Conservation Planning And Regulatory Compliance Handbook

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Pennsylvania NRCSConservation Planning andRegulatory ComplianceHandbook

Conservation Planning andRegulatory Compliance HandbookTable of ContentsSectionDatesA. Inside Front Covera. Conservation Plan Requirements Poster and Laminated GuideJuly 20111. Introductiona. Cover Letterb. Bulletin PA 450-11-1July 2011July 20112. Planning Guidancea. Conservation Planning Guidanceb. Conservation Plan Requirements BrochureJuly 2011July 20113. Standard Statementsa. Using Standard Statements When Creating Plan Documentsb. Standard StatementsJuly 2011July 20114. Cropland Guidancea. Conservation Crop Rotation 328 Job Sheetb. Planning Guidance for Near-Stream Cropland Areasc. Exhibit 1 for Cropland GuidanceJuly 2011July 2011July 20115. Concentrated Livestock Area Guidancea. Concentrated Livestock Area Guidanceb. Exhibits 1-5 for Concentrated Livestock Area GuidanceJuly 2011July 20116. Pasture Guidancea. Prescribed Grazing 528 Job Sheetb. Pasture Nutrient CalculatorJuly 2011July 20117. Permitting Guidancea. NPDES Construction Permitting Requirements for Ag Operationsb. FAQs for Chapter 102 Regulation RevisionsFeb 2011May 20118. Outreacha.“Am I in Compliance?” BrochureTable of ContentsJuly 2011Jan 20111

Inside Front Cover

Pennsylvania NRCSConservation Plan Folder RequirementsBlack– Include in NRCS Case Fileand Customer FolderGreen– Include in NRCS Case FileMappingRequirementsAll Maps Contain:ONLYTitle Block Showing:Map TitleName of Conservation District, County, andStateCustomer’s NameDate Map PreparedConservation PlanDocumentBusiness/Customer InformationOwner/Operator NameMailing AddressTelephone NumberObjective StatementRecord of Customer’s DecisionImplementation ScheduleSite Specific Narrative StatementsOperation and Maintenance StatementsStandard StatementFSA Farm and Tract numberPlanner’s Name (Optional)Scale BarMap LegendRequired MapsLocation Map (If Applicable)Conservation Plan Map Showing:Field and Tract BoundariesField LabelsField NumbersNRCS Land Use DesignationField AcreageHEL DeterminationRoad NamesWaters of the CommonwealthLocation of all Known UtilitiesSignature BlockCustomerConservation Practices (Existing andPlanned)Detail Maps (As Needed)Certified PlannerConservation District (If Applicable)Soils Map Showing:Field and Tract BoundariesSoil PolygonsMap Unit SymbolsTopographic Map

Pennsylvania NRCSConservation Plan Folder Requirements(Cont.)Land Use RequirementsAll Land UsesIdentify Treatment and Management of:- Gully Erosion- Near-Stream Areas- Areas of Animal ConcentrationSupportingDocumentationJob Sheets (As Needed)PA Wildlife Habitat Evaluations(By Land Use)Cropland/HaylandAssistance Notes(NRCS-CPA-6)328, 512, or other management practicesRUSLE 2 Calculations (Cropland Only)Environmental ComplianceEnvironmental Evaluation (NRCS-CPA-52)Plan View PrintoutManagement View PrintoutPasture528Prescribed Grazing DocumentationHeadquartersCNMP (if applicable)Cultural Resources Review Worksheet withE-Mail VerificationPNDI Project Environmental Review ReceiptNational Food Security ActCompliance (If Applicable)(‘Highly Erodible Land Compliance’/’Wetland Compliance’)AD-1026Farm Producer Data ReportNRCS-CPA-026ENRCS-CPA-027More InformationFor questions regarding conservationplanning or required documentation,please contact:Gwendolyn Crews(717) 237-2218gwendolyn.crews@pa.usda.govJuly 2011

Pennsylvania NRCSConservation Plan Folder RequirementsBlack– Include in NRCS Case Fileand Customer FolderGreen– Include in NRCS Case FileONLYMappingRequirementsAll Maps Contain:Title Block Showing:Land Use RequirementsMap TitleName of Conservation District, County, andStateCustomer’s NameIdentify Treatment and Management of:Date Map Prepared- Gully Erosion- Near-Stream Areas- Areas of Animal ConcentrationFSA Farm and Tract numberPlanner’s Name (Optional)Scale BarMap LegendConservation PlanDocumentBusiness/Customer InformationRequired MapsManagement View PrintoutAssistance NotesField NumbersNRCS Land Use DesignationField AcreageHEL DeterminationRoad NamesImplementation ScheduleWaters of the CommonwealthSite Specific Narrative StatementsLocation of all Known UtilitiesOperation and Maintenance StatementsConservation Practices (Existing andPlanned)Signature BlockCustomerCertified PlannerConservation District (If Applicable)July 2011PA Wildlife Habitat EvaluationsConservation Plan Map Showing:Field LabelsStandard StatementRUSLE 2 Calculations (Cropland Only)Job Sheets (As Needed)(By Land Use)Field and Tract BoundariesRecord of Customer’s Decision328, 512, or other management practicesPlan View PrintoutMailing AddressObjective cation Map (If Applicable)Owner/Operator NameTelephone NumberAll Land UsesDetail Maps (As Needed)Soils Map Showing:Field and Tract BoundariesSoil PolygonsMap Unit SymbolsTopographic MapPasture528(NRCS-CPA-6)Environmental ComplianceEnvironmental Evaluation (NRCS-CPA-52)Prescribed Grazing DocumentationHeadquartersCNMP (if applicable)Cultural Resources Review Worksheet withE-Mail VerificationPNDI Project Environmental Review ReceiptNational Food Security ActCompliance (If Applicable)More InformationFor questions regarding conservationplanning or required documentation,please contact:Gwendolyn Crews(717) 237-2218gwendolyn.crews@pa.usda.gov(‘Highly Erodible Land Compliance’/’Wetland Compliance’)AD-1026Farm Producer Data ReportNRCS-CPA-026ENRCS-CPA-027

Intro.

One Credit Union Place, Suite 340Harrisburg, PA 17110-2993717-237-2100; fax 717-237-2238Natural ResourcesConservation ServiceJuly 28, 2011Dear Conservation Planner,I would like to present you with this Conservation Planning and Regulatory Compliance Handbook.While official policies and guidance are maintained in the online directives and field office technicalguide (FOTG) systems, this handbook is intended to help you find quick reference to the items you mostfrequently use.As you know from your conservation planning guiding principles, knowledge is incomplete; change isconstant; and the planning process is dynamic. As science discovers new understandings andgovernments change their regulations, conservation planners use this new information to help decisionmakers adapt it to their situation.Over the winter, NRCS State Office support staff members have worked with Area and Field Officeconservationists and experts at the State Conservation Commission, the Pennsylvania Department ofEnvironmental Protection, Pennsylvania Department of Agriculture, Penn State University, ConservationDistricts, and many other partnering organizations to develop guidance relevant to recent changes inerosion and sediment control requirements.Navigating the many laws and regulations of each of the layers of government is time consuming andconfusing. As conservationists, it is our duty to make sure the assistance we provide addresses therequirements of all relevant laws and regulations. This book has been organized into typical planning andland use topic areas to assist you in making sense of the State’s new regulation changes. Blank tabs havebeen provided in the handbook for your convenience to insert materials you may have already collectedand frequently use. When support staff members develop guidance for other planning and regulatorytopics, new tabs will be provided to add to the handbook.Thank you for helping farmers better understand the landscape, comply with relevant regulations, andmake decisions to conserve natural resources for future generations.DENISE COLEMANState Conservationist

Natural Resources Conservation ServiceOne Credit Union Place, Suite 340Harrisburg, Pennsylvania 17110-2993Ph. (717) 237-2100 Fax: (717) 237-2238PENNSYLVANIA BULLETIN NO. PA450-11-1DATE: July 28, 2011SUBJECT: TCH – NRCS Efforts to Help Farmers Understand State EnvironmentalCompliance RequirementsACTION REQUIRED: Immediate implementation.PURPOSE: To provide direction and guidance to NRCS field offices and partneringconservation planners on helping farmers understand regulatory requirements ofChapter 102 under Title 25 Environmental Protection of Pennsylvania’s Code andas authorized by the Clean Streams Law P.L 1987, Act 394 of 1937, as amended.EXPIRATION DATE: July 28, 2012Background: On November 19, 2010, DEP published revisions to Chapter 102 Erosion and SedimentControl and Stormwater Management regulation. Section 4(a) of Chapter 102 identifies erosion andsediment control requirements for agricultural plowing or tilling activities and for animal heavy use areas.In response to the revisions to Chapter 102, PA NRCS has developed guidance to ensure consistencybetween NRCS conservation planning efforts and the requirements of Chapter 102.Directions: In order to assist the conservation partnership’s effort to provide a clear and consistentmessage regarding agricultural producer’s responsibilities to comply with State environmentalregulations, NRCS will undertake the following efforts:General Customer ServiceWhen meeting with customers, NRCS staff will inquire as to their awareness of environmentalregulations applicable to agricultural activities and offer the brochure “Agricultural EnvironmentalRegulations: Am I In Compliance?” (January 2011) to those who have not already received one.NRCS staff will clearly explain to customers what assistance will be provided, on which areas ofthe property, and identify the areas not being addressed by NRCS during the request. Customersmay need to request assistance from Conservation District or private consultants to addressremaining parts of the farm not covered by NRCS assistance.Conservation Planners employed by NRCS or partner planners working on behalf of NRCS willutilize the PA NRCS Conservation Planning Guidance as references to help ensure that allplans are thorough and meet the level of planning requested by the customer. The guidance helpsconservation planners ensure technical adequacy, administrative completeness, and consistencyamong planners. The PA NRCS Conservation Planning Guidance document will NOT be recordedas part of the NRCS case file or provided with the customer’s conservation plan copy.

For communicating conservation plan requirements and assuring high-quality assistance, use theConservation Plan Requirements brochure at meetings, the poster at the office, and the laminatedguide outside in the field.Planners will review the conservation plan with customers to ensure the customer understands thedocumentation of existing practices and the new practices scheduled to be applied. The plannerwill also explain the level of treatment for each of the natural resource concerns that will beaddressed by applying the practices.All Conservation Planners will provide a copy of a topographic map of the planned area asrequired by the Chapter 102 regulation.“T” Over the RotationNRCS staff will make the customer aware that to comply with Pennsylvania Chapter 102regulations pertaining to Erosion and Sedimentation Control, he/she must maintain the TolerableLevel (T) soil loss rate over the field crop rotations and all treat gullies.When NRCS develops a conservation plan for a customer participating in a program covered bythe Food Security Act, NRCS staff will explain the Highly Erodible Land ConservationCompliance requirements. On fields subject to the Act that are used to produce an agriculturalcommodity prior to December 23, 1985 sheet and rill erosion levels must be reduced at aminimum to 75 percent of the potential erodibility of the field, not to exceed two times the soilloss tolerance level (2T) for the predominant highly erodible soil map unit and all ephemeral gullyerosion must be treated. In the case of land with no cropping history, the erosion level will notexceed the soil loss tolerance level (T) and will treat all gullies.All conservation plans written henceforth will now include a Standard Statement identifyingwhether the predicted soil loss rate for the selected (preferred) alternative will meet (T) and if theplan treats gullies OR if the rate exceeds (T) but is still within compliance of the Highly ErodibleLand Conservation provisions where applicable OR if the rate exceeds (T) on lands not subject tothe requirements of the Food Security Act.The narrative or referenced job sheet for practice 328 Conservation Crop Rotation will clearlyidentify the conservation cropping system being used on the operation consistent with therotations, tillage, residue, and management operations used in the RUSLE2 software to estimatesoil loss rates.The conservation plan case file and the copy provided to the customer will contain RUSLE2 planand management view reports as supporting evidence that the planner has presented alternativesfor the customer to consider that meet the tolerable (T) soil loss rate and would comply withChapter 102 regulations in the event that the selected alternative does not meet (T).Near-Stream Cropland AreasThe narrative for practice 328 Conservation Crop Rotation will clearly describe or referenceattached job sheets that explain how the 25% cover on cropland areas near streams or additionalBMP requirements will be met.25% cover on near-stream cropland areas or additional BMPs is already a planning requirementfor all producers operating a CAO or CAFO or needing a CNMP to participate in NRCSprograms.Conservation Planners will fully evaluate cropland areas near streams using Planning Guidancefor Treating Near-Stream Cropland Areas located in Section III of the PA Technical Guide.Pastures and Animal Concentration AreasNRCS employees are encouraged to attend basic pasture management trainings to improve theintegrity of pasture planning assistance with livestock related concerns on adjacent lands used onthe farm.2

Conservation Planners are to immediately begin using the Concentrated Livestock AreaGuidance located in Section III of the PA Technical Guide. Conservation Planners will fullyevaluate areas where livestock concentrate, sometimes referred to as Animal Concentration Areas(ACAs) or Animal Heavy Use Areas (AHUAs) to describe paved, unpaved, improved orunimproved areas that do not otherwise sustain vegetation, forage growth, or post-harvest residuesduring the normal growing season.Conservation Planners may begin to use the new 528 Job Sheet for simple grazing systems.Redundant data entry has been eliminated. The Pennsylvania Nutrient Management Program’sPasture Nutrient Calculator has been added to the job sheet. Referenced tables are also includedfor convenience. Grazing Specialists are developing another version for co-grazing systems. Asalways contact them for assistance with developing co-grazing or other complex grazing systems.When changes to DEP’s Land Application of Manure Supplement to the Manure Management Manual arefinalized, additional direction and guidance will be provided to ensure consistency between NRCS effortsto reduce nutrient loss and the Commonwealth’s requirements. In the meantime, continue to follow ourCNMP planning assistance policy when assisting any Animal Feeding Operation to manage manure.The documents identified in this bulletin will also be distributed in hard copy format in the ConservationPlanning and Regulatory Compliance Handbook for easy reference. A live meeting will also beannounced to briefly review the materials and answer any questions.Thank you for your continued excellence in providing the best customer service possible to helpPennsylvania’s farmers and forest landowners. As all of you know, conservation is about much more thanmere compliance with laws and regulations; it is about passing on our legacy of efforts to ensure asustainable food supply, clean water and air, abundant and diverse wildlife, and a livable landscape nowand for generations to come.Contact: If questions, NRCS staff may contact Dan Dostie, NRCS State Resource Conservationist, at717-237-2256 or daniel.dostie@pa.usda.gov.DENISE COLEMANState Conservationistcc:Robert Maiden, PACD, HarrisburgKarl Brown, SCC, HarrisburgMarge Hughes, DEP, HarrisburgSteve Taglang, DEP, HarrisburgBruce McPheron, PSU, State CollegePennsylvania NRCS Certified Conservation Planners3

Planning Guidance

Pennsylvania NRCSConservation Planning GuidanceInstructions:Do not include this document in the customer folder. This document is intended to provideguidance on Conservation Plan requirements. It is not meant to include any customer specific information.Discard after each use.This Conservation Planning Guidance identifies and explains the required elements of a Conservation Plan.Every Conservation Plan will include all items identified in this document unless they are marked “optional,”“if applicable,” or “as needed.”The Conservation Plan document provided to the customer is a quality document containing information thatis meaningful for the customer. The plan exhibits technical adequacy, administrative completeness, and consistency among documents. All plan documents are in accordance with NRCS policy, planning guidance, andpractice standards and specifications.Ultimately the Conservation Plan* is a document that records the customer’s decision. The plan includes astatement identifying the customer’s objectives, as well as a standard statement clarifying conservation goalsor “limitations of objectives.”*Note – All NRCS Case Files contain copies of all documents provided to the customer, in addition to all otherrequired internal documents.Business/Customer InformationDecision-maker* (Customer) Name, Mailing Address, Telephone Owner Name, Mailing Address, Telephone Operator Name, Mailing Address, Telephone Farm Mailing Address*Note – in the case of a partnership, corporation, etc., clearly identify the individual acting as the decision-maker.Objective Statement*Clearly states the purpose of the customer’s conservation goals using quantitative or qualitative statements ofdesired future conditions as determined by the customer. The objective statement also includes basic site information such as cropping system and/or type and number of livestock.*Note – this statement is commonly included at the beginning of the Conservation Practice Schedule.Assistance Notes (NRCS-CPA-6)Assistance Notes – Legible notes, maintained by planners. These notes are included in the case file and serveas a concise, factual, and chronological record of significant conservation activities. They may summarize progressin planning and implementation for certifying practices.Include any notes or records of customer objectives, technical or management alternatives discussed with customer, decisions made when and by whom, etc.Correspondence Documents (if applicable) – letters, e-mails, supporting maps, etc.Conservation Planning GuidanceJuly 2011Section III, PA FOTG1

Conservation District cooperative agreement (if applicable)Conservation Plan MapsThe maps are clear and concise, serving as a visual summary of activities occurring on the operation.All maps contain: Title block showing: A map title (i.e. Location Map, Conservation Plan, Soils, Topographic Map) Name of Conservation District, County, and State in which the operation is located The date the map was prepared FSA Farm number (can be placed in “Legal Description” block) FSA Tract number (can be placed in “Legal Description” block) Customer’s name Planner’s name (optional) A scale bar (1:660 or comparable scale is recommended, as applicable to the size of the operation.) Legend - contains information relevant to each map North arrow NRCS Symbol (optional)Required Maps Location Map (if more than one tract in plan):The Location Map clearly identifies the location of the operation when multiple tracts are involved in the plan (i.e.,Nutrient Management Plan, Grazing Plan, CSP Contract, Cover Crop Contract). Labels displaying FSA Farm andTract number are included. Conservation Plan* Map including:The Conservation Plan map clearly identifies the location of the operation, individual land units, land use designations, and acreage for each land

2. Planning Guidance a. Conservation Planning Guidance July 2011 b. Conservation Plan Requirements Brochure July 2011 3. Standard Statements . I would like to present you with this Conservation Planning and Regulatory Compliance Handbook. While official policies and guidance are maintaine

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