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TABLE OF CONTENTS APPLICATION FOR PIPELINE CONSTRUCTION PERMIT.. aL PROJECT PLANS., ‘+ PROJECT OVERVIEW AND INTRODUCTION ‘= PROJECT ROUTE MAPS * PROJECT APPLICATION TO NEBRASKA PUBLIC SERVICE COMMISSION * CONSTRUCTION MITIGATION RECLAMATION PLAN (CMRP) PROPERTY OWNERS NAMES AND ADDRESSES FOR EASEMENTS .. ‘APPROVAL DOCUMENTATION. ‘+ STATE APPROVAL DOCUMENTATION "FEDERAL APPROVAL DOCUMENTATION PUBLIC ROAD & EASEMENT CROSSINGS. * LIST OF PUBLIC ROAD CROSSINGS & CROSS SECTIONS ‘+ PUBLIC ROAD CROSSINGS & DRIVEWAY PERMITS * UTILITIES IN PUBLIC RIGHT OF WAY COUNTY PROPOSED HAUL ROAD MAP... NOTICES OF LOCATION AND LEGAL DESCRIPTIONS. PIPELINE PLANS RELATED TO THE SUBJECT RIGHT OF WAY. ‘ABOVE GROUND FACILITIES .. ‘+ PUMPING STATION (Ps 22) = VALVE SITES 29 DESIGN CAPACITY OF PROPOSED PIPELINE, FLOW AND PSIG... CERTIFICATION OF COMPLIANCE... @) Tc Energy Keystone XL Pipatine 13710 FNB Parkway Sune 300, Onnaha, NE 68154 October 18th, 2019 HAND DELIVERY Mike Durre Holt County Planning & Zoning 49325 E. Shamrock St. O'Neill, NE 68763, Re ‘TransCanada Keystone Pipeline, LP - Application for Pipeline Construction Permit Dear Mr. Durre: Pursuant to its application for a pipeline construction permit, find enclosed for fling as the applicant, TransCanada Keystone Pipeline, LP ("Keystone"), Master Original Binder and 10 additional sets of the following application materials: 1 2 8 Pipaline Permit Application Binder (including Keystone’s executed Application in Binder #020); The envelope enciosed in the Master Copy - Originals Application Binder #020, under tab number 3, marked Confidential and Proprietary containing property owner names and addresses (which Keystone requests be restricted from public access for security purposes as provided in Section 4 of the Pipeline Ordinance); Pipeline alignment sheets. Keystone believes that the enclosed materials provide all ofthe required documents under Section 2.1 of the Pipeline Ordinence and the form of Apolication, as well as additional information that will assist in evaluation ofthe project. Itis our understanding thatthe Application will be considered by the Planning and Zoning Committee a ts meeting on October 28th. Please lat us know if you see any deficiencies in the materials provided so that we may have an opportunity ta comrect/supplement the Application and related materials in advance of he meeting. We would otherwise appreciate hearing from you if you have any questions or guidance pertaining to the processing of the Application, Sincerely, ae Denisha Cummings US Land Manager ~ Keystone XL Pipeline Tel: 402.492.7487 Fax: 402.492.7480 Enclosures Holt County Planning and Zoning 49325 East Shamrock Street - O'Neill, Nebraska 68763 (402)340-4140 APPLICATION FOR Pipeline Construction Permit PRINCIPAL/APPLICANT PIPELINE OPERATOR (if different) Name: Denishe Cummings / Robert Latimer Name: Denisha Cummings / Robert Latimer Land Manager Sr Land Representative Land Manages Sr. Land Representative Company: TransCanada Keystone Pipeline LE Company: IC Oil Pipeline Operations. Ino, Address: 13710 ENB Parkway, Suite 300, Address; 13710 FNB Parkway, Suite 3 ‘Oa NE. 68154 ‘Oraha, NE 68154 Phone: 832-320-5000 / 402.492.7467 Phone: 832.320.5000 402.409.7467 Fax: 402.492.7490 Fax; 402.492.7490 E-Mail: E-Mail, Robert Lasimergteesery. com PERSON DESIGNATED AS THE 24-HOUR EMERGENCY CONTACT: Name: Robert Latimer 24 Hr. Pipeline Emergency Number: Company: TransCanada Kevstone Pipeline LP 1.800.447.8066 Address: 13710 ENB Parcwey, Suite 300, Fax: 402.492.7490 Omsha NE, 68154 E-Mail: rob Office Phone: 402-492-7454 Alternate E-Mail: Cell Phone: 492.332.8122 Se SUE All of the following items must be submitted with this application to be considered a completed application submission. An incomplete submittal will be returned to the applicant for re-submission and will not be considered by the Planning and Zoning Commission until a completed application is received. Please submit 2 copies of all items, lord The following is a checklist guide to assist the Holt County Planning and Zoning Commission to determine the completeness of an application, Additional information may be required by the Commission or the Holt County Board of Supervisors during the review process, Reviewed Requirements Submit complete plans of associated pipeline, inclading the construction, WV» __| mitigation and reclamation plan. Submit property owners names end addresses for acquired easements or Vv | Teases V__| Submit state approval documentation Submit proposed County road crossings ‘Submit proposed County haul routes S ‘Submit the location of the Pipeline right-of-way or easement area by recording a “Notice of Location” referring to the right-of-way and setting forth the legal description of the right-of-way and the location of the pipeline contsined therein, which description shall be set forth by map attached to the Notice of Location. Submit at least two (2) sets of plans showing dimension and locations of the Pipeline, related items or facilities within the subject right-of-way or easement, and all proposed lift stations, pumps or other service structures related to such Pipeline, and the location, type and size of all existing utilities, drainage, right-of-way, and roadway improvements. Submit cross-section drawings for all public street rightoEway and easement crossings ‘Submit the maximum design capacity of the proposed transmission facility Submit changes in flow in the transmission facilities connected to the proposed facility Submit the proposed maximum operating pressure, expressed in pounds per square inch gauge (psig), not to exceed the manufacturer's recommended operating pressure S| S\ISINS} S Submit a certification that Pipeline complies with all applicable ordinances along with applicable laws and regulations 4 ‘Submit a certification that Pipeline will be constructed and maintained as defined in the guidelines of the Pipeline Construction, Installation, Location, and Maintenanee Above Ground And Below Ground in Holt County Zoning Ordinance approved by the Holt County Board of Supervisors 10/15/2010 Holt. County, Nebraska will keep detailed information filed (not including the plans or Pipeline Construction Permit) restricted from public access for security purposes, to protect proprietary information, end to protect the commercial interest of the Applicant, Appearance before the Planning and Zoning Committee is required for the Pipeline project. The Planning and Zoning Committee will review the permit information and will recommend approval or denial, and require any modifications and/or conditions, to the 20f4 Holt County Board of Supervisors, The Pipeline Construction Permit must be reviewed by the Holt County Board of Supervisors in any case at their next scheduled meeting following the Planning and Zoning Committee's decision. After a review of the Pipeline Construction Permit along with accompanying documents and maps, a Public Hearing date will be set by the Holt County Board of Supervisors ‘Two (2) weeks prior to the Public Hearing date, a notice shall be published in a legal newspaper of the County and written notification of the hearing shall be mailed to all affected Property Owners, ata cost to the Applicant (@) The Applicant must have the public notice approved by the Holt County Board of Supervisors or its designee prior to publishing said notice: (b) An affidavit of publication must be presented during the Public Hearing, The applicant(s) hereby certifies that the statements contained in this application are true and provide an accurate representation of the proposed emendment(s) Principal / Applicants Signature: a bite ID/IY Zia Denisha Cummings, Land Manger Stote of _NESZAS KA } }ss L__Gennie Botwes a Notary Public, do hereby certify that on this 1Y day of Bebeber 201, personally appeared before me Denishar Cormomibge proved to me on the basis of saislaary evidence 10 be the person Whose name is subscribed to the foregoing instrament and acknowledged to me that he/she executed the same fbr the purpose and in the capacity therein expressed, and thet the statements contained therein are rue and correct 3 aT) Ei Cone... 20% | My Coinmission Expires: Tam 09 3of4 Principal / Applicants Signature: Date a ri 4 Robert Latimer uy Sr. Land Rep. sia of WEBCASHA His. County of_Douceds + |, Grae Barnes aNotery Public, do hereby certify that on this tf day of —Defaber 20.07, personally appeared before me Proved 19 mie on the basis of satisfactory Widerce to be the person whose name is subscribed to the foregoing instrument anc acknowledged to me that helshe executed the same for the purpose and in the capacity therein expressed, and thatthe statements egbisined therein are rue md corrett. SLIM Bae ease fl PP doiesernes, | Nowy Publ etches wy conn. Sp.iae 13.022 ] My Commission Expites: Time of, 2022 Primary Emergency Contact's Signature e4— ole lia Robert Latimer Date Sr. Land Representative state of NeS @AS KC ) }ss County of Douce as } L_Gonnse Garner Notary Public, do hereby certify that on this IY day of Oc taher 20_!7., personally appeared before me -Rolke! s proved to me on the basis of satisfactory evidence to be the person whose name is subscribed ta the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and in the capacity therein expressed, and that the statements contained therein are true end correct GEG NOT Sate Ts Z, CONNIE BARNES i Hy Cum. €x. sum 18 2022] Notary Public My Commission Expires; Jane 1%, 2022. 4of4 OVERVIEW OF PROPOSED PROJECT Proposed Project Purpose and Need The primary purpose of the proposed Keystone XL Project (Project) is to provide the infrastructure to transport crude oil from the border with Canada to delivery points in the United States (primarily to the Gulf Coast area) by connecting to existing plpeline facilities near Steele City, Nebraska. The proposed Project is meant to respond to the market demand of refineries for crude oil of the kind found in Western Canada (often called heavy crude oil). The proposed Project would have the capacity to deliver up to 830,000 barrels per day. There is existing demand for crude oil—particularly heavy crude oll—at refiners in the Gulf Coast area, but the ultimate disposition of crude oil that would be transported by the proposed Project, as well as any refined products produced from that crude oil, would be determined by Keystone’s shipper customers and by market demand. Proposed Project Description ‘The proposed Project would consist of approximately 875 pipeline and related facilities. The proposed Project would include the pipeline itself plus various aboveground ancillary facilities (e.g., access roads, pump stations, and construction camps) and connected actions, The proposed Project would generally require a 110-foot-wide temporary ROW during construction. After construction, the proposed Project would generally maintain a 50-foot- wide permanent ROW. Keystone would have access to property within the plpeline easement, but property owners would retain ownership of the property and the ability to farm and conduct other activities within the easement, subject to certain limitations to ensure the safety of the pipeline, The permanent aboveground ancillary facilities would include electrically operated pump stations, mainline valves, and permanent access roads. Keystone Mainline Alternative Route |i Nebraska, the proposed Project would include approximately 280 miles of new 36-inch pipeline and six pump stations. The Nebraska Public Service Commission (PSC) approved the Keystone Mainline Alternative Route, which would start at the Nebraska-South Dakota border in Keya Paha County, Nebraska. The route would follow the Preferred Route for 110 miles to just south of the Elkhorn River in ‘Antelope County, then head in a southeasterly direction across Madison and Stanton counties for approximately 43 miles to intercept the existing Keystone Mainline pipeline, and then head south. The Keystone Mainline Alternative Route parallels the existing Keystone Mainline for a total of 97.6 miles, crossing Shell Creek and the Platte River in Colfax County. The route would shift away from this co-location with the existing Keystone Mainline pipeline for 29 miles by routing west around the Seward County Wellhead Protection Area. The route would then rejoin the existing Keystone Mainline pipeline route and continue through Saline County and terminate in Jefferson County, at Steele City. vasvugaNn —~—| oe WASVEGEN NI NBLSAS ANMTSdld ANOLSAAD | > ——7~ 0 T I r = =~ I BEFORE THE NEBRASKA PUBLIC SERVICE COMMISSION INTHE MATTER OF THE APPLICATION ) appuicarion no. QU~3 OF TRANSCANADA KEYSTONE PIPELINE, LP. FOR ROUTE APPROVAL OF THE KEYSTONE XL PIPELINE PROJECT PURSUANT TO THE MAJOR OIL PIPELINE SITING ACT APPLICATION ) ) ) ) ‘TransCanada Keystone Pipeline, LP (Keystone), purstent to the Major Oil Pipeline Siting Act, submits this application for approval ofthe Preferred Route as defined in this application, For the reasons stated inthis application, Keystone requests gn order from the Nebraska Public Service Commission pursuant to Neb, Rev. Slat. § 57-1408 finding that the Preferred Route isin the public interest and authorizing Keystone to act under Neb. Rev. Stat. § 57-1101. In eddition to its application, Keystone submits the writen testimony af Tony Palmer, Meera Kothari, John Beaver, Sandra Bamett, Michael Portnoy, Jon Schmidt, Paul Fuhrer, and Dr. Emie Goss. Keystone also provides ifs executed agreement to pay expenses assessed in accordance with the provisions of the Major Oil Pipeline Siting Act. ‘The following is Keystone's written application: RECEIVED FEQ 16 2017 Nebraske Public Sarvicu 22"mission Acronyms “AGRON DEFINTION OFC “The Central way Council (FR ‘Cade of Federal Regulations oun ‘Construction, gallon, ard Reclamation Plan ‘GoniRee Canstrucion and Reslaraton ‘GRP, ‘Conservatlon Raserve Prosi ons Canada Wille Servis OS: US Department of Sisie EOC Emarguney Operations Center| EPA Endronmertal Protection Agency FSA Farm Seed Act FS Final Envrormertal impact Statement FSES Fil Supplemental Environmental Impact Sslemant HOA igh consequence area HDD, Heszenaldeetione| eel may Infarmediae Matine Vale iB Legisiatve Bm MSOs Material sefty data sheeis MERA Major Lana Resource Area MOP ‘Meximim Operating Pressure MOPSA Major OF Pipeline Sting Act NOEQ. ‘Nebraska Department of Environmental Qualty ‘NEPA National Environmental Polley Ad NEG: ‘Nebraska Gare and Parke Conyrission NH Naiona Hyeroogles! Dstsset NLD, ‘Nalons Landeover Datesel NPDES ‘National Palutant Diseharge Eimialion System NPPO. ‘Natasha Publ Power Distt NRCS Natural Resource Conservation Sevoa ‘O6e ‘Operations Corto] Centre PSAP Pub eet answering port PSC Publ Senice Gonmission EME Regional Envrnmental Mentoring and Assesanent Program RENEW ‘Recovery of Navonaly Endangered Viidife WES Rarnvatar Bash Complex SORUG ‘South Dakota Puble Uilles Cornienon SPCC Spit Prevention, Conol, ard Countermeasure es Total suspended eclds 1s Unie Sistas sg Tred Sistos Cove TseWS US Fish and Vile Service ves Wind erodlly group Weiheed Protection Area 4.0 20 3.0 4.0 6.0 60 7.0 80 Table of Contents NAME AND ADDRESS OF PIPELINE CARRIER (SUBSECTION 025.0241} 44 BACKGROUND wore 1 DESCRIPTION OF NATURE AND PROPOSED ROUTE OF THE MAJOR OIL PIPELINE INCLUDING A MAP OF THE PROPOSED ROUTE AND EVIDENCE OF CONSIDERATION OF ALTERNATIVE ROUTES (SUBSECTION 023.0242)... 2 24 DEVELOPMENT OF THE PROPOSED PREFERRED AND ALTERNATIVE ROUTES 2A Preferred Route... nennsnsnvninnnnnn , 24.2. Sandhills Alternative Route... =e 2.1.3 Keystone Mainline Alternative Route, 2.4.4 Liquid Pipeline Hydraulics Considerations. REASONS FOR THE SELECTION OF THE PROPOSED ROUTE OF THE MAJOR OIL PIPELINE (SUBSECTION 023.0243) ...1.0n oi ALIST OF THE GOVERNING BODIES OF THE COUNTIES AND MUNICIPALITIES THROUGH WHICH THE PROPOSED ROUTE OF THE MAJOR OIL PIPELINE WOULD BE LOGATED (SUBSECTION 023.0244)... ns ‘A DESCRIPTION OF THE PRODUCT OR MATERIAL TO BE TRANSPORTED THROUGH THE MAJOR OIL PIPELINE (SUBSECTION 023.02A5).. 15 THE PERSON WHO WILL OWN THE MAJOR Ol. PIPELINE (SUBSECTION 023.0246) 18 THE PERSON WHO WILL MANAGE THE MAJOR OIL PIPELINE (SUBSECTION 023.0247) 15 A PLAN TO COMPLY WITH THE OIL PIPELINE RECLAMATION ACT (SUBSECTION 023.0248) .. 81 RECLAMATION PLAN INTRODUCTION. nisesnsinnenrnsincnninanininnnnsininn 1 82 RECLAMATION COSTS... so 18 83 RECLAMATION SCHEDULE : nant 18 8.3.1 Timing of Final Grading ain iemerooisunsniTmenNaRRonGAd® 8.32 Timing of Topsoli Replacement et 8 83,3. Timing of Installation of Erosion Control Structures. 19 8.34 Timing of Seeding... 19 835 Timing of Muiching.. on20 84 EROSION CONTROL arn : on-20 841 Sediment Bariers... —— 20 8.42 Trench Plugs (Trench Breakers) ..snsinnsensnennnnnnn BD 84.3. Slope Breakers (Water Bars) : 7 NAT 844 Mulching and Caver Crops ronnie owt BAS TaCKOE emir : Bh 848 Erosion Control Matting 22 20 10.0 11.0 120 13.0 14.0 15.0 16.0 8&5 | REVEGETATION ean 22 8.6 NOXIOUS WEED MANAGEMENT. assess amore ADR 8.7 RECLAMATION AND MAINTENANCE OBLIGATION. . 24 ALLIST OF PLANNED METHODS TO MINIMIZE OR MITIGATE THE POTENTIAL IMPACTS OF THE MAJOR OIL PIPELINE TO LAND AREAS AND CONNECTED NATURAL RESOURCES: OTHER THAN WITH RESPECT TO OIL SPILLS (SUBSECTION 023.0249) ueeinnnnnnnnss 24 94 DESCRIPTION OF CONSTRUCTION, és 24 9.2. PLANNED METHODS. c a 27 8.3 ENVIRONMENTAL TRAINING AND AWARENESS 27 8.4 ENVIRONMENTAL INSPECTION. ae 2 8.5 COMMITMENT MANAGEMENT ‘ : aa RDB 8.8 CONSTRUCTION MITIGATION AND RECLAMATION PLAN (CMRP)... so 2B 9.7 CONSTRUCTION/RECLAMATION PLANNING ..u. 28 9.8 PERMIT COMPLIANCE, 228 9.9 HORIZONTAL DIRECTIONAL DRILL (HDD) o 29 9.40 HYDROSTATIC TEST PLAN... ia BB. 8.41. SPILL PREVENTION CONTROL AND COUNTERMEASURE. 30 9.12 NOXIOUS AND INVASIVE WEEDS 30 9.13 RECREATION AND SPECIAL INTEREST AREAS, 30 8.14 CONTAMINATED SOILS UNANTICIPATED DISCOVERY PLAN. wsareneons 34 FOR INFORMATIONAL PURPOSES ONLY, A DESCRIPTION OF THE METHOD FOR STATE AGENCIES AND EMERGENCY RESPONSE PERSONNEL TO OBTAIN CURRENT SAFETY DATA SHEET(S) FOR THE PRODUCT(S) OR MATERIAL(S) BEING TRANSPORTED THROUGH THE PIPELINE IN THE EVENT OF AN INCIDENT (SUBSECTION 023.02A10)....34 BURDEN OF PROOF (SUBSECTION 023.07)... 31 WHETHER THE PIPELINE CARRIER HAS DEMONSTRATED COMPLIANCE WITH ALL APPLICABLE STATE STATUTES, RULES, AND REGULATIONS AND LOCAL ORDINANCES (SUBSECTION 023,074), 2 [AN ENVIRONMENTAL IMPACT STUDY (SUBSECTION 023.0076). A COMPREHENSIVE SOIL PERMEABILITY SURVEY (SUBSECTION 023.0782 A DISTANCE-TO-GROUNDWATER SURVEY (SUBSECTION 023.007B3).. EVIDENCE REGARDING THE IMPACT OF THE MAJOR OIL PIPELINE ON WILDLIFE (SUBSECTION 023,007B4) .... . 40 18.1 TERRESTRIAL WILDLIFE SPECIES .....nnns 7 40 16.1.1 Big Game Species i een 40 46.1.2 Small Game Species 4 eto 16.1.3. Nongame Specles, ‘i " “1 Figure 17.2-1: Rainwater Basin Map... os Figure 20.0-1 Co-location Map 2... smut binansusaajolnnteaioany AE List of Tables Table 2-1, Comparison of The Preferred Route to the Two Proposed Alternatives wa Table 4-1, Governing Bodies of Counties and Municipalities Through Which the Prefered Route would be HOCELED rennet 0 18 Table 8-4, Correlation of Nebraska Regulatory ard Lepslative Requirements Regating Reclamation vi Keystone's Application... , 48 ‘Table 13-1. Description of Impacts to Natural Resources as a Resut ofthe Construction end Operon of the Preferred Route... ¢ 34 ‘Table 16-1. Game Fishery Classification Along the. Prefered Route. sewers ‘Table 16-2, Surface Water Classification for Nebraska. i.unyne watt 45 ‘Table 17-1, Miles of Vegetation Communities Crossed by the Preferred Rout itttnmmnat Table 17-2, Estimated impacts to Vegetation Communities of Conservation Career Ocourng Along the Preferred Route, nn Bt ‘Teble 17-3, Netive Grassland Types Along the Preferred Route 53 ‘Table 17-4. Noxious Weeds Found Along the Preferred Route, i 56 ‘Table 19-1. Summary of the Impects of Keystone XL on Nebraska, 2018-2034 usin sei 5B Tabla 204. leentiestion of Colocation Opportunies For the Prefered Route andthe Twe Proposed i 53 Altematives, ete List of Appendices Appendix A~ Gaverna’s Lettr, January 22, 2013 Appendix 8 — NDEQ Press Release, December 29, 2011 Appendix C ~ MSDS Sheets ‘Appendix D — Construction Mitigation and Reclamation Pian, Revision 4 Appendix E— Nebraska Noxious Weed Management Plan Appendix F - Construction/Reclamation Units (Con/Rec Units) ‘Appendix G — Soil and Permeability Study and Distance-to-Groundwater Survey ‘Appendi H ~ Socioeconomic Report Major Oil Pipeline Application JURISDICTION TransCanada Keystone Pipelin, LP. (Keystone) is fing this Application pursuant to Nebraska Revised Statute Sections 7-1401 to 57-1413, which is known as the Major Oil Pipeline Sting Act (MOPSA). In January of 2013, as part of a prior application for a Presidential Permit, Keystone obtained approval in Nebraska for the Project pursuant to Nebraska Revised Statute Section 57-1501 et seq., and Keystone commenced eminent domain proceedings to acquire land necessary ta construct the Project on that approved route. After the eminent domain actions were fled, Keystone agreed to stay the sults and no land has been acquired pursuant to these actions. Keystone voluntarily agreed to stay the eminent domain actions pending the outcome of itigetion challenging the constitutionality of Legislative Bill (LB) 1181. Keystone has naw dismissed the eminent domain actions and, pursuant to Nebraska Revised Statute Sections 57-1101 and 57-1501 et seq., Keystone may no longer proceed on the Governor's approval. Keystone Is fling this Application for route approval, Keystone also has submitted a renewed application {for @ Presidential Permit o allow the border crossing from Canada to the Urited States. 1.0 NAME AND ADDRESS OF PIPELINE CARRIER (SUBSECTION 023.0241) TransCanada Keystone Pipeline, LP. 700 Louisiana Street Houston, Texas, 77002-2700 4.4 BACKGROUND Keystone proposes to construct, operate, and maintain a crude cil pipeline and ancilaty facilis trom Hardisty, Alberta, Canada, to Steele City, Nebraska, referred to as the Keystone XL Pipeline project (Project), In 2012, Keystone presented an application for @ border-crossing permit for Keystone XL to the United States (US) Department of State (00S). The original route of Keystone XL crossed the Nebraska Sandhills. However, In response to concems about the sensitive nature of the Nebraska Sandhills, Keystone developed a route that avoids the area es defined by the Nebraska Department of Environmental Qualty (NDEQ). Keystone submitted a revised pipeline route (Nebraska Reroute) to the Nebraska Department of Environments! Quality (NDEQ) in September 2012. The proposed Nebraska Reroute, which is approximately 195 miles long, would start about one mile south of the Nebraska-South Dakota border in Keya Paha County and would terminate about five miles northwest of York in York County, where it would join the route proposed by Keystone in the FEIS, In addition to avoiding the Sandhills, the Nebraske Reroute reflects adjustments 10 avold areas of fragile solls and shallow groundwater identified by the NDEQ and recommendations found in the January 2014 Final Supplemental Environmental Impact Statement (FSEIS). “The NDEQ evalusted the Nebraska Reroute in accordance with Nebraska Revised Statue 57-1501, ot seq. The NDEQ submited a Final Evaluation Report to the Governor who approved the Nebraska Reroute in leer to the President and DOS dated January 22, 2013 (see Anpendlx A). The route fled in this application has been refined to reflect the recommendations made by the NDEQ and the Governor's approval’. * See NOEQ's Final Evaluation Repod Secon 2.1.5 Project Facies “NDEQ understands ta Keystone. would make minor “adjustments [othe proposed pipaline alignment cing final design bssed on asloralrfonneban abd frm fad Surveys of landauners, These minor route variation (mleb-algnments) coud be mplemeried ta addass epece landowner concerns, NO! Page| 1 On October 5, 2015, Keystone filed @ route approval application with the Nebraska Public Service Commission (PSC) pursuant to MOPSA. However, due to the denial of Keystone's requested Presidential Permit for a border crossing faciity between Canada and the U.S.,on November 6, 2015, Keystone filed @ request with the PSC thet its application, be dismissed, without prejudice, The PSC granted Keystone’s request on November 23, 2018. On January 24, 2017, President Trump issued @ Presidential Memorandum inviting TransCanada to resubmit its application for e Presidential Petmit for the Project and directing DOS to make a determination within 60 days of @ new application. ‘TransCanada submitted its application to DOS on January 26, 2017. ‘The Nebraska Reroute was used as the basis for developing the Preferred Route that is the subject of this Application. The Preferred Route 's 275.2 miles lang and would start al the Nebraska-South Dakota border in Keya Paha County, Nebraske and terminate at Steele City in Jefferson County, Nebraska, The Preferred Route passes through Keya Paha, Boyd, Holt, Antelope, Boone, Nance, Merrick, Polk, York, Filmore, Saline, and Jefferson counties, 2.0 DESCRIPTION OF NATURE AND PROPOSED ROUTE OF THE MAJOR OIL PIPELINE INCLUDING A MAP OF THE PROPOSED ROUTE AND EVIDENCE OF CONSIDERATION OF ALTERNATIVE ROUTES (SUBSECTION 023.0282) 24 DEVELOPMENT OF THE PROPOSED PREFERRED AND ALTERNATIVE ROUTES Keystone employed @ multidisciplinary approach and conducted 2 comprehensive analysis of various potential corridor alternatives In Nebraska. The constraints, goals and objectives that were used to identify the preferred and alternative routes forthis Application included: + Uilizing the existing fixed starting point: the pipeline entry location at he South Dakota-Nebraska border in Keya Paha County, Nebraska, north of Mills, Nebraska. This location was approved by the South Dakota Public Uilities Commission (SQPUC) in 2010 undar the South Dakota Eneray Conversion and Transmission Facilties Sting Act% + Utlizing the existing fixed ending point: the existing Keystone Steele City Pump Station near Stesle City in Jefferson County, Nebraska. This end point is the connection point to the existing Keystone system 4 Minimizing the route length and the constuction of permanent aboveground facies; + Avoiding the “Sandhils" regions as defined by tne NDEQ (see December 28, 2017 NDEQ Press Release allached as Appendix B), including Impacts to highly water and wind erodible sols, and to the habitat of special status species and fo sensitive habitats, ‘© Avoiding well head protection areas; ©) Maximizing the utlization of the Keystone XL route previously studied by the DOS in the 2011 FEIS and the 2014 FSEIS; © Crossing the Niobrera River at e location not designated as scenic or recreational under the National Wild and Scenic River Act of 1968; cain features (auch a8 stuciures, wells, or irigaion systems), minimize impacts to enirenmental resources, or felitate onetrudon in guch areas as eleep lean of waterbody crossings.” 2 The SDFUC Issued a permit under the Energy Conversion and Transmission Facies Sbing Ao on Api! 12, 2040, and an rmaned permi on June 20, 2010 (amended Final Dectson and Order, Nolce of Eniry (Doekel HOB-O0t) As requred by Soulh ‘akota lav, Koystoveeered tothe SOPUC tha the Project continues fo meet the candifans upon whiah the perl wa gtante. ‘The SDPUC granted Keystone's Cetieation on January 21,2018 (Oocket HP 14-00), Page |2 '* identifying other routing opportunties such as beneficial topography and compatible land uses; and ‘+ Considering co-location opportunities with other existing pipelines, electric transmission lines, railways, roadways, and other utiies to the extent consistent with other routing criteria Based on the siting erteria listed ebove, Keystone identified a Preferred Route” and two alternative routes for comparison as required by the PSC regulations (Subsection 029.0282). Specifically, the two alternative routes identified herein are the Sendhills Altemative Route and Keystone Mainline Alternative Route. 24.41 Preferred Route ‘The Preferred Route, which was eveluated by the NDEQ and approved by the Governor, would start at the Nebraska-South Dekata border in Keya Paha County, Nebraska near pipeline milepost 601 of the proposed Project (see Figure 2.21), The Preferted Route would run southeastward across the southwestern comer of Boyd County where it would crass the Keya Paha River and then enter Holt County as it crosses the Nicbrara River. The route would continue southeastward and turn to the south in Antelope County where it would crass the Elkhorn River and then pass through Boone County and into. Nance County, In Nance County, the route would cross the Loup River and then turn southeast across the northeastern comer of Merrick County. After crossing the Platte River and entering Polk County, the route would turn south through York, Filmore and Saline counties. The Preferred Route would paralie! the existing Keystone Mainiine pipeline for 7.3 miles and terminate in Jefferson County at pipeline milepost 876.3 (see Figure 2.2-2). The Preferred Route would be 275.2 miles long and would require five pump stations, including the pump station at Stecle City. 24,2 Sandhills Alternative Route “The Sandhills Altemative Route would start et the Nobraska-South Dakota border in Keya Paha County, Nebraska near pipeline milepost 801 of the proposed Project (see Figure 2.2-0). The Sandhills Altemative Route would cross the Keya Peha and Niobrara rivers and continue through Rock, Holt, Garfield, Wheeler, Greeley, and Boone counties, continuing through Nance County whare it would cross the Loup River, and then cross the Platte River in Merrick County. The route would continue through Hamiton County and into York County. in York County, the Sandhills Atemative Route would rejoin the Preferred Route for 66.2 miles’ and pass through Fillmore and Saline counties and terminate in Jefferson County. The Sandhills Altemetive Route would parallel the existing Keystone Mainline pipaline for 7.3 miles. The Sandhills Altemative Route would be 254,8 miles long and would require five pump stations, ineluding the pump station at Steele City Compared to the Sandhills Alternative Route, the overall footprint of the Preferred Route represents less environmental impact by avoiding the Sandhills region and minimizing impacts to areas. with characteristics similar to the Sandhills, including shallow groundwater and fragile soils. in addition, ‘compared to the Sandhills Alternative Route, the Preferred Route reduces impacts to American burying beatle habitat end ether federally-listed threatened and endangered specias, habitats that may support state-isted threetened and endangered species, grasslands, and reduces potential impacts to WAS 11 shoulé be understood that Keyetone may make minor route rafnerents during the Fal design and constuction process to ‘asereas landowner conearns and unanticipated construction eremstances, “The 6652 miles of colocation wth the Prfertad Route isnot contiguous, ‘The Sandhils Aemate Route rodocetes wih the Bratored Route fot 448 miles, then aevates for 13.8 mules whara the Prefered Rauie has been revised 0 ayo the ‘Western Well Head Protection Are, an then reohs the Prefered Route for 204 ri, Page| PREPARED BY 5 vp Esiny Severs be. ater, | Saintes TNT WAP Olt KEYSTONE XL PROIECT ) — merenneo ROUTE — waresooy FIGURE 2.24 - — restore unm PHASE 12] strepounower FRarenaeD RUT KEYSTONE CUSHING EXTENSION (PHASE MN] [| COUNTY BOUNDARY Q rranscanate rae BY es gy Sencese. ‘IMT Ma LEGEND — Preven ROUTE —wmerso0r ‘SMIOMLS AERNATINE ROUTE [1] stare couvonny — vevsroxeunmune nrentuniveroure 7) county aouncaay (SHESTONE MANNE (ASE esto cus EXTENSION PHASE 9 KEYSTONE XL PROUECT FIGURE 2.2-7 PREFERRED ROUTED TWO ‘ALTERNATE ROUTES Q) tanscanada Taticam | © || tesen — synit.s ALTERNATE ROUTE =a KEYSTONE MANNE (PHASE eestor — wrsteooy 1] someeauiosey JSHNGEXTENSION PHASE (=) COUNTY BOUIDARY ‘KEYSTONE XL PROLECT FIGURE 2.2-3 “SANDMILLS ALTERNATIVE ROUTE © tanscanate eae ‘CINITY MAP LEGEND ‘KEYSTONE Xi PROJECT " ees KEYSTONE WAINLINE (PHASE) FIGURE 2.2. cicstepecanTad oe eet Paar! a © wanscanaca 177 cour acunoner 24.3 Keystone Mainline Alternative Route “The Keystone Mainline Aterrative Route would start at the Nebraska-South Dakota border in Keya Paha Gaunty, Nebraska near pipeline milepost 601 of the proposed Project (see Figure 22-4), This alemative (ate Would follow the Preferred Route for 110 miles to just south of the Elkhom River in Antelope Gounty, then head [n'a southeasterly direction aoross Macison and Stanton counties for epprovimately €3 cae ts Intercept the existing Keystone Mainline pipeline, and then heads south. The Keystone Mainine Ritcmative Route parallels the existing Keystone Mainiine for a total of 87.6 miles, crossing Shell Creek aie ine Plate River in Colfax County. The route would shift away from this co-location with the existing Keystone Mainline pipeline for 29.8 miles by routing weet around the Seward County Wellhead Protection Fada (WPA). Keyelone made this adjustment to be cansistent with NDEQ's recommendation to avoid (NPAs. This route would then rejoin the existing Keystone Mainline pipeline route and continue through ‘Saline County and terminata in Jefferson County. ‘A comparison of the Prefered Route and the two alternative routes with respect to several environmental aor menvironmental citerla is provided in Table 2-1. The table prasents information from readily arabs public dala sources, which is ypically used to screen pipeline route atemetives. Threstensd ae endangered species infomation provided in the fable includes the range forthe species which wes sorened fom the Nebraska Natural Heritage Program, and which does not reflect the results ef fed coMteye The results of Keystone's threatened and endangered species feld surveys are provided in Sections 18:3 and 17.3, ‘The Keystone Mainine Aterative Route would be 280 5 miles long—addling in an incremental five ries, wre would require an additional pump station, for a total of six pump stations, including the siation at Steste city, In addtion, as compared to the Prefered Route and as summarized at Section 20.3, the Keystone Mainline Alternative Route would: a Result in a greater total number of acres disturbed due to the inorease in the route lenath; «Increase the crossing of the ranges of federalyisted threatened and endangered spacies; 4+ Increase the erassing of highiy erodible soils; «Increase the crossing of eeclogical unusually sensitive areas; and = Inorease the number of crossings of perennial streams, railroads and toial oad crossings, 2. Liquid Pipeline Hydraulics Considerations Keystone uses liqud pipeline hydraulic analyses ta determine the faciities nesessary to achieve the flow fale (barrelsiday or bpd) that meets the pipeline’s nominal design capacty. These analyses also Getennins the necessary locations and required pumping horsepower for pump stations along the pipeline seer he few rate ct @ liquid pipeline is sensitive to route length and terrain (slopes and elevation Changes) which are critical variables In determining the number of pump stations and the pumping orsepower required at each station to achieve, but net exceed, the maximum operating pressure (MOP) aetaolshed for the pipeline. The MOP is established in compliance with federal regulatory requirements ‘The Prefered Route as presently configured is approaching the limit of hydraulic capabilty to meet the feruired flow rate wih its current pump station spacing, The eddtiona) 6.3 miles required for the Keystone Mainline Alternative Route would require an additional pump station in order to meet the required flow rate, Page 8 ‘Table 24, Comparison of The Preferred Route De Two Proposed ATarraves wee janes, | ener | ec e-care acrnoure Rue | adenine Fearune sue-careconts a rent tion | FTezitis | sone ea Ti ra ie hina + aha alld urgson 00 a0 32 pn Tae 38 Fn ir To za a me Tarerpaeei aa in a rat abi ete Rae Picira pier 258 75 184 rc Toon pegs ee 7 a ara ee Tat a ‘a eid oo encosnc evan 3 a = aed sper es om 30 = 7 8 af ra oes are za at Te sng tna mH ry “a Tate asa ae aa Su Lae peng ree Near = im 8 ese pear a ze 7 rrr ee “st on ann Bae oR ee ii 16 "en! a = a 0 ‘High Wied Broce Sos? en, 519, any as min (MILES) Pe] “Table Es Comparison of The Preferred Rauto othe Two Proposed ARenatives eae eauuts. | prererneo | wants rearuRe sup.caTEcontes arnaure rare wove” | alfemuive oats eases | wreaies [os es Tih Comers hae ay -EepnatySoahe tees | Sma 2 “4 Tap nae eR A a a ‘Senet Terain Crossed Sx icy “ypu Tea eT my we a a Totes Vane we 3 7 Taare Ra 3 ae 7 Oe a er 7 eed, om Se 3 z 00 Deed Lert ra oe + Desa Fa 18 73 ze = seed oa cnossnoizners a8 ae 0 Te Fo mts ar ar a = 3 zi 2 ltd Ce ita mE ee mn fa i Tat tora WS a8 or aE a 71 = i tea? Te ares yume 7 wa x Pasi Srenier 7 a 7 STL a se a RTE ET oT FT TS TMT ae ae remune pvcareoonus japon ee | AR mau ia some eae one mie : | are REE 7 : a TEA ia a rn a a Poet eee at a tO Ft ac 7 ea st ™ ‘Local Government (ALES) ao on a2 Ratroad Crossings” eee 7 . 2 ae ie = 7 come = 7 = menor ‘Local Neighoanocd Road” CROSSINGS: [__108 = 28 oo a 7 ro i a . Frnt Co" ieee % x 7 “Fable EA. Compare of Tho Preferred ROWS To the Two Proposed Alsrnatves = aie Trees, | mesem | Ee sea en ee ape same | aes GRE Water Walls (Active are ctv) ne ree es eo 7 ena pers eo Serene 1m we 8 ae eee facia alee ae aoe a a : ru = — ” 1 ze 30 TSE NETS PST, ESS Ga PS CT TGPLT SPAT ‘enue Naty Ress Oonaratn Seve ROS), 207 ese we ely go EC) or2 SGovea Us beeen Tanja ~Pigsne aeinrbus Mvin Staty Aisin PISA) ‘gern US patna Agr USDA) ARCS 2905 ‘Socs Unearth Canara a Sune Den GSO} ot Agredteanatl aseces ‘Soon Us Eton Prac Aga (A) * Sows: toa aon Dts HLED) 2013 ‘Sure Urry of heirs Uso CSD Ae Grater pth ‘on Cones are Sa ely US, Pol Dal eng Nar Oper was ies bveden Pe Bac saves Us. Cem Broa HSER) 70% ‘macy, erg te a ar sa ale alsa by MAFTIOER Fer Cane ose) ‘aren Pent nWPseat, 2014 "eee: bana Depron ot aul Rea, 2018 "ae: he! ialen Cop wna ate on 212 NAP vamp eae crn acon anes het wi 250 fb cat sy saprrs than 0.25 fe ln al em ei re ones st oye cece oarray siarotcoketa Pam 2 3.0 REASONS FOR THE SELECTION OF THE PROPOSED ROUTE OF THE MAJOR OIL PIPELINE {SUBSECTION 023.0243) The characteristics of the Preferred Route were evaluated by the NDE over a 10-month public process in 2012. The 10-month long process included 2 7-month public comment and testimany period during which feedback was provided on the Preferred Route for incorporation into route adjustments to avoid ‘sensitive and important areas in Nebraska. Among other findings, NDEQ found that the path of the Preferred Route avoids the Nebraska Sandhills region and avoids many areas of fragile solls in northern Nabraska. In Januety 2013, the Governor edvised the President and the Secretary of State that he approved the route reviewed in the 2013 NDEQ Final Evaluation Report Based on the findings of the 2013 NDEQ Final Evaluation Report and the Governor's approvell, Keystone incorporated the Preferred Route through Nebraska into its 2012 Presidential Permit application for the proposed Project. Keystone has continued to work closely with federal, state, county, and local agencies, landowners and other stakeholders to further refine the Preferred Route. Based on this information, Keystone refined the engineering of the Preferred Route to avoid, of minimize to the extent practicable, the potential impact to identified environmental and non-envirenmentel resources (see Figure 3.0-). In addition 1o completing the engineering design, Keystone has worked successfully with the landowners and stakeholders along the Preferred Route and has been able to voluntarily acquire necessary easements from approximately 90 percent of landowners along the Preferred Route, Keystone has also purchased the land needed to accommodate the five proposed pump stations. The following summarizes the environmental and non-environmental rationale that was used by Keystone to select the Prefered Route. ‘= Its significant thet the Preferred Route has been the subject of multiple reviews and evaluations by federal and state agencies, extensive public input, and the Governor's approval. The DOS F SEIS concluded that significant Impacts to most resources are not expacted along the proposed Project. Further, the voluntary acquisition of easements from 90 percent of landowners along the route represents an indication of wide public acceptance of the Preferred Route. + Neither the Sendhills Alternative Route nor the Keystone Mainline Altemative Route provide a Aistinet srvironmantal advantage over the Prefered Route. Compared to the Sandhils Alternative Route, the overall footprint of the Preferred Route represents less environmental ‘pact by avoiding the Sendhil region and minimizing impacts to ereas with characteristics Simiir to the Sandhils, including shallow groundwater and frag sols. In addon, compared to the Sandhills Altoraive Rovte, the Preferred Route reduces impacts fo American burying beetle. habitat and other federllyisted threatened and endangered species, habitats that may suppor Stotelisted threatened and endangered species, grasslands, and reduces potential Impacts to WPAs (see Figure 30-1), As detaied In Seaton 20.3, while the Keystone Nainine Alternative Route has potential environmental benefis due to is’ codocation wit the Keystone Mainline those potential benefits are outweighed by the need for additional aboveground Infrastructure (ie, pump sation and associated electrical tranemisslen lines), the langer length of the route and! ether factors. Therefore, the Keystone Mahiine Altemaiive Revie is not considered preferable or beneficial in relation to the Preferred Route. Page | 13 EYSTONE XL PROJECT FIGURE 3.0-1 CCONSTRARITSWAP 4.0 ALIST OF THE GOVERNING BODIES OF THE COUNTIES AND MUNICIPALITIES THROUGH WHICH THE PROPOSED ROUTE OF THE MAJOR OIL PIPELINE WOULD BE LOCATED (SUBSECTION 023.0244) A\list of Governing bodies of the counties and municipalities along the Preferred Route is provided below in Table 4-1 Table 4-1, Governing Bodies of Counties and Municipalities Through Which the Profetred Route would be located } County lity Governing Bodies County Governing Bodies Koya Paha County + None Kent + eva Paha County Board of Commiseionars Boys Gounty [+ None tents + Boyd County Board of Supenisors Hol County [+ None identified + Hol County Board of Supenisors ‘Arielope County + None Werified «Antelope County Board of Superior + Boone Gourty Board of Commissioners Boone County = None Kentfed Nanoa County + None [erified + Nance County Board of Supervisors Marick Gourty | + None Westies + Merck County Board of Supervisors Pak County + None Kertfed + Poi County Board of Commissioners York County 7 Bosrd of Trusoas ofthe Vilage of McCool Junlion | « Yark County Board of Commissioners | Fiimore County | « None Hentifed + Filme County Board of Sypenisors ‘Sane County = None Keried + Saline County Board of Commissioners + Jeferson Gounty Board of Commissloners ‘eferson Gounty | « Siete Gly Vilage Board 5.0 A DESCRIPTION OF THE PRODUCT OR MATERIAL TO BE TRANSPORTED THROUGH THE MAJOR OIL PIPELINE (SUBSECTION 023.025) “The proposed Project will ransport a range of crude oils as determined by ts shippers from time to time, in compliance with Its tarif, which wil be subject to approval by the Federal Energy Regulatory Gommission The range of products that wil be transported through the pipeline is provided in the representative Material Safety Date Sheets (MSDS) found at Appendix C, which satisfy the requirements of Subsection 023.025, 6.0 THE PERSON WHO WILL OWN THE MAJOR OIL PIPELINE (SUBSECTION 023.026) ‘TransCanada Keystone Pipeline, LP, 700 Louisiana Street Houston, Texas, 77002-2700 7.0 THE PERSON WHO WILL MANAGE THE MAJOR OIL PIPELINE (SUBSECTION 023.0247) TC Oll Pipeline Operations inc. 700 Louisiana Strest Houston, Texas, 77002-2700 Pose 18 8.0 APLANO COMPLY WITH THE OIL PIPELINE RECLAMATION ACT (SUBSECTION 023.028) 8.1 RECLAMATION PLAN INTRODUCTION “The sections below provide a summary of Keystone’s reclamation and revegetation plan developed to restore equivalent capabilty to lands disturbed by construction along the Preferred Route and to comply With the PSC regulations and the Nebraska Oil Pipeline Reclamation Act, as amended (Reclamation ct) Reclamation procedures were developed through consultation with local and regional agencies and University of Nebraska scientists regarding preferted reclamation and tevegelation procedures in Nabraske. ‘The majorly of procedures described in thase sections have been summerized fom the proposed Project's Construction, Mitigation, and Reclamation Plan (CMRP) Revision 4, which is attached as ApsendixD. The CMRP contains measures that wil be used throughout the proposed Project to avoid of minimize environmental impacis. Specific environmental conditions addressed in the CMRP include fopsol management, orosion and sediment conte}, sol compaction relief, and weland and waterbody Sossing methods. Noasures related to reclamation and revegetation, of the right-of-way, Including for fragilo sols, are described in the CMRP. “The pertinent requirements of the PSC regulations and the Reclamation Act are re-stated below: + PSC Regulations © Subsection 023,02A8- A plan to comply with the Reclamation Act. Pipeline Reclamation Act, as amended fo Nebraska Revised Statute Saction 76-3301 - The purpose of the Reclamation Act is to ensure thal a pipeline camer which owns, constructs, operates, or manages a pipeline through this state for the transportation of cil is financially responsible for reclamation costs relating to the construction, operation, and management of the gipaline in thie stele as prescribed in the act. Nebraska Revised Statute Section 76-3303(2)- Its the intent of the Legislature that proper feclemetion Is accomplished as part of the oll pipeline construction process, including festoration of areas through which @ pipeline is constructed as close as reasonably practicable to the condlion, contour, and vegetation that existed prior to construction, fheliding stebllizing disturbed areas, establishing 2 diverse plant environment of native grasses and forbs to create scfe and stable landscape, restoring active cropland to ifs Previous productive capability, miigating noxious weeds, end managing invasive plants, Unless otherwise agreed to by the landowner. Nebraska Revised Statute Section 76-3304(1)- A pipetine carrier owning, operating, or ‘managing a pipeline of part of a pipeline for the transportation of olin this state shall be responsible forall reclamation costs necessary 2s a result of constructing the pipeline 2s well 2 reclamation costs resulting from operating the pipeline, except to the extent another parly is determined to be responsible. 0 Nebraska Revised Statute Section 76-3304(2)-The pipeline carer shal commence reclamation of the erea through which a pipeline is constructed 25 soon as_reasonably practicable after backiil as provided in Sections 76-3307 end 75-3308 of the Reclamation Act Nebraska Revised section 76-3304/3) - A pipeline carriers obligation for recismation and maintenance of the pipeline right-oF-way shall continue until the pipeline is permanently decommissioned or removed. Page | 18 Nebrasks Revised Statute Section 76-3307 - A pipeline carrier shall complete final grading, topsoil replacement, installation of erosion control structures, seeding, and mulching within thinly days effer beckfil except when weather conditions, extenuating circumstances, or unforeseen developments do not permit the work to be done within such thiry-day period Nebraska Revised Statute Section 76-3308(1)-A pipeline carier shall ensure thal all reclamation, including, but not limited to, choice of seed mixes, method of reseeding, and weed and erosion control measures and monitoring, is conducted in accordance with the Federal Seed Act, 7 USC. 1551 et seq,, the Nebraska Seed Law, and the Noxious Weed Control Act Nebraska Revised Statute Section 76-3308(2)- A pipeline carrier shall ensure that ‘genetically appropriate and locally adapted native plant materials and seeds are used based (on site characteristics and surrounding vagetation as determined by a preconstruction site inventory. Nebraska Revised Statute Section 76-3308(3) - A pipeline carrier shall ensure that mulch is installed a5 required by site contours, seeding methods, or weather conditions or when requested by a landowner. Table 8-1 correlates this section of the Application with the above-referenced sections of PSC Regulations and the Reclamation Act Page| 17 . Correlation of Nebraska Regulatory ahd Legislative Requirements Regarding Reclamation with Keystone's Application. Table & Location and Topic In the Application Nebraska Regulatory or Logislative Requirement | Application Heading PSC Regulations ‘Recemeten Pian_irireauction, Redamation Cosi; Redamation ‘Subsection 023.0208 Sedions 6.11087 | Schedule: Erosion Cantal Revogotaion, Noxlous Weed Management Reclamation ard Maintenance Obigatons Gil Pipoline Reclamation Act Nebraska Revised Staite Sa tetris eee Senions 8.11087 | Sevlst above Nebraska Revised Suite Section 75330301) Secon 7ESH0S) | Secton.z Redematon Coats Seclon 7623040) Nebraska, Reve Staite | senion8s Reclamation Shes Betws, Reveee Saute | seaiona7 edervaton end Mshtrance btgaton Seuars cares See | seaionas Reema Sowae Bebava, Reveae Suite | Seaones Revesetaon Nouasta, Revie? Sate | seaons.s evegeaton Seana asceey ne | Sestonse Erosion Coil Section 8.6 of this Application addresses noxious weed control, which is not specifically itemized in a regulatory section es noted above, although itis mentioned in Section 7-3303(2). 8.2 RECLAMATION COSTS ‘The Reclamation Act (Nebraska Revised Statute Section 76-3303(1)) mandates that a pipeline carrier owning, operating, or managing @ pipeline or part of 2 pipeline for the transportation of oil in Nebraska is responsible for ail reclamation costs necessary as a result of constructing andfor operating the pipeline except to the extent that another party is determined to be responsible. Keystone hereby states that it wil be responsible for all reclamation costs resulting from the construction and operation of the pipeline except to the extent that another party is determined to be responsible. See testimony of Tony Paimer, Included as Exhibit 4 8.3 RECLAMATION SCHEDULE The Reclamation Act at Nebraska Revised Statute Sections 76-3304(2) and 76-3307 requires timely commencement and completion of reclamation. Specifically, Nebraska Revised Statute Section 76-3307 describes various phases of construction and reclamation, inclucing final grading, topsoil replacement, installation of erosion contral structures, seeding, and mulching, which must be completed within 30 days after backfill unless precluded by extenuating circumstances such as weather or unforeseen developments. Keystone has described the typical sequence of events from backfill to topsoil replacement end final seeding and erosion control in the CMRP (see Sections 4.9 and 4.11; Appendix D), In genaral, it is Keystone's commitment to complete final grading, topsoil replacement, instalation of Page| 18 erosion control structures, seeding, and mulching within 30 days after backfil| unless precluded by extenuating circumstances as described in the following subsections. The timing of reclamation activities is discussed below. The details of the reclamation activities are discussed in Sections 8.4 through 87. 8.3.4 Timing of Final Grading Unless prevented by wet scil conditions, frozen sail conditions, or unforeseen developments, final grading will be completed within 30 days following backfil to approximate pre-construction contours as close as reasonably practical and to limit erosion and subsidence. Areas of the right-of-way that have been compacted by construction activiy and equipment trafic will be decompacted as described in the CMRP (see Section 4.11.1; Appendix D) prior to topsoil replacement to prevent an area of compacted subsoil from creating a barrier to root penetration. 8.3.2. Timing of Topsoil Replacement Follawing any necessary subsoil decompaction and the establishment of approximate pre-construction contours, where necessary, topsoil will be spread across the right-of-way to its approximate original depth and contaur with allowance for settling 8.3.3. Timing of Installation of Erosion Control Structures The CMRP (see Sections 4.5 and 4.17.5; Appendix D) describes a variety of temporary and permanent erosion and sediment control measures that wil be implemented. Some erosion control structures, such as trench breakers, temporary slope breskers, or sediment barriers surrounding wetlands or waterbodies ‘will be installed prior to or during construction as necessary and prior to backfill. Other erosion contra) structures, such as permanent slope breakers or erosion control fabric, will be installed concurrent with or following topsoil replacement. Keystone will also resiore existing landowner soll conservation structures to the approximate pre-construction line and grade. The installation of post-baokfil erosion control structures willbe completed within 30 days of backfil unless prevented by weather, frazen soil conditions, ‘or unforeseen circumstances. 83.4 Timing of Seeding Keystone will seed portions of the right-ofsway that are not cropland (e.g,, annual crops such as corn, soybeans, of wheat, of perennial crops such as alfalfa). Depending on the season in which backfl is ‘completed, revegetation may be most successful if seeding is delayed until favorable soil or weather conditions are present. Specifically, both the state and the local Natural Resource Conservation Service (NRCS) offices have advised Keystone not to apply many of the permanent seed mixes between approximately late June and mid-October since temperature end soil moisture may not be optimal to establish revegetation without subsequent reseeding, Based on these recommendations and the season in which backfil is completed, seeding may not be completed within 30 days of backfl Pago) 10 8.3.5 Timing of Mulching ‘The application of straw mulch or hydromulch following topsoil replacement may ke necessary to mit erosion depending on slope and soll type, Although interim mulch may be applied at any time during onstruction to limit erosion, permanent mulch is not epplied until after seeding is completed. Hf mulch was applied prior to seeding for temporary erosion control, the excess mulch will be removed and tispased of prior to seeding to ensure thet seed drills and soil packing equipment do not become plugged with excess mulch and to support an adequate seadbed 8.4 EROSION CONTROL Erosion and sediment control measures ere installed to ensure the restoration of areas affected by the pipeline and to create a “safe and stable landscape” as descrbbed in Nebraska Revised Statute, Section 56-3303(2), The following information summarizes the procedures Keystone will implement to mit and manage erosion on the Preferred Route, The CMRP (see Sections 4,6 and 4.11; Appendix D) describes Specific Installation methods and materials that will be utlized 28 well as inspection and maintenance procedures B41 Sediment Barriers Sediment barriers will be installed as necessary depending on slope, soll conditions, and adjacent Fesources (/e., wetlands) to limit sedimentation from construction to adjacent lands. In general, sediment barriers will be installad in the following types of reas: «The base of slopes adjacent to road crossings; ¢ The edge of the right-of-way adjacent to and up-aradient of a roadway, flowing stream, spring, wetland, or impoundment; ‘+ Trench or test water discharge locations where required, ‘+ Where waterbodies or wellands are adjacent to the right-of-way; = Across the right-of-way at flowing waterbody crossings; 2 Aeros the right-of-way immediately upslope of the wetland boundary et standard (saturated or standing water) wetland crossings as necessary to prevent sediment flow ints the wetland, end «Along the edge of the right-of-way where saturated or standing water wetlands are present, as necessary to contain spoil and sediment within the right-of-way. 84.2 Trench Plugs (Trench Breakers) “Trench plugs (also called trench breakers) will be installed at waterbody and wetland crossings to prevent diversion of water into upland portions of the pipeline trench and to keep any accumulated trench water ‘out of the waterbody. Trench plugs will also be Installed immediately upsiope and below permanent slope breakers to prevent subsurface water movement and trench subsidence. Pago |20 84.3. Slope Breakers (Water Bars) ‘Temporary slope breakers will be installed as necessary during construction to limit and manage surface water flaw down the right-of-way. Peimanent slope breakers will be installed following trench back and during topsoil replacement for the same purpose. Temporary slope breakers may be installed on cultivated land, however, permanent slope breakers are not typically installed on cultivated land following backfil unless directed by the landowner. Siope breakers will be installed on slopes greater than five percent at the following recommended spacing: Approximate Spacing Slope (") Between Slope Breakers (feat) 5-15 300 >15-30 200 230 400 ‘The outfall of each slope breaker will be to @ stable, well-vagetated area or to a constructed eneray- dissipating device at the end of the slope breaker. The outfall of each slope breaker shall be installed to prevent sediment discharge into wetlands, waterbodlies, or other sensitive resources and shall be constructed to limit the retum flow of water tothe right-of-way 8.4.4 — Mulching and Gover Crops ‘Mulch may be required on lsturhed areas to limit erosion, depending on soil conditions, slope, seeding method, and landowner preference as noted in Nebraska Revised Statute Section 76-3308(2). Keystone Consulted with stata and local resources specialists including university and NRCS scientists regarding the use of mulch and seed mixes, ‘Temporary mulch and/or seed may be applied to disturbed construction work areas that have been inactive for one month or are expected to be inactive for longer than a month. Noxious weed-free siraw mulch or hay will be applied on slopes and will be spread uniformly to caver at least 75 percent of the ground surface at an approximate rate of two tons per acre of straw ar its equivalent. Mulch application ‘on slopes within 100 feet of waterbodles and wetlands will be increased to an approximate rate of three tons per acre. Permanent mulch typically will be applied after permanent seeding on areas with high erosion potential (ie, sandy soils) and on slopes greater than elght percent unless. site-specific conditions or circumstances dictate otherwise, such as landowner preference or the use of a cover crop in leu of mulching. Noxious weed-free mulch will be spread uniformly over the disturbed area to cover at least 75 percent of the ground surface at an approximate rate of two tons per acre cf straw or its equivalent. Permanent straw mulch will be anchored into the soll with a crimping tool Croplands may be seeded on the right-of-way In inactive construction ereas es described sbove, or following topsoll replacement. Seed will be applied to disturbed surfacas, except cultivated fields (unless requested by the landowner). The final seed mix shall be based on ingut from the NRCS and the availability of seed. Seed mixes will comply wth the Federal Sead Act (FSA), 7 USC 1551 et seq, the Nebraska Seed Law, and the Noxious Weed Contra! Act 845 Tackifler Topsoil stockpiles or the right-of-way may be sprayed with water to minimize wind erosion and dust. If watting topsoil piles with water does not prevent wind erosion, biodegradable tackifir, or other similar measures, will be applied to topsoil stockpiles, Tackifier, or other measures, would be reapplied if Page|21 construction traffic, cattle grazing, heevy rains, or other related construction activity disturb the tackified topsoil pllas and create 2 potential for wind erosion. No asphalt-besed tackifiers would be used. 84,6 Erosion Control Matting Erosion control matting such as biodegradable natural straw or coconut floer wil be utlized to minimize erosion at waterbody banks and on slopes. In areas that are too steep oF rocky to safely or effectively ‘porate mechanical mulch-enchoring tools, Keystone may use tackifiers, hydromulch or similar materials for erosion contrat 8.8 REVEGETATION Revegetation is @ crtical component of reclamation 25 specified in the Reclamation Act at Nebraska Revised Statute Sections 76-2203(2), 76-4308(1), and 76-3308(2). Consistent with the Reclamation Act, {tis Keystone’s infant to revegetate the right-of-way as near as practicable to pre-construction conditions to ensure: 1) equivalent land capably folowing construction, and 2) the establishment of diverse native Hlant communities where these communities exist along the Project. The Reclemation Act further Species that Koysione must ensure “gneticaly appropriate and locally adepted netive plan! materials ahd seads are used based on site characteristics end surrounding vegetation as determined by & preconstruction site inventory’ (see Nebraska Revised Statute Section 76-3308(2)) end that seed eonforms to the FSA, 7 USC 1551 et seq., the Nebraska Seed Law, and the Noxious Weed Control Act (Gee Nebraska Revised Statite Section 783308(1)) Keystone has completed numerous pre-construction vegetation inventories along the Preferred Rout to document existing vegetation and to develop compatible seed mixes. These seed mixes have been discussed vith local and state resource specialists including University of Nebraska and NRCS scientists, nd those discussions ete a part of the public record before the DOS. Keystone has lso requested, from the NRCS and the Farm Service Agency, specific seed mixes to utilize on Conservation Reserve Program (CRP) lands. Further, Keystone hes worked with landowners who have requested specific seed mixes for their properties ether to develop landowner-approved seed mixes of to determine if the prescribed seed mix for a property would be acceptable to the landowner. In the course of university and agency consultation, ‘Be welles in discussions with landowners, Keystone has requested and received lists of “genetically Zpproptiate and locally adapted” plant materials and seed. Based on these consultations and Gercvasions, Keystone hes developed native seed mixes of diverse species for use in native prairies and Environments, a8 well as, non-native pasture mixes for use in non-native hay and agricultural land Provided below is a lst of native seed mixes that have been developed for different land and vegetation types in Nebraska Mixed Grasslands © Riparian Forest «Tall Grasslands © Sandy Prairie «© Sub-rrigated Pasture ‘The following non-native seed mixes have been developed for diferent land and vegetation types in Nebraska: Page | 22