Farming and Section 404 of the Clean Water Act i p ’icuIture & \Wetlands ------- What are wetlands? They are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in satu- rated soil conditions For further guidance on whether your land contains wetlands, contact your local Army Corps of Engineers (Corps) district The Environmental Protection Agency (EPA) and the Corps use the Corps of Engi- neers Wetlands Delineation Manual in making wetlands determinations under the Clean Water Act (CWA) Section 404 regulatory program What is the Swampbuster provision? The Swampbuster provision of the Food, Agriculture, Conservation and Trade Act of 1990, withholds Federal farm program benefits to any person who plants an agricultural com- modity on a converted wetland that was con- verted by drainage, dredging, leveling or any other means after December 23, 1985, or con- verts a wetland for the purpose of or to make agricultural commodity production possible after November 28, 1990 What does Section 404 require? CWA Section 404 requires that a landowner ob- lam a permit from the Corps for any non-exempt activity involving the placement of dredged or fill material in waters of the United States, including wetlands Certain ongoing, normal farming practices in wetlands do not require a permit See inside for examples of exempted ac- tivities How does the Swampbuster program relate to CWA Section 404? Generally, the areas subject to regulation under Swampbuster and CWA Section 404 are the same, but there are subtle differences Before beginning any non-exempt activity impacting a wetland, contact your local Corps district office or Soil Conservation Service agent What are prior-converted croplands? Prior-converted croplands are not wetlands under the EPA and Corps definition of a wet- land As a result, activities in prior-converted croplands are not regulated under CWA Sec- tion 404 For an area to be designated as pnor- converted cropland, it must meet the following ------- Farming Activities that are Exempt from Section 404* • Established (i.e., ongoing), normal farming activities plowing harvesting seeding minor drainage cultivating • Maintenance (but not construction) of drainage ditches • Construction and maintenance of irrigation ditches • Construction and maintenance of farm or stock ponds • Construction and maintenance of farm roads, in accor- dance with best management prac- tices ------- Is the area where the activity is proposed a ‘ prior-conveded cropland”? V Does the proposed activity involve a discharge of dredged or fill material? No §404 perrr (verify with if Types of Section 404 PermIts Issued by the Corps • General permits are issued to the public-at-large to authorize specific activities, such as bank stabilization actMlles or construction of farm buildings, that have minimal environmental impacts. A general permit can be Issued on a state, regional, or nationwide basis. ActMtles authorized by a general permit require less review than an hdMduoi permit. For phone numbers of your local Corps district Contact The Caps before undertaking these octMties In WE ** Indi son ac the des anc Is the area where the activity is proposed a ‘wetland’ (including a “farmed wetland”) or other waters of the U.S.? \// I I r No §404 permit required (verify with the Corps). Will not lose benefits under Swampbuster ------- [ he proposed activity exempt from the permit requirement under CWA 4 f)? Most normal farming octMties are exempt. NON L Is the activity authorized under a regional or programmatic general perrnit? V Double-check with the Corps for permit conditions. No individual §404 permit required. N Land may be subject to Swampbuster. Contact Soil Conservation Service. indMdual permits are issued to any per- son (IndMduais, companies, etc.). Once a complete application Is recetved by the Corps, a public notice is Issued which describes the proposed project. The Corps evaluates all comments received and makes a final permit decision. strict and Soil Conservation Service field office, call 1-1 Is the proposed activity autho ized under a nationwide general permit (NWP)? * 4 permit required with the Corps). les In wetlands and other waters of The United States to verify appilcabilty of the ex ------- may be subject to Swampbuster. individual §404 permit* required. Consult with the Corps. N “I- Dntact Soil Conservation Service. re Issued to any per- npanles, etc) Once ]llon Is recetved by notice Is Issued which )sed project. The comments received )ermlt decision. servatIon Service field office, call 1-800432-7828. I Is the proposed activity authorized under a nationwide general permit (NWP)? * N Is the activity authorized under a regional or programmatic general permit?’ Double-check with the Corps for permit conditions. No individual §404 permit required. — vriiets of The United States to ve tfy appllccibllhty of The exempitons. ------- conditions I) The area was drained, dredged, filled, leveled, or otherwise manipulated for the purpose of, and continues to be used for, pro- duction of an agncultural commodity, 2) This manipulation or conversion occurred before December 23, 1985, 3) The area has undergone generally extensive and relatively permanent modifications to its hydrology and vegetation, and 4) The area has not been abandoned Aban- donment occurs after 5 years have elapsed with- out any agncultural commodity being produced Any crop rotation must include the planting of an agncultural commodity once every 5 years What happens if I dont farm my prior-converted croplands and wetlands conditions return? If a pnor-converted cropland is abandoned for more than five years and wetland charactensucs return, the cropland then is a wetland subject to regulation under Swampbuster and CWA Section 404 What are farmed wetlands? They are wetlands that have been manipulated, usually by drainage, and used for agricultural commodity production prior to December 23, 1985, but also axe wet long enough to be wet- lands subject to Swampbuster and CWA Section 404 Farmed wetlands include potholes and playas that are manipulated and planted with an agricultural commodity, but are ponded or flooded for 7 or more consecutive days or satu- rated to the surface for more than 14 consecu- tive days during the growing season under average conditions, and other manipulated and cropped areas that have surface water present for at least 15 consecutive days or 10 percent of the growing season, whichever is less under avenge conditions How do I know if I have wetlands, prior-converted croplands, or farmed wetlands on my property? If you think you may have wetlands on your property subject to regulation under CWA Section 404, contact your local Corps district of- fice for assistance To determine whether your area is a pnor-converted cropland or a farmed wetland subject to Swampbuster, contact local Soil Conservation Service (SCS) office The SCS can also advise you on how to maintain these areas and still comply with Swampbuster ------- Do You Have Questions About Wetlands Protection In Agricultural Areas? Call the EPA Wetlands Protection HotJine 1 us8OO 832 7828 Hothne hours Monday—Frt ay, 9 OO am to 5:30 pm (EST) Hothne is contractor operated This confidential Hotline provides referrals and information on: F derai wctidnd regulatory’ programs Section 404 of the Clean Water Act — Swampbuster Status of Federal government ai actons Regulati ri — Congre’ ional legislation m wetlands — Federul Mai ad for identifying and L)elinearzng Jrirzsd:crional Wetlands • Private and public wetlands protec i n programs • Procedures fOr and contacL to obtain - Ntttoitai We%laud% 1nveii ory Maps — 1-lydric soi!s list — Lkt of plants that cur in wetlands Ths , brodsu r wa. ‘reptired i’i eo perarkws trtth IIIUS. .4ttn’ zp s of ngine r , ‘ ranWd . an Rrei k S Papt r fr U.S.G0VER (P4ENT PRINTING OFFICE - l9 3 722- i 8 ------- |