Current through March 20, 2024
Each applicant for a permit under these regulations shall
submit a nutrient management plan that includes at a minimum the following
information as applicable:
001.01
Scaled drawings, topographic maps, or equivalent. Each drawing or map shall be
easily readable and include a visual scale, a north directional arrow, a fixed
geographic reference point, a permanent bench mark or fixed elevation reference
point, the date the drawing or map was completed, and show:
001.01A The spatial location and extent of
the animal feeding operation and livestock waste control facilities, including
the various components of the facility such as areas designated for
stockpiling, composting, or for temporary holding of dead animals, and the area
immediately adjacent;
001.01B The
location and entire extent of any drainage area controlled or diverted by the
operation including the area immediately adjacent to such area with the runoff
flow directions indicated;
001.01C
The source of the animal feeding operation's water supply, all other wells, and
the location of any wetlands or surface water within the boundaries or
immediately adjacent to the facility;
001.01D The topography or clearly defined
runoff flow direction in and around the operation and facilities, except in the
case of small or medium animal feeding operations, consisting of confined
buildings with underfloor pits or nearby storage structures that are on or
above grade. Cross-sectional drawings may substitute, at the Department
discretion, for detailed topographic drawings or maps;
001.01E Details (such as size, dimensions,
capacities, elevations, and materials) for all conveyance structures, for pipe
inlets and outlets, pipe penetrations into or out of containment or conveyance
structures, lift or pumping stations, liners, and for concrete (including
expansion joint construction, reinforcement and joint construction, sealing
details, and concrete specifications) and all other non-soil construction
materials. A detailed table or figure with the capacities shown at the staff
gauge levels specified in Chapter 8, which include capacities at one-foot
increments, and critical pumpdown or lagoon treatment levels as appropriate;
and
001.01F United States
Geological Survey Quadrangle Map(s), or equivalent scaled topographic maps,
showing the geographic location of the animal feeding operation and the area
extending 2,000 feet from the operation, including the location of all known
wells, surface water bodies, homesteads, and businesses that at the time of
application lie within 2,000 feet of the facility;
001.02 Estimates of the amounts of manure,
litter and process wastewater produced;
001.03 A narrative description of the
livestock waste control facilities and how they will function and
operate;
001.04 Types of animals,
the maximum animal capacity and the average animal weight for each animal
type;
001.05 Design calculations
for sizing of conveyances and storage facilities and diversion of clean water
from the production area;
001.06
Depth and volume tables on at least one-foot increments for all storage
facilities, with operating depths clearly identified as needed to maintain
facilities to comply with effluent limitations; to maintain minimum treatment
volumes in lagoons; and to maintain sludge and sediment accumulations at
reasonably manageable levels;
001.07 Procedures for the proper handling and
disposal of dead animals;
001.08
Procedures for the proper handling and disposal of chemicals;
001.09 A protocol using either a narrative
rate approach or a linear approach as described in section
003 below to land apply manure, litter or process
wastewater for the appropriate agricultural utilization of nitrogen from all
sources, as well as the expected removal of nitrogen in the harvested plant
biomass, and include a nutrient budget for nitrogen and phosphorus that:
001.09A Accounts for all sources of nutrients
including, but not limited to, manure, litter, and process wastewater;
commercial fertilizer; crop residues and previous legume crops; soil organic
matter; available nutrients in the soil; and irrigation water;
001.09B Specifies the form, source, amount,
timing, and method of land application of nutrients on each field;
and
001.09C Minimizes the movement
of nitrogen to ground water and minimizes the movement of nitrogen and
phosphorus to surface water;
001.10 For each field or field segment used
for land application area:
001.10A The legal
description and maps of planned waste application areas to be utilized by the
operation;
001.10B A description of
the field areas to be used including the number of useable acres, dominant soil
type, cropping practices, historic yields with supporting documentation or
published county average yields, a description of any setbacks or buffers, and
use of the land by other animal feeding operations;
001.10C Maps or aerial photos which clearly
show the location and extent of any surface water or wetlands within the
boundaries of the field, as well as the location and extent of any surface
water within 200 feet of the field;
001.10D For any areas not owned by the
permittee or an owner or authorized representative of the operation, the
landowner name, address, legal description, number of acres and an agreement,
signed by the landowner, that clearly identifies the area (legal description
and field acres) and allows for the agronomic application of manure, litter, or
process wastewater to the land;
001.10E Waste sampling and analytic methods,
land application area soil sampling procedures including sampling depths, soil
analytic methods, land application methods to be used, and procedures and
assumptions used to determine appropriate application rates and frequencies,
which comply with these regulations; and
001.10F Record keeping of locations and
quantities of livestock wastes and other sources of nutrients land applied, and
soil and waste sampling and testing results; and for manure, litter or process
wastewater transferred to other persons, the nutrient analysis results and the
date, recipient name and address, and approximate amount transferred;
001.11 Sampling and laboratory
testing as follows:
001.11A Manure, litter,
and process wastewater at least annually for nitrogen and phosphorus
content;
001.11B Application site
soils for nitrogen content before the initial application of manure, litter, or
process wastewater, and then sample and analyze at least annually thereafter if
used for application;
001.11C
Application site soils for phosphorus content before the initial application of
manure, litter, or process wastewater and then at least once every five years
thereafter if used for application;
001.11D Irrigation water prior to initial use
and at least once every five years thereafter for nitrogen; and
001.11E University of Nebraska guidelines for
sampling and analysis may be used. The Department may approve alternate methods
as appropriate;
001.12 An
application rate of liquid containing manure, litter, or process wastewater
that shall not exceed the intake rate of the soil such that runoff of the
manure, litter, or process wastewater occurs. Total liquid application shall
not exceed the field capacity of the soil;
001.13 Site-specific conservation practices
to be implemented, including as appropriate buffers or equivalent practices, to
control runoff of pollutants; and
001.14 A field phosphorus risk assessment
conducted prior to initial land application of manure, litter, or process
wastewater and then prior to subsequent applications if the risk value of any
site category listed in Table 3 of Field Phosphorus Risk Assessment (Appendix
E) has changed, but in no case less than once every five years. The assessment
evaluates such factors as soil type, slope, crop residue, soil fertility,
potential for erosion, and planned cropping practices for each field or field
segment used for land application, to determine the potential for phosphorus
transport from the field or field segment. The assessment shall be completed
for each field or field segment using the form provided in Field Phosphorus
Risk Assessment (Appendix E), which is based on a method developed by the
United States Department of Agriculture Natural Resources Conservation Service,
or by using a comparable field phosphorus risk assessment method and forms
approved for use by the Department. The plan shall identify the phosphorus risk
assessment used for each field or field segment. The planned application rates
for manure, litter, or process wastewater shall be consistent with the risk
assessment for each field, or field segment, as follows:
001.14A For a field or field segment where
there is a low or medium risk of phosphorus movement from the field, a single
year application of manure, litter, or process wastewater may be based on the
expected annual available nitrogen from the waste and other sources;
001.14B For a field or field segment where
there is a high risk of phosphorus movement from the field, the application of
manure, litter, or process wastewater shall be kept at a rate equal to, or less
than, the expected phosphorus removal in harvested plant biomass in a single
crop year, or for a planned crop sequence of five years or less, that is equal
to or less than the expected phosphorus removal in harvested plant biomass for
the crop sequence. The application and other sources shall not exceed the
expected annual available nitrogen use of the crop; and
001.14C For a field or field segment with a
very high risk of phosphorus movement from the field, manure, litter, or
process wastewater shall not be applied.
