Questions answered on wetland issues

Transcription

1 Questions answered on wetland issues 0 Wetlands in North Dakota have caused some questions among farmers and ranch OCT 24 EDUCATION In response to member concerns about proper wetland management, NDFU developed the following questions and answers on wetland determinations, mappi draining, tiling, mitigation, and hydrology. We thank NRCS State Conservationist Mary Podoll and staff for providing up to date answers to the following questi What is the process? What is a wetland? Do different soil types or regions of the state have different rules concerning wetland delineations? No, there are not different rules for different regions. There are different types of wetlands, such as playas, potholes, marshes, bogs, fens and more. But the have all of the three components of a wetland hydric soils, hydrology and support hydrophytic (wetland) plants. data:text/html;charset=utf 8,%3Ch1%20style%3D%22font family%3a%20helvetica%2c%20 1/5

2 What is the process of determining a wetland? NRCS uses standardized procedures to determine wetlands. Potential wetlands are identified using an offsite method utilizing soils maps and aerial images the information from these materials is deemed adequate. This offsite method considers only the years determined as normal for the past twenty years. If a wetland signature appears 65% or more of the time in normal years, the area can be labeled a wetland without conducting a field investigation. Likewise if a wetland signature appears less than 30% of the time in normal years, the area is labeled prior converted or non wetland. The areas that demonstrate a signatu between 30% and 65% are field verified to determine if hydric soils, hydrology and hydrophytic plants criteria are met. NRCS will also verify and complete scope and effect for wetlands drained prior to December 23, 1985 to determine if the area is a Farmed Wetland (FW) or Prior Converted wetland (PC). Site investigations are conducted by individuals who have had the required training and job approval authority to complete wetland delineations. Many of th are soil scientists or have adequate training in wetland soil delineations. North Dakota wetland determination procedures can be found on the North Dakota NRCS Homepage in the section 1 of the Field Office Technical Guide (efotg). All field offices can also provide a copy. Why did NRCS send hydrology survey maps to producers without any explanation? This is part of the off site evaluation, the first step in the process toward wetland certification, which includes delivering preliminary maps. Maps are provided if requested and the process should include a discussion by the field office staff. How much input does the producer have in the certification process? USDA participants are encouraged to participate in the wetland certification process. This allows the participant a better understanding of how the wetland determination is completed, and more importantly, allows the participant to provide additional information which NRCS may not be aware of concerning the lan being reviewed. The participant may be present at the initial field determination, the field review requested by the participant, and the state conservationist s review. Are wetland determinations made by the local NRCS office or elsewhere? How does NRCS prioritize whistleblower complaints versus farmer reques for determinations? Wetland Determinations are made by a person trained in wetland delineation, which includes soils, plants and other natural resource assessment. Beginning October 1, 2012, NRCS will allow local field offices to focus on conservation planning and program implementation and to increase efficiency of time in compl wetland delineations. All requests will be processed in the order received. There is a backlog and we are working to manage this back log as soon as possible participant may be able to have a certified wetland determination completed sooner if they choose to have a consultant complete the on site work in lieu of NR North Dakota NRCS will make wetland determinations for those individuals willing to hire certified consultants to complete the on site wetland work. Can standing water on previously determined non wetland acres change soil characteristics to that of wetlands? No, wetlands were formed over thousands of years and do not develop in 10 or 20 years of time. The soil determines the true perimeter of a wetland. This res data:text/html;charset=utf 8,%3Ch1%20style%3D%22font family%3a%20helvetica%2c%20 2/5

3 lacking hydric soil, but acting like wetlands, are likewise identified as non wetland. What is the role of the local soil conservation district in NRCS determinations? Soil Conservation Districts are a subdivision of a state or local government organized to develop and implement soil and water conservation activities or programs. Historically, they have served as the primary partner of NRCS to ensure grassroots involvement in identifying local natural resource opportunities. S Conservation Districts often assist in conservation, education and outreach on conservation topics. What is the appeals process on wetland determinations? North Dakota NRCS has developed a number of fact sheets providing information on the appeals procedures. In addition, any NRCS field office should be able provide information concerning the appeals process. What is the difference between a wetland determination, certification and delineation? Wetland determination maps are those maps that were completed in the late 1980s and early 1990s. These maps were provided to all producers/landowners a the National Food Security Act of 1985 was passed. Those maps were created using off site methods. The Federal Agriculture Improvement and Reform Act 1996 required that wetland determinations completed after July 3, 1996, needed to be certified. Certified wetland determinations are of sufficient quality to mak determination of ineligibility for program benefits under 7 CFR Most wetland determinations in North Dakota prior to 1991 are not considered to be of sufficient quality and are not considered certified wetland determinations. Certified wetland determinations also provide the USDA participant appeal rights. In cases, the wetland boundaries are delineated. Once a wetland determination is made, does it remain in place forever or can determinations change over time? Once a certified wetland determination is made, it remains in place forever unless a person affected by the certification requests a review of the certification. A person may request a review if a natural event alters the topography or hydrology of the subject land to the extent that the final certification is no longer a relia indicator of site conditions. What is the role of the NRCS State Technical Committee? It is the responsibility of the State Technical Committee to: (1) Provide information, analysis, and recommendations to USDA on conservation priorities and criteria for natural resource conservation activities and progra including application and funding criteria, recommended practices, and program payment percentages. (2) Identify emerging natural resource concerns and program needs and recommend conservation practice standards and specifications. (3) Recommend state and national program policy based on resource data. (4) Review activities of the local working groups to ensure State priorities are being addressed locally. (5) Make recommendations to the state conservationist on requests and recommendations from local working groups. data:text/html;charset=utf 8,%3Ch1%20style%3D%22font family%3a%20helvetica%2c%20 3/5

4 What can I do with a wetland? Can a producer restore or create a new wetland to replace a wetland that he or she wishes to drain on their farm? Yes, wetlands can be mitigated as long as the acres, values and functions of the drained wetland are replaced. What is the status of previously drained or converted wetlands prior to 1985? Can you maintain or clean out existing drains? Yes, maintenance is the landowner s responsibility. Maintenance is allowed to the level/extent that existed prior to December 23, The Drain Maintenanc Fact Sheet (2008) can provide additional guidance. Fact sheets can be found on the North Dakota NRCS homepage. What are the considerations to bank wetlands in a mitigation bank? The land must possess the physical, chemical and biological characteristics to establish or reestablish wetland functions. Ideally, wetland mitigation banks wi provide an opportunity to restore a diverse complex of wetlands, including wetlands with temporary, seasonal and semi permanent water regimes. The area in bank would be required to have an easement to ensure the wetland functions provided by the bank are not impacted by future alterations or encroachment. N has a template warrant easement deed that bank sponsors can utilize. What if I want to tile/drain acres? It is permissible to drain acres not classified as a wetland with surface or tile drainage. Additionally, in most cases, drainage systems and other conversions t existed prior to December 23, 1985, can be maintained to the extent they existed at that time. However, the hydrology of wetlands cannot be altered by new drainage systems nor by improvements to an existing drainage system without first mitigating the losses of the wetland acreage and function. Installing any drainage system in or close enough to reduce wetland functions may cause loss of farm program eligibility. Before installing or maintaining any drainage syst you should contact NRCS. Also make sure to check with the North Dakota State Water Commission or local water board for any needed permits, and the US and Wildlife Service to see if there is an easement on the wetland. Can smaller wetlands be combined into a larger, deeper wetland? If so, what is the process for doing so? Mitigated acres of small wetlands are not generally combined into an existing large wetland, but it may be possible to mitigate several small wetlands into a la small wetland. The sites for each producer are different; and a mitigation plan is site specific. Does NRCS provide technical assistance to help farmers create or restore wetlands for inclusion in a mitigation bank? NRCS can provide technical assistance for mitigation banks. Mitigation bank plans and designs are normally completed by producers or consultants. NRCS w complete a certified wetland determination for the proposed area and offer technical assistance for the design and plan of the mitigation bank. This time and assistance has often been limited in nature, due to other tasks and deadlines. Plans to address the timeliness and increase technical expertise in this area continue to be considered. Would a wetland mitigation banking system, managed by a farm organization or similar entity, be a useful tool in wetland management? Yes, a wetland mitigation bank managed by a farm organization would be useful. There are very few mitigation banks in North Dakota available; and suitable a data:text/html;charset=utf 8,%3Ch1%20style%3D%22font family%3a%20helvetica%2c%20 4/5

5 What is the science? Does continuous no till production cause soils to become wetter with a tendency toward creating wetlands? No. Initially, the increase in ground cover by the crop residue tends to cool the soil and reduce evaporation, thereby increasing soil moisture. In mature no till systems, the crops root systems break through the restricted tillage/plow or compaction layers to improve the internal drainage and water cycling in the soil profile. This results in less surface ponding and improved infiltration of water into the soil for crop use. No till is a very beneficial soil improving conservation practice. What is the difference between saline soils and sodic affected soils? Salt affected soils (saline soils) have magnesium sulfate and sodium chloride salts that cause serious crop damage by causing dehydration of plant cells. Sodium affected soils (sodic soils) contain sodium salts that interact with the clay fraction causing dispersion of the clay, resulting in a soil with poor tilth and impermeable layers that limit rooting depth. What is the difference between surface water and subsurface water and why should they not be combined? Surface water is free water that accumulates over the soil surface. Subsurface water is water within the soil. Generally, subsurface water has relatively higher quality and is a more constant source of water; there is minimal fluctuation from wet to dry periods. Combining surface water and subsurface water results in a overall reduction in water quality. The uncontrolled release of subsurface water to surface waters may also result in an increased flooding hazard during runoff events. How is land determined to be highly erodible? Highly erodible land means land that has an erodibility index of eight or more. Erodibility index means a numerical value that expresses the potential erodibility a soil in relation to its soil loss tolerance value without consideration of applied conservation practices or management. If a field has 33% or 50 acres of highly erodible land within the boundaries, it is classified as highly erodible data:text/html;charset=utf 8,%3Ch1%20style%3D%22font family%3a%20helvetica%2c%20 5/5