§ 155-9.190  PIPELINES.
   The regulations of this section apply to all pipelines that are not constructed in relation to direct development or improvement of agricultural properties and to all properties with sensitive natural resource features, including wetlands, woodlands and other natural features.
   (A)   Pipeline depth.
      (1)   Except for aboveground piping facilities, such as mainline block valves, tap valves, meter stations, etc., the pipeline must be buried with:
         (a)   A minimum of five feet of top cover where it crosses cropland.
         (b)   A minimum of five feet of top cover where it crosses pastureland or other agricultural land comprised of soils that are classified by the USDA as being prime soils.
         (c)   A minimum of three feet of top cover where it crosses pastureland and other agricultural land not comprised of prime soils.
         (d)   A minimum of three feet of top cover where it crosses wooded/brushy land or other sensitive areas.
         (e)   Substantially the same top cover as an existing parallel pipeline, but not less than three feet, where the route parallels an existing pipeline within a 100-foot perpendicular offset.
      (2)   Notwithstanding the foregoing, in those areas where (1) rock in its natural formation and/or (2) a continuous strata of gravel exceeding 200 feet in length are encountered, the minimum strata must be at least 30 inches.
      (3)   All pipelines should be covered with at least five feet of soil.
   (B)   Replacement of topsoil.
      (1)   The topsoil depth must be determined by a properly qualified, independent soil scientist or soil technician who must set stakes at least every 200 feet along the right-of-way identifying the depth of topsoil to be removed.
      (2)   The actual depth of the topsoil, not to exceed 36 inches, must first be stripped from the area to be excavated above the pipeline and from the adjacent subsoil storage area. The topsoil must be stored parallel to the pipe-line trench in such a manner that it will be intermixed with subsoil materials.
      (3)   The topsoil must be replaced so that after settling occurs, the topsoil's original depth and contour (with an allowance for settling) will be restored. The same requirements apply where excavations are made for road, stream, drainage ditch, or other crossings. Topsoil materials may not be used for any other purpose.
      (4)   As the topsoil is replaced, all rocks greater than three inches in any dimension must be removed.
   (C)   Restoration of ground cover.
      (1)   All soil conservation practices (such as terraces, grassed waterways, etc.) That are damaged by the pipeline's construction must be restored to their pre-construction condition.
      (2)   Sensitive areas must be restored by seeding or planting vegetation that will establish preexisting character or to the landowner's desire, not to exceed what was formerly present.
   (D)   Restoration and repair of field tiles.
      (1)   All tile lines within the right-of-way prior to the pipeline's installation must be identified so that necessary repairs can be made. The pipeline company must request information regarding line locations from affected landowners/tenants before the pipeline's installation. All identified tile lines must be staked or flagged before construction to alert construction crews to the possible need for tile line repairs.
      (2)   All tile lines that are damaged, cut, or removed must be staked or flagged with the stakes or flags in such a manner that they will remain visible until permanent repairs are completed. Tile lines must be restored to their original route within 14 days of the tile being broken or damaged.
      (3)   If tile lines are severed by the pipeline trench, angle iron, I-beams, or an equivalent must be used to support the repaired tile lines. The support members must be installed to rest on a minimum of eight-inch undisturbed soil shelves, and they must be sufficient to support a ten-ton point load on the surface directly above the repaired tile line.
   (E)   Ingress and egress routes.  Prior to the pipeline's installation, the pipeline company and the landowner must reach a mutually acceptable agreement on the route that will be utilized for entering and leaving the pipe-line right-of-way should access to right-of-way not be practical or feasible from adjacent segments of the pipeline right-of-way or public highway or railroad right-of-way.
   (F)   Required notifications.
      (1)   The property owners of the land on which the pipe will be located must be notified of the project intent and approximate scheduling of the construction.
      (2)   Written permission must be obtained from each property owner affected for pipelines not approved by the Federal Energy Regulatory Commission.
      (3)   Pipeline companies seeking requesting a certificate of public convenience and necessity must provide written notice to the County Executive at least 30 days before any Federal Energy Regulatory Commission hearing.
(Ord. effective 10-1-2012)