Interpretive Rule IR and Applicability of the Clean
Interpretive Rule (IR) and Applicability of the Clean Water Act, Section 404(f)(1)(A) Don Baloun Minnesota State Conservationist Natural Resources Conservation Service
OVERVIEW: ü EPA and U. S. Army Corps of Engineers (USACE) collaborated with USDA to identify conservation practices that occur in waters of the US and contribute to water quality improvements. ü USDA-NRCS and the agencies identified covered conservation practices.
OVERVIEW: ü The IR addresses section 404(f)(1)(A) of CWA…. . basically permitting requirements for discharges of dredged or fill material into the waters of U. S…. . including wetlands. ü USDA-NRCS conservation practice exemptions are often referred to as the “agricultural” or “normal farming” exemptions.
Why were not all NRCS conservation practices listed? ü Two Criteria: 1. Conservation practice could be applied in waters of US. 2. Conservation practice is designed to enhance and protect water quality. Note: There will be opportunities annually to change the list of exempt conservation practices.
How does a producer implement an exempt practice? ü The conservation practices are exempt when they are implemented in accordance with the NRCS technical standard (FOTG-Section IV. ) ü Not a requirement to contact a technical expert. ü Do not require notification or verification from NRCS. ü YOU only need to follow the NRCS conservation practice standard……. .
NRCS Mission Helping People Help the Land Voluntary – Incentive based conservation works!
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