CONSERVATION DISTRICTS
AND
208 WATER QUALITY MANAGEMENT
*NON-POINT SOURCE IDENTIFICATION AND ASSESSMENT
*SELECTION OF BEST MANAGEMENT PRACTICES
*MANAGEMENT AGENCIES
*REGULATORY PROGRAMS
BY
WILLIAM B, DAVEY
Prepared by the National Association of Conservation Districts
under Environmental Protection Agency Grant No. T90057401-0.
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208 WATER QUALITY PROJECT
NATIONAL ASSOCIATION OF CONSERVATION DISTRICTS
The National Association of Conservation Districts (NACD)
is a private, non-profit organization which represents the 3,000
soil and water and resource conservation districts and their
state associations in the 50 states, Puerto Rico, and the Virgin
Islands.
NACD and the U.S. Environmental Protection Agency joined
together in a cooperative project to foster close working
relationships between soil conservationists and water quality
officials in developing a program of non-point pollution control
that will be effective and acceptable to all concerned.
This publication was prepared as a part of NACD's 208
Water Quality Project.
David G. Unger—Executive Vice President
Robert E. Williams—Director of Special Projects
William B. Davey--Consultant
Mary Garner—Legal Counsel
Donna A. Fletcher—Editor
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FOREWORD
This publication was prepared by the National Association of
Conservation Districts (NACD) at the request of and under a grant from
the Environmental Protection Agency (EPA).
In published regulations and various other statements, EPA has
articulated its policy that existing local entities, such as conservation
districts, should play a leading role in helping to develop and implement
state and areawide water quality management plans.
Conservation districts have had nearly 40 years experience in
planning and carrying out land, water, and related resource programs.
They clearly are in a position to help with several key portions of the
"208" task that relate to non-point sources of pollution.
It was in this setting that EPA and NACD concluded that it would
be timely and mutually beneficial to develop a document to aid state and
areawide 208 planners, state soil conservation agencies, and conservation
districts address a variety of non-point source pollution concerns.
The establishment of effective 208/conservation district working
relationships would aid materially in developing and implementing sound
water quality management plans designed to reach the water quality
goals of the Federal Water Pollution Control Act Amendments of 1972.
David G. Unger
Executive Vice President
National Association of Conservation
Districts
Eckardt C. Beck
Deputy Assistant Administrator
for Water Planning and Standards
Environmental Protection Agency
m
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ACKNOWLEDGEMENTS
This document was prepared drawing on information supplied
by a variety of federal and state agencies; 208 planners; and many
associations, organizations, and individuals.
The assistance of all who contributed ideas and materials and
who aided in the review is gratefully acknowledged.
Especially helpful were the participants in a meeting held
in January, 1977, when the document was in the early draft stage.
Represented at this session were the American Forestry Association,
American National Cattlemens Association, Agricultural Research
Service, Agricultural Stabilization and Conservation Service, Asso-
ciation of State Soil Conservation Administrative Officers, Bureau
of Land Management, Environmental Protection Agency, Extension Service,
Florida Department of Environmental Regulation, Forest Service, League
of Women Voters, National Association of Counties, National Association
of Home Builders, National Forest Products Association, National League
of Cities, National Milk Producers Federation, Natural Resources Defense
Council, South Dakota Sixth District Planning Commission, Soil Conser-
vation Service, Texas State Soil and Water Conservation Board, and
Wisconsin Board of Soil and Water Conservation Districts.
IV
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SUMMARY
PURPOSE
This publication highlights potential conservation district involve-
ment in the preparation and implementation of state andareawide water
quality management plans developed pursuant to Section 208 of the Federal
Water Pollution Control Act Amendments of 1972 (P.L. 92-500). It is keyed
to the 16 required water quality management planning elements specified
in Environmental Protection Agency regulations (40 CFR Part 131.11,
elements (a) through (p)).
APPLICABILITY
The document is directed primarily to water quality planners, con-
servation districts, and state soil conservation agencies (boards, com-
missions, committees, councils, or equivalent). Those federal and state
agencies with whom conservation districts have cooperative working arrange-
ments as well as various public interest groups may also find the material
of interest.
STATE AND AREAWIDE HATER QUALITY MANAGEMENT PLANS
Section 208 has generated an intense and comprehensive planning effort
designed to help meet the objectives of P.L. 92-500. A key effort is the
preparation of water quality management plans which the Environmental Pro-
tection Agency indicates should be directed to meet two principal mandates
of the Act: (1) The determination of effluent limitations needed to meet
applicable water quality standards including the requirement to at least
maintain existing water quality (Section 303); and (2) Development of state
and areawide management programs to implement abatement measures for all
pollutant sources (Section 208).
The plans, covering both point and non-point source pollution together
with needed controls and implementing agency designations, are to be sub-
mitted to EPA for review and approval no later than November 1, 1978.
In its various issuances EPA has recognized that: (1) The basic
approach to non-point source pollution control is one of prevention, and
(2) Local entities such as conservation districts should assume a leading
role in planning and implementing the programs.
CONSERVATION DISTRICTS
Conservation districts are uniquely equipped to help plan, manage, and
implement portions of the state and areawide water quality management plans,
particularly those related to the non-point pollution source aspects of
erosion and sediment control, animal waste management (organics), and
irrigation water management (salts). Under their assigned responsibilities,
they have not only perfected working arrangements with a host of federal
and state agencies, institutions, and groups, but have developed a widespread
and effective delivery system as well.
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Conservation districts are legal subdivisions of state government,
responsible under state law for conservation work within their boundaries
just as townships and counties are responsible for roads and other services
and school districts are responsible for education. Boundaries are usually
drawn along county lines (including one or more counties). Some have
smaller areas or are organized along watershed lines.
Although provisions of the state laws vary, the purposes of districts
are similar everywhere: to focus attention on land, water, and related
resource problems; to develop programs to solve them; and to enlist and
coordinate help from all public and private sources that can contribute to
accomplishing the district goals.
In each state, assistance is provided to conservation districts by a
state soil conservation agency (board, commission, council, or committee).
This agency of state government is responsible for helping to organize
districts, coordinating their activities, providing them with financial
and other aid, and informing the public about the program.
Districts are managed by citizens who know local problems. In most
states, members of the governing body are called supervisors; in some
their title is director or commissioner. Usually, a district has from five
to seven officials. Often, several are elected and the others appointed
by the state agency. In other cases, they are all elected or appointed
through various procedures. Currently, about 17,000 men and women are
serving as district officials.
Operating funds are mostly drawn from local and state appropriations
and contributions of individuals and organizations. This money—currently
amounting to over $116 million each year—is used for administrative ex-
penses, educational programs, local shares of cooperative projects, and
acceleration of soil and other resource surveys.
Districts work in two ways to carry out their program responsibilities.
First, they give expert assistance to individual landowners, groups, and
units of government in planning and installing scientific land and water
protection systems; and second, they initiate and carry out community-wide
programs where required.
While some districts have their own technicians, they also rely
on the personnel and facilities of several federal and state agencies for
trained manpower. Many federal agencies cooperate with districts, including
the Agricultural Research Service, Agricultural Stabilization and Conser-
vation Service, Bureau of Land Management, Corps of Engineers, Extension
Service, Fish and Wildlife Service, Forest Service, Soil Conservation Service,
and others. Districts also work with many state departments such as forestry,
agriculture, recreation, highways, education, fish and game, health, and
commerce; and the land grant universities.
Districts retain local direction and control over their programs through
written memorandums of understanding with their cooperating agencies which
spell out working relationships and how each partner will function.
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SCOPE
The Introduction outlines the purpose, applicability, and scope of
the publication. In addition, the basic authorities and responsibilities
relating to Section 208 and conservation districts are discussed and an
overview chart depicting conservation district program applicability to
non-point pollution source categories and associated pollutants is included.
Chapter One describes conservation district programs for water quality
management. It is designed to better acquaint water quality planners with
district activities in this field and with the relationships between relevant
resource information, technical materials, and operating procedures
and the 208 water quality management planning effort.
A series of tables show district program coverage by kinds and sources
of pollutants along with the applicable soil and water conservation measures
and their contribution to pollution abatement. The tables include information
for sediment, plant nutrient, organic waste, mineral salt, toxic substance,
disease organism, plant, animal pest, landscape, heat, and air pollutants.
Conservation district/cooperating agency working arrangements are
covered and examples given. The major district program components of
research, education, technical assistance, cost sharing, and credit are
presented with brief descriptions of the agency activities associated with
each component.
Certain technical assistance features of three cooperating federal
agencies (Soil Conservation Service, Forest Service, Bureau of Land
Management) are discussed in some detail. Included are examples of the
technical guides and standards, resource information, practice standards
and specifications, and planning and application assistance available through
conservation districts. These materials along with the associated operating
procedures provide a direct linkage to a number of the 208 non-point source
pollution tasks, including problem identification, evaluation and assessment,
identification and selection of best management practices, control needs,
and implementation.
Chapters_J_wg_through Seventeen_focus on the 16 required water quality
management planning elements (40 CFR Part 131.11 (a) through, (p)) presenting
potential conservation district involvement in each. Special emphasis is
placed on those elements in which conservation districts are in a position
to play a major role.
Chapter Five—Element (d)--Non-Point Source Assessment. A section on problem
identification is presented along with a discussion of kinds and
sources of pollutants (photo examples), inventory and evaluation
indicators, applicable resource information, and quantification/
assessment procedures and data.
Chapter Eleven—Element (j)--Non-Point Source Control Needs. This chapter
contains a discussion of best management practices (with photo examples)
and sections on their identification and quantification. Also presented
is information on evaluations including measures applied, time required
to achieve controls, incentives/disincentives, and cost/benefit considerations,
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Chapter Fourteen—Element (m)--Target Abatement Dates. Discussions
concerning establishing and achieving target abatement dates is
the subject of this chapter.
Chapter Fifteen—Element (n)--Regulatory Programs. Alternative non-point
source program structures are discussed in this chapter, centering
on (a) a voluntary program and (b) a regulatory program containing
a suggested framework structure and possible program variations
and standards.
Chapter Sixteen—Element (o)--Management Agencies. Conservation district
capabilities for implementing portions of the state and areawide
water quality management plans are highlighted in this chapter.
Lastly, Chapter Eighteen presents a framework guide for developing
a non-point source pollution control program for sediment, organic (animal
waste), and mineral salt (irrigation) pollutants. A task force approach
is suggested including step-by-step procedures for both state and local
levels. Items to be considered are covered and suggested procedures are
shown from the initial work through pronram formulation and implementation
efforts.
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CONTENTS
PAGE
Foreword iii
Acknowledgements iv
Summary v
List of Tables and Charts — xi
List of Appendix Materials --- xii
INTRODUCTION - - - 1
Purpose - 1
Applicability 1
Scope 2
Basic 208 Authorities and Responsibilities - 2
Basic Conservation District Authorities and Responsibilities 5
Conservation District Programs/Non-Point Source Category
Relationships 6
CHAPTER ONE
CONSERVATION DISTRICT PROGRAMS FOR WATER QUALITY MANAGEMENT 9
Introduction 9
Conservation District Program Coverage by Kinds and
Sources of Pollution 9
Conservation District Operations 24
Working Arrangements 24
Major Program Components 24
Technical Assistance- 33
U.S. Soil Conservation Service 33
U.S. Forest Service/State Forestry Agencies 47
Bureau of Land Management 49
Coordinated Planning 52
Exhibits — 53
CHAPTER TWO
PLANNING BOUNDARIES 59
CHAPTER THREE
WATER QUALITY ASSESSMENT AND SEGMENT CLASSIFICATION 61
CHAPTER FOUR
INVENTORIES AND PROJECTIONS 63
CHAPTER FIVE
NON-POINT SOURCE ASSESSMENT 65
Introduction 65
Source Categorization 66
Non-Point Source Problem Identification 66
Kinds and Sources of Non-Point Source Pollutants 66
Inventory and Evaluation Indicators 67
Resource Information 67
Quantification/Assessment 70
Figures 1-11: Examples of Problem Areas 71
CHAPTER SIX
WATER QUALITY STANDARDS 83
CHAPTER SEVEN
TOTAL MAXIMUM DAILY LOADS 85
ix
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PAGE
CHAPTER EIGHT
POINT SOURCE LOAD ALLOCATIONS --- 87
CHAPTER NINE
MUNICIPAL WASTE TREATMENT SYSTEMS NEEDS 89
CHAPTER TEN
INDUSTRIAL WASTE TREATMENT SYSTEMS NEEDS 91
CHAPTER ELEVEN
NON-POINT SOURCE CONTROL NEEDS— 93
Introduction to Conservation District Involvement - 93
Best Management Practices 94
Introduction 94
Discussion -- 95
General Criteria for Choosing Best Management Practices-- 96
Control Needs (Best Management Practices) 101
Identification 101
Quantification -101
Evaluation 105
Best Management Practices Handbook 112
Figures 12-29: Examples of Best Management Practices 113
CHAPTER TWELVE
RESIDUAL WASTE CONTROL; LAND DISPOSAL NEEDS 133
CHAPTER THIRTEEN
URBAN AND INDUSTRIAL STORMWATER SYSTEMS NEEDS 135
CHAPTER FOURTEEN
TARGET ABATEMENT DATES 137
CHAPTER FIFTEEN
REGULATORY PROGRAMS 139
Introduction 139
Non-Point Source Program Structure 144
Introduction 144
Voluntary Program 145
Regulatory Program 145
CHAPTER SIXTEEN
MANAGEMENT AGENCIES 157
Introduction 157
District Involvement 157
CHAPTER SEVENTEEN
ENVIRONMENTAL, SOCIAL, ECONOMIC IMPACT 159
CHAPTER EIGHTEEN
FRAMEWORK GUIDE FOR DEVELOPING A NON-POINT POLLUTION
CONTROL PROGRAM 161
Foreword 162
Basic Program Approach 163
Major Elements of a Voluntary Program 163
Major Elements of a Regulatory Program 163
Overview of Sequence of Events 164
Procedures 165
APPENDICES 177
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LIST OF TABLES AND CHARTS
PAGE
Table 1-1 Conservation District and Non-Point Source
Categories and Associated Pollutants 7
Table 1-1 Conservation District and Sediment Pollutants 11
Table 1-2 Conservation Districts and Plant Nutrient and
Organic Waste Pollutants 12
Table 1-3 Conservation Districts and Mineral Salt Pollut-
tants 14
Table 1-4 Conservation Districts and Toxic Substance
Pollutants 16
Table 1-5 Conservation Districts and Disease Organism
Pollutants 18
Table 1-6 Conservation Districts and Pollutants from
Plant or Animal Pests 19
Table 1-7 Conservation Districts and Landscape Pollutants 20
Table 1-8 Conservation Districts and Heat Pollutants 22
Table 1-9 Conservation Districts and Air Pollutants 23
Table 1-10 Principal Sources of Federal Assistance to
Conservation Districts by Functions 25
Table 1-11 Principal Sources of State Assistance to
Conservation Districts by Functions 26
Table 1-12 Conservation Practices, Index 44
Table 5-1 Guide to Non-Point Source Inventory and Evalua-
tion 68
Table 11-1 Examples of Best Management Practices 99
Table 15-1 State Erosion and Sediment Control Legislation 141
Table 15-2 Summary of Principal Provisions of State Laws
Providing for Erosion and Sediment Control 142
Chart 15-1 Maryland Sediment Control Program
Roles of State, Local, and Federal Agencies 149
Chart 15-2 Virginia Sediment Control Program
Roles of State, Local, and Federal Agencies 150
Chart 15-3 Iowa Sediment Control Program
Roles of State, Local, and Federal Agencies 151
Chart 15-4 Montana Sediment Control Program
Roles of State, Local, and Federal Agencies 152
Chart 15-5 Pennsylvania Sediment Control Program
Roles of State, Local, and Federal Agencies 153
Chart 15-6 Ohio Sediment Control Program
Roles of State, Local, and Federal Agencies 154
Table 16-1 Alternate Levels of Responsibility 155
XI
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LIST OF APPENDIX MATERIALS
PAGE
APPENDIX 1-1 177
Environmental Protection Agency Regulations
Part ISO—Policies and Procedures for Continuing
Planning Process 177
Part 131--Preparation of Water Quality Management Plans—186
Part 35--State and Local Assistance 193
APPENDIX 1-2
Citations to State Conservation District Laws 199
APPENDIX 1-1
Examples of Memorandums of Understanding with Conservation
Districts 203
U.S. Department of Agriculture 204
Agricultural Stabilization and Conservation Service 207
Soil Conservation Service 210
U.S. Department of the Interior 212
U.S. Army Corps of Engineers 214
State Forestry Agency 216
State Fish and Wildlife Agency 217
APPENDIX 1-2
Examples of Resource Management Systems 219
Cropland 220
Irrigated Cropland 222
Pastureland 224
Native Grazing Land 226
Woodland 228
Urbanizing Land 230
Surface Mine Areas 232
Waste Utilization and Disposal 234
APPENDIX l-3a
Examples of Soil Conservation Service National Practice Standards---235
Critical Area Planting 236
Debris Basin 237
Planned Grazing Systems 238
Terrace, Gradient 239
Tree Planting 240
APPENDIX l-3b
Examples of Technical Standards and Specifications 241
Critical Area Planting—- 242
Contour Farming 251
Debris Basin 253
Conservation Cropping System 255
Disposal Lagoon 257
APPENDIX 1-4
Sample Conservation Plans 269
Developing Area 270
Individual Cooperator 274
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PAGE
APPENDIX 1-5
U.S. Forest Service Erosion Control Guidelines 285
Vegetation Establishment and Erosion Control on
Management and Construction Projects 286
Specifications for Watercourse Buffer Strips 289
Timber Management 291
APPENDIX 1-6
Bureau of Land Management Sample Standards and Specifications--293
Fence Materials 294
Fence Construction 296
Dike Construction 297
Pit Reservoir Construction 298
Well Construction 299
APPENDIX 11-1
Best Management Practices by Source Category 301
Agricultural Non-Point Sources 302
Silvicultural Non-Point Sources 308
Mining Non-Point Sources 314
Construction Non-Point Sources 321
Urban Runoff 327
Hydrologic Modifications 332
Residual Wastes 338
APPENDIX 11-2
Best Management Practices Selection by Source Category 345
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INTRODUCTION
PURPOSE
The purpose of this publication is to show potential conservation
district involvement in the preparation and implementation of state
and areawide water quality management plans developed pursuant to Section
208 of the Federal Water Pollution Control Act Amendments of 1972
(P.L. 92-500).
The publication emphasizes the non-point pollution source aspects of
erosion and sediment control, animal waste management (organics), and
irrigation water management (salts), but other information is included
concerning the preparation of management plans which EPA indicates should
be directed to meet two principal mandates of the Act: (1) The determina-
tion of effluent limitations needed to meet applicable water quality
standards including the requirement to at least maintain existing water
quality (Section 303); and (2) Development of state and areawide management
programs to implement abatement measures for all pollutant sources (Section
208).
The information contained in this publication is simply descriptive
of conservation district capabilities and the potential participation of
conservation districts in water quality management planning and implementation.
It is recognized that in some states and areas water quality management
planning efforts may be relatively well advanced, with work completed or
underway beyond some of the suggestions and discussions contained in this
document. Many of the suggestions in this publication reflect experiences
of planning agenices and conservation districts in such areas. No "back-up"
or "redirection" is implied or should be construed.
APPLICABILITY
This publication is directed primarily to state or areawide agencies
responsible for developing state water quality management plans, to state
soil conservation agencies, and to conservation districts.
Since states may delegate their responsibilities for developing and
implementing parts of their water programs to local, regional, sub-state,
interstate, and federal agencies, this document may also be useful to these
entities. In addition, those federal, state, local, and other agencies
with whom conservation districts have working arrangements may find
this material of interest.
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SCOPE
Final regulations were issued by the U.S. Environmental Protection
Agency on November 29, 1975 (Federal Register, Vol. 40, No. 230),
specifying procedural and other requirements for the preparation of water
quality management plans to be developed by state and designated areawide
planning agencies pursuant to Section 208 of P.L. 92-500. Subpart B of
Part 131 of the regulations describes the required content of water quality
management plans and lists 16 required planning elements to which this
document is keyed. The plans, covering both point and non-point source
pollution together with needed controls and implementing agency designations,
are to be submitted to the Environmental Protection Agency for review and
approval no later than November 1, 1978.
Chapter One is designed to better acquaint water quality planners
and others with conservation district activities in water quality manage-
ment. A discussion of relevant resource information, technical materials,
and operating procedures is also included.
Chapters Two through Seventeen focus on the required planning elements
[Part 131.11 (a) through (p)] presenting the potential involvement of
conservation districts in each element. Data sources, methodology, and other
materials are included.
Chapter Eighteen, the final chapter, presents a framework guide for
developing a non-point source pollution control program for sediments,
organics (animal wastes), and salts (irrigation).
As a convenience to users of this document, the Federal Register notice
concerning Parts 130 and 131 is included as Appendix 1-1.
BASIC 208 AUTHORITIES AND RESPONSIBILITIES
The overall objective of the Federal Water Pollution Control Act
Amendments of 1972 is to "restore and maintain the chemical, physical,
and biological integrity of the Nation's waters" [Section 101 (a)]. The
Act further states: "It is the national goal that wherever attainable,
an interim goal of water quality which provides for the protection and
propagation of fish, shellfish, and wildlife and provides for recreation in
and on the water be achieved by July 1 1983" [Section 101 (a)(2)].
As a means of meeting these objectives, the Act states. "It is the
national policy that areawide waste treatment management processes be developed
and implemented to assure adequate control of sources of pollutants in each
State" [Section 101 (a) (5)].
Section 208, which interfaces with a number of other sections of the
Act (notably Sections 201, 303, and 402), is one of the basic tools in
achieving the Act's objectives by providing a process mechanism for planning,
implementing, and coordinating the various point and non-point source pollution
controls.
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The regulations contained in 40 CFR Parts 130 and 131 set forth
the requirements for the development of the state continuing planning
process and preparation of state and areawide water quality management
plans. Recent revisions of these regulations reflect the increasing emphasis
on management of non-point sources and serve to clarify the state planning
responsibilities under Section 208 as well as Section 303 of the Act.
The broad goals of the continuing planning process are to assure that
the necessary institutional arrangements and management programs are
established to make and implement coordinated decisions designed to
achieve water quality goals and standards; to develop a statewide (state and
areawide) water quality assessment; establish water quality goals and
state water quality standards which take into account overall state and local
policies and programs, including those for land use and other related
natural resources; and to provide the strategic guidance for developing the
annual state program submittal under Section 106 of the Act. Specific out-
puts of the continuing planning process are the state strategy, the state/EPA
agreement on timing and level of detail, the annual state program plan,
and individual state and areawide water quality management plans.
The state strategy is to set major objectives and priorities for
preventing and controlling pollution over a five-year period. The strategy
will be annually reviewed and revised where necessary. The state/EPA
agreement on timing and level of detail will serve as a generalized work
plan to schedule planning efforts and focus these efforts on areas where
water quality problems exist. The revised regulations provide for state
adoption of functionally discrete portions of the state water quality
management plans as each portion is completed. Thus, the state/EPA
agreement will schedule the tasks necessary to expand Phase I basin plans
to Phase II state and areawide water quality management plans to provide
for meeting the 1983 goals of the Act. The initial state/EPA agreement
for Phase II plans is to be completed within 150 days of promulgation of
the final amendments to the regulations (April 26, 1976). All initial
Phase II plans are to be completed by November 1, 1978.
The annual state program establishes the program objectives, identifies
the resources committed for the state program each year, and establishes
a mechanism for reporting progress toward achievement of program objectives.
State and areawide water quality management plans form a basis for
implementing applicable point and non-point source controls needed to
achieve the requirements of the Act. These plans consist of the following
elements:
(a) Planning boundaries
(b) Water quality assessment and segment classification
(c) Inventories and projections
(d) Non-point source assessment
(e) Water quality standards
(f) Total maximum daily loads
(g) Point source load allocations
(h) Municipal waste treatment system needs
(i) Industrial waste treatment system needs
(j) Non-point source control needs
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(k) Residual waste control needs; land disposal needs
(1) Urban and industrial stormwater needs
(m) Target abatement dates
(n) Regulatory programs
(o) Management agencies
(p) Environmental, social, economic impact
Planning areas may be defined on a statewide, basin, sub-basin or
political jurisdiction basis and are normally subdivided into segments which
are geographically discrete portions of water bodies. The water quality
condition of each segment will be assessed. Segments will be classified
as effluent limited if water quality standards will be met with the applica-
tion of the effluent limitations required by Section 301 (b) (2) (A) and
(B) of the Act. All other segments are to be classified as water quality
segments.
A ranking of all municipal point source dischargers is required and
is to be used to develop the municipal facilities project priority list.
This will focus attention on the most serious municipal point source
problems in each planning area. Demographic, economic, land use, and
wasteload projections are to be used to predict potential problem areas
over the 20-year planning period. An assessment of all non-point sources
by category is required throughout the state. Planning for non-point
source controls is not required for specific areas where the state can
certify that a particular non-point source category does not contribute to
water quality degradation.
During Phase II planning, water quality standards will be revised
to reflect the 1983 goals of the Act. A method for implementing the state
antidegradation policy will be required. Water quality standards revisions
must be completed by July 1, 1977, to provide appropriate water quality
objectives for planning and implementation of other program elements.
A total maximum daily load is to be established for each pollutant
violating water quality criteria values in each water quality segment
(including a safety factor to cover uncertainties in the process). Portions
of these maximum daily loads will be allocated to point source dischargers
and regulated through the National Pollutant Discharge Elimination System
(NPDES) permit system. In the case of non-point sources an effort will be
made to develop the appropriate level of reduction from non-point source
contributors and to establish and apply best management practices to effect
this reduction.
Each state water quality management plan must identify the necessary
controls and costs relating to municipal and industrial point sources,
non-point sources, residual wastes, land disposal, and urban and industrial
stormwater sources. Schedules of compliance or target dates of abatement
must be established for each pollutant source or category of sources.
Appropriate regulatory programs must be identified and implementing
and operating agencies must be established to ensure that all portions
of the plan are carried out. The plan must also include an assessment of
the social, economic, and environmental impacts of carrying out the plan.
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In its November 1976 Guidelines for State and Areawide Program
Development, the Environmental Protection Agency points out that the
sixteen required elements of the plans listed above form two major
program components: analysis (elements a-g) and action (elements h-p).
In addition an impact evaluation is required (element p). It should be
noted that non-point source pollution concerns are an integral part of
the two major program components. Thus, analyses and evaluations of
these sources are involved as well as determining control needs and
providing for implementation.
The recognized non-point pollution source categories include:
Agricultural Activities
SiIvicultural Activities
Mining Activities
Construction Activities
Urban Runoff
Hydrologic Modifications
Sources Affecting Groundwater
Residual Waste Disposal
BASIC CONSERVATION DISTRICT AUTHORITIES AND RESPONSIBILITIES
Conservation districts are legal subdivisions of state government,
responsible under state law for conservation work within their boundaries
just as townships and counties are responsible for roads and other services
and school districts are responsible for education. About 3,000 conservation
districts cover virtually all of the privately-owned land in the nation.
In some states, districts encompass rural areas only, but in most states,
both rural and urban lands are included. District boundaries are usually
drawn along county lines (including one or more counties). Some have small
areas or are organized along watershed lines.
Although provisions of the state laws vary, the purposes of districts
are similar everywhere: to focus attention on land, water, and related
resource problems; to develop programs to solve them; and to enlist and
coordinate help form all public and private sources that can contribute
towards accomplishing the district's goals.
In each state, assistance is provided to conservation districts by
a state soil conservation agency (known as commission, council, board,
or committee). This agency of state government is responsible for helping
to organize districts, coordinating their activities, providing them with
financial and other aid, and informing the public about the program.
Districts are managed by citizens who know local problems. In most
states, members of the governing body are called supervisors; in some
their title is director or commissioner. Usually, a district has from
five to seven officials. Often, several are elected and the others
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appointed by the state agency. In other cases, they are all elected or
appointed through various procedures. Currently, about 17,000 men and
women are serving as district officials.
The responsibility of district officials is to plan and direct the
program, obtain assistance, coordinate the help of government agencies,
assign priority to resource development tasks, and serve as a community
clearinghouse for information and services.
In every district, the officials inventory resource needs and
problems and, using public and private assistance, analyze agricultural,
economic, and other trends. This inventory forms the basis for a long
range plan of action that records the facts about local resources and out-
lines what must be done to correct problems and develop resources for wider
and better use.
To meet these goals, districts work in two ways: first, they give
expert assistance to individual landowners in planning and installing
scientific land use systems; and second, they inititate and carry out
community-wide programs where required. Districts also participate actively
in group projects and regional resource development programs that benefit
citizens in widespread areas. These include watershed projects, economic
development projects, river basin development, comprehensive planning,
and environmental improvement programs.
While some districts have their own technicans, they also rely on
the personnel and facilities of several federal and state agencies
for trained manpower. Many federal agencies provide services, including
resource-oriented agencies of the U.S. Departments of Agriculture and
Interior and others.
Also working with districts are many state departments such as forestry,
agriculture, recreation, highways, education, fish and game, health, and
commerce and the land grant universities.
Districts retain local direction and control over their programs through
written memorandums of understanding with their cooperating agencies which
spell out working relatinships and how each partner will function.
A list of citations to state conservation district laws is contained
in Appendix 1-2.
CONSERVATION DISTRICT PROGRAMS/NON-POINT SOURCE CATEGORY
RELATIONSHIPS
An overview of conservation district program coverage by non-point
source pollution categories and associated pollutants is shown in
Table 1-1. An "x" in the pollutant columns indicates those pollutants
normally associated with the source category. District program applicability
is indicated by footnotes.
Sepcific program applicability is covered in other chapters of
this publication.
-6-
-------
Table 1-1
Conservation Districts
and Non-Point Pollution Source Categories and Associated Pollutants
SOURCE CATEGORY
Agriculture
Silviculture
Mining
Construction
Urban Runoff
Hydrologic Modifications
Residual Wastes
X1
xl
xl
X1
X1
X1
xl
X2ab
X2ab
X2a
x2a
X2a
x2a
X2ab
X2b
X
X
X
X
xl
X
X
X
X
xl
X
X2a
X
X
X
X
X
X
X
X
X
X
X
X2a
X2a
X
X
X
X
X
X
Conservation district program directly applicable to control of pollutant
^Conservation district program applicable to control of pollutant by:
a. Reducing transport of pollutant attached to sediments or by
other reduction techniques.
b. Providing advice and counsel on use and application
Source: Adapted from EPA Source Category BMP Papers, Supplement No.l,
Guidelines for State and Areawide Water Quality Management Program
Development, November 1976.
-7-
-------
CHAPTER ONE
CONSERVATION DISTRICT PROGRAMS FOR WATER QUALITY MANAGEMENT
INTRODUCTION
This chapter is designed to better acquaint water quality planners
and others with the activities of conservation districts in the water
quality management field.
Included is a section on district program coverage by kinds and
sources of pollution and the general types and degrees of assistance
districts provide for each. Another section deals with district operations,
covering district working arrangements which provide trained manpower, the
technical guides undergirding the programs, and the service delivery aspects
of conservation planning and application of conservation measures on the land.
An understanding of conservation district program coverage and the
associated technical resource materials is particularly relevant to a number
of jobs associated with the 208 effort. There is a direct link to many of
the required 208 water quality management planning elements including
inventories, assessments, problem identification, control needs, best manage-
ment practices selection, and implementing agency considerations.
CONSERVATION DISTRICT PROGRAM COVERAGE
BY KINDS AND SOURCES OF POLLUTANTS
The principal types of assistance available through conservation
districts and their cooperating agencies for measures to reduce pollution
are shown in Tables 1-1 to 1-9. The tables are adapted from USDA Soil
Conservation Service materials.
Each table includes a brief description of a specific category of
pollution and lists the kinds and sources of the pollutants, the soil and
water conservation measures which control or reduce the pollution, and the
general contribution of these measures to pollution abatement. These soil
and water conservation measures, singly or in combination, often constitute
best management practices for dealing with the following pollutant categories
shown in the tables:
Sediment Pollutants
Plant Nutrient and Organic Waste Pollutants
Mineral Salt Pollutants
Toxic Substance Pollutants
Disease Organism Pollutants
Plant or Animal Pest Pollutants
Landscape Pollutants
Heat Pollutants
Air Pollutants
-9-
-------
It is recognized that there may be many measures other than those
listed in the tables which can be used to abate pollution. The measures
included are those which will conserve or develop a soil, water, or related
resource.
Except as otherwise noted on Tables 1-1 to 1-9, conservation district
assistance for these soil and water conservation measures affecting the con-
trol of pollution includes the following major elements:
Public Information and Education Assistance: Informing and educating
the public about resource management through the media, schools,
civic forums, and other organizations.
Inventory and Evaluation Assistance: Providing basic inventory data
such as soil surveys, hydrologic data, vegetative information, and
other technical data and interpretations and evaluations of these
data.
Plannning Assistance: Providing technical assistance to land users
in determining alternative land uses and treatment needs and assisting
in development of a conservation plan reflecting the specific land use
and treatment decisions.
Application Assistance: Providing technical assistance to cooperating
land users to help them install planned conservation practices which
include engineering and vegetative measures. Assistance may include
site investigations, designs and specifications, construction plans,
layout of practices, and supervision of installation.
-10-
-------
Table 1-1
CONSERVATION DISTRICTS AND SEDIMENT POLLUTANTS
Sediment is a pollutant affecting land, water, and air. In water, either in transport
or in deposit, it damages aquatic habitat by smothering and shading food organisms,
carries plant nutrients and toxic materials, destroys wildlife habitat, increases
water treatment costs, and abrades and clogs water transport installations. Deposited
on land, it poses a cleanup cost, damages buildings and equipment, and may lower soil
productivity.
KINDS AND SOURCES OF
SEDIMENT POLLUTANTS
SOIL AND WATER CONSERVATION
MEASURES
CONTRIBUTION TO
POLLUTION ABATEMENT
Sheet, rill and gully
erosion and landslides
from farmland, range-
land, forests, and
other lands.
Airborne soil particles
Erosion from construc-
tion site soil distur-
bances
ments
Suburban develop-
Industrial develop-
ments
Utility routes
Structural works of
improvement
Roads, trails, highways,
railroads, airports
Stream channels, lake-
shores
Mined areas, mine
dumps
Other erosion sources
Floodwater-borne sediment
Sediment can be controlled
by preventing water erosion
and soil blowing, through:
1. Proper land use
2. Erosion Control measures
on:
a. Farmland, rangeland,
forests, stream channels,
lakeshores, mined areas,
mine dumps, etc.(e.g.
through land treatment
such as strip-cropping,
windbreaks, shelterbelts,
cover crops, vegetation,
debris basins, irrigation,
ditch and canal linings,
terraces, grade stabiliza-
tion structures, diversions,
proper range management,
etc.)
b. Construction site
disturbances such as roads,
trails, highways, railroads,
airports, suburban develop-
ments, utility routes, com-
munity facility development
and other structural works
of improvement.
3. Good irrigation water
management practices
4. Water management measures
on streams (e.g. floodwater
retarding dams and sediment
traps)
1 & 2. All soil and wat-
er conservation measures
in these categories pro-
vide tangible pollution
abatement benefit by
reducing sediment produc-
tion and movement
3. Reduce sediment move-
ment by conveying and
distributing irrigation
water at nonerosive
velocities.
4. Reduce sediment move-
ment by trapping it in
storage basins
-n-
-------
Table 1-2
CONSERVATION DISTRICTS AND PLANT NUTRIENT AND ORGANIC WASTE POLLUTANTS
Plant nutrients are elements essential for plant growth. However, excessive amounts
of nitrogen, phosphorus, or organic carbon are generally believed to be the main
causes of overenrichment of streams and lakes, resulting in excessive growth of
algae and aquatic plants. Water quality eventually deteriorates from lack of
oxygen and putrefaction. Nitrogen and phosphorus occur in solution primarily as
nitrates, phosphates, and organic compounds. High nitrates in drinking water may
be hazardous to humans and animals. Animal wastes and plant residues are sources of
organic compounds. Excessive amounts of these organics in water, causing discoloration
and affecting taste and odor, degrade water quality.
KINDS AND SOURCES OF PLANT
NUTRIENT AND ORGANIC WASTE
POLLUTANTS
SOIL AND WATER CONSERVATION
MEASURES
CONTRIBUTION TO
POLLUTION ABATEMENT
Fertilizers and soil amend-
ments
Organic wastes
Livestock
Feedlots, corrals
Dairy farms and milk
houses
Hog farms
Poultry farms
Crop residues
Crop and livestock
processing wastes
Wood products wastes
Domestic sewage treat-
ment plant effluent and
sludge
Humates from plant
litter, peat and marsh-
land
Plant nutrients and/or organic
waste pollutants may be control-
led or abated by such measures
as:
1. Proper fertilization
practices
2. Irrigation water manage-
ment
3. Irrigation system, tail-
water
4. Collection, disposal,
and treatment of crude organic
wastes
a. Use as fertilizers and
soil amendments including irri-
gation with enriched effluent
b. Debris basins or other
catchment devices
c. Water control mea-
sures (diversions, drains,
spreading)
1. Less fertilizer is
carried into streams by
surface runoff
2. Proper design and
operation reduces surface
runoff and associated
pollutants
3. Maximum reuse of
irrigation tailwater re-
duces contamination of
other supplies
4.a Use of soil and plants
for utilization of waste
b. Reduce discharge
of pollutants into
surface waters
c. Divert pollutants
to points of safe storage
treatment, or infiltration
d. Lagoons, holding ponds, d. Reduce discharge
and agricultural waste storage of pollutants into sur-
and management facilities for
livestock and other agri-
culture-related wastes (includ-
ing measures for spreading
effluent on the land)
face and ground waste and
into the atmosphere
-12-
-------
Table 1-2 cont'd
KINDS AND SOURCES OF PLANT
NUTRIENT AND ORGANIC WASTE
POLLUTANTS
SOIL AND WATER CONSERVATION
MEASURES
CONTRIBUTION TO
POLLUTION ABATEMENT
e. Lagoons for non-agri-
cultural related wastes
f. Sanitary landfills
g. Septic tank absorption
fields for domestic sewage
h. Proper grazing use
and planned grazing systems.
5. Low-flow releases from
impoundments
6. Conservation cropping
system
7. Proper location of spread-
ing treatment, and disposal
areas with respect to water
supplies, residences, etc.
8. Erosion control, grass
borders, etc.
e. Reduce discharge
of pollutants into ,
surface and ground waters
and into the atmosphere
f. Reduce unsightly
conditions and surface
and ground water pollu-
tion
g. Reduce surface
and ground water pollu-
tion
h. Recycle animal
wastes through grass-
land ecosystems
5. Increase oxygen sup-
ply, maintain aquatic
environment
6. Increases infiltra-
tion; reduces discharge
of nutrients
7. Safeguards water sup-
ply
Improves environment
8. Reduce erosion run-
off and movement of pollu-
tants
-13-
-------
Table 1-3
CONSERVATION DISTRICTS AND MINERAL SALT POLLUTANTS
All natural waters contain some dissolved salts. .These salts become objectionable
when they occur in concentrations large enough to-be corrosive, directly toxic
to plants and animals or interfere with plant nutrition and metabolism, thereby
impairing growth. Elements such as sodium, potassium, calcium, magnesium, aluminum,
and iron my occur in water as sulfates, hydroxides, carbonates, bicarbonates,
nitrates, chlorides, and borates. They damage aquatic habitat; and they increase
water treatment costs and make water unusable for many purposes. They also may
accumulate from improper water management and evaporation on irrigated soil and
depress crop production.
KINDS AND SOURCES OF
MINERAL SALT POLLUTANTS
SOIL & WATER CONSERVATION
MEASURES
CONTRIBUTION TO
POLLUTION ABATEMENT
Leachates from saline
soils (irrigation
return flows)
Garbage and refuse accumu-
lations and related oil
and chemical wastes
Industrial wastes
Construction materials
(concrete, metal)
Road chemicals (deicing,
dust laying)
Saline springs and wells
Mine drainage
5.
1.
2.
Mineral salt pollution can
be controlled or abated by
the following soil and water
conservation measures or
techniques:
1. Improved irrigation
practices
2. Evaporaton beds and
transpiration areas
a. Saline springs, mine
drainage
b. Industrial wastes,
construction materials,
road chemicals
Safe infiltration disposal 3.
area away from streams
a. Saline springs, mine
drainage
b. Industrial wastes, con-
struction materials,
road chemicals
4. Burial (landfill)
a. Garbage and refuse
accumulations
4.
b. Industrial wastes
Capping and
wells
-14-
plugging unused 5.
Reduce discharges
of mineral pollu-
tantsinto surface
water.
Reduce discharges
of mineral pollu-
tants into surface
water.
Reduce discharges
of mineral pollu-
tants into surface
water
Permits safe dispo-
sal of these pollu-
tants under certain
soil conditions
Reduce pollutants
that may reach
ground water aquifers
or adversely affect
land and streams
-------
Table 1-3 cont'd
KINDS AND SOURCES OF SOIL & WATER CONSERVATION CONTRIBUTION TO
MINERAL SALT POLLUTANTS MEASURES POLLUTION ABATEMENT
6. Low-flow releases 6. Reduce concentra-
tions of mineral
salts in water
reaching downstream
points.
7. Use of salt tolerant 7. Results in additional
plants vegetation
-15-
-------
Table 1-4
CONSERVATION DISTRICTS AND TOXIC SUBSTANCE POLLUTANTS
Toxic materials are poisons which when improperly used may pollute air, water,
and soil and adversely affect the quality of the environment. They may be in gas,
liquid, or solid form.
KINDS AND SOURCES OF
TOXIC SUBSTANCE POLLUTANTS
TECHNIQUES INVOLVED IN THE
USE OF TOXIC SUBSTANCES
CONTRIBUTION TO
POLLUTION ABATEMENT
Toxic substances require
special techniques in
detection, use, and disposal,
according to the nature of the
substance and its possible
impact on the environment.
The following items point out
the important factors in
using toxic materials.
Pesticides, including
herbicides, fungicides,
insecticides, rodenticides,
etc.
Paints, cleaners, oil,
and grease
Accidental spills of
industrial materials
Factory wastes and residues
1. Pesticides require:
a. Careful application
as to amounts and area in
accordance with limitations
stated on the label
b. Protection of equipment
operators
c. Neutralization, deactiva-
tion, and cleanup of spills
d. Care in cleaning application
equipment
e. Adequate safe disposal of
containers
f. Safe storage and transport
to avoid accidents
1. Prevent or reduce
pollution from toxic
materials
2. Paints, cleaners, oil and
greases require:
a. Control of drainage
from treated surfaces
b. Cleanup of spills,
neutralization
3. Radioactive substances
require :
a. Detection or monitoring
b. Special decontamination
procedures
-16-
2. Prevent or reduce
pollution from toxic
materials
3. Prevent or reduce
pollution from toxic
materials
-------
Table 1-4 cont'd
KINDS AND SOURCES OF
TOXIC SUBSTANCE POLLUTANTS
TECHNIQUES INVOLVED IN THE
USE OF TOXIC SUBSTANCES
CONTRIBUTION TO
POLLUTION ABATEMENT
Lead emissions from internal
combustion engines
Heavy metal such as
zinc, copper, and
cadmium
Toxic substances such
as arsenic, mercury,
boron, and lead.
Removal and safe
disposal of accidentally
contaminated materials
c. Sealed storage to outlast
duration of dangerous
level of radioactivity
d. Safe burial where there
is no hazard to ground
water
4. Accidental spills of toxic 4.
industrial materials require the
same type of treatment as radio-
active substances
5. Herbicides require:
5.
Careful application as
to amounts and area in
accordance with limitations
stated on the label
Prevent or reduce
pollution from toxic
materials
Prevent or reduce
pollution from toxic
materials
-17-
-------
Table 1-5
CONSERVATION DISTRICTS AND DISEASE ORGANISM POLLUTANTS
Disease organisms are often associated with other pollutants such as domestic
sewage, animal wastes, or crop residues. They may contaminate air, water, or
soil. They may be directly harmful to crops, livestock, or people.
KINDS AND SOURCES OF
DISEASE ORGANISM
POLLUTANTS
SOIL & WATER CONSERVATION
MEASURES
CONTRIBUTION TO
POLLUTION ABATEMENT
Viruses
Bacteria, fungi,
protozoa
Nematodes, schistosomes
Some disease organisms may
be controlled by the following
soil and water conservation
measures:
1. Preventing soil from
blowing
2. Removing host or alter-
nate host plants
3. Agricultural water manage-
ment (drainage, irrigation,
and runoff control)
1. Reduces movement
of infected soil parti-
cles
2. Eliminates infec--
tious agents
3. Controls vectors
capable of transmitting
infectious organisms
4. Change in vegetative cover 4. Eliminates host
(crop rotation) plants
5. Suitable sites for absorp-
tion fields
6. Use of resistant plant
varieties
7. Planned grazing system
8. Agricultural waste
management
5. Reduces likelihood
of disease organisms
being present in soil
surface and being dis-
charged into the
atmosphere
6. Reduces infectious
agents
7. Breaks life cycle
of organisms
8. Reduces likelihood
of disease organism
being carried to sur-
face waters and improves
water control
-18-
-------
Table 1-6
CONSERVATION DISTRICTS AND POLLUTANTS FROM PLANT OR ANIMAL PESTS
Pests are not usually thought of as pollutants but, from the standpoint of human
we!fare and enjoyment, they may be so classed. They may be nuisances or vectors
for disease. They reduce crop and livestock yields and affect human health. Careful
judgment is needed when classifying living organisms as pests. They may be useful and
beneficial in some situations.
KINDS OF PESTS THAT MAY
BE CLASSED AS POLLUTANTS
SOIL & WATER CONSERVATION
MEASURES
CONTRIBUTION TO
POLLUTION ABATEMENT
Plants
Weeds
Poisonous plants
Fungi
Algae and other
aquatic plants
Insects and arachnids
Rodents
Pests may to some degree be
controlled by design features
of soil and water conservation
measures such as:
1. Retarding or impounding
structures with features
designed to control pests.
2. Drainage ditches and chan- 2.
nels with features design-
ed to control pests.
3. Change in vegetation 3.
4. Irrigation water manage- 4.
ment
5. Irrigation structures 5.
(fine mesh trash screens)
6. Improve irrigation practi- 6.
ces
Irrigation systems
Irrigation land leveling
Irrigation water management
7. Agricultural waste manage- 7.
ment facilities
8. Conservation cropping
systems
Mitigate or elimin-
ate insect-breeding
areas and undesirable
plant growth
Prevent spread of
weed seeds in irriga-
tion water
Reduce or eliminate
mosquito and other
insect breeding areas
Mitigate or eliminate
insect-breeding areas
Reduce fly popula-
tion, and control
other vectors
Reduce insects and
weeds
-19-
-------
Table 1-7
CONSERVATION DISTRICTS AND LANDSCAPE POLLUTANTS
Landscape pollutants are those that degrade the landscape and spoil enjoyment of
outdoor scenery, obstruct esthetic value and degrade property values in
adjacent areas.
KINDS AND SOURCES OF
LANDSCAPE POLLUTANTS
SOIL & WATER CONSERVATION
MEASURES
CONSTIBUTION TO
CONSERVATION ABATEMENT
Litter and refuse
Abandoned materials and
structures
Buildings and bridges
Equipment and machinery
Car bodies
Intrusion of construction
on scenic views
Poor timber-cutting
practices
Gullies and other unsight-
ly erosion
Mine waste and tailings
Scour and overwash
Landscape pollutants may be
controlled by the following
soil and water conservation
measures or their design
features:
1. Cleanup and proper dis-
posal of waste
2. Reclamation of useful
materials
3. Vegetative screening
4. Relocation of disposal
areas
5. Zoning against intrusions
on adjacent areas
6. Resource conservation
planning to promote planting
of trees, shrubs,border
plantings, etc.
7. Improved timber-waste
disposal, e.g. slash dispo-
sal, screened cuttings.
8. Preservation,establish-
ment, or improvement of
vegetation along streams
9. Brush and weed control
10. Floodwater-retarding
structures.
11. Irrigation water management
and other practices to control
and adequately dispose of excess
water
These measures contribute
to the beauty of the
countryside and enhance
the quality of environ-
ment
-20-
-------
Table 1-7 cont'd
KINDS AND SOURCES OF SOIL & WATER CONSERVATION CONTRIBUTION TO
LANDSCAPE POLLUTANTS MEASURES CONSERVATION ABATEMENT
Patches of weeds and 12. Rural community planning
other unsightly vegeta-
tion caused by excessive
tailwater and/or over-
irrigation and inadequate
water disposal systems
Illegal or unmanaged dumps
-21-
-------
Table 1-8
CONSERVATION DISTRICTS AND HEAT POLLUTANTS
Heat is a pollutant primarily of concern in water. It may damage life forms or
species in the aquatic habitat,thereby reducing most desirable productivity. It
may also make water unusable for some purposes.
KINDS AND SOURCES OF
HEAT POLLUTANTS
SOIL & WATER CONSERVATION
MEASURES
CONTRIBUTION TO
POLLUTION ABATEMENT
Irrigation return flows
Changes in ground cover,
surface texture, color,
or reflection
Warming of water in
impoundments
Warm water from power
plants and other industrial
plant cooling systems
Heat pollutants may be control-
led or abated by the follow-
ing soil and water conser-
vation measures or their
design features:
1. Irrigation water manage-
ment:
Better methods of appli-
cation and tailwater recovery
2. Changes in ground surface
conditions:
Maintain vegetation cover,
revegetate denuded areas
3. Cold water releases from
impoundments
1. Reduce return of warm
water to the stream, or
maintain more favorable
temperature in the water
applied
2. Reduce radiation and
reflections
3. Minimize thermal effects
4. Recycling and aerating warm 4. Results in cooling due
water through surface, subsur- to recycling and aeration
face, or sprinkler irrigation
systems using appropriate irri-
gation water management tech-
niques
-22-
-------
Table 1-9
CONSERVATION DISTRICTS AND AIR POLLUTANTS
Specific air pollutants include some that could also be classed as landscape
pollutants and some may, by fallout, become land and water pollutants. They
may directly affect the health of plants, livestock, and people or damage buildings
and equipment.
KINDS AND SOURCES OF
AIR POLLUTANTS
SOIL & WATER CONSERVATION
MEASURES
CONTRIBUTION TO
POLLUTION ABATEMENT
Smoke
Stubble and crop
residue burning,
forest slash burning,
etc.
Refuse burning
Industrial plants,
utilities, residences,
commercial, etc.
Gasoline and oil
burning engines
Airborne soil particles
(dust)
Noxious odors
Crop-processing dusts
(organic)
Allergens
Plant pollens
Dust from fur, feathers
manures
Noise
Farming, mining, and
construction equipment
Highway, railroad,
airplane
Industry
Recreation area
(motorboat, snow-
mobile, etc.)
Air pollutants may be reduced
in some degree by the following
soil and water conservation
measures or techniques:
1. Smoke
a. Tillage and other prac- 1.
tices to utilize stubble,
crop residues ; alternative
disease and pest control
methods; looping and scattering
slash; improving utilization;
shredding to a chip mulch
b. Elimination of non-agricul- b. Eliminates smoke
tural refuse burning by improv-
ed methods of reclaiming useful
materials or stockpile as compost.
to make soil amendments
2.
3.
4.
5.
a. Eliminate burn-
ing and the result-
ing smoke
c. Controlled burning (in
accordance with local and state
laws) and mechanical timber
stand improvement practices
c. Reduce smoke
Odors
Allergens
Weed control & relocation
of crops
Noise
Tree planting, field wind-
break or border, critical
area planting
Dust
Minimum tillage, crop resi-
due use, and conservation
cropping system
Odors
Proper management of live-
stock manure and other
agricultural wastes.
2. Lessen amounts of
allergens
3. Screen out noise
4. Lessen dust
5. Reduce odors.
-23-
-------
CONSERVATION DISTRICT OPERATIONS
WORKING ARRANGEMENTS
While some districts have their own technicans, they also rely on
the personnel and facilities of several federal and state agencies for
trained manpower. The principal sources of assistance to conservation
districts are shown in Table 1-10 (federal) and 1-11 (state).
The Soil Conservation Service of the U.S. Department of Agriculture
(USDA) is the only agency receiving federal funds earmarked by Congress for
direct technical assistance to conservation districts. Many other federal
agencies provide services, including USDA's Agricultural Research Service,
Agricultural Stabilization and Conservation Service, Economic Research
Service, Extension Service, Farmers Home Administration, and Forest Service
and the U.S. Department of the Interior's Bureau of Land Management,
Bureau of Land Management, Bureau of Reclamation, and Fish and Wildlife
Service. Also working with districts are many state departments such
as forestry, agriculture, recreation,highways, education, cooperative
extension service, fish and game, health, and commerce and the land
grant universities.
Districts retain local direction and control over their programs
through various forms of agreement with their cooperating agencies which
spell out working relationships and how each partner will function.
In the case of the U.S. Department of Agriculture, conservation districts
execute and "umbrella" memorandum of understanding with USDA under which
supplemental memorandums of understanding (or other appropriate arrangements)
are developed between the district and each USDA agency cooperating with the
district.
The Department of the Army Corps of Engineers provides a standard
format for a memorandum of agreement between a district engineer and a
conservation district. Under the Army directive, district engineers
are authorized to sign the agreements and to make such modifications as
deemed appropriate by the Corps and the conservation district.
Similar, although often less formal arrangements, are made by the
district with other federal and state agencies. Examples of several
agreements appear in Appendix 1-1.
MAJOR PROGRAM COMPONENTS
Conservation district programs encompass research, education,
technical assistance, cost sharing, and credit as major components. These
components, appropriately blended, serve as the basis for applying
conservation technology to problems experienced by individual landowners,
groups, units of government, and multi-county entities—problems of soil
erosion, water management, urban expansion, waste disposal, highway and
utility planning and maintenance, building construction, recreation
facilities, and environmental improvement. In addition, district work
involves active participation in projects and regional resource development
efforts such as water resource projects, economic development projects,
river basin development, and comprehensive planning programs.
-24-
-------
Table 1-10: Principal Sources of Federal Assistance
to Conservation Districts by Functions
USDA:
Agricultural Research Service (ARS)
Agricultural Stabilization and
Conservation Service (ASCS)
Cooperative State Research Service (CSRS)
Economic Research Service (ERS)
Extension Service (ES)
Farmers Home Administration (FmHA)
Forest Service (FS)
Soil Conservation Service (SCS)
USDI:
Bureau of Outdoor Recreation (BOR)
Bureau of Land Management (BLM)
Bureau of Reclamation (BuRec)
Fish and Wildlife Service (FWS)
Office of Water Resources Research (OWRR)
Geological Survey (USGS)
Other:
Corps of Engineers (Corps)
Economic Development Administration (EDA)
Environmental Protection Agency (EPA)
Water Resources Council (WRC)
Small Business Administration (SBA)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
xl
X2
X3
X3
X3
X
X3
X
o includes financial assistance for project undertakings
^Financial assistance for recreational developments
financial assistance for project works
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Table 1-11: Principal Sources of State Assistance
to Conservation Districts by Functions
State Soil Conservation Agency
Land Grant University
State Experiment Station
State Extension Service
State Forestry Agency
State Game and Fish Agency
State Water Quality Agency
State Planning Agency
State Education Department
State Water Resources Department
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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District programs at the local level cover a wide variety of activities
including such things as sponsorship of awards programs for students, teachers,
outstanding cooperators, etc,; sale of tree seedlings; preparation and
distribution of newsletter; development of outdoor classrooms and other
educational activities; rental of land improvement equipment; sponsorship
of Soil Stewardship Week; organization of conservation tours; and other
community activities.
A short narrative concerning each of the major components follows.
Research
A substantial number of federal and state agencies and others conduct
a variety of research programs which make an important contribution to the
technical soundness of conservation district programs. Research also develops
new technology and techniques for application to conservation problems.
Research designed to make more effective use of the productive capacity
of soil and water resources is one of the missions of the Agricultural Research
Service (ARS). Scientists and engineers conducting this research are concerned
not only with preserving these resources, but also with keeping soil, water,
and air relatively free from pollution. ARS and districts maintain a close
working relationship using visits to the research stations and meetings and
other forums for a free exchange on research results and needs.
The Cooperative State Research Service (CSRS) administers federal grant
funds for research in agriculture, agricultural marketing, rural development,
and forestry. Funds are made available to state agricultural experiment
stations and other designated state institutions. The results of the
ensuing research contribute toward improvement of district programs.
Forest and forest-related research is carried out by the Forest Service
(FS) throughout the country, often in cooperation with state agricultural
colleges. Research concerning tree planting, timber management and harvesting,
fire protection, watershed management, and recreation are particularly relevant
to district work.
The Economic Research Service (ERS) carries out a broad program of
economic research. Among the analyses of interest to districts are those
dealing with pricing and policy, structure, and adjustments in. agriculture;
long range projections; and costs and returns. Much of the ERS research
is centered on the use, conservation, development, and control of natural
resources and their contribution to local, regional, and national economic
growth. Analysis of environmental issues is an important element of its
responsibility.
The Bureau of Reclamation (BuRec) is authorized to conduct research
programs on the use of water resources. Research results centering on
dam construction and major irrigation distribution systems are especially
important to districts.
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Research is conducted by the Fish and Wildlife Service (FWS) on the
conservation, development, and management of the nation's fish and wildlife
resources. FWS's own research is complemented by cooperative fish and
wildlife research units located at 45 universities. The research results are
integrated into district assistance in this field.
The Office of Water Resources Research (OWRR) provides annual fund
allotments to support one state university water resources research and
training institute in each state and matching funds for certain specific
project work. The problem-oriented research helps develop new technology
for application in district work.
One of the broad objectives of the U.S. Geological Survey (USGS) is to
conduct investigations and research covering the topography, geology, and
mineral and water resources of the United States. Districts benefit sub-
stantially from USGS sedimentation studies and efforts to determine the
source, quantity, quality, distribution, movement, and availability of
both surface and ground water.
The Environmental Protection Agency (EPA) carries out a national research
program in pursuit of technological controls for all forms of pollution. EPA
maintains several national and other laboratories supporting the program
responsibilities of its regional offices. EPA also supports technological
reviews and other investigations. These results, coupled with research
results (particularly in the non-point field), are of interest to districts.
Several state institutions contribute research results used in district
programs. The state experiment stations of the land grant universities are
a particularly important source of research information, with state forestry,
fish and game, geology, economic, and other agencies also contributing relevant
research results.
Lastly, a number of equipment companies and other industrial and private
organizations conduct research and demonstrations which benefit district pro-
grams .
Education
While most federal and state agencies and private groups conduct
information and education programs centering on their particular missions,
conservation districts have generally relied on the Cooperative Extension
Service as their principal source of educational aid.
The Extension Service (ES) is the educational agency of the U.S.
Department of Agriculture. It is one of three partners making up the
Cooperative Extension Service. State governments, through their land grant
universities, and county governments are the other partners. All three share
in financing, planning, and conducting Extension's education programs.
Extension agents, in addition to bringing research results from the
land grant universities, have conducted educational programs in behalf of
districts and have helped in the district organization process. They have
been effective participants in developing district annual and long range
programs and in informing and motivating land users to install soil and water
conservation measures.
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Technical Assistance
Technical assistance is the cornerstone of conservation district
programs and is the basic ingredient of a voluntary approach to land, water,
and related resource conservation work.
Through cooperative arrangements, districts use technical aid to
combine the practical experience of land users with the scientific knowledge
and skills of professional conservationists and others to develop and carry out
locally-adapted conservation programs.
Soil Conservation Service (SCS) personnel are assigned to districts
to work directly with land users. Assistance to district cooperators
includes: providing a soil capability map and other resource data;
providing information about practical alternatives for treating and using
the land; assisting in developing a plan for installing the treatment measures
and making the land use changes needed; and helping to apply parts of the
plan that require special skills or knowledge.
The Forest Service (FS), working principally through state forestry
agencies, is a valuable source of technical assistance to districts. Under
the Cooperative Forest Fire Control Program, the Forest Service provides
coordination and financial and technical assistance. The Forest Service also
cooperates with the states in producing and distributing tree seeds and
seedlings for planting on state and private forest lands. Federal and state
technical assistance is provided to private forest landowners under the
Cooperative Forest Management Act. Cooperative programs are also conducted
as a part of certain watershed and flood prevention project activities. Lands
associated with the National Forests frequently require cooperative efforts
for use and treatment and coordinated planning efforts.
Resources managed and leased by the Bureau of Land Management (BLM)
include timber, minerals, geothermal energy, wildlife habitat, livestock
forage, recreation and cultural areas, and open space. Many of these resource
areas are located within district boundaries and, when they occur on inter-
mingled public and private lands, coordinated planning and technical assistance
arrangements are needed.
The Bureau of Outdoor Recreation (BOR) is the federal agency responsible
for assuring coordinated action at all levels of government for coordinating,
planning,and financing outdoor recreation. Among other things, the Bureau
of Outdoor Recreation cooperates with and provides technical assistance to
states, political subdivisions, and private interests. Districts have worked
with the agency and state recreation agencies in conducting recreation ap-
praisals for most of the country.
Assistance from the several water resources oriented agencies have
benefitted district programs. Close working relationships have been maintained
with the Corps of Engineers and the Bureau of Reclamation on their flood
control and irrigation projects to assure that on-farm systems are appro-
priately coordinated with the project developments. The U.S. Geological Survey
supplies a great deal of base data on water resources especially useful for
planning and layout purposes for dealing with problems involving water supply,
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flooding, and other water management activities. Data, studies, and reports
issued by the Water Resources Council are frequently used for broad planning
and analysis purposes. The Corps of Engineers' shore erosion control
demonstration site tests and evaluations are also useful.
The Fish and Wildlife Service (FWS) is another source of technical
aid providing advice and counsel on a number of fish and wildlife plans
and developments.
The primary function of the Economic Development Administration (EDA)
is to assist in the long range economic development of areas with severe
unemployment and low family income problems. Among other things, EDA programs
include technical and planning assistance for areas designated as redevelop-
ment areas. Districts have developed close working relationships with a
number of the multi-county economic development districts and have participated
with them in various public works undertakings.
An effective working relationship between the Environmental Protection
Agency (EPA) and its cooperating agencies and conservation districts is
developing. Through field visits, project reviews, and other means, EPA
personnel are developing an understanding of conservation district work
which is expected to result in mutual benefit.
A variety of state assistance is also used by districts. State forestry,
fish and game, water quality, agriculture, recreation, and other agencies
frequently provide technical services to district cooperators.
In a number of states and counties, appropriations are made to con-
servation districts for various operations. Frequently, these funds are
used to employ district managers and conservation technicians to provide
technical services to land users.
In view of the close relationship between certain of the district technical
assistance features and the 208 water quality management task, a separate
section is included in this chapter to present in some detail the technical
standards and specifications and general methods of operation used by several
key technical assistance agencies.
Cost Sharing/Financial Assistance
The economic incentives provided by various cost sharing programs
has been of great value in achieving needed land use adjustments and in
getting conservation practices applied to the land.
Conservation districts view cost sharing programs along with technical
assistance as the two key features of a voluntary approach to conservation
accomplishments. District officials have been full participants in cost sharing
programs, serving on various committees and program development groups.
For several of the programs, long term agreement/contract features are based
on a conservation plan developed with the land user and approved by the
local conservation district.
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The agencies most closely associated with the several U.S. Department
of Agriculture-administered cost sharing programs are the Agricultural
Stabilization and Conservation Service, the Soil Conservation Service, the
Forest Service (through the state forestry agency), and the state Extension
Services. In recent years, several states and local jurisdictions have
inaugurated cost sharing programs of one sort or another to provide
incentives to speed up the application of conservation work on the land.
A description of several cost sharing programs may be found in Chapter
Eleven.
Another important source of aid is that of financial assistance and/or
grants provided by several federal agencies, chiefly on project or public
works activities of a group or community nature.
As a part of the Watershed Protection and Flood Prevention Program and
the Resource Conservation and Development Program, the Soil Conservation
Service provides financial assistance for a variety of project purposes
including such features as critical area treatment, flood prevention, agri-
cultural water management, public recreation and fish and wildlife develop-
ments, municipal water supply, and other water management measures such as
storage for pollution abatement by streamflow regulation or saline water
intrusion control. An emergency aid program is also administered by the Soil
Conservation Service in cooperation with the Forest Service dealing with
such natural disasters as floods and fires.
Similarly, projects installed by the Corps of Engineers (chiefly
flood control) and the Bureau of Reclamation (mostly irrigation oriented)
have associated financial assistance features.
Under the Land and Water Conservation Act of 1965, the Bureau of
Outdoor Recreation administers a program of financial assistance grants
to states and their political subdivisions for comprehensive planning, land
acquisition, and facility development. Districts have helped sponsor such
developments, singly or as part of small watershed and resource conservation
and development projects.
Among other features, the Economic Development Administration program
includes public works grants. Redevelopment areas in designated economic
development districts are eligible for bonus grants for public works projects.
Districts have sponsored project activities where these grants have been
effectively utilized for multiple-purpose developments such as flood control
and municipal water storage. Financial assistance under the Public Works and
Economic Development Act provides opportunities for various erosion control
and other water quality related projects.
From time to time, state agencies as well as counties, municipalities,
special purpose districts, and others have cooperated with districts in various
project activities—providing either financial assistance or bearing their
share of the costs of the developments.
Credit
Credit is an important component of conservation district programs,
enabling land users to finance their share of the cost of applying,
operating, and maintaining conservation practices.
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The principal credit agency of the U.S. Department of Agriculture
is the Farmers Home Administration (FmHA) which administers a variety
of resource-related loans. They include: individual soil and water
conservation loans, recreation loans, loans to associations, watershed
protection and flood prevention loans, small business loans for pollution
abatement, resource conservation and development loans, and community
facility loans. Conservation districts have maintained close working
relationships with FmHA and for many loans, conservation plans and/or
soil and site information is a requirement.
Through contractural agreements with project beneficiaries, the
Bureau of Reclamation arranges for repayment to the government of
reimbursable costs incurred in the construction and operation of water
resource projects. The Bureau of Reclamation also administers the Small
Projects Act of 1956 and makes loans for construction or rehabilitation
of irrigation systems.
The Small Business Administration (SBA) recently modified its
regulations to make fanners eligible for loans. A special loan program for
water pollution control measures called for under P.L. 92-500 has been
established. The Environmental Protection Agency must certify to the Small
Business Administration that the measures the farmer is planning to install
are needed and will be effective in controlling water pollution. Conserva-
tion districts can help make this determination.
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TECHNICAL ASSISTANCE
Certain of the technical assistance features encompassed in conser-
vation district programs are particularly relevant to some of the tasks
associated with the 208 water quality management program development job.
Accordingly, this section has been included to present details concerning
technical materials and procedures used by three agencies--Soil Conservation
Service, Forest Service/state forestry agencies, and the Bureau of Land
Management—as well as several coordinated planning arrangements.
U.S. SOIL CONSERVATION SERVICE
One of the major activities of the Soil Conservation Service (SCS) of
the U.S. Department of Agriculture is to provide technical and other
assistance to farmers, ranchers, rural and urban communities, and others
through conservation districts. SCS personnel assigned to field offices
work, through the conservation districts, directly with landowners and
operators to assist them in developing conservation plans and applying
needed combinations of conservation practices.
Undergirding this effort is a body of scientific knowledge
developed from research and experience. This information is maintained in
each SCS field office in the form of technical guides. These guides, as
well as the way in which conservation districts operate generally, have a direct
applicability to many of the required water quality management planning
elements. A discussion follows to better acquaint water quality planners
and others with the data, procedures, and techniques which are available.
Technical Guides
Purpose
Technical guides are designed to provide basic working tools to help
individual land users, groups, and units of government in conservation plan-
ning and implementation through conservation districts. They normally
contain (either by inclusion or by reference) an array of information
pertaining to (a) resource information, (b) soil descriptions and inter-
pretations, (c) alternatives of land and water use, (d) alternative resource
management systems, (e) standards and specifications for conservation practices
used in resource management systems, and (f) cost-return and other materials
on economics.
Resource Information
This section of the technical guide generally contains a reference
list to handbooks and manuals as well as various maps, reports, studies,
and other resource data.
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References
Typically included are such items as:
National List of Scientific Plant Names
National Engineering Handbook
Engineering Field Manual
Agricultural Waste Management Field Manual
Technical Releases
Irrigation Guides
Drainage Guides
Key Research Findings
Other Materials
Maps, Reports, Studies, and Other Resource Data
A variety of resource data is available at conservation district
offices—or can be obtained through state and area offices of a cooperating
agency. The data considered of the greatest interest to water quality
planners includes:
Soils/Soils Interpretations
General Soil Map of State. Data consists of a map and brief description of
map units. Units are soil associations composed of soil series or higher
categories of the soil taxonomy. Used for state and multi-state planning
requiring generalized soil data for decision making.
General Soil Map of County. Data consists of maps and brief descriptions
of map units. Units are soil associations composed of soil series.
Published Survey of County or Area. Maps, descriptions, and multiple
interpretations show the location, extent, and condition of the soil re-
sources. Detail of mapping reflects the expected use of the data. Used as
base data for resource, community, and environmental planning of specific
tracts of land.
Major Land Resource Areas (MLRA). Map showing the location and extent of MLRA's
in the U.S. and state. Text consists of descriptions of areas with data on
major soils, climate, topography, land use, vegetation, and water. Used for
broad resoure planning, defining areas of research application, and for co-
ordinating data related to land and water resources.
Soil Limitation and Soil Potential Maps. May show wetness, stoniness, shallow-
ness areas, or other interpretations based on soil surveys. Soil potential maps
that show the location, extent, and problems that must be overcome to use a
particular tract of land for a planned purpose.
Rates of Erosion Data. Data on rates of erosion experienced under varying
conditions of cropland use and cover by kinds- of soil. Used for planning
land use to reduce soil losses by wind and water to an acceptable level.
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Woodland Site Index Data. Shows productivity by Site Index for principal
trees on major soils. Used for planning and management of woodland areas
and projecting potential productivity.
Pasture Suitability and Rates of Production Data. Identifies pasture species
suitable for soil mapping units and experienced rates of production by levels
of management input. Used for planning existing and potential pastureland
use by tracts of land.
Production Records from Native Grazing Land. Shows total annual production
and species composition of plant communities by soil series. Used with soil
data to plan potential carrying capacity of native grazing lands.
Range Site Data. Data includes ecological descriptions of potential natural
plant communities with condition guides and management interpretations. Used
for planning and managing native range sites.
Other. Other soil and site information that is normally available is described
later in this section.
Water Resources
River Basin Studies (inventories by watershed, county, or other unit). Data on
socio-economic base: land use, soils, erosion and sediment problems, flood water
damages, flood plains, water supply, water quality, potential reservoir sites,
forestry resources, fish and wildlife resources, status of land treatment,
drainage problems, wetlands, etc. The studies include Comprehensive Framework
Surveys and Comprehensive Detailed Surveys carried out under the aegis of the
Water Resources Council. Comprehensive Surveys with states are also carried
out. Some may contain environmental impact analyses. Used for broad resource
planning that requires projections of future requirements and needs for land and
water resources. Provides alternative measures, plans, and programs to solve
problems and meet needs.
Flood Hazard and HUD Insurance Studies. Flood hazard reports and maps
delineating flood plain areas subject to flooding. Such technical data is
used in local flood plain management programs.
Wetlands Survey. Data on existing and potential areas of wetlands. Used for
planning and evaluating significance of wetland areas.
Water Development Sites Survey. Data on existing and potential streambelt
areas. Used for general planning of river and stream valleys.
Snow Survey Data. Data for areas in the western states on historic snow
accumulations as well as current data during the snow season. Includes
snow depths, water content, and related measurements such as precipitation
and temperature for the current year and for a historical period. Used for
general planning, water supply forecasts, and other interpretations.
Ground Water Maps. Maps and brief descriptions of areas underlain by ground
water and commonly show ground water recharge areas, depth to aquifer, and
their thickness.
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Water Resource Maps. Maps of river basins and aggregate areas with definable
hydrologic conditions. Used for broad water resource planning and evaluation.
Water Resource Studies of Watersheds. Preliminary investigations and completed
studies of watershed and flood prevention projects. Contain detailed data on
soils, geology, climate, land use, flooding, and conservation on the land and
needs for a project area. Alternative methods of solving water related problems
are included. Most completed project studies include an environmental impact
analysis and statement. Used for resource planning in a particular watershed.
Irrigation Studies and Inventories. Map, tabular, and narrative data on existing
and potential irrigated areas. Shows location, extent, and condition of land
such as areas of salinity and alkalinity. Used for planning and evaluation of
land and water problems in a designated irrigated area and potential areas.
Drainage Studies and Inventories. Maps, tabular, and narrative data on existing
and potential drainage areas. Used for planning and evaluation of land and
water problems in existing and potential areas needing drainage.
Resource Conservation and Development Reports. Contain generalized data on
soils, geology, climate, land use, erosion and sediment, conservation treat-
ment and needs, plus some socio-economic data. Used for general planning
of project measures, identifying priority needs, and developing action programs.
Potential Impoundment Site Inventory. Map and brief description of site loca-
tions where recreation, water supply, and flood control impoundments might
be feasible. Used for planning, investigations, and evaluation at a county
level to prevent loss of potential sites.
Water Impoundment Survey. Map and size indication of existing water impound-
ments. Used for planning and evaluation at county and/or state levels.
Non-Point Source Pollution
Roadside, Gully, Streambank, and Other Erosion Surveys. Data on critically
eroding areas. Used for general planning related to sediment sources of
pollution.
Agricultural Pollution Surveys. Data identifying feedlots that may contribute
to water pollution. Used for general planning of point sources of pollution
related to agricultural activities.
Surface Mining and Our Environment. A special report to the nation (1967) on
surface mining operations and their effects. Used for broad planning and
evaluation of mining activities and conditions in the U.S.
Sediment Surveys of Structures. Data on sediment accumulation behind selected
reservoirs located in MLRA's of the U.S. Used for planning structure life and
relating the impact of land use activities on sediment yield from watershed
basin areas.
Agricultural Chemicals Application Data. Data on fertilizer, pesticides, and
other agricultural chemicals applied to rural areas. Used for general
evaluation of the impact of chemical application to non-point sources of
pollution.
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Conservation Cropping Systems. Record of known cropping systems needed to
produce, protect, and improve the use of land. Used with soil data to plan
and manage specific tracts of cropland and future cropland areas.
Conservation Applications. Data on current status of conservation practices.
Used for planning conservation programs and needs at field, state, and
national levels.
Field Planting Guides. Guides specific to each genus and species for de-
termining the suitability and criteria for planting by soil types.
Conservation Needs Inventory. 1967 data on non-federal lands showing land
capability classes and subclasses, land use, non-conservation and conservation
needs for each county obtained using a random sampling procedure. Used for
county, state, and national program planning and evaluation. Useful in
measuring the quality of non-federal land and its use.
General Erosion and Sediment Studies of Selected Areas. Provides gross
erosion data on tons/acre of soil moved and may have data on sediment
delivery to streams and reservoirs. Some include data on water, wind,
roadside, streambank, gully, and urban erosion. Used for general planning
and defining critical areas of non-point sources of pollution.
Other. Other sections of this chapter describe resource management systems
and conservation practices used in preventing erosion and controlling
non-point source pollution.
Land Use
State Land Use Map. Maps that show the location and extent of general land
use categories such as cropland, urban and urbanizing, water, etc. Used for
state and multi-state planning and evaluation.
County Land Use Map. Maps that show the location and extent of specific land
use categories. Used for planning specific tracts of land.
Important Farmland Inventories. Data available at the national level and for
the 10 Crop Production Regions of the U.S. on the amount of prime farmland.
Inventories are available for some counties showing the location, extent,
and amount of prime and unique farmland, farmland of statewide importance,
and farmland of local importance. Used for county, state, regional, and
national planning. Also used for programs designed to preserve farmlands
and for environmental evaluation of federal projects or land resources.
Recreation Inventory. Joint study by National Association of Conservation
Districts, Bureau of Outdoor Recreation, and Soil Conservation Service to
identify the number, kinds, and scope of recreation enterprises on private
lands. Used for planning and evaluating the use and need for recreational
areas and facilities.
Appraisal of Recreation Potential. A report that rates the potential of
12 activities for future outdoor recreation development. Used for planning
and projecting future needs for recreational areas and facilities.
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Other Resource Information
Agricultural Census Data. Data by county and state on land use, crops,
livestock, farm tenure, owners and operators, size of farms and ranches,
and selected social and economic conditions. Used for broad resource
planning.
Demographic Data. Census of population, SMSA's, etc. Shows existing and
projected population growth and losses as well as trends in tabular, chart,
and map form. Used for determining population density patterns that can be
related to other resource data.
Climatic Maps and Weather Data. Rainfall and temperature maps and data
records at selected guaging stations in the area. Used for determining
rainfall factor and for resource planning including farm and ranch units.
Plant and Animal Guides. Data on life history and habitat requirements of
major fish and wildlife species. Used for planning fish and wildlife habitats
and determining environmental limitations of specific land areas.
Experienced Yield Data. Record of common crop yields by soil under defined
level of management, fertility, plant adaptation, and soil erodibility
factor. Used for planning and managing agricultural land by tracts.
State Map of Native Vegetation. Small scale map showing native vegetation
such as grass and trees. The amount of detail shown is variable. Used for
state and multi-state resource planning and evaluation.
Woodland Cost-Return Data. A program for calculating costs and returns for
production of wood crops. Used for planning existing and potential woodland
tracts of land.
Windbreak Species Evaluation. Shows the response of windbreak trees and shrub
species to soils. Used for planning and managing windbreaks and shelterbelts.
List of Threatened and Endangered Species. Identifies all threatened and
endangered species in the U.S. Used for resource planning, watershed
planning, and environmental evaluations.
Summary of Status of Fish Farming. Resource data pertaining to many aspects
of fish farming on private land. Used for program planning and determining
research needs.
Topographic Maps of County. Maps with contour intervals of about 20 feet or
more showing landscape features, man-made boundaries, and sea level datum.
Also provides base data for developing aspects and views of landscape. Used
for engineering and resource planning requiring elevation, slope length,
aspect, and other landscape data.
Surficial Geology Maps. Maps and descriptions of surface deposits such as
loess, glacial, till, alluvium, outwash, etc. Used for county and state
planning, engineering planning, wastes disposal siting, and as an aid in
soil survey investigations.
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Mineral Deposits Map. Maps with brief descriptions showing location,
thickness, and extent of soil, coal, valuable rock, sand, and gravel
deposits. Used for county and state resource planning and site investiga-
tions for specific tracts of land.
Bedrock Geology Maps. Maps and brief descriptions of bedrock stratigraphy
identifying age, thickness, and kind of rock deposits. Used for broad
engineering planning.
Areas of Geologic Hazards. On selected geological quads, areas where land-
slides are active, old landslide areas, fault lines, active volcanoes, as
well as potential hazard areas are shown. Used for resource planning,
impoundment siting, as well as siting for schools, power plants, hospitals,etc.
Soil and Site Information
In this section of the technical guide, soil surveys are interpreted
to facilitate making decisions about land use. Soil characteristics that
limit or affect land use decisions are identified. Normally the following
information will be included:
Soil survey legends showing all appropriate groupings for various uses and
identification legends for all soil maps in use.
Soil descriptions and interpretations suitable for use with individuals,
groups, and units of government being assisted.
Capability classifications showing the groupings of all soil mapping
units into capability units, including a description of each capability unit.
Other interpretive soil information needed for using the soil loss and
wind erosion equations and yield data by kinds of soil under defined
treatment and fertility levels and plant adaptations.
Interpretive groupings for native grazing lands (rangeland, native pasture,
and grazable woodland) including, where applicable:
Range site descriptions for rangeland, including descriptions of
potential plant community and productivity, range condition guides,
and guides to initial stocking rates. (All soils used as rangeland
should be part of appropriate range site descriptions.)
Native pasture groupings for native pasture. Reference groupings
to individual soils, groups of soils, or woodland suitability
groups. In descriptions of native pasture groupings, include kinds,
amounts, and forage values of plants within reach of grazing animals;
and guides to initial stocking rates adjusted to canopy cover.
Grazing guides for grazable woodlands. Reference guides to appropri-
ate woodland suitability grouping(s). In descriptions include kinds,
productivity, and value of understory plants in relation to overstory
canopy. Include guides for rating forage value and for initial
stocking rates adjusted to overstory canopy.
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Soil Interpretations for woodland use, by individual soils or by woodland
suitability groupings. Include ordination symbol, description, hazards,
and limitations for woodland and, either or both, site index and productivity
ratings. Interpretations for windbreaks may be by individual soils or by
appropriate groups of soils. Include description, adapted species, predicted
growth, hazards and limitations, and interpretations about the use of windbreaks
in preventing pollution and improving the environment.
Soil interpretations for engineering uses.
Soil interpretations for nonfarm uses such as commercial development,
subdivision development, industrial development, and roads and other
transportation and transmission systems.
Soil interpretations for outdoor recreation developments^
Soil interpretations for wildlife habitat.
Soil interpretations for pastureland and hayland (by soil groupings such
as capability units, by other groupings, or by individual soils).
Soil interpretations for waste disposal systems.
Resource Management Systems
This section of the technical guide deals with the use and conser-
vation treatment of land and water. A resource management system is a
combination of conservation practices and management to improve and
maintain soil, water, plant, and animal resources (often the same as
best management practices).
Subsections for Resource Management Systems
Field offices develop resource management systems necessary to attain
an acceptable soil and water program in the working area serving the
conservation district for the following land use and management systems:
Land Use and Management Systems
Land use table that summarizes suitable uses of soils consistent with
soil interpretations.
Cropland—Resource management systems that provide adequate alternatives
needed (1) to protect or improve the soil (in each capability unit or other
management grouping); (2) to reduce erosion to safe levels; and (3) to
minimize pollution from chemicals, plant nutrients, windblown soil particles,
inorganic salts and minerals, and plant residues.
Pastureland and Hayland—Resource management systems that are needed to
establish and maintain pasture and hayland in a way that will furnish a
satisfactory quality and quantity of forage and provide adequate soil
protection and pollution abatement. Such information is to be presented
by (1) soil mapping units, (2) land capability units, or (3) pastureland
and hayland soil groupings. Use the most practical groupings for the field office.
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Native Grazing Land (rangeland, native pasture, and grazable woodlands)—
Resource management systems based on proper grazing use to meet livestock
forage production, watershed protection, wildlife habitat management,
and other compatible objectives.
Woodland— Resource management systems for each soil or woodland suitability
group that (1) provide for maintaining a woodland, (2) achieve wood crop
production objectives, and (3) are compatible with primary or secondary uses
of wooded lands for forage production, windbreaks and shelterbelts, recreation,
wildlife habitat improvement, watershed protection, pollution abatement, or
environmental enhancement.
Wildlife Land—Resource management systems needed to attract, support, and
produce desired species of fish and wildlife as primary crops or products.
Applicable conservation practices are to be included in resource management
systems of other land uses in which fish and wildlife are secondary or
tertiary crops or products.
Recreation Lancl—Resource management systems by suitable soil groupings needed
for appropriate outdoor recreation use according to development and treat-
ment needs.
Urbanizing Land (land for commerce, industry, community services, residences,
transportation services)—Resource management systems required for reducing
or overcoming site limitations, for erosion and sediment control, and for
enhancing esthetic values.
Surface Mine Areas—Resource management systems required for erosion and
sediment control, reclamation, and preservation of esthetic and wildlife
value.
Farmstead or Headquarters—Resource management systems needed to control
erosion, control pollutants, and preserve or enhance esthetic or wildlife
values.
Natural Areas (usually characterized as marsh, forest land, rangeland,
or water areas)—Resource management systems needed to preserve the unique
character of the natural area.
Other Land Areas.
Wetland Management Systems
Wetlands (see USDI Circular 39)—Resource management systems needed to protect
wetlands from siltation, burning, drainage, or pollution and to improve their
value for fish and wildlife.
Stream Management Systems
Streams and Rivers—Resource management systems required to use, protect,
and stabilize a watercourse.
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Water Management System
Ponds, Lakes, and Reservoirs—Suitable alternative uses and the
necessary resource management system for each use.
Diffused Surface Water—Resource management systems needed to prevent erosion,
control pollutants, and improve soil-moisture relationships.
Ground Water—Resource management systems needed to maintain ground water
supplies and to prevent ground water pollution.
Estuaries and Shores—Resource management systems needed to protect and
stabilize an estuary or shore area.
Fish Farming—Resource management systems needed to achieve production
objectives and control fish wastes.
Waste Management System
Waste Utilization and Disposal--Alternative conservation practices or
resource management systems for using and disposing of wastes without
adversely affecting soil, water, or related resources.
Resource Management System Development and Use
The development of a resource management system is generally
influenced by four main factors:
--The objectives to be achieved
--The kind of soil
--The kind of climate
--The land use or management system in the case of streams,
water areas, waste disposal, and the like
Three major objectives are recognized when conservation districts
provide aid to cooperators. These objectives are:
Essential treatment to protect the resource base. Included are those
conservation practices and management measures considered the minimum treat-
ment necessary to meet this objective. They are accounted for in all con-
servation plans.
Additional treatment to improve quality of the environment. Included
are those conservation practices and measures which may be used to improve
the quality of the environment beyond the resource protection objective.
Generally, the items provide for a diversity in the landscape, allow secondary
uses of land for wildlife, or contribute to health and safety. Land users
are encouraged to plan and apply these measures.
Additional treatment to improve the standard of living. Included are
those conservation practices and measures contributing to increasing pro-
duction and economic returns beyond the resource protection objective.
See Appendix 1-2 for examples of resource management systems.
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Practice Standards and Specifications
This section of the technical guide describes the conservation
practices used in the area for which the guide has been developed. A
practice standard identifies a single conservation practice with its
conservation purpose and the conditions under which it is applicable.
Practice standards establish the minimum level of acceptable quality
for planning, designing, and installing conservation practices.
Specifications describe the minimum requirements necessary to install
a conservation practice so that it achieves its intended purpose. Specifica-
tions include some or all of the following: major elements of work to be done;
kind, quality, and quantity of materials to be used; essential details of
installation; appropriate time sequence or season of year; expected quality
of completed installation; and other technical instructions necessary for
installing or carrying out the practice.
National standards and guides to specifications for conservation
practices are contained in the Soil Conservation Service National Handbook
of Conservation Practices which recognizes well over 100 practices (see
Table 1-1E). A majority but not all of these practices provide water
quality improvement when properly applied. Several examples of specifications
are included as Appendix 1-3.
Cost-Return Information
Usually, the final section of the technical guide deals with cost-
return information.
Data is included suitable for estimating the construction, operation,
and maintenance costs for conservation practices including the cost of various
structures. Experienced yields for alternative land uses and resource manage-
ment systems are shown as well as costs of establishing the combinations of
land uses and treatments and the related returns.
Conservation Planning Assistance
To receive conservation district assistance, a landowner or operator,
group, or unit of government makes a request. Usually, anyone requesting
assistance is asked by the conservation district to make some commitment
toward resource conservation objectives compatible with conservation district
programs and long range plans. Application forms for assistance are available
at the district office (usually in the county seat), in offices of several
agricultural agencies, and from the district officials themselves.
People who apply for help usually have resource problems such as
erosion, sediment damage, flooding, irrigation, poor drainage on fields and
around buildings, agricultural waste disposal, lack of water supply, or
underdeveloped pastures and woodlands.
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Table 1-12
CONSERVATION PRACTICES
INDEX
PRACTICE NAME AND UNIT
Access Road (Ft.)
Bedding (Ac.)
Brush Management (Ac.)
Chiseling and Subsoil ing (Ac.)
Clearing and Snagging (Ft.)
Commercial Fish Ponds (Ac.)
Conservation Cropping System (Ac.)
Contour Farming (Ac.)
Contouring Orchard and Other Fruit
Area (Ac.)
Cover and Green Manure Crop (Ac.)
Critical Area Planting (Ac.)
Crop Residue Use (Ac.)
Dam, Diversion (No.)
Dam, Multiple-Purpose (No. & Ac. Ft.)
Debris Basin (No.)
Deferred Grazing (Ac.)
Dike (Ft.)
Diversion (Ft.)
Drain System Structure (No.)
Drainage Land Grading (Ac.)
Emergency Tillage (Ac.)
Farmstead and Feedlot Windbreak (Ac.)
Fencing (Ft.)
Field Border (Ft.)
Field Windbreak (Ft.)
Firebreak (Ft.)
Fish Raceway (Ft.)
Fish Stream Improvement (Ft.)
Fishpond Management (No.)
Floodwater Diversion (Ft.)
Floodwater Retarding Structure
(No. & Ac. Ft)
Floodway (Ft.)
Grade Stabilization Structure (No.)
Grassed Waterway or Outlet (Ac.)
Grasses and Legumes in Rotation (Ac.)
Grazing Land Mechanical Treatment (Ac.)
Heavy Use Area Protection (Ac.)
Hedgerow Planting (Ft.)
Hillside Ditch (Ft.)
Irrigation Canal or Lateral (Ft.)
Irrigation Field Ditch (Ft.)
Irrigation Land Leveling (Ac.)
Irrigation Pit or Regulating Reservoir (No.)
Irrigation Pit
Regulating Reservoir
Irrigation Storage Reservoir (No. & Ac.Ft.)
Irrigation System (No & Ac.)
Drip (No. & Ac.)
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Sprinkler (No. & Ac.)
Surface & Subsurface (No.&
Ac.)
Irrigation System, Tail water Re-
covery (No.)
Irrigation Water Management (Ac.)
Irrigation Water Conveyance (Ft.)
Ditch and Canal Lining (Ft.)
(Nonreinforced Concrete)
Flexible Membrane
Galvanized Steel
Pipeline (Ft.)
(Aluminum Tubing, Plastic
Tape Coated)
(Asbestos-Cement)
(Nonreinforced Concrete)
(High Pressure Underground
Plastic)
(Low Head Underground Plastic)
(Steel)
(Reinforced Plastic Mortar)
Land Clearing (Ac.)
Land Smoothing (Ac.)
Lined Waterway or Outlet (Ft.)
Livestock Exclusion (Ac.)
Minimum Tillage (Ac.)
Mole Drain (Ft.)
Mulching (Ac.)
Obstruction Removal (Ac.)
Open Channel (Ft.)
Pasture and Hayland Management (Ac.)
Pasture and Hayland Planting (Ac.)
Pipeline (Ft.)
Planned Grazing Systems (Ac.)
Pond (No.)
Pond Sealing or Lining (No.)
Flexible Membrane (No.)
Soil Dispersant (No.)
Bentonite (No.)
Cationic Emulsion - Water-Borne
Sealant (No.)
Asphalt Sealed Fabric Liner (No.)
Prescribed Burning (Ac.)
Proper Grazing Use (Ac.)
Proper Woodland Grazing (Ac.)
Pumped Well Drain (No.)
Pumping Plant for Water Control (No.)
Range Seeding (Ac.)
Reclamation of Surface Mined Land
Recreation Area Improvement (Ac.)
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PRACTICE NAME AND UNIT con'd
Recreation Land Grading and Shaping (Ac.)
Recreation Trail and Walkway (Ft.)
Regulating Water in Drainage Systems (Ac.)
Rock Barrier (Ft.)
Row Arrangement (Ac.)
Spoil bank Spreading (Ft.)
Spring Development (No.)
Stock Trails and Walkways (Ft.)
Stream Channel Stabilization (Ft.)
Streambank Protection (Ft.)
Stripcropping, (Ac.)
Contour (Ac.)
Field (Ac.)
Wind (Ac.)
Structure for Water Control (No.)
Stubble Mulching (Ac.)
Subsurface Drain (Ft.)
Surface Drainage (Ft.)
Field Ditch (Ft.)
Main or Lateral (Ft.)
Terrace (Ft.)
Toxic Salt Reduction (Ac.)
Tree Planting (Ac.)
Trough or Tank (No.)
Vertical Drain (No.)
Waste Management System (No.)
Waste Storage Pond (No.)
Waste Storage Structure (No.)
Waste Treatment Lagoon (No.)
Waste Utilization (No. & Ac.)
Waterspreading (Ac.)
Well (No.)
Wildlife Upland Habitat Management (Ac.)
Wildlife Watering Facility (No.)
Wildlife Wetland Habitat Management (Ac.)
Windbreak Renovation
Woodland Direct Seeding (Ac.)
Woodland Improved Harvesting (Ac.)
Woodland Improvement (Ac.)
Woodland Pruning (Ac.)
Woodland Site Preparation (Ac.)
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Individuals and organizations in towns, or the city or county govern-
ment itself, may be concerned with problems such as erosion and sediment
pollution from highways, shopping centers, airports, subdivisions, or other
new construction. They may also want information on soils to determine their
suitability for various urban purposes such as housing, recreation, waste
disposal, road construction, and the like.
When the district officials approve an application for services, they
assign a professional conservationist to assist the cooperator.
Ordinarily, the assistance rendered results in the development of a
resource conservation plan. The planning process is a joint effort in which
the conservationists' technical knowledge is pooled with the knowledge and
experience of the land users with a view toward planning and applying
needed conservation measures and treatments.
Planning Sequence
Briefly, the general sequence of planning may be described as follows:
Providing Information—making the public aware of conservation district
assistance
Requesting Assistance—land user(s) apply to district for help
Determining Objectives—applicant's needs and goals
Providing Soil and Water Inventory Data—getting the facts
Interpreting Inventory Data—for specific application to land users
Developing Conservation Alternatives—alternative land use and treatment
possibilities
Making Decisions—land users select from alternatives and decide on specific
uses and treatments
Recording Decisions—decision recorded in conservation plan
Implementing Decisions—land user(s)
Reevaluating and Updating—periodic follow-up with land user(s) resulting
from changes in use or technical advances
The professional conservationist in his planning assistance draws
heavily on the technical guide materials. He is also assisted by specialists
who are available to provide information on soils, agronomy, engineering,
biology, range, forestry, recreation, and other elements that may be involved
in resource management.
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Conservation Plan
The conservation plan, a copy of which is furnished to the land user(s)
and a copy retained by the district, includes:
Conservation plan map(s)
Soil survey (soil map, soil descriptions and interpretations)
Water, plant, animal, and other inventory and management information
with needed interpretations and evaluations
Record of decisions contributing to the land use(s) and conservation
treatments)
Alternatives for land use(s) and conservation treatment(s) for which
decisions have not yet been made
Record of understanding as to cooperation between cooperator and
the district
Other information useful to the land user(s)
Examples of several key elements of the conservation plans are
shown in Appendix 1-4.
Conservation Application Assistance
During or following development of the conservation plan, the district
makes available the services of conservation personnel to give on-site
assistance in the application of the conservation practices and treatments.
Such assistance is subject to the priorities of the district and the total
manpower available.
For the simpler types of practices, "job sheets," "how to do it"
pamphlets, planting guides, and the like are frequently provided to the
cooperator. For the more complex practices such as terraces, dams, lagoons,
debris basins, irrigation and drainage systems, etc., assistance may include
soil and site investigations, engineering surveys, designs and specifications,
construction plans, and the layout of practices on the cooperator's land.
The practice standards and specifications portions of the technical
guides are particularly applicable in these undertakings.
U.S. FOREST SERVICE/STATE FORESTRY AGENCIES
The Forest Service (FS) of the U.S. Department of Agriculture has
responsibilities for certain federal activities, including the management of
National Forests and Grasslands. Through its state and private forestry
activities, it provides national leadership for the protection, development,
management, and use of private and other non-federal forest lands.
The Forest Service cooperates with and shares responsibilities with
other agencies and organizations. The principal "partner" in carrying out
these cooperative forestry programs is the forestry agency in each state
which works directly with landowners and local units of government, including
conservation districts.
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An important function of the conservation district in this
cooperative program is to serve as the contact between woodland owners
and various sources of assistance such as the state forester and agencies
such as the Agricultural Stabilization and Conservation Service, the Cooperative
Extension Service, and the Soil Conservation Service.
Technical Standards
Through its research efforts, administration of the National Forests
and Grasslands, and state and private forestry activities, the Forest Service
has developed technical standards and materials dealing with such areas
as timber management, multiple use management, watershed management,
transportation systems management, and others.
While some of this information may be available at conservation
district or state forestry agency offices, most is only obtainable from
Forest Service sources such as its national, regional, or National Forest
offices.
An example of Forest Service erosion control guidelines (roughly
analogous to the Soil Conservation Service resource management system
concept) is shown in Appendix 1-5.
Forest Management Plans
The conservation plan typically developed with conservation districts
is described earlier in this chapter. The plan, developed for the land user's
entire property and which may include a segment on forestry, is prepared on
the basis of the land user's desires for the use of his land, modified by
the potentials and limitations of his soil and water resources.
The land user is encouraged by the conservation district to secure
more detailed forestry assistance from the local state forestry representa-
tives and consulting or industrial foresters who can assist him develop and
carry out a forest management plan. A publication jointly developed by
the National Association of Conservation Districts, the U.S. Forest Service,
and the National Association of State Foresters discusses the desirability
of foresters working with the Soil Conservation Service and other agencies
and organizations assisting the land user. When this is done, the forest management plan
fits into and becomes part of the total conservation plan for the same
property. Through such working arrangements, the state forestry representa-
tive is able to utilize soil survey and other pertinent information in
developing the forest management plan.
Forestry Application Assistance
Many landowners lack the necessary equipment, time, training, or
labor to carry out some forestry practices. Conseauently, the
availability of well trained, supervised work crews with tools, equipment,
and expertise often determines whether or not the job will be accomplished.
Many conservation districts organize or contract for work crews with trained
leaders for their cooperators. Most state forestry agencies provide trees,
and some make tools and/or equipment available. Consulting foresters and
forest industries also may provide supervised labor crews, trees, tools,
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and equipment to accomplish forestry work on private lands. Through the
conservation district and with the help of cooperating agencies and indi-
viduals, the landowner can be referred .to the most appropriate source of
assistance for his particular job. .- ;-.
BUREAU OF LAND MANAGEMENT
Resources managed and leased by the Bureau of Land Management (BLM)
of the U.S. Department ofthe Interior include timber, minerals, geothermal
energy, wildlife habitat, livestock forage, recreation and cultural areas,
and open space. While many of these resource areas are encompassed in
conservation district programs, those associated with range and grazing
management are particularly relevant. District interest centers not only
on the use and care of the public lands, but on the intermingled and
associated private lands as well. Close working relationships are needed
to achieve effective coordination of efforts and wise use of the resources.
Technical Standards
The Bureau of Land Management has developed a considerable variety
of technically-oriented surveys, procedures, standards, and evaluation
techniques to aid in its range and grazing management programs.
Physical Resource Studies
Among the more important resource inventories are those associated
with forage surveys, soil investigations, and range suitability classifications,
Range studies are conducted as needed to provide vegetative and soils
data, utilizing a stratification/key area/key species concept. Crucial
areas for wildlife, watershed, and other values are also identified. Study
methods employed include actual use determinations, utilization studies
and trend information, and certain supplementary study techniques and
procedures.
Grazing Management Systems
A grazing management system is defined as a method of manipulating
livestock grazing to sustain desired levels of both vegetative and livestock
production, consistent with multiple use. Physical resource study data and
other information are interpreted to establish the systems and to achieve
coordination with other resource uses. The systems are a basic component
of the Bureau's allotment management planning.
Grazing management system design may be influenced by multiple
use management goals which act as constraints upon the grazing system.
Examples of such goals include soil stabilization, watershed protection,
increasing grazing capacity, improving wildlife habitat, permitting
vegetative reproduction, etc.
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Management Practices
The Bureau of Land Management has developed a number of management
practices and standards for construction of all range improvements on
public lands administered by the agency. Range improvements are an integral
part of the planning for improvement and management of the resource and are
installed to facilitate multiple use.
Generally, the Bureau of Land Management's management practices include
the following categories:
Water Developments—designed chiefly to improve distribution of animals
on the range, both livestock and wildlife populations.
Fencing—designed to gain proper distribution and utilization of the
range and to carry out a plan of grazing.
Stock Trails--designed to obtain more uniform utilization.
Land Treatment—designed chiefly to provide an improved vegetative
cover, prevent surface runoff, allow precipitation to be absorbed into the
soil, increase forage yield, and hold soil in place.
Several examples of Bureau of Land Management standards and specifications
are included as Appendix 1-6.
Allotment Management Plans
A basic procedure used by the Bureau of Land Management is that of
allotment management planning. It has as its objective the establishment
of a grazing management program which obtains and sustains stable soil and
watershed conditions and a dependable supply of forage in balance with other
multiple uses. It also serves to provide continuity to the range management
program.
An "allotment" is defined as an area designed for grazing use under one
plan of grazing management. The allotment may contain several use areas
or pastures and may be used by one or more livestock operators.
An allotment management plan (AMP) is defined as a concisely written
program of action designed to reach specific management goals. It serves
as a pattern for implementing the necessary improvement and management practices
to achieve the goals set out in the plan.
Coordination is emphasized in the planning process—coordination of
grazing use with other resources and with the use of associated lands,
both federal and non-federal.
The major components of an allotment management plan include:
General Information. A concise statement of the condition of the range
resources (forage, soil, watershed, etc.) and a description of the resource
use problems and conflicts. Ordinarily it contains a map, description of
the area, applicable resource data, and existing land treatment and range
improvement works.
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Objectives. The detailed objectives for a specific allotment are set
forth indicating specific items to be accomplished such as quantity and
quality of forage, protecting crucial wildlife habitat, erosion control
measures, etc.
Grazing Management System. A description of the grazing system to be
used in achieving the objectives of the allotment management plan.
Range Studies. A brief discussion of all range studies, including
actual use information, needed to evaluate the effectiveness of the grazing
system in meeting the objectives of the plan.
Needed Improvement Practices. A detailed description of the proposed
range improvement and treatment projects needed to facilitate the management
of the allotment.
Agreement. Signature by the permittee(s) and the Bureau of Land
Management district manager.
Grazing Administration
The Bureau of Land Management organization at the field level consists
of land management districts or areas of responsibility which encompass
public lands. These lands may be within organized grazing districts, public
lands outside grazing districts, other reserved federal lands, or non-federal
lands leased under the Pierce Act. They may also be privately owned or
controlled lands administered under exchange-of-use agreement. Each district
is under the direction of a district manager.
In general, the objective of grazing district administration is to obtain the
optimum sustained yield of forage for use by livestock and wildlife in
balance with a multiple use program. The program should be designed to
enhance and perpetuate range resources and facilitate maximum economic
use consistent with long term objectives. Range resources include forage,
soil, watershed, recreation and esthetic values, and wildlife habitat.
Awards of grazing privileges on those public lands administered by
the Bureau are achieved through various license, permit, and lease procedures.
Allotment management plans are emphasized for the management of livestock
grazing to attain resource management objectives. While the plans are
voluntary, the key features are nevertheless reflected in specific license
and permit stipulations.
Allotment management plans are developed in cooperation with the user
to provide for the proper use and conservation of the public lands, to
coordinate with the use of private lands, and to provide flexibility of
operation consistent with the objectives of the plan. Where the operator
is in agreement, the plan may include those private lands normally used in
conjunction with public lands.
Through cooperative agreements and other arrangements, lessees
are authorized to construct and maintain improvements such as seeding,
brush removal, fencing, and other facilities.
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COORDINATED PLANNING
From time to time needs surface which are best handled through the
development of coordinated planning agreements and procedures. Generally,
these needs relate to situations involving public lands which are inter-
mingled with or adjacent to private lands or where agency missions and
services are potentially duplicative.
In such instances, conservation districts, working through the
National Association of Conservation Districts, have sought various forms
of coordination designed to expand assistance to cooperators and to assure
an orderly development of sound resource planning efforts.
Coordination of Conservation Planning/Resource Planning
(Bureau of Land Management, Forest Service, Soil Conservation Service)
In January, 1975, a memorandum of understanding was developed,in con-
sultation with the National Association of Conservation Districts, between
the Bureau of Land Management, the Forest Service, and the Soil Conservation
Service. Its purpose was to establish policy and general guidelines for use
by the three agencies for coordinating certain activities in resource planning
and in working with conservation districts, state and local agencies, private
landowners who are conservation district cooperators, and others in developing
and implementing sound resource management and conservation programs. The
agreement is included as Exhibit 1-1.
Coordination of Range Programs on Non-Federal Forest Lands
and Inventory of Forests and Rangelands
(Forest Service and Soil Conservation Service)
A recent agreement developed between the Forest Service and the Soil
Conservation Service, and concurred in by the National Association of
Conservation Districts and the National Association of State Foresters,
had as its purpose the clarification of range technical assistance
responsibilities for non-federal forested range and inventory responsibilities
on non-federal forests and rangelands. The agreement seeks to promote
harmonious working relationships between the two agencies and to prevent
duplication of effort. The agreement is included as Exhibit 1-2.
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Exhibit 1-1
UNITED STATES UNITED STATES UNITED STATES
DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE DEPARTMENT OF INTERIOR
Soil Conservation Service Forest Service Bureau of Land Management
Washington, D.C. 20250 Washington, D.C.20250 Washington, D.C. 20240
I. PURPOSE
This memorandum of Understanding, developed in consultation with the National
Association of Conservation Districts, establishes the policy and general guidelines
for use by the Bureau of Land Management (BLM), Forest Service (FS), and Soil Conser-
vation Service (SCS) for coordinating certain of their activities in resource planning
and for working with Conservation Districts, State and Local agencies, private land-
owners who are conservation district cooperators, and others in developing and imple-
menting sound resource management and conservation programs.
The May 19, 1971, agreement between BLM and SCS is hereby superseded.
II. POLICY
The Bureau of Land Management, Forest Service, and Soil Conservation Service will
cooperate to the fullest degree possible in preparing an implementing resource manage-
ment plans on operating units, allotments and other resource areas made up of inter-
mingled or adjacent BLM and FS administered lands (hereinafter called public lands)
and lands controlled by Conservation District (CD) cooperators (hereinafter called
private lands).
The agencies cooperating on particular operating units or allotments will vary
depending upon the landownership pattern within the planning area. The signatory
agencies will seek to cooperate with all owners or manager of land and resources
within each specific area—including states, counties, or private owners. Other
agencies and organizations will be involved as needed and appropriate.
III. AUTHORITY
BLM, FS, and SCS operate under separate legislative authorities and departmental
policies including the following:
A. Soil Conservation Act, Public Law 46, 74th Congress, 1935, as amended,
and Reorganization Plan No. IV, 1940, (16 U.S.C. 540a-f) and Comptroller
General's Decision B-115665 (33C.G. 133), October 1, 1953.
B. The Taylor Grazing Act of June 28, 1934 (48 stat. 1269; 43 US Code 315
as amended).
C. National Environmental Policy Act of 1969, Public Law 91-190, 91st Congress,
January 1, 1970.
D. Memorandum of Understanding between USDA and USDI dated April 20, 1942.
E. Joint BLM-SCS Memorandum of April 10, 1964.
F. The Organic Act of June 4, 1897 (30 Stat. 35, as amended; 76 Stat. 1157;
16 U.S.C. 551).
G. The Multiple Use-Sustained Yield Act of June 12, 1960, (74 Stat. 215,
16 U.S.C. 528-531).
H. Title III, Bankhead-Jones Farm Tenant Act of July 22, 1937 (50 Stat.
525) as amended 76 Stat. 745), 7 U.S.C. 1010-1012.
I. Memorandum of Understanding between the Forest Service and Bureau of
Land Management dated October 26, 1966.
J. Wild Free-Roaming Horses and Burros Act—P.L. 92-195 (85 Stat. 649,
16 U.S.C. 1331-1340).
K. All other applicable statutes and regulations not specifically referred
to above relating to BLM, FS, and SCS programs.
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IV. RESPONSIBILITY
A. Tbe BLM and FS plan and conduct multiple-use resource management and conser-
vation programs on lands under their jurisdiction. FS also has responsibili-
ties to demonstrate and promote sound grasslands agriculture and conservation
practices on the National Grasslands and areas of which they are a part.
B. The SCS provides technical and financial assistance to conservation district
cooperators and participants in USDA cost-share programs for planning and
applying authorized conservation programs on privately controlled lands.
C. The Conservation Districts, which are legal subdivisions of state government,
develop annual and long-range programs, secure and coordinate assistance from
appropriate agencies and organizations, encourage and enter into cooperative
agreements to assist individuals, groups, and units of government in conser-
vation planning and application, provide means for determining local atti-
tudes and objectives, and serve as catalysts to develop and maintain local
interests in and support for conservation and development of resources.
V. OBJECTIVES
The objectives of coordinated resource planning are:
A. To promote cooperation between agencies and individuals to improve manage-
ment and compatible use of the resources for which each is responsible.
B. To implement resource management plans to achieve compatible resource uses
based on sound ecological relationships for logical management areas such
as operating units, grazing allotments, and subwatersheds.
C. To optimize a sustained flow of food, fiber, and other goods, services and
benefits from such lands while at the same time protecting and enhancing
environmental qualities.
VI. GENERAL CONSIDERATIONS
A. Interagency reimbursement will not be made for planning and application
assistance done under this memorandum.
B. BLM and FS will contact users of the public lands that are included in planning
areas under their jurisdictions, and will retain responsibility for meeting
all requirements of the laws and regulations pertaining to the use and manage-
ment of these lands.
C. Cooperator contacts and followup assistance will normally be made by the
agency having primary planning responsibility or will be mutually agreed
upon before the onset of planning.
D. When any practices, structures, or projects are to be applied to or installed
upon public lands under the jurisdiction of the BLM or FS, authorization
must be obtained from the appropriate agency prior to initiation of the action.
E. The , priorities and management objectives for BLM and FS administered lands
will be determined through the responsible agency's planning system.
However, special consideration normally will be given to resource areas
presenting opportunities for coordinated resource planning.
F. Conservation districts will be encouraged to have memoranda of understanding
with BLM, FS, and/or other appropriate public land agencies at the local level.
G. When requested by the administering agency, SCS may provide technical assis-
tance on public land intermingled or adjacent to private lands covered by
a resource management pin when results benefit the private land.
H. Where State and private forests and related lands are involved the Forest
Service will discharge its responsibilities through the appropriate State
organization.
STATE COORDINATION
STATE EXECUTIVE GROUP— The State Director (BLM), State Conservationist (SCS),
and Regional Forester and/or Area Director (FS) will comprise this group.
The chairman, State Conservation Commission, Committee, or Board, as
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appropriate, will be invited and encouraged to become a member. This group
will develop and put into effect supplemental agreements, as needed, to meet
the objectives of this memorandum, including procedure for specific programs
to achieve agency coordination and cooperation throughout the State. They
will meet annually to review progress, outline a course of action with
appropriate followup, and otherwise facilitate coordination of agency
procedures and programs. Representatives of the State Association of CD's and
other appropriate State and Federal agencies such as State land, forestry,
and wildlife agencies will be invited to participate in this meeting.
B. STATE TASK GR8UP--This group will follow through with implementation of
coordinated planning in the state. It shall be small in number but include
representatives of major land and resource agencies including BLM, SCS, FS,
and appropriate state agencies.
C. Conservation District Meetings—When invited by the CD, the BLM, SCS, and
KS, as appropriate, will present reviews of proposed resource activities
of concern to the District. Other agencies involved in the coordinated
approach will be encouraged to do the same. The CD's will be encouraged
to give due consideration to such activities when developing long-range
program? and assigning priorities and work schedules for inclusion in
their annual work plan.
VIII. INITIATING, PLANNING AND SCHEDULING
A. Initiation-- The State Executive Group will arrange to acquaint field
personnel with this memorandum to assure mutual understanding and
interpretation.
B. Planning-- Active participation by all key participants, from inception
to completion of the planning process, is essential. The planning team
should include representatives from all landowners and resource
administering agencies within the oprating unit, allotment, or resource
area. A team leader should be designated for each planning unit considering
such items as landownership pattern, location of the area, time and man-
power needs and resources involved. Where full-time agency participation
is not warranted, suitable review of the arrangements should be made at
the local level so interagency coordinated planning can proceed with
reasonable assurance that the final plan will be acceptable to all.
C. Scheduling-- Each agency and group has its own program of activities
for which priorities are established. Coordinated resource planning should
be made to dovetail with each agency's activity schedule. This requires
a reasonable amount of give-and-take between agencies and with conser-
vation districts in the selection and assignment of priority to requests
for coordinated plans. The State Executive Group will jointly prepare
guidelines useful at the county and local levels in determining
priorities, assigning responsibilities, and scheduling needed assistance.
IX. MODIFICATION
This agreement shall remain in effect until modified by the parties in
writing; and is renegotiate at the option of any one of the parties.
ENDORSEMENT APPROVAL
deri Nonactton of
Administrator, Soil Conservation Service
JAN l o
irector, Bureau of Land Management
-------
Exhibit 1-2
Agreement for Coordination of Range Programs on Nonfederal Forest
Lands and Inventory of Forests and Rangelands
United States Department of Agriculture
Forest Service--Soil Conservation Service
I. INTRODUCTION
The Forest Service (FS) and Soil Conservation Service (SCS) each have long-
standing statutory and delegated authorities relative to range programs for
nonfederal forest lands and for inventory activities on forests and rangelands.
It is essential that each agency's role and responsibilities in these activities
be defined and understood to avoid duplication of effort and make maximum effective
use of manpower and monetary resources.
II. PURPOSE
This agreement is intended to promote harmonious working relations between the
two agencies at all levels and to clarify (1) range technical assistance responsi-
bilities for nonfederal forested range (grazable woodland),—< and (2) inventory
responsibilities on nonfederal forests and rangelands.
III. POLICY
Inventory responsibilities of each agency are separate from responsibilities for
technical assistance to landowners and users.
SCS and FS will cooperate fully within the scope of each agency's authorities in
carrying out programs of technical assistance to owners and users of nonfederal
forested range.
FS and SCS will coordinate resource inventories to avoid overlap or duplication
of data collection activities. They will cooperate in identification of data
needs and will use data developed by each other and by other agencies or groups
as may be applicable to the programs they administer.
IV. RESPONSIBILITIES
A. Technical Assistance
1, SCS will provide range technical assistance on request to landowners
and users of nonfederal forested range. Such assistance will normally be provided
through conservation districts as a part of SCS responsibility for conservation
planning including assisting landowners and users with land use decisions.
2. FS will work indirectly with landowners and users of nonfederal
forested range through appropriate State and Federal agencies, consultants, and
others in its cooperative forestry programs.
I/ For purposes of this agreement, the terms "forested range" and "grazable
woodland" are deemed to be synonomous and are defined as, "forest land with
a plant understory usable by grazing and browsing animals in harmony with
wood production and other forest values."
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3. SCS will cooperate with State forestry organizations to assure
,that all land use alternatives are presented and that forest management is fully
integrated into conservation plans developed with landowners and users.
4. FS will work with State forestry organizations to enhance their
knowledge of forested range, forage potential, and grazing opportunities so that
they can reflect these values in advising forest landowners with regard to
multipurpose resource management.
5. FS will encourage appropriate State agencies to work closely with
SCS and conservation districts to help landowners make full use of existing SCS
technical assistance on forested range.
6. FS and SCS will work together and with other agencies and organiza-
tions to identify research needs for forested range and to interpret and disseminate
research information to appropriate users.
B. Inventories
1. FS and SCS will work together on inventory programs for nonfederal
forests and rangelands to identify data needs, avoid duplication of effort, and
assure that data collected by each agency are mutually usable.
2. SCS will be responsibile for forage resources inventory on nonfederal
lands.
3. FS will be responsible for timber resource inventory on all
lands.
4. Land Inventory and Monitoring (SCS) and Resources Evaluation (FS)
personnel will meet regularly to assure coverage, avoid duplication, develop
common methodology and standards, and broaden opportunities for sharing of
information.
V. OTHER CONSIDERATIONS
A. Both savannas and natural grasslands invaded by mesquite or other low
value trees will be considered rangelands unless the landowner or user chooses
to manage the land primarily for wood products. Landowner's land use intentions
will determine the kind of technical assistance and the agency or agencies
responsible for delivery.
B. This agreement recognizes the policies set forth in the following:
1. Memorandum of understanding of SCS, FS, and ERS pertaining to
comprehensive river basin planning, April 15, 1968.
2. Tripartite memorandum of ES, SCS, and FS pertaining to forestry,
February 11, 1974.
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3. Joint memorandum of understanding of B1M, FS, and SCS pertaining
to coordinated resource planning, January 1975.
C. Cooperation with other agencies and organizations having responsibilities
or interests in activities covered by this agreement is important.
D. Existing memoranda of understanding between conservation districts and
State forestry agencies are recognized and will be used to further the purposes
of this agreement.
E. Procedures for implementing this agreement may be developed locally in
consultation with officials of conservation districts and State organizations.
F. Interagency reimbursement will not be required but may be made under
separate agreement as appropriate.
VI. MODIFICATION
This agreement shall remain in effect until cancelled or modified by the parties
in writing. It may be amended or supplemented to include agreement by other
agencies or groups, as appropriate.
APPROVED :
Date
Administrator
Soil Conservation Service
Forest Service
CONCURRED:
^dent
National Assocfi-^ti^r/ of
Conservation Districts
Date
President
National Associa'
of State Foresters
Date
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CHAPTER TWO
PLANNING BOUNDARIES
40 CFR Part 131.11
(a) Planning boundaries. A delinea-
tion, on a map of appropriate scale, of
the following: (1) The approved State
planning areas included in the State
planning process submitted and approved
pursuant to § 130.41 of this Chapter
and areawide planning areas designated
pursuant to § 130.13 of this Chapter.
(2) Those areas in which facilities
planning has been deemed necessary by
the State pursuant to § 35.917-2 of this
Chapter.
(3) The location of each water quality
and effluent limitation segment identified
in § 131.1Kb) (2) .
(4) The location of each significant
discharger identified in I 131.11(c).
(5) The location of fixed monitoring
stations.
(NOTE: Such monitoring station loca-
tions may be omitted if such locations
are available in the EPA water quality
information system).
INTRODUCTION
The governor of each state is required to designate a state agency to
be responsible for the overall conduct, coordination, and development of
the state water quality management plan. The governor may also designate
areawide planning areas within the state to develop areawide water quality
management plans through a single representative organization. In non-
designated areas, the state assumes responsibility for plan development.
DISTRICT INVOLVEMENT
Conservation districts can provide advice and counsel on boundaries
(if not already established) or on boundary modifications based on various
district activities: their experiences in working with such multi-county
groups as economic development districts, councils of government, and regional
planning commissions', and their involvement in resource conservation and
development projects and the several types of river basin surveys and
investigations.
Representatives of districts could serve as members of the planning
agencies or on advisory boards. As a means of fostering better communications
and working relationships, districts could form area associations coterminous
with the area and state planning areas.
In the event interstate agreements are needed for coordination purposes,
districts could provide advice and counsel on the needs, format, and appro-
priate agencies and entities to be included.
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Resource information is available in conservation districts to help
locate the water quality and effluent limited segments. Details con-
cerning possible district aid and involvement are covered in the
discussions on the Element (b), (d), and (j) tasks in Chapters Three,
Five, and Eleven.
Local knowledge and judgments, together with district resource
materials, could be an aid in determining the location of fixed
monitoring stations. With funding, districts could operate and maintain
the stations.
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CHAPTER THREE
WATER QUALITY ASSESSMENT AND SEGMENT CLASSIFICATIONS
40 CFR Part 131.11
(b) Water quality assessment and seg-
ment classifications. (1) An assessment
of existing and protential water quality
problems within the approved planning
area or designated areawide planning
area, including an indentification of the
types and degree of problems and the
sources of pollutants (both point and
nonpoint sources) contributing to the
problems. The results of this assessment
should be reflected in the State's report
required under Section 305(b) of the Act.
(2) The classification of each segment
as either water quality or effluent limita-
tion as defined in § 130.2(o) of this
Chapter.
(i) Segments shall include the sur-
rounding land areas that contribute or
may contribute to alterations in the
physical, chemical, or biological charac-
teristics of the surface waters.
(ii) Water quality problems generally
shall be described in terms of existing
or potential violations of water quality
standards.
(iii) Each water quality segment
classification shall include the specific
water quality parameters requiring con-
sideration in the total maximum daily
load allocation process.
(iv) In the segment classification
process, upstream sources that contribute
or may contribute to such alterations
should be considered when identifying
boundaries of each segment.
(v) The classification of segments
shall be based on measurements of in-
stream water quality, where available.
INTRODUCTION
The main purpose of the water quality assessment and segment classifi-
cation process is to act as a preliminary indication of the type and extent
of planning required. In addition to describing water quality, the assessment
is designed to identify point and non-point source problem areas which
need to receive detailed analyses and waste load allocations.
Streams and other water bodies are classified into two types of
segments: (a) "effluent limited segments" for those that now meet state
water quality standards or will meet them after limiting the amount of
pollutants discharged; and (b) "water quality limited" for those that will
not meet state water quality standards even with discharge limitations. In
the case of the latter, additional treatment measures would be required to
reduce waste loads to the level required to meet the standards.
Element (b) and Element (d) (discussed in Chapter Five) are closely
related and much of the work would probably be done concurrently.
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DISTRICT INVOLVEMENT
Conservation districts can contribute substantially to the assess-
ment process, particularly with respect to non-point source pollution.
Districts have a great deal of resource information useful in
identifying the types and degrees of problems and sources of pollutants.
Resource data includes such items as soil surveys, conservation and group
plans, district annual and long range programs, special studies on erosion
and sedimentation (critical areas, roadsides, streambanks, surface mines,
etc.), watershed project undertakings and river basin investigations, con-
servation needs inventories, and other reports and studies. Chapter One
contains a detailed listing of typically available materials.
In addition to data, districts represent a source of local knowledge
and informed judgments, both of which could play an important part in view
of the probable scarcity of monitoring information and cause and effect
relationship studies.
The segment classifications represent a key step in water quality
management planning and should be of considerable interest to conservation
districts, for it surfaces those areas and aspects in which district
programs would be chiefly applicable. Since planning for non-point sources
under Section 208 is only required in relation to water quality needs,
non-point source planning needs to be undertaken only in water quality
limited segments.
While the segment classification process is technically oriented,
districts would be well advised to be aware of both the process and the
resultant classifications. Districts have resource data useful in the
determinations and should seek to contribute their knowledge early in
the process. They should also participate in public hearings or request
them if they have not been held.
Segments will include the surrounding land areas that contribute to
the pollution problems as well as upstream sources that may be involved.
Districts have some excellent source materials for delineating watersheds
and basins. Among other materials, the watershed portion of the conservation
needs inventory, various watershed and flood prevention project undertakings,
and river basin surveys and investigations would be applicable.
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CHAPTER FOUR
INVENTORIES AND PROJECTIONS
40 CFR Part 131.11
(c)Inventories and projections. (I)
An inventory of municipal and industrial
sources of pollutants and a ranking of
municipal sources which shall be used
by the State in the development of the
annual State strategy described in
§ 130.20 of this Chapter and the "project
priority list" described in I 35.915(c)
of this Chapter. The inventory shall in-
clude a description, by parameter, of the
major waste discharge characteristics of
each significant discharger of pollutants
based on data from the National Pollutant
Discharge Elimination System and the
associated compliance monitoring systems,
whenever available.
(2) A summary of existing land use
patterns.
(3) Demographic and economic growth
projections for at least a 20-year plan-
ning period disaggregated to the level
of detail necessary to indentify potential
water quality problems.
(4) Projected municipal and industrial
wasteloads based on § 131.11(c) (1) and
(3) .
(5) Projected land use patterns based
on § 131.11(c) (2) and (3).
INTRODUCTION
The chief aim of Element (c) is the estimation of existing and
projected wasteloads. Point source estimates are required and states
have an option to include non-point estimates as well.
Existing land use patterns are expected to be categorized so that
pollutant loadings can be assigned to each category. The demographic and
economic growth projections together with existing land use data are
expected to serve as a basis for projecting future land uses and the amount
and distribution of future wasteloads.
DISTRICT INVOLVEMENT
Districts can make significant contributions to the land use
summaries and demographic and economic projections required by this
element.
Existing land use information reflected in maps and/or reports may
already be available in many conservation districts, along with other
resource data helpful to the task. With funding, districts could undertake
the job of determining land use, building on a variety of existing data and
information.
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Similarly, districts could help in projecting land use patterns.
Some information would be available through district work in resource conser-
vation and development projects, watershed and flood prevention projects,
river basin surveys and investigations, and other multi-county endeavors.
Important, too, would be local knowledge and judgments based on trend
observations of land uses, ownerships, sales, and the like.
Land use, demographic, and economic growth projections have long
been an integral part of the various types of river basin surveys and
investigations. National Economic Projections of the Water Resources
Council have been used as well as other techniques. The Economic Research
Service could provide valuable help here as well as the land grant
universities and the several state, area, and county planning and development
agencies.
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CHAPTER FIVE
NON-POINT SOURCE ASSESSMENT
40 CFR Part 131.11
(d) Nonpoint source assessment. An
assessment of water quality problems
caused by nonpoint sources of pollutants.
(1) The assessment shall include a de-
scription of the type of problem, an iden-
tification of the waters affected (by seg-
ment or other appropriate planning area),
an evaluation of the seriousness of the
effects on those waters, and an identi-
fication of nonpoint sources (by category
as defined in § 131.11(j) contributing
to the problem.
(2) Any nonpoint sources of pollutants
originating outside a segment which ma-
terially affect water quality within the
segment shall be considered.
(3) The results of this assessment
should be reflected in the States' report
required under Section 305(b) of the Act.
INTRODUCTION
Activities associated with Element (d)--Non-Point Source Assessment--
are closely interrelated with those of Element (b)--Water Quality Assessment
and Segment Classifications. These activities are considered a basic step
to provide a preliminary indication of the type and extent of planning needed
for developing state and areawide water quality management plans.
The water quality assessment and segment classifications are designed
to provide general information for all phases of the state water quality manage-
ment planning process and to identify point and non-point source problem areas
which should receive detailed analyses and waste load allocations.
The Environmental Protection Agency's Guidelines for State and Areawide
Water Quality Management Program Development (November 1976) indicates
that the basic water quality analysis (Chapter 3 of the Guidelines) should
include the following non-point source planning information:
Assessment of non-point sources: The assessment
should indicate whether in-stream problems exist related
to runoff and what categories of runoff pollution are
suspected of causing problems.
Segment classification: Planning for non-point
sources is only required in relation to water quality
needs. Thus non-point source planning should be under-
taken in water quality limited segments including segments
classified as water quality limited as part of an anti- j
degradation policy. |
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Existing/projected wasteloads; Information on
existing/projected loads from non-point sources should
be used in the process of classifying segments. However,
since information on existing non-point source loads
is likely to be scanty, this information should be
further developed in order to choose non-point source
management practices.
Maximum allowable loads: In water quality limited
segments, a gross allotment for each parameter of pollutants
should be made (under design flow condition) for non-point
sources. This allotment provides the basis for establishing
pollution reduction levels for various non-point source
categories.
This chapter presents some observations and information pertinent to
the Element (b) and (d) tasks.
SOURCE CATEGORIZATION
EPA has suggested the following broad categories of non-point sources
for use for assessment purposes and for establishment of best management
practices:
Agricultural Activities
Silvicultural Activities
Mining Activities
Construction Activities
Urban Runoff
Hydrologic Modifications
Sources Affecting Groundwater
Residual Waste Disposal
The program may address a particular category of activity, such as
agriculture and silviculturei a particular pollutant, such as sediment;
or particular geographical areas which are determined to be sensitive or
critical. Erosion and sediment control may be applicable to practically
all of the categories and the procedures and techniques would be somewhat
similar. Moreover, a number of the categories may exist on a single land
ownership. A proliferation of management agencies and/or requirements should
be avoided to the maximum extent possible. A pollutant approach,suchas sediment
control, may be a more effective basis for selection of best management
practices in some cases.
NON-POINT SOURCE PROBLEM IDENTIFICATION
KINDS AND SOURCES OF NON-POINT SOURCE POLLUTANTS
Conservation districts have available a variety of knowledge useful
in identifying many non-point source problems (see Chapter One). Problem
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identification, when carried out to its fullest, may be a time consuming,
costly, and difficult task. However, many problems can be identified from
readily available information and experience and knowledge of local people.
Tables 1-1 to 1-9 in Chapter One list the kinds and sources of non-point source
pollutants generally included in conservation district programs. The tables
also show the various soil and water conservation measures which can
be used to reduce the pollution.
In the event the water quality analysis reveals the existence of
non-point source pollution, the lists,together with local knowledge of
the problem area, can help identify the source(s).
Figures 1 through 10 which appear at the end of the chapter illustrate
several non-point source problem conditions from which pollutants stem
and for which treatments would be needed to reduce the pollution.
INVENTORY AND EVALUATION INDICATORS
Frequently, pollution sources and/or effects are evidenced by
certain indicators. On land, the indicators generally are visual, cartographic,
or mathematical, while for water they may include visual, chemical, physical,
or biological features.
Some of the more common indicators are shown in Table 5-1, Guide to
Non-Point Source Inventory and Evaluation. These, together with the
lists of kinds and sources mentioned above, would be useful in tracing
pollution sources.
RESOURCE INFORMATION
Resource information typically available from conservation district
offices is discussed in Chapter One. In addition to soil surveys and
interpretations and maps and charts of various kinds, special surveys of
critical areas, roads, streambanks, and other areas may be available showing
sediment and other pollution sources.
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QUANTIFICATION/ASSESSMENT
.Quantitative information on sediment yields may be available. In some
conservation districts, measurements have been made of sediment accumulation
in a reservoir or lake froma known drainage area for a specific period of time.
In other conservation districts involved in small watershed projects or river
basin surveys and investigations, sediment yield data, based on a representative
sample area, would be normally available for the drainage area(s) studied.
Through a cooperating agency, the conservation district(s) may be able
to make arrangements for the services of a geologist skilled in integrating
erosion rates from numerous sources, adjusting them with sediment delivery
ratios, and estimating sediment yield on a drainage area basis.
The technical guides described in Chapter One provide useful information
on erosion control and soil loss reductions possible through the application
of resource management systems and their associated soil and water conservation
practices. These data can be used to estimate the effectiveness of various
alternatives in reducing soil losses.
Quantifying the extent of non-point source problems and the associated
best management practices needed, are discussed in Chapters Eleven and
Eighteen.
Through river basin surveys and investigations, small watershed project
undertakings, conservation needs inventories, and special drainage and
irrigation studies and surveys, a variety of information on watershed and
drainage areas is available to help define the surrounding land areas contributing
the non-point source pollution problems.
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CHAPTER SIX
WATER QUALITY STANDARDS
40 CFR Part 131.11
(e) Water quality standards. The ap-
plicable water quality standards, includ-
ing the Statewide antidegradation policy,
established pursuant to Section 303(a),
(b), and (c) of the Act and any plans
for the revision of such water quality
standards.
INTRODUCTION
The Environmental Protection Agency's Guidelines for State and
Areawide Water Quality Management Program Development points out that
water quality standards are an essential part of the state water quality
management system. The standards:
--Publicly define the state's water quality objectives, and hence form
the basis for its planning;
--Serve as the basis for determining National Pollution Discharge
Elimination System (NPDES) permit effluent limitations for pollutants
which are not specifically addressed in the effluent guidelines for
pollutants for which the effluent guidelines are not stringent
enough to protect desired uses;
--Serve as a basis for evaluating and modifying best management
practices (BMP) for control of non-point sources;
--Serve as a basis for judgment in other water quality related
programs, including water storage for regulation of stream flow,
water quality inventories, control of toxic substances, thermal
discharges, cooling lakes, aquaculture, and dredge and fill
activities; and
--Contain the state's antidegradation policy.
Water quality standards are applicable to all surface water of the
United States, including the territorial seas, and to all sources of
pollutants. The standards must be reviewed where appropriate at least
once every three years to assure that the standards are consistent with
P.I. 92-500 and regulations.
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DISTRICT INVOLVEMENT
Conservation districts should seek an understanding of the process
by which water quality standards are established and be aware of the
standards set. These standards may well have an impact on district
program efforts. Periodic reviews of the standards provide an opportunity
to participate in or request public hearings.
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CHAPTER SEVEN
TOTAL MAXIMUM DAILY LOADS
40 CFR Part 131.11
(f) Total maximum daily loads. (I)
For each water quality segment, or ap-
propriate portion thereof, the total al-
lowable maximum daily load of relevant
pollutants during critical flow condi-
tions for each specific water quality
criterion being violated or expected to
be violated.
(i) Such total maximum daily loads
shall be established at levels necessary
to achieve compliance with applicable
water quality standards.
(ii) Such loads shall take into
account:
(A) Provision for seasonal variation;
and
(B) Provision of a margin of safety
which takes into account any lack of
knowledge concerning the relationship
between effluent limitations and water
quality.
(2) For each water quality segment
where thermal water quality criteria are
being violated or expected to be violated,
the total daily thermal load during
critical flow conditions allowable in each
segment.
(i) Such loads shall be established at
a level necessary to assure the protection
and propagation of a balanced, indige-
nous population of fish, shellfish, and
wildlife.
(ii) Such loads shall take into ac-
count :
(A) Normal water temperature;
(B) Flow rates;
(C) Seasonal variations;
(D) Existing sources of heat input;
and
(E) The dissipative capacity of the
waters within the identified segment.
(iii) Each estimate shall include an
estimate of the maximum heat input that
can be made into the waters of each
segment where temperature is one of the
criteria being violated or expected to be
violated and shall include a margin of
safety which takes into account lack of
knowledge concerning the development
of thermal water quality criteria for
protection and propagation of fish,
shellfish and wildlife in the waters
of the identified segments.
(3) For each water quality segment,
a total allocation for point sources of
pollutants and a gross allotment for non-
point sources of pollutants.
(i) A specific allowance for growth
shall be included in the allocation for
point sources and the gross allotment
for nonpoint sources.
(ii) The total of the allocation for
point sources and the gross allotment for
nonpoint sources shall not exceed the
total maximum daily load.
(4) Where predictive mathematical
models are used in the determination of
total maximum daily loads, an identifi-
cation and brief description of the model,
and the specific use of the model.
(NOTE: Total maximum daily loads
shall not be determined by designated
areawide planning agencies except
where the State has delegated such respon-
sibility to the designated agency. In
those cases where the responsibility
has not been delegated, the State shall
determine total maximum daily loads for
the designated areawide planning area).
(5) No point source load allocation
developed pursuant to this section shall
be less stringent than effluent limita-
tions standards, or prohibitions required
to be established pursuant to Sections
301, 302, 304, 306, 307, 311, and 316
of the Act.
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INTRODUCTION
Element (f) calls for a technically complex estimation of the
maximum allowable daily waste loads for each water quality limited segment.
It involves determinations under both dry and wet weather conditions and may
require rather extensive data collection, analysis, and modeling.
An allotment for both point and non-point sources is to be included
and an allowance for growth is to be made in the allocations. The non-point
source allotment is expected to serve as the base for determining the
target level of non-point source loading reduction needed for all non-point
sources. The target reduction provides a guide in selecting the degree of
abatement needed for each category of existing non-point source generating
activities and in choosing best management practices (BMP).
DISTRICT INVOLVEMENT
Conservation districts may have knowledge or judgments regarding
natural or background materials which would have an effect on the loadings
as well as feasibility of control. In any event, districts should seek
an understanding of the process and participate in public hearings with
a view toward assuring a reasonable balance between point and non-point
source loadings.
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CHAPTER EIGHT
POINT SOURCE LOAD ALLOCATIONS
40 CFR Part 131.11
(g) Point source load allocations.(1)
For each water quality segment, the in-
dividual load allocation for point sources
of pollutants, including thermal load al-
locations, for the next five-year period
of the plan.
(NOTE: In those segments where water
quality standards are established at levels
less stringent than necessary to achieve
the 1983 water quality goals specified in
Section 101(a)(2) of the Act, the Regional
Administrator may request the State to
provide appropriate information, such as
wasteload allocation information which
may be relevant in making water quality
related effluent limitation determinations
pursuant to Section 302 of the Act).
(2) The total of such pollutant load
allocations or effluent limitations for
all individual point sources in the water
quality segment shall not exceed the total
allocation for the five-year period for
all point sources of pollutants for each
segment determined pursuant to § 131.11
(i)(3) .
(3) Each pollutant load allocation
established pursuant to this paragraph
shall incorporate an allowance for antic-
ipated economic and population growth
over at least a five-year period and an
additional allowance reflecting the pre-
cisions and validity of the method used
in determining such allowance.
(4) Establishment of pollutant load
allocations shall be coordinated with the
development of terms and conditions of
permits under the National Pollutant
Discharge Elimination System and with
any hearings pursuant to Section 302
and 316(a) of the Act relating to a source
discharging to or otherwise affecting the
segment.
(NOTE: Point source load allocations
shall not be determined by designated area-
wide planning agencies except where the
State has delegated such responsibility
to the designated agency. In those
cases where the responsibility has not
been delegated, the State shall determine
point source load allocations for the de-
signated areawide planning area.)
INTRODUCTION
The purpose of wasteload allocations is to formally state the actions
needed to maintain or improve the quality of the affected waters. They
are needed (a) to establish a basis for assigning effluent limitations and
for issuing permits to individual dischargers in order to meet water quality
standards, and (b) to identify and provide a basis for ranking needs of
municipalities.
As in the case of Element (f)--Total Maximum Daily Loads—to which
this element is closely related, a technically complex analysis is required
to determine point source loadings and theassociated controls needed to
meet water quality standards. While this element emphasizes point sources,
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non-point source loadings must also be taken into account to assure that
the combined total does not exceed the standards. The long term point
source load allocations may depend upon the abatement and control of
alternatives for non-point sources. Thus, in some instances, an evaluation
of tradeoffs between point and non-point source abatement will need to be
considered.
DISTRICT INVOLVEMENT
Conservation districts may have some point source information because
of their work with land users on animal waste facilities and irrigation
developments. For the most part, however, district involvement under this
element would center on seeking an understanding of the process and on
assuring a reasonable balance between point and non-point source loading
criteria. In the event of tradeoff considerations, districts may be able
to provide advice and counsel on achievable non-point source reductions.
Public hearings would provide a means for district participation.
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CHAPTER NINE
MUNICIPAL WASTE TREATMENT SYSTEMS NEEDS
40 CFR Part 131.11
(h) Municipal waste treatment
systems needs. (1) The municipal waste-
water collection and treatment system
needs by 5-year increments, over at
least a 20-year period including an
analysis of alternative waste treatment
systems, requirements for and general
availability of land for waste treatment
facilities and land treatment and dis-
posal systems, total capital funding
required for construction, and a program
to provide the necessary financial ar-
rangements for the development of such
systems.
(2) The identification of municipal
waste treatment systems needs shall take
into consideration:
(i) Load reductions needed to be
achieved by each waste treatment system
in order to attain and maintain appli-
cable water quality standards and
effluent limitations.
(ii) Population or population equiva-
lents to be served, including forecasted
growth or decline of such population
over at least a 20-year period following
the scheduled date for installation of
the needed facility.
(iii) The results of preliminary and
completed planning conducted under Step
I and Step II grants pursuant to Title II
of the Act.
(NOTE: In the absence of the Title
II planning described above, the State
is expected to develop the necessary
estimates and analyses required under
I 131.11 (h)(1).
INTRODUCTION
Element (h) involves the analysis and development of alternative
abatement measures for certain point sources of pollution stemming from
municipalities and for which municipal wastewater facilities would be needed.
A variety of facility/techniques for abatement could be applied, such
as: (a) flow and waste reduction measures (water conservation), (b) treatment
and discharge techniques (biological and/or physical-chemical treatments),
(c) wastewater re-use (groundwater recharge, surface water supply enhancement,
recreation lakes, land reclamation), and (d) land application (irrigation,
infiltration-percolation, evaporation, sludge disposal).
DISTRICT INVOLVEMENT
Conservation districts have information available that would be useful
in these analyses, notably on wastewater re-use and land applications. Soil
survey and interpretive information could be provided to describe and locate
suitable areas for disposal of wastes on land. Erosion and sediment control
treatment could be prescribed for disposal areas. Irrigation guides and other
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technical materials could be of value in analyzing possibilities for
irrigation and land reclamation approaches. Information could also be
developed for relating quantity and quality of wastes for use on specific
soils and crops. The advice and counsel districts could provide concerning
the social, economic, environmental, and prime farmland impacts of land
application systems would also be valuable.
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CHAPTER TEN
INDUSTRIAL WASTE TREATMENT SYSTEMS NEEDS
40 CFR Part 131.11
(i) Industrial waste treatment
systems needs. (I) The anticipated
industrial point source wasteload reduc-
tions required to attain and maintain
applicable water quality standards and
effluent limitations for at least a
20-year planning period (in 5-year
increments).
(2) Any alternative considerations
for industrial sources connected to muni-
cipal systems should be reflected in the
alternative considerations for such mu-
nicipal waste treatment system.
INTRODUCTION
The activities associated with Element (i) are similar to those of
Element (h), except that here the focus is on industrial point sources
requiring waste treatment. Generally, the alternative approaches to
abatement include: (a) pretreatment by industries and discharge of
wastewater to municipal systems, (b) direct treatment by an industry
or groups of industries and direct discharge to the receiving waters,
(c) re-use of industrial wastewater, and (d) land application.
DISTRICT INVOLVEMENT
Essentially the same range of conservation district services could be
provided here as for Element (h)—soil survey and interpretive
information for disposal of the wastes on land; erosion and sediment
control treatment for disposal sites; irrigation data; and advice and counsel
on the social, economic, environmental, and prime farmland impacts of land
application systems.
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CHAPTER ELEVEN
NON-POINT SOURCE CONTROL NEEDS
40 CFR Part 131.11
(j) Nonpoint source control needs.
(1) For each category of nonpoint sources
of pollutants to be considered in any
specified area as established in the
State/EPA agreement (see § 130.11 of
this Chapter), an identification and
evaluation of all measures necessary
to produce the desired level of control
through application of best management
practices may vary from area to area
depending upon the extent of water qual-
ity problems).
(2) The evaluation shall include an
assessment of nonpoint source control
measures applied thus far, the period
of time required to achieve the desired
control (see 5 131.11(m)), the proposed
regulatory programs to achieve the
controls (see | 131.11 (n)), the man-
agement agencies needed to achieve the
controls (see § 131.11 (o)), and the
costs by agency and activity, presented
by 5-year increments, to achieve the
desired controls, and a description of
the proposed actions necessary to
achieve such controls.
(3) The nonpoint source categories
shall include: (i) Agriculturally rela-
ted nonpoint sources of pollution includ-
ing runoff from manure disposal areas,
and from land used for livestock and
crop production;
(ii) Silviculturally related nonpoint
sources of pollution;
(iii) Mine-related sources of pollu-
tion including new, current and abandoned
surface and underground mine runoff;
(iv) Construction activity related
sources of pollution;
(v) Sources of pollution from dis-
posal on land in wells or in subsurface
excavations that effect ground and
surface water quality.
(vi) Salt water intrustion into
rivers, lakes, estuaries and ground-
water resulting from reduction of
fresh water flow from any cause, inclu-
ding irrigation, obstruction, ground-
water extraction, and diversion; and
(vii) Sources of pollution related
to hydrologic modifications, including
those caused by changes in the move-
ment, flow, or circulation of any
navigable waters or groundwaters due
to construction and operation of dams,
levees, channels, or flow diversion
facilities.
Note: Nonpoint source control needs
need not be determined by designated
areawide planning agencies where the
Governor has determined pursuant to
Section 208 (b) (4) of the Act that the
State will develop nonpoint source
control requirements on a Statewide
basis.
INTRODUCTION TO CONSERVATION DISTRICT INVOLVEMENT
This is a major area of the 208 water quality management planning
process in which conservation districts are in a position to play a leading
role. Conservation district program coverage, together with available
resource information and supporting technical materials, provide a direct
linkage to identifying, quantifying, and selecting control measures.
Conservation district programs involve aid in a number of non-point
source areas, especially those related to sediment pollutants, plant nutrient
and organic waste pollutants (animal wastes), and mineral salt pollutants
(irrigation), as well as other source categories.
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Major elements of assistance to land users include:
Inventory and Evaluation Assistance—providing basic inventory
data on soils, hydrology, and vegetation and interpretations and
evaluations of these data.
Planning Assistance--providing technical assistance to land users
in determining alternative land uses and treatment needs and
developing a conservation plan reflecting the land use and
treatment decisions.
Application Assistance—providing technical assistance to cooperating
land users in installing planned conservation practices including
necessary site investigations, designs and specifications, con-
struction plans, and layout of practices.
Supporting this assistance are technical guides and other technical materials
which include (1) an array of resource information, (2) soil and site infor-
mation with interpretations for various uses, (3) resource management
systems involving combinations of conservation practices and management to
improve and maintain resources and reduce pollution, (4) practice standards
and specifications, and (5) cost-return and other economic information.
(See Chapter One for a detailed description of conservation district programs
and materials available.)
BEST MANAGEMENT PRACTICES
INTRODUCTION
The term "best management practices" (BMP) originates with the
rules and regulations developed pursuant to the "Continuing Planning
Process" required by Section 208 of the Federal Water Pollution Control
Act (40 CFR, Part 130). This terminology will be used extensively in
water quality management plans with reference to the procedures and methods
for controlling non-point source pollution. It is important that the rela-
tionships between conservation treatment and application of best management
practices be fully understood.
Conservation treatment is site specific and the application of a
single practice will seldom achieve all desired effects. The combination
of conservation practices selected to meet the needs of a particular land
and water problem and to achieve desired effects is referred to as a
"resource management system." Best management practices are corollary
to this and include those agronomic, managerial, and structural practices
which are used either singly or in combination to reduce non-point source
pollution to a level compatible with water quality goals. Technical
standards can serve as a basis for planning and applying conservation
and/or best management practices.
The definition of best management practices quoted from the Federal
Register is as follows:
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The term best management practices (BMP) means a practice, or
combination of practices, that is determined by a State (or
designated areawide planning agency) after problem assessment,
examination of alternative practices, and appropriate public
participation to be the most effective, practicable (including
technological, economic, and institutional considerations) means
of preventing or reducing the amount of pollution generated by
non-point sources to a level compatible with water quality
goals. (40 CFR Part 130)
The following discussion of best management practices has been
adapted from Supplement 1 of the Environmental Protection Agency's
Guidelines for State and Areawide Water Quality Manaaement Program
Development.. Information on best management practices as applied to a
source category is contained in Appendix 11-1.
DISCUSSION
Best management practices are intended to be an acceptable basis
for management of non-point sources to protect water quality. The manage-
ment techniques (best management practices) are to be determined by
state and local government.
Point sources are defined in P.L. 92-500; non-point sources are
not defined. By inference, non-point sources are those sources that
result in diffuse runoff (seepage, infiltration, and percolation) of
pollutants to the nation's waters.
Point sources will be managed under the National Pollutant Discharge
Elimination System (NPDES). Permit issuance is based on best practical
technology (BPT) and/or best available technology (BAT). Permit issuance
and regulatory followup will be carried out by the states or by EPA where
authority for NPDES has not been delegated to the states.
Non-point sources will be managed under the authorities of Section
208. This section of the Federal Water Pollution Control Act specifies
that the states have the primary responsibility for managing and controlling
non-point sources of pollution under federal overview and with federal
assistance and cooperation. The state control program may be based upon
utilization of best management practices provided that the water quality
management program contains adequate measures for the identification of
non-point source problems; selection of such practices to correct existing
and prevent future non-point source problems; and assuring implementation
of approved, planned, or proposed practices.
Because of the variability in sources, topography, climate, soils,
etc., no one best management practice will be applicable to all activities
or situations. Best management practices must be tailored to the needs of
the particular source and to the physical conditions that will govern its
application. It is expected that state and local expertise, fully familiar
with both the sources and the physical conditions, will be utilized in the
final selection of best management practices.
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GENERAL CRITERIA FOR CHOOSING BEST MANAGEMENT PRACTICES
FOR NON-POINT SOURCES
The Federal Register definition of best management practices states
several critiera or tests which should be applied in choosing best management
practices (BMP):
1. Best management practices should manage "pollution generated by
non-point sources."
2. Best management practices should achieve water quality "compatible
with water quality goals."
3. Best management practices should be "most effective in preventing
or reducing the amount of pollution generated."
4. Best management practices should be "practicable."
1. Best management practices should manage "pollution generated by non-point
sources."
Water pollution sources can be functionally categorized in accordance
with man's activities. This type of categorization has been used in Section
208 and 304(e) of P.L. 92-500 in connection with non-point sources. It is
considered to be applicable to the selection of best management practices
to prevent or reduce pollution from these sources. As a minimum, the state
should consider the following activity categories in its establishment of
best management practices for non-point sources:
Agricultural Activities
SiIvicultural Activities
Mining Activities
Construction Activities
Urban Runoff
Hydrologic Modifications
Sources Affecting Ground Water
Residual Wastes Disposal
The use of this classification of sources should not be interpreted
as placing sources into non-point or point categories.
The interrelationship between the activities outlined above should be
considered in the selection of best management practices. It may be advan-
tageous to further categorize the non-point sources based on similar control
aspects. Utilization of sub-categorization could reduce the amount of dupli-
cation in the selection of management practices. Examples of such sub-
categorization are: (1) by similar physical conditions (e.g., soils, slope,
climate, precipitation patterns); (2) by similar land use or cover condition;
(3) by similar activities (e.g., soil disturbance—construction, strip
mining, land development); (4) by site-specific characteristics (e.g., all
activities in a single area of like condition); and (5) by pollutant to be
controlled (e.g., sediments, acidity/alkalinity, oxygen demanding materials).
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2. Best management practices should achieve water quality "compatible
with water quality goals."
Through analysis of existing water quality data and of newly
acquired data where necessary, target levels of abatement should be chosen
for each planning area in the state. Best management practices should be
selected in terms of meeting these targets. The pollutants that must be
controlled should be determined. While best management practices will
normally prevent or reduce several pollutants, the final selection of best
management practices should be related to those pollutants that must be
controlled to achieve water quality goals.
3. Best management practices should be "most effective in preventing or
reducing the amount of pollution generated."
Criteria should be selected against which the effectiveness of the
best management practices can be related. These criteria (pounds/tons per
day/week/month/year; pounds/tons per acre/square mile/basin; etc.) should
be related to the reduction of pollutants and achievement of water quality
goals. The effectiveness of the best management practices in reducing
pollutants should be fully evaluated in terms of the selected criteria.
The reduction or elimination of pollutants in the runoff, seepage,
and percolation from non-point sources can materially contribute to the
protection of the quality of the nation's waters. In general, there are
two options for accomplishing the needed reductions and/or eliminations,
namely: (1) collection and treatment of the pollutants,and (2) reduction
and/or prevention of the formation, runoff, seepage, and percolation of the
pollutants.
Collection and treatment of the runoff, seepage, and percolation of
pollutants from non-point sources may be necessary in some cases. Because
to do this is generally complex and expensive, collection and treatment
is considered to be a final measures to be utilized where other preventive
measures will not reach the necessary water quality protection goals.
Best management practices must be technically capable of preventing
or reducing the runoff, seepage, or percolation of pollutants. First
consideration should be given to those preventive techniques that have been
shown to be effective during their past use. New and innovative techniques
should be fully analyzed as to their technicial capability for preventing or
reducing pollutants prior to their consideration for incorporation into
best management practices.
While one practice (measure) may be adequate in some cases, best
management practices will generally consist of a combination of practices.
Various alternatives should be fully evaluated and the best management
practices most effectively achieving the desired level of water pollution
control should be chosen. If more than one alternative will achieve the
desired effect, the least costly alternative should be chosen.
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4. Best management practices should be "practicable."
Implementation of best management practices should be feasible
from not only the technical standpoint but also the economic, legal, and
institutional standpoints. The practicality of securing early implementation
should be evaluated in the selection of best management practices.
The primary goal of best management practices is the protection of
water quality, but expensive preventive techniques that will result in little
water quality benefits should be avoided. Best management practices must
be capable of being implemented within the financial capability of the area,
and of the owners or operators of the various sources. Side benefits as well
as the installation and operational costs should be included in the evaluation.
The final selection of best management practices should take into consideration
both the costs of the preventive techniques and the economic benefits (water
quality or otherwise) to society that will result from their use.
A number of preventive techniques which may be incorporated in best
management practices are already in widespread use within various source
categories. These techniques should receive first consideration in the se-
lection of best management practices. As far as possible, the initial
implementation of best management practices should be accomplished within
existing legal and institutional frameworks. However, if additional legal
authority is, needed, steps should be taken at an early date to secure the
needed authority.
In selecting best management practices for water pollution control,
full consideration should be given to their total effect on the environment.
Best management practices applied to prevent or reduce water pollution could
result in adverse effects on the other portions of the environment (such as
the creation of air pollution or solid waste disposal problems), which are
not only undesirable but will also delay implementation of best management
practices to control water pollution.
Table 11-1 shows examples of best management practices which might
typically apply to several different land use categories. Actual identi-
fication of the best management practices would need to be done state by
state, region by region, and/or conservation district by conservation
district. The level of refinement is enhanced at the local level since
information on land use and soil groupings can be more specifically
interpreted at that level. Selection of specific best management practices
to treat a non-point source would be accomplished through a site specific
planning procedure.
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Table 11-1
Examples of Best Management Practices
Desired Effects:
1. Effective management and control of non-point sources of pollution.
2. Water quality that is compatible with water quality goals.
3. Socially acceptable and economically practical control measures.
EXAMPLE
Land Use/System
Alternatives for Best Management Practices(BMP)
(On-site selection of component practices will
be made to attain desired effects.)
Cropland
Conservation Cropping System
Contour Farming
Grade Stabilization Structure
Grassed Waterway or Outlet
Irrigation Water Management
Minimum Tillage
Strip Cropping
Terraces
Other
Pastureland
Pasture Planting
Pasture Management
Pond
Other
Native Grazing Land
Planned Grazing Systems
Range Seeding
Fencing
Pond
Other
Surface Mine Area
Reclamation of Surface Mined Land
Diversions
Grassed Waterway
Critical Area Planting
Tree Planting
Other
Urbanizing Land
Critical Area Planting
Debris or Sediment Basin
Diversion
Grade Stabilization Structure
Grassed Waterway
Other
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LAND USE
BEST MANAGEMENT PRACTICES
Wildlife Land
Wildlife Upland Habitat Management
Wildlife Wetland Habitat Management
Streambank Protection
Other
Woodland
Woodland Improvement
Tree Planting
Woodland Improved Harvesting
Access Road
Other
Stream System
Grade Control Structures
Streambank Protection
Other Hydromodifications
Road System
Critical Area Planting
Terracing
Vegetative Soil Stabilization
Other
Waste Management System
Critical Area Planting
Diversion
Fencing
Waste Treatment Lagoon
Waste Storage Pond
Other
Standards and specifications for the above practices and many more
are found in the technical guides.
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CONTROL NEEDS (BEST MANAGEMENT PRACTICES)
IDENTIFICATION
From the information contained in conservation district technical
guides and other technical materials (Chapter One), control needs'*for a
number of the non-point pollution sources (Chapter Five) can be identified.
Photographic examples of some of the treatments (best management
practices) which can be applied to reduce non-point source pollution
are included at the end of this chapter (Figures 12 through 29). Appendix
11-2 shows in schematic form the best management practices selected for
control of agricultural non-point pollution sources in Florida.
QUANTIFICATION
The detailed practice standards and specifications of the district
are directly applicable to establishing and quantifying best management
practices, particulary for sediment, organic (animal waste), and mineral
salt (irrigation) pollutants.
Several techniques are available for estimating the kinds and amounts
of best management practices needed for the agriculturally, silviculturally,
and irrigation related sources of pollution. Sediment pollutant aspects of
urban, surface mine, construction, and residual waste disposal related
sources would probably require special studies as would hydrologic modifica-
tion related sources.
Agriculturally, Silviculturally, Irrigation Related Sources
Basically, the procedure most often used to quantify pollution measures
needed involves the use of representative samples of a watershed, basin,
or county to establish the interrelationships between land uses (or
management systems) and the kinds of soils (usually soil groupings) to
ascertain the extent of needed resource management systems/best management
practices and associated conservation practices. The data is then expanded
to the area being sampled. Of course, should a small unit be studied such
as a small sub-watershed area, complete coverage could be made.
Unless allowances are made in the estimating process for resource
management systems/best management practices already applied, the
results derived would be for total best management practices needs. Records
are available in the conservation district to estimate conservation or
best management practices applied to date, which can be subtracted from the
total needs to yield the remaining best management practices needs (the
non-point source control needs.)
Any of the techniques outlined below should yield reasonably
accurate estimates for program planning and development purposes although
the techniques presented in (b) and (d) might perhaps be more reliable
since they most closely represent field conditions.
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Data developed from these sources would be reliably indicative of
sediment, organic (animal waste), and salt (irrigation) pollutant control
needs. The information developed would also be of considerable benefit in
considering nutrient, pesticide, and pathogen pollutant problems.
Depending on how the sampling was done, some special studies might
be needed as an adjunct to the technique selected to determine sediment
control needs for such items as roads and streambanks.
Some suitable Quantification techniques follow:
(a) USDA Conservation Needs Inventory Samples
USDA's Conservation Needs Inventory was developed on the basis of
samples, statistically drawn to reflect a county as the base unit. Should
the non-point source area being studied be county or multi-county in size,
the Conservation Needs Inventory samples would be applicable.
Each sample was the subject of a soil survey and a detailed land
use determination, the basic data needed for determining the resource
management system/best management practices makeup for the sample and
by expansion for the area being studied.
One disadvantage of the Conservation Needs Inventory samples is
that the land use data is several years old (circa 1967) and might have
changed,requiring field work to update the information. An advantage
of the Conservation Needs Inventory sample approach is that the data is
computerized (Iowa State University) and can be used for a variety of
interpretations and evaluations.
(b) Conservation Plan Data
If the area being studied has a number of land units on which
conservation plans have been developed with assistance from the local
conservation district, information from representative plans could be
selected by the district for analysis. Expansion of the sample data to
the area being studied would yield the total needs.
An advantage of this procedure is that it would be largely office-
oriented and be representative of actual land unit operations.
(c) "Typical" Farm Enterprise Sample(s)
Should the area being sampled contain a relatively small variety of
farms, it might be possible to select (or construct) one or more "typical"
farms as samples. If soil and land use information is available on the
sample, the necessary best management practice needs could be established
and expanded to the area in question. If not, field work would probably
be required to gain these data.
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(d) Sub-Watershed Study
A small sub-watershed(s) could be selected as representative of a
larger watershed or basin as the unit of study for expansion purposes.
Where relatively uniform topography, climate, soils,and land use exist,
this approach would work well. Field work would probably be required to
establish the land use/soil/water quality interrelationships for determining
best management practices.
An advantage of this technique would be that adjunctive studies such
as roadside, streambank, and surface mine erosion surveys and other investi-
gations (nutrients, etc.) could be undertaken concurrently.
(e) Point Samples
Another technique which could be applied is the use of "point"
samples statistically drawn and/or randomly selected for either a sample
area or the toal area being studied. Field work would be required to
determine the land use/soil/ water quality interrelationships for determining
best management practices.
(f) Soil/Erosion Potentials
Through the use of either a detailed soil survey or general soil
map, estimates of erosion and associated sediment problems could be determined
either on a sample or general basis. While this might yield good data on
erosion potentials, the technique would not readily adapt to land use deter-
minations without considerable field work. Consequently, this would make the
best management practices needs determination more difficult and probably
less reliable.
Urban, Mining, Construction, Waste Disposal Related Sources
(Sediment Pollutants)
Unless the sediment pollutant aspects of the above mentioned sources
were included in the sample/detailed study procedure(s) outlined in the
previous section, either as a part of or as adjunctive work, special efforts
would be needed to quantify best management practices needs.
Most conservation districts have done some work on urban-suburban
erosion and sediment control. This information, pooled with that of the city/
county planning and operating agencies, should be sufficient to determine the
nature and extent of the problem. With these data, the conservation technical
guide materials could be applied to estimate best management practices needs.
Conservation district assistance on proper site locations and layout work for
new urban development could aid materially in reducing sediment pollution.
Similarly, many conservation districts have provided assistance on
erosion and sediment control of surface mined areas. Most districts will have
estimates on these areas or current aerial photography from which the extent
of the problem can be ascertained. State mining and/or geology agencies would
also be a source of data. Through use of the conservation district technical
materials, the extent of best management practices needed can be determined.
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Construction activities would be largely associated with new
endeavors and new undertaking, and estimates would probably need to be
based on trend information or expansion/growth projections. Planning
commissions (city, county, regional, state) and state and federal
operating agencies ( highways, industrial commissions, etc.) would be good
sources of data. Construction activities might need to be categorized
into such activities as housing, industrial, airports, highways, etc.
General needs for best management practices can be generated for these
categories from conservation district technical materials. The more
site-specific the information, the more accurate the best management
practices estimates would be.
Conservation districts can provide soil interpretations for location of
waste disposal areas and information on erosion and sediment control features
associated with such locations. State, county, and/or city waste disposal
agencies would probably be the best source of data on the number and/or
location of disposal areas. With this information, districts can estimate
best management practices needed for sediment control.
Sources Related to Hydrologic Modifications
The Environmental Protection Agency describes hydrologic modifications
resulting in non-point source pollution as those activities that either
directly or indirectly affect, or have affected, the natural stream flow
and associated ground water regime detrimentally. The development activities
included are listed as (a) channel modifications (clearing and snagging,
excavation, realignment, floodways, retarding basins, debris retention
basins, and new or deepening drainage ditches); (b) impoundments (run-of-the-
river and storage reservoirs); (c) all types of ground disturbing construction
activities which, if not given adequate design consideration, may result in
modifications to existing drainage flows resulting in sources of water pollution;
(d) resource recovery operations (sand, gravel, and other mineral recovery
operations); and (e) withdrawal and recharge activities.
The Environmental Protection Agency recognizes the interrelationship
between land and water management by indicating that best management practices
applicable to agriculture, silviculture, and construction can also influence
hydrologic modifications.
The description of hydrologic modifications is so broad as to make it
difficult to present a quantification procedure for this activity.Conservation
districts do have a considerable body of knowledge on land and water resources
(Chapter One). Their activities include river basin studies and investigations,
watershed and flood prevention project undertakings, and individual and group
drainage and irrigation developments. Technical handbooks and manuals are
used for design and layout purposes for land and water related applications.
For many hydrologic modification activities, best management practices infor-
mation is available.
Presumably the areas in which hydrologic modifications would be a
problem would be narrowed in the segment classification process required by
Element (b). Determining the nature and extent of the modifications may
require a special field study.
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A judgmental estimation procedure is another possible means of
determining problems. Conservation districts maintain working relationships
with a variety of federal and state water resource agencies and with other
entities such as levee, drainage, irrigation, and other special water
resource oriented districts. In the estimation procedure, the state water
quality management/208 agency, the conservation district(s), and public
interest groups could meet to review relevant maps and other data with
a view toward determining the nature and extent of hydrologic modifications
causing non-point source pollution.
In either procedure, once specific problems were identified, the
information contained in the technical guide and standards would in most
situations permit the quantification of best management practices.
EVALUATION
Introduction
Element (j)--Non-Point Source Control Needs—requires an evaluation
of all measures necessary to produce the desired level of control through
application of best management practices. The evaluation is expected to
include an assessment of non-point control measures applied thus far, the
period of time required to achieve the controls, the proposed regulatory
programs to achieve the controls, the management agencies needed to
achieve the controls, and the costs by agency and activity.
This section discusses ways in which conservation districts can
aid in the evaluation and includes certain other factors not listed in
Element (j) but which are considered germane.
Measures Applied/Remaining Needs
Conservation districts have records of accomplishment available for
those land users who avail themselves of district planning and application
assistance. In addition, an annual estimate of conservation practices "on-
the-land" for all lands in the district is available. This information,
coupled with that of other resource groups provides an excellent set of data
from which to estimate measures applied and remaining needs.
Time Required to Achieve Controls
There are a great variety of factors which need consideration in
estimating the time required to achieve control. Among them are ownership
patterns, trends in land use changes, the nature and scope of conservation
practices, the use of incentives and/or disincentives, and the availability
of technical assistance.
Ownership patterns such as low income or absentee/tenant may prove
to be a problem in achieving controls—not because of a lack of desire, but
because of economics or unawareness.
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Changes in land use will probably trigger a new or different set
of best management practices to deal with the new situation. For those
areas experiencing rapid change either in types of enterprise or other
land use considerations, special attention will be dictated.
The nature and scope of the conservation practices (best management
practices) will influence the time required to achieve controls. If they
are widespread and expensive to apply, a longer time frame may be required.
The mix of "annual" and "permanent" practices must also be considered. The
"annual" practices may need to be applied each year as a key part of
the best management practices (e.g., contour farming). The "permanent"
practices are largely permanent in name only, for they usually require
maintenance and most have a life span after which they lose their effective-
ness and need to be re-installed.
The use of incentives/disincentives is another important consideration.
To require a land user on a hill farm removed from "polluted" water to spend
his money for corrective treatments may be conceptually correct, but it is
frequently hard to sell.
As a general rule, analyses of these situations can best made at
the local level where the problems can be brought into sharper focus.
Conservation district officials can provide invaluable advice and counsel
in this regard, particularly in estimating participation in a non-point
source control program and the time required to achieve controls.
Some additional discussion of the time needed to achieve controls
and how conservation districts may help is included in Chapter Fourteen.
Incentives/Disincentives
Conservation districts believe that the question of incentives/
disincentives is a key item influencing the attainment of non-point source
water quality management objectives.
Disincentives such as tax penalties and land use regulations could
be, and are being, used. Conservation districts feel that the incentive
approach, utilizing a reasonable cost sharing program, can be effective and
is desirable. The use of penalties or regulations should be reserved for
situations where the incentive/voluntary approach will not accomplish the
desired results. Conservation districts in several states are furnishing
assistance to implement sediment and erosion control laws, regulations,
ordinances, etc., for activities such as urban construction and surface mine
reclamation.
Several cost sharing programs are described below.
Federal Cost Sharing Programs (U.S. Department of Agriculture)
Agricultural Conservation Program (ACP)
The Agricultural Conservation Program is the principal channel through
which the federal government shares with farmers and ranchers the cost of
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carrying out approved soil, water, woodland, and wildlife conservation
practices on their land to help maintain the productive capacity of
American agriculture. It is administered by the Agricultural Stabilization
and Conservation Service.
County agricultural stabilization and conservation committees, working
with county program development groups, have full authority to develop each
county's practices. Counties first identify their conservation needs and
then offer solutions. As in the past, the county programs are to be reviewed
and approved by state agricultural stabilization and conservation committees.
Funding for the program is authorized on an annual bases by Congressional
appropriation.
The Agricultural Conservation Program also helps provide required
technical service for certain practices through special arrangements with
the Soil Conservation Service, the state forester, the county agricultural
extension agent, and others. Long term agreements are authorized as a part
of the program based on conservation plans developed in cooperation with the
conservation district in which the lands are located.
Forestry Incentives Program (FIP)
The Forestry Incentives Program is designed to provide cost sharing
assistance to private, non-industrial forest owners for the purpose of timber
production. The program is administered by state and county agricultural
stabilization and conservation committees and state forestry agencies.
Through the Forestry Incentives Program, an eligible landowner may
receive from 50 to 75 percent of the cost of planting trees or improving
a stand of forest trees. State forestry agencies prepare forest management
plans for the participants who are required to follow the plan as a condition
of cost sharing. The program is operated in "designated counties" in all
states, Guam, Puerto Rico, and the Virgin Islands. Counties are designated
for the program by state agricultural stabilization and conservation
committees after consultation with the state forester. Approvals of cost
sharing to individuals are made by county agricultural stabilization and
conservation committees on the basis of the priority of the request and
availability of funds. Funding for the program is authorized on an annual
basis by Congressional appropriation.
Hater Bank Program (WB)
Under the Water Bank Act, the Secretary of Agriculture is authorized
and directed to formulate and carry out a continuous program in important
migratory waterfowl and nesting and breeding areas to prevent the serious
loss of wetlands and to preserve, restore, and improve fresh water and
and adjacent areas as designated in the Act. Eligible persons in the selected
areas having eligible wetlands may enter into 10-year agreements, with
provision for renewal, to receive annual payments for the conservation of
water and for meeting other purposes of the Act.
The Water Bank Program on specified farm, ranch, or other lands
applies to wetlands identified in a conservation plan developed in coopera-
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tion with the soil and water conservation district in which the lands are
located. Terms and conditions are set forth by the Secretary of Agriculture
and technical assistance is furnished by the Soil Conservation Service.
Funding for the program is authorized on an annual basis by Congressional
appropriation.
Emergency Conservation Measures (ECM)
Emergency conservation measures are authorized by P.L. 85-58,
enacted June 21, 1957, and administered by the Agricultural Stabilization
and Conservation Service. This law authorizes emergency measures in any
state or area in which it is determined by the county agricultural
stabilization and conservation committee, in consultation with the state
agricultural stabilization and conservation committee, that emergency
conservation measures are needed to control severe wind erosion on
farmlands or to rehabilitate farmlands damaged by wind erosion, floods,
hurricanes, or other natural disasters.
The law also provides for the allocation of emergency funds. The
funds are used to share with farmers and ranchers the cost of emergency
conservation measures needed to meet the new conservation problems caused
by the disaster in a given area. The law requires, however, that the
diasaster must have created new conservation problems, which, if not
treated, would: (1) impair or endanger the land; (2) materially affect
the productive capacity of the land; (3) represent unusual damage which,
except for wind erosion, is not of the type likely to recur frequently
in the same area; and (4) be so costly to repair that federal assistance
is or will be required to return the land to productive agricultural
use. Technical assistance for certain practices is provided by the
Soil Conservation Service.
Great Plains Conservation Program (GPCP)
The Great Plains Conservation Program is authorized by P.L. 84-1021
and is administered by the Soil Conservation Service. Authority for the
program terminates on December 31, 1981.
The program provides assistance under long term contracts to land
users in 469 designated counties of 10 Great Plains states. It is designed
to protect and improve soil, water, plant, and wildlife resources of the
Great Plains area which is plagued with recurring drought and wind erosion.
Installation of complete conservation treatment and management systems on
farms and ranches helps stabilize individual enterprises and consequently
the local economy.
The Great Plains Conservation Program is coordinated with other
federal, state, and local agencies through established state and county
Great Plains Conservation Program committees. Represented on the state
Great Plains committee, which meets at least annually, are: Farmers Home
Administration, Agricultural Stabilization and Conservation Service,
Federal Crop Insurance Corporation, Forest Service, Cooperative Extension
Service, and the Agricultural Experiment Stations. Representatives of
other state and federal agencies are invited to participate as determined
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by the committee. The Agricultural Stabilization and Conservation Service
is directly involved in review of individual cost sharing and conservation
districts review all contracts, set planning priorities, and serve on the
Great Plains committees.
Special Well ton-Mohawk Salinity Control Program
Special Soil Conservation Service involvement in salinity control
in the Colorado River Basin began late in 1973 with the agency's participation
on the Advisory Committee on Irrigation Efficiency. The purpose of this
committee was to determine and implement means of increasing on-farm
irrigation efficiencies to reduce irrigation drainage return flows from the
Well ton-Mohawk Irrigation and Drainage District in Arizona.
On June 23, 1974, P.L. 93-320—entitled "Colorado River Basin
Salinity Control Act"— was enacted. It authorizes the U.S. Department
of Agriculture to cooperate with the Department of the Interior in achieving
the goal of salinity control. The Soil Conservation Service was assigned
leadership responsibilities for the U.S. Department of Agriculture. An
operations, handbook was issued in July, 1975, designed for field use
in developing conservation plans in cooperation with conservation districts
and in preparing and executing contracts with eligible landowners and
operators (cooperators) for installation of practices directly contributing
to the objectives of the program.
U.S. Department of the Interior (Bureau of Reclamation) funds are
transferred to the Soil Conservation Service for federal cost sharing of
75 percent of the installation of conservation practices. The planned
on-farm irrigation efficiency improvement plan is expected to obtain a
salt balance between the diversions into the Well ton-Mohawk area and drainage
return flows to the river in the near future (1985-1990), thereby reducing
the saltload into the lower Colorado River by about 500,000 tons annually.
State/Local Cost Sharing Programs
In addition to federally funded and administered cost sharing programs,
several state and/or local governments have initiated programs. Following
are some examples.
Iowa Erosion and Sediment Control Law
Iowa's erosion and sediment control law (Iowa Soil Conservation District
Law, Chapter 467A, Code of Iowa, 1975) declares accelerated soil erosion a
nuisance, requires abatement of such nuisance when a complaint is filed with the
commissioners of a conservation district, and provides for adoption by districts
of soil loss limit regulations which are approved by the State Soil Conserva-
tion Committee. The law also provides for cost sharing for installation of
needed measures to control erosion and for penalties when the landowner fails
to initiate necessary work by the specified time.
The total amount available for cost sharing during each year of the
1973-75 biennium was $2,000,000. Some $2,500,000 was appropriated for the
1975-76 fiscal year, with $4,000,000 requested for the 1976-77 fiscal year.
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The cost sharing/program is divided into three categories. One
category provides 50 percent cost sharing to landowners who voluntarily
install conservation practices. The special projects category for
watersheds above public lakes provides cost sharing at the 50 percent
rate. The law further provides that landowners can recieve 75 percent
of the cost of installing a practice when the landowner is under mandate
of the soil conservation district to abate a soil erosion nuisance under
Chapter 467A.48 of the Code.
The districts generally provide 50 percent of the cost of
installing the conservation practice when no federal cost sharing is used
and none where federal assistance is used.
Land and Water Development Assistance Program—Lower Elkhern
Natural Resources District. Nebraska
In 1973, the threatened elimination and/or decrease of federal
assistance programs led the Lower Elkhorn Natural Resource District (Norfolk,
Nebr.) to believe that financial assistance for cost sharing should be made
available through local and/or state funding.
Accordingly, the district launched a "Land and Water Development
Assistance Program" in April, 1973, to seek proper development and utilization
of the land and water resources in the district. The program provides a
portion of the actual cost of each authorized practice based on the district's
best estimate of the public benefit derived from each practice(s). Funds are
provided by the counties within the natural resource district.
The program is administered by the Lower Elkhorn NRD and technical
assistance for practice installation is provided by USDA's Soil Conservation
Service. A resource conservation plan for the operating unit is a require-
ment for participation.
Assistance is offered for livestock waste control systems, multipurpose
dams, diversions, terraces, grassed waterways, tile outlets for terraces,
permanent native grass, road structures, park and recreational development,
and lands for wildlife.
Soil and Water Conservation District—Lafayette County, Wisconsin.
The Lafayette County Soil and Water Conservation District (Wisconsin)
inaugurated a district-wide cost sharing program in 1974 with $50,000
furnished by the county. In part, the motivation was the "off again/on again"
problem of federal cost sharing program assistance. The establishment of a
more stable and consistent program was the chief objective.
Close cooperation has been maintained with the cost sharing program
administered by the Agricultural Stabilization and Conservation Service.
Generally, the same practices, rates of cost sharing, technical standards,
and other requirements apply to both programs although they are separately
administered.
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Suggested Features of an Incentives Program
The several cost sharing programs presented above have been very
helpful in achieving conservation treatment on rural lands and in helping
reduce non-point source pollution. They also afford a variety of operational
experiences on which a water quality improvement incentives program might
be based. Conservation districts suggest that such a water quality program
include the following features:
Cost sharing should be based on a contract and/or long term agree-
ment with a set-aside" fund provision to guarantee fund availability
to the land user and to permit the land user to make orderly land
use adjustments and best management practices installations with
the least interruptions for his enterprise.
The contract/long term agreement should be based on a conservation
plan to be approved by the applicable conservation district and
meeting conservation district technical standards and specifications.
Necessary technical assistance should be provided to the land user
to assist in the development of the conservation plan and in the
planning, design, and layout of the best management practices.
The program should carry with it the necessary funding and manpower
commitments to meet target abatement dates.
Costs/Benefits
A variety of costs will need to be considered in structuring a
non-point source pollution control program. From information available
through conservation districts, estimates can be generated for the
following:
--Cost of application (installation) of best management practices
--Cost of operation and maintenance of best management practices
--Cost of replacement of best management practices (life span of
practices)
—Cost of technical assistance needed to develop conservation plans
and to plan, design, and lay out best management practices
--Cost of administering a non-point source program at the local level
--Cost of incentives program and rate(s) of cost sharing at the
local level
--Costs to land users in making enterprise adjustments
Some form of benefit/cost analysis is an essential ingredient in the
program formulation process and in the selection of non-point source controls.
The relationship between total benefits and the private and social costs,
as well as the impacts on groups affected, is basic to the decision making
process.
In making such an analysis, Section 5 (Economic Considerations) of
"Control of Water Pollution from Cropland, Volume I" (available from
Environmental Protection Agency as Report No. EPA-660/2-75-026a and from
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U.S. Department of Agriculture-Agricultural Research Service as Report
No. ARS-H-5-1) would be of considerable help. Representatives of the state
land grant college and the state representative of the U.S. Department
of Agriculture's Economic Research Service could provide particularly
valuable aid in a benefit/cost analysis.
Other
A discussion of various types of non-point source control programs
is contained in Chapter Fifteen and on conservation district management
agency capabilities in Chapter Sixteen.
BEST MANAGEMENT PRACTICES HANDBOOK
At some stage of program development, consideration needs to be given
to the matter of how best management practices requirements are to be
presented to the public in general and to affected land users in particular.
Several means are available to accomplish this—information releases, incor-
poration into state law or county or municipal ordinances, detailed regulations,
etc.
One approach which might be considered is development of a "Best
Management Practices Handbook." Following is a suggested outline for a
local best management practices handbook.
Suggested Outline for a Local Best Management Practices Handbook
Section 1. A definition of the non-point source categories and the
various land uses/conditions to which the program applies.
A pictorial display of the non-point sources in the district
and treatment (BMP's) for their correction (specific to district)
Section 2. A discussion of BMP's and their relation to local conservation
districts.
Section 3. The procedure for assisting landowner or operator to develop
a plan and select BMP's for dealing with specific non-point
sources. (Local examples of BMP plans.)
Section 4. Discussion of resource management systems—the practice or
combination of practices needed to treat specific problems
and which constitute BMP's for the site or area.
Section 5. Standards and specifications for conservation practices
from conservation district technical guides and other technical
materials that can be planned and applied as BMP's to correct
local non-point sources.
Section 6. Information on the incentives program (if included in non-
point source program) and the rates of cost sharing.
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CHAPTER TWELVE
RESIDUAL WASTE CONTROL NEEDS; LAND DISPOSAL NEEDS
40 CFR Part 131.11
(k) Residual waste control needs;
land disposal needs.(1) An identifica-
tion of the necessary controls to be
established over the disposal of
residual wastes which could affect water
quality and a description of the pro-
posed actions necessary to achieve such
controls.
(2) An identification of the neces-
sary controls to be established over
the disposal of pollutants on land or in
subsurface excavations to protect ground
and surface water quality and a descrip-
tionof the proposed actions necessary to
achieve such controls.
(Note: Residual waste control needs
need not be determined by designated
areawide planning agencies where the
Governor has determined pursuant to
Section 208 (b)(4) of the Act that the
State will develop residual waste con-
trol requirements pursuant to Section
208 (b) (2) (J) and (K) on a Statewide
basis.
INTRODUCTION
Element (k) deals with the control necessary to abate pollution that
might stem from the disposition of residual wastes. An Environmental
Protection Agency study lists the following major categories of residual
wastes: wastewater sludge, septage residuals, water treatment residuals,
municipal refuse, combustion and air pollution control residuals, industrial
wastes, feedlot residuals, mining wastes, and dredge spoil residuals.
DISTRICT INVOLVEMENT
Conservation district programs encompass the residual waste categories
of feedlot residuals and municipal sludge (land disposal) and to a lesser
extent, mining wastes, dredge spoil residuals, and some agriculture related
industrial wastes. Districts can offer a relatively full range of inven-
torying, planning, and application assistance (see Chapter One for details)
on those management practices involving land reclamation, land spreading,
and diversion and drainage of surface runoff. Soil suitability and inter-
pretive information can be provided for the location of sanitary landfills
and erosion and sediment control measures can be prescribed for the sites.
Districts can also make inputs relative to the quantity and quality of wastes
that can be utilized on the land--the capacities of soils and crops to
assimilate waste components and limits for cadmium, zinc, lead, nickel, and
other toxic substances.
In addition, districts are in a position to provide information and
judgments concerning the social, economic, and environmental impacts of the
disposal locations as well as their potential impacts on prime farmlands.
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CHAPTER THIRTEEN
URBAN AND INDUSTRIAL STORF1WATER SYSTEMS NEEDS
40 CFR Part 131.11
(1) Urban and industrial stromwater
systems needs, (i) An identification
of the required improvements to existing
urban and industrial stormwater systems,
including conbined sewer overflows, that
are necessary to attain and maintain ap-
plicable water quality standards.
(2) An identification of the needed
urban and industrial stormwater systems
for areas not presently served over at
least of 20-year planning period (in 5-
year increments) that are necessary to
attain and maintain applicable water
quality standards, emphasizing appro-
piate land management and other non-
structural techniques for control of
urban and industrial stormwater runoff.
(3) A cost estimate for the needs
identified in (1) and (2) above, the
reduction in capital construction
costs brought about by nonstructural
control measures, and any capital and
annual operating costs of such facili-
ties and practices.
INTRODUCTION
Element (1) is concerned with the control and treatment of stormwater
discharges and combined sewage overflows from urban and industrial areas.
Generally, the problems are related to combined sewers, infiltrated sanitary
sewers, storm sewers, unsewered runoff, hydro!ogic modifications, and
erosion. The various control alternatives include such items as land
management (land use planning, upstream impoundments, erosion and sediment
control ,etc.); collection systems controls (sewer separation, runoff inlets
and catch basins, improved regulators and tide gates, etc.); treatment
(physical/chemical/biological); integrated systems (storage, treatment, re-
use, etc.); and sludge disposal (treatment or land disposal).
DISTRICT INVOLVEMENT
Increasingly, conservation district programs have encompassed work
in urban areas, particularly in the field of erosion and sediment control.
In many districts arrangements have been perfected with municipal authorities
to require, as a part of a permit for land disturbing activities, the
development of erosion and sediment control plans meeting the approval
of the district and conforming to district technical standards and specifications.
In other municipal areas, soil survey and other interpretive and evaluation
information is made available for land use planning resource.
District experiences and technical materials relating to the construction
of upstream impoundments might be of benefit. In addition, assistance on
land disposal of sludge could be given by providing soils data on the
suitability of sites and by prescribing erosion and sediment control features
for the disposal areas.
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CHAPTER FOURTEEN
TARGET ABATEMENT DATES
40 CFR Part 131.11
(m) Target abatement dates. Target
abatement dates or schedules of com-
pliance for all significant dischargers,
nonpoint source control measures, resid-
ual and land disposal controls, and
stormwater system needs, including
major interim and final completion
dates, and requirements that are
necessary to assure an adequate track-
ing of progress toward conpliance.
INTRODUCTION
Element (m) focuses on target dates or schedules of compliance
for the various sources of point and non-point pollution.
DISTRICT INVOLVEMENT
Conservation districts can help estimate non-point source pollution
control dates, particularly for sediment, organic (animal wastes), and
mineral salt (irrigation) pollutants. A discussion of some of the considerations
associated with this estimate and ways districts could assist is contained in
Chapter Eleven.
Districts could also aid in achieving earlier target abatement dates
by modifying their long range and annual programs to give higher priority
to water quality management objectives and by encouraging other agencies
and organizations to do the same.
-------
CHAPTER FIFTEEN
REGULATORY PROGRAMS
40 CFR Part 131.11:
(n) Regulatory programs. (1) A de-
scription of existing state/local reg-
ulatory programs which are being or
will be utilized to implement the
State water quality management plan.
The description shall include the reg-
ulatory approach to be employed, the
statutory basis for the program, and
relevant administrative and financial
program aspects.
(2) A description of necessary addi-
tional State/local regulatory programs
to be established in order to implement
the State water quality management plan.
The description shall include the pro-
posed regulatory approach, the neces-
sary legislation, and anticipated
administrative and financial capabil-
ities.
(3) The regulatory programs describ-
ed in § 131.11 (n) (1) and (2) should
generally take full advantage of exist-
ing legislative authorities and admin-
istrative capabilities. However, such
programs shall assure that:
(i) To the extent practicable, waste
treatment management including point
and nonpoint source management shall
be on a Statewide and/or an areawide
basis and provide for the control or
abatement of all sources of pollution
including inplace or accumulated de-
posits of pollutants;
(ii) The location, modification and
construction of any facilities, activ-
ities, or substantive changes in use
of the lands within the approved planning
area, which might result in any new
or deleterious discharge directly or
indirectly into navigable waters are
regulated; and
(iii) Any industrial or commercial
wastes discharged into any publicly
owned treatment works meet applicable
pretreatment requirements.
INTRODUCTION
The state control program will address both point and non-point
pollution sources. Since conservation districts are primarily concerned
with the latter, the following discussion is oriented toward non-point
source controls.
The effectiveness of a voluntary versus a regulatory approach to some
aspects of non-point source pollution control has generated considerable
discussion and is a matter that will undoubtedly occupy the attention of water
quality planners throughout the program formulation process.
Issuances from the Environmental Protection Agency, reflecting the
elements specified in Section 208 (b)(2)(C) of P.L. 92-500, have tended
to highlight the regulatory aspects of control programs.
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As stated earlier, conservation districts prefer that first priority
be given to programs of education, technical assistance, and cost sharing
in controlling most sources of non-point pollution.
While conservation districts have championed this voluntary approach,
they were also among the first to recognize that regulatory controls may
be needed in some cases. In fact, more than half of the state district
enabling laws enacted in the 1930's and 1940's included authority for districts
to issue erosion control regulations. These authorities have seldom
been used, but recently, several states have evidenced an interest in
utilizing these authorities for meeting new demands for erosion and sediment
control.
In the 1960's, conservation districts began to participate in the
development of regulatory programs to control erosion on sites where
new houses, factories, roads, shopping centers, and other construction was
taking place. Maryland's districts were the pioneers, and a Maryland state
law gives districts responsibility for approving conservation plans for
erosion control on construction sites. Later, district officials in
other states came to believe it necessary to provide some measure of
regulation governing all land disturbing activities, including those
associated with agriculture. Iowa became the first state to establish
such a requirement. At this time, 14 states and the Virgin Islands have
enacted laws providing for one or another kind of regulatory erosion and
sediment control program (see Tables 15-1 and 15-2). In each case, conser-
vation districts play a significant role in the program.
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Table 15-1
STATE EROSION AND SEDIMENT CONTROL LEGISLATION
GEORGIA Erosion and Sedimentation Act of 1975
Ga. Code Ann. Sees. 5-23-la—5-2313a (1975 Rev., 1975
Cum. Pocket Part)
HAWAII Soil Erosion and Sediment Control
Hawaii Rev. Stats., Ch. 180-C (1968, 1975 Rev. Supp.)
IOWA Soil Conservation Districts Law
I.C.A. Sees. 467A.1-467A.53 (1971, 1976 Cum. Pocket Part)
MARYLAND Sediment Control Act
Ann. Code Md., Nat. Res., Sees. 8-1101—8-1108 (1975 Cum.
Pocket Part)
MICHIGAN Soil Erosion and Sedimentation Control Act
Mich. Stats. Ann. Sees. 13-1820(0-13.1820(17) (1975 Rev.
Vol. 9, Cum. Supp.)
MONTANA
NEW JERSEY
NEW YORK
NORTH CAROLINA
OHIO
PENNSYLVANIA
SOUTH CAROLINA
SOUTH DAKOTA
VIRGINIA
VIRGIN ISLANDS
The Natural Streambed and Land Preservation Act of 1975*
R.C.M. Sees. 26-1510—26.1523 (1947, 1975 Cum. Pocket Supp.)
Soil Erosion and Sediment Control Act
N.J. Stats. Ann. Sees.4-24-39-4-24-55
Soil and Water Conservation Law
McKinneys Cons. Laws of N.Y., Book 52-B
Sedimentation Pollution Control Act of 1973
Gen.Stats. N.C. Sees. 113A-50—113A-66 (1975, 1975 Supp.)
Soil and Water Conservation District Law
Page's Ohio Rev. Code Ann. Sees. 1515.01—1515.30; 1501.20
(1964, 1975 Supp.)
The Clean Streams Law of Pennsylvania*
35 Pa. Stats. Sees. 691.1 e^.se^. (1964, 1975-76 Supp.)
County Sediment Control Programs
Code of Laws of S.C., 63.195.101—63.195.106 (1962, 1975
Cum. Supp.)
Act to Regulate Land-Disturbing Activities Within the State
Resulting in Soil Erosion and Sediment Damage
S.D. Senate Bill 65 of 1976
Erosion and Sediment Control Act
Code of Va. Tit. 21, Ch. 1, Sees. 21-89.1—21.89.15 (1975
Cum. Supp.)
Environmental Protection, Shore and Erosion Control
V.I. Code Tit. 12, Ch. 13
*Law includes authority for erosion and sediment control among other activities.
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Table 15-2
SUMMARY OF PRINCIPAL PROVISIONS OF STATE LAWS PROVIDING FOR
EROSION AND SEDIMENT CONTROL
(A reference to the particular law will be essential for complete explanation of provisions.)
PROVISIONS
TYPE OF STATE LAW
Erosion and sediment control
Conservation districts
Water quality and stream control
X
X
X
X
X
X
X
X
X
X
<
X
X k
*
1
METHODS OF CONTROL
Approved erosion and sediment control
plan required for land disturbance
Establishment of soil loss limits
Permits on basis of an approved plan
X
X
X
X
X
X
X-
X
23
X
X
h2
X
X
X
26
X
21
<
X
X
X
RESOURCES COVERED
Natural resources
Land
Soil
Water
Streams and streambanks
14'
X
X
17
X
X
X
X
(
X
X
X
X
X
X
X
14
X
X
25
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
EXEMPTIONS FROM LAW
Agriculture and horticulture
Mining
Homes or small sites
Highways or railways
Minor land disturbances
X
X
X
X
X
X
X
3
7
X
6
19
X
X
X
X
4
4
X
X
X
24
5
X
X
X
X
X
STATE CONTROL AGENCY
Participating agencies:
Soil and Water Conservation
Natural Resources'
Other
State responsibilities:
Develop policies
Develop criteria. standards. auidel ines
Adopt rules and regulations
Review and approve local programs or plans
Perform enforcement functions^
Assist local agencies with:
Ordinances, regulations, and jirograms
Enforcement
Cost sharing
Approve state and federal agency plans
Adopt program where local agency fails to do so
X
X
15
18
X
X
X
X
20
X
8
X
21
X
29
16
X
X
X
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
13
9
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
28
X
X
X
X
X
X
X
X
X
X
X
22
X
X
<
X
X .
X
Note:
An "x" indicates that the respective law
contains the provision listed. Numbers refer to footnotes.
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PROVISIONS
LOCAL CONTROL PROGRAM
Participating local agencies
Conservation districts
Counties
Cities
Towns or townships
CONSERVATION DISTRICT RESPONSIBILITIES
Review and approve erosion and sediment
control plans
Establish soil loss limits
Assist county or other local agency
develop ordinances or regulations
Adopt standards, criteria, guidelines
Adopt rules and regulations
Perform enforcement functions*"
COUNTY, CITY, TOWN, OR TOWNSHIP RESPONSIBILITIES
Adopt programs
Review and approve plans
Adopt ordinances
Issue permits on basis of an approved plan
Perform enforcement functions^
Issue rules and regulations
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X ,
X
X
X
12
X
X
X
X
X
X
X
X
11
X
X
X
X
X
X
X
23
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
26
X
X
X
X
12
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
1-Authorities contained in laws and
regulations
2-Acceptable plan required at site of
activity
3-Erosion control practices may not be required
on lands used for such pruposes only
4-Exempted from permit requirements only
5-Except as to grading, excavating, or filling
6-Except in Calvert County
7-Within city limits
8-Department of Fish and Game
9-Department of Environmental Resources
10-May include permits, inspection, complaints,
violation procedures, fines, other legal
actions
11-In municipalities not within a district
12-Special provisions for emergency actions
13-Environmental Protection Agency
14-Air and other resources
15-Division of Environmental Protection of
the Dept. of Natural Resources
16-Established by law
17-And other resources
18-Department of Health
19-Persons engaged in agricultural practices
who have agreement with a soil conser-
vation district, will not be subject to
any site plans, land use plans, or per-
mits required under the law, but will
be subject to enforcement procedures
after July 1, 1979.
20-Department of Agriculture
21-Secretary of Agriculture and Commissioner
of Environmental Protection
22-May assist with grants
23-Certification
24-Emergency repairs
25-Agricultural land as described in the law
26-Required where district determines that
an agricultural land-disturbing activity
is violating adopted standards
27-Permit issuing authorities must require
compliance with district standards
28-Department of Public Works
29-North Carolina Sediment Control Commission
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NON-POINT SOURCE PROGRAM STRUCTURE
INTRODUCTION
The type of non-point source pollution control program(s) adopted by
a state will be influenced by a host of factors, including the type of
pollutants and nature of the problems, ownership and population character-
sitics, soils, topography, land use, and many other things. The program
may address a particular category of activity, such as agriculture and
silviculture; a particular pollutant, such as sediment; or particular
geographical areas which are determined to be sensitive or criitcal.
The National Inventory of Soil and Water Conservation Needs (USDA)
revelas some interesting facts concerning the nation's land ownership,
use, and conservation treatment needs—facts that are broadly indicative of
the probable nature and scope of non-point source problems and controls.
Among other things, the Inventory shows that:
—One-third of the land is federal public land, administered by
various agencies of the federal government.
—Two-thirds of the land is owned in individual parcels by private
citizens; business and industry; and states, counties, cities, and other
units of government.
—Erosion is the dominant problem on about half of the land; excess
water on nearly a fifth; and shallowness, stoniness, subjectivity to drought,
or salinity on about a quarter.
—Locally controlled rural land is about equally divided among the
three major productive uses: cropland, 30 percent; pasture and range,
34 percent; and forest, 32 percent.
--Judged against current standards, additional conservation treatment
is needed on 64 percent of cropland, 67 percent of pasture and rangeland,
62 percent of forest land, and 28 percent of other land.
The Section 208 planning process now underway will result in the
identification of non-point sources of pollution. The control applied
deemed to be most effective will then be selected. While there are a
large variety of programs which may be applicable, a number of general
concepts should be followed when developing a voluntary or regulatory
program.
There is perhaps no single "best" program structure for dealing with
all aspects of non-point source pollution. Those states having viable
sediment control programs may find that a relatively simple accommodation
to include other pollutant sources such as animal wastes and salts may
be adequate. Other states need to broaden the entire scope of their
programs or may need to initiate new programs.
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VOLUNTARY PROGRAM
In the event that a states finds that a voluntary program will control
non-point sources of pollution, conservation districts suggest that the
program for sediment, organic (animal waste), and mineral salt (irrigation)
pollutants be structured along the following lines:
1. Assign leadership for the effort to the state soil conservation
agency at the state level and to the conservation districts at
the local level.
2. Develop a strong education and information program through the
state Extension Service, enlisting the aid of all interested
agencies, groups, and organizations and focusing on the
designated non-point source problem areas.
3. Provide the necessary technical and cost sharing assistance
commensurate with the need to meet target abatement dates.
4. Provide for a monitoring program designed to track progress
and to evaluate program effectiveness on a periodic basis.
REGULATORY PROGRAM
Framework Structure
In the event that a state finds that a regulatory non-point source
pollution control program is required to meet water quality management
objectives, certain state/conservation district experiences might be helpful.
A review of existing and proposed legislation indicates that in most
instances, non-point source control programs for sediment pollutants involve
a joint effort by a state agency(ies) and local jurisdictions and local
conservation districts. While there are variations in approach and in
institutional arrangements, there is a relatively high degree of commonality.
An attempt has been made to capture the major components into a framework
program structure. The framework which follws is intended as a conceptual
guide.
1. Enact a state law (or issue regulations) which (1) provides for basic
standards or guidelines for designated problem areas and (2) authorizes
and directs the development of sediment control programs—including
procedures, ordinances, and enforcement provisions—by the appropriate
state agency(ies) together with (a) counties and municipalities in
cooperation with conservation districts, or (b) conservation districts.
Other non-point source categories such as organic pollutants (animal
wastes) and mineral salt pollutants (irrigation) could be included
in such programs as appropriate.
-145-
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2. Assign responsibility to the state soil conservation agency to
prepare model ordinances/regulations, to assist counties and
municipalities in developing local programs, and to approve
such programs.
3. Include as major elements of ordinances/regulations:
a. For each stream segment deemed to be a problem because of
pollutants, define (delineate) the watershed area(s), the
surrounding land areas contributing to the problem.
b. Require land users within the designated watershed area(s)
to develop a conservation plan to be approved by the
applicable conservation district and meeting the conservation
district technical standards and specifications (best manage-
ment practices). Small holdings such as individual residences
and others could be exempted as desired.
c. Require land users to maintain their conservation plan
for review by representatives of the state soil conservation
agency, county or municipality, or conservation district as
appropriate. So long as land user in good faith proceeds
(or has proceeded) to carry out his conservation plan, he
would be deemed to be in compliance.
d. Provide to land users the technical and cost sharing
assistance commensurate with the need to meet target
abatement dates.
e. Concentrate enforcement on dealing with the most critical
problems.
4. In support of the program, appropriate arrangements should be
made for:
a. Funding (1) the administrative costs for the state agency(ies)
and the local jurisdictions and local conservation districts;
(2) the technical assistance costs of the conservation district
cooperating agencies; and (3) the special incentives program.
b. A vigorous information and education effort.
Program Variations
Numerous variations in program structure exist under current legislation-
variations in the roles and responsibilities of state agencies as well as in
associated county, municipal, and conservation district activities.
The National Association of Conservation Districts, as a part of its
Sediment Control and Manpower Project (SCAMP) effort conducted under an
Environmental Protection Agency contract, has reviewed in detail state erosion
and sediment control laws in Maryland, Virginia, Iowa, Montana, Pennsylvania,
-146-
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and Ohio. Administrative and institutional arrangements, scope of
program, and manpower requirements were included in the review and reports
were issued in a series of SCAMP Information Circulars.
The six state reports have now been published in a single document,
Erosion and Sediment Control Programs: Six Case Studies, available at
$5.00 per copy from the National Association of Conservation Districts,
P.O. Box 855, League City, Tex. 77573. Those water quality planners
and state agencies engaged in considering a non-point source pollution
control program will find this book valuable. It contains among other
things legislative analyses, functional analyses, manpower requirements,
institutional arrangements, and procedural guides.
As a means of highlighting the program variations, charts taken
from the six state studies appear at the end of this chapter.
In addition to different administrative arrangements among state agencies,
there could also be considerable variation in the local jurisdiction/local
conservation district interrelationships. Several alternative conservation
district involvements are presented in Table 15-1, pg. 155.
Program Standards and Control Mechanisms
State water pollution control agencies are authorized to establish
water quality standards. In some cases these agencies may set such standards
at higher levels than required by national guidelines as a means of achieving
antidegradation policies.
Regulatory control mechanisms are those methods which may be applied
to control a pollution source in line with water quality standards. In the
non-point source arena, the major forms of regulatory controls are those
involving land use (e.g., zoning, easements, development regulations,
sediment control ordinances, etc.); permits and/or licenses (e.g., for
activities generating non-point source pollution); and fiscal policies
(e.g., taxation policy to induce sound land use).
A review of the state sediment control programs developed thus far
indicates that two approaches have surfaced: (1) a program in which an
erosion and sediment control plan approved by the conservation district
is required for land disturbing activities, with any required permits to
be based on such a plan; and (2) a program based on the establishment of
soil loss limits which may not be exceeded without penalty.
The type of control to be exercised is a matter of choice. However,
conservation districts believe that a conservation plan requirement
should be a major component of any regulatory control mechanism since it
tends to maximize both on-site and off-site benefits. Generally, the
permit/conservation plan approach appears to be particularly well suited
to urban-suburban situations and to larger earth disturbances. For the
bulk of the agricultural sector, a conservation plan together with technical
and cost sharing aid may prove to be the most feasible.
It should be recognized that, for many situations, regulatory authority
may be necessary.
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Non-Point Source Program Considerations
In considering control programs for non-point source pollutants,
several factors need to be taken into account which could affect the type
and/or timing of a program effort. For example, sediment control would
not only achieve reduction in sediment pollution, but would also achieve
reductions in other pollutants.
Agricultural production, which includes sediment, salt (irrigation
and animal production), organic, nutrient, pesticide, and pathogen
(animal production) pollutants, serves to illustrate this point.
Nitrogen and phosphorus are the two fertilizer nutrients of most
concern. Fertilizer usage is generally self-curbing because of both
economic and agronomic factors. Usually, the most serious source of phos-
phorus pollution is that associated with soil erosion, thus a program
for sediment control would tend to reduce this source of pollution.
Pesticides are subject to a considerable range of federal and state
regulations, use, and applicator licensing. Some pesticides are insoluble
in water but may attach to soil particles and thus reach waters with the
eroding soil. A sediment control program could help reduce this source
of pollution, also.
Pathogens from animal production are a potential source of concern
and require a number of corrective measures such as dikes and diversions
to reduce pollution. Attention to such items as sediment control and
proper site selection and land spreading would also help.
Since erosion and sediment control can be expected to achieve
reductions in other pollutants, consideration might well be given to
developing a non-point source control program aimed at sediments,
organics (animal wastes), and salts (irrigation) which would not only
afford a direct control effort for these pollutants, but would also repre-
sent a control approach for nutrients, pesticides, and pathogens as well.
For the latter three, a supplemental information and education program
could be undertaken to emphasize the necessity of (a) applying fertilizers
in accordance with soil tests, at recommended rates, and with proper cultural
practices; (b) using pesticides with care; and (c) controlling animal
wastes to reduce the dangers of pathogens.
The effects of such a program would presumably be reflected in
monitoring work. Should the program not achieve necessary reductions
for nutrients, pesticides, and pathogens, additional control would be
required.
-148-
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Chart 15-1
Maryland Sediment Control Program
Roles of State, Local, and Federal Agencies
I STATE AGENCIES
X Primary responsibility
V Supporting Role
* Sources Covered
Program Activities
Rules and Regulations
Local Ordinances
Administration
Technical Guides
Technical Assistance
Information and Education
Training
Plan Review
Flan Approval
Permits
Inspection
Sources of Sediment
Agriculture
Silviculture
State Land
Federal Projects
Urban Areas
Surface Mining (sand & gravel)
Public Utilities
Strio Mining (coal)
UDept. of Natural Resources
Water Resources
X
X
X
X
X
X
X
X
c
X
*
*
*
A
*
nept. of Natural Resources
Forestry
X
X
X
X
*
Dept. of Natural Kesources
Bureau of Mines
X
*
*
Dept. of Agriculture, Stat
Soil Conservation Committee
V
V
V
V
V
V
*
*
*
*
*
*
*
LOCAL AGENCIES 1 FmFJRAT
Conservation District
X
X
X
X
X
X
*
A
*
*
*
A
A
^
iJ
1
o
X
X
,x
X
*
A
Municipality
X
X
X
X
A
Washington Suburban
1 San-It-arv rnmmlsft-lnn
A
Soil Conservation Service
X
X
V
V
A
A
A
A
A
A
A
A
Extension Service
V
V
A
-149-
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Chart 15-2
Virginia Sediment Control Program
Roles of State, Local, and Federal Agencies
X Primary responsibility
V Supporting role
* Sources covered
Program Activities
Standards, guidelines
Approve Local Programs
Approve Plans-State Agencies
Technical Assistance
Information and Education
Training
Review, Approve Local Plans
Permits
Inspection
Legal Action
Types of Disturbance Covered
Urban Construction
Shore Erosion
Storm Water Management
STATE
Soil and Water Conservation
Committee
X
X
X
X
X
X
X
A
*
*
State Attorney General
X
*
inrAi
Conservation Districts
X
X
X
X
X
A
A
*
w
-------
Chart 15-3
Iowa Sediment Control Program
Roles of State, Local, and Federal Agencies
STATE
X Primary Responsibility
V Supporting Role
* Sources Covered
Program Activities
Develop Statewide Water Plan
Administration
Rules and Regulations
Technical Guides
Information and Education
Technical Assistance
Cost Sharing
Complaints
Inspection
Enforcement
Sources Covered
Agriculture
Urban
Forest Lands
Surface Mining (sep. law)
ources
(atural Res
owa i
*ounc:
^
X
H
rH
ment ot Sc
"vation
V- OJ
a. c
aj o
3 o
V
X
X
X
X
X
X
V
*
*
A
A
wironmental
w
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X
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X
X
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X
X
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X
-151-
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Chart 15-4
Montana Sediment Control Program
Roles of State, Local, and Federal Agencies
X Primary Responsibility
V Supporting Role
* Areas Covered
Program Activities
Mlni'nuia standards
Administration
Public Information and Education
Technical Standards
Project Approval (S.310)
Inspection (TEAM)
Legal Action
Permits (404, Sec. 10, WQ Nav. Str.
Technical Assistance
Areas Covered
Strearabeds and tanks
Federal land
* Applies to proposed projects for chanr
and reservoirs ; commercial , Indus tr it
operations; dykes and levees ; debris
culverts; recreation facilities and t
STATE
rd of Natural Resources
1
X
X
el c
1, '
basj
ert;
te
nservation Districts
2(3
w
V
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lanj
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V
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trict Courts
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Q
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LOCAL I FEDEBA1
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X
X
X
X
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X
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-152-
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Chart 15-5
Pennsylvania Sediment Control Program
Roles of State, Local, and Federal Agencies
X Primary Responsibility
V Supporting Role
* Sources Covered
Program Activities
Rules and Regulations
Administration of Program
Technical Standards
Technical Assistance
Training
Public Information
Plan Review
Permit's
Inspection and Compliance
Enforcement
Surveillance & Monitoring
Sources Covered
Agriculture
Silviculture harvest practices
Surface Mining
Road Construction
Urban Construction
STATE
Environmental
Duality Board
X
*
*
*
*
A
Bureau of Soil and Water
Conservation
X
X
X
X
X
X
X
X
*
*
*
*
Bureau of Water Quality
Management
X
X
V
X
X
X
X
X
X
X
*
*
*
A
Bureau of Litigation 4
Enforcement
X
X
*
*
*
*
*
Bureau of Forestry
V
V
V
V
*
bureau of Surface
Mine Reclamation
X
V
V
V
V
X
X
X
X
X
*
. LOCAL
Conservation Districts
XV
V
X
XV
XV
XV
XV
XV
X
*
*
*
A
Countv Governments
XV
V
V
V
*
*
A
A
Cities, Townships,
Borough
XV
V
V
V
A
A
Townshins
XV
V
V
V
A
A
FKDERAL
Soil Conservation Service
V
V
V
V
V
V
*
A
A
A
-153-
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Chart 15-6
Ohio Sediment Control Program
Roles of State, Local, and Federal Agencies
X Primary Responsibility
S Supporting Role
V Voluntary Option
* Sources Covered
Program Activities
Establish Air & Water Standards
Rules and Regulations
Coordinate Agriculture iUrban Program
Agreements for finding & Implementatio
Name Advisory Boards
Program Implementation
Soil Loss Limits
Inspection
Cost Sharing
Information and Education
Technical Standards
Sources Covered
Agricultural Sediment
Animal Waste
Urban Sediment
JSIAIL LOCAL IrrnFPAt
Ohio Environmental
Protection Agency
X
i
S
X
*
*
*
Ohio Soil and Water Con-
servation Commission
S
S
S
*
*
*
lio Division of Soil
nd Water Districts
c ra
X
X
X
X
X
X
X
X
S
X
*
*
*
Ohio State University
Extension Service
X
S
*
*
*
Soil and Water Conservation
Districts
X
X
X
S
X
X
X
X
*
*
*
County Extension Service
X
S
*
*
*
Counties
V
V
V
V
V
V
*
w
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V
V
V
V
V
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S
V
X
*
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*
Agricultural Stabilization
X
-154-
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-155-
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CHAPTER SIXTEEN
MANAGEMENT AGENCIES
40 CFR Part 131.11
(o) Management agencies. (1) The
identification of those agencies recom-
mended for designation by the Governor
pursuant to § 130.15 of this Chapter to
carry out each of the provisions of the
water quality management plan. The
identification shall include those agen-
cies necessary to construct, operate and
maintain all treatment works identified
in the plan and those agencies necessary
to implement the regulatory programs
described in § 131.11 (n).
(2) Depending upon an agency's as-
signed responsibilities under the plan,
the agency must have adequate author-
ity and capability:
(i) To carry out its assigned por-
tions of an approved State water quality
management plan(s)(including the plans
developed for areawide planning areas
designated pursuant to Section 208 (a)
(2), (3), or (4) of the Act) developed
under this part;
(ii) To effectively manage waste
treatment works and related point and
non-point source facilites and practices
serving such area in conformance with
the approved plan;
(iii) Directly or by contract,to
design and construct new works, and to
operate and maintain new and existing
works as required by any approved
water quality management plan developed
under this part;
(iv) To accept and utilize grants
or other funds from any source for waste
treatment management or nonpoint source
control purposes;
(v) To raise revenues, including
the assessment of user charges;
(vi) To incur short and long term
indebtedness;
(vii) To assure, in implementation
of an approved water quality management
plan, that each participating community
pays its proportionate share of related
costs;
(viii) To refuse to receive any
wastes from a municipality or subdivi-
sion thereof, which does not comply with
any provision of an approved water
quality management plan applicable to
such areas; and
(ix) To accept for treatment
industrial wastes.
INTRODUCTION
Element (o) deals with identification and designation of agencies
which could manage and/or implement the various control programs for
both point and non-point source pollution.
DISTRICT INVOLVEMENT
Conservation districts are uniquely qualified and equipped to plan,
manage, and implement portions of the state and areawide water quality
management programs, particularly those involving non-point source pollution
control for sediment, organic (animal wastes), and mineral salt (irrigation)
pollutants.
0 They are legal entities of the state charged with the responsibility
of carrying out soil and water conservation programs which include
-157-
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many non-point pollution source control aspects included in the
208 water quality management program arena;
0 They have a direct relationship with a key state agency in the
conservation field—the state soil conservation agency;
0 They offer a highly decentralized and effective delivery system
with some 40 years of experience in the field. There are nearly
3,000 conservation districts encompassing about 99 percent of the
nation's farms and ranches, 97 percent of the farm and ranch lands,
and an ever-growing amount of urban and suburban areas;
0 They.have entree1 to land users. There are currently over 2.3 million
district cooperators of which in excess of 1.8 million have been
assisted in developing voluntary conservation plans, representing
about 45 percent of the nation's total operating units;
0 They have perfected working arrangements with cooperating agencies
bringing to bear a wide range of technical expertise in developing
technical standards and specifications and in helping land users with
inventory and evaluation information and with on-site planning
and practice application;
0 They are locally controlled and directed by governing officials
broadly representative of the district; and
0 They represent a classic federal-state-local partnership arrangement
that works and enjoys widespread support.
Potential institutional arrangements for utilizing conservation
districts as implementing agencies are discussed elsewhere in this document,
principally in Chapter Fifteen.
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CHAPTER SEVENTEEN
ENVIRONMENTAL SOCIAL ECONOMIC IMPACT
40 CFR Part 131.11
(p) Environmental, social, economic
impact. An assessment of the environ-
mental, social, and economic impact of
carrying out the plan.
ENVIRONMENTAL IMPACT
The variety of conservation district resource information described
in Chapter One would be useful in assessing the environmental impact of the
water quality management plan. Virtually all of the river basin surveys
and watershed and flood prevention projects have an environmental assessment
and most of the project undertakings have a detailed environmental impact
statement prepared. Since these projects, like the water quality management
plan, focus on land and water management, they should provide a very useful
source of information.
SOCIAL IMPACT
The local nature of conservation districts, with governing officials
representing a cross-section of local citizens, offers an excellent sounding
board regarding the social impacts and acceptability of the water quality
management plan.
ECONOMIC IMPACT
Cost-return and other economic information available through the
conservation districts is a source of aid in assessing the economic impact
and practicality of the water quality management plan, particularly as it
would apply to land users' abilities to comply with non-point source
pollution controls. Many district officials are also landowners and could
bring actual experiences and judgments to bear.
Chapter Eleven points out that in addition to an economic impact,
some form of cost/benefit analysis should be undertaken.
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CHAPTER EIGHTEEN
FRAMEWORK GUIDE
NON-POINT SOURCE POLLUTION CONTROL PROGRAM
(SECTION 208, P,L, 92-500)
FOR
0 SEDIMENT POLLUTANTS
0 ORGANIC WASTE POLLUTANTS
0 MINERAL SALT POLLUTANTS
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FOREWORD
This material is a suggested framework guide for developing a
non-point source pollution control program for those non-point source
activiites generally included in conservation district programs—chiefly
erosion and sediment control (sediment pollutants), agricultural waste
management (organic waste pollutants), and irrigation water management
(mineral salt pollutants). Other categories of pollutants could be
included as appropriate. It suggests using task forces at both state and
local level as a sound mechanism for involving the public in water planning
and management.
This conceptual approach was derived from general experiences of planning
agencies and conservation districts in some areas where 208 plan development
is well advanced. Other planning agencies, both state and local may
be too far along to consider it. However, a majority of state and local
208 agencies and conservation districts may wish to study this approach
in developing their own plans.
A task force approach involving both state and local levels is
proposed since non-point sources cover so many land uses and conditions
and involve a variety of interests. This approach helps maximize the
pooling of data, judgments and values, and creates a greater awareness of
non-point source control needs. A state agency could undertake the task
with cooperative efforts and consultations with interest groups.
The sequential list of work items outlined is not meant to be
exhaustive. Numerous variations from the guide would, of course,
be possible and additional details and studies will no doubt occur to
users. Some of the activities could be undertaken concurrently. Of
particular significance is the need to provide for appropriate public
inputs and reviews.
In view of the probable deficiencies in data and the need for more
research, monitoring, and evaluations, it is anticipated that non-point
source pollution control programs may well need to be phased, with the
first phase based largely on existing information and judgment and
subsequent phases reflecting refinements of data and understandings.
This guide is directed primarily toward the first phase aspects of program
development.
Inherent in the proposal is the need for a state agency leadership
assignment with staff support to guide and coordinate the various under-
takings. The guide would be equally applicable to an area level study.
It was the clear intent of the Congress to involve the public in
all phases of the program. Section 101 (e) of the Act states:
"Public participation in the development, revision and
enforcement of any regulation, standard, effluent limitation,
plan, or program established by the Administrator or any State
under this Act shall be provided for, encouraged, and assisted
by the Administrator and the States. The Administrator, in cooperation
with the States, shall develop and publish regulations specifying
minimum guidelines for public participation in such processes"
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Chapter 4, "Public Participation," of the Guidelines for State and
Areawide Water Quality Management Program Development details citizen
participation requirements as well as recommendations for optimum public
involvement. Section 130.16 (c) and (d) discusses the requirement for
State Policy Advisory Committees. In addition to the state level committee,
citizen advisory committees should be established to provide valuable support
throughout the planning process. Active participation by citizens should
be sought.
BASIC PROGRAM APPROACH
For the most part, the procedures outlined in this guide related
to a non-point source pollution control program structured generally
along the lines described in Chapter Fifteen of this document. The
programs involve (a) a voluntary approach and (b) a regulatory approach.
MAJOR ELEMENTS OF A VOLUNTARY PROGRAM
--Assign leadership for the effort to the state soil conservation
agency at the state level and to conservation districts at the
local level.
--Develop a strong information program focusing on designated
program areas.
--Provide technical and cost sharing assistance to land users
commensurate with the need to meet target abatement dates.
MAJOR ELEMENTS OF A REGULATORY PROGRAM
--A state law (or regulation) authorizing a state agency(ies) to
develop pollution control programs with counties and municipalities
in cooperation with conservation districts, or with conservation
districts.
--A requirement that land users (in designated problem areas) develop
a conservation plan to be approved by the applicable conservation
district and meeting the conservation district technical standards
and specifications (Best Management Practices). So long as the
land user proceeded in good faith to carry out his plan, he would
be deemed to be in compliance.
--Provide to land users, technical and cost sharing assistance
commensurate with the need to meet target abatement dates.
--Concentrate enforcement on dealing with the most critical problems.
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OVERVIEW OF SEQUENCE OF EVENTS
40 CFR
Part 131.11
STATE LEVEL Elements
1. Task Force Organization
Leadership, membership, goals, schedules
2. Data Inventory and Analysis (b), (d)
Evaluation, data gaps, plans (b)
3. Non-Point Source Problem Area Designations (b)
Segment classifications, basin/watershed delineations
4. Local Level Guidelines
Procedures
LOCAL LEVEL
5. Task Force Organization
Leadership, membership, goals, schedules
6. Non-Point Source Problem Area Designation Review (b),(d)
Recommended deletions/additions
7. Non-Point Source Problem Identification (d)
Sources, kinds
8. Non-Point Source Control Needs (j), (o)
Estimating amounts, best management practices,
costs, impacts
9. Report (j), (o)
Narrative, tables, maps
STATE LEVEL
10. Review of Local Level Reports
Adequacy, uniformity
11. Compilation of Statewide Non-Point Source Control Needs (j)
Amounts, best management practices, costs
12. Non-Point Source Program Formulation (j), (m), (n)
Legislative review, costs, impacts, implementing (o), (p)
agency(ies)
13. Recommended Non-Point Source Program
State law/regulations, management/implementing (m)> (n)> (°)
agency(ies), institutional and financial arrangements
STATE/LOCAL LEVEL
14. Non-Point Source Program Implementation (m), (n), (o)
State law/regulations, management/implementing
agency(ies), model ordinances, information and
education, institutional and financial arrangements, delivery
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PROCEDURES
STATE LEVEL
1. Task Force Organization
Key Elements:
State Agency Leadership Assignment(s)
Membership
Objectives, Goals, Schedules
Sub-Task Force(s)
Staff Support
Financial Arrangements
Discussion:
State Agency Leadership Assignment(s). The initiative for organizing
the task force should be taken by the state agency designated to develop the
statewide 208 water quality management plan. In view of the relationship
between the state soil conservation agency and conservation districts,
strong consideration should be given to assigning leadership to this agency.
As a minimum it is suggested that the state water quality management agency
and the state soil conservation agency share the leadership role.
Membership. Members of the task force should be drawn from those
federal and state agencies and other groups having interests, knowledge,
or program activities in the non-point source areas being considered.
State agency representation, in addition to the state water quality
management and state soil conservation agency, would involve those with
activities in agriculture, fish and game, forestry, health, highways,
mining/geology, and others, depending on the state organizational make-up.
Generally, the same type of representation should be sought from
federal agencies. The U.S. Department of Agriculture has arranged for
the creation of 208 Committees (or equivalent) usually consisting of the
Agricultural Stabilization and Conservation Service, Economic Research
Service, Forest Service, Soil Conservation Service, Farmers Home Administration,
and Cooperative Extension Service. This would be an excellent contact point.
Representatives from other groups could be considered including
designated 208 areas, river basin commission(s), the state association of
conservation districts, and other public interest groups and institutions.
The task force should not be so large as to be unwieldy. A screening
process for interest and participation may be in order or a steering committee
arrangement could be utilized.
Objectives, Goals, Schedules. Effective management of the task
force could be best achieved by adopting specific objectives, goals,
and schedules—a work plan or other document reflecting who, what,
where, and how. Periodic reviews would be in order to track progress.
Sub-Task Force. The appointment of sub-task forces may be needed to
undertake specialized jobs. Some may of an an ad hoc nature while others
might be needed for the entire program development period.
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Staff Support. Either the state water quality management agency or the
state soil conservation agency should provide suitable staff support to the
task force. The need for day-to-day coordination and the development and
tracking of work plans and schedules makes this virtually an essential
ingredient to the success of the undertaking.
Financial Arrangments. Appropriate financial arrangements would need
to be considered as a part of the work plan. Most agencies could be expected
to make some contributions to the effort out of their own resources. However,
special studies or other activities may well need to be financed from
208 sources. Agreements regarding work to be done and their associated
time-frames need to be developed and funding arrangments made.
2. Data Inventory and Analysis
Key Elements:
Inventory
Analysis and Evaluation
Data Deficiencies and Plans for Remedying
Discussion:
Inventory. An early task would be the inventorying of data—resource
information of all kinds and sources pertinent to the problem. Initially
a list might be compiled derived from information supplied by members of the
task force (see Chapter One for types of resource materials available through
conservation districts.) The list would then need to be screened and the
more relevant materials secured for analysis and evaluation.
Analysis and Evaluation. The various data would need to be analyzed
and evaluated as to adequacy for broad planning purposes. Usually, general
soils maps, topographic maps, land use maps and charts, and other information
are available on a state and county basis. Availability of water quality
information needs to be analyzed, particularly as it relates to non-point
source problems.
Data Deficiencies and Plans for Remedying. Should data deficiencies
surface, plans will need to be developed for remedying them. In view of
the time constraints (November 1, 1978, submission of water quality manage-
ment plan), data gathering at this time would likely be quite limited reflecting
perhaps some water quality sampling and on-site investigations and surveys.
Considerable reliance on existing knowledge and judgment will be required.
3. Problem Area Designations
Key Elements:
Segment Classifications
Basin/Watershed Delineations
Discussion:
Segment Classifications. Element (b)--Water Quality Assessment and
and Segment Classifications (40 CFR Part 131.11)--requires an assessment
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of water quality problems and the classification of segments. Segments
are to include the surrounding land areas that contribute to problems
and upstream sources are to be considered when identifying boundaries
of each segment. An assessment of present water quality may be available
as reflected in the state's report required under Section 305 (b) of P.L.
92-500.
Basin/Watershed Delineations. From the information developed in item
(1) above, delineate the basin/watershed boundaries (the surrounding land
areas) that contribute to the water quality problem, i.e., the area from
which the non-point source pollutants stem. The basin/watershed area so
delineated is referred to herein as the "designated problem area."
The suggestion to designate problem areas (basin/watersheds) is
advanced because it is not likely that all streams (waters) of a state
are so adversely affected by non-point source pollution as to require
remedial action at this time. In effect, this approach results in a
prioritization effort. If, on the other hand, all of the streams are in
fact adversely affected, the approach would be to develop a statewide
program. In either event, the procedures suggested herein would be applicable.
Assuming the problem area designation approach is accepted, the
suggestion is to delineate the basin/watersheds on either state or county
maps for transmission to the local level (see item 6). Surface mine
areas, stream reaches affected by hydro!ogic modifications, and other
information could also be shown on maps.
A number of information sources are available for the watershed
boundary delineations including:
U.S. Department of Agriculture Conservation Needs Inventory
River Basin Surveys and Investigations
U.S. Department of Agriculture Watershed and Flood Prevention Projects
U.S. Department of Agriculture River Basins Atlas
River Basin Commission Studies and Reports
Inter-Agency Studies and Reports
U.S. Geological Quadrangle Survey Maps
U.S. Geological Survey State Hydro!ogic Unit Maps
State Water Resource Studies and Reports
4. Local Level Guidelines.
Key Elements:
Procedures
Report
Discussion:
Procedures. The state level task force (or the lead state agency) should
develop "Local Level Guidelines" outlining the tasks to be undertaken at
the local level together with procedural and schedule information designed
to achieve reasonable uniformity incident to a state compilation. The basic
tasks to be undertaken at the local level are outlined in items 5-9 of this
framework guide.
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The time frame for local level action would depend on the amount of
detail requested and the degree of sophistication required. In general,
a time period of about three months should prove satisfactory for generating
the data from local sources.
Report. A report outline would serve a useful purpose in designating
those items to be covered in the local level report and in facilitating
the statewide compilation of information.
LOCAL LEVEL
5. Task Force Organization
Key Elements:
Leadership Assignment
Membership
Local Level Guidelines
Discussion:
Leadership Assignment. The initiative for organizing the local level
task forces and the unit of organization (county, basin, area) could be
taken either through the state level task force and/or a local entity. It
is suggested that the local organizational level be the county and that the
leadership role be exercised by the local conservation district (which in
most cases is established on a county basis).
The advantages of the county as the local unit are several. In most
instances, representatives of the state and federal agencies are assigned
to a county or are assigned to at least service a county in the case of an
area arrangement. These persons reflect perhaps the greatest knowledge of
local non-point source conditions and situations. Moreover, should the
county and municipalities contained therein serve a key role in program
implementation as covered in the regulatory approach of Chapter Fifteen,
their participation in the planning and development stages would familiarize
them with the entire concept and help create a greater public awareness.
The suggestion to assign leadership to the local conservation district
is based on the fact that the tasks to be performed are in line with
their mission, they have perfected working arrangements with most of
the expected participants, and they represent a type of citizen-guided
endeavor.
A representative(s) of the state task force could aid in establishing
the local task force and in outlining and coordinating the jobs to be done.
Membership. Membership of the local level task forces should generally
encompass local representatives of those serving on the state task force.
In addition, representatives of the county and municipalities should be
invited to participate, as well as public interest groups.
As in the case of the state task force, consideration should be given
to the need for a steering committee, sub-task forces, and/or staff
support with periodic meetings of the larger group for review and approval
purposes.
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Local Level Guidelines. A representative(s) of the state task force
should present the "Local Level Guidelines" at the first or an early meeting
of the local task force to explain the activities to be undertaken. At this
or in subsequent meetings, firm agreements and arrangements should be perfected
to accomplish the various tasks. The "Local Level Guidelines" could, for
example, contain a model local level work plan to facilitate the arrangements.
The need for staff support should also be considered and any needed
financial arrangements made if not already handled as a part of the state
task force organization.
6. Problem Area Designation Review
Key Elements
Review of Problem Area Designations
Recommended Additions/Deletions
Discussion:
Review of Problem Area Designations. The first job to be undertaken
by local task forces would be to review the problem area designations
(watershed delineations, surface mine areas, etc.) supplied by the state
task force as a result of its activities under item 3 of this guide. A
representative(s) of the state task force may wish to be present to
explain the basis of the designations.
Based on local knowledge and judgment, local task forces would be
asked to confirm if a problem in fact exists. Other considerations such
as relative priorities could be elicited.
Agreement on problem areas would be a substantial step forward in
gaining public acceptance of the need for a non-point source pollution
control program. The problem area review process would provide an excellent
opportunity for a public hearing(s).
For those watersheds crossing county boundaries, local task forces
could agree on the procedure for coordination or the state task force
could simply assign the responsibility to a local task force.
Recommended Additions/Deletions. Local task forces might have
recommendations for adding or deleting areas, and could include information
as the basis for their recommendations.
7. Non-Point Source Problem Identification
Key Elements:
Kinds of Pollutants
Sources of Pollutants
Discussion:
Kinds of Pollutants. Representatives (perhaps a sub-task force group)
of the local task force should proceed to list the kinds of pollutants affecting
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the stream segment(s) by the designated problem areas. Information supplied
by the state task force should aid in this endeavor since some water quality
sampling presumably would have been involved. Tables 1-1 through 1-9 of
Chapter One lists a number of kinds and sources of pollutants and would be of
aid as a guide. Chapter Five of this document discusses problem identification
and contains some indicators that should be of value.
Sources of Pollutants. Similarly, the sources of pollutants should
be listed. The quantification aspects are associated with item 8 of this
guide. If desired, the sources could be listed by those categories specified
in Element (j) of 40 CRF Part 131.11.
8. Non-Point Source Control Needs
Key Elements:
Estimating Extent of Problem(s) and Associated Best Management Practices
Costs
Impacts
Discussion:
Estimating Extent of Problem(s) and Associated Best Management Practices.
Chapter One describes the technical guides including soil and site information,
resource management systems, and practice standards and specifications.
Chapter Eleven contains a discussion of resource management systems and
best management practices. The soil, land use, and management classifications
and the detailed practice standards and specifications portions of the
technical guides are directly applicable in establishing best management
practices.
Chapter Eleven also discusses some techniques for determining the kinds
and amounts of best management practices needed to treat those areas from
which the pollutants stem. Basically, the determination involves the inter-
relationship of land use (or management systems), kind of soil (usually
soil groupings) and the associated conservation practices required
for treatment. In brief, the techniques presented include:
(a) U.S. Department of Agriculture Conservation Needs Inventory samples
(b) Representative conservation plan samples
(c) Representative typical farm enterprise samples
(d) Representative sub-watershed areas selected for detailed study
(e) Point samples
(f) Use of general soil map to determine areas of potential erosion
Using the information described in the first paragraph above and one
(or similar) of the techniques in the second paragraph, representatives
(perhaps a sub-task force group) of the local task forces would be able
to determine for each watershed problem area the kinds and amounts of best
management practices needed for dealing with sediment, organic (animal
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wastes); and salt (irrigation) pollutants. Any of the techniques outlined
above should yield reasonable accurate estimates for planning purposes
although (b) and (d) might be more reliable since they more closely approach
actual on-the-ground situations.
Unless allowances were made in the sampling process for best management
practices already applied, the estimates derived would be for total best
management practices needs. Records are available in the conservation district
to estimate best management practices applied to date, which can be
subtracted from total needs to yield the remaining best management practices
needs (the non-point source control needs).
Depending on the nature and scope of the sampling procedure, some
additional studies in support of the above may be warranted. These could
include such items as surface mine areas, roadside erosion, streambank
erosion, and construction activities. In the latter case, county and/or
municipal planning commissions might be helpful with respect to growth
patterns and estimates.
Costs. From information available through the conservation district,
cost and other data could be generated at the local level. For example,
estimates could be provided for:
Cost of Application (Installation) of best management practices
Cost of Operation and Maintenance of best management practices
Cost of Replacement of best management practices (life-span of practices)
Cost of Technical Assistance Needed to Install best management practices
Cost of Incentive Program
Cost of Administering non-point source program at local level
Expected Participation by Land Users with and without an incentive program
Other
Impacts. Depending on the desires of the state task force, observations
could be solicited from the local level task forces on the environmental,
social,and economic impacts of a non-point source pollution control program.
Similarly, expressions on target abatement dates and other aspects could
be sought.
9. Report
Key Elements:
Narrative/Tabular Information
Maps
Discussion:
Narrative/Tabular Information. To achieve reasonable uniformity and to
facilitate compilation, the state task force may wish to provide a detailed
report outline for the narrative and tabular portions of the local level
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task force reports. The information to be included would largely consist
of that associated with items 6, 7, and 8 of this framework guide. They
would be transmitted to the state task force.
Maps. Maps supplementing the narrative report would be a useful
adjunct and would be especially valuable for public hearings or public
interest group reviews.
STATE LEVEL
10. Review of Local Level Reports.
Key Elements:
Adequacy
Uniformity
Discussion:
Adequacy/Uniformity. Representatives of the state task force, either
the staff support group or a sub-task force, should review local task force
reports for adequacy and for a reasonable degree of uniformity. It may be
necessary to contact local task forces during this review to clarify
portions of the reports or to seek reasons for widely divergent views.
11. Compilation of Statewide Non-Point Source Control Needs
Key Elements:
Compilation
Report
Discussion:
Compilation. From the local task force reports, representatives of the
state task force would compile an estimate of statewide needs. For some of
the items a simple tabulation might suffice. For others—largely the
judgment items or impacts—a narrative might be required, e.g. an opinion survey.
Report. The compilation should result in a report suitable for review
and study by the state task force in general and the state soil conservation
agency and the state water quality management agency in particular.
12. Non-Point Source Program Formulation
Key Elements:
Legislative Review
Analysis of Costs and Impacts
Target Abatement Date(s)
Voluntary/Regulatory Program Considerations
Management Agency(ies)
Financial Considerations
Best Management Practices Handbook
Discussion:
Legislative Review. A review of state/county/municipal laws, ordinances,
rules, regulations, etc., pertaining to non-point source pollution controls
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should be undertaken. There may already exist such items as erosion and
sediment controls, mining laws, and forest practice acts which should be
inventoried and analyzed for adequacy and for possible manr-qement agency
designations or implementing mechanisms. For some non-poin,. source categories
the necessary controls and delivery system may already be in place. For
others new approaches or new state legislation/rules/regulations/authorities
may need to be developed.
Analysis of Costs and Impacts. Some form of a benefit/cost analysis
is an essential ingredient in the program formulation process and in the
selection of non-point source controls. The relationship of total
benefits and the private and social costs, as well as the impacts or groups
affected, is basic to the decision-making process.
In making this analysis Section 5 (Economic Considerations) of
"Control of Water Pollution from Cropland, Volume I" (available from
Environmental Protection Agency as Report No.EPA-600/2-75-026a and from
USDA's Agricultural Research Service as Report No. ARS-H-5-1) would be of
considerable help. Representatives of the state land grant university and
the state representative of the USDA Economic Research Service could provide
particularly valuable aid in this regard.
Target Abatement Date. The establishment of target abatement
date(s) may well vary by non-point source categories depending on the
nature and extent of the problems. The date(s) would also be influenced
by the analysis of costs and impacts, availability of legislation and funding,
and by public acceptability generally.
Consideration may need to be given to a phased approach, dealing with
the most critical problems over the first few years and then gradually
with the others.
Voluntary/Regulatory Program Considerations. Chapter Fifteen contains
a discussion of voluntary and regulatory approaches. Also outlined
in the chapter are suggested program structures for both approaches.
Management Agencies. The selection of management agency(ies) will
probably vary by non-point source categories and, of course, by different
state legislative, organizational, and institutional patterns.
Chapters Fifteen and Sixteen discuss a possible program structure and
conservation district implementation capabilities with regard to sediment
pollutants, organic pollutants (animal wastes), and mineral salt pollutants
(irrigation).
Financial Considerations. Another consideration in the program
formulation stage is the matter of finances. Both the amounts and sources
(federal, state, local) of funds need to be identified for such items as
information and education efforts, training programs, administrative costs,
technical assistance costs, and special incentive program costs.
Best Management Practices Handbook. A best management practices hand-
book would need to "be developed as a public information document and an
implementing tool.
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Chapter Eleven contains a discussion of the link between local
conservation district technical guides and best management practices
and offers a suggested format for the individual best management practices
to be included in a handbook.
13. Recommended Non-Point Source Program
Key Elements:
Program Strategy
Proposed Program
Voluntary/Regulatory
Target Abatement Date(s)
Management Agency(ies)
Funding
Executive/Legislative Action
Discussion:
Program Strategy. Culmination of the efforts outlined in items 1
through 12 of this framework guide would be a recommended non-point source
program. Basic to the task would be development of a program strategy covering
such items as the kind of program (voluntary or regulatory), non-point source
pollutants to be controlled (variable approaches may be needed by pollutant
sources), priorities, and the like.
Proposed Program. Should a voluntary approach be selected, appropriate
institutional arrangements would need to be considered and draft agreements
drawn. Target abatement dates would need to be estimated and management
agencies and/or implementing agencies identified. The nature and scope of
funding would also need consideration as well as a "program package" for use
in public hearings and with executive/legislative groups.
In the event a regulatory approach were selected, appropriate
implementing authority (if not available) together with information regarding
the nature and scope of the program would need to be considered. Proposed
state legislation and/or regulations would need to be drawn with the principal
features of the program either included therein or as supporting materials.
Funding. Concurrent with the proposed program (voluntary or regulatory)
and assuming funding would be derived through the federal and/or state
appropriation processes, funding proposals would need to be advanced and
appropriate legislation drawn.
Executive/Legislative Action. Should adequate state implementing
authority already exist, perhaps an executive (governor) and legislative
(state legislature) review and endorsement would be all that would be
required to trigger either a voluntary or regulatory program. However, if
new legislation is proposed, formal executive/legislative action would
be required. Proposed appropriations would, of course, require legislative
action. In either event, an executive/legislative endorsement would
tend to enhance public acceptability of the program.
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STATE/LOCAL LEVEL
14. Non-Point Source Program Implementation
Key Elements:
Information and Education
Training
Model Ordinances/Regulations
Institutional Arrangements
Financial Arrangements
Discussion:
Information/Education. Following executive/legislative endorsement
and/or approval of the non-point source pollution control program and the
requisite funding, implementation could begin. An early effort in this
regard would be a vigorous information and education program. Leadership
for this activity might well be vested in the state's Cooperative Extension Service.
Training. Training sessions may be needed. If the approaches outlined
in Chapter Fifteen of this document were adopted, leadership would accrue to
the state soil conservation agency.
Model Ordinances/Regulations. In the case of a regulatory program
developed along the lines described in Chapter Fifteen, preparation
of model ordinances/regulations would be of considerable value in avoiding
duplication of effort, in achieving a reasonable degree of uniformity,
and in assuring adequacy.
Institutional Arrangements. Institutional arrangements would need to
be perfected and agreements made.
Financial Arrangements. For whatever funding involved in the program
(administrative, technical assistance, incentives), appropriate financial
arrangements would need to be made.
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55331
APPENDIX 1-1
ENVIRONMENTAL
PROTECTION
AGENCY
Policies and Procedures for the State Continuing
Planning Process
Preparation of Water Quality Management Plans
Procedures for Providing Grants to State and
Designated Areawide Planning Agencies
n — po'trrts AND
FOIt SDTCE COMTtNBING PUWMmO
(FRL 491-*]
PART 13O— POUCIES AND
FOR CONTINUING PLAfOHNtt PROCESS
PtoflcUts 3mA Procedures forth* S»s*»
On July 19, 1975, notffce was published'
In the FEDERAL RBGISTJCS. 40 JTR 298*3,
that the Environmental Protection
Agency was proposing to amend the poli-
cies and procedures for the State con-
tinuing- planning process (40 CER Part
130) pursuant to sections 208 antf 30?fe>
of the Federal Water Pollution, control
Act Amgndments of 1972, Puo. IL 82-JfW,
88. Stat fflfl 0.9121 ; <33 tTJS.C. X251 «t
seq ) (hereinafter referred to as,ttui Actl .
On. Septeinbei a, 1375, nQUc* WM pi^S-
Ilshed In the FETIBRAI. .Rxtrrs-nsa. 4fl Eft
41649, tbat the EnvlronnieiitaLE*cote
-------
RULES AND REGULATIONS
55335
ments are in accordance with a Court
Order issued by Judge John Lewis Smith,
Jr., in Natural Resources Defense Coun-
cil et al. v. Train, et al., D.C. D.C. Civ.
Act. No. 74-1485, which stipulates that
Section 208 planning must be conducted
by the States in all areas that are not
designated in accordance with section
208(a) (2) through (4) of the Act.
Sections 303 (e) and 208 of the Act re-
quire State and designated areawide
planning agencies to submit a continuing
planning process which is consistent with
the Act. The continuing planning process
directs the development of water quality
management plans and implementing
programs prepared pursuant to sections
208 and 303(e) of the Act and Part 131
of this'Chapter (Preparation of Water
Quality Management Plans). All States
have a continuing planning process
which has been approved previously by
EPA; these amended regulations, how-
ever, will necessitate revision of the
States continuing planning process.
The amendments to 40 CFR Parts 130
and 131 are specifically designed to in-
corporate section 208 requirements for
both State and designated areawide
planning agencies into a single set of
regulations that describes the policies
and procedures for such planning. Reg-
ulations under 40 CFR Part 35, Subpart
A describe the procedures for providing
grants to both State and areawide plan-
ning agencies for the conduct of section
208 planning. This consolidation of the
requirements of section 208 for area-
wide planning agencies and sections
303(e) and 208 for State planning agen-
cies will establish a single Statewide
process that fulfills all applicable re-
quirements for water quality manage-
ment planning and implementation un-
der the Act. —"
These amended regulations describe
the necessary elements of, and provide
procedures for review, revision, and ap-
proval of a State's continuing planning
process. In addition, these regulations
now provide the mechanism for States to
satisfy the Statewide requirements of
section 208. They also provide the States
with a mechanism for satisfying portions
of sections 303(c) (Review and revision
of water quality standards): 303(d)
(Critical waters and total maximum
daily loads); 305 (b) (Assessment and
projection of water quality and related
Information, including nonpoint
sources); 314(a> (Clean lakes); and 516
(b) (Federal/State estimate of publicly
owned treatment works construction
needs); they also provide data for 104
(a) (5) (Federal report on water quality).
The broad goals of the continuing
planning process are to assure that the
necessary institutional arrangements and
management programs are established to
make and implement coordinated de-
cisions designed to achieve water quality
goals and standards; to develop a State-
wide (State and areawide) water quality
assessment; and to establish water qual-
ity goals and State water quality stand-
ards which take Into account overall
State and local policies and programs, In-
cluding those for management of land
and other natural resources; and to de-
velop the strategic guidance for prepar-
ing the annual State program plan re-
quired under Section 106 of the Act.
Assistance to State and local agencies
under Section 106 is dealt with in Sub-
part B of 40 CFR Part 35.
The level of detail of water quality
management plans will be tailored to the
water quality problems of the area, vary-
ing from intensive planning in desig-
nated, complex problem areas to mini-
mal planning where the State certifies
that no water quality problems exist.
The timing for development and the
content of plans will be established by
agreement between the State and the
Regional Administrator, consistent with
the following: ^
(a) Phase I plans consist of those plans
submitted prior to July 1, 1975, or those
plans submitted prior to July 1, 1976,
where an extension of up to one year has
been granted by the Regional Adminis-
tractor for specific basins or other an-
proved planning areas. For Phase I, the
requirements for planning are those re-
quirements set forth in 40 CFR Parts 130
and 131, "Water Quality Management
Ba^in Plans," promulgated on June 3,
1974.
(b) Phase II plans consist of those
plans, or portions thereof, submitted af-
ter Phase I plans are approved. Initial
Phase II State water quality manage-
ment plans and areawide water quality
p'ma?<-ment Hans must be completed,
adopted, certified, and submitted to the
T5~-jom] AHrriini-trator for approval no
later than November 1, 1978. The plans
are to conform with the requirements of
Parts 130 and 131 as amended.
Regulations under Part 131 of this
Chapter describe requirements for the
preparation of State and areawide water
quality management plans pursuant to
the State's continuing planning process.
Such plans form a basis for Implementing
applicable point and nonpoint source
controls in order to achieve the require-
ments of the Act. These plans are to con-
sist of such elements as are necessary for
sound planning and program manage-
ment in the area covered by the plan.
Regulations under Part 35, Subpart A of
this Chapter set forth the procedures for
obtaining grants for State and areawide
water quality management planning.
Regulations under Part 35, Subpart B
of this Chapter describe requirements
for the preparation of the annual State
program plan. Part 131 and Part 35,
Subpart B regulations should be con-
sulted during the review and revision of
the continuing planning process under
this Part 130. Additional guidelines con-
cerning the continuing planning process,
the development of State and areawide
water quality management plans, and
the development of the annual State pro-
gram plans will be prepared to assist the
State and areawide planning agencies in
carrying out the provisions of these regu-
lations.
Federal properties, facilities, and activ-
ities are subject to Federal, State, in-
terstate, and local standards and effluent
limitations for control and abatement off-
pollution. The State's planning proces^
should include provision for Federal
sources. It is contemplated that Federal
agencies will provide information to the
States in accordance with procedures es-
tablished by the Administrator.
Written comments on the proposed
rulemaking were invited and received
from nearly 100 interested groups, in-
cluding EPA Regional Offices, State and
local governments, other Federal agen-
cies, industrial organizations and special
interest groups. In addition, verbal com-
ments were obtained from representa-
tives of State and local government. All
written comments are on file with the
Agency. Most of these "comments have
been adopted or substantially satisfied by
editorial change, deletions from, or ad-
ditions to the regulations. The majority
of substantive comments centered
around the issues discussed below.
1. State and Local Governmental In-
terrelationships.
From the outset of the development of
these regulations. State and local gov-
ernment representatives have suggested
that EPA describe in the regulations the
specific responsibilities and relationships
between State, local and Federal gov-
ernments relating to 208 planning and
implementation requirements.
The final regulations reflect the pri-
mary role of the States in coordinating
planning on •) Statewide basis, consistent
with Judge Smith's Court Order, and
describe the eeneral requirements for co-
ordinating integration and communica-
tion between State and local govern-
ments. The regulations provide the flex-
ibility to allow and, indeed, encourage
State and local government to work out
their own appropriate institutional ar-
rangements relating to water quality
management planning and implementa-
tion. In this regard, the regulations re-
flect the specific mandates of the Act
and, additionally contain a requirement
for establishment of State and local pol-
icy advisory committees in order to as-
sure that adequate and appropriate
results from local. State and Federal gov-
ernments will be included in the devel-
opment and implementation of water
quality management plans.
2. Relationship of Planning Process
and Other Programs.
Because State and designated area-
wide water quality management plat>
ning will ultimately serve as the basis
for implementation of essentially ail
programs under the Act, the relation-
ship of and impact on ether programs
was carefully formulated in the pro-
posed regulations.
The major concern relating to provi-
sion of legal sanctions (i.e., withholding
of construction grants and/or permits in
the absence of comolete planning) was
resolved prior to the proposed regula-
tions as a result of an EPA legal opinion.
Thus, the final regulations do not in-
corporate sanctions for noncompliance,
but provide that once a plan has been
approved by the Regional Administrator
no permits shall be issued or construc-
tion grants approved which are in con-
fEDERAL REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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RULES ANO REGULATIONS
lict with the plan. Recognizing that
other determinations outside the plan-
ning process by EPA and/or the States
could lead to inconsistencies with ap-
proved plans, the final regulations clarify
how such determinations are to be dealt
with In revising the plans.
3. Designation Procedures for Area-
wide Planning Areas and Agencies.
Many comments indicated that the
proposed procedures were unclear as to
whether the Governor made the final
decisions on designations or whether the
chief elected officials could override the
Governor's decision. In addition, many
comments, also indicated that the pro-
posed regulations put an undue burden
on States that have already designated
the eligible areas and agencies within
their States by requiring them to reopen
the designation process.
The designation procedures have now
been cfarifled to indicate that the Gov-
ernor makes the final designation deci-
sions. However, the chief elected officials
are given the opportunity to fully par-
ticipate In the Governor's decision. In
addition, the designation procedures
have been revised to provide for a waiver
for those States where the Regional Ad-
ministrator determines that the initial
designation process resulted in the des-
ignation of all eligible areas and agencies
within the State.
4. Lack of Adequate Manpower and
Funding.
Concern was raised regarding the lack
of adequate manpower and funding
needed for the State and area wide plan-
ning agencies to conduct 208 planning.
The final regulations recognize that the
ability to conduct this planning in the
nonpolnt source area will be dependent
upon the availability of additional re-
sources. Thus, these regulations have
been amended to allow flexibility for the
States In reorienting their water quality
management programs. The State/EPA
agreement on timing and level of detail
and the areawlde planning agency work
plan are to be used as the mechanisms to
Identify the specific planning to be con-
ducted by agreement with the EPA Re-
gional Administrator. The timing of plan
preparation, however, Is constrained by
the November 1, 1978 deadline. Thus, the
States and areawide planning agencies,
are required to tailor their Individual
planning processes to fit the specific
planning constraints facing the agency
as well as the specific water quality
problems to be solved.
8. Water Quality Standards Revisions/
Antldegradatton.
State and areawlde planning agencies
have be«n concerned throughout the de-
velopment of these regulation.? that EPA
has not adequately addressed the Issue of
revisions to water quality standards and
development of a Statewide policy OB an-
tidacradMfan. Thesa regulations set
forth. dewty EM'S policy regarding tlu»
'rale' of witter quality standards tn
goals of tha Act and tit*
Ja»»t «f watev
auppwrte to«
•Uadwrde, whiefe
win support the protection and propaga-
tion of fish, shellfish and wildlife and
recreation in end on the water. In fur-
therance of this objective, EPA believes
that water quality standards should be
established at levels consistent with the
national water quality goal of section
101 (a) (2) of the Act for every stream
segment wherever those levels are attain-
able. The guidance to the States in these
regulations regarding revisions'of their
water quality standards is based on this
general principle. While standards at
these levels may not be attainable now
for some stream segments, EPA expects
the State to continue to review their
standards and upgrade them to the na-
tional water quality goal whenever such
standards become attainable.
EPA Regional Administrators will re-
vjpw the actions of the States regarding
teese revisions and will, when appropri-
ate, request additional information from
the States to evaluate the basis for estab-
lishing standards at levels less stringent
than the national water quality gpal.
These regulations further provide that
existing water uses shall be maintained,
and where existing water quality stand-
ards do not specify and protect the exist-
ing uses, that the State shall upgrade
its standards to achieve such specifica-
tion and protection of these uses. These
regulations also provide that designated
uses in existing water quality stand-
ards shall be maintained and that the
existing standards shall not be down-
graded to designate and protect less re-
strictive uses unless one or more of the
criteria listed in 5 130 17(c) (3) are met.
It should also be emphasized that In
addition to the water quality standards
established by the States, EPA's commit-
ment to achieving the national water
quality goal will also be implemented
through the application of section 302 of
the Act. That provision allows the Ad-
ministrator to establish effluent limita-
tions for point sources more stringent
than the technology-based limitations
mandated for 1983 when a greater redac-
tion In discharges is necessary to achieve
the national water quality goal for a par-
ticular stream segment. The statute al-
lows a discharger to request adjustments
of such limitations If the discharger
demonstrates that there Is no reasonable
relationship between the economic and
social costs and the benefits to be ob-
tained. EPA is convinced, however, that
the adoption of stringent water quality
standards, supplemented with appropri-
ate use of Section 302 limitations win
make the achievement of the national
water quality goal a reasonable prospect.
. The Agency's antldegradatlon policy is
the same In many respects as the policy
that EPA and Its predecessor Agency
have encouraged the States to adopt la
ttoe past. The policy provides for protec-
tion of existing instreata water uses and,
for water whose Quality exceeds the tan-
ttonal water quality goals, prohibits deg-
radation except to allow necessary and
Justifiable economic and social develop-
ment, Tn no erent may degradation of
w»t«r quality interfere with or beco«w
t&*orioo» toesfcttn» faatrwwn water BMW.
The effect of Including antidegradatlon
requirements In these regulations is to
require the States to review their cur-
rent antidegradation policies and to es-
tablish a mechanism, including a public
process, for implementing the State anti-
degradation policies.
As discussed above, these regulations
are issued hi response to an Order of the
District Court for the District of Colum-
bia, and contain a provision for plan sub-
mission no later than November 1, 1978,
as required by the Order of the Court.
Given the limited amount of time for
the plans to be completed, and the conse-
quent need for both State and areawlde
agencies to move forward quickly to ad-
just their planning processes to these
regulations, good cause is hereby found
for making these regulations effective
upon publication.
In consideration of the foregoing, 40
CPR Is hereby amended by deleting the
existing parts 126 and 130 by adding
a new Part 130 to read as follows.
Dated: November 21, 1975.
RUSSELL E. TSADT,
• Administrator.
Subpart A— Scopa and Purpose; Definitions
Sec.
130.1 Scope and purpose.
130.2 Definitions.
130.10
130.11
130.12
130.13
130.14
130.15
130.18
130.17
Subpart B— General
Planning process requirements.
Agreement on level of detail and
timing of State water quality man-
agement plan preparation.
Designation of State planning
agency.
Designation of ftreawlde planning
areas and agencies.
Delegation of planning respoc-slblll-
tles.
Designation of management agencies.
Intergovernmental cooperation and
coordination.
Water quality standards.
Subpart C — Reqolrem«nt* for St»ta S
130 JO State strategy; contents an4 sub-
mission.
Subpart D— Relationship of Planning Proc«s
and Oth*r Programs
130.30 Relationship to monitoring and sur-
veillance program.
130.31 Relationship to municipal facilities
program.
130.32 Relationship to National Pollutant
Discharge Elimination System.
ISO. 33 Relationship of State and designated
areawlde planning programs.
130.34 Relationship to other local, State,
and Federal planning program*.
130. 45 Planning requirement* for Federal
properties, faculties or actlv'rtl«s.
Sufapart E — Slut* Planning Procasa AdcMico,
Approval and Rcvtelona PracMlvM; S«pwra-
130.40 Adoption f "•'. gubmiasiuu of Slita
process description.
130.41 Review and approval or disapproval
of State procea*.
130.43 Withdrawal of approval of SUta
progooa.
130.43 Review uxl revision of Stata process.
130.44 Separability.
AuTHOmrrr: Sees, 106, 308. 303(d). 3M(e),
WS(b), Sl«, 801, 619(6) of the l^Cirsl Water
Ooot^oJ Act, M RMMKlMi; Fn». I»
RMML rtOtSnt, VOi. 40, NO. 230—flHOAT, riOVUMBt «. \97S
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RULES AND REGULATIONS
5533',
92-500, 86 Stat. 816 O972); (33 U.S.C. 1251
et. seq.).
Subpart A—Scope and Purpose;
Definitions
§ 130.1 Scope and purpose.
(a) This part establishes regulations
specifying policies, procedures, and other
requirements for the continuing plan-
ning process for the State pursuant to
sections 208 and 303(e) of the Act and
for designated areawide agencies pur-
suant to section 208, (3), or (4) of the Act
.within a State. Preparation, adoption,
and implementation of water quality
management plans in accordance with
regulations under this part and Part 131
of this Chapter shall constitute compli-
ance with. State responsibilities under
sections 208 and 303(e) of the Act and
areawide responsibilities under section
208 of the Act.
(g) The term "State planning area"
means that area of the State that is not
designated pursuant to section 208(a)
(2), (3). or (4) of the Act. State plan-
ning areas are to be identified In the
planning process description that is sub-
mitted by the State for approval by the
Regional Administrator. Depending
upon the requirement being considered,
the State planning area may be subdi-
vided into "approved planning areas'
that may include the entire State or por v
tions of the State defined by hydrologic,
political, or other boundaries.
(h) The term "designated areawide
planning area" means all areas, desig-
nated pursuant to section 208(a) (2),
(3), or (4) of the Act and § 130.13.
(1) The term "State planning agency"
means that State agency designated pur-
suant to section 208(a) (6) of the Act
and § 130.12(a).
(j) The term "designated areawide
planning agency" means that agency
designated in accordance with section
208(a) (2), (3), or (4).of the Act.
(k) The term "effluent limitation"
means any restriction established by a
State or the Administrator on quantities.
rates, and concentrations of chemical,
physical, biological, and other constitu-
ents which are discharged from point
sources into navigable water, waters of
the contiguous zone, or the oceans.
(1) The term "schedule of compliance"
means in reference to point and non-
point sources of pollutants, a sequence of
actions or operations leading to compli-
ance with applicable effluent limitations,
other limitations, prohibitions, practices,
or standards which ttre contained in a
National Pol'utant Discharge Elimina-
tion System permit or in a State permit
or other regulatory program which Is
legally binding en the owner or operator
of the source.
(m) Ths term "target abatement
dates" means:
(1) For point sources, a sequence of
actions or control measures which have
not yet been formally adopted through
the permit process.
(2) For nonpoint sources, a sequence
of remedial measures, actions, or op-
erations which have not been formally
adopted through implementation of
management or regulatory programs
established pursuant to approved State
water nuilitv management plans, or por-
tions thereof.
(n) The term "National Pollutant
Discharge Elimination System" means
the national p?rmitHng svstem author-
ized under section 402 of the Act, in-
cluding any State permit program which
has been approved bv the Administrator
pursuant to section 402 of the Act.
(o) The term "fesment" means a por-
tion of an approved planning area, the
surface waters of which have common
hvdrologic characteristics (or flow reg-
ulation pattern?) : common natural
physical, chemical and biological char-
acteristics and processes; and common
reactions to external stress?';, such as the
discharge of poUutants. Si-v-nents will be
classified as either a water quality seg-
nvnt or an effluent limitation segment as
follows:
(1) Water quality segment. Any seg-
ment where it Is known that water
quality does not meet applicable water
quality standards and/or Is not expected
to meet applicable water quality stand-
ards even after the application of the
effluent limitations required by sections
FEDERAL REGISTER, VOL 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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55338
RULES AND REGULATIONS
"IKbHlHB) and 301(b)(2)(A) of the
3t.
(2) Effluent limitation segment. Any
segment where It is known that water
quality is meeting and will continue to
meet applicable water quality standards
or where there is adequate demonstra-
tion that water quality will meet appli-
cable water quality standards after the
application of the effluent limitations re-
quired by sections 301 (b) (1) (B) and 301
(b) (2) (A) of the Act
(p) The term "significant discharge"
means any point source discharge for
which timely management action must
be taken In order to meet the water
quality objectives within the period of
the operative water quality management
plan. The significant nature of the dis-
charge is to be determined by the State.
but must include any discharge which is
causing or will cause water quality prob-
lems.
(4) The term "Best Management
Practices" (BMP) means a practice, or
combination of practices, that is deter-
mined by a State (or designated area-
wide planning agency) after problem as-
sessment, examination of alternative
practices, and appropriate public partici-
pation to be the most effective, practi-
cable (including technological, economic,
and institutional considerations) means
of preventing or reducing the amount of
pollution generated by nonpoint sources
to a level compatible with water quality
goals.
(r) The term "residual wastes" means
those solid, liquid, or sludge substances
from man's activities in the urban, agri-
cultural, mining and industrial environ-
ment remaining after collection and
necessary treatment.
(s) The definitions of the terms con-
tained in Section 502 of the Act shall be
applicable to such terms as used in this
part unless the context otherwise re-
quires.
Subpart B—General Requirements
§ 130.10 Planning process requirements.
(a) The'State and designated area-
wide planning agencies shall establish
a planning process which provides for
the establishment of necessary Institu-
tional arrangements and management
programs to make and implement coor-
dinated decisions designed to achieve
water quality goals and standards. The
planning process shall include:
(1) Public participation during plan
development, review, and adoption in ac-
cordance with section 101 (e) of the Act
and in accordance with Part 105 of this
Chapter;
(2) Adequate Intergovernmental input
in the development and implementation
of water quality management plans as
described in J 130.17;
(3) The coordination and integration
of the water quality management plan-
ning in State planning areas and in des-
ignated areawide planning areas as de-
scribed In 3 130.33, and coordination of
water quality management planning
vrith related Federal, State, Interstate,
and local comprehensive, functional, and
other developmental planning activities,
including land use and other natural re-
sources planning activities, as described
ha § 130.34;
(4) The preparation, adoption, and re-
vision, of water quality management
plans for the appropriate areas and
waters within the State that fulfill the
requirements contained in Part 131 of
this Chapter;
(5) The establishment and implemen-
tation of regulatory programs identified
in approved water quality management
plans prepared pursuant to Part' 131 of
this Chapter;
(b) In addition to the requirements of
5 130.10(a), the State agency planning
process shall provide for the following:
(1) The development, review and
adoption of water quality standards in
accordance with § 130.17(a) and with
section 303(c) (1) and (2) of the Act;
(2) The development, adoption and
implementation of a Statewide policy on
antidegradation, consistent with the cri-
teria identified in § 130.17(d) ;
(3) The review, and certification of
plans for designated areawide planning
areas as required pursuant to § 130.33;
and
(4) The annual preparation of the
State strategy as described in Subpart C
of this part.
(c) The description of the State plan-
ning process that is to be submitted by
the Governor pursuant to 8 130.40(b)
shall contain, as a minimum, the fol-
lowing:
(1) A description of how each of the
requirements specified in 9 130.10 (a)
and (b) will be achieved.
(2) A listing(s) and a map(s) of the
State showing proposed State planning
areas in which planning is to be con-
ducted by the State pursuant to this part
and Part 131 of this Chapter and a list-
ing(s) and a map(s) showing those area-
wide planning areas that have been des-
ignated or are expected to be designated
(including a timetable for designation)
under section 208(a) (2), (3), or (4) of
the Act in which planning is to be con-
ducted by areawide planning agencies
pursuant to § 130.13.
(3) A listing(s) and mapfs) of the
State showing each segment and its clas-
sification.
(4) A State/EPA agreement on the
level of detail and the schedule for prep-
aration of State water quality manage-
ment plans as described In 5 130.11.
(5) A schedule for review and revision,
where necessary, of water quality stand-
ards and for development and adoption
of a Statewide policy on antidegradation,
together with a schedule of milestones
which includei proposed dates for public
hearings on the revisions and antideg-
radation policy. The schedule shall pro-
vide that the water quality standards
and the antidegradation policy will be
reviewed and revised in ample time to
be used as a basis for 1977-1983 manage-
ment and regulatory decisions.
<8> The Identification of the State
planning agency designated pursuant to
S130.12(a).
(7) A listing of the areawide planning
agencies that have been designated by
the Governor or the identification of
areawide planning agencies that will be
designated by the Governor (including a
timetable for designation) to perform
planning in areawide planning areas
designated pursuant to section 208 (a) (2)
or (3) of the Act and § 130.13(b).
(8) A description of the State's man-
agement program to oversee water qual-
ity management planning conducted by
designated areawide planning agencies.
including the monitoring of progress and
accomplishment of key milestones speci-
fied in the areawide planning agency's
work plans, and to otherwise assure
timely and meaningful State involve-
ment in the areawide planning process.
(9) A listing of the delegations made
pursuant to § 130.14 (a) to the agency or
agencies that will perform the planning
under this part and Part 131 of this
Chapter.
(10) A listing of proposed represent-
atives on the policy advisory commit-
tce(s) established in accordance with
5 I30.16(c) for each approved planning
area.
(11) A statement that legal authori-
ties required at the local and/or State
levels to prepare, adopt,.and implement
State water quality management plans
as required by the planning process exist
or will be sought.
§ 130.11 Aprcrniciil on loci of dcl.iil
and timing of Stale water
-------
areawide water quality management
plans shall be completed, adopted, cer-
tified, and submitted to the Regional
Administrator In accordance with
S 130.20 no later than November 1, 1978.
§ 130.12 Designation of Sute planning
agency.
(a) The Governor shall designate, in
accordance with i 130.10(c) (6). a State
planning agency to be responsible for the
conduct and coordination of the required
planning under this part and Part 131
of this Chapter.
(b) Although the State planning
agency designated, pursuant to 9130.12
(a) may delegate portions of its respon-
sibilities to other State, Federal, local,
or interstate agencies in accordance with
§ 130.14, the State planning agency shall
assure that each element of the State's
approved planning process is achieved.
§ 130.13 Designation of areawide plan-
ning area* and agencies.
(a) The Governor(s) shall identify
areawide planning areas pursuant to sec-
tion 208 (a) (2) pr (3) of the Act which.
as a result of urban-industrial concen-
trations or other factors, have substan-
tial water quality control problems. A
substantial water quality control problem
will be deemed to exist when water qual-
ity has been or may be degraded to the
extent that existing or desired desig-
nated 'water uses are Impaired or pre-
cluded and when the water quality con-
trol problem is complex.
(Non: In approving such designations °*
areawide planning are**, tha Administrator
will give preference to area* ot urb&n-lndus-
trlal concentration.)
(b) The Governor(s) shall, after con-
sultation with appropriate elected and
other officials of local governments hav-
ing jurisdiction hi those areas identified
tn accordance with { 130.13(a) , designate
areawide planning areas provided that:
(1) The affected general purpose or
other appropriate units of local govern-
ment within the boundaries ot the area-
wide planning area have in operation a
coordinated •waste treatment manage-
ment system, or show their Intent,
through a. demonstrated effort tg obtain
and submit resolutions of Intent from
thorn governmental unit* believed to be
critical In the planning- and implemen-
tation of the area wide 208 plan.
(Nom In theea ea*m wiser* It to not pos-
•fblv'to o%t*ln th» c*oeM*ry renoJutSowi of
'fcrtea*. 'tb* Governor, ta QM 'OmigxtaSloa
fiwm*. toruct «tlpmtet> that ttw a»jtemm»»
•f Uw «»«• wtB b* *wi to aa*u* atMtjttM*
«M»l>Hatifa\ vlth.th* pfenning mod m»n«fl«-
marit proces* requirement* of Mctton 308
, iS? 7T» affected nil* at local go»-
iBtfti h»r« let** authority tn enter into
agreements for coordinated wute water
• management tat compliance
208 ol lft« Jtet
.
ftre* to not mniiJUfrl with • water pol-
"h«ieh '•*»**' proWeW for Which- tt»
»W» W «T tee Act.
RULES AMD REGULATIONS
(c) The Governor (s) shall designate
a single representative organization ca-
pable of developing effective areawide
plans in accordance with section 208 of
the Act for each area designated pursu-
ant to 5 130.13(b), Each areawide plan-
ning agency shall:
(1) Be a representative organization
whose membership shall Include, but
need not be limited to, elected officials
of local governments or their designees
having jurisdiction In the designated
areawide planning area;
(2) Have waste treatment planning
jurisdiction in the entire designated
areawide planning area;
(3) Have the capability to have the
water quality management planning
process fully underway no later than one
year after approval of the designation;
(4) Have the capability to complete
the initial water quality management
plan no later than two years after the
planning process is In operation; and
(5) Have established procedures for
adoption, review, and revision of plans
and resolution of major issues, including
procedures for public participation in the
planning process.
(d) The procedures for designating
areawide planning areas and agencies
shall be as follows:
<1) Within 60 days after these regula-
tions become effective, the Governor
shall:
, (2), and (3) may
be waived by the Regional Administrator
where he determines that the initial des-
ignation process required pursuant to
section 208(a) of the Act resulted in the
designation of all areas and agencies in
the State that meet the criteria set forth
in 5 130.13 (b) and (c).
(5) The identification and designation
of interstate areas shall be in accord-
ance with the provisions of 5 130.13 (a>
through (d) provided, however, that ap-
propriate interstate agencies shall be
consulted, and the designation shall be
the Joint action of the Governors of all
the affected States.
(e) Within 150 days after these regu- '
lations become effective, for each area-
wide planning area and agency to be
designated during FY 1976, the Gover-
nor shall provide the following informa-
tion to the Regional Administrator:
(1) An exact description of the bound-
aries of each area including a statement
relating the boundaries of any area to the
boundaries of the 'SMSA(s) contained
within or contiguous to the area or, for/
-those areas not within a SMSA, a stateA
ment relating the boundaries of the area
to the nearest SMSA, arid a statement
indicating:'
(1) Population of the area;
(ii) Nature of the concentration and
distribution of industrial activity in the
area;
(111) Degree to which it is anticipated
that the area could improve its ability
to control water quality problems were
It designated as an areawide planning
area; and
(ftr) Factors responsible for designa-
tion of the areawide planning area as
described in 5 130.13(a).
(2) Identification and supporting
analysis of each water quality segment
Included in each area, as identified pur-
suant to 1130.10(c) (3).
(3) For each area a copy of the char-
ter of existing regional waste treatment
management agencies or formally
adopted resolutions, tf available, which
demonstrate that the general purpose
units oi local government Involved will
join together In the planning process to
develop and Implement a plan which will
result in a coordinated waste treatment
managwoent system for the area. The
resolution* shall also state that all ap-
plications for grants for construction
of a publicly owned treatment works will
be consistent with the approved plan and
win be made only by the designated man-
agement agency.
(4) For each area, the name, addreca,
and official contact for the agency desig-
nated to carry out the
4* MOu U6 HUPftT, NOVSHMkV iV 1W»
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55&W
RULES AND REGULATIONS
(5) A statement on the factors pon-
sldered In agency designation as de-
scribed In 5 130.13 (c).
(6) A summary of public participation
In accordance with the requirements set
forth In Part 105 of this Chapter.
(f) For areawlde planning areas and
agencies to be designated after PY 1976,
the Information received by 5 130.13(e)
shall be submitted at a later date to be
established by the Administrator.
(g) The Regional Administrator and
the Administrator shall review each sub-
mission pursuant to 5 130.13 (e) and (f)
to determine compliance with the Act
and the criteria set forth In 5 130.13 (a)
through (d).
(h) Upon completion of his review, the
Administrator shall publish notice In the
FEDERAL REGISTER and shall notify In
writing the appropriate Governor(s) of
his approval. The effective date of desig-
nation Is the date of the Administrator's
approval of each designation. In the
event that the Administrator disap-
proves any of the designations, he shall
specify his reasons with his notice of
disapproval.
(1) The appropriate Govemor(s) may
from time to time designate additional
areawide planning areas and agencies.
In such cases, approval of the designa-
tion shall be at the discretion of the Ad-
ministrator, taking Into account Its con-
sistency with the State continuing plan-
ning process. The Administrator will also
^ke Into account the ability of any such
designated areawlde planning agency to
develop and submit the areawide plan no
later than November 1, 1978.
5 130.14 Delegation of planning respon-
sibilities.
(a) The State planning agency desig-
nated pursuant to 5 130.12(a) may dele-
gate responsibility, with the approval of
the Regional Administrator, to other
State, Federal, local, or Interstate agen-
cies for the conduct, where appropriate,
of any portion of the State's required
water quality management planning un-
der this part and Part 131 of this
Chapter.
(Ncm: The States are encouraged particu-
larly to delegate water quality management
planning responsibilities to Federal agencies
where those agencies express A willingness to
accept delegation of State planning respon-
sibilities and possess adequate capability and
resources to undertake such planning.)
(b) Locally elected officials of major
general purpose units of government,
and other pertinent local and areawlde
organizations within the jurisdiction of
a proposed local or Interstate planning
agency, shall be consulted prior to any
delegation of planning responsibility to
an agency made pursuant to 9 130.14
(a).
(c) Each delegation of planning re-
sponsibility to an agency made pursuant
to 9130.14(a> of this section shall In-
clude:
(1) The agency's nam«, address, and
name of the director; and
(2) Ttra agency's jurisdiction (geo-
graphical covara«e and extent of plan-
ning n«pona&)UltlM>.
(d) In the event that responsibility
for preparation of a portion of a State
water quality management plan is dele-
gated pursuant to 8 130.14(a) to an agen-
cy other than t'~e State water pollution
control agency, evidence from such other
agency shall be supplied which shows ac-
ceptance of such delegation of planning
responsibility and the agency's capa-
bility and intent to comply with the time
schedules set forth In the planning proc-
ess and to develop a plan, or portion
thereof, consistent with the laws of the
respective State, the requirements of this
part. Part 131 of this Chapter, and the
Act.
(e) The State planning agency may
make additional delegations, as set forth
In this section, from time to time. Such
delegations shall be accomplished by re-
vising the planning process as provided
In § 130.43.
§ 130.15 Designation of management
agencies.
(a) Upon completion and submission
of a water quality management plan, the
Governor shall designate Federal, State,
interstate, regional, or local agency(ies)
appropriate to carry out each of the pro-
vision^) of the water quality manage-
ment plan (s).
(b) In the event the State or desig-
nated areawide planning agency deter-
mines that cooperation from a Federal
agency(ies) is required to carry out cer-
tain provisions of the plan, the State or
designated areawide planning agency
shall identify such Federal agency and
seek cooperation in accordance with
§ 130.35.
(c) The Governor may designate a
specific agency (ies) to begin implement-
ing an approved portlon(s) of the water
quality management plan(s) prior to
completion of the plan(s).
(d) The Regional Administrator shall
accept and approve all designated man-
agement agency(ies) unless, within 120
days of a designation, he finds that, the
agency(ies) does not have adequate au-
thority, Including the requirement that
statutory and regulatory provisions re-
quired to implement the plan be adopted
by the date of plan approval by the Re-
gional Administrator, and capability, as
required In § 131.11(0X2) of this Chap-
ter, to accomplish its assigned responsi-
bilities under the plan. The Regional Ad-
ministrator shall approve, conditionally
approve or disapprove such management
agency designations In accordance with
the same.procedures to be used in ap-
proving water quality management plans
(see ; 131.21 of this Chapter).
(e) The Regional Administrator may
withdraw his approval made pursuant
to 8 130.15 (d) rn the event that a desig-
nated management agency(ies) falls to
implement the provision(s) of an ap-
proved water quaiity management plan
for which the agency(les) is assigned
responsibility.
§ 130,16 Intergovernmental cooperation
and coordination.
(a) The process shall assure that ade-
quate and appropriate areawlde and
local planning results will be Included
in the development and Implementation
of water quality management plans for
the State.
(b) Local governments within the
State are to be encouraged to utilize
existing, or develop, appropriate institu-
tional or other arrangements with local
governments In the same State in the
development and implementation of
water quality management plans, or por-
tions thereof.
(c) The State shall provide a mecha-
nism for meaningful and significant re-
sults from local, State, interstate, and
Federal units of government. As an ele-
ment of this mechanism, a policy advi-
sory committee (s) shall be established
to advise the responsible planning or im-
plementing agency during the develop-
ment and implementation of the plan on
broad policy matters, including the
fiscal, economic, and social impacts of
the plan. Use of existing policy advisory
committees is encouraged; however as a
minimum, this policy advisory commit-
tee shall include a majority membership
of representatives of chief elected offi-
cials of local units of government.
(NOTE: The Regional Administrator may,
at the request of a State, agree to a lesser
percentage of representation on the policy
advisory committee from chief elected offi-
cials of local units of government provided
there Is no substantial disagreement with
such a request from the affected local Juris-
dictions. Any proposal for lesser representa-
tion should consider the elements of plan-
ning that are being conducted and the tradi-
tional local role or Interest In the activities
covered by the planning.)
(d) The policy advisory committee for
designated areawide planning areas shall
include representatives of the State and
public and may Include representatives
of the U.S. Departments of Agriculture,
Army, and the Interior, and such other
Federal and local agencies as may be
appropriate In the opinion of EPA, the
State (s), and the designated areawide
planning agency.
(e) The State shall provide for inter-
state cooperation (and where necessary,
in conjunction with and under the direc-
tion of appropriate Federal agencies
should provide for international coop-
eration) whenever a plan involves the
interests of more than one State. When
a water quality management plan or
portion of a plan is under development
or is being implemented in the State for*
an area affecting or affected by waters
of one or more other States, the State
shall cooperate and coordinate with each
such other State in the development and
Implementation of the- water quality
management plan pertinent to such area.
EPA will provide assistance, upon re-
quest, to assure the appropriate coop-
eration and coordination between other
States and Federal agencies.
§ 130.17 Water quality standards.
(a) The State shall hold public hear-
ings for the purpose of reviewing water
quality standards and shall adopt re-
visions to water quality standards, as ap-
propriate, at least once every tares years
and submit such revisions to tha appro-
KDHAl (IOISTM, VOl. 4O, NO." 230—HtlDAY, NOVEMW* 2«, 1975
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RULES AND REGULATIONS
55341
prlate Regional Administrator pursuant
to section 303 (e) of the Act.
(b) The water quality standards of the
State shall:
(1) Protect the public health or wel-
fare, enhance the quality of water and
serve the purposes of the Act;
(2) Specify appropriate water uses to
be achieved and protected, taking into
consideration the use and value of water
for public water supplies, propagation of
flsh, shellfish, and wildlife, recreation
purposes, and agricultural. Industrial,
and other purposes, and also taking into
consideration their use and value for
navigation; and
(3) Specify appropriate water quality
criteria necessary to support those water
identify the methods for implementing
such policy pursuant to § 130.10(b)(2).
The antidegradation policy and Imple-
mentation methods shall, at a minimum,
be consistent with the following:
(1) Existing Instream water uses shall
be maintained and protected. No fur-
ther water quality degradation which
would interfere with or become injurious
to existing instream water uses is allow-
able.
(2) Existing high quality waters which
exceed those levels necessary to support
propagation of fish, shellfish and wild-
life and recreation in and on the water
shall be maintained and protected unless
the State chooses, after full satisfaction
of the intergovernmental coordination
uses designated pursuant to § 130.17(b) and public participation provisions of the
(2). X^tate's continuing planning process, to
(c) In reviewing and revising Its water aijow lower water quality as a result
quality standards pursuant to 5 130.17
(a), the State shall adhere the following
principles:
(1) The State shall establish water
quality standards which will result In the
achievement of the national water qual-
ity goal specified In section 101 (a) (2) of
the Act, wherever attainable. In deter-
mining whether such standards are at-
tainable for any particular segment, the
State should take into consideration en-
vironmental, technological, social, eco-
nomic, and institutional factors.
(2) The State shall maintain those
water uses which are currently being at-
tained. Where existing water quality
standards specify designated water uses
less than those which are presently being
achieved, the State shall upgrade its
standards to reflect the uses' actually be-
ing attained.
(3) At a minimum, the State shall
maintain those water uses which are cur-
rently designated in water quality stand-
ards, effective as of the date of these reg-
ulations or as subsequently modified in
accordance with § 130.17(c) (1) and (2).
The State may establish less restrictive
uses than those contained in existing
water quality standards, however, only
where the State can demonstrate that:
(1) The existing designated use Is not
attainable because of natural back-
ground;
(ii) The existing designated use Is not
attainable because of irretrievable man-
Induced conditions; or
(111) Application of effluent limitations
for existing sources more stringent than
those required pursuant to section 301 (b)
(2) (A) and (B) of the Act in order to at-
tain the existing designated use would
result in substantial and widespread ad-
verse economic and social impact.
(4) The State shall take Into consid-
eration the water quality standards of
downstream waters arid shall assure that
Its water quality standards provide for
the attainment of the water quality
standards of downstream waters.
(d) The Regional Administrator shall
approve or disapprove any proposed re-
visions of water quality standards in ac-
cordance with the provisions of section
303 (c) (2) of the Act,
(e) The State shall develop and adopt
a Statewide antidegradation policy and
of necessary and justifiable economic or
solcal delevolpment. In no event, how-
ever, may degradation of water quality
interfere with or become injurious to
existing instream water uses. Addi-
tionally, no degradation shall be allowed
in high quality waters which constitute
an outstanding National resource, such
as waters of National and State parks
and wildlife refuges and waters of excep-
tional recreational or ecological signifi-
cance. Further the State shall assure
that there shall be achieved the highest
statutory and regulatory requirements
for all new and existing point sources and
feasible management or regulatory pro-
grams pursuant to section 208 of the Act
for nonpoint sources, both existing and
proposed.
(3) In those cases where potential
water quality impairment associated
with a thermal discharge is involved, the
antidegradation policy and implement-
ing method shall be consistent with sec-
tion 316 of the Act.
Subpart C—Requirements for State
Strategy
strategy; content!) nnd
§ 130.20 State
submission.
(a) Based on current water quality
conditions, evaluation of program
achievement to date, water quality man-
agement plans developed under this part
and Part 131 of this Chapter (including
basin water quality management plans),
and the annual EPA guidance (described
in Subpart B of Part 35 of this Chapter),
each State shall prepare and update an-
nually a State strategy for preventing
and controlling water pollution over a
five-year period. The strategy shall con-
tain:
(1) A Statewide assessment of water
quality problems and the causes of these
problems.
(NOTE: This assessment may be based on
the water quality analysis used to prepare
the State's report required under Section
305(b) or the Act. Once the water quality
assessment pursuant to 5 131.11(b) of this
Chapter and the nonpoint source assessment
pursuant to ! 131.11 (d) of this Chapter are
developed, the Statewide assessment of water
quality problems and causes of these prob-
lems should be based on the plan assess-
ments. Such assessments should then be re-
flected In the State's annual report und,
section 305 (b) of the Act.)
(2) A ranking of each segment based
on the Statewide assessment of water
quality problems.
(3) An overview of the State's ap-
proach to solving its water quality prob-
lems identified in paragraph (b)(l) of
this section, including a discussion of the
extent to which nonpoint sources of pol-
lution will be addressed by the State
program.
(4) A year-by-year estimate of the fl-
nancial resources needed to conduct the
program in the State, by major program
element (as defined in Subpart B of
Part 35 of this Chapter).
(5) A listlm of the priorities and
scheduling of the State's water quality
management plan preparation and im-
plementation, areawide plans, and other
appropriate program actions to carry out
5 130.20(4).
(6) A brief summary of the State
monitoring strategy (described in Ap-
pendix A to Subpart B of Part 35 of this
Chapter).
(b) The State strategy shall be sub-
mitted annually as part of the annual
State program submission pursuant to
§ 35.555 of this Chapter.
Subpart D—Relationship of Planning
Process and Other Programs
§ 130.30 Rdnt!onslii|> to monitoring
and surveillance program.
(a) The State shall assure that an
appropriate monitoring propram will b«
established in accordance with provisions
of Appendix A to Subpart B of Part 35
of this Chapter.
(b) The process shall provide that each
water quality management plan shall be
based upon the best available monitoring
and surveillance data to determine the
relationship between instream water
quality and sources of pollutants and,
where practicable, to determine the rela-
tionship between disposal of pollutants
on land and groundwa'.er quality.
(c) In areas where a State or desig-
nated areawide planning agency deter-
mines that a groundwater pollution or
contamination problem exists or may ex-
ist from the disposal of pollutants on
land, or in subsurface excavations, the
State or designated areawide planning
agency, to support the establishment of
controls or procedures to abate such pol-
lution or contamination as identified In
§131.11 (j)-(l) of this Chapter, shall
conduct (or the State shall require to be
conducted by the disposing person), a
monitoring survey or continuing pro-
gram of monitoring to determine present
or potential effects of such disposal,
where such disposal is not prohibited.
Groundwater monitoring conducted un-
der this paragraph shall be coordinated
with groundwater monitoring programs
established pursuant to the Safe Drink-
ing Water Act (Pub. L. 93-523).
§ 130.31 Rclntion-.liip to municipal fa-
cilities program.
(a) Before awarding Initial grant as-
sistance for any project for any treat-
ment works under section 201 (g) of the
KDERAL REGISTER, VOL 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
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55342
RULES AND REGULATIONS
Act, where an applicable State water
quality management plan, or relevant
portion thereof, has been approved In
accordance with this part and Part 131
of this Chapter, the Regional Adminis-
trator shall determine, pursuant to sec-
tion 20S(d) of the Act. that the applicant
for such grant Is the appropriate des-
ignated management agency approved
by the Regional Administrator pursu-
ant to § 130.15.
(b) Before approving a Step n or Step
in grant for any project for any treat-
ment works under section 201 (g) of the
Act, the Regional Administrator shall de-
termine, pursuant to 8 35 925-2 of this
Chapter, that such works are in con-
formance with any applicable State wa-
ter quality management plan or relevant
portion thereof, approved by the Re-
gional Administrator in accordance with
this part and Part 131 of this Chapter.
(c) The Regional Administrator may
elect not to approve a grant for any mu-
nicipal treatment works under section
201 (g) of the Act where an incomplete
or a disapproved water quality manage-
ment plan does not provide an adequate
assessment of the needs and priorities for
the area in which the project is located,
consistent with the Act's planning re-
quirements.
(d) The Regional Administrator and
the State, through the agreement de-
scribed in S 130.11. shall assure that plan-
ning under this part and Part 131 of this
Chapter related to any municipal treat-
ment works Is accomplished in a timely
manner, consistent with State priori-
ties for construction of such municipal
treatment works.
§ 130.32 Rdntionship to National Pol-
lutant Discharge Elimination System.
(at State participation in the National
Pollutant Discharge Elimination Sys-
tem pursuant to section 402(b) of the
Act shall not be approved for any State
which does not have a continuing plan-
ning process approved by the Regional
Administrator pursuant to 5 130.41.
(b) Approval of State participation In
the National Pollutant Discharge Elim-
ination System pursuant to section 402
(b) of the Act may be withdrawn in ac-
cordance with the provisions of section
402(c) (3) of the Act and 5 124.93 of this
Chapter from any State if approval of
the continuing planning process Is with-
drawn pursuant to § 130.42.
(c) No permit under section 402 of the
Act shall be Issued for any point source
which is in conflict with a plan approved
by the Regional Administrator in accord-
ance with this part and Part 131 of this
Chapter, provided however, that no such
permit shall be deemed to be in conflict
with any provision of such plan or por-
tion thereof, hereafter approved, which
relates specifically to the discharge for
which the permit Is proposed, unless the
State has provided the owner or operator
of the discharge and the interested pub-
lic with notice and the opportunity to
appeal such provision.
8 130.33 Relationship of State and desig-
nated arawide planning programs.
(a) The State planning agency desig-
nated by the Governor pursuant to
{130.12(a) Is responsible for assuring
that the requirements of section 208 of
the Act, this .part, and Part 131 of this
Chapter are achieved Statewide.
(NOTE: Where a designated areawide plan-
ning agency falls to achieve the require-
ments of section 208 of the Act, this part
or Part 131 of this Chapter, the State plan-
ning agency Is responsible for assuring that
such requirements are achieved In the de-
signated areawlde planning area.)
(b) In order to assure that designated
areawide planning agencies achieve the
requirements specified in 5 130.33(a) In a
timely manner and that such agencies
conduct planning that is consistent with
planning developed by the State, the
State plar.ning agency designated pur-
suant to § 130.12(a) Is expected to pro-
vide leadership and support to desig-
nated areawide planning agencies and to
monitor progress of such agencies.
(c) Designated areawide planning
under section 208 of the Act shall be
incorporated In the water quality man-
agement plan for the State. The State
planning agency shall provide the review
and certification of such designated area-
wide planning pursuant to § 131.20(f) of
this Chapter prior to formal incorpora-
tion into the State's water quality man-
agement plan.
§ 130.34 Relationship to other local,
State, and Federal planning pro-
grams.
(a) The process shall assure that State
water qi'ality management plans are co-
ordinated, and shall describe the re-
lationship with plans for designated
areawide planning areas within the State,
with planning required in adjacent States
under section 208 of the Act, with af-
fected State, local, and Federal programs,
and with other applicable resource and
developmental planning including:
(1) State and local land use and de-
velopment programs.
(2) Activities stemming from appli-
cable Federal resource and developmental
programs including:
(1) The Solid Waste Disposal Act. as
amended (Pub. L. 91-512).
(ii) The Safe Drinking Water Act
(Pub. L. 93-523).
(ill) The Clean Air Act, as amended
.
L. 93-205).
(xl) Wastewater Management Urban
Studies Programs administered by th»
U.S. Army Corps of Engineers {Pub. L.
€85, 1938, Pub. L. 429, 1913).
(xil) Transportation Planning admin-
istered by the Department of Transpor-
tation (Pub. L. 87-866, Pub. L. 93-36$
Pub. L. 93-503).
(xiii) The Housing and Community De-
velopment Act of 1974 (Pub. L. 93-383).
(xlv) Other Federally assisted plan-
ning and management programs.
-------
RULES AND REGULATIONS
553-13
mulation and implementation of water
quality management plans relating to
Federal-properties, facilities or activities
and land areas contiguous with Feder-
ally-owned lands.
The Regional Administrator shall
assist in coordination of substantive
planning requirements for Federal prop-
erties, facilities or activities between the
appropriate State and Federal agency
(ies).
(d> Disputes or conflicts between Fed-
eral agencies and State, interstate, or
local agencies In matters affecting, the
application of or compliance with an
applicable requirement for control and
abatement'of pollution shall be mediated
by EPA. In such cases, if attempted medi-
ation is unsuccessful the matter will be
referred to the Office of Management and
Bud-jet npdrr provisions of Executive
Order 1175'J.
Subpart E—State Planning Prpcess Adop-
tion, Approval and Revisions Procedures;
Separability
§ 130.-10 \ilnplioil im or revisions to the
description of the State continuing plan-
ning process mride pursuant to § 130 43
shall be adopted as the official continuing
planning process of the State after ap-
propriate public participation in accord-
ance with section 101 of the Act and
with Part 105 of this Chapter.
The Governor shall submit the
adopted State continuing planning
process dcsci iption to the Regional Ad-
ministrator for approval. Subsequent re-
visions to the continuing planning
process description, howexer, shall be
.submitted as a part of the State program
submittal pursuant to § 35.555 of this
Chapter.
Submission shall be accomplished
by delivering to the Regional Adminis-
trator the adopted planning process de-
scription, as specified in 5 130.10(c) of
this part, and a letter from the Governor
notifying the Regional Administrator of
such action.
§ 130.-11 Ke\irw anil npprmal or dis-
approval of Slale pro*-*"**.
hO The Regional Administrator shall
approve, conditionally approve, or dis-
approve, the State planning process de-
scription submitted pursuant to § 13040
of this part within 30 days after the date
of receipt, as follows:
(1) If the Regional Administrator de-
termines that the State planning process
conforms with the requirements of the
Act and this part, he shall approve the
process and so notify the Governor by
letter.
(2) If the Regional Administrator de-
termines that the State planning process
fails to conform with the requirements of
the Act and this part, he shall either con-
ditionally approve or disapprove the
process and so notify the Governor by
letter and shall state:
(1) The specific revisions necessary to
obtain approval of the process; and
(ii) The time period for resubmission
of the revised process or portions thereof.
(b) The Regional Administrator shall
not approve any State continuing plan-
ning process description which will
not result in timely State water quality
management plans that conform with
the applicable requirements of the Act
and Part 131 of this Chapter for all areas
within the State.
§ 130.12 \Villnlrav>al of approval of
.Slale process.
Substantial failure of any plan or
plans piepared pursuant to the approved
State planning process to conform with
applicable rcquiiements of this part and
Part 131 of this Chapter, including gross
failure to comply with the schedule for
State water quality management plan
preparation, may indicate that the plan-
ning process by which such plan or
plans were developed v, as deficient and
shall be reused Failure to accomplish
neccssaiy revisions of the State planning
process may result in withdrawal of ap-
proval of part or all of the process.
§ I.'JO. 13 Krview and revisions of Stale
pro«"r»»s.
ia i The State shall review annually its
continuing planning process and shall
revise the process as may be necessary
to assure tiie development and mainte-
nance of a State strategy and State pro-
gram for pieventing and controlling
water pollution, based on current State
and areawide water quality management
plans which will accomplish national
water quality objectives in conformity
with the requirements of the Act.
In addition to any other necessary
revisions identified by the State or the
Regional Administrator, the Governor
shall submit, within 150 days after these
regulations become effective, whatever
revisions to the planning process descrip-
tion are necessary to insure conformity
with this part
(c) Subsequent revisions to the plan-
ning process description shall be sub-
mitted by the State as a part of the
State program submittal pursuant to
§ 35 555 of this Chapter.
g 130.lt Separability.
If any provision of this part, or the
application of any provision of this part
to any person or circumstance, is held
invalid, the application of such provision
to other person or circumstance, and the
remainder of this part, shall not be
affected thereby.
[PR Doc 75-32012 Filed 11-26-75;8'45 ftm|
]FRL 461-5]
PART 131—PREPARATION OF WATER
QUALITY MANAGEMENT PLANS
On July 16. 1975, notice was published
in the FEDERAL REGISTER. 40 FR 29887,
proposing amendments to the policies
and procedures for the preparation of
water quality management basin plans
(40 CFR Part 131) pursuant to Section
303(e> of the Federal Water Pollution
Control Act Amendments of 1972; Pub.
L 92-500, 86 Stat. 816 (1972) ; 33 U.S.C.
1251 et seq. 'hereinafter referred to as
the Act) Part 130 of this Chapter has
also been amended. The amendments are
in accordance with a Court Order issued
by Judge John Lewis Smith, Jr., in Nat-
ural Resources Defense Council, et. al.
v Train, et al , DC. DC. Civ. Act. No.
74-1485, which stipulates that Section
2C3 planning must be conducted by the
States in all areas that are not desig-
nated in accordance with Section 208
(a) (2) throu-rh (4) of the Act.
Sections 303(e) and 208 of the Act
require State and designated areawide
planning agencies to have a continuing
planning process wh'ch is consistent
with the Act State water quality man-
agement plans are to be prepared in ac-
cordance with th? State's continuing
planning process submitted and approved
pursuant to Part 130 of this Chapter.
These amended regulations describe
the requirements for preparation of
water oualitv management plans and the
procedures govrnine plan adoption, sub-
mission. revi=inn. and EPA approval.
These regulations nnw specifically in-
clude the provisions for the State as well
as areawide wat°r ouality management
planning resrjonsibi'ities under Section
208 of the Act and are designed to assure
that the plans prepared pursuant to this
Part 131 will be appropriate for water
quslitv management both in areas having
complex water oualitv problems and in
less complicated situations.
The primarv objective of the water
qua.lity management plans will be to
achieve the 19S3 national water oualitv
goal of the Act, where attainable. In
those areas where the 3983 water o.uality
goal mav not be attninnh'e. the plans
shall identifv the water quality goals to
be achieved and. where pe<*essarv. pro-
vide appropriate information (such as
wasteload allocation information) which
may b° relevant in making water quality
related effluent limitation determinations
pursuant to Section 302 of the Act.
The water quality management plan
will serve as a management document
which identifies the water qualitv prob-
lems of a particular basin or other ap-
proved pi-inning areas and sets forth an
effective management program to allevi-
ate those problems and preserve water
quality for all intended uses. Thus, de-
velopment of the plans wi'l involve an
iterative process of establishing attain-
able water quality goals, identifying nec-
essary controls and regulatory programs,
and determining the resulting environ-
mental, social, and economic impact.
EPA will prepare guidelines concern-
ing the development of water quality
management plans to assist the State
and areawide planning agencies in carry-
ing out the provisions of these regula-
tions.
Written comments on the proposed
rulemaking were invited and received
from nearly 100 interested groups, in-
cluding EPA Regional Offices. State and
local governments, other Federal agen-
cies, industrial organizations and special
interest groups. In addition, verbal com-
FEDERAL REGISTER, VOl. 40, NO. 230—FRIDAY, NOVEMBER 18, 1975
-186-
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55344
RULES AND REGULATIONS
oients were also obtained 'from repre-
sentatives of State and local government
All written comments are on file with the
Agency. Most of these comments have
been adopted or substantially satisfied by
editorial changes, deletions from, or ad-
ditions to these regulations. The majority
of substantive comments centered around
the Issues discussed below.
1. Timing of Plan Preparation.
Many of the comments received indi-
cated that the November 1, 1978 deadline
for plan submission was unrealistic. This
deadline has not been changed due to the
above mentioned Court Order which im-
posed a time schedule requiring "final
submission to EPA of complete Section
208 plans for nondesignated areas no
later than November 1. 1978."
The final regulations require the States
to submit initial plans for the entire
State (Inclu'ding areawide plans devel-
oped by designated areawide planning
agencies) to EPA for final approval no
later than November I. 1978. Although
the final regulations no longer require
the States to submit plans for pre-adop-
tion review, the regulations make it clear
that areawide plans must be submitted
to the States for certification and the
State, In turn, must submit the certified
areawide plans to EPA for approval
within two years from the date the area-
wide planning process is In operation
(and no later than November 1, 1978).
Pre-adoption review of areawide plans
by the State Is required: pre-adoptlon re-
view of plans for the entire State by EPA
Is encouraged although not required In
order to assure a minimal amount of
conflict once the 'plans are formally
adopted.
2. Nonpoint Source Controls.
Many of the comments received indi-
cated that planning for the management
of nonpolnt sources of pollution will be
the most difficult and complex water
quality control problem confronting the
State and areawide planning agencies
due to Insufficient funding, manpower
and technology.
Taking these Insufficiencies Into ac-
count, EPA, In conjunction with a num-
ber of State representatives, has devel-
oped a strategy for management of non-
point sources of pollution as part of the
third edition of the "Water Quality
Strategy Paper". This strategy for non-
polnt source management has been In-
corporated Into the final regulations.
As discussed above, these regulations
are Issued in response to an Order of the
District Court for the District of Colum-
bia, and contain a provision for plan sub-
mission no later than November 1. 1978,
as required by the Order of the Court.
Given the limited amount of time for the
plans to be completed, and the conse-
• quent' need for both State and areawide
agencies to move forward quickly to ad-
just their planning processes to these
regulations, good cause Is hereby found
for mfrVrng these regulations effective
' 3ta coT&doerftUon trf tfee ICTJ egoing, 40
131 is bereft? amended by de-
leting the existing part and substitut-
ing a new Part 131 to read as follows.
Dated: November 21,1975.
RUSSELL E. TRAIN,
Administrator.
Subpart A—Scope and Purpose; Definition*
Sec.
131.1 Scope and purpose.
131.2 Definitions.
Subpart B—Plan Content Requirements
131.10 General requirements.
131.11 Plan content.
Subpart C—Plan Adoption, Approval, and
Revision Procedures; Separability
131.20 Adoption, certification, and sub-
mission of plans.
131.21 Review and approval or disapproval
of plans.
131.22 Review and revision of plans.
131.23 Separability.
ACTHOMTT: Sees. 108. 208. 303 (d). 303 (e),
305(b), 314, 501, 516(b) of the Federal Water
Pollution Control Act, as amended; Pub. L.
92-500. 86 Stat. 816 (1972); (33 U.S.C. 1251
et seq.).
Subpart A—Scope and Purpose;
Definitions
§ 131.1 Scope and purpose.
(a) This part establishes regulations
specifying procedural and other require-
ments for the preparation of water qual-
ity management plans and the estab-
lishment of regulatory programs de-
signed to achieve the goal specified in
Section 101(a) (2) of the Act. The water
quails management plans and imple-
menting programs are to be prepared
and established by State planning agen-
cies pursuant to Sections 208 and 303 (e)
of the Act and by designated areawide
planning agencies pursuant to Section
208 of the Act
(b) These regulations describe the re-
quirements for State and designated
areawide planning agency planning and
Implementation under Section 208 of the
Act; water quality management plans
developed by State and designated area-
wide planning agencies pursuant to this
part and the implementation of these
plans must comply fully with the require-
ments of Section 208 of the Act.
(c) A water quality management plan
Is a management document which Iden-
tifies the water quality problems of a
particular approved State planning area
or designated areawide planning area
and sets forth an effective management
program to alleviate those problems and
to achieve and preserve water quality
for all Intended uses. The value of the
water quality management pl&nfles In its
utility in providing a basis for making
sound water quality management de-
cisions and In establishing and Imple-
menting effective control programs. To
achieve this objective, the detail of the
water quality management plants)
should provide the necessary anolysis
and Information for management de-
cisions. Moreover, there must be a flexi-
ble revision mechanism to reflect chang-
ing conditions In the area of considera-
tion. A water quality management, nlan
should be a dynamic management tool,
rather than a rigid, static compilation
of data and material. In addition, the
plan should be as concise as possible,
thereby minimizing unnecessary paper-
work.
(d) A water quality management plan
will provide for orderly water quality
management by:
(1) Identifying Problems: assessing
existing water quality, applicable water
quality standards, point and nonpolnt
sources of pollution, and identifying con-
straints on the plan.
(2) Assessing Needs/Establishing Pri-
orities: assessing water quality and
abatement needs, Including coordination
with ongoing construction grant award
and NPDES programs, and establishing
priorities, Including consideration of
existing construction grant and NPDES
requirements.
(3) Scheduling Actions: setting forth
compliance schedules considering all
existing schedules issued pursuant to
construction grant awards and NPDES
permits, and target abatement dates in-
dicating necessary Federal, State, and
local actions.
(4) Defining Regulatory Programs: de-
scribing existing State/local regulatory
programs and denning necessary addi-
tional regulatory programs designed to
achieve water quality standards and
goals.
(5) Defining; Management Agency Re-
sponsibilities: identifying management
agency(ies). Including implementing,
reeulatory and operational agenda, and
setting forth specific responsibilities to
carry out required actions within the
approved planning area and to assure
that water quality objectives are marie
a part of the land manasement Drnress.
(6) Coordinating Planning and M"n-
aGiement: coordinating develnnmpntnl
planning and management related to
water quality In order to attain the
objectives of the Act.
§ 131.2 Definitions.
The definitions set forth In S 1302 of
this Chapter shall apply to this Part 131.
Subpart B~Plan Content Requirements
§131.10 General requirements.
•(a) This subpart describe the re-
quired content of water quality ;mnage-
ment plans to be prepared for e
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RULES AND REGULATIONS
55345
of the State. Generally, water quality
management planning elements will be
the same throughout each State and
designated areawlde planning area. How-
ever, the level of detail required will vary
according to the water quality problems
(ranging from intensive planning in
areas designated pursuant to Section
208(a) (2), (3), or (4) of the Act and in
ether areas with similar water quality
problems, to essentially no planning in
those areas where the State certifies that
certain types of planning and implemen-
tation will not be undertaken pursuant
to § 130.1Kb) of this Chapter) and shall
be established in the agreement between
the State and the Regional Administra-
tor (see § 130.11 of this Chapter) or In
the work plan developed by the desig-
nated areawide agencies (see § 35.22U of
this Chapter).
(c) The water quality management
plans shall contain the information and
analyses necessary for making sound
water quality management decisions and
for establishing and implementing effec-
tive control programs. Supportive data
and calculations need not be included in
the plans, but shall be made available to
the Regional Administrator and the pub-
lic upon request.
(d) Initial water quality management
plans, or portions thereof, and sub-
sequent refinements shall be prepared
pursuant to the approved continuing
planning process and submitted to the
Regional Administrator in accordance
with the State/EPA agreement described
In { 130.11 of this Chapter or the work
plan for designated areawide planning
areas described in § 35.220 of this Chap-
ter.
(e) Each water quality management
plan shall incorporate appropriate in-
formation concerning other local, State i
and Federal planning as required under I
5 130.34 of this Chapter. I
(f) Each water quality management
plan shall Include, where appropriate, a
delineation of the relative priority of ac-
tions to be taken toward prevention and
control of water pollution problems.
Such priorities shall reflect the coordi-
nation of water quality management
plans with other related planning pro-
grams including those identified in
3 130.33 and 5 130.34 of thU Chapter.
(g) Water quality management plan-
ning elements shall Include, but are not
limited to:
(1) Planning boundaries (5 131.11
(a)).
(2) Water quality assessment and seg-
ment classification (5 131.11(b)>.
(") Inventories and projections
(J 131.11(0)).
(4) Nonpolnt source assessment
(5 131.11(d)>.
(5) Water quality standard* (5 131.11
(e)).
(6) Total maximum dally loads
(Sm.ll(f)) *.
(7) Point source load allocation*
'No* n*ownu7 ia «•«•»» itaMctton wj-
nwnte.
(8) Municipal waste treatment sys-
tems needs (§ 131.11(h)).
(9) Industrial waste treatment sys-
tems needs (5 131.11(1)).
(10) Nonpoint source control needs
<5 131.11(j».
(11) Residual waste control needs;
land disposal needs (§ 131.11 (k)).
(12) Urban and Industrial storm-
water needs (§ 131.11(1)).
(13) Target abatement dates (5 131.11
(m)).
(14) Regulatory programs (5 131.11
(n)).
(15) Management agencies (§ 131.11
(o)).
(16) Environmental, social, economic
Impact (§ 131.ll(p)).
Except as otherwise provided in Part
131.11.
§ 131.11 Plan conlent.
Recognizing that the level of detail
may vary according to the water quality
problems, the following elements shall be
included In each water quality manage-
ment plan unless a certification pursuant
to § 130.1Kb) of this Chapter provides
otherwise:
(a) Planning boundaries. A delinea-
tion, on a map of appropriate scale, of
the following: (1) The approved State
planning areas included in the State
planning process submitted and ap-
proved pursuant to § 130.41 of this Chap-
ter and areawide planning areas desig-
nated pursuant to 9 130.13 of this
Chapter.
(2) Those areas in which facilities
planning has been deemed necessary by
the State pursuant to § 35.917-2 of this
Chapter.
(3) The location of each water quality
and effluent limitation segment identified
In 5 131.1Kb) (2).
(4) The location of each significant
discharger identified in § ISl.lKc).
(5) The location of fixed monitoring
stations.
(NOTE: Such monitoring station locations
may be omitted if such locations axe avail-
able In the EPA water quality Information
system).
(b) Water quality assessment and seg-
ment classifications. (1) An assessment
of existing and potential water quality
problems within the approved planning
area or designated areawide planning
area, including an identification of the
types and degree of problems and the
sources of pollutants (both point and
nonpoint sources) contributing to the
problems. The results of this assessment
should be reflected in the State's report
required under Section 305 (b) of the
Act.
(2) The classification of each segment
as either water quality or effluent limita-
tion as defined in § 130.2(o) of this
Chapter.
(1) Segments shall include the sur-
rounding land areas that contribute or
may contribute to alterations In the
pliysical. chemical, or biological charac-
teristics of the surface waters.
(11) Water quality problems generally
shall be described In terms of existing or
potential violations of water quality
standards.
(ill) Each water quality segment
classification shall include the specific
water quality parameters requiring con-
sideration in the total maximum daily
load allocation process.
(iv) In the segment classification
process, upstream sources that con-
tribute or may contribute to such alter-
ations should be considered when Iden-
tifying boundaries of each segment.
(v) The classification of segments
shall be based on measurements of In-
stream water quality, where available.
(c) Inventories'and projections. (1)
An inventory of municipal and Industrial
sources of pollutants and a ranking of
municipal sources which shall be used
by the State in the development of the
annual State strategy described In
§ 130.20 of this Chapter and the "project
priority list" described in § 35.915(c) of
this Chapter. The inventory shall in-
clude a description, by parameter, of the
major waste discharge characteristics of
each significant discharger of pollutants
based on data from the National Pol-
lutant Discharge Elimination System and
the associated compliance monitoring
systems, whenever available.
(2) A summary of existing land use
patterns.
(3) Demographic and economic growth
projections for at least a 20-year plan-
ning period disaggregated to the level
of detail necessary to identify potential
water quality problems.
(4) Projected municipal and industrial
wasteloads based on §131.11(c) (1) and
(3). !
(5) Projected land use patterns based
on 5 131.11(0) (2) and (3).
(d) Nonpoint source assessment. An
assessment of water quality problems
caused by nonpoint sources of pollutants.
(1) The assessment shall include a de-
scription of the type of problem, an Iden-
tification of the waters affected (by seg-
ment or other appronriate planning
area). an evaluation of the seriousness of
the effects on those waters, and an Iden-
tification of nonooint sources (by cate-
gory as defined in 5 131.11 (J)) con-
tributing to the problem.
(2) Any nonpoint sources of pollutants
originating outside a segment which ma-
terially affect water quality within the
segment shall be considered.
(3) The results of this assessment
should be reflected in the States' report
required under Section 305(b) of the
Act.
(e) Water quality standards. The ap-
plicable water quality standards, Includ-
ing the Statewide antidegradation policy,
established pursuant to Section 303(a),
(b), and (c) of the Act and any plans
for the revision of such water quality
standards. \
(f) Total maximum daily loads. (1)
For each water quality segment, or ap-
propriate portion thereof, the total al-
lowable maximum daily load of relevant
pollutants during critical flow condi-
tions for each specific water quality
criterion being violated or expected to be
violated.
IKWJ5HI, VOi. 40. NO. 1M—R1DAY, NOVEMBER 21, 1975
-188-
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RULES AND REGULATIONS
1) Such total maximum dally loads
snail be established at levels necessary
to achieve compliance with applicable
water quality standards.
(it) Such loads shall take into ac-
count:
(A) Provision for seasonal variation;
and
'B) Provision ol a margin of safety
which takes into account any lack of
knowledge concerning the relationship
between effluent limitations and water
quality.
(2) For each water quality segment
where thermal water quality criteria are
being violated or' expected to be violated,
the total dally thermal load during
critical flow conditions allowable in each
-segment.
(i) Such loads shall be established at
a level necessary to assure the protection
and propagation of a balanced, indige-
nous population of fish, shellfish, and
wildlife.
Such loans shall take into account:
(A) Normal water temperature;
(B) Plow rates:
(C) Seasonal variations;
(D) Existing sources of heat input;
and
(E> The dissipative capacity of the
waters within the identified segment.
(iii) Each estimate shall include an
estimate of the maximum heat input that
can be made Into the waters of each
^egment where temperature is one of the
'teria being violated or expected to be
olated and shall include a margin of
safety which takes into account lack of
knowledge concerning the development
of thermal water quality criteria for pro-
tection and propagation of fish, shellfish
and wildlife in the waters of the identi-
fied segments.
(3) For each water quality segment, a
total allocation for point sources of pol-
lutants and a gross allotment for non-
j point sources of pollutants.
(i) A specific allowance for growth
shall be Included in the allocation for
point sources and the gross allotment for
nonpoint sources.
(ii> The total of the allocation for
point sources and the gross allotment for
nonpoint sources shall not exceed the
total maximum daily load.
(4) Where predictive mathematical
models are used in the determination of
total maximum daily loads, an identifi-
cation and brief description of the model,
and the specific use of the model.
(NOTE: Total maximum dally loads shall
not be determined by designated areawlda
planning agencies except where the State
has delegated such responsibility to the
designated agency. In those cases wh're the
responsibility has not been delegated, the
State shall determine total maximum dally
loads for the designated areawlde planning
area).
(5) No point source load allocation de-
'eloped pursuant to this section shall be
ss stringent than effluent limitations
.andards, or prohibitions required to be
established pursuant to Sections 301, 302,
304, 306, 307, 311, and 316 of the Act.
(g) Point source load allocations. (1)
For each water quality segment, the in-
dividual load allocation for point sources
of pollutants, including thermal load al-
locations, for the next five-year period of
the plan.
(Norr: In those segments where water
quality standards are established at levels
less stringent than necessary to achieve the
1983 water quality goals specified In Section
101 (a) (2) of the Act. the Regional Adminis-
trator may request the State to provide ap-
propriate Information, such as wasteload
allocation Information which may be rele-
vant In making water quality related effluent
limitation determinations pursuant to Sec-
tion 302 of the Act).
(2) The total of such pollutant load
allocations or effluent limitations for all
individual point sources In the water
quality segment shall not exceed the total
allocation for the five-year period for all
point sources of pollutants for each seg-
ment determined pursuant to § 131.11
(f)(3).
(3) Each pollutant load allocation
established pursuant to this paragraph
shall incorporate an allowance for antic-
ipated economic and population growth
over at least a five-year period and an
additional allowance reflecting the pre-
cision and validity of the method used
in determining such allowance.
(4) Establishment of pollutant load
allocations shall be coordinated with the
development of terms and conditions of
permits under the National Pollutant
Discharge Elimination System and with
any hearings pursuant to Section 302
and 316
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RULES AND REGULATIONS
55347
ot tho Act that the State wlU der«lop non-
point source control requirement* on m
Statewide basis.)
(k) Residual waste control needs;
land disposal needs. (1) An identification
of the necessary controls to be estab-
lished over the disposition of residual
wastes which could affect water quality
and a description of the proposed actions
necessary to achieve such controls.
(2) An identification of the necessary
controls to be established over the dis-
posal of pollutants on land or in sub-
surface excavations to protect ground
and surface water quality and a descrip-
tion of the proposed actions necessary to
achieve such controls.
(NOTE: Residual waste control needs need
not be determined by designated areawlde
planning agencies where the Governor has
determined pursuant to Section 208(b) (4) of
the Act that the State will develop residual
waste control requirements pursuant to Sec-
tion 208(b) (2) (J) and (K) on a Statewide
oasis.)
(1) Urban and industrial stormwater
systems needs. (1) An Identification of
the required improvements to existing
urban and industrial stormwater sys-
tems, including combined sewer over-
flows, that are necessary to attain and
maintain applicable water quality stand-
ards.
(2) An identification of the needed
urban and industrial stormwater systems
for areas not presently served over at
least a 20-year planning period (in 5-
year Increments) that are necessary to
attain and maintain applicable water
quality standards, emphasizing appro-
priate land management and other non-
structual techniques for control of urban
and industrial stormwater runoff.
(3) A cost estimate for the needs iden-
tified in (1) and (2) above, the reduction
in capital construction costs brought
about by nonstructural control measures,
and any capital and annual operating
costs of such facilities and practices.
(m) Target abatement dates. Target
abatement dates or schedules of com-
pliance for all significant dischargers,
nonpoint source control measures, resid-
ual and land disposal controls, and
stormwater system needs, including
major interim and final completion dates,
and requirements that are necessary to
assure an adequate tracking of progress
toward compliance.
(n) Regulatory programs. (1) A de-
scription of existing State/local regula-
tory programs which are being or will be
utilized to implement the State water
quality management plan. The descrip-
tion shall include the regulatory ap-
proach to be employed, the statutory
basis for the program, and relevant ad-
ministrative an* financial program
aspects.
(2) A description of necessary addi-
tional State/local regulatory programs to
be established in order to implement the
State water quality management plan.
The description shall include the pro-
posed regulatory approach, the necessary
legislation, and anticipated administra-
tive and financial capabilities.
(3) The regulatory programs described
Jn f 131.11
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35348
RULES AND REGULATIONS
(d> The State is encouraged (although
not required > to submit the water quality
management plan's) for State and des-
ignated areawide planning areas to the
Regional Administrator for review prior
to formally adopting the plan's). The
Regional Administrator .shall provide for
timely review and comment in order to
minimize potential objections once the
plan is formally adopted by the State
pursuant to § 131.20 Concurrence
with a water quality management plan
at the time of any prc-adoption review
will not substitute for approval by the
Regional Administrator pursuant to
§ 131 '21 after the plan has been the sub-
ject of further public participation and
lorm.illv adopted by the State.
ie> After comments and recommenda-
tions are received from Uie Governor, or
Ins dcsignce, and from chief elected offl-
inil.s of local units of government pur-
suant to $l31.20 Has found the plan to be in con-
fonnance with the provisions of the ap-
proved planning process for the State, in-
cluding State water quality management
plans prepared pursuant to the process,
and that the plan will be accepted as a
detailed portion of the water quality
management plans of the State;
Has found the plan to be con-
sistent with the water quality manage-
ment needs of the area:
uin Has found the plan to be in con-
formance with all State and local legisla-
tion, regulations, or other requirements
or plans regarding land use and protec-
tion of the environment, except for those
cases where the plan specifically recom-
mends changing such legislation, regula-
tions, or other appropriate requirements;
iiv) Has found that the plin provides
adequate basis for selection of manage-
ment agencies to be designated pursuant
to 5 130 15 Has adopted the plan as the State's
official water quality management plan
for the designated areawide planning
area pursuant to § 131.20(rO.
(2) The procedures set forth in 5 131.20
(1) shall be followed by intrastate and
interstate designated areawide planning
agencies, except where the plan has been
developed by an Interstate agency, the
plan shall be submitted to the Governor,
or his designee, of the State which In-
cludes the largest portion of the desig-
nated area's population. The Governor,
or his designee, shall coordinate the plan
review and certification process with all
other affected States.
(g) If the Governor determines that
the water quality management plan for
the designated areawide planning area
falls to conform with the requirements
of the Act, this part, or the approved
work plan of the designated aieawide
planning agency Is not consistent with
contiguous water quality management
plans including those of neighboring
States, he shall either conditionally cer-
tify or not certify the plan and so notify
the Regional Adminstrator and the des-
ignated areawide planning agency by
letter and shall state:
(1) The specific revisions necessary to
obtain full certification of the water
quality management plan; and
(2) The time period for submission of
necessary revisions to the water quality
management plan or portions thereof.
(h) Each State and areawide water
quality management plan, or portion
thereof, shall be adopted as the official
water quality management plan(s) of
the State. Each adopted water quality
management plan shall include assur-
ances and a certification by the Governor
that the plan is the official water quality
management plan for the area covered
by such plan, that the plan will be im-
plemented and used for establishing per-
mit conditions, nonpoint source controls,
schedules of compliance and priorities
for awarding grants for construction of
municipal treatment works pursuant to
Section 201(g) of the Act, and that the
plan meets all applicable requirements
of the Act, this part, and Part 130 of this
Chapter.
(i) The Governor shall submit adopted
water quality management plans to the
Regional Administrator, together with
a summary of public participation in the
development and adoption of the plan
(required by Section 101 (e) of the Act
and Part 105 of this Chapter) and a letter
from the Governor notifying the Regional
Administrator of such action. Such plans
shall be submitted in accordance with
the following schedule:
(1) Water quality management plans
for the entire State shall be sub-
mitted to the Regional Administrator no
later than November 1, 1978.
(2) Water quality management plans
for designated areawide planning areas
shall be submitted no later than two
years from the date that the planning
process Is in operation (pursuant to
8 35.222-1 of this Chapter) and no later
than November 1, 1978.
(j) Portions of the plan (interim out-
puts), developed In accordance with the
requirements of Parts 130 and 131 may
be adopted, certified, and submitted dur-
ing the development of the plan and
approved in the same manner as a plan
under § 131.21.
FEDERAl REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 28, 1973
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RULES AND REGULATIONS
55349
ft) At the time of submission, the
Governor shall Identify those modifica-
tions, if any, that need to be made, as a
result of the plan, to the agreement be-
tween EPA and a State under Part 124
of this Chapter.
§ 131.21 Review and approval or dis-
approval of plan*.
The Regional Administrator shall ap-
prove, conditionally approve or dis-
approve the water quality management
plan, or portion thereof, submitted pur-
suant to § 131.20(1) or (j) within 120
days after the date of receipt, as follows:
(a) If the Regional Administrator de-
termines that the water quality manage-
ment plan conforms with the require-
ments of the Act, this part, and the ap-
proved continuing planning process (in-
cluding compliance with any State/EPA
agreement or designated areawide plan-
ning agency work plans) and Is consist-
ent with contiguous water quality man-
agement plans, including those of neigh-
boring States, he shall approve the plan
and so notify the Governor or his desig-
nee by letter.
(b) If the Regional Administrator de-
termines that the water quality manage-
ment plan fails to conform with the re-
quirements of the Act, this part, or the
approved continuing planning process
(including compliance with any State/
EPA agreements" or designated areawide
planning agency work plans) or is not
consistent with contiguous water quality
management plans including those of
neighboring States, he shall either con-
ditionally approve or disapprove the plan
and so notify the Governor or his desig-
nee by letter and shall state:
<1) The specific revisions necessary to
obtain full approval of the water quality
management plan; and
(2) The time period for submission of
necessary revisions to the water quality
management plan or portions thereof.
(c) Where water quality management
plans involving interstate waters are
found to be Inconsistent, the Regional
Administrator shall notify the Governor
of each concerned State of the specific
areas of inconsistency and the specific
revision(s) necessary to eliminate such
inconsistency.
§ 131.22 Review and revision of plans.
(a) As a minimum, the State or desig-
nated areawide planning agency shall re-
view, and if necessary revise, each water
quality management plan at least an-
nually. The Regional Administrator may
request specific plan revisions. The water
quality management plan shall be revised
such that it remains a meaningful and
current water quality management doc-
ument.
(b) Minor revisions, particularly those
which Incorporate updated information
but do not Involve substantive change,
may be submitted directly to the Re-
gional Administrator by the State plan-
ning agency designated under 9 130.10
-------
Title 4O1 Protection of the En
CHAPTER I—FNVIRONMENTAL
PROTECTION AGENCY
StMCHAPTER B—CHANTS AND OTHER
FEDERAL ASSISTANCE
IPHL 481-81
PART 35—STATE AND LOCAL
ASSISTANCE
Grants to State and Designated Areawide
Planning Agencies—Conditions, Policies
and Procedures
On September 8, 1975, notice was pub-
lished in the FEDERAL REGISTER, 40 FR
41644, that the Environmental Protection
Agency was proposing to amend the in-
terim 298 grant regulations (40 CFR Part
35, Subpart F) and to publish final reg-
ulations setting forth procedures for pro-
viding grants to State as well as area-
wide planning agencies approved pursu-
ant to 40 CFR 130.12 and 130.13 respec-
tively, for the development of a planning
process and a section 208 plan for water
quality management. - ~~
Section 208 of the Federal Water Pol-
lution Control Act Amendments of 1972
Is designed to encourage and facilitate
the development and implementation of
1** IMT IT*%S&NS* tb* Governor
ot e*cfc State t* dMfeMte *i*Me ax**-
r»>rg areiKlM to f*ft*tm 1»-
a»e*wkt» plimcrfag for then* g«o-
*r**s et tfc* St»i* whJc* MM*
tb* criteria Mt ttertk to PMt. 13H.W *
thJs Chapter. Tb« State is required to
•ncttrtak* tbe> pluming for rematntat
gtoffrapitle anas, la •ceordan** with a
Court Order bmtetf by Jodg* John X*wfc
Smith, Jr. in Natural Resource* DtfenM
CoMeJB. *t aL T. Train. at *k. IXC. p.C.
C1T. Act No. 74-1486, graato ar* aufljir-
for State as ««O aa arwtwMe Pl»Br>
agencies.
8teee section 3*4 pjaaata* moit b«
doe* on a natUserwide hasla for all sur-
face areas of th« United States by eKhat
ar«*wide or State planainx a«enei(9 pur-
soant to 40 CFR Part m. it i* Important
to have' compatible pl*nnint retMto**
•MBta for section 208 piano!ITS eon-
doet*d by both areswide and Statii
piaarUrtf agen«i«s. Hence, the subttaa-
tire planning requirements hare be«a
deleted from the 208 grant regti&Uonc
(40 CFR Part 35, Subpart A) and placed
In the following regulations to be pub-
lished in the FBDBRAL RIGISTK* concur-
rently with the 208 grant regulations:
Policies and Procedures for the Continu-
ing Planning Process (40 CFR Part 130>
and Preparation of Water Quality Man-
agement Plans (40 CFR Part 131). Ai a
result, the 208 grant regulation* art
solely procedural, referencing th* ap-
propriate portions of 40 CFR Parts 134
and 131 for the substantive planning
requirements.
Written comments on th« proposed
rulemaking were Invited and received
from numerous interested parties. In ad-
dition, verbal comments were also ob-
tained from representatives of State and,
local government. EPA has carefully
considered all submitted comments. All
written comments are on ftU- with- the
Agency. Many of these comments have
been, adapted or substantially satisfied
by editorial change, deletions from, or
additions to. the regulations. The major-
ity of the substantive comments cen-
tered around the three issues discussed
below.
1. Allocation of Funds. Numerous
methods for allocating funds to Stat*
and designated areawide planning agen-
cies were considered Including: (a) A
nationally derived formula based on
point and nonpoint source pollution
problems; (b) a formula based on the
population of each State within a Re-
gion; (c) a formula based on the popu-
lation of each State within a Region
minus the population of previously
funded designated planning areas; and
fd) a formula based on a combination
of the population and land area of each
State within a Region minus the popu-
lation and land area of previously funded
designated areas.
Many of the commentors indicated
that they did not think that an accurate
nationally derived formula baaed on
point and nonpoint source pollution
problems coold be derived and that they
KMftAl IWtSTM, VOL. 40, NO. 230—FRIDAY, NOVEMBH 28. 1975
-193-
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55322
RULES AND REGULATIONS
would prefer a formula based on popu-
lation. The regulations, therefore, con-
tain a formula based on a combination
of population and land area. This com-
bination was selected because State and
areawide water quality management
planning must consider both point and
nonpoint source problems and many
nonpoint source problems are associated
with large land masses and not neces-
sarily with large concentrations of
population.
2. Requirement for a Financially Self-
Sustaining Planning Process. Many of
the comments that were received
opposed this requirement, stating that it
was impractical to expect the planning
agencies to obtain funds from' other
sources to pay for the required continu-
ing planning, including the annual plan
update. The self-sustaining provision,
however, has been retained since Federal
funding is presently envisioned for only
development of the initial plan. The sub-
stantial Federal investment is Intended
to spur continuing planning over the
long-term.
3. Establishment of a State Manage-
ment Role in Areawide Planning Areas,
The above mentioned Court Orderstlp-
ulates that the State Is responsible for
assuring that the provisions of section
208 of the Federal Water Pollution Con-
trol Act Amendments of 1972 are Im-
plemented in areawide as well as State
planning areas. Many of the comments
that were received stated that in order
for the States to carry out their respon-
sibilities, it was imperative to provide
for a strong State management role in
areawide planning areas. These regula-
tions have therefore been revised to
clarify previous policy regarding the
State management role. The areawide
planning agencies are required to obtain
State review and comment on their
grant applications, work plans and any
substantial revisions thereto arid interim
progress reports. The areawide planning
agencies are also required to provide
the State with a copy of their plan for
pre-adoption review to minimize any
conflicts that might arise at the time of
formal plan submittaL
As discussed above, these regulations
are Issued in response to an Order of the
District Court for the District of Colum-
bia, and contain a provision for plan sub-
jnlssion no later that November 1. 1978.
as required by the Order of the Court.
Given the limited amount of time for the
plans to be completed, and the con-
Bequent need for both State and area-
wide agencies to move forward quickly
to adjust their planning processes to
them regulations, good cause Is hereby
found for making these regulations ef-
fective November 28. 1975.
In consideration of the foregoing, 40
CFR Part 33 la hereby amended by delet-
ing J3ubpart P and substituting the fol-
lowing for Subpart A, JS 35.200 through
38.3*0.
Dated: Ho7tmb«r 21,1075.
RUWK.L 5. TRAIN,
AamixUtrvtor.
Subpart A—Planning Grant*
GRANTS TO STATE AND DESIGNATED AREA-
WIDE PLANNING AGENCIES—CONDITIONS,
POLICIES AND PROCEDURES
See.
36.200
35.202
35.204
35:206
35.208
35.208-1
36.208-2
35.210
Purpose.
Definitions.
Allocation ol funds.
Eligibility for grant award.
Application for grant.
Preappllcatlon requirements.
Application requirements.
Review, certification and approval
or grant application.
35.210-1 State review and certification of
applications from areawide plan-
ning agencies designated pursu-
ant to 40 CFR 130.13.
35.210-2 EPA review and approval.
35.212 Grant award and adjustment.
35.212-1 Rate of federal assistance.
35.212-2 Matching.
35.212-3 Period of grant.
35.214 Grant conditions and limitations.
35.216 Allowable and unallowable costs.
35.218 Payments.
35.218-1 Pavmsnt method.
35 218-2 Advance payments—letter of
credit.
35.218-3 Advance payments — treasury
check.
35.218-4 Reimbursable payments.
35.218-5 Compliance.
35.218-8 Withholding of funds.
35.220 Work plan development.
35.220-1 Applicability.
35.220-2 Content.
35.220-3 Submission.
35.220-4 Funding for work plan develop-
- ment.
35 222 Plan Development.
35.222-1 Plan development • period—area-
wide planning agencies.
Beo.
35.222-2 Plan development period—Stat?
planning agencies.
35224 Content of plan.
86.226 Submission of the plan.
35.228 Plan approval.
35.230 Authority of States for nonpoint
source planning In areawide
planning areas.
35.232 Reports.
35.232-1 Interim progress reports.
35.232-2 Financial status reports.
35.234 Suspension and termination.
36.236 Disputes.
Subpart A—Planning Grants
GRANTS TO STATE AND DESIGNATED AHEA-
WIDE PLANNING AGENCIES—CONDITIONS,
POLICIES AND PROCEDURES
§ 35.200 Purpose.
These provisions establish conditions,
policies and procedures for grants to
State and areawide planning agencies,
and reference requirements for the sub-
stance of the planning process and the
content of required plans. These provi-
sions supplement the EPA general grant
regulations and procedures set forth in
Part 30 of this Chapter.
§ 35.202 Definitions.
The definitions of the terms contained
In § 130.2 of this Chapter shall be used
herein except as the context otherwise
requires.
§ 35.204 Allocations of funds.
(a) The Administrator will establish af
Regional allotment ratio for each EP^I
Region in accordance with the following
formula:
["(Population of Region) —(Population of Region's Previously Funded Designated"!
_,,! Planning Areas) I
(Population of United — (Population of Previously Funded Designated Planning I
l_Statee and Territories) Areas Nationally) J
["(Land Area of Region) —(Land Area of Region's Previously Funded Designated"!
,y\ Planning Areas) I
I (Land Area of United — (Land Area of Previously Funded Designated Planning I
LStates and Territories) Areas Nationally) J
(b) The Regional allotment ratk> for
each Region established pursuant to
§ 35.204(a) will be applied to sums avail-
able for each fiscal year after June 30.
1975 to produce an allotment for each
Region.
(c) As soon as practicable after the
President's budget has been submitted
to the Congress, the Administrator will
Issue to each Regional Administrator a
tentative Regional allowance (planning
target) based on the amount of the ap-
propriation requested by th» President.
The Regional Administrator shall notify
each State and appropriate areawide
planning agency of the funds available
for State and areawide water quality
management planning as soon as practi-
cable after receipt
(d) As soon aa practicable after funds
are appropriated, the Administrator will
Issue to each Regional Administrator a
final Regional allowance for allotment
to fltate and appropriate areawide plan-
ning agencies In each Region. Within
the limits of each final Regional allow-
ance, the Regional Administrator shall
negotiate grant amounts *or each eligi-
ble applicant (State and ft-eawide plan-
ning agencies) within the Region.
(e) On June 1, 1976, all unobligated
funds remaining within a Region will
revert back to the Administrator for
reallocation to other Regions (for sub-
sequent reallocation to State and area-
wide planning agencies) which can
demonstrate a need for funds In excess
of their final Regional allowance. In
Fiscal Year 1977 and In subsequent fiscal
years, unobligated Regional funds will
revert back to the Administrator ninety
.days after the date the final Regional al-
lowance Is Issued to the Regional Ad-
ministrator pursuant to § 35.204(d), or
not later than thirty days prior to the
end of the fiscal year, whichever date la
earlier.
§ 35.206 Eligibility for grant award.
(a) Areawide planning agency. Area-
wide planning agencies shall be eligible
for grant award pursuant to these provl-
woisrai. voc 40, NO.
, NOVEMBW JB, 19/5
-194-
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RULES AND REGULATIONS
ons only if clc-siynatal pur-uant to
S 130.13 of this Chapter and approved by
the Administrator a>> the official area-
wide planning agency lor the aiea The
agency shall further agree to develop a.
pl;m and a continuing planning process
lor the entire urea that meets the re-
'ii cements of these piovisions and Parts
1 ;0 and 131 of this Chapter.
ib> State plunninB agency. State
urjcncics designated by the Governors
pursuant to § 130 12 of this Chapter and
approved by the appropriate Regional
Administrator shall be eligible for grant
si ward pursuant to these previsions, pro-
vided that the State continuing plan-
ning process has been approved by the
appropriate Rt-nonal Administrator
pursuant to § 130.41 of this Chapter.
§ 35.20U Application for grunt.
Sj !55.20o—1 I'rcapplicalion requirements.
fa) All agencies aprlving for section
203 planning grants shall comply with
all applicable requirements of Office of
Management and Budget (OMB) Cir-
cular No A-95,, pursuant to § 30.305 of
tins Chapter.
(b> Areawide planning agencies desig-
nated by the Governor's) pursuant to
§ 130.13 of this Crnptcr shall submit
their applications and supporting data
to the Stnte plnnning agency designated
pursuant to 5 130 12 of this Chapter. In-
terstate arcawide planning agencies
.shall submit the application to the des-
rnatrd State agency in thp Stnte which
.ncludes the greatest portion of the
area's population, and provide copies to
the Governors of other affected states.
J; .">.">.2()"-2 Application rcquircincnti.
<;\i Each agency applying for section
208 planning prnnts shnll meet the fol-
lowing application requirements:
(1) Applications :,hall be made to
KPA on such forms as the Administra-
tor may prescribe pursuant to § 30.315 of
this Chapter.
(21 Evidence shall be provided that
all requirements of OMB Circular No.
A-05 have been met.
(3) A statement shall be provided in-
dicating that provisions have been made
or will be made for the establishment of
the following appropriate advisory
groups:
(ii For State planning areas, a policy
advisory committee for each approved
planning area; the membership and role
of this committee' shall be consistent
with § 130.16 of this Chnpter;
(ii) For arcawldc planning areas, a
policy advisory committee whose mem-
bership shall be consistent with § 130.16
of this Chapter.
(4) A statement shall be provided that
the proposed activity takes Into account
the relationship with affected State, locnl
and Federal programs, and with other
applicable resource and developmental
planning programs as set forth in § 130.-
34(a) of this Chapter
(5) A statement shall be included in-
dicating that the planning process will
become financially self-sustaining and
provide for annual update of the plan
once the initial plan is developed and
approved.
(6) An outline of the work plan which
the applicant ttill submit pursuant to
!i 35.220 herein <-hall be provided by State
and designated areavvide planning
agencies.
<7> A statement indicating how
matching funds, if required, will be
provided.
(b) Areawide planning agencies desig-
nated by the Governor(s) shall provide,
in addition to the requirements set forth
in § 35.208-2 State planning agencies shall sub-
mit, in addition to the requirements of
§ 35.208-2(a), evidence of compliance
with the procedures of § 130 13 of this
Chapter, including evidence that ade-
quate communication was made with
chief elected officials of local units of gov-
ernment in the designation of local
areas.
§35.210 Uc\iew, certification and ap-
pro\.il of grant application.
§35.210—1 Slate review and certifica-
tion of grant applications from nrea-
wiile planning agencies designated
by the (jovernor(s).
(a) The State planning agency desig-
nated pursuant to § 130.12 of this Chap-
ter shall, within 45 days after receipt of
a grant application review the applica-
tion and either certify or refuse to cer-
tify the application and proposed work
plan outline.
(b) Upon completion of the review re-
quired by § 35 210-1 (a), the State plan-
ning agency shall either:
(1) Return the grant application, in-
cluding the certification document, to the
applicant for forwarding of two copies
to the appropriate Regional Administra-
tor, or
(2) Forward two copies of the appli-
cation, including certification documents.
to the appropriate Regional Adminis-
trator.
Selection of alternatives (b) fl) or (2)
of this section shall be based on the
applicant's preference.
(c) If the application is not certified,
the State planning agency shall, in addi-
tion to its actions pursuant to 5 35.210-1
Cb). notify both the appropriate Regional
Administrator and the applicant as to
the specific reasons for non-certification
and specify the changes which are
needed for State certification of the
application.
(d) The procedures set forth in
535.210(1) (a) through (c) shall be
followed by intrastate and interstate
areawide planning agencies, except that
where the applicant is an Interstate
agency, the State planning agency in the
State which includes the largest portion
of the area's population shall coordinate
the review and certification process and
shall have an additional 15 days to com-
plete the process.
§ 35.210-2 EPA review and approval.
(a) No grant application will be ac-
, cepted for EPA review that is incomplete
or not accompanied by the State certi-
fication documents required pursuant to
I 35 208-2 herein.
(b) The Regional Administrator shnll
• review the application and supporting
documentation to determine its compli-
ance with the applicable requirements of
the Act and these provisions, the capa-
bility of the proposed program to meet
the required outputs of section 208 of the
Act, and reasonableness of the estimated
costs of the proposed program.
(c) Generally within 45 davs after re-
ceiving the application, and in accord-
ance with the provisions of §35212
herein, the Regional Administrator shnll:
(1) Award a grout to the applifint in
the amount determined to meet the ic-
quirements of § 35 214; or
(2) Notify,the applicant that the srnnt
application is deficient in one or more
respects and specify in which ways the
application must be modified to receive
EPA approval; copies of such notifica-
tions will be forwarded to all concerned
States at the time the* applicant is noti-
fied of EPA action.
§ 35.212 Grant a«ard and adjustment.
(a) Grant award Grants will be
awarded in an amount which the Re-
gional Administrator determines is ap-
propriate for the program outlined in the
grant application submitted pursuant to
§ 35.208-2.
(b) Grant adjustments. Such grants
shall be subject to adjustment by the Re-
gional Administrator, after his review
and approval of the work plan submitted
pursuant to § 35.220, and after consul-
tation with the appropriate St .te and the
applicants, to reflect his determination
of actual approved financial needs.
(c) Limitation on grant amount. The
grant amount, after adjustment pur-
suant to § 35.212(b), if any. shall consti-
tute the grantee's final maximum grant
amount for a Section 208 grant. In the
event of grantee noncompliance, the Re-
gional Administrator may reduce the
grant amount or terminate the grant
pursuant to 5 30.915 and § 30.920 of this
Chapter.
FEDERAL REGISTER, VOL 40, NO. 230—FRIDAY, NOVEMBER J8. 1975
-195-
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55324
RULES AND REGULATIONS
§ 3S.212-1 Rale of Federal u>»Utunce.
The rate of Federal assistance fur-
nished to a grantee shall be in accord-
ance with the provisions of the Act.
§ 35.212-2 Matching.
Pursuant to 5 30.720 of this Chapter,
contributions required to match Federal
funds may be reflected in contributions
to either direct or indirect costs: in-kind
contributions are permitted. Contribu-
tions to matching are allowable only if
they are verifiable from the grantee's
records; not included is cost sharing or
matching contributions for any other
Federally-assisted program; otherwise
properly allocable to the project; and are
expended for allowable project costs.
§ 35.212-3 Period of «ranl.
Federal assistance shall be for one or
more consecutive budget periods, the
total grant period beginning on the date
of execution of the grant agreement and
ending on the date on which the plan is
approved by the appropriate Regional
Administrator pursuant to i 35.228.
§ 35.214 Grant conditions and limita-
tion)).
Each grant awarded an area wide plan-
ning agency pursuant to these provisions
Is conditioned upon the subsequent sub-
mission of an approvable work plan pur-
suant to § 35.220-3.
§ 35.216 Allowable nml unallowable
i-oM.i.
Grant funds shall be expended by the
grantee solely for the reasonable and
allowable costs of the approved project In
accordance with the terms of the grant
agreement pursuant to the requirements
of this Subpart and § 30.700 of this Chap-
ter.
Allowable and unallowable costs shall
be determined in accordance with § 30.-
705 of this Chapter and by demonstration
that the costs are reasonable for carry-
ing out an approved grant project. While
costs incurred as a result of following an
approved work prouram would generally
be allowable, provided that they are not
prohibited elsewhere by Federal, State or
local law or regulations, the costs In-
curred by activity related to the follow-
ing shall be unallowable:
(a) Costs incurred In development of a
grant application for an areawide plan-
ning grant;
(b) Costs incurred In sewer evaluation
surveys as required under § 35.927-2 of
this Part;
(c) Costs incurred In detailed sewer
system mapping and surveys therefor;
(d) Costs related to sewage collection
systems at less than the trunk line level;
(e) Costs related to obtaining or pro-
viding Information for sewer systems,
other than the costs of determining the
following items In sufficient detail to
make Informed Judgments on the cost
effectiveness of available alternatives:
tributary or service areas, routes, sizes.
capacities and flows, critical control ele-
vations required to show ability to serve
tributary areas, lengths, staging, major
impediments to construction, and costs
of construction operation; data concern-
ing lift stations shall be limited to loca-
tion, size, energy requirements and cap-
ital and operating costs; costs of gather-
ing and analyzing information required
for economic, environmental and social
evaluations shall be eligible;
(f) Costs related to obtaining or pro-
viding treatment works, other than the
costs of determining the following items
in sufficient detail to make informed
judgments on the environmental impacts
and cost effectiveness of available alter-
natives: size, location, which shows ade-
quacy of the site including provision for
expansion, major systems for treatment
of influent and disposal of effluent and
sludge, flow and waste reduction, antic-
ipated effect of treatment, staging and
capital and operating costs and energy
requirement;
(g) Costs of special studies for the spe-
cific benefit of individual, industrial or
commercial establishments; and
(h) Costs of activities which are pri-
marily of a research nature.
§ 35.218 Payments.
§35.218-1 Payment method.
The Regional Administrator will
determine the payment method author-
ized for each grant award pursuant to
§ 30.615 of this Chapter. Ordinarily, the
advance payment method will be author-
ized. However, when the Regional Ad-
ministrator determines it is in the
Agency's interest, the reimbursement
method may be required.
§ 35.218—2 Advance payment';—letter of
credit.
(a) When the Regional Administrator
determines that a grant award will be
financed through advance payments, the
Regional financial management officer
will apply Treasury Department regula-
tions to determine whether payment will
be by letter of credit or Treasury check.
Generally letter of credit will be used
when annual payments under awards
providing for advance financing ag-
gregate to $250.000 or more. When the
letter of credit method is selected, it will
be stipulated in the grant agreement. The
grant agreement will require:
(1) That cash drawdowns be made
only when actually needed for payment
of the Federal share of liabilities relat-
ing to project costs,
(2) Timely reporting as required by
§ 35.232,
(3) Imposition of the same Treasury
Department standards on secondary
recipients, and
(4) Obligation of funds in accordance
with the grant agreement.
(b) The letter of credit may be issued
for the entire award or any part there-
of, with subsequent amendments for the
balance as the Regional Administrator
determines. An initial fund letter of
credit, will be issued to State and area-
wide planning agencies to the extent that
the grantees demonstrate the need for
For areawide agencies, this Initial fund
will generally not exceed five percen*f~
(57c) of the total grant award and vrm
be earmarked for work plan develop^
ment such funds. Subsequent amend- -
ments for the balance of the grant
amount will be anproved only after ap-
proval of the work plan by the Regional
Administrator. Withdrawal of cash
through the letter of credit will be moni-
tored by EPA through the payment
vouchers and quarterly financial reports
submitted pursuant to § 35.232-2.
§ 35.218-3 Advance payment*—Treas-
ury cheek.
If a grant award for which advance
financing is authorized does not meet the
criteria for letter of credit, payment may
be made by Treasury check. In this in-
stance, the Regional Administrator will
negotiate an initial cash advance. For
areawide agencies, this initial advance
will generally not exceed five percent
(5%) of the total grant award and will
be earmarked for work plan develop-
ment. If the grantee does not expect to
use the advance immediately, payment
must be scheduled for a later date when
need - becomes immediate. Once the
Initial advance is made, the grantee may
request replenishment of funds ex-
pended by submitting the Request for
Advance or Reimbursement form. This
form may be submitted quarterly but no
less frequently thsn annually. It is the
policy of EPA that large amounts of
cash advances not remain unused in the
hands of grantees. Therefore, EPA wi
monitor use of cash advances thro
the required financial reports and will
request reduction of the outstanding ad-
vance where lack of use is indicated.
§35.218—4 Reimbursable payments.
Where advance financing is not au-
thorized, payment will be made upon
the grantee's submission of a Request
for Advance or Reimbursement form.
Through this form, the grantee will re-
quest reimbursement of the Federal
share of expenditures related to the
grant agreement for the period since the
previous request for reimbursement.
Submission of reimbursement requests
may be made as often as necessary.
§ 35.218-5 Compliance.
Where the Regional Administrator de-
termines that the grantee has failed to
comply with the requirements for letter
of credit, as stated in § 35.218-2, or with
reasonable cash management practices
with cash advances bv Treasury check.
or is not in compliance with provisions
of the grant agreement, he may convert
either payment procedure to the reim-
bursement method.
§ 35.218-6 Withholding of fund*.
In accordance with the provisions of
§ 30.615-3 of this Chapter, an amount
not to exceed ten percent (10%) of the
grant award amount may be withheld
for noncompllance with a program ob-
jective, grant condition, or reporting
requirement.
FEDERAL REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 23, 1975
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RULES AND REGULATIONS
55325
>.220 Work pl«« derelopmenl.
' .220-1 Applicability.
The specific requirements of this sec-
tion are applicable only to work plans re-
lated to grants awarded after June 30,
1975.
§ 35.220-2 Content.
(a) Planning In State planning areas.
State planning agencies must submit a
work plan based on the approved con-
tinuing planning process, including the
State/EPA agreement, prepared pursu-
ant to 5 130.10 of this Chapter, and
which is consistent with the require-
ments herein and the requirements of
5 130.11 of this Chapter. The work plan
shall be included as an element of the
State program plan submitted pursuant
to section 106 of the Act which will set
forth a work schedule, cost and resource
budget and disbursement schedule.
(b) Planning in areawlde planning
areas. Designated areawide planning
agencies must submit a work plan which
contains:
(1) A description of all work per-
formed to date which will be used in the
plan development;
(2) A description of the proposed
planning process developed pursuant to
5 130.10 of this Chapter which will b«
utilized to (i) identify and evaluate
feasible measures to control point and
nonpoint pollution sources, which meas-
ures may take into account all source lo-
"jjtion and review measures necessary to
^ ;t State implementation plan require-
*-_nts in the area, (ii) develop an inte-
grated areawide plan to control these
sources, and (iii) establish an areawide
management program (including financ-
ing i for plan implementation;
(3) A description of any necessary ac-
tion in the planning to be taken by agen-
cies other than the applicant and pro-
cedures to be used in coordination of such
activities; documentation of the accept-
ance by the affected responsible agency
of such required work or action shall be
included and presented with the work
plan;
(4) A schedule showing required in-
terrelationships of work to be accom-
plished and anticipated dates of com-
pletion;
(5) A cost and resource budget, in-
cluding work to be done under contract
or by interagency agreement, and
• 6' A proposed disbursement schedule
v ith specific progress milestones i elated
to disbursements.
ii 35.220—3 Sulmtis«ion.
As e.xpeditiously as possible, grantees
conducting State and areawide planning
must submit to the Regional Administra-
tes a written work plan meeting the re-
ciun-ements of §35220-2. For areawide
planning agencies, the work plan shall be
submitted not later than twelve months
fiom the date of the Administrator's ap-
proval of the designation A copy of the
areawide planning agency's work plan
§d future significant modifications
*ereto shall be provided to the State
pl.mnme agency designated pursuant to
5 130.12 of this Chapter for review and
comment. Pursuant to § 35.220-3, sub-
mission and approval of the work plan is
a precondition to release of grant funds
for further areawide planning pursuant
to Part 131 of this Chapter.
§ 35.220—4 Funding for »ork plan devel-
opment.
Where the grant agreement, subject to
provisions of § 35.212, provides for work
plan development, the grantee will obli-
gate generally not to exceed- five percent
(5%) of the total award for that purpose.
Further additional obligation is not au-
thorized until approval of the work plan
is granted by the Regional Administrator.
Where work plan development is set as a
milestone in the grant agreement, the de-
cision on size of the initial advance will
take into account this five percent (5%)
limitation.
§ 35.222 Plan development.
§ 35.222-1 Plan development period—
areawide planning agencies.
(a) For each areawide grantee, the
Regional Administrator shall establish a
date (not more than one year from the
date of the Administrator's approval of
the designation of the grantee agency)
on which he determines that the grant-
ee's planning process becomes opera-
tional. The grant agreement shall be
amended to include this date. The
grantee's areawide plan must be sub-
mitted through the Governor to the Re-
gional Administrator for approval no
later than two years from the date so
established pursuant to § 131.20(1). For
grants awarded after June 30, 1975, the
date so established will generally be the
date of approval of the grantee's work
plan submitted pursuant to § 35.220
herein. For grants awarded prior to July
1, 1975, the Regional Administrator shall
select the date upon which the planning
process becomes operational based on the
following four elements:
(1) The hiring of sufficient personnel
by the grantee to perform the work as
outlined in the work plan required under
§ 35.220;
(2) The establishment of a policy ad-
visory or other appropriate committee
by the grantee;
(3) The initiation of major work ele-
ments (or date of award of contracts for
one or more such elements) by the
grantee: and
(4) Such other work plan require-
ments) the Regional Administrator
shall determine as a requirement for the
planning process to become operational.
Pursuant to § 130.13(f) of this
Chapter, the Governor of each State
may make subsequent designations of
appropriate areawide planning agencies.
Where such a designation occurs after
the State has already received a grant
for section 208 planning, the plan devel-
opment period for the aieawide planning
agency bo designated shall end on the
earlier of two dates: (1) Two years from
the date the planning process of the
newly designated areawide planning
agency is detoimined by the Regional
Administrator to be operational pur-
suant to § 35 22-1 (a) ; or (2) November 1,
1978.
§ 35.222-2 Plan development period—
State planning agencies.
Pursuant to 5 131.20(i) of this Chap-
ter, State planning agencies must submit
section 208 plans to the Regional Ad-
ministrator for approval no later than
November 1, 1978.
§ 35.224 Conlent of plan.
Each State and areawide planning
agency shall develop and submit to the
Regional Administrator for approval a
plan consistent with these provisions and
which meets the requirements of Part
131 of this Chapter.
§ 35.226 Submission of the plan.
Submission of plans prepared pursu-
ant to these provisions shall be in ac-
cordance with § 131.20 of this Chapter.
§ 35.228 Plan approval.
EPA approval of plans prepared pur-
suant to these provisions shall be in ac-
cordance with § 131.21 of this Chapter.
§ 35.230 Authority of States for non-
point source planning in areawide
planning area.*.
Whenever the Governor of any State
determines (and notifies the Regional
Administrator) that consistency with a
Statewide regulatory program under
section 303 of the Act so requires, the
requirements of § 131.1HJ) through (1)
of this Chapter shall be developed by
the State and submitted by the Governor
to the Regional Administrator for ap-
plication to all regions within such State.
All requirements of such State programs
shall be incorporated into each affected
areawide plan. The plan shall set forth
such additional local actions and pro-
grams as may be necessary for imple-
mentation of the plan developed by the
State.
§ 35.232 Ucpor^.
During the grant period, giantees will
be required to submit interim progress
reports and financial status reports at
intervals set forth below. Failure to com-
ply with established reporting require-
ments in a timely manner will result in
appropriate action pursuant to § 30 430
of this Chapter.
§ 35.232—1 Intcnm j>i-o£re-.> irporls.
Grantees shall monitor the perform-
ance under grant-supported activities to
assure that time schedules are being met,
projected work units by time periods are
being accomplished, and other perform-
ance goals and milestones aie being
achieved. Within 30 days following the
end of each quarterly period after the
effective date of the grant, the grantee
shall prepare and submit to EPA for
review a brief interim progress report
addressing the milestones m the ap-
proved work plan. A copy of this report
shall also be submitted to the S¥3<>~: plan-
ning agency, designated purs'j..nt to
§ 130.12 of this Chapter, which shall
expeditiously review the report and sub-
f~ti'-?.A\. PEG'S"* VOl 40, NO J30 FRIDAY, NOVEMBER 28, 1975
-197-
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55326
mlt its comments to EPA. The Regional
Administrator may, at his discretion, de-
termine that semi-annual reporting Is
adequate. The report of progress shall
include, but should not be limited to,
narrative presenting:
(a) A. comparison of actual accom-
plishments to the goals established for
the period;
(b) Any problems, delays, or adverse
conditions which have (or will) affect the
ability of the grantee to attain work plan
objectives;
(c) Favorable developments or events
which enable the grantee to meet time
schedules or milestones sooner than
anticipated;
(d) Any major changes in the overall
program, work plan, budget, organiza-
tion or staffing for the period; and
(e) Other pertinent information In-
cluding, where appropriate, analysis and
explanation of cost overruns or high unit
costs.
§ 35.232-2 Financial status report*.
(a) Grantees shall be required to sub-
. mil the financial status report at the end
of each quarter. The report shall be on
an accrual basis. However, if a grantee
cannot report on this basis, a request for
waiver may b'e submitted to the Regional
Administrator. The Regional Adminis-
trator may approve reporting on a cash
basis. The original and one copy shall
be submitted 30 days after the end of
each reporting period. In addition, final
reports shall be submitted 90 days after
the end of the project period.
(b) Grantees financed under a letter
of credit orlwtvances by.,Treasury check
will also submit the^Federal cash trans-
actions report within 15 days following
the end of each quarter. The grantee
shall forecast Federal cash requirements
for the next quarter in the Remarks sec-
tion of this report.
§ 35.234 Suspension -ovisions shall be final and con-
clusive unless appealed by the applicant
or grantee within 30 days from the date
of receipt of such final determination in
accordance with the "Disputes" article
RULES AND REGULATIONS
of the General Grant Conditions (Article
7 of Appendix A to this Subchapter).
(PR Doc.75-32014 Filed 11-26-75:8:45 am]
FEDERAL REGISTER, VOL. 40, NO. 230—FRIDAY, NOVEMBER 28, 1975
-198-
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APPENDIX 1-2
CITATIONS TO STATE CONSERVATION DISTRICT LAWS
-199-
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Citations to Conservation Districts Laws
Alabama
Alaska
Arizona
Arkansas
California -
Colorado
Connecticut -
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Soil Conservation Districts
Code of Ala. Tit. 2, Sees. 658-670
Soil Conservation District Law
Alas. Stats. Sees. 41.10.010 - 41.10.150
Natural Resource Conservation Districts
Ariz. Rev. Stats. Ann. Sees. 45-2001 - 45-2057
Conservation Districts Law
Ark. Stats. 1947 (1976 Replacement), Sees. 9-901 - 9-938
Resource Conservation
Deering's Calif. Code, Pub. Res. C.A. Sees. 9001 et seq.
Colorado Soil Conservation Act
Col. Rev. Stats. (1973), Sees 35-70-101 - 35-70-121
Soil Conservation
Gen. Stats. Conn. (1977), Sees. 25-104 - 25-109b
Soil and Water Conservation Districts
Del. Code Ann. (1974 Rev.), Sees. 3901 - 3925
Soil and Water Conservation
Fla. Stats. Ann., Sees. 582.01 - 582.49
Soil and Water Conservation Districts Law
Ga. Code Ann. (1975 Rev.), Sees. 5-1801 - 5-1811
Soil and Water Conservation Districts
Hawaii Rev. Stats. (1968) Sees. 180-1 - 180-17
Soil Conservation Districts Law
Idaho Code Sections 22-2714 - 22-2727
Soil and Water Conservation Districts Law
111. S.H.A. Ch.5, Sees. 106 - 138.2
Soil and Water Conservation Districts Act
Burns Ind. Stats. Ann. (1973), Sees. 13-3-1-1 - 13-3-1-14
Soil Conservations Districts Law
Iowa Code Ann. (1971), Sees. 467A.1 - 467A.53
Conservation Districts Law
Kan Stats. Ann. (1975) Sees. 2-1901 - 2-1918
Soil and Water Conservation
Ky. Rev. Stats. Ann Sees. 146.080 - 146.090;
262.010 - 262.795
Soil and Water Conservation Districts
La. Rev. Stats. Sees 3-1201 - 3-1255
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Maine
Maryland
Massachusetts-
Michigan
Minnesota
Mississippi -
Missouri
Montana
Soil Conservation Districts Law
Me. Rev. Stats. Ann. Tit.12, Sees. 1 - 201
Maryland Soil Conservation Districts Law
Ann. Code of Md. (1974) Agriculture Sec. 8-101 - 8-501
Conservation Districts
Ann. Laws of Mass. (1973) Ch. 21, Sees. 18 - 25
Soil Conservation Districts Law
Mich. Stats. Ann. (1973), Sees. 13.1781 - 13.1796
Soil and Water Conservation
Minn. Stats. (1971), Sees.40.0005 - 40.15
Soil and Water Conservation District Law
Miss. Code 1972 Ann., Sees. 69-27-1 - 69-27-69
Soil and Water Conservation Districts Law
Mo. Rev. Stats. 1969, Sees. 278.060 - 278.300
Rev. Codes of Mont., Sees. 76-101 - 76-117
Nebraska
Nevada
New Hampshire -
New Jersey
New Mexico -
New York
North Carolina -
North Dakota-
Ohio
Oklahoma
Pennsylvania-
Natural Resources
Rev. Stats, of Neb. of 1943 (1974), Sees. 2-3201 - 2-3272
Conservation Districts Law
Nev. Rev. Stats., Sees. 548.010 - 548.550
Conservation Districts
N.H. Rev. Stat. (1968), Sees. 430-6:1 - 430-8:10
Soil Conservation; Soil Erosion and Sediment Control
N.J. Stats. Ann. (1973) Sees. 4:24-1 - 4:24-55
Natural Resource Conservation District Act; Watershed District Act
N.M.S.A., Sees. 45-5-41 - 45-5-64
Soil and Water Conservation Districts Law
McKinney's Cons. Law of N.Y., Book 52-B, Sees. 1-15
Soil Conservation Districts Law
Gen. Stats, of N.C. ( 1974 Replacement), Sees. 139-1 - 139-47
Soil Conservation Districts Law
N.D. Cent. Code Ann., Sees. 4-22-01 - 4-22-51
Soil and Water Conservation
Page's Ohio Rev. Code Sees. 1515.01 - 1515.30
Conservation District Act,
Okla, Stats. 1971, Title 82, Sec. 1501-101 - 1501-808
Soil and Water Conservation
Purdon's Pa. Stats. Ana, T.3, S 849 - 864
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Rhode Island -
South Carolina
South Dakota -
Tennessee
Texas
Utah
Vermont
Virginia
Washington -
West Virginia -
Wisconsin
Wyoming
Puerto Rico -
Virgin Islands
State Conservation Law
Gen. Laws R.I. Secs.2-4-1 - 2-4-19
Soil Conservation Districts Law
Code of Laws of S.C. 1962, Sees. 63-51 - 63-167
Soil and Water Conservation
S.D. Comp. Laws 1967 Ann., Sees. 38-7-1 - 38-8-99
Soil Conservation Districts Law
Tenn. Code Ann., Sees. 43-1501 - 43-1523
State Soil Conservation Law
Vernon's Tex. Civ. Stats., Art. 165a-4 - 165a-10
Soil Conservation Districts Law
Utah Code Ann. (1968), Sees. 62-1-1 - 62-1-17
Soil Conservation Act
Vt. Stats. Ann. 1973, T.10, Sees. 701 - 740
Soil Conservation Districts Law
Code of Va. 1975 Replacement, Sees. 21-1 - 21-112.21
Conservation Districts Law
Rev. Code of Wash. 1976, Sees. 89.08.005 - 89.08.901
Soil Conservation Districts Law of West Va.
W. Va. Code 1977 Replacement, Sees. 19-21A-1 - 19-21A-14
Soil and Water Conservation District Law
Wise. Stats. 1973, Sees. 15.915; 92.01 - 92.20
Wyo. Conservation Districts Law
Wyo. Stats (1975 Supp.) Sees. 11 234 - 11-249
Watershed Improvement Dists.
41.354.1 - 41.354.26
Soil Conservation
Laws of P.R. Ann. T5, Sees. 241 - 252
Soil Conservation
V.I. Code T 7, Sees. 41 - 55
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APPENDIX 1-1
EXAMPLES OF MEMORANDUMS OF UNDERSTANDING
WITH CONSERVATION DISTRICTS
U.S. Department of Agriculture
Agricultural Stabilization and Conservation Service
Soil Conservation Service
U.S. Department of the Interior
Corps of Engineers
State Forestry Agency
State Fish and Wildlife Agency
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MEMORANDUM OF UNDERSTANDING
between the
SOIL (AND WATER) CONSERVATION DISTRICT
and the
UNITED STATES DEPARTMENT OF AGRICULTURE
This memorandum of understanding is between the Soil
(and Water) Conservation District, State of , hereinafter called the
District, and the United States Department of Agriculture, hereinafter called the
Department. It is effective on the date it is signed by or for the Secretary
of Agriculture and replaces any memorandum of understanding heretofore entered
into between the District and the Department.
STATEMENT OF PURPOSE
The District has been organized pursuant to the Soil ( and Water) Conservation
Districts law of as a governmental subdivision of the state as
evidenced by its certificate of due organization, a copy ofwhich is attached or on
file in the Department. It is prepared to exercise within its boundaries public
powers as authorized by that law, as amended and supplemented.
The Secretary of Agriculture is authorized under the terms of various
statutes administered by the Department to carry out a broad program of assistance
to farmers, ranchers, and landowners including soil and water conservation, watershed
protection, flood prevention, farm forestry, and rural areas development, and
encompassing research, education, technical assistance, cost sharing, and credit.
This program may include cooperation with and assistance to soil (and water)
conservation districts in conserving and improving soil, water, vegetative, wild-
life, and related resources, and in reducing damage by floods and sedimentation.
The District has adopted a program outlining in general its longtime soil
and water conservation and resource-use objectives, a copy of which is attached or
is on file in the Department. The District is engaged in carrying out this program.
The District has or in the future may have available services, facilities, and
funds from federal, state, local, and private sources for carrying on its work.
The District and the Department have the common objective of helping to
bring about the use of each acre of agricultural and other land within the limits
of its capabilities and the treatment of each acre in accordance with its needs
for protection and improvement. Cooperation is mutually helpful to the District
and the Department in achieving this common objective. This memorandum of under-
standing establishes an enduring basis for such cooperation and assistance.
A. WHAT THE DEPARTMENT WILL DO
The Department will cooperate with and assist the District in carrying out
its longtime soil and water conservation and resource-use program. Such assistance
as is consistent with the Department's statutory authority and available resources
will be provided through its various agencies in accordance with Departmental
regulations. Such assistance will be made available through supplements
to this memorandum of understanding or through other appropriate arrangements
developed between the District and each agency of the Department cooperating with
the District.
B. WHAT THE DISTRICT WILL DO
1. The District, on request or on its own initiative, will consult
with and make recommendations to departmental agencies carrying on conservation
work within the District, with respect to the development and administration of
conservation activities and the overall conservation problems and work plans of the
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District, to best effectuate the purpose of those activities.
2. The District will prepare an annual work plan to serve as a guide in
carrying out its program during the year ahead.
3. Where the aid to be furnished by the District to owners and operators of
land in carrying out conservation and resource-use plans requires assistance
provided the District by an agency of the Department, the District will enter
into agreements with those owners and operators, fixing the responsibilities of
the parties in carrying out those plans. The forms of such agreements are to be
acceptable to the Departmental agency concerned. Where assistance is limited to
consultive type services, suitable informal arrangements rather than formal
agreements are appropriate.
4. The District will be responsible for determining the kind, amount, and
priority of work to be performed by it on farms, ranches, and other land and
for seeing that the provisions of agreements it enters into vn'th owners and
operators of land are carried out.
5. The District will provide such funds, personal services, and facilities
as it is able to obtain for carrying on its work.
6. The District will not charge for assistance made available by the Depart-
ment and will conduct its work in such manner that cooperating land owners and
operators and the general public will understand that any charges it may make are
not for that assistance.
7. Within 60 days after the end of each calendar year, or of each fiscal
year of the state, the District willsubmit to the Department of Agriculture, through
the state conservationist of the Soil Conservation Service, an annual report
on the District's activities and accomplishments. The District will send a copy
of its annual report to each cooperating Departmental agency. The District will
keep its records in such a way that the agencies of the Department cooperating
with the District may obtain adequate information as to the District activities by
examining these records.
8. The District will inform all cooperating agencies of the Department of
any substantial changes in its longtime program in order to avoid possible
misunderstandings in carrying out the District's work.
C. IT IS FURTHER UNDERSTOOD
1. Assistance supplied to the District by a Departmental agency will be
furnished in accordance with the agency's applicable authorities and policies.
2. Any assistance by Departmental agencies for carrying on educational
or farm forestry work made available to the District will be furnished in accordance
with existing or future agreement between the Department or its agencies and state
agencies.
3. This memorandum is not to be construed to affect the jurisdiction of the
federal government, or any agencies thereof, over federally-owned land which may
lie within the boundaries of the District.
4. Departmental agency personnel and facilities are to be under the
administrative jurisdiction of the Departmental agency involved.
5. Any equipment and materials made available to the District by Departmental
agencies are to be utilized by the District in accordance with an agreement
entered into governing their use.
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6. Personnel, facilities, and funds available to the Districts from state,
local and private sources are to be under the administrative jurisdiction of the
District or of the cooperating state or local agency.
7. Neither the Department nor the District are to be bound by any obligation
in this memorandum or any supplement thereto or other appropriate arrangements that
involve the expenditure of funds in excess of the amounts made available to it or
for a period in excess of that authorized by law.
8. All matters that may require administrative action or approval by any
agency of the Department will be handled through the established administrative
procedures of that agency and of the Department.
9. This memorandum can be modified or terminated at any time by mutual
consent to the parties thereto or can be terminated by either party alone by giving
60 days notice in writing to the other.
10. An supplemental memorandums of understanding or other appropriate
arrangements now in effect between the District and an agency of the Department
are to remain in full force and effect and to be subject to all of the provisions
hereof.
SOIL (AND WATER) CONSERVATION DISTRICT
BY
Chairman, District Governing Body
The signing of this memorandum of understanding was authorized by a
resolution of the district governing body adopted at a meeting held on
, 19
Secretary, District Governing Body
Date: , 19 .
UNITED STATES DEPARTMENT OF AGRICULTURE
By
Secretary of Agriculture
Date , 19
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SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
between the
CONSERVATION DISTRICT, State of.
and the
_COUNTY AGRICULTURAL STABILIZATION AND
CONSERVATION COMMITTEE
The Conservation District of
and the Secretary, United States Department of
Agriculture, have entered into a basic Memorandum of Understanding, which was
signed by the District on 19 . That Memorandum establishes a
basis for the cooperation of all agencies of the Department with the District.
The County Agricultural Stabilization and Conservation Committee, hereinafter
called the committee, is authorized under the terms of various statutes administered
by the U.S. Department of Agriculture to carry out a broad program of cost-sharing
assistance to farmers, ranchers, and other eligible landowners including a program
of soil and water conservation, watershed protection, flood prevention and forestry.
This program includes cooperation with conservation districts in conserving and
improving soil, water, vegetative, wildlife, and related resources, and in reducing
damage by floods and sedimentation.
The district and the committee have the common objectives of helping to bring
about the conservation, development and wise use of land, water, and related resources.
They, therefore, enter into this memorandum of understanding as the foundation for
enduring cooperative working arrangement. This memorandum supplements the Memorandum
of Understanding between the District and Department referred to above, and is
subject to all provisions of the Memorandum of Understanding.
A. What the District Will Do:
1. The District will (a) adopt a procedure for the orderly and progressive
development and application of conservation and resource development plans for farms,
communities, watersheds, and other land units, (b) be responsible for determining
the recipients of services provided by the District and for setting priorities for
the kind and amounts of work to be performed in the District, and (c) develop a
systematic method for group and individual followup work essential to the carry-
ing out of conservation and resource development plans.
2. The District will invite the committee to participate in the develop-
ment of its annual work plan and long-range program and will make these available
to the committee for its use in developing its county conservation cost-sharing program.
3. The District will advise farmers and landowners of the cost-sharing
assistance available through the committee.
4. The District will participate in the development of the county plan
and conservation cost-sharing program.
5. As requested and feasible, the District will assist the committee
in carrying out its conservation cost-sharing program. In relation to long-term
agreements under the conservation cost-sharing program, the District shall (1) review
and approve, when adequate, the required conservation plans of operations; (2) con-
sider and, in concurrence with the Soil Conservation Serice, recommend priority
ratings of applicants; and (3) make recommendations on indicated violations and
possible cancellations or terminations.
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6. Within 60 days after the end of their fiscal year, the District will
send to the committee a copy of the annual report of the District's activities and
accomplishments.
B. What the Committee Will Do:
1. The Committee, in cooperation with the county program development group,
is responsible for developing the county plan and conservation cost-sharing program
for the county. The committee will invite the District and representatives of
other Federal and State agencies to participate in the development of this plan
and program and other conservation programs.
2. The committee will consider the District's long-range objectives
and annual work plan in developing its county plan.
3. The Committee will request the District to assist in carrying out the
conservation cost-sharing program and other conservation program.
4. The committee will inform those eligible of the availability of
cost-sharing for the establishment of conservation practices included in their
District conservation plans.
5. The committee will give priority to providing cost-sharing assistance
for accelerating land treatment in RC&D and P.L. 566 projects as applicable.
6. The committee will encourage landowners to become District Cooperators
and to develop and establish conservation plans.
7. The committee will furnish such other assistance, as may be mutually
agreed upon, to the District to aid in carrying out any of its duties and programs.
8. The committee will provide a copy of its annual report to the District.
C. It is Further Understood:
1. District personnel and facilities will be under the administrative
jurisdiction of the District and committee personnel and facilities will be
under the administrative jurisdiction of the committee.
2. The governing boards of the District and the committee will meet
jointly, in addition to the annual program development meeting, at least once a
year to discuss priorities of conservation activities involving cost-sharing and
technical services essential to attaining soil and water conservation and resource-
use objectives. Such meetings may include field reviews to determine progress.
3. In instances where the geographical boundaries of the District and
the commitee do not coincide, the District(s) and committee(s) shall mutually
develop appropriate liaison and representative arrangements.
4. Other cooperative arrangements between the District and the committee:
(add here any additional items as appropriate)
5. This Supplemental Memorandum of Understanding will be effective
when signed. It may be modified or terminated at any time by mutual consent of
the parties hereto or may be terminated by either party alone by giving sixty
(60) days notice in writing to the other.
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CONSERVATION DISTRICT
By
Chairman, District Governing Body
Date: , 19
The signing of the Memorandum of Understanding was authorized by a
resolution of the District Governing Body Adopted at a meeting held on
, 19 .
Secretary, District Governing Body
Date: , 19
_County Agricultural Stabilization and Conservation
Committee
By_
Chairman, County Committee
Date: , 19
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SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
between the
CONSERVATION DISTRICT, State of
and the
SOIL CONSERVATION SERVICE
UNITED STATES DEPARTMENT OF AGRICULTURE
The Conservation District, of
and the Secretary, United States Department
of Agriculture, have entered into a basic memorandum of understanding, which was
signed by the District on the day of , 19 . That
memorandum establishes a basis for the cooperation of agencies of the Department
with the District.
Under the terms of the Soil Conservation Act of 1935 and other acts, the
Soil Conservation Service is authorized to cooperate with and to furnish assistance
to the District for conservation and resource development work.
The District and the Soil Conservation Service have the common objective
of helping to bring about the conservation, development,and wise use of land,
water, and related resources. They, therefore, enter into this memorandum of
understanding as the foundation for an enduring cooperative working arrangement.
This memorandum supplements the memorandum of understanding between the District
and the Department referred to above, and is subject to all the provisions of
that memorandum of understanding.
A. What the Soil Conservation Service Will Do.
1. SCS will make available to the District the services of personnel
qualified in carrying out resource planning, conservation, and development and
will provide such facilities as its employees may require. Through its state
conservationist, SCS will designated a conservationist as its primary staff member
for assisting the District.
2. SCS assistance will be allocated in accordance with an annual plan
of operations prepared by SCS in consultation with the District and based upon
the District's annual work plan. SCS will consult with the District whenever
substantial changes in assistance to be made available are contemplated and will
notify the District in advance whenever changes are to be made.
B. What the District Will Do.
1. The District will (a) adopt a procedure for the orderly and progressive
development and application of conservation and resource development plans for
farms, communities, watersheds,and other land units, (b) be responsible for
determining the recipients of services provided by the District and for setting
priorities for the kind and amounts of work to be performed in the District, and
(c) develop a systematic method for group and individual followup work essential
to the carrying out of conservation and resource development plans.
2. The District's annual work plan, which will be prepared as a guide
for its work and activities for the year ahead, will include whatever information
SCS needs for preparing its annual plan of operations.
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3. The District will keep records of all materials and equipment furnished
it by SCS in accordance v/ith agreements regarding such materials and equipment. _
Such records will be available for examination at any reasonable time by accredited
SCS representatives.
C. It is Further Understood
1. Either party, as mutually agreed upon, will provide or arrange for
such additional services, facilities, equipment, materials, and arrangements as
may be required to achieve common objectives.
2. SCS personnel and facilities, all of which will be under SCS jurisdiction
will be located insofar as feasible at headquarters mutually satisfactory to the
District and to SCS. SCS retains the right to establish headquarters for its
personnel at such places as it deems most appropriate.
3. The program conducted will be in compliance with all requirements
respecting nondiscrimination as contained in the Civil Rights Act of 1964,
as amended, and the regulations of the Secretary of Agriculture ( 7 C.F.R.
Sec. 15.1 - 15.12), which provide that no person in the Untied States shall, on
the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity receiving federal financial assistance from the Department
of Agriculture or any agency thereof.
4. This supplemental memorandum of understanding will be effective when
signed by both parties and will continue in effect for the duration of the basis
memorandum of understanding referred to above, except that it may be modified
or terminated at any time by mutual consent of the parties hereto, or may
be terminated by either party by giving 60 days notice in writing to the other party.
CONSERVATION DISTRICT
By:
Chairman, District Governing Body
Date: J9_
The signing of this supplemental memorandum of understanding on behalf of the
District was authorized by a resolution of the district governing body adopted at a
meeting held on the day of the 19 •
Secretary, District Governing Body
Date: 19
SOIL CONSERVATION SERVICE
United States Department of Agriculture
By ...
State Conservationist, Soil Conservation
Service
_2ll- Datej 19
-------
MEMORANDUM OF AGREEMENT
Between the
United States Department of the Interioi
and the
STATEMENT OF PURPOSE
The Conservation District has been organized
pursuant to the Soil and Water Conservation District Law of the ,
as a governmental subdivision of that State, to exercise public powers in connection with soil conservation and devel-
opment of natural resources within its boundaries The District has developed a program outlining the extent and
condition of its soil and natural resources and its long range objectives with respect to these resources. It has also
formulated a plan of action setting forth how it proposes to carry on its conservation and resouice development activi-
ties. Copies of the program and plan of action are on file in the District Office and may be inspected by any of its
cooperating agencies at any time. The District has, or may have in the future, under its control, funds, services, and
facilities contracted from private, local, State, or Federal sources for its use in carrying on its work.
The Secretary of the Interior is authorized under the
terms of various statutes administered by the United
States Department of the Interior to cooperate with and
to assist Soil and Water Conservation Districts in
achieving the conservation and development of the soil
and natural resources on lands under the jurisdiction of
the Department of the Interior. Such cooperation and
assistance can be mutually helpful to the District and
the Department in reaching their common objectives.
In view of these considerations, the District and
the Department desire to establish a basis for such
mutual cooperation and assistance, and therefore enter
into this Memorandum of Agreement.
A. WHAT THE DEPARTMENT WILL DO
The Department of the Interior, through its various
agencies, will, consistent with statutory authority and
available resources, and in accordance with departmental
regulations, cooperate with and assist the District in
conducting a soil and natural resources program. Such
assistance will be made available in accordance with
Supplements to this Memorandum of Agreement, or other
appropriate arrangements to be entered into between the
District and each agency ~6f the Department cooperating
with the District.
B. WHAT THE DISTRICT WILL DO
1. The District will prepare and adopt a long-range
program, and an annual work plan, both of which it will
keep current, as guides to show how it proposes to carry
on its activities in the development and management of
its natural resources.
2. Where the aid and assistance is made available
to the District by an agency of the Department, the
District will enter into a supplemental agreement with
the agency furnishing the assistance, fixing the respon-
sibilities of each in carrying out the District's program.
The forms of such agreement are to be acceptable to the
Departmental agency involved.
3. The District will be responsible for developing a
plan and schedule of work to be performed by each of its
cooperators, in furtherance of the provisions of agree-
ment it enters into.
4. The District will provide such funds, peisonal
services, and facilities that it is able to obtain for
carrying on its work.
5. The District will keep its records in such a way
that the agencies of the Department cooperating with the
District may obtain adequate information as to the
District's activities and accomplishments. Once each
year the District will submit to the Department a report
of its accomplishments and activities for the year ending
December 31
6. The District will inform all coopeiating agencies
of any substantial changes in its program and its work
plan, in order to avoid possible conflicts in carrying out
an integrated District program, consistent with depart-
mental objectives and programs, on lands under the
jurisdiction of the Department of the Interior.
C. IT IS FURTHER UNDERSTOOD
1. Assistance supplied to the District will be
furnished in accordance with departmental regulation.
The types of assistance to be furnished in any State
will depend upon the adequacy of the State Soil and
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Water Conservation District law which authorizes
Districts to carry out well-planned and coordinated
programs for the development and management of their
natural resources.
2. Any assistance made available to the District by
departmental agencies will be furnished in accordance
with existing or future agreements between the Depart-
ment or its agencies and the District.
3. This Memorandum shall not be construed to
affect the jurisdiction of the Federal Government, or any
agencies thereof over lands under the jurisdiction of
the Department of the Interior which may lie within the
boundaries of the District.
4. Neither the Department of the Interior nor the
District is bound fay any obligation in this Memorandum
or any Supplement thereto which will involve the ex-
penditure of funds in excess of the amounts made avail-
able to it, or for a period in excess of that authorized
by law.
5. All matters that may require administrative
action or approval by any agency of the Department will
be handled through the established administrative
procedures of that agency and of the Department.
6. This Memorandum shall be effective when signed
by both parties. It may be terminated or modified at any
time by agreement of the parties, and may be terminated
by either party alone by giving sixty (60) days' notice in
writing to the other.
The signing of this Memorandum of Agreement was authorized by a resolution of the District Governing Body
adopted at a meeting held on ,19
(Secretary, District Governing Body)
,19
(Date)
(Secretary of the Interior)
(Date)
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APPENDIX A
MEMORANDUM OF AGREEMENT
Between the
District
and the
Corps of Engineers, Department of the Army
Statement of Purpose
The purpose of this Memorandum of Agreement is to provide for cooperation
between the Conservation District, established pursuant
to the laws of the State of , and the Corps of Engineers of
the Department of the Army, in the planning and carrying out of projects and
programs for the conservation, wise utilization, and efficient development
of the land, water, and related resources within the
Conservation District.
A. What the Corps of Engineers Will Do.
1. The Corps of Engineers will call upon the District at an early
stage for advice and recommendations in the planning and carrying out
of any projects and programs the Corps may undertake within the District.
2. The Corps of Engineers will notify the District of all public
hearings on proposed projects and project plans which would affect the land,
water, and related resources within the District.
3. The Corps 9f Engineers will make available to the District such
information, technical advice, and assistance as it may request, subject
to the limitations of paragraph C-l of this Agreement.
4. The Corps of Engineers will enter into agreements supplemental to
this Agreement setting forth in all necessary detail (a) the nature of
any assistance to be rendered in connection with the carrying out of a
specific project or program, and (b) the arrangements under which such
assistance is to be made available.
B. What the Conservation District Will Do
1. The District will assist the Corps of Engineers in carrying out
any activities which the latter may undertake within the boundaries of
the District by furnishing such advice and recommendations as may, in
its opinion, result in better coordiantion of the Corps activity with
the long-range plan of the District.
2. The District will provide the Corps of Engineers with copies of
any annual and long-range work plans it may adopt and its annual reports.
3. The District will call upon the Corps of Engineers for such
information, technical advice, and assistance in the planning and
carrying out of aspects of the District's activities as the Corps may be
particularly well qualified to provide because of its specialized
knowledge and experience.
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C. Further Understandings
1. Any assistance furnished by the Corps of Engineers under the
provisions of the Agreement will be subject to the limitations of its
legislative authorities, the regulations of the Department of the Army,
and the availability of funds and personnel.
2. Cooperation by the District in carrying out the provisions of
this Agreement will be subject to the limitations of the laws
establishing the District and the availability of funds and personnel.
3. This Memorandum of Agreement will be effective when signed, and
may be terminated at any time by mutual consent of the parties hereto,
or by either party after 60 days notice of its desire for termination.
BY:
Chairman, District Governing Body
Date:
BY:
District Engineer,
Corps of Engineers
Date:
ATTEST: The signing of this Memorandum of Agreement was authorized by
a resolution of the District Governing Body adopted at a meeting held
on .
BY:
Secretary, District Governing Body
Date:
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NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF FORESTRY
AND
^__^ SOIL CONSERVATION DISTRICT
(name)
The New Jersey Bureau of Forestry (hereinafter called the Bureau) and the
Soil Conservation District (hereinafter called the
District) clearly recognize that soil conservation and proper forest management
are problems of mutual concern to landowners and to those agencies responsible
for implementation.
It is the policy of the Bureau to furnish technical advice and assistance to
landowners desirous of carrying out forest management practices on their lands.
In order to facilitate this program and to be of assistance to the District in
reaching their goals, it is desirable that a mutual agreement be formulated which
establishes a working relationship between the District and the Bureau of Forestry.
In order to effect this working relationship, it is mutually agreed as follows:
Within the limits of its authority and available resources the Bureau will:
1. Designate an Area Forester as a representative of the Bureau to the District.
2. Accept referrals for forestry assistance from the District and provide
necessary follow-up.
3. Render technical assistance to landowners within the District on all
forestry matters, and develop woodland management and planting plans. Copies will
be provided for each cooperator and for the District files.
4. Bring to attention of landowners the total district program and encourage
their participation in all phases of resource management.
The District will:
1. Use its combined resources to effectively arouse the active interest of
landowners and general public, for the necessity, and current procedures for
attaining good woodland management.
2. Submit requests for forestry services to the designated forester and
consult with him all matters pertaining to forestry including initial planning
and land use as it applies to woodlands and tree planting.
It is mutually agreed and understood:
1. That the designated forester will be under the administrative control of
the Bureau.
2. That this memorandum shall be effective when signed by both parties hereto.
It may be terminated or modified at any time by agreement of the parties, and may
be terminated by either party alone by giving 60 days notice in writing to the other.
Date State Forester, Bureau of Forestry
Date Chairman, Soil Conservation District
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MEMORANDUM OF UNDERSTANDING
between
MAINE DEPARTMENT OF INLAND FISHERIES AND WILDLIFE
and the
SOIL AND WATER CONSERVATION DISTRICT
The Department of Inland Fisheries and Wildlife is the state agency responsible
for the protection and enhancement of the fish and wildlife resources of the state.
Soil and Water Conservation Districts are the state agency with responsibility
for developing and implementing overall soil and water conservation programs within
their assigned geographic areas within the state.
Because of the interrelationships between land use and treatment measures and
the habitat of various fish and wildlife species, this memorandum is developed for
the purpose of formalizing the working relationships between the signatory parties.
In implementation of the Memorandum, it is agreed that:
THE DISTRICT WILL:
1. Encourage its cooperators to consider fisheries and wildlife values and habitat
as part of the overall conservation plans for their land.
2. Consider Department goals, objectives and programs in developing its long range
and annual plans.
3. Assist cooperators in the preparation of any necessary permit applications required
by the Department, encourage cooperators to acquire any such permits prior to the
start of applicable projects, and to withhold assistance when it is known that required
permits have not been acquired.
4. Invite regional biologists of the Department to meet with the District Board of
Supervisors to discuss matters of mutual interest.
5. Provide technical advice to applicants for Stream Alteration Act Permits.
6. Furnish the Department with copies of any reports, studies, maps, photos, or other
documents which will assist the Department in its activities.
THE DEPARTMENT WILL:
1. Provide assistance to the District in the preparation of long-term plans and goals.
Assist the District in the preparation of the wildlife sections of such plans and goals.
2. Provide copies of studies, reports, maps, photographs and other documents to the
District which will assist the District in its program.
3- Provide guidance to the District and its employees and agents in the identification
of wildlife values and habitat identification in furtherance of the planning effort
on lands of District cooperators.
4. Refer Stream Alteration Act permit applicants to the appropriate District for
assistance on seeding, mulching, channel stabilization, darn construction, etc.
IT IS MUTUALLY AGREED THAT:
1. This memorandum will become effective of the date of the last signature hereto.
2. This memorandum will not obligate either party to the expenditure of funds or manpower
in excess fo amounts available. Both parties will render assistance based upon its
policies, priorities, work schedules, technical standards, finances, and other
considerations.
3. In the event any provision of this memorandum is found to be inconsistent with
the terms of other agreements or memorandums already in effect, the inconsistencies
will be reconciled by consultation and mutual consent.
4. This memorandum may be terminated at any time by mutual agreement or by either
party giving 60 days notice in writing to the other party.
Soil & Water Conservation District Department of Inland Fisheries & Wildlife
By Chairman Date -?~\1- Commissioner Date
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APPENDIX 1-2
EXAMPLES OF RESOURCE MANAGEMENT SYSTEMS
Cropland
Irrigated Cropland
Pastureland
Native Grazing Land
Woodland
Urbanizing Land
Surface Mine Areas
Streams and Rivers
Waste Utilization and Disposal
Source: Soil Conservation Service
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RESOURCE MANAGEMENT SYSTEMS
for
CROPLAND
Definition - Land used primarily for the production of adapted cultivated
or close-growing crops for harvest alone or in association with sod
crops.
Suitable Soils - In general, suitable soils include those in capability
classes I through IV, and with certain intensive treatments capability
classes V, VI, and VII.
Primary Resources - Soil, water, plants.
Objectives -
A. Essential treatment to protect the resource base.
1. Practices that are essential to meet quality standards:
a. CONSERVATION CROPPING SYSTEM
2. Practices that may be essential to meet quality standards:
a. That will dispose of surface water runoff at nonerosive
velocities. (May include, but are not limited to, terrace,
diversion, grassed waterway or outlet, grade stabilization
structure.)
b. That will reduce soil movement by wind or water to within
tolerable limits established for each soil (May include,
but are not limited to terrace, diversion, contour farming,
stripcropping, crop residue management, minimum tillage,
field windbreak, subsurface drain.)
c. That will result in soil conditioning rating indices of
0.0 or above.
B. Additional treatment necessary to improve environmental quality.
1. Reduce soil loss to a level below the tolerable limit by more
intensive application of erosion control practices. (May include,
but are not limited to, combinations of terraces, diversion, con-
tour farming, stripcropping, crop residue management, minimum
tillage, field windbreak, and subsurface drain.)
2. Improve wildlife habitat with:
a. Field borders
b. Hedgerow planting
c. Leave odd areas of grain for food patches near good wildlife
cover.
d. Leave crop residues standing on surface over winter.
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e. Delay mowing or use of flushing bar in cover crops or
grassed waterways to reduce bird losses.
f. Include a greater diversity of crops in rotation.
g. Plant crops in narrow strips.
3. Use of proper amounts of fertilizer to reduce contamination
of surface waters.
4. Proper agricultural waste disposal.
C. Additional treatment necessary to improve national economic
development (standard of living).
1. On wet soils (except types 3 through 20 wetlands as described
in USDI Fish and Wildlife Circular 39).
a. Drainage field ditch or subsurface drain.
b. Land smoothing.
2. Apply supplemental irrigation water where available and practical,
3. Other cultural and management measures that contribute to
increasing net income such as fertilizing and liming for
optimim productions; and green chop forage.
4. Fee hunting.
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RESOURCE MANAGEMENT SYSTEMS
for
IRRIGATED CROPLAND
Definition - Land used primarily for the production of adapted cultivated
or close-growing crops for harvest alone or in association with sod
crops for which adequate irrigation water is available.
Suitable Soils - In general, suitable soils include those in capability
classes I through IV, under irrigation, and with certain intensive
treatments capability classes VI and VII.
Primary Resources - Soil, water, plants
Objectives -
A. Essential treatment to protect the resource base.
1. Practices that are essential to meet quality standards:
a. CONSERVATION CROPPING SYSTEM.
b. IRRIGATION WATER MANAGEMENT.
c. IRRIGATION SYSTEMS - DRIP, SPRINKLER OR SURFACE AND
SUBSURFACE.
2. Practices that may be essential to meet quality standards:
a. That will dispose of surface water runoff at nonerosive
velocities. (May include, but are not limited to, terrace,
diversion, grassed waterway or outlet, grade stabilization
structure.)
b. That will reduce soil movement by wind or water to within
tolerable limits established for each soil. (May include,
but are not limited to, terrace, diversion, contour farming,
strip cropping, crop residue managment, minimum tillage,
field windbreak, and subsurface drain.)
c. That will result in soil conditioning rating indices of
0.0 or above.
B. Additional treatment necessary to improve environmental quality.
1. Reduce soil loss to a level below the tolerable limit by more
intensive application of erosion control practices. (May
include, but are not limited to, combinations of terraces,
diversion, contour farming, stripcropping,crop residue management,
minimum tillage, field windbreak, and subsurface drain.)
2. Improve wildlife habitat with:
a. Field borders
b. Hedgerow planting
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c. Leave odd areas of grain for food patches near good
wildlife cover.
d. Leave crop residues standing on surface over winter.
e. Delay mowing or use of flushing bar in cover crops or
grassed waterways to reduce bird losses.
f. Include a greater diversity of crops in rotation.
g. Plant crops in narrow strips.
3. Use of proper amounts of fertilizer to reduce contamination of
surface waters.
4. Proper agricultural waste disposal.
C. Additional treatment necessary to improve national economic
development (standard of living.)
1. On wet soils (except types 3 through 20 wetlands are described
in USDI Fish and Wildlife Circular 39):
a. Drainage field ditch or subsurface drain.
b. Land smoothing.
2. Other cultural and management measures that contribute to
increasing net income such as fertilizing and liming for
optimum production and green chop forage.
3. Fee hunting.
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RESOURCE MANAGEMENT SYSTEMS
for
PASTURELAND
Definition - Land used primarily for the production of adapted domesti-
cated forage plants to be grazed by livestock. (Seed crops
harvested.)
Suitable Soils - In general, suitable soils are those in capability classes I
through VI and as shown with a pastureland suitability group designation.
Primary Resources - Soil, water, plants
Objectives -
A. Essential treatment to protect the resource base.
1. Practices that are essential to meet quality standards:
a. PASTURE MANAGEMENT
b. PASTURE PLANTING On land being converted to this use
or reseeded.
c. WELL, POND, or other adequate water supply.
2. Practices that may be essential to meet quality standards:
a. That will dispose of surface water runoff at noneorsive
velocities. (May include, but are not limited to, diversion,
grade stabilization structure.)
b. That will reduce soil movement by wind or water to within
tolerable limits established for each soil.
c. That will result in soil conditioning rating indices of
0.0 or above.
B. Additional treatment necessary to improve environmental quality.
1. Timing and placement of fertilizer application (or manure),
which results in a minimum contamination of surface and ground
water.
2. Rotation grazing.
3. Hedgerow planting.
4. Improve wildlife habitat -
a. Leave clumps of shade trees.
b. Fence water areas to exclude livestock.
c. Wildlife watering facility.
5. Proper agricultural waste disposal.
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C. Additional treatment necessary to improve national economic
development (standard of living.)
1. Fertilize for optimum growth.
2. Pasture planting - Where a change in species will increase
income.
3. Timely harvest for optimum feed value.
4. Apply supplemental irrigation water where available.
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RESOURCE MANAGEMENT SYSTEMS
for
NATIVE GRAZING LAND
Definition - Land used primarily for production of native forage plants
maintained or manipulated primarily through grazing management.
Includes rangeland and grazeable woodland.
Range!and-Land on which the native vegetation (climax or natural
potential plant community) is predominantly grasses,
grasslike plants, forbs, or shrubs suitable for grazing
or browsing use. Rangeland includes natural grassland,
savannas, many wetlands, some deserts, tundra, and certain
forb and shrub communities.
Grazable Woodland - Forest land that produces, at least periodically,
sufficient understory vegetation suitable for forage that
can be grazed without significantly impairing wood production
and other forest values.
Suitable Soils - All soils that have plant communities suitable for grazing,
mostly in land capability classes IV through VII.
Primary Resources - Soil, water plants
Objectives -
A. Essential treatment to protect the resource base.
1. Practices that are essential to meet quality standards:
a. PROPER GRAZING USE.
b. WELL, POND, SPRING DEVELOPMENT or other adequate water
supply.
2. Practices that may be essential to meet quality standards:
a. That will dispose of surface water runoff at nonerosive
velocities. (May include, but are not limited to, planned
grazing system, grade stabilization structure, water bars,
on access roads, diversion, brush management, range seeding.)
b. That will reduce soil movement by wind or water to within
tolerable limits established for each soil. (May include,
but are not limited to, planned grazing system, critical
area planting, debris basin, salting, firebreak, fencing,
range seeding, streambank protection.)
B. Additional treatment necessary to improve environmental quality.
1. Planned grazing system.
2. Reduce soil loss to a level below the tolerable limit by
more intensive application of erosion control practices. (These
may include, but are not limited to, fencing, range seeding,
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critical area planting, debris basin, and stream channel
stabilization.)
3. Improve wildlife food, water, and cover by habitat management.
(This may include brush management, tree planting, wildlife
watering facility, and stream corridor management.)
C. Additional treatment necessary to improve national economic
development (standard of living).
1. Access roads.
2. Brush management.
3. Stock trails or walkways.
4. Prescribed burning.
5. Develop water for livestock dispersal by adding pipelines and
troughs.
6. Range seeding.
7. Firebreaks.
8. Fertilization.
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RESOURCE MANAGEMENT SYSTEMS
for
WOODLAND
Definition - Land used primarily for the production of adapted wood crops
and to provide tree cover for watershed protection, beautification,
etc. Does not include farmstead and feedlot windbreaks or field
windbreaks.
Suitable Soils - A. All soils in woodland suitability groups.
B. For watershed protection - all soils types.
Primary Resources - Soil, water, plants
Objectives -
A. Essential treatment to protect the resource base.
1. Practices that may be required to protect the resource from
fire and grazing:
a. LIVESTOCK EXCLUSION. (Except grazable woodlands - then
refer to grazing guides in Section II and Resource Management
Systems for Native Grazing Land in Addition to the Woodland
Resource Management Systems.)
b. FIREBREAK
2. Practices that my be essential to meet quality standards.
a. That will dispose of surface water runoff at nonerosive
velocities. (May include, but are not limited to, diversion,
grade stabilization structure.)
b. That will reduce soil movement by wind or water to within
tolerable limits established for each soil. Tree planting
on land being converted to woodland from another use or
where stocking level is not adequate to protect the site.
Critical area planting is an alternate practice on eroding areas.
c. All harvesting and slash disposal will conform to the Oregon
Forest Practices Act.
B. Additional treatment necessary to improve environmental quality.
1. Woodland improved harvesting.
a. Utilized all material possible in the harvesting operation -
avoid leaving cull trees and excessive amount of slash.
b. Where consistent with good silviculture, perform light
harvest cuttings which leave the forest intact.
c. Protect desirable uncut trees, seedlings, and shrubs by
careful felling, skidding, and hauling practices.
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d. Clean up all unsightly refuse, tin cans, and discarded
equipment.
e. Create openings for wildlife.
f. Leave two or three den trees per acre and three or four
mast trees per acre.
2. Woodland improvement.
a. Enhance aesthetic qualities of the landscape by developing
vistas and emphasizing topographic features.
b. Cut up slash and severely damaged trees so they lie close
to the ground.
c. Seed edges of roads and trails to plants beneficial to
woodland wildlife.
3. Access roads.
Protect the site against erosion by proper logging procedures
including well planned skid and haul road layout, and
adequate water drainage facilities.
C. Additional treatment necessary to improve national economic development
^standard of living.)
Take advantage of opportunities to provide fee hunting. This may
necessitate provision of additional access roads and trails.
1. Woodland improved harvesting
2. Woodland improvement
3. Woodland pruning
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RESOURCE MANAGEMENT SYSTEMS
for
URBANIZING LAND
Definition - Land used or being developed for residence, commerce,
industry and community services.
Suitable soils - Refer to the soil survey interpretation sheets in
Section II of this Technical Guide for suitable soils for specific
uses and facilities.
Primary Resources - Soil, water
Objectives -
A. Essential treatment to protect the resource base.
1. Practices to protect human life and maintain environmental
quality.
a. Flood prevention measures that will prevent or reduce
damages from flooding to a one-percent chance. Measures
may be structural, nonstructural or any combination thereof.
b. Land Grading-Urban Areas-Including auxiliary practices
for safe disposal of runoff water and subsurface drains.
c. CRITICAL AREA PLANTING
d. Approved water supply.
e. Approved sewage and waste disposal systems.
2. Practices that may be essential to meet quality standards:
a. That will dispose of surface water runoff at nonerosive
velocities. (May include, but are not limited to, diversion,
grassed waterway or outlet, grade stabilization structure, debris
basin.)
b. That will reduce soil movement by wind or water to within
tolerable limits established for each soil. (May include,
but are not limited to, diversion, mulching, heavy use
area protection.)
B. Additional treatment necessary to improve environmental quality.
1. Environmental planting.
2. Preserve natural vegetation when and where possible.
3. Site selected in accordance with comprehensive plan to
provide for compatible adjacent areas.
4. Adequate parks and open space.
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C. Additional treatment necessary to improve national economic
development (standard of living).
Planned unit development in accordance with comprehensive plan
and local subdivision regulations.
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STREAM MANAGEMENT SYSTEMS
for
STREAMS and RIVERS
Definition - Any waterway that carries natural runoff either continuously
or intermittently.
Suitable Soils - Not applicable.
Primary Resources - Soil, water
Objectives -
A. Essential treatment to protect the resource base.
Land use and treatment to control erosion, sedimentation
and pollution (Refer to appropriate Resource Management
Systems Sections III-A through III-M).
B. Additional treatment necessary to improve environmental quality.
1. Streambank protection.
2. Stream channel stabilization.
3. Grade stabilization structure.
4. Clearing and snagging.
5. Fish stream improvement.
C. Additional treatment necessary to improve national economic
development (standard of living).
1. Establishment of facilities to attract and accomodate paying
recreationists including fishing access fees.
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WASTE MANAGEMENT SYSTEMS
for
WASTE UTILIZATION AND DISPOSAL
Definition - Use and disposal of wastes without adversely affecting soil,
water or related resources.
Suitable Soils - Refer to soil interpretation sheets in Section II of
this Technical Guide.
Primary Resources - Soil, water
Objectives -
A. Essential treatment to protect the resource base and improve
environmental quality.
1. AGRICULTURAL WASTE MANAGEMENT SYSTEM. (May need AGRICULTURAL
WASTE STORAGE FACILITY and/or DISPOSAL LAGOON.)
2. Solid Waste Disposal System (must meet state and local regula-
tions). Practices needed may include, but are not limited to,
diversion, grassed waterway, subsurface drain, critical area
planting. (When no longer used as disposal area, refer to
Sections III-A through III-J for essential practices for new
land use.)
3. Sewage Disposal System (must meet state and local regulations).
a. Subsurface - Sewage sludge (same as 2 above).
b. Surface - Sewage sludge and effluent.
1) Dry - spread and incorporate in same manner as animal
waste.
2) Wet - spread and incorporate in same manner as animal
waste. Also refer to Irrigated Cropland, Irrigated
Pastureland, and Irrigated Hayland Resource Manage-
ment Systems.
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APPENDIX 1-3A
EXAMPLES OF SOIL CONSERVATION SERVICE
NATIONAL PRACTICE STANDARDS
Critical Area Planting
Debris Basin
Planning Grazing Systems
Terrace, Gradient
Tree Planting
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SOIL CONSERVATION SERVICE
CRITICAL AREA PLANTING (Ac.)
De finition
Planting vegetation such as trees, shrubs, vines, grasses, or
legumes on critical areas. (Does not include tree planting
mainly for wood products.)
Purpose
To stabilize the soil; reduce damage from sediment and runoff to
downstream areas; improve wildlife habitat; and enhance natural
beauty.
Where applicable
On sediment-producing, highly erodible or severely eroded areas,
such as dams, dikes, mine spoil, levees, cuts, fills, surface-
mined areas, and denuded or gullied areas where vegetation is
difficult to establish with usual seeding or planting methods.
Specifications Guide
Species of grasses, legumes, shrubs, and trees; rates of seeding
or planting; fertilizer and lime requirements; planting site
preparation; time of planting; mulching; and irrigation.
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SOIL CONSERVATION SERVICE
DEBRIS BASIN (No.)
Definition
A barrier or dam constructed across a waterway or at other suitable
locations to form a silt or sediment basin.
Purpose
To preserve the capacity of reservoirs, ditches, canals, diversions,
waterways, and streams; to prevent undesirable deposition on bottom-
lands and developed areas; to trap sediment originating from construc-
tion sites; and to reduce or abate pollution by providing basins for
deposition and storage of silt, sand, gravel, stone, agricultural
wastes, and other detritus.
Conditions Where Practice Applies
This practice applies where physical conditions or land ownership pre-
clude the treatment of the sediment source by the installation of ero-
sion control measures to keep soil and other material in place, or a
debris basin offers the most practical solution to the problem.
Specifications Guide
Specifications shall be in keeping with this standard and shall des-
cribe the requirements for proper installation of the practice to
achieve its intended purpose. Refer to National Engineering Hand-
book, Section 2.
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SOIL CONSERVATION SERVICE
PLANNED GRAZING SYSTEMS (Ac.)
Definition
A system in which two or more grazing units are alternately rested
from grazing in a planned sequence over a period of years, and the
rest period may be throughout the year or during the growing season
of the key plants.
Purpose
(l) To maintain or speed up improvement in plant cover while properly
using the forage on all grazing units; (2) to improve efficiency of
grazing by uniformly using all parts of each grazing units; (3) to
insure a supply of forage throughout the grazing season; (U) for
watershed protection; and (5) to enhance wildlife habitat.
Where Applicable
On all rangeland, native pasture, grazable woodland, and grazed
wildlife land.
Planning Considerations
(l) The specific grazing system to choose depends on size, number of
grazing units, climate, range sites or other soil grouping and con-
ditions, kinds of grazing animals and the operator's objectives;
(2) each system must be tailored to help meet the operator's
objectives; (3) each system must be able to be applied practically
and flexible enough to meet the needs of key plants in relation to
climatic fluctuations while providing forage chroughout the grazing
season; (U) fences and watering facilities must be carefully considered
in terms of adequacy and costs in relation to the benefits expected
from the total system; and (5) special provisions for prolonged drought
or other unusual circumstances should be included.
Specifications Guide
For each type of system recognized locally (l) the number and size
of grazing units; (2) the schedule and frequency of rest from grazing
for each unit; and (3) how much use is planned on each unit grazed.
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SOIL CONSERVATION SERVICE
TERRACE, GRADIENT (Ft.)
Definition
An earth embankment or a ridge and channel constructed across the
slope at a suitable spacing and with an acceptable grade.
This standard covers the planning and design of gradient terraces.
It does not apply to diversions.
Purpose
Gradient terraces are constructed to reduce erosion damage and
pollution by intercepting surface runoff and conducting it to a
stable outlet at a nonerosive velocity.
Conditions Where Practice Applies
Gradient terraces normally are limited to cropland having a water
erosion problem. They shall not be constructed on deep sands or on
soils that are too stony, steep, or shallow to permit practical and
economical installation and maintenance. The topography must be
such that famiable terraces can be constructed. Gradient terraces
may be used only where suitable outlets are or will be made avail-
able.
Specifications Guide
Specifications shall be in keeping with this standard and shall des-
cribe the requirements for proper installation of the practice to
achieve its intended purpose. Refer to National Engineering Hand-
book, Section 2.
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SOIL CONSERVATION SERVICE
TREE PLANTING (Ac.)
Definition
Planting tree seedlings or cuttings.
Purpose
To establish or reinforce a stand of trees to conserve soil and
moisture; beautify an area; protect a watershed; or produce wood
crops.
Where applicable
In open fields, in understocked woodland, beneath less desirable
tree species, or on other areas suitable for producing wood crops;
where erosion control or watershed protection is needed; where
greater natural beauty is wanted; or where a combination of these
is desired.
Specifications Guide
Adapted tree species for the purposes outlined; site preparation;
spacing; planting methods; cultural practices and maintenance re-
quirements that are applicable; and the variations in methods,
species, etc., between interplanting, underplanting, and planting
in open areas. Specifications can be developed separately for
each of these planting methods.
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APPENDIX 1-3B
EXAMPLES OF TECHNICAL STANDARDS AND SPECIFICATIONS
Critical Area Planting
Contour Farming
Debris Basin
Conservation Cropping System
Disposal Lagoon
Source: Soil Conservation Service
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TECHNICAL STANDARDS AND SPECIFICATIONS
FOR
CRITICAL AREA PLANTING
(SURFACE MINE SPOIL)
STANDARD
Definition;
Planting vegetation such as trees, shrubs, vines, grasses, or legumes on
surface mine spoil areas.
Purpose;
To stabilize such areas so as to reduce damages from erosion, sediment
and runoff5 to improve such areas as cuts and fill slopes for safety,
beautification and wildlife habitat? to restore such areas to other
land uses as appropriate.
Where Applicable;
On spoil and disturbed areas resulting from surface mining operations.
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2.
PLANNING CONSIDERATIONS
These reclaimed areas should be made compatible and complementary to
areas adjacent to these lands. Finding suitable soil that will
support plant growth may be difficult on these areas. Topsoiling may
not be required if suitable soil material can be brought to the
surface by regrading and shaping.
Critical conditions for reclamation generally exist on land which
has been mined without benefit of prior reclamation planning. The
objective in vegetating surface mine spoil should be to stabilize the
area with permanent, protective, and productive vegetative cover as
quickly as possible.
SPECIFICATIONS
A. Site Treatment and Preparation
New Mines - Conduct surface mining operations in a manner so that
the soil resource can be recovered, conserved, and utilized.
Reclamation of Existing Mines - Conduct shaping, smoothing, and
other neccessary operations which will permit the use of conven-
tional equipment to establish and maintain vegetation.
1. New Mines
Remove and stockpile the topsoil or other upper suitable soil
material prior to beginning the mining operation. Reshape the
area mined and spread topsoil back over the area. Enough soil
material will be restored to assure satisfactory plant establish-
ment, usually a minimum of 6 inches or the equivalent of the
original topsoil material.
Existing Mines
There may not be any existing topsoil left on existing mines.
Topsoiling under the conditions outlined above may not be
possible. If topsoiling is not possible, then begin site
treatment and preparation as outlined in item 2.
2. Grade and shape the area to permit the use of conventional
equipment for seedbed preparation, fertilizing, seeding, mulching,
and maintenance. Consideration should be given to leaving water
areas for recreation or for wildlife enhancement where applicable
and desired.
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3. All high walls, spoil piles and banks will be shaped to
4«1 slopes or slopes of lesser grade.
4. Toxic soil material that will interfere with plant growth will
be handled according to Water Quality Board regulations. Toxic
soil material placed at a depth greater than 3 feet and covered
with suitable soil material generally does not interfere with
plant growth.
5. Use necessary soil ammendraents which will permit establishment
of desired plants; i.e., lime, gypsum, etc.
6. Dams, retention reservoirs, diversions, terraces, etc., will
be used to control runoff or excess water. These will meet
SCS specifications and will be installed in accordance with
a developed plan.
B. Temporary Vegetation - Use on any bare or denuded areas which may be
subject to erosion for 6 months or more prior to the establishment of
a finished grade and permanent vegetation. The temporary vegetation
establishment will be coordinated with the permanent erosion control
measures planned to assure compatible, economical and effective plant
establishment arid erosion control.
1. Seedbed Preparation
a. If the soil material is firm but not compacted and smooth
enough for planting, and has not been sealed by rainfall, no
seedbed preparation may be required. If soil is loose, it
will be made firm by a cultipacker or suitable equipment.
b. When the soil has been sealed by rainfall or compacted by
heavy equipment, the area will be chisel plowed to a minimum
depth of 4 inches followed with a tandem disk and cultipacker
to smooth and firm.
c. Apply fertilizer and soil ammendments as required. Secure soil
test when possible, otherwise use appropriate Field Office
Technical Guides fort Fertilizer, Liming, Toxic Salt Reduction.
2. Planting Methods
a. Seed will be planted by an appropriate drill, cyclone seeder
or hand.
b. The areas will be firmed with a cultipacker, roller or drag
following seeding.
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4.
Lime and Fertilizer
a. Use a current soil test or standards and specification for
fertilizer, liming, or soil amendments as found in the Field
Office Technical Guides.
b. On reasonably fertile soils or soil material, no fertilizer
is required.
c. On soils with low fertility, apply fertilizer according to a
soil analysis or Field Office Technical Guide. Apply just
prior to the tandem disking specified under seedbed preparation.
If seedbed preparation is not required, apply fertilizer just
prior to the planting operation.
4. Species, Seeding Rates and Dates
Species Planting Depth Planting Rate Planting Date
Oats 1 - 2 in. 4 bu/ac 9/1 - H/30
Rye (Cereal) 1 - 2 in. 2 bu/ac 9/1 - H/30
Gulf Coast ryegrass 1/4 - 3/4 in. 24 Ibs/ac 9/1 - H/30
Millet (German) 1 - 2 in. 40 Ibs/ac 4/1 - 6/15
Sudan (Common) 1 - 2 in. 30 Ibs/ac 4/1 - 8/31
Arrowleaf clover 1/2 - 3/4 in. 20 Ibs/ac 9/15 - 10/31
Vetch 1/2 - 3/4 in. 40 Ibs/ac 9/15 - 10/31
Singletary peas 1/2 - 3/4 in. ?0 Ibs/ac 9/15 - 10/31
A variation of 25 percent above or below the specified planting rates is
allowable. For planning purposes 100 percent of the recommended rate
will be used. Where a mixture is used, reduce seeding rates proportionally.
Innoculate all legumes planted with the proper innoculant.
C. Permanent Vegetation
1. Seedbed Preparation - All plantings will be made on a well
prepared firm seedbed free of competing vegetation. Where
feasible all operations will be done on the approximate contour.
This will require one or more of the following operations«
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a. Break with a moldboard plow, offset disk, or disk breaking
plow and disk with a tandem disk, double cut by making two
passes over the area, followed with a cultipacker, roller or
other suitable equipment to provide a firm seedbed.
Or
b. Disk with a weighted tandem disk to a depth of 3 to 4 inches,
double cut by making two passes over the area with the disk,
followed with a cultipacker, roller or other suitable equip-
ment to provide a firm seedbed.
Or
c. Chisel plow to a minimum depth of ^ inches and disk with a
weighted tandem disk to a depth of 3 to 4 inches and double
cut by making two passes over the area, followed with a
cultipacker, roller or other suitable equipment to provide
a firm seedbed.
Or
d. Use a heavy disk type plow. Follow this with a tandem disk
to smooth the area. Use a cultipacker, roller or other
suitable equipment to provide a firm seedbed.
2. Planting Methods
a. For Seeded Grasses or Legumes
(l) Seed will be drilled on the approximate contour into a
firm seedbed. A grass seed drill equipped with depth
control bands will be used. The seed will be distributed
over the entire area at a uniform rate. The area will be
firmed immediately following seeding with a cultipacker,
roller or similar equipment if the grass drill is not
equipped with a press wheel.
Or
(2) Seed with a grain drill with a small seed attachment into
a firm seedbed. Care should be taken with this method not
to get the seed planted too deep. After planting, firm
seedbed with a cultipacker, roller or similar equipment.
Or
(3) Seed will be broadcast with a cyclone type seeder over
the entire area at a uniform rate. This method is adapted
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6.
to small areas. The area will be firmed immediately
before and following seeding with a cultipacker, roller
or similar equipment.
b. For Sprigged Grasses
(l) Sprigs will be planted uniformly with a sprig planter
2 to 3 inches deep. The distance between rows will not
exceed 20 inches.
(g) A manure spreader or other suitable equipment may be
used to plant sprigs uniformly. Immediately following
distribution the sprigs will be covered with a disk to a
depth of 2 to 3 inches and the planting will be smoothly
finished and compacted with a cultipacker.
(3) Small, irregular or odd areas inaccessible to sprig
planter may be planted and covered by hand.
3. Species. Seeding Rates and Dates
a. Grasses I/ Seeding Rate
Adapted Plants Planting Depth Per Acre Seeding Date
Bermuda seed 1/4 - 1/2 in. 4.6 Ibs. (PLS) 3/15 - 5/15
Bermuda sprigs 2/ 1 - 3 in. 2k bu/ac 1/15 - 5/31 _?_/
Weeping lovegrass 1/2 - 3/4 in. 4 Ibs. (PLS) 3/1 - 5/31
Native bluestem mixture 1/2 - 3/4 in. 6.8 Ibs. (PLS) 2/1 - 5/15
King Ranch bluestem 1/2 - 3/4 in. 2.4 Ibs. (PLS) 2/1 - 5/15
Pensacola bahiagrass 1/2 - 3/4 in. 30 Ibs. (PLS) 10/1 - 5/15
I/ A variation of 25 percent above or below the optimum seeding rate
is allowed. For planning purposes the rates as shown will be used.
2/ On critical areas where shaping is involved and concentrations of
outside or excess water cannot be cut out during establishment, or
where slope and soils are a special problem, 48 bushels of sprigs
may be used.
_2/ Sprigs must be from dormant plants on early winter sprigging.
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7.
b. Legumes
Seeding Rate
Adapted Plants Planting Depth Per Acre Seeding Date
Crimson clover 4/ 1/2 - 3/4 in. 20 Ibs/ac 4/15 - 6/1
Arrowleaf clover 4/ 1/2 - 3/4 in. 6 Ibs/ac 4/15 - 6/1
Sericea lespedeza 1/2 - 3/4 in. 40 Ibs/ac 4/15 - 6/1
Ball clover 4/ 1/2 - 3/4 in. 3 Ibs/ac 9/15 - 10/31
Vetch . 4/ 1/2 - 3/4 in. 15 Ibs/ac 9/15 - 10/3,1
Singletary peas 4/ i/2 - 3A in- 25 Ibs/ac 9/15 - 10/31
c. Spacing between rows of woody plants will be as follows»
(l) Between two rows of low growing shrubs 6-8 ft.
(2) Between two rows of tall growing shrubs 8-12 ft.
(3) Between a row of low growing shrubs and tall
growing shrubs 8-12 ft.
(4) Between a row of low growing shrubs and a
row of trees 10-16 ft.
(5) Between a row of tall shrubs and a row of
trees 15-20 ft.
(6) Between two rows of trees 10-20 ft.
d. Trees should be planted in a multiple row planting with one
or more rows of shrubs. Shrubs should be included in each
mott planting.
e. Woody plantings for wildlife cover must be established in
conjunction with grass, preferably a bunch grass selected
from Section 3(a)• Woody plantings for rural beautification
may be established with either bunch or sod grasses.
4/ Will be used only where a mixture of grass and a legume is
desired. The approved grasses may be overseeded with one of the
legumes listed.
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8.
f. Woody plantings for wildlife cover may be planted on the
entire area, in scattered motts or large areas, or in border
plantings. This should be determined by the size of the area,
type of vegetation surrounding the area and need for woody
plants to enhance wildlife habitat.
^. Selection of Plants to be Used
a. Where the area is to be grazed after establishment, with an
adjoining unit, the grass or grasses selected should be the
same as, or have approximately the same palatability and
season of use as, those already present on the adjoining
unit.
b. Where the area will be used principally for wildlife after
establishment, plant species should be selected which will
control erosion and have a high value as either/or wildlife food
and cover. Shrub and tree plantings should be included with
grass plantings where woody type wildlife cover is deficient.
c. Where rural beautification is one of the major considerations
in treating a critical area, woody plants should be selected
which will add variety to the scenery and beauty to the general
area. This will normally be a multiple row planting of shrubs
and trees, with selection based on flowering characteristics,
growth form desired, evergreen plants, etc., which will
enhance the appearance of the area.
5« Fertilizer - Fertilizers applied on critical areas in range or
wildlife lands should be fenced as a separate unit or pastures
deferred until the critical areas are established. Fertilizers
will be applied in accordance with a current soil test or in
accordance with the specifications for Fertilizing, Field Office
Technical Guide, Section IV.
a. Barnyard manure or chicken litter may be used for fertiliza-
tion when the equivalent plant nutrients in the material used
equal the fertilizer requirements as specified above. See
specifications for Fertilizer in Field Office Technical Guide.
6. Management of Vegetation
a. Weed Control - Control weeds by mechanical or chemical control
methods. Weed control by mowing will be done in such a manner
that it will control the weeds but will not damage the planned
vegetation. Where litter from mowed weeds is dense enough to
kill grass, it will be removed. See specifications for Weed
Control in Field Office Technical Guide.
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9.
b. Protect from fire and vehicle traffic.
c. Frequent inspections should be made for adequate stand during
establishment and at least annually for maintenance.
d. Where protection is needed during the establishment period,
temporary fences will be used. No grazing will be allowed
during the establishment period.
?. Water Control
a. Where feasible, divert runoff water from critical area until
vegetation is established.
b;. Diversion terraces, grade stabilization structures, and other
practices planned as part of Critical Area Planting must be
installed in accordance with the Field Office Technical Guides
for these practices.
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CONTOUR FARMING (AC.)
Definition
Farming sloping cultivated land in such a way that plowing, preparing
land, planting and cultivating are done on the contour. (This
includes following established grades of terraces or diversions. Do not
report on same area where contour stripcropping is reported.)
Purpose
To reduce erosion and control water.
Where Applicable
On sloping cropland and on recreation and wildlife land where other
cultural and management practices in the cropping system do not control
soil and water loss.
Specifications
1. Where either terraces or diversions exist, they will be used as
guides for tillage operations.
2. When the above practices do not exist, guidelines shall be laid out
as nearly on the contour as feasible. Row grades shall not deviate
from the actual contour more than 2 percent for distance of 150 feet
in any direcxion. Deviations shall be used for only smoothing out
curves which cross draws and ridges.
3. Perform all major tilling, planting, and cultivating within the
above guides.
4. Guidelines shall be spaced so that cultural operations can be
carried out without exceeding the above specifications.
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Desirable Measures for Contouring
1. To facilitate more efficient use of equipment, terraces,
diversions, and contour guidelines should be laid out parallel
when possible.
2. Correction areas should be planted and maintained in sod.
3. Field roads should be planned and built where they will be
least likely to receive and convey runoff water.
(END)
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ENGINEERING STANDARD
DEBRIS BASIN
Definitiom
A barrier or dam constructed across a water way or at other suitable
locations to form a silt or sediment basin.
Purpose;
To preserve the capacity of reservoirs, ditches, canals, diversions,
waterways, and streams; to prevent undesirable deposition on bottomlands
and developed areas; to trap sediment originating from construction
sites; and to reduce or abate pollution by providing basins for deposi-
tion and storage of silt, sand, gravel, stone, agricultural wastes, and
other detritus.
Conditions Where Practice Appliesi
This practice applies where physical conditions or land ownership pre-
clude the treatment of the sediment source by the installation of
erosion control measures to keep soil and other material in place,
or a debris basin offers the most practical solution to the problem.
Design Criteria:
The capacity of a debris basin shall equal the volume of sediment expected
to be trapped at the site during the planned useful life of the structures
or improvements it is designed to protect. The minimum capacity shall be
for a ten year period at the rate of 0.01 inch per year per acre of
drainage area. Construction area minimum storage capacity should be on a
two year period. Where it is determined that periodic removal of debris
will be practicable, the capacity may be proportionately reduced.
The design of dams, spillways and drainage facilities shall be in accordance
with the standards of Ponds, Grade Stabilization Structures or Engineering
Memorandum No. 2?, as appropriate for the class and kind of structure being
considered. Less conservative requirements may be used for small, temporary
basins, that will be in place only during a short development or construc-
tion period.
In urban and built-up areas, means of draining and maintaining a dry pool
between periods of use shall be incorporated in the design and plans.
Safety measures to protect the public from the hazards of soft sediment
and floodwater are to be established as conditions dictate.
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CONSTRUCTION SPECIFICATION
FOR
DEBRIS BASIN
Scope. All plans and specifications will be in keeping with the standard
for debris basin and shall describe the work and requirements for proper
installation of the sediment basin.
Construction operations shall be carried out in such a manner that erosion,
air, water and noise pollution will be minimized and held within legal
limits as established by State regulations.
Completed jobs shall present a workmanlike finish and be pleasing to the
eye.
Construction. The debris basin shall be constructed to achieve its
intended purpose. Construction of structures within the scope of
Engineering Memorandum 2? shall be in accord with the Guide Specifications
contained in the specifications for contracts, SCS South.
Structures below the scope of Engineering Memorandum 2? shall be applied
under construction specifications applicable to Pond, Code 378 or have
specifications prepared by the Area Engineer and approved by the State
Conservation Engineer.
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CONSERVATION CROPPING SYSTEM (AC.)
Definition
Growing crops in combination with needed cultural and management
measures. Cropping systems include rotations that contain grasses
and legumes as well as rotations in which the desired benefits
are achieved without the use of such crops.
Purpose
To improve or maintain good physical conditions of the soil; protect
the soil during periods when erosion usually occurs; help control
weeds, insects, and diseases; and meet the need and desire of
farmers for an economic return.
Where Applicable
On all cropland and on certain recreation and wildlife land.
Specifications
1. Alternative minimum crop sequences and treatments, by Class
and Sub-class, will conform to the following:
a. Glass I and Sub-classes IIw, Us. and IIIw
(l) Continuous row cropping with the crop residue returned.
(2) Continuous row cropping with crop residue removed
and cover crop grown and used for green manure.
(3) Continuous double cropping with residue from one
crop returned.
b. Sub-class Ills with slopes 2 percent or less and Sub-class IVw
(l) Continuous row cropping with crop residue returned.
(2) Continuous row cropping with crop residue removed and
cover crop grown and used for green manure.
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2.
c. All "e" Sub-class soils and "s" Sub-classes with more than
2 percent slopes
To determine crop sequences and treatment measures, use
the Universal Soil Loss Equation, Section III. The planned
system shall not exceed by more than 25 percent the tolerance
established for the dominant soil in the field.
2. Grassed waterways or outlets will be essential on all "e" Sub-
class soils in water concentration areas. Waterways are desirable
when minimum tillage is used.
3. Follow specifications in 310 - Pasture and Hayland Planting,
when establishing grassland crops that are part of the conservation
cropping system, they shall meet the following requirements.
a. Use adapted crops such as vetches, winter peas, clovers,
small grains and annual grasses. Quick growing perennials
such as tall fescue, orchardgrass and weeping lovegrass may
be used. Do not use slow growing plants such as sericea
and bahiagrass.
b. Apply fertilizer and lime according to soil test or use field
rates as shown in Plant Guide.
c. Plant on a properly prepared seedbed. See Plant Guide for
type of seedbed that is needed for the plant(s) used.
d. Use field seeding rates and plant during the time recommended
in the Plant Guide.
e. When plants have served their usefulness as a cover crop,
they shall be incorporated into the soil, partly incorporated
into it, or retained on the soil surface.
(END)
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ENGINEERING STANDARD
DISPOSAL LAGOON
Definition
An impoundment made by constructing an excavated pit, dam, embankment,
dike, levee, or combination of these for biological treatment of
organic waste. (This standard does not include holding ponds and
tanks.)
This standard establishes the minimum acceptable quality for design
and construction of anaerobic and aerobic disposal lagoons located in
predominantly rural or agricultural areas. Design of aerobic disposal
lagoons will be under the direction of the State Conservation Engineer.
Purpose
Lagoons are constructed to biologically decompose organic animal waste
by action of aerobic or anerobic bacteria.
Condition Where Practice Applies
General
This practice applies where there is need for facilities to process
concentrated organic waste, reduce sources of pollution, minimize
health hazards, and improve the local environment. These facilities
are not intended for disposal of animal carcasses.
State Law
Alabama laws, rules and regulations established by the Alabama Health
Department and Water Improvement Commission, and local regulations
governing use of disposal lagoons will be strictly adhered to. The
land user will be responsible for securing necessary permits. If dis-
charge is being considered, the Water Improvement Commission should be
consulted at an early stage.
Design Criteria
Disposal lagoons are of three types depending on the type of bacterial
action that takes place—anaerobic, aerobic, or facultative (a
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2.
combination of the first two). Anaerobic lagoons often produce strong
odors, though many of them produce very little noticeable odor. Aerobic
lagoons are generally expected to be odorless, though overloading or slug
loading usually can be expected to produce bad odors. Anaerobic lagoons
require smaller area per animal and for this reason are usually favored
for treatment of animal waste.
Aerobic lagoons normally do a more complete job of stabilizing oxygen
demand of the waste than do the anaerobic lagoons. However, even a
system of one lagoon of each type in series, properly designed, can-
not be expected to produce an effluent with much better quality than
fresh domestic sewage. Thus, the most desirable thing to do with any
lagoon effluent is to put it on the land.
Lagoons must be designed as a part of a total waste disposal system.
Provision must be made by management to prevent overflow into water
courses. Where overflow is planned, multiple stage treatment must be
provided to bring the effluent to an acceptable quality for discharge,
and discharge must first be approved by the appropriate authorities.
All designs for anaerobic disposal lagoons must be approved by the
area engineer. All aerobic lagoon designs will be made by an
engineer, and final approval will be made by the State Conservation
Engineer, except those used to contain overflow from an anaerobic
lagoon.
Location
The site should be located adjacent to or near the source of waste.
When possible, it is desirable to locate the lagoon first and then
position the buildings. It should be as far from inhabited homes as
practical with a recommended minimum distance of 300 feet. Summer
prevailing winds should be considered so the lagoon may be located to
prevent odors from being carried toward the residential locations.
The lagoon must be located so that runoff from outside the animal waste
area does not enter the lagoon. When outside runoff from an area is
not excluded, capacity must be increased to contain the total annual
runoff from the area. The lagoon must be a minimum of 150 feet away
and downhill from wells used for domestic water supply. It is desir-
able to have the lagoon 500 feet or more away from the water supply.
The lagoon should be located to permit gravity drainage of waste to
the lagoon.
Soil and Foundation
Site soil characteristics will be investigated by borings at a repre-
sentative number of points over the area. The investigation will be
made well below the planned lagoon bottom. The lagoon bottom should
be watertight.
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3.
Lagoons must be in impervious soils or soils suitable for sealing.
Sites in very sandy soils or in shallow soils overlying fractured
rock or cavernous limestone must be avoided to prevent contamination
of ground-water. Soils in regions where fractured limestone exists
must be sealed with at least 24 inches of compacted clay material before
using the lagoon. Sandy soil will be treated with 12 inches of compacted
clay material, an approved liner or a combination of these.
Water Supply
Sufficient water supply must be available to fill the lagoon half
full before loading and to maintain it after operation starts.
The shape of the lagoon should be uniform and essentially square or
rectangular. If it is rectangular, the long side should not be more
than three times the length of the short side. The lagoon bottom must
be approximately level to prevent formation of septic pockets.
The minimum average depth of liquid storage space will be six feet
with an additional two feet of freeboard above the maximum waterline.
Greater depth of liquid storage will improve lagoon efficiency, reduce
maintenance and removal of accumulated sludge.
Dike or Embankment
Top width - The minimum top width is eight feet to allow for equipment
travel. Side slopes - Steep bank slopes below waterline discourage
weed growth.
Side slopes inside the lagoon will be no steeper than 111 in GH CL and MH
soil and 2:1 on all other soils. When required to facilitate construc-
tion, a ramp may be used or one end may be flattened.
Flat bank slopes above the waterline make mowing and maintenance easier.
Use minimum 2|-:1 side slopes on dikes and/or fills outside the designed
water surface.
Dikes or fills must be thoroughly compacted and constructed in such a
manner as to provide a watertight structure.
Allowance for Settlement
The designed height of the embankment shall be increased by the amount
needed to insure that the design top elevation will be maintained after
settlement has taken place. This increase shall not be less than 5
percent.
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Size
Refer to Appendix A for sizing lagoon.
Inlet Pipe
Vitrified clay sewer (bell joints), cast iron pipe, or weather resis-
tant PVG or ABS plastic pipe having a minimum diameter of six inches
will be used as an inlet pipe and be laid on a minimum grade of one
foot per 100 feet. When animal waste is pumped, the pipe diameter may
be reduced to not less than three inches. The inlet pipe must be well
supported and extend well beyond the slope toe and preferably to near
the center of the lagoon. The pipe should be laid above the designed
water surface except for plastic pipe. It is recommended that PVG and
ABS plastic pipe be covered a minimum of six inches with either water
or soil to extend its expected life. Enough wye fittings should be
placed in the line to facilitate easy cleanout.
Support posts will be set to a minimum depth of three feet below the
ground in concrete. Post hole diameter must be 2% times the post
diameter for a durable post installation.
Inlet Ramps
When pipe inlets are not feasible or practical, concrete or treated
wood ramps can be used to transmit waste into the lagoon. These shall
be installed in accordance with the design prepared for each site.
Available standard ramp designs may be used.
Overflow Outlet
Discharge from the overflowing lagoon will be piped to a second lagoon,
a holding pond, a tile disposal field, a diversion, or irrigated to the
land for disposal. In no case shall a one-cell (stage) lagoon be dis-
charged directly into a stream. The overflow pipe must be installed so
that water is discharged from a minimum of six inches below the surface
when the design water level is reached. An elbow, turn down, or tee
section on the inlet to the overflow pipe may be used for this purpose.
It is to be vented, located away from the corners, where accumulation
of floating material is the heaviest.
Materials
All pipes, pipe fittings, and appurtenances used will be inspected by
the SCS technician and a determination made as to whether the material
meets applicable reference specifications. Materials should be new
and meet the requirements of the reference specifications for the type
of material used as follows:
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-------
5.
a. Cast iron pipes and fittings - ASTM A-3?7
b. Vitrified clay - ASTM C-425
c. Structural timber and lumber - ASTM D-2^5
d. Plastic pipe and fittings (PVC) ASTM D-2241, 2464,
or 2468
e. Plastic pipe and fittings (ABS) ASTM D-2282, 2465,
or 2469
Materials evaluated and found to not meet the requirements of the
specifications or otherwise found not suitable for the use intended,
shall not be used.
Protection
The lagoon is to be fenced to keep out unauthorized persons and
livestock. Warning signs should be posted and the gate kept locked.
The fence will be designed and located to facilitate removal of
sludge, mowing and maintenance of the structure,
Vegetation
Suitable vegetation must be established on the embankment and surrounding
areas to protect them from erosion. A vegetative plan or written
recommendation for vegetative treatment will be made for all disturbed
areas.
Plans
Plans for a lagoon must show pertinent features such as dimensions,
location, and details of inlet and outlet structures. They should be
accompanied by an engineering report fully discussing the proposed
project, particularly soil conditions and factors (SCS-ENG-538)
influencing aesthetic conditions. Specifications must cover all
materials, equipment, and methods of construction.
Lagoon Management
The following are considerations in managing a lagoont
a. Fill the new lagoon with surface or roof runoff or with
well water.
b. A lagoon functions best if waste is added daily. If daily
loading is impractical, load as often as possible. Large
loadings at irregular intervals can cause a lagoon to
malfunction.
c. The manure must not contain bedding. Bedding can plug
sewer lines and is slow to decompose.
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6.
d. Maintain water at the designed level for good bacterial
action. Solids must be covered with water at all times.
e. The lagoon will accumulate sludge because anaerobic
digestion is not complete. Periodic sludge removal
will be required to restore lagoon to its designed
volume. It is best to remove at least some sludge
every year.
f. Sludge can be removed by pumping from bottom of lagoon
with liquid manure equipment and then field spreading.
The lagoon also can be taken out of operation, pumped
empty, allowed to dry, and the sludge removed mechanically.
This method requires a recovery period before the lagoon
returns to normal bacterial activity. Sludge may be
pumped into an irrigation system. Special sprinklers are
available for handing sludge.
g. Mosquito breeding can be controlled by adding diesel
fuel or larvacide.
h. If lagoon water does not evaporate fast enough to prevent
overflow of dike, another lagoon should be added. A
series of lagoons may be designed to produce a treated
waste safe for discharge into a stream if established water
quality standards permit.
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CONSTRUCTION SPECIFICATION
FOR
DISPOSAL LAGOON
Scope. This item shall consist of the clearing, excavation, backfill,
concrete, and other appurtenances required for the construction of a
disposal lagoon and the disposal of all cleared and excavated materials.
Construction shall be carried out in such a manner that erosion, water,
air and noise pollution will be minimized and held within legal limits
as established by state regulations.
Clearing. All trees, brush, and stumps shall be removed from the site
and spoil areas before excavation is performed. All material cleared
from the area shall be disposed of by burning or removing from the
site and stacking. All burning shall conform to regulations of
Alabama state law.
Excavation. The completed excavation, berms, and placed banks (spoil
disposal) of waste material shall conform to lines, dimensions, grades
and slopes shown on the plans or staked on the site to the degree
that skillful operation of the excavating equipment will permit.
Runoff from outside drainage areas will be diverted away from the
lagoon.
Dike or Levee Construction. The placing and spreading of fill material
shall be started at the lowest point of the foundation and shall be
brought up in approximately horizontal layers not exceeding eight inches
in thickness. These layers shall be of approximately uniform elevation
and shall extend over the entire area of fill. Construction equipment
will be operated over the area of each layer in a manner that will
result in a specified degree of compaction and a watertight structure.
Special construction equipment will be used when the required compaction
cannot be obtained by routing of the construction equipment. Con-
struction of the fill shall be undertaken only at such times that the
moisture content of the fill material will permit satisfactory compaction,
If the material is too dry, moisture must be added.
Pipe Installation. Inlet pipe or troughs shall be placed to the lines
and grades shown on the plans.
Ramp Installation. When used, inlet ramp shall be constructed to the
dimensions, lines, and grades shown on the plans or as otherwise
specified.
Materials. All of the component parts of the inlet pipe and supports
shall be as specified on the plans and shall be installed in a workman-
like manner.
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-------
Concrete. This work shall consist of furnishing, forming, placing,
finishing and curing portland cement concrete as required in the con-
struction of the work. When concrete is used, the mixture shall be no
less than a 5-bag per yard mix. Water content shall not exceed 6.0
gallons per sack. Concrete will be thoroughly rodded or vibrated to
remove voids and densify the concrete.
Small batch mixture shall be as follows« A standard brand Type I
Portland cement, washed sand and gravel. Clean water shall be used in
the mix. (Suggested ration of aggregates in mix: 9^ Ibs. cement (l
bag), 6 gals, water, 1?0 Ibs. clean dry sand, 315 Ibs. dry gravel.
Smaller batches, 1 part cement, 2 parts sand, and 3 parts gravel,
and water at the rate of 1 gal. per 16 Ibs. of cement).
Concrete shall not be placed when the atmospheric temperature may be
expected to fall below 40 F. at the time concrete is delivered and
placed at the work site.
All exposed surfaces of concrete shall be protected from the direct rays
of the sun for at least the first 7 days. All concrete shall be cured
by keeping it continuously moist for at least ? days after placement.
This moist curing can be accomplished by spraying with two coats of
curing compound when other concrete will not be bonded to the treated
surface.
Vegetation. Vegetative treatment shall be established as specified or
as shown on the plans. Vegetation shall be applied as critical area
planting and will include seedbed preparation, seeding, liming,
fertilizing, and mulching. The lagoon shall be fenced when all
construction work is completed.
-264-
-------
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APPENDIX 1-4
SAMPLE CONSERVATION PLANS
Conservation Plan for a Developing Area
Conservation Plan for an Individual Cooperator
Source: Soil Conservation Service
-269-
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A CONSERVATION PLAN
...for a developing area
Increasingly, farms, forests, and other open spaces
are being converted to urban uses. Land disturbance
associated with residential, industrial, and commer-
cial developments and supporting activities (build-
ing streets, sewer lines, power transmission lines,
airports) contributes to a serious nationwide prob-
lem of soil erosion and sediment damage. More than
25,000 tons of soil may be eroded from a square
mile of developing area and find its way into
marshes, streams, ponds, rivers, lakes, and marine
estuaries. Silted ponds, lakes, and reservoirs have
less room to store storm water, and thus water sup-
plies are damaged and flood hazaids increased.
Government and industry spend millions of dollars
to remove sediment from water to be used in homes,
hospitals, and factories. Sediment destroys spawn-
ing grounds for fish and is a health hazard because
disease germs, pesticides, and other unwanted ma-
terials attached to it are transported from one
community to another.
Throughout the Nation, a "quiet revolution" is
underway. Many villages, towns, townships, cities,
and counties are enacting ordinances Or issuing
rules and regu'ations designed to protect the public
from unnecessary and destructive soil erosion and
sedimentation. In many areas, conservation plans
Planned land use and conservation treatment
-270-
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must be prepared by developers and approved by
conservation districts before land-disturbing permits
are granted. Such conservation plans show, for in-
stance, how a housing developer will use his land
and control erosion and sedimentation during and
after construction.
Soil surveys provide developers information on
the location and extent of the different kinds of soil
in an area and show the soil limitations for selected
uses. Once the soil limitations are known, streets,
homes, utilities, and other kinds of construction
often can be planned on selected soils that are
stable, dry, and generally free of problems. In some
places soils with moderate or severe limitations
must be used. Soil interpretations show the kinds of
soil problems so that engineers and developers can
investigate them in detail and plan and design struc-
tures to reduce or overcome them. In this way,
decisions can be made early about selecting areas
for specific uses and maintenance costs can be held
to a minimum. Constructing homes nnd oilier build-
ings on desirable soils increases opportunities for
landscaping with a \ariety of plants, both for beauty
and to control erosion.
A conservation plan shows the steep land that is
to be protected with vegetation. Waterways are
preserved and protected, and recreation areas are
located on suitable sites. Land subject to overflow
from streams also is preserved and protected to cur-
tail flooding and to provide additional open space
for wildlife and recreation.
Equally important, a conservation plan shows the
location of conservation measures, such as dikes,
water diversions, terraces, dams, reservoirs, water
Soil map
Slreomi
Perennial
Intermittent
Soil boundary
Soil lymbol
Marih or swamp
Escarpment
Wood*
-271-
-------
conduits, grassed waterways, and plantings of grass,
trees, and shrubs. A plan accounts for the timing
and sequence of installing conservation measures in
order to provide for maximum control of erosion
and sedimentation.
Tijfi PI:;,;
This example of a developer's conservation plan
for a housing development provides for an attract-
ive environment based on careful use of soil, water,
and plant resources. The plan is based on interpre-
tations of the soils in the area. A pictorial map is
used here to show the developer's plan. More often,
however, a plat map that shows topography, lot
measurements, street widths, and other features is
used.
Detailed designs of conservation measures, al-
though not shown in lliis example, are a necessary
part of conservation plans. Designs must comply
with standards and specifications adopted by the
governmental entity that has responsibility for re-
view and approval.
Conservation plans for developing areas that have
different climate, soils, and topography require dif-
ferent land use and conservation measures. For
example, in some areas a high water table is as
great a problem as erosion and sedimentation.
Conservation plans can be prepared by engineers,
developers, building contractors, or other technically
qualified resource planners. If needed, SCS technical
assistance can be made available through the local
soil conservation district.
Legend and soil descriptions
Symbol
Soil
Brief description
CrA Crosby silt loam, 0 to 2 percent slopes
CrB2 Crosby silt loam, 2 to 6 percent slopes, eroded
Es Eel silt loam
HeF Hennepin soils, 18 to 35 percent slopes
MnB2 Miami silt loam, 2 to 6 percent slopes, eroded
MnC Miami silt loam, 6 to 12 percent slopes
MnC2 Miami silt loam, 6 to 12 percent slopes, eroded
MnD Miami silt loam, 12 to 18 percent slopes
MnD2 Miami silt loam, 12 to 18 percent slopes, eroded
Light-colored to moderately dark colored, deep, somewhat poorly
drained, slowly permeable soils on nearly level to gently sloping
areas in uplands. Developed from firm glacial till.
Moderately dark colored, deep, moderately well drained, moder-
ately permeable soils on nearly level areas in bottom lands.
Developed from friable alluvium.
Light-colored, deep, well-drained, moderately permeable soils on
steep slopes in uplands. Developed from firm glacial till.
Light-colored, deep, well-drained, moderately permeable soils on
gentle slopes to moderately steep slopes in uplands. Developed
from firm glacial till.
Soil interpretations
Symbol
Soil
Erosion hazard
Dwellings-three stories
or less
With
basement
Without
basement
Septic
tank
absorption
fields
Location
of roads
and
streets
Parks
or
nature
trails
CrA
CrB2
Es
HeF
MnB2
MnC,
MnC2
MnD,
MnD2
Crosby
Crosby
Eel
Hennepin
Miami
Miami
Miami
Slight
Moderate; sheet erosion
Moderate; streambank
erosion
Severe, sheet and gully
erosion
^Moderate; sheet erosion
Severe; sheet and gully
erosion
Severe; sheet and gully
erosion
Severe;
wetness
Severe;
wetness
Severe,
floods
Severe;
slope
Slight
Moderate;
slope
Severe ;
slope
Moderate;
wetness
Moderate;
wetness
Severe,
floods
Severe,
slope
Slight
Moderate;
slope
Severe,
slope
Severe,
wetness
Severe;
wetness
Severe,
floods
Severe;
slope
Slight
Moderate;
slope
Severe;
slope
Moderate;
wetness
Moderate;
wetness
Severe;
floods
Severe;
slope
Slight
Moderate;
slope
Severe;
slope
Moderate;
wetness
Moderate;
wetness
Moderate;
floods
Severe,
slope
Slight
Moderate,
slope
Severe;
slope
Soil limitation classes-Soils rated as SLIGHT have few or no limitations for the use. Soils rated as MODERATE have limita-
tions that reduce to some degree their desirability for the purpose being considered. They require some corrective measures.
Soils rated as SEVERE have unfavorable soil properties or features that severely restrict their use and desirability for the pur-
pose. A severe rating does not mean that the soil cannot be used for a specific purpose because many of the problems can be
corrected.
-272-
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Land use
The land use pattern proposed by this developer
contributes to control of erosion and sedimentation
and to maintenance of the environmental and es-
thetic values of this area.
1. The flood plain and adjacent steep slopes are
reserved for public use. Trails or other proj-
ects for recreation or environmental improve-
ment may be developed by the local unit of
government.
2. Public access lanes connect each street with
the open space dedicated to public use.
3. Storm sewers carry street and lot runoff to
stable outlets or water-detention reservoirs.
4. Street patterns conform to land contours and
are designed for pedestrian safety and abate-
ment of traffic noises.
5. Building lots are laid out to conform to the
contours of the land in order to reduce land
disturbance.
6. The area is platted so that a maximum num-
ber of lots share the wooded sectors.
7. Natural water courses are preserved and pro-
tected.
Measures to control erosion and sedimentation
To control erosion and sedimentation in this
area during and after construction, the developer
agrees to:
1. Disturb only the areas needed for construction.
At the present time, natural vegetation covers
this area and there is little erosion. The
streambed and streambanks are stable. The
vegetation on the flood plain and adjacent
slopes will contribute to the esthetic and
environmental quality of the development.
2. Remove only those trees, shrubs, and grasses
that must be removed for construction; pro-
tect the rest to preserve their esthetic and
erosion-control values.
3. Stockpile topsoil and protect it with anchored
straw mulch.
4. Install sediment basins and diversion dikes
before disturbing the land that drains into
them. Diversion dikes in the central part of
the development may be constructed after
streets are installed but before construction
is started on the lots that drain into them.
5. Install streets, curbs, water mains, electric and
telephone cables, storm drains, and sewers in
advance of home construction.
6. Install erosion- and sediment-control prac-
tices as indicated in the plan and according
to soil conservation district standards and
specifications. The practices are to be main-
tained in effective working condition during
construction and until the drainage area has
been permanently stabilized.
7. Temporarily stabilize each segment of graded
or otherwise disturbed land, including the
sediment-control devices not otherwise sta-
bilized, by seeding and mulching or by mulch-
ing alone. As construction is completed,
permanently stabilize each segment with
perennial vegetation and structural measures.
Both temporary and permanent stabilization
practices are to be installed according to soil
conservation district standards and specifica-
tions.
8. "Loose-pile" material that is excavated for
home construction purposes. Keep it "loose-
piled" until it is used for foundation back-
fill or until the lot is ready for final grading
and permanent vegetation
9. Stabilize each lot within 4 months after work
starts on home construction.
10. Backfill, compact, seed, and mulch trenches
within 15 days after they are opened.
11. Level diversion dikes, sediment basins, and
silt traps after areas that drain into them
are stabilized. Establish permanent vegetation
on these areas. Sediment basins that are to
be retained for storm-water detention may be
seeded to permanent vegetation soon after
they are built.
12. Discharge water from outlet structures at
nonerosive velocities.
13. Design and retain two debris basins as de-
tention reservoirs so that peak runoff from
the development area is no greater than that
before the development was established.
-273-
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A CONSERVATION PLAN
FOR INDIVIDUAL COOPERATOR
SCS-CONS-16
OCTOBER 1974
Owner
County £L
Approximate acre.s..
Cooperating with
? Plan
X*
CONSERVATION PLAN HAP
Qpurrttw
2.50
Assisted by
State.
U. t. DKMUrranrr OP AOWCULTUM
•OIL COMMXVATION MftVICr
Approximate •gala _ .
Cou^frf Sot I CMMMnmHan IMatricf
Phofn mmhftf 3 F S7
USDASofl Coosetvation Service
-274-
-------
USDA-SCS
SCS-CONS-68
REV. 7-72
CONSERVATION PLAN
FOR INDIVIDUAL COOPERATOR
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
COOPERATOR John X. Smith
ASSISTED BY Jake Snow
DATE 3 - 11 -
76
Paee 1 of 6
FIELD
NO.
2,3,6
2,3
6
2,3
6
6
2,3,6
2,3
6
2,3,6
2,3
6
2
PLANNED
AMOUNT
190 Ac.
110 Ac.
80 Ac.
110 Ac.
80 Ac.
80 Ac.
190 Ac.
110 Ac.
80 Ac.
190 Ac.
110'Ac.
80 Ac.
6600 Ft.
YEAR
-
1977
1979
-
-
—
_
1977
1979
_
1977
1979
1978
APPLI ED
AMOUNT
MONTH
AND
YEAR
LAND USE AND TREATMENT
CROPLAND - 190 Ac.
CONSERVATION CROPPING SYSTEM:
- Lime and fertilizer will be applied
according to University soil tests.
- Continuous Row Crop *
- Cropping sequence: R-R-G-H *
- Hay (H) will be established.
* Hay or small grain may be substituted
for row crop for less intensive crop-
ping system.
MINIMUM TILLAGE:
- Chisel plow and one disking will be
used except for seedbed preparation
following hay in field 6 (Use mold-
board plow, disk twice).
** No-till may be substituted.
CROP RESIDUE USE:
- Residue will be left standing with no
seedbed preparation until April 1. The
disk will be angled to leave a minimum
of 3000 pounds of residue on the surface.
PARALLEL TERRACES:
- Terraces will be installed according
SCS design.
- Terraces will be maintained
NOTE: Soil survey map would ordinarily
be included as part of the plan
materials.
-275-
-------
UIDA-SCS
ICS-CONS-BB
REV. 7-72
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
COOPERATOR John X. Smith
ASSISTED BY Jake Snow
DATE 3-11-76
Page 2 of 6
FIELD
NO.
2,6
6
2
6
2
6
3
3
PLANNED
AMOUNT
120 Ac.
80 Ac.
40 Ac.
5 Ac.
2650 Ft.
1600 Ft.
70 Ac.
70 Ac.
YEAR
1977
1978
1977
1979
1978
1976
1977
APPLIED
AMOUNT
MONTH
AND
YEAR
LAND USE AND TREATMENT
CONTOUR FARMING:
- Seedbed preparation and planting will be
on the contour.
GRASSED WATERWAY:
- Will be installed and seeded according
to SCS design.
HEDGEROW PLANTING:
- Will be planted according to Planting
Plan No. 2. Will be cultivated 1st year.
FIELD BORDER:
- Border will be planted according to
Planting Plan No. 2. Will be cultivated
1st year.
IRRIGATION SYSTEM - SPRINKLER:
- Will be converted to sprinkler system
according to design approved by SCS.
(2100 Ft. - 12" Pipe)
IRRIGATION WATER MANAGEMENT:
- Irrigation will be according to Water
Management Plan developed by SCS.
-276-
-------
USDA-SC3
»CS-CONS-6«
REV. 7-72
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
COOPERATOR John X. Smith
ASSISTED BY Jake Snow
DATE 3-11-76
Page 3 of 6
FIELD
NO.
4
4
8
8
7
PLANNED
AMOUNT
30 Ac.
30 Ac.
2 Ac.
15 Ac.
1
YEAR
1978
1978
1978
1977
1979
APPLIED
AMOUNT
MONTH
AND
YEAR
LAND USE AND TREATMENT
PASTURELAND - 30 AC
PASTURE PLANTING:
- Seedbed preparation and planting will be
according to Job Sheet AGR-14 •> (SCS) .
- Seed mixture 1 or 3 on Job Sheet AGR-14 (SC$
will be used.
PASTURE MANAGEMENT:
- Will be managed according to Job Sheet
AGR-15 (SCS).
- Will not be grazed first season.
WOODLAND - 15 Ac.
TREE PLANTING:
- Loblolly Pine will be planted according
to Forestry Management Plan provided by
Forestry Agency.
LIVESTOCK EXCLUSION:
- Fence will be repaired and maintained to
keep out livestock.
WILDLIFE LAND - 10 Ac.
POND:
- Pond will be installed according to SCS
design.
- Pond will be fenced
-277-
-------
USDA-SCS
ICS-CONS-8B
REV. 7-72
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
COOPERATOR John X. Smith
ASSISTED BY Jake Snow
DATE 3-11-76
Page 4 of 6
FIELD
NO.
1,7
7
9
9
7,9
PLANNED
AMOUNT
6 Ac.
1 Ac.
500 Ft.
4 Ac.
1550 Ft.
YEAR
1978
1980
1978
1979
1978
APPLIED
AMOUNT
MONTH
AND
YEAR
LAND USE AND TREATMENT
WILDLIFE UPLAND HABITAT MGT:
- Spot plant with District Wildlife Packet
according to Planting Plan^
- Protect from grazing and fire.
FISHPOND MANAGEMENT:
- 100 BASS and 500 BLUEGILL FINGERLINGS
will be stocked in June.
- Vegetation will be controlled as outlined
in Extension Bulletin 394.
DIKE:
- Will be installed according to SCS design
and will be operated to maintain shallow
water level.
WILDLIFE WETLAND HABITAT MGT:
- Tall wheatgrass (6 Ibs./Ac.) and Sweet
clover ( 2 Ibs./Ac.) will be seeded
outside the diked area.
LIVESTOCK EXCLUSION:
- Fence will be installed.
-278-
-------
USDA-SCS
SO-CON S-«>
REV. 7-72
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
COOPERATOR John X. Smith
ASSISTED BY Jake Snow
DATE 3-11-76
Page 5 of 6
FIELD
NO.
5
5
5
2,3,6
PLANNED
AMOUNT
1
1
1
190 Ac.
YEAR
1977
1977
1977
1977
APPLIED
AMOUNT
MONTH
AND
YEAR
LAND USE AND TREATMENT
FARMSTEAD - 5 Ac.
WASTE MANAGEMENT SYSTEM:
- Approximately 500 beef steers will be
fed annually (250 each 6 mo.). The
solid manure will accumulate in the
feedlot. The run-off will flow by
gravity through the settling basin
into the holding pond.
- Commercial N will be reduced where manure
is applied. Manure will contain about
2.8 Ibs. N/Ton.
- The feedlot will be shaped with 4% grade
sloping NE.
HOLDING POND:
- A holding pond will be installed .
DEBRIS BASIN:
- A debris basin will be installed.
WASTE UTILIZATION:
- The solid manure from the feedlot and
debris basin will be spread annually
at the time the seedbed for corn is
prepared not to exceed 50 tons per acre.
-279-
-------
USDA-SCS
scs-coNS-e>
REV. 7-72
RECORD OF COOPERATOR'S DECISIONS
AND PROGRESS IN APPLICATION
COOPERATOR John X. Smith
ASSISTED BY Jake Snow
DATE
3 - 11 - 76
Page 6 of 6
FIELD
NO.
3
5
5
5
PLANNED
AMOUNT
70 Ac.
300 Ft.
600 Ft.
1
YEAR
1977
1977
1978
1978
APPLI ED
AMOUNT
MONTH
AND
YEAR
LAND USE AND TREATMENT
- The holding pond effluent will be
applied to Field 3 by irrigation not
to exceed 4.5" annually. Individual
applications will not exceed the rate
specified in the irrigation water
management plan.
- A centrifugal irrigation pump and
big gun sprinklers specified in the
design approved by SCS will be used.
DIVERSION:
- A diversion will be constructed
according to SCS design.
FARMSTEAD WINDBREAK:
- Trees and shrubs will be planted.
- The feedlot, debris basin, and holding
pond will be located and landscaped
according to the attached drawing
titled, Farmstead Planting Plan.
-280-
-------
Z
*
j
0-
«c
j
CL
A
<
UJ
K
li.
-281-
-------
SCS-CONS-6
2-70
FILE CODE CONS-14-5
U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Page
PLANNING AND IMPLEMENTATION NOTES
DATE AND
INITIALS
NARRATIVE
LAND USER
*g
'-&7-7(t
( -
y^//-^
j£^*
•P
-282-
-------
CONSERVATION PLANNING CHECK LIST
1. Become aware of conservation problems related to Agricultural Waste
Management and advise the decision maker during the planning process.
2. Inventory resource data related to Waste Management.
3. Review the impact of agricultural wastes as a resource (plant nutrients,
soil structure, etc.) and as a pollutant of soil, water and air.
4. Determine soil limitations in recycling wastes.
5. Determine composition and production of elements from waste resource.
6. Determine tJ loss and soil incorporated _N.
7. Determine JJ available for crop use for alternative systems of storage
treatment, and application.
8. Determine plant nutrient balance from the most practical alternative waste
management systems and discuss pros and cons with the decision maker.
(Consider equipment costs, labor, climate, soils, toxicity problems,
nutrient needs, conservation objectives of the decision maker, etc.)
9. Record decisions in the conservation plan indicating what is expected,
how it is to be accomplished, where it applies, and a schedule for
application.
Provide one or more alternatives when decisions are not firm. Use job
sheets, work sheets, and planting plans as applicable with a reference
to each in the CPO. Also make reference to designs to be developed or
approved by SCS.
10. Record decisions for operations, management, and maintenance.
-283-
-------
APPENDIX 1-5
U,S, FOREST SERVICE
EROSION CONTROL GUIDELINES
Vegetation Establishment and Erosion Control
on Management and Construction Projects
Specifications for Watercourse Buffer Strips
Timber Management
-285-
-------
Management Standards for the Appalachians
PROTECTION OF THE ENVIRONMENT
Vegetation Establishment and Erosion Control
on Management and Construction Projects
Obejctive: Prevent unacceptable soil movement.
Goals: Manage resources in such a manner that--
--Erosion is controlled as completely as possible,
not exceeding limits prescribed below.
--Sediment in streams should not exceed limits for
use as described in Water Quality Standards for
Managing the National Forests in the Appalachians.
TOLERABLE EROSION LOSSES
Table I is an example of the type of tables that soil and water scientists
must develop for each planning unit. It is based upon information contained
in the Soil Resource Inventory of the unit, plus the Guide to Sediment
Investigations (1) and Hydro!ogic Group K and T Factors of Series having
Type Locations in the South Region (2).Procedure for developing Table 1
is attached as Appendix A in this section.
The standards on Page 2 will protect soil productivity and water quality,
providing buffer strips are maintained to standards described in Standards
1-3—Specifications for watercourse buffer strips.
-286-
-------
Table 1 - Maintaining Erosion Rates Within Acceptable Limits on Construction
Projects and Resource Management Areas. _!_/
Maximum Gross
Rooting Erosion 3/
Depth From All Sources
(•Inches) 2J (Tons/Acre/Year)
10-20 2
20-40 3
40-60 4
60 + 5
Percent
Slope
5
10
15
20
25
5
10
15
20
25
5
10
15
20
25
5
10
15
20
25
Minimum
Percent Ground
Cover Needed
40
75
80
90
100
35
70
75
85
95
30
60
70
80
90
25
50
65
75
85
]_/ This Table illustrates a slope length of 72.6 feet and a moderately
erodable soil (k factor = .28). Standards must be calculated (see
Appendix A) through use of a Modified Musgrave Equation for areas with
different slope lengths or credibility index.
2/ The rooting depth is that vertical distance in the soil profile where
roots can grow in search of water and nutrients.
3/ Water Quality must be protected at all times.
-287-
-------
EROSION AND SEDIMENT CONTROL IN THE GENERAL FOREST AREA
Guides to preventing and/or controlling erosion and sediment in timber
sale areas are included in Regional FSM Supplement 2482.
Control of Erosion and Sediment on regeneration areas is included
in Regional Emergency Directive Number 2, 2470.
EROSION AND SEDIMENT CONTROL IN CONSTRUCTION AREAS
FSM 7706 discusses the coordination required in the planning of the trans-
portation system. Specific coordination instructions for watershed protection
are set forth in FSM 7706.14. Consideration of erosion control and resource
protection during location and design are discussed in FSM 7723.4. Construction
specifications for transportation facilities set forth definite standards
for erosion control and resource protection during construction. Regional
FSM Supplements 7705.1 and 7723 discuss controlling erosion and sediment
on temporary roads.
REFERENCE LIST
1. Guide to Sedimentation Investigations, South Regional Technical Service
Area, SCS, March 1965.
2. Hydrologic Group K and T Factors of Series Having Type Locations in
the South Region, SCS, August 1971.
3. How to Establish Erosion Tolerances, Smith and Stanley, Journal
of Soil and Water Conservation, Vol. 19, No. 3, May-June 1964.
4. A Forest Atlas of the South, USFS, 1969.
5. North Fork Citico Creek Watershed Study for Water Years 68 and 69.
-288-
-------
Specifications for Watercourse Buffer Strips
I. Areas of significant soil disturbance such as
skid trails and construction sites.
areas below roads,
The following standards apply to the UNIT. Forest Staff will prepare
additional standards to protect water quality for special designated
areas.
RECOMMENDED HORIZONAL WIDTH IN FEET TO BUFFER STRIP BETWEEN TOE
OF ROAD, SKID TRAIL, OR OTHER SIGNIFICANT DISTURBANCE AND PERENNIAL
OR INTERMITTENT STREAM OR LAKE (1), V
Erosion Hazard of
Buffer Strip Soil 2/ (2)
-Percent Slope 3_/
Slight
Moderate
Severe
0
30
40
50
10
SS
75
90
20
30
100
130 r
30
105
140
170
40
" 130
JT7C~
210
50
j 1SS
200
250
60
ISO
255
230
ACTIVITIES WITHIN BUFFER STRIPS
PERMITTED
PROHIBITED
-Felling of Timber
-Cable skidding
-TSI
-All regeneration and inter-
mediate cuts. Cutting
practices within one chain
of all fishable streams
(those 4 ft. or wider) must
be modified by leaving a
minimum of 50% of the over-
story shade. Streams less
than fishable size will
follow shade standards in
Item II.
-All wheel or crawler vehicles
-Roads except at designated crossing
-Removal of more than 50% of over-
story within one chain of fishable
stream.
-Log loading areas.
-Mechanical site preparation.
-Prescribed burning.
-Recreation construction.
(boat docks and launching ramps
excepted)
The guidelines do not apply to ephemeral water courses (those that flow
only in direct response to precipitation and whose channels are at all
times above the water table), but such water courses will not be used for
roadways or skid trails.
V As a general rule where 7-1/2' USGS contour maps are available
all areas with a blue line designating a watercourse should require
a buffer strip. The need for additional buffer strips can then be
determined by an on site inspection.
21 This a weighting of soil factors (texture, structure, organic
matter, and permeability) important in soil credibility.
3/ All activities on slopes to right of heavy line must be coordinated
with Forest soil and water staff.
-289-
-------
II. Areas without significant soil disturbance.
Maintain a one-chain shade strip on either side of fishable streams.
Limit shade removal in these strips to a maximum of 50 percent of the
overstory. Along smaller perennial streams the shade strip may be gradually
narrowed to 10 feet on either side at the extreme headwaters, and may
consist of understory shade only.
Exceptions to the above criteria must be noted in the Unit Plan along
with mitigating measures.
REFERENCE LIST
1. Trimble and Sartz - How far from a stream should a logging road be
located? Journal of Forestry, Volume 55, No. 5, May 1957.
2. SCS, Hydrologic Group K and T Factors of Series having type locations
in the South Region, July 1970.
1.2 X Grade %
3" Crushed Stone on
grades steeper than 81.
FIGURE 2
Minimum specifications for Construction of Broad Base Dips
20 \-
15
10
o
-a
CvJ
100 125 150 175 " 200 225 250 275 300
Maximum Spacing Between Broad Base Dips (ft)
Based on the Formula: Spacing
+ ICQ
Grade ^
FIGUKE 3
Maximum Distance Between Broad Base Dips vs p.oad Grade
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Timber Management (Title 2400)
Skid Trail Close Out.
a. Water bars will be cut in all skid trails where strips of mineral
soil have been exposed, such to be spaced according to Table 2.
b. Skid trails where 50% or more of any 20 chain segment is exposed
mineral soil will be revegetated by the methods outlined for haul
roads. Lime, fertilizer, seed and mulch will be used as specified
in Appendix A.
Yarding areas and other bare soil should be--
--ditched or water barred to provide proper drainage into a filter strip
—limed, fertilized, seeded and mulched as outlined for roads.
Timber sales areas will be closed to traffic after being put to bed
unless the roads are put on the District Transportation System and set up
for periodic maintenance. Roads will be effectively blockaded.
TABLE 2
Drainage Spacing On Skid Trails
grade (%) Minimum Spacing (ft)
2 250
5 135
10 80
15 60
20 45
25 40
30 35
45 25
NOTE: A cross drain will be place above intersections and immediately
below each intermittent stream crossing.
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APPENDIX 1-6
BUREAU OF LAND MANAGEMENT
SAMPLE STANDARDS AND SPECIFICATIONS
Fence Materials
Fence Construction
Dike Construction
Pit Reservoir Construction
Well Construction
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Form 9172-30
(April 1972)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
F-2- FENCE MATERIALS
1. GENERAL - All posts, wire, and other materials
used in construction of fence; wire gates and any
special drainage structures required, may be furnished
either by Government or Contractor, as provided in
the Specification Supplement.
2. GOVERNMENT-FURNISHED MATERIALS - In
event it is provided that Government will furnish fence
materials, Contractor shall pick up materials at the
Bureau of Land Management warehouse or other loca-
tion stated in the Specification Supplement. Contract-
or shall load and transport all materials to worksite
and furnish labor and equipment to construct fence as
specified. Contractor shall be responsible for all ma-
terials in his custody until fence is completed and ac-
cepted. All unused materials shall be returned, by
Contractor, to location from which they were received
or nearer destination if so directed by Contracting
Officer. Cost of picking up and transporting materials
to and from project site shall be included in unit price
per nod bid in the Fence Construction Schedule.
3. CONTRACTOR-FURNISHED MATERIALS - In
event Contractor is required to furnish fence materials,
the following specification subparagraphs (a) through
(c) shall apply. Contractor shall furnish new, undam-
aged materials of the best quality of their respective
kinds. Upon request, Contractor shall furnish to Con-
tracting Officer the name of supplier, manufacturer, or
producer of all materials.
a. Fence wire and staples
(1) Barbed wire shall be two twisted strands
of twelve and one-half (1254) gauge galvanized wire
with two-point barbs of fourteen (14) gauge wire
spaced four (4) inches apart. Wire shall be Type I,
Style 2, zinc coated in accordance with Table 1,
Class 1, of Federal Specification No. RR-F-221.
(2) Woven-wire fabric will not be a component
part of fence unless so stated in F—S — Fence Con-
struction Specifications Supplement (Form 9172—28).
Woven-wire fabric shall be completely galvanized and
of height and design shown on drawings. Wire and de-
sign shall be as assigned by the U. S. Department of
Commerce Simplified Practice recommendation R9-47
and shall be in accordance with Federal Specification
RR-F-221.
(3) Brace wires shall be of twelve and one-half
(12yj) gauge barbed wire as specified in 3a(l), above,
or nine (9) gauge galvanized wire. Tie wires for wood
fence stays shall be smooth, galvanized wire either
fourteen (14)or twelve (12) gauge. All other tie wires.
including gate post loops, shall be smooth, galva-
nized, nine (9) gauge wire.
(4) Wire fence stays shall be either conven-
tional twisted wire fence stays manufactured from
smooth, galvanized, nine (9) gauge wire or two-piece
wire stays manufactured from smooth, galvanized,
eight (8) gauge, hard steel wire. Wood fence stays
shall be sound straight pieces of any species spec-
ified in paragraph 3b(2), below, for fence posts. Treat-
ing of wood fence stays will not be required. Stays
shall be of uniform length and sufficiently long to ex-
tend a minimum of three (3) inches above top fence
wire and six (6) inches below bottom wire. Stays shall
be not less than two (2) inches nor more than three (3)
inches in diameter. Two inch by two inch (2"x2")
rough sawn S2S, or S4S pieces will be acceptable.
(5) Staples — Staples shall be nine (9) gauge,
bright finish, and one and one-half (l'/i) inches long,
b. Fence posts
(1) Steel line posts shall be "T" bar type,
channel, or "U" bar type, as Contractor may elect.
Each shall have an anchor plate welded or riveted
to post and be furnished with not less than five (5)
clip type wire fasteners. Sfeel posts shall be manu-
factured from wrought, rail, or new billet steel and
shall weigh not less than 1.33 pounds per foot exclu-
sive of anchor plate. Anchor plate shall weigh not
less than 0.67 pound. Posts with punched tabs for
fastening wires are not acceptable. All steel posts
shall be painted. Steel posts shall be the length
shown on drawings.
(2) All wood posts and wood braces shall be
sound and usable single stem posts cut from either
green or dead trees. A slight bend in one plane will
be acceptable. However, in case of disputes, a line
drawn from geometric center of top to geometric center
of butt shall not fall outside body of post. Small
seasoning checks will be permitted. Twisted, rotted,
or otherwise inferior or unsound posts are not accept-
able. Following species will be acceptable if treated
for full length: ponderosa pine, lodgepole pine, fir,
balsam, and tamarack. Split red cedar posts will be
acceptable if butt end is treated for a minimum dis-
tance of depth setting plus six (6) inches.
The following species will be acceptable with-
out treatment: juniper, red cedar (barked), honey lo-
cust, osage orange, and white oak.
Posts and brace rails may be full stem members,
sawed members of square cross section, or split
members. Full stem members shall have a minimum
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diameter at small end of three (3) inches for line posts
and brace rails, and five (5) inches for all other posts.
Sawed members may be rough sawn, S2S, or S4S as
Contractor may elect. Sawed members shall have a
minimum dimension of four (4) inches by four (4)
inches (4" x 4") for line posts and brace rails and
six (6) inches by six (6) inches (6" x 6") for all other
posts. Split members shall have a minimum cross
sectional area at small end of ten (10) square inches
for line posts and brace rails and twenty (20) square
inches for all other posts. Slabs and wedge-shaped
members will not be acceptable. Lengths of all wood
posts shall be as shown on drawings. Fabrication
of posts and braces shall be done prior to treatment
of wood members. When boring or cutting of a treated
member is required at construction site, exposed
untreated surface of member shall be thoroughly
swabbed with creosote.
Posts to be driven shall be machine-pointed
on the end driven into ground.
(3) Wood treating practices — Posts and braces
to be full length treated shall be full pressure treated
with one of the following methods:
Pentachlorophenol method: five (5) percent
pentachlorophenol (per Fed. Spec. TT-W-570) solution
in petroleum (conforming to AWPA Standard P9) shall
be applied as prescribed in Fed. Spec. TT-W-571.
Minimum net retention of preservative solution shall
be six (6) pounds pei cubic foot, using empty-celr
pressure treating process.
Chromated copper aisenale method: chromated
copper arsenate, Type II (Fed Spec. TT-W-550) water-
borne preservative (conforming to AWPA Standaid PS)
shall be as prescribed in Fed. Spec. TT-W-571.
Minimum net retention of solid preservative shall be
0.40 pounds per cubic foot (gauge only) using the
full-cell pressure treating process.
Creosote method: (acceptable only if so stated
in Paragraph D of F—S — Fence Construction Speci-
fication Supplement) Grade 1 coal tar creosote
meeting AWPA Standard C5-57 shall be applied in
accordance with Fed. Spec. TT-W-571, Table I. Min-
imum net retention of preservation solution shall be
six (6) pounds per cubic foot. Empty-cell pressure
treating process shall be used.
If split red cedar posts are to be used with
treating only on butt end, this treating may be accom-
plished by either cold soaking process or hot and
cold bath process. Either pentachlorophenol solution
or coal tar creosote solution, as prescribed above,
may be used. Minimum net retention of preservative
solution shall be six (6) pounds per cubic foot of
wood treated.
c. Costs — Cost of furnishing and delivering all
materials to worksite shall be included in the pay
item for Fence Construction.
GPO 654-099
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Form 9172-29
(March 1970)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
F-l - FENCE CONSTRUCTION STANDARD SPECIFICATIONS
STAKING, SITE PREPARATION, AND ACCESS ROADS
A. REQUIREMENT - It is required that fence con-
struction specified be performed, at the location(s)
shown on attached Work Location Map and in the Spec-
ification Supplement, which are made a part hereof,
in accordance with Contract, including General Pro-
visions, Additional General Provisions, drawings, and
these specifications.
B. DESCRIPTION OF WORK - Fence construction
work to be performed is described in the Specification
Supplement, which is made a part hereof.
C. STAKING — Government will locate fence lines
with stakes at angle points, ends and within sight
distances between angle points. Work shall be per-
formed in conformity with stakes. Contracting Officer
will designate location of gates, cattle guards, and
any drainage crossings which are to have special con-
struction features. Contractor shall protect all lo-
cation and construction stakes until replaced with
fence posts, and protect public land corners or other
permanent reference marks or stakes from damage or
removal. In case of their destruction or removal by
Contractor, stakes will be replaced by Government
and actual cost to Government for replacement will
be deducted from payments due to Contractor.
D. SITE PREPARATION AND ACCESS ROADS -
Fence lines shall be cleared either by Contractor or
Government, as provided in the Specification Supple-
ment. In event it is required that Contractor shall
clear fence lines, he shall remove all trees, brush and
other obstructions large enough to hinder construction
operations, and overhanging limbs. Fence lines shall
be cleared to a minimum width of four (4) feet on each
side of proposed fence. Existing grass sod shall be
disturbed as little as possible. Debris from fence line
shall be disposed of in the immediate vicinity of
fence, as directed by Contracting Officer.
Contractor may construct access roads to construction
site and along fence lines, as necessary, during con-
struction with approval of Contracting Officer. Cost
of site preparation and construction of access roads,
if this work is to be performed by Contractor, shall
be included in the pay item for Fence Construction.
In event it is provided, in the Specification Supple-
ment, that Government will clear fence lines, such
clearing will be done in sufficient amount to remove
all trees and brush large enough to hinder construction
operations and Government will also construct access
roads to extent Contracting Officer determines nec-
essary for construction of fence. Any additional
clearing or access roads, deemed necessary by Con-
tractor, shall be done at his expense and only with
approval of Contracting Officer.
GPO 856-992
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Form 9172-25
(March 1970)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
E-12 - DIKE CONSTRUCTION
1. GENERAL - Earth dikes shall be required in con-
struction of waterspreadet systems. All earth dikes
shall be constructed in conformance with these spec-
ifications and drawings to lines and grades staked at
sites, which, in general, will be lines and grades
shown on drawings.
2. CONSTRUCTION - Surface areas to be covered by
dike foundations and borrow areas shall be cleared of
vegetation. Waste material from clearing operation
shall be disposed of in immediate vicinity of dikes
in layers not to exceed eight (8) inches in depth, as
specified by Contracting Officer. All drainages in
excess of one (1) foot in depth crossed by dikes shall
be cored to a depth of at least one (1) foot below
channel bed and banks sloped to not less than 3:1.
Drainages shall be backfilled in level layers not to
exceed eight (8) inches in depth. Each lift of back-
fill shall be compacted by one lengthwise trip over
backfill with operating equipment. Dike foundation
shall be ripped to a depth of one (1) foot. Ripping
furrows shall be a maximum of three (3) feet apart and
parallel to axis of dike.
Dikes shall be constructed to the height as staked.
Carryall equipment shall be used to the extent that
effective use of equipment permits and balance of fill
material placed in dikes with dozer equipment. Com-
paction of dozer placed material shall be obtained by
a lengthwise trip of tractor at each one (1) foot of
rise. Unless otherwise specified or directed, dikes
shall be constructed from downstream side and borrow
pits shall be left smooth and not in excess of eight
(8) inches in depth. Care shall be taken not to disturb
vegetation and soil at spillway sections at ends of
dikes or adjacent to upstream slopes. Earth material
for dike construction shall not be taken closer than
twenty (20) feet back from spillway end of dike. After
sufficient yardage has been placed in dike, Contractor
shall finish, shape, and compact upstream side of
each dike until a smooth and uniformly compacted
3:1 slope is obtained. If a 2:1 downstream slope is
not maintained in process of fill placement, Con-
tractor shall shape slope to specifications after fill
placement. Materials shall not be placed when either
they or the surface on which they are placed is frozen
or too wet for satisfactory compaction.
3. PAYMENT - Measurement for payment of dike con-
struction will be number of cubic yards of earthfill
complete in place in dikes as staked on original
ground surface. Payment for dike construction, com-
pleted in conformance with these specifications, will
be made at unit price per cubic yard in the Schedule
and will include cost of all work described in this
paragraph.
GPO 856-840
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Form 9172-24
(March 1970)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
E-ll - PIT RESERVOIR CONSTRUCTION
1. GENERAL - All steps in pit reservoir construction
shall be performed in accordance with the drawings
and specifications under this paragraph.
2. SITE PREPARATION - Brush, trees, stumps, and
other obstructive objects shall be removed from the
area to be excavated and from the area to be covered
by excavated earth materials. Such objects shall be
disposed of as directed by Contracting Officer.
3. EXCAVATION - Unless otherwise specified on
the drawings, end and side slopes of the excavations
shall be 4:1. The dimensions of excavation shall be
as shown on the drawings or as staked on the ground.
During the progress of work, it may be found necessary
or desirable by the Contracting Officer to vary the
slopes or dimensions of the excavations from those
specified herein. No adjustment in unit prices bid
will be made by reason of any such change.
In general, material to be excavated can be removed
by carryalls although ripping may be required. Con-
tractor will not be required to excavate material from
pits at the unit price bid in the Schedule that cannot
be removed with customary earthmoving equipment and
ripping.
4. EMBANKMENT - All excavated materials shall be
placed in embankment, generally downstream from pit
excavation as shown on the drawings or as may be
designated by Contracting Officer. Excavated ma-
terials which are highly pervious, such as sand,
gravel, and silt shall not be placed in any part of em-
bankment that will be below high Water surface of
reservoir.
A natural berm of not less than twenty-five (25) feet
shall be left between pit and embankment. Embank-
ment slopes shall approximate 3:1 upstream (excava-
tion side) and 2:1 downstream. Top width shall not be
less than ten (10) feet nor more than fifteen (15) feet.
5. PAYMENT - Measurement for payment of pit res-
ervoir construction will be the number of cubic yards
in the space excavated to the lines and depths speci-
fied.
Payment for pit reservoir construction completed in
conformance with these specifications will be made at
the unit price per cubic yard bid in the Schedule and
will include cost of clearing for and constructing em-
bankments and any other work required in the con-
struction of pit reservoirs in accordance with these
specifications.
GPO 856-838
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Form 9172-2
(June 1974)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
W-l - WELL CONSTRUCTION STANDARD SPECIFICATIONS
DRILLING
A. REQUIREMENT - Well construction shall be
performed, at the locations shown on the attached
Work Location Map and in the Specification Supple-
ment which are made a part of this Contract, in-
cluding the General Provisions, the Additional Gen-
eral Provisions, and these specifications.
B. DESCRIPTION OF WORK - Work consists of the
drilling and casing of water wells described on
attached Work Summary Chart to the estimated depths
shown for each well, Provided, however, That if only
one well is to be drilled, estimated depth shall be
that shown in the Bid Schedule.
C. DRILLING
1. General — Each well shall be drilled at the
point staked on the ground or otherwise designated
by Contracting Officer. No drilling method which
requires circulation of mud or other liquids, under
pressure, will be permitted unless the Specification
Supplement states that a flowing artesian well is
expected or that wellsite is in an area where depth,
thickness, and other characteristics of aquifer are
accurately known. With the above exception, type
of drilling equipment shall be determined by driller.
Circulation of liquids under pressure for any reason,
with the specified exception, will be deemed suffi-
cient cause for abandonment due to actions of Con-
tractor as described in paragraph W-3A. Drill hole
shall be of sufficient diameter to receive casing of
diameter specified in the Specification Supplement.
Contractor shall employ extreme care not to seal
off or bypass any aquifers in drilling process. Con-
tractor shall make a yield test as specified in para-
graph C7 of each water-bearing zone penetrated.
Contractor shall suspend drilling and immediately
notify Contracting Officer when yield of water is
at least equal to amount shown in the Specification
Supplement or upon reaching the estimated depth for
well as stated in the Schedule or Work Summary
Chart. After investigation of circumstances, Con-
tracting Officer may stop further drilling operations
or order continuance of the drilling. Maximum depth
to which Contracting Officer may require Contractor
to drill at the unit price bid is one and one-half
times the maximum estimated depth stated for that
well.
2. Alignment — Contractor shall drill well to
conform as nearly as practicable to a true vertical
alignment. After casing has been installed, a thirty
(30) foot piece of pipe or other rigid device with
outside diameter one inch less than the inside diam-
eter of casing shall be used to test alignment of the
permanent casing. Testing device, to be furnished
by Contractor, shall be passed through all parts of
permanent casing. Should alignment fail to meet
this test, Contractor shall correct alignment or
abandon well and drill a new well within ten (10) feet
of the same location at no additional cost to Govern-
ment.
3. Log of well — Contractor shall keep a com-
plete well log showing depth below ground surface
at which every important change in formation is
encountered. Log shall show thickness, type, color,
and drilling characteristics of rocks and soil for-
mation penetrated and particularly the location and
quantity of any water obtained. Formations shall be
checked and results entered in the log at intervals
not to exceed ten (10) feet even through no change in
formation is apparent. This log shall be kept up to
date with the progress of well drilling and shall be
available for examination by Contracting Officer at
any time during drilling operation. At the conclusion
of drilling, one copy of this log shall be furnished
Contracting Officer.
4. Samples — A cuttings sample shall be taken
at each apparent change in the character of the ma-
terials penetrated or at intervals not to exceed ten
(10) feet in event of no apparent change, except that
when drilling is performed by cable tool method a
sample shall be taken at end of each drilling run.
When drilling is being performed beyond stated esti-
mated depth for that well, a sample shall be taken
at intervals not exceeding five (5) feet. Each sample
shall be washed (except for air-rotary samples), kept
separate from other materials, and placed in a cloth
bag supplied by Government. Each bag shall be
labeled in pencil or insoluble ink with the name of
well, number of sample, depth interval sampled, and
date taken. Samples shall be furnished to Contracting
Officer with the well log.
5. Record of well — On a form supplied by Con-
tracting Officer, Contractor shall furnish a record of
data not fully covered in the well log. This record
will include: (a) depth, thickness, and yield of all
water-bearing zones; (b) static water level, yield
and drawdown of the completed well; (c) type, diam-
eter, length and depth interval of all casing installed;
(d) type, size, spacing, and depth interval of all
casing perforations; and (e) all other pertinent in-
formation required on form.
GPO 854 - 155
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Contractor shall furnish Contracting Officer with
all drilling information required by state law for
filing on water wells and shall be responsible for
preparation of any reports required of driller by
state law.
6. Disposal of drilling waste — All sand, rock,
earth, mud, and water from the bore shall be deposited
in such a manner as not to interfere with installation
of well platform and pumping equipment.
7. Testing and developing — Contractor shall
measure the flow by means of a bailing or pumping
test of each water-bearing zone penetrated. In the
event the water level is lowered to the bottom of the
hole, bailing or pumping shall continue until the
rate of inflow has been accurately determined. If
yield is less than the minimum stated in the Specifi-
cation Supplement, Contracting Officer may direct
Contractor to attempt to increase the yield by bailing,
surging, or other means of development. If yield is
greater than the minimum stated in the Specification
Supplement, Contractor shall not be required to deter-
mine the maximum yield of well but shall continue
bailing or pumping at a constant rate equal to or
greater than that specified for at least one hour after
the drawdown level has become constant.
After specified yield is assured, Contractor shall
make taste, soap, color, and odor tests in the pres-
ence of Contracting Officer. If, from results of these
tests or any others he deems necessary to make,
Contracting Officer determines that flow is inadequate
or that quality is not suitable, Contractor will be
directed either to abandon well or proceed with
drilling.
8. Payment
a. Measurement for payment will be the
depth drilled in feet except where the Bid Schedule
shows an estimated depth of more than one hundred
(100) feet and the well is completed or abandoned
due to insufficient quantity or unacceptable quality
of water at a depth of less than one hundred (100)
feet, payment will be made for a depth of one hundred
(100) feet for that well. Payment for drilling com-
pleted in accordance with these specifications will
be made at the unit price per lineal foot bid in the
Schedule for the size of hole specified. Payment for
alignment of well, testing alignment, logging the
hole, taking samples, furnishing well record, dis-
posing of drilling wastes, testing and developing for
the first four (4) hours, and furnishing equipment is
included in the unit price bid for drilling.
b. Testing and developing — If more than
four hours are required for testing and developing of
one well, payment will be made at the unit price for
"Testing and Developing" bid in the Schedule.
Measurement for testing and developing for each well
will be the actual number of hours spent performing
that work, as described in paragraph C7, minus four.
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APPENDIX 11-1
BEST MANAGEMENT PRACTICES
BY SOURCE CATEGORY
Agricultural Non-Point Sources
Silvicultural Non-Point Sources
Mining Non-Point Sources
Construction Non-Point Sources
Urban Runoff Sources
Hydrologic Modifications
Residual Wastes
*Note: Information taken from Supplement No. 1, Guidelines for
State and Areawide Water Quality Management Program
Development, November 1976, issued by the Environmental
Protection Agency.
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i,
BEST MANAGEMENT PRACTICES
AGRICULTURAL NONPOINT SOURCES
WATER POLLUTION
Agricultural nonpoint sources are a broad category covering all crop
and animal production activities. Crop production includes both
irrigated and non-irrigated production, such as row crops, close
grown crops, orchards and vineyards, and fallow land temporarily
out of production. Animal production includes such systems as pasture
and rangeland grazing, semiconfined feeding and grazing, and con-
centrated animal feeding operations.
Introduction
This guidance is intended to provide information regarding the
control of pollution from a agricultural nonpoint sources, and to
supplement information regarding the control of agricultural discharges
regulated under the requirements of NPDES. Agricultural production
activities provides, on a national scale, significant sources of pollutants
which reach both surface and ground waters. These may be either
point sources or nonpoint sources, or combinations of the two.
Description of Agricultural Activities
Agricultural nonpoint sources are the crop and animal production
systems that result in diffuse runoff, seepage, or percolation of
pollutant to the surface and ground waters. There are a number of
different activities within each of the systems that may cause water
pollution. The runoff, seepage or percolation of pollutants generated
by the activities are strongly dependent on climatic events such as rain-
fall and snowmelt. In general, they are intermittent and do not represent
a continuous discharge. The nature of the pollutants depends on the
particular activities underway at the time of the climatic events. Both
the nature and amount of pollutants are also dependent on other factors
such as soil types, topography, crop and animal types, and crop and
animal production methods.
Crop Production
There are five general categories of activities associated with crop
production which can produce the potential for nonpoint source pollution:
1. The disturbance of the soil by tillage or compaction by
machinery.
2. The alteration of natural vegetative patterns by substituting
crop plants for natural vegetation or leaving the soil without vegetative
cover.
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-2-
3. The increase in available nutrients, over the quantity available
through natural cycles, by the application of fertilizers.
4. The introduction of chemical compounds not found in significant
quantities under natural conditions such as by the application of
pesticides.
5. The application of surface or ground waters for the purpose of
irrigating crops.
Animal Production
There are three general categories of activities associated with
animal production which can produce the potential for nonpoint source
pollution:
1. Concentration of animals (and their wastes) in a particular
location for an extended period of time such as at feeding areas.
2. Overgrazing of range and pasture lands that removes vegetative
cover from the land.
3. Concentration of animals instreams or along stream banks
in such numbers as to cause disturbance of the stream bottoms or banks,
or result in direct deposit of manure into streams.
Identification of Pollutants
Six general types of nonpoint source pollutants that may result from
activities associated with agricultural production systems are:
1. Sediment: Sediments, by volume, are the most serious
pollutants resulting from agricultural production. They include prin-
cipally mineral fragments resulting from the erosion of soils but may
also include crop debris and animal wastes. Sediments can smother
organisms in water bodies by forming bottom blankets, interfere with
the photosynthetic processes by reducing light penetration, and act as
carriers of nutrients and pesticides. Deposits also may fill reservoirs
and hinder navigation.
2. Nutrients: Nutrients, above the natural background levels of an
area may result from fertilizer applications and animal wastes. Soluble
nutrients may reach surface and ground water through runoff, seepage,
and percolation. Ions may be adsorbed on soil particles and reach surface
water through sedimentation processes. Nutrients may also reach surface
water by direct washoff of animal wastes and recently applied fertilizer.
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-3-
Excessive nutrients can lead to imbalance in the natural nutrient cycles
and cause eutrophicatioa. In some cases, excessive nutrients can be
a health hazard.
3. Pesticides: Pesticides which are applied in the agricultural
production unit may be insoluble or soluble. The entrance of
pesticides into the surface or ground waters follows approximately
the same patterns as nutrients. Pesticides may cause acute
toxicity problems in the water bodies or insidious toxicity problems
through the entire food chain.
4. Organic Materials: Animal wastes and crop debris are the
principal organic pollutants that result from agricultural production.
They may reach surface waters through direct washoff,
or, in their soluble form, reach both surface and ground waters
through runoff, seepage or percolation. The organic materials place
an oxygen demand on the receiving waters during their decomposition.
In addition, they may lead to other problems such as tastes, odors,
color, and nutrient enrichment.
5. Salinity (TDS): The necessity of leaching to remove, or prevent
the damaging accumulation of salts in the root zone of plants has the
potential of inducing subsequent quality problems in both surface and
ground waters if agricultural waters are not properly managed. Percol-
ating water may reach ground water through further deep percolation,
or move laterally into surface water bodies. The problem becomes
more pronounced when the applied irrigation water initially contains
dissolved solids which will become more concentrated as the
plants remove water for their use. Severity of pollution depends not
only on the nature of the receiving waters but also on the nature of
the uses of the receiving waters.
6. Microorganisms: Any potential disease-causing micro-
organisms (pathogens) in water are a matter of concern to the health
and safety of the water users. Animal wastes are the principal source
of pathogenic microorganisms resulting from agricultural production.
Pathogens reach the water bodies through the same routings as
the animal wastes.
Basis For Best Management Practices Development
Best Management Practices for agricultural production are the
most practical and effective measure or combination of measures, which
when applied to the agricultural management unit, will prevent or reduce
tha generation of pollutants to a level compatible with water quality goals.
They often enhance the productivity of the soil as well as control pollution.
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Because of the variability in production methods, crops and
animals, soil types, topography, climate, etc., the BMP for any specific
agricultural management unit or area will vary. The selection of Best
Management Practices for a particular agricultural management unit or
area is a complex process. Any measure or combination of measures
applied to an agricultural management unit or area which will achieve
water quality goals is a potential BMP. However, the measures are •
generally the type that are incorporated into a soil and water con-
servation plan as developed by a landowner or land user, with the
assistance of a conservation district and/or the Soil Conservation Service,
Extension Service, Forest Service, and others.
The principal emphasis should be placed on measures that will
prevent or control the runoff, seepage or percolation of pollutants
from crop or animal production management units. Preventive measures
must be fully integrated into the total production management
system of the agricultural management units. In essence, the soils,
nutrients and pesticides should be kept on the land where they perform
their intended agricultural function.
Because of the widespread nature of sediment runoff, erosion control
measures should be a principal means of controlling pollution from
each agricultural management unit. Control of erosion not only will prevent
soils from leaving the land, but also will materially reduce the nutrients
and pesticides that reach the nation's waters adsorbed to soil particles.
Where necessary, to further prevent or reduce the entrance of sediments
into water bodies, supplemental measures such as debris and sediment
retention basins should be utilized.
In cases where excess amounts of nutrients, pesticides and animal wastes
cause particular problems in surface or ground waters, additional control
measures may be necessary. These measures might relate, for example,
to the application (timing and amount) of fertilizers and pesticides, the
prevention of the concentration of animals, and the collection and adequate
disposal of the animal wastes. Salinity buildup resulting from irrigation
must be analyzed in terms of the particular problem with subsequent develop-
ment rf appropriate measures.
Description of Prevention and Reduction Measures
Measures which can be applied to an agricultural management unit
to prevent or reduce pollutants from reaching surface or ground waters
can be generally classified into four categories. They are: (1) structural
measures, (2) conservation cropping systems and animal management
systems, (3) quantitative and qualitative management of cropping system
inputs, (4) vegetative measures.
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Structural measures generally involve some physical method designed
to reduce erosion or prevent sediment runoff. They include such things
as barriers applied at the source such as terraces, conveyance systems
to enhance non-erodable flows such as waterways and drop structures,
and catchment systems for the final clarification such as debris basins.
Off-stream watering points, controlled access watering points at water
bodies, diversions around feeding areas, and manure trapping basins
are considered to be structural measures.
Cropping systems and animal management systems involve the spacial
and sequential arrangement of crop plant and animal pop-
ulations. The arrangement of crops on a field such as strip cropping,
crop rotation such as sod-forming grass rotation systems, and tillage
methods such as minimum tillage can significantly reduce pollutant trans-
port. Control of animal populations so as to prevent overgrazing or the
concentration of animals in particular locations 'can reduce erosion,
sediment runoff, and the runoff of concentrated animal wastes.
Inputs into cropping systems which are not efficiently utilized can
become potential pollutants. Nutrient and pesticide applications should
be matched to the immediate needs of the agricultural production
systems. The timing of the applications should take into consideration
external hydrologic forces. The efficient use of irrigation water can
materially reduce the salinity buildup problems associated with runoff,
seepage, and percolation of the water not utilized by the plants.
Vegetative covering on bare, or exposed soils is any crop planted
solely to prevent, or control erosion and sediment runoff. It can be
used during the winter months, between regular crops during the growing
season, or where denuded areas have resulted from overgrazing or
some other activity. The vegetative cover protects the bare ground
from the erosive energy of falling rain and flowing runoff water and filters
out sediment actually being transported in the runoff water leaving the site.
Information Sources
The prevention and reduction measures outlined in the foregoing are
generally described in "Methods and Practices for Controlling Water
Pollution from Agricultural Nonpoint Sources, " EPA-430/9-73-015. Oct 1973.
Data on control of dust is presented in "Investigation of Fugitive Dust,
Volume 1: Sources, Emissions, and Control" EPA-450/3-74-036a
June, 1974, Specific information on the application of the measures for
agricultural nonpoint sources and water quality management is contained in
"Control of Water Pollution from.Cropland, Volume I " USDA, ARS
and EPA, ORD. November 1975. "Interim Report on Loading Functions
For Assessment of Water Pollution from Nonpoint Sources" EPA; ORD.
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November, 1975 provides data for assessing the problem. Information
on specific aspects of agricultural nonpoint source pollutants and their
control can be found in research reports of EPA, USDA, and other Federal
agencies, State and local agencies, colleges and universities, and agricultural
trade associations and in grazing and range management documents by these
groups.
Design information on various conservation methods can be
obtained from Soil Conservation Service handbooks. Specific infor-
mation on particular locations can be obtained from SCS Field Offices,
the Extension Service, soil and water conservation district offices, and
other informed agencies and groups.
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Best Management Practices
Silvicultural Nonpoint Sources of «^C C
Water Pollution \^
Silviculture is the cultivation and harvesting of timber for commercial
purposes. ~As such, the term includes all activities related to its
purpose from the planting of seeds, through those involved in the maturing
of the crop, its harvest and transportation from the growing area. In
addition to being performed on approximately 500 million acres of
commercial forest land utilized for the continuous production of marketable
timber, portions of the overall silvicultural activity take place on a number
of lands being transferred from a wooded state to another use.
Introduction
This guidance is intended to provide information regarding the control
of pollution from silvicultural nonpoint sources, and to supplement
information regarding control of silvicultural associated discharges
regulated under the provisions of the NPDES and 404(e) permit programs.
Silvicultural activities can result in the development of significant
sources of pollutants which may reach surface or ground water, most
often due to a climatic event, although certain construction or hydrographic
modification activities have been recognized under the 404(e) program
as being essentially due to a specific activity of man.
While all silvicultural activities are inter-related, those activities
producing pollutants can be divided into four classes: (1) Access systems
(log roads and other access and transport systems); {2) harvesting; (3)
crop regeneration; and (4) intermediate practices and activities. The
amount of pollutants generated by these activities are strongly dependent
upon the magnitude and characteristics of climatic events, the physical
characteristics of the area (soil type, topography, etc. ), and the
characteristics of the individual operations as they are practiced in a
specific area.
Description of Silvicultural Activities
The four general classes of activities associated with silviculture which
may produce pollutants are:
1. Access Systems- The forest access road system is constructed to
provide access for man, materials and equipment to production units
and to serve as routes for transport of harvested logs from the
production unit. Such roads are also used for management and
protection of successive timber crops, and for other access purposes,
including recreation. In terms of construction, these roads range
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from very narrow trails, through unsurfaced roads to higher speed
paved roads. The frequency of use is highly variable ranging from
intensive use to only occasional usage over a number of years.
Nationally, and in certain specifications the forest road system
is the major contributor of sediment to the streams in forested areas.
These sediment loads may originate as a result of road construction
(including stream crossings), direct erosion from the roads, indirect
erosion caused by changes in drainage patterns and systems, and
mass soil movement due to slides and slips.
In addition to the sediment problems, additional pollution problems
may be created due to debris (organic pollution) resulting from construction
and log transport, and from herbicides used to control re-growth in
the right-of-way.
2. Harvesting Systems-- The harvest system includes the process
of felling the tree, preparing it by de-limbing and cutting into desired
lengths, and moving it to a central accessable location for transport
out of the forested area. The four basic harvest systems used in the
United States include seed tree, shelterwood, selection and clear-cutting.
The harvesting of timber results in removal of cover, to some degree,
from the forest floor. Improper choice (or performance) of the harvesting
system may seriously increase the erosion phenomena and consequently,
the potential for sediment pollution. Similarly soil movement may occur
due to increased percolation resulting from removal of the vegetative cover.
After felling, the timber is moved (yarded) to a temporary storage site
or "landing" by one of three basic general methods--tractor (on skid trails).
high lead, or skyline cable. Recently, timber producers have also exper-
imented with ballon and helicopter. Obviously, the magnitude, the disturbance
of earth, and vegetative cover would be reflected on the erosive tendency
with its consequent danger of sediment pollution. Each system, when
properly chosen and operated can minimize environmental problems.
In addition to the sediment pollution, the harvesting system can create
organic pollution problems due to debris and slash washed from the forest
floor or otherwise reaching streams, pollution due to various chemicals
used in the growing and harvesting operation, and thermal pollution due to
removal of i;he canopy over streams.
3. Crop Regeneration- Regeneration of a harvested area includes both
the natural regenerative process and man's activities in preparing and improving
the site followed by planting or reseeding. The major activities include (a)
debris removal to reduce fire hazard and allow use of equipment for sub-
sequent operations, (b) reduction or removal of brush cover and undesireable
species of trees and, (c) cultivation of the soils.
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The use of fire, chemicals and soil disturbing machinery increase
the potential for sediment and other pollution to occur. The time span
for such pollution to occur is variable depending upon the climatic factors
and operational schedule.
4. Intermediate Practices- Other silvicultural processes relating to
thinning of an immature forest, fertilizer application and pesticide treatments
are undertaken during the crop cycle. In general these activities are
infrequent during the crop cycle.
The thinning process involves the removal of selected trees from
an immature forest, in essence a type of harvesting, which would tend to
generate sediment pollution, but at a lesser rate than harvesting.
Chemical application, (fertilizers and pesticides) can result in water
pollution, if improperly carried out or adversely affected by extreme and
unexpected natural event.
Pollutants Originating from Silvicultural Activities
The principle pollutants generated by silvicultural activities are
sediments and debris; chemicals, including nutrients, pesticides, and
fire retardants; and thermal effects. The origin of the pollutants is generally
related to more than one of the activities of the total silvicultural operation.
1. Sediment--Sediments are the most common pollutants resulting
from silvicultural activities. The sediments principally result from the
erosion of soils, but may also include debris and other organic waste.
Sediments upset balanced ecology within streams by smothering bottom
organisms in water bodies through the formation of bottom blankets,
interfere with the photosynthesis processes by reducing light pentration,
serve as carriers of nutrients and pesticides, inhibit fish reproduction of
many important species, and by altering stream flow and speed.
2. Nutrients-- Nutrients, above the natural levels of an area, generally
result from the application of fertilizers. Soluble nutrients may reach
surface or ground water through runoff, seepage, and percolation. Insoluble
forms may be adsorbed on soil particles and reach surface water through
erosion processes. Nutrients may also reach surface water by direct washoff
of slash, debris, and recently applied fertilizer. Excessive nutrients can
lead to imbalance in the natural life cycles of water bodies and in some cases
can be a health hazard.
3. Pesticides — Pesticides applied during forest management activites
may be insoluble or soluble. The entrance of pesticides into the surface
or ground waters follows approximately the same pattern as nutrients.
Pesticides may result in acute toxicity problems in the water bodies; or
insidious toxicity problems through the entire food chain from lowest to the
highest forms of life.
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4. Organic Pollutants-- Debris, i.e., slash and other non-
merchanable materials, are the principle organic pollutants that result
from silvicultUral activities. The pollutants may reach surface waters
through direct dumping, washoff, and leachate from log storage. The
organic materials place an oxygen demand on the receiving waters
during their decomposition. In addition they may lead to other problems
such as tastes, odors, color, and nutrients.
5. Thermal-- Thermal pollution from silvicultural activities m'ost
often results from the removal of canopy cover from stream bodies
causing water temperature to rise. Temperature is a significant water
quality parameter. It strongly influences dissolved oxygen concentrations
and bacteria populations in streams. The saturated dissolved oxygen
concentrations in streams is inversely related to temperature.
Best Management Practices for Pollution from Silviculture
Best Management Practices for silvicultural sources is the most
practical and effective measure or combination of measures which, when
applied to the forest management unit, will prevent or reduce the
generation of pollutants to a level compatible with water quality goals.
In BMP selection, it should be recognized that the variability in
sources, topography, climate, soils, etc., will in most cases preclude
a single BMP covering all activities or situations. The BMP must be
tailored to the needs of the particular source and physical conditions.
The principle emphasis should be placed on measures that will
prevent or reduce the pollutants in the runoff, seepage, or percolation
from the forest management unit. The preventive measures must be
fully integrated into the total management system for the particular
forest management unit. In essence, the soils, nutrients, pesticides,
and other chemicals must be kept on the land area where they perform
their intended function of assisting tree growth.
Because of the widespread nature of sediment runoff, erosion control
measures must be a principle thrust of the preventive program of each
management unit. Particular attention must be paid to erosion prevention
measures for logging roads and harvesting activities. In addition to primary
control measures, supplemental measures such as debris and sediment
basins should be included where necessary to further reduce or prevent the
entrance of sediments, slash, and debris into water bodies. Where nutrients,
pesticides and other chemicals cause particular problems in surface or
ground waters, further control measures may be necessary. The measures
would principally relate to the application (timing, method, and amount),
utilization, and management of the fertilizers, pesticides, and fire retardant
chemicals. Care must be exercised to insure that thermal problems in
streams are not created by removal of shade canopy. Attention to proper
forest management, engineering and harvesting principles can substantially
reduce all pollution attributable to silviculture.
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Prevention and Reduction Measures
The measures which can be applied to a timber management unit
to prevent or reduce pollutants from reaching surface and/or ground
waters can be classified as two (2) general types. These are (1) non-
structural or management decision measures, and (2) structural or
physical measures.
Management decision measures involve incorporation of water
quality protection considerations into the planning and design of activites
within the timber management unit. It is at this stage that logging access
roads locations and design, harvesting methods, and reforestation
decisions must be made. Structural measures generally involve some
physical method or technique utilized to reduce erosion and prevent
sediment runoff.
Nonstructural measures can be effective methods of reducing pollution
generated by silvicultural activities, e.g. :
A. Pollution emenating from, access systems may be greatly decreased
by careful location, design, construction and maintance of the roads.
The importance of not utilizing waterways or normally wet areas as
part of the road-access system cannot be over emphasized.
B. Pollution caused by the harvesting operation can be reduced,
under certain soil conditions, by mininizing the disturbance or
compaction of the soil. Careful location and use of skid trails,
particular when the ground is wet, will reduce sediment gen-
eration due to the skidding operation. As in the case of roads,
skid trails should not be located in normally wet areas, nor should
they utilize streams as part of the route. Lake road, the trails
should follow the countour of the land rather than provide loag steep
grades. Careful handling of debris will prevent accumulation,
which tend to act as dams in streams, and which on breakup, result
in high stream velocities causing channel erosion. Early reveget-
ation of disturbed areas will provide stabilization of the soil, thus
minimizing erosion.
C. Pollution caused by the regeneration activity and intermediate
practices can be minimized by application of proper techniques
under favorable conditions by well trained and supervised
personnel. Additional techniques, such as provisions of buffer
strips along streams may be useful.
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Structural measures are utilized when necessary to further reduce
erosion and prevent sediment runoff. These measures include culverts,
ditches, berms, catch basins, slope stablization, and various road
building techniques.
Information Sources
Reduction measures and preventive techniques are generally
described in "Processes, Procedures, and Methods to Control
Pollution Resulting from Silvicultural Activities" , EPA 420/9-73-010.
More Specific information on logging roads is contained in "Logging
Roads and Protection of Water Quality", EPA 910/9-75-008, Region X,
Environmental Protection Agency. Additional information on features
and design of specific measures and management practices may be
obtained from other Federal agencies, State agencies, and various
forestry associations and publications.
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3 DFC 1373
BEST MANAGEMENT PRACTICES
MINING NONPOINT SOURCES
WATER POLLUTION
Mining activities in the United States have affected approxi-
mately 13 million acres of land according to estimates by the U. S.
Department of the Interior. This acreage includes almost 7 million
acres which have been undercut by mining activities, and more than
3 million acres disturbed by surface mining activities. The remaining
acreage represents land used for containing mining-related mineral
waste accumulations. By the year 2000, the Department of the Interior
estimates that 30 million acres will be affected by mining operations.
While the land area presently affected by mining represents only about
0. 5% of the United States, the effects of mining upon water quantity
and quality are spread over large regions.
Introduction
Pollution from mining operations arises because the hydrology of
surface and subsurface waters is altered when the earth's crust is
disturbed to gain access to mineral values held within. The quality
of these waters very often deteriorates, and the quantity is often re-
disturbed as a result of mining operations. Water quality deteriorates
when water supplies are contaminated with soluble products present in
or generated from mining wastes. Water quantity is affected because
natural drainage patterns for surface and subsurface waters are altered.
Any-disturbance of the earth's crust will alter the environment in the
vicinity of the disturbance. The degree to which the environment is
altered depends upon the size and depth of the disturbance, the method
of the disturbance, and the nature of the disturbed materials. The
purpose of disturbing the earth in mining is to extract mineral deposits.
Methods used are determined by the placement of the minerals in the
earth. Similarly, size and depth of the mine are determined by the
distribution of the mineral at the mining site.
The extraction of minerals from the earth's crust can be accomplished
by a variety of techniques. For minerals deep in the earth, mine shafts
are sunk to gain access to the deposit. This method is usually not
used if mineral deposits are available for recovery by surface mining
techniques. Underground mining techniques tend to retrieve most of
the values in the deposit compared to surface mining techniques.
Surface mining creates more visible defacement of the earth's surface,
and results in disturbance of large land curves.
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1 8 DEC 1375
The most serious pollutant arising from mining activities is the
mine drainage generated by oxidation of pyritic materials with air in the
presence of water; this drainage is an acidic mixure of iron salts,
other salts and sulfuric acid. Mine drainage arises from both
underground and surface mining sources, and from, coal and many
metal mining operations. Coal deposits and so-called hard rock mineral
deposits are commonly associated with pyrite and marcasite, which, are
disulfides of iron. Acid mine drainage can find its way into surface
waters, where the acid and sulfate may result in severe deterioration
in stream quality. The acid can react with clays to yield aluminum.
concentrations sufficient for fish kills, and with limestone to yield
very hard waters expensive to soften. The acid can also selectively
extract heavy metals present in trace quantities in mineral and soil
formations, resulting in toxic conditions in lakes and streams.
Mining refuse waste materials left near the mining site after
raw minerals have been cleaned or concentrated is another source of
pollution. Much of this refuse contains pyritic material which can be
oxidized to acidic substances. The resultant acid water may remain
in the pile until a rainstorm, at which time it is flushed into nearby
watercourses. Mine drainage l!slugs" during storms are very detrimental
to aquatic life in surface waters.
Mining operations also generate wastes, commonly called spoil, in
the form of disturbed rock and soil. If this spoil is left in piles, erosion
and runoff will carry sediment into streams. This sediment is capable
of destroying life in streams, results in decreased capacity of streams
and reservoirs, and destroys fish and wildlife habitats.
Improperly impounded sediment may be released suddenly as a
mud slide and thus poses a direct threat to life and property.
Mining activities have a pronounced effect on groundwater supplies.
The various operations used to mine the mineral deposits can result
in alteration of groundwater distribution patterns. Aquifers containing
good water can become contaminated because some mining may
disturb bedrock formations, which permit mixing of contaminated water
with good.
Description of Mining Pollution
Water pollution caused by drainage from mining activities occurs
when dissolved, suspended, or other solid mineral wastes and debris
from mining and related operations enter receiving streams or ground
water. Mine drainage includes both water flowing by gravity or pumped
from underground mines, and runoff or seepage from surface mines
and from excavated waste materials. Polluting drainage is often corrosive,
highly mineralized, toxic to aquatic life, and may be laden with chemical
and/or soil sediments.
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Pollutants may be generated during all phases of the mining cycle
whether the commodity is coal, sand and gravel, uranium, metallic ore
or nonmetallic ore; exploration, development, mine operation, closure,
and reclamation. In many cases, water pollution can continue long
after a mine has ceased operation. Pollution caused by inactive or
abandoned mines ("orphans") presents special problems of abatement.
Mine drainage pollutants include such dissolved and suspended
constituents as acid, alkali, iron, copper, arsenic, cadmium, nickel,
phosphate, sulfate, chloride, radioactive minerals, sediment, and colloidal
contaminants.. The acids, alkalies, metals, and other minerals in mine
drainage affect water quality and water use in various ways. To many
the most dramatic effects of mine drainage pollution are the destruction
of fish and other aquatic life and impairment to aesthetic features. Mine
drainage pollution may affect the use of water for municipal, industrial
and agricultural water supply by increasing the costs for water treatment.
Identification of Sources of Pollutants
Various active unit operations within a surface or underground
mining operation produce pollutants that can ultimately enter both
surface and ground waters causing a lowering of water quality. The
discharge of pollutants from certain of these unit operations have been
classified as point sources by EPA, and certain of them have been classified
classified as nonpoint sources. Inactive and abandoned mine sites
can be considered nonpoint sources.
Nonpoint pollution from mining activities are strongly dependent on
precipitation events although there may be a significant response delay
when the ground water is the source of seepage water. The sources may
be intermittent or continuous in nature. The nature and amount of pollutants
are dependent on such factors as soil type, topography, geology, method
of mining, and hydrologic characteristics of the site.
Mining Activities
The basic mining activities that are potential causes of nonpoint
pollution sources are:
Exploration is conducted to locate a seam or other economic
deposit and to obtain quantity/quality data on that deposit. Site access.
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excavation, and drilling activities can cause surface denudation and
erosion, mineralized ground water discharge, leaching of exposed
mineralogic materials, and chemicals seepage or release.
Construction of the mine and support facilities including roads
can be a major generator of pollutants.
Runoff and seepage of ground or surface waters may contact mineral
matter exposed by the operation and result in mineralized drainage. Slides
of unstable spoil piles or disturbed steep slopes can occur causing further
landscape and stream damages.
Following the mining operation the improper sealing of underground
mines as well as unsucessful revegetation and reclamation of inactive
surface mines.
Pollutant Generation and Their Causes
Land disturbed by surface mining is a major source of sediment in
mining regions. Studies have shown that erosion and sedimentation rates
on strip-mined land are 500 times as great as those on neighboring land
that has not been stripped. Overburden dumped on the downslope areas
is one of the largest sources of sediment. The post-operative mining
period can be the period of most severe erosion. When eroded sediment
is transported to a receiving stream it can smother bottom organisms,
interfere with photosynthesis by reducing light penetration, and contribute
to flooding by filling stream channels.
Acid mine waters result from oxidation of pyrite and other iron-bearing
minerals in deposits of anthracite and bituminous coals. The reaction
of these exposed sulfur-bearing minerals (usually sulfides) with
atmospheric oxygen and water frequently forms a sulfuric acid solution
that reacts with soil and rock materials to leach out other pollutants,
commonly metals. The acidic water can be toxic to aquatic life and corrosive
to manmade structures.
Dissolved minerals contained in mine waters can be present in sufficient
concentrations to be toxic to aquatic life. Heavy metals such as copper,
nickel and zinc may be present in toxic concentrations, as well as chloride,
sulfate, or other troublesome ions. Even though one or more constituents -
is not present in toxic amounts considered singly, toxic conditions can
result from synergestic effects among various constituents.
The total mineralization, total dissolved solids content, of a water
can present a salinity problem. It normally occurs when salts contained
in geologic formations are penetrated by mining and the resulting saline
mine runoff waters enter into receiving streams or ground waters.
Aquatic life can be harmed and expensive treatment may be required
for certain uses of that water.
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1 8 DFC !P7ri
The control of water pollution from mining activities is achieved
through proper operational management and utilization of preventive
techniques, and by mine water treatment. Control of mining nonpoint
pollution sources is best achieved through prevention or avoidance. The
utilization of preventive and management techniques is the primary thrust
for the control of nonpoint mining pollutants.
There are four premises upon which mining pollution control of
nonpoint sources is based:
1. That any disturbance of the earth for mineral extraction alters
the hydrologic environment to form some amount of water pollutants;
2. That each mine site represents a unique set of chemical/physical
and hydrologic conditions;
3. That effective and efficient environmental protection from mining
impact requires a total mining plan before extraction occurs that covers
management control and preventive measures implementation throughout
the mining cycle. Thus, the plan must cover activities initiated and
implemented during the pre-extraction and extraction phases, and
conclude after extraction has terminated and adequate restoration of the
site has been accomplished;
4. That a combination of several management and engineering techniques
is usually required to effect a complete pollution control plan that prevents
or minimizes pollutants reaching ground or surface waters.
Basis For Best Management Practices Development for Mining Activities
"Best Management Practices" (BMP) means a practice, or combination
of practices, that is determined after problem assessment and examination
of alternative practices, to be the most effective, practicable (including
technological, economic, and institutional considerations) means of preventing
or reducing the amount of pollution generated by nonpoint sources to a
level compatible with water quality goals.
Best Management Practices for mining activities are the most practical
and effective measures, or combination of measures, which when applied
to a mine production s1 fce,will prevent or reduce the generation of pollutants
to a level compatible with water quality goals.
Each identified BMP will differ with the kind of mining, geographic
area and conditions, and the extent and age of the mine. A new mine may
have a different BMP than an older mine in the same locale. BMP
judgements for any specific site will recognize special problems such
as poor soils, unstable slopes, toxic conditions, and unfavorable geologic
structure. Existing regulatory requirements, future land use, and economic
effects will influence BMP developments.
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1 8 DEC 1975
There are a wide variety of measures available that will materially
reduce the amount of pollutants generated at a surface or underground
mine site. Selection and blending of the appropriate measures through
the mining cycle can be categorized in terms of four objectives.
1. Prevention of an increase in the mineralization of the ground or
surface waters intercepted by earth disturbance activities:
The quantity and quality of mine water produced can be greatly influenced
by various techniques of surface diversion, subsurface dewatering and
collection, segregration of toxic mineral matter, and proper management
and handling of intercepted water.
2. Minimization of erosion and sediment transport from all
surfaces necessarily removed of cover:
Erosion and sediment transport are problems of surface mining and
surface facilities of underground mining. Measures to mitigate these
phenomena should include grading, compaction, sediment traps and early
revegetation of disturbed areas.
3. Careful residuals management of all mining wastes to prevent
leaching and erosion:
Measures to control the adverse affects of residual materials stored
on the land surface are generally the same as those used in water diversion
and erosion control.
4. Prevention of post-operative pollution via proper mine closure
and/or reclamation measures:
Mi'ne closure and land reclamation are critical processes in the total
mining plan. Closure of underground mines to prevent continued polluting
drainage is more difficult than surface activity but a number of sealing
and diversion techniques are effective in preventing or reducing continuing
problems. A multitude of surface reclamation practices are effective
and available. They can be classed as measures to segregate overburden
and bury toxic materials, return topsoil, control erosion and sedimentation,
moderate topography, stabilize disturbed areas, and permanently revegetate
the area.
Information Sources
EPA has published various reports describing methods for management
practices and preventive techniques for the control of pollutants from
mining activities. The titles of current publications include:
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"7"
18 DEC 1975
o Processes, Procedures, and Methods to Control Pollution
from Mining Activities, EPA-430/9-73-011, October 1973 .
o Methods for Identifying and Evaluating the Nature and Extent
of Nonpoint Sources of Pollutants, EPA -430/9-73-014,
October 1973-
o Analysis of Pollution Control Costs, EPA-670/2-74-009,
February 1974.
o Environmental Protection in Surface Mining of Coal,
EPA-670/2-74-093, October 1974.
o Inactive and Abandoned Underground Mines, Water Pollution
Prevention and Control, EPA -440/9-75-007, June 1975.
o Criteria for Developing Pollution Abatement Programs
for Inactive and Abandoned Mine Sites, EPA -440/9-75-009,
August 1975.
o Compilation of Federal, State and Local Laws Controlling
Nonpoint Pollutants, EPA -440/9-75 -OH, September 1975 .
Additional information on features and design of specific measures
is available in the publications and handbooks of other Federal and State
agencies and in various mining industry publications.
EPA is committed to the management, prevention and control of
pollutants from mining sources. Authority exists under sections 208, 209,
303 (e) and 313 of P. L. 92-500 for EPA to initiate a program in conjunction
with the States to manage nonpoint sources, although the the primary
responsibility for nonpoint source management rests with the States.
Establishment and implementation of nonpoint source management programs
will be a part of the areawide planning process in designated 208 areas
as well as a part of the State water quality management responsibilities
in non -designated areas.
Point Sources of Mining Pollutants will be controlled thru the National
Pollution Discharge Elimination System Permit Program.
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BEST MANAGEMENT PRACTICES
CONSTRUCTION NONPOINT SOURCES
WATER POLLUTION ^ , .--
Construction is a broad category covering the alteration and
development of land for a different use including the installation of
structures on the land. The types of projects within the category
generally have two common characteristics, namely; (1) They involve
soil disturbance, resulting in modification of the physical, chemical,
and biological properties,of the land; and (2) They are short-lived in the
sense that the "construction phase" closes when the development and
building activities are completed. Storm waters should be controlled
for the life of the facilities to protect downstream areas.
Introduction
This guidance is intended to provide information regarding the control
of pollution from nonpoint source construction activities, and to supplement
information regarding control of construction associated descharges
under the provisions of NPDES and Section 404(e) of the FWPCA.
Construction activities can result in the development of significant
sources of pollutants which may reach surface or ground waters. About
one million acres of land are being disturbed for construction purposes
each year in the United States. Pollution resulting from these construction
areas can be catastrophic in downstream areas, particularly in small
drainages. This statement is intended to provide guidance in the control
of construction nonpoint sources and for the selection of pollution prevention
or reduction measures that are useful in reaching water quality goals.
Construction nonpoint sources are the land development and building
projects that result in the runoff, seepage or percolation of pollutants to
the surface and ground waters. The runoff of pollutants generated by
the project is strongly dependent on climatic events such as rainfall or
snowmelt. In general, the runoff is intermittent and does not provide
a continuous discharge. The nature of the pollutants depends on the
particular activities underway at the time of the rainfall or snowmelt.
Both the nature and amount of pollutants are also dependent on other
factors such as soil types, topography, project characteristics, and the
number of people and equipment involved.
Description of Construction Activities
There are many types of projects that fall within the construction
category. They generally can be classified into the following sub-
categories:
1. Land Development -- Land development involves the construction
of housing subdivisions, shopping centers, schools, recreation areas,
and related facilities. The areal extent of the land affected is generally
large although a project may be completed in segments. Topographic
slopes are usually gentle with cut and fill sections relatively minor.
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water and reducing light penetration, increasing the cost of water
treatment, damaging fish life, destroying and covering organisms on
the bottom of streams, reducing the flowing speed and carrying capacity
of streams, and impairing operation of drainage ditches, culverts, and
bridges, altering the shape and direction of stream channels, destroying
water recreational areas, and imparting undesirable taste to water.
2. Chemicals -- The major categories of chemical pollutants
are: petroleum products, pesticides, fertilizers, synthetic materials,
metals, soil additives, construction chemicals, and miscellaneous wastes
from construction.
Some petroleum products impart a persistent odor and taste to water,
impairing its use for drinking water and contact sports. Many oils have
the ability to block the transfer of air from the atmosphere into water,
resulting in the suffocation of aquatic plants, organisms, and fish. Some
petroleum products contain quantities of organo-metallic compounds
(nickel, vanadium, lead, iron, arsenic) and other impurities which can
be toxic to fish and other organisms.
The three most commonly used pesticides at construction sites are
herbicides, insecticides, and rodenticides. The unnecessary or improper
application of these pesticides may result in direct contamination of water,
or indirect pollution by dirt which settles in surface waters, or transport
off soil surfaces into water.
Nitrogen and phosphorous are the major plant nutrients used for the
successful establishment of vegetation on disturbed soils of construction
sites. Heavy use of commercial fertilizers can result in these materials
reaching water bodies to accelerate the eutrophication process.
The construction industry utilizes many different types of synthetic
products. These include structural frames, window panes, wall board,
paints, and many others. Heavy duty construction materials are synthesized
from nondegradable organic materials. They are little affected by biological
or chemical degradation agents, and are usually designed to withstand the
most severe physical conditions.
The concern over metal pollution of water bodies is associated mostly
with the heavy metals (mercury, lead, zinc, silver, cadmium, arsenic,
copper, aluminum, iron, etc. ). Metals are used extensively in construction
activities for structural frames, wiring, ducts, pipes, beams, and many
other uses. Construction vehicles, gasoline, paints, pesticides, fungicides,
and construction chemicals are also potential sources of heavy metals pollutants.
When these latter materials are weathered, decomposed and disintegrated
by various agents, they ultimately form oxides and salts that can affect
aquatic organisms.
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Soil additives are chemicals and materials that are applied to the soil
during construction activities in order to obtain desired soil characteristics.
Often construction activities cover large areas consisting of several
different types of soils. The nature of soils is dependent on the climatic,
topographic and geological conditions. The type of soil additive applied
depends on the objectives of the construction activities. Soils may vary from
one location to another in the amount of water they contain, particle size
distribution (clays, silt, sand and gravel), water infiltration rate, ability
to support heavy structures, and resistance to compaction by construction
equipment. Soil additives are used to control the amount of moisture
absorbed by roadway surfaces, to reduce the degree of shrinking and
expanding of clay soils in order to prevent structural damage of buildings
and air field runways, and to increase the firmness of soils. Several
materials are used to obtain desired soil properties. Commonly used
materials include lime, fly ash, asphalt, phosphoric acid, salt, and
calcium chloride. The soil additives carried in runoff from construction
sites alter the quality of receiving waters. However, little work has been
conducted to show the net environmental effects of these soil additives.
Many other chemicals are used in construction for purposes such as:
pasting boards together, sealing cracks, surface treatment, solvents for
oils and paints, and dyeing and cleaning. The amounts of chemicals
leaving construction sites as pollutants have not been established. Poor
construction activities that are liable to contaminate water resources include
the following practices: dumping of excess chemicals and wash water
into storm water sewers; indiscriminate discharging of undiluted or
unneutralized chemicals; disregard for proper handling procedures
resulting in major or minor spills at the construction site; and leaking
storage containers and construction equipment.
Miscellaneous pollutants include concrete wash from concrete mixers,
acid and alkaline solutions from exposed soil or rock units high in acid,
and alkaline-forming natural elements. Cuts through coal beds have
resulted in the seepage of mine acids into streams. High lime areas
often increase the alkalinity of receiving waters.
3. Biological Materials -- Biological pollutants from construction
include soil organisms and organisms of human and animal origin. They
include bacteria, fungi, and viruses. The majority of biological pollutants
are found in the tops oil layer where they can feed on dead plants, animals,
birds and other organisms.
The biological pollutants resulting from construction activity indicate
that the greatest pollution potential are of animal and human origin. They
are more prevalent on construction sites where improper sanitary
conditions exist.
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Basis For Best Management-Practices Development
Best Management Practices for construction are the most practical
and effective measure or combination of measures which, when applied
to the land development or building project, will prevent or reduce the
runoff of pollutants to a level compatible with water quality goals.
Since the amount of pollutant runoff from construction sites depends
on numerous variables such as the type of construction involved, the
quantity and intensity of rainfall, the soil characteristics, etc., it is
recognized that those particular types of control measures that will pre-
vent this runoff must be installed on the site. The proper mix of control
measures must be established on site-specific basis. Whether they are
properly installed and maintained must be checked by on-site inspection
as there is no way that effluent monitoring can accomplish this.
Best Management Practices for construction activities consist of
measures which will prevent the movement of pollutants from construction
sites. While sediment is the principal pollutant resulting from earth -
disturbing construction activities, chemicals, hydrocarbons, solid
wastes, and other materials must also be considered.
Description of Preventive and Reduction Measures
There are essentially three basic measures for controlling the runoff
of sediment from construction sites. They include: 0.) preventing erosion
of exposed soil surfaces, (2) restricting the transport of eroded particles,
and (3) trapping sediments being transported. Measures developed for
controlling movement of sediment and other materials by water generally
are also useful for controlling that generated by wind action.
Preventing erosion of exposed soil surfaces is achieved by protecting
these surfaces with such coverings as mulch; sheets of plastic, fiberglass
roving, burlap, rock blankets, or jute netting; temporary growths of fast-
growing grasses; or sod blankets. Mulch consists of hay, straw, wood
chips, bark, or any other suitable protective material. Sheets of plastic
and netting materials are generally used on steep slopes where vegetation
is difficult to establish or erosion rapid. Seeding of temporary fast-
growing grasses is most desirable when final grading cannot be done until
a later date and climatic conditions permit. Sod often is used as a covering
in critical areas susceptible to erosion.
Limiting the areal extent of soils disturbed at any one time is a usable
mechanism for minimizing erosion. It can be achieved by planning and
carrying out the job so that as work progresses existing vegetation is removed
only on that area of soil surface essential to immediate work activities.
Construction activities are completed on each exposed area and revegetation
accomplished as rapidly as feasible.
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Solid wastes should be collected at the site and removed for
disposal in authorized disposal areas. Frequent garbage removal
is essential. Any useful materials can be salvaged or recycled.
Often, borrow pits, or excavations can be filled with inert solid
wastes.
Runoff of construction chemicals resulting from paints, cleaning
solvents, concrete curing compounds, and petroleum products, can
be largely restricted by sediment control measures as many of these
materials are carried by sediment particles. Good "housekeeping"
procedures such as proper disposal of empty containers, prompt
cleanup of accidental spills, and neutralization or deactivation of
excess chemicals and wash waters should minimize runoff of the
remaining materials.
Information Sources
Nonpoint source pollution control practices discussed above in
summary form are described in more detail in the following
publications ?
"Processes, Procedures, and Methods to Control Pollution
Resulting From All Construction Activity" EPA 430/9-73-007,
October 1973
"Comparative Costs of Erosion and Sediment Control,
Construction Activities" EPA 430/9-73-016, July 1973
"Guidelines for Erosion and Sediment Control Planning and
Implementation" EPA R2-72-015, August 1972
Additional data regarding design of structures, specifications for
vegetative practices, instructions for installation of surface pro-
tective coverings, and other useful measures are available in
numerous published standards and specifications, manuals, hand-
books, or guides. They are generally prepared and issued in local
areas by States, Counties, or Conservation Districts, with the
assistance of the U. S. Soil Conservation Service.
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DRAFT
12FEB 1976
BEST MANAGEMENT PRACTICES
URBAN RUNOFF SOURCES OF WATER POLLUTION
Urban runoff pollution is the result of precipitation washing the
surface of a city—the pollution associated with this runoff being
inevitably a consequence of human activity. Urban runoff contributes
significant amounts of pollution to receiving water. These sources
may be either point or nonpoint, or combinations of the two. In
meeting this problem, this guidance is intended to provide information
regarding the management of pollution from urban runoff and to supplement
information regarding control of urban runoff under NPDES requirements.
Introduction
Pollution from urban runoff occurs when precipitation flushes the
urban environment and carries pollutants to receiving waters. As surfaces
are flushed, the polluted water flows overland toward the collection
systems. The initial collection systems are the land surface, roof tops,
parking lots, and the like, which slope toward secondary collection
systems (roadways, streets, gutters, and drains). It is there that
surface water concentrates as it flows into the sewerage. .These
systems are of two general types: seperate or combined. Separate
storm sewers carry, in addition, untreated municipal and industrial
wastewater. On the other hand, separate storm sewers discharge directly
other hand, usually have flow-splitting devices which, during high flows,
bypass a high percentage of untreated combined sewage directly to the
receiving waters. The remaining smaller fraction receives some treat-
ment before being discharged.
Polluted runoff contains substantial amounts of organic material,
inorganic solids, and coliform bacteria. Other pollutants include
nutrients, pesticides, and heavy metals. Clearly, these pollutants
degrade the receiving water quality. This degradation often results in
decreased dissolved oxygen levels and high turbidities. Coliform bacteria,
indicate the_presence of pathogenic bacteria which are pollutants.
Moreover, nutrients, in the form of nitrogen and phosphorus, contribute
to increased eutrophication rates. Although runoff contains pesticides
and heavy metals, their impact on the aquatic environment is as yet
largely unknown, though recent evidence suggests that the presence of
heavy metals decreases the diversity of aquatic biota.
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Problems related to water quality degradation resulting from
unregulated, or poorly regulated runoff are accelerated erosion of
land area and stream banks, sediment deposition in channels, increased
flooding, increasing potential for public health problems and deter-
ioration of aesthetic quality. Indeed, the total pollutant loads of
stormwater, during storm runoff periods, can exceed by many times
that of municipal treatment plants. This condition could very well
preclude meeting water'quality standards—regardless of the degree
of treatment afforded dry weather wastewater flows.
Nature of the Problem
If one word can describe the nature of the urban runoff problem,
that word would be variability. For example, the quantity and
quality of storm overflows can vary with respect to storm character-
istics, antecedent conditions, time, location,'degree of urbanization
or even other factors.
While stormwater runoff problems may be characterized by their
variable nature, the ultimate cause of this pollution may be traced
to the activities of man. Four examples are:
1. Fa11 out from the Air- Fallout or washout from the air contri-
butes substantial amounts of particulate matter. Winds carry dust and
dirt into and out of an area, but leave large amounts trapped within
the area.
2. Residue from Transportation- Automobiles, trucks, and buses
remain a major source of suspended solids, chemical oxygen demanding
material, and heavy metals, especially lead.
3. Debris from Man's Carelessness- Street litter--an accumulation
of trash—is a major source of orgam'c material.
4. Washoff from Construction- Runoff from urban construction sites,
whether it is from new developments, or redevelopment, contributes sig-
nificant amounts of sediment.
Sediment remains the most common pollutant which results from these
activities. It exists ubiquitously in an urban area. Recent evidence
indicates that heavy metals, nutrients, and some pesticides may adsorb
or cling to sediments.
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Concept
The object of nonpoint source controls is to protect the beneficial
uses intended for receiving waters. While treatment appears an availa-
ble means to achieve this end, its cost remains prohibitive. A less
costly alternative is, then, to address the sources and causes of
pollution. Best Management Practices achieve this goal through the
reduction and prevention of pollution. Such is the principal focus of
the BMP concept.
Management practices may be divided into two groups: those most
useful for existing or developed areas and those more applicable to
new or developing areas. Problems of developed areas occur where
structures and pavements are in place and where drainage is accomplished
primarily through sewering. In the densely populated commercial, and
industrial subareas, management techniques such as improved sanitation
practices and improved maintenance practices are most effective. Such
techniques reduce the amount of pollutants, that can enter the drainage
system.
The "preventive" concept best applies to developing urban areas,
for these are areas where man's encroachment is minimal and drainage is
essentially natural. These areas offer the greatest flexibility of
approach in preventing pollution. What is required, therefore, is to
manage the development in order to maintain a runoff regime as close to
natural as possible. It is in these new areas where proper management
practices can prevent long term problems.
The philosophy of flow attenuation underlies the preventive objective
of the BMP concept. Flow attenuation, as an approach to controlling the
rate of urban runoff, is well documented. It is concerned directly with
runoff as it moves over the surface of the urban area to the initial
collection system. Flow attenuation, in an hydrologic sense, means to
increase the time of concentration and decrease the magnitude of the peak
runoff. Less erosion results because reduced runoff velocity reduces the
erosion force. Furthermore, with this technique large volumes of water
are not allowed to rapidly accumulate at constructions, but flow at
reduced rates over a longer period of time, thus diminishing the possi-
bility of localized flooding. Management practices focus on the sources
of pollutants and their means of conveyance. The improvement to water
quality is a result of reduced loadings to the receiving water.
ment to water quality is a result of reduced loadings to the receiving
water.
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Management Options
Best management practices, within the urban area, are an integrated
approach using source and collection system management. Source manage-
ment is defined here as those measures for reducing or preventing pollution
through good "housekeeping" methods. Examples of "housekeeping" techniques
are:
1) Street cleaning,
2) Sewer flushing,
3) Catch basin cleaning,
4) Improved waste collection,
5) Stock pile covering.
Source management addresses the pollutants where they accumulate, before
they are washed into the receiving water.
Collection system management, as used here, includes all alternatives
pertaining to collection systems which begin from the ground surface and
end with the sewer outfall. Examples include devices such as:
1) Detention basins,
2) Recreation lakes,
3) Debris dams,
4) Playground or parking lot temporary storage,
5) Roof tops, and
6) Use of flow separating devices such as the swirl concentrator,
7) In-systems devices such as
a. Use of existing sewers for storage
b. In-line tunnels
c. Addition of polymers
d. Inflow/infiltration reduction, etc.
8) Groundwater Recharge
Collection system management is concerned with reducing the amount and
rate of runoff and in addition, the number of overflows in combined sewers.
Reuse of stormwater should be considered as a management option in
those areas of the country that are water deficient. Runoff, from sur-
face storage, can be used for such nonpotable uses as fire fighting or
lawn irrigation. Groundwater recharge should be considered where it is
practicable, and the quality of the recharging water would not pollute
the receiving aquifer.
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An integrated approach would include source management to reduce
pollutant loads and collection system management to reduce infiltration,
overflows, and rate of runoff. BMP's should thus stress both source and
collection system management. The management goal is to reduce or prevent
pollution in order to meet water quality objectives at a minimum cost.
Developed areas are subject primarily to housekeeping type techniques
—reduction of loadings being accomplished by actual sweeping after the
fact. Preventive approaches such as increasing percolation into the soil,
and attenuating runoff through surface storage, are possible and should
be considered when redevelopment occurs. The highest degree of flexibility
of approach and probability of sucess is in the developing areas as control
can be built into the project. The opportunity to contain the urban runoff
problem and avoid long term problems is such that high priority should be
given to planning and implementation of management programs in all areas.
In forma tion Sou rces
Information on load estimating, management techniques, and tech-
nology assessment for the reduction and prevention of pollution from
urban runoff can be found in the following publications:
1. "Interim Report on Loading Functions for Assessment of Water
Pollution from Nonpoint Sources", EPA-Project #68-01-2293, U.S.
Environmental Protection Agency, Washington, D.C., 20460, November 1975.
2. "Water Quality Management Planning for Urban Runoff", EPA-440/9-75-004,
U.S., Environmental Protection Agency, Washington, D.C. 20460
December 1974.
3. "Practices in Detention of Urban Stormwater Runoff", Herbert
Poertner, Office of Water Resources Research and Technology, U.S.
Department of the Interior, Washington, D.C., June 1974, NTIS order
number: PB 234554.
4. "Water Resources Protection Measures in Land Development - A
Handbook", Office of Water Resources Research and Technology, U.S.
Department of the Interior, Washington, D.C., April 1974, NTIS order
number: PB 236049.
5. "Urban Stormwater Management and Technology - An Assessment",
EPA-670/2-74-040, U.S. Environmental Protection Agency, Washington,
D.C., 20460, December 1974.
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BEST MANAGEMENT PRACTICES
TO MINIMIZE WATER POLLUTION DUE
TO HYDROLOGIC MODIFICATIONS
Introduction
Many development activities within planning areas necessitate
hydrologic modifications as an essential feature. These include
(1) channel modifications; (2) construction of dams to impound stream
flows; (3) other types of construction activities; and (4) resource
recovery operations actually located in streambeds. In addition, there
are many land development activities which, if not properly controlled,
may result in unintended, and often undesirable, hydrologic modifications.
In many instances these activities result in topographic and ground cover
changes which could affect surface runoff rates, volume and direction
adversely. Such effects are often experienced in areas undergoing
rapid urbanization.
Hydrologic modifications may be of local or regional scope, and
are being (or have been) implemented in areas extending throughout
the nation, affecting both intra-and interstate waterways.
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Description of Hydrologic Modifications
Hydrologic modifications resulting in nonpoint source pollution are
activities that either directly or indirectly affect, or have affected,
the natural stream-flow and associated groundwater regime detriment-
ally. Pollutants are consequently added to the surface and ground
waters from the diffuse runoff, or by seepage or percolation. The
levels of many of these pollutants are influenced by climatic events such
as rainfall and the seasonal temperature changes, in addition to the effects
of soil types and topography, and operating practices. Reference to
hydrologic modifications as sources of non-point pollution should not be
mis-construed as eliminating them, from consideration as point sources
with respect to certain aspects, which require control under the NPDES
and 404(e) permit programs.
Channel Modifications
Channel modifications are implemented primarily for flood control,
erosion reduction or for drainage purposes. Such structural changes
as dikes, levees, piers, docks, bridges and road fills may require or
result in channel modifications which would not otherwise have occured.
There are seven different types of modifications which are potential
nonpoint sources of pollutants. They are:
1. Clearing and snagging operations to restore the former hydraulic
capacity of a streambed. This is basically a periodic maintenance
operation.
2. Channel excavations which enlarge and reshape an existing
channel, or which provide a new channel in its place.
3. Channel realignment to eliminate meanders that have developed
in the natural streambed.
4. Construction of floodways to relieve the streambed of excessive
flows of storm water. These are normally dry.
5. Construction of retarding basins for the temporary storage of
excess flows of storm water.
6. Construction of debris retention basins to hold back debris
during periods of high water, which might otherwise result
in extensive downstream erosion and pollution.
7. Construction of drainage ditches or deepening existing ditches.
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Impoundments
Dams are constructed to impound surface waters for water supply,
flood control, fish and wildlife, hydropower, navigation, irrigation,
flow diversion, low flow augmentation, and combinations of some or all
of these reasons. They are usually assigned to one of the two following
categories:
1. Run-of-the-river impoundments, which characteristically have
low heads and water detention times limited to a few days.
2. Storage reservoirs, which are usually located on tributaries,
with high heads, and encompassing an extensive area outside the
original channel.
Various Construction Activities
All types of ground-disturbing construction activities result in
modifications to existing drainage flows, and if not given adequate design
consideration, such hydrologic changes may become sources of water
pollution. Construction nonpoint sources of pollution are the subject
of a separate guidance document, and will not be covered here in detail.
When a construction project includes potential nonpoint sources result-
ing from hydrologic modifications, those best management practices
recommended in that document need to be implemented.
Resource Recovery Operations
The resource recovery activity of primary importance is that of
the sand and gravel operation. However, mineral recovery operations
of any kind which will disturb the existing streambed must be considered,
as well as should oil and gas wells (exploratory and production), located
in bodies of water.
Withdrawal and Recharge Activities
Surface and ground water withdrawal and recharge activities may
produce undesirable effects such as reducing waste assimilative capacity,
damage to fisheries, saltwater encroachment, surface subsidance, induced
recharge, and mixing of water in aquifers of differing water quality.
Other Types of Activities
Concurrently prepared best management practices guidelines are
available for activities incorporating hydrologic modifications in
agriculture, silviculture and other categories, in addition to construction.
However, best management practices should be applied for all other
activities involving hydrologic modifications, even if they are not
specifically identified by guidelines.
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Identification of Pollutants
Six general types of nonpoint source pollutants that result from
hydrologic modifications are:
1. Sediment- Sediments are one of the most prevalent non-point
source pollutants, occurring as a result of most types of hydrologic
modification activities to varying degrees. The degree of pollution
from sediments will vary with streamflow, snowmelt and rainfall runoff,
soil types, and bedload characteristics, and will be most intense during the
period when construction activities have removed vegetative cover,
until it can become re-established. Since they are a naturally occuring
phenomenon, present due to erosional processes, they will normally be
evident to some degree even with application of best management practices
to control manmade sources. Where the sediments settle, bottom organisms
can be smothered, and spawning beds can be destroyed. The increased
turbidity during the transport phase will interfere with ligh penetration,
hindering photosynthesis, and is a hazard to boaters, swimmers and
water skiers. Sediments are also carriers of nutrients and pesticides
which may have become adsorbed to their surfaces.
2. Nutrients-Where Hydrologic Modifications located in agriculture-
intensive areas result in increase runoff rates and streamflow velocities,
the natural level of nutrients may be increased. In urban areas, similar
circumstance will increase nutrient levels as a result of fertilization of
lawns and gardens, but the amount of increase will be lower. Soil
erosion also contributes to the problem by carrying adsorbed nutrients
well beyond the areas that would normally be affected.
3. Pesticides- A similar pollution problem may be experienced with
respect to pesticides as was described for nutrients, unless integrated
pest management has been instituted.
^' Thermal- This form of pollution may result from channel mod-
ifications or impoundment construction. Not only is the temperature
change that might occur a problem by itself with respect to sensitive
aquatic life, but it can lead to serious changes in the dissolved oxygen
level in the water body. As s.n example of the type of problem that might
be experienced in channel modification, if the normal tree cover is
removed, and the channel is widened to handle design flood flows, the
resulting shallow normal flow will be exposed to increased solar radiation,
with attendant temperature increases, and a reduced capacity for dissolved
oxygen. Impoundments that become stratified during the summer and
winter may become oxygen deficient, which can, in turn, cause low
dissolved oxygen problems downstream of the discharge.
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5. Chemicals - Hydrologic modifications such as dredging, with the
attendant necessity to suitably dispose of the spoil, may result in
release of pollutant chemicals from the spoil through leaching
or percolation. The fines re-suspended in the streambed are another
potential source of pollution if adsorbed chemicals are released. Changes
in pH and dissolved oxygen levels that may occur in impoundments may
cause release into solution of certain types of chemicals previously
insoluble. Modifications that lowered the groundwater table sufficiently
in coastal areas could result in saltwater intrusion into a freshwater-
aquifer, with attendant salinity degradation.
Chemical stabilization techniques applied for control of fugitive
dust and/or nonpoint source pollution will require coordination.
Techniques selected must be complementary, rather than conflicting, with
the choice of action selected being that which produces the best total end
result, with respect to control of both nonpoint source pollution and
fugitive dust.
6. Microorganisms - Modifications could result in pathogenic
microorganisms entering the water from runoff or percolation and
seepage. Changes in the existing flow regime must consider the effect
on potential sources of such organisms.
Considerations For Best Management Practices Selection
Best Management Practices for hydrologic modifications is the most
practical and effective measure, or combination of measures, which
will prevent or reduce the generation of pollutants, upon implementation,
to a level compatible with water quality goals.
The BMP selected for a specific hydrologic modification will not
necessarily be the same in different areas of the country. Soil types,
topography, climate, existing condition, local zoning and land use
regulations, etc., must be considered in assessing the problem. The
final determination of which BMP alternatives to apply in any specific
case must suit the site conditions, and include appropriate public part-
icipation. BMP must be considered at the earliest stage practicable,
and throughout the problem identification and analysis planning, design
and construction phases.
The principal emphasis should be placed on measures that will
prevent, or minimize nonpoint source pollutants which would be
generated by the specific hydrologic modification. All preventive measures
must be fully integrated into the total management system for every
hydrologic modification. In brief, the changes introduced should
pz'oduce conditions similar to those existing in nature which past
experience has proved will effectively control the potential pollutants,
and maintain or improve the water quality, while avoiding changes which
would be detrimental.
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As in other areas of nonpoint source pollution, erosion control
measures are an essential feature of most hydrologic modifications.
Controlling sediment-bearing runoff will reduce the amount of adsorbed
nutrients, pesticides and other chemicals that reach the nation's
waters. Designs for modification must recognize this problem and
provide suitable construction provisions as a part of the project.
(With respect to pesticides, integrated pest management must be
given suitable consideration. ) Subsequent operation and maintenance
activities must continue to apply best management practices to assure
the continued success of the pollution prevention measures.
The potential for thermal pollution problems must be assessed
for some types of hydrologic modifications, and suitable control
measures must be applied. The choice of type of modification may
even be determined by the need to control pollution of this type.
Prevention and Reduction Measures
The measures which can be applied to hydrologic modifications to
prevent or reduce pollutants from reaching surface or ground waters
may be vegetative, structural or institutional or a combination, in
addition to those mentioned for agriculture, silviculture, etc., in the
documents developed for pollutants related to those activities. Institut-
ional measures relating to land use should not be overlooked, but will
be more easily applied in non-urbanized locations. The variety of
structural and vegetative control measures will be discussed in detail
in applicable sections of this handbook.
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DRAFT
*
BEST MANAGEMENT PRACTICES
TO MINIMIZE WATER POLLUTION DUE
TO RESIDUAL WASTES
The other nonpoint source categories of agriculture, silviculture,
mining, construction, urban runoff, and hydrologic modification often
produce residual wastes through their activities. These discarded
materials must be properly handled to provide for our health and
environmental protection. Our choices in problem solution are
limited. Wastes may be disposed of, recovered for some use, or
reduced at the source of generation.
Millions of tons of residual wastes are disposed annually,
generally by burying or burning and burying; this results in various
degrees of environmental harm to air, land and water. Surface and
ground water damage result when the pollutants from these residual
wastes are conveyed to waters by run-off and infiltration. Using
the residual waste generated by wastewater treatment plants as a base
factor of one, residential and commercial sources generate about 17
times as much waste as generated by wastewater treatment plants, and
industry produces about 35 times the base amount. Agriculture pro-
duces 2 1/2 times the waste produced by industry, and mining produces
7 times that amount.
The following guidance is intended to provide information regarding
the control of pollution from nonpoint sources of residual wastes and
to supplement information regarding control of residual waste pollution
associated with discharges regulated under the requirements of NPDES.
Introduction
Residual wastes are defined as those solid, liquid, or sludge
substances frcm man's activities in the urban, agricultural, industrial,
and mining environment not discharged to water after collection and
necessary treatment. Residual wastes include, but are not limited to:
. Sludges resulting from water and domestic wastewater treatment,
industrial processes, utility plant processes and mining
processes;
. Solids resulting from industrial and agricultural processes
and from nonprocess industrial and commercial activities
(demolition wastes, mine tailings, incinerator residues,
dredge spoil, crop residues, feedlot wastes, and pesticide
containers);
. Liquids resulting from industrial side streams and from agricul-
tural product processing.
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-2-
Residual wastes must be considered as largely untapped resources
with unrealized potentials for beneficial uses. The minimal use of
residual wastes has primarily resulted from the traditional considera-
tion of such wastes as a problem rather than as potential assets. The ocean
and land have been the final resting places for societies' residues,
because they have been the most economical. This attitude has resulted
in dumps with few siting considerations, a lack of site maintenance
and no emphasis for resource recovery.
As treatment requirements become more stringent with further
implementation of the Federal Water Pollution Control and Clean Air
Acts, residual wastes will greatly increase and will contain a wider
range and greater concentration of pollutants.
Management programs for handling vast quantities of residuals
often fall short of providing adequate protection of water quality.
Frequently, procedures intended to abate air and water pollution problems
worsen residual waste problems. Since residual wastes are the end-
product discards of all processes, the management of residual wastes
clearly cannot continue to be considered separately from the overall
management processes and systems that produce the wastes. Just as
the environment -- air, water and land -- must be considered a
continuous whole, and be treated as such, residual waste problems
cannot be successfully segregated into individual components for
separate particularized handling. All considerations must be inte-
grated into a problem-solving approach that will achieve total waste
management, on an areawide basis, with emphasis upon (1) recovering
the resource values contained in any such wastes, and (2) the satis-
factory, sanitary disposal of any element or portion of the residual
wastes not amenable to resources recovery processing or without
economic value for such processing.
Identification of Pollutants
The types of wastes and their composition have changed greatly
over the past three decades, due largely, to changes in lifestyle
and to the great diversity of new products on the market. The wastes
society generates are conveniently classified into hazardous and
nonhazardous. The biological, chemical, and physical actions of
the environment can, with unacceptable control measures, act on these
residuals to release their hazardous and undesirable constituents to
the environment.
-339-
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-3-
Water quality problems which can result from the released waste
constituents exceeding the assimilative capacity of the receiving
water include: aesthetic deterioration, dissolved oxygen depletion,
bacteria/virus contamination, suspended solids, dissolved solids,
nutrients, and metals/pesticides/persistent organic toxic compounds.
All of the above problems are directly or indirectly associated with
precipitation, which provides mobility to the waste constituents.
For the most part, nonhazardous residual wastes are a local or
regional problem. The Federal role has been to identify and test
possible solutions, with State and local governments responsible for
implementation. Hazardous residual wastes are a problem of national
scope, with Federal laws controlling the storage and disposal of
waste pesticides and containers, and radioactive wastes. This limited
Federal authority leaves many gaps in the disposal of hazardous wastes.
Concept of Best Management Practices
While the residual waste situation is technologically, economically,
governmentally and socially complex, it can be made to succumb to a
sound, results-oriented program of conceptualization, investigation,
analysis and evaluation, planning and programming and (most importantly)
the exercise of capable leadership and strong resolve to implement
areawide programs and systems.
This approach infers that residual waste problems can best be
corrected by the implementation of Best Management Practices (BMP)
which can be expected to result systematically in flow attenuation
of waters, waste stabilization, waste reduction, and resource recovery
and recycling. BMP approaches cannot be established and utilized
individually, but must be integrated into an overall system for the
effective management of residual wastes. Everything works interdepend-
ently. Flow attenuation, while reducing entrained run-off pollutants,
can actually increase infiltration and increase the requirement for
waste stablization. Reducing wastes at the source by preventing the
production of wastes, and, at the disposal end, through the resource
conservation can either eliminate the residues from many manufacturing
processes, before they appear as wastes, or prevent the residuals from
coming into extensive, dis-beneficial contact with the environment.
Management Techniques
Many techniques can be applied to the management of residual wastes,
and the alternatives can be divided into two general categories:
(1) Innovation. This would include, particularly, the development
of source reduction techniques (basically administrative) and systems for
the recovery or recycling of residual wastes (basically technological
and institutional). Reference must be continually made to the total waste
management system, including in-process treatment,or containment pro-
cedures.
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-4-
(2) Application of existing techniques. This would involve the
utilization of demonstrated state-of-the-art techniques to remedy
problems; basically, this would be an extension of the present process.
A BMP might be included in either of the above categories.
However, EPA encourages the first: innovation. Over the long term,
the innovative approach will result in accomplishing the greatest
source reduction and the greatest recovery of resources, as well as*
the abatement of pollution. Actually, pollution abatement is achieved
almost as a by-product of the innovative process.
However, both approaches are equally amenable to standard admin-
istrative and regulatory practices. The end goal of the approach
should be to provide sufficient reduction in pollutants to enable
the meeting of designated water quality objectives at minimum cost.
Any BMP should consider that-cost considerations are vital and
that treatment alternatives will be used only when lower cost
alternatives fail to provide the required reduction in pollutants.
The greatest degree of freedom in alternative selection will be under
new source conditions where existing decisions and capital investments
will not be overriding factors. These new source condition controls
will permit the greatest short-term accomplishment. The implementation
of BMP's under existing source conditions cannot be accomplished
overnight. The key to successful existing condition control is orderly
transition. It is necessary that any action be phased in over time
in such a way that adverse consequences are minimized or eliminated.
The BMP concept must recognize that capital investments and individual's
jobs must be counted and no change should be implemented until all
the benefits and costs have been weighed. These criteria must'be
weighed against the urgency of water quality requirements and objectives,
which are insistent that certain ameliorating actions be taken.
Solutions, under a BMP, should be directed toward meeting the
following key needs:
. the need to design a workable, flexible system;
. the need to use, establish, or modify appropriate institutional
arrangements (laws, organizations, processes);
the need to reduce uncertainties, promote actions to implement;
. the need to establish a sense of urgency, improve schedule;
. the need to establish a process of continuous improvement
through research and development in the local area;
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the need to help people get started on a coordinated basis --
incentivization;
. the need to give adequate attention to all public information
and education programs.
Any BMP must meet certain general and specific criteria. General
criteria are provided in the States Water Quality Management Guidelines.
The specific criteria for a residual waste BMP follow:
Geographic Situation
The geology of our country can vary widely over short distances,
resulting in numerous soil types and hydrologic profiles. Residual
waste disposal and use alternatives must consider these variables
as they determine the mobility of waste components in this under-
ground portion of the environment. Topography of the sites (terrain
slope, type of surface covering and distance between surface hydro-
logical features) affects waste component mobility. The BMP must
examine these variables to prevent waste from being transferred between
envirpnment.al structures, ultimately impacting water quality objectives.
Meteorological Conditions
The frequency, intensity, and duration of precipitation within and
outside of the site will affect the surface water infiltration and
material deposition and movement. Precipitation can be in a number of
forms, but rain and snowmelt account for the major volumes. The ambient
temperature can determine the rate of snowmelt and the biological
activity of a site. The absolute humidity as it affects biological
activity and physio-chemical alterations of nonconservative waste
components can make new products that are more or less environmentally
toxic and mobile than the parent material. As meteorological activity
can directly affect water component mobility, the BMP must be compatible
with these environmental influences.
Demographic Conditions
The practicability of certain BMP's can depend upon high densities
of population or industry(ies) being present or absent in a given area.
Frequently, there are critical limits at which resource recovery and
waste reduction become feasible alternatives. Also, as mentioned
earlier, capital investment and individuals' jobs must be weighed when
considering implementation of a given BMP.
Socio-Political Infrastructure
The BMP must address more than the residual wastes, their composition
and their movement^and the . technical or technological problems of
their management. Any waste management system that is handling a problem
as pervasive as the management of residual wastes must be inlaid into a
socio-economic and socio-politicel "envelope" that has. its own problems
-342-
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-6-
in dealing with the type of management system that will ultimately
emerge for the management of residual wastes. These problems will
include the development of areawide (regional) resolve to implement,
and a structure and process through which management may be exercised.
Developing these programmatic elements in the face of interlocal/inter-
governmental political and economic rivalries,;and the social differences
that may occur within a given region calls for the development of new
patterns for working together, new programs for promoting public under-
standing and reducing public apathy^and the devising of such instruments
of public policy as strong local and State legislation to establish
viable structure and process and reduce marketing uncertainties.
The following specific examples of alternative strategies are
provided for planning purposes only. They are not recommendations.
Use of any one or more of these specific examples should be based upon
a comprehensive, areawide, interdisciplinary investigation and the
development of specific recommendations from the data.
Source Reduction
The source reduction strategy involves techniques whicn are
basically legislative and administrative in nature. Examples include:
, Design and use of products that live longer.
. Design and use of products which have less material weight.
. Monetary incentives (beverage container deposits).
Resource Conservation
Source Separation and Centralized Processing. The source separation
strategy involves a system of low technology techniques. Examples include:
. Separation of waste materials in the home.
. Separation of waste materials at commercial establishments.
. Separation of waste materials at industrial establishments.
The centralized processing strategy involves high technology,
capital-intensive systems. Examples include:
. Fuel (solid, gas, liquid) and material (ferrous and nonferrous
metals, glass) recovery plants.
. Energy conversion facilities (retrofits, new boilers).
. Material conversion facilities (de-tinning plants, minimills,
glass products plants, smelters).
• Transportation systems.
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-7-
Disposal
The disposal strategy generally involves low-technology systems,
Examples include:
. Construction and demolition waste;
. Lined lagoon and landfill
. Waste stabilization;
. Landfill stockpiling for potential future recovery.
Information Sources
EPA has published numerous reports describing methods for
management practices and preventive techniques for the control of
residual wastes resulting from man's activities. Many of the
practices described above are discussed in some detail in the
following publications. This listing is by no means exhaustive
and the user is encouraged to look further.
. Residual Waste Management Research and Planning Projects,
EPA-WPD 09-75-01, September 1975.
. Sludge Processing, Transportation and Disposal/Resource
Recovery: A Planning Perspective; EPA-WPD 12-75-01,
December 1975.
. Interim Report on Loading Functions for Assessment of
Water Pollution From Nonpoint Sources, EPA Project
No. 68-01-2293, November 1975.
. Development of Residual Management Strategies EPA 600/1-76-01,
January 1976.
. Residual Waste-Best Management Practices Handbook,
EPA-WPD 02-76-01, February 1976.
Additional information regarding institutional structures and
methods of implementation will be provided in later publications.
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APPENDIX 11-2
BEST MANAGEMENT PRACTICES
SELECTION BY SOURCE CATEGORY
Source: Adapted from a chart developed by Robert M. Craig, State
Resource Conservationist, Soil Conservation Service,
Gainesville, Florida; Louie P. Heard, Environmental
Coordinator, Soil Conservation Service, Gainesville,
Florida
-345-
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SOIL CONSERVATION SERVICE
CONSERVATION PRACTICES
LEGEND
PRACTICE NAME AND UNIT
AR-Access Road (Ft.)
Bd-Bedding (Ac.)
BM-Brush Management(Ac.)
CS-Chiseling and Subsoiling (Ac.)
Cl-Clearing and Snagging (Ft.)
CP-Commercial Fish Ponds (Ac.)
SC-Conservation Cropping System (Ac.)
CF-Contour Farming (Ac.)
CO-Contouring Orchard and Other Fruit Area
CC-Cover and Green Manure Crop(Ac.)
CP-Critical Area Planting (Ac.)
CU-Crop Residue Use (Ac.)
DD-Dam, Diversion (No.)
DM-Dam, Multiple-Purpose (No. & Ac.Ft.)
DB-Debris Basin (No.)
DG-Deferred Grazing (Ac.)
Di-Dike (Ft.)
Dv-Diversion (Ft.)
DS-Drain System Structure (No.)
DL-Drainage Land Grading (Ac.)
ET-Emergency Tillage (Ac.)
FF-Farmstead and Feedlot Windbreak (Ac.)
Fe-Fencing (Ft.)
FB-Field Border (Ft.)
FW-Field Windbreak (Ft.)
Fb-Firebreak (Ft.)
FR-Fish Raceway (Ft.)
FS-Fish Stream Improvement (Ft.)
FM-Fishpond Management (No.)
FD-Floodwater Diversion (Ft.)
Fl-Floodwater Retarding Structure (No. & Ac.)
Fy-Floodway (Ft.)
GS-Grade Stabilization Structure (No.)
GW-Grassed Waterway or Outlet (Ac.)
GR-Grasses and Legumes in Rotation (Ac.)
GM-Grazing Land Mechanical Treatment (Ac.)
HU-Heavy Use Area Protection (Ac.)
HP-Hedgerow Planting (Ft.)
HD-Hillside Ditch (Ft.)
PRACTICE NAME AND UNIT
IC-Irrigation Canal or Lateral (Ft.)
ID-Irrigation Field Ditch (Ft.)
IL-Irrigation Land Leveling (AC.)
IR-Irrigation Pit or Regulating
Reservoir (No.)
(Irrigation Pit)
(Regulating Reservoir)
Iv-Irrigation Storage Reservoir
(No.&Ac.Ft.)
IS-Irrigation System (No. & Ac.)
Drip (No. & Ac.)
Sprinkler (No. & Ac.)
Surface & Subsurface (No. & Ac.)
IT-Irrigation System, Tailwater
Recovery (No.)
IM-Irrigation Water Management (Ac.)
IC-Irrigation Water Conveyance (Ft.)
Ditch and Canal Lining (Ft.)
(Nonreinforced Concrete)
(Flexible Membrane)
(Galvanized Steel)
Pipeline (Ft.)
(Aluminum Tubing, Plastic
Tape Coated)
(Asbestos-Cement)
(Nonreinforced Concrete)
(High Pressure Underground
Plastic)
(Steel)
(Reinforced Plastic Mortar)
LC-Land Clearing (Ac.)
LS-Land Smoothing (Ac.)
LW-Lined Waterway or Outlet (Ft.)
LE-Livestock Exclusion (Ac.)
MT-Minimum Tillage (Ac.)
MD-Mole Drain (Ft.)
Mu-Mulching (Ac.)
OR-Obstruction Removal (Ac.)
OC-Open Channel (Ft.)
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PRACTICE NAME AND UNIT
PM-Pasture and Hayland Management (Ac.)
PP-Pasture and Hayland Planting (Ac.)
Pi-Pipeline (Ft.)
PG-Planned Grazing Systems (Ac.)
Pd-Pond (No.)
PL-Pond Sealing or Lining (No.)
Flexible Membrane (No.)
Soil Dispersant (No.)
Ben ton He (No.)
Cationic Emulsion - Water-Borne Sealant
Asphalt Sealed Fabric Liner (No.)
PB-Prescribed Burning (Ac.)
PU-Proper Grazing Use (Ac.)
PW-Proper Woodland Grazing (Ac.)
PD-Pumped Well Drain (No.)
PC-Pumping Plant for Water Control (No.)
RS-Range Seeding (Ac.)
RM-Reclamation of Surface Mined Land
RI-Recreation Area Improvement (Ac.)
RL-Recreation Land Grading and Shaping (Ac.)
RT-Recreation Trail and Walkway (Ft.)
RW-Regulating Water in Drainage Systems (Ac.)
RB-Rock Barrier (Ft.)
RA-Row Arrangement (Ac.)
SS-Spoilbank Spreading (Ft.)
SD-Spring Development (No.)
ST-Stock Trails and Walkways (Ft.)
SC-Stream Channel Stabilization (Ft.)
SP-Streambank Protection (Ft.)
St-Stripcropping, (Ac.)
Contour (Ac.)
Field (Ac.)
Wind (Ac.)
SW-Structure for Water Control (No.)
SM-Stubble Mulching (Ac.)
Sb-Subsurface Drain (Ft.)
Sv-Surface Drainage (Ft.)
Field Ditch (Ft.)
Main or Lateral (Ft.)
Te-Terrace (Ft.)
TR-Toxic Salt Reduction (Ac.)
TP-Tree Planting (Ac.)
TT-Trough or Tank (No.)
VD-Vertical Drain (No.)
WM-Waste Management System (No.)
WP-Waste Storage Pond (No.)
WS-Waste Storage Structure (No.)
WT-Waste Treatment Lagoon (No.)
WU-Waste Utilization (No. & Ac.)
Ws-Waterspreading (Ac.)
We-Well (No.)
WH-Wildlife Upland Habitat Manage-
ment (Ac.)
WF-Wildlife Watering Facility (No.)
WW-Wildlife Wetland Habitat Manage-
ment (Ac.)
WR-Windbreak Renovation
WD-Woodland Direct Seeding (Ac.)
Wl-Woodland Improved Harvesting (Ac.)
Wd-Woodland Improvement (Ac.)
Wp-Woodland Pruning (Ac.)
Wi-Woodland Site Preparation (Ac.)
OTHER MANAGEMENT PRACTICES (NOT SCS CONSERVATION PRACTICES)
A—Water Supply Dispersal
B--Salt, Mineral and Feed Supplement Site Location
C--Artificial Barriers
D--Timing and Placement of Fertilizers
E--Slow Release Fertilizer
F--Soil Testing and Plant Analysis
G--Correct Usage of Pesticides
H--Correct Pesticide Container Disposal
I—Correct Application of Pesticides
J--Reduce Volatilization of Pesticides
K--Cultural Practices Effect Pest Life Cycle
L--Biological Control
M--Insect Attractants
N--Resistent Crop Varieties
0--Land Absorption Areas and Use of Wetland Systems
P—Filter Strips Adjacent to Water Courses
Q--Location of Shaded Areas
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