HomeMy WebLinkAboutPipeline Encroachment SpecsExplorer Pipeline Company
Encroachment Specification
The following are minimum requirements for most proposed
encroachments to avoid conflict with Explorer Pipeline's easement rights.
It is not Explorer Pipeline's intent to convey that these are the only types
of activities permitted: additional specifications may be required
depending upon the proposed encroachments. For a review of your
individual situation, please contact the nearest Explorer Pipeline Area
Office toll -free at 1-888-876-0036 (select option #2, then #3).
GENERAL REQUIREMENTS FOR SURFACE ALTERATIONS
A) Federal and State laws require 48-72 hours notice given to the
utility companies prior to beginning excavation. This may be
accomplished by contacting a "One Call" system (see bottom of
back page for listings). If you are unable to contact the appropriate
one call system, please call the nearest Explorer Pipeline area
office a minimum of 48 hours prior to commencing work.
B) Explorer Pipeline's easement restricts the placement of a structure,
building, parking lot or pond within the right-of-way.
C) An authorized Explorer Pipeline representative must be on site
during any type of excavation within the right-of-way.
D) Any change in the amount of existing material (soil) on and over the
right-of-way, that makes the total amount of cover less than four (4')
feet or adds more than one (1') foot of cover, must be approved in
advance by Explorer Pipeline's Encroachment Project Engineer
(918) 493-5100 ext. 5172.
E) Encroaching party will be responsible for any future erosion repairs
due to its activities, or lack of proper erosion control measures,
which result in Explorer Pipeline having to relocate its pipeline or
take corrective measures to prevent its pipeline from becoming
exposed.
GENERAL REQUIREMENTS FOR BURIED LINE CROSSINGS
A) All buried lines crossing Explorer Pipeline right-of-way shall be
installed adhering to all applicable codes and requirements
governing such installations.
B) All buried lines crossing Explorer Pipeline's right-of-way must cross
on an angle that when measured between the proposed buried line
and Explorer Pipeline right-of-way is between 90 and 45 degrees.
This angle must be maintained across the entire width of the right-
of-way.
C) All buried lines crossing Explorer Pipeline's pipeline shall maintain a
minimum separation of 24 inches between the two lines, with the
same grade of depth carried across the entire right-of-way.
D) All buried lines should cross under the pipeline. However, should
the encroaching party be unable to comply with the 24" clearance
requirements due to obstructions or unfavorable soil conditions,
Explorer Pipeline's representative may approve special design and
construction.
E) Explorer's pipeline shall be exposed at encroaching party's expense
during all bored crossings where clearance between Explorer
Pipeline's line and proposed bore path is ten feet (10') or less. Upon
completing crossing, compact all disturbed backfill to a density
equal to or greater than surrounding soil.
F) No foreign appurtenances (meters, poles, drop boxes, collection
basins, etc.) shall be located within Explorer Pipeline's right-of-way.
G) Encroaching party shall furnish and install a six inch wide burial
warning tape, 12 to 18 inches above all non metallic lines and
extend across the entire width of Explorer Pipeline's right-of-way.
H) Where physically possible, signs shall be installed at each edge of
right-of-way by encroaching party to locate and identify owner, type
of service, and emergency phone numbers.
1) Encroaching party will be responsible for any future erosion repairs
due to its activities, or lack of proper erosion control measures,
which result in Explorer Pipeline having to relocate its pipeline or
take corrective measures to prevent its pipeline from becoming
exposed.
PARALLEL ENCROACHMENTS WITHIN EXPLORER PIPELINE'S
RIGHT-OF-WAY
A) The requirements for parallel encroachments within Explorer
Pipeline's right-of-way Will be determined by Explorer Pipeline's
Supervisor, Damage Prevention, (918) 493-5120.
1. EXCAVATION
EPL-331
Rev. VI 02/2013
A) Plans for any excavation on the right-of-way must be approved
before commencing work. Excavating closer than 12-18 inches to
the pipeline or cathodic protection (C.P.) wires shall be done by
hand until the pipeline and C.P. wires are exposed and shall be
done only with the approval and in the presence of an authorized
Explorer Pipeline representative. After Explorer Pipeline's pipeline
and C.P. wires have been exposed, the excavation equipment
should be positioned so that from the point of operations the
equipment will not reach within 18 inches of the pipeline or C.P.
wires.
B) If a backhoe is used, the bucket should be curled under each time it
is returned to the ditch and will have a plate covering all teeth to
reduce the chance of gouges or punctures to the pipe.
C) Any plowing or ripping of soil on the right-of-way, including
agricultural, at depths greater than 18 inches will be handled on a
case by case basis.
2. COMMUNICATION LINES (FIBER OPTIC, TELEPHONE, TV,
OTHER DATA LINES)
A) Shall meet all provisions GENERAL REQUIREMENTS — BURIED
LINE CROSSINGS,
B) For clearances less than 48" below Explorer Pipeline and for all
crossings over Explorer Pipeline, fiber optics shall be encased in
rigid steel conduit the full width of right-of-way. Directionally bored
installations will be evaluated on a case by case basis. _
3. POWER LINES (BURIED)
A) Shall meet all provisions GENERAL REQUIREMENTS — BURIED
LINE CROSSINGS.
B) Shall have minimum clearances between lines of 24 inches.
C) Shall be encased in steel conduit with a minimum of 6" of red
concrete on top of the conduit. Concrete may be omitted when
crossing under Explorer Pipeline's line and the following minimum
clearances are obtained: 48 inches between Explorer Pipeline's
pipeline and top of steel conduit or, 72 inches for bored installations
utilizing non -steel conduit.
D) In the event Explorer Pipeline allows a buried a power line to cross
over the pipeline, the steel conduit shall be the full width of the right-
of-way and centralized in a 12" minimum layer of red concrete.
E) Signs shall be placed at each edge of the right-of-way to mark the
underground cable angle and path of crossing. The signs are to be
furnished by the Power Company of the encroaching party.
4. POWER LINES (ABOVEGROUND)
A) Shall maintain a minimum of 25 feet of clearance above and
completely across the right-of-way.
B) Shall have no poles or appurtenances located on the right-of-way.
5. SEWER AND WATER LINES
A) Shall meet all provisions GENERAL REQUIREMENTS -BURIED
LINE CROSSINGS.
B) Septic tanks / drain fields are not permitted within the right-of-way.
6. METALLIC PIPE CROSSINGS
A) At Explorer Pipeline's discretion all metallic pipe crossing Explorer
Pipeline's pipeline shall have corrosion test leads installed on
Explorer Pipeline's pipeline and on the encroaching pipe at point(s)
of intersection and in cases of parallel encroachments at point(s)
mutually agreeable to both companies.
B) Explorer Pipeline personnel must install leads on Explorer Pipeline's
pipeline.
7. STREETS, ROADS, DRIVEWAYS AND RAILROADS
A) Unpaved residential driveways will be allowed provided there shall
be a minimum cover of 48" between the lowest point of road sub -
grade and top of Explorer Pipeline's pipeline.
B) An opportunity for Explorer Pipeline to make a pipe inspection must
be given at least 48 hours prior to the start of any construction.
C) Provisions A, C. D, & E of the GENERAL REQUIREMENTS FOR
Explorer Pipeline Pagel of 2
J&plomr
William J Sanders
Senior Attorney
29 October 2013
3D Development
4490 Castlegate Drive
College Station, T1 77845
P. O. Bo, 2650
Lulsa, OAlaho= 74101-2650
918-49.3-5160 direct dial
866-780-3598 facsimile
a,sanders mexpl.ean
attn: Wallace Phillips, IV
ref: Castlegate II Subdivision — Section 102 — W.S. Phillips Parkway Construction
Mr. Phillips:
In reference to your letter to Gabe Provencher of Explorer Pipeline dated 16 October,
whereupon you decline to participate in the cost of pipeline relocation, I offer the following:
You cited the easement. The easement reads "Grantor shall have the right to fully use and
enjoy said premises except as the same may be necessary for the purposes herein granted to the said
Grantee, or heretofore granted to Grantee under prior grants." This includes the right to develop
the land as long as it does not interfere with "the purposes herein granted to the said Grantee".
Building a road over top of the pipeline is not only unwise from a safety standpoint, but it certainly
interferes with the purposes granted to Explorer.
You cited Texas Health and Safety Code, 5756.121 et seq. That law is written to prevent
developers from ignoring petroleum pipelines in construction projects. It mandates obtaining
approval from the pipeline owner/operator, and payment of all costs by the developer. It does not
apply to construction done by a municipality on property owned by the municipality, inasmuch as
the municipality need not obtain the approval of the pipeline ownex/operator. The construction of
this Parkway is neither done by the municipality not on municipality property, notwithstanding your
intent post construction. Nonetheless, even if it were construction by the municipality on municipal
property, the municipality would still have to honor the easement and pay for the pipe relocation.
Per Texas Health and Safety Code §756.123, we hereby alert you that unless the pipeline is
relocated, the construction of your proposed street pavement, sidewalk and storm sewer will
increase the risk to the public and the pipe itself, and you are required to pay the reasonable,
necessary and documented cost of the relocation. Furthermore, should the toad constriction
continue without resolving this issue, we will seek injunctive relief per 5756.125.
3-13 Development
4490 Castlegate Drive
College Station, Texas 77845
October 16, 2013
Mr. Gabe Provencher, P.E.
Pipeline Engineer
Explorer Pipeline
6120 South Yale Avenue, Suite 1100
Tulsa, OK 74136
Re: Castlegate II Subdivision — Section 102 — W.S. Phillips Parkway Construction
Dear. Mr. Provencher:
This letter is our notification that 3-D Development will construct the proposed street
pavement, sidewalk, and storm sewer construction in accordance with the following the
drawings:
• Castlegate II Subdivision — Section 102, Sheet 1 of 11
• Castlegate II Subdivision —Section 102, Sheet 4 of 11
• Castlegate II Subdivision — Section 102, Sheet 7 of 11
• Castlegate II Subdivision — Section 102, Sheet 11 of 11
By Its express terms, the existing easement gives 3-0 Development the "right to fully use
and enjoy' the land. This Includes the right to develop the land as it desires. As the drawings
indicate, the proposed street pavement will be four feet (4') above the top of the pipeline, and
that depth is within the "plow depth" requirements of the easement. Thus the proposed
construction will not interfere with the Explorer Pipeline and satisfies the terms of the easement.
Further, as stated In the Texas Health and Safety Code (§756.121 — 756.126), the
provisions relating to construction affecting pipeline easements do not apply to construction on
municipal land. 3-0 Development is platting the land and dedicating the road way to the City of
College Station. The road will be constructed on municipal land in compliance with the City of
College Station's thoroughfare plan.
Because the existing pipeline easement permits the aforementioned construction and
because the construction will be on municipal land for a public purpose, 3-D Development will
not participate in the cost of any relocation of the existing Explorer Pipeline nor provide any
additional easements for Explorer Pipeline. 3-D Development will, however, allow Explorer a
reasonable period of time for Explorer to perform any reinforcement work that Explorer deems
to be appropriate.
Ltr to Explorer from 3-1) 10-16-13.docx Page 1
Please contact me If you have any questions or need any additional information.
Sincerely,
Wallace (Dusty) P fillips, IV
Manager, 3-D Development
cc: Scott Gibby — Explorer Pipeline
Joe Schultz, P.E. —Schultz Engineering LLC
Ltrto Explorer from 3-D 10-16-13.docx Page 2
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