{"operation":"document","citation":"PI-76-074","title":"Herbert Schroeder, Jr. — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1976-12-03","effective_on":null,"summary":"PI-76-074 concerning 192.327.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-074.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-074.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-074","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1976/PI76074.pdf","body":"<<<PAGE 1>>>\n\nDecember 3, 1976\nMr. Herbert Schroeder, Jr.\n7910 Kendelia\nHouston, Texas 77036\nDear Mr. Schroeder:\nThis is in reply to your letter dated September 14, 1976, concerning a 12-inch natural gas pipeline\ninstalled about 1955 across an existing drainage ditch on your property in Colorado County,\nTexas.\nThe Federal regulations for the \"Transportation of Natural and Other Gas by Pipeline,\" Part 192,\nTitle 49 of the Code of Federal Regulations (copy enclosed), became effective November 12,\n1970. Section 192.327 of the regulations prescribes minimum cover for transmission lines and\nmains measured at the time of construction from the ground surface or the bottom of a drainage\nditch, as applicable. However, Section 192.327 would not apply to the cover provided for the\npipeline on your property since the line was constructed prior to the effective date of the rule.\nThe Federal regulations do not prohibit a pipeline from obstructing the natural flow of a drainage\nditch. Nevertheless, such an obstruction may infringe on the rights of landowners provided by\ncommon law and you may wish to seek the advice of an attorney on this question.\nSincerely,\n\\signed\\\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\nEnclosure\ndal\\192\\327\\76-12-03\n1\n\n<<<PAGE 2>>>\n\nSeptember 14, 1976\nDepartment of Transportation\nWashington, D.C.\nDear Sirs:\nI have a drainage ditch that runs through my property in Colorado County, Texas. This\ndrainage ditch was put down in approximately 1900. The drainage ditch was put down by a\nrailroad company to move water away from a small railroad town. Contracts were entered into\nfrom time to time whereby the County came in and cleared out this drainage ditch although no\nformal easement was granted to the county government for the ditch.\nIn about 1955 a pipeline came through the tract of land. They lowered their line very\nlittle, if any, for this drainage ditch although it was clearly visible on the ground even to the most\namateur observer. In fact, the water now backs up in the drainage ditch and has a very difficult\ntime corssing [sic] the pipeline since they left very little ditch at the point at which they\nintersected. I might add that water once backed up into one man's house because of this. The\nresult is that this 12 inch gas line may only have about 12 inches of cover over it in the ditch at the\npresent item, and I would like to go in now and clear out this ditch as I am trying to develope this\nproperty. I am afraid, however, that if I went in and cleared it out the way it was before the\npipeline came through there would only be a few inches of coverage above the pipeline if that\nmuch.\nI have contacted the pipeline company on this matter, and at first they denied there was a\ndrainage ditch there when they laid the line down.\nThen after I showed them aerial maps taken about that time, and other information I had,\nthey argued that even if it was there at that time, since no one has complained to them in about 20\nyears, they should not have to do anything.\nI have tried to explain to them that there is only going to be problems once in about 20\nyears when a real strong rain falls in the area, but that a number of houses could have water in\nthem when that happens. They still maintain, however, that if I want to go in and clear out this\nold ditch, I must first lower the pipeline--all at my expense.\ndal\\192\\327\\76-12-03\n2\n\n<<<PAGE 3>>>\n\nPlease advise me:\n(1) the ditch?\nIf a pipeline is being laid and they come to a drainage ditch, what obligations do\nthe pipeline company have in this area? Can they obstruct the natural flow of the drainage down\n(2) Are there any requirements on how long this high pressure gas line must be below\nthe bottom of a drainage ditch? Below normal surface level?\nPlease respond to me at this address:\nHerbert Schroeder, Jr.\n7910 Kendelia\nHouston, Texas 77036\nThank you.\nSincerely,\n\\signed\\\nHerbert A. Schroeder, Jr.\ndal\\192\\327\\76-12-03\n3","truncated":false,"body_characters":3953}