Empire Pipeline Inc.
Tioga County Extension Project Wetland Mitigation Plan – Upper Susquehanna Coalition/The Wetland Trust
Empire Wetland Mitigation Update
for
Tioga County Extension Project
Prepared by:
Upper Susquehanna Coalition
Tioga County Soil and Water Conservation District
183 Corporate Drive
Owego, NY 13827
Prepared for:
Wayne Graham
National Fuel Gas Supply Corporation
Environmental Compliance Manager
1100 State Street
Erie, PA 16501
19 January 2012
Project: Tioga County Extension Project
The Mitigation Goal: As mitigation for the permanent conversion of federally regulated waters
of the United States consisting of 1.86 acre of palustrine scrub shrub (PSS) and 4.56 acre
palustrine forested (PFO) wetlands to emergent/herbaceous wetlands, the permittee shall provide
compensatory mitigation in accordance with the April 10, 2008 Final Compensatory Mitigation
Rule.
Background on the USC/TWT: The Upper Susquehanna Coalition (USC), established in 1992,
is a network of 19 Soil and Water Conservation Districts in NY and PA covering the headwaters
of the Susquehanna River that work under a Memorandum of Understanding (MOU) signed by
each District and both State Conservation Committees. The USC has an active wetland
restoration program that includes wetland mitigation projects. Tioga SWCD is the administrator,
representing the USC. The Wetland Trust (TWT) is a nonprofit corporation whose mission is
protection, conserve and restore wetlands. It will be the long-term land steward in this project
through fee simple ownership of the subject properties.
Synopsis of Mitigation Accomplishments
(2) Mitigation Plan: The Wetland Mitigation Plan, dated 5 May 2011,was written by the USC
for Empire and as modified by special conditions in the US Army Corps Provisional Permit No.
2009-01809, dated 22 July 2011. This report provides information on the Permit paragraph F.
Mitigation, numbers 1 through 12, 14,15, as follows:
F.
Mitigation
1.
As mitigation for the permanent conversion of federally regulated waters of the United
States consisting of 1.86 acre of palustrine scrub shrub (PSS) and 4.56 acre palustrine forested
(PFO) wetlands to emergent/herbaceous wetlands, the permittee shall provide compensatory
mitigation in accordance with the April 10, 2008 Final Compensatory Mitigation Rule: This is
the mitigation target, which was achieved as described below.
2.
The permittee has agreed to contribute $609,300 to The Wetland Trust, which has agreed
to dedicate these funds for the following: Funding for 609,300 provided through a contract
signed and approved by all parties.
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A. Campground Road Mitigation Site II: The Wetland Trust owns this site. "Restore 1.86
acres PSS wetlands, create 1.6 acres PFO wetlands, and preserve 0.6 acre mixed deciduous
PFO wetlands. A hydrophytic herbaceous layer element will be established as a foundation
for the PSS and PFO plantings." Restoration began on 12 May 2011 and was essentially
complete by 16 June, with additional planting and site modifications continuing through
13 November 2011. Attached to this synopsis is the
B. Wayland Site: Purchase 84-acre parcel for preservation/protection: Parcel contains
29.66 acres mixed-deciduous PFO wetlands, 7.1 acres alder scrub shrub swamp, and 40.39
acres upland buffer. Purchase completed on 1 June 2011, with deed in name of The
Wetland Trust.
C. Herforth Site: Purchase 11.5 acres for preservation/protection: Parcel contains 5.52
acres hemlock hardwood PFO wetlands interspersed with vernal ponds and includes 5.07
acres of surrounding upland forested habitat. This purchase of two adjacent parcels was
completed on 29 December 2011 with deed in name of The Wetland Trust.
3.
The permittee is required to provide verification of the transfer of mitigation funds to The
Wetland Trust. Verification must be sent to the attention of Judy Robinson, U.S. Army Corps of
Engineers, 7413 County House Road, Auburn, New York 13021, prior to the placement of any fill in
a water of the United States, including wetlands. The permittee remains responsible for the success
of the restoration of the wetlands in the area designated for the authorized project. Completed.
4.
The REVISED DRAFT Compensatory Mitigation Plan (Plan) dated 5 May 2011, submitted
by the Upper Susquehanna Coalition (USC) on behalf of the permittee is hereby accepted as the
FINAL Plan and made a part of this permit as Appendix A. The permittee must implement the
mitigation in accordance with the plan and any permit conditions. The mitigation performance
standards listed in the Special Conditions supersede any conflicting standards listed in the
compensatory mitigation plan as listed previously. A report on the performance standards will be
submitted in 2012 after a full year's growth. This task is on schedule for submittal in 2012.
5.
The permittee is required to place Conservation Easements (Easements) held by a
conservation-oriented 3rd party organization on the above three (3) sites that are identified in the
Plan on Pages 22 (Wayland), 23 (Herforth), and 25 (Campground Road II) to guarantee
preservation for aquatic resources in-perpetuity. The 3rd party holding the Easements must be a
qualified grantee under State Law, have the expressed purpose of protecting natural or aquatic
resources in perpetuity. Draft 3rd party conservation easements were developed for all three
sites, includes information as described in numbers 6, 7,9,10,11 below, have been submitted
with this synopsis to the US Army Corps for approval before final filing at the appropriate
county clerk offices described in numbers 8 and 12 below.
6.
The permittee is required to submit a DRAFT copy of the Easement language to be
reviewed and approved by Judy Robinson of this office prior to recordation. The Easement
documents shall contain language that clearly states the intention of protecting water resources.
The Easement shall contain specific acreage of each mitigation element (i.e., number of acres for
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PFO preservation, restoration, etc.), legal description (metes and bounds) and surveyed maps for
each property boundary and shall also include:
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Caption (Parties and Date)
Recitals, including the protection of water resources and baseline documentation
Grant
Provisions, including annual easement monitoring
Habendum
Signatures and Acknowledgements
Schedule of Exhibits
7.
Restrictions contained in the Easements shall specifically state that the mitigation areas
identified in Special Condition 1 must not be adversely impacted by construction or structural
modifications including, but not limited to the following:
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Filling, excavating, dredging, mining or drilling, use of ATVs or other recreational
motorized vehicles, removal of topsoil, sand, gravel, rock, minerals, or other materials,
nor any building of roads or change in topography of the land in any manner (with the
exception of the maintenance of small foot trails), construction or placement of buildings,
camping accommodations or mobile homes, fences, signs, billboards or other advertising
material, or other structures.
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No removal, destruction, or cutting of vegetation, spraying with herbicides, grazing of
domestic animals, or disturbance or manipulation of the mitigation area without first
obtaining Department of the Army authorization. Control of nuisance vegetation, or any
other manipulation within the mitigation areas, shall only occur after USACE
concurrence that such management practices are necessary to ensure the long-term
success of the mitigation program.
8.
The approved Easements shall be executed and recorded with the appropriate County
Recorder of Records for each site for the preservation of aquatic resources as mitigation for the
authorized work. Upon approval by the US Army Corps all easements will be recorded.
9.
The mitigation and preserved areas, as depicted in the Plan on Pages 22 (Wayland), 23
(Herforth), and 25 (Campground Road II), must be used solely for the protection of aquatic
resources. Any other uses, including but not limited to the placement of buildings, roads,
camping accommodations, mobile homes, fences, signs, billboards or other advertising material,
dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals, or other materials,
are prohibited.
10.
The permittee must not manipulate or alter the mitigation and preservation areas, water
courses, lake shores, marshes or other jurisdictional areas without first obtaining Department of
the Army authorization.
11.
The primary purpose of the compensatory mitigation site is for the replacement of
aquatic resource functions and services permitted under Department of the Army File No. 2009-
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01809. Any disturbance to this site that may result in the degradation/loss of aquatic resources is
expressively prohibited. Activities, such as cutting or spraying vegetation, must be approved by
the U.S. Army Corps of Engineers prior to initiation, unless already approved in the Plan dated 5
May, 2011.
12.
Work authorized by this permit may commence prior to completion of the Easement
process describe in Special Conditions 2, 3, and 4 above; however, the certified copy of the
recorded Easements must be provided to Judy Robinson, U.S. Army Corps of Engineers, Auburn
Field Office, 7413 County House Drive, Auburn, New York 13021, by December 31, 2011 or by
an approved extension date.
13. Performance Standards for Campground Road Restoration. These will be used to develop
the monitoring reports, which will be submitted yearly, beginning in 2012.
14.
The permittee must begin construction of the wetland mitigation located on the
Campground Road Site II area prior to or concurrent with the filling activities authorized by
this permit. The site must be constructed in accordance with the attached drawings as well as
any permit conditions. Construction activities, including all planting requirements must be
completed by November 15th of the year mitigation construction begins, or by a USACE
approved extension date. . Restoration began on 12 May 2011 and was largely completed by 16
June, with planting and site modifications continuing through and completed on 13 November
2011.
15.
A baseline wetland construction report must be forwarded to this office by December 31
in the year of completion of all mitigation construction activities, or by an approved time
extension. For purposes of this Special Condition, “completion” is defined as all activities
associated with site grading and seeding and/or planting. The baseline report must include the
following:
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“As-Built” topographic survey of the mitigation area at 0.5 foot contour intervals
Photographs from fixed locations with a photo-location map
List of plants introduced through seeding and/or planting
Water depth and date of measurement from representative locations within the mitigation
area. Sample points will be fixed locations and shall be depicted on a map.
 List of any modifications/adaptive management activities that differ from the original
mitigation plan
An extension was approved until 20 January 201. 2 The Wetland Construction Report is
attached to this synopsis.
16. The permittee is required to submit annual monitoring and/or compliance reports for the
wetland mitigation project, as described in Special Condition 1A, to this office for the first five
(5) years for PSS wetlands and ten (10) years for PFO wetlands following completion of the
mitigation construction based upon data collected during each monitored year between June and
October. This task is on schedule for submittal in 2012.
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