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Appendix B Construction, Mitigation and Reclamation Plans 1) Keystone Pipeline Project Construction Mitigation and Reclamation Plan 2) Standard Mitigative Measures for Construction, Operation and Maintenance of Western Facilities 3) Western Area Power Administration Construction Standards - Standard 13

Final EIS

Keystone Pipeline Project

KEYSTONE PIPELINE PROJECT
CONSTRUCTION MITIGATION AND RECLAMATION PLAN

Prepared By

April 4, 2006
Rev. 3

CONSTRUCTION MITIGATION AND RECLAMATION PLAN

1.0 2.0

INTRODUCTION GENERAL CONDITIONS 2.1 Training 2.2 Advance Notice of Access to Property Prior to Construction 2.3 Other Notifications 2.4 Damages to Private Property 2.5 Appearance of Worksite 2.6 Access 2.7 Above-Ground Facilities 2.8 Minimum Depth of Cover 2.9 Threatened and Endangered Species 2.10 Non-Hazardous Waste Disposal 2.11 Hazardous Wastes 2.12 Noise Control 2.13 Weed Control 2.14 Dust Control 2.15 Off Road Vehicle Control 2.16 Fire Prevention and Control 2.17 Road and Railroad Crossings 2.18 Adverse Weather SPILL PREVENTION AND CONTAINMENT 3.1 Spill Prevention 3.2 Contingency Plans 3.3 Equipment 3.4 Emergency Notification 3.5 Spill Containment and Countermeasures UPLANDS (AGRICULTURAL, FOREST, PASTURE, RANGE AND GRASS LANDS) 4.1 Interference with Irrigation Systems 4.2 Clearing 4.3 Topsoil Removal and Storage 4.4 Grading 4.5 Temporary Erosion and Sediment Control 4.5.1 General 4.5.2 Sediment Barriers 4.5.3 Trench Plugs 4.5.4 Temporary Slope Breakers (Water Bars) 4.5.5 Drainage Channels or Ditches 4.5.6 Temporary Mulching 4.5.7 Tackifier 4.6 Stringing 4.7 Trenching 4.8 Welding, Field Joint Coating, and Lower In 4.9 Padding and Backfilling
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4.10 4.11

4.12 4.13 4.14

4.15 5.0

Clean Up Reclamation and Re-vegetation 4.11.1 Relieving Compaction 4.11.2 Rock Removal 4.11.3 Soil Additives 4.11.4 Seeding 4.11.5 Permanent Erosion and Sediment Control 4.11.6 Fences 4.11.7 Right-of-Way and Pipeline Markers Pasture and Range Lands Forested Lands Residential and Commercial/Industrial Areas 4.14.1 Residential Area 4.14.2 Commercial/Industrial Area 4.14.3 Site – Specific Plans 4.14.4 Landowner Complaints Resolution Procedure Operations and Maintenance

DRAIN TILE SYSTEMS 5.1 General 5.2 Identification and Classification of Drain Tile Systems 5.2.1 Publicly Owned Drain Tiles 5.2.2 Privately Owned Drain Tiles 5.3 Mitigation of Damage to Drain Tile Systems 5.3.1 Non-interference with Drain Tile 5.3.2 Non-disturbance of Drain Tile Mains 5.3.3 Relocation or Replacement of Existing Drain Tiles Prior to Construction 5.3.4 Future Drain Tiles/Systems 5.3.5 Other Mitigation Measures 5.4 Responsibility for Repair of Drain Tile Systems 5.4.1 Local Drain Tile Contractor Repair 5.4.2 Pipeline Contractor Repair 5.4.3 Landowner/Tenant Repair 5.5 Drain Tile Repairs 5.5.1 Temporary Repairs During Construction 5.5.2 Permanent Repairs 5.6 Inspection/Acceptance of Drain Tile Repairs WETLAND CROSSINGS 6.1 General 6.2 Easement and Workspace 6.3 Vehicle Access and Equipment Crossing 6.4 Temporary Erosion and Sediment Control 6.5 Wetland Crossing Procedures 6.5.1 “Dry” Wetland Crossing Method 6.5.2 “Standard” Wetland Crossing Method
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6.6 6.7 7.0

6.5.3 Flooded “Push/Pull” Wetland Crossing Method Restoration and Reclamation Operations and Maintenance

WATERBODIES AND RIPARIAN LANDS 7.1 General 7.2 Easement and Workspace 7.3 Vehicle Access and Equipment Crossings 7.4 Waterbody Crossing Methods 7.4.1 Non-flowing Open Cut Crossing Method 7.4.2 Flowing Open Cut Crossing Method of Minor, Intermediate and Major Waterbodies 7.4.3 Flowing Open Cut Crossing – Dry Flume Method 7.4.4 Flowing Open Cut Crossing – Dry Dam and Pump Method 7.4.5 Horizontal Directional Drill Crossings 7.4.6 Horizontal Bore Crossings 7.5 Clearing 7.6 Grading 7.7 Temporary Erosion and Sediment Control 7.8 Trenching 7.9 Pipe Installation 7.10 Backfilling 7.11 Stabilization and Restoration of Stream Banks and Slopes HYDROSTATIC TESTING 8.1 Testing Equipment Location 8.2 Test Water Source and Discharge Locations 8.3 Filling the Pipeline 8.4 Dewatering the Pipeline 8.4.1 Splash Pup 8.4.2 Splash Plate 8.4.3 Plastic Liner 8.4.4 Straw Bale Dewatering Structure DRAWINGS AND FIGURES
Detail 1 Detail 2 Detail 3 Detail 4 Detail 5 Detail 6 Detail 7 Detail 8 Detail 9 Detail 10 Detail 11 Typical Silt Fence Barrier Typical Straw or Hay Bale Barrier Permanent Slope Breakers (Water Bars) Erosion Control Matting Installation Typical Dewatering Filter Bag Typical Straw Bale Dewatering Structure Typical Permanent Trench Breakers ”Dry” Wetland Crossing Method Standard Wetland Crossing Method Push/Pull Wetland Crossing Method Non-Flowing Water Body Crossing Method

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Detail 12 Detail 13 Detail 14 Detail 15 Detail 16 Detail 17 Detail 18 Detail 19 Detail 20 Detail 21 Detail 22 Detail 23 Detail 24 Detail 25 Detail 26 Detail 27 Detail 28 Detail 29 Figure 1

Typical Flowing Waterbody Crossing Method Typical Dry Flume Crossing Method Typical Dam & Pump Crossing Typical Horizontal Drill (HDD) Site Plan & Profile Typical Temporary Bridge Crossing Typical Flume Bridge Crossing Typical Railcar Bridge Crossing Flexible Channel Liner Installation Typical Rock Rip-Rap Typical Road Bore Crossing Streambank Reclamation – Brush Layer In Cross Cut Slope Streambank Reclamation – Log Wall Streambank Reclamation – Vegetated Geotextile Installation Typical ROW Layout/Soil Handling Header/Main Crossovers of Keystone Pipeline Relocate/Replace Drainage Header/Main Temporary Drain Tile Repair Permanent Repair Method of Drain Tiles Typical Site Specific Plan

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INTRODUCTION
The construction mitigation and reclamation requirements described in this Plan apply to work on all project lands including the following: • Uplands including agricultural (cultivated or capable of being cultivated) lands, pasture lands; range lands; grass lands; forested lands; lands in residential, commercial, or industrial areas; lands in public rights of way; and lands in private rights of way Wetlands Waterbodies and Riparian lands

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Keystone shall implement the construction mitigation and reclamation actions contained in this Plan to the extent that they do not conflict with the requirements of any applicable federal, state and local rules and regulations and other permits and approvals that are obtained by Keystone for the Project. Additionally, Keystone may deviate from specific requirements of this Plan on specific private lands as determined through negotiations with Landowners or as required to suit actual site conditions as determined and directed by Keystone. All work must be in compliance with federal, State, and Local permits.

2.0

GENERAL CONDITIONS
2.1 Training The Contractor shall ensure that all persons (Contractor's and Subcontractors' Personnel) engaged in work associated with the pipeline's construction are informed of the construction issues and concerns, and that they attend and receive training regarding these requirements as well as all laws, rules and regulations applicable to the work. Different levels of training shall be required for different groups of Contractor personnel. Contractor supervisors, managers, field foremen and other Contractor personnel designated by Keystone shall attend a full-day, comprehensive environmental training session. All other Contractor personnel shall attend a one-to-two-hour group training session before the beginning of construction, and during construction as environmental issues and incidents warrant. Additional training sessions shall be held for newly assigned personnel. All Contractor personnel shall attend the training session prior to entering the construction right-of-way. All Contractor personnel shall sign an acknowledgement of having attended the appropriate level of training and shall display a hard hat sticker acknowledging attendance at environmental training. In order to insure successful compliance, Contractor personnel shall attend repeat or supplemental training, if compliance is not satisfactory or as new, significant issues arise. All visitors and any other personnel without specific work assignments shall be required to attend a brief safety and environmental awareness orientation.

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Experienced, well-trained personnel are essential for the successful implementation of this Plan. Keystone and its Contractors shall undergo prevention and response, as well as safety training. The program shall be designed to improve awareness of safety requirements, pollution control laws and procedures and proper operation and maintenance of equipment. 2.2 Advance Notice of Access to Property Prior to Construction Prior to the start of construction of the pipeline, Keystone shall provide the Landowner or tenant with a minimum of 24 hours prior notice (unless otherwise negotiated with the landowner and as described in the project line list) before accessing his/her property for the purpose of constructing the pipeline. Additionally, the Landowner or tenant shall be provided with Keystone contact information. Landowners may utilize contact information to inform Keystone of any concerns related to the work. Keystone Prior notice shall first consist of a personal contact or a telephone contact, whereby the Landowner or tenant is informed of Keystone's intent to access the land. If the Landowner or tenant cannot be reached in person or by telephone, Keystone shall mail or hand deliver to the Landowner or tenant's home a dated, written notice of Keystone's intent. The Landowner or tenant need not acknowledge receipt of the written notice before Keystone can enter the Landowner's property. 2.3 Other Notifications The Contractor shall notify, in writing, both Keystone's Representative and the authority having jurisdiction over any road, railroad, canal, drainage ditch, river, foreign pipeline, or other utility, at least 48 hours (excluding Saturdays, Sundays, and Statutory Holidays), or as specified on the applicable permit(s), prior to commencement of pipeline construction, in order that the said authority may appoint an Inspector to ensure that the crossing is constructed in a satisfactory manner. The Contractor shall notify Keystone immediately of any spill of a potentially hazardous substance as well as any existing soil contamination discovered during construction. The Contractor shall immediately notify Keystone of the discovery of previously unreported historic property, other significant cultural materials, or suspected human remains uncovered during pipeline construction activities. 2.4 Damages to Private Property Pipeline construction activities shall be confined to the construction right-of-way, temporary work space, and additional temporary work space and approved access routes. Keystone shall reasonably compensate Landowners for any constructionrelated damages caused by Keystone which occur on or off of the established pipeline construction right-of-way.

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Keystone shall reasonably compensate Landowners for damages to private property caused by Keystone beyond the initial construction and reclamation of the pipeline, to include those damages caused by Keystone during future construction, operation, maintenance, and repairs relating to the pipeline. 2.5 Appearance of Worksite The construction right-of-way shall be maintained in a clean neat condition at all times. At no time shall litter be allowed to accumulate at any location on the construction right-of-way. The Contractor shall provide a daily garbage detail with each major construction crew to keep the construction right-of-way clear of trash, pipe banding and spacers, waste from coating products, welding rods, timber skids, defective materials and all construction and other debris immediately behind construction operations unless otherwise approved by Keystone. Paper from wrapping or coating products or lightweight items shall not be permitted to be scattered around by the wind. The traveled surfaces of roads, streets, highways, etc. (and railroads when applicable) shall be cleaned free of mud, dirt or any debris deposited by equipment traversing these roads or exiting from the construction right-of-way. 2.6 Access Prior to the pipeline's installation, Keystone and the Landowner shall reach a mutually acceptable agreement on the route that shall be utilized by the Contractor for entering and exiting the pipeline construction right-of-way should access to the construction right-of-way not be practicable or feasible from adjacent segments of the pipeline construction right-of-way or from public highway or railroad right-of-way. All construction vehicles and equipment traffic shall be confined to the public roads, private roads acquired for use by Keystone and the construction right of way. If temporary alternative private roads for access are constructed they shall be designed to not impede proper drainage and shall be built to minimize soil erosion. Sufficiently sized gaps shall be left in all spoil and topsoil wind rows at all temporary private access roads and obvious livestock or wildlife trails unless agreed with the Landowner prior to construction that these access points can be blocked during construction. All construction related private roads and access points to the right of way shall be marked with signs. Any private roads not to be utilized during construction shall also be marked. 2.7 Above-Ground Facilities Locations for above-ground facilities shall be selected in a manner so as to be as unobtrusive as reasonably possible to on-going agricultural or other Landowner activities occurring on the lands adjacent to the facilities. If this is not feasible,

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such facilities shall be located so as to incur the least hindrance to the adjacent agricultural operations (i.e., located in field corners or areas where at least one side is not used for cropping purposes) provided the location is consistent with the design constraints of the pipeline. Additionally, they shall be located to avoid existing drain tile systems to the extent possible. 2.8 Minimum Depth of Cover The pipeline shall be installed so that the top of the pipe and coating is: • • A minimum depth of 4 feet below the surface of all uplands and wetlands except in consolidated rock where the minimum shall be 3 feet A minimum clearance of 1 foot below any existing foreign pipeline, utility, drain tile or any other existing underground facility and a minimum of 4 feet below the surface of all uplands and wetlands. Should any existing foreign pipeline, utility, drain tile or any other existing underground facility owner permit the pipeline to cross above, there must be a minimum 1 foot clearance and a minimum of 4 feet below the surface of all uplands and wetlands At a minimum depth of 5 feet below the bottom of road ditches At a minimum depth of 5 feet below the bottom of waterbodies including rivers, creeks, streams, ditches and drains. This depth shall normally be maintained over a distance of 15 feet on each side of the waterbody measured from the top of the defined stream channel

• •

If concrete weights are utilized for negative buoyancy of the pipeline, the minimum depth of cover shall be measured from the top of the concrete weight to the original ground contour. Depth of cover requirements may be modified by Keystone based on site specific conditions. However, all depths shall be in compliance with all established codes. 2.9 Threatened and Endangered Species Keystone will contract a qualified biologist to conduct a survey of sensitive species associated with native tall-grass prairie. The biologist will document locations of the sensitive species found during the survey. If sensitive species are identified in the construction right of way, Keystone will work with the relevant regulatory authorities to determine if any additional protection measures would be required. Once construction is complete, disturbance in native prairie will be reclaimed to native prairie species using native seed mixes specified by applicable state and federal agencies with the intent there will be no net loss of native prairie habitat. A number of sensitive species are associated with native tall-grass prairie, especially where larger remnant tracts are present. In order to minimize impacts to native prairie, no permanent developments such as access roads or pump stations will be constructed in native prairie tracts if possible. Where avoidance of native tall-grass prairie by the pipeline ROW is unfeasible, appropriate surveys

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will be implemented to ensure populations of sensitive wildlife species are not affected. Keystone will contract a qualified biologist to conduct a survey of breeding bird habitat within 330 feet (100 meters) from proposed surface disturbance activities that would occur within the breeding season. The biologist will document active nests, bird species, and other evidence of nesting (e.g., mated pairs, territorial defense, birds carrying nesting material, transporting of food). If an active nest for Important Migratory Bird Species (USFWS BCC, PIF Priority Bird Species, State Sensitive Species) is documented during the survey, Keystone will work with the relevant regulatory authorities to determine if any additional protection measures would be required. Immediately prior to construction activities during the raptor breeding season (February 1 – July 31), breeding raptor surveys will be conducted by a qualified biologist through areas of suitable nesting habitat to identify any potentially active nest sites in the project area. If raptors are identified within 0.5 mile to the construction right of way, Keystone will work with the relevant regulatory authorities to develop mitigation measures. These measures will be implemented on a site-specific and species-specific basis in coordination with state agency wildlife biologists. Along the ROW within historical range of Indiana bat and gray bat (Missouri, Illinois and eastern Oklahoma), Surveys shall be completed during the roosting season in suitable woodland habitats to determine if any active maternity roosts are present in or near the pipeline ROW. If a maternity roost is located, then applicable mitigation will be developed in consultation with USFWS and state wildlife agency personnel. Prior to surface disturbance activities within karst terrain, a geological investigation will be completed to determine the presence and type of karst features. The investigation will identify the location, distribution, and dimensions of rock cavities within the potential influence zone of construction. In addition, a qualified biologist will conduct surveys for exposed caves that may contain sensitive resources (e.g., bat roosts and nesting raptors) within 0.25 mile from surface disturbance activities. In the event that cave features or sensitive resources are identified, the USFWS or appropriate state wildlife agency will be contacted and applicable mitigation measures developed. 2.10 Non-Hazardous Waste Disposal Non-hazardous pipeline construction wastes include human waste, trash, pipe banding and spacers, waste from coating products, welding rods, timber skids, cleared vegetation, stumps, rock and all other construction debris. All waste which contains (or at any time contained) oil, grease, solvents, or other petroleum products falls within the scope of the oil and hazardous substances control, clean up and disposal procedures. This material shall be segregated for handling and disposal as hazardous wastes.

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The Contractor shall be responsible for human wastes to be handled and disposed of exclusively by means of portable self-contained toilets during all construction operations. Wastes from these units shall be collected by a licensed Contractor for disposal only at licensed and approved facilities. The Contractor shall remove all trash from the construction right-of-way on a daily basis unless otherwise approved or directed by Keystone. The Contractor shall dispose of all drill cuttings and drilling mud at a Keystoneapproved location. Disposal options may include spreading over the construction right-of-way in an upland location approved by Keystone, hauling to an approved licensed landfill, or other site approved by Keystone. The Contractor shall remove all extraneous vegetative, rock and other natural debris from the construction right-of-way by the completion of clean-up The Contractor shall remove all trash and wastes from Contractor yards, pipe yards and staging areas when work is completed at each location. The Contractor shall dispose of all waste materials at licensed waste disposal facilities. Wastes shall not be disposed of in any other fashion such as unpermitted burying or burning. 2.11 Hazardous Wastes The Contractor shall ensure that all hazardous and potentially hazardous materials are transported, stored and handled in accordance with all applicable legislation. Workers exposed to or required to handle dangerous materials shall also be trained in accordance with the applicable legislation and the manufacturer's recommendations. The Contractor shall dispose of all hazardous materials at licensed waste disposal facilities. Hazardous wastes shall not be disposed of in any other fashion such as un-permitted burying or burning. All transporters of oil, hazardous substances, and hazardous wastes shall be licensed and certified according to the applicable state vehicle code. Incidents on public highways shall be reported to the appropriate agencies. All hazardous wastes being transported off-site shall be manifested. The manifest shall conform to requirements of the appropriate state agency. The transporter shall be licensed and certified to handle hazardous wastes on the public highways. The vehicles as well as the drivers must conform to all applicable vehicle codes for transporting hazardous wastes. The manifest shall conform to regulations of the DOT 49 CFR 172.101, 172.202, and 172.203. If toxic or hazardous waste materials or containers are encountered during construction, the Contractor shall stop work immediately to prevent disturbing or further disturbing the waste material and shall immediately notify Keystone. The Contractor shall not restart work until clearance is granted by Keystone.

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2.12

Noise Control The Contractor shall minimize noise during non-daylight hours and within 1 mile of residences or other noise-sensitive areas such as hospitals, motels or campgrounds. Keystone shall attempt to abide by municipal bylaws regarding noise near residential and commercial/industrial areas. The Contractor shall provide notice to Keystone if noise levels are expected to exceed bylaws for a short duration. The Contractor shall minimize noise in the immediate vicinity of herds of livestock or poultry operations, which are particularly sensitive to noise. Keystone shall install noise attenuation, if necessary, to ensure that noise levels from Keystone’s above-ground facilities comply with the applicable state or local standards.

2.13

Weed Control The Contractor shall thoroughly clean all construction equipment, including timber mats, prior to moving the equipment to the job site to limit the potential for the spread of noxious weeds, insects and soil-borne pests. The Contractor shall clean the equipment with high-pressure washing equipment. Prior to construction, Keystone will mark all areas of the right of way which contain infestations of noxious, invasive species or soil borne pests. Such marking will clearly indicate the limits of the infestation along the right of way. During construction, the Contractor shall clean the tracks, tires, and blades of equipment by hand (track shovel) or compressed air to remove excess soil prior to movement of equipment out of weed and/or soil-borne pest infested areas. The Contractor shall use mulch and straw or hay bales that are free of noxious weeds for temporary erosion and sediment control. The Contractor shall implement pre-construction treatments such as mowing prior to seed development or herbicide application to areas of noxious weed infestation prior to other clearing, grading, and trenching or other soil disturbing work at the identified locations as indicated on the construction drawings. The Contractor shall apply herbicides, where required, within 1 week, or as deemed necessary for optimum mortality success, prior to disturbing the area by clearing, grading, trenching or other soil disturbing work. Herbicides shall be applied by applicators appropriately licensed or certified by the state in which the work is conducted. All herbicides applied preconstruction shall be non-residual or shall have a significant residual effect no longer than 30 days. Herbicides applied during construction shall be non-residual. The Contractor shall not use herbicides in or within 100 feet of a wetland or waterbody. After pipeline construction, on any construction right-of-way over which Keystone has jurisdiction as to the surface use of such land (i.e., valve sites, metering

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stations, pump stations, etc.), Keystone shall provide for weed control to limit the potential for the spread of weeds onto adjacent lands used for agricultural purposes. Any weed control spraying performed by Keystone shall be done so by a State licensed pesticide applicator. Keystone shall be responsible for reimbursing all reasonable costs incurred by owners of land adjacent to above-ground facilities when the Landowners must control weeds on their land which can be reasonably determined to have spread from land with Keystone’s above-ground facilities. 2.14 Dust Control The Contractor shall at all times control air borne dust levels during construction activities to levels acceptable to Keystone. The Contractor shall employ water trucks, sprinklers or calcium chloride as necessary to reduce dust to acceptable levels. Utilization of calcium chloride would be limited to roads. Dust shall be strictly controlled where the work approaches dwellings, farm buildings and other areas occupied by people and when the pipeline parallels an existing road or highway. This shall also apply to access roads where dust raised by construction vehicles may irritate or inconvenience local residents. The speed of all Contractor vehicles shall be controlled while in these areas. The Contractor shall take appropriate precautions to prevent fugitive emissions caused by sand blasting operations from reaching any residence or public building. The Contractor shall place curtains of suitable material, as necessary, to prevent wind-blown particles from sand blasting operations from reaching any residence or public building. 2.15 Off Road Vehicle Control Keystone shall offer to Landowners or managers of forested lands to install and maintain measures to control unauthorized vehicle access to the construction right-of-way where appropriate. These measures may include the following unless otherwise approved or directed by Keystone based on site specific conditions or circumstances: • • • • Signs; Fences with locking gates; Slash and timber barriers, pipe barriers, or boulders lined across the construction right-of-way; and Conifers or other appropriate trees or shrubs across the construction right-ofway.

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2.16

Fire Prevention and Control The Contractor shall comply with all Federal, State, County and Local fire regulations pertaining to burning permits and the prevention of uncontrolled fires. The following mitigative measures shall be implemented to prevent fire hazards and control of fires: • • • • A list of relevant Authorities and their designated representative to contact shall be maintained on the construction site by construction personnel Adequate fire fighting equipment in accordance with the regulatory requirements shall be available on site. The level of forest fire hazard shall be posted at the construction office (where visible for all workers) and make them aware of it and related implications. The Contractor shall provide equipment to handle any possible fire emergency. This shall include, although not be limited to, water trucks, portable water pumps, chemical fire extinguishers, hand tools such as shovels, axes, chain saws, etc. and heavy equipment adequate for the construction of fire breaks when required. Specifically, the Contractor shall supply and maintain in working order an adequate supply of fire extinguishers for each crew that is engaged in work such as welding, cutting, grinding, burning of brush or vegetative debris, etc. In the event of a fire, the Contractor shall immediately use resources required to contain the fire. The Contractor shall then notify local emergency response personnel. All tree clearing activities are to be carried out in accordance with local rules and regulations for the prevention of forest fires. Burning shall be done in compliance with state and/or county regulations and in the center of the right of way and in small piles to avoid overheating or damage to trees or other structures along the right of way. Flammable wastes shall be removed from the construction site on a regular basis. Flammable materials kept on the construction site must be stored in approved containers away from ignition sources. Smoking shall be prohibited around areas with flammable products. Smoking shall be prohibited on the construction site when the fire hazard is high.

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2.17

Road and Railroad Crossings Railroad and highway crossings shall be bored or where permitted by the local road authorities having jurisdiction, open-cut. The pipeline shall be installed without casing unless required by permit. Generally, secondary and unimproved roads, public and private roads, shall be open-cut. The Contractor shall maintain access across all open-cut roads during construction where an alternate bypass is not available. At all road crossings and/or contiguous construction where workers and equipment are working, approaching traffic shall be cautioned to reduce speed

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by road signs. All signage shall be in accordance with crossing permits and state or county highway regulations. 2.18 Adverse Weather The Contractor shall restrict certain construction activities and work in cultivated agricultural areas in excessively wet soil conditions to minimize rutting and soil compaction. In determining when or where construction activities should be restricted or suspended during wet conditions, the Contractor shall consider the following factors: • • • • the extent that rutting may cause mixing of topsoil with subsoil layers or damage to tile drains. excessive buildup of mud on tires and cleats. excessive ponding of water at the soil surface. the potential for excessive soil compaction.

The Contractor shall implement mitigative measures as directed by Keystone in order to minimize rutting and soil compaction in excessively wet soil conditions which may include: • • • • restricting work to areas on the spread where conditions are not prohibitive. using low ground weight or wide-track equipment or other low impact construction techniques. limiting work to areas that have adequately drained soils or have a cover of vegetation such as sod, crops or crop residues sufficient to prevent mixing of topsoil with subsoil layers or damage to drain tiles. installing geotextile material or construction mats in problem areas.

3.0

SPILL PREVENTION AND CONTAINMENT
Spill prevention and containment applies to the use and management of hazardous materials on the construction right-of-way and all ancillary areas during construction. This includes the refueling or servicing of all equipment with diesel fuel, gasoline, lubricating oils, grease, hydraulic and other fluids during normal upland applications and special applications within 100 feet of perennial streams or wetlands. 3.1 Spill Prevention 3.1.1 Staging Areas Staging areas (including Contractor yards and pipe stockpile sites) shall be set up for each construction spread. Hazardous materials at staging areas shall be stored in compliance with federal and state laws. The following spill prevention measures shall be implemented by the Contractor: • Contractor fuel trucks shall be loaded at existing bulk fuel dealerships or from bulk tanks set up for that purpose at the staging area. In the former case, the bulk dealer is responsible for preventing and controlling spills;

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Fuels and lubricants shall be stored only at designated staging areas. Storage of fuel and lubricants in the staging area shall be at least 100 feet away from the water's edge. Refueling and lubrication of equipment shall be restricted to upland areas at least 100 feet away from stream channels and wetlands; Contractors shall be required to perform all routine equipment maintenance at the staging area and recover and dispose of wastes in an appropriate manner; Temporary liners and berms and/or dikes (secondary containment) shall be constructed around the above-ground bulk tanks, so that potential spill materials shall be contained and collected in specified areas isolated from any waterbodies. Tanks shall not be placed in areas subject to periodic flooding or washout; Drivers of tank trucks are responsible for safety and spill prevention during tank truck unloading. Procedures for loading and unloading tank trucks shall meet the minimum requirements established by the Department of Transportation; Warning signs requiring drivers to set brakes and chock wheels shall be displayed at all tanks. Proper grounding of equipment shall be undertaken during fuel transfer operations. Drivers shall observe and control the fueling operations at all times to prevent over-filling the temporary tank; Prior to departure of any tank truck, all vehicle outlets shall be closely examined by the driver for leakage, and tightened, adjusted or replaced to prevent liquid Ieakage while in transit; A supply of sorbent and barrier materials sufficient to allow the rapid containment and recovery of any spill shall be maintained at the construction staging areas. Sorbent and barrier materials shall also be utilized to contain runoff from contaminated areas; Shovels and drums shall be kept at each of the individual staging areas. In the event that small quantities of soil become contaminated, shovels shall be utilized to collect the soil and the material shall be stored in 55 gallon drums. Large quantities of contaminated soil may be bio-remediated on-site, subject to government approval, or collected utilizing heavy equipment, and stored in drums or other suitable containers prior to disposal. Should contamination occur adjacent to staging areas as a result of runoff, shovels and/or heavy equipment shall be utilized to collect the contaminated material. Contaminated soil shall be disposed of in accordance with state and federal regulations; Temporary above-ground tanks shall be subject to visual inspection on a monthly basis and when the tank is refilled. Inspection records shall be maintained. Operators shall routinely keep tanks under close surveillance and potential leaks or spills shall be quickly detected; Visible fuel leaks shall be reported to the Contractors' designated representative and corrected as soon as conditions warrant. Keystone's designated representative shall also be informed; Drain valves on temporary tanks shall be locked to prevent accidental or unauthorized discharges from the tank.

Keystone may allow modification of the above specifications as necessary

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to accommodate specific situations or procedures. Any modifications must comply with all applicable regulations and permits. 3.1.2 Construction Right-of-way Rubber-tired vehicles (pick-up trucks, buses) shall normally refuel at the construction staging areas or commercial gas stations. Tracked machinery (backhoes, bulldozers) shall be refueled and lubricated on the construction right-of-way. Equipment maintenance shall be conducted in staging areas when practical. When impractical, repairs to equipment can be made on the construction right of way when approved by Keystone’s representative. The following preventive measures apply to refueling and lubricating activities on the construction right-of-way: • Construction activities shall be conducted to allow for prompt and effective clean up of spills of fuel and other hazardous materials. Each construction crew, including clean-up crews shall have on hand sufficient tools and material to stop leaks and supplies of absorbent and barrier materials to allow rapid containment and recovery of spilled materials and must know and follow the procedure for reporting spills; Refueling and lubrication of construction equipment shall be restricted to upland areas at least 100 feet away from stream channels and wetlands. Where this is not possible (e.g., trench dewatering pumps), the equipment shall be fueled by designated personnel with special training in refueling and spill containment and clean up. The Environmental Inspector shall ensure that signs are installed identifying restricted areas; Spent oils, lubricants, filters, etc. shall be collected and disposed of at an approved location in accordance with state and federal regulations; Equipment shall not be washed in streams.



• •

Keystone may allow modification of the above specifications as necessary to accommodate specific situations or procedures. Any modifications must still comply with all applicable regulations and permits.

3.2

Contingency Plans The Contractor shall develop emergency response procedures for all incidents (e.g., spills, leaks, fires) involving hazardous materials which could pose a threat to human health and/or the environment. The procedures shall address activities in all work areas, as well as during transport to and from the construction right-ofway and to any disposal or recycling facility.

3.3

Equipment

The Contractor shall retain emergency response equipment that shall be available at all areas where hazardous materials are handled or stored. This equipment shall be readily available to respond to a hazardous material emergency. Such equipment shall include, but not be limited to, the following: KEYSTONE PIPELINE, L.P. -12April 4, 2006 Rev. 3

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first aid kit/supplies phone or communications radio protective clothing (tyvek suit, gloves, goggles, boots) hand held fire equipment absorbent material and storage containers non-sparking bung wrench and shovel brooms and dust pan

Hazardous material emergency equipment shall be carried in all mechanic and supervisor vehicles. This equipment shall include, at a minimum: • • • • • • • • • first aid kit/supplies phone or communications radio 2 sets of protective clothing (tyvek suit, gloves, goggles, boots) 1 non-sparking shovel 6 plastic garbage bags (20 gallon) 10 absorbent socks and spill pads hand held fire extinguisher barrier tape 2 orange reflector cones

Fuel and service trucks shall carry a minimum of 20 pounds of suitable commercial sorbent material. The Contractor shall inspect emergency equipment weekly, and service and maintain equipment regularly. Records shall be kept of all inspections and services. 3.4 Emergency Notification Emergency notification procedures between the Contractor and Keystone shall be established in the preplanning stages of construction, and the Keystone representative shall be identified to serve as contact in the event of a: spill during construction activities. In the event of a spill which meets government reporting criteria, the Contractor shall notify the Keystone representative immediately who, in turn, shall notify the appropriate regulatory agencies. If a spill occurs into navigable waters of the United States, Keystone shall notify the National Response Center (NRC) at 1.800-424-8802. For spills which occur on public lands, into surface waters or into sensitive areas the appropriate governmental agency’s district office shall also be notified. 3.5 Spill Containment and Countermeasures In the event of a spill of hazardous material, Contractor personnel shall: • • notify the appointed Keystone representative; identify the product hazards related to the spilled material and implement appropriate safety procedures, based on the nature of the hazard;

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control danger to the public and personnel at the site; implement spill contingency plans and mobilize appropriate resources and manpower; isolate or shutdown the source of the spill; block manholes or culverts to limit spill travel; initiate containment procedures to limit the spill to as small an area as possible, to prevent damage to property or areas of environment concern (e.g., watercourses); commence recovery of the spill and clean-up operations.

When notified of a spill, the Keystone representative shall immediately ensure that: • • • • • • action is taken to control danger to the public and personnel at the site; spill contingency plans are implemented and that necessary equipment and manpower are mobilized; measures are taken to isolate or shutdown the source of the spill; all resources necessary to contain, recover and clean up the spill are available; any resources requested by the Contractor from Keystone are provided; the appropriate agencies are notified. For spills which occur on public Iands, into surface waters or into sensitive areas the appropriate federal or state managing office office shall also be notified and involved in the incident.

On a land spill, berms shall be constructed with available equipment to physically contain the spill. Personnel entry and travel on contaminated soils shall be minimized. Sorbent materials shall be applied or, if necessary, heavily contaminated soils shall be removed to an approved facility. Contaminated sorbent materials and vegetation shall also be disposed of at an approved facility. On a spill threatening a water body, berms and/or trenches shall be constructed to contain the spill prior to entry into a water body. Deployment of booms, skimmers and sorbent materials shall be necessary if the spill reaches the water. The spilled product shall be recovered and the contaminated area shall be cleaned up with in consultation with spill response specialists and appropriate government agencies.

4.0

UPLANDS (AGRICULTURAL, FOREST, PASTURE, RANGE AND GRASS LANDS)
4.1 Interference with Irrigation Systems If existing irrigation systems (pivot, wheel or other type spray irrigation systems), irrigation ditches, or sheet flow irrigation shall be impacted by the construction of the pipeline, the following mitigative measures shall be implemented unless otherwise approved or directed by Keystone: • If it is feasible and mutually acceptable to Keystone and the Landowner or Landowner's designate, temporary measures shall be implemented to

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allow an irrigation system to continue to operate across land on which the pipeline is also being constructed. If the pipeline and/or temporary work areas intersect an operational (or soon to be operational) pivot or other spray irrigation system, Keystone shall establish with the Landowner or Landowner's designate an acceptable amount of time the irrigation system may be out of service or if, as a result of pipeline construction activities, an irrigation system interruption results in crop damages, either on the pipeline construction right-of-way or off the construction right-of-way, the Landowner shall be reasonably compensated for all such crop damages. If the pipeline and/or temporary work areas intersect an operational sheet flow irrigation system, Keystone shall establish with the Landowner or Landowner's designate an acceptable amount of time the irrigation system may be out of service or if, as a result of pipeline construction activities, an irrigation system interruption results in crop damages, either on the pipeline construction right-of-way or off the construction right-of-way, the Landowner shall be reasonably compensated for all such crop damages. Irrigation ditches that are active at the time of construction shall not be stopped or obstructed except for the length of time to install the pipeline beneath the ditch (typically, one day or less) unless otherwise approved or directed by Keystone.

4.2

Clearing The objective of clearing is to provide a clear and unobstructed right of way for efficient construction of the pipeline. The following mitigative measures shall be implemented: • • • • • construction traffic shall be restricted to the construction right-of-way, existing roads and approved private roads construction right-of-way boundaries including pre-approved temporary workspace shall be clearly staked to prevent disturbance to unauthorized areas if crops are present, they shall be mowed or disced to ground level unless an agreement is made for the Landowner to remove for personal use. burning is prohibited on cultivated land. construction right of way at timber shelterbelts in agricultural areas shall be reduced to the minimum necessary to construct the pipeline

4.3

Topsoil Removal and Storage The objective of topsoil handling is to maintain topsoil capability by conserving topsoil for future replacement and reclamation and to minimize the degradation of topsoil from compaction, rutting, loss of organic matter, or soil mixing so that successful reclamation of the right of way can occur. The following mitigative measures shall be implemented during topsoil removal and storage unless otherwise approved or directed by Keystone based on site specific conditions or circumstances However, all work shall be conducted in accordance with applicable permits.

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In cultivated agricultural lands, unless otherwise specified by the Landowner, the actual depth of the topsoil shall be stripped from the area to be excavated above the pipeline to a maximum of 12 inches. When grading is required, the topsoil shall be removed from the entire area to be graded and stored. When grading is required, the topsoil shall be removed from the entire area to be graded and stored. In non-cultivated agricultural lands, the actual depth of topsoil shall be stripped from the area to be excavated above the pipeline. When grading is required, the topsoil shall be removed from the entire area to be graded and stored. Stripped topsoil is to be stockpiled in a windrow along the edge of the right of way. The Contractor shall perform its work in order to minimize the potential for subsoil and topsoil to be mixed. Under no circumstances shall the Contractor use topsoil to fill a low area If required due to excessively windy conditions, following the removal of the topsoil, topsoil piles shall be tackified using either water or a suitable tackifier. The surface drainage network in the vicinity of the right of way shall be maintained by keeping gaps in the rows of topsoil in order to prevent any accumulation of water on the land. Topsoil shall not be utilized to construct ramps at road or waterbody crossings.

4.4

Grading The objective of grading is to develop a right of way that allows the safe passage of equipment and meets the bending limitations of the pipe. The following mitigative measures shall be implemented during grading unless otherwise approved or directed by Keystone based on site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. • • • • • All grading shall be undertaken with the understanding that original contours and drainage patterns shall be re-established during clean up. Agricultural areas that have been land formed with terraces shall be surveyed to establish pre-construction contours to be utilized for restoration of the terraces after construction. On steep slopes, or wherever erosion potential is high, temporary erosion control measures shall be implemented. Bar ditches adjacent to existing roadways that shall be crossed during construction shall be adequately ramped with grade or ditch spoil to prevent damage to the road shoulder and ditch. Where the construction surface remains inadequate to support equipment travel, timber mats, timber riprap or other method shall be used to stabilize surface conditions.

The Contractor shall limit the interruption of the surface drain network in the vicinity of the right of way, using the appropriate methods:

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Providing gaps in the rows of subsoil and topsoil in order to prevent any accumulation of water on the land. Preventing obstructions in furrows, furrow drains and ditches. Installing flumes and ramps in furrows, furrow drains and ditches to facilitate water flow across the construction right of way and allow for construction equipment traffic. Installing flumes over the trench for any watercourse where flow is continuous during construction.

4.5

Temporary Erosion and Sediment Control 4.5.1 General Temporary erosion and sediment control measures shall be installed immediately after initial disturbance of the soil and maintained throughout construction (on a daily basis) and reinstalled as necessary until replaced by permanent erosion control structures or restoration of the construction right-of-way is complete. Specifications and configurations for erosion and sediment control measures may be modified by Keystone as necessary to suit actual site conditions. However, all work shall be conducted in accordance with applicable permits. The Contractor shall inspect all temporary erosion control measures at least daily in areas of active construction or equipment operation, weekly in areas with no construction or equipment operation, and within 24 hours of each significant rainfall event. The Contractor shall repair all ineffective temporary erosion control measures as expediently as practicable. 4.5.2 Sediment Barriers Sediment barriers shall be constructed of silt fence, staked hay or straw bales, compacted earth (e.g., driveable berms across travel lanes), sand bags, or other appropriate materials. The Contractor shall install sediment barriers in accordance with Details 1 and 2 or as otherwise approved or directed by Keystone. The aforementioned sediment barriers may be used interchangeably or together depending on site specific conditions. In most cases, silt fences shall be utilized where longer sediment barriers are required. Sediment barriers shall be installed below disturbed areas where there is a hazard of off-site sedimentation. These areas include: • • • The base of slopes adjacent to road crossings The edge of the construction right-of-way adjacent to and up gradient of a roadway, flowing stream, spring, wetland or impoundment At trench or test water discharge locations where required

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Where waterbodies or wetlands are adjacent to the construction rightof-way, the Contractor shall install sediment barriers along the edge of the construction right-of-way as necessary to contain spoil and sediment within the construction right-of-way Across the entire construction right-of-way at flowing waterbody crossings Right-of-way immediately upslope of the wetland boundary at all standard (saturated or standing water) wetland crossings as necessary to prevent sediment flow into the wetland. Sediment control barriers are not required at “dry” wetlands Along the edge of the construction right-of-way within standard (saturated or standing water) wetland boundaries as necessary to contain spoil and sediment within the construction right-of-way. Sediment control barriers are not required at “dry” wetlands

Sediment barriers placed at the toe of a slope shall be set with sufficient distance from the toe of the slope, if possible, in order to increase ponding volume. Sediment control barriers shall be placed so as not to hinder construction operations. If silt fences or straw bale sediment barriers in lieu of driveable berms are placed across the entire construction right-of-way at waterbodies, wetlands, or upslope of roads, a provision shall be made for temporary traffic flow through a gap for vehicles and equipment to pass within the structure. Immediately following each day’s shutdown of construction activities, a row of straw bales or a section of silt fence shall be placed across the up-gradient side of the gap with sufficient overlap at each end of the barrier gap to eliminate sediment bypass flow, followed by bales tightly fitted to fill the gap. Following completion of the equipment crossing, the gap shall be closed using silt fence or straw bale sediment barrier. The Contractor shall maintain straw bale and silt fence sediment barriers by removing collected sediment and replacing damaged bales. If sediment loading is greater than approximately 40% full behind a straw bale or silt fence sediment barrier, or if directed by Keystone, sediment shall be removed and placed in an area where it shall not reenter the barrier. If straw bale filters cannot be cleaned out due to access problems, the Contractor shall place a new row of sediment barriers upslope. The Contractor shall use mulch and straw bales that are free of noxious weeds. Mulch or straw bales that contain evidence of noxious weeds or other undesirable species shall be rejected by the Contractor. The Contractor shall remove sediment barriers except those needed for permanent erosion and sediment control during clean up of the construction right-of-way.

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4.5.3

Trench Plugs The Contractor shall use trench plugs at the edge of flowing waterbody crossings and at the edge of wetlands with standing water to prevent diversion of water into upland portions of the pipeline trench and to keep any accumulated trench water out of the waterbody. Trench plugs shall be of sufficient size to withstand upslope water pressure.

4.5.4

Temporary Slope Breakers (Water Bars) The Contractor shall not install temporary slope breakers (water bars) in cultivated land. The Contractor shall install temporary slope breakers on slopes greater than approximately 5% in non-cultivated lands where the base of the slope is less than 50 feet from waterbody, wetland, and road crossings at the following recommended spacing: Slope (%) 5 - 15 >15 - 30 >30 Spacing (feet) 300 200 100

The gradient of each slope breaker shall be 2 to 8 percent. Temporary slope breakers shall be constructed of soil, silt fence, staked straw bales, sand bags or similar materials authorized by Keystone. The Contractor shall direct the outfall of each temporary slope breaker to a stable, well vegetated area or construct an energy-dissipating device at the end of the slope breaker and off the construction right-of-way as shown in Detail 3. The outfall of each temporary slope breaker shall be installed to prevent sediment discharge into wetlands, waterbodies, or other sensitive resources. Specifications and configurations for temporary slope breakers may be modified by Keystone as necessary to suit actual site conditions. However, all work shall be conducted in accordance with applicable permits. 4.5.5 Drainage Channels or Ditches Drainage channels or ditches shall be used on a limited basis to provide drainage along the construction right-of-way and toe of cut slopes as well as to direct surface runoff across the construction right-of-way or away from disturbances and onto natural undisturbed ground. Channels or ditches shall be constructed by the Contractor during grading operations. Where there is inadequate vegetation at the channel’s or ditch’s outlet, sediment barriers, check berms or other appropriate measures shall be used to control erosion.

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4.5.6

Temporary Mulching The Contractor shall install temporary mulch before seeding if construction or restoration activity is interrupted for extended periods. The Contractor shall not apply temporary mulch in cultivated areas unless specifically requested by the Landowner. The Contractor shall not apply mulch within wetland boundaries. Temporary mulch applied on slopes shall be spread uniformly to cover at least 75 percent of the ground surface at an approximate rate of 2 tons/acre of straw or its equivalent. Mulch application on slopes within 100 feet of waterbodies and wetlands shall be increased to an approximate rate of 3 tons/acre of straw or equivalent

4.5.7

Tackifier When inordinately windy conditions result in excessive topsoil movement and topsoil piles wetted with water is not preventing wind erosion, the Contractor shall temporarily suspend topsoil handling operations and apply a tackifier to topsoil stockpiles at the rate recommended by the manufacturer. Should construction traffic, cattle grazing, heavy rains, or other related construction activity disturb the tackified topsoil piles and there is a potential for wind erosion, additional tackifier shall be applied by the Contractor.

4.6

Stringing The objective of stringing is to place the line pipe along the construction right of way for bending and welding in an expedient and efficient manner. The Contractor shall utilize one or more of the following mitigation measures as applicable and when necessary to reduce compaction on the working side of the right of way or as directed by Keystone. However, all work shall be conducted in accordance with applicable permits. • • • • • • Prohibiting access by certain vehicles. Using only machinery possessing low ground pressure (tracks or extra-wide tires). Control access thus minimizing the frequency of all vehicle traffic. Hastening drainage through digging drainage ditch to re-establish surface drainage as required. Using timber riprap, matting, or geotextile fabric overlain with soil. Stopping construction entirely for a period of time.

4.7

Trenching

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The objective of trenching is to provide a ditch of sufficient depth and width with a bottom to continuously support the pipeline. During trenching operations, the following mitigative measures shall be implemented unless otherwise approved or directed by Keystone based on site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. • • • • Segregating subsoil materials from topsoil in separate, distinct rows with a separation that shall limit any admixing of topsoil and subsoil during handling of these materials. Gaps must be left in the spoil piles that coincide with breaks in the strung pipe to facilitate natural drainage patterns and to allow the passage of livestock or wildlife. Trenching operation shall be followed as closely as practicable by lower-in and backfill operations to minimize the length of time the ditch is open Construction debris (e.g., welding debris) and other garbage shall not be deposited in the ditch.

Should blasting be necessary for removal of rock, the following mitigation measures shall be implemented: • • • • • Where blasting is required, operations shall be done accordingly to laws and regulations governing explosives. Prior to using explosives, the Contractor shall advise residents of the immediate area, in order to prevent any risk of accidents or undue disturbances. Blasting mats or subsoil shall be piled over the trench line to prevent any rocks from being blown outside the construction right of way. Each blasting location shall be cleared and cleaned up before and after all blasting operations Blasting shall be carried out during regular daylight working hours. Trench Dewatering/Well Points The Contractor shall make all reasonable efforts to discharge trench water in a manner that avoids damage to adjacent agricultural land, crops and pasture. Damage includes, but is not limited to the inundation of crops for more than 24 hours, deposition of sediment in ditches, and the deposition of gravel in fields or pastures. If trench dewatering is necessary in an area where salt damage to adjacent crops is evident, the Keystone Inspector shall conduct a field conductivity test on the trench water before it is discharged. If the conductivity of the trench water is determined to potentially affect soil quality, it shall not be discharged to areas where salt damage to crops is evident, but shall be directed as feasible so that water flows over a well vegetated, non-cropland area or through an energy dissipater and sediment barrier, then directed to nearby ditches or brackish wetlands or waterbodies.

4.7.1

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When pumping water from the trench for any reason the Contractor shall ensure that adequate pumping capacity and sufficient hose is available to permit dewatering as follows: • No heavily silt-laden trench water shall not be allowed to enter a waterbody or wetland directly but shall instead be diverted through a well vegetated area, a geotextile filter bag or a permeable berm (straw bale or Keystone approved equivalent); and Trench water shall not be disposed of in a manner which could damage crops or interfere with the functioning of underground drainage systems.



The Contractor shall screen the intake hose and keep the hose either one foot off the bottom of the trench or in a container to minimize entrainment of sediment. 4.8 Welding, Field Joint Coating, and Lower In The objectives of welding, field joint coating and lower in are to provide continuous segments of pipeline, to provide corrosion protection to the weld areas of the pipeline, and to place the pipeline in the center of the trench, without stress, at the required depth of cover. The following mitigative measures shall be followed during pipe welding, field joint coating, and lower in, unless otherwise specified by Keystone in response to site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. • Shavings produced during bevelling of the line pipe are to be removed immediately following this operation to ensure that livestock and wildlife do not ingest this material. When welding operations have created a continuous line of pipe that may be left on the right of way for an extended period of time due to construction or weather constraints, a gap in the welded pipe shall be provided to allow for access at farm road crossings and also for passage of livestock and/or wildlife. Prior to the application of epoxy powder, urethane epoxy or other approved pipe coatings, a tarp shall be placed underneath the pipe to collect any overspray of epoxy powder and/or liquid drippings. Excess powder and/or liquid or other hazardous materials (e.g. brushes, rollers, gloves, etc.) shall be continuously collected and removed from the construction right-of-way.



4.9

Padding and Backfilling The objective of padding (when required) and backfilling is to cover the pipe with material that is not detrimental to the pipeline and pipeline coating. The following mitigative measures shall be utilized during backfilling, unless otherwise approved or directed by Keystone based on site specific conditions or circumstances. All work shall be conducted in accordance with applicable permits.

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• • • • • • • • •

Excessive water accumulated in the trench shall be eliminated prior to backfilling. In the event it becomes necessary to pump water from open trenches, the Contractor shall pump the water and discharge it into existing water drainages in a manner that shall avoid damaging adjacent agricultural land, crops, and/or pasture. If it is impossible to avoid water-related damages (including inundation of crops for more than 24 hours, deposition of sediment in ditches and other water courses, and the deposition of gravel in fields, pastures, and any water courses), Keystone shall reasonably compensate the Landowners for the damages or shall correct the damages so as to restore the land, crops, pasture, water courses, etc. to their pre construction condition. All pumping of water shall comply with existing drainage laws and local ordinances relating to such activities and provisions of the Clean Water Act. Prior to backfilling, all drain tile shall be permanently repaired, inspected and the repair documented as described in Section 5.5 Prior to backfilling, trench breakers shall be installed on slopes where required to minimize the potential for water movement down the ditch and potential subsequent erosion. In backfilling the trench, the stockpiled subsoil shall be placed back into the trench before replacing the topsoil. Topsoil shall not be utilized for padding the pipe. Backfilling shall be done without mixing spoil with topsoil. Backfill shall be compacted to a minimum of 90% of pre-existing conditions where the trench line crosses tracks of wheel irrigation systems (pivots). To reduce the potential for ditch line subsidence, spoil shall be replaced and compacted by backhoe bucket and/or by the wheels or tracks of equipment traversing down the trench. The top 4 feet or the actual depth of top cover, whichever is less, within the pipeline trench, bore pits, or other excavations shall not be backfilled with soil containing rocks of any greater concentration or size than existed prior to the pipeline's construction.

4.10

Clean Up The objective of clean up activities shall be to prepare the right of way and other disturbed areas to approximate pre-activity ground contours where appropriate and to replace spoil and stockpiled material in a manner which preserves soil capability and quality to a degree reasonably equivalent to the original or that of representative undisturbed land. The following mitigative measures shall be utilized during clean up, unless otherwise approved or directed by Keystone based on specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. • • Clean up shall occur immediately following backfilling operations when weather allows it. All garbage and construction debris (i.e., lathing, ribbon, welding rods, pipe bevel shavings, pipe spacer ropes end caps, pipe skids, etc.) shall be collected and disposed of at approved disposal sites.

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• • •



The right of way shall be re-contoured with spoil material to approximate preconstruction contours and as necessary to limit erosion and subsidence. Loading of slopes with unconsolidated spoil material shall be avoided during slope re-contouring. Topsoil shall be replaced after re-contouring of the grade with subsoil. The topsoil shall be replaced on the subsoil storage area and over the trench so that after settling occurs, the topsoil's approximate original depth and contour (with an allowance for settling) shall be achieved. Surface drainage shall be restored and re-contoured to conform to the adjacent land drainage system. Erosion control structures such as permanent slope breakers and cross ditches shall be installed on steep slopes where necessary to control erosion by diverting surface run-off from the right of way, to stable and vegetated off right of way areas. After construction, all temporary access shall be returned to prior construction conditions unless specifically agreed with the Landowner or otherwise specified by Keystone. Installation of warning signs, aerial markers, and cathodic protection test leads in locations that shall not impair farming operations and are acceptable to the Landowner All bridges, fences and culverts existing prior to construction shall be restored to meet or exceed approximate pre-construction conditions. Caution shall be utilized when re-establishing culverts to ensure that drainage is not improved to a point that would be detrimental to existing waterbodies and wetlands. All temporary gates installed during construction shall be replaced with permanent fence unless otherwise requested by the Landowner.

4.11

Reclamation and Re-vegetation The objectives of reclamation and re-vegetation are to return the disturbed areas to approximately pre-construction use and capability. This involves the treatment of soil as necessary to preserve approximate pre-construction capability and the stabilization of the work surface in a manner consistent with the initial land use. The following mitigative measures will be utilized unless otherwise approved or directed by Keystone based on site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. 4.11.1 Relieving Compaction • Compaction shall be alleviated on all agricultural land traversed by construction equipment. Cropland that has been compacted shall be ripped a minimum of 3 passes at least 18 inches deep and all pasture and woodland shall be ripped or chiseled a minimum of three passes at least 12 inches deep. Areas of the construction right of way that were stripped for topsoil salvage shall be ripped a minimum of 3 passes (in cross patterns) prior to topsoil replacement. The approximate depth of ripping shall be 18 inches (or a lesser depth if damage may occur to existing drain tile systems). Following ripping, the subsoil surface shall be graded



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• •

smooth and any subsoil clumps broken up (disc and harrow) in an effort to avoid topsoil mixing. The decompacted construction right of way shall be tested by the Contractor at regular intervals for compaction in agricultural and residential areas disturbed by construction activities. Tests shall be conducted on the same soil type under similar moisture conditions in undisturbed areas immediately adjacent to the right of way to approximate pre-construction conditions. Penetrometers or other appropriate devices shall be used to conduct tests Topsoil shall be replaced to pre-existing depths once ripping and discing of subsoil is complete. Topsoil compaction on cultivated fields shall be alleviated by cultivation. If there is any dispute between the Landowner and Keystone as to what areas need to be ripped or chiseled, the depth at which compacted areas should be ripped or chiseled, or the necessity or rates of lime and fertilizer application, the appropriate county Soil and Water Conservation District's opinion shall be considered by Keystone and the Landowner.

Plowing under of organic matter including wood chips, manure, or planting of a new crop, such as alfalfa, to decrease soil bulk density and improve soil structure or any other measures in consultation with the Soil Conservation service shall be considered if mechanical relief of compaction is deemed not satisfactory. 4.11.2 Rock Removal • In agricultural land, rocks that are exposed on the surface due to construction activity shall be removed from the right of way prior to and after topsoil replacement to an equivalent quantity, size and distribution of rocks to that of adjacent lands. Clearing of rocks may be carried out with a mechanical rock picker or by manual means, provided that preservation of topsoil is assured. Rock removed from the right of way shall be hauled off the Landowner’s premises or disposed of on the Landowner’s premises at a location that is mutually acceptable to the Landowner and to Keystone.



4.11.3 Soil Additives If site specific conditions warrant and if agreed to by the Landowner, the Contractor shall apply amendments (fertilizer and soil pH modifier materials and formulations) that are commonly used for agricultural soils in the area in which they are applied and in accordance with written recommendations from the local soil conservation authority, land management agencies, or Landowner. Amendments shall be incorporated into the normal plow layer as soon as possible after application. 4.11.4 Seeding

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The final seed mix shall be based on input from the local Soil Conservation Services and the availability of seed at the time of reclamation. The Landowner may request specific seeding requirements during easement negotiations. Certificates of seed analysis are required for all seed mixes to limit the introduction of noxious weeds. Seed not utilized within 12 months of seed testing shall be approved by Keystone prior to use.Seeding shall follow clean up and topsoil replacement as closely as possible. Seed shall be applied to all disturbed surfaces (except cultivated fields unless requested by the Landowner) as indicated on the Consruction Drawings If mulch was applied prior to seeding for temporary erosion control, the Contractor shall remove and dispose of the excess mulch prior to seedbed preparation to ensure that seedbed preparation equipment and seed drills do not become plugged with excess mulch; to ensure that seed can adequately contact the soil surface; and to ensure that seed incorporation or soil packing equipment can operate without becoming plugged with mulch. The Contractor may evenly re-apply and anchor (straw crimp) the removed temporay mulch on the construction right-of-way following seeding. Identified seeding areas shall be seeded at a rate appropriate for the region and stability of the reclaimed surface. Seeding rates shall be based on Pure Live Seed. Weather conditions, construction right-of-way constraint, site access, and soil type shall influence the seeding method to be used (i.e., drill seeding versus broadcast seeding). All areas seeded by the Contractor, except for temporary cover crops, shall be drill seeded unless the right of way is too steep to facilitate drill seeding. Temporary cover crop seed shall be broadcast. The Contractor shall delay seeding as necessary until the soil is in the appropriate condition for drill seeding. The Contractor shall use a Truax (brand) or equivalent-type drill seeder equipped with a cultipacker designed and equipped to apply grass and grass-legume seed mixtures with mechanisms such as seed box agitators to allow even distribution of all species in each seed mix, with an adjustable metering mechanism to accurately deliver the specified seeding rate and with a mechanism such as depth bands to accurately place the seed at the specified depth. The Contractor shall operate drill seeders at an appropriate speed so the specified seeding rate and depth is maintained. The Contractor shall calibrate drill seeders so that the specified seeding rate is planted. The row spacing on drill seeders shall not exceed 8 inches. The Contractor shall plant seed at depths cosistent with the local or regional agricultural practices. Broadcast or hydro seeding used, in lieu of drilling, shall utilize double the recommended seeding rates. Where seed is broadcast, the Contractor shall use a harrow, cultipacker or other equipment

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immediately following broadcasting to incorporate the seed to the specified depth and to firm the seedbed. The Contractor shall delay broadcast seeding during high wind conditions if even distribution of seed is impeded. The Contractor shall hand rake all areas that are too steep, or otherwise cannot be safely harrowed or cultipacked, in order to incorporate the broadcast seed to the specified depth. Hydro-seeding may be used, on a limited basis, where the slope is too steep or soil conditions do not warrant conventional seeding methods. Fertilizer, where specified, may be included in the seed, virgin wood-fiber, tackifier and water mixture. When hydro-seeding, virgin wood-fiber shall be applied at the rate of approximately 3,000 pounds per acre on an air-dry weight basis as necessary to provide at least 75% ground cover. Tackifier shall consist of biodegradable, vegetable-based material and shall be applied at the rate recommended by the manufacturer. The seed, mulch and tackifier slurry shall be applied so that it forms a uniform, mat-like covering of the ground. Keystone shall work with Landowners to discourage cattle from using the construction right-of-way during the first growing season by utilization of temporary fencing or deferred grazing.

4.11.5 Permanent Erosion and Sediment Control The Contractor shall restore all existing Landowner soil conservation improvements and structures disturbed by pipeline construction to the approximate pre-construction line and grade. Soil conservation improvements and structures include, but are not limited to, grassed waterways, toe walls, drop inlets, grade control works, terraces, levees and farm ponds. 4.11.5.1 Trench Breakers The Contractor shall install trench breakers in steep terrain where necessary to limit the potential for trench line erosion and at the base of slopes adjacent to waterbodies and wetlands. Trench breakers shall be constructed of materials such as sand bags, sand/cement bags, bentonite bags, or polyurethane foam by the Contractor (Detail 7). The Contractor shall not use topsoil in trench breakers.

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4.11.5.2 Permanent Slope Breakers (Water Bars) Permanent slope breakers (water bars) shall be constructed of soil or, in some instances, sand bags. The Contractor shall construct permanent slope breakers (water bars) on the construction right-of-way where necessary to limit erosion, except in cultivated and residential areas. Slope breakers shall divert surface runoff to adjacent stable vegetated areas or to energy-dissipating devices as shown on Detail 3. Permanent slope breakers (water bars) shall be installed as specified on the Construction Drawings or generally with a minimum spacing as shown on the following table: Slope (%) 5 - 15 >15 – 30 >30 Spacing (feet) 300 200 100

The gradient (fall) for each slope breaker shall be two percent (2%) to eight percent (8%) unless otherwise approved by Keystone based on site specific conditions. The Contractor shall construct slope breakers to divert surface flow to a stable, well-vegetated area. In the absence of a stable area, the Contractor shall construct appropriate energydissipating devices at the end of the slope breaker and beyond the area disturbed by construction. . 4.11.5.3 Mulching The Contractor shall apply mulch on all areas with high erosion potential and on slopes greater than 8 percent unless otherwise approved by Keystone based on site specific conditions or circumstances. The Contractor shall spread mulch uniformly over the area to cover at least 75 percent of the ground surface at an approximate rate of 2 tons/acre of straw or its equivalent. Mulch application includes straw mulch or hydro mulch and tackifier. The Contractor shall not apply mulch in cultivated areas unless requested by the Landowner. The Contractor shall use mulch that is free of noxious weeds. The Contractor shall apply mulch immediately following seeding. The Contractor shall not apply mulch in wetlands. If a mulch blower is used, the majority of strands of the mulching material shall not be shredded to less than 8 inches in length to allow anchoring. The Contractor shall anchor mulch immediately after application to minimize loss by wind and water.

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When anchoring (straw crimping) by mechanical means, the Contractor shall use a tool specifically designed for mulch anchoring with flat, notched disks to properly crimp the mulch to a depth of approximately 2 to 3 inches. A regular farm disk shall not be used to crimp mulch. In soils possessing high erosion potential, the Contractor may be required to make two passes of the mulch-crimping tool, passes must be as perpendicular to the others as possible. When anchoring with liquid mulch binders (tackifiers), the Contractor shall use a biodegradable tackifier derived from a vegetable-based, organic source. The Contractor shall apply mulch binders at rates recommended by the manufacturer. The Contractor shall limit the use of liquid mulch binders (tackifiers) for anchoring straw and the use of hydromulch and tackifier to areas that are too steep or rocky to safely or effectively operate mechanical mulch-anchoring tools. 4.11.5.4 Erosion Control Matting Erosion control matting shall be applied where shown on the Construction Drawings as shown on Detail 4. The Contractor shall anchor the erosion control matting with staples or other approved devices.

The Contractor shall use erosion control matting made of biodegradable, natural fiber such as straw or coir (coconut fiber). The Contractor shall prepare the soil surface and install the erosion control matting to ensure it is stable and the matting makes uniform contact with the soil of the slope face or stream bank underneath with no bridging of rills, gullies or other low areas. 4.11.5.5 Riprap and Stream Bank Stabilization In most cases, the banks and streambeds of waterbodies shall be restored to their approximate original contours. Erosion protection shall be applied as specified in the construction drawings. Generally most restored banks will be protected through the use of flexible channel liners installed as specified in Detail 19. If the original stream bank is excessively steep and unstable and/or flow conditions are severe, a more stable final contour

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may be specified and alternate stabilization measures may be installed. Alternate stabilization measures may consist of rock rip rap, or bio-stabilization or engineered structures such as brush layering, logwalls, cribwalls, or vegetated geo-grids. See Details 20, 22, 23, and 24. Stream bank riprap structures shall consist of a layer of stone, underlain with approved filter fabric or a gravel filter blanket. Riprap shall extend from the stabilized streambed to the top of the stream bank, where practicable, native rock shall be utilized. 4.11.6 Fences Upon completion of all backfilling, clean-up and restoration including mulching and seeding of the construction right-of-way, permanent repairs shall be made to all fences by using either the original material or good quality new material similar to existing fences. Early or historic fences shall be carefully reassembled by hand from the original material. Where the original material has deteriorated to a state that makes it unsalvageable, replacement material similar to the original shall be used if possible. 4.11.7 Right-of-way and Pipeline Markers Upon completion of all backfilling, clean-up and restoration including mulching and seeding of the construction right-of-way and during the time when the Contractor is making permanent repairs to fences, the Contractor shall install pipeline markers on each side of all roads, railroads, fence lines, stream crossings and other areas where the pipeline markers do not conflict with intended land use. 4.12 Pasture and Range Lands The following mitigative measures shall be implemented in addition to the requirements previously stated in Sections 4.1 thru 4.11 unless otherwise approved by Keystone based on site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. Access across the right of way during construction shall be provided at locations requested by Landowners, if practicable. • Bevel shavings produced during pipe bevel operations are to be removed immediately to ensure that livestock and wildlife do not ingest this material. • Litter and garbage shall be collected and removed from the construction site at the end of the day’s activities. • Temporary gates shall be installed at fence lines for access to the construction right of way. These gates shall remain closed at all times. Upon completion of construction, the temporary gates shall be removed and the permanent fence replaced. KEYSTONE PIPELINE, L.P. -30April 4, 2006 Rev. 3 •

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Feeding or harassment of livestock or wildlife is prohibited. Construction personnel shall not be permitted to have firearms or pets on the construction right-of-way. All food and wastes shall be stored and secured in vehicles and/or appropriate facilities. Areas of disturbance in native range shall be seeded with a native seed mix after topsoil re-placement. Improved pasture shall be seeded with a seed mix approved by individual Landowners.

4.13

Forested Lands Mitigation measures are required to ensure that pipeline construction activities have a minimal impact on forested lands and their habitat. Clearing, grubbing and grading of trees, brush and stumps shall be performed in accordance with the following mitigative measures in addition to the requirements previously stated in Sections 4.1 thru 4.11 unless otherwise approved or directed by Keystone based on site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. • • Prior to the start of clearing activity, right of way boundaries including pre-approved temporary workspaces shall be clearly staked to prevent disturbance to unauthorized areas. If trees are to be removed from the construction right-of-way, Keystone shall consult with the Landowner or Landowner's designate to see if there are trees of commercial or other value to the Landowner. Timber shall be salvaged as per Landowner request. If there are trees of commercial or other value to the Landowner, Keystone shall allow the Landowner the right to retain ownership of the trees with the disposition of the trees to be negotiated prior to the commencement of land clearing and included in the easement agreement. If not performed by the Landowner, the construction right of way Contractor shall salvage all merchantable timber from designated areas. Tree stumps shall be grubbed only 5 feet either side of the trench line and where necessary for grading a level surface for pipeline construction equipment to operate safely Keystone shall follow the Landowner's or Landowner designate's desires as stated in the easement agreement regarding the disposal of trees, brush, and stumps of no value to the Landowner by burning, burial, etc., or complete removal from any affected property. Timber salvage operations shall use cut off-type saw equipment. Felling shall be undertaken in a manner that minimizes butt shatter, breakage and off right of way disturbance. Skidders or alternate equipment shall be used to transport salvaged logs to stacking sites. Trees shall be felled in such a way that they fall toward the centre line of the right of way to avoid breaking trees and branches off right of way. Leaners or felled trees that inadvertently fall into adjacent undisturbed vegetation shall be salvaged. Trees and slash falling outside the right of way shall be recovered and disposed of



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Salvaged logs shall be limbed and topped before removal from the construction right-of-way. Log decks (if required) shall be oriented to best facilitate loading by picker trucks and be located adjacent to the working side of the right of way where possible. The Contractor shall not be allowed to dispose of woody debris in wooded areas along the pipeline right of way. Pruning of branches hanging over the right of way shall be done only when necessary for construction. Any branch that is broken or seriously damaged should be cut off near its fork and the collar of the branch preserved. All tree wastes, stumps, tree crowns, brushes, branches and other forest debris shall be either burned, chipped (using a mobile chipper) or removed from the right of way according to Keystone instructions contained in the specific mitigation measures. Burial of this waste material on the site by the Contractor shall require the Landowner’s specific authorization. Chips must not be spread over cultivated land. However, they may be spread and incorporated with mineral soil over the forest floor at a density that shall not prevent re-vegetation of grass. Stump removal and brush clearing shall be done with bulldozers equipped with brush rakes to preserve organic matter. Decking sites shall be established, approximately 2000 feet apart in timbered areas, on sites located on approved temporary workspace in existing cleared areas, in non-merchantable stands of timber or, if no other options are available, in merchantable timber stands. Deck sites shall be appropriately sized to accommodate the loading equipment. The Contractor shall remove decked timber from the construction right-of-way and transport to a designated all weather access point or mill if the Landowner does not want the timber.

4.14

Residential and Commercial/Industrial Areas 4.14.1 Residential Area The principal measures that shall be used to mitigate impacts on existing residential areas include the following unless otherwise directed or approved by Keystone based on site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. • • • notifying Landowners prior to construction; posting warning signs as appropriate reducing the width of construction right of way, if practicable, by eliminating the construction equipment passing lane, reducing the size of work crews, or utilizing the “stove pipe” or “drag section” construction techniques; removing fences, sheds, and other improvements as necessary for protection from construction activities; preserving, to the extent possible, mature trees and landscaping while ensuring the safe operation of construction equipment; fencing the edge of the construction work area adjacent to a residence for a distance of 100 feet on either side of the residence to ensure that construction equipment and materials, including the spoil pile, remain within the construction work area;

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limiting the hours during which operations with high-decibel noise levels (i.e., drilling and boring) can be conducted; limiting dust impact through prearranged work hours and by utilizing dust minimization techniques; ensuring that construction proceeds quickly through such areas (thus, minimizing exposure to nuisance effects such as noise and dust); maintaining access and traffic flow during construction activities, particularly for emergency vehicles; cleaning up construction trash and debris daily; fencing or plating open ditches during non-construction activities; immediately after backfilling the trench, restoring all lawn areas, shrubs, specialized landscaping, fences and other structures, etc. within the construction work area consistent with its pre-construction appearance or the requirements of the Landowner. Restoration work shall be done by personnel familiar with local horticultural and turf establishment practices; If the pipeline centerline is within 25 feet of a residence, ensuring that the trench is not excavated until the pipe is ready for installation and that the trench shall be backfilled immediately after pipe installation.

4.14.2 Commercial / Industrial Area Commercial/industrial areas traversed by the pipeline would be subjected to both short and long-term impacts similar to residential areas. Temporary, short-term construction impacts may include disruption, inconvenience, and loss of potential revenues. The principal measures that shall be used to mitigate impacts on existing commercial/industrial areas are as follows unless otherwise directed or approved by Keystone based on site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits. • • notifying business owners prior to construction; reducing the width of construction right of way, if practicable, by eliminating the construction equipment passing lane, reducing the size of work crews, or utilizing the “stove pipe” or “drag section” construction techniques; removing fences and other improvements as necessary for protection from construction activities; fencing the edge of the construction work area adjacent to a business for a distance of approximately 100 feet on either side of the commercial/industrial building to ensure that construction equipment and materials, including the spoil pile, remain within the construction work area; preserving, to the extent possible, mature trees and landscaping while ensuring the safe operation of construction equipment; limiting the hours during which operations with high-decibel noise levels (i.e., drilling and boring) can be conducted; limiting dust impact through prearranged work hours and by utilizing dust minimization techniques;

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ensuring that construction proceeds quickly through such areas (thus, minimizing exposure to nuisance effects such as noise and dust); maintaining access and traffic flow during construction activities, particularly for emergency vehicles; cleaning up construction trash and debris daily; fencing or plating open ditches during non-construction activities; immediately after backfilling the trench, restoring all lawn areas, shrubs, specialized landscaping, fences and other structures, etc. within the construction work area consistent with its pre-construction appearance or the requirements of the business owner. Restoration work shall be done by personnel familiar with local horticultural and turf establishment practices; If the pipeline centerline is within 25 feet of a commercial/industrial building, ensuring that the trench is not excavated until the pipe is ready for installation and that the trench shall be backfilled immediately after pipe installation.

4.14.3 Site – Specific Plans For any residence or commercial/industrial building closer than 25 feet to the construction work area, Keystone shall prepare a site-specific construction plan. The plan shall include: • • a description of construction techniques to be used; a dimensioned site plan that shows, as a minimum: ° ° ° ° • the location of the residence or commercial/industrial area in relation to the new pipeline; the edge of the construction work area; the edge of the new permanent construction right-of-way; and other nearby topographical obstacles including landscaping, trees, structures, roads, parking areas, or ditches/streams, etc.

a description of how Keystone would ensure that the trench is not excavated until the pipe is ready for installation and that the trench is backfilled immediately after pipe installation.

Figure 1 represents a typical site specific plan. 4.14.4 Landowner Complaint Resolution Procedure Keystone shall implement a Landowner complaint procedure as follows: • Landowners should first contact the construction spread office to express their concern over restoration and/or mitigation of environmental damages on their property. The Construction Manager, or his designated representative, shall respond to the Landowner within approximately 24 hours of receipt of the phone call. If the Landowner has not received a response or are not satisfied with the response, they can then contact Keystone’s representative at XXX-



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XXX-XXXX. The Landowners should expect a response within 48 hours. If the Landowner has not received a response or is not satisfied with the response, they should contact Keystone’s Hotline at XXX-XXX-XXXX.

4.15

Operations and Maintenance Operations and maintenance programs such as vegetation management, pipeline maintenance, integrity surveys, hydrostatic testing or other programs may have an impact on the final reclamation of the right of way. To ensure that the integrity of the facility and land surface reclamation of the right of way is maintained after completion of construction and that regulatory requirements are adhered to during operations, the following measures shall be implemented unless otherwise directed by Keystone in response to site specific conditions or circumstances. However, all work shall be conducted in accordance with applicable permits.







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Keystone shall monitor the pipeline right of way and all stream crossings for erosion or other potential problems that could affect the integrity of the pipeline. Any erosion identified shall be reclaimed as expediently as practicable by Keystone or by compensation of the Landowner to reclaim the area. Trench depressions on ditch line which may interfere with natural drainage, vegetation establishment or land use shall be repaired as expediently as practicable by Keystone or by compensation of the Landowner to repair the area. Post construction monitoring inspections shall be conducted of disturbed areas after the first growing season to determine the success of revegetation. Areas which have not been successfully re-established shall be revegetated by Keystone or by compensation of the Landowner to reseed the area. If, after the first growing season, revegetation is successful, no additional monitoring shall be conducted. In non-agricultural areas, revegetation shall be considered successful if, upon visual survey, the density and cover of non-nuisance vegetation are similar in density and cover to adjacent undisturbed lands. In agricultural areas, revegetation shall be considered successful if crop yields are similar to adjacent undisturbed portions of the same field. Restoration shall be considered successful if the surface condition is similar to adjacent undisturbed lands, construction debris is removed (unless requested otherwise by the Landowner or land managing agency), revegetation is successful, and drainage has been restored. Weed control measures shall be implemented as required in conjunction with the Landowner. Keystone shall be responsible for correcting all tile line repairs or irrigation systems that fail due to pipeline construction, provided those repairs were made by Keystone. Keystone shall not be responsible for tile line repairs which Keystone compensates the Landowner to perform. When requested by Landowners, in cultivated land, Keystone shall monitor the yield of land impacted by construction with the help of agricultural specialists. If alterations are indicated from that of adjacent lands, Keystone

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will compensate the Landowner for reduced yields and shall implement procedures to return the land to equivalent capability. In residential areas, Landowners may use the right-of-way provided they do not interfere with the rights granted to Keystone. Trees or bushes, structures, including houses, toolsheds, garages, poles, guy wires, catch basins, swimming pools, trailers, leaching fields, septic tanks, and any other objects not easily removable, shall not be permitted on the permanent construction right-of-way without the written permission of Keystone, because they could impair access for maintenance of the pipeline. Keystone shall maintain communication with the Landowner and or tenant throughout the operating life of the pipeline to allow expedient communication of issues and problems as they occur. Keystone shall provide the Landowners with corporate contact information for these purposes. Keystone shall work with Landowners to prevent excessive erosion on lands disturbed by construction. Reasonable methods shall be implemented to control erosion. This may not be implemented if the property across which the pipeline is constructed is bare cropland which the Landowner intends to leave bare until the next crop is planted. If the Landowner and Keystone cannot agree upon a reasonable method to control erosion on the Landowner's property, the recommendations of the appropriate county Soil and Water Conservation District shall be considered by Keystone and the Landowner.

5.0

DRAIN TILE SYSTEMS
5.1 General If underground drainage tile is damaged by the pipeline installation, it shall be repaired in a manner that assures the tile line's proper operating condition at the point of repair. Keystone may elect to negotiate a fair settlement with the affected county or Landowner for repair of the damaged drain tile. In the event the Landowner chooses to have the damaged tile repaired by Keystone, the Contractor shall follow these guidelines and procedures to identify the location of drain tiles; to mitigate damages to drain tiles prior to and during construction; to repair drain tiles damaged during installation of the pipeline; to inspect the proper repair of drain tiles; and to provide post-construction monitoring to determine any impacts caused by repair of drain tiles. Since all public and private drain tile systems are unique, i.e., varying age, depth of cover, type of material, geometry on the land, etc., it is not possible to develop a standard procedure for resolving each county’s or Landowner’s drain tile issues. These guidelines provide a basis on which to develop site specific methodology to mitigate damage and to repair drain titles affected by construction of the Keystone pipeline. Actual measures will be developed based on site specific information unique to specific installations. However, all work will be conducted in accordance with applicable permits. 5.2

Identification and Classification of Drain Tile Systems
Personnel shall attempt to identify and classify existing drain tile systems by meeting with local public officials and county engineers, and meeting with individual private Landowners and/or tenants.

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5.2.1

Publicly Owned Drain Tiles Personnel shall identify and meet with the responsible county or local authority responsible for publicly owned drain tiles. Publicly owned drain tiles shall be identified and documented onto Keystone’s 1” = 2000’ USGS quad strip maps and additional data collected for input into an electronic spreadsheet by county; township, range, and section; responsible agency; and size, type, and depth of cover (if known). This data shall be cross referenced to the centerline survey to be completed by Keystone. Additionally, any public records including maps or easement instruments on the drain tiles shall be acquired as well as any requirements of the local authority for installation of the Keystone pipeline.

5.2.2

Privately Owned Drain Tiles Right-of-way agents shall meet with Landowners and tenants of privately owned land along Keystone’s pipeline route. As a minimum, the right-ofway agents shall ascertain the data concerning drain tiles outlined on a Landowner questionnaire. The questionnaire requests data concerning type of drain tile system; size, type of material and depth of cover; preference for repair of drain tiles; and identification of local drain tile contractors. These data shall be collected into an electronic spreadsheet for utilization by right-of-way personnel in negotiating payments for easements and damages and by engineering/construction personnel for inclusion in specifications for the construction contractor.

5.3

Mitigation of Damage to Drain Tile Systems Keystone shall undertake mitigation measures to reduce damage to publicly and privately owned drain tile systems prior to and during installation of the pipeline. 5.3.1 Non-interference with Drain Tile Keystone’s pipeline shall be installed at a depth of cover and elevation to not interfere with the elevation and grade of existing drain tiles where practicable. Where not practicable, Keystone shall pursue alternative mitigation measures mutually acceptable to the Landowner and jurisdictional agencies. Typically, the pipeline shall be installed below the elevation of drain tiles with a minimum clearance of 12 inches. Detail 25, Typical ROW Layout/Soil Handling, represents a typical drain tile crossing by the pipeline with additional temporary work space to facilitate handling of topsoil and trench spoil created by the additional depth of cover for the pipeline. 5.3.2 Non-disturbance of Drain Tile Mains Publicly owned and privately owned drain tile mains shall be identified through the processes identified in Section 5.2. Drain tile mains are essential to the overall drainage system of a land area and may cause the pipeline construction Contractor excessive pumping/dewatering of the pipe

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trench unless temporarily repaired and maintained until permanently repaired. Keystone shall review drain tile mains and consider their size, flow rate, type of material, depth of cover, and geographic location. If determined to be practicable and reasonable for construction, the drain tile main shall not be cut and repaired during mainline installation (a pipe section shall be left out and installed by a tie-in crew without damaging the drain tile main).

5.3.3

Relocation or Replacement of Existing Drain Tiles Prior to Construction In many instances, drain tile systems that have been installed after the installation of adjacent existing pipelines, were installed with “headers” parallel to the existing pipeline with periodic jumpovers as depicted on Detail 26, Header/Main Crossovers of Keystone Pipeline. The distance of these headers from the existing pipeline may vary. Some of these drain tile headers may be most effectively relocated and/or replaced to the east of the Keystone pipeline and the existing header capped and made into a single drain tile as depicted on Detail 27, Relocate/Replace Drainage Header/Main. This could reduce the number of drain tile crossings on a particular Landowner by a significant quantity, thereby reducing the risk that repairs will fail.

5.3.4

Future Drain Tiles/Systems Personnel shall attempt to determine where public agencies and private Landowners or tenants are proposing to install drain tile systems in the future to the extent possible. These locations shall be input into an electronic spreadsheet by county; township, range, and section; Landowner or responsible public agency; and proposed size and depth of cover. Keystone shall endeavor to construct the pipeline at a depth and elevation to accommodate the future installation of the proposed drain tile systems.

5.3.5

Other Mitigation Measures Other mitigation measures that may be implemented during installation of the pipeline are as follows: • • • • Not removing topsoil from the working side of the construction right-ofway to prevent crushing of drain tile by heavy equipment Spreading ditch and spoil side topsoil (not subsoil) over the working side to provide additional soil depth to protect existing drain tiles. The Contractor shall restrict the work, if practicable, of the pipe lower-in crew if ground conditions are too wet to adequately support the heavy equipment. Travel of heavy equipment shall be limited to the working lane of the construction right-of-way where possible.

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• •

Travel of heavy equipment shall be limited to one pass over the drain tile per work crew where possible. Should tile be crushed on the working side of the right of way, the topsoil would be removed and replaced during the drain tile replacement.

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5.4 Responsibility for Repair of Drain Tile Systems Temporary and permanent drain tile repairs shall be the responsibility of the Contractor. The physical repairs shall be made by qualified and experienced drain tile repair personnel. 5.4.1 Local Drain Tile Contractor Repair Keystone shall identify and qualify local drain tile contractors in the geographical area of the pipeline route from interviews with local public officials and Landowners/tenants as well as the drain tile contractors. The preferred responsibility for permanent repair of drain tiles shall be for the pipeline Contractor to subcontract the supervision and repair to local reputable drain tile contractors that are acceptable to the local Landowners/tenants. 5.4.2 Pipeline Contractor Repair In the event local drain tile contractors are not available to subcontract the supervision and repair, responsibility for permanent repair shall be with the pipeline contractor’s supervision, equipment, and labor. 5.4.3 Landowner/Tenant Repair Keystone shall allow the Landowner or tenant responsibility for the permanent repair of his drain tiles if requested during negotiations for the easement and if not precluded by jurisdictional regulatory agencies. The Landowner/tenant shall be requested to ensure their ability to coordinate and complete the drain tile repair in a timely manner to accommodate the pipeline Contractor to allow the pipeline Contractor to completely backfill the damaged drain tile for repair by Landowner/tenant in the immediate future. Keystone shall require that its representative be present to ensure the permanent drain tile repairs are made in accordance with the minimum requirements of this manual. 5.5 Drain Tile Repairs The Contractor shall endeavour to locate all tile lines within the construction right-of-way prior to and during the pipeline's installation so repairs can be made if necessary. 5.5.1 Temporary Repairs During Construction Drain tiles damaged/cut by excavation of the pipeline trench shall be marked with a lath and ribbon in the spoil bank. Care shall be taken to locate markers where the chance of disturbance shall be minimized and a written record maintained of each drain tile crossing. A work crew following the pipeline trench crew shall complete a temporary repair to allow continuing flow. Detail 28, Temporary Drain Tile Repair, depicts the materials and installation to complete the temporary repair. If a drain tile

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line shall not be temporarily repaired, the open ends of the drain tile shall be screened to prevent entry of foreign materials and small animals. 5.5.2 Permanent Repairs Permanent repairs shall be made for all drain tiles damaged by installation of the pipeline. 5.5.2.1 Ditch Line Only Repairs If water is flowing through a damaged tile line, the tile line shall be immediately and temporarily repaired until such time that permanent repairs can be made. If tile lines are dry and water is not flowing, temporary repairs are not required if the permanent repair is made within 7 days of the time damage occurred. The temporary repair shall be removed just prior to lowering-in the pipeline. Drain tiles must be permanently repaired before the pipeline trench is backfilled and within 14 days of construction completion, weather and soil conditions permitting. All tile lines shall be repaired with materials of the same or better quality as that which was damaged. The drain tile marker shall not be removed until the tile repairs have been inspected, approved, and accepted by Keystone’s inspectors, the Counties’ inspectors, where applicable, and/or the Landowner or tenant. Detail 29, Permanent Repair Method of Drain Tiles, depicts the minimum materials and installation to complete a permanent repair. 5.5.2.2 Ditch Line and Temporary Work Space Repairs Prior to making the permanent drain tile repair, the Contractor shall probe a segmented sewer rod with a plug that is not more than 15% smaller than the internal diameter of the drain tile to determine if additional damage has occurred to the drain tile. If the probe does not freely insert into the drain tile across the temporary workspace of pipeline construction, the Contractor shall excavate, expose and repair the damaged drain tile to its original or better condition. 5.6 Inspection/Acceptance of Drain Tile Repairs Drain tile repairs shall be inspected by Keystone pipeline construction inspectors, County inspectors, as applicable, and the Landowner or tenant or their representative. Keystone pipeline shall designate inspector(s) for the sole purpose and responsibility for inspection of repair of drain tiles. These inspectors shall be, if possible, employed from local drain tile installation contractors, local farmers with extensive drain tile experience, or previously employed or retired employees of local

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jurisdictions familiar with drain tile installation and repair. In the event that a sufficient quantity of inspectors from the prior described sources are not available, Keystone shall conduct in-the-field training seminars on drain tile repair for additional inspection personnel. Inspection personnel shall observe the permanent repair of all drain tiles to ensure utilization of the proper type and size of replacement drain tile; the drain tile is installed at the proper grade; the drain tile is properly supported; backfill beneath the drain tile is properly placed and compacted; and the replacement drain tile is properly tied into the existing drain tile. The inspections shall be documented on the Drain Tile Inspection Report Forms. A drain tile repair shall not be accepted until Keystone’s construction inspector AND the Landowner or tenant or their designated representative approves the inspection form.

6.0

WETLAND CROSSINGS
6.1 General Aboveground facilities shall not be located in a wetland, except where the location of such facilities outside of wetlands would preclude compliance with U.S. Department of Transportation pipeline safety regulations. Wetland boundaries shall be clearly marked in the field with signs and/or highly visible flagging during construction. In the event a waterbody crossing is located within or adjacent to a wetland crossing, the measures of Section 7 shall be implemented to the extent practicable. A “dry” wetland typically has groundwater level existing some depth below the surface. Trench excavations are typically stable and normal in width. Equipment can traverse the wetland without the support of mats or timber rip-rap. A “standard” wetland environment typically has soils that are saturated and noncohesive. Difficult trenching conditions are likely resulting in excessively wide trenches. In these wetland environmental types, supplemental support in the form of timber rip-rap or prefabricated equipment mats may be required for construction equipment to safely and efficiently operate. A “flooded” wetland involves the presence of standing water over much of the wetland area. Equipment typically cannot traverse the wetland and must generally move around that portion of the area. Access is typically limited to marsh backhoes or equipment working from flexi floats or equivalent. Keystone may allow modification of the following specifications as necessary to accommodate site specific conditions or procedures. Any modifications must still comply with all applicable regulations and permits.

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6.2

Easement and Workspace The Contractor shall maintain wetland boundary markers in place during construction in all areas and until permanent seeding are completed in noncultivated areas. The width of the construction right-of-way shall be reduced to 85 feet or less in "standard" wetlands unless non-cohesive soil conditions require utilization of a greater width. The Contractor shall locate all extra work areas (such as staging areas and additional spoil storage areas) at least 10 feet away from wetland boundaries, where topographic conditions permit. The Contractor shall limit clearing of vegetation between extra work areas and the edge of the wetland to the construction right-of-way and limit the size of extra work areas to the minimum needed to construct the wetland crossing.

6.3

Vehicle Access and Equipment Crossing The only access roads, other than the construction right-of-way, that the Contractor shall use in wetlands are those existing roads shown on the Construction Drawings. The Contractor’s construction equipment operating in saturated wetlands or wetlands with standing water shall be limited to that needed to clear the construction right-of-way, dig the trench, fabricate and install the pipeline, backfill the trench, and restore the construction right-of-way to the extent practicable If equipment must operate within a wetland containing standing water or saturated soils, the Contractor shall use the following methods for equipment access unless otherwise approved by Keystone based on site specific conditions: • • Wide-track or balloon-tire construction equipment. Conventional equipment operated from timber and slash (riprap) cleared from the right of way, timber mats, or prefabricated equipment mats

6.4

Temporary Erosion and Sediment Control The Contractor shall install sediment barriers across the entire construction rightof-way immediately upslope of the wetland boundary at all standard wetland crossings, as necessary, to prevent sediment flow into the wetland. Sediment barriers must be properly maintained by the Contractor throughout construction and reinstalled as necessary. In the travel lane, these may incorporate removable sediment barriers or driveable berms. Removable sediment barriers can be removed during the construction day, but shall be re-installed after construction has stopped for the day and/or when heavy precipitation is imminent The Contractor shall maintain sediment barriers until replaced by permanent erosion controls or restoration of adjacent upland areas is complete. The

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Contractor shall not install sediment barriers at wetlands designated as “dry” unless otherwise specified by Keystone. Where standard wetlands are adjacent to the construction right-of-way, the Contractor shall install sediment barriers along the edge of the construction rightof-way as necessary to prevent a sediment flow into the wetland. 6.5 Wetland Crossing Procedures The following general mitigative procedures shall be followed by the Contractor in all wetlands unless otherwise approved or directed by Keystone based on site specific conditions. However, all work shall be conducted in accordance with applicable permits. • • • • Minimizing the duration of construction-related disturbance within wetlands to the extent practicable. Attempting to use no more than two layers of timber riprap to stabilize the construction right-of-way. Cutting vegetation off at ground level leaving existing root systems in place and remove it from the wetland for disposal. Limiting pulling of tree stumps and grading activities to directly over the trench line. Not grading or removing stumps or root systems from the rest of the construction right-of-way in wetlands unless safety-related construction constraints require removal of tree stumps from under the working side of the construction right-of-way. Segregating the top 12 inches of topsoil from the area disturbed by trenching in standard wetlands, where practicable. After backfilling is complete, restoring topsoil to its approximate original stratum. Dewatering the trench in such a manner that does not cause erosion and heavily silt-laden water does not flow directly into any wetland or waterbody. The Contractor shall avoid sand blasting in wetlands to the extent practicable. If sandblasting is performed within a wetland, the Contractor shall place a tarp or suitable material in such a way as to collect as much waste shot as possible and dispose of the collected waste. The Contractor shall clean up all visible deposits of wastes and dispose of the waste at an approved disposal facility. Removing all timber riprap and prefabricated equipment mats upon completion of construction. Locating hydrostatic test manifolds outside wetlands and riparian areas to the maximum extent practicable. Locating hydrostatic test manifolds outside wetlands and riparian areas to the maximum extent practicable. Not storing hazardous materials, chemicals, fuels, lubricating oils, or perform concrete coating activities in a wetland, or within 100 feet of any wetland boundary. Attempting to refuel all construction equipment in an upland area at least 100 feet from a wetland boundary. If construction equipment must be refueled in a wetland or within 100 feet of any wetland boundary, follow the procedures outlined in Section 3.

• • •

• • • • •

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• •

Where the pipeline trench may drain a wetland, the Contractor shall construct trench breakers and/or seal the trench to maintain the original wetland hydrology. After backfilling is complete, restoring the segregated topsoil to its approximate original location over the trench.

Specific procedures for each type of wetland crossing method are listed below and shall be designated on the Construction Drawings but may be modified depending on site conditions at the time of construction. However, all work shall be conducted in accordance with applicable permits. 6.5.1 "Dry" Wetland Crossing Method Topsoil shall be segregated. Pipe stringing and fabrication may occur within the wetland adjacent to the trench line or adjacent to the wetland in a designated extra workspace. The "dry" wetland crossing procedure depicted in Detail 8 shall be used where this type of wetland is identified on the Construction Drawings. The following are exceptions to "standard" wetland crossing methods: • • • • • The width of the construction right-of-way for upland construction is maintained through the wetland. Where extra work areas (such as staging areas and additional spoil storage areas) are designated on the Construction Drawings, they may be placed no closer than 10 feet from the wetland's edge. Sediment barriers are not required across or along the edges of the construction right-of-way. If the wetland is cultivated, the topsoil shall be stripped using the trench and spoil side method at the same depth as the adjacent upland areas Seeding requirements for agricultural lands shall be applied to farmed wetlands.

6.5.2

"Standard" Wetland Crossing Method Topsoil stripping is impracticable due to the saturated nature of the soil. Pipe stringing and fabrication may occur within the wetland adjacent to the trench line or adjacent to the wetland in a designated extra workspace. Based upon the length of a standard wetland crossing and presence of sufficient water to float the pipe, the Contractor may elect to install a standard wetland crossing utilizing the “push/pull” method. The standard wetland crossing procedure depicted in Detail 9 shall be used where this type of wetland is identified on the Construction Drawings. Procedures unique to standard wetlands include:

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• • •

Limiting construction right of way width to a maximum of 85 feet unless site conditions warrant a wider width Utilizing low ground pressure construction equipment or support equipment on timber rip rap or timber mats Installing sediment barriers across the entire right of way where the right of way enters and exits the wetland

6.5.3

Flooded "Push/Pull" Wetland Crossing Method In these wetlands, standing surface water or high groundwater levels are present. Difficult trenching conditions may exist, and trench widths of up to 35 feet are common. Topsoil stripping is impossible due to the flooded conditions. Pipe stringing and fabrication is required adjacent to the wetland in a designated extra workspace. And the pipe pushed and/or pulled with floatation into place. The "Push/Pull" Wetland crossing procedure as depicted in Detail 10 shall be used where water is sufficient to float the pipeline in the trench and other site conditions allow. Clean metal barrels or styrofoam floats may be used to assist in the flotation of the pipe. Metal banding shall be used to secure the barrels or floats to the pipe. All barrels, floats and banding shall be recovered and removed upon completion of lower-in. Back fill shall not be allowed before recovery of barrels, floats and banding.

6.6

Restoration and Reclamation All timber riprap, timber mats, and prefabricated equipment mats shall be removed upon completion of construction. The Contractor shall replace topsoil, as applicable, and spread to its original contours in the wetland as possible with no crown over the trench. Any excess spoil shall be removed from the wetland. The Contractor shall stabilize wetland edges and adjacent upland areas by establishing permanent erosion control measures and re-vegetation, as applicable, during final clean up. For each standard wetland crossed, the Contractor shall install a permanent slope breaker and trench breaker at the base of slopes near the boundary between the wetland and adjacent upland areas. The Contractor shall locate the trench breaker immediately upslope of the slope breaker. In the absence of detailed re-vegetation plans or until the appropriate seeding season for permanent wetland vegetation in standard wetlands, the Contractor shall apply a temporarily cover crop on the construction right-of-way at a rate adequate for germination and ground cover using annual ryegrass or oats unless standing water is present. The Contractor shall apply the temporary cover crop during final clean up. For farmed wetlands, apply seeding requirements for agricultural lands or as required by the Landowner.

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6.7

Operations and Maintenance Vegetation maintenance shall not be conducted over the full width of the permanent right-of-way in wetlands. However, to facilitate periodic pipeline corrosion/leak surveys, a corridor centered on the pipeline and up to 30 feet wide may be maintained in an herbaceous state. In addition, trees within 30 feet of the pipeline greater than 15 feet in height may be selectively cut and removed from the permanent right-of-way. Herbicides and pesticides shall not be used in or within 100 feet of a wetland except as allowed by the appropriate land management agency or state agency. The success of wetland re-vegetation shall be monitored after construction until wetland re-vegetation is successful except in circumstances where property is purchased and developed. Wetland re-vegetation shall be considered successful if the cover of herbaceous and/or woody species is at least 80 percent of the type, density, and distribution of the vegetation in adjacent wetland areas that were not disturbed by construction. If re-vegetation is not successful at the end of 3 years, a remedial re-vegetation plan shall be developed in consultation with a professional wetland ecologist to actively re-vegetate the wetland. Re-vegetation efforts shall continue until wetland re-vegetation is successful.

7.0

WATERBODIES AND RIPARIAN LANDS
7.1 General The Contractor shall comply with requirements of all permits issued for the waterbody crossings by Federal, State or local agencies. "Waterbody" includes any natural or artificial stream, river, or drainage with perceptible flow at the time of crossing, and other permanent waterbodies such as ponds and lakes: • • • "Minor Waterbody" includes all waterbodies less than or equal to 10 feet wide at the water's edge at the time of construction. "Intermediate Waterbody" includes all waterbodies greater than 10 feet wide but less than or equal to 100 feet wide at the water's edge at the time of construction. "Major Waterbody" includes all waterbodies greater than 100 feet wide at the water's edge at the time of construction.

In the event a waterbody crossing is located within or adjacent to a wetland crossing, the Contractor shall implement the provisions of Section 6, Wetland Crossings, to the extent practicable. The Contractor shall supply and install advisory signs in a readily visible location along the construction right-of-way, a distance of approximately 100 feet on each

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side of the crossing and on all roads which provide direct construction access to waterbody crossing sites. Signs shall be supplied, installed, maintained and then removed upon completion of the project. Additionally, signs shall be supplied and installed by the Contractor on all intermediate and major waterbodies accessible to recreational boaters warning boaters of pipeline construction operations. The Contractor shall not store hazardous materials, chemicals, fuels, lubricating oils, or perform concrete coating within approximately 100 feet of any waterbody. The Contractor shall not refuel construction equipment within 100 feet of any waterbody. If the Contractor must refuel construction equipment within 100 feet of a waterbody, it must be done in accordance with the requirements outlined in Section 3. Throughout construction, the Contractor shall maintain adequate flow rates to protect aquatic life and to prevent the interruption of existing downstream uses. Keystone may allow modification of the following specifications as necessary to accommodate specific situations or procedures. Any modifications must comply with all applicable regulations and permits. 7.2 Easement and Work Space The permanent easement, temporary work space, additional temporary work space and any special restrictions shall be depicted on the Construction Drawings. The work shall be contained within these areas and be limited in size to the minimum required to construct the waterbody crossing. The Contractor shall locate all extra work areas (such as staging areas and additional spoil storage areas) at least 10 feet from the water's edge if practicable. At all waterbody crossings, the Contractor shall install flagging across the construction right-of-way at least 10 feet from the banks prior to clearing and ensure that riparian cover is maintained where practicable during construction. 7.3 Vehicle Access and Equipment Crossings The Contractor shall inspect equipment for fluid leaks prior to entering or crossing over waterbodies. Equipment bridges are not required at minor waterbodies unless dry crossing procedures are specified or unless the waterbody supports a state designated fishery. Equipment crossings shall be constructed as described in Details 16, 17 and/or 18. Equipment crossings shall be perpendicular to drainage bottoms whenever possible.

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The Contractor shall be responsible for the installation, maintenance and removal of all temporary access crossings including portable bridges, bridges made from timber or mats, flumes, culverts, sand bags, subsoil, or coarse granular material and riprap. The Contractor shall ensure that culverts and flumes are sized and installed of sufficient diameter to accommodate the existing flow of water and those that may potentially be created by sudden runoffs. Flumes shall be installed with the inlet and outlet at natural grade if possible. Where bridges, culverts or flumes are installed across the working area, the Contractor shall be responsible for maintaining them (e.g. preventing collapse, clogging or tilting). All flumes and culverts shall be removed as soon as possible upon completion of construction The width of the temporary access road across culverts and flumes and the design of the approaches and ramps shall be adequate for the size of vehicle and equipment access required. The ramps shall be of sufficient depth and constructed to prevent collapse of the flumes, and the approaches on both sides of the flume shall be feathered. Where culverts are installed for access and a waterbody is expected or possibly shall be constructed by the dry flume method, the culvert shall be of sufficient length to convey the stream flow through the construction zone. The Contractor shall maintain equipment bridges to minimize soil from entering the waterbody. 7.4 Waterbody Crossing Methods Construction methods pertinent to waterbody crossings are presented below. Selection of the most appropriate method at each crossing shall be depicted on the Construction Drawings but may be amended or changed based on sitespecific conditions (i.e., environmental sensitivity of the waterbody, depth and rate of flow, subsurface soil conditions, site specific construction considerations, and the expected time and duration of construction) at the time of crossing. Each waterbody crossing shall be accomplished using one of the following construction methods: • • • • • • Non-flowing Open Cut Crossing Method - (Detail 11) Flowing Open Cut Crossing Method – Minor, Intermediate or Major Waterbody - (Detail 12) Flowing Open Cut Crossing – Dry Flume Method - (Detail 13) Flowing Open Cut Crossing – Dry Dam and Pump Method - (Detail 14) Horizontal Directional Drill Crossing - (Detail 15) Horizontal Bore Crossing - (Detail 21)

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7.4.1

Non-flowing Open Cut Crossing Method The Contractor shall utilize the Non-flowing Open Cut Crossing Method (Detail 11) for all waterbody crossings (ditches, gullies, drains, swales, etc.) with no perceptible flow at the time of construction. Should site conditions change and the waterbody is flowing at the time of construction, the Contractor shall install the crossing utilizing the flowing open cut crossing method unless otherwise approved by Keystone.

7.4.2

Flowing Open Cut Crossing Method of Minor, Intermediate and Major Waterbodies For minor waterbody crossings, except where the flume method is used, the Contractor shall complete construction in the waterbody (not including blasting, if required) as shown on Detail 12 within 24 hours if practicable. For intermediate waterbodies, the Contractor shall attempt to complete trenching and backfill work within the waterbody (not including blasting if required) within 48 hours if practicable as shown on Detail 12. The Contractor shall construct each major waterbody crossing in accordance with a Site Specific Plan as shown in the Construction Drawings. The Contractor shall complete in-stream construction activities as expediently as practicable.

7.4.3

Flowing Open Cut Crossing – Dry Flume Method Where required, the Contractor shall utilize the Flowing Open Cut Crossing – Dry Flume Method as shown on Detail 13 with the following "dry ditch" techniques: • • flume pipe shall be installed after blasting (if necessary), but before any trenching; sand bag or sand bag and plastic sheeting diversion structure or equivalent shall be used to develop an effective seal and to divert stream flow through the flume pipe (some modifications to the stream bottom may be required in order to achieve an effective seal); flume pipe(s) shall be aligned to prevent bank erosion and streambed scour; flume pipe shall not be removed during trenching, pipe laying, or backfilling activities, or initial streambed restoration efforts; and all flume pipes and dams that are not also part of the equipment bridge shall be removed as soon as final clean up of the stream bed and bank is complete

• • •

7.4.4

Flowing Open Cut Crossing – Dry Dam and Pump Method Where specified in the construction drawings, the Contractor shall utilize the Flowing Open Cut Crossing – Dry Dam and Pump Method as shown

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on Detail 14. The dam and pump crossing method shall meet the following performance criteria: • • • • • sufficient pumps shall be used to maintain 1.5 times the flow present in the stream at the time of construction; at least one back up pump must be available on site; dams shall be constructed with materials that prevent sediment and other pollutants from entering the waterbody (e.g., sandbags or clean gravel with plastic liner); screen pump intakes shall be installed; streambed scour shall be prevented at pump discharge; and dam and pumps shall be monitored to ensure proper operation throughout the waterbody crossing.

7.4.5

Horizontal Directional Drill Crossings Where required, the horizontal directional drill method as shown on Detail 15 shall be utilized for designated major and sensitive waterbodies. The Contractor shall construct each directional drill waterbody crossing in accordance with a Site Specific Plan as shown in the Construction Drawings. Drilling fluids and additives utilized during implementation of a directional drill shall be non-toxic to the aquatic environment. The Contractor shall develop a contingency plan to address a frac-out during a directional drill. The plan shall include instructions for monitoring during the directional drill and mitigation in the event that there is a release of drilling fluids. Additionally, the waterbody shall be monitored downstream by the Contractor for any signs of drilling fluid. The Contractor shall dispose of all drill cuttings and drilling mud at a Keystone-approved location. Disposal options may include spreading over the construction right-of-way in an upland location approved by Keystone, hauling to an approved licensed landfill, or other site approved by Keystone.

7.4.6

Horizontal Bore Crossings Where required, the horizontal bore method as shown on Detail 21 shall be utilized for crossing waterbodies. The Contractor shall construct each horizontal bore waterbody crossing in accordance with a Site Specific Plan as shown in the Construction Drawings.

7.5

Clearing Except where rock is encountered and at non flowing open cut crossings, all necessary equipment and materials for pipe installation must be on-site and assembled prior to commencing trenching in a waterbody. All staging areas for materials and equipment shall be located at least 10 feet from the waterbody

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edge. The Contractor shall preserve as much vegetation as possible along the waterbody banks while allowing for safe equipment operation. Clearing and grubbing for temporary vehicle access and equipment crossings shall be carefully controlled to minimize sediment entering the waterbody from the construction right-of-way. Clearing and grading shall be performed on both sides of the waterbody prior to initiating any trenching work. All trees shall be felled away from watercourses. Plant debris or soil inadvertently deposited within the high water mark of waterbodies shall be promptly removed in a manner that minimizes disturbance of the waterbody bed and bank. Excess floatable debris shall be removed above the high water mark from areas immediately above crossings. Vegetation adjacent to waterbodies which are to be installed by horizontal directional drill or boring methods shall not be disturbed except by hand clearing as necessary for drilling operations. 7.6 Grading The construction right-of-way adjacent to the waterbody shall be graded so that soil is pushed away from the waterbody rather than towards it when possible. In order to minimize disturbance to woody riparian vegetation within extra workspaces adjacent to the construction right-of-way at waterbody crossings, the Contractor shall minimize grading and grubbing of waterbody banks. Grubbing shall be limited to the ditchline plus an appropriate width to accommodate the safe installation of vehicle access and the crossing to the extent practicable. 7.7 Temporary Erosion and Sediment Control The Contractor shall install sediment barriers across the entire construction rightof-way at all flowing waterbody crossings. The Contractor shall install sediment barriers immediately after initial disturbance of the waterbody or adjacent upland. Sediment barriers must be properly maintained throughout construction and reinstalled as necessary (such as after backfilling of the trench) until replaced by permanent erosion controls or restoration of adjacent upland areas is complete. Where waterbodies are adjacent to the construction right-of-way, the Contractor shall install sediment barriers along the edge of the construction right-of-way as necessary to contain spoil and sediment within the construction right-of-way. 7.8 Trenching The following requirements apply to all waterbody crossings except those being installed by the non-flowing open cut crossing method.

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All equipment and materials shall be on site before trenching in the active channel of all minor waterbodies containing state designated fisheries, and in intermediate and major waterbodies. All activities shall proceed in an orderly manner without delays until the trench is backfilled and the stream banks stabilized. The Contractor shall not begin in-stream activity until the in-stream pipe section is complete and ready to be installed in the waterbody. The Contractor shall use trench plugs at the end of the excavated trench to prevent the diversion of water into upland portions of the pipeline trench and to keep any accumulated upland trench water out of the waterbody. Trench plugs must be of sufficient size to withstand upslope water pressure. The Contractor shall conduct as many in-stream activities as possible from the banks of the waterbodies. The Contractor shall limit the use of equipment operating in waterbodies to that needed to construct each crossing. The Contractor shall place all spoil from minor and intermediate waterbody crossings, and upland spoil from major waterbody crossings in the construction right-of-way at least 10 feet from the water's edge or in additional extra work areas. No trench spoil, including spoil from the portion of the trench across the stream channel, shall be stored within a waterbody unless the crossing cannot be reasonably completed without doing so. The Contractor shall install and maintain sediment barriers around spoil piles to prevent the flow of spoil into the waterbody. Spoil removed during ditching shall be used to backfill the trench usually with a backhoe, clamshell or a dragline working from the waterbody bank. Sand, gravel, rockshield, or fill padding shall be placed around the pipe where rock is present in the channel bottom. 7.9 Pipe Installation The following requirements apply to all waterbody crossings except those being installed by the non-flowing open cut crossing method. A "free stress" pipe profile shall be used at all minor, intermediate, and major waterbodies with gradually sloping stream banks. The "box bend" pipe profile shall be used for intermittent and major waterbodies with steep stream banks. The trench shall be closely inspected to confirm that the specified cover and that adequate bottom support can be achieved, and shall require Keystone approval prior to the pipe being installed. Such inspections shall be performed by visual inspection and/or measurement by a Keystone Representative. In rock trench, the ditch shall be adequately padded with clean granular material to provide continuous support for the pipe. The pipe shall be pulled into position or lowered into the trench and shall, where necessary, be held down by weights, as-built recorded and backfilled immediately to prevent the pipe from floating.

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The Contractor shall provide sufficient approved lifting equipment to perform the pipe installation in a safe and efficient manner. As the coated pipe is lowered in, it shall be prevented from swinging or rubbing against the sides of the trench. Only properly manufactured slings, belts and cradles suitable for handling coated pipe shall be used. All pipes shall be inspected for coating flaws and/or damage as it is being lowered into the trench. Any damage to the pipe and/or coating shall be repaired. 7.10 Backfilling The following requirements apply to all waterbody crossings except those being installed by the non-flowing open cut crossing method. Trench spoil excavated from waterbodies shall be used to backfill the trench across waterbodies. After lowering-in has been completed, but before backfilling, the line shall be reinspected to ensure that no skids, brush, stumps, trees, boulders or other debris is in the trench. If discovered, such materials or debris shall be removed from the trench prior to backfilling. For each major waterbody crossed, the Contractor shall install a trench breaker at the base of slopes near the waterbody unless otherwise directed by Keystone based on site specific conditions. The base of slopes at intermittent waterbodies shall be assessed on-site and trench breakers installed only where necessary. Slurred muck or debris shall not be used for backfill. At locations where the excavated native material is not acceptable for backfill or must be supplemented, the Contractor shall provide granular material approved by Keystone. If specified in the Construction Drawings, the top of the backfill in the stream shall be armored with rock riprap or bio-stabilization materials as appropriate. 7.11 Stabilization and Restoration of Stream Banks and Slopes The stream bank contour shall be re-established. All debris shall be removed from the streambed and banks. Stream banks shall be stabilized and temporary sediment barriers shall be installed within 24 hours of completing the crossing if practicable. Approach slopes shall be graded to an acceptable slope for the particular soil type and surface run off controlled by installation of permanent slope breakers. Where considered necessary, the integrity of the slope breakers shall be ensured by lining with erosion control blankets. Immediately following reconstruction of the stream banks, the Contractor shall install seed and flexible channel liners on waterbody banks as shown in Detail 19. If the original stream bank is excessively steep and unstable and/or flow conditions are severe or if specified on the Construction Drawings, the banks

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shall be stabilized with rock riprap, gabions, stabilizing cribs, or bio-stabilization measures to protect backfill prior to reestablishing vegetation. Stream bank riprap structures shall consist of a layer of stone, underlain with approved filter fabric or a gravel filter blanket in accordance with Detail 20. Riprap shall extend from the stabilized streambed to the top of the stream bank, where practicable, native rock shall be utilized. Bio-stabilization techniques which may be considered for specific crossings are shown in Details 22, 23, and 24. The Contractor shall remove equipment bridges as soon as possible after final clean up.

8.0

HYDROSTATIC TESTING
8.1 Testing Equipment Location The Contractor shall provide for the safety of all pipeline construction personnel and the general public during hydrostatic test operations by placing warning signs in populated areas. The Contractor shall locate hydrostatic test manifolds 100 feet outside wetlands and riparian areas to the maximum extent practicable. 8.2 Test Water Source and Discharge Locations Keystone is responsible for acquiring all permits required by federal, state and local agencies for procurement of water and for the discharge of water used in the hydrostatic testing operation. Keystone shall provide the Contractor with a copy of the appropriate withdrawal/discharge permit for hydrostatic test water. The Contractor shall keep the water withdrawal/discharge permit on site at all times during testing operations. Any water obtained or discharged shall be in compliance with permit notice requirements and with sufficient notice for Keystone's Testing Inspector to make water sample arrangements prior to obtaining or discharging water. In some instances sufficient quantities of water may not be available from the permitted water sources at the time of testing. Withdrawal rates may be limited as stated by the permit. Under no circumstances shall an alternate water source be used without prior authorization from Keystone. The Contractor shall be responsible for obtaining any required water analyses from each source to be used in sufficient time to have a lab analysis performed prior to any filling operations. The sample bottle shall be sterilized prior to filling with the water sample. The analysis shall determine the pH value and total suspended solids. Each bottle shall be marked with:

• Source of water with pipeline station number • Date taken • Laboratory order number KEYSTONE PIPELINE, L.P. -55-

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CONSTRUCTION MITIGATION AND RECLAMATION PLAN


Name of person taking sample

Staging/work areas for filling the pipeline with water shall be located a minimum of 50 feet from the waterbody or a wetland boundary if topographic conditions permit. The Contractor shall install temporary sediment filter devices adjacent to all streams that runoff may enter. The Contractor shall screen the intake hose to prevent the entrainment of fish or debris. The hose shall be kept off the bottom of the waterbody. Refueling of construction equipment shall be conducted a minimum distance of 100 feet from the stream or a wetland. Pumps used for hydrostatic testing within 100 feet of any waterbody or wetland shall be operated and refueled in accordance with Section 3. The Contractor shall maintain adequate flow rates in the waterbody to protect aquatic life, provide for all waterbody uses, and provide for downstream withdrawals of water by existing users. The Contractor shall not use chemicals in the test water. The Contractor shall not discharge any water containing oil or other substances that are in sufficient amounts as to create a visible color film or sheen on the surface of the receiving water. Potential hydrostatic water sources for the mainline and the Cushing Extension are as follows:

KEYSTONE PIPELINE, L.P.

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April 4, 2006 Rev. 3

CONSTRUCTION MITIGATION AND RECLAMATION PLAN

Table 1 – Mainline Drainage Basins and Water Sources
Drainage Basins & Water Sources Pembina River Tongue River Carter Creek Branch Forest River Sheyenne River Logen Dam Nat’l Wildlife Prod. Area Rock Creek Lutz Lake Wolf Creek James River Missouri River Elk Horn River Shell Creek Platte River Big Blue River West Fork Big Blue River Big Blue River Missouri River Grand River Mussel Fork River Mussel Fork River Silver Creek (East Fork) South Fork Salt River Culver River Pardenne Creek Runs Into Miss. River Mississippi River Cahokie Creek Shoal Creek Approximate Location Where Pipeline Crosses Water Source (Mile Post) 7 17 24 46 167 290 351 358 363 387 417 431 498 527 537 568 587 652 743 834 850 856 865 912 972 988 1014 1020 1048

KEYSTONE PIPELINE, L.P.

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April 4, 2006 Rev. 3

CONSTRUCTION MITIGATION AND RECLAMATION PLAN

Table 2 – Cushing Extension Drainage Basins and Water Sources
Drainage Basins & Water Sources Approximate Location Where Pipeline Crosses Water Source (Mile Post)

Little Blue River

4.2

Republican River

52.1

Smokey Hill River

76.2

Cottonwood River

117.0

Whitewater River

158.0

Stewart Creek (0.3 mile upstream of Walnut River)

185.1

Arkansas River

206.1

Salt Fork Arkansas River

238.5

Cimarron River

284.4

Selected road, railroad, and river crossing pipe sections may be specified to be pre-tested for a minimum of 4 hours. The water for pre-testing of any road and railroad crossings shall be hauled by a tanker truck from an approved water source. Water for pre-testing of a river crossing may be hauled or taken from the respective river if it is an approved water source. Since the volume of water utilized in these pretests shall be relatively small, the water shall be discharged overland along the construction right-of-way and allowed to soak into the ground utilizing erosion and sediment control mitigative measures. Selection of final test water sources will be determined based on site conditions at the time of construction and applicable permits.

KEYSTONE PIPELINE, L.P.

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April 4, 2006 Rev. 3

CONSTRUCTION MITIGATION AND RECLAMATION PLAN

8.3

Filling the Pipeline After final positioning of the pipe, the Contractor shall fill the pipe with water. Pipe ends shall not be restrained during the fill. The fill pump shall be set on a metal catch pan of sufficient dimensions to contain all leaking lubricants or fuel and prevent them from entering the water source. The suction inlet must be placed in a screened enclosure located at a depth that shall not allow air to be drawn in with the water. The screened enclosure shall be such that the fill water is free of organic or particulate matter. The Contractor shall provide a filter of the backflushing or cartridge type with a means of cleaning without disconnecting the piping. The filter shall have the specifications of 100 mesh screen. If the cartridge type is used, a sufficient quantity of cartridges shall be on hand at the filter location. The Contractor shall install the filter between the fill pump and the test header. The Contractor shall be responsible for keeping the backflush valve on the filter closed during the filling operation. The Contractor shall be responsible for the proper disposal of materials backflushed from the filter or filter cartridges. The Contractor shall not be allowed to backflush the filter into the stream or other water source. During water-filling of the pipeline, pumps capable of injecting water approximately 0.7 to 1.0 mile per maintenance of adequate flow approximately as follows: Nominal OD 30" the Contractor shall employ the use of fill into the pipeline at a maximum rate of hour, except as limited by permits or the rates in the waterbody, as indicated

Max. GPM 3000

The Contractor shall restrict flow rates if necessary to protect aquatic life, provide for all waterbody uses, and provide for downstream withdrawals of water by existing users. 8.4 Dewatering the Pipeline The Contractor shall comply with state-issued NPDES permits for discharging test water. The Contractor shall not discharge any water containing oil or other substances that are in sufficient amounts as to create a visible color film on the surface of the receiving water. The Contractor shall not discharge into state-designated exceptional value waters, waterbodies which provide habitat for federally listed threatened or endangered species, or waterbodies designated as public water supplies, unless appropriate Federal, State, and local permitting agencies grant written permission.

KEYSTONE PIPELINE, L.P.

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April 4, 2006 Rev. 3

CONSTRUCTION MITIGATION AND RECLAMATION PLAN

The Contractor shall calculate, record and provide to Keystone the day, date, time, location, total volume, maximum rate and methods of all water discharged to the ground or to surface water in association with hydrostatic testing. The Contractor shall regulate the pig velocity discharge rate (3000 gpm maximum), use energy dissipation device(s), and install sediment barriers, as necessary, to prevent erosion, streambed scour, suspension of sediments, or excessive stream flow. Water must be disposed of using good engineering judgment so that all federal, state, and local environmental standards are met. Dewatering lines shall be sufficient strength and be securely supported and tied down at the discharge end to prevent whipping during this operation. To reduce the velocity of the discharge, The Contractor shall utilize an energydissipating device described as follows: 8.4.1 Splash Pup A splash pup consists of a piece of large diameter pipe (usually over 20" O.D.) of variable length with both ends partially blocked that is welded perpendicularly to the discharge pipe. As the discharge hits against the inside wall of the pup, the velocity is rapidly reduced and the water is allowed to flow out either end. A variation of the splash pup concept, commonly called a diffuser, incorporates the same design, but with capped ends and numerous holes punched in the pup to diffuse the energy. 8.4.2 Splash Plate The splash plate is a quarter section of 36-inch pipe welded to a flat plate and attached to the end of a 6-inch discharge pipe. The velocity is reduced by directing the discharge stream into the air as it exits the pipe. This device is also effective for most overland type discharge. 8.4.3 Plastic Liner In areas where highly erodible soils exist or in any low flow drainage channel, it is a common practice to use layers of visqueen (or any of the new construction fabrics currently available) to line the receiving channel for a short distance. One anchoring method may consist of a small load of rocks to keep the fabric in place during the discharge. 8.4.4 Straw Bale Dewatering Structure Straw bale dewatering structures are designed to dissipate and remove sediment from the water being discharged. Straw bale structures are used for on-land discharge of wash water and hydrostatic test water and in combination with other energy dissipating devices for high volume discharges. A straw bale dewatering structure is shown In Detail 6.

KEYSTONE PIPELINE, L.P.

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April 4, 2006 Rev. 3

CONSTRUCTION MITIGATION AND RECLAMATION PLAN

9.0

DRAWINGS AND FIGURES
Detail 1 Detail 2 Detail 3 Detail 4 Detail 5 Detail 6 Detail 7 Detail 8 Detail 9 Detail 10 Detail 11 Detail 12 Detail 13 Detail 14 Detail 15 Detail 16 Detail 17 Detail 18 Detail 19 Detail 20 Detail 21 Detail 22 Detail 23 Detail 24 Detail 25 Detail 26 Detail 27 Detail 28 Detail 29 Figure 1 Typical Silt Fence Barrier Typical Straw or Hay Bale Barrier Permanent Slope Breakers (Water Bars) Erosion Control Matting Installation Typical Dewatering Filter Bag Typical Straw Bale Dewatering Structure Typical Permanent Trench Breakers ”Dry” Wetland Crossing Method Standard Wetland Crossing Method Push/Pull Wetland Crossing Method Non-Flowing Water Body Crossing Method Typical Flowing Waterbody Crossing Method Typical Dry Flume Crossing Method Typical Dam & Pump Crossing Typical Horizontal Drill (HDD) Site Plan & Profile Typical Temporary Bridge Crossing Typical Flume Bridge Crossing Typical Railcar Bridge Crossing Flexible Channel Liner Installation Typical Rock Rip-Rap Typical Road Bore Crossing Streambank Reclamation – Brush Layer In Cross Cut Slope Streambank Reclamation – Log Wall Streambank Reclamation – Vegetated Geotextile Installation Typical ROW Layout/Soil Handling Header/Main Crossovers of Keystone Pipeline Relocate/Replace Drainage Header/Main Temporary Drain Tile Repair Permanent Repair Method of Drain Tiles Typical Site Specific Plan

KEYSTONE PIPELINE, L.P.

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April 4, 2006 Rev. 3

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