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Sunday, June 08, 2008

Ind. Courts - Still more on "Landowner calls move by pipeline company as intimidation"

Updating this ILB entry from April 1st, the Richmond Palladium-Item had a related article yesterday:

INDIANAPOLIS -- An 830-mile natural gas pipeline that will span all of Indiana will comply with several provisions to protect owners of agricultural land.
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The Indiana Farm Bureau worked with the Federal Energy Regulatory Commission and the Rockies Express Pipeline to ensure agricultural interests were considered during the planning, construction and management stages of the project, IFB staff attorney Justin Schneider said.

The pipeline crosses nine Indiana counties, including Franklin County.

The pipeline must be buried a minimum of 5 feet deep where it crosses agricultural fields unless otherwise negotiated with landowners. REX also must repair any drainage tiles damaged during construction for the life of the project.

The plan approved by FERC also restricts REX's right of eminent domain, Schneider said. The pipeline company can't increase the size of the pipeline to accommodate future needs, acquire right-of-way for a pipeline for other commodities or use eminent domain to acquire an additional 35-foot-wide temporary workspace for the storage of topsoil. * * *

"A major concern for many farmers is how this project would affect the crop productivity of the land disturbed by construction," Schneider said.

The company must develop and implement a five-year post-construction monitoring program to evaluate crop productivity in all areas impacted by the construction and file reports on any crop-related problems.

A third party agricultural monitor will be employed during construction to ensure protection of agricultural lands.

All landowners, prior to construction, must be provided with contact information for the local Rockies Express representative and a copy of the environmental complaint resolution procedure.

Complaint protocol must remain in place for at least three years following the project's conclusion, Schneider said.

Posted by Marcia Oddi on June 8, 2008 10:26 AM
Posted to Environment | Ind Fed D.Ct. Decisions