UNDERGROUND PIPELINE RIGHT-OF-WAY UTILIZATION AGREEMENT
City of Clearwater
Higgins-Disston 115 KV HD-32
Northeast-Curlew 230 KV NC-53
ETS #20022671
UNDERGROUND PIPELINE
RIGHT-OF-WAY UTILIZATION AGREEMENT
THIS AGREEMENT, between FLORIDA POWER CORPORATION, a Florida corporation,
with its principal office located at 3300 Exchange Place, Lake Mary, Florida 32746, ("FP") and The
City of Cleanvater (APPLICANT), an incorporated Municipality, organized and existing under
laws of the State of Florida, and duly authorized to transact business in the State of Florida and
maintaining its principal office for the conduct of business in the State of Florida at 601 S.Myrtle
A~/e.Clearwater PI. 33756 5520City Hall, 112 South Osccola Avc., CJcarwatcLFL 33756.
WITNESSETH
WHEREAS, FP owns, operates and maintains electric transmission lines in Florida on both
easements and fee owned properties held by FP; and
WHEREAS, APPLICANT intends to construct, operate and maintain an underground
24" reelaiR reclaim water pipeline (herein after referred to as "Pipeline") in Pinellas County,
Florida and desires to construct, operate and maintain a portion of such pipeline facilities for a
single 12 24 inch diameter pipeline on electric transmission line easements and fee ovvncd
properties held by FP as more specifically described in Exhibit "A"; and
WHEREAS, the Pipeline includes, but is not limited to, line pipe, cathodic proLecLion
system, above ground items necessary for operating, maintaining and identifying the location of the
Pipeline, pipeline markers and other appurtenances necessary for a single 24" pipeline located in
the SE 1/4 of Section 7, Township 29 South, Range 16 East, being generally located between FP
Structure numbers HD-32 and HD-33; and
WHEREAS, FP is willing to permit, to the extent that it may do so lawfully, APPLICANT
to construct, operate, inspect, maintain, repair, remove and replace the Pipeline in the area
described in attached Exhibit "A" (The "Pipeline Utilization Area");
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
herein contained, FP and APPLICANT do hereby agree as follows:
1. PERMISSION TO USE RIGHT OF WAY. FP, to the extent that it may do so lawfully,
hereby grants to APPLICANT permission to access, construct, operate, inspect, maintain,
repair, remove, and replace the Pipeline Utilization Area shown on the attached Exhibit A. FP
will have the right to review for compatibility with FP's use of its properties APPLICANT's
proposed use of the Pipeline Utilization Area or other adjacent FP properties and approve any
and all parts, installations or facilities of the Pipeline located on FP property including the
Pipeline Utilization Area prior to and after the installation of the Pipeline, which approval shall
not be unreasonably withheld.
Page] of9
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The permISSIOn to use the Pipeline Utilization Area includes permISSIOn to use adjacent
portions of the FP easement and fee properties identified by FP as temporary workspace and
for ingress and egress to the Pipeline Utilization Area as necessary for construction.
maintenance, repair and replacement of the Pipeline during the term of this Agreement, (the
"Approved Temporary Workspace"). In the event that APPLICANT's facilities interfere with
FP's present or future use of the Pipeline Utilization Area APPLICANT agrees to relocate its
facilities within the Pipeline Utilization Area at its sole cost and expense. FP agrees to
coordinate the timing of such relocation of APPLICANT's facilities so such relocation will
not unreasonably interfere with APPLICANT's operation of its facilities.
In exchange for this permission, APPLICANT agrees to strictly comply with all the terms and
conditions of this Agreement and its attachments (as may be amended). which includes till'
Florida Power Corporation Non-Metallic Pipeline Collocation Guidelines dated December It).
2001, incorporated herein as EXHIBIT "B" and "C".
APPLICANT agrees to post clearly visible hazard notification warning signs within the
Pipeline Utilization Area which state "FP transmission rights of way contain high voltage
power lines. Extreme caution must be used when working in the right of way."
APPLICANT acknowledges that the use of the FP properties herein granted by FP is non-
exclusive. FP and others so authorized by FP may occupy, traverse or otherwise utilize any
portion of the FP properties, including that portion designated herein as the Pipeline Utilization
Area, provided that FP and/or others authorized by FP to utilize such FP properties will
comply with all applicable laws, rules and regulations and will not unreasonably interfere with
(APPLICANT's) occupation and utilization of the Pipeline Utilization Area,
2. TERM AND CONSIDERATION. This Agreement will become effective upon its
execution by the parties, delivery of a fully executed copy to APPLICANT, and payment by
APPLICANT to FP of the sum 01'$10.00 and other good and valuable consideration.
APPLICANT agrees to reimburse FP for all expenses associated with 1) the relocation of any
FP facilities necessitated by APPLICANT's utilization of the FP properties which are the
subject of this Agreement, and 2) all costs associated with any FP safety inspectors or crews
FP deems reasonably necessary during the construction, operation, or maintenance of the
Pipeline.
In further consideration of FP's permISSIOn to use this Pipeline Utilization Area.
APPLICANT agrees to give preferential consideration to any proposed FP use of
APPLICANT's existing or future right of way where required by FP to fulfill FP's own
service requirements. Any such permission by APPLICANT to FP will be granted under
substantially similar terms and conditions as are provided herein or otherwise as mutually
agreed.
3. REQUIRED PERMITS. LICENSES OR EASEMENTS. APPLICANT acknowledges
that the FP transmission line easements and fee owned properties contain property or lands in
which persons other than FP may own or control an interest over which FP may not have
Page 2 of9
lawful authority to permit the construction and maintenance of the Pipeline insofar as the rights
of such persons are concerned. APPLICANT will secure and maintain legally sufficient
easements, permits, or licenses from all owners of property upon which the Pipeline Utilization
Area or Approved Temporary Construction Area may be located as necessary to construct,
operate, and maintain the Pipeline. Upon reasonable request by FP, APPLICANT will provide
to FP copies of any and all such easements, permits, or licenses authorizing APPLICANT's
use of the Pipeline Utilization Area.
APPLICANT will comply with all applicable federal, state and local laws, rules and
regulations with respect to the use of any FP owned properties. APPLICANT will secure and
maintain all permits, licenses and/or approvals from all federal, state and local entities or
agencies necessary to the construction, operation and maintenance of the Pipeline. FP agrees
to cooperate with APPLICANT in any application process for such necessary permits,
licenses and/or approvals.
4. DAMAGE AND REPORTS. Each party will exercise all reasonable precautions to avoid
damage to the FP easements and fee owned properties, the Pipeline and the facilities of FP and
of others located on the FP easements and fee owned properties. APPLICANT or FP, will
make an immediate report to other Party's nearest local office of the occurrence of any such
damage to FP's or APPLICANT's facilities. APPLICANT hereby agrees to reimburse FP for
all expenses incurred in making repairs to FP facilities or properties for any and all loss on
account of any such damage arising out of or resulting from the construction, operation,
inspection, maintenance, repair, removal, and replacement of the Pipeline, except when caused
by the sole negligence of FP, its employees, agents, contractors, representatives or other
persons engaged in FP's activities. FP hereby agrees to reimburse APPLICANT for all
expenses incurred in making repairs to APPLICANT's facilities or properties for any and all
loss on account of any such damage arising out of or resulting from the construction, operation,
inspection, maintenance, repair, removal, and replacement of the FP facilities located on the
FP owned properties described by this Agreement, except when caused by the sole negligence
of APPLICANT, its employees, agents, contractors, representatives or other persons engaged
in APPLICANT's activities.
APPLICANT will assume the sole duty, responsibility and obligation to restore the entire
disturbed area within the FP easements and fee owned properties used by APPLICANT,
including FP's patrol roads and the berms existing on the FP fee owned properties, to a
condition reasonably as good as that which existed prior to APPLICANT's disturbance of the
area. Nothing herein contained will be construed to compel FP to maintain the FP right of way
except as needed for its own service requirements.
5. INSPECTION. That FP shall have the right, at any time to inspect the Pipeline Utilization
Area and APPLICANT's activities thereon. Provided, however, APPLICANT and its
contractors expressly acknowledge and agree that any such inspection shall be solely for the
benefit of FP. APPLICANT and its contractors expressly acknowledge and agree that FP
shall have no legal duty to any persons or entities to provide a safe place for APPLICANT to
conduct its activities on the Pipeline Utilization Area or to provide a safe place to work or to
provide any warnings of any kind. APPLICANT and its contractors shall continuously
inspect and review site conditions on the Pipeline Utilization Area and work procedures to
Page 3 of9
assure the Pipeline Utilization Area is a safe place to work.
6. LIMITATIONS OF LIABILITY. FP reserves to itself, its successors and assigns, the right
to construct, maintain, renew and operate its facilities over, under and upon all properties or
easements held by FP in such manner as to enable it to fulfill its own service requirements.
However, FP will accomplish such activities in a manner that will not interfere with the safe
operation of the Pipeline. Similarly, APPLICANT will not interfere with the safe operation of
the FP facilities. Neither APPLICANT nor FP will be liable to the other Party for any
temporary interruption of services which may be caused by the presence, operation,
maintenance, breakdown or alterations of, or additions to, the lines and facilities of either FP or
APPLICANT. FP and APPLICANT specifically release any claims against the other Party
for any consequential damages, which result from APPLICANT's or FP's use of the FP fee
owned properties or easements.
7. INDEMNIFICATION AND INSURANCE.
A. As to any claims arising on the FP fee owned properties or easements occasioned or caused
by any third party damaging the Pipeline or any of APPLICANT's operations thereon,
APPLICANT hereby expressly and specifically assumes all risks and agrees to indemnify
and hold FP harmless from and against any and all claims, costs, expenses, damages,
actions and causes of action, including without limitation reasonable attorney fees,
resulting directly or indirectly, in whole or in part, from such third party's act or claim,
except when directly caused by the sole negligence of FP, its employees, agents,
contractors, representatives or other persons engaged in FP's activities up to a total limit of
five million dollars ($5,000,000). APPLICANT agrees to immediately report such
incidents to FP. As part of the above indemnity, APPLICANT will further indemnify,
protect and save harmless FP from and against any and all claims and demands for
damages to property, and injury or death to persons, including payments made under any
Worker's Compensation law or under any plan for employee's disability or death benefits,
which may arise out of or be caused by third party actions affecting the construction,
maintenance, presence, use, removal or abandonment of the Pipeline or by the proximity of
the Pipeline to facilities of FP or of others using the FP properties, or caused by any act or
acts of APPLICANT or its agents on or in the vicinity ofFP's facilities, and for an)' and all
costs or expenses (including without limitation reasonable attorney's tees) incurred by FP
by reason of any such claim or demand, except when directly caused by the sole negligence
of FP, its employees, agents, contractors, representatives or other person engaged in FP's
activities up to the same five million dollar ($5,000,000) limit.
B. Other than the above stated indemnification, APPLICANT and FP, will each be
responsible for their respective operations on the FP properties and will each indemnify
and hold the other harmless from such respective operations, except to the extent of the
negligence attributable to either in a court of law or as may be agreed upon between the
Parties. In no event shall FP or APPLICANT be responsible or liable for any
consequential damages arising from the other's operations on the FP owned properties or
easements.
C. APPLICANT will secure and maintain and will require all of its contractors to secure and
Page 4 of9
maintain all insurance required herein and in Exhibit "B" to this agreement in a form and
amount acceptable to FP in FP's sole discretion insuring against all risks to all persons or
entities which may sustain property damage or personal injury as a result of the combined
acts and omissions of the APPLICANT, its contractors, or FP which may be related in any
way to APPLICANT's use of the Pipeline Utilization Area. FP shall be named as an
additional insured on all such insurance policies. APPLICANT and its contractors will
have the insurance policies mentioned endorsed by their insurance carrier to provide blanket
contractual coverage expressly with respect to the above, to full limits of and for the
liabilities insured under said policies. Prior to commencing initial construction activities
within the Pipeline Utilization Area APPLICANT will furnish FP with a complete
certificate, in duplicate, on the attached Modified Form 908 404 (S) evidencing insurance
coverage of the liability assumed above.
APPLICANT may satisfy this requirement by providing to FP a Certificate of Self..
Insurance in a form and amount acceptable to FP in FP's sole discretion or other form of
security mutually agreed to by APPLICANT and FP.
8. TERMNATION. If APPLICANT materially fails to comply with any of the provisions of this
Agreement or defaults in any of its obligations hereunder, and fails within sixty (60) days after
written notice from FP to correct such default or non-compliance, FP may at its option correct
any such defective performance hereunder and invoice APPLICANT for all expenses incurred
by FP in such correction, or terminate this Agreement. In the event that APPLlCA!\IT h~\
notified FP in writing that correction of such default or non-compliance cannot reasonably be
accomplished within such sixty (60) day period, and APPLICANT demonstrates to FP's
reasonable satisfaction that APPLICANT is diligently completing correction of such default or
non-compliance, FP may extend such sixty (60) day period.
Upon termination of this Agreement, and after approval authority to abandon the Pipeline and
related facilities has been granted by all regulatory agencies, APPLICANT at
APPLICANT's sole expense, will cease use of and remove the Pipeline from the FP
easements and fee owned properties in a manner consistent with all applicable federal, state
and local laws and regulations. Concurrently with said removal APPLICANT. at
APPLICANT's sole expense, will restore the affected portion of the FP properties to a
condition reasonably identical to that which existed prior to APPLICANT's utilization of FP's
properties. If APPLICANT fails to remove the Pipeline and/or restore FP's properties, then
FP will have the right to remove all or portions of such Pipeline and/or restore the FP Right-of-
Way at APPLICANT's expense and without any liability for such removal or restoration. Tn
the event that FP terminates this Agreement under this Section, APPLICANT will not be
entitled to any refund of any amounts paid or due to FP by APPLICANT pursuant to this
Agreement.
9. NON-WAIVER OF TERMS. Failure to enforce or insist upon compliance with any of the
terms or conditions of this Agreement shall not constitute a general waiver or relinquishment
of any such terms or conditions, but the same will be and remain at all times in full force and
effect.
10. OTHER PERMITEES. Nothing herein will be construed to affect in any maImer any rights
Page 5 of9
or privileges previously conferred by FP, by contract or otherwise, to others to use the FP
owned properties described by this Agreement, and FP will have the right to continue and
extend such rights and privileges. Upon request by APPLICANT, FP will provide copies of
all such contracts and arrangements. The privileges herein granted will at all times be subject
to such existing contracts and arrangements, including any renewals or extensions thereof. The
privileges herein granted will be non-exclusive, and FP shall have the right in its sole
discretion to grant privileges of any sort to any person, firm or corporation, provided such grant
will not unreasonably interfere with APPLICANT's utilization of the FP properties or
APPLICANT's safe operation and maintenance of the Pipeline under this Agreement.
11. ASSIGNABILITY. APPLICANT will not assign, transfer or sublet the privileges hereby
granted without the prior consent in writing from FP, which consent will not be unreasonably
withheld. Transfer of this Agreement to any APPLICANT affiliate, including any partnership
in which APPLICANT or its parent company has a majority interest, with the financial and
legal ability to satisfy the terms and conditions of this Agreement will not be deemed an
assignment hereunder. Any APPLICANT affiliate or partnership receiving such a transfer of
rights must accept all terms and conditions of the Agreement and notify FP of such transfer
and acceptance in writing.
12. SUCCESSORS AND ASSIGNS. Subject to the proVISiOn of Section 10 hereof, the
Agreement will extend to and bind the successors and assigns of the parties hereto.
13. GOVERNING LAW. This Agreement and each of its provisions shall be governed by and
construed in accordance with the laws of the State of Florida.
14. SEVERABILITY. The provisions of this Agreement are intended to be severable, and the
invalidity or unenforceability of any provision will in no mam1er affect the validity or
enforceability of any other provision.
15. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of
which will be deemed an original, but all of which together shall constitute but one and the
same Agreement.
16. ACKNOWLEDGMENT OF ENCUMBRANCE. Uses allowed herein constitute an
encumbrance on FP's easements and fee owned properties, and the stated consideration
compensates for that encumbrance, as well as for additional benefits realized by APPLICANT
in occupying said properties.
Page 6 of9
17. NOTICES. Any notice or demand required under this Agreement or by law, will be in writing
and will be deemed to have been delivered upon hand delivery or five (5) days following the
mailing of such notice by Certified Mail Return Receipt Requested, and addressed to the
following:
FP:
Florida Power Corporation
Attention: Encroachment Agent
4121 St. Lawrence Dr. 7S13
New Port Richey, FL. 34653
APPLICANT:
City of Clearwater
100 S. Myrtle Ave.
Clearwater, FL. 33756-5520
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
by their respective officers thereunto duly authorized on the dates indicated below:
FLORIDA POWER CORPORATION
ATTEST:
By: ~,,~~J BY:_/ ~j IL,~_
WItness ~o~.:...- -S. {T\~~ ~gers ~
By: \. 'b t'nClc""la.l t.. l:\~ Title: Vice President, Transmission &
W1tDess Te..m 0. H, ~. ~.... \\ RTO Development
Dated this I ( -t:b.- day of ~, 200ft.~
ATTEST:
By:
Witness
By:
By:
Witness
Title:
Dated this
day of
, 2002.
Page 7 of9
STATE OF FLORIDA
)
)ss.
)
COUNTY OF SEMINOLE
LtL
The foregoing instrument was acknowledged before me this { I day of
~l\ ., 20~, by Sarah S. Rogers as Vice President of FLORIDA
PO R CORPORATION, a Flonda pnvate corporatiOn on behalf of the corporatiOn. She
personally appeared before me at the time of notarization, and is personally known to me.
SONJA S. MCCREARY
'.,:\ My Comm. Exp. 315105
~ .' ~:.:J , L No,CC~
'~.o:..;,.~ Y1 Personally Known ( ) Ohlr 1.0.
~~~,~~~
Notary Public D
My Commission Expires: ...3 --S:-.-o:::;-
STATE OF FLORIDA
)
)ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2002, by as of
, a Corporation, organized and
existing under the laws of the State of , on behalf of the Corporation. He/She
personally appeared before me at the time of notarization, and is personally known to me.
Notary Public
Notary Commission Expires
Page 80f9
Signature page for City of Clearwater for
Underground Pipeline Right-of-Way Utilization Agreement
ETS #20022671
Countersigned:
Approved as to form:
hiP~
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By ~.~ ~....::a. ~"".A;:lt'
William B. Horne II
City Manager
Attest:
.~. J1.-~OL~.
ia E. Goudeau
lerk
EXIllBIT "A"
TO THAT CERTAIN UNDERGROUND PIPELINE
RIGHT-OF-WAY UTILIZATION AGREEMENT
BETWEEN
FLORIDA POWER CORPORATION
AND
APPUCANT
DATED
II-rJ~~11
,200/ .5
See drawings Attached,
attached hereto and by this reference made a part hereof.
Page 9 of9
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DREW AND UNION STREETS RCW SYSTEM
AERIAL MAP
CITY OF CLEARWATER
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Clearwater, City of
Higgins-Disston (Double Circuit) 115 KV HD-32
ETS ##10022671
EXHIBIT "B"
~fEC!E!C REQ!l!REMENI~
for
InstaUation of Reclaim Water Main
1. That other than LICENSOR's facilities, no overhead wires, poles light standards, dumpsters,
signs, trees, buildings, structures or obstacles shall be located, constructed or installed within the
License Area without written approval by LICENSOR.
2. This area contains high vohage power lines. Extreme caution must be used when working within the
License Area. ( RESTRICED TO LOW PROFILE VECHILES. NO BOOM TYPE>
3. Florida Power Corporation's fee simple owned right of way shall not be used to satisfY wetland
mitigation requirements.
4. That LICENSEE is responsible for performing an endangered/threatened species study prior to
alteration of terrain.
5. That LICENSEE shall plant no Jandscaping within FP's fee simple owned right-of-way.
6. That pole protection be provided for Structure No. HD-32 because the utilization is located
within twenty-five feet (25') of this structure. LICENSEE shall provide and install traffic barriers
as specified by LICENSOR's field representati
7. That all excavations for LICENSEE's utilization shall be a minimum of fifty feet (50') from the
nearest edge of FP's transmission structure and a minimum of thirty feet (30') from guying.
8. That any sprinkling system which may be installed by LICENSEE within the License Area shall
spray no closer that twenty-five feet (25') from the nearest edge of LICENSOR's structures or
guying and to a maximum height often feet (10').
9. That any and all piping and/or culverts (cables) installed by LICENSEE within the License Area
shall have sufficient earth cover to prevent breakage due to the operation of LICENSOR's
vehicles and heavy equipment within the right-of-way.
10. That no below ground grade drainage or facilities be installed by LICENSEE within the License
Area without LICENSOR's review and written approval.
11. That LICENSEE shall not install cathodic protective devices without first notifying LICENSOR's
Material Technology Engineer, (i.e., Alvan L. Hite, or his designated alternate, telephone
9041795-4811, Ext. 253, Crystal River).
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12. That LICENSEE agrees to furnish and install pennanent markers showing the location of the
underground facilities within the License Area. Said markers shall be LICENSEE's responsibility
at all times,
13. That LICENSEE agrees that no refueling operations take place within the right-of-way.
14. That no parking or storage shall occur within 30 feet (thirty") ofFP's structures.
15. That all parked vehicles within the License Area shall be motor vehicles of an operative and
transient nature; mobile homes, office trailers or carriers of explosive materials are prohibited.
16. That LICENSEE shall notifY LICENSOR's representative of Transmission Underground (i.e.,
Paul T. White or his designated alternate, telephone 727/893-9240, St. Petersburg) at least forty-
eight (48) hours prior to LICENSEE's perfor!I1ing any excavation within the License Area in
order that LICENSOR may arrange for an authorized representative to be on site to assist in
establishing the existing location of LICENSOR's underground cable(s) and to observe all
excavation activities in proximity to said cable(s) within the License Area.
17. That LICENSOR shall make special note of FP's Hot Oil Pipeline Collocation Guidelines
attached hereto as Exhibit "e", and by this reference, incorporated herein and made a part
hereof, and GRANTEE shall comply fully with said Guidelines.
18. That LICENSEE shall notify LICENSOR's representative for Underground Fuel Oil Pipeline
(i.e., Bob Case or his designated alternate, telephone 352/424-0561) at least forty-eight (48)
hours prior to LICENSEE's performing any excavation within LICENSOR's right-ot:way
easement strip in order that LICENSOR may arrange for an authorized representative to be on
site to assist in establishing the existing location of LICENSOR's underground fuel oil pipeline
and to observe all excavation activities in proximity to said pipeline within LICENSOR's right~of-
way.
APPROVED BY
TRANSMISSION LINE ENGINEERING
? OL
Signature: (,'r~...~ .,,--"
Name:"- f3C\r f W l, :'h:..
Date: ---il.J- 3/ 0 ~
EXHmIT "8"
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The City of Clearwater
Higgins-Disston 115 KV HD32
Northeast- Curlew 230 KV NC-53
ETS #20022671
EXIDBIT "c"
GUIDELINES FOR CONSTRUCTION CROSSING OF THE BIA HOT OIL
PIPELINE
The Progress Energy Florida, Inc.-Bartow to Anclote Thermal insuloJed oil transport
line has been installed and is operated in compliance with Title 49-Part195 Federal
DOT Transportation of Liquids by pipeline. The line is 14" in diameter coated and
insulatedfor a total outside diameter of 17.5".
1. Buried Structures - Crossing Situations
The minimum clearances required for crossing situations of the BfA oil line and proposed other
lines or structures follows:
a. Maintain 12 inches of clearance between the oil line and other pipes or structures being
buried and crossing the line.
b. When 12 inches of clearance is not practical; provisions can be negotiated with Progress
Energy Florida, Inc. for a substitution of the soil barrier with an approved barrier.
c. Contact Luis Gonzalez, (727) 827-6276, (48) hours prior to construction. A representative
of PEF must be present during any excavation, drilling, boring etc. and to inspect any
crossings or installations that are made.
2. Buried Structures - Paralleling Structures
There are two standards of acceptability for paralleling situations:
a. Progress Energy Florida, Inc. RO. W., easements and other controlled areas.
1. All paralleling of buried structures and other pipes to the BfA oil line must maintain a
minimum of three (3) feet surface to surface clearance.
b. All paralleling situations outside the control of the Progress Energy Florida, Inc, should
request the minimum three (3) feet surface to surface clearance.
3. Minimum Soil Cover Over BfA Oil Line
The minimum soil cover requirements at any location along this Bartow to Anclote oil pipe line
has been established to be 48 inches, as referenced from top of the pipe to ground level, road bed,
river bottom, drain ditch bottom, etc. Any variance in this minimum protective soil cover must be
negotiated with and approved by the Progress Energy Florida, Inc..
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4. Roadways
Roadways of the oil pipeline must be cased and vented from RO. W. line to RO. W. line.
Driveways which can be closed to allow for maintenance on the pipeline will not normally be
required to provide casing, but will be required to comply with item 3 above.
Note: Actual casing requirements will be determined by conditions at location of the crossing.
5. Building. Structures. Retention Ponds. Wells. Fences
a. All structures, building retention ponds or wells, must maintain a minimum of fifteen (15)
feet from BfA oil pipeline centerline. If existing foundation, retention ponds or wells are
closer than fifteen (15) feet, designate them as existing and submit information to PEF on
design drawings. For retention ponds, the fifteen- (15) foot requirement applies from the top
of bank to centerline of pipe.
b. Fencing should be constructed in a way that poles straddle either side of line. The fence
shall be grounded. Grounding rods shall be 15 feet away from the BfA oil pipeline.
6. Construction Equipment
Equipment or material used in construction activities must not be parked or stored within ten
(10) feet of the BfA oil pipeline centerline.
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