-------
iculture
rettands Table Of Contents
Finding Common Ground 1
The Roles and Responsibilities of Federal Agencies in Protecting and Managing Wetlands 3
Opening Communications and Finding Answers 5
Section 404 and Swampbuster 7
The Federal Manual for Identifying and Delineating Jurisdictional Wetlands 9
Section 404(f) Exemptions and Nationwide General Permits 11
Studies and Research to Improve Our Knowledge 15
All of the fact sheets contained in this publication may be
removed and reproduced as needed. For further
information call EPA's Wetlands Hotline 1-800-832-7828.
* 1992
THE YEAR OF
CLEAN WATER
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Agriculture and Wetlands: Finding Common Ground
General permits are national,
State or regional authorizations to
place fill for certain purposes or in
limited quantities. Some general
permits allow work to proceed
without individual notice to or re-
view by the Government.
More recently, the U.S. Corps of
Engineers issued field guidance
regarding agricultural activities in
wetlands. This guidance clarifies
that "prior converted cropland," as
defined by the Swampbuster pro-
gram, will not be regulated under
the 404 program, regardless of the
nature of the fill activity which
takes place. In addition, Federal
and State agencies are working
together to resolve technical and
policy issues surrounding wetland
protection, providing the land-
owner (farmer) with a more consis-
tent approach toward wetland de-
lineation and regulation. In the
course of these efforts, EPA is
seeking to inform the public of our
progress and to solicit the opinions
and ideas of interested parties.
As part of our effort to improve
communications with the agricul-
tural community, EPA has pre-
pared a series of fact sheets on
Federal wetlands protection activi-
ties. This initial set of fact sheets
provides general information on six
subjects:
The Roles and Responsi-
bilities of Federal Agencies
in Protecting and
Managing Wetlands
Opening Communications
and Finding Answers
Section 404 and Swamp-
buster
- The Federal Manual for
Identifying and Delinea-
ting Jurisdictional
Wetlands
Section 404(f) Exemptions
and Nationwide General
Permits
Studies and Research to
Improve Our Knowledge
We encourage fact sheet readers
to comment on these issues and to
request additional information, by
either calling EPA's Wetland Pro-
tection Hotline (1-800-832-7828) or
writing:
Office of Wetlands, Oceans and
Watersheds
Wetlands Division
U.S. Environmental Protection
Agency (WH-556F)
401 M Street, SW
Washington, D.C. 20460
or contacting:
your EPA Regional Office
Wetlands Protection Program
(see addresses below)
EPA Regional Offices
EPA -Region I
John F. Kennedy Federal Bldg.
One Congress Street
Boston, MA 02203
(617) 565-4940
EPA - Begion H
26 Federal Plaza
New York, NY 10278
(212) 264-2657
EPA- Region El
841 Chestnut Building
Philadelphia, PA 19107
{215) 597-9800
EPA - Region IV
345 Courtland Street, NE
Atlanta, GA 30365
(404)347-4727
EPA- Region V
230 S. Dearborn Street
Chicago, IL 60604
(312) 353-2000
EPA - Region VI
1445 Ross Avenue, 12th Floor
Dallas, TK 75202^2733
(214) 655-2263
EPA - Region VH
726 Minnesota Avenue
Kansas City, KS 66101
(913) 551-7573
EPA - Region VTII
999 18th Street
Denver, CO 80202-2405
(303) 293-1603
EPA - Region IX
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-1971
EPA - Region X
1200 6th Avenue
Seattle, WA 98101
(206) 442-1200
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United States
Environmental Protection
Agency
Office of Water
(WH-556F)
EPA 503/9-92/003B
June 1992
Agriculture and Wetlands:
The Boles and Responsibilities of Federal
Agencies in Protecting and Managing Wetlands
CO
o
en
To
o
O)
The Federal Government
supports a broad array of activities
that address wetlands protection
and management, ranging from
research, mapping, planning, and
acquisition to management. These
activities are spread among
numerous Federal agencies. In
some cases, the linkage of these
programs to wetlands protection
and management is straight
forward. For example, the Section
404 permitting program under the
Clean Water Act (CWA) requires
permits for discharges of dredged
and fill materials in waters of the
United States, including wetlands.
In a number of other cases,
however, the effects of Federal
programs are more subtle or
iculture
Wetlands
indirect. For example, Federal
assistance programs and tax
structures can create economic
incentives that encourage wetlands
protection or wetlands alteration
by private citizens.
The Federal government is
continuing to examine its
programs to identify their positive
and negative effects on our
Nation's wetlands and agriculture.
In addition, Federal agencies that
have principal roles in wetlands
protection and management are
working together closely to
coordinate their efforts and achieve
consistency in the application of
terms and operational procedures.
EPA's principal partners in
these efforts include: the U.S.
Army Corps of Engineers (COE),
the Soil Conservation Service
(SCS), the Agricultural
Stabilization and Conservation
Service (ASCS), the Fish and
Wildlife Service (FWS), and the
National Marine Fisheries Service
(NMFS).
QCOE: Reviews permit
applications, and issues and
enforces permits under
Section 404 of the CWA,
regulating the discharge of
dredged or fill material into
waters of the United States,
including most wetlands.
COE District Offices can assist
farmers in determining
whether wetlands on their
property are subject to the
Section 404 program and, if so,
in determining whether or not
planned activities would
require a permit under Section
404. Fanning activities such
as routine cultivation, seeding,
and harvesting are not subject
to Section 404. Other farming
activities may be authorized
through a general permit, and
thereby do not require an
individual permit.
Q EPA: Shares responsibilities
under the Section 404
program with the COE.
EPA developed the
environmental guidelines used
by the COE in evaluating
permit applications. EPA
shares responsibilities under
the Section 404 program with
the COE in reviewing and
commenting on Section 404
applications, determines the
applicability of Section 404(f)
exemptions, and shares
responsibility with the COE
for enforcement of Section 404
provisions. EPA also has veto
authority over COE permit
decisions through Section
404(c). In addition, EPA
For further information call EPA's Wetlands Hotline 1-800-832-7828
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Agriculture and Wetlands: The Roles and Responsibilities of Federal Agencies in
Protecting and Managing Wetlands
administers the State
wetlands grant program,
develops guidance for States
on wetlands water quality
standards, and works with
Federal, State, and local
governments to encourage the
adoption of non-regulatory
wetlands protection and
management programs.
G SCS: Provides technical assis-
tance to farmers regarding the
Swampbuster provisions of the
Food Security Act, a program
that restricts Federal farm
benefits for persons who drain
their wetlands. SCS assists
farmers in identifying the
presence of wetlands and de-
termining whether they would
be subject to Swampbuster
provisions. SCS identifies
areas as natural wetlands,
farmed wetlands, or prior con-
verted croplands. SCS also
determines whether agricul-
tural production would destroy
the natural characteristics of
identified wetlands or would
have only minimal impacts on
the hydrological characteris-
tics and biological functions of
identified wetlands. In addi-
tion, SCS provides technical
planning assistance to land-
owners under the Wetlands
Reserve Program.
Q ASCS: Administers the
Swampbuster provisions of the
Food Security Act. ASCSalso
manages specified commodity
and related land use programs
designed for voluntary produc-
tion adjustment, resource pro-
tection, and price, market, and
farm income stabilization.
Under Swampbuster, the
ASCS is responsible for deter-
mining when wetland conver-
sions occurred, whether con-
versions were caused by a
third party, and when agricul-
tural commodity crops were
planted. These determina-
tions are usually made in part
by State ASCS committees
and county ASCS committees
in consultation with the FWS.
In addition, ASCS administers
the Wetlands Reserve Pro-
gram, a program that pur-
chases easements from farm-
ers to restore wetlands on
their property.
QFWS: Has an important advi-
sory role under Section 404
and Swampbuster. The FWS
reviews Section 404 permit
applications, evaluating the
potential harm of proposed
activities to fish and wildlife,
including threatened or en-
dangered species or their criti-
cal habitat. Under the
Swampbuster program, the
FWS provides assistance to
the SCS in making wetland
determinations and provides
technical assistance on Wet-
lands Reserve Program plans
and other wetland issues. The
FWS also undertakes a regu-
lar large-scale assessment of
the status and trends of the
Nation's wetlands, and admin-
isters a wetland restoration
program on public and private
lands.
Q NMFS: Comments on Section
404 permit applications, with
emphasis on potential impacts
of proposed discharges of
dredge or fill materials on ma-
rine and anadromous species,
including threatened or en-
dangered species and their
habitat.
Many of these agencies are con-
ducting wetland determinations,
often for different reasons. The
FWS identifies wetlands as part of
their inventory. SCS defines wet-
lands under the Swampbuster pro-
gram. The COE and EPA conduct
or review wetland delineations as
part of their permit review. Be-
cause there are different Federal
programs, activities that fall under
one program may or may not fall
under another. Therefore, it is
necessary for farmers to check
with the appropriate Federal or
State agency (e.g., COE for filling
and SCS for Swampbuster) before
proceeding with a specific project.
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United States
Environmental Protection
Agency
Office of Water
(WH-556F)
EPA 503/9-92/003C
June 1992
Agriculture and Wetlands:
Opening Communications and Finding Answers
{culture
Wetlands
The U.S. Environmental Protec-
tion Agency (EPA) is committed to
helping local and State agency
staff, farmers, and the general
public learn more about the func-
tions and benefits of wetlands.
EPA is also committed to listening
to the public, helping answer their
questions, and solving their prob-
lems. Here are a few examples of
how EPA is working to maintain
and improve the lines of
communication.
Wetlands Protection Hotline
EPA's Wetlands Protection Hot-
line is a toll-free telephone service
established in 1991 to respond to
public inquiries about wetlands.
The hotline is staffed by informa-
tion specialists who are knowledge-
able about wetland regulatory, pro-
grammatic, and policy issues and
about wetland biology and science.
These information specialists can
provide fanners with information
and publications on various types
'of public and private wetlands
management and protection activi-
ties. When necessary, referrals are
provided to the appropriate Agency
and or outside experts for more
specific information. The toll-free
number is 1-800-832-7828. The
Hotline operates Monday through
Friday (except Federal holidays)
from 9:00 a.m. to 5:30 p.m., East-
ern Standard Time.
Public Outreach Activities
To increase communication be-
tween the agricultural community
and EPA, the Wetlands Division of
EPA's Office of Wetlands, Oceans
and Watersheds sponsors confer-
ences and public presentations,
and develops informational mate-
rial on wetlands and agriculture.
Recent efforts include two confer-
ences, one in February 1991 jointly
sponsored with the National Gov-
ernors Association (NGA) and a
national symposium on "Altered,
Artificial, and Managed Wetlands"
held in September 1991 in conjunc-
tion with the Association of State
Wetland Managers.
EPA representatives are avail-
able to give presentations and at-
tend meetings on wetlands protec-
tion and management at agricul-
tural conferences, meetings and
symposia. In the past, EPA has
participated in agricultural confer-
ences hosted by the American
Farmland Trust, the National As-
sociation of Conservation Districts,
the Soil and Water Conservation
Society, and the American Farm
Bureau. If you are interested in
inviting an EPA representative to
participate in an upcoming meet-
ing or conference, just contact
EPA's Wetland Protection Hotline
for the wetlands contact in the
EPA Regional office that includes
your state.
For further information call EPA's Wetlands Hotline 1-800-832-7828
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Agriculture and Wetlands: Opening Communications and Finding Answers
Publications are another part of
EPA's outreach efforts. EPA was
one of 55 co-sponsors of American
Wetlands Month (May 1991), as-
sisting in the development of edu-
cational materials about wetlands.
EPA also jointly produced with
NGA a brochure called "A Guide to
Agricultural Wetlands Protection."
Wetlands Grants Program
EPA has a grants program to
support State efforts to develop
wetlands protection programs.
State agencies, as well as Indian
Tribes, are eligible to apply for
funds to be used in developing new
or enhancing existing state wet-
lands protection programs. Fund-
ing for this grant program has in-
creased from $1 million in 1990 to
$5 million in 1991. Past grants
have supported a wide variety of
projects, including development of
State wetlands conservation plans,
wetlands water quality standards,
wetlands status and trends moni-
toring, and wetlands planning ini-
tiatives. Farmers may want to
contact their State agencies to sup-
port innovative wetlands programs
in their areas.
Wetland Grant Projects
that are Related to
Agriculture
Delaware is addressing the
feasibility of wetlands resto-
ration on marginal agricul-
tural lands and demonstrat-
ing the multiple use values
of wetlands to the farm com-
munity.
North Carolina is undertak-
ing two projects: the estab-
lishment of a public out-
reach program for the agri-
cultural community and the
monitoring of State success
in implementing its recently
enacted no-net-loss law.
Virginia is assessing the role
of agricultural activities in
the conversion and degrada-
tion of non-tidal activities
For more information about
these and other grant projects, re-
quest the Catalog of State Wet-
lands Protection Grants from
EPA's Wetlands Hotline (1-800-
832-7828) or contact your regional
EPA office.
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United States
Environmental Protection
Agency
Office of Water
(WH-556F)
EPA 503/9-92/003D
June 1992
Agriculture and Wetlands:
Section 404 and Swampbuster
riculture
Wetlands
The two most important Federal
wetlands programs that directly
affect farmers are the Section 404
permitting program and the
Swampbuster program. Section
404 of the Clean Water Act re-
quires that individuals obtain a
permit from the U.S. Army Corps
of Engineers (COE) before dis-
charging dredged or fill material
into waters of the United States,
including most wetlands. The
Swampbuster program under the
Food Security Act is intended to
discourage the alteration of wet-
lands by withholding certain Fed-
eral farm program benefits from
farmers who convert or modify
wetlands.
Section 404 permitting and
Swampbuster provision require-
ments are complex and can be con-
fusing. The Federal agencies in-
volved are actively working to-
gether to improve program coordi-
nation, and to clarify the relation-
ship between Section 404 and
Swampbuster. For example, the
COE recently excluded "prior con-
verted croplands" from regulation
under Section 404 to be consistent
with Swampbuster.
Section 404 Provisions
Perhaps the most important in-
formation for farmers regarding
Section 404 is that most routine,
ongoing farming activities do not
require individual Section 404 per-
mits. Section 404 permitting re-
quirements apply only to dis-
charges of dredged or fill materials
in wetlands, streams, rivers, and
"other waters of the United
States." In general, farming activi-
ties that occur in non-wetland ar-
eas or that do not involve dis-
charges of dredged or fill material
do not require Section 404 permits.
Fanning Activities that
are Exempt from
Section 404
Established (i.e., ongoing),
normal farming activities
- plowing
- seeding
- cultivating
- harvesting
- minor drainage
Maintenance (but not con-
struction) of drainage ditches
Construction and mainte-
nance of irrigation ditches
Construction and mainte-
nance of farm or stock ponds
Construction and mainte-
nance of farm roads, in ac-
cordance with best manage-
ment practices
For further information call EPA's Wetlands Hotline 1 -800-832-7828
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Agriculture and Wetlands: Section 404 and Swampbuster
Even those normal farming, sil-
viculture and ranching activities
that involve discharges of dredged
or fill materials into waters of the
United States are exempted from
Section 404, and do not require
notification or submission of a per-
mit application to the COE. In or-
der to be exempt, the farming ac-
tivities must be part of an ongoing
farming operation and cannot be
associated with bringing a wetland
into agricultural production or con-
verting an agricultural wetland to
a non-wetland area.
Swampbuster Provisions
The Swampbuster provision of
the 1985 Food Security Act, as
amended by the Food, Agriculture,
Conservation and Trade Act of
1990, withholds Federal farm pro-
gram benefits to any person who:
plants an agricultural com-
modity on a converted wetland
that was converted by drain-
age, dredging, leveling or any
other means after December
23,1985; or
converts a wetland for the pur-
pose of or to make agricultural
commodity production possible
after November 28,1990.
Most wetlands converted to ag-
ricultural use prior to December
23,1985 are exempt from the
Swampbuster provision. Farmers
are asked to report on whether
they plan to or have altered any
"wet area" when they apply for
their farm benefits (Form AD
1026). The Soil Conservation Ser-
vice (SCS) assists farmers in mak-
ing wetland determinations with
regard to the Swampbuster
program.
To make sure you maintain
your benefits under the USDA
farm program, contact the Soil
Conservation Service before
clearing and stumping, drain-
ing or manipulating any wet
areas on your land.
Also check with the COE
district office if you are unsure
whether ongoing or planned
activities occurring in wet-
lands are regulated under the
Section 404 program.
8
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United States
Environmental Protection
Agency
Office of Water
(WH-556F)
EPA 503/9-92/003E
June 1992
Agriculture and Wetlands:
The Federal Manual for Identifying and
Delineating Jurisdictional Wetlands
iculture
Wetlands
Background on the Federal
Manual
Before a Federal Manual was
published, the four Federal agen-
cies [U.S. Army Corps of Engineers
(COE), the Soil Conservation Ser-
vice (SCS), the Fish and Wildlife
Service (FWS), and EPA] with
principal responsibilities for wet-
lands protection and management
used different methods for identify-
ing wetland boundaries. For ex-
ample, the COE had developed
their own manual to identify and
delineate a wetland in 1987.
Variations in the methods used by
these agencies at times resulted in
differing determinations of wet-
land boundaries.
To remedy this, the four agen-
cies worked together to produce a
single manual, the 1989 "Federal
Manual for Identifying and Delin-
eating Jurisdictional Wetlands."
The agencies agreed to field test
the 1989 Federal Manual for one
year and then jointly consider the
need for revision or clarification.
The 1989 Federal Manual is cur-
rently in the process of revision.
The COE will use their 1987
manual until revisions to the 1989
manual have been reviewed
through public comment and for-
mal rule-making procedures.
Opportunities for Public
Participation
As part of the process of re-
vising the 1989 Federal
Manual, the four agencies
first solicited public com-
ments through a number of
public meetings, and then
published proposed changes
to the 1989 Federal Manual
on August 14,1991 in the
Federal Register. On De-
cember 19,1991, proposed
rules to codify some parts of
the proposed revisions to the
1989 Federal Manual also
were published in the Fed-
eral Register. The public
comment period for both the
proposed changes to the
1989 Manual and the pro-
posed rules ended January
21,1992. More than 70,000
comments were received.
These comments will be con-
sidered as revisions to the
1989 Manual are finalized. In
the meantime, the COE will
continue to use its 1987
manual for wetlands delinea-
tions. As available, informa-
tion on the status of the pro-
posed revisions to the 1989
Federal Manual can be ob-
tained from EPA's Wetland
Protection Hotline at 1-800-
832-7828.
For further information call EPA's Wetlands Hotline 1-800-832-7828
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Agriculture and Wetlands: The Federal Manual for Identifying and Delineating
Jurisdictional Wetlands
Proposed Revisions to the
Manual
Wetlands are transition areas
between land and water; as such,
they are highly variable. The 1989
Federal Manual examines three
parameters when determining
whether an area is identified as a
wetland: (1) hydrology, (2) soils
and (3) vegetation. To qualify as a
Jurisdictional wetland," all three
parameters must be met. The pro-
posed revisions to the 1989 Manual
require the area to be inundated
for at least 15 consecutive days or
saturated to the surface for at least
21 days during the growing season,
except in the case of specific types
of wetlands, such as prairie pot-
holes, playa lakes, and vernal
pools. The soils must be character-
istic of hydric soils, those produced
under saturated ground conditions.
The vegetation must be character-
istic of hydrophytic vegetation,
vegetation found living in satu-
rated or flooded soils.
The 1989 Federal Manual pro-
vides guidance on how to collect
and use field indicators (e.g., the
presence of standing water) for
wetland determination. Proposed
major changes in the 1989 Federal
Proposed Major Revisions to the 1989 Federal Manual
Would:
Clarify the criteria for defining wetlands and the procedures for their
delineation
Use more reliable indicators of soil, vegetation, and hydrology to meet
the three criteria
Clarify that all three criteria must be met for an area to be classified
as a wetland, except in limited, specified circumstances
Account for special local conditions, including growing season and cer-
tain hydric soil phases
Manual would have the effect of
increasing the burden of proof re-
quired to identify and delineate
wetlands by clarifying and restrict-
ing the manner in which field indi-
cators are to be used in making
determinations.
It is important to remember that
a determination of an area as a
wetland does not necessarily re-
strict how that area can be used.
Section 404 exempts most continu-
ing routine farming operations.
Where an activity is subject to Sec-
tion 404, it may fall under a gen-
eral permit to discharge dredged or
fill material and, therefore, may
not require individual permitting
or prior notification to the govern-
ment. Even if an individual permit
is required, land may be used for
certain farm activities.
Individual permits annually au-
thorize several thousand projects
after determining that they are the
least damaging practicable alter-
native" and, when appropriate, the
applicant creates or restores wet-
lands to replace those which are
destroyed. Most permits are is-
sued in a matter of weeks or
months. Farmers opting to convert
wetlands to agricultural uses
should be aware, however, that
they may forfeit farm program
benefits.
10
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United States
Environmental Protection
Agency
Office of Water
(WH-556F)
EPA 503/9-92/003F
July 1992
vvEPA Agriculture and Wetlands:
Section 404ฎ Exemptions
and Nationwide General Permits
P armers are often concerned about how agricultural ac-
tivities may be regulated under Federal laws to protect
wetlands. Section 404 (ง404) of the Clean Water Act pro-
vides for the regulation of discharges of dredged or fill
material into waters of the United States, including wet-
lands. Permits issued by the U.S. Army Corps of Engi-
neers (Corps) are the mechanism for regulating these dis-
charges. In another related law, the Swampbuster provi-
sion of the 1985 Food Security Act, Federal farm benefits
for persons who drain their wetlands are restricted.
If you are considering carrying out an activity in an
area that may be a wetland, this factsheet and flowchart
will help you to determine what type of Section 404 per-
mit, if any, may be required and whether Swampbuster
may apply.
Farming activities that do not
require Section 404 permits
Activities that occur in upland areas, including prior-
converted croplands (see glossary), do not require Section
404 permits.
Activities that do not involve the discharge of dredged
or fill material into waters of the United States, including
wetlands, do not require Section 404 permits. Examples
of such activities include applying pesticide and fertilizer,
haying, planting wind breaks, and using drainage pumps.
Also, many ongoing fanning activities that involve such
discharges are exempt and, therefore, do not require a
Section 404 permit. These activities are listed in this
factsheet under Section 404(f) Exemptions.
Farming activities that mav
require Section 404 permits
There are two types of Section 404 permits: general
and individual permits. Many farming activities that
involve discharges of dredged or fill material and that
are not exempt may fall within the scope of a general
permit. This means that farmers would be able to
conduct certain specific activities after checking
with the Corps because a general permit has
iculture
Wetlands
ง404
Swampbuster
Is ihe area where the
activity is proposed a
prior-converted
cropland"?
(See glossary.)
No ง404
permit required
(Verify with
the Corps.)
Will not lose
benefits
under
Swampbustef
(Verify with
the Soil
Conservation
Service)
Is the area where the
activity is proposed a
"wetland" (including a
lamed wetland") or other
waters of the U.S.?
(See glossary.)
No ง404
permit required
(Verify with
the Corps.)
No ง404
permit required
(Verify with
the Corps.)
Does the proposed activity
involve a discharge of
dredged or fill material?
Is the proposed activity
exempt from the permit
requirements under CWA
404(1)? (See box.) Most
normal farming activities
are exempt.
No ง404
permit required
(Verify with
the Corps.)
Land may be
subject to
Swampbuster
Is the proposed actiwy
authorized under
nationwide general permit
(NWP)? (See this fact-
sheet for selected
examples.)
Double-check
with the Corps
for permit
conditions. No
individual ง404
permit required
(Contact
the Soil
Conservation
Service)
Double-check
with the Corps
for permit
conditions. No
individual ง404
permit required
Is the activity authorized
under a regional or
programmatic general
permit?
Consul!
with the
Corps.
Individual ง404
permit required
For further information call EPA's Wetlands Hotline 1 -800-832-7828
11
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Agriculture & Wetlands: Section 404(f) Exemptions and Nationwide General Permits
Glossary
NOTE* To determine whether the area in which you intend to work is subject to Swampbuster, contact the
Soil Conservation Service (SCS) prior to beginning work. The SCS will determine whether the area is a prior-
converted cropland, a farmed wetland, or neither. Contact the Corps to determine whether your land contains
ป, wetland and whether the wetland is covered by regulation under Section 404 of the Clean Water Act.
Prior-converted cropland is not a wetland within the meaning of the EPA and Corps definition of a wetland.
As a result, activities in prior-converted croplands are not regulated under Section 404 of the Clean Water Act.
For an area to be designated as prior-converted cropland, it must meet the following conditions:
The area was drained, dredged, filled, leveled, or otherwise manipulated for the purpose of, and continues to
be used for, production of an agricultural commodity;
ซ This manipulation or conversion occurred before December 23,1985;
The area has undergone generally extensive and relatively permanent modifications to its hydrology and
vegetation; and
The area has not been abandoned since it was designated as prior-converted cropland. Abandonment
occurs after 5 years have elapsed without any agricultural commodity being produced. Any crop rotation
must include the planting of an agricultural commodity once every 5 years.
Wetlands are defined by EPA and the Corps as "those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.. .."
Farmed wetlands are wetlands that have been manipulated, usually by drainage, and used for agricultural
commodity production, but also are wet long enough to foe wetlands subject to Swampbuster and Section 404
of the Clean Water Act. Manipulation and cropping must have occurred prior to December 23,1985. Farmed
wetlands include potholes and playas that are manipulated and planted with an agricultural commodity, but
are ponded for 7 or more consecutive days during the growing season under average conditions, and other
manipulated and cropped areas thaf hiaive surface water present;for at least 15 consecutive days or 10 percent
l'qfrmmbdfov refers to crops produced by annual tillage of the soil or sugar cane. The term is an
Importantpart of the definition of prior-converted cropland and farmed Wetlands. Prior-converted croplands
can be redesignated as wetlands subject to Swampbuster arid Section 404 of the Clean Water- Act if not used for
the production of an agricultural commodity for a long enough period of time and wetland conditions return-
already been issued to the public-
at-large.
There are three types of general
permits: nationwide general per-
mits, regional general permits, and
programmatic general permits.
This fact sheet discusses nation-
wide general permits in more de-
tail to give readers an idea of what
types of activities may already be
authorized under a general permit.
In any case, contact your local
Corps district to find what condi-
tions may apply to activities
under the nationwide general
permit and what regional
iculture
Wetlands
general or programmatic general
permits exist.
If the farming activity involves a
discharge of dredged or fill
materials into waters of the U.S.
and it is not exempt or not covered
under a general permit, an indi-
vidual Section 404 permit is
needed.
Section 404(f) Exemptions
Discharges of dredged or fill ma-
terial associated with certain farm-
ing activities do not require notifi-
cation or application to the Corps
for a Section 404 permit because
those activities are specifically ex-
empt from permitting require-
ments under Section 404(i). To be
exempt, an activity cannot be asso-
ciated with bringing wetlands into
agricultural production or chang-
ing the use of a wetland that is
currently in agricultural produc-
tion (for example, silviculture to
farming). The discharge must also
meet two conditions: it cannot con-
tain any toxic pollutants (as de-
fined by the Clean Water Act), and
it cannot reduce the reach of or
impair the flow or circulation of
waters of the United States.
While the Section 404(f) exemp-
tions do cover minor drainage ac-
tivities associated with ongoing
farming, a Section 404 permit is
required for drainage activities
that involve a discharge of dredged
or fill material and are associated
with the gradual or immediate
12
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Agriculture & Wetlands: Section 404(f) Exemptions and Nationwide General Permits
Farming Activities
Exempt from Section 404
Established (i.e., ongoing),
normal farming activities
plowing
- seeding
- cultivating
harvesting
- minor drainage
Maintenance (but not con-
struction) of drainage ditches
Construction and mainte-
nance of irrigation ditches
Construction and mainte-
nance of farm or stock ponds
Construction and mainte-
nance of farm roads in accor-
dance with best management
practices
conversion of a wetland to a non-
wetland (e.g., replacing a wetland
plant species with an upland spe-
cies not typically adapted to satu-
rated soil conditions).
General Permits
General permits are widely used
and speed up the Section 404 per-
mitting process because they do
not require a detailed, case-specific
review.
General permits are issued to
the public-at-large and authorize
certain activities in wetlands and
other waters. Although there are
three types of general permits
(nationwide general permits,
regional general permits, and
programmatic general per-
iculture
Wetlands
mits), this factsheet only discusses
selected nationwide general per-
mits in more detail to give readers
an idea of what type of activities
may already be authorized under a
general permit.
Brief Descriptions
of Selected Nationwide
General Permits (NWPs)
Q NWP No. 3 Maintenance
allows farmers to repair, rehabili-
tate, or replace any previously au-
thorized, currently serviceable
structure or fillprovided the
structure or fill is not being put to
different uses from those specified
in the original permit.
G NWP No. 12 Utility Line
Backfill and Bedding authorizes
discharges of material for backfill
or bedding for utility lines, includ-
ing outfall and intake structures,
provided there is no change in
preconstruction contours. This
permit does not apply to tile or
similar drainage works (with the
exception of pipes conveying drain-
age collected from another area).
Certain conditions must be fol-
lowed to reduce impacts on the en-
vironment.
Q NWP No. 13 Bank Stabili-
zation allows landowners to stabi-
lize banks necessary for erosion
prevention as long as the activity
complies with conditions outlined
in the general permit. For ex-
ample, bank stabilization materi-
als may not be placed in wetlands
or other special aquatic sites.
Q NWP No. 14 Road Crossing
allows fills for roads crossing wa-
ters of the United States, including
wetlands, provided that the activ-
ity complies with conditions out-
lined in the permit. For example,
the fill placed in waters of the U.S.
is limited to an area no more than
Va acre.
Q NWP No. 18 Minor Dis-
charges authorizes discharges
that (1) do not exceed 25 cubic
yards and (2) will not cause the
loss of more than Vic acre of wet-
lands. If the fill site will exceed
more than 10 cubic yards or is lo-
cated within special aquatic sites,
such as wetlands, then the Corps
must be notified before starting
work. The permit also authorizes
minor discharges, including all at-
tendant features, both temporary
and permanent, that are part of a
single arid complete project and
that are not placed for the purpose
of stream diversion.
Q NWP No. 26 Headwaters
and Isolated Waters Discharge
authorizes discharges of dredged or
fill material into "headwaters," in-
cluding adjacent wetlands, or into
"isolated waters," provided the dis-
charge does not cause the loss of
more than 10 acres of wetland and
meets other conditions. One condi-
tion requires that the Corps be
notified before starting work if the
discharge will cause the loss of
more than one acre of wetland.
"Headwaters" are generally those
small-flow waters upstream of the
point on the river or stream at
which average annual flow is less
than 5 cubic feet per second. "Iso-
lated waters" are generally those
waters that are not connected or
adjacent to other surface waters.
Wetland "loss" includes the filled
area plus other waters adversely
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Agriculture & Wetlands Section 404(f) Exemptions and Nationwide General Permits
Activities authorized by these nationwide general permits usually include certain condi-
tions, such as using best management practices or notifying the Corps before starting work
Therefore, contact the Corps to ask what, if any, requirements exist
Your Corps District can also help you in obtaining more information about activities that are
aflowed under programmatic general permits or regional general permits in your area. If the
activity you want to carry out requires an individual permit, the Corps also can assist you.
To locate the name and phone number of your Corps District and Soil Conservation Service
field office, call: EPA1 s Wetlands Hotline: 1-800-832-7828
affected by flooding, excavation, or
drainage as a result of a project.
Q NWP No. 27 Wetland and
Riparian Restoration and Cre-
ation Activities authorizes dis-
charges associated with (1) restora-
tion projects of altered or degraded
wetlands or riparian areas and
(2) the creation of wetlands or ri-
parian areas. This permit may
apply to wetland restoration and
creation activities on private lands
as long as the activities are in com-
pliance with agreements made be-
tween the landowner and the Soil
Conservation Service or the Fish
and Wildlife Service. This permit
does not authorize the conversion
of natural wetlands to another
aquatic use, such as the creation of
waterfowl impoundments where a
forested wetland previously ex-
isted.
Q NWP No. 34 Cranberry
Production Activities permits
activities associated with the ex-
pansion, enhancement, or modifi-
cation of existing cranberry opera-
tions provided that (1) the total
acreage of disturbance does not
exceed 10 acres of wetlands and
other waters regulated under
Section 404 and (2) the ac-
iculture
Wetlands
tivity does not result in a net loss
of wetland acreage. This permit
does not apply to such activities
related to cranberry production as
the construction of warehouses,
processing facilities, or parking
lots. The Corps must be notified
before starting work.
Q NWP No. 37 Emergency
Watershed Protection autho-
rizes work done or funded by the
Soil Conservation Service under its
Emergency Watershed Protection
Program or by the Forest Service
under its Burned-Area Emergency
Rehabilitation program. The
Corps must be notified before
starting work.
Q NWP No. 40 Farm Build-
ings authorizes discharges of
dredged or fill material into farmed
wetlands for the construction of
farm buildings and other struc-
tures necessary for farming activi-
ties. This permit does not allow
discharges into specific types of
wetlands (that is, prairie potholes,
playa lakes, or vernal pools) and
limits discharges to less than one
acre.
How does the Swampbuster program
relate to Section 404 permits?
Under the Swampbuster provision of the 1985 Food Security
Act, as amended, Federal farm program benefits are withheld
from any person:
Who plants an agricultural commodity on a converted wet-
land that was converted by drainage, dredging, leveling or
any other means after December 23,1985; or.
Who converts a wetland for the purpose of or to make agricul-
tural commodity production possible after November 28,1990.
Generally, the areas subject to regulation under Section 404 and
Swampbuster are the same; for example, prior-converted crop-
lands are not covered by the provisions of Swampbuster and
Section 404. However, there may be differences, and an area
may be subject to requirements under one program and not
under the other. To make sure you maintain your benefits un-
der the U.S. Department of Agriculture's farm program, contact
your local Soil Conservation Service agent before clearing and
stumping, draining, or manipulating any wet areas on your land.
14
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United States
Environmental Protection
Agency
Office of Water
(WH-556F)
EPA 503/9-92/003G
June 1992
EPA Agriculture and Wetlands:
Studies and Research to Improve Our Knowledge
Wetlands are diverse and com-
plex ecosystems that vary widely
in terms of the environmental
functions they perform and ben-
efits they provide to the public.
Given the added complexity of
varying agricultural conditions and
crop production practices, State
and Federal agencies face a consid-
erable challenge in meeting their
responsibilities to protect and re-
store wetland resources, while
maintaining agricultural produc-
tion.
The U.S. Environmental Protec-
tion Agency (EPA), in cooperation
with others, carries out an exten-
sive program of studies and re-
search on wetlands and explores
options for their protection and
management. A major focus has
been to improve our scientific un-
derstanding of how wetlands func-
tion, how they respond to certain
management practices, and how
they recover from damage. By
improving our knowledge,
EPA hopes to be able to pro-
iculture
Wetlands
EPA's Five-year Wetlands
Research Strategy
Involves:
* Studying wetlands ecology
Developing methods for
characterizing and compar-
ing the functions of different
types of wetlands, including
natural undisturbed wet-
lands, those which have
been restored, and wetlands
that have been converted or
altered for the purposes of
cultivating crops
Evaluating the functions of
wetlands, such as improving
water quality and contribut-
ing to biodiversity
vide farmers with better guidance
about managing and protecting
their wetlands.
The results of EPA's research
will be used in developing a risk-
based framework for wetlands pro-
tection and management, designed
to ensure that important wetland
functions, and the benefits they
provide, are protected. EPA will
place highest priority on studying
five types of wetlands: freshwater
emergent marshes, bottomland
hardwood forests, Western ripar-
ian areas, prairie potholes, and
coastal wetlands. A major study
will be conducted in the Prairie
Pothole Region that will include
several research projects specifi-
cally related to agriculture.
Objectives of Selected
Prairie Pothole Research
Projects
To study the impact of agri-
cultural drainage and |
nonpoint source pollution on
wetland loss and degradation
in the Prairie Pothole Region
To develop criteria for pro-
tecting prairie pothole wet-
lands from the effects of
sediment and sediment-
associated pollutants
To develop criteria for buffer
widths for protecting prairie j
pothole wetlands from non-
point source pollution
To examine the potential
use of prairie pothole wet-
lands to improve surface
water quality
EPA continues to refine our re-
search strategy by consulting with
many groups, including represen-
tatives of the agricultural commu-
nity. For example, the Agency is
currently conducting a agricultural
outreach project with the Associa-
tion of State Wetland Managers.
One of the work products from this
outreach effort will be a white pa-
per that focuses on traditional
farming practices on drained and/
or undrained wetland areas and
their impacts on wetland functions
and benefits. Crops tentatively
selected for discussion include
cranberries, soybeans, wheat, rice,
corn, oranges, hay, and cultured
fish and shellfish.
For further information call EPA's Wetlands Hotline 1 -800-832-7828
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