Major Investment Study / Draft Environmental Impact Statement   5. Affected Environment and Consequences     5.13 Farmland

5.13 FARMLAND

5.13.1 REGULATORY SETTING AND METHODOLOGY

• 7 U.S.C. §4201 Federal Farmland Protection Policy Act of 1981, as amended in 1984 (FPPA) Under federal legislation, farmland is defined as, "prime farmland, unique farmland, farmland other than prime or unique that is of statewide importance, or farmland other than prime or unique that is of local importance." The criteria for these designations are entirely related to soil characteristics such as texture, erodibility, depth to water table, slope, and available moisture. If the project affects FPPA farmland and does not meet any exemption criteria, a Farmland Conversion Impact Rating would be required.
• Pennsylvania Executive Order 1997-6 

1. In active agricultural use (not including the growing of timber)
2. Devoted to active agricultural use the preceding three years
3. Fall into at least one of the Priority categories of agricultural land described below for "Primary Agricultural Land"

• Farmland recorded in county land records office, restricted to agricultural use by an agricultural conservation easement including: 1) easements by Agricultural Area Security Law, 2) easements owned by any other "qualified conservation organization," Section 170 (h) (3) of the Internal Revenue Code. 
• Farmland recorded in county land records office, restricted to agricultural use by deed restrictions (Act 442 of 1968). 

Third Highest Priority - Farmland Enrolled in Act 319 of 1974, as amended (Clean and Green) or Act 515 of 1966, as amended is farmland enrolled for preferential tax assessments as land in "Agricultural use" (Act 319) or "farmland" (Act 515).

Fourth Highest Priority - Farmland Planned for Agricultural Use and Subject to Effective Agricultural Zoning is farmland designated for agricultural use in a comprehensive plan and zoning ordinance adopted pursuant to Act 247 of 1968, as amended, the Municipalities Planning Code that delineates an area of agriculturally valuable soils and existing farms.

Fifth Highest Priority - Land Capability Classes I, II, III, and IV Farmland and Unique Farmland is mapped by the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (formerly Soil and Conservation Service) and published in county soil surveys. "Unique Farmland" is defined by the Service as land other than prime farmland that is used for the production of specific high value food and fiber crops. The Service has established a mechanism under which "Unique Farmland" is identified and mapped by interested county committees. 

The Agricultural Land Condemnation Approval Board (ALCAB) shall consider the Agricultural Resource Evaluation Handbook in its review of agricultural lands proposed for condemnation.

The farmland assessment addresses potential impacts of the SVM project to prime farmland soils and statewide important soils, impacts to Agricultural Security Areas (ASA), and impacts to productive agricultural land. County soil survey maps were reviewed at a 400-foot bandwidth, centered on the alignment, for the presence of prime farmland soils of statewide importance. Aerial photography from January 1999 was interpreted to identify potential productive agricultural properties within the project area. The county offices of the USDA Natural Resources Conservation Service (NRCS) were contacted to obtain information regarding prime farmland soils, unique farmland soils, soils of statewide importance and soils of local importance. The Agricultural Stabilization and Conservation Service (ASCS) offices in Berks, Chester, and Montgomery Counties were contacted regarding information pertaining to the individual farms in the study area. This included a listing of farms within ASAs, conservation easements and farms participating in the conservation reserve program. 

Soil mapping information for the project study area was obtained from the NRCS. Information on the presence of farmland soil classifications for each county was also obtained in order to determine soil classifications. Next, all county offices were contacted to obtain a listing of individual farm properties enrolled in farmland conservation easement programs and conservation reserve programs. Each municipality in the study area was contacted to determine if there are conservation easements or Agricultural Security Areas (ASA) inside or adjacent to the study area, or if there were any of these areas pending approval. Documentation of the enrolled farms with aerial photographs, and lands within the ASA, including tax lot and block designations and municipal mapping of the ASA were collected. Finally, tax parcel boundary maps of the project area were obtained and used to locate all active agricultural lands. 

Farmland resources identified in the data collection effort, which consist of farmland soils, Agricultural Security Areas, and active farmlands were delineated on the mapping prepared for the project. By overlaying the proposed project footprint on this mapping, direct impacts to farmland resources were identified to include number of acres of farmland impacted by the project footprint, percentage lost of each farm parcel, and the current condition of the portion of the parcel within the footprint. In addition, any indirect impacts to each farmland parcel, such as loss of access or remnant parcels unsuitable for farming, were also determined.

5.13.2 AFFECTED ENVIRONMENT AND IMPACTS

There are no active farmlands impacted by the No-Build and TSM Alternatives.

Build Alternatives

Active farmland within the build alternative footprint is listed and characterized in Exhibit 5.13-1 Active Farms in Project Area [PDF] and located in Exhibit 5.13-2 Farms, Wooded Areas, and Agricultural Soils [PDF]. Portions of 21 farmed tax parcels are within the project footprint. These portions accumulate to 11.4 acres of impacts, summarized below:

• Impacted areas of 15 of the 21 farms are limited to marginal, tree-covered land. Two other properties (ID#s 18 & 19) are now part of a new industrial park. 
• One parcel - R&H Astheimer in Limerick (ID#2, sheet 6 of 11 - note: ID# refers Exhibit 5.13-1 Active Farms in Project Area [PDF], sheet refers to Exhibit 5.13-2 Farms, Wooded Areas, and Agricultural Soils [PDF]) - is a Preserved Farmland, restricted to agricultural use by conservation easement or deed restriction. This parcel is also part of an Agricultural Security Area. Of the 77.1 acre parcel, 1.7 acres are within the footprint. Of this amount, 0.74 acre is in use for crops, the remaining 0.96 acre is sloping tree-covered land. 
• Four parcels (not including Astheimer) - Florence Jubb (ID#4, sheet 5 of 11), Lower Pottsgrove Sportsman's Association (ID#6, sheet 5 of 11), C. Binder & L Degroot (ID#8, sheet 4 of 11), and P,P&C Bank (ID#8, sheet 3 of 11) - are Act 319 farmland enrolled for preferential tax treatment. A total of 3.95 acres are within the footprint of those parcels. The Binder & Degroot and P,P&C Bank parcels have prime agricultural soils. Of these four parcels, only a minor portion of the P,P&C Bank parcel (0.3 acre) has cropland within the footprint. The other land within the footprint is sloping, tree-covered. 
• The footprint does not result in any condition that would prevent access to farmland and safe passage of farm equipment, or create remnant parcels. No land would be left impractical to farm. 
• The noise environment of the farmed land currently includes diesel locomotive-driven freight trains. Based on evaluation of human exposure to noise impacts (see Section 5.9), noise impacts to livestock from SVM will not increase in comparison to existing condition. 
• Based on the position of the cropped fields and areas of direct impact, it is unlikely that water lines servicing domesticated animals, irrigation, or for drainage will be impacted.

5.13.3 MITIGATION

• The conceptual footprint for the build alternatives would impact 3.4 acres of prime farmland soils. The Farmland Conversion Impact Rating Form (AD-1006) will be prepared (Parts I, III, and IV) in accordance with FPPA regulations for the impacted area associated with each of the parcels. 
• The build alternatives conceptual footprint would impact five parcels that are within ASAs. Should any of these parcels remain within the Preliminary Engineering Footprint, a condemnation request must be made to the Agricultural Lands Condemnation Approval Board and in accordance with Agricultural Area Security Law. 
• The aforementioned parcels and the remaining parcels are protected under Pennsylvania's Prime Agricultural Land Policy. Low priority for protection is provided to parcels not in an ASA, or zoned agricultural lands. The majority of the footprint parcels are within the lower priority protection classifications. 
• All agricultural parcels that will be impacted will be evaluated in detail as to impacts to infrastructure and operations. Mitigation will include, as necessary, replacement of impacted infrastructure. This would include any impacted erosion and sediment control structures, pipelines, access roads, fences, and other farm infrastructure.

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