WI Natural Resources Board October 2019 Webcast

1. WI Natural Resources BoardOctober 2019 Webcast AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

2. Informational Item:Agricultural Performance Standards in NR 151 AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

3. NR 151 Purpose • Establishes runoff pollution performance standards for agricultural, non-agricultural, and transportation facilities. • Creates a process to develop and disseminate non-ag technical standards. • Specifies how to develop targeted performance standards if statewide performance standards do not achieve water quality standards. AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

4. Elements of NR 151 I – Definitions, General Provisions • Targeted Performance Standards provision is here. II – Agricultural Performance Standards and Prohibitions III – Non-Agricultural Performance Standards IV – Transportation Performance Standards V – Process to Develop Non-Agricultural Technical Standards AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

5. Ch. NR 151, Wis. Adm. Code Runoff Management – Agricultural Perf. Standards • 2002 • Performance standards and prohibitions for all agricultural operations in the state • 2010 • Updated to include additional standards and prohibitions • For example, tillage setback from streams and phosphorus index • 2018 • Updated to include targeted performance standards to address pathogen issues in Silurian bedrock areas AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

6. Statewide Agricultural Performance Standards • Sheet, rill, and wind erosion • Tillage setback • Phosphorus index • Manure storage facilities • Process wastewater handling • Clean water diversions • Nutrient management AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

7. Manure Management Prohibitions • No overflow of manure storage facilities • No unconfined manure pile in a water quality management area • No direct runoff from a feedlot or stored manure to waters of the state • Livestock grazing may not cause stream bank erosion AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

8. NR 151 Implementation • Primarily implemented by County Land Conservation Departments • County ordinances • MOUs with DNR • County Land & Water Resource Management Plans • Implementation may be tied to other programs • Farmland Preservation Program, DATCP • Phosphorus Multi-Discharger Variance, DNR AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

9. 2003 Implementation Strategy Collaboration by DNR, DATCP, UW, and counties. • Counties provide: • lead role for implementation • technical assistance to farmers • DATCP administers: • funds to counties for staffing • grants and incentives for water quality practices • DNR offers: • grants and technical assistance • enforcement support • UW hosts outreach opportunities

10. Targeted Performance Standards • Authority described in NR 151.004. • The department shall develop targeted performance standards if the statewide performance standards do not achieve water quality standards. AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

11. Targeted Performance Standards • Apply to a specific area having characteristics that necessitate additional practices to meet water quality standards. • Considerations for creating a TPS: • Geology and physical parameters • Data or modeling indicate problems • Pollutants of concern AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

12. Silurian Bedrock TPS • Geology and physical parameters=areas with shallow soils over Silurian bedrock. • Pollutant of concern= pathogens in drinking water AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

13. Summary of the Silurian TPS • Prohibition of manure application if soil depth is 0-2 ft. over Silurian bedrock. • Soil depth verification (maps or in-field). • Pre-tillage requirements. • Compliance options based on rates, timing, and pathogen reductions. • Less restrictive as soil depth increases. AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

14. Silurian Bedrock TPSUpdate • Full integration into CAFO permits in the area by 2023. Some voluntary participation exists. • Counties are working with non-CAFO farms through grants, ordinances, and meetings. • Periodic groundwater assessment will help gauge the efficacy of the TPS over time. AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management

15. Questions? AGENDA ITEM 3c Brian Weigel – Deputy Director, Watershed Management