Free Settlement Agreement - District Court of Colorado - Colorado

Case 1:02-cv-01841-MSK-MJW

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Attachment 2

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GAS PIPELINE EASEMENTS CROSSING PROTOCOLS JANUARY 2007

The within Gas Pipeline Easements Crossing Protocols establish the process and procedures to be followed when traversing the Gas Pipeline Easements with Light Trucks and/or Heavy Equipment. I. Defined Terms 1. For the purposes of the within protocols the following terms are defined as set forth herein: A. The term "Animas-La Plata Project" means the federal project located in southwest Colorado and northwest New Mexico, consisting of, among other facilities, Ridges Basin Dam and associated Lake Nighthorse. B. The term "Bureau of Reclamation" means the Bureau of Reclamation, United States Department of the Interior. C . The term "CDOW Condemnation" means the civil action entitled United States v. 117.54 Acres, et al., Civil Action No. 02-cv-01841-MSKMJW, United States District Court for the District of Colorado. D. The term "Designated Crossing Points" means the five (5) crossing points designated and agreed to by and among the Bureau of Reclamation, the State of Colorado, Northwest Pipeline Corporation, and Mid-America Pipeline Company, LLC, as identified in Exhibit 2A attached hereto.

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E. The term "Mid-America Pipelines" means the gas pipelines owned by Mid-America Pipeline Company, LLC, buried in the Gas Pipeline Easements. F. The term "Light Truck" means a vehicle with a live load of less than 4,000 pounds per axle. The definition of a "Light Truck" includes most 3/4 ton and 1 ton pickup trucks field equipped. G. The term "Heavy Equipment" means vehicles, trucks and/or equipment heavier than a Light Truck as defined herein. H. The term "Gas Pipelines" means the pipelines owned by Northwest Pipeline Corporation and owned by Mid-America Pipeline Company, LLC, that have been relocated for the purpose of constructing part of the Animas-La Plata Project. I. The term "Gas Pipeline Easements" means the perpetual easements consisting of 59.75 acres, more or less, and more particularly described as Parcel RBR-12A(P), Parcel RBR-12A-1(P), Parcel RBR-12A-2(P), Parcel RBR-12A-3(P), Parcel RBR-12A-4(P), Parcel RBR-12A-5(P), Parcel RBR-12B(P), and Parcel RBR-12B-4(P) in the Third Amended Schedule B and delineated in the maps in the Third Amended Schedule C attached to the Third Amended Declaration of Taking filed in the CDOW Condemnation.

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J. The term "Northwest Pipeline" means the 26-inch gas pipeline owned by Northwest Pipeline Corporation buried in the Gas Pipeline Easements. K. The term "State of Colorado" means the State of Colorado, its agencies, divisions, various subparts, employees, agents, contractors, successors, and/or assigns. II. Northwest Pipeline Corporation Pipeline 2. Northwest Pipeline Corporation, and its successors-in-interest, shall be responsible for maintaining the cover over the Northwest Pipeline at the as-constructed depth. 3. The Northwest Pipeline may be crossed on an intermittent basis at any location along the entire length of the Gas Pipeline Easements with a Light Truck assuming that the cover over the Northwest Pipeline has remained at the as-constructed depth and has not deteriorated because of weather or other causes. 4. For the safety and well-being of individuals, equipment, and facilities, including the Northwest Pipeline, the State of Colorado is encouraged to contact Northwest Pipeline Corporation, prior to traversing the Gas Pipeline Easements with a light truck, in order that Northwest Pipeline Corporation may evaluate the proposed crossing point(s) and thereafter advise the State of Colorado concerning the condition of the proposed crossing point(s). 5. If the State of Colorado desires to traverse the Gas Pipeline Easements, at one or more of the Designated Crossing Points with Heavy Equipment, the State of

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Colorado shall contact Northwest Pipeline Corporation and advise Northwest Pipeline Corporation concerning the Designated Crossing Point(s) it desires to traverse and the specification(s) of the Heavy Equipment unit(s) that will be crossing the Designated Crossing Point(s). Thereafter, Northwest Pipeline Corporation shall, within a reasonable time thereafter, evaluate the proposed Designated Crossing Point(s) and shall, within a reasonable time thereafter, advise the State of Colorado concerning the remedial measures, if any, reasonably required to allow the specific Heavy Equipment unit(s) to safely traverse the Designated Crossing Point(s). 6. If remedial measures are required to allow a specific Heavy Equipment unit(s) to traverse the Northwest Pipeline at a Designated Crossing Point(s), the State of Colorado shall be responsible for bearing the costs of such remedial measures, but only to the extent that the remedial measures are required to exceed the as-constructed depth of the Northwest Pipeline in order to accommodate the Heavy Equipment unit(s). III. Mid-America Pipeline Company, LLC 7. Mid-America Pipeline Company, LLC, shall be responsible for maintaining the cover over the Mid-America Pipelines at the as-constructed depth. 8. The Mid-America Pipelines may be crossed on an intermittent basis at any location along the entire length of the Gas Pipeline Easements with a Light Truck assuming that the cover over the Mid-America Pipelines has remained at the as-constructed depth and has not deteriorated because of weather or other causes. 9. For the safety and well-being of individuals, equipment, and facilities,

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including the Mid-America Pipelines, the State of Colorado is encouraged to contact Mid-America Pipeline Company, LLC, prior to traversing the Gas Pipeline Easements with a light truck, in order that Mid-America Pipeline Company, LLC, may evaluate the proposed crossing point(s) and thereafter advise the State of Colorado concerning the condition of the proposed crossing point(s). 10. If the State of Colorado desires to traverse the Gas Pipeline Easements, at one or more of the Designated Crossing Points with Heavy Equipment, the State of Colorado shall contact Mid-America Pipeline Company, LLC, and advise Mid-America Pipeline Company, LLC, concerning the Designated Crossing Point(s) it desires to traverse and the specification(s) of the Heavy Equipment unit(s) that will be crossing the Designated Crossing Point(s). Thereafter, Mid-America Pipeline Company, LLC, shall, within a reasonable time thereafter, evaluate the proposed Designated Crossing Point(s) and shall, within a reasonable time thereafter, advise the State of Colorado concerning the remedial measures, if any, reasonably required to allow the specific Heavy Equipment unit(s) to safely traverse the Designated Crossing Point(s). 11. If remedial measures are required to allow a specific Heavy Equipment unit(s) to traverse the Mid-America Pipelines at a Designated Crossing Point(s), the State of Colorado shall be responsible for bearing the costs of such remedial measures, but only to the extent that the remedial measures are required to exceed the asconstructed depth of the Mid-America Pipelines in order to accommodate the Heavy Equipment unit(s).

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NORTHWEST PIPELINE CORPORATION

s/Scott Patterson SCOTT PATTERSON

MID-AMERICA PIPELINE COMPANY, LLC

s/Alan D. Wurtz ALAN D. WURTZ Attorney in Fact

JOHN W. SUTHERS Attorney General State of Colorado

s/Timothy J. Monahan TIMOTHY J. MONAHAN Assistant Attorney General Natural Resources 1525 Sherman Street 5th Floor Denver, CO 80203 Telephone: (303) 866-5861 Fax: (303) 866-3558 E-Mail: [email protected]

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EXHIBIT 2A
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