Interpretive Rule (IR) and Applicability of the Clean Water Act, Section 404(f)(1)(A) Don Baloun Minnesota State Conservationist Natural Resources Conservation Service

OVERVIEW: EPA and U.S. Army Corps of Engineers (USACE) collaborated with USDA to identify conservation practices that occur in waters of the US and contribute to water quality improvements. USDA-NRCS and the agencies identified covered conservation practices.

OVERVIEW: The IR addresses section 404(f)(1)(A) of CWA…..basically permitting requirements for discharges of dredged or fill material into the waters of U.S…..including wetlands. USDA-NRCS conservation practice exemptions are often referred to as the “agricultural” or “normal farming” exemptions.

Why were not all NRCS conservation practices listed? Two Criteria: 1.Conservation practice could be applied in waters of US. 2.Conservation practice is designed to enhance and protect water quality. Note: There will be opportunities annually to change the list of exempt conservation practices.

How does a producer implement an exempt practice? The conservation practices are exempt when they are implemented in accordance with the NRCS technical standard (FOTG-Section IV.) Not a requirement to contact a technical expert. Do not require notification or verification from NRCS. YOU only need to follow the NRCS conservation practice standard……..

NRCS Mission Helping People Help the Land Voluntary – Incentive based conservation works!