Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.1 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority and purpose.
The rules in this chapter are adopted
			 by the Iowa utilities commission pursuant to the authority granted to the
			 commission in Iowa Code sections 479.29 and 479B.20 to establish standards for
			 the restoration of agricultural lands during and after pipeline construction.
			 These rules constitute the minimum standards for restoration of agricultural
			 lands disturbed by pipeline construction. These rules do not apply to land
			 located within city boundaries, unless the land is used for agricultural
			 purposes, or to interstate natural gas pipelines.
When a project-specific land restoration plan is required
				pursuant to Iowa Code section 479.29(9)  or 479B.20(9), following notice and
				comment, the commission may impose additional or more stringent standards as
				necessary to address issues specific to the nature and location of the
				particular pipeline project. Where a project-specific land restoration plan is
				not required pursuant to Iowa Code section 479.29(9)  or 479B.20(9), the rules
				in this chapter shall constitute the minimum land restoration standards for any
				pipeline construction.
(2)
Definitions.
The following words and terms, when used in these
			 rules, shall have the meanings indicated below:
"Affected person"
means any person with a
				legal right or interest in the property, including, but not limited to, a
				landowner, a contract purchaser of record, a person possessing the property
				under a lease, a record lienholder, and a record encumbrancer of the
				property.
"Agricultural land"
means any land devoted to
				agricultural use, including, but not limited to, land used for crop production,
				cleared land capable of being cultivated, hay land, pasture land, managed
				woodlands and woodlands of commercial value, truck gardens, farmsteads,
				commercial agricultural-related facilities, feedlots, rangeland, livestock
				confinement systems, land on which farm buildings are located, and land used to
				implement management practices and structures for the improvement or
				conservation of soil, water, air, and related plant and animal
				resources.
"Commission"
means the utilities commission
				within the utilities division of the department of commerce.
"County inspector"
means a professional
				engineer who is licensed under Iowa Code chapter 542B, who is familiar with
				agricultural and environmental inspection requirements, and who is designated
				by the county board of supervisors to be responsible for completing an on-site
				inspection for compliance with this chapter and Iowa Code chapters 479 and
				479B.
"Drainage structures"
or
"underground
				improvements"
means any permanent structure used for draining
				agricultural lands, including tile systems and buried terrace outlets.
"Hazardous liquid"
means crude oil, refined
				petroleum products, liquefied petroleum gases, anhydrous ammonia, liquid
				fertilizers, liquefied carbon dioxide, alcohols, and coal slurries.
"Person"
means individual, corporation,
				limited liability company, government or governmental subdivision or agency,
				business trust, estate, trust, partnership or association, or any other legal
				entity as defined in Iowa Code section 4.1(20).
"Pipeline"
means any pipe, pipes, or pipelines
				used for the transportation or transmission of any solid, liquid, or gaseous
				substance, except water, or hazardous liquid, within or through Iowa.
"Pipeline company"
means any person engaged in
				or organized for the purpose of owning, operating, or controlling
				pipelines.
"Pipeline construction"
means activity
				associated with installation, relocation, replacement, removal, or operation or
				maintenance of a pipeline that disturbs agricultural land, but shall not
				include work performed during an emergency, tree clearing, or topsoil surveying
				completed on land under easement with written approval from the landowner.
				Emergency means a condition involving clear and immediate danger to life,
				health, or essential services, or a risk of a potentially significant loss of
				property. When the emergency condition ends, pipeline construction will be in
				accordance with these rules.
"Proper notice to the county inspector"
means
				that the pipeline company and its contractors shall keep the county inspector
				continually informed of the work schedule and any changes to the schedule, and
				shall provide at least 24 hours' written notice before commencing or continuing
				any construction activity which requires inspection by the county inspector,
				including, but not limited to, right-of-way staking, clearing, boring, topsoil
				removal and stockpiling, trenching, tile marking, tile screening, tile repairs,
				backfilling, decompaction, cleanup, restoration, or testing at any project
				location. The pipeline company may request that the county inspector designate
				a person to receive such notices. If proper notice is given, construction shall
				not be delayed due to a county inspector's failure to be present on
				site.
"Soil conservation practices"
means any land
				conservation practice recognized by federal or state soil conservation
				agencies, including, but not limited to, grasslands and grassed waterways, hay
				land planting, pasture, and tree plantings.
"Soil conservation structures"
means any
				permanent structure recognized by federal or state soil conservation agencies,
				including, but not limited to, toe walls, drop inlets, grade control works,
				terraces, levees, and farm ponds.
"Surface drains"
means any surface drainage
				system, such as shallow surface field drains, grassed waterways, open ditches,
				or any other conveyance of surface water.
"Till"
means to loosen the soil in preparation
				for planting or seeding by plowing, chiseling, discing, or similar means. For
				the purposes of this chapter, agricultural land planted using no-till planting
				practices is also considered tilled.
"Topsoil"
means the uppermost layer of the
				soil with the darkest color or the highest content of organic matter, generally
				referred to as the "A" horizon. In areas where the "A" horizon is determined by
				a certified professional soil scientist to be less than 12 inches, the topsoil
				depth shall include both the "A" and the "Bw" horizons as determined by the
				March 2017 United States Department of Agriculture Soil Survey Manual. Topsoil
				depth is to be determined under the supervision of a certified professional
				soil scientist.
"Underground storage"
means storage of either
				natural gas or hazardous liquid in a subsurface stratum or formation of the
				earth.
"Wet conditions"
means adverse soil conditions
				due to rain events, antecedent moisture, or ponded water, where the passage of
				construction equipment may cause rutting that mixes topsoil and subsoil, may
				prevent the effective removal or replacement of topsoil and subsoil, may
				prevent proper decompaction, or may damage underground tile
				lines.