Clean Water Act (CWA)

CWA Agricultural Exemptions and Associated NRCS Conservation Practice

StandardsNew England Farmers Union

December 12, 2014

Natural Resources Conservation Service (NRCS)

NRCS in a Nutshell

Our aim is to protect and enhance natural resources on private working lands

We administer and deliver numerous agriculture programs, including but not limited to “Farm Bill” programs, and– We provide technical and financial

assistance to producers to implement Conservation Practices to address identified resource concerns

– We and our customers need to be compliant with U.S., State, and Local Laws

Environmental Compliance NRCS completes an environmental evaluation

to ensure proposed agency actions are compliant with U.S. laws (National Environmental Protection Act, CWA, etc.)

NRCS does not apply for federal or state permits. Our clients are responsible for obtaining needed State and Federal permits.– NRCS strives to inform clients of potential

permit needs => Regulatory agencies make the actual permit determination, not NRCS

– NRCS will provide technical designs needed by regulatory agencies for permit issuance

CWA 404(f)(1)(A)Interpretive Rule

Effective April 3, 2014 All “normal farming” activities

remain exempted from permitting under section 404 and associated 401 permit requirements, but the IR specifically identifies 56 NRCS National Conservation Practices that enhance or protect water quality and exempts them from CWA permitting

All “Normal Farming” exemptions:

Apply to producers involved in NRCS Programs– e.g., Environmental Quality Incentives

Program, Conservation Technical Assistance Program

Apply to producers NOT involved with NRCS Programs

Are self-implementing– Producers/land owners do not need

notification, verification or documentation from the COE or EPA to ensure the activity is exempt

NRCS’ Role Regarding CWA IR Exempted Practices

NRCS Programs– NRCS will follow our normal planning

process– Note: NRCS could use the Conservation

Technical Assistance program to assist producers, but Farm Bill programs are our 1st priority. Workloads will determine NRCS involvement

Producers not in NRCS Programs– Producers will be directed to the

National Conservation Practices website

NRCS’ Role Regarding CWA (Cont.)

NRCS is NOT authorized to administer the CWA For Non-program Participants

– NRCS will NOT confirm or verify a practice is installed to needed criteria and specifications

– NRCS will NOT conduct field visits– We may be able to answer questions relative

to interpreting/understanding standards used in Maine

NRCS will NOT discuss client-specific issues with EPA or COE without a release of information form signed by the producer

Anatomy of a Conservation Practice

NRCS State Standards, Specification Guides & Other

Technical Resources

Thank You!Questions?

Jeff Norment, BiologistUSDA-NRCS

207-990-9100 Ext #3

New England Farmers UnionDecember 12, 2014

Natural Resources Conservation Service