Contents

COMMUNICATIONS AND THE PERFECT PROJECT

MUNICIPAL REGULATIONS FOR MANURE STORAGE FACILITIES

ALLEGANY STATE PARK BIKE TRAIL RE-OPENS

UNDERGROUND STORAGE TANK DEADLINE NEARS

ALLEGANY-OLEAN TRAIL COMPLETED

"WETLANDS" - NOT A BAD WORD, NRCS - THE HERO

by Glenn D. Cooley, PE

If I have learned one thing over the years it is that clear communications between the Client (you) and the Consultant (us) are essential. Clear communications begin with your first contact with a consultant, whether it is a request for proposals (RFP) or a face to face job meeting. This is the time when you must itemize what you want or need to be done. This is also when you can express your expectations of the finished project.

When you prepare a RFP be sure the list of tasks is as complete as you can make it. The document should be reviewed by others in your organization to ensure all of your points are listed and there is a consensus of what needs to be done. Standard "form" engineering contracts are usually separated into planning, design and construction phases. They also exclude certain tasks you may need such as land surveys, soil testing, checking contractors pay estimates, full or part time inspection, as built drawings and preparation of funding applications. Standard engineering contracts also do not include special studies like cultural resources, environmental impact or wetlands delineation. Do not assume that a consultant will give you everything you need without being specific.

Once you select a consultant either by RFP or other informal means, set down with them and discuss the project. Be sure to express your expectations about the final outcome. You should have a good, open discussion to ensure your expectations meet the consultants perception of your work. Consultants are prone to talk with some degree of "technospeak" (please forgive us). Ask us to define things in layman's terms if you are confused.

As the project progresses, continue your open communications with the consultant. You can do this by asking for monthly progress reports or periodic meetings. Part of the whole process should be your review of draft reports or construction plans depending upon your project. In this way you may notice certain gaps in the documents that can readily filled in before the final completion. As long as everyone keeps talking and communicating you will end up with the project you expected.

MUNICIPAL REGULATIONS FOR MANURE STORAGE FACILITIES

by Jeffrey C. Bahret, PE

Animal agriculture is becoming more intense. Farms are becoming larger, animals are more concentrated, and farms are operating on a smaller profit margin. Manure storage facilities are becoming more common for economic, environmental and management reasons.

Inefficient or costly manure handling and its adverse impact on the environment is a concern that a prudent farm owner wants to avoid. As a result earthen manure storage systems will play an increasingly important role in a complete waste management plan on many farms.

This article was prepared as an aid to municipal officials who are considering making amendments to their zoning and site plan review ordinances to cover animal waste storage and management. There are many issues and aspects that must be considered by municipal officials in deciding to create or amend regulations for animal waste management structures. When assembled correctly, these regulations can aid in protecting the community as well as the farmer and the environment.

Farmers are recognizing the need for pollution control to meet the demands of society. Producers must not contribute to the pollution problems by spreading manure at inappropriate times. Manure spread year round on the farm has a much greater potential of migrating from the area as a pollutant. Phosphorous, nitrogen, biochemical oxygen demand (BOD), sediment, and pathogens have been associated with manure runoff. Many farms still have concentrated sources of waste pollutants leaving the farm such as: barnyard runoff, feed storage areas and wash water discharges. A good common solution to these problems, and one that should be part of an environmental farm plan, is to contain these discharges in a manure storage facility. These wastes can then be applied to crop ground in an environmentally acceptable manner.

Zoning is an exercise of the police power; the power to regulate activity by private persons for the health, safety, and general welfare of the public. The authority to enact zoning is optional and has been delegated by the States of New York and Pennsylvania to individual municipalities (cities, townships, boroughs, and villages).

The "typical" zoning ordinance/local law consists of several articles each dealing with a particular subject. These articles generally include the following sections: general, definitions, zoning districts, overlay districts, nonconforming uses, conditional or special permitted uses, site plan approval, zoning board of appeals, and enforcement. Four of these areas should receive attention when a municipality is considering the regulation of manure storage facilities: Permitted Uses, Accessory Uses, Site Plan Approval and Special Permit Uses.

1.Permitted Uses (allowed "as of right") - These are the type of land uses that are allowed provided they comply with specific standards detailed in the ordinance/local law that can easily be determined whether or not they are met.

Such standards usually are siting requirements such as minimum lot size and the required setback distances of structures from property boundaries When the standards are met, the landowner is entitled to a zoning or building permit. The application is handled in a ministerial manner and the application is either denied or issued by the zoning officer.

2.Accessory Uses -An accessory use is one allowed on a parcel along with a principle use. The accessory use is not permitted on a parcel as a stand alone use.

Often there is a list of permissible accessory uses for each principle use. For example, garages are often allowed only as accessory to a residence. If a manure storage system was identified as an accessory use to a "farm" or a "barn" within a zoning district, it would be an allowed use only as part of a farm operation.

3.Site Plan Approval - Many zoning regulations identify certain uses that are allowed in a district but that must receive site plan approval.

This type of regulation requires municipal approval of the layout and design of development when it occurs on a single parcel of land. This regulatory technique addresses the concern that certain kinds of uses, although they are allowed by the zoning in a particular district, can cause major problems if attention is not paid to how or where, they are situated on the parcel of land.

When a municipality intends to use this tool of site plan review, the first step is to identify those uses with siting concerns and require the approval of plans that show the proposed layout and design of the development on the site before a zoning and/or building permit may be issued. Certain criteria are developed (and included in the text of the zoning ordinance or local law) that, when satisfied, will overcome the potential problems that were identified as likely to occur with the uses involved.

4.Special Permit Uses - These uses are allowed in the particular district only if they meet certain general criteria. In some zoning regulations, "special permit uses" are called "special exemption" or "conditional uses."

The special use permit technique identifies uses which are determined to be desirable in some locations within the district but that may cause very damaging side effects if not carefully considered.

These uses are considered on a case by case basis and are to be permitted only if it is shown that the side effects will be minimized by using the general criteria contained in the district text portion of the zoning regulations. These permits require a public hearing and involve the exercise of discretion and judgement in reviewing applications. The zoning regulation will identify which board (the planning board, the zoning board of appeals, or the legislative body) is responsible for issuing these permits.

In closing, is there a need to regulate manure storage structures? This is a question that each municipality must answer individually. Certainly, lending institutions are quite interested in not only the construction plans but the long term management and environmental aspects of the plan in order to protect their capital invested for storage structures (no lender wants to finance an environmental liability). If municipalities decide to go ahead with a local regulation, the requirements should not unreasonably restrict or regulate farm structures or farming practices or in conflict with the Agricultural District Law.

ALLEGANY STATE PARK BIKE TRAIL RE-OPENS

by: Roy R. Pedersen, PE

The bike/pedestrian trail in Allegany State Park reopened for traffic in June 1997.

E&M Engineers and Surveyors PC working together with Bergmann Associates of Rochester, NY and Geo Environmental Consultants, of Orchard Park, NY prepared plans for the repair.

A section of the trail, which was opened approximately 10 years ago was damaged in the January 1996 flood. The damage consisted of the embankment below the trail sliding down to the stream, leaving the blacktop trail unsupported, and the guide rail hanging in thin air.

Additionally, a bridge carrying the trail across the stream at the base of the hill was damaged due to its pier being undermined and settling about 3', making the bridge unusable.

The solution to the landslide was the removal of the slumped material and rebuilding the slope with various sizes of stone fill, underlain with a geotextile fabric.

Additional, new drainage structures and pipes, and paved gutters were installed above the trail to capture runoff from the hill side and deliver it to the stream.

The bridge was converted into a single span bridge by removing the pier and replacing the beams with larger beams which could support the longer span.

The slope repair was done by Braasch Construction Co., of Lakeview, NY, and the bridge repairs were done by Braasch and State Park workmen.

UNDERGROUND STORAGE TANK DEADLINE NEARS

by: Peter J. Radka, PE

All Underground Storage Tanks (UST) owners should be aware that the deadline for upgrading storage tanks is December 1998. Owners must upgrade or replace their tanks by this date or close the tank system. Tank systems must comply with the regulations for leak detection, corrosion protection, and spill and overfill prevention. The table below summarizes the EPA requirements for both new and existing tanks.

Monthly Monitoring includes: automatic tank gauging, ground-water monitoring, vapor monitoring, and interstitial monitoring. Very small tanks may also be able to use manual gauging.

For purposes of determining whether a tank is a UST and must meet the EPA regulations the following definition applies: A UST is any tank, including underground piping connected to the tank, that has at least 10 percent of its volume underground. Only UST's storing petroleum or certain hazardous chemicals are affected by the regulations. There are exemptions to the requirements (for example, heating oil tanks for on site use) and deferrals from meeting certain portions of the regulations. A check with the local state environmental protection office will enable you to determine whether your tank meets the requirements for an exemption or deferral.

If you know your tank needs to be upgraded or replaced, you should definitely formulate a plan now. Certified installers will probably be very busy as the deadline nears. You also want to make sure that the tank leak detection and corrosion protection systems are what you want, not just what happens to be available.

by: Allan R. Vanderpoel, PE

The six mile trail in the Allegany-Olean area is now complete, and promises to be a great asset to the community. Even during construction, there was considerable amount of "unofficial" use, and now that it is complete, we expect to see heavy use year round.

The trail follows the Allegheny River for over two miles of essentially undeveloped terrain, and makes a loop of approximately six miles total. The trail is asphalt paved and ten feet wide, which is two feet wider than the Allegany State Park trails. The extra width was highly recommended by State Park officials, to allow easier passage. Three bridges will add to the experience of an enjoyable hike or ride, and of course, make access possible across the creeks.

The trail looks very unassuming, but the natural appearance is the result of attention to several aspects of design. The route selection was often dictated by what right-of-way could be obtained, but the choices were carefully weighed for benefits. The primary consideration was to follow the Allegheny River, and to utilize the existing old dikes wherever possible. The area around St. Bonaventure University was kept to the edge of the grounds for seclusion, but is still very accessible from the University. An old railroad grade and the Niagara Mohawk power line corridors were also utilized.

Attention to the detail of the trail construction itself was also emphasized. Because some areas will be underwater when the river is very high, geotextiles, a thick subbase and additional concern for drainage was given. Signs for safety and direction were made a part of the design.

The end product is a trail that will very likely be one of the heaviest used in Western New York. If you have a similar trail concept that you are exploring, please keep E&M Engineers and Surveyors PC in mind. We would be glad to assist you with a concept plan, right-of-way acquisition, trail design, permit applications and construction administration.

"WETLANDS" - NOT A BAD WORD, NRCS - THE HERO

by James A. Nearhood, PLS

Many times in working on survey projects for developers or rural land owners the word "Wetlands" comes up. The work is usually preceded by an expletive and followed by a tirade on how the Feds or the State DEC (Department of Environmental Conservation) is interfering with their plans or telling them what to do with their land. They usually are not what you would call "happy campers".

The Federal and New York State Wetlands Regulations, for those who live in the desert regions of Western New York, are meant to control the use of and prevent the destruction of what wetlands we have left. The term Environmental Conservation is a good one in that it's meaning fits the situation; the wise use of the natural world around us. That is to say not the elimination of our use, but the regulation of uses to those which would not harm the delicate balance of certain habitat.

These regulations can be cumbersome and restrictive. The delineation (defining the boundary of) the wetland can be vague and dependent on vegetation and soil types, not just the fact that there is water present. This is an aspect of land development we at E&M deal with on almost every project. With proper planning we can possibly avoid the wetland. Permits are available to allow special conditions or uses. Sometimes in extreme or tight conditions the wetland can be restructured or a new wetland constructed in a different location. These are ways developers work within the system to obtain a win-win situation. But what about the rural land owners, they lose the use of their land for the betterment of us all with no compensation.

ENTER THE HERO: The United States Department of Agriculture's (USDA) Natural Resources Conservation Service (NRCS), formerly known as the Soil Conservation Service. Over the last three years I have been working with the NRCS in the surveying of the boundaries of certain wetlands on private rural properties so that the agency can obtain an easement covering the wetland. This is called the "Wetland Reserve Program" (WRP).

In exchange for the landowner's agreement to restore and protect the wetland, NRCS could purchase an easement on the property and help pay the cost of restoring the wetland conditions, or could just pay restoration costs only.

The program is voluntary. Landowners could receive 75 - 100% of the value of the property, and 75 - 100% of the restoration costs. There are three sign-up options: a permanent easement, a 30 year easement, or a restoration agreement.

Eligible land for consideration for this program would include;

Agricultural land categorized by NRCS as farmed wetlands, converted farmland, wetland pasture, land altered by flooding.

Wetlands restored under federal or state programs if they currently have an easement with fewer than 30 years remaining.

Conservation Reserve Program land.

Land adjacent to wetlands which contribute significantly to wetlands values.

Riparian areas along a stream or other waterway that link two or more wetlands no more than one mile apart.

The land owner may be allowed certain uses of the land as long as the wetland area is not adversely affected. These compatible uses could include the following with conditions;

Hunting and Fishing

Grazing

Timber Harvesting

Haying or Mowing

Public Drainage Maintenance

The program has been available since 1991 with over 450,000 acres currently enrolled nationwide. The program is funded through the year 2002 and interested landowners should contact their local office of the Natural Resources Conservation Service now to see if they and their land are eligible. Sign up is continuous so visit the office anytime.