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
