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Information for Agricultural Land Owners

In November 2006, Empire Pipeline held a meeting specifically for member of the agricultural community so they could learn more about monitoring, inspection and mitigation techniques related to the Empire Connector Project. Copies of the complete Erosion and Sediment Control & Agricultural Mitigation Plan (ESCAMP) were also on hand at the meeting. As a condition of its FERC certificate, the Empire project team must adhere to the best practices detailed in the ESCAMP. The meeting presentation, handouts and ESCAMP are available to download. A second meeting was held in Penn Yan in September 2007.

Introduction

The Empire Connector Project will impact portions of farmland along the project route. Empire Pipeline wants farmers to be aware of the pipeline construction process and the mitigation techniques that will be incorporated to address the issues specific to farmers and the important industry they represent.

Farmers and other landowners are strongly encouraged to be active participants throughout all phases of the Empire Connector Project, beginning with the initial land surveys and continuing until crop yields are fully restored.

This section of the Web site, and the information offered at the public meetings held in September 2004, November 2006 and September 2007 are designed to provide information that will help guide farmers through the construction and restoration process -- making all farmers aware of potential impacts of pipeline construction on agricultural lands. It is important to note that all mitigation techniques used throughout the project are completed by, and at the expense of, Empire Pipeline. It is the day-to-day job of the project’s assigned agriculture inspectors to monitor and technically supervise construction and restoration activity for compliance with approved agricultural right-of-way standards relative to the region, as well as all relevant FERC standards.

The project’s compliance with the national standards and orders of the pipeline’s certificate will be monitored regularly by inspectors from FERC. In addition, the NYS Department of Agriculture and Markets, a cooperating agency with FERC, will be involved in the inspection of construction and restoration measures specifically involving affected farmlands. Empire Pipeline will also employee its own agricultural inspectors for this project.

Before Construction

One of the first opportunities for collaboration occurs during the initial surveying and line staking activities. Landowners are encouraged to accompany the surveyor during the initial review of the land. As the people most familiar with the property, farmland owners and operators are in the best position to share useful information with the surveyor and the agricultural land representative during project planning.

Examples of the information that will assist Empire Pipeline in protecting your land include: drainage patterns, intensive tile drain systems, grassed waterways or diversion terraces, location of water lines to buildings, developed springs or livestock watering facilities, depth to high water table, soil type, topsoil thickness, the rock or boulder content of the deeper subsoil, and depth to the bedrock. Some of this information can be found in the farm conservation plan, in the County Soil Survey or from the local technician at the County Soil and Water Conservation District.

Right-of-way staking material

During the survey phase and again, early in the construction phase, reference stakes are commonly used to mark the land. Wooden stakes are required because metal survey spikes can be dangerous to livestock and damage farm equipment.

Right-of-way agreements

A right-of-way agreement allows for the use of a portion of your land for locating our pipeline. Landowners are offered financial compensation in exchange for granting a permanent easement to Empire Pipeline. A contract for a right-of-way is a standard easement agreement, but can be tailored if necessary to meet a landowner’s unique concerns.

Construction & Restoration 

Topsoil preservation

The first essential part of right-of-way “clearing” in farmland areas involves removing the topsoil from the full work-width of the right-of-way. If the fertile topsoil is not fully removed prior to construction, it will be permanently damaged by the pipeline work, due to rutting, compaction, and the inversion and mixing of the soil layers. To avoid obliteration, the topsoil must be stripped and stored safely. It must be segregated and stockpiled away from the pipeline trench, the excavated spoil, the pipe assembly area and the traffic zone. The full thickness of the topsoil zone should be stripped completely down to the visible top of the subsoil layer.

Right-of-way width

Typically a temporary construction right-of-way across non-agricultural land is 50 to 75 feet wide. However, to help fully protect and restore agricultural land, the construction right-of-way must be a minimum of 100 feet. This allows 25 feet for stockpiling the topsoil. Complete stripping and segregated stockpiling of the vulnerable topsoil layer before construction is a fundamental part of soil protection and agricultural right-of-way mitigation. The right-of-way must be wide enough to accommodate the pipeline trench; a temporary traffic zone for construction vehicles; a pipeline assembly area; and, in farmland, room to stockpile and protect the topsoil, separate from the trench spoil. The permanent right-of-way is typically 50 feet wide.

Drainage patterns, trenching effects and remediation

One way to avoid drainage problems following pipeline construction is to align the construction right-of-way between, rather than across, intensive systems of farm drain lines. Any random drain lines that are severed or crushed will be repaired by a professional drainage contractor so that the existing drain lines continue to perform. Should new areas be subject to field saturation, mitigation of that area can be achieved by installing lateral, over-the-pipe interceptor drain tile lines that direct water to a safe and sufficient outlet. These gravity-flow drain lines are installed to intercept saturation in areas that stem from the right-of-way.

Backfilling the trench

After the pipe is lowered into the trench, it is first padded with the finer size spoil materials. These are sorted from the mix of excavated spoil to protect the pipe’s surface from abrasion. The agricultural inspector will monitor backfilling activities to ensure that concentrations of segregated rock are returned below the bottom of the deep frost zone. Excess rock will be removed and disposed of. This will prevent chronic rock pollution due to frost heave and snagging by farm implements. During backfilling, wherever practical, the drain lines severed during trenching will be repaired by a professional drainage contractor; while those damaged by crushing will be replaced later. After backfilling with the spoil material is complete, the surface of the trench zone will slowly settle as the internal voids fill in. Surplus subsoil is used to fill in and counteract the surface settling.

Decompaction, rock picking and topsoil replacement

Because the topsoil is removed and stockpiled for protection, the exposed subsoil serves as the surface of the construction roadway for the duration of the project. The traffic heavily compacts the subsoil, requiring it to be deep-ripped and cross-shattered after the pipeline installation is complete. It is critical that the subsoil is decompacted twice – once before the topsoil is replaced and once after. Under the supervision of the agricultural inspector, a deep agri-industrial grade ripper is used to break apart the thick, dense mass of compacted subsoil. A heavy-duty chisel is also commonly used to loosen rocks that may be uplifted in the subsoil or left over from the trench spoil. A mechanical stone picker, monitored by the agricultural inspector, is used to remove the rocks and is supplemented with manual labor and tractor-mounted buckets to remove rocks missed by the machine.

After the initial subsoil decompaction and rock picking are complete, the topsoil is spread over the right-of-way. The agricultural inspector monitors replacement of the topsoil to ensure the soil is evenly distributed over the right-of-way. When right-of-way conditions are too wet, or if the construction phase extends too late in the season, decompaction, rock picking and replacing the topsoil are delayed. Should that be the case, the right-of-way will be winterized and restoration will begin late the following spring when the soil is relatively drier and more workable.

Timing of restoration

Each stage of farmland restoration is carried out when the soil moisture is low to moderate – when the soil materials are workable – not wet. After the summer months, when temperatures and the amount of sunlight decline, the soil’s seasonally higher levels of moisture and water table will reappear. If construction proceeds past summer and the initial restoration is not near completion by late-September, it is best to delay restoration until the next spring. Restoration activities attempted too late in the season lead to heavily damaged soils. Attempts at permanent seeding after mid-August leaves insufficient time for plant development, resulting in winter-kill. Beyond mid-August, a temporary winter-cover seeding is applied, and the permanent seeding is postponed until the following year. Attempts to deep-rip wet subsoil merely slice and smear the material and do not shatter it. The weight of the mechanical rock picking and disposal work can rut and re-compact an otherwise successfully shattered subsoil once seasonal wetness returns. The replacement of wet topsoil on wet subsoil mixes compacts and degrades the soil profile.

Monitoring

Trench settling

Residual trench settling can occur over an extended period, when the backfilled trench continues to settle, filling in excessive voids. The settling can create a surface depression, 12-18 inches deep, over the pipeline. To fill the depression, quality topsoil is imported for replacement. Simply filling the depression by peeling the adjacent topsoil in the right-of-way depletes the original layer of topsoil and is not an appropriate mitigation technique.

Excess water

Excess water problems, such as new or expanded areas of soil saturation or water-boils, commonly occur in right-of-way farmland because trenching disturbs and changes the subsoil layers. Water saturates the backfilled trench from spring seeps or ground water. Interceptor drain lines leading to sufficient outlets are installed by a professional drainage contractor to remedy drain problems. Supervised by the agricultural inspector, this work is usually done one or two years after construction, after the new drainage patterns have fully emerged.

Crop assessment

Crop assessment occurs throughout the growing season for two or more years following pipeline construction, until productivity is restored to pre-project yield, consistent with the rest of the field. The color, quantity, size and quality of crops are monitored by the agricultural inspector, in cooperation with the farm operator. If the crop in the right-of-way is not comparable to the crop outside the right-of-way, several remedial actions may be taken including shattering the subsoil, adding nutrients to the soil, mitigating a drainage impact or importing topsoil to areas of topsoil deficiency.

Grazing

Dairy farmers, in cooperation with the pipeline project, should leave temporary fencing in place well into the first growing season after pipeline construction and initial restoration so that pastures have time to adequately re-establish growth before grazing resumes. Crossing gates, at livestock paths, can be used for access across the fenced-out areas.

Resources for Farmers

For more information about proper agricultural mitigation techniques visit:

New York State Department of Agriculture and Markets

The NYS Agriculture and Markets agricultural resource specialist assigned to the Empire Connector Project is Matthew Brower, he can be reached at 10B Airline Drive, Albany, NY 12235.

The New York Farm Bureau is an additional informational resource for farmers. The New York Farm Bureau’s field staff covering the counties in the project area are:

Skip Jensen
Field Advisor
Counties: Cayuga, Cortland, Onondaga, Schuyler, Tompkins
315-536-1437
E-mail: nysjensen@fb.org

Lindsay Wickham
Field Advisor
Counties: Broome, Chemung, Chenango, Steuben, Tioga
607-535-3072
E-mail: nylwickham@fb.org

Mark James
Executive Director for the Finger Lakes
Counties: Ontario, Seneca, Wayne, Yates
315-568-2658
E-mail: nymjames@fb.org

Local farm bureau presidents can also be found on the New York Farm Bureau’s web site.