PUBLIC HEARING NOTICE South Weber City, Utah

Notice is hereby given on Tuesday, January 11, 2011, in the South Weber City Council Chambers, 1600 E South Weber Dr, South Weber, Davis County, Utah, a public hearing will be held before the City Council at 6:05 pm for Final Plat for Sure Steel Commercial Subdivision (2 lots) location approx 7620 S Cornia Dr. The public is invited to attend. A copy of the associated information is on file for review at the South Weber City Office, 1600 E. South Weber Drive, 801-479-3177, or on the City’s website at www.southwebercity.com under Public Notices. In compliance with the Americans with Disabilities Act, individuals needing special accommodation during this public hearing should notify the City Recorder at 801-479-3177. ERIKA AHLSTROM CITY RECORDER, SOUTH WEBER CITY

South Weber City Council Staff Backup Report

Date of Council Meeting: January 11, 2011 – Public Hearing Title: RES 11-01 Final Plat Approval Sure Steel Subdivision RECOMMENDATION Approve Resolution 11-01 Final Plat for Sure Steel 2-lot Subdivision. BACKGROUND On July 28, 2009, the City Council approved Conditional Use Application 2009-4 for the Sure Steel Site Development. Per that approval, the developer was directed to submit a either a property, street dedication, or a subdivision plat in order to clean up property issues. After approval of the conditional use permit, it was discovered that the UDOT maintained ownership of Cornia Drive and dedication of a 70’ right-of-way along the frontage of the proposed development as well as vacation of excess right-of-way back to the adjacent property owner was not possible. It was also discovered that there are issues with the gas line easement that will affect the ability to place sidewalk, curb, and gutter. On December 10, 2009, the Planning Commission recommended approval of the final plat and further recommended the city work with the pipeline company in order to allow for the desired improvements. The City Council addressed the issue with the gas line easement and ultimately agreed to enter into an encroachment agreement with Pioneer Pipeline in order to allow for the installment of the desired improvements. The pipeline company is in the process of obtaining the necessary signatures and will be returning the signed encroachment agreement to the city within the next two weeks to be recorded with Davis County. ATTACHMENTS

Resolution 11-01 Final Plat Sure Steel Subdivision Subdivision Plat Planning Commission Minutes Dec 10, 2009 Resolution 09-32 Conditional Use Permit Encroachment Agreement

RESOLUTION 11-01

FINAL PLAT – SURE STEEL SUBDIVISION

WHEREAS, on July 28, 2009, the City Council, by Resolution 09-32, issued a Conditional Use Permit to BC Holdings for the Sure Steel site development, a condition of which was that a subdivision plat shall be prepared and approved addressing the following:

1. Dedication of Cornia Drive with a 70' right-of-way along the frontage of the proposed development;

2. Vacating of excess right-of-way back to the adjacent property owner; 3. Platting of lot(s).

WHEREAS, after approval of the conditional use permit, it was discovered that Pioneer Pipeline (petroleum line) holds an easement that will affect the ability to place sidewalk, curb, and gutter improvements that are desired by the city for the development; and WHEREAS, the South Weber City Planning Commission reviewed the final plat for the Sure Steel Subdivision located at approximately 7620 S. Cornia Drive, at a public hearing held on December 10, 2009, and recommended approval of the final plat, and “further recommended that the city work with the pipeline casement and the placement of sidewalk, curb and gutter and its current site approval, and if able to, then place as close as possible to the ‘no build zone’ as specified in the pipeline casement;” and WHEREAS, on October 26, 2010, by Resolution 10-40, the City Council agreed to enter into an Encroachment Agreement in which Pioneer Pipeline Company is willing to permit the construction of utility lines, curb, gutter and sidewalk within the right-of-way; and WHEREAS, after approval of the conditional use permit, it was discovered that the UDOT maintained ownership of Cornia Drive and dedication of a 70’ right-of-way along the frontage of the proposed development as well as vacation of excess right-of-way back to the adjacent property owner was not possible; and WHEREAS, a final review of staff of the final plat and plans has been conducted and it has been determined the Final Plat meets City standards: BE IT THEREFORE RESOLVED by the South Weber City Council that the final plat of the Sure Steel Subdivision is hereby approved subject to the following conditions:

1. Escrow: The escrow was set up following site plan approval. The developer is required to enter into an escrow agreement with the City to ensure completion of all public improvements to be installed as required by subdivision and/or site plan approval. The escrow amount is equal to the City Engineer's approved estimated cost of all remaining required public improvements plus 15% of the total cost of all remaining required improvements for contingencies, plus an additional 10% of the total cost of all required improvements as a guarantee fee.

RES. 11-01 Final Plat Sure Steel Subdivision Page 2

2. Recording Period: The developer shall submit the plat, escrow and developers agreement to the City within 120 days from the date of approval, along with a check for recording fees. Plats not recorded within 120 days of final approval by the City Council shall be null and void and must be resubmitted to the City Council.

3.. Electronic Data: The developer shall submit electronic copies (both dwg and pdf

formats) of the plat and construction drawings following final approval. Electronic data should be compatible with AutoCAD2011 or earlier.

4. Preconstruction: A preconstruction conference was held on October 8, 2009 with the

developer and construction contractor, Site inspections will continue to be necessary until completion of the required improvements.

5. Official Construction Drawings: Two sets of mylar drawings have been received, signed

and dated October 6, 2009. These drawings will serve as the official construction drawings to be used by anyone involved with the construction of this subdivision.

6. Improvements: No work on curb, gutter and sidewalk improvements shall be commenced

until the plat and the encroachment agreement have been recorded with the county, and escrow funds have been secured and proof provided to the City.

7. Professional Fees: Prior to recordation of the final plat, the developer will be required to

pay all professional fees that have been incurred to date in full.

8. Inspection and Release of Escrow Funds. The City shall inspect improvements throughout construction. The Developer shall be responsible to pay professional fees incurred for inspections. The City shall notify Escrow's agent in writing as to the installation of the improvement and the amount to be released. Escrow is entitled to release funds from this account only after receiving written notification from the City.

9. Conditional Acceptance: Notwithstanding the fact that the land on which the

improvements will be located is dedicated at the time of the recording of a plat, the city shall not be responsible for the improvements, their construction, and/or maintenance until after a minimum one year guarantee period has expired and there is an official acceptance of the dedicated property and improvements by the city.

PASSED AND RESOLVED by the City Council of South Weber City this 11th day of January, 2011.

APPROVED ____________________________ Jeffery G. Monroe, Mayor Attest: ___________________________________ Erika J. Ahlstrom, City Recorder

ethomas

Received

SOUTH WEBERPLANNING COMMISSION MEETING

DATE OF MEETING: IO December 2009

PRESENT: COMMISSIONERS:

CITY MANAGER:

DEPUTY RECORDER:

CITY PLANNER:

TRANSCRIBER:

TIME COMMENCED: 6:37 p.m.

Delene HydeTim GrubbRorie StottMark PerkinsRod Wcstbroek

Matt Dixon (excused)

Emily Thomas

Scott Hess

Michelle Clark

A public work/discussion meeting was held at 6:00 p.m. to discuss agenda items,correspondence, and/or future agenda items.

VISITORS: Cody Taylor, Layne Kap, Mark Carter, Fred Gundersen, Kenny Gertge, JimBurwell, Harold Ray, and Todd Downs.

APPROVAL OF THE AGENDA: Commissioner Grubb moved to approve tonight'sagenda as written. Commissioner Wcstbroek seconded the motion. Commissioners I-Iyde,Grubb, Stott, Perkins, and Wcstbroek voted yes. The motion carried.

APPROVAL OF 12 NOVEMBER 2009 PLANNING COMMISSION WORK MEETINGMINUTES: Commissioner Perkins moved to approve the work meeting minutes of t2November 2009 Planning Commission Meeting as written. Commissioner Stott secondedthe motion. Commissioners Hyde, Grubb, Stott, Perkins, and Westbroek voted yes. Themotion carried.

DECLARATION OF CONFLICT OF INTEREST: The Planning Commission did not reportany conflict of interest.

Commissioner Hyde excused Matt Dixon from tonigbt's meeting.

Commissioner Grubb moved to open the public hearing for preliminary/final approval forSure Steel. Commissioner Stott seconded the motion. Commissioners Hyde, Grubb,Perkins, Stott, and Westbroek voted yes. The motion carried.

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South Weber Planning Commission Meeting 10 December 2009 Page 2 of 12

PRELIM/FINAL AI'PROVAL SURE STEEL 2 LOT SUBOIVSION; LOCATED ATAPPROX. 7620 SOUTH CORNIA DRIVE; SURE STEEL: On July 28, 2009, the CityCouncil approved Conditional Use Application 2009-4 for the Sure Steel Site Development. Perthat approval, the developer was directed to submit a either a property, street dedication, or asubdivision plat in orderto clean up property issues.

Scott Hess, City Planner, referred to Brandon Jones letter of 12-3-09. He stated after theconditional use permit was approved, it was discovered that there are issues with the gas lineeasement that will affect the ability to place sidewalk, curb, and gutter. He stated there are alsosome changes with the addresses. Scott said the city would like to see sidewalk, curb, and gutteron the plat.

Brandon Jones spoke with Pioneer Pipeline today. He is recommending that he negotiate withthe pipeline company and Sure Steel will be responsible for installation.

Commissioner Hyde asked if there were any public comments. There was none.

Discussion took place regarding the size of the park strip and who will maintain it. Brandon saidwhat is being approved tonight is the preliminary and final plat. He brought up the sidewalk,curb, and gutter issue because it has been changed. Commissioner Perkins isn't sure ifhe isready to make a decision on this until further information is received from the pipeline company.

Commissioner Perkins moved to close the public hearing for preliminary/final approval forSure Steel. Commissioner Stott seconded the motion. Commissioners Hyde, Grubb,Perkins, Stott, and Westbroek voted yes. The motion carried.

... ... ... ... ... ... ... ... ... ... PUBLIC HEARING CLOSED'" ............ '* * ...... '*

Commissioner Grubb moved to recommend approval of the preliminary/final for SureSteel 2 lot subdivision located at approximately 7620 S. Cornia Drive and to furtherrecommend that the city work with pipelinc casement and the placement of sidewalk, curb,and guttcr and its current site approval. If able to, then place as close as possible to the "nobuild zone" as specified in the pipeline casement. Commissioner Westbroek seconded themotion. Commissioners Hyde, Grubb, Perkins, Stott, and Westbroek voted yes. Themotion carried.

Commissioner Grubb moved to open the public hearing for Conditional Use #2005-04.Commissioner Stott seconded the motion. Commissioners Hyde, Grubb, Perkins, Stott,and Westbroek voted :)'cs. Thc motion carried.

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AMEND CONDITIONAL USE #2005-04 KASTLEROCK EXCAVATION;LOCATED AT APPROX 205 E. SOUTH WEBER DRIVE; LAYNE KAPScott Hess, City Planner, stated on June 25, 2009, the Planning Commission reviewed thisapplication pursuant to City Code 10-7k-4. At which time it was decided that the originalapproval was out of compliance in the following two areas:

PRW_______ NW Sec 36, T5N, R1W, S.L.B.&M., Davis County, UT Sure Steel

ENCROACHMENT AGREEMENT STATE OF UTAH § § COUNTY OF DAVIS § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, PIONEER PIPE LINE COMPANY, a Delaware Corporation, (hereinafter referred to as "Permittor"), is the current owner of right-of-way as specified in an instrument dated the 26th day of November, 1991 from SOUTH WEBER CITY, UTAH covering lands in Davis County, State of Utah, said instrument being filed of record in Book 1469, Page 567 of the Deed Records of Davis County, Utah (hereinafter referred to as the “Right-of-Way”), and

WHEREAS, Permittor owns and operates an 8-inch pipeline in the lands covered by Permittor’s Right of Way; and WHEREAS, SOUTH WEBER CITY, UTAH (hereinafter referred to as "Permittee", whether one or more) with an address of 1600 E. South Weber Drive, South Weber, Utah, 84405, is the owner of a tract of land, commonly known as Cornia Drive, South Weber, Utah which is subject to the above specified Right-of-Way, said tract being within a portion of Cornia Drive; and WHEREAS, Permittee has requested permission to encroach upon Permittor’s Right-of-Way located on Permittee’s land specified above by constructing one (1) 12-inch (12”) PVC storm drain to cross as close to 90-degrees as possible over the top of the existing 8-inch (8”) products pipeline with a minimum of six inches (6”) of separation; one (1) 6-inch (6”) PVC sewer line to cross as close to 90-degrees as possible under the existing 8-inch (8”) products pipeline with a minimum of eighteen inches (18”) of separation; one (1) one-and-a-half-inch (1-1/2”) culinary water line to cross as close to 90-degrees as possible under the existing 8-inch (8”) products pipeline with a minimum of eighteen inches (18”) of separation; two (2) six-inch (6”) fire lines to cross as close to 90-degrees as possible under the existing 8-inch (8”) products pipeline with a minimum of eighteen inches (18”) of separation; and two (2) thirty-foot (30’) wide x three-inch (3”) thick driveways to cross as close to 90-degrees as possible over the existing 8-inch (8”) products pipeline. Driveways are specified with three-inches (3”) of bituminous paving and eight-inches (8”) of class 2 aggrigate base (minimum 95% compaction). Minimum separation between top of existing eight-inch (8”) products pipeline and bottom of three-inch (3”) paving shall be three-feet, nine-inches (3’ 9”), and the above-ground structures consisting of curb, gutter, and sidewalk (hereinafter referred to as the “Encroachment, whether one or more”); and WHEREAS, Permittor is agreeable to permitting said Encroachment subject to the terms and conditions of this Encroachment Agreement (“Agreement”). NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), and of the premises and of the covenants hereof contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows:

1. Subject to the terms and conditions of this Agreement, Permittor hereby consents to the placement and maintenance of the Encroachment within the Right-of-Way as are specifically described and/or depicted on Exhibit "A", attached hereto and made a part hereof. The Encroachment within the Right-of-Way shall be placed only in the locations as described and/or depicted on Exhibit "A". Any changes in the nature or location of the Encroachment shall require the prior written approval of Permittor.

PRW_______ NW Sec 36, T5N, R1W, S.L.B.&M., Davis County, UT Sure Steel

2. Permittee has been advised, and is fully aware, that Permittor now has, and shall continue to have, the right to utilize the land within the Right of Way and Permittor is hereby granted the right to use additional workspace outside of said Right-of-Way for pipeline purposes; that in so doing, Permittor may, at any time and from time to time, and without liability to Permittee, enter upon said land, place and transport machinery and equipment thereon, excavate trenches or ditches thereon, and perform other pipeline operations and related activities thereon, any of which may damage or destroy the Encroachment. Permittee agrees that Permittor shall have no obligation to repair, restore or replace the Encroachment or to compensate Permittee for any damage to or destruction of the Encroachment arising out of any such Permittor activity. Permittee also agrees that Permittor shall not be responsible or liable for, and Permittee hereby releases Permittor from, any lost business or consequential damages resulting from Permittor’s above described activities, howsoever caused.

3. Permittee shall give Permittor at least ten (10) days written notice before commencing any construction, maintenance or replacement of the Encroachment on the Right-of-Way, or movement of equipment across the Right-of-Way, in order that Permittor shall have an opportunity to have an inspector or representative present during the time such activities are carried out and so that Permittor’s pipeline(s) can be staked to minimize the possibility of damage. Notice is to be given to the following individual at the listed address and phone number:

ConocoPhillips Company Real Property Administration PO Box 7500, Bartlesville, OK 74005-7500 Fax: 918-661-7332

With a copy to: ConocoPhillips Company Attn: Brandon Treese 3960 E. 56th Avenue Commerce City, CO 80022 Phone: 303-376-4371

4. Any future encroachments on, or disturbances of, Permittor’s Right-of-Way are forbidden unless permitted by a separate fully executed Encroachment Agreement. Permittee will not excavate, nor permit others to excavate, on Permittor’s Right-of-Way for subgrade preparations or for any other purposes, except as allowed by this Agreement. Permittee, at its sole cost and expense, shall at all times maintain the Encroachment in a condition which will not interfere with or endanger Permittor’s pipeline(s) or the operation of such pipeline(s) located within Permittor’s Right-of-Way.

5. Nothing in this Agreement shall be construed as a grant of any of Permittor’s rights in the Right-

of-Way instrument specified above and this Agreement shall in no way limit or impair said rights.

6. If it becomes necessary in Permittor’s sole judgment, to lower or relocate Permittor’s pipeline(s) as a result of any encroachment by Permittee within the Right-of-Way, other than the Encroachment, such lowering or relocating of the pipeline(s) shall be undertaken by Permittor at the sole cost and expense of Permittee, including (without limitation) the cost of acquiring any additional right-of-way. Any relocation of the pipeline(s), as well as the relocation route, shall be at the sole discretion of Permittor.

7. Permittor shall have the right to adequately mark its pipeline(s) with permanent line markers and ground placards to promote public safety and the future safe operation of said pipeline(s), and to meet applicable governmental regulations.

8. Permittee represents and warrants that it is in compliance with and shall continue to comply with all of the terms and conditions set forth in the “Pioneer Pipe Line Company Encroachment Guidelines” attached hereto as Exhibit “B”.

PRW_______ NW Sec 36, T5N, R1W, S.L.B.&M., Davis County, UT Sure Steel

EXHIBIT “B”

PIONEER PIPE LINE COMPANY ENCROACHMENT GUIDELINES

1.1. Company (Permittor) operates and maintains its pipelines in compliance with current U.S. Department of Transportation (DOT) regulations and industry and Company standards for safe operations. Should Encroaching Party (Permittee) propose plans to alter the area through which Permittor’s pipeline(s) pass, causing such pipeline(s) not to meet these requirements, modifications to the pipelines or plans shall be made. The cost of all such modifications shall be borne by the Permittee.

1.2. Permittee requesting Permittor to restrict the Right-of-Way (ROW) width will have a metes

and bounds survey of the line completed across his land by a registered land surveyor at the Permittee’s expense. The Permittee will provide proof of ownership of the property (i.e., warranty deed).

1.3. No buildings, engineering works, patios, in-ground swimming pools, septic systems, or other

permanent structures shall be permitted within 25 feet of any pipeline located within Permittor’s ROW. No temporary structures, storage containers, construction equipment or vehicle parking will be permitted within 25 feet of any pipeline located within Permittor’s ROW. without Permittor’s prior written approval. No manned structures, temporary or permanent will be approved. Retaining walls are not permitted. This includes all water retention devices. Large debris such as old cars, trailers, scrap metal, etc., will not be permitted on the ROW. The ROW shall be kept clear for maintenance.

1.4. All private dwellings, industrial buildings, or places of public assembly shall comply with a

building setback of 50 feet from the pipeline(s), and this setback requirement will be included as a deed restriction on any parcel carved out of the above referenced lands that abut the ROW. For a single line easement, this would be a strip of land 100 feet wide, centered on the pipeline. A greenbelt area will be established around the pipelines within a new proposed development whenever possible, with no lot lines or fences across the ROW or centered on the pipeline(s).

1.5. No fences will be allowed on the ROW without Permittor’s prior written approval. Fences shall

be easily removable and not obstruct the view of the ROW for inspection purposes. No masonry, brick, or stone fences will be allowed. Fences that are perpendicular to the pipeline(s) shall include a gate or other form of access across the width of the ROW. Fence posts shall not be placed within 4 feet of the pipeline(s). Fences that are parallel to the pipeline(s) shall be located at least 10 feet from the nearest pipeline(s), or 25 feet if located on both sides of the line.

1.6. No utility poles shall be allowed to cross the ROW if they interfere with future maintenance.

Utility poles, guy wires, or anchors shall not be placed within 8 feet of the pipeline(s). Utility poles running parallel to the pipeline(s) shall be located at least 25 feet from the nearest pipeline(s). All overhead cables shall maintain a minimum height of 20 feet above grade.

1.7. Trees or deep-rooted plants are not permitted on the ROW. Existing Trees and vegetation

may be removed or side trimmed by Permittor if in their sole discretion, such trees and vegetation threaten the integrity or interfere with their ability to maintain and monitor the pipelines.

PRW_______ NW Sec 36, T5N, R1W, S.L.B.&M., Davis County, UT Sure Steel

1.8. For new roads running parallel to Permittor’s pipeline(s), there shall be at least 25 feet from

the edge of the road to the nearest pipeline. All roads passing over Permittor’s pipeline(s) shall cross at an angle as close to 90 degrees as possible. Depth of cover shall be at least 48 inches in the barrow ditches and 48 inches under road surfaces from top of pipe to top of surface. Final grade and depth of pipeline shall be surveyed in sensitive areas and results provided to Permittor and Permittee involved with the construction/modification. In addition, it may be necessary to lower and recondition, replace, relocate, or protect the pipeline(s) at the point of crossing to insure that they are not subjected to excessive stress from movement of traffic. Any such modification to the pipeline(s) shall be made at Permittee's expense.

1.9. Construction of parking lots over the pipeline(s) shall not be permitted without Permittor’s

prior written approval in an Encroachment Agreement releasing Permittor from any and all future damages to the parking lot due to pipeline maintenance and repair. Depth of cover shall be at least 48 inches from top of pipe to top of finished surface. Concrete parking lots shall have jointed sections at no more than 20-foot intervals for ease of repair.

1.10. Any utilities that parallel Permittor’s pipeline(s) shall maintain a minimum separation distance

of 25 feet from the utility’s outside wall to the outside wall of Permittor’s pipeline(s). All utilities which cross Permittor pipeline(s) shall pass underneath existing pipeline(s) by a minimum of 18 inches and the crossing shall be as close to 90 degrees as possible and adequately marked on both sides of such pipeline(s). The markers shall be maintained by Permittee in the future. Any future relocation of the utility line due to Permittor’s pipeline maintenance shall be done at the Permittee's expense. Any exceptions to these requirements shall not be allowed without Permittor’s prior written approval.

1.11. Telephone cables, TV cables, secondary electrical lines (240vac or less), and non-steel gas

lines shall be in a minimum Schedule 40 steel or PVC casing. Primary (high voltage) underground electrical lines shall be in a minimum Schedule 40 PVC casing and have a minimum clearance of 24 inches underneath Permittor’s pipeline(s). Trenched or open cut crossings shall also be covered with a red concrete slab a minimum of 4 inches thick and 24 inches wide for a distance of 10 feet on both sides of the pipeline(s). Any bored or directionally drilled high voltage line shall have a metallic tape tracer installed inside the casing.

1.12. If any of Permittee’s lines that cross or run parallel to Permittor’s pipeline(s) are installed and

constructed of a material requiring cathodic protection, an interference survey shall be made by Permittor and Permittor shall determine what necessary steps shall be taken to prevent the damage of either line. The survey shall be done at Permittor’s expense. Any measures required to address interference issues as a result of the installation of the Permittee’s lines shall be done at Permittee's expense.

1.13. Grade or elevation changes may not be made without Permittor’s prior written approval.

Changes in grade for the purpose of water retention shall not be approved. 1.14. Permittee shall maintain a minimum of 48 inches of soil cover over Permittor’s pipeline(s)

across the entire width of the Encroachment where it crosses the ROW. If sufficient cover does not currently exist, then the line shall be lowered or additional cover provided for placement over the ROW at Permittee’s sole cost and expense. Cover over the lines may not exceed 6 feet without Permittor’s prior written approval. The method of achieving the required depth of cover shall be at Permittor’s sole discretion.

PRW_______ NW Sec 36, T5N, R1W, S.L.B.&M., Davis County, UT Sure Steel

1.15. The Permittee shall provide the Permittor with plans for all work that may affect the ROW for approval prior to construction, including an accurate plat and a profile along the pipeline centerline showing existing and proposed finished grades. Upon receipt of these drawings, Permittor shall prepare a cost estimate of any necessary modifications to its pipeline(s). Permittor requires that 100% of the cash equivalent of Permittor cost estimate be given to the Permittor prior to beginning modifications. Permittee shall be charged actual costs for design/construction as incurred by the Permittor and an overhead charge to cover procurement, accounting, and legal services. Any part of the cost estimate not spent shall be returned to the Permittee or the Permittee shall be invoiced for amounts exceeding the cost estimates. Any pipeline modifications shall be done by Permittor or one of the Permittor’s contractors.

1.16. The Permittor retains the right to adequately mark the Permittor’s pipelines with permanent

line markers to insure public safety and the future safe operation of the lines. DOT Regulations state that any person who willfully and knowingly defaces, damages, removes, or destroys any pipeline sign or right-of-way marker shall be subject to a fine, imprisonment, or both. The Permittee is required by State law to contact the local One-Call Center at least 48 hours prior to any excavation taking place near the pipeline(s). The Permittor reserves the right to have an inspector or representative on the job to oversee all construction within the ROW.

1.17. The Permittee shall allow no material or equipment to be used in the construction of the

Encroachment that would hinder or impair Permittor’s ability to safely maintain and operate Permittor’s pipeline(s). Temporary construction roads or crossings over Permittor’s pipelines must be approved in advance in writing by Permittor. Permittee shall provide additional cover and/or stabilization to specifications determined by Permittor prior to commencement of traffic across pipelines.

1.18. Permittee shall not allow the Encroachment to create an erosion problem along the ROW,

and should such an erosion problem arise then Permittee, at Permittee’s sole cost and expense, shall immediately correct the problem.

1.19. These types of projects/modifications may include over excavating to achieve the final grade.

If the project includes over excavating to achieve the final grade, pipeline protective measures shall be discussed and agreed to in advance by the Permittor and the Permittee.