i -"=. -:-

rage L. or 1..

SEE NOTE 2

~I ~I1-' 1-'0: 0:

~I 0' ~I<l:o. 0 o.0::: 0:: 0:::

Gli Gl Gli

--·1

COV.

wz. ::J PIPELINE

:;:: (MARKER

. ~ ~ j(TEST LEA~4' MIN. lip .

TYP. II

5' MIN'jCOV.

.. '.....,.. ". . ." ". , ;~

SEE NOTE 3

6' MIN.COV.COV. Is' MIN.

COV.

wz::J

PROFILEN.T.S.

NOTES:

1. CROSSING SHALL BE CONSTRUCTED IN ACCORDANCE WITH PERMIT REQUIREMENTS.

2. BENDS SHALL NOT BE PERMITTED WITHIN THE ROAD R.O.W. THE PIPE SHALL HAVE A MINIMUM OF4.0 FT. OF COVER EXCEPT UNDER ROAD DITCHES AS SHOWN.

3. MAXIMUM JOINT LENGTHS SHALL BE USED TO tvllNIMIZE NUMBER OF WELDS IN THE ROAD R.O.W.

4. CONTRACTOR TO NOTIFY RESPONSIBLE PERMITTING AUTHORITY PRIOR TO INSTALLATION.

TYPICAL BORED CROSSING OFCOUNTY ROAD BY UNCASED PIPELINE

PRODUCT: CRUDE OILCARRIER PIPE: 30"0.0. X 0.51S" W. T.,

API SLX-70DSAW PIPE W/12 TO 14 MILSFUSION BONDED EPOXY AND26 MILS URETHANE EPOXY COATING

MINIMUM TEST PRESSURE:' 1,801 PSIGMAXIMUM OPERATING PRESSURE: 1,440 PSIG

CARRIER PIPE TO BE EXTERNALLY COATEDFOR CORROSION CONTROL

PIPELINE TO BE CATHODICALLY PROTECTEDPIPELINE DESIGN AS PER REQUIREMENTS OF PART 195

OF THE CODE OF FEDERAL REGULATIONS(LATEST EDITION)TRAFFIC TO BE MAINTAINED DURING INSTALLATIONPIPELINE TO BE INSTALLED BY BORING TECHNIQUE.

," 7?T'fS; ....,UNIVERSAL

E:NSCO. INC.

' .... SJS 12CZj ~~ !':::~~~2,~daKEYSTONE PIPELINE PROJECT

No.1 DATE II I

REVISIONS

DESCRIPTIONDRAWN BY: UEI

IBY ICHKoIAPPR CHKO. BY:I I I APPR. BY:

10(\TE: 12/19/07 /APPROVED

IOATE: I ----''----;E::-;N;;;'GIN'''''E:;:;ER''''IN';'';::GC'"7M-;-;:A~NA''''''GE;::;:R:-

IDATE": IORAWING NO. I REV.

----.(

'--

page 1 ot"2

APPLICATION FOR OCCUPANCY

OF TWP. ROAD AND RIGHT - OF - WAY

To: The township. board of 1:l.'1~""'-. Township, Britton, South Dakota

Application is madebY:~ &.hctuJI:U t£y.-i1ilJ1/.e. 4o.e~/ L F for

Occupancyof:Se~tion~\\ +-14 ,Township 1"Z~"u .,Range s1tJ

Marshall County, South Dakota lD~ "5\r-e..d

A Sketch showing the approximate location and approximate elevation is to be attached.

The following infonnatil?n is pertinent to the proposed installation:

1. Intended usage: C~ u-~~ a: \ 'i( I' "C2..-\~V\.C- .

2. Size anq Type: 60" jtc...e.-J. .?;pC? "'.... "3. Outside di~eter:· ~'-'

4. Method ofiIistallation: ~~e......

Applicant will ensure the township road and ditch will be properly restored to original condition andthe necessary safety precautions will be taken during construction work. The work to be completed, ifrequired in the future will be at no further expense to the township.. The township board or theirdesignate will detennine, in good faith, when road and ditch are properly restored to originalcondition. Applicant will provide township with proofofliability coverage and shall hold townshipharmless from any claims arising from work done by applicant.

This installation will. comply with the national safety code. A marker sign will be installed whereappropriate~

( ...

(.~

rage L. or 1..

Telephone:(605)448-~517 ~!.~~ .:.P.L t..rv--./t-. . /~i .. '

151r- .0:

01 ~I«0 o.0:: 0:::IJl IJlI

COV.

wZ

::::i PIPELINE$: (MARKER

~ ) (TEST LEAD

4' MIN. !Ip'TYP. il

I SEE NOTE 2

~I

5' MIN'lCOV.

"- .: ."{-:.'~: .. ,".

SEE NOTE 3

6' MIN.COV.

GIr- .0:

~Io.0:::

IJlI

wz::::i

PROFILEN.T.S.

NOTES:

1. CROSSING SHALL BE CONSTRUCTED IN ACCORDANCE WITH PERMIT REQUIREMENTS.

2. BENDS SHALL NOT BE PERMITIED WITHIN THE ROAD R.O.W. THE PIPE SHALL HAVE A tvllNIMUM OF4-.0 FT. OF COVER EXCEPT UNDER ROAD DITCHES AS SHOWN.

3. MAXIMUM JOINT LENGTHS SHALL BE USED TO MINIMIZE NUMBER OF WELDS IN THE ROAD R.O.W.

4-. CONTRACTOR TO NOTIFY RESPONSIBLE PERMITIING AUTHORITY PRIOR TO INSTALLATION.

. TYPICAL BORED CROSSING OF

COUNTY ROAD BY UNCASED PIPELINE

PRODUCT: CRUDE OILCARRIER PIPE: 30"0.0. X 0.515" W.T.,

API 5LX~ 70 DSAW PIPE W/12 TO 14 MILSFUSION BONDED EPOXY AND26 MILS URETHANE EPOXY COATING

MINIMUM TEST PRESSURE: 1,801 PSIGMAXIMUM OPERATING PRESSURE: 1,44-0 PSIGCARRIER PIPE TO BE EXTERN ALLY COATED

FOR CORROSION 'CONTROLPIPELINE TO BE CATHODICALLY PROTECTEDPIPELINE DESIGN AS PER REQUIREMENTS OF PART 195

OF THE CODE OF FEDERAL REGULA TIONS(LATEST EDITION)TRAFFIC TO BE MAINTAINED DURING INSTALLATIONPIPELINE TO BE INSTALLED BY BORING TECHNIQUE.

UNIVERSALENSCO. INC.

\<;;&, IzG2?) ~~ !~~;,::~~~daKEYSTONE PIPELINE PROJECT

No.1 DATE IREVISIONS

DESCRIPTIONDRAWN BY: UEI ,De.TE: 12/19/07 APPROVED

IBY ICHKoIAPPR CHKD. BY: DATE: ------;E::;':N-,:;CI'""NE:::::ER""IN"""C"""M':7AN:-:-:A""'CE;:;;R,.-

I I I I I ~AP;.;.P~R•....:B:.:.:Y:__~D::.:A:;.:TE::...: -1DRAWINC NO. I REV.

APPLICATION FOR OCCUPANCYOF TWP. ROAD AND RIGHT - OF - WAY

To: The township board of e:~~ Township,~ SoUJb DakotaApplication is mad~ by:~;C~da. ~Kws-l-oN..~1pejll1-e _for'Occupancy of Section 2-.111, , Township -J 29 AI I ,Range Sq 4/Marshall County, SouthDalcota . . .

jootA 'Sr-A Sketch showing the approximate location and approximate elevation is to be attached.

The following information is pertinent to the proposed instillation:'

1. futended usage: Crud-e &1 f!pe...Ir'rt -e2. SiZe and Type: 30/1 ,sf-eel f}jCJe.

3. Outside diameter: 30 If

4. Method of insta.Ilation: .Opel?Applicant will ensure the township road and ditch ""ill be properly restored to ori~ conditionand the necessary safety precautions will be taken during construction work. The work to becompleted, if required in the future will be at no further expense to the township. The townshipboard or their designate will determine, in good faith, when road and ditch are properly restoredto original condition. Applicant will provide township with proof ofliability coverage and shallhold township harmless from any claims arising from work done by applicant.

This installation will comply with the national safety code. A marker sign will be installed whereappropriate.

Recommended for Approval Submitted: -----,LI-----;o-----

Engineer-DeSi&fJltZLL~7. -.2. 'I ~:2 &c:>R

Approved: -:---~~~====;:::--?~--:--/I----r---'-------~

Telephone: (605) 448-

Haul Route Agreement

TIllS AGREEMENT, made and entered into this d8"!..!.. &'yof flUHL'f; .. _20..Q1'., by and between BArES TownShip, ("Township"), and V an( C.h.,,~~<':??oH{:(Jlfejilte---,Lf("Contractor").

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

. township roads; and

WHEREAS, the Township is re~ponsible for constructing, altering, improving, and .maintaining 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 ofTownsbip 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 containedh~rein, it is mutually agreed as follows: .

1. PURPOSE:

. This Hatil Route Agreement shall be completed for existing, new, and expanded haulingoperations that may cause accelerateddeterioration·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 rou~e 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 ofthe 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.

- 1 -

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 tIiat, 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 asa haul route, assumes responsibility foradditional maintenance and signing costs on such roads resulting from its use ofsuchroads as a haul route.

The Township hereby agrees to the Contractor's use ofthe haul roads covered by this ­Agreement 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:

a. Compliance with Laws and Regulations

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

b. Severability

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

c. Scope and Construction ofTerms

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

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

-2-

On behalfofthe Township:

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

Kerwin KostadKeystone Pipeline Project7509 NW Tiffany Springs Parkway Suite 200Kansas City, MO 64153Ph: 1-816-880-4609 ext. 133Cell: 701-490-0987 Fax: 1-816-880-6612email: kkostad@donellis~associates.com

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

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

Township

Signed:

Name:

Title:

Lauri NewtonAssIstant Secretary

Signed:

Name:

Title:

~

II M

Signed:~C~Name: John Hunt

Land ManagerTitle:

- 3 -

Ha~!il Route Agreem13XJt

TI-rrs AGREEMENT, made and entered into this -'.£ tb day of tru Iy ,, f'20.QIby and between f.2'III,I~tJl ToWuship, ("TownsIrip"), and 7?,iJ,~cltvhit,e-;:'f?e-tw~ j..

C"Contraetor"). ' , '

WHEREAS, the Contracto~ plans to use town,ship road.~ in tl<Ul8Porttng any item,including but not limited to pl'Oducts, equipment? m.atecials, and/or supplies ovel'township roads; and

WHEREAS~ th~ l'ownslrlp is responsible for cOillitructing, altering, impro'v.ing, andmaintaining township roads under the supel."Vision and direction ofthe P.ublic WorksDirecto.t' and/or the Township Engineer; and

, WHEREAS. the Township and the Contractor ~:o.Ucipate ~at as a result of theContractor's use ofTow:u.ship toads, accelerated deterlorationmay occur. Thus, tepairsor improvements may be requjred and additional maintenauce expenses may be incurredby the Townslrlp; and. '

NOW, THEREFORE, in considera.tion ofthe term.s, conditions) ~l11d covenants contained11l.~roinJ jHs mutually agreed as follows:

1. PURPOSE: .

This Haul Route Agreement shall 'be completed for existU'lg, new, and expanded haulingoperatlotl~ that may cause aoc~lGraCed'deteriomil)n oftownship roads. These hauJ,lngoperations shall include but not be limited to: contractors a1ld developers.

2. DEFINITIONS:

A. Additional, Maintepance. .IAdditionaJ. Maintenance" means grading, reshaping,repair, and/or modifioation performed on Township roads in excess oftbe sameope:w.UOM perfol'l11ed as routine mamte/;lallC6 by the Townsbjp.

B. Township R"OB&1 "Township Road" means a sh'eet, rQad, OJ' other public way,including shoulders. designaled 'tor the purpuse ofY\Olhteular traffic and 'under the

,jurisdiction oftbe Township.

C. Haul ,Road.. "I-raul Road." means any Townshi,t' road, bridge, or other structttrewhich is used 10r transpo.rting itew$ including, but not 1i.tuit~d to products,equipment, materials. and/or supplies and~ .8. i'e~.ult incUl'S deterioration.

D. klaul Route. "'Haul Route') means thl;l system ofbaul ~oads between a source'site aJ:!.d the destination and/or tho so\l.t'ce site and the nearest~jor intersecilon asdetenn.ined by the 'l'ow.ushlp. '

- 1 •

E. Improvements. "Improvements" m~an roadway improvements r.equired. by theDirector because ofthe COl1l.ractor's use ofthe haul road..

3. GENERAL AGREEMENT AS TO ROAD USE: .

Tlje ContJ:B.otor understands and agrees that, although the huul roads covefeld hy thisAgl.'eement are on tbl~TOWl15hip Road System and are subject to nonna[. iTaf:fic use theContractor, by virtue ofits llse oftheroad as a haul rou.te~ assumes responsibility for.additional maintenance and signing oosts on such roads resulting front Its use of su¢hronda as ahau.! roUte.

The l'ownshiV hereby agrees to the Contraotor's use ofthe haul roads coveredby thisAgrc~ment su~jeot to the conditions contained hetein. The Con:i:r:actor shallbenlsponsible for. obta111ing any other permits ot licenses which the ToWnship or any othergovernmentnl entity may :require to Qpel'ate or move jts vehicles on tow.Jlship roads. TltisAgreemell.t shall not serve to relieve any opexator ofa Contractor's vehicle fromcomplying with applicable speed limits, weigb.t restrictions, or otIter posted restrictions.

Any improvements 1:0 or widCJ1ing oftheroud necessitatecl by the Corrtl'actor'soperations, including moclli1catiQll ofJ'oadway approllOhes to alXlommodate tl'm1SPOftvehicles, shall be c(mside1'ediu.ci,denral to thehal.l1ing performed. shall be·made at theContracror~s sole expense l,1.11lesB otherwise authorized in addendU111 to this Agreemellt.Any SIlch improvement shall be authorizedby Township permit. .

4. OENERAt TBRl\o1S:

a. Compliance wtth Laws and Regulations

The Conqactor shall oomply with aU Federal, State. ~d local laws and regulations.

b. SeverabiHty

Ifany portion ofiliis Agreement is h~ld invalId it shall have no effect ~pon the validityofthe remaining portions oftM3 Agl·eeme,,~~. .

c. Scope and Consttuction ofTerms

The definitions in this Agreement allaH control the meaning ofterms used heJ:ein. Whereno definition Is expressly stE\.ted herein> a fetID shall have that meaning cklarly indicatedby, or reasonably implied fronl, the context ill. whiCh suchterm is used,

d. Notifioation

All.notices and oral or written COll.1nlU1Ucatlol1S relatin$ to this agreemellt may beforwar.ded tQ:

On behalfofilia Township:

__J)rtt..':6 l~?£"t~'_

~,-

On behalfofthe TRANSCANADA KEYSTONE PIPELINE, LP, by its aget\.4 TC OILPIPELINE OPERATiONS mc.

Keystone Pipeline Project7509 NW Tiffany Springs ParkwayNorthpointe Circle II, Suite 200Kansas City, MO 64153

IN W1T.NESS WBEREOFi the Patties hereto execu:J:ed fhis Haul Route Agree.mem asofthe fust date hereiIuabove written.

TRANSCANADA Tc.EYSrONE l'.Il'.Er.1NE, Ll."~ ByIts AgQht. 'OC OIL plPID,IN-m OJ;'ERATlON9 INC.

TOWD.'Jh.tp

Signed:

Name:

Title:

Signed~

N~lll,e:

Title:

L8tHi Ne,.b:lliAssistant Secretary

-3-

Signed~

Nam.e:

Title:

APPLICATION FOR OCCUPANCYOF TWP.ROAD AND RIGHT - OF - WAY

To: The township board of ,P;1'm; IJfj/ol[ . Townshi ,~fI:te~Application is made by: --J :. d< - ff,Occupancy of:. Section /'12 I tl,3. , TownshiP--l-7J.......'1-:"-_t/.....:- -:J

Marshall County, South Dakota' . _

/2 '1th sT

forS9-k/.

A Sketch showing the approximate location and approximate elevation is to be attached.

The following information is pertinent to the proposed installation:

1. fntended usage: ~Yc.rd-e 621 f}jJe.-Ir'rr e2. SizeandType: 30/1 6/eel f?'jJe.3. Outside diaineter: 30 If

4. Method of installation: C1>{'",..> "'"~t-- 1);(.~ ·Applicant will ensure the township road and ditch will be properly restored to ori~ conditionand the necessary safety precautions will be taken during construction work. The work to becompleted, if required in the future will be at no further expense to the township~ The townshipboard or their designate will determine, in good faith, when road and ditch are properly.restoredto original condition. Applicant will provide township with proofof liability coverage and shall·hold township harmless froiD. any claims arising from work done by applicant.

This installation will comply with the national safety code. A marker sign will be installed whereappropriate.

Recommended for Approval

Telephone: (605) 448-

Submitted: .

Engineer-Desi:p;eZ~-

Skf f;; r- .v~.s EJ Ie

CLARK COUNTY HIGHWAY DEPARTMENT. PO BOX 294

'CLARK SD 57225

PH. 605-532-3667.0FFICE or 605-532-3616,SHOP.FAX 605':'532-5931

July 22J 2008

Attn: Trans Canada Pipeline

You have Clark County Highway Departmenfs permission to construct an approach on CountyRoad #35 in Clark County South Dakota.

JOh~Wardson, Highway Supt.

rJlV'- U5et e1vW- ('0 j)O '"d ~ 5 t'e. ""'- uh+ to Azulp;:p e- :z:A." ,.0./1(/ ~1/5e(!' {Yer~K- & - RlJ..-li/1 efll'l.Ly '.'

: < .J).r~1 (Jo'!l4lLcL .~ Ill], t;Jy//-q)~ ;?exd. J b/'f-dft }1.s .-

: fj;2.;N.e.,( 6,pO.) 5 a::; .117 e edQd

ii! .,

. i

Haul Route Agreement

TIllSAGREE~T,made and entered into this J01 tA day of A~~USf , . . J-P20~by and between Cl<u}2.. County, ("County"), and Ti'C'lJS c,llatda. )(~,rp~/le Ate!, he..1("Contractor"). . '

wHEREAS, the Contractor plans to use county roads in transporting any item, includingbut not limited to products, equipment, materials, and/or supplies over COQD.ty roads; and-

. ,

WHEREAS, the Countyis responsible for constructing, altering, improving, andmaintaining county roads under the supervision and direction ofthe Public WorksDirector and/or the County Engineer; and

WHEREAS, the County and the Contractor anticipate that as a result ofthe Contractor'suse of County roads, accelerated deterioration may occur:. Thus, repairs or improvementsmay be required and additional maintenance expenses may be incurred by the County;and '

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

1. PURPOSE:

This HaUl Route Agreement shall be completed for existing, new, and expanded haulingoperations that may cause accelerated deterioration of county rOi:J,ds. 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 County roads in excess ofthe sameoperations performed as routine maintenance by the County. '

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

C. Haul Road. "Haul Road" means any County 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 County.

- 1 -

E. Improvements. "Improvements" mean roadway improvements required by theDirector because of the Contractor's use of the 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 County 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 cif suchroads as a haul route.

The County hereby agrees to the Contractor's use ofthe haul roads covered by thisAgreement subject to the conditioils contained herein. The Contractor shall beresponsible for obtaining any other permits or licenses which the County or any othergoverilmental entity may require to operate or move its vehicles on county roads. ThisAgreement shall not serve to relieve any operator ofa Contractor's vehicle fromcomplying with applicable speedIimits, 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, shallbe considered incidental to the hauling performea shall be made at theContractor's sole expense unless otherwise authorized in addendum to this Agreement.Any such improvement shall be authorized by County 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

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

c. Scope and Const:nlction 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 mdicatedby, orreaso~ably 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:

_'J_

IJ l .

ftpoltihotO'f .:f6D JJ-1caL.J"'7

tPtJS-SlJ -,?6t? 7 (!)r/'- t!-e/I /e:;{)5-;}33 -{)3J9·

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

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

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

.County

Title:

lJ%~Kelly.l .lameson

Title:

Signed:

Signed:---'-~-L--b'--------

Name:

Name:

Title:Secretary

- ~ -

---CLARKCOUNTY

CONDITIONAL USEJVARIAi'lCE APPLICATION

, PERivUT NUMBER L.LL Ie -()rAPPLICANT (PRlL'lT): TransC:mada Kevstone Pipeline, LP PHONE: J.l(8,,-,1~6!-)~88""O,-.4"",8,,,,8:.:..1 _ADD,RESS: 7509 NW Tiffany Springs Parkwav, Northpoime Circle II. Suite 200: Kansas City. MO 64153OWNER (PRINT): ,Walter Family Limited Partnership PHONE (605) 336-3890 do Beth LewisADDRESS: 300 S. Phillips Ave" Ste. 300, Sioux: Falls, SD 57104 cIa Beth Lewis

lJWE, THE UNDERSIGNED. DO HEREBY PETITION THE BOARD OF ADJUSTMENT OF CLARK COUNTYSOUTH DAKOTA, TO ISSUE A 'CONDITIONAL USE PERl\Ul1 OR VARIAN'CE FOR THE PROPERTYDESCRIBED AS: (CIRCLE APPROPRLA.TE)

LEGAL DESCRIPTION (please print or type): ,,.;r---".,..~, ....-- Wa.l"~ .

,027 acres in the Wll:!. of Section 20 and the NW'A of Section 29, T6wnship 119 North, Range 59 West of the 5th

P.M., Cla:k County, Somh Dakota ~ ,/

PARCEL NUMBER:GENERAL AREA OR-ST-RE-E-.T-A-n-O-RES--S-:-=-:0:ff~of--,1..:5-'!Jgt~h~S~tr=-,e~o.!:.t _E."{]STING LAND USE: Agricultural EXISTING ZONlNG: AgriculturalBIZI'; OF PARCEL: ACRES .027 ~OTDIMENSIONS; WIDTH 30 ft .LENGTH-1QJLDEPTH __SURROUNDING LAND USE NORTH: Agriculturnl

SOUTH: AgriculturalEAST: AgriculturnlWEST: Al!.riculrumI

PLEASE DESCRIBE WHAT YOU PROPOSE TO DO At~D WHY YOU ARE SEEKING A CONDITIONALUSE PERJ."IlT (attach·a separate sheet of paper if necessary)

Construction of Trnnscanada Keystone Pipeline requires valve sites.

IF YOU ARE SEEKING A VARIAt'fCE PLEASE PROVIDE A BRIEF STATEMENT OF THE VARIANCEDESIRED AND PLEASE STATE THE HARDSHIP REQUIRING RELIEF. (proof of hardship is on theapplicant - Hardship examples are odd size or shape of the lor. unusual topography, etc. attach a sepamte sheet ofpaper if necessary) .

Signature of Appllcant(s): TRANSCANADA KEYSTONE PIPELINE, LP

By its agent:TC OiL PIPELINE OPER;\TrONS INC,

By pt~'Its ~..----..;;-:-::-::::!,=~ _

Bi,,·~e~$eCr8t8rY

Note: A sketch ofproposed propeny shall accompany this application, showing the fcHowing:

[00339055.1 ]

j

Location of Proposed Structure On Lor.Dimensions of Fronr and Side Set BacksLocution of Adjacent Exisring Buildings

5.6.7.

1. North Direction2. Dimensions of Proposed Strucrure3. Street Names4. Other Informarion As May Be RequestedTHE BOARD OF ADJUSTMENT.MAY REQUIRE :fHAT SUCH PLANS BE PREPARED BY A REGISTEREDENGINEER OR LAt'ID SURVEYOR.

"''''PLEASE USE THEA.ITACHED SKETCH INn-RUCTION SHEET FOR AN EXAMPLE.

[00339058.1)2

.~RPORATED AREAS OF CLARK cOUNTY . PEfuVl1T NO. /JJ- oj.ZONlNGIBUILDING PERMIT APPLICATION

APPLICANT:

Name: TransCanada Kevstone Pipeline, LP Phone: (816) 880-4881

. SITE PLAN• Attached

Address: 7509 NW Tiffanv Springs Park"-.vav, Northpointe Circle II

City: Kansas City, MO

PROPERTY INFORMATION:

Legal Owner: Walter Familv Limited Partnershin .

Zip: _....;6><..4,..,1.:::.:53 -'-

. Legal Description: __N~W~V.:!-..- __>

Section: _---=2""-9 Township: 1t9N Range: 59W

ParcellD: _

Zoning Class: _'~A",,"g CU: _

TYPE OF IMPROVEMENT:

Variance: _

• New Buildingo Remodelo Move OnlRelocateo Other/Specify

o Additiono Mobile Homeo Change In Use

CONTRACTORSIDESIGNERS

Use: Valve site for the TransCanada

Kevstone Pipeline

Type of Construction:-"N-,-"e:..:.:w~__ General: Hichels Corporation "(605) 225.,.0203

Sewer: N/A Plumbing: N/A

Length: ---,.- Width: Height: _ Architect _

[, THE UNDERSIGNED, DO HEREBY AFFIRM: THE ABOVE STATEMENTS ARE TRUE AND CORRECT AND AGREE TO:::OMPLY WITH THE PROVISIONS OF THE REGULAnONS OF CLARK COUNTY AND ANY APPROVED PLANS AND3PEClFICAnONS ACCOMPANYING THIS APPLlCATION. THE PROPOSED WORK IS AUTHORlZED BY THE oWNER~ND 'AUTHORIZATION TO ENTER THE PROPERTY FOR INSPECTION AND ASSESSJ'vIENT PURPOSES IS HEREBYJIVEN TO THE AUTHORIZED REPRESENTATIVES OF CLARK COUNTY.

OWNER o CONTRACTOR • OWNER'S REPRESENTATNE

RANSCANADA KEYSTONE PIPELINE, LPy its agent:: OIL PIP

:s

ht~it5Je~n-e+--ls -ell~-son

:e: '1/Zr-j.::.'1 SecretaryI I

40330.11

o DISAPPROVED.

CLARKCOUNTYCONDITIONAL USEIVARIANCE APPLICATION

PERi."[~TNUMBER CUe; "C.J8

APPLICANT (PRINT); TransCanada Kevstone Pipeline, LP PHONE; ..,(8,-,1",,6..:...)""88""'0-4=8""8'-'-1 ---:-_ADDRESS: 7509 NW Tiffany SoriMs Parkway. Northpointe Circle n, Suite 100: Kansas City. !VIO 64153OWNER (PRlNT}: FranCis H. and Deborah J. Hass PHONE (605) 336-3890 c/o Beth LewisADD~SS: 300 S. Phillips Ave.. Ste.. 300, Sioux Falls, SD 57104 c/o Beth Lewis

IIWE, THE UNDERSIGNED, DO HEREBY PETITION THE BOARD OF ADJUSTMENT OF CLARK COUNTYSOUTH DAKOTA, TO ISSUE A!CONDITIONAL USE PERiyUjj OR VARIANCE FOR THE PROPERTYDESCRIBED AS: (CIRCLE APPROPRIATE)

LEGAL DESCRIPTION (plense print or type); .t..oq-q,,· . .

.027 acres in the NE1.4 of Section 17, Township 116 North. Raru!e 59 Westof the Sib P.M., Clark County.South Dakota

PARCEL NUMBER: _

G&~ER.AL AREA OR STREET ADDRESS: ~O~ff.!.-'o~f....!I..!..74Z!th~S.!:!.tr~ee::.t _EXISTL.~G LAND USE: Agricultural' EXISTING ZONING: AgriculturalSIZE OF PARCEL: ACRES ..027 LOT DIMENSIONS: WIDTH2Q1L LENGTH-=!!LfL DEPTHSURROUNDING LAND USE NORTH: Agricultural

SOUTH: AgriculturalEAST: AgriculturalWEST: Agricultural

PLEASE DESCRIBE WHAT YOU PROPOSE TO DO AND WHY YOU ARE SEEKL.~GA CONDITIONALUSE PERMIT (attach a separate sheet of paper if necessary)

Construction of Transcanada Keystone Pipeline requires valve sites.

IF YOU ARE SEEKING A VARIA.."'ICE PLEASE PROVIDE A BRIEF STATEMENT OF THE VARIANCEDESIRED AND PLEASE STATE THE HARDSHIP REQUIRING RELIEF. (Proof of hardship is on theapplicant - Hardship examples are odd size or shape of the lac; unusual topography, etc. attach a separate sheet ofpaper if necessary) .

Slgnat~re of' Applicant(s): TRANSCAl"lADA KEYSTONE PIPELINE, LP

By its agent:TC OIL PIPEUNE OPERA.TIONS INC.

J~/) . (B~ts ~~~~:-...:.---

Bi"~Nate; A sketch of proposed property shall accompany this application. showing the following:

(00339057./ I

li 13·0 J'

..\ ....

I. North Direction 5. Location of Proposed Structure On Lot2. Dimensil:lfis of Proposed Structure 6.' Dimensions of Front and Side Set Backs3. Street Names '7. Location of Adjace,.nt Existing Buildings4. Other Infannation As May Be Requested .THE BOARD OF ADJUSTtv!EJ.'\j'T MAY REQUIRE THAT SUCH PLAL"fS BE PREPARED BY A REGISTEREDENG~RORLAL~Su~VEYO~'

*"'PLE.-\SE USE THE.-\ IT.KHED SKETCH lNSTRUCfION SHEET FOR AN £....(AMPLE.

FOR OFROAL· USE ONLY

IMTE ALED WITH ZONING AD~lINTSTRA TTVE. OFFIClAL; r /1~rFEE PAID (NON-REA.,rNDABLE): V S N-n",..----'-­DATE OF HEARING: ----------,~""'--ll:"'-_H_.aJe,.;,_---

ACOO'BYBOARDOFAmUSTMENT ~ftr' . . ~(~(~

7-; -Ou

t00339058. [ }2

PE~llT NO. If cr:fU;iNINCORPOR.L\TED AREAS OF CLARK COUNTY

ZONINGIBUILDL'lG PERi'VrrT APPLICATION .

Iill

APPLICANT:

Name: TrnnsCanada Kevstone Pipeline. LP . Phone: (816) 880-4881

SITE PLAN• Attilched

Address: 7509 NW Tiffanv Springs Parbvav, Noithpoirite Circle II

City.: Kansas City, MO

PROPERTY INFORMAnON:

Legal Owner: Francis and Deborah Hass

. Zip: _....;6""4w.l=:.53~__......:

Legal Description: __NE~.!.l~'-- -->

Section: _-.AI..J...7 Township: 116N Range: 59W

Parcel 10: _

Zoning Class: --:..A""'!!"--__CU: _

TYPE OF IMPROVEMENT:

Variance: _

• New Buildingo Remodelo Move OnlRelocateo Other/Specify

o Additiono Mobile Homeo Change In Use

CONTRACTORSIDESIGNERS

Use: Valve site for the TransCanada

Kevstone Pipeline

Type of ConstrUction:--=N-'-'e""'w'-- _ General: Michels Corpor:ation(605) 225-0203

Sewer: N/A Plumbing: N/A

Length: Width: _' Height, _ Architect: _

1, THE UNDERSIGNED, DO HEREBY~AF.FIRM: THE ABOVE STATE1'vfENTS ARE TRUE AND CORRECT AND AGREE TOCOrvLPLY WITH THE PROVISIONS OF THE REGULATIONS OF CLARK COUNTY AND ANY APPROVED PLANS' ANDSPECIFICAnONS ACCOMPANYING THIS APPLlCATION, THE PROPOSED WORK IS AUTHORlZED BY THE OWNERAND AUTHORlZATION TO ENTER THE PROPERTY FOR INSPECTION AND ASSESSMENT PURPOSES IS HEREBYGIVEN TO THE AUTHORlZED REPRESENTATIVES OF CLARK. COUNTY.

DOWNER o CONTRACTOR • OWNER'S REPRESENTATIVE

TR..A.NSCANADA KEYSTONE PiPELINE, LPBy its agent:TC OlL PIP INE 2'ERATIONS rNC.

By 67~Its Assrstant Secmtacy

0PPROVED

I n014nI39.l\

o DISAPPROVED. Date ----=-.7---:.,-IJLd-!!.?__-

LEGAL DESCRIPTION (Please print or type):

(J Awvlv. CJ,;'1fJ~";/Y1 ~. ~ IliJp~

II lfC' pc)

CLARKCOUNTYCONDITIONAL USEIVARIANCE APPLICAnON

PER;-vnT NUMBER.t.!:!...O- 0 rAPPLiCANT (pRIN"T); TronsCanada Keyst~ne Pipeline. lP PHONE: ~(8,w1~6J..)!!!S8<.!oQ.4=8~S~I _ADDRESS: 7509 NW Tiffany Springs Parkwa.v. Norrhpointe Circle II. Suite 200: Kansas City. MO 64 [53OWNER (PRINT); Donald R. and Annaberh R. .\me PHONE (605) 336-3890 c/o Beth LewisADDRESS: 300 S. Phillips Ave.. Sre. 300, Sioux Falls, SD 57104 cIa Beth Lewis.

lIWE, THE UNDERSIGNED, DO HEREBY PETITION THE BOARD OF ADJUSTMENT OF CLARK COUNTYSOUTH DAKOTA. TO iSSUE A!cONDITIONAL USE PERivn] OR VARIANCE FOR THE PROPERTYDESCRIBED AS: (CIRCLE APPROPRIATE)

'1t:8'Jvz,Jo..

.027 acres in the SY2SWI.4 of Section 2[, Township liS North. Range 59 West of the 5th P.M., Clark County.South Dakota

PARCEL NUJ\.ffiER: _GENERAL AREA OR STREET ADDRESS: -'O:<.>f....f o",-,f--"CR~-4~5,-- ---, _

EXISTL'fG LAND USE: Agricultural EXISTING Z.ONING: AgriculturalSIZE OF PARCEL: ACRES .027 LOT DIMENSIONS: WIDTH 30 it·· LENGTH -=!Q...fL. DEPTH__SURROUNDING LAND USE NORTH: Agricultural

SOUTH: AericulmralEAST: AgriculturalWEST.: Agricultural

PLEASE DESCRIBE WHAT YOU PROPOSE TO DO AND WHY YOU ARE SEEKING A CONDITIONALUSE PE~nT (attach a separate sheet of paper if necessary)

Construction of Transcanada Kevstone Pipeline requires valve sites.

IF YOU ARE SEEKING A VARIANCE PLEASE PROVIDE ABRIEF STATEMENT OF THE VARlAJ."iCEDESIRED AND PLEASE STATE THE HARDSHIP REQUIRING ImLIEF. (Proof of hardship is on theapplicant - Hardship examples are odd size or shape of the lor, unusual ropography, etc. attach a. separate sheet ofpaper if necessarY)

Signature of Applicant(s): TRANSCANADA KEYSTONE PIPELINE. LP

By irs agent:.TC OIL PIPELINE OPERATIONS INC.

Bi~ ~Bi"~}~

~"';)~r§ .'Note: A sketch of proposed property shall accompany this application, showing the following:

(00)39058.1 }

Location ofProposed Structure On LorDimensions of From and Side Set BacksLocation of Adjacent Existing Buildings

5.6.7,

I. Nortb Direc(ion2. Dimensions of Proposed Structure3. Street Names .4. Other Information As May Be Reques(edTHE BOARD OF ADJUSTrvIENT MAoY REQUIRE THAT SUCH PLAi'iS BE PREPARED BY A REGISTEREDENGINEER OR LAND SURVEYOR.

**PL£\SE USE T'rr:: ,\ITA CHED SKETCH INSTRUCTION SHEETFOR AN ErXA.'rlPLE,

FOR OFFICIAL USE ONLY

DATE FILED wmr ZONING ADMn'ilSTRATIVE OFfIcw.: f; j)~rFEE PAID (NON.REFUNDABLE): ~ y S N';l\:-::,-- _

.DATE OFHEARlNG:--------,,1-..,.,.""--~~+"~'t_-­ArnON BY BOARD OF ADJUSTMENT:---------1-1----

~flrJL. f>(~(~1-!f -O(J .

{00JJ9058,1)2

71 CORPOR.~TED AREASOF CLARK COUNTY PERl\rfltNO.

ZONINGIBUILDING PERMIT APPLICATION

APPLICANT:

Name:· TransCanada Kevstone Pipeline. LP Phone: (816) 880-488 [

SITE PLAN• Attached.

Address: 7509 NW Tiffanv Springs Par~"av. Northpointe Circle II

City: Kansas City, MO

PROPERTY INFORMATION:

Legal Owner: Donald R. & Annabeth R. Arne

Legal Description: __~Sl~~-",o,,-f~SW~I/.::..· .........

Section:_-.:o2....1 Township: _ ....I....,I5N~__Range: 59W

ParcelID: _

Zoning Class: ~A~g,----__ CU: __'--- _

TYPE OF IMPROVEMENT:

Variance: _

• New Buildingo Remodelo . Move OniRelocateo Other/SpecifY

Cl AdditionCJ Mobile HomeCJ Change In Use .

CONTRACTORSJDESlGNERS

Use: Valve site for the TransCanada Type ofConstruction: General: Michels Corporation-------- (605) 225-0203

__=K=-ev=s=to=ne:.-=-P·=lp=eli=·n"'-"e'------..;---..;__~--- Sewer: NtA Plumbing: _NtA

Length: Width: Height: _ Architect: _

I, THE UNDERSIGNED, DO HEREBY AFFIR1\1: THE ABOVE STATThfENTS ARE. TRUE AND CORRECT AND AGREE TOCOMPLY WITH THE PROVISIONS OF THE REGULATIONS OF CLARK COUNTY AND ANY APPROVED PLANS ANDSPECIFICATIONS ACCOMPANYING THIS APPLICATION. THE PROPOSED WORK IS AUTHORfZED BY THE OWNERA'ND AUTHORlZAnON TO ENTER THE PROPERTY FOR INSPECTION AND ASSESSMENT PURPOSES rs HEREBYGIVEN TO THE AUTHORlZ];D REPRESENTATIVES OF CLARK COUNTY.

DOWNER CJ CONTRACTOR • OWNER'S REPRESENTATIVE

. TRfu"lSCAt.'fADA KEYSTONE PIPELINE, LPBy its agent:TC OIL prPE~RATIONS INC.

By . 'Newtonlts Assfstant Secretary

rnnumd7 II

o DfsAPPROVED Date --!-r-!.-/...:::.)_-~7 _

CLARKCOUNTYCONDITIONAL USE/VARIANCE APPLICATION

. ·PERlVllT NInVl~E~·:·t/tJ 7~o?APPLICANT (pRINT): TtansCanada Keystone Pipeline, LP PHONE: u(8~l~6)L8",-,8,,-,,0,-,-4J:.!8~8~1~. -'---_ADDRESS: 7509 NW Tiffany Springs Parkway, Northpointe Circle II, Suite 200; Kansas City, MO 64153OWNER (PRINT): Donald Arne . PHONE (605) 336-3890 clo Beth Lewis'ADDRESS: 41470 183mStrec::t, Carpenter, SD 57322

IIWE, THE UNDERSIGNED, DO HEREBY PETITION THE BOARD OF ADJUSTMENT OF CLARK COUNTYSOUTH DAKOTA, to ISSUE A .ICONDITIONAL USE PERMTIj OR VARIANCE FOR THE PROPERTYDESCRIBED AS: . (CIRCLE APPROPRIATE)

LEGAL DESCRIPTION (please prin....t_o;..r:;;typ::::::::e:::==-_~_-:-

Pitlt(~L NUMBER: _

GENERAL AREA OR STREET ADDRESS: Northeast corner of the intersection of 182nd Street and 4l4thAvenue·EXISTING LAND USE:· Agricultural EXISTING ZONING:~~~~~---:~==--_

SIZE OF PARCEL: ACRES 3.0 LOT DIMENSIONS: WID . 143 DEPTHSURROUNDING LAND USE NORTH: AgriciJltural

SOUTH: AgriculturalEAST: AgriculturalWEST: Agricultural

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

-::::k Construction ofTranscanada Keystone Pip~1ine requites pipe staging area and storage yard.I

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

Signatur..e of APPlij)a(s): TRANSCANADA KEYSTONE PIPELINE, LP

By its agent:TC on.. PIPELINE OPERATIONS INC.. vvV . . ., ..

.By

~) By 1~C\1~. . ' Its C:=Jj)..."f.i:Sechl-61-i~,

Note: A sketch of proposed property shall accomp~ny this application, snowing the fono:'

[00337206.1} J..J f-' {.AJ:IJ ha.lIofL,

'AP NO ~ -J IIwvl f01;il rJ-> {;J11flfi /J I. oaVJJ1J

FOR OFFICIAL USE ONLY

**PLEASE USE THE A1TACHED SKETCH INSTRUCTION SHEET FOR AN EXAMPLE.

DATE FILED WITH ZONINGADMlNIS~ OFFICIAL: 2 -'-d~tJtfFEE PAID (NON-REFUNDABLE): YES =-_'...-_N0

tJr..---

DATEOFHEARJNG: -9./9-<:J~ It) MACTION BY BOARD OF ADJUSTMENT: rr, , P • l-f

Location of Proposed Structure On LotDimensions of Front and Side Set BacksLocation o~AdjacentExisting Buildings

5.6.7.

I1"

Ei

/1f

J!.f"

fi':! North Direction

,2. Dimensions ofProposed Structure,/3. Street Names

4. Other Infonnation As May !=Ie RequestedTHE BOARD OF ADmSTMENT MAY REQUIRE THAT SUCH PLANS BE PREPARED BY A REGISTEREDENGINEER OR LAND SURVEYOR.

/'

[00337206.1 )2

Haul Route Agreement

TIllS AGREEMENT, made and entered into this 2. 7fA - day of )) (,JauS1-, .20 t::8 by and between BeaJ/-e. County, ("County"), and Tra»,s C~naJq l<ey.st"~iJe p;fe J, I'J e .. L- -.("Contractor").

WHEREAS, the Contractor plans-to use county roads in transporting any item, includingbut not limited to products, equipment, materials, and/or supplies over county roads; and

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

WHEREAS, the County and the Contractor anticipate that as a result of the Contractor'suse of County roads, accelerated deterioration may occur. Thus, repairs or improvementsmay be required and additional maintenance expenses may be incurred by the County;and

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

1. PURPOSE:

This Haul Route Agreement shall be completed for existing, new, and expanded haulin~

operations that may cause accelerated deterioration ofcounty roads. These haulingoperations shall include_ but not be limited to: contractors and developers.

2. DEFINITIONS:

A. Additional Maintenance. "Addi~iorialMaintenance" means grading, reshapIng,repair, -and/or modification performed on County roads in excess of the same

-operations performed as routine maintenance by the County.

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

C. Haul Road. "Baul Road" means any County road, bridge, or·other structurewhich is used for transporting items including, but not limited to products,equipment, mateiials, 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 County.

E. Improvements. "Improvements" mean roadway improvements required by theDirector because oithe 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 County Road·System and are subject to normal traffic use theContractor, by virtue ofits use of the road as a haul route, assumes responsibility for.additional maintenance and sigillng costs on such roads resulting from its use of suchroads as a haul route.

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

Any improvements to or widening ofthe road necessitated by the Contractor'soperations, including modificatio.fi 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 iInprovement shall be authorized by County permit. .

4. GENERAL TERMS:

a. Compliance wi~ Laws and Regulations

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

b. Severability

Ifany portion ofthis Agreement is held invalid it shall have no effect upon the validityof the remaining portions ofthis Agreement.

c. Scope and Construction ofTerms

The definitions in this Agreement shall conjrol 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

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

On behalf ofthe Cqunty:

On behalf of the TRANSCANADAKEYSTONE PIPELINE, LP, by its agent, TC OILPIPELINE OPERATIONS lNC.

~SO 9 IVJt) ~. 'ProY]y SPr " h!J. 5 A;-}(vqYNt!'J"tAf~/l)te C,'rJe // I S,,/ie 200

Xa r1S(15 C,'J't. me)" t 'IJ~3,

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

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

County

Signed:

Name:

Title:

Signed:

Name:

Title:

L~lW£h-Assistant Secretary

. Secretary .

- 3 -

Signed:

Name:

Title:

STATE OF SOUTH DAKOTA):SS

COUNTY OF MINER )

BEFORE THE MINER COUNTYBOARD OF ADJUSTMENT

IN THE MATIER OF THE APPLICATION OF ). ) FINDINGS

TRANSCANADA KEYSTONE PIPELINE, LP FOR A CONDITIONAL USE )

FINDINGS

I .That the applicant, TransCanada Keystone Pipeline, LP has made an application for a

conditional use for construction of control and storage buildings for the pump station along theKeystone Pipeline route located in the PS-SD-MN-079 1.0000 Roswell Pump Station Addition inthe SE 1jj SE ';4 20-106-57, Roswell Township, Miner County, South Dakota.

IiThat the proposed use ofsaid realty is specifically prohibited by the zoning ordinance

without applicant first obtaining a conditional use, for which they have applied.

IIIThat upon said application, notice of hearing was given as required by the Miner County

Zoning Ordinance by mailing to the adjoining landowners and by publication.

IV .That hearing upon said application was held on July 1,2008 in the Court Room ofthe

Miner County Courthouse.

VThat the applicant, was represented by attorney William Taylor, JeffRauh, and Roger

Phillips all ofKeystone Pipeline. . '

V[That the following were aiso present: Matt Buck ofWood FUlIer;.Mark Wattier & Paul

Kleist of Ellis & Associates; Larry Calmus Roswell Township Chairman; Dan Wall & RonGolden ofEast River Eled:ric; Loren Noess of Central Electric; Ron Krempges Miner CountyHighway Superintendent; and landowners Sue & Mike Sibson, Gary & Lynette Nutter, and GaryMoschel!..

VIIThat a presentation in support ofsaid conditional use and testimony on behalf of said

conditional use was received at the hearing and testimony in opposition to the granting of theconditional use was received at the hearing. )

NOW, THEREFORE, that application. testimony at the hearing, and arguments ofindividuals at the hearing all having been considered, it is the FINDING of tile Miner CountyBoard ofAdjustment that the application ofTransCanada Keystone Pipeline, LP for a conditionaluse be approved with the conditions ofcompliance with all applicable Federal & State regulationsand that appropriate agreements be made with the county and townships regarding roadmaintenance during construction and operation ofthe pump station, for the following reasons: