Section 281.832. Pipelines and conduits generally.

(1) In the planning stages for pipeline and other utility water course crossings, the applicant shall consider and evaluate the economic and environmental feasibility of using existing utility corridors   for  new installations.  Applicants shall also consider and evaluate the economic and environmental feasibility of using directional drilling/boring technology and other available methods to conduct lake and stream crossings. Based on the applicant's evaluations, the applicant shall propose to use corridors and watercourse crossing methods that, with all factors considered, represent the least overall environmental impact while still allowing the project to be completed in a reasonable and cost effective time frame.

(2)    The use of directional drilling/boring methods to conduct lake and stream crossings will not be regulated by part 301 of the act if all of the following provisions are satisfied:

(a)   A minimum of 10 feet is maintained from the top of the conduit and the bottom of the lake or stream.

(b)   The entry and exit points are located far enough away from the lake or stream banks to assure that bank disturbance does not occur.

(c)    The drilling or boring sites (pits) are located outside of any applicable natural river designation setback requirements.

(d)     The  drilling  or  boring  operations  will  not   result   in   the eruption/release of any drilling fluids up through the ground and into the lake or stream. If, however, the eruptions/releases occur below the ordinary high watermark of the water body, then

an after-the-fact permit application shall be submitted with a detailed description of how the crossing was completed, how the eruption was minimized, contained, and cleaned up, and how the site was restored.

(3)   As part of the permit application other than as specified in subrule (2) of this rule, an applicant shall submit to the department 5 copies of general construction plans, including, but not limited to, a complete route map that identifies each lake, stream, and wetland crossing, soil erosion control plans, if a soil erosion and sedimentation control permit from the

state  is  required,  and   an  explanation,   together   with    plans   and specifications, of the methods to be used to complete all crossings. Before solicitation of bids and acquisition of rights-of-way, a permit applicant may submit an application to the department for review and permit issuance under part 301 of the act.

(4)     If either the department or the applicant  deem   it  necessary,  a preconstruction meeting shall be held in order to thoroughly acquaint all concerned parties with the measures that must be taken to minimize erosion and siltation and properly protect the natural resources in the project area.

(5)   A permittee shall give the department 10 days' written notice before beginning work.

(6)   A permittee shall take all necessary steps to prevent damage to fish and game habitat and to preserve the natural resources of the state. A permittee shall carry out excavation so as to minimize the discharge of damaging material into any stream, lake, or reservoir.

(7)    A permittee shall complete the work of clearing, scalping, grading, slope erosion protection, ditching, backfilling, and final cleanup within 50 feet of streams, lakes, and reservoirs within as short  a  period   as reasonably possible, but not more than 24 hours, in order to minimize erosion occurring from wind and precipitation.

(8)    A permittee shall complete final site stabilization measures within 3 days of completing the final site grading and final site cleanup.

(9)    A permittee shall stop trench excavation on any 1 spread when 10,000 feet remain open, except as authorized in the permit issued by the department.

(10)   A permittee shall accomplish replacing bank plugs and grading stream banks within 50 feet immediately after laying pipe.

History: 1998-2000 AACS.