transcanada keystone pipeline...

TRANSCANADA KEYSTONE PIPELINE LP

April 16, 2009

Brett KoeneckeMay; Adam, Gerdes &Thompson, LLPPOBox 160Pierre, SD 57501

NON-ENVIRONMENTAL PERMITS FOR SOUTH DAKOTA QUARTERLY REPORT

Enclosed is one set of Non -Environmental Permits received from state and local governments inthe First Quarter, ending March 31, 2009. The permits are being submitted to you for filing aspart of the Public Utilities Commission Permit requirements for the Keystone Pipeline.

If you have any questions or need clarification on anything, please contact at the address orphone number listed below:

Kerwin KostadPermit Coordinator7509 NW Tiffany Springs ParkwayNorthpointe Circle II, Suite 200Kansas City, MO 64153

Telephone: 816-880-4609 Ext 133E-Mail: [email protected]

Thank you for your assistance in seeing the permits being filed.

~dOKerwin KostadPermit Coordinator

Enclosure:

SOUTH DAKOTA ENERGY FACILITY PERMIT ACT BOND

Bond No.: SN4247Bond Amount: $12,000,000.00

TransCanada Keystone Pipeline, LP as Principal (the "Principal") and Travelers Casualty and Surety Companyof America a corporation created and existing under the laws of Connecticut as Surety (the "Surety"), are held andfirmly bound unto the South Dakota Public Utilities Commission ("PUC") and those townships, counties, or othergovernmental entities in South Dakota whose property is crossed by the pipeline referenced herein, as Obligees(individually referred to herein as "Obligee" and collectively referred to as the "Obligees") in the amount of --TwelveMillion and-00/100 Dollars ($12,000,000.00) lawful money of the United States for the payment of which sum thePrincipal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly andseverally.

WHEREAS:

A. the Principal is undertaking a pipeline project known as the Keystone Pipeline Project;

B. the PUC has approved the Principal's application for the South Dakota portion (the "Project") of the KeystonePipeline Project;

C. the Principal has been granted the necessary permits by the PUC to carry out the Project;

D. Chapter 49-41 B-38 of the South Dakota Energy Facility Permit Act requires the Principal to provide the PUCwith a bond to ensure the Principal complies with its obligation to ensure that any damage to roads andbridges (beyond normal wear) as a result of the Project is repaired;

Therefore, the condition of this obligation is such that if the Principal shall repair any damage beyond normal wear topublic roads, highways, bridges or other related facilities caused by the Principal during the construction of the Project(the "Damage") then this obligation shall be void; otherwise to remain in full force and effect, subject to the followingconditions:

1. In the event the Principal fails to repair any Damage within a reasonable period of time after an Obligeehas made written demand on the Principal to repair such Damage (a "Default"), such Obligee shall notifythe Surety in writing prior to the expiration of the term of this Bond as defined in paragraph 6.

2. Following a Default and written notice thereof to the Surety by an Obligee, the Surety shall pay to suchObligee the actual cost of repairing the Damage, not to exceed the Bond Amount.

3. Regardless of the number of Obligees hereunder, in no event shall the aggregate liability of the Suretyhereunder exceed the Bond Amount.

4. No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than theObligees named herein.

5. It is a condition of this Bond that any suit or action hereunder must be commenced before the expirationof two (2) years from the date the Obligee's cause of action hereunder has accrued.

6. This Bond shall remain in effect until released by the PUC in accordance with Condition 31 (e) of thepermit for the Project and shall not be cancelled by the Surety prior to such time.

7. For the purpose of providing any notice required pursuant to this Bond, the addresses of the Principal, theSurety and the PUC are as follows:

TransCanada Keystone Pipeline, LP:7509 Tiffany Springs ParkwayNorthpointe Circle II, Suite 200Kansas City, MO 64153

Travelers Casualty and Surety Company of AmericaOne Tower SquareHartford, Connecticut 06183

South Dakota Public Utilities CommissionCapitol Building 1st

, Floor500 East Capitol AvenuePierre, South Dakota 57501-5070

IN WITNESS WHEREOF, the Principal and the Surety have Signed and Sealed this Bond the 27 day of February inthe year 2009.

TransCanada Keystone Pipeline LP, by itsGeneral Partner, TransCanada Keystone Pipeline, GP, LLC

k ~.<t0i Vi ~ fd».' ,Lf"

Trav lers ~f'U.. 'aity and Surety Company of Americao>~LWS'Lois Innes Attorney-In-Fact

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TRAVELERSJPOWER OF ATTORNEY

Farmington Casualty CompanyFidelity and Guaranty Insurance CompanyFidelity and Guaranty Insurance Underwriters, Inc.Seaboard Surety CompanySt. Paul Fire and Marine Insurance Company

St. Paul Guardian Insurance CompanySt. Paul Mercury Insurance CompanyTravelers Casualty and Surety CompanyTravelers Casualty and Surety Company of AmericaUnited States Fidelity and Guaranty Company

Attorney-In Fact No. 219252 Certificate No. 002030098KNOW ALL MEN BY THESE PRESENTS: That Seaboru'd Surety Company is a corporation duly organized under the laws of the State of New York. that St. PaulFire and Marine Insurance Company. St. Paul Guardian Insurance Company and Sl. Paul Mercury Insurance Company are corporations duly organized under the lawsof the State of Minnesota. that Farmington Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of AmeJica arecorporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under thelaws of the State of Maryland. that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity andGuaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and thatthe Companies do herehy make. constitute and appoint

Deb Stanton, Mark Shaul, Murray Epp, Tim Gale, and Lois Innes

of the City of Calgary, Alberta . State of Canada , their true and lawful Attorney(s)-in-Fact.

each in their separate capacity if more than one is named above, to sign. execute. seal and acknowledge any and all bonds, recognizances, conditional undertakings andother writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance ofcontracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

26thIN WITNESS WHEREOF, the COmlllUl,i.I:::; have caused this instrument to be signed and their corporate seals to be hereto affixed. this _

October 'LUU Iday 01' _

Farmington Casualty CompanyFidelity and Guaranty Insurance CompanyFidelity and Guaranty Insurance Underwriters, Inc.Seaboard Surety CompanySt. Paul Fire and Marine Insurance Company

St. Paul Guardian Insurance CompanySt. Paul Mercury Insurance CompanyTravelers Casualty and Surety CompanyTravelers Casualty and Surety Company of AmericaUnited States Fidelity and Guaranty Company

State of ConnecticutCity of Hartford ss.

By:

26th October 2007 . I .On this the day of . before me personally appeared George W. Thompson, who acknowledged hlmse fto be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc .•Seaboard Surety Comrany. St. Paul Fire and Marine Insurance Comrany, St. Paul Guardian Insurance, Company, St. Paul Mercul'y Insurance Company, TravelersCasualty and Surety Cnmpany. Travelers Casualty and Surety Comrany of America. and United States Fidelity and Guaranty Company. and that he, as such, heingauthorized so to do. executed the foregoing instrument for the rurposes therein contained by signing on hehalf of the corporations by himself as a duly authorized officer.

'" Marie C. Tetreault. Notary PublicIn Witness Whereof, I hel'eunto set my hand and oflicial seal.My Commission expires the 30th day of June, 20 I I.

58440-5-07 Printed in U.S.A.

WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER

SO EForm - 0933 V2DOT - 295 05105 SOUTH DAKOTA DEPARTNlENT OF TRANSPORTATION

APPLICATION FOR PERMIT TO OCCUPY RIGHT-OF-WAY

Highway No. US 81 County YANKTON Approximately 1.00 Miles N0sQDwDFrom END OF DIVIDED 81 OR306TH RD Section 7 & 18 Township 94 N Range 55 W

(City orwell defi';:.ne::::d~lD~lo:.!:in~t)!.-- ..,

UTILIZE EXISTING DRIVEWAY APPROACH TO PROVIDE ACCESS TO PIPELINE LOCATED EAST OF US 81Description of occupancy: TRUCK TRAFFIC WILL BE EXITING AND ENTERING US 81 AT THIS LOCATION SEE ATTACHED AERIAL MAP

Purpose of occupancy: PROVIDE KEYSTONE PIPELINE CONTRACTOR ACCESS FOR TRUCKS ENTERING OR EXITNG US 81. NOWORK TO BE DONE IN STATE ROAD ROW

Duration ofoccupancy: PERl'vlANENT

If temporary, give the estimated date 12/31/2009of removal or completion:

o TEMPORARY

I, the undersigned, request permission to occupy public right-of-way at the above location and as shown on the attached layout sheet. Inconsideration for this permission, I agree to abide by all conditions as herein stated.

1. To furnish all materials, labor, incidentals and pay all costs involved with this occupancy including restoration of any damage to theroadway and right-of-way to equal or better conditions than existed prior to the occupancy covered by this permit.

2. To provide protection to highway traffic during occupancy by the use of proper signs, barricades, flagpersons and lights as prescribedin the "Manual of Uniform Traffic Control Devices."

3. To indemnify and hold the State of South Dakota, its Department of Transportation, its officers, agents, and employees, harmless fromand against any and all actions, suits, damages, liability or other proceedings of any kind or nature brought because of any injuries ordamage rece~v~r sustained by any person or property on acc~unt of the use or occupancy of right-of-way designated in this application.

SIGNATURE ~~~ KeywlYl \<OStCl.d DATE /- /c3~ ()f

ADDRESS SEE BELOW KANSAS CITY MO 64153 TELEPHONE (816) 880-4609

REPRESENTING TRANSCANADA KEYSTONE PIPELINE, LP(Name ofIndividual, Company, Organization, etc.)

***To be completed by Department ofTransportation***

Th~rmit to occupy right-of-way is graptp.rl. to all conditions as herein stated on this

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Failure to accomplish the occupancy in accordance with the provisions of this permit will automatically render this The. a t'P ltc "'..,+permit null and void and where applicable, constitute grounds for its removal and/or full restoration of the occupancy /'VIa?" ~ r~~ iV'c.Jsite all at the applicant's expense. i"'b pI"" e C!. "'TiC: l.I ex:

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Dt +t.u..TransCanada Keystone Pipeline7509 NW Tiffany Springs ParkwayNorthpointe Circle II, Suite 200Kansas City, MO 64153(816) 880-4609

1. Prior to commencing occupancy and at completion of occupancy the applicant shall notify

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MISSION HILL NORTHTOWNSHIPlliII!1HJ1. Schlaetll, Gary

SECTION 121. HOVden, Melvin2. Freng, JohnSECTION 181 1-01 ...1......... --

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ATTACHMENT TO PERMITSDOT - 200 UTILITIES

DOT-232 APPROACHES

Safety Vest Requirements

REVEGETATION PLANShaping:

Disturbed areas will be topsoiled and leveled to promote vegetationgrowth and to remove obstructions of drainage.

Seeding:All disturbed areas will be seeded within three weeks of completion of theoperation with one of the following seed mixtures. Permanent seedingshall not be done between June 1 and August 1, without writtenauthorization from the Area Engineer,

D' urbedh SAfh tillh IIS dM'Rural:T BPtype ermanent ee lxture s a consist 0 teo owm.g:! ore t an cres 1St

Pure Live SeedGrass Species Variety (PLS)

(Pounds/Acre)

Western Wheatgrass Flintlock, Rodan, Rosana 7Dacotah, Forestburg, Nebraska 28, 3

Switchgrass Pathfinder, Summer, Sunburst,Trailblazer

Indiangrass Holt, Tomahawk 3

Big BluestemBison, Bonilla, Champ, Pawnee, 3Sunnyview

Canada Wildrye Mandan 2

Total: 18

D'turbedL th SAf h tillh IIS dM'T CP.ype ermanent ee Ixture s a consist 0 teo owmg: ess an cres IS


(Pounds/Acre)

Western Wheatgrass Flintlock, Rodan, 16Rosanna

Slender Wheatgrass Adanac, Pryor, Primae, 2Revenue

Total: 18

, .

Type G Pennanent Seed Mixture shall consist of the following:

The following seed mixture can be used as a substitute for Type B Pennanent Seed Mixture on

projects East ofthe Missouri River where there are steep grades, long backslopes, or erosive soils.

Ten pounds of oats, spring wheat, or winter wheat are substituted for two pounds of Canada

wildrye for quick cover. Canada wildrye is sufficient quick cover for typical projects. Keep in

mind that including the oats, spring wheat, or winter wheat will provide competition for the

permanent ~asses.


(Pounds/Acre)

WesternWheatgrass Flintlock, Rodan, Rosana 7

Dacotah, Forestburg, Nebraska 28, 3Switchgrass Pathfinder, Summer, Sunburst,

Trailblazer

Indiangrass Holt, Tomahawk 3

Big BluestemBison, Bonilla, Champ, Pawnee, 3Sunnvview

Oats or Spring Wheat: 10April through July;

Winter Wheat: Augustthrough November

Total: 26

S d M'xture)U b (L. t fth ti IIh IItS dM'Urban:T DPype ermanen ee lxture s a conSlS 0 e 0 owmg: r an awn ee l.

Pure Live Seed (PLS)Grass Species Variety (Pounds/IOOO SqFt)

Kentuckv Bluegrass Alene 1.5Perennial Ryegrass TurfType 1.5Creeping Red Fescue 1.5Alkali Grass Fults, Salty 1.5

Total: 6

Mulching:

Shall be performed according to Section 732 of South Dakota DOTStandard Specifications for Road and Bridges. A copy of this section canbe viewed at the following location:http://www.sddot.com/operations/docs/specbook04/732.pdf

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JAN 19 2009

NEWPORT TOWNSHIPUTILITY PERMIT

Whereas Newport Township, Marshall County, SD referred to as "Grantor",does now grant to TransCanada Keystone Pipeline, LP of 7509 Tiffany SpringsParkway, Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee,"a utility permit to cross all roads necessary for the installation of the KeystonePipeline.

The Grantor and Grantee specifically agree as follows:

1. The utility shall be placed at a minimum of 48 inches below the surface.2. The utility shall be placed below the surface of any blacktop road by

means of pipe or boring tool.3. All trenches and excavations shall be carefully backfilled so as to

eliminate settlement and the surface of the ground shall be returned to itsoriginal condition.

4. Grantor shall not be responsible or liable for any costs in connection withthe placement or the maintenance of the utility.

5. If Grantor chooses to excavate in the area where the utility is located,Grantee shall move the utility at its own expense and upon Grantor'srequest to do so.

6. No above ground structures shall be placed in the road right of waywithout written permission of the Grantor.

Dated: Dated:

Grantor:

BY~U~--=--ChairmanTownship Board of Supervisors

Mark F. Wattier, Senior Land AgentTransCanada Keystone Pipeline, LP

Utility & Representative

NOTE: See attached sheet for summary of township roads:

JAN 19 2009

HAUL ROUTE AGREEMENT

TillS AGREEMENT ("Agreement") entered into this _ day of September, 2008, by andbetween NEWPORT TOWNSHIP, a political subdivision of the State of South Dakota, of MarshallCounty, South Dakota ("Township"), and TRANSCANADA KEYSTONE PIPELINE, LP, 7509 NWTiffany Springs Parkway, Northpointe Circle n Ste 200, Kansas City MO 64183 ("Contractor"), as

follows:

WHEREAS, Township is responsible under South Dakota law for constructing, altering,improving, and maintaining township roads under the supervision and direction of its Board ofSupervisors; and

WHEREAS, Contractor plans to have a supply depot site in Township and use township roadsin transporting products, equipment, materials, and supplies used in building the Keystone Pipelineproject ("Project") over Township Roads; and

WHEREAS, Township and Contractor anticipate that, as a result of Contractor's location of thesupply depot and use of township roads, accelerated deterioration will likely occur, requiring significantrepairs or improvements and resulting in additional maintenance expenses; and

WHEREAS, Contractor is willing to pay for the repairs, improvements, and additionalmaintenance expense caused by its operations;

NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained herein,IT IS MuTUALLY AGREED as follows;

1. Purpose This Haul Route Agreement applies to existing, new, and expanded haulingoperations that may cause accelerated deterioration of Township Roads. These hauling operations shallinclude, but not be limited to: contractors, subcontractors, and developers.

2. Definitions The following defInitions apply to this Agreement:

W Additional Maintenance "Additional Maintenance" means grading, graveling,reshaping, repair, or modifIcation performed on Township Roads in excess of the same operationsperformed as routine maintenance by Township. .

ill Township Road(s) "Township Roads" means a street, road, public way, or right-ofway, including shoulders, bridges, culverts, or other related structures, designated for the purpose of

vehicular traffic and under the jurisdiction and control of Township.

(c) Haul RoadCs). "Haul Road" means any Township Road which is used by Contactor,or Contractor's agents, for transporting items connected with construction of the Project, including, butnot limited to, products, equipment, materials, or supplies.

(d) Haul Route. "Haul Route" means the system of Haul Roads between a source siteand the destination or the source site and the nearest major intersection. Haul Routes shall bedesignated by Township for use by Contractor in connection with the Project.

(e) Improvement "Improvements" means roadway improvements required byTownship because of Contractor's use of a Haul Road or necessitated by Contractor's equipment or use(e.g.wider approach to accommodate long trucks).

3, .General Agreement as to Road Use.

(a) Additional Maintenance, Although the Haul Roads covered by this Agreement arepart of the Township road system and are open to normal traffic use by Contractor, Contractorunderstands and agrees that its use of the Haul Roads in connection with the Project will result in theneed for Additional Maintenance of the Haul Roads, and Contractor assumes responsibility for suchAdditional Maintenance of the Haul Roads,

(b) Road Use and Maintenance Township hereby allows Contractor's use of the HaulRoads covered by this Agreement, subject to the conditions contained in this Agreement. Contractorshall be responsible for obtaining any other permits or licenses which Township or any othergovernmental entity may require to operate or move its vehicles on Township Roads. This Agreementshall not relieve any operator of a Contractor's vehicle from complying with applicable speed limits,weight restrictions, or other posted restrictions.

(c) Improvements Any Improvements to or widening of a Township Road necessitatedby Contractor's operations, including modification of roadway approaches to accommodate transportvehicles, shall be considered incidental to the hauling performed and shall be made at Contractor's soleexpense unless otherwise authorized in an addendum to this Agreement. Any such Improvements mustfirst be authorized by Township permit.

(d) Dust Control. Contractor shall be responsible for controlling dust on the Haul Roads.At a mini mum, dust control shall be in accordance with Keystone's mitigation agreement filed with theSol:! h Dakota Public Utilities commission; Township may impose additional dust control requirementsas Township deems necessary for public health and safety.

(f) Billing for Township Costs If, in Township's opinion, Contactor either fails toperform necessary Additional Maintenance or fails to do so in a timely manner, then Township mayperform or hire such Additional Maintenance and bill Contractor for the costs thereof Invoices for suchexpenses may he sent by Township to Contactor at its address set forth herein for notices. Likewise,if Additional Maintenance is necessary after construction of the Project is completed, such asmight result from the settling of a rebuilt road or at a bore site, then Township shall notify Contractorof the same. If Contractor fails to perform the necessary post-construction Additional Maintenancewithin a reasonable time or if such condition creates an immediate safety hazard, then Townshipmay perform or hire such Additional Maintenance and bill the costs thereof to Contactor,

4. General Terms.

(a) Compliance with Laws and Regulations. The C.ontractor shall comply with allfederal, state and local laws and regulations.

(b) Severability Ifany portion ofthis Agreement is held invalid, it shall have no effectupon the validity of the remaining portions ofthis Agreement.

(c) Scope and Construction of Terms The defInitions in this Agreement shall control themeaning. of terms used herein. Where no defInition is expressly stated herein, a term shall have thatmeaning clearly indicated by, or reasonably implied from, the context in which such term is used.

(d) Notification. All notices and oral or written communications relating to thisAgreement may be forwarded to:

On behalf of the Township:NewportTownship

On Behalf of the TransCanada KeystonePipeline, LP:

7509 NW Tiffany Springs ParkwayNorthpointe Circle U Ste 200Kansas arty M064153x-866-717-74731-87-880-4881

IN WITNESS WHEREOF, the parties hereto executed this ,Route Agreement on the dateindicated by the signature notarization,

Newport TOWNSHIP, Marshall County, "' .- .".y::r-" /. ) y p .South Dakota ...,. VV~",,- v--=--------=--...;..-------

Chairman

Supervisor~~&~~Supervisor

TRANSCANADA KEYSTONE PIPELINE, LP

By ---------------Its. _

STATE OF SOUTH DAKOTA

COUNTY OF MARSHALL

On his_day ofSeptember, 2008, before me, the undersigned officer, personally appeared _, Chairman, and. Supervisors, who acknowledged themselvesto be the Chairman, Supervisors, and Clerk, respectively, of Newport Township, a politicalsubdivision of the State of South Dakota located in Marshall County, and that they, as suchChairman, Supervisors, and Clerk, being so authorized to do, executed the fore going instrumentby signing the name ofNewport Township by themselves as Chairman, Supervisors, and Clerk thereof.In witness whereof, I hereuntoset mYb.and and official seal.

(SEAL)

STATE OF SOUTH DAKOTA

COUNTY OF

Notary Public - South DakotaMy Commission Expires: _

On this_day of September, 2008, before me, the undersigned officer, personally appeared_________ and _

________________________________ , known tome to be the persons whose names are subscribed to the within instrument and acknowledged that heexecuted the same for the purposes therein contained.

In witness whereof, I hereuntoset my h,and and official seal.

(SEAL)Notary Public - South DakotaMy Commission Expires: _

Haul Route Agreement

TIllS AGREEMENT, made and entered into this 2. L:, tA day of q I} t{ ar20!!!J., by and between OAI< Township, ("Township"), and Tra l1.5 Calif) q

("Contractor"). G Lc / c h )(",Y57tP /J fJ,jJe//~ ~J ). /'

WHEREAS, the Contractor plans to use township roads in transporting any item,including but not limited to products, equipment, materials, and/or supplies overtownship roads; and

WHEREAS, the Township is responsible for constructing, altering, improving, andmaintaining township roads under the supervision and direction of the Public WorksDirector and/or the Township Engineer; and

WHEREAS, the Township and the Contractor anticipate that as a result of theContractor's use of Township roads, accelerated deterioration may occur. Thus, repairsor improvements may be required and additional maintenance expenses may be incurredby the Township; and

NOW, THEREFORE, in consideration of the terms, conditions, and covenants containedherein, it is mutually agreed as follows:

I. PURPOSE:

This Haul Route Agreement shall be completed for existing, new, and expanded haulingoperations that may cause accelerated deterioration oftownship roads. These haulingoperations shall include but not be limited to: contractors and developers.

2. DEFINITIONS:

A. Additional Maintenance. "Additional Maintenance" means grading, reshaping,repair, and/or modification performed on Township roads in excess of the sameoperations performed as routine maintenance by the Township.

. B. Township Road. "Township Road" means a street, road, or other public way,including shoulders, designated for the purpose ofvehicular traffic and under thejurisdiction of the Township.

C. Haul Road. "Haul Road" means any Township road, bridge, or other structurewhich is used for transporting items including, but not limited to products,equipment, materials, and/or supplies and as a result incurs deterioration.

D. Haul Route. "Haul Route" means the system ofhaul roads between a sourcesite and the destination and/or the source site and the nearest major intersection asdetermined by the Township.

- I -

E. Improvements. "Improvements" mean roadway improvements required by theDirector because ofthe Contractor's use ofthe haul road.

3. GENERAL AGREEMENT AS TO ROAD USE:

The Contractor understands and agrees that, although the haul roads covered by thisAgreement are on the Township Road System and" are subject to normal traffic use theContractor, by virtue of its use of the road as a haul route, assumes responsibility foradditional maintenance and signing costs on such roads resulting from its use of suchroads as a haul route.

The Township hereby agrees to the Contractor's use ofthe haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any othergovernmental entity may require to operate or move its vehicles on township roads. ThisAgreement shall not serve to relieve any operator of a Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.

Any improvements to or widening of the road necessitated by the Contractor'soperations, including modification of roadway approaches to accommodate transportvehicles, shall be considered incidental to the hauling performed, shall be made at theContractor's sole expense unless otherwise authorized in addendum to this Agreement.Any such improvement shall be authorized by Township permit.

4. GENERAL TERMS:

a. Compliance with Laws and Regulations

The Contractor shall comply with all Federal, State, and local laws and regulations.

b. Severability

If any portion of this Agreement is held invalid it shall have no effect upon the validityofthe remaining portions of this Agreement.

c. Scope and Construction of Terms

The definitions in this Agreement shall control the meaning ofterms used herein. Where" no definition is expressly stated herein, a term shall have that meaning clearly indicated

by, or reasonably implied from, the context in which such term is used.

d. Notification

All notices and oral or written communications relating to this agreement may beforwarded to:

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On behalf of the Township:

GY'c:'5 BOil/)

) lj &0 Co If / ?J Th II l/E

Conde, SD 5''}!j7J!j

CeJ/:fo 05- 395""- ?ot9

On behalfof the TRANSCANADA KEYSTONE PIPELINE, LP, by its agent, TC OILPIPELINE OPERATIONS INC.

Kerwin KostadKeystone Pipeline Project7509 NW Tiffany Springs Parkway Suite 200Kansas City, MO 64153

IN WITNESS WHEREOF, the Parties hereto executed this Haul Route Agreement asof the fIrst date hereinabove written.

Township

Title:

Signed:

Name:LeUr! Newton

Assistant Secretary

TRANSCANADA KEYSTONE PIPELINE, LP, ByIts Agent, TC On.. PIPELINE OPERATIONS INC.

L~Signed:

Title:

Name:

Signed:

Name:~Kelly J. Jam~§©!'1

Title: Secretary

- 3 -

CLARK COUNTYUTILITY PERMIT

JAN f 9 20U9

Whereas Clark County, SO referred to as "Grantor", does now grant toTransCanada Keystone Pipeline, LP of 7509 Tiffany Springs Parkway,Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee," a utilitypermit to cross all county roads necessary for the installation of the KeystonePipeline. .







6. No above ground structures shall be placed in the county road right ofway without written permission of the Grantor.

Dated: 1·-/(;,- {) ~

Grantor: /)

By:/{:cAJ 1[e:,J{ChairmanClark County Commission

Dated: q.:;.5 -:ltPo~



KEYSTONE PIPELINE PROJECT

CLARK COUNTY

LIST OF COUNTY ROADS FOR UTILITY PERMIT

154th STREET: Day CountyjClark County Border Road # 1, Gravel

161 st STREET: Clark County Road #23 - Paved

414th AVENUE: Clark County Road # 1 - Paved

164th STREET: Clark County Road #22 - Gravel


172nd STREET: Clark County Road # 17 - Gravel


182nd STREET: Clark County Road #35 - Gravel


188th STREET: Clark County Road #53 -Gravel

NOTE: STATE ROADS ARE NOT INCLUDED AS THE STATE ISSUES PERMITS TO CROSS THEIR

ROADS.

C/ar/

.~ j~ E\ i~i;1KENGINEERING CORPORATION

COtAlJ/YENGINEERS & LAND SURVEYORS

MakingVisions ARealitywww.clark-eng.com

$!pr~V\ ~ f20 CLJ (i vv-\-t 5"

7- tOI)]" per qrie

W~evt S z<5 tlS qjl.-e up(){l. ();( !2~Cic!5

7~~( w;(f .b-e 4.5 1/ ee,/ed

-+- '[2.b W\ ~tt:4 {$+--&o

JuV\ e (~i-

J'fta-yW~e~-ei;py}~s

--gmtl~( f2 o"t-cLs

(J05SJ t.lc::... - CL { q L<-

Aberdeen605-225-3494

Brookings605-692-8799

Sioux Falls605-331-2505


THIS AGREEMENT, m~de and entered into this 2. ()j day of /ebr'uU'Lj ,20M, by and between Ii sh Township, ("Township"), and rran 5 Cal1Qdq

("Contractor"). )<eyS Ton e. !J/fJe //11 E-. 1-;:;



WHEREAS, the Township and the Contractor anticipate that as a result oftheContractor's use of Township roads, accelerated deterioration may occur. Thus, repairsor improvements may be required and additional maintenance expenses may be incurredby the Township; and


1. PURPOSE:

This Haul Route Agreement shall be completed for existing, new, and expanded haulingoperations that may cause accelerated deterioration of township roads. These haulingoperations shall include but not be limited to: contractors and developers.

2. DEFINITIONS:


B. Township Road. "Township Road" means a street, road, or other public way,including shoulders, designated for the purpose ofvehicular traffic and under thejurisdiction of the Township.



- 1 -

E. Improvements. "Improvements" mean roadway improvements required by theDirector because of the Contractor's use of the haul road.


The Contractor understands and agrees that, although the haul roads covered by thisAgreement are on the Township Road System and are subject to normal traffic use theContractor, by virtue of its use of the road as a haul route, assumes responsibility foradditional maintenance and signing costs on such roads resulting from its use of suchroads as a haul route.

The Township hereby agrees to the Contractor's use of the haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any othergovernmental entity may require to operate or move its vehicles on townshIp roads. ThisAgreement shall not serve to relieve any operator of a Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.

Any improvements to or widening of the road necessitated by the Contractor'soperations, including modification ofroadway approaches to accommodate transportvehicles, shall be considered incidental to the hauling performed, shall be made at theContractor's sole expense unless otherwise authorized in addendum to this Agreement.Any such improvement shall be authorized by Township permit.

4. GENERAL TERMS:



b. Severability

If any portion of this Agreement is held invalid it shall have no effect upon the validityof the remaining portions of this Agreement. .

c. Scope and Construction ofTerms

The defInitions in this Agreement shall control the meaning ofterms used herein. Whereno defInition is expressly stated herein, a term shall have that meaning clearly indicatedby, or reasonably implied from, the context in which such term is used.

d. NotifIcation


- 2-


St'l/e.. ;J!< Iii /;'''!J . S4f-er u,' S ~ r . AsA /wp

1&5"/;'1 LfILjAv'e..

I~ G 'I In (7/J c;l ~() j ....'l;L fJ-g

b(J5"~ 5'3:2- S-SJO

On behalf of the TRANSCANADA KEYSTONE PIPELINE, LP, by its agent, TC OILPIPELINE OPERATIONS INC.

?1)09 f/) tv ;;ffany 5fJl'!'n~ 5 fJc. rkk/c. 'Ii

NOf fA po/n re C're-)e]L..1 5 C-t /' te 2. co,;!Clf15Q5 (;ly J (IJ&0 Lj /!J ~

8/ &. • 81[50 ~ lito c; .;/~t'41/1l )<os7aJ

IN WITNESS WHEREOF, the Parties hereto executed this Haul Route Agreement asof the first date hereinabove written.

TRANSCANADA KEYSTONE PIPELINE, LP, ByIts Agent, TC OIL PIPELINE OPERATIONS INC.

Township

Signed:

Name:

Title:

Signed:

Name:

Title:

laurl NewtonAssistant Secretary

Secretary

,.,- j -

RAYMOND TOWNSHIPUTILITY PERMIT

Whereas Raymond Township, Clark County, SO referred to as "Grantor", doesnow grant to TransCanada Keystone Pipeline, LP of 7509 Tiffany SpringsParkway, Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee,"a utility permit to cross all roads necessary for the installation of the KeystonePipeline.








7. Grantee shall pay a fee as follows:Crossing fee, per road crossing or section line - $300 each.

Dated: Fyi?,? I/)1

t~.P(I2-{~By: :;;( ~

ChairmanTownship BoardOf Supervisors

Dated: I ~ -3;/ -JC?~£




RAYMOND TOWNSHIP, CLARK COUNTY

LIST OF TOWNSHIP ROADS FOR UTILITY PERMIT

166TH STREET - Raymond TWP claims and maintains this road.

167TH STREET

168TH STREET

170TH STREET

171 ST STREET

NOTE: COUNTY AND STATE ROADS ARE NOT INCLUDED AS THE COUNTY AND STATE ISSUEPERMITS TO CROSS THEIR ROADS.


THIS AGREEMENT, made and entered into this ;2nJ day of hbr4ar'Y ,20~, by and between RoymoJ Township, ("Township"), and Lrah.JC,lIa)" (("Contractor"). r )!eystol/e. A;ae),'ne. ~ L P



WHEREAS, the Township and the Contractor anticipate that as a result oftheContractor's use of Township roads, accelerated deterioration may occur. Thus, repairsor improvements may be required and additional maintenance expenses may be incurredby the Township; and


1. PURPOSE:


2. DEFINITIONS:


B. Township Road. "Township Road" means a street, road, or other public way,including shoulders, designated for the purpose of vehicular traffic and under thejurisdiction of the Township.


D. Haul Route. "Haul Route" means the system of haul roads between a sourcesite and the destination and/or the source site and the nearest major intersection asdetermined by the Township.

- 1 -




The Township hereby agrees to the Contractor's use of the haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any othergovernmental entity may require to operate or move its vehicles on township roads. ThisAgreement shall not serve to relieve any operator of a Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.


4. GENERAL TERMS:



b. Severability

If any portion of this Agreement is held invalid it shall have no effect upon the validityof the remaining portions of this Agreement.


The definitions in this Agreement shall control the meaning of terms used herein. Whereno definition is expressly stated herein, a term shall have that meaning clearly indicatedby, or reasonably implied from, the context in which such term is used.

d. Notification


-2-


/{erw/11 ~:;taj·8)6-8g0 -'1/. 0 9 Ext /33;;

7So 9 Nhi /"f-(:;n)l 5,fJr/iJ~ ~ /!:. r)!tvciY

NortA j?O/~ tc C'I-c/e ff.,1 5tt/te 2.00,

IN WITNESS WHEREOF, the Parties ,hereto executed this Haul Route Agreement asof the fIrst date hereinabove written.

Lauri Ne~gn,~istant Secretary

Township/A~"7' ,/"':;7-;;7'

; Y 7"""-4L ...... ' /.

f) n ,'~/)(-f:f~ J) t.ir6b~&'--

Signed: ' /

C\ ~p /,)I 1 II !----Name: ~¥Vl~- 7\ l)(j~f

I I

Title: 1.../.= l •..J lJ.P-rJ//;kr"I

TransCanada Keystone Pipeline, LPby its agent: TC Oil PipelineOperations Inc.

!7~1r:l

C 111 I I ; PE' Teww r $ 2 ; L ; 11:1fi,t : 3 j T? ~ I. r([1iI T °PEP : pONS 2''18

Name:

Title:

Title:

Signed:

Name:

'1- .) -

JAN 19 2009

LOGAN TOWNSHIPUTILITY PERMIT

Whereas Logan Township, Clark County, SD referred to as "Grantor", doesnow grant to TransCanada Keystone Pipeline, LP of 7509 Tiffany SpringsParkway, Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee,"a utility permit to cross all es !I1:ty roads necessary for the installation of theKeystone Pipeline. r;>y4fCp,?







6. No above ground structures shall be placed in the cjP 'j road right ofway without written permission of the Grantor. ~ c?L:..


Dated: f- / {J - (J y

Grantor:


Dated: 10" /1"}; - 2 f!l(9~

Gra";JJJ, --By: ffd{1:.




LOGAN TOWNSHIP, CLARK COUNTY

LIST OF TOWNSHIP ROADS FOR ROAD CROSSING PERMIT

173rd STREET

414th AVENUE

174lh STREET

175th STREET

176th STREET

178th STREET - North Half

NOTE: COUNTY AND STATE ROADS ARE NOT INCLUDEDAS THE COUNTY AND STATE ISSUEPERMITS TO CROSS THEIR ROADS.

JAN 19 2009Haul Route Agreement

THIS AGREEMENT, made and entered into this ~o rA day of Sepk/JI.6er,2008, by and between '-~jfl} Township, ("To;nship"), and -r;.41C:~qj« 4d~t'" .("Contractor"). f,/fiO t'A e J L c.. By its agent: TC Oil

. . . . Pipeline Operations IncWHEREAS, the Contractor plans to use township roads m transporting any Item, .including but not limited to products, equipment, materials, and/or supplies overtownship roads; and

WHEREAS, the Township is responsible for constructing, altering, improving, andmaintaining township roads under the supervision and direction ofthe Public WorksDirector and/or the Township Engineer; and

WHEREAS, the Township and the Contractor anticipate that as a result oftheContractor's use ofTownship roads, accelerated deterioration may occur. Thus, repairsor improvements may be required and additional maintenance expenses may be incurredby the Township; and


1. PURPOSE:


2. DEFINITIONS:


B. Township Road. "Township Road" means a street, road, or other public way,including shoulders, designated for the purpose ofvehicular traffic and under thejurisdiction ofthe Township.



- 1 -

E. Improvements: "Improvements" mean roadway improvements required by theDirector because ofthe Contractor's use ofthe haul road.


The Contractor understands and agrees that, although the haul roads covered by thisAgreement are on the Township Road System and are subject to normal traffic use theContractor, by virtue ofits use ofthe road as a haul route, assumes responsibility foradditional maintenance and signing costs on such roads resulting from its use of suchroads as a haul route.

The Township hereby agrees to the Contractor's use ofthe haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any othergovernmental entity may require to operate or move its vehicles on township roads. ThisAgreement shall not serve to relieve any operator ofa Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.

Any improvements to or widening ofthe road necessitated by the Contractor'soperations, including modification ofroadway approaches to accommodate transportvehicles, shall be considered incidental to the hauling performed, shall be made at theContractor's sole expense unless otherwise authorized in addendum to this Agreement.Any such improvement shall be authorized by Township permit.

4. GENERAL TERMS:



b. Severability




d. Notification


-2-


1ht?f4=1f (0 U/?I ~ tG Y?

On behalf ofthe TRANSCANADA KEYSTONE PIPELINE, LP, by its agent, TC OILPIPELINE OPERATIONS INC.

l-qr2/;dr &ebie-Ik.jedKerwin KostadKeystone Pipeline Project7509 NW Tiffany Springs Parkway Suite 200Kansas City, MO 64153


h62tS2121MX GISiOhZ ihEZhtZ, Ei, OJiL314SHij IS oUtSELL:s e222Gx22Gz:e .t.

Signed: Id~ Je~dName: uJ~VW e 5~htd..'J Q (

Title:

Signed:~a~L<Name: Clc;y ;; t// C{ GJ 1cP1 ..e 1--/ ~ . "..

Title: Ch q/p.-, /17' Lfn

- 3 -

Township

Signed: roCk;;.} ~ dJ~JName: DOlCld.. :r. He\'Y)V"Ic.l.,s

Title:

TransCanada Keystone Pipeline, LPby its agent: TC Oil Pipeline

opl:t0nsfuCLa~£crewY~~~Kell}TJ:s~ Secretary

/ f) - J 2 - 2-00 '3 C 1Dr r- LC9- "UA- -\-}

~rl-P' ~?~(;~ -?/U/ 17~UAI~

0( A~U'/.~dA ~/ t{ cJfp~~L-£v

~ /vc~ -J.vt. I tJ0-4 j~~yI c/' ~./ .k ~cr? )J./~t ,/U4~-7ff-

I~-r t""-e- Vo,tlL Sl'~ ~ r jl . j}

!L.,c~kJ D~ -I--~. 4~~ #4-/~I ~"c> r.u t1 of' ~"'o.n C' <; J. j{" '>5 . '?4-te~/..-d-- 7-"1 r":;'-2;1M L- Sb- G~~ D(PCo~.0000. .

IN~ II~ 1 5Q. c. I 7 J T -If to rV J R- S-Ot t..J

II

!! .

II,

FORDHAM TOWNSHIPUTILITY PERMIT

JAN 192009

Whereas Fordham Township, Clark County, SO referred to as "Grantor", doesnow grant to TransCanada Keystone Pipeline, LP of 7509 Tiffany SpringsParkway, Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee,"a utility permit to cross all CQWAty ~a1rs necessary for the installation of theKeystone Pipeline.

The Grantor and Grantee specifically agre.e as follows:




4. Grantor shall not be responsible or liable for any costs in connection withthe placement or the maintencince of the utility.

5. If Grantor chooses to excavate in the area where the utility is located,Grantee shall move the utility at its own expense and upon Grantor'srequest to do so. a tt.

6. No above ground structures shall be placed in the &OUFl~ road right ofway without written permission of the Grantor.


Dated: q- /1- {}gJGrantor:


Dated: / j- ~ f) -o~




FORDHAM TOWNSHIP, CLARK COUNTY


178TH STREET - South Half

179TH STREET

180TH STREET

181 st STREET

414th AVENUE

183rd STREET

184th STREET - North Half


JAN 19 2009


TillS AGREEMENT, made and entered into this :;. / sf day of Seftel1Ji-er20ot, by and between F...J&... Township, ("Township"), and n ...~ r;;,..1" 11;';;' e("Contractor"). 1/1e / , /} -e.l L. . Yit~ agent: TC Oil

Plpelme Operations IncWHEREAS, the Contractor plans to use township roads in transporting any item, .including but not limited to products, equipment, materials, and/or supplies overtownship roads; and

WHEREAS, the Township is responsible for constructing, altering, improving, andmaintaining township roads under the supervision and direction ofthe Public WorksDirector and/or the Township Engineer; and

WHEREAS, the Township and the Contractor anticipate that as a result oftheContractor's use ofTownship roads, accelerated deterioration may occur. Thus, repairsor improvements may be required and additional maintenance expenses may be incurredby the Township; and

NOW, THEREFORE, in consideration ofthe terms, conditions, and covenants containedherein, it is Il1utually agreed as follows:

I. PURPOSE:

This Haul Route Agreement shall be completed for existing, new, and expanded haulingoperations that may cause accelerated deterioration oftownship roads. These haulingoperations shall include but not be limited to: contractors and developers.

2. DEFINITIONS:

A. Additional Maintenance. "Additional Maintenance" means grading, reshaping,repair, and/or modification performed on Township roads in excess ofthe sameoperations performed as routine maintenance by the Township.

B. Township Road. "Township Road" means a street, road, or other,public way,including shoulders, designated for the purpose of vehicular traffic and under thejurisdiction ofthe Township.


D. Haul Route. "Haul Route" means the system ofhaul roads between a sourcesite and the destination and/or the source site and the nearest m£Yor intersection asdetermined by the Township.

- I -

E. Improvements. "Improvements" mean roadway improvements required by theDirector because ofthe Contractor's use ofthe haul road.


The Contractor understands and agrees that, although the haul roads covered by thisAgreement are on the Township Road System and are subject to normal traffic use theContractor, by virtue ofits use ofthe road as a haul route, assumes responsibility foradditional maintenance and signing costs on such roads resulting from its use of suchroads as a haul route.

The Township hereby agrees to the Contractor's use ofthe haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any othergovernmental entity may require to operate or move its vehicles on township roads. ThisAgreement shall not serve to relieve any operator ofa Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.

Any improvements to or widening ofthe road necessitated by the Contractor'soperations, including modification ofroadway approaches to accommodate transportvehicles, shall be considered incidental to the hauling performed, shall be made at theContractor's sole expense unless otherwise authorized in addendum to this Agreement.Any such improvement shall be authorized by Township permit.

4. GENERAL TERMS:



b. Severability

Ifany portion of this Agreement is held invalid it shall have no effect upon the validityofthe remaining portions of this Agreement.



d. Notification


-2-

On behalfof the Township:

&4a;i~fh flrtrt!.-; ~/... r/(

Ft>rdAam Tai<JHLrLJ/'i7/J JfJ/{O STC/J- r Ot!-n f~r- SD 6 7J J-?-

I IOn behalfof the TRANSCANADA KEYSTONE PIPELINE, LP, by its agent, TC OILPIPELINE OPERATIONS INC.


IN WITNESS WHEREOF, the Parties hereto executed this Haul Route Agreement asof the :first date hereinabove written.


Township

Signed:

Name:

Title:

Lauri NewtonAssistSflt Secretary

Signed:~~

Name: )) /)fl2 Kreh ~C~Wl':;r-

Title: cAp;" m qrl

Signed: I4Uo 9tJ~

Name: Kelly J. JamesonSecretary

Title:

- 3 -


TIllS AGREEMENT, made and entered into this /6"'/~ day of J;..J1qa,;y ,20§1, by and between B,'c.hltu,) Township, ("Township"), and [(lUI? Cu4jq !tr:-1il'i/fl!.("Contractor"). fJ// e 1,~1t l!-._ L!J





1. PURPOSE:


2. DEFINITIONS:





- 1 -

E. Improvements. "Improvements" mean roadway improvements required by theDirector because ofthe Contractor's use of the haul road.


The Contractor understands and agrees that, although the haul roads covered by thisAgreement are on the Township Road System and are subject to normal traffic use theContractor, by virtue of its use ofthe road as a haul route, assumes responsibility foradditional maintenance and signing costs on such roads resulting from its use of suchroads as a haul route.

The Township hereby agrees to the Contractor's use of the haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any othergovernmental entity may require to operate or move its vehicles on township roads. ThisAgreement shall not serve to relieve any operator of a Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.


4. GENERAL TERMS:



b. Severability

If any portion of this Agreement is held invalid it shall have no effect upon the validityof the remaining portions of this' Agreement.



d. Notification

All notices and oral or written communications relating to this agreement may befOlwarded to:

-2-

On behalf ofthe Township:

5te.ue. G/Qi)z.eY'

4 I 2 I 3 /g '1 T~ S/

C~·"ten fer, ~O l)312.

!oo:J~ 3S;:J. - ? /81

On behalfofthe TRANSCANADA KEYSTONE PIPELINE, LP, by its agent, TC OILPIPELINE OPERATIONS INC.


IN WITNESS WHEREOF, the Parties hereto executed this Haul Route Agreement asof the first date hereinabove written.


Township

Signed:

Name:

Title:

Signed:

Name:

Title:

L~_.'._tsor! Newton

Assistant Secretary

Kelly J. JamesonSecretary

- 3 -

Signed:

Name:

Title:

<J-t:eVe IV C-!-tUv 2.[.~

C!;.a-.JI-,.-.. fI1CvW I?tc/h,j.~ (-tV/.

"'--'---"=-'U..~-.-===-~

,---- C COUNTY

CONDITIONAL USE ARIANCE APPLlCAnON

-----;P:::ERMIT NUMBER CUI) -of

APPLICANT (PRINT): TransCanada Keystone Pipeline, LP PHONE: ....,(S,-,:I-,,-6.r...}8><..>8"",,O,--4-,-,8,",,8~1 _

ADDRESS: 7509 NW Tiffany Springs Parh.-way. Northpointe Circle II, Suite 200; Kansas City, MO 64153OWNER (PRlNT): Francis H. and Deborah 1. Hass (l)

OWNER (PRlNT): Walter Family Limited Partnership (2) PHONE (605) 336-3890 clo Beth LewisADDRESS: 300 S. Phillips Ave., Ste. 300, Sioux Falls, SD 57104 c/o Beth Lewis

I1Vv'E, THE UNDERSIGNED, DO HEREBY PETITION THE BOARD OF ADJUSTMTh'T OF CLARK COUNn'SOUTH DAKOTA, TO ISSUE AICONDITIONAL USE PERM}] OR VARlANCE FOR THE PROPERTYDESCRIBED AS: (CIRCLE APPROPRIATE)

LEGAL DESCRIPTION (Please print or type):

.027 acres in the NE~ of Section 17,Township ) 16 North, Range 59 West of the 5'h P.M., Clark County,South Dakota (l)

.027 acres in the NWY. of Section 29, Township 119 North, Range 59 West of the Sdl P.M., Clark County,South Dakota (2)PARCEL NUMBER: _GENERAL AREA OR STREET ADDRESS: Off of I74thStreet en Off of {58th Street (2)EXISTING LAND USE: Agricultural EXISTING ZONING: AgriculturalSIZE OF PARCEL: ACRES .027 LOT DIMENSIONS: WIDTH 2QJL LENGTH 40 ft DEPTHSURROUNDING LAND USE NORTH: Agricultural '

SOUTH: ... . Agricultural,EAST: AgriculturalWEST: Agricultural

PLEASE DESCRlBE WHAT YOU PROPOSE TO DO AND WHY YOU ARE SEEKING A CONDITIONALUSE PERMIT (attach a separate sheet ofpaper if necessary)

Applicant previously received a conditional use penni! to construct a valve site at these locations. The valve site willrequire a thirty-three-foot telecommunications tower, which is listed as a conditional use in an agricultural districtunder Section 2.04.0404}.

IF YOU ARE SEEKING A VARIANCE PLEASE PROVIDE A BRIEF STATEMENT OF THE VARIANCEDESIRED AND PLEASE STATE THE HARDSHIP REQUffiING RELIEF. (Proof ofhardship is on theapplicant - Hardship examples are odd size or shape of the lot, unusual topography, etc, attach a separate sheet ofpaper if necessary)

TRANSCANADA KEYSTONE PIPELINE, LPBy its agent:

TCOILPIP~H:rL:~~~2~NSlNC.

BY ....~ .. -.:.········•• p. • .:. Leur! Newlon

{00403451.J}

Signature of Applicant(s):

Location ofProposed Structure On LotDimensions of Front and Side Set BacksLocation of Adjacent Existing Buildi.ngs

5.6.7.

1"y.r.

/i",I

/{~~proposedproperty shall accompany this application, showing the following:

"i

/orth DirectionDimensions of Proposed StructureStreet NamesOther Information As May Be Requested

i.E BOARD OF ADJUSTMENT MAY REQUIRE THAT SUCH PLANS BE PREPARED BY A REGISTERED,NGINEER OR LAND SURVEYOR.

**PLEASE USE THE ATTACHED SKETCH INSTRUCTION SHEET FOR AN EXAMPLE.

FOR OFFICIAL USE ONLY

DATE FILED WITH ZONING ADMINISTRATIVj: OFFICIAL: / }-,~?-7.--r'FEE PAID (NON-REFUNDABLE): ~I S.,--".--_N0-r-:--J'r-:-r-DATE OF HEARlNG: - ~.C' .

ACTION BY BOARD OF ADJUSTMENT:

{00403451.1}2

AGREEMENT FOR USE AND RESTORATION OF HAUL ROAD

Please Note: DATE:

* Applicant will be held responsible tor damages.* See paragraphs below* Agreement is to travel approved county roads hauling

Legal Loads for your vehicle.

ADDRESS:

PHONE:

f';l#f"J('! &r'1I111: kf, itrV- I..te!.tN L pl

Z5' 0 9 d;v /.Jtu.<!:f #1utJ( ;Ja/ f/!AJ{!J - iJ:otift'" 1t-412l/d it~l!lto~

r!r/t; t tu A/J, Q 9 )q ;;ell FAX:

iJ/~Ii 'f

/0- 3 /·6 ;2

kTO ......."'-l..<:...-=-'----=-~~-----,f -I-a

DESCRIPTION OF EQUIPMENT/CARGO TO BE MOVED:---,:F"-l~.l;O.--~----:lP'-7''-F..,;"u.,,--

PERMIT EFFECTIVE FROM:---''''---'''--;;....",L---

COUNTY HIGHWAYS TRAVELED: County Road #04 -60 ( 150th Street) from

State 37 east to county line - 6 miles

It is to be understood that we, the undersigned applicant, will be liable for any damage done within theexisting right of way of county highways being used to move the above described.

Not valid unless a copy is on file in the Highway Department Office containing both signatures.

Phone: 605-472-5008FAX: 605-472-5010

Issued by:APP?£ £2Q~Spink County High\-vay Superintendent

Upon completion of project, applicant will contact the Spink County Highway Office for . 09release of roads listed above. MAR 1l 20

Date Released: ------- Hwy Personnel Signature: _

BEADLE COUNTYUTILITY PERMIT

Whereas Beadle County, SO referred to as "Grantor", does now grant toTransCanada Keystone Pipeline, LP of 7509 Tiffany Springs Parkway,Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee," a utilitypermit to cross all county roads necessary for the installation of the KeystonePipeline.








Dated: I CJ - 3-1-f}tf

Grantor:t '

.BY:~(YoChairmanBeadle County Commission

Dated: /2.-;0 -:J.CZ?8

Grantee:

By: &fl&JG=Mark F. Wattier, Senior Land AgentTransCanada Keystone Pipeline, LP


See attached sheet for summary of county roads:


BEADLE COUNTY

LIST OF COUNTY ROADS FOR UTILITY PERMIT

192nd STREET and 415th AVENUE INTERSECTION, Beadle Co. Road #4 and

Beadle Co. Road # 37 - Gravel

1961h STREET - Beadle Co. Road #8 - Paved

198TH STREET - Beadle Co. Road # 10 - Gravel

202nd STREET- Beadle Co. Road # 14 - Gravel

204th STREET - Beadle Co. Road # 16 - Gravel

418th AVENUE - Beadle Co. Road #39 - Paved - BEADLE COUNTY/KINGSBURYCOUNTY BORDER. Road is maintained by BEADLE COUNTY

NOTE: STATE ROADS ARE NOT INCLUDED AS THE STATE ISSUES PERMITS TO CROSS THEIRROADS.

DISPLAY AD

PUBLISH JANUARY 16,30 AND FEBRUARY 6,2008 PLAINSMAN

JANUARY 16,30 & FEBRUARY 6,2008 TIMES & WOLSEY NEWS

BEADLE COUNTYSPEED LIMITS & WEIGHT PER AXLE LIMITS

EFFECTIVE FEBRUARY 15,2008PER RESOLUTION 12-10-07

ALL BEADLE COUNTY OIL ROADS WILL BEPOSTED AT 40 MPH FOR TRUCKS AND POSTED AT

6 TON PER AXLE.WITH THE FOLLOWING EXCEPTIONS:

YALE ROAD (411 th Ave-County Road 31) from Hwy 14North to the Correction Line (196th St-County Road 8)posted at 8 ton per axle and 40 MPH for trucks. Fromthe Correction Line North on (411 th Ave-County Road31) to SD Hvvy 28 posted at 6 tons per axle and 40 MPHfor trucks.

COUNTY ROAD 22 - Custer Ave frOlTI Hvvy 14 South to210th St then west to Hvvy 37 posted at legal weightlimits and trucks 40 MPH.

MORNINGSIDE MAIN - posted at legal load lin1its and30 MPH

BEADLE COUNTY HIGH\iVAY DEPARTMENT655 4TH ST NW, Huron, SO 57350

August 5, 2008

Beadle County Highway grants permission to change the Driveway and Construction Permit as

requested.

Legal Description: Tract PS-SD-HD-0693.0000 Carpenter Pump Station Addition in the SE %of Section 4,

Township 113 N, Range 59 W, West ofthe 5th P.M. Beadle County, South Dakota.

Permission is granted to gofrom 30' width at road to 21'.

Beadle County Highway Department.

BARRETT TOWNSHIPUTILITY PERMIT

Whereas Barrett Township, Beadle County, SD referred to as "Grantor", doesnow grant to TransCanada Keystone Pipeline, LP of 7509 Tiffany SpringsParkway, Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee,"a utility permit to cross all county roads necessary for the installation of theKeystone Pipeline.









Oated: __3_-_3_-_0----:1_Grantor:

By: ~/~7I---~----:./J!r~~ChairmanTownship BoardOf Supervisors

Dated: J' -1, bqGrantee:

By:dtc~Mark F. Wattier, Senior Land AgentTransCanada Keystone Pipeline, LP



BARRETT TOWNSHIP, BEADLE COUNTY


191 st STREET

193rd STREET

194TH STREET

195TH STREET

NOTE: COUNTY AND STATE ROADS ARE NOT INCLUDED AS THE COUNTY AND STATE ISSUE

PERMITS TO CROSS THEIR ROADS.


THIS AGREEMENT, made and entered into this '5 day of (t 1ti./c-t, ,

2028, by and between B.,fi'e- tt Township, ("Township"), andTca.t.tGu ..ei", K~/lc?'/;4t:("Contractor"). t? J / /1r,/u"h c::.. " A-/"





1. PURPOSE:


2. DEFINITIONS:




D. Haul Route. "Haul Route" means the system of haul roads between a sourcesite and the destination and/or the source site and the nearest major intersection asdetermined by the Township.

- 1 -




The Township hereby agrees to the Contractor's use of the haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any othergovernmental entity may require to operate or move its vehicles on township roads. ThisAgreement shall not serve to relieve any operator ofa Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.


4. GENERAL TERMS:



b. Severability




d. Notification


- 2 -



15'0'/ NhlT,·tfQ~l r.fr/bjt A"j'u,;Q,Y

NOI(1{0//I, C'tJ. I/, S'~,~ )00

t,i} $ q r C,?t jl) tl t.lfJf";3



Township

Title:

Signed:

Name:lablri Ne'....tefl

Assistant Secretary

_LJl~J-__Title:

Name:

Signed:

Signed:

Name:

Title:Secretary

- 3 -

FOSTER TOWNSHIPUTILITY PERMIT

Whereas Foster Township, Beadle County, SO referred to as "Grantor", doesnow grant to TransCanada Keystone Pipeline, LP of 7509 Tiffany SpringsParkway, Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee,"a utility permit to cross all roads necessary for the installation of the KeystonePipeline.




eliminate settlement and the surface of the ground shall b~ returned to itsoriginal condition.


5. IfGrantor chooses to excavate in the area where the utility is located,Grantee 'shall move the utility at its own expense and upon Grantor'srequest to do so.



Dated:"------'------

hairmanownship Board

Of Supervisors





FOSTER TOWNSHIP, BEADLE COUNTY




TIllS AGREEMENT, made and entered into by and betwee o.? ~ r Township,a political subdivision of the State of South Dakota, ofJ!Jelf ~ County, SouthDakota; hereafter referred to as the "Township" and Tr/tr/t 5 C""Jt.2 %.;k~);H e,.fl;t;'il//Jt. e, ),j/ ,hereinafter referred to as the "Contractor" as follows

WHEREAS, the Contractor plans to use Township roads in transporting any item,including but not limited to products, equipment, materials, and/or supplies overtownship roads; and

WHEREAS, the Township is responsible under South Dakota law for constructing,altering, improving, and maintaining Township roads under the supervision and directionof its Board of Supervisors; and

WHEREAS, the Township and the Contractor anticipate that, as a result of theContractor's use of Township roads, accelerated deterioration may occur. Thus, repairsor improvements and additional maintenance expenses will be required; and

WHEREAS, Contractor is willing to pay for repairs, improvements, and additionmaintenance expense caused by its operations;


I. PURPOSE:

This Haul Route Agreement applies to existing, new, and expanded hauling operationsthat may cause accelerated deterioration of township roads. These hauling operationsshall include but not be limited to: contractors, subcontractors and developers.

2. DEFINITIONS:

A. Additional Maintenance. "Additional Maintenance" means grading, reshaping,repair, and/or modification performed on township roads in excess of the sameoperations performed as routine maintenance by the Township.

B. Township Road. "Township Road" means a street, road, or other public way,including shoulders, and right-of way designated for the purpose ofvehiculartraffic and under the jurisdiction of the Township.

C. Haul Road. "Haul Road" means any Township road, bridge, or other structurewhich is used for transporting items including but not limited to products,equipments, materials and lor supplies and as a result incurs deterioration.

- I -


E. Improvements. "Improvements" mean roadway improvements required by theTownship because of the Contractor's use ofthe haul road.


The Contractor understands and agrees that, although the haul roads covered by thisAgreement are on the Township Road System and are subject to normal traffic use theContractor, by virtue of its use of the road as a haul route, assumes responsibility forrepairs, additional maintenance, and signing costs on such roads resulting from its use ofsuch roads as a haul route.

The Township hereby agrees to the Contractor's use ofthe haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any othergovernmental entity may require to operate or move its vehicles on township roads. ThisAgreement shall not serve to relieve any operator of a Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.

Any improvements to or widening of the road necessitated by the Contractor'soperations, including modification ofroadway approaches to accommodate transportvehicles, shall be considered incidental to the hauling performed, shall be made a theContactor's sole expense unless otherwise authorized in addendum to this Agreement.Any such improvement shall be authorized by County permit.

4. GENERAL TERMS:



b. Severability

If any portion of this Agreement is held invalid, it shall have no effect upon the validityof the remaining portions of this Agreement.


The defInitions in this Agreement shall control the meaning of terms used herein. Whereno defInition is expressly stated herein, a term shall have that meaning clearly indicatedby, or reasonably implied from, the context in which such term is used.

d. NotifIcation

-2-


On behalfofthe Township:

~J CL0.k lA)--Q_ liD It <

do I9 :5" .J.-/1.:Jth.A U~_

~a\", I SO 513'{Jb

LDv5"- ,t:I~J ~- 0 CU'!) S-On behalf of the TRANSCANADA KEYSTONE PIPELINE, LP, by its agent, TC OILPIPELINE OPERATIONS INC.



- 3 -

Township

Signed:

Name:

Title:

Signed:

Name:

Title:

~auri NewtonAssIstant Secretary

f{t~~~Mn4=/ /, I

Kelly J. JamesonSecretary

-4-

Signed:

Name:

Title:

BANNER TOWNSHIPUTILITY PERMIT

Whereas Banner Township, Beadle County, SD referred to as "Grantor", doesnow grant to TransCanada Keystone Pipeline, LP of 7509 Tiffany SpringsParkway, Northpointe Circle II, Suite 200; Kansas City, MO 64153, "Grantee,"a utility permit to cross all roads necessary for the installation of the KeystonePipeline.








7. Grantee shall pay a fee as follows:Crossing fee, per road qrossing or sec~ion line - $300 eac~:j).,. e:.Yrv d2fY

6', 1'- S'e:tf{,,,? Oct"rS-J.1ft to f~fe 'I'f.e, &("(N\/l.q w, I( "'~ reS/dl\..~!b4! fen- r--q-J .

Dated: 2t"' / (y. -09 Dated: <; ~ /(0 ~ 0,,"


Grantee:

By: L-~£'(','L.. ;V\ C/}'l '2.-

MaFk-K~ Senior Land AgentTransCanada Keystone Pipeline, LP




BANNER TOWNSHIP, BEADLE COUNTY


203rd STREET

205TH STREET


,...,----'.... --, ....... -.,.,p.l

.~.. v"""

KINGSBURY COlJNl'Y IDGBWAY DEPARTMENTAGREEMENT

FOR USE AND RESTORATION OF IIAUL 1l0AD

TransCanada K~stone Pipeline, LP~ by dts agen~[C Oil PipelinesWHEQ4&Operations Inc. (hereuafferEeferre4Iu.thePenni~)

bas requested 3nthoriQtim to IGe KiDgtbtlryeo...ty 8.oad(s) lmJIIOOn:d

B . .. ad............. •• to haldegJIIJIdlS i-" ..,.~II-a_.......__~ ~

equiplmt .:alld ....fftial Start dare.. , p Completion date

'WIIEImAs' in enl.er to mmpfde SflW pn)jed It may~ aeaaal)'f'Ot'thel!'~1ttteInQtih .. ponto ofThe :Kinpbmry CnoosrD"'~ Sy:smn for 'the un""Y...v::r ofconstradfoDequ~t $I...... ilItldcriJlJ...* pt'Ojeet:~ nd

~tll~hnldtee, 01' Itk wipte IIbaII~ the porlion·oftmld..~.swy~rnJ ...~~ditiun lh.t aiMed i~iat.ttyplio.. to itt. pse, 8J)d

WJURU.5,. tiki! PermitteeA~.ml~ =sid Jaialt,,,., in a sate mfttIilitm~Iq liaemgkwaySu~Dr bislmipa Sncb naSrih1iblmI:e shal indlld~np_of,t1thvla, repair 01sonspo~tot~ ttpafrpf~ te1IJOVal,rdebm;~bb:d~, don~........ awd proptr :!ignint}

WMml:1'.A.St .. in:specti_n of' tlte j'JJ"OplIRd hllllJ mo. Ut be .tiJi.tt:dwill be made not~dl~)l thirlJ da)'s priQJ" .. imibtJou Dnt', O9«l'lS • har ......, atwha timo aDiD~

~ COMiStmgoflbl:hQrlRd~I~of..Ptnnftlft anti 'Dl~lGftgJJmlJ1 ConntyJJilb>ayJ)eputatent wiD 4b!tennw'" .-tcord thee:n~c:onditilJn or Imid ~Ulle,

indQdiIIg1k 'type, tlJiclotm!l'.udwMtft of'tIre smlltingIII~ in plate, cnndldo.. oft\*lvertS,. dikhes Inul ~gB. bJh!r co..,Jeticm ofllAWd in*JM!Clin, ~.1.Ithoridd"'P~t:atint ortJte l"ermltlft ad "I:hKingstm.,. Con.,. J:Ii&hWa.Y :otpartmtnt sballllIigJa ilalll iJi!jp~..~S1~~to _ ~.uliti~1JJ Aatal dunin.

.".2-f"'..........e. U..iJ

Titl~

NOW II BEREJ.I'ORE, in ecmsich!rlititm ~ftk mtllinhnenlll hen!in .ted, tIl~ underst~ed

ptwti~~ llgRe'~ follows:

NOW 1"IDt~RE,tltat purtion Gftlte 'KiogslturyPoum,~S)'ShlOi deacribll:dabtwe ilt.~~tatne KingslMuy Coitnty Highway ~~.smd b mUotaim:d by tlt~

Kirtgdm" C.,mi9 IDoJrwar~...ent, ;wnd k ttlti~th:lttII! pr'!IPlUM. fur oStJ u •h.o.nl rNd; tbat mcll ute iJJ~W'8I'lW pnwiftd thatl~iUft~pIywit. a,pJbbJ~South Dakot:& l.iAlP' and J'1!gItiatloll9 ad1rit:& such COftditiGftlt:, ftgII"lfon~ altd I'fttrictionsas tst:ablfllhed by 'Del(j~OmntyB~.,SDperintmdtnt; and tbat ,sf'atT DR

hMiA mte~ fJIe!mn8teJt~agres~ ~re, Immed'.tdy 3fftr lIIbted me, to iJl~

tia~t)"of'l'.heKtngtibuty COIInt7~SoPf!tinftndbt Dr" Jab DelIgnt!e, nidltlgbW~ to tk rmtdItion usm.lJ.- DeRmrf RHdlmpRdon..1t. De lm'ftitteetsfaifnrtl q comply witA .".lialbJeSenath.... law ..... nptdoitlor theondiCf6ft1,~tJatirm~ and mtriditJD!): IS ~1IIishedb1 DeKfng!lnn'y C'otIDf;y Jl'"Jgh",~Sapl:rln1emlafWI'" nsnlt fp"the pt!1I ,0Irit1W!d lde- btfAgim"~wIflldnwn.

IN Wl'INl'SS HEREOF.; the S'lIid partfeJ~ hwft a1lJed ttlis~~ in"ll! llipld !bytheir~~ l!ImJ dbly ,sothon-d~TransCanada Keystone Pipeline> LP by its agent TC Oil Pipeline

:-t~on5_!~C'~=~~

~=ry S~ofmp. 'Kerwin Kn!ltad, KC)'lltnDC Pipeline J?rojcct ;Ul19 W Biglntray J4

Addrs 1509 NW Tiffuny Springs .Parkw1ly Snite 200 Jk8~ StHJth P.rte.- 57231• Knnsl1l:City.MO 64153 ~91

KINGSBURY COUNTYUTILITY PERMIT

Whereas Kingsbury County; SO referred td\as "Grantor", does n.ow grant toTransCanada Keystone Pipeline;, LP of 7509 Tiffany Springs Parkway,Northpointe Circle II, Suite 200~ Kansas City, MO 64153, "Grantee," a utilitypermit to cross all county roads necessary for the installation of the KeystonePipeline.


1. The utility shall' be placed at a minimum of 48 inches below the surface.2. The utility shall be placed below the surface of any blacktop or

maintained gravel road by means of pipe or boring tool.3. All trenches and excavations shall be carefully backfilled so as to



5. If Grantor chooses to excavate in the area where the utility is located,Grantee shall move the utility at its own expense and upon Grantor'srequest to do so. .


Dated: lJ I1UoY

Granto~

BY:~)~_ChairmanKingsbury County Commission

Dated: /2 -2. 7- J. c::x:ri?

Grantee:~ --,

By:q1t~4'~Mark F. Wattier, Senior Land AgentTransCanada Keystone Pipeline, LP


See attached sheet for summary of county roads:


KINGSBURY COUNTY

LIST OF COUNTY ROADS FOR ROAD CROSSING PERMIT

418th AVENUE - BEADLE COUNTY/KINGSBURY COUNTY BORDER. ALSO KNOWN ASBEADLE COUNTY ROAD #39 - PAVED. ROAD IS MAINTAINED BY BEADLE COUNTY.

215th STREET - KINGSBURY COUNTY #6A - PAVED

218th STREET - KINGSBURY COUNTY # 17 - GRAVEL

. NOTE: STATE ROADS ARE NOT INCLUDED AS THE STATE ISSUES PERMITS TO CROSS THEIRROADS.

WEST ESMOND TOWNSHIPUTILITY PERMIT

Whereas West Esmond Township, Kingsbury County, SO referred to as"Grantor", does now gr~nt to TransCanada Keystone Pipeline, LP of 7509Tiffany Springs Parkway, Northpointe Circle II, Suite 200; Kansas City, MO64153, "Grantee," a utility permit to cross all roads necessary for theinstallation of the Keystone Pipeline.


1. The utility shall be placed at a minimum 'Of 48 inches below the surface.2. The utility shall be placed below the surface of any blacktop road by







Dated: ).2. ~ 3/- 0 f? Dated:

Grantor:

By:!JeJl R;J!6ChairmanTownship BoardOf Supervisors

Grantee: 14hBy: :lIt//'/;;/;Z;;s-





WEST ESMOND TOWNSHIP, KINGSBURY COUNTY

LIST OF TOWNSHIP ROADS FOR 'UTILITY PERMIT

/Y} C4 " 11 fa" n I!! j. /0,0oy Iro Zu 0/ S

2111h STREET - South Half ~.

2121h STREET

2131h STREET

4201h AVENUE

2141h STREET

2161h STREET

217 th STREET

42151 AVENUE

2191h STREET

220th STREET - North Half rn 4 /fj T. I 'n e J .6 '! Th/fJ



THIS AGREEMENT, made and entered into this .3 /sf day of Dr:. cefiJ,ber,2008, by and between w~57 Township, ("Township"), and Ira-liS Cruade:t("Contractor"). £Shll7l1()1. .Key>l;lJe ;''I'e»,ill~. J L;O




NOW, THEREFORE, in consideration ofthe terms, conditions, and covenants containedherein, it is mutually agreed as follows:

I. PURPOSE:


2. DEFINITIONS:


B. Township Road. "Township Road" means a street, road, or other public way,including shoulders, designated for the purpose of vehicUlar traffic and under thejurisdiction ofthe Township.



- I -




The Township hereby agrees to the Contractor's use of the haul roads covered by thisAgreement subject to the conditions contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the Township or any other'governmental entity may require to operate or move its vehicles on township roads. ThisAgreement shall not serve to relieve any operator of a Contractor's vehicle fromcomplying with applicable speed limits, weight restrictions, or other posted restrictions.

Any improvements to or widening of the road necessitated by the Contractor'soperations, including modification ofroadway approaches to accommodate transportvehicles, shall be considered incidental to the hauling performed, shall be made at theContractor's sole expense unless otherwise authorized in addendum to this Agreement.Any such improvement shall be authorized by Township permit.

4. GENERAL TERMS:



b. Severability



The definitions in this Agreement shall control the meaning ofterms used herein. Whereno definition is expressly stated herein, a term shall have that meaning clearly indicatedby, or reasonably implied from, the context in which such term is used.

d. Notification


- 2 -


Da)e Ke,"I/y -S'1er l/ I 'S

41 q / '7 2 JB S't

'f f 0 cz. U 0 ;' s,S () 6-? '3 6;;b06-- !J-lj t - 22.82-

or


Kerwin KostadKeystone Pipeline Project7509 NW Tiffany Springs Parkway Suite 200Kansas City, MO 64153T-elephone: (816) 880-4609 x '133



Township

Da /e . /~ e." 1/y

Title:

Signed:

Name:Lauri NewtonAssistant Secretary

Signed:

Title:

Name:

Signed:

Name:

Title:

,.,-.J-

Kingsbury County Building Permit Application

Date: ---,:=-_

TransCanada KeystoneApplicant's Name Pipeline, LP

Permit Application Number _Kerwin Kostad

Phone Number (816) 880-4881 Cell Number (701) 490-0987

Address 7509 NW Tiffany SpringS Parkway, Northpointe Circle II, Suite 200, Kansas City, MO 64153

Contractor's Name Michels Corporation(if different than Applicant)

Phone Number (920) 904-5932 Patrick Heath(if different than Applicant)

Building Type (purpose) or Proposed Use: .. valve site for the TransCanada Keystone Pipeline, including tbirtythree-foot telecommunications tower

Feet from Road Right of Way Line --.lQQ

Legal Description: West One-Half (WY2) of Section 19, Township 111 North, Range 58 West, Kingsbury County, SD

Location of Property: just north of 206th Street, east of County Road 38

Property Site Street Address: -=n""o"'-t=a~ss""ig""n""e=d

(if different than applicant)

Application is for (Check All That Apply)

_-""X"----_New StructureDemolition---

Alteration!Addition---Excavation---

____ Accessory Building ___ Moving

Building Dimensions _

Heating System _

Building Size (Sq Ft) _

Basement Area: None _

Foundation Type _

Partia1 Full _

Project Construction Cost (including labor) $400,000 - $500,000

Front Yard Setback Side Yard Setback Rear Yard Setback _------- ------

Required Application Submissions

o Residential Development in the Agricultural Zone - Documentation showing that the building site meets theminimum lot requirement of two (2) acres.

o Residential Development in the Lake Park Zone - Documentation showing that the building site meets theminimum lot requirement of twenty thousand (20,000) square feet.

o Development in Commercial/Industrial Zoning District - Documentation showing that the building sitemeets the minimum lot requirement of two (2) acres.

o Residential Development - Signed Right to Farm Notice Covenant.o Residential Development - Signed CAFO Setback Requirement Waiver.o Moved Buildings - Signatures as required in Chapter 5.06. ofKingsbury County Zoning Ordinance.o Letter from installer of the private sewage system stating that said system was constructed to South Dakota

Department of Environment and Natural Resources Administrative Rule 74:53:01.o A sketch of the proposed property, showing the following, shall accompany this application:

1. North Direction2. Dimension ofProposed Structure3. Street Names4. Location ofProposed Structure on Lot

{00403527.1 }

5. Dimension and Location of Existing Building on Site6. Front and Side Yard Setbacks7. Olbe.- Information" May be Reqnb-ed ~ ., §~

Site Sketch

See the attached Site Plan.

I hereby certifY that I have read and examined this application and know the information contained herein to be trueand conect. Further, it is hereby agreed between the undersigned, as owner, his agent or servant, and KingsburyCounty that for and in consideration of the premises and the pennit to construct, erect, alter, install, move, excavate,and the occupancy at the structure as above described, to be issued and granted by the Zoning Officer, that the workthereon will be done ,in accordance with the description herein set forth in this statement, 'and as more fullydescribed in the specifications and plans herewith filed: and it is further agreed to construct, erect, alter, installmove, excavate and occupy in strict compliance with the ordinances of Kingsbury County and to obey any and alllawful orders of the Zoning Officer and all State Laws and regulations relating to construction, alteration, repairs,removal, safety and regulations. This pennit is revocable for cause. The permit shall become void unlesssubstantial progress has been made within (6) months from the date of issuance. If completion date is beyond one(I) year, the reason for the delay must be submitted to the Board Adjustment and a request for extension made.

APPLICANT/OWNER:

TRANSCANADA KEYSTONE PIPELINE, LPBy its agent:

::OILprnONSme

I ~NewtOlIts Assistant Secretary

Date'

i I I I r JPermit #~ issued this iL.:=..- day of F.t h r lA £{ YO;;

FOR OFFICIAL USE ONLY

Fee Paid: fi7fi,.CQ Date~l/-r~':""'1'c'-1{)><-~-'-- _Pennit issued; _.-.:!f'"=-~'r'-1"",l?'T"/P~I~ Date: ---:J-=i-'18"'-J-.'1DL'~.L.· _

Permit Expires:--,,~,+-IO::::....L.'Jo~q~ _

Reasons for Denying Pennit:

{00340143.1}

KINGSBURY COUNTY ZONING BOARD

-nva

\ .qjtt

~$

TransCanada Keystone Pipeline, LPISSUED TO: _

P.O. ADDRESS: 7509 Tiffany Springs Parkway, Kansas City, MO 64153

FOR (Type of Improvement): Valve site includill1g 33 foot telecomm. tower

W 1/2 of 19-111-58LEGAL DESCRIPTION: ---------------------

DATE ISSUED: 2/3/09-------

NO. 1661

EXPIRATION DATE: 8/3/09

Zoning Officer 1Jg~.

transcanada keystone pipeline...

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