Appendix to Agricultural Impact Mitigation Plan

For Organic Agricultural Land

 

Introduction

 

This appendix identifiesmitigation measures that apply specifically to farms that are Organic Certifiedor farms that are in active transition to become Organic Certified, and isintended to address the unique management and certification requirements ofthese operations.  All protectionsprovided in the Agricultural Impact Mitigation Plan must also be provided toOrganic Agricultural Land in addition to the provisions of this appendix.

 

The provisions of thisappendix will apply to Organic Agricultural Land for which the Landowner orTenant has provided to MPL a true, correct and current version of the OrganicSystem Plan within 60 days after the signing of the Easement for such land or60 days after the issuance of a Routing Permit to MPL by the PUC, whichever issooner, or, in the event the Easement is signed later than 60 days after theissuance of the Routing Permit, the provisions of this appendix is applicablewhen the Organic System Plan is provided to MPL at the time of the signing ofthe Easement.  MPL recognizes thatOrganic Agricultural Land is a unique feature of the landscape and will treatthis land with the same level of care as other sensitive environmentalfeatures.

 

Definitions

Unless otherwise provided tothe contrary in this Appendix, capitalized terms used in this Appendix shallhave the meanings provided below and in the AIMP.  In the event of a conflict between this Appendix and theAIMP with respect to definitions, the definition provided in this Appendix willprevail but only to the extent such conflicting terms are used in thisAppendix.  The definition providedfor the defined words used herein shall apply to all forms of the words.     

 

Apply                                     =      To intentionallyor inadvertently spread or distribute any substance onto the exposed surface ofthe soil.

 

Certifying Agent               =      As defined by theNational Organic Program Standards, Federal Regulations 7 CFR Part 205.2.

Decertified or

Decertification                  =      Loss of OrganicCertification.

 

OrganicAgricultural

Land                                      =      Farms or portionsthereof described in 7 CFR Parts 205.100, 205.202, and 205.101.

 

Organic Buffer Zone     =      As defined by theNational Organic Program Standards, Federal Regulations 7 CFR Part 205.2.

 

OrganicCertification

or OrganicCertified      =      As defined by theNational Organic Program Standards, Federal Regulations 7 CFR Part 205.100 and 7CFR Part 205.101.

 

Organic System Plan  =      Asdefined by the National Organic Program Standards, Federal Regulations 7 CFRPart 205.2.

 

ProhibitedSubstance  =      As defined by the National OrganicProgram Standards, Federal Regulations 7 CFR Part 205. 600 through 7 CFR Part 205.605 using the criteria providedin 7 USC 6517 and 7 USC 6518.

 

 

 

 

Organic System Plan

 

MPL recognizes theimportance of the individualized Organic System Plan (OSP) to the OrganicCertification process.  MPL willwork with the Landowner or Tenant, the Landowner or Tenant’s Certifying Agent,and/or a mutually acceptable third-party Organic consultant to identifysite-specific construction practices that will minimize the potential forDecertification as a result of construction activities.  Possible practices may include, but arenot limited to:  equipmentcleaning, use of drop cloths during welding and coating activities; removal andstorage of topsoil; planting a deep-rooted cover crop in lieu of mechanicaldecompaction; applications of composted manure or rock phosphate; preventingthe introduction of disease vectors from tobacco use; restoration andreplacement of beneficial bird and insect habitat; maintenance of organicbuffer zones; use of organic seeds for any cover crop; or similarmeasures.  MPL recognizes thatOrganic System Plans are proprietary in nature and will respect the need for confidentiality. 

 

 

Prohibited Substances

 

MPL will avoid the Applicationof Prohibited Substances onto Organic Agricultural Land.  No herbicides, pesticides, fertilizersor seed will be applied unless requested and approved by the Landowner.  Likewise, no refueling, fuel orlubricant storage or routine equipment maintenance will be allowed on OrganicAgricultural Land.  Equipment will bechecked prior to entry to make sure that fuel, hydraulic and lubricationsystems are in good working order before working on Organic Agricultural Land.  If Prohibited Substances are used onland adjacent to Organic Agricultural Land, these substances will be used insuch a way as to prevent them from entering Organic Agricultural Land.

 

Soil Handling

 

Topsoil and subsoil layersthat are removed during construction on Organic Agricultural Land will bestored separately and replaced in the proper sequence after the pipeline isinstalled.  Unless otherwisespecified in the site-specific plan described above, MPL will not use this soilfor other purposes, including creating access ramps at road crossings.  No topsoil or subsoil (other thanincidental amounts) may be removed from Organic Agricultural Land.  Likewise, Organic Agricultural Landwill not be used for storage of soil from non-Organic Agricultural Land.

 

Erosion Control

 

On OrganicAgricultural Land, MPL will, to the extent feasible, implement erosion controlmethods consistent with the Landowner or Tenant’s Organic System Plan.  On land adjacent to Organic AgriculturalLand, MPL’s erosion control procedures will be designed so that sediment fromadjacent non-Organic Agricultural Land will not flow along the right-of-way andbe deposited on Organic Agricultural Land.  Treated lumber, non-organic hay bales, non-approved metalfence posts, etc. will not be used in erosion control on Organic AgriculturalLand. 

 

Water in Trenches

 

During construction,MPL will leave an earthen plug in the trench at the boundary of OrganicAgricultural Land to prevent trench water from adjacent land from flowing intothe trench on Organic Agricultural Land. Likewise, MPL will not allow trench water from adjacent land to bepumped onto Organic Agricultural Land. 

WeedControl

On Organic AgriculturalLand, MPL will, to the extent feasible, implement weed control methodsconsistent with the Landowner or Tenant’s Organic System Plan.  Prohibited Substances will not be usedin weed control on Organic Agricultural Land.   In addition,MPL will not use Prohibited Substances in weed control on land adjacent toOrganic Agricultural Land in such a way as to allow these materials to driftonto Organic Agricultural Land.

 

 

 

Mitigationof Natural Resource Impacts

MPL will notuse Organic Agricultural Land for the purpose of required compensatorymitigation of impacts to natural resources such as wetlands or woodlands unlessapproved by the Landowner.

 

Monitoring

In additionto the responsibilities of the Agricultural Monitor described in the AIMP, thefollowing will apply: 

·       The AgriculturalMonitor or a USDA-approved Organic Certifier retained by MPL will monitorconstruction and restoration activities on Organic Agricultural Land forcompliance with the provisions of this appendix and will document activitiesthat could result in Decertification.

·       Instances ofnon-compliance will be documented according to Independent Organic InspectorsAssociation protocol consistent with the Landowner’s OSP, and will be madeavailable to the MDA, the Landowner, the Tenant, the Landowner’s or Tenant’sCertifying Agent, and to MPL.

If theAgricultural Monitor is responsible for monitoring activities on OrganicAgricultural Land, he/she will be trained, at MPL’s expense, in organicinspection, by the Independent Organic Inspectors Association, unless theAgricultural Monitor received such training during the previous three years.

Compensationfor Construction Damages

Thesettlement of damages will be based on crop yield and/or crop qualitydetermination and the need for additional restoration measures.  Unless the Landowner or Tenant ofOrganic Agricultural Land and Company agree otherwise, at the Company’sexpense, a mutually agreed upon professional agronomist will make crop yielddeterminations, and the Minnesota Department of AgricultureFruit and Vegetable Inspection Unit will make crop quality determinations.  If the crop yield and/or crop qualitydeterminations indicate the need for soil testing, the testing will beconducted by a commercial laboratory that is properly certified to conduct thenecessary tests and is mutually agreeable to MPL and the Landowner or Tenant.  Field work for soil testing will beconducted by a Professional Soil Scientist or Professional Engineer licensed bythe State of Minnesota.  MPL willbe responsible for the cost of sampling, testing and additional restorationactivities, if needed.  Landowners orTenants may elect to settle damages with MPL in advance of construction on amutually acceptable basis or to settle after construction based on a mutuallyagreeable determination of actual damages.      

Compensationfor Damages Due to Decertification

Should anyportion of Organic Agricultural Land be Decertified as a result of constructionactivities, the settlement of damages will be based on the difference between revenuegenerated from the land affected before Decertification and afterDecertification so long as a good faith effort is made by the Landowner orTenant to regain Certification.