Round__4_Attachment_-_KINDER_MORGAN_STIPULATIONS_0009.pdf

Guidelines for Design and Construction near

Kinder Morgan Operated Facilities

Reference: O&M Procedure 204 Page 1 of 3 OM200-29 2016-05-01

Name of Company: EPNG

The list of design, construction and contractor requirements, including but not limited to the following, for the design and installation of foreign utilities or improvements on EPNG (Company) right-of-way (ROW) are not intended nor do they waive or modify any rights Company may have under existing easements or ROW agreements. Reference existing easements and amendments for additional requirements. This list of requirements is applicable for Company facilities on easements only.

Encroachments on fee property should be referred to the Land and Right-of-Way Department.

Design Company shall be provided sufficient prior notice of planned activities involving excavation, blasting, or any type of construction on Company’s ROW to determine and resolve any location, grade or encroachment problems and provide protection of our facilities and the public before the actual work is to take place.

Encroaching entity shall provide Company with a set of drawings for review and a set of final construction drawings showing all aspects of the proposed facilities in the vicinity of Company’s ROW. The encroaching entity shall also provide a set of as-built drawings showing the proposed facilities in the vicinity of Company’s ROW.

Only facilities shown on drawings reviewed by Company will be approved for installation on Company’s ROW. All drawing revisions that effect facilities proposed to be placed on Company’s ROW must be approved by Company in writing.

Company shall approve the design of all permanent road crossings.

Encroaching entity shall, at the discretion of the Company, incorporate Heath ATI “sniffer” Gas Detection Units in the design of paved areas or “Green Belt” areas of Company ROW. The units shall be installed per Company Standard TYP- V-0100-B010 – Gas Detection Unit for Pipelines Located under Asphalt or Concrete Parking Areas.

Any repair to surface facilities following future pipeline maintenance or repair work by Company will be at the expense of the developer or landowner.

The depth of cover over the Company pipelines shall not be reduced nor drainage altered without Company’s written approval.

Construction of any permanent structure, building(s) or obstructions within Company pipeline easement is not permitted.

Planting of shrubs and trees is not permitted on Company pipeline easement.

Irrigation equipment i.e. backflow prevent devices, meters, valves, valve boxes, etc. shall not be located on Company easement.

Foreign line, gas, water, electric and sewer lines, etc., may cross perpendicular to Company’s pipeline within the ROW, provided that a minimum of two (2) feet of vertical clearance is maintained between Company pipeline(s) and the foreign pipeline. Constant line elevations must be maintained across Company’s entire ROW width, gravity drain lines are the only exception. Foreign line crossings below the Company pipeline must be evaluated by Company to ensure that a significant length of the Company line is not exposed and unsupported during construction. When installing underground utilities, the last line should be placed beneath all existing lines unless it is impractical or unreasonable to do so. Foreign line crossings above the Company pipeline with less than two (2) feet of clearance must be evaluated by Company to ensure that additional support is not necessary to prevent settling on top of the Company natural gas pipeline.

A foreign pipeline shall cross Company facilities at as near a ninety-degree angle as possible. A foreign pipeline shall not run parallel to Company pipeline within Company easement without written permission of Company.

The foreign utility should be advised that Company maintains cathodic protection on their pipelines. The foreign utility must coordinate their cathodic protection system with Company’s. At the request of Company, foreign utilities shall install (or allow to be installed) cathodic protection test leads at all crossings for the purposes of monitoring cathodic protection. The Company Cathodic Protection (CP) technician and the foreign utility CP technician shall perform post construction CP interference testing. Interference issues shall be resolved by mutual agreement between foreign utility and Company. All costs associated with the correction of cathodic protection problems on Company pipeline as a result of the foreign utility crossing shall be borne by the foreign utility for a period of one year from date the foreign utility is put in service.

Reference: O&M Procedure 204 Page 2 of 3 OM200-29 2016-05-01

The metallic foreign line shall be coated with a suitable pipe coating for a distance of at least 10-feet on either side of the crossing unless otherwise requested by the Company CP Technician.

AC Electrical lines must be installed in conduit and properly insulated.

DOT approved pipeline markers shall be installed so as to indicate the route of the foreign pipeline across the Company

ROW.

No power poles, light standards, etc. shall be installed on Company easement.

Construction Contractors shall be advised of Company’s requirements and be contractually obligated to comply.

The continued integrity of Company's pipelines and the safety of all individuals in the area of proposed work near Company’s facilities are of the utmost importance. Therefore, contractor must meet with Company representatives prior to construction to provide and receive notification listings for appropriate area operations and emergency personnel.

Company's on-site representative will require discontinuation of any work that, in his opinion, endangers the operations or safety of personnel, pipelines or facilities.

The Contractor must expose all Company transmission and distribution lines prior to crossing to determine the exact alignment and depth of the lines. A Company representative must be present. In the event of parallel lines, only one pipeline can be exposed at a time.

Company will not allow pipelines to remain exposed overnight without consent of Company designated representative.

Contractor may be required to backfill pipelines at the end of each day.

A Company representative shall do all line locating. A Company representative shall be present for hydraulic excavation.

The use of probing rods for pipeline locating shall be performed by Company representatives only, to prevent unnecessary damage to the pipeline coating.

Notification shall be given to Company at least 72 hours before start of construction. A schedule of activities for the duration of the project must be made available at that time to facilitate the scheduling of Company’s work site representative. Any Contractor schedule changes shall be provided to Company immediately.

Heavy equipment will not be allowed to operate directly over Company pipelines or in Company ROW unless written approval is obtained from Company. Heavy equipment shall only be allowed to cross Company pipelines at locations designated by Company. Contractor shall comply with all precautionary measures required by Company to protect its pipelines. When inclement weather exists, provisions must be made to compensate for soil displacement due to subsidence of tires.

Excavating or grading which might result in erosion or which could render the Company ROW inaccessible shall not be permitted unless the contractor/developer/owner agrees to restore the area to its original condition and provide protection to Company’s facility.

A Company representative shall be on-site to monitor any construction activities within 25-feet of a Company pipeline or aboveground appurtenance. The contractor shall not work within this distance without a Company representative being on site. Only hand excavation shall be permitted within a minimum of 18-inches (refer to state specific rules/regulations regarding any additional clearance requirements) of Company pipelines, valves and fittings. However, proceed with extreme caution when within three (3) feet of the pipe.

Ripping is only allowed when the position of the pipe is known and not within 10-feet of Company facility unless Company representative is present.

Temporary support of any exposed Company pipeline by Contractor may be necessary if required by Company’s on-site representative. Backfill below the exposed lines and 12-inches above the lines shall be replaced with sand or other selected material as approved by Company’s on-site representative and thoroughly compacted in 12-inches lifts to 95% of standard proctor dry density minimum or as approved by Company’s on-site representative. This is to adequately protect against stresses that may be caused by the settling of the pipeline.

Reference: O&M Procedure 204 Page 3 of 3 OM200-29 2016-05-01

No blasting shall be allowed within 1000-feet of Company’s facilities unless blasting notification is given to Company including complete Blasting Plan Data. A pre-blast meeting shall be conducted by the organization responsible for blasting.

Company shall be indemnified and held harmless from any loss, cost of liability for personal injuries received, death caused or property damage suffered or sustained by any person resulting from any blasting operations undertaken within 500-feet of its facilities. The organization responsible for blasting shall be liable for any and all damages caused to Company’s facilities as a result of their activities whether or not Company representatives are present. Company shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given.

No blasting shall be allowed within 300-feet of Company’s facilities unless blasting notification is given to Company a minimum of one week before blasting. (Note: covered above) Company shall review and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting and agreed to in writing by Company in addition to meeting requirements for 500-feet and 1000-feet being met above. A written emergency plan shall be provided by the organization responsible for blasting. (Note: covered above)

Any contact with any Company facility, pipeline, valve set, etc. shall be reported immediately to Company. If repairs to the pipe are necessary, they will be made and inspected before the section is re-coated and the line is back-filled.

Company personnel shall install all test leads on Company facilities.

Burning of trash, brush, etc. is not permitted within the Company ROW.

Exhibit “C”

INSPECTION RATES

DAMAGE PREVENTION

Daily Inspection Rates

Inspector / Representative (Daily Rate): $570.57 per week

Expenses (Daily Rate): $125.00 per day

Vehicle (Mileage Rate): $0.545 per mile