Iowa Admin. Code r. 199-9.2 - Filing of land restoration plans

Pursuant to Iowa Code sections 479.29 and 479B.20, a land restoration plan is required for any pipeline construction that requires a permit from the commission and for any proposed amendment to an existing permit that involves pipeline construction, relocation, or replacement. The land restoration plan shall be filed with the appropriate petition and be identified as Exhibit I. For pipelines that do not need a permit from the commission and that are constructed across agricultural land, the pipeline company shall have on file with the commission a general land restoration plan covering pipelines that do not need a permit from the commission.

(1) Content of plan. A land restoration plan shall include, but not be limited to, the following:

a. A brief description of the purpose and nature of the pipeline construction project.

b. A description of the sequence of events that will occur during pipeline construction.

c. A description of how the pipeline company will comply with rules 199-9.4 (479,479B) and 199-9.5 (479,479B).

d. The point of contact for landowner inquiries or claims as provided for in rule 199-9.5 (479,479B).

e. A unique identification number that follows a linearly sequential pattern on each parcel of land over which the pipeline will be constructed.

(2) Plan variations. The commission may by waiver allow variations from the requirements in this chapter if the pipeline company requesting a waiver is able to satisfy the standards set forth in rule 199-1.3 (17A,474,476) and if the alternative methods proposed by the pipeline company would restore the land to a condition as good or better than provided for in this chapter.

(3) Mitigation plans and agreements. Preparation of a separate land restoration plan may be waived by the commission where a pipeline company enters into an agricultural impact mitigation plan or similar agreement with the appropriate agencies of the state of Iowa that satisfies the requirements of this chapter. If a mitigation plan or agreement is used to fully or partially meet the requirements of a land restoration plan, the statement or agreement shall be filed with the commission and shall be considered to be, or to be part of, the land restoration plan for purposes of this chapter.

Notes

Iowa Admin. Code r. 199-9.2

Amended by IAB June 16, 2021/Volume XLIII, Number 26, effective 7/21/2021 Editorial change: IAC Supplement 7/24/2024