Appendix to Agricultural Impact Mitigation Plan
For Organic Agricultural Land
Introduction
This appendix identifies
mitigation measures that apply specifically to farms that are Organic Certified
or farms that are in active transition to become Organic Certified, and is
intended to address the unique management and certification requirements of
these operations. All protections
provided in the Agricultural Impact Mitigation Plan must also be provided to
Organic Agricultural Land in addition to the provisions of this appendix.
The provisions of this
appendix will apply to Organic Agricultural Land for which the Landowner or
Tenant has provided to MPL a true, correct and current version of the Organic
System Plan within 60 days after the signing of the Easement for such land or
60 days after the issuance of a Routing Permit to MPL by the PUC, whichever is
sooner, or, in the event the Easement is signed later than 60 days after the
issuance of the Routing Permit, the provisions of this appendix is applicable
when the Organic System Plan is provided to MPL at the time of the signing of
the Easement. MPL recognizes that
Organic Agricultural Land is a unique feature of the landscape and will treat
this land with the same level of care as other sensitive environmental
features.
Definitions
Unless otherwise provided to
the contrary in this Appendix, capitalized terms used in this Appendix shall
have the meanings provided below and in the AIMP. In the event of a conflict between this Appendix and the
AIMP with respect to definitions, the definition provided in this Appendix will
prevail but only to the extent such conflicting terms are used in this
Appendix. The definition provided
for the defined words used herein shall apply to all forms of the words.
Apply = To intentionally
or inadvertently spread or distribute any substance onto the exposed surface of
the soil.
Certifying Agent = As defined by the
National Organic Program Standards, Federal Regulations 7 CFR Part 205.2.
Decertified or
Decertification = Loss of Organic
Certification.
Organic
Agricultural
Land = Farms or portions
thereof described in 7 CFR Parts 205.100, 205.202, and 205.101.
Organic Buffer Zone = As defined by the
National Organic Program Standards, Federal Regulations 7 CFR Part 205.2.
Organic
Certification
or Organic
Certified = As defined by the
National Organic Program Standards, Federal Regulations 7 CFR Part 205.100 and 7CFR Part 205.101.
Organic System Plan = As
defined by the National Organic Program Standards, Federal Regulations 7 CFR
Part 205.2.
Prohibited
Substance = As defined by the National Organic
Program Standards, Federal Regulations 7 CFR Part 205. 600 through 7 CFR Part 205.605 using the criteria provided
in 7 USC 6517 and 7 USC 6518.
Organic System Plan
MPL recognizes the
importance of the individualized Organic System Plan (OSP) to the Organic
Certification process. MPL will
work with the Landowner or Tenant, the Landowner or Tenant’s Certifying Agent,
and/or a mutually acceptable third-party Organic consultant to identify
site-specific construction practices that will minimize the potential for
Decertification as a result of construction activities. Possible practices may include, but are
not limited to: equipment
cleaning, use of drop cloths during welding and coating activities; removal and
storage of topsoil; planting a deep-rooted cover crop in lieu of mechanical
decompaction; applications of composted manure or rock phosphate; preventing
the introduction of disease vectors from tobacco use; restoration and
replacement of beneficial bird and insect habitat; maintenance of organic
buffer zones; use of organic seeds for any cover crop; or similar
measures. MPL recognizes that
Organic System Plans are proprietary in nature and will respect the need for confidentiality.
Prohibited Substances
MPL will avoid the Application
of Prohibited Substances onto Organic Agricultural Land. No herbicides, pesticides, fertilizers
or seed will be applied unless requested and approved by the Landowner. Likewise, no refueling, fuel or
lubricant storage or routine equipment maintenance will be allowed on Organic
Agricultural Land. Equipment will be
checked prior to entry to make sure that fuel, hydraulic and lubrication
systems are in good working order before working on Organic Agricultural Land. If Prohibited Substances are used on
land adjacent to Organic Agricultural Land, these substances will be used in
such a way as to prevent them from entering Organic Agricultural Land.
Soil Handling
Topsoil and subsoil layers
that are removed during construction on Organic Agricultural Land will be
stored separately and replaced in the proper sequence after the pipeline is
installed. Unless otherwise
specified in the site-specific plan described above, MPL will not use this soil
for other purposes, including creating access ramps at road crossings. No topsoil or subsoil (other than
incidental amounts) may be removed from Organic Agricultural Land. Likewise, Organic Agricultural Land
will not be used for storage of soil from non-Organic Agricultural Land.
Erosion Control
On Organic
Agricultural Land, MPL will, to the extent feasible, implement erosion control
methods consistent with the Landowner or Tenant’s Organic System Plan. On land adjacent to Organic Agricultural
Land, MPL’s erosion control procedures will be designed so that sediment from
adjacent non-Organic Agricultural Land will not flow along the right-of-way and
be deposited on Organic Agricultural Land. Treated lumber, non-organic hay bales, non-approved metal
fence posts, etc. will not be used in erosion control on Organic Agricultural
Land.
Water in Trenches
During construction,
MPL will leave an earthen plug in the trench at the boundary of Organic
Agricultural Land to prevent trench water from adjacent land from flowing into
the trench on Organic Agricultural Land.
Likewise, MPL will not allow trench water from adjacent land to be
pumped onto Organic Agricultural Land.
Weed
Control
On Organic Agricultural
Land, MPL will, to the extent feasible, implement weed control methods
consistent with the Landowner or Tenant’s Organic System Plan. Prohibited Substances will not be used
in weed control on Organic Agricultural Land. In addition,
MPL will not use Prohibited Substances in weed control on land adjacent to
Organic Agricultural Land in such a way as to allow these materials to drift
onto Organic Agricultural Land.
Mitigation
of Natural Resource Impacts
MPL will not
use Organic Agricultural Land for the purpose of required compensatory
mitigation of impacts to natural resources such as wetlands or woodlands unless
approved by the Landowner.
Monitoring
In addition
to the responsibilities of the Agricultural Monitor described in the AIMP, the
following will apply:
·
The Agricultural
Monitor or a USDA-approved Organic Certifier retained by MPL will monitor
construction and restoration activities on Organic Agricultural Land for
compliance with the provisions of this appendix and will document activities
that could result in Decertification.
·
Instances of
non-compliance will be documented according to Independent Organic Inspectors
Association protocol consistent with the Landowner’s OSP, and will be made
available to the MDA, the Landowner, the Tenant, the Landowner’s or Tenant’s
Certifying Agent, and to MPL.
If the
Agricultural Monitor is responsible for monitoring activities on Organic
Agricultural Land, he/she will be trained, at MPL’s expense, in organic
inspection, by the Independent Organic Inspectors Association, unless the
Agricultural Monitor received such training during the previous three years.
Compensation
for Construction Damages
The
settlement of damages will be based on crop yield and/or crop quality
determination and the need for additional restoration measures. Unless the Landowner or Tenant of
Organic Agricultural Land and Company agree otherwise, at the Company’s
expense, a mutually agreed upon professional agronomist will make crop yield
determinations, and the Minnesota Department of Agriculture
Fruit and Vegetable Inspection Unit will make crop quality determinations. If the crop yield and/or crop quality
determinations indicate the need for soil testing, the testing will be
conducted by a commercial laboratory that is properly certified to conduct the
necessary tests and is mutually agreeable to MPL and the Landowner or Tenant. Field work for soil testing will be
conducted by a Professional Soil Scientist or Professional Engineer licensed by
the State of Minnesota. MPL will
be responsible for the cost of sampling, testing and additional restoration
activities, if needed. Landowners or
Tenants may elect to settle damages with MPL in advance of construction on a
mutually acceptable basis or to settle after construction based on a mutually
agreeable determination of actual damages.
Compensation
for Damages Due to Decertification
Should any
portion of Organic Agricultural Land be Decertified as a result of construction
activities, the settlement of damages will be based on the difference between revenue
generated from the land affected before Decertification and after
Decertification so long as a good faith effort is made by the Landowner or
Tenant to regain Certification.