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Interpretive Rule (IR) and Applicability of the Clean Water Act, Section 404(f)(1)(A)

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:.

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Interpretive Rule (IR) and Applicability of the Clean Water Act, Section 404(f)(1)(A)

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

  2. 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.

  3. 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.

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

  5. 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……..

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

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