{"operation":"document","citation":"PI-72-0119","title":"Mr. Kenneth Kunkler — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1972-03-31","effective_on":null,"summary":"PI-72-0119 concerning 192.327.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0119.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0119.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0119","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1972/g72-03-31_Kunkler_192.327-nlmx.pdf","body":"<<<PAGE 1>>>\n\nPI-72-0119\nMarch 31, 1972\nMr. Kenneth Kunkler\nSt Anthony, Indiana 47575\nDear Mr. Kunkler:\nThis is in further reply to your letter regarding the Michigan Wisconsin pipeline crossing your father's farm.\nWe have received a reply from this company regarding your complaint that their pipe was set too high to reconnect\na tile they intersected. Their letter, which is enclosed, indicates that they have rerouted this tile line with the\napproval of the Soil Conservation Service. They also indicate that they did some other work on tile lines on your\nfather's property in the Vicinity of their pipeline that was installed 14 years ago. They State that they plan to seed\nthe right-of-way and restore some survey markers this spring.\nThe company indicates that the pipeline has 50” of cover at the point in question. Fifty inches of cover complies with\nSection 192.327 of Title 49 of the Code of Federal Regulations.\nAs we set forth in our letter of January 31, 1972, the Department of Transportation has no legal basis for participating in\nthe settlement of right-of-way problems resulting from pipeline construction. You will have to make a settlement with\nthe company regarding this matter.\nWe trust that this has assisted you regarding your particular situation. If we can be of further assistance, please let us\nknow.\nSincerely,\nOriginal signed by:\nMr. Joseph C. Caldwell\nActing Director\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nMichigan Wisconsin Pipe Line Company\nOne Woodward Avenue\nDetroit, Michigan 48226\nFebruary 24, 1972\nMr. Joseph C. Caldwell\nActing Director\nOffice of Pipeline Safety\nOffice of the Secretary of Transportation\nWashington, D. C. 20590\nDear Mr. Caldwell:\nRe: Kenneth B. Kunkler Complaint\nWe have thoroughly investigated the circumstances relating to the complaint of Mr. Kenneth B. Kunkler and\nherewith submit a report on our findings.\nThe pipe line in question is 36\" in diameter and was constructed in 1970 under a certificate of Public Convenience\nand Necessity issued by the Federal Power Commission on May 19, 1970 in Docket CP 70-183.\nThe pipe line was placed in service in November, 1970, but because of very muddy conditions, the final clean-up,\ntile installation and fence restoration, was deferred until April - May, 1971. At that time it was discovered that the pipe\nline, which at that point has 50\" of cover, was 6\" to 10\" higher than it should have been in order to permit reinstallation\nof the tile at its original location.\nIn order to solve this problem we consulted with the United States Soil Conservation Service in Jasper, Indiana and\non May 3, 1971, Mr. Theron Seeman of that office submitted to us a plan for rerouting this tile line, which plan would\nsolve the problem. The tile line was rerouted by our contractor and Mr. Seeman of the Soil Conservation Service\napproved the method and the finished work. It is our understanding that Mr. Seeman designed the original tile system in\nthe subject field and he therefore was well qualified to recommend the method utilized.\nDuring OUT discussions with Mr. Kunkler, he complained about other drainage problems he had in the vicinity of\npipe lines that had been installed many years ago. Although there was no way to definitely determine the cause of the\nother drainage problems, we did relay some 800 feet of his tile lines in the vicinity of lines that were installed some 14\nyears ago. This work was done by a contractor at a cost to Michigan Wisconsin of $1,703.48.\nWe recognize that there is still some clean-up work to do on the property, namely, seeding the right-of-way and\nrestoring some survey markers. This work is planned for this spring and we have so advised Mr. Kunkler. He has\nindicated that he does not wish to discuss a final settlement for damages until he has received a response from your\noffice. I have instructed our right-of-way people to again visit Mr. Kunkler as soon as possible with a view toward\nresolving the difference.\nIn summary, the tile line was reconnected in May, 1971 by rerouting and other minor clean-up will be completed as\nsoon as spring weather permits. As earlier noted, our pipeline has 50\" of cover at the point in question.\nI trust that this information will assist you in responding to Mr. Kunkler's letter, but in the event you desire\nadditional information, please advise. If you wish to send Mr. Kunkler a copy of this letter, we would have no objection.\nVery truly yours,","truncated":false,"body_characters":4427}