Upland Plan Guidance

UPLAND EROSION CONTROL, REVEGETATION, AND
MAINTENANCE PLAN

MAY 2013 VERSION

UPLAND EROSION CONTROL, REVEGETATION, AND
MAINTENANCE PLAN
TABLE OF CONTENTS
I. APPLICABILITY ..................................................................................................................... 1
II. SUPERVISION AND INSPECTION ..................................................................................... 2
A.
ENVIRONMENTAL INSPECTION ............................................................. 2
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.............................................................................. 5
D.
ROAD CROSSINGS AND ACCESS POINTS ............................................. 5
E.
DISPOSAL PLANNING ................................................................................ 5
F.
AGENCY COORDINATION ........................................................................ 5
G.
SPILL PREVENTION AND RESPONSE PROCEDURES ......................... 6
H.
RESIDENTIAL CONSTRUCTION............................................................... 6
I.
WINTER CONSTRUCTION PLANS ........................................................... 6
IV. INSTALLATION ................................................................................................................... 7
A.
APPROVED AREAS OF DISTURBANCE.................................................. 7
B.
TOPSOIL SEGREGATION ........................................................................... 8
C.
DRAIN TILES ................................................................................................. 9
D.
IRRIGATION .................................................................................................. 9
E.
ROAD CROSSINGS AND ACCESS POINTS ............................................. 9
F.
TEMPORARY EROSION CONTROL ......................................................... 9
1.
Temporary Slope Breakers .............................................................................. 9
2.
Temporary Trench Plugs ............................................................................... 10
3.
Sediment Barriers .......................................................................................... 10
4.
Mulch ............................................................................................................. 11
V. RESTORATION ................................................................................................................... 12
A.
CLEANUP ..................................................................................................... 12
B.
PERMANENT EROSION CONTROL DEVICES ..................................... 13
1.
Trench Breakers............................................................................................. 13
2.
Permanent Slope Breakers ............................................................................ 14
C.
SOIL COMPACTION MITIGATION ......................................................... 14
D.
REVEGETATION ........................................................................................ 15
1.
General ........................................................................................................... 15
2.
Soil Additives ................................................................................................ 15
3.
Seeding Requirements ................................................................................... 15
VI. OFF-ROAD VEHICLE CONTROL ................................................................................... 16
VII. POST-CONSTRUCTION ACTIVITIES AND REPORTING ......................................... 17
A.
MONITORING AND MAINTENANCE .................................................... 17
B.
REPORTING................................................................................................. 18
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UPLAND EROSION CONTROL, REVEGETATION,
AND MAINTENANCE PLAN (PLAN)

I.

APPLICABILITY
A.

The intent of this Plan is to assist project sponsors by identifying baseline mitigation
measures for minimizing erosion and enhancing revegetation. Project sponsors shall
specify in their applications for a new FERC authorization and in prior notice and
advance notice filings, any individual measures in this Plan they consider
unnecessary, technically infeasible, or unsuitable due to local conditions and fully
describe any alternative measures they would use. Project sponsors shall also explain
how those alternative measures would achieve a comparable level of mitigation.
Once a project is authorized, project sponsors can request further changes as
variances to the measures in this Plan (or the applicant’s approved plan). The
Director of the Office of Energy Projects (Director) will consider approval of
variances upon the project sponsor’s written request, if the Director agrees that a
variance:
1.

provides equal or better environmental protection;

2.

is necessary because a portion of this 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.

Sponsors of projects planned for construction under the automatic authorization
provisions in the FERC’s regulations must receive written approval for any variances
in advance of construction.
Project-related impacts on wetland and waterbody systems are addressed in the
staff’s Wetland and Waterbody Construction and Mitigation Procedures
(Procedures).

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II.

SUPERVISION AND INSPECTION
A.

B.

ENVIRONMENTAL INSPECTION
1.

At least one Environmental Inspector is required for each construction spread
during construction and restoration (as defined by section V). The number
and experience of Environmental Inspectors assigned to each construction
spread shall be appropriate for the length of the construction spread and the
number/significance of resources affected.

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 FERC’s Orders, stipulations of
other environmental permits or approvals, or landowner easement
agreements; and to order appropriate corrective action.

RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS
At a minimum, the Environmental Inspector(s) shall be responsible for:
1.

Inspecting construction activities for compliance with the requirements of this
Plan, the Procedures, the environmental conditions of the FERC’s Orders, the
mitigation measures proposed by the project sponsor (as approved and/or
modified by the Order), other environmental permits and approvals, and
environmental requirements in landowner easement agreements.

2.

Identifying, documenting, and overseeing corrective actions, as necessary to
bring an activity back into compliance;

3.

Verifying that the limits of authorized construction work areas and locations
of access roads are visibly marked before clearing, and maintained throughout
construction;

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 design of slope breakers will not cause erosion or direct
water into sensitive environmental resource areas, including cultural resource
sites, wetlands, waterbodies, and sensitive species habitats;
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7.

Verifying that dewatering activities are properly monitored and do not result
in the deposition of sand, silt, and/or sediment into sensitive environmental
resource areas, including wetlands, waterbodies, cultural resource sites, and
sensitive species habitats; stopping dewatering activities if such deposition is
occurring and ensuring the design of the discharge is changed to prevent
reoccurrence; and verifying that dewatering structures are removed after
completion of dewatering activities;

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 Chief Construction Inspector when environmental conditions
(such as wet weather or frozen soils) make it advisable to restrict or delay
construction activities to avoid topsoil mixing or excessive compaction;

10.

Ensuring restoration of contours and topsoil;

11.

Verifying that the soils imported for agricultural or residential use are
certified as free of noxious weeds and soil pests, unless otherwise approved
by the landowner;

12.

Ensuring that erosion control devices are properly installed to prevent
sediment flow into sensitive environmental resource areas (e.g., wetlands,
waterbodies, cultural resource sites, and sensitive species habitats) and onto
roads, and determining the need for additional erosion control devices;

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, or as soon as conditions allow if compliance
with this time frame would result in greater environmental impacts;

15.

Keeping records of compliance with the environmental conditions of the
FERC’s Orders, and the mitigation measures proposed by the project sponsor
in the application submitted to the FERC, and other federal or state
environmental permits during active construction and restoration;
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III.

16.

Identifying areas that should be given special attention to ensure stabilization
and restoration after the construction phase; and

17.

Verifying that locations for any disposal of excess construction materials for
beneficial reuse comply with section III.E.

PRECONSTRUCTION PLANNING
The project sponsor shall do the following before construction:
A.

B.

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) that would be needed for safe construction. The project
sponsor must ensure that appropriate cultural resources and biological
surveys are conducted, as determined necessary by the appropriate federal and
state agencies.

2.

Project sponsors are encouraged to consider expanding any required cultural
resources and endangered species surveys in anticipation of the need for
activities outside of authorized work areas.

3.

Plan construction sequencing to limit the amount and duration of open trench
sections, as necessary, to prevent excessive erosion or sediment flow into
sensitive environmental resource areas.

DRAIN TILE AND IRRIGATION SYSTEMS
1.

Attempt to locate existing drain tiles and irrigation systems.

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.

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C.

GRAZING DEFERMENT
Develop grazing deferment plans with willing landowners, grazing permittees, and
land management agencies to minimize grazing disturbance of revegetation efforts.

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 regular collection, containment, and
disposal of excess construction materials and debris (e.g., timber, slash, mats,
garbage, drill cuttings and fluids, excess rock) throughout the construction process.
Disposal of materials for beneficial reuse must not result in adverse environmental
impact and is subject to compliance with all applicable survey, landowner or land
management agency approval, and permit requirements.

F.

AGENCY COORDINATION
The project sponsor must coordinate with the appropriate local, state, and federal
agencies as outlined in this Plan and/or required by the FERC’s Orders.
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 agencies to
prevent the introduction or spread of invasive species, noxious weeds, and
soil pests resulting from construction and restoration activities.

3.

Develop specific procedures in coordination with the appropriate agencies
and landowners, as necessary, to allow for livestock and wildlife movement
and protection during construction.

4.

Develop specific blasting procedures in coordination with the appropriate
agencies that address pre- and post-blast inspections; advanced public
notification; and mitigation measures for building foundations, groundwater
wells, and springs. Use appropriate methods (e.g., blasting mats) to prevent
damage to nearby structures and to prevent debris from entering sensitive
environmental resource areas.

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G.

SPILL PREVENTION AND RESPONSE PROCEDURES
The project sponsor shall develop project-specific Spill Prevention and Response
Procedures, as specified in section IV of the staff's Procedures. A copy must be filed
with the Secretary of the FERC (Secretary) prior to construction and made available
in the field on each construction spread. The filing requirement does not apply to
projects constructed under the automatic authorization provisions in the FERC’s
regulations.

H.

RESIDENTIAL CONSTRUCTION
For all properties with residences located within 50 feet of construction work areas,
project sponsors shall: avoid removal of mature trees and landscaping within the
construction work area unless necessary for safe operation of construction
equipment, or as specified in landowner agreements; fence the edge of the
construction work area for a distance of 100 feet on either side of the residence; and
restore all lawn areas and landscaping immediately following clean up operations, or
as specified in landowner agreements. If seasonal or other weather conditions
prevent compliance with these time frames, maintain and monitor temporary erosion
controls (sediment barriers and mulch) until conditions allow completion of
restoration.

I.

WINTER CONSTRUCTION PLANS
If construction is planned to occur during winter weather conditions, project sponsors
shall develop and file a project-specific winter construction plan with the FERC
application. This filing requirement does not apply to projects constructed under the
automatic authorization provisions of the FERC’s regulations.
The plan shall address:
1.

winter construction procedures (e.g., snow handling and removal, access road
construction and maintenance, soil handling under saturated or frozen
conditions, topsoil stripping);

2.

stabilization and monitoring procedures if ground conditions will delay
restoration until the following spring (e.g., mulching and erosion controls,
inspection and reporting, stormwater control during spring thaw conditions);
and

3.

final restoration procedures (e.g., subsidence and compaction repair, topsoil
replacement, seeding).

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IV.

INSTALLATION

A.

APPROVED AREAS OF DISTURBANCE
1.

Project-related ground disturbance shall be limited to the construction rightof-way, extra work space areas, pipe storage yards, borrow and disposal areas,
access roads, and other areas approved in the FERC’s Orders. Any projectrelated ground disturbing activities outside these areas will require prior
Director approval. This requirement does not apply to activities needed to
comply with the Plan and Procedures (i.e., slope breakers, energy-dissipating
devices, dewatering structures, drain tile system repairs) or minor field
realignments and workspace shifts per landowner needs and requirements that
do not affect other landowners or sensitive environmental resource areas. All
construction or restoration activities outside of authorized areas are subject to
all applicable survey and permit requirements, and landowner easement
agreements.

2.

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 FERC
Order. However, in limited, non-wetland areas, this construction right-ofway 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 (e.g., 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 or land
management agency approval and compliance with all applicable survey and
permit requirements. When additional areas are used, each one shall be
identified and the need explained in the weekly or biweekly construction
reports to the FERC, if required. The following material shall be included in
the reports:
a.

the location of each additional area by station number and reference to
previously filed alignment sheets, or updated alignment sheets
showing the additional areas;

b.

identification of the filing at FERC containing evidence that the
additional areas were previously surveyed; and

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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 authorized
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.

cultivated or rotated croplands, and managed pastures;

b.

residential areas;

c.

hayfields; and

d.

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

2.

In residential areas, importation of topsoil is an acceptable alternative to
topsoil segregation.

3.

Where topsoil segregation is required, the project sponsor must:
a.

segregate at least 12 inches of topsoil in deep soils (more than 12
inches of topsoil); and

b.

make every effort to segregate the entire topsoil layer in soils with less
than 12 inches of topsoil.

4.

Maintain separation of salvaged topsoil and subsoil throughout all
construction activities.

5.

Segregated topsoil may not be used for padding the pipe, constructing
temporary slope breakers or trench plugs, improving or maintaining roads, or
as a fill material.

6.

Stabilize topsoil piles and minimize loss due to wind and water erosion with
use of sediment barriers, mulch, temporary seeding, tackifiers, or functional
equivalents, where necessary.

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C.

D.

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).

IRRIGATION
Maintain water flow in crop irrigation systems, unless shutoff is coordinated with
affected parties.

E.

F.

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 agricultural areas, place
the stone on synthetic fabric to facilitate removal.

3.

Minimize the use of tracked equipment on public roadways. Remove any soil
or gravel spilled or tracked onto roadways daily or more frequent as necessary
to maintain safe road conditions. Repair any damages to roadway surfaces,
shoulders, and bar ditches.

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
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breakers may be constructed of materials such as soil, silt fence,
staked hay or 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 shall be used if necessary):

Slope (%)
5 - 15
>15 - 30
>30

2.

Spacing (feet)
300
200
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 right-of-way.

d.

Position the outfall of each temporary slope breaker to prevent
sediment discharge into wetlands, waterbodies, or other sensitive
environmental resource areas.

Temporary Trench Plugs
Temporary trench plugs are intended to segment a continuous open trench
prior to backfill.

3.

a.

Temporary trench plugs may consist of unexcavated portions of the
trench, compacted subsoil, sandbags, or some functional equivalent.

b.

Position temporary trench plugs, as necessary, to reduce trenchline
erosion and minimize the volume and velocity of trench water flow at
the base of slopes.

Sediment Barriers
Sediment barriers are intended to stop the flow of sediments and to prevent
the deposition of sediments beyond approved workspaces or into sensitive
resources.
a.

Sediment barriers may be constructed of materials such as silt fence,
staked hay or straw bales, compacted earth (e.g., driveable berms
across travelways), sand bags, or other appropriate materials.
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4.

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.

Mulch
a.

Apply mulch on all slopes (except in 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, landowner, or land managing agency
approves otherwise in writing.

b.

Mulch can consist of weed-free straw or hay, wood fiber hydromulch,
erosion control fabric, or some functional equivalent.

c.

Mulch all disturbed upland areas (except cultivated cropland) 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).
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V.

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, except where the product is certified
environmentally non-toxic by the appropriate state or federal agency
or independent standards-setting organization.

h.

Do not use synthetic monofilament mesh/netted erosion control
materials in areas designated as sensitive wildlife habitat, unless the
product is specifically designed to minimize harm to wildlife. Anchor
erosion control fabric with staples or other appropriate devices.

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 (i.e.,
temporary slope breakers, sediment barriers, and mulch) until conditions
allow completion of cleanup.
If construction or restoration unexpectedly continues into the winter season
when conditions could delay successful decompaction, topsoil replacement,
or seeding until the following spring, file with the Secretary for the review
and written approval of the Director, a winter construction plan (as specified
in section III.I). This filing requirement does not apply to projects constructed
under the automatic authorization provisions of the FERC’s regulations.

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
through 14. When access is no longer required the travel lane must 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
shall be considered construction debris, unless approved for use as mulch or
for some other use on the construction work areas by the landowner or land
managing agency.
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B.

4.

Remove excess rock from at least the top 12 inches of soil in all cultivated or
rotated cropland, managed 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 shall be similar to adjacent areas not
disturbed by construction. The landowner or land management agency 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 or land managing agency approves leaving materials onsite for
beneficial reuse, stabilization, or habitat restoration.

7.

Remove temporary sediment barriers when replaced by permanent erosion
control measures or when revegetation is successful.

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 shall 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. Install trench breakers at wetland boundaries, as specified
in the Procedures. Do not install trench breakers within a wetland.

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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, stone, or some functional
equivalent.

b.

Construct and maintain permanent slope breakers in all areas, except
cultivated areas and lawns, unless requested by the landowner, 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 (%)
5 - 15
>15 - 30
>30

C.

Spacing (feet)
300
200
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 energy-dissipating devices at the end
of the breaker.

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.

SOIL COMPACTION MITIGATION
1.

Test topsoil and subsoil for compaction at regular intervals in agricultural and
residential areas disturbed by construction activities. Conduct tests on the
same soil type under similar moisture conditions in undisturbed areas to
approximate preconstruction conditions. Use penetrometers or other
appropriate devices to conduct tests.

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.
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If subsequent construction and cleanup activities result in further compaction,
conduct additional tilling.
3.

D.

Perform appropriate soil compaction mitigation in severely compacted
residential areas.

REVEGETATION
1.

2.

General
a.

The project sponsor is responsible for ensuring successful revegetation
of soils disturbed by project-related activities, except as noted in
section V.D.1.b.

b.

Restore all turf, ornamental shrubs, and specialized landscaping in
accordance with the landowner’s request, or compensate the
landowner. Restoration work must be performed by personnel
familiar with local horticultural and turf establishment practices.

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 practicable 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 the request of the landowner or land management agency.
Seeding is not required in 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. Dormant seeding or temporary
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seeding of annual species may also be used, if necessary, to establish
cover, as approved by the Environmental Inspector. 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 through V.D.3.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 roller after seeding. In rocky soils or
where site conditions may limit 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 owner or manager of forested lands, 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;

C.

slash and timber barriers, pipe barriers, or a line of boulders across the right-of-way;
and

D.

conifers or other appropriate trees or shrubs across the right-of-way.

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MAY 2013 VERSION

VII.

POST-CONSTRUCTION ACTIVITIES AND REPORTING
A.

MONITORING AND MAINTENANCE
1.

Conduct follow-up inspections of all disturbed areas, as necessary, to
determine the success of revegetation and address landowner concerns. At a
minimum, conduct inspections after the first and second growing seasons.

2.

Revegetation in non-agricultural areas shall 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 shall be considered successful when upon visual survey, crop
growth and vigor are similar to adjacent undisturbed portions of the same
field, unless the easement agreement specifies otherwise.
Continue revegetation efforts until revegetation is successful.

3.

Monitor and correct problems with drainage and irrigation systems resulting
from pipeline construction in agricultural areas until restoration is successful.

4.

Restoration shall be considered successful if the right-of-way surface
condition is similar to adjacent undisturbed lands, construction debris is
removed (unless otherwise approved by the landowner or land managing
agency per section V.A.6), revegetation is successful, and proper drainage has
been restored.

5.

Routine vegetation mowing or clearing over the full width of the permanent
right-of-way in uplands shall not be done more frequently than every 3 years.
However, to facilitate periodic corrosion/leak surveys, a corridor not
exceeding 10 feet in width centered on the pipeline may be cleared at a
frequency necessary to maintain the 10-foot corridor in an herbaceous state.
In no case shall routine vegetation mowing or clearing occur during the
migratory bird nesting season between April 15 and August 1 of any year
unless specifically approved in writing by the responsible land management
agency or the U.S. Fish and Wildlife Service.

6.

Efforts to control unauthorized off-road vehicle use, in cooperation with the
landowner, shall continue throughout the life of the project. Maintain signs,
gates, and permanent access roads as necessary.

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MAY 2013 VERSION

B.

REPORTING
1.

2.

The project sponsor shall 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;

e.

the location of any subsurface drainage repairs or improvements made
during restoration; and

f.

any problem areas and how they were addressed.

The project sponsor shall file with the Secretary quarterly activity reports
documenting the results of follow-up inspections required by section VII.A.1;
any problem areas, including those identified by the landowner; and
corrective actions taken for at least 2 years following construction.
The requirement to file quarterly activity reports with the Secretary does not
apply to projects constructed under the automatic authorization, prior notice,
or advanced notice provisions in the FERC’s regulations.

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MAY 2013 VERSION