way.
g. The Company requires approximately 90 days lead-time to review proposed roadway
crossing plans. When plans are submitted, a scope of work, description, plan and profile
views should be provided. A location map should also be provided, showing the project
site area including sufficient geographical references such as legal property lines and
roadways.
2. PROCEDURE
a. All costs associated with Pipeline modification, replacement, lowering, and protection,
including engineering evaluation and design, are paid by the developer or encroaching
entity, unless stated otherwise.
b. Any disturbance to the existing Pipeline ROW or within a two foot (2') buffer around a
Pipeline shall not occur without review by the Company. A disturbance shall include, but
not be limited to, adding dirt, rock, or any other debris, excavation activity including but
not limited to hydro -vac, excavation activities as defined by State Law, horizontal
directional drilling (HDD), or removing dirt, rock, or vegetation. All ROW granted to third
parties on Company -owned land or easements shall contain relocation, indemnity and
damage provisions in favor of the Company along with other conditions deemed necessary
by the Company.
c. Temporary support of any exposed Pipeline during the excavation may be required in
addition to twelve inches (12") of clean padding material above and below the Company
Facility. To minimize stresses, any padding exceeding twelve (12") lifts willbe compacted
as approved by the Company representative.
d. The maximum amount of fill to be placed on the Pipeline(s), including existing soil cover,
is eight feet (8'). Only clean fill dirt will be allowed on the ROW. Erosion -control materials
will be allowed. Special authorization must be given in the event soil cover exceeds eight
feet (8').
-15-
e. Pipeline markers will be set at all public roadway, railroad, and waterway crossings and in
sufficient number along the ROW as deemed necessary by Company personnel so that the
Pipeline's location is accurately known.
f. Guidelines outlined in governing industry codes and standards, as well as Company
policies, will be strictly followed.
g. The Company may require proof of current ownership in the form of a Title Commitment,
Title Policy, or a copy of a recorded Warranty Deed.
h. The Company requires a copy of the Subdivision Plat, if applicable. If the plat has been
recorded, the Company requires a copy indicating the book and the page of the recording.
i. A Company representative is available with forty-eight (48) hours notice to determine the
location and depth of the Pipeline(s). No Excavation on the ROW shall take place without
approval from the Company and verification by the Company of the Pipeline location and
depth.
j. Encroaching entities shall provide type, size; and weight of construction equipment
planned to be used in the vicinity of the Pipeline(s). Hydro -vac pressures may not exceed
800 psig and no straight tips.
k. Plans for any Excavation on the ROW must be approved by a Company representative
prior to commencing the work. Excavating closer than twenty-four inches (24") to the
Pipeline(s) shall be done by hand. Plans must include locating, marking centerline of
pipeline, and staking out twenty-four inches (24") from the edge of the pipeline.
1. When digging inside the ROW side -cutting teeth shall be removed from buckets of
excavating equipment
in. When locating a Pipeline for any type of foreign crossing, the Excavation must be done
parallel to the existing Pipeline.
n. When excavating for crossing the ditch line, after the pipe has been exposed by hand
digging, the Excavation equipment must be positioned so that from the point of operations
the equipment will not reach within twenty-four (24") of the Pipeline(s).
o. No fib -fill or concrete fill is allowed with -in twelve inches (12") if a Pipeline.
p. The encroaching entity shall provide three sets of plans for consideration. Submitting an
incomplete plan may delay the engineering impact study and result in increased costs. The
plans will contain the following information:
i. The Pipeline(s) location and depth, as well as the ROW width must be depicted an
each print of the area where they exist.
ii. A plan view of the project with the Pipeline(s) location included.
iii. An illustration in profile of the existing surface elevations, the proposed surface
elevations and the elevation of the Company Pipeline(s).
iv. A comprehensive utility/structure/grading plan depicting the relationship to the
Pipeline(s).
v. A proper legal description of the project location.
vi. Complete landscaping plans.
A STANDARD WARNING STATEMENT WILL NEED TO BE CONSPICUOUSLY
DISPLAYED ON ALL PRINTS THAT DEPICT THE PIPELINE(S). THE STATEMENT MUST
CONTAIN THE FOLLOWINGLANGUAGE:
WARNING
HIGH PRESSURE PIPELINE(S)
Excavation and/or Construction Prohibited Without Written Permission From WES DJ Gathering
LLC I WES Wattenberg Oil Complex LLC
3. GENERAL GUIDELINES
a. ROW Restrictions
i. The ROW/Right-of-Use agreements define permanent and temporary boundaries
of the easement. If Pipeline ROW width is not defined, a ROW Representative will
clarify the width that will reasonably allow maintenance or construction and obtain
additional easements as needed..
-1G-
ii. Multi -lane, above ground appurtenance, and ingress and egress rights will be
retained.
iii. Maintain the right of reasonable access across the Homeowner's Association or
landowner's property for the installation/repair, operation and maintenance of
utilities required for any appurtenances.
The Right ofWay Representative shall review and amend if possible any permanent
rights -of -way that are less than thirty feet (30') in width to facilitate the mitigation
of future encroachments and maintenance activities.
b, Structures
i. No buildings, houses, barns, garages, patios, playhouses, sheds, swimming pools,
reinforced concrete slabs or other similar structures shall be permitted on the ROW.
ii. The Company must be notified prior to any fence construction on or over Company
Pipeline(s) and/or associated ROW. Fences shall not parallel the Pipeline(s) within
associated Rights -Of -Way.
iii. The Company is willing to permit, and Owner shall have the right to erect and
maintain, fences upon and across the lands within the easement- provided that
Owner, his successors or assigns shall not use said right so as to materially impair
Company rights to use the same for the purposes granted in the easement. All
fencing will be subject to the following requirements:
1. Fences must fully extend to an easement boundary line. Easement
2. boundary lines shall be identified and marked by qualified Company
personnel.
3. Placement offence posts shall not be within ten feet (10') of the centerline
of the Pipeline(s).
4. Privacy fencing maybe installed with the understanding that Owner may be
requested to install gates to allow unobstructed access to the Pipeline(s) and
to ensure that privacy fencing does not interfere with the safe operation,
maintenance and visual inspection of the line.
5. No fence shall exceed four feet in height and shall not create greater than
50% visual coverage of Company easement,
6. The landowner accepts full responsibility for any and all future damage(s)
to the fence in the event the Company or its designee must access the
Pipeline(s) and/or associated ROW to perform routine or emergency
maintenance.
iv. "Large debris" such as old cars, trailers, scrap metal, boulders, etc., will not be
permitted on the ROW. The ROW must be kept clear for maintenance and
inspection.
c. Landscaping
i. Trees and mature shrubs exceeding three feet (3') in height and/or obstructing the
view of the marker posts are not permitted within ten feet (15') of the centerline of
the Pipeline(s).
ii. Irrigation systems, field drain lines, and sidewalks will cross_Company Pipeline(s)
as close to 90 degrees as possible, but not less than 45 degrees. No septic -system
lateral lines are permitted on the ROW.
iii. Retaining walls are not permitted within ten feet (10') of the centerline of the
Pipeline(s) and require review and approval from the Company.
iv. Surface grade or elevation changes require Company review.
v. No fib -fill or concrete fill is allowed with -in twelve inches (12") of a Pipeline.
d. ROW Clearing
i. The Company may, at any time, elect to remove trees, brush, crops, and other
vegetation from all or part of its ROW. Existing trees and/or shrubs maybe cleared
or side trimmed by the Company at its sole discretion,
e. Change of Land Use
-17-
i. The landowner or tenant shall notify the Company when the land will be changed
from pasture to cultivation; when equipment type changes result in an increase in
tilling depth; installation of drain tile, or when terraces will be cut or re -cut. The
Company will confirm the depth, of cover over the Pipeline(s) and then determine
the appropriate action to protect the Pipeline(s).
ii. Livestock ponds, lakes, retention ponds, or wetlands will not be allowed on the
Pipeline. ROW.
iii. As the rural environment is altered and land developments zoning are proposed, the
Company prefers to amend the ROW agreement to reflect the changing land use.
The Company will work with developers to incorporate its ROW into project
design, including consent to use of ROW as "greenways" or open space areas
within the development
iv. The form should be completed any time new construction is noted near a Company
Pipeline.
f. Foreign PipelinefUtility Crossing Guidelines
i. For parallel Pipeline/utility encroachments, if feasible, the foreign Pipelinelutility
should be located at the edge of the existing ROW but with no less than ten feet
(10') of horizontal separation from any Company Pipeline.
ii. Crossings should be as close to 90°to Company Pipeline(s) as possible, but not less
than 45°.
iii. Foreign Pipeline(s), utilities or flow lines should cross Company Pipeline(s) with
at least twenty-four (24") ofvertical separation. Special authorization must be given
by the local Supervisor of Operations and Supervisor of Pipeline Integrity in the
event separation is less than twenty four (24"). Exceptions for farm field drain tile
may be made at the discretion of Company Team Leads. The preferred method is
to cross under Company Pipeline(s). Warning tape, 6" McMaster -Carr No.
8288T12 (or equivalent), shall be placed above all foreign non-metallic lines that
cross Company Pipeline(s).
iv. Metallic pipe crossing Company Pipeline(s) will be subject to a cathodic protection
interference survey. If remediation is necessary, the Company will demand foil
cooperation to ensure that the cathodic protection system is operating properly. If
interference is detected, the crossing Pipeline company shall work diligently
towards remediation.
v. All foreign Pipelines will have DOT compliant pipeline markers installed so as to
indicate its route across the Company Pipeline ROW.
vi. Electrical, fiber optic, local service communication, long distance carrier telephone,
and low -voltage (12-24 volt) utility cable should cross Company Pipeline(s) with
twenty-four — inches (24") ofvertical separation. Such cables shall be encased in a
rigid, non-metallic conduit when crossing Company Pipeline(s), being at least 10
feet on either side of pipeline. A warning tape following the American Public
Works Association color coding system and McMaster -Carr No. 8288T12 (or
equivalent) specification shall be placed two feet (2') over the cable and shall
extend at least twenty feet (20') on each side of the Pipeline. The placement of
warning tape on each side of Company Pipeline(s) is not required for utility cables
installed using the directional drill or jacking method Special authorization must
be given for vertical separation less than twenty four inches (24').
g. Roadways, Driveways, SidewaIk/Trails, and Equipment Crossings
i. Roadway, Sidewalk, and Trail Crossings - Roadways, including driveways,
sidewalks, and trails shall be installed with a minimum of four feet (4') compacted
cover over the carrier pipe, as measured from the top of the crossing surface to the
top of the pipe.
ii. Roadway, Sidewalk, and Trail Crossings should be as close to 90° to Company
Pipeline(s) as possible, but not less than 45°.
iii. Sidewalk and Trail alignments parallel to Company Pipeline(s) may be allowed
when expressly approved by Company in writing, but shall at no time be within ten
feet (10') of the centerline of the pipeline(s).
-ts-
iv. Street lights shall not be placed within twenty feet (20') of the Pipelines(s), unless
expressly approved by Company in writing.
v. In addition to the minimum depth stated above, the combined stress of the existing
pipe due to internal pressure and external loading shall be analyzed to ensure that
the pipe operates at a safe level.
vi. .Information found in Wheel LoadAnallrsis provides simplistic pre -tabulated data
for vehicle crossings over liquid and gas pipelines. This table should be used for
common scenarios which fall within the criteria. For more complex scenarios and
scenarios outside of the range of table criteria, contact the Company Integrity
Engineer.
vii. If casing is required, casings must not end under the roadway surface or track
structure, but will extend across the entire length of crossing and vents / markers
installed. Casing design shall be reviewed by Company Integrity Engineer prior to
installation.
viii. Temporary construction roads, field roads, and unimproved roads must provide
adequate protection to limit stress on the Pipeline, Additional cover and/or
stabilization (timbers, steel plate, crushed rock, concrete slab, etc.) may be required
taking into account expected weather, line depth, and type of vehicles proposed.
All temporary construction roads must be adequate to meet stress limits and must
be approved by the Company Construction inspector.
ix, Six-inch (6") wide plastic warning tape, McMaster -Carr No. 8288T12 (or
equivalent), shall be placed over each Pipeline after a clean twelve inch (12")
padding material has been added.
x. Equipment must cross the Pipeline only at approved crossing locations where the
cover has been checked by the Company and determined adequate to meet load -
bearing requirements.
h. Parking Lots
i. Parking lots will not be permitted in Company casements and/or over pipelines
without written approval by Company.
ii. Company approved parking lots installed within ROW shall consist of a flexible
surface such as asphalt. No reinforced concrete will be allowed.
iii. Line depth must meet or exceed compacted cover requirements listed in the
previous "Roadways, Driveways, Railroads, and Equipment Crossings" section
above.
iv, A close interval cathodic protection survey and a coating inspection will be
performed prior to the parking lot being installed to evaluate the integrity of the
Pipeline coating.
i. ONE CALL is Federal and State Law; Violation Can Result In Fine and
Imprisonment
i. The Secretary of the Department of Transportation has prescribed minimum
requirements for establishing, the operation, and enforcement of a State One Call
Notification Systems that will notify an operator of a Pipeline facility of planned
excavation activity in the vicinity of their underground facility.
ii. On notification of a damage prevention program or by a person planning to carry
out demolition, excavation, blasting, drilling, tunneling, or construction in the
vicinity of a Pipeline facility, the operator of the facility shall mark accurately, in a
reasonable and timely manner, the location of the Pipeline facility in the vicinity of
the demolition, Excavation, blasting, drilling, tunneling, or construction.
iii. Penalty for not using the One Call Notification System or not heeding location
information or markings could result in fine or imprisonment up to five years, or
both. Contact information for the State One Call agencies may be found in the
Damage Prevention Plan ONE Call
-19_