Part II: Defining Soil Disturbance

Rutgers Study Conclusions

• Effects of Compaction on Soil • Soil structure destroyed • Plant growth negatively affected • Natural hydrology circumvented • Increased water runoff/pollution hazard • Soil compaction not easily or rapidly remediated • Compacted soils have increased risk of greater subsequent

compaction • Subsoil compaction is a long-term and possibly unsolvable

problem. • Soils compacted for engineering purposes are permanently

changed. • Soils compacted for engineering have a nearly impermeable

surface layer or compacted layer.

SOIL DISTURBANCE NOT SOIL DISTURBANCE

“The degree and depth of the disturbance by compaction, as well as soil type,

influences whether a remedy is possible or feasible, or whether the damage is permanent.

- Rutgers Assessment of Soil Disturbance on Farmland

”

Rutgers Study Conclusions Degrees of Soil Compaction

Rutgers Study Conclusions

The study did not consider size and scope of disturbance, just the type of disturbance.

1. Most minor to significant negative practices can be remedied through various cultural practices, however, increasing costs (time, money) may be prohibitive and reduction in crop yield or quality may be depressed for periods of time. 2. Soil under almost any condition can be improved, but there is potential for a loss of productivity if the soil structure has been irreparably harmed.

Rutgers Study Conclusions

A vertical cross-section of soil showing the characteristic horizontal layers or horizons of the soil, which have formed as a result of the combined efforts the combined effects of parent material, topography, climate, biological activity, and time.

“Surface Layer” means the soil that is ordinarily moved in normal tillage, or its equivalent in uncultivated soil, and is designated the Plow Layer or the Ap soil horizon.

“Subsurface Layer” means the soil horizon described by NRCS in the Soil Survey Report as the part of the soil profile below the surface layer.

“Subsoil” means the soil horizon described by NRCS in the Soil Survey Report as the part of the soil profile below the subsurface layer

Soil Profile

Definitions

Plow Layer - the soil that is moved in normal tillage, otherwise known as the Ap soil horizon (average maximum thickness in New Jersey of 12 inches). Common acceptance of plow layer nomenclature - same definition in the U.S., Canada, and the United Kingdom. Commonality of soil disturbance standards - U.S. Forest Service considers compaction of forest soils greater than 12 inches major soil disturbance. USDA-NRCS, for cultural resources compliance, considers activities below the plow layer to constitute soil disturbance.

Soil Profile

SUBSURFACE

SUBSOIL

SURFACE

Definitions

“Tillage is generally accepted as a routine and acceptable agricultural practice.”

Photo courtesy of USDA NRCS.

• Generally accepted agricultural practices for seedbed preparation and cultivation of soil

-Rutgers Assessment of Soil Disturbance on Farmland

Moldboard plowing Disking Chisel plowing Etc.

Normal Tillage

Definitions

Normal tillage is limited to the depth of the surface layer, designated as the plow layer, which is the Ap Soil Horizon.

http://wmearthcare.com/everyday-soil-science-4-bulk-density-porosity/

http://www.ipm.iastate.edu/ipm/icm/node/565

An indicator of how well plant roots are able to extend into the soil, calculated as the dry weight of soil divided by its volume

Bulk Density

Definitions

Soil Compaction

Any activity other than normal tillage that results in: • An increase in soil bulk

density or consolidation OR • Reduces a soil’s capacity to

infiltrate water Examples: • Preparing or using land for

the placement of engineered structures such as • Footings • Foundations • Earth-retaining

structures • Parking areas, or • Roadways

• Unless specifically identified by the Committee as an exempt agricultural practice.

http://extension.missouri.edu/p/G1555

Definitions

Soil Movement

• Modification of the soil profile including

– Grading

– Smoothing – Leveling – Cutting – Filling – Importation of soil – Exportation of soil

• Unless specifically identified by the Committee as an exempt agricultural practice.

• Soil movement does not include normal tillage

Definitions

Soil Disturbance = • Soil Movement

• Soil Compaction

• The placement of:

– Asphalt

– Concrete

– Gravel

– Millings

– Other similar materials

Unless specifically identified by the Committee as an exempt agricultural practice.

Definitions

Unimproved Farm Lane –

Unsurfaced

Used to access production fields

Not frequently or intensively used

Not Considered Soil Disturbance

“It is the degree of attendant soil disturbance and not merely the use of geotextile that determines the effect of this kind of disturbance”

-Rutgers Assessment of Soil Disturbance on Farmland

Geotextile Fabrics - Permeable, woven and non-woven fabrics that allow for water infiltration into the underlying soil.

Not Considered Soil Disturbance

Hoophouses Not Considered Soil Disturbance

Solar Panels

Not Considered Soil Disturbance

Part III: Quantifying Soil Disturbance

Part V: Exemptions, Waivers, and Remediation

Part V: Exemptions, Waivers, and Remediation

Exemptions

Specific Exemptions: – Negligible Impact on Ag Use of the Soil

Resources – Subsurface drains – Irrigation pipelines – Irrigation storage reservoirs – Grass waterways, – Utility lines designed to service the premises only – Livestock watering pipelines – Deep tillage

General Requirements: • Must be an agricultural practice • Must be otherwise compliant with DOE

Exemptions

Irrigation Storage Reservoir

• Ponds, tailwater recovery storage areas, etc. when used for irrigation.

• Part of an approved and implemented farm conservation plan

Exemptions

– The use of geotextile fabrics and temporary plastic provided that no asphalt, concrete, gravel, millings, or other similar materials are utilized.

http://plant-pest-advisory.rutgers.edu/weed-control-in-re-used-plastic-mulch/

Exemptions

Unimproved Farm Lane

• Unimproved farm lanes

Exemptions

• Surfaced

• Connect Fields

– Improved Farm Lanes up to 1% of the Premises Acreage

Exemptions

Improved Farm Lane Example: 100 acre farm can have up to 1 acre of exempt improved farm lane 4356 linear feet @ 10’ wide 2904 linear feet at 15’ wide 2178 linear feet @ 20’ wide

Exemptions

• Soil disturbance created solely by third party property interests in the premises, such as utility easements and road rights-of-ways

http://extension.psu.edu/natural-resources/natural-gas/news/2010/04/pipelineinfo

Exemptions

– Other agricultural practices consistent with the intent of this subchapter and approved by the Committee.

Exemptions

Part V: Exemptions, Waivers, and Remediation

Waivers

Activities that do not diminish the agricultural productivity of the land

CRITERIA • Homogenous soil profile • Subsoil remains largely intact and

functioning as an agricultural soil • After soil disturbance, the minimum

rooting depth exists over a restrictive layer

• Site maintains pre-disturbance agricultural production capacity

• Site can achieve agricultural productivity standards referenced in remediation.

Waivers

Shallow Bedrock is a Restrictive Layer

• Example: – Topsoil Stockpiled on site

– Uniform Subsoil >10’ deep

– Subsoil capable of acting as an agricultural soil

– Still suitable for pre-disturbance uses

Waivers

General Requirements: – Required by federal or state law

OR – Soil or water conservation practice

• Eligible for cost share • In approved conservation plan • Approved by committee

Waivers All other waiver requests must meet the following requirements

A soil disturbance project that meets at least one of the general conditions shall also meet ALL the following criteria:

• No feasible alternative to project on or off

premises • Can not be installed on exception area • Can not be installed on prior disturbed

area • Disturbance is minimized • Otherwise compliant with DOE • Not required to address self imposed

hardship*

Waivers

Failure to address stormwater management or other DEP rule that was required at the time the disturbance was created Failure to address a violation of the DOE in order to build production practices

*Examples of Self Imposed Hardships

Waivers

Part V: Exemptions, Waivers, and Remediation

Remediation

• Grantor may, with prior written approval of the Committee, reduce the extent of soil disturbance on the Premises.

Step 1. Develop and Implement a remediation plan

Step 2. Demonstrate satisfactory performance of post remediation testing.

• Committee will determine if remediation was successful and pass resolution to that effect

• Acres remediated will not count toward the soil disturbance limit unless disturbed again.

Remediation

Susan E. Payne, Executive Director Jeffrey C. Everett, Chief of Agricultural Resources David M. Clapp, Resource Conservationist State Agriculture Development Committee P.O. Box 330 Trenton, NJ 08625 609-984-2504 sadc@ag.state.nj.us