Door County SWCD 2016 Nutrient Management Plan Review For Haberli Farms Inc. Registered Agent Office Joseph C Haberli 6945 Memorial Dr.

Transcription

1 Door County SWCD 2016 Nutrient Management Plan Review For Haberli Farms Inc. Registered Agent Office Joseph C Haberli 6945 Memorial Dr. Egg Harbor, WI Nutrient Management Plan written by: Nathen Nysse CCA# of Tilth Agronomy Group, Inc. Plan submitted on: April 23 rd,

2 Table of Contents Table of Contents Page 1 I. Background Page 2 II. Procedures Page 2 a. Plan Content/Review Procedure Page 2 b. Field Investigation/Verification Page 2 III. Summary of Major Findings in Review Page 2 a. Field Verified Features Page 3 b. Field Based Corrective Measures Page 3 c. Field Verification Procedures Page 4 IV. Results Page 4 a. Table 1. NRCS 590 Nutrient Management Plan Checklist Page 4 b. Field Features Identified on Maps Page 5 c. Field Based Corrective Measures/Erosion Controls. Page 5 d. Fields Needing Soil Tests Page 5 e. Table 2. NR 243 CAFO Nutrient Management Plan Checklist Page 6 f. Field Verification Procedures Page 8 g. Field Features Identified on Maps Page 8 h. Field Based Corrective Measures/Erosion Controls. Page 9 V. Supporting Tables & Figures Page 10 a. Table 3. Haberli Farms Fields requiring changes Page 10 b. Table 4. Fields Needing Soil Tests Page 21 VI. Appendix 1. Appeals Procedure Page 22 1

3 I. Background II. Annual Nutrient Management Plans (NMPs) are submitted to the Door County Soil and Water Conservation Department (SWCD) by April 1 st of every year to meet the Door County Code Chapter 23 that all landowners and operators must manage their cropland according to a compliant nutrient management plan. It is recognized that an operator or nutrient manager planner may have to update a nutrient management plan as necessary. Updates are to be prepared in compliance with appropriate specifications and promptly filed with the Door County SWCD, to enable timely monitoring of compliance on an ongoing basis. Each plan is checked and monitored for compliance annually. Procedures a. Plan Content/Review Procedure This document is the SWCD review of Haberli Farms Inc. Nutrient Management Plan. From this point forward in this document the farm will be referenced as Haberli Farms or the farm. The content of the plan was reviewed by using the NRCS 590 Nutrient Management Checklist and the NR 243 CAFO Nutrient Management Plan Checklist as a guide to determine if Haberli Farm s NMP meets the requirements of compliance. All text within this plan review in black font color represents the SWCD findings and comments. Based on the review of this plan, the SWCD completed their own NRCS 590 (Table 1 in section IV. a.) and NR 243 checklist (Table 2 in section IV. d.). Proposed resolutions and/or corrective measures to each section and subsection marked No can be found on the following pages, however other corrective means may be implemented if compliance is achieved. b. Field Investigation/Verification In office aerial investigation was conducted using Google Earth and the Door County web map ( to locate fields with features (i.e. karst features, concentrated flow channels or historic erosion issues). Fields with suspected features were then field verified. Fields of interest can be found in Tables 3. in section V. along with proposed resolutions and/or corrective measures. Other corrective means may be implemented as long as compliance is achieved. 2

4 III. Summary of Major Findings in Review a. Field Verified Features. Several features were identified during aerial and onsite investigation, which were not identified on restriction maps. All features must be documented on restriction maps including but not limited to: direct conduits to surface waters, direct conduits to groundwater, concentrated flow channels, wells, waterways, buffers, wetlands, and fields exceeding T (tolerable soil loss). See the WI Conservation Planning Technical Note 1, Part I. B. for details. Fields with features unaccounted for on restriction maps are further explained in sections IV. b. and IV. h. b. Field Based Corrective Measures. The field based corrective measures for fields containing erosion are found in Tables 3. in section V. Corrective measures and/or conservation practices must be implemented to eliminate and/or reduce erosion problems. Prior to implementation of corrective measures nutrients shall not be applied on entire field that contains erosion (see 3. (j.) of the NR 243 Checklist, NRCS 590 Standard V. 2. a. (6), and 1. (b.) of the NRCS 590 Checklist). See sections IV. b. and IV. h. for details. c. Field Verification Procedures. The fields containing R soils need further investigation prior to manure applications. Complete and accurate verification logs for W soils must be provided for SWCD review. See section IV. f. for more details regarding field verification procedures. Failure to reach compliance with these findings will subject Haberli Farms and/or the landowner to enforcement activities. Appeals Procedure can be seen in Appendix 1 in section VI. 3

5 IV. Results Plan reviewed by Door County SWCD Staff Circle the planner s qualification: 1. NAICC-CPCC 2. ASA-CCA 3. ASA-Professional Agronomist 4. SSSA-Soil Scientist 5. DATCP approved training course 6. Other credentials approved by DATCP Planner's business name, address, phone: Nathen Nysse Tilth Agronomy Group Inc. Cropland Acres (owned & rented) Name of farm operator receiving nutrient management plan: Haberli Farms Inc. 11, Rented farm(s) landowner name(s) and acreage: Owned: ac Agreement or Rented: ac Acres Spreadable: ac Door County SWCD Review Note: Black indicates a finding of plan deficiency Circle relevant program requirement or regulation the plan was developed for: Ordinance, USDA, DATCP, DNR, NR 243 NOD or WPDES 1. Are the following field features identified on maps or aerial photos in the plan? Y N a. Field location, soil survey map unit(s), field boundary, acres and field identification number x b. Areas prohibited from receiving nutrient applications: Surface water, established concentrated flow channels with x perennial cover, permanent non-harvested vegetative buffer, non-farmed wetlands, sinkholes, lands where established vegetation is not removed, nonmetallic mines, and fields eroding at a rate exceeding tolerable soil loss (T) c. Areas within 50 feet of a potable drinking water well where mechanically-applied manure is prohibited x d. Areas prohibited from receiving winter nutrient applications: Slopes > 9% (12% if contour-cropped); Surface x Water Quality Management Area (SWQMA) defined as land within 1,000 ft. of lakes and ponds or within 300 ft. of perennial streams draining to these waters, unless manure is deposited through winter gleaning/pasturing of plant residue and not exceeding the N and P requirements of this standard; Additional areas identified within a conservation plan as contributing runoff to surface or groundwater e. Areas where winter applications are restricted unless effectively incorporated within 72 hours: Land x contributing runoff within 200 feet upslope of direct conduits to groundwater such as a well, sinkhole, fractured bedrock at the surface, tile inlet, or nonmetallic mine f. Sites vulnerable to N leaching: Areas within 1,000 feet of a municipal well, and soils listed in Appendix x 1 of the Conservation Planning Technical Note WI-1 2. Are erosion controls implemented so the crop rotation will not exceed T on fields that receive x nutrients according to the conservation plan or WI P Index model? 3. Were soil samples collected and analyzed within the last 4 years according to UW Publication A2100 recommendations? x x x x x 4. Using the field s predominant soil series and realistic yield goals, are planned nutrient application rates, timing, and methods of all forms of N, P, and K listed in the plan and consistent with UW Publication A 2809, Soil Test Recommendations for Field, Vegetable and Fruit Crops, and the 590 standard? 5. Do manure production and collection estimates correspond to the acreage needed in the plan? Are manure application rates realistic for the calibrated equipment used? 6. Is a single phosphorus (P) assessment of either the P Index or soil test P management strategy uniformly applied to all fields within a tract? 7. Are areas of concentrated flow, resulting in reoccurring gullies, planned to be protected with perennial vegetative cover? 8. Will nutrient applications on non-frozen soil within the SWQMA comply with the following? x x x x x 4

6 a. Unincorporated liquid manure on unsaturated soils will be applied according to Table 1 of the 590 standard to minimize runoff b. One or more of the following practices will be used: 1) Install/maintain permanent vegetative buffers, or 2) Maintain greater than 30% crop residue or vegetative coverage on the surface after nutrient application, or 3) Incorporate nutrients leaving adequate residue to meet tolerable soil loss, or 4) Establish fall cover crops promptly following application a. Table 1. NRCS 590 Nutrient Management Plan Checklist x x Additional comments or clarifications on checklist for No items below. b. Field Features Identified on Maps. NRCS 590 Checklist item 1. b.: Areas prohibited from receiving nutrient applications: Surface water, established concentrated flow channels with perennial cover, permanent non-harvested vegetative buffer, non-farmed wetlands, sinkholes, lands where established vegetation is not removed, nonmetallic mines, and fields eroding at a rate exceeding tolerable soil loss (T). Table 3. in section V. identify fields that the SWCD identified as missing features from restriction maps, fields exceeding T, and required and proposed resolutions. Features must be identified on restriction maps (see the WI Conservation Planning Technical Note 1, Part I. B. for features that need to be identified). Appropriate, restrictions, and nutrient application prohibitions as seen in the NRCS 590 and NR 243 must be followed. c. Field Based Corrective Measures/Erosion Controls. NRCS 590 Checklist item 2.: Are erosion controls implemented so the crop rotation will not exceed T on fields that receive nutrients according to the conservation plan or WI P Index model? See Table 3 in section V. for fields with erosion issues/exceeding T and proposed corrective measures. The proposed corrective measures are conservation practices the SWCD has recommended to achieve compliance. Updated restriction maps are required as corrective measures are implemented. Haberli Farms may choose to implement their own corrective measures as long as compliance is met and maintained for perpetuity. NRCS 590 Checklist item 7.: Are areas of concentrated flow, resulting in reoccurring gullies, planned to be protected with perennial vegetative cover? See Table 3. in section V. for fields that have erosion issues and proposed corrective measures. All areas of concentrated flow must be protected with perennial vegetative cover and cannot receive manure until completed. See NRCS 590 Standard V. 2. a. (6), and 1. (b.) of the NRCS 590 Checklist for details. d. Soil Samples. NRCS 590 Checklist item 3.: Were soil samples collected and analyzed within the last 4 years according to UW Publication A2100 recommendations? See table 4. In section V. for fields that need soil tests. 5

7 e. Table 2. NR 243 CAFO Nutrient Management Plan Checklist Note: Black indicates a finding of plan deficiency YES NO 1. Does plan meet Wisconsin s NRCS 590 nutrient management standard, including nutrient budgeting, soil test recommendations & selecting dominant critical soil unit criteria? a. If yes, does plan contain a copy of NRCS 590 checklist? 2. Does plan have a narrative that describes: * All items are covered in Section 1.0 Abstract; additional detail is provided in specific NMP sections noted below. a. Expected numbers of animal units on site at end of first year of permit coverage and also expected numbers for remaining permit term (next 4 yrs). NR (2)(6). b. Expected amounts and types of manure and process wastewater produced on annual basis. c. Amount of manure and process wastewater to be land applied. d. Anticipated frequency and method(s) of land application. e. Other methods of use, disposal, distribution or treatment of manure or process wastewater. f. Tillage and crop rotation information for all fields owned or rented or in agreements. g. Total acreage available (by landowner) for land application owned, rented or in agreements. h. General manure and process wastewater application requirements - NR (2)(b)(1-13) & (c-f) AND methods explaining how they will be met on all fields in plan (e.g., field and map verification procedures, applicable best management practices and recordkeeping procedures to track actions taken). i. Nutrient crediting requirements - NR (3) - and how they will be met. j. SWQMA application restriction option for each field AND methods explaining how restriction(s) will be met - NR (4). k. Phosphorus delivery method (P Index or Soil Test P) for each field AND management strategy for fields with soil test P above 100 ppm and 200 ppm - NR (5). l. Fields adjacent to or with high potential to drain to impaired or outstanding/exceptional waters (see DNR impaired waters map tool: m. Identification of sites for winter (frozen or snow covered ground) applications that meet criteria in tables 4 and 5 for manure - NR (6-8) - AND methods explaining how they will be met. (NOTE: Fields selected for winter application must have the lowest risk of pollutant delivery to waters of the state and have winter acute loss index value of 4 or less using the Wisconsin Phosphorus Index). n. Documentation of adequate storage (180 days) and methods of maintaining adequate storage - NR (9) and NR (3). 3. Are the following field features identified as restricted or high risk areas on spreading maps: (NOTE: Checking yes requires plan narrative to describe methods or procedures to identify, avoid, eliminate or minimize the surface or ground water quality risk each feature represents). a. Private, non-community drinking water well (100ft setback). b. Community drinking water well (1,000ft setback). c. Soils within 24 inches of apparent water table or bedrock at time of application (NOTE: water table depth may vary over time and requires field investigation to determine actual depth to groundwater before application). 6

8 d. Fields over 200 ppm soil test phosphorus (manure spreading prohibited unless department approval). e. Direct conduits to groundwater (100ft setback). f. SWQMA areas and 100ft prohibition, or equivalent. (NOTE: maps must identify all conduits to navigable waters. These include: ditches, concentrated flow channels, sinkholes, agricultural well heads, open tile line intake structures or open vent pipes in fields that discharge to navigable waters and grassed waterways that drain directly to a navigable water). g. Wetlands and 25ft setback OR start of the SWQMA if connected to navigable water - NR (4)(a)(2) h. Fields adjacent to or with high potential to drain to impaired or outstanding/exceptional waters (see DNR impaired waters map tool: i. Soils with: (1) High Permeability; (2) Within 20 inches to bedrock; or (3) Within 12 inches to apparent water table. (see Appendix 1, WI Tech Note WI-1 j. Fields with ephemeral erosion, reoccurring gullies or concentrated flow channels. (NOTE: fields with such soil erosion features do not meet T and cannot receive manure until stabilized with perennial vegetation or other runoff reducing practices. Once established, manure cannot be applied within vegetated flow channels/grassed waterways. If detected, please describe in narrative how and when such areas will be stabilized before any manure is applied to the field.) k. Fields exceeding T tolerable soil loss - over the crop rotation. l. Subsurface drainage systems (e.g., drain tiles and their outlets). 4. Does field size and planned manure spreading to all fields reflect acreage lost to SWQMA or other required? 5. Is phosphorus being correctly managed: a. Fields ppm P: Balance P needs over a maximum 8 year rotation? b. Fields ppm P: Drawdown P by 50% cumulative crop removal over a maximum 4 year rotation AND P Index 6? c. Is commercial P above 20lbs in starter being added to fields over 50 ppm P? 6. Are manure analyses being taken, at least annually, for every sample point in the permit and being used to develop the plan? If not completed yet, provide schedule when manure testing will be completed in narrative when plan will be updated with this information. 7. Is all manure produced by the farm allocated over the entire rotation or five year permit term? (NOTE: A rotation may be longer or shorter than a five year permit term. If shorter than 5-years, the rotation must repeat or be amended to reflect, at least, the 5 year permit term). 8. Are all commercial fertilizers and off-farm nutrients included for every year of rotation? 9. Are all fields owned, rented or in agreements with farm that have, or are planned to, receive manure or process wastewater included in plan? (NOTE: Once a field is included in the plan it must remain so regardless of use/status for the 5-year permit term or rotation this includes fields used only once during permit term or a rotation. For such fields, projecting what nutrients may be applied is required.) 10. Are all fields in plan managed for the entire rotation? Managed for the entire rotation means: Planning for the sequence of crops, tillage, budgeting and application of nutrients for up to an 8-year period in order to determine field rotational soil loss, rotation avg. P Index, and applicable manure or legume credits for each rotation year. 11. If any fields in plan do not receive manure during the rotation, do they follow UW A2809 crop recommendations for other applied nutrients? 12. Are calibrations provided in plan for all manure hauling equipment (including equipment not owned by the farm)? If no, provide schedule when calibrations will be completed in narrative. 7

9 13. Does plan include copies of soil testing for all NMP fields and manure testing results? If not completed yet, provide in narrative a schedule when testing for soil for specific fields or manure will be completed and when plan will be updated with this information. 14. Does plan contain fields with high potential for N leaching to groundwater? If yes, do these fields meet NRCS 590 soil temperature, application rate and timing restrictions? 15. Does plan contain NRCS 590 response procedures for manures, organic byproducts and fertilizer applications that cause drainage to subsurface tiles, ponding or runoff? (NOTE: Such procedures must include methods to prevent offsite movement of nutrients - via subsurface tile discharge or surface runoff - to waterways and notify DNR of spills or accidental release). 16. If available, have prior year(s) records (e.g., crop, tillage, nutrients applied) been included in NMP calculations to reflect what actually happened on each field vs. what was planned? 17. Are any fields receiving over-applications of nitrogen based on UW Publication A2809? Additional comments or clarifications on checklist for No items below. f. Field Verification Procedures. NR 243 Checklist item 2. h.: Does plan have a narrative that describes: General manure and process wastewater application requirements - NR (2) (b) (1-13) & (c-f) AND methods explaining how they will be met on all fields in plan (e.g., field and map verification procedures, applicable best management practices and recordkeeping procedures to track actions taken). The fields that contain R soils or may contain R soils (soils with <24 to bedrock) need further investigation prior to manure applications. According to the NRCS Official Series Descriptions, the Longrie, Kolberg and Bonduel soil series have a depth to bedrock of 20 to 40 inches. Until adequate documentation, i.e. GPS points, photos, maps, etc., proves that the area of the field receiving manure is greater than 24 inches of depth, the soil series Longrie, Kolberg, and Bonduel or any other soils that may contain less than 24 to bedrock shall be assumed to be less than 24 inches to bedrock and may not receive manure unless a Door County SWCD staff member is present and or approves the field. The Door County SWCD staff members were present for several depth to bedrock verifications. All of Haberli Farms acreage that have planned manure application in 2016 and 2017 that potentially contains <24 to bedrock have been verified. Below are the fields that the SWCD has determined to have areas less than 24 to bedrock. Maps and or point shape files showing these areas are available upon request. Restriction maps must be updated before manure applications are : CL-1 (Landowner: Charles Lautenbach) CL-5 (Landowner: Charles Lautenbach) GB-1 (Landowner George Bagnall) H-5 (Landowner: Haberli Farms Inc.) N-1 (Landowner: Haberli Farms Inc.) N-2 (Landowner: Haberli Farms Inc.) Verification logs for W soils must be complete and accurate including locations of pit/hole sites, photos of pits/holes dug, person verifying and observation notes if water appears after appropriate 8

10 time allotted (at least one hour). Photos of holes dug must be labeled to correspond to location maps, or coordinates of the hole so that it is clear as to the location of each hole. g. Field Features Identified on Maps. NR 243 Checklist item 3. e.: Are the following field features identified as restricted or high risk areas on spreading maps: (NOTE: Checking yes requires plan narrative to describe methods or procedures to identify, avoid, eliminate or minimize the surface or ground water quality risk each feature represents). Direct conduits to groundwater (100ft setback). Before applications of nutrients occur each field must be re-evaluated for new or unmarked direct conduits appropriate taken. NR 243 Checklist item 3. f.: SWQMA areas and 100ft prohibition, or equivalent. (NOTE: maps must identify all conduits to navigable waters. These include: ditches, concentrated flow channels, sinkholes, agricultural well heads, open tile line intake structures or open vent pipes in fields that discharge to navigable waters and grassed waterways that drain directly to a navigable water). Several conduits to navigable waters were not identified on Haberli Farms restriction maps. Maps must identify all conduits to navigable waters. As new conduits are identified, maps must be updated and submitted to SWCD. Note: road ditches are considered to be a conduit to navigable waters if they drain directly to a navigable water. These features must also be identified on maps and appropriate restrictions followed. Refer to section IV. b. for more details pertaining to restriction maps. h. Field Based Corrective Measures/Erosion Controls. NR 243 Checklist item 3. j.: Fields with ephemeral erosion, reoccurring gullies or concentrated flow channels. (NOTE: fields with such soil erosion features do not meet T and cannot receive manure until stabilized with perennial vegetation or other runoff reducing practices. Once established, manure cannot be applied within vegetated flow channels/grassed waterways. If detected, please describe in narrative how and when such areas will be stabilized before any manure is applied to the field.) Table 3. in section V. shows fields exceeding T tolerable soil loss and/or fields that need conservation practices implemented. Appropriate application and/or restrictions for unaccounted features that are listed in the tables must be followed immediately. Therefore, it is to Haberli Farms advantage that corrective measures be implemented in a timely manner if manure applications are anticipated. Haberli Farms may choose to implement other corrective measures not listed in the table as long as compliance is achieved and maintained for perpetuity. 9

11 V. Supporting Tables and Figures a. Table 3. Haberli Farms Fields with performance-based outcomes required for compliance (this includes but is not limited to: fields containing erosion, needing conservation practices implemented, and/or needing updated restriction maps). Field Name Ac. Field Specific Notes Performance-based Outcome(s) Required for Compliance Minimum Resolution(s) to Achieve Performancebased Outcome(s) Additional and/or Alternative Resolution(s) to Achieve Performancebased Outcome(s) Structural Practices i.e. Grassed Waterways, Diversions Non-Structural Practices i.e. No-till, Contour Farming, Cover Crops, Etc. Restriction Map Changes 10S 44.1 Map indicates drainage tile but no inlet or outlet shown or found into surface and groundwater Identify tile inlets and or outlets Identify to tile inlets and or outlets 13 Field 13 is missing from 590 assessment report Monitor steep slope for erosion Meet tolerable soil loss ("T"), no evidence of erosion* Establish soft practices on the field Minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation Increase tillage setback along stream into surface waters Minimum 5 ft. tillage setback from channel Greater than 5 ft. tillage setback from channel 10

12 AE-1 51 Unmarked sinkhole point # 027 Identify all to conduits to AF Unmarked karst features point # Identify all to conduits to AM Unmarked exposed bedrock point # 034 Identify all to conduits to AM Unmarked exposed bedrock on all field edge point # Identify all to conduits to AM Unmarked exposed bedrock East field edge point # Identify all to conduits to AS Unmarked exposed bedrock point # Identify all to conduits to 11

13 AT East side of field is part of a closed Identify all to conduits to AZ Field is a closed Identify all to conduits to AZ Field is a closed Identify all to conduits to B East side of field is part of a closed, Unmarked sinkhole point # Identify all to conduits to BA Field is a closed Identify all to conduits to BH Road ditches are conduits to navigable waters (Hibbards Creek) into surface and groundwater 25 ft. nutrient application setback Minimum 25 ft. application setback from road ditch, avoid degradation of road ditch Identify all to conduits to surface water on restriction map 12

14 BLH Field is a closed Identify all to conduits to CC- BRAUN Missing from Restriction Map CC- FOREST CC-HAEN 1,2, Sheet erosion observed east hillside, unmarked sinkhole point # 001 Missing from 590 Assessment Meet tolerable soil loss ("T") Establish soft practices on the field Seed down erosional areas with perennial vegetation, minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation Identify all to conduits to CC-INST Unmarked exposed bedrock and sinkhole Identify all to conduits to CC- MUSKART E 40.9 Establish permanent vegetation in low area that outlets to wetland into surface and groundwater Seed down lowland areas with perennial vegetation Install Grassed Waterway Minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation 13

15 CC- SCHOOL 47.9 Northwest portion of the field is a closed, severe gully erosion along East road ditch flowing into JW-1 into surface and groundwater, Meet tolerable soil loss ("T"), re-grade or install waterway Install Grassed Waterway, minimum 5 ft. tillage setback from waterway, avoid degradation of waterway Identify all to conduits to CF Field is a closed Identify all to conduits to CL Field is a closed, areas of shallow soils, sinkhole in road ditch point # 035, exposed bedrock in road ditch point # 064 CL Field is a closed Identify all to conduits to Identify all to conduits to CL Field is a closed Identify all to conduits to 14

16 CL Field is a closed Identify all to conduits to CL Areas of shallow soils, unmarked exposed bedrock point # Identify all to conduits to CS-1 77 Needs Grassed Waterway and establish permanent vegetation in concentrated flow channels C&W 27.7 Concentrated flow channel diagonal across field Meet tolerable soil loss ("T") Meet tolerable soil loss ("T") Seed down concentrated flow channels with perennial vegetation Seed down concentrated flow channels with perennial vegetation Waterway(s), Terrace(s), WASCOB(s) Waterway(s), Terrace(s), WASCOB(s) Minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation Minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation Identify concentrated flow channels on restriction map Identify concentrated flow channels on restriction map DC Field is a closed Identify all to conduits to DF Field is a closed Identify all to conduits to 15

17 DM Unmarked exposed bedrock point # 023 Identify all to conduits to DM Unmarked exposed bedrock in road ditch point # 060 Identify all to conduits to DN-2 20 Stream has exposed bedrock in channel 100 ft. nutrient setback in addition to SWQMA into surface and groundwater to surface and groundwater and Identify all to conduits to surface and DN Drainage ditch has un marked sinkholes & exposed bedrock in channel of drainage ditch point # into surface and groundwater to surface and groundwater and Identify all to conduits to surface and EP Southwest corner of field is part of a closed Identify all to conduits to 16

18 ES-1 53 Unmarked concentrated flow channels GB Areas of shallow soils, Northwest corner of field is part of a closed Manure cannot be applied within vegetated flow channels/grassed waterways Identify all concentrated flow channels and abide by the Keep channels in perennial vegetation, minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation Identify all concentrated flow channels and Identify all to conduits to GE Unmarked sinkhole point # Identify all to conduits to GH-3 15 Unmarked exposed bedrock in north road ditch point # 073 Identify all to conduits to GK-1 69 Unmarked exposed bedrock in road ditch point # 074 Identify all to conduits to GM Southeast part of field is a closed Identify all to conduits to 17

19 GM Southern portion of field is a closed Identify all to conduits to GP Unmarked exposed bedrock point # 44,45 Identify all to conduits to H West part of field is a closed Identify all to conduits to H Unmarked exposed bedrock and sinkhole in Southwest corner of field Identify all to conduits to H Areas of shallow soils, needs Grassed Waterway, unmarked Sinkhole point # 006 Meet tolerable soil loss ("T"), Prevent discharge of nutrients and sediment into groundwater Seed down concentrated flow channels with perennial vegetation, identify all conduits to groundwater and Waterway(s), Terrace(s), WASCOB(s) Minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation Identify concentrated flow channels and conduits to 18

20 HS Unmarked exposed bedrock point # 075 Identify all to conduits to JO Field is a closed Identify all to conduits to JW Unmarked concentrated flow channel in the Southwest portion of field Manure cannot be applied within vegetated flow channels/grassed waterways Keep flow channels vegetated Waterway Identify concentrated flow channels on restriction map JW Needs tillage setback and or Grassed Waterway into surface waters Minimum 5 ft. tillage setback from channel Waterway Greater than 5 ft. tillage setback from channel LNS 22.5 Field is a closed Identify all to conduits to LS Extend concentrated flow channel to represent entire channel into surface and groundwater Re-draw concentrated flow channel Minimum 5 ft. tillage setback from waterway, avoid degradation of waterway such as driving through waterway when not necessary Identify concentrated flow channels on restriction map 19

21 MC Unmarked Exposed bedrock along road ditch point # 076, 077, and along field edge # 078 Identify all to conduits to MH Needs Grassed Waterway and establish permanent vegetation in concentrated flow channels N Areas of shallow soils Meet tolerable soil loss ("T") Seed down concentrated flow channels with perennial vegetation Waterway(s), Terrace(s), WASCOB(s) Minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation Identify concentrated flow channels on restriction map Identify all to conduits to N Areas of shallow soils, Northeast corner of the field is a closed Identify all to conduits to NS South half of the field is a closed Identify all to conduits to NS Field is a closed Identify all to conduits to 20

22 NS-3 17 Field is a closed Identify all to conduits to OW-3E 36 Intermittent stream need to remain vegetated, needs tillage setback and or Grassed Waterway into surface waters Minimum 5 ft. tillage setback from channel Waterway Greater than 5 ft. tillage setback from channel OW-3W 39.9 Intermittent stream need to remain vegetated, needs tillage setback and or Grassed Waterway, exposed bedrock along road ditch Southwest corner PCJ Not on 590 Assessment into surface and groundwater Minimum 5 ft. tillage setback from channel, Identify all conduits to groundwater and Waterway Greater than 5 ft. tillage setback from channel Identify all to conduits to PM Unmarked exposed bedrock by access road Identify all to conduits to 21

23 POLISH HILL 16.4 Historic erosion along entire east side of field RG Unmarked exposed bedrock point # 025 Meet tolerable soil loss ("T"), no evidence of erosion* Establish soft practices on the field Seed down erosional areas with perennial vegetation, minimum/no-till practices, cover crops, plant on the contour, establish perennial vegetation in rotation Identify all to conduits to RH Westside of field is part of a closed Identify all to conduits to RK Field is a closed Identify all to conduits to RK Field is a closed, unmarked exposed bedrock point # Identify all to conduits to RK Field is a closed, unmarked exposed bedrock point # 028,029 Identify all to conduits to 22

24 RK Field is a closed, unmarked exposed bedrock point # 033 Identify all to conduits to RK Field is a closed Identify all to conduits to SZ Northwest corner of field is a closed Identify all to conduits to WR Unmarked sinkhole point # Identify all to conduits to *Note: evidence of erosion includes (but not limited to): gullies, sheet and rill erosion, washed out vegetation, ephemeral erosion, transport and buildup of sediment b. Table 4. Fields Needing Soil Tests in 2016 Field Name Soil Test Date S GW H JD JM JO

25 LG LR LS LS NS NS NS RK RK RK RK RK RN RO RS RS SCH-East SCH-West SZ

26 VI. Appendix I. Appeals Procedure Chapter 23 - Door County Code Appeals Procedure The final compliance determination or best management practices required to attain compliance stated in this letter can be appealed by the person aggrieved by the decision or a person aggrieved by the decision if such adversely impacts the substantial interests of that person by the following procedure. 1. Payment of $300 for filing a Notice of Appeal. 2. Filing a Notice of Appeal with the Land Conservation Department (LCC), with a copy to the Soil and Water Conservation Department (SWCD). 3. Notice must identify appellant, specify the decision sought to be reviewed, and designate the factual and legal bases for the appeal. 4. Fee must be paid and Notice of Appeal filed within thirty (30) days from issuance of this letter, or an appeal is barred. The appeal, ordinarily, stays all proceedings in furtherance of the decision appealed from. The appeal does not stay all proceedings if, after the appeal is filed, SWCD certifies to the LCC that a stay would pose an imminent threat to the environment, public health or public safety. The burden of proof rests with the appellant. The appellant must submit evidence sufficient to support granting the appeal. LCC shall fix the time for and location of hearing an appeal. The hearing shall commence within forty-five (45) days of the fee being paid and Notice of Appeal being filed. The following process shall occur at the appeal hearing. 1. Opening Remarks by Appellant and then by SWCD. These opening remarks are intended to acquaint the LCC with the case and set out, in a general way, each side s case. 2. Appellant presents real and testimonial evidence first. 3. SWCD presents real and testimonial evidence second. 4. Appellant may offer rebuttal real and testimonial evidence. 5. Closing remarks by appellant and then by SWCD. These closing remarks are intended to be a brief summation of each side s position on the contested issues and the reasons each is entitled to prevail. 6. Appellant and SWCD may cross-examine witnesses of the other side. 7. LCC may swear witnesses. 8. LCC will mark and preserve exhibits. 9. LCC may cause the proceedings to be taken by a stenographer or by a recording device. The expense thereof to be paid by the parties to the proceeding. Any record of hearing will be retained by LCC. 10. The rules of evidence should be adhered to, but do not strictly apply. 11. The hearing shall be informal in nature. The final determination/judicial review will occur by the following process. The LCC may affirm or reverse in whole or part or it may modify the decision on review. Within forty-five (45) days of completion of the hearing LCC shall mail or deliver to each side its written determination stating the reasons therefore. This determination shall be a final determination. Any party to the proceeding may seek judicial review thereof pursuant to and in accordance with Section Wisconsin Statutes. If the Appellant prevails and at the LCC s sole discretion, the filing fee may be refunded in whole or part. Otherwise, each party must pay its own costs and fees. 22