Definitions, Plan Development and Revision, BMP Record Keeping

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy

RULE NO: RULE TITLE
5M-12.002: Definitions
5M-12.004: Plan Development and Revision
5M-12.006: BMP Record Keeping

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 7, February 19, 2010 issue of the Florida Administrative Weekly.

5M-12.001 No change.

5M-12.002 Definitions.

(1) “Conservation plan” means a record of the decisions and supporting information for treatment of a unit of land or water, approved by USDA/NRCS or certified by a Technical Service Provider, which meets the requirements of Rule 5M-12.004, F.A.C.

(2) through (4) No change.

(5) “Notice of Intent” means a form provided by the Department to be submitted by the producer to enroll in BMPs.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New_________.

 

5M-12.003 No change.

5M-12.004 Plan Development and Revision.

(1) The conservation plan shall be developed in accordance with the USDA/NRCS National Planning Procedures Handbook Amendment 4, December 2006 (hereby adopted and incorporated by reference), and shall be consistent with quality criteria for soil, water quality, and water quantity contained in Florida’s Quality Criteria, Section III (A), of the USDA/NRCS Field Office Technical Guide (FOTG), April 2005 (hereby adopted and incorporated by reference). These documents may be obtained from USDA/NRCS, P. O. Box 141510, 2614 N.W. 43rd St., Gainesville, FL 32614-1510, or accessed online at: http://www.floridaagwaterpolicy.com/bestmanagementpractices.html http://www.nrcs.usda.gov/Technical/efotg/.

(2) The conservation plan shall include identify:

(a) As listed in Section III B of the FOTG, March 2005 (hereby adopted and incorporated by reference), all the essential conservation practices for the identified land uses on the operation, and the applicable facilitating conservation practices that support quality criteria for soil, water quality, and water quantity contained in Section III A of the USDA/NRCS FOTG, April 2005. Section III B of the FOTG, March 2005, may be obtained from USDA/NRCS, P. O. Box 141510, 2614 N.W. 43rd St., Gainesville, FL 32614-1510, or accessed online at: http://www.nrcs.usda.gov/Technical/efotg/ or http://www.floridaagwaterpolicy.com/bestmanagementpractices.html.

(b) A completed copy of the BMP checklist All applicable BMPs contained in each manual adopted by the Department under Title 5M, F.A.C., that is applicable adopted manuals relevant to the operation. The producer shall complete and include in the plan the BMP checklists from the relevant manuals;

(c) The schedule of operations and activities needed to address all identified soil and water quality and water quantity issues, which provides for implementing:

1. As soon as practicable within one year after submitting the of Notice of Intent (NOI) submittal, the applicable non-structural nutrient and irrigation management practices.

2. As soon as practicable within two years after submitting the of NOI submittal, the remaining applicable practices, except for practices that require more time to implement, as specified in the plan.

(d) All applicable record-keeping requirements, including the relevant requirements in Rule 5M-12.006, F.A.C.; and

(e) The date of plan completion or revision.

(3) The plan shall be approved by USDA/NRCS or certified by a Technical Service Provider that it incorporates the relevant FOTG criteria and practices referenced in subsections (1) and (2).

(3)(4) The plan shall be reviewed at least every five years, and updated as necessary to continue to meet the requirements of this rule. If the Department adopts or revises any BMP manuals applicable relevant to the operation subsequent to plan completion, the producer shall include in the plan a completed copy of the BMP checklist contained in the new or revised manual incorporate any additional applicable BMPs into the plan.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New_______.

 

5M-12.005 No change.

5M-12.006 BMP Record Keeping.

Participants must preserve documentation to confirm implementation and maintenance of the BMPs contained in the conservation plan submitted with the NOI. All documentation is subject to inspection. Record keeping shall include:

(1) As applicable to the operation, documentation specified in the conservation plan USDA/NRCS FOTG.

(2) Records specified for any applicable BMPs in Department-adopted manuals adopted by the Department under Title 5M, F.A.C., that are applicable relevant to the operation.

Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New_______.

 

5M-12.007 No change.

5M-12.008 No change.