APPENDIX D 

KERN RIVER PLAN 

UPLAND EROSION CONTROL, REVEGETATION, AND MAINTENANCE PLAN 
Apex Expansion Project 

Upland Erosion Control, Revegetation, and 

Maintenance Plan 

Kern River Gas Transmission Company 

November 2009
 -iTABLE OF CONTENTS 

I. APPLICABILITY .............................................................................................................1

II. SUPERVISION AND INSPECTION ...............................................................................1

A. ENVIRONMENTAL INSPECTION.........................................................................1

B. RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS ...............................2

III. PRECONSTRUCTION PLANNING................................................................................4

A. CONSTRUCTION WORK AREAS ........................................................................4

B. DRAIN TILE AND IRRIGATION SYSTEMS..........................................................4

C. GRAZING DEFERMENT.......................................................................................4

D. ROAD CROSSINGS AND ACCESS POINTS.......................................................5

E. DISPOSAL PLANNING .........................................................................................5

F. AGENCY COORDINATION ..................................................................................5

G. STORMWATER POLLUTION PREVENTION PLAN ............................................5

IV. INSTALLATION..............................................................................................................5

A. APPROVED AREAS OF DISTURBANCE.............................................................5

B. TOPSOIL SEGREGATION....................................................................................7

C. DRAIN TILES ........................................................................................................8

D. IRRIGATION .........................................................................................................8

E. ROAD CROSSINGS AND ACCESS POINTS.......................................................8

F. TEMPORARY EROSION CONTROL....................................................................8

1. Temporary Slope Breakers...........................................................................8

2. Sediment Barriers.........................................................................................9

3. Mulch ..........................................................................................................10

V. RESTORATION ...........................................................................................................11

A. CLEANUP ...........................................................................................................11

B. PERMANENT EROSION CONTROL DEVICES.................................................12

1. Trench Breakers .........................................................................................12

2. Permanent Slope Breakers ........................................................................12

C. SOIL COMPACTION MITIGATION.....................................................................13

D. REVEGETATION ................................................................................................13

1. General.......................................................................................................13

2. Soil Additives ..............................................................................................14

3. Seeding Requirements ...............................................................................14

VI. OFF-ROAD VEHICLE CONTROL................................................................................15

VII. POST-CONSTRUCTION ACTIVITIES.........................................................................15

A. MONITORING AND MAINTENANCE .................................................................15

B. REPORTING .......................................................................................................16
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Apex Expansion Project 

Upland Erosion Control, Revegetation, and Maintenance Plan (Plan) 

I. APPLICABILITY

A. Kern River Gas Transmission Company (Kern River) has prepared this Apex 

Expansion Project (Project) Upland Erosion Control, Revegetation and 

Maintenance Plan (Kern River Plan) to meet or exceed the best management 

practices and mitigation measures included in the Federal Energy Regulatory 

Commission (FERC) Upland Erosion Control, Revegetation and Maintenance 

Plan (FERC Plan). Mitigation measures have been included to address the 

greater potential for erosion and sediment transport in critical slope areas 

found along the alignment in the Wasatch Mountains. The intent of the Kern 

River Plan document is to identify baseline mitigation measures for 

minimizing erosion and enhancing revegetation. The Kern River Plan will also 

be provided to the contractor(s) and inspectors who will be constructing the 

pipeline on behalf of Kern River. 

 Where the Kern River Plan departs substantially from the FERC Plan, the 

Project specific text is highlighted as bold text and FERC Plan requirements 

noted in an adjacent boxed text. Other changes throughout the Kern River 

Plan are noted in italics. Very minor formatting changes (Project sponsor to 

Kern River, should to will, etc.) are not specifically called out in the Kern River 

Plan text. 

 Once the Project is certificated, changes to the Kern River Plan can be 

approved only upon Kern River submitting a written request to the Director of 

the Office of Energy Projects (Director), and if the Director finds that an 

alternative measure: 

1. provides equal or better environmental protection; 

2. is necessary because a portion of the Kern River Plan is infeasible or 

unworkable based on Project-specific conditions; or 

3. is specifically required in writing by another Federal, state, or Native 

American land management agency for the portion of the Project on 

its land or under its jurisdiction. 

Any requirements in the Kern River Plan to file material with the Secretary of 

the FERC (Secretary) do not apply to projects undertaken under the 

provisions of the blanket certificate program. This exemption does not apply 

to a request for alternative measures. 

Project-related impacts on wetland and waterbody systems are addressed in 

Kern River’s Wetland and Waterbody Construction and Mitigation Procedures 

(Kern River Procedures). 

II. SUPERVISION AND INSPECTION

A. ENVIRONMENTAL INSPECTION 

1. At least one Environmental Inspector will be assigned to each 

construction spread during construction and restoration (as defined by 
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Section V). The number and experience of Environmental Inspectors 

assigned to each construction spread will be appropriate for the length 

of the construction spread and the number/significance of resources 

affected. A full time inspector will assigned to each existing 

compressor station until initial ground work and temporary erosion 

control devices are installed. 

2. Environmental Inspectors shall have peer status with all other activity 

inspectors. 

3. Environmental Inspectors shall have the authority to stop activities 

that violate the environmental conditions of the Certificate of Public 

Convenience and Necessity (Certificate), state and Federal 

environmental permit conditions, or landowner agreements; and will 

have the necessary authority to order appropriate corrective action be 

taken. 

B. RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS 

At a minimum, the Environmental Inspector(s) shall be responsible for: 

1. Ensuring compliance with the requirements of this Kern River Plan, 

the Procedures, the environmental conditions of the Certificate 

authorization, the mitigation measures proposed by Kern River and as 

approved and/or modified by the Certificate, other environmental 

permits and approvals, and environmental requirements made part of 

landowner easement agreements; 

2. Identifying, documenting, and overseeing corrective actions, as 

necessary to bring an activity back into compliance. Occurrences of 

noncompliance will be tracked in a data management system by type 

of noncompliance, the nature of corrective action described, and a 

timely follow-up noted to document that the corrective action fully 

resolved the non-compliance activity;

3. Verifying that the limits of authorized construction work areas and 

locations of access roads are properly marked before clearing; 

4. Verifying the location of signs and highly visible flagging marking the 

boundaries of sensitive resource areas, waterbodies, wetlands, or 

areas with special requirements along the construction work area; 

5. Identifying erosion/sediment control and soil stabilization needs in all 

areas; 

6. Ensuring that the location of dewatering structures and slope breakers 

will not direct water into known cultural resources sites or locations of 

sensitive species; 

7. Verifying that trench dewatering activities do not result in the 

deposition of sand, silt, and/or sediment near the point of discharge 

into a wetland or waterbody. If such deposition is occurring, the 

dewatering activity shall be stopped and the design of the discharge 

shall be changed to prevent reoccurrence; 
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8. Ensuring that subsoil and topsoil are tested in agricultural and 

residential areas to measure compaction and determine the need for 

corrective action; 

9. Advising the Lead Inspector when conditions (such as wet weather) 

make it advisable to restrict construction activities to avoid excessive 

rutting; 

10. Ensuring restoration of contours and topsoil; 

11. Verifying that the soils imported for agricultural or residential use have 

been certified as free of noxious weeds and soil pests, unless 

otherwise approved by the landowner; 

12. Determining the need for and ensuring that erosion controls are 

properly installed, as necessary to prevent sediment flow into 

wetlands, waterbodies, sensitive areas, and onto roads; 

13. Inspecting and ensuring the maintenance of temporary erosion control 

measures at least: 

a. on a daily basis in areas of active construction or equipment 

operation; 

b. on a weekly basis in areas with no construction or equipment 

operation; and 

c. within 24 hours of each 0.5 inch of rainfall; 

14. Ensuring the repair of all ineffective temporary erosion control 

measures within 24 hours of identification; 

15. Keeping records of compliance with the environmental conditions of 

the FERC certificate, and the mitigation measures proposed by Kern 

River in the formal FERC 7(c) filing, and other applicable Federal, 

state or local environmental permits that may have been obtained 

post-certificate. These records will be maintained during active 

construction and restoration; and then provided to Kern River staff 

who will be operating and maintaining the pipeline and above-ground 

facilities. 

16. Identifying areas that should be given special attention to ensure 

stabilization and restoration after the construction phase. Some of the 

mitigation and/or restoration requirements will extend beyond the 

timeframe of construction. Specific areas requiring monitoring and the 

possibility of future corrective action will be noted and provided to 

Kern River operations and maintenance staff.
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III. PRECONSTRUCTION PLANNING

To the maximum extent feasible, Kern River proposes to conduct all preconstruction 

planning prior to the formal FERC filing and submit documentation of preconstruction 

planning in the appropriate Resource Reports and their appendices. Kern River shall 

do the following prior to construction commencing: 

A. CONSTRUCTION WORK AREAS 

1. Identify all construction work areas (e.g., construction right-of-way, 

extra work space areas, pipe storage and contractor yards, borrow 

and disposal areas, access roads, etc.) that will be needed for safe 

construction. Kern River will ensure that appropriate cultural 

resources and biological surveys have been conducted. 

2. Kern River has expanded the cultural and ecological survey corridors 

in anticipation of the need for activities outside of certificated work 

areas that could not be identified during the certificate process.

3. Identify areas with potential for severe erosion problems prior to 

initiating construction. Kern River will develop a table during the 

engineering design phase indicating areas of historical, existing, or 

potential severe erosion problems. These areas will be noted on the 

construction alignment sheets so that contractors can properly plan to 

employ specialized construction techniques to minimize short- and 

long-term erosion. 

B. DRAIN TILE AND IRRIGATION SYSTEMS 

1. Kern River will attempt to locate all existing drain tiles and irrigation 

systems during the pre-filing process. 

2. Contact landowners and local soil conservation authorities to 

determine the locations of future drain tiles that are likely to be 

installed within 3 years of the authorized construction. 

3. Develop procedures for constructing through drain-tiled areas, 

maintaining irrigation systems during construction, and repairing drain 

tiles and irrigation systems after construction. 

4. Engage qualified drain tile specialists, as needed to conduct or 

monitor repairs to drain tile systems affected by construction. Use 

drain tile specialists from the Project area, if available. 

C. GRAZING DEFERMENT 

Develop grazing deferment plans with willing land owners, grazing 

permittees, and land management agencies to minimize grazing disturbance 

of revegetation efforts. Kern River will coordinate with landowners for any 

special grazing deferment plans and incorporate these agreements into the 

planning and construction phase of the Project. 
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D. ROAD CROSSINGS AND ACCESS POINTS 

Plan for safe and accessible conditions at all roadway crossings and access 

points during construction and restoration. 

E. DISPOSAL PLANNING 

Determine methods and locations for the disposal of construction debris (e.g., 

timber, slash, mats, garbage, drilling fluids, excess rock, etc). Off-site 

disposal in other than commercially operated disposal locations is subject to 

compliance with all applicable survey, landowner permission, and mitigation 

requirements. 

F. AGENCY COORDINATION 

Kern River will consult and coordinate with all of the appropriate local, state, 

and Federal agencies as outlined in this Kern River Plan and in the Certificate 

prior to initiating any construction related activities to: 

1. Obtain written recommendations from the local soil conservation 

authorities or land management agencies regarding permanent 

erosion control and revegetation specifications. 

2. Develop specific procedures in coordination with the appropriate 

agency to prevent the introduction or spread of noxious weeds and 

soil pests resulting from construction and restoration activities. 

3. Consult with U.S. Forest Service (USFS), Bureau of Land 

Management (BLM), Natural Resources Conservation Service 

(NRCS) and Utah Department of Wildlife Resources (UDWR) for 

recommendations on native grass and forb mixture for revegetation. 

G. STORMWATER POLLUTION PREVENTION PLAN 

Make available on each construction spread the Stormwater Pollution 

Prevention Plan prepared for compliance with the U.S. Environmental 

Protection Agency's National Stormwater Program General Permit 

requirements. 

IV. INSTALLATION

A. APPROVED AREAS OF DISTURBANCE 

1. Project-related ground disturbance shall be limited to the construction

right-of-way, extra work space areas, pipe storage yards, borrow and 

disposal areas, access roads, and other areas approved in the 

Certificate. Any Project-related ground disturbing activities outside 

these Certificated areas, except those needed to comply with the 

FERC Plan and Procedures (e.g., slope breakers, energy-dissipating 

devices, dewatering structures, drain tile system repairs) will require 

prior Director approval. All construction or restoration activities outside 

of the Certificated areas are subject to all applicable survey and 

mitigation requirements. 
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2. The nominal construction right-of-way width for the Kern River 

Project shall not exceed 100 feet in upland areas or that 

described in the FERC application unless otherwise modified by 

a Certificate condition. However, in limited, non-wetland areas, 

this construction right-of-way width may be expanded by up to 

25 feet without Director approval to accommodate full 

construction right-of-way topsoil segregation and to ensure safe 

construction where topographic conditions or soil limitations 

require it. Additional temporary workspaces will be required in 

site-specific instances where side-hill cuts are required, at HDD 

sites, foreign pipeline and road/railway crossings, and in 

instances of full-width topsoil segregation. These extra 

workspace areas will be noted on the alignment sheets and listed 

in an appendix to Resource Report 8 as part of the FERC NGA 7c 

Application filing. 

Applicable FERC Plan Text 

The construction right-of-way width for a project shall not exceed 75 

feet or that described in the FERC application unless otherwise 

modified by a Certificate condition. However, in limited, non-wetland 

areas, this construction right-of-way width may be expanded by up to 

25 feet without Director approval to accommodate full construction 

right-of-way topsoil segregation and to ensure safe construction 

where topographic conditions (such as side-slopes) or soil limitations 

require it. Twenty-five feet of extra construction right-of-way width 

may also be used in limited, non-wetland or non-forested areas for 

truck turn-arounds where no reasonable alternative access exists. 

Project use of these additional limited areas is subject to landowner 

approval and compliance with all applicable survey and mitigation 

requirements. When such additional areas are used, each one will be 

identified and the need explained in the weekly or biweekly 

construction reports to the FERC, if required. Any requests for ATWS 

identified during construction will be tracked in a data management 

system and categorized by type of variance request and outcomes or 

modifications to the request noted. 

The following material will be included in the reports: 

a. the location of each additional area by station number and 

reference to a previously filed alignment sheet, or updated 

alignment sheets showing the additional areas; 
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b. identification of where the Commission's records contain 

evidence that the additional areas were previously surveyed; 

and. 

c. a statement that landowner approval has been obtained and is 

available in Project files. 

Prior written approval of the Director is required when the Certificated 

construction right-of-way width would be expanded by more than 25 

feet. 

B. TOPSOIL SEGREGATION 

1. Unless the landowner or land management agency specifically 

approves otherwise, prevent the mixing of topsoil with subsoil by 

stripping topsoil from either the full work area or from the trench and 

subsoil storage area (ditch plus spoil side method) in: 

a. actively cultivated or rotated croplands and pastures; 

b. residential areas; 

c. hayfields; 

d. rangeland restoration areas; and 

e. other areas at the landowner's or land managing agency’s 

request, where topsoil is available. 

2. In residential areas importation of topsoil is an acceptable alternative 

to topsoil segregation. 

3. In deep soils (more than 12 inches of topsoil), segregate at least 12 

inches of topsoil. In soils with less than 12 inches of topsoil make 

every effort to segregate the entire topsoil layer. In very shallow soils 

or soils with stony substrates, Kern River will reduce the depth for 

segregating the topsoil to approximately 4 to 6 inches; However, 

where soils have a high content of cobbles, rocks, or boulders, or 

when surface fines are less than 4 to 6 inches deep, segregation may 

not be possible.

4. Where topsoil segregation is required, maintain separation of 

salvaged topsoil and subsoil throughout all construction activities. 

5. Segregated topsoil may not be used for padding the pipe. 

6. Topsoil segregation will only occur when safe conditions can be 

maintained.
 -8- 

C. DRAIN TILES 

1. Mark locations of drain tiles damaged during construction. 

2. Probe all drainage tile systems within the area of disturbance to check 

for damage. 

3. Repair damaged drain tiles to their original or better condition. Do not 

use filter-covered drain tiles unless the local soil conservation 

authorities and the landowner agree. Use qualified specialists for 

testing and repairs. 

4. For new pipelines in areas where drain tiles exist or are planned, 

ensure that the depth of cover over the pipeline is sufficient to avoid 

interference with drain tile systems. For adjacent pipeline loops in 

agricultural areas, install the new pipeline with at least the same depth 

of cover as the existing pipeline(s). 

D. IRRIGATION 

Maintain water flow in crop irrigation systems, unless shutoff is coordinated 

with affected parties.

E. ROAD CROSSINGS AND ACCESS POINTS 

1. Maintain safe and accessible conditions at all road crossings and 

access points during construction. 

2. If crushed stone access pads are used in residential or active 

agricultural areas, place the stone on synthetic fabric to facilitate 

removal. 

F. TEMPORARY EROSION CONTROL 

Install temporary erosion controls immediately after initial disturbance of the 

soil. Temporary erosion controls must be properly maintained throughout 

construction (on a daily basis) and reinstalled as necessary (such as after 

backfilling of the trench) until replaced by permanent erosion controls or 

restoration is complete. 

1. Temporary Slope Breakers 

a. Temporary slope breakers are intended to reduce runoff 

velocity and divert water off the construction right-of-way. 

Temporary slope breakers may be constructed of materials 

such as soil, silt fence, or staked straw bales, or sand bags. 

b. Install temporary slope breakers on all disturbed areas, as 

necessary to avoid excessive erosion. Temporary slope 

breakers must be installed on slopes greater than 5 percent 

where the base of the slope is less than 50 feet from 

waterbody, wetland, and road crossings at the following 

spacing (closer spacing will be used if necessary): 
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Slope (%) Spacing (feet)

5 – 15 300 

>15 – 30 200 

>30 100 

c. Direct the outfall of each temporary slope breaker to a stable, 

well vegetated area or construct an energy-dissipating device 

at the end of the slope breaker and off the construction rightof-way. 

d. Position the outfall of each temporary slope breaker to prevent 

sediment discharge into wetlands, waterbodies, or other 

sensitive resources. 

e. Kern River will apply stringent erosion and sediment control 

measures, aggressive slope stabilization measures, and 

conduct frequent monitoring during and after construction in 

critical slope areas. Critical slopes are characterized as steep 

approaches to stream and waterbody crossings where the 

pipeline trench is parallel to the slope angle, areas where bank 

erosion can destabilize slopes, drainage is concentrated, and 

areas where sediments can directly enter receiving waters. 

f. In areas designated as critical slope areas, the spacing of 

Temporary Slope Breakers will be adjusted to address the 

potential for increased erosion and sediment transport. 

2. Sediment Barriers 

a. Sediment barriers are intended to stop the flow of sediments 

and to prevent the deposition of sediments into sensitive 

resources. They maybe constructed of materials such as silt 

fence, staked straw bales, compacted earth (e.g., driveable 

berms across travelways), sandbags, or other appropriate 

materials. 

b. At a minimum, install and maintain temporary sediment 

barriers across the entire construction right-of-way at the base 

of slopes greater than 5 percent where the base of the slope is 

less than 50 feet from a waterbody, wetland, or road crossing 

until revegetation is successful as defined in this Plan. Leave 

adequate room between the base of the slope and the 

sediment barrier to accommodate ponding of water and 

sediment deposition. 

c. Where wetlands or waterbodies are adjacent to and 

downslope of construction work areas, install sediment 

barriers along the edge of these areas, as necessary to 

prevent sediment flow into the wetland or waterbody. 
 -10- 

3. Mulch 

a. Apply mulch on all slopes (except in actively cultivated 

cropland) concurrent with or immediately after seeding, where 

necessary to stabilize the soil surface and to reduce wind and 

water erosion. Spread mulch uniformly over the area to cover 

at least 75 percent of the ground surface at a rate of 2 

tons/acre of straw or its equivalent, unless the local soil 

conservation authority or landowner approves otherwise in 

writing. 

b. Mulch can consist of weed-free straw, wood fiber hydromulch, 

erosion control fabric, or some functional equivalent. 

c. Mulch before seeding if: 

(1) final grading and installation of permanent erosion 

control measures will not be completed in an area 

within 20 days after the trench in that area is backfilled 

(10 days in residential areas), as required in section 

V.A.1; or 

(2) construction or restoration activity is interrupted for 

extended periods, such as when seeding cannot be 

completed due to seeding period restrictions. 

d. If mulching before seeding, increase mulch application on all 

slopes within 100 feet of waterbodies and wetlands to a rate of 

3 tons/acre of straw or equivalent. 

e. If wood chips are used as mulch, do not use more than 1 

ton/acre and add the equivalent of 11 lbs/acre available 

nitrogen (at least 50 percent of which is slow release). 

f. Ensure that mulch is adequately anchored to minimize loss 

due to wind and water. 

g. When anchoring with liquid mulch binders, use rates 

recommended by the manufacturer. Do not use liquid mulch 

binders within 100 feet of wetlands or waterbodies. 

h. Install erosion control fabric on waterbody banks at the time of 

final bank recontouring. Anchor the erosion control fabric with 

staples or other appropriate devices. 
 -11- 

V. RESTORATION

A. CLEANUP 

1. Commence cleanup operations immediately following backfill 

operations. Complete final grading, topsoil replacement, and 

installation of permanent erosion control structures within 20 days 

after backfilling the trench (10 days in residential areas). If seasonal or 

other weather conditions prevent compliance with these time frames, 

maintain temporary erosion controls (temporary slope breakers and 

sediment barriers) until conditions allow completion of cleanup. 

Kern River will file with the Secretary for the review and written 

approval of the Director, a winterization plan if construction will 

continue into the winter season when conditions could delay 

successful decompaction, topsoil replacement, or seeding until the 

following spring. Kern River’s current construction schedule indicates 

construction will be completed in November, 2011. 

2. A travel lane may be left open temporarily to allow access by 

construction traffic if the temporary erosion control structures are 

installed (as specified in section IV.F.) and inspected and maintained 

(as specified in sections II.B.12 through14). When access is no longer 

required, the travel lane will be removed and the right-of-way restored. 

3. Rock excavated from the trench may be used to backfill the trench 

only to the top of the existing bedrock profile. Rock that is not returned 

to the trench will be considered construction debris, unless approved 

for use as mulch or for some other use on the construction work areas 

by the landowner. Rock not returned to the trench will be transported 

off of the right-of-way, used for other construction purposes or 

disposed of in an appropriate disposal location(s). 

4. Remove excess rock from at least the top 12 inches of soil in all 

actively cultivated or rotated cropland and pastures, hayfields, and 

residential areas, as well as other areas at the landowner's request. 

The size, density, and distribution of rock on the construction work 

area should be similar to adjacent areas not disturbed by construction. 

The landowner may approve other provisions in writing. 

5. Grade the construction right-of-way to restore pre-construction 

contours and leave the soil in the proper condition for planting. 

6. Remove construction debris from all construction work areas unless 

the landowner approves otherwise. 

7. Remove temporary sediment barriers when replaced by permanent 

erosion control measures or when revegetation is successful. 
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B. PERMANENT EROSION CONTROL DEVICES 

1. Trench Breakers 

a. Trench breakers are intended to slow the flow of subsurface 

water along the trench. Trench breakers may be constructed 

of materials such as sand bags or polyurethane foam. Do not 

use topsoil in trench breakers. 

b. An engineer or similarly qualified professional will determine 

the need for and spacing of trench breakers. Otherwise, trench 

breakers shall be installed at the same spacing as and 

upslope of permanent slope breakers. 

c. In agricultural fields and residential areas where slope 

breakers are not typically required, install trench breakers at 

the same spacing as if permanent slope breakers were 

required. 

d. At a minimum, install a trench breaker at the base of slopes 

greater than 5 percent where the base of the slope is less than 

50 feet from a waterbody or wetland and where needed to 

avoid draining a waterbody or wetland. 

2. Permanent Slope Breakers 

a. Permanent slope breakers are intended to reduce runoff 

velocity, divert water off the construction right-of-way, and 

prevent sediment deposition into sensitive resources. 

Permanent slope breakers may be constructed of materials 

such as soil, sand bags, or some functional equivalent. 

b. Construct and maintain permanent slope breakers in all areas, 

except cultivated areas and lawns, using spacing 

recommendations obtained from the local soil conservation 

authority or land managing agency. 

In the absence of written recommendations, use the following 

spacing unless closer spacing is necessary to avoid excessive 

erosion on the construction right-of-way: 

Slope (%) Spacing (feet)

5 – 15 300 

>15 – 30 200 

>30 100 

c. Construct slope breakers to divert surface flow to a stable area 

without causing water to pool or erode behind the breaker. In 

the absence of a stable area, construct appropriate energydissipating devices at the end of the breaker. 
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d. Slope breakers may extend slightly (about 4 feet) beyond the 

edge of the construction right-of-way to effectively drain water 

off the disturbed area. Where slope breakers extend beyond 

the edge of the construction right-of-way, they are subject to 

compliance with all applicable survey requirements. 

e. The spacing of permanent slope breakers in critical slope 

areas will mirror the spacing described for temporary 

slope breakers (see above at F.1.f). 

C. SOIL COMPACTION MITIGATION 

1. Kern River will test topsoil and subsoil for compaction at regular 

intervals in agricultural and residential areas disturbed by construction

activities. Kern River will conduct compaction tests on the same soil 

type under similar moisture conditions in undisturbed areas adjacent 

to the construction corridor to approximate preconstruction conditions. 

2. Plow severely compacted agricultural areas with a paraplow or other 

deep tillage implement. In areas where topsoil has been segregated, 

plow the subsoil before replacing the segregated topsoil. 

Alternatively, make arrangements with the landowner to plant and 

plow under a "green manure" crop, such as alfalfa, to decrease soil 

bulk density and improve soil structure. If subsequent construction 

and cleanup activities result in further compaction, conduct additional 

tilling. 

3. Perform appropriate soil compaction mitigation in severely compacted 

residential areas. 

D. REVEGETATION 

1. General 

a. Kern River will ensure successful revegetation of soils 

disturbed by project-related activities, except as noted in 

section V.D.1.b. Kern River will implement a monitoring 

compliance program as restoration progresses along the 

construction corridor and transition monitoring responsibilities 

to pipeline operations and maintenance when construction is 

complete. 

b. Kern River will restore all turf, ornamental shrubs, and 

specialized landscaping in accordance with the landowner's 

request, or compensate the landowner. Restoration work will 

be performed by personnel familiar with local horticultural and 

turf establishment practices. 
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2. Soil Additives 

Fertilize and add soil pH modifiers in accordance with written

recommendations obtained from the local soil conservation authority, 

land management agencies, or landowner. Incorporate recommended 

soil pH modifier and fertilizer into the top 2 inches of soil as soon as 

possible after application. 

3. Seeding Requirements 

a. Prepare a seedbed in disturbed areas to a depth of 3 to 4 

inches using appropriate equipment to provide a firm seedbed. 

When hydroseeding, scarify the seedbed to facilitate lodging 

and germination of seed. 

b. Seed disturbed areas in accordance with written 

recommendations for seed mixes, rates, and dates obtained 

from the local soil conservation authority or as requested by 

the landowner or land management agency. Seeding is not 

required in actively cultivated croplands unless requested by 

the landowner. 

c. Perform seeding of permanent vegetation within the 

recommended seeding dates. If seeding cannot be done within 

those dates, use appropriate temporary erosion control 

measures discussed in section IV.F. and perform seeding of 

permanent vegetation at the beginning of the next 

recommended seeding season. Lawns may be seeded on a 

schedule established with the landowner. 

d. In the absence of written recommendations from the local soil 

conservation authorities, seed all disturbed soils within 6 

working days of final grading, weather and soil conditions 

permitting, subject to the specifications in section V.D.3.a-c. 

e. Base seeding rates on Pure Live Seed. Use seed within 12 

months of seed testing. 

f. Treat legume seed with an inoculant specific to the species 

using the manufacturer’s recommended rate of inoculant 

appropriate for the seeding method (broadcast, drill, or hydro). 

g. In the absence of written recommendations from the local soil 

conservation authorities, landowner, or land managing agency 

to the contrary, a seed drill equipped with a cultipacker is 

preferred for seed application. 

Broadcast or hydroseeding can be used in lieu of drilling at 

double the recommended seeding rates. Where seed is 

broadcast, firm the seedbed with a cultipacker or imprinter 

after seeding. In rocky soils or where site conditions may limit 
 -15- 

the effectiveness of this equipment, other alternatives may be 

appropriate (e.g., use of a chain drag) to lightly cover seed 

after application, as approved by the Environmental Inspector. 

VI. OFF-ROAD VEHICLE CONTROL

To each landowner offer to install and maintain measures to control unauthorized 

vehicle access to the right-of-way. These measures may include: 

A. Signs; 

B. Fences with locking gates; and, 

C. Slash and timber barriers, pipe barriers, or a line of boulders across the rightof-way. 

VII. POST-CONSTRUCTION ACTIVITIES

A. MONITORING AND MAINTENANCE 

1. Conduct follow-up inspections of all disturbed areas after the first and 

second growing seasons to determine the success of revegetation. 

2. Revegetation in non-agricultural areas will be considered successful if 

upon visual survey the density and cover of non-nuisance vegetation 

are similar in density and cover to adjacent undisturbed lands. In 

agricultural areas, revegetation will be considered successful if crop 

yields are similar to adjacent undisturbed portions of the same field. 

Continue revegetation efforts until revegetation is successful. 

3. Monitor and correct problems with drainage and irrigation systems 

resulting from pipeline construction in active agricultural areas until 

restoration is successful. 

4. Restoration will be considered successful if the right-of-way surface 

condition is similar to adjacent undisturbed lands, construction debris 

is removed (unless requested otherwise by the landowner or land 

managing agency), revegetation is successful, and proper drainage 

has been restored. 

5. Routine vegetation maintenance clearing will not be done more 

frequently than every 3 years. However, to facilitate periodic corrosion 

and leak surveys, a corridor not exceeding 10 feet in width centered 

on the pipeline may be maintained annually in an herbaceous state. In 

no case will routine vegetation maintenance clearing occur between 

April 15 and August 1 of any year. 

6. Efforts to control unauthorized off-road vehicle use, in cooperation 

with the landowner, will continue throughout the life of the Project. 

Maintain signs, gates, and vehicle trails as necessary. 
 -16- 

7. Monitoring of sediment control performance in critical areas (as 

identified by Kern River during preconstruction planning and at 

environmentally sensitive stream approach slopes will be conducted 

and documented on a routine basis prior to and after major storms 

during construction and following the first two growing seasons after 

construction ceases. 

B. REPORTING 

1. Kern River will maintain records that identify by milepost: 

a. method of application, application rate, and type of fertilizer, 

pH modifying agent, seed, and mulch used; 

b. acreage treated; 

c. dates of backfilling and seeding; 

d. names of landowners requesting special seeding treatment 

and a description of the follow-up actions; and 

e. any problem areas and how they were addressed. 

Kern River will file with the Secretary quarterly activity reports documenting 

problems, including those identified by the landowner, and corrective actions 

taken for at least 2 years following construction.