MARGINAL PASTURELAND & PRACTICES

1. MARGINAL PASTURELAND & PRACTICES FARM SERVICE AGENCY

2. OVERVIEW • Marginal Pastureland • Painting the picture/note • Definition / Examples • Who Determines Seasonal/Perennial Stream • Stream Matrix • Seasonal stream • Stream Criteria • Perennial stream • Requirements • Marginal Pastureland and Trees • Eligibility is tied to resolving a resource concern • Practices that are eligible • CP22—Riparian Buffers • CP29—Wildlife Habitat Buffer • CP30—Wetland Buffer

3. PAINTING THE PICTURE • Water Quality • Marginal Pastureland—CP22, CP29, & CP30 • CP22—Riparian Buffer • Cropland or • Marginal pastureland TREES • Different Rules • CP29—Wildlife Buffer • No trees • Wildlife—native species • CP30—Wetland Buffer • No trees • Wetland

4. NOTE: • Land suitable for trees—must be CP22! • Can only look at CP29 & CP30 if it is NOT suitable for trees

5. DEFINITION OF MARGINAL PASTURELAND • Marginal Pastureland is NOT cropland, forestland, or woodland • It must be immediately adjacent and parallel to either a perennial or seasonal stream, or permanent water body (lake or pond) • Under NO circumstances can land be considered both cropland and marginal pastureland • It must be devoted to a riparian buffer, wildlife buffer, or wetland buffer • If suitable for trees—must be CP22

6. MARGINAL PASTURELAND EXAMPLES • Noncropland Area immediately adjacent and parallel to either a perennial or seasonal stream, or permanent water body that is: • Livestock Wintering/Calving area • Livestock concentration area • Below a cropland field receiving some type of pollutant off the cropland causing a resource concern

7. WHO DETERMINES SEASONAL/PERENNIAL STREAM • NRCS • How • NRCS Technical Guide 28 • Issued 2/15/01 (Revised and Re-issued) • Matrix Defines • Perennial Streams • Seasonal Streams • Ephemeral Streams

8. STREAM MATRIX FOR USE IN CRP ELIGIBILITY DETERMINATIONS

9. 640 Ac. 320 Ac. 240 Ac.

10. SEASONAL STREAM • Seasonal Stream—is a stream that contains water for only part of the year but more than just during and/or after rainfall or snowmelt • Intermittent flow regime • Channel form—bed and bank present, flat to parabolic bottom • Flow duration (days/yr)—Continuously for 30+ or Division of Water Resources Guidelines for stream definition • Riparian Vegetation present

11. TO MEET THE CRITERIA FOR THE SEASONAL STREAM • Streams must: • Contain a defined channel bed and channel bank, and • Contain water for 30 or more days/year, as certified by local agency staff, or contain existing riparian vegetation • Meet the Division of Water Resource Drainage Guidelines • Note: All points downstream of any area where the criteria is satisfied shall be considered to meet seasonal stream criteria as long as there is a defined stream channel (bed and bank)

12. PERENNIAL STREAM • Perennial Stream—is a stream that contains water throughout the year • Continuous flow regime • Channel form—bed, bank, and floodplain well developed • Flow duration—365 • Riparian vegetation is of diverse age structure and composition under natural conditions

13. COC determines: Producer eligibility Land offered is marginal pastureland Program policy and size requirements for riparian buffer are met (Exh. 9) NRCS or TSP determines: Land is suitable for riparian buffer Riparian, wildlife habitat, or wetland buffer is needed and feasible Purpose of the practice is met – solves Resource Concern Existing trees on the offered land are/are not functioning as a riparian buffer Producer offers a per acre rental rate that is less than or equal to the calculated max. payment rate using the applicable marginal pastureland rental rate for the county. Offers in excess of the max. payment rate shall be rejected. MARGINAL PASTURELAND REQUIREMENTS

14. MARGINAL PASTURELAND AND TREES • Land enrolled must be devoted to a riparian buffer devoted to trees: (planted or natural regeneration) • Trees need to be immediately adjacent and parallel to the eligible stream or water body • If trees are already established and functioning as a riparian buffer, as determined by NRCS or TSP, the land is not eligible to be enrolled in CP22. • If the existing trees are not functioning as a riparian buffer because of the presence of livestock, the land is not eligible to be enrolled in CP22. • Marginal pastureland that is not suitable for tree plantings, is not eligible to be enrolled as CP22. It may be eligible to be enrolled as CP29 or CP30

15. ELIGIBILITY IS TIED TO RESOLVING RESOURCE CONCERN • Must achieve purpose of practice • NRCS must determine (with a site visit) whether the practice resolves resource concern identified in the purpose of each practice • If it does not—it is NOT eligible

16. CP 22, CP29 & CP30 Practices • These practices (CP22, CP29 & CP30) provide the opportunity to offer producers an incentive to move winter feeding/concentration areas away from a water body • Where on site determinations provide a documented issue with the existing vegetation these situations will meet an obvious resource need in reducing the amount of pollutants reaching a water body

17. CP22—RIPARIAN BUFFER • The purpose of this practice is to remove nutrients, sediment, organic matter, pesticides, and other pollutants from surface runoff and subsurface flow by deposition, absorption, plant uptake, denitrification, and other process, • Create shade to lower water temperature to improve habitat for aquatic organisms • Provide a source of detritus and large woody debris for aquatic organisms and habitat for wildlife • A riparian buffer shall not be less than 35 feet in width • Max average width of 180 feet

18. CP22—RIPARIAN BUFFER • Has two components: • Cropland component • Marginal pastureland component • Marginal pastureland is suitable • Trees must be devoted to a riparian buffer (CP22)! • Not suitable for trees as determined by NRCS it is not eligible for CP22 • Cannot use Practice CP29 and CP30 if suitable for trees

19. CP29 – WILDLIFE HABITAT BUFFERCP30 – WETLAND BUFFER • The purpose of both these practices is to remove nutrients, sediment, organic matter, pesticides, and other pollutants from surface runoff and subsurface flow by deposition, absorption, plant uptake, denitritification, and other processes, and thereby reduce pollution and protect surface water and subsurface water quality while enhancing the ecosystem of the water body. • The purpose of CP29 will restore native plant communities, characteristic of the site, will assist in stabilizing stream banks, reducing flood damage impacts, and restoring and enhancing wildlife habitat. • The purpose of CP30 will enhance and/or restore hydrology and plant communities associated with existing or degraded wetland complexes. The goal is to enhance water quality, reduce nutrient pollutant levels, and improve wildlife habitat.

20. CP29 & CP30 Cont. • Practices to be utilized for marginal pastureland eligibility areas where the predominant native vegetation is a mixture of grass, forbs, and shrubs—not forest or woodland • Practices (CP29 & CP30) must treat a resource concern not being addressed by the existing vegetation • Evidence of concentrated flow, poor vegetation density, bank instability, poor plant diversity, or other issues should be considered • Grass, shrub, and forb components should be determined on a site specific basis. Shrubs will not be required to be planted, if they are not a part of the natural site vegetation • Only native species may be utilized for Practice CP29

21. CP29 & CP30 Cont. • Both practices are essentially the same with CP30 being eligible around wetlands and CP29 being eligible around wildlife • Min. width in KS is 30 ft. with max. width of 120 ft. except when: • Atrazine application areas the max. width will be 200 ft. • Above watershed structures a variance to apply the min. width from the 10 year 24 hour frequency storm elevation has been approved • Above COE or other dams the frequently flooded elevation should be considered when determining where to begin the filter strip width • Request variances for these on a site specific basis

22. CP29 – WILDLIFE HABITAT BUFFER • COC determines: • All marginal pastureland eligibility requirements are met • The natural vegetation for the site is a mix of grasses, shrubs, and forbs, only native species permitted • The marginal pastureland offered is immediately adjacent and parallel to 1 of the following: • Stream having perennial flow • Seasonal stream • Sinkholes and karst areas • Other permanent water bodies, such as lakes and ponds, that provide water cover throughout the year in all years

23. CP29 – WILDLIFE HABITAT BUFFER Cont. • NRCS or TSP determines, based on a site visit, all of the following: • The marginal pastureland is suitable to be devoted to a wildlife habitat buffer • The wildlife habitat buffer is needed and feasible to solve the resource concern • The marginal pastureland is capable, after the wildlife habitat buffer is established, of substantially reducing pollutants in the nearby eligible stream or other water body

24. CP30 – WETLAND BUFFER • COC determines: • All marginal pastureland eligibility requirements are met • The marginal pastureland is immediately adjacent or parallel to 1 of the following: • Stream having perennial flow • Seasonal stream • Sinkholes and karst areas • Wetlands with water areas capable of reducing damages by sedimentation and associated pollutants that meet 1 of the following: • Permanently Flooded • Intermittently Exposed • Semipermanently Flooded • Seasonally Flooded • Other permanent water bodies, such as lakes and ponds, that provide water cover throughout the year in all years

25. CP30 – WETLAND BUFFER Cont. • NRCS or TSP determines, based on a site visit, all of the following: • The marginal pastureland is suitable to be devoted to a wetland buffer • The wetland buffer is needed and feasible to solve the resource concern • The marginal pastureland is capable, after the wetland buffer is established, of substantially reducing pollutants in the nearby eligible stream or other water body

26. SUMMARY • Try to match the resource concern with the practice that best solves that concern. • CRP does not solve all problems.

27. FARM SERVICE AGENCY Rod Winkler, Program Specialist Dennis Gaschler, Program Specialist Kansas State FSA Office Manhattan, Kansas 785-539-3534