It is important that the questions detailed and the full scope of the project are made clear to landowners.
On Sept. 9, several Crawford and Richland County Farm Bureau members attended a project briefing conducted at the Bloomville Community Center. AT&T, along with project subcontractors, Advanced Recovery Technologies and National On-Demand Inc., provided information about the proposed retrieval of a copper telecommunications line installed circa 1963.
Farm Bureau members have identified the following concerns that need to be addressed prior to the project being conducted in the area:
• Local Government Outreach and Involvement: What work has been done to notify county commissioners and township trustees? Have the county engineers and Ohio Department of Transportation (ODOT) District 3 been consulted on road use, traffic control and required permits? Have county sheriffs and EMS been advised to create emergency response planning for this project?
• SWCD Involvement: Have the Crawford and Richland County Soil and Water Conservation Districts (SWCD) been asked to assist in addressing potential issues concerning wetlands avoidance, vegetative management, drainage system identification, separation of soils, compaction prevention and repair/remediation procedures for impacted farm infrastructure and resources?
• Legal Issues Concerning Easements: It is understood that all easements are separate, unique agreements between an individual landowner and the company. In the early 1960s, original landowners could have negotiated additional provisions concerning protection, treatment, and ingress/egress locations on their ground. These provisions are still in effect today; how will these individual easements and their unique terms be addressed with today’s landowners?
Moreover, it has come to the attention of several landowners that a draft “addendum” is being created to explain subcontractor land repair provisions, address crop damage and require maps for subsurface drainage infrastructure. Will this “addendum” be attached to the easement?
• Adequate Time to Consult Legal Counsel: Members are concerned that they could be pressured to sign legal forms and agreements without adequate time to consult with their chosen legal counsel. Landowners needed be afforded time to retain and review these documents with their legal counsel before any pressure is made to sign. Landowners also have concerns about the ability for work to be performed within the parameters of the recorded easements, as well as the damage that may occur to their property and infrastructure. This may require additional conversations with individual landowner’s counsel. How will this additional discussion be facilitated? How will damages be compensated for as the project progresses?
• Additional Regulatory Issues to Address: It is understood that the Federal Communications Commission (FCC) oversees permitting and decommissioning of telecommunications infrastructure. Proceedings governing these activities are a matter of public record. Similarly, the Public Utilities Commission of Ohio (PUCO) oversees permits concerning reclamation of utility infrastructure. Landowners would like to access all these records.
• Removing Cables vs. Decommissioning in Place: The FCC and PUCO have adopted the National Electric Code (NEC) to determine the practicality and costs for retrieving electric and telecommunications cables. Currently, there are no rules in place on mandatory recycling and/or retrieving copper lines when decommissioned. When additional infrastructure is installed over and around these lines, (namely, subsurface drainage tile) and repair/replacement costs for this new infrastructure are more than the value and costs for retrieving the older cables, the NEC recommends sealing and decommissioning in place. Has this option been considered?
• Conflicting Statements and Information to Landowners: Statements have been made to landowners that are unclear and inconsistent, including:
Current Farm Bureau Policy: Farm Bureau members understand that utility infrastructure development in rural communities is vital. Farm Bureau Policy supports creation of easements that clearly identify public need and address environmental issues, including but not limited to disturbance of watersheds, tillage, drainage systems, crop production loss, and adherence to United States Department of Agriculture conservation practices. OFBF policy opposes broader interpretation of existing easements that could allow utilities to expand their access without proper compensation to landowners.
It is important that the questions detailed above and the full scope of the project are made clear to the landowners subject to the easement and likely to have their farmland disturbed by this project and any future infrastructure plans.
Contact the Crawford or Richland County Farm Bureau at 419.747.7488 for more information and stay tuned for updates on this issue.
Crawford, Marion, Morrow and Richland County Farm Bureaus
1495 Longview Ave, Suite 203
Mansfield OH 44906
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