IOWA INSTRUCTION 180-391 – PRELIMINARY & FINAL HIGHLY ...€¦ · CERTIFIED MAIL--RETURN RECEIPT REQUESTED. Date . Mr. /Ms. John Farmer . Rural Farm . City, IA XXXXX . Dear Mr./Ms.Farmer:

April 24, 2015 IOWA INSTRUCTION 180-391 – PRELIMINARY & FINAL HIGHLY ERODIBLE LAND (HEL) AND WETLAND DECISION LETTERS Part 391.0 PURPOSE

This Iowa Instruction provides instructions and template letters to be used for Highly Erodible Land (HEL) and Wetland decisions (determinations and compliance).

Part 391.1 SCOPE

These instructions will be followed by NRCS employees when sending preliminary/final decision letters. This Instruction replaces Iowa Instruction 190-380, dated August 18, 2009. Letters provided with Iowa Instruction 190-380 should no longer be used when sending notification of HEL and Wetland decisions to USDA participants and/or landowners.

Part 391.2 FILING INSTRUCTIONS

This Iowa Instruction will be posted on the Iowa NRCS Employee Website, which can be accessed under the Topics/People/NRCS Employees/Iowa NRCS eDirectives or at this link Iowa NRCS eDirectives website.

Part 380.3 EXHIBITS

See the attachments. /s/Jay T. Mar State Conservationist Attachment E

(IA Instruction 180-391 First Edition – April 2015)

Natural Resources Conservation Service 210 Walnut Street, Room 693 Des Moines, IA 50309-2180

Voice (515) 284-4769 – FAX (855) 261-3544 An Equal Opportunity Provider and Employer

http://www.nrcs.usda.gov/wps/portal/nrcs/detail/ia/people/employees/?cid=nrcs142p2_008274

IOWA INSTRUCTION 180-391 FIRST EDITION - PRELIMINARY & FINAL HIGHLY ERODIBLE LAND (HEL) AND WETLAND DECISION LETTERS

1. PURPOSE:

This Iowa Instruction provides instructions and template letters to be used for Highly Erodible Land (HEL) and Wetland decisions (determinations and compliance decisions).

2. ROLES AND RESPONSIBILITIES:

When providing the USDA participant and/or landowner notification of an HEL or Wetland decision (determination, HEL and/or Wetland compliance decision); use the attached template letters.

These letters will serve as both the preliminary and final determinations and will be sent via Certified Return Receipt mail. If a USDA participant requests reconsideration and a field visit or mediation, a separate Final Technical Decision letter will be issued by the State Conservationist. The letters will be sent to the USDA participant and/or landowner via Certified Return Receipt mail. Replace existing template letters with the attached letters or find attached letters here: S:\NRCS\NRCS_statewide_shared\180_CPA_Conservation_Planning_and_Application\180-12-11 Planning.

Contact Don Carrington at [email protected] or (515) 323-2615 with any questions or comments.

3. EXPLANATION:

Changes in compliance rules due to the passage of the 2014 Farm Bill resulted in NRCS determining that specific language needed to be included in our HEL


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mailto:[email protected]

and Wetland decision letters. Preliminary and final decision notification has been combined into one letter in an effort to increase the efficiency of Designated Conservationists.

Approved By: /s/ Date: April 28, 2015 Jay T. Mar State Conservationist Attachments

Attachment A – Existing Wetland Determination Attachment B – Final Reconsideration Attachment C – Good News Status Review Attachment D – HEL Preliminary Final Attachment E – NHEL Preliminary Final Attachment F – Preliminary Final CW Drainage District Wetland Attachment G – Preliminary Final Non Wetland PC Technical Determination Attachment H – Preliminary Final Technical Determination Farmed Wetland Attachment I – Final Technical Determination Wetland Attachment J – Preliminary Final AM Technical Determination Attachment K – Preliminary Final AH Technical Determination Attachment L – Preliminary Final CA Technical Determination Attachment M – Preliminary Final CW Plus Year Attachment N – Preliminary Final CW 1985-1990 Wetland Attachment O – Preliminary Final NA Technical Determination Attachment P – Preliminary Final WX Attachment Q – Status Review Notification


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Attachment A

CERTIFIED MAIL--RETURN RECEIPT REQUESTED

Date Mr. /Ms. John Farmer Rural Farm City, IA XXXXX Dear Mr./Ms.Farmer: Based upon your recent request for a Certified Wetland determination, this letter is to notify you that a Certified Wetland determination has previously been completed for your Farm #XXXXX, Tract #XXXXX, in XXXXXX County, Iowa. The previously Certified Wetland determination was completed in accordance with the National Food Security Act Manual Wetland Identification procedures; 7 CFR Part 12 to include Sections 12.2 and 12.5(b). A copy of the previously completed Certified Wetland determination has been enclosed for your review. The Certified Wetland determination was completed for the same area as your Current Wetland determination request. Therefore, your current request for a Wetland determination will not be completed by the Natural Resources Conservation Service (NRCS). If you agree with the enclosed Certified Wetland determination, no further action is required on your part. The enclosed Certified Wetland determination may be relied upon when making decisions involving current and future drainage projects. If additional information is needed, please contact your local NRCS office. If you disagree with the enclosed Certified Wetland determination, you may request a review of the determination if one of the following applies:

1) If a natural event has altered the topography or hydrology of the subject land to the extent that the final certification is no longer a reliable indication of site conditions, or

2) The NRCS concurs that an error exists in the current wetland determination.

A request for review of the enclosed Certified Wetland determination must be in writing and include what natural event occurred that changed the hydrology or topography or what error exists in the current wetland determination. Failure to include this information will result in your request for a review being denied. You have not been offered appeal rights as the appropriate time period to request an appeal of the 1994 determination has expired. If you feel that NRCS’s decision to deny appeal rights is in error you may request a review of this decision from the Director of the Nation Appeals Division



Mr. /Ms. John Farmer Page 2 (NAD). Your request must be in writing and state the reason that the decision to deny appeal rights is in error. You may contact the NAD Director at the following address: Director National Appeals Division 3101 Park Center Drive, Suite 1100 Alexandria, VA 22302 You have 30 days from receipt of this letter in which to make an appeal to the Director of the National Appeals Division. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the wetland conservation provisions. Eligibility for most USDA programs is lost for any wetland conversions that have occurred after December 23, 1985. However, only wetland conversions that occur after February 7, 2014, result in ineligibility for federal crop insurance premium subsidy. The Certified Wetland determination/delineation has been conducted for the purpose of implementing the Food Security Act of 1985 as amended. This determination/delineation may not be valid for identifying the extent of the United States Army Corps of Engineers (COE) Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters of the United States including lakes, rivers, intermittent or perennial streams, you should request a jurisdictional determination from the Rock Island District COE office prior to starting your work. In order to maintain your eligibility for USDA program benefits, contact your local NRCS office prior to performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging) in or adjacent to the identified Wetland (W), Farmed Wetland (FW), Farmed Wetland Pasture or Hayland (FWP), or Not Inventoried area(s). If you need further assistance or have questions about this matter, please contact me at Your phone number. Sincerely, Your Name Designated Conservationist Enclosure cc: Owner’s Name, Address, City, State XXXXX-XXXX Name, District Conservationist, NRCS, City, State Your FSA County Committee, Address, City, State XXXXX-XXXX


Attachment B


Date Mr./Ms. John Farmer Rural Farm Address City, IA XXXXX-XXXX Dear Mr./Ms. Farmer: You requested reconsideration and a field visit in regards to the Natural Resources Conservation Service’s (NRCS) Preliminary Technical determination that you were Not Actively Applying an Approved Conservation System on Tract #135 in What County. Your request followed the procedures found in the National Food Security Act Manual (NFSAM) and 7 CFR Part 614. Upon consideration of the information that you presented during the reconsideration field visit, I have determined that the Preliminary Technical determination is not correct. The correct determination is that the Conservation Plan Practices or an Approved Conservation System is being Maintained (UA) on Tract #135 for the 2013 crop year. This determination means that you will remain eligible for USDA benefits for the 2013 crop year if you have not been notified of any violations on any other tracts that you own or operate. If you do not consider this decision to be adverse, no further action is required on your part. If you disagree with this Final Technical Determination, you may request one of the following options. You may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 30 calendar days from the date of receipt of this notice. Your appeal request must be in writing and state the reason that you believe this Final Technical determination is not correct. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical Determination is not correct. If you do not appeal within 30 days of this determination becoming Final to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given.



Mr./Ms. John Farmer Page 2 The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the Highly Erodible Land (HEL) provisions. Previous USDA participants who are currently not in compliance with the HEL provisions have two (2) reinsurance years to develop and comply with an NRCS-approved conservation plan to remain eligible for federal crop insurance premium subsidy. Producers who are subject to HEL compliance for the first time due to the 2014 Farm Bill have five (5) reinsurance years to develop and comply with an NRCS-approved conservation plan when producing an agricultural commodity on HEL. If you are unsure about your status as a previous USDA participant, please inquire at your local Farm Service Agency office. If you have any questions about this procedure or determination, please contact me at Phone Number. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Your Name Designated Conservationist cc: Owner’s Name, Address, City, State XXXXX-XXXX Name, District Conservationist, NRCS, City, IA Your FSA County Committee, Address, City, IA XXXXX-XXXX


Attachment C

Date Mr. John Farmer Address City, State XXXXX-XXXX Dear Mr. Farmer: Good News! As you were previously informed, land you own and/or operate, Tract #975, in Your County was selected for a status review. Our review of your tract shows that your current farming system meets the Highly Erodible Land (HEL) compliance requirements of the 1985 Food Security Act as amended for this tract. Your current farming system may not meet the HEL compliance requirements on other tracts that you farm due to differences in soil type, slope and climate. If you would like to review your compliance plan on other farms or see what conservation practices you can apply to improve the soil quality and health of your farm, contact your local Natural Resources Conservation Service (NRCS) office soon. Sincerely, Your Name Designated Conservationist cc: Owner name, Address, City, IA XXXXX-XXXX




Attachment D


Date Mr. /Ms. John Farmer Rural Farm City, IA XXXXX-XXXX Dear Mr. /Ms. Farmer: Based upon your recent request for a Highly Erodible Lands (HEL) determination, this letter is to notify you that a Preliminary Highly Erodible Lands (HEL) determination has been completed for your Farm #XXXX, Tract #XXXX, XXXXX County, Iowa, as per 7 CFR Part 12 and the National Food Security Act Manual (NFSAM). I have completed the Preliminary Technical Determination for highly erodible lands on this tract. See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form and the aerial photo for location(s). The fields listed as HEL on the enclosed NRCS-CPA-026 are HEL for reasons as provided by the boxes below that are checked:

The highly erodible soil map units in the field constitute 33.33 percent or more of the acreage in the field,

And / Or

The highly erodible soil map units in the field equal 50 or more acres.

And / Or

A previously determined HEL field was split and the new field has HEL soil map

units. This preliminary determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:

1. A reconsideration and field visit. During the field visit we will review the basis for our determination, answer any questions you have regarding this preliminary determination, and offer an opportunity for you to provide additional information regarding this determination.



Mr. /Ms. John Farmer Page 2

2. Request mediation by contacting the Iowa Mediation Service at the address below. Mediation may be used in an attempt to settle your concerns with the preliminary highly erodible lands technical determination.

Iowa Mediation Service 1441 29th Street, Suite 120 West Des Moines, IA 50266 (515) 331-8081

If you choose to use mediation, the Natural Resources Conservation Service (NRCS) will pay up to one-half of the costs that are appropriate and reasonable which are associated with securing the services of a trained mediator when the services are provided on other than a voluntary basis. The NRCS will have final discretion over what is considered appropriate and reasonable.

3. You may waive your rights to mediation and a field review of the Preliminary Technical

Determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a Final Technical Determination and appeal rights to National Appeals Division (NAD) and/or to the FSA County Committee.

If you do not consider the results of this determination adverse to you, no further action is required by you. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 (800) 541-0457 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical Determination is not correct. If you do not appeal within 30 days of this determination becoming Final to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given. The 2014 Farm Bill connected producer eligibility for Federal crop insurance premium subsidy to compliance with the highly erodible land (HEL) provisions. Previous USDA participants who are currently not in compliance with the HEL provisions have two (2) reinsurance years to develop and comply with an NRCS-approved conservation plan to remain eligible for Federal crop insurance premium subsidy. Producers who are subject to HEL compliance for the first time due

Mr. /Ms. John Farmer Page 3 to the 2014 Farm Bill have five (5) reinsurance years to develop and comply with an NRCS-approved conservation plan when producing an agricultural commodity on HEL. If you are unsure about your status as a previous USDA participant, please inquire at your local Farm Service Agency office. If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist Enclosures cc: Owner’s Name, City, State Zip Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist, NRCS, City, IA Your County FSA


Attachment E


Date Mr. /Ms. John Farmer Rural Farm City, State XXXXX-XXXX Dear Mr. /Ms. Farmer: Based upon new field boundaries, resulting from dividing or combining one or more existing fields, a Highly Erodible Lands (HEL) determination has been completed for your Farm #XXXXX, Tract #XXXX, Section XX, XXXXX Township, Your County, Iowa, as per 7 CFR Part 12 and the National Food Security Act Manual. This letter is to notify you that a Preliminary Highly Erodible Lands determination has been completed. I have completed the Preliminary Technical Determination for highly erodible lands on this tract. See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form and the aerial photo for location(s). The fields listed as on the enclosed NRCS-CPA-026 are Not HEL because:

The highly erodible soil map units in the field constitute less than 33.33 percent or more of the acreage in the field and the highly erodible soil map units in the field equal less 50 than acres.

If you do not consider this Highly Erodible Land determination to be adverse, no further action is required on your part. If you disagree with the HEL determination, you may request one of the following options. This preliminary determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:

1) A reconsideration and field visit. During the field visit we will review the basis for our determination, answer any questions you have regarding this preliminary determination, and offer an opportunity for you to provide additional information regarding this determination.

2) Request mediation by contacting the Iowa Mediation Service at the address below.

Mediation may be used in an attempt to settle your concerns with the preliminary highly erodible lands technical determination.

Natural Resources Conservation Service

210 Walnut Street, Room 693 Des Moines, IA 50309-2180





3) You may waive your rights to mediation and a field review of the Preliminary Technical

Determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a Final Technical Determination and appeal rights to the National Appeal Division (NAD) and/or to the FSA county committee (FSA-COC).

After completion of the field visit if one is requested, or following the completion of mediation, a Final Technical Determination will be issued. If you take no action during the 30 days, this Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical determination is not correct. If you do not appeal within 30 days of this determination becoming Final to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the highly erodible land (HEL) provisions. Previous USDA participants who are currently not in compliance with the HEL provisions have two (2) reinsurance years to develop and comply with an NRCS-approved conservation plan to remain eligible for federal crop insurance premium subsidy. Producers who are subject to HEL compliance for the first time due to the 2014 Farm Bill have five (5) reinsurance years to develop and comply with an NRCS-approved conservation plan when producing an agricultural commodity on HEL. If you are unsure about your status as a previous USDA participant, please inquire at your local Farm Service Agency office.

Mr. /Ms. John Farmer Page 3 If you have any questions about this procedure or determination, please contact me at Phone Number. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist Enclosures cc: Owner’s Name, Address, City, State Zip Code Name, District Conservationist, NRCS, City, Iowa Name, Assistant State Conservationist (FO), NRCS, City, Iowa Your County FSA, Address, City, State Zip Code


Attachment F


Date Mr./Ms. John Farmer Rural Farm Address City, IA XXXXX-XXXX Dear Mr./Ms. Farmer: I have completed a Preliminary Technical Determination that indicates that activities have been conducted that resulted in Converted Wetlands on your Farm #XXXXX, Tract #XXXX, Your County, Iowa. This determination was completed in accordance with the National Food Security Act Manual Wetland Identification procedures; 7 CFR Part 12 to include Sections 12.2 and 12.5(b). See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form for definitions of wetland labels and aerial photo for locations of highly erodible land and/or wetlands. The Preliminary Technical Determination is: There are wetland(s) or wetland(s) types as listed on the attached form. The Preliminary Technical Determination is that Field 13 of Tract #XXXX contains Converted Wetland(s) (CW) for USDA purposes. The areas designated as wetlands are wetlands because:

• Has a predominance of hydric soils, • Is inundated or saturated by surface or groundwater at a frequency and duration

sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions, and

• Under normal circumstances does support a prevalence of such vegetation. The area is a Converted Wetland because:

Manipulation that exceeds the Scope and Effect of the drainage system installed prior to December 23, 1985, has been started and/or completed by the Drainage District.

This Preliminary determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:

1. A reconsideration and field visit. During the field visit we will review the basis for our preliminary converted wetland determination, answer any questions you have regarding this preliminary determination, and offer an opportunity for you to provide additional information regarding this determination.




2. Request mediation by contacting the Iowa Mediation Service at the address below. Mediation may be used in an attempt to settle your concerns with this preliminary converted wetland determination.




Determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a final technical determination and appeal rights to National Appeals Division (NAD) and/or to the FSA County Committee.

After completion of the field visit if one is requested, or following the completion of mediation, a Final Technical Determination will be issued. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 The Food Security Act of 1985, as amended, states that any person who converts a wetland by draining, dredging, filling, leveling, removing woody vegetation, or other means for the purpose, or to have the effect, of making the production of an agricultural crop possible shall lose eligibility for certain United States Department of Agriculture (USDA) program benefits, as set forth in the USDA regulation, 7 CFR Part 12 Section 12.4a. However, because the improvement to the drainage system was completed under the control of the Drainage District you may remain eligible for USDA program benefits by taking one of the following actions:

• Do not produce an agricultural commodity or forage crop harvested by mechanical means on the Converted Wetland (CW) area.

• Mitigate for the lost functions, values and acres of the Converted Wetland (CW).

Mr./Ms. John Farmer Page 3 Mitigating for the functions, values and acres of the Converted Wetland (CW) may be an option that would allow you to produce an agricultural commodity on this area(s). See your local NRCS office for details. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the wetland conservation provisions. Eligibility for most USDA programs is lost for any wetland conversions that have occurred after December 23, 1985. However, only wetland conversions that occur after February 7, 2014, result in ineligibility for federal crop insurance premium subsidy. This certified wetland determination/delineation has been conducted for the purpose of implementing the Food Security Act of 1985 as amended. This determination/delineation may not be valid for identifying the extent of the United States Army Corps of Engineers (COE) Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters of the United States including lakes, rivers, intermittent or perennial streams, you should request a jurisdictional determination from the Rock Island District COE office prior to starting your work. In order to maintain your eligibility for USDA program benefits, contact your local NRCS office prior to performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging,) in or adjacent to the identified Wetland (W), Farmed Wetland (FW), Farmed Wetland Pasture or Hayland (FWP), or Not Inventoried area(s). If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist Enclosure cc: Owner, Address, City, State XXXXX-XXXX Name, District Conservationist, NRCS, City, IA Name, Assistant State Conservationist (FO), NRCS, City, IA Your FSA County Committee, Address, City, IA XXXXX-XXXX


Attachment G


Date Mr./Ms. John Farmer Rural Farm Address City, IA XXXXX-XXXX Dear Mr./Ms. Farmer: Based upon your recent request for a Certified Wetland Determination, this letter is to notify you that a preliminary wetland determination has been completed for your Farm #XXXX, Tract #XXXXX, in XXXXXX County, Iowa. This determination was completed in accordance with the National Food Security Act Manual Wetland Identification procedures; 7 CFR Part 12 to include Sections 12.2 and 12.5(b). See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form for wetland label definitions and aerial photo for locations of highly erodible land and/or wetlands. If you did not request a wetland determination for your entire farm, wetlands may exist in other locations. The Preliminary Technical Determination is: There are Non Wetland(s) (NW) areas and/or areas have been identified as Prior Converted Cropland (PC) in locations as indicated on the enclosed aerial photo for which you requested a wetland determination. Both the Non Wetland areas and the Prior Converted Cropland areas may be manipulated (tiled, filled, drained, etc.) without loss of eligibility of United States Department of Agriculture (USDA) Program benefits. If you did not request a wetland determination for your entire farm, wetlands may exist in other locations. In order to maintain your eligibility for USDA program benefits, contact your local Natural Resources Conservation Service (NRCS) office prior to performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging.) If you do not consider the results of this determination to be adverse to you, no further action is required by you. If you feel that this determination is adverse, you may appeal this preliminary determination by requesting in writing one of the options listed below within 30 days of receipt of this letter.

1. A reconsideration and field visit. During the field visit we will review the basis for our determination, answer any questions you have regarding this preliminary determination, and offer an opportunity for you to provide additional information regarding this determination. If you chose Reconsideration, please make your request in writing and address the request to me.



Mr./Ms. John Farmer Page 2

2. Request mediation by contacting the Iowa Mediation Service at the address below. Mediation may be used in an attempt to settle your concerns with the preliminary wetland technical determination.


If you choose to use mediation, the NRCS will pay up to one-half of the costs that are appropriate and reasonable which are associated with securing the services of a trained mediator when the services are provided on other than a voluntary basis. The NRCS will have final discretion over what is considered appropriate and reasonable.

3. You may waive your rights to mediation and a field review of the preliminary technical

determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a final technical determination and appeal rights to the National Appeals Division (NAD) and/or to the FSA county committee.

After completion of the field visit if one is requested, or following the completion of mediation, a final technical determination will be issued. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the wetland conservation provisions. Eligibility for most USDA programs is lost for any wetland conversions that have occurred after December 23, 1985. However, only wetland conversions that occur after February 7, 2014, result in ineligibility for federal crop insurance premium subsidy. This certified wetland determination/delineation has been conducted for the purpose of implementing the Food Security Act of 1985 as amended. This determination/delineation may not be valid for identifying the extent of the United States Army Corps of Engineers (COE) Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters of the United States including lakes, rivers, intermittent or perennial streams, you should request a jurisdictional determination from the Rock Island District COE office prior to starting your work.

Mr./Ms. John Farmer Page 3 In order to maintain your eligibility for USDA program benefits, contact your local NRCS office prior to performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging) in or adjacent to the identified Wetland (W), Farmed Wetland (FW), Farmed Wetland Pasture or Hayland (FWP), or Not Inventoried area(s). If you have any question about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist Enclosures cc: Owner, Address, City, State XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, State Name, District Conservationist, NRCS, City, State Your County FSA, Address, City, State XXXXX-XXXX


Attachment H


Date Mr./Ms. John Farmer Address City, State XXXXX-XXXX Dear Mr./Ms. Farmer: Based upon your recent request for a Certified Wetland Determination, this letter is to notify you that a Preliminary Wetland Determination has been completed for your Farm #XXXXX, Tract #XXXXX, Your County, Iowa. This determination was completed in accordance with the National Food Security Act Manual Wetland Identification procedures; 7 CFR Part 12 to include Sections 12.2 and 12.5(b). See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form and aerial photo for definitions and location(s) of wetlands on this tract. If you did not request a wetland determination for your entire farm, wetlands may exist in other locations. The Preliminary Technical Determination is: There are wetland(s) or wetland(s) types as listed on the attached form. The Preliminary Technical Determination is that Field 13 of Tract #XXXX contains Farmed Wetlands or Farmed Wetland Pasture (FW or FWP) for USDA purposes. The areas designated as wetlands are wetlands because:



• Under normal circumstances does support a prevalence of such vegetation. For those sites that are labeled as Farmed Wetland (FW) or Farmed Wetland Pasture (FWP): manipulation has occurred prior to December 23, 1985, however, the manipulation did not fully remove the wetland characteristics. This Preliminary Technical Determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:




Mr./Ms. John Farmer Page 2

2) Request mediation by contacting the Iowa Mediation Service at the address below. Mediation may be used in an attempt to settle your concerns with the preliminary wetland determination.



3) You may waive your rights to mediation and a field review of the preliminary technical

determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a Final Technical Determination and appeal rights to National Appeals Division (NAD) and/or to the FSA County Committee.

After completion of the field visit if one is requested, or following the completion of mediation, a final technical determination will be issued. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Street Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical Determination is not correct. If you do not appeal within 30 days to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given. The 2014 Farm Bill connected producer eligibility for Federal crop insurance premium subsidy to compliance with the wetland conservation provisions. Eligibility for most USDA programs is lost for any wetland conversions that have occurred after December 23, 1985. However, only wetland conversions that occur after February 7, 2014, result in ineligibility for Federal crop insurance premium subsidy. This certified wetland determination/delineation has been conducted for the purpose of implementing the Food Security Act of 1985 as amended. This determination/delineation may not be valid for identifying the extent of the United States Army Corps of Engineers (COE) Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a

Mr./Ms. John Farmer Page 3 discharge of dredged or fill material into wetlands or other waters of the United States including lakes, rivers, intermittent or perennial streams, you should request a jurisdictional determination from the Rock Island District COE office prior to starting your work. In order to maintain your eligibility for USDA program benefits, contact your local NRCS office regarding allowable use and/or activities in or near areas identified as Wetland (W), Farmed Wetland (FW), Farmed Wetland Pasture or Hayland (FWP) or Manipulated Wetland (WX) area(s) before performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging). You have 30 calendar days from the date of receipt of this letter to make any request as outlined above. Sincerely, Name Designated Conservationist Enclosure cc: Owner, Address, City, State XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist, NRCS, City, IA Your FSA County Committee, Address, City, IA XXXXX-XXXX


Attachment I


Date Mr. /Ms. John Farmer Rural Farm City, IA XXXXX-XXXX Dear Mr./Ms.Farmer: This letter is to notify you that a preliminary wetland determination has been completed for your Farm #XXXXX, Tract #XXXXX, XXXXX County, Iowa. This determination was completed in accordance with the National Food Security Act Manual Wetland Identification procedures; 7 CFR Part 12 to include Sections 12.2 and 12.5(b). See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form and aerial photo for definitions and location(s) of wetlands on this tract. If you did not request a wetland determination for your entire farm, wetlands may exist in other locations. The Preliminary Technical Determination is: There are wetland(s) or wetland(s) types as listed on the attached form. The Preliminary Technical Determination is that Field 13 of Tract #XXXX contains Wetlands (W) for USDA purposes. The areas designated as wetlands are wetlands because:



• Under normal circumstances does support a prevalence of such vegetation. This Preliminary Technical Determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:



Mediation may be used in an attempt to settle your concerns with the preliminary wetland determination.



Mr. Joe Farmer Page 2 Iowa Mediation Service 1441 29th Street, Suite 120 West Des Moines, IA 50266 (515) 331-8081


3) You may waive your rights to mediation and a field review of the Preliminary

Technical Determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a Final Technical Determination and appeal rights to National Appeals Division (NAD) and/or to the FSA County Committee.

After completion of the field visit if one is requested, or following the completion of mediation, a Final Technical Determination will be issued. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Street Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical Determination is not correct. If you do not appeal within 30 days to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the wetland conservation provisions. Eligibility for most USDA programs is lost for any wetland conversions that have occurred after December 23, 1985. However, only wetland conversions that occur after February 7, 2014, result in ineligibility for federal crop insurance premium subsidy. This certified wetland determination/delineation has been conducted for the purpose of implementing the Food Security Act of 1985 as amended. This determination/delineation may not be valid for identifying the extent of the United States Army Corps of Engineers (COE) Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters of the United States including lakes, rivers, intermittent or perennial streams, you should request a jurisdictional determination from the Rock Island District COE office prior to starting your work.

Mr. Joe Farmer Page 3 In order to maintain your eligibility for USDA program benefits, contact your local NRCS office regarding allowable use and/or activities in or near areas identified as Wetland (W), Farmed Wetland (FW), Farmed Wetland Pasture or Hayland (FWP) or Manipulated Wetland (WX) area(s) before performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging). You have 30 calendar days from the date of receipt of this letter to make any request as outlined above. Sincerely, Name Designated Conservationist Enclosure cc: Owner, Address, City, State XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist, NRCS, City, IA Your FSA County Committee, Address, City, IA XXXXX-XXXX


Attachment J


Date Mr. /Ms. John Farmer Rural Farm City, IA XXXXX-XXXX Dear Mr./Ms.Farmer: On Date, the Natural Resources Conservation Service (NRCS) conducted a conservation compliance status review on Farm #XXXX, Tract #XXXX, in Your County, Iowa. I have completed the Preliminary Technical Determination on Tract #XXXX and have determined that you actively applied a conservation system for 2013 with a temporary variance based upon a deficiency that is considered technical and minor (AM). The boxes below that are checked provide the reason(s) for the variance.

Application of a farming system that resulted in: Excess Sheet and Rill Erosion in field(s) ___________________.

And/Or

Failure to apply needed conservation practices to

Control Ephemeral Gully Erosion in field(s) ________________. This preliminary determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:









3) You may waive your rights to mediation and a field review of the preliminary

technical determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a Final Technical Determination and appeal rights to the National Appeals Division (NAD) and/or to the FSA County Committee.

After completion of the field visit if one is requested, or following the completion of mediation, a Final Technical Determination will be issued. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical Determination is not correct. If you do not appeal within 30 days of this determination becoming Final to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given. The Food Security Act of 1985, as amended, requires persons to be using an approved conservation system to produce agricultural commodities on highly erodible land (HEL) in order to continue to be eligible for United States Department of Agriculture (USDA) program benefits as per 7 CFR Part 12. The deficiencies listed above were considered to be minor this crop year. Failure to correct the deficiencies and apply an acceptable conservation system at the time of the next status review could result in the loss of eligibility for USDA program benefits. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the highly erodible land (HEL) provisions. Previous USDA participants who are currently not in compliance with the HEL provisions have two (2) reinsurance years to develop and comply with an NRCS-approved conservation plan to remain eligible for federal crop insurance premium subsidy. Producers who are subject to HEL compliance for the first time due to the 2014 Farm Bill have five (5) reinsurance years to develop and comply with an NRCS-

Mr. /Ms. John Farmer Page 3 approved conservation plan when producing an agricultural commodity on HEL. If you are unsure about your status as a previous USDA participant, please inquire at your local Farm Service Agency office. I encourage you to review or update your compliance plan with your local NRCS office. Because you received a variance in 2013, this tract will be reviewed again in 2014. If you are not applying a conservation system that meets the highly erodible land compliance requirements at the time the status review is conducted in 2014, I will notify the Farm Service Agency (FSA) that you are not using an approved conservation system on this tract. If this happens, FSA may determine you ineligible for certain USDA benefits. If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist cc: Owner, Address, City, State XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist, NRCS, City, IA Your FSA County Committee, Address, City, IA XXXXX-XXXX


Attachment K


Date Mr. /Ms. John Farmer Street Address City, IA XXXXX-XXXX Dear Mr./Ms. Farmer: On Date, the Natural Resources Conservation Service (NRCS) conducted a conservation compliance status review on Farm #XXXX, Tract #XXXX, in XXXXXX County, Iowa. I have completed the Preliminary Technical Determination on this tract and have determined that you actively applied a conservation system for 2013 with a temporary variance based on a technical error or incorrect plan (AH). The boxes checked below provide the reasons for the variance in field(s) _________________.

Ephemeral gully treatment not identified in the plan or plan map and ephemeral gully erosion was present in the field.

Incorrect Soil Map Unit used in conservation plan resulting in sheet and rill erosion

exceeding acceptable levels.

Producer’s health, disaster in the farming operation or NRCS error that prevented application of an acceptable conservation system.

This preliminary determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:



Mediation may be used in an attempt to settle your concerns with the preliminary technical determination.






3) You may waive your rights to mediation and a field review of the preliminary technical

determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a final technical determination and appeal rights to the National Appeals Division (NAD) and/or to the FSA county committee.

If you do not consider the results of this determination adverse to you, no further action is required by you. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical Determination is not correct. If you do not appeal within 30 days of this determination becoming Final to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given. The Food Security Act of 1985, as amended, requires persons to be using an approved conservation system to produce agricultural commodities on highly erodible land (HEL) in order to continue to be eligible for United States Department of Agriculture (USDA) program benefits as per 7 CFR Part 12. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the highly erodible land (HEL) provisions. Previous USDA participants who are currently not in compliance with the HEL provisions have two (2) reinsurance years to develop and comply with an NRCS-approved conservation plan to remain eligible for federal crop insurance premium subsidy. Producers who are subject to HEL compliance for the first time due to the 2014 Farm Bill have five (5) reinsurance years to develop and comply with an NRCS-approved conservation plan when producing an agricultural commodity on HEL. If you are unsure about your status as a previous USDA participant, please inquire at your local Farm Service Agency office.

Mr. /Ms. John Farmer Page 3 I encourage you to review or update your compliance plan with your local NRCS office. Because you received a variance in 2013, this tract will be reviewed again in 2014. If you are not applying a conservation system that meets the highly erodible land compliance requirements at the time the status review is conducted in 2014, I will notify the Farm Service Agency (FSA) that you are not using an approved conservation system on this tract. If this happens, FSA may determine you ineligible for certain USDA benefits. If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist Enclosures cc: Owner’s full address, City, IA XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist for appropriate County, NRCS, City, IA Your County FSA, City, IA XXXXX-XXXX


Attachment L


Date Mr. /Ms. John Farmer Rural Farm City, IA XXXXX-XXXX Dear Mr. /Ms. Farmer: On Date, the Natural Resources Conservation Service (NRCS) conducted a conservation compliance status review on Farm #XXXX, Tract #XXXX, in XXXXXX County, Iowa. I have made a Preliminary Technical Determination that you are Conditionally Active (CA) on Tract #XXXX, Field(s) XXXXXX. Conditionally Active means that one or more of your applied conservation measures is in need of maintenance in order to function properly and for your conservation system to fully meet the requirements of the 1985 Food Security Act as amended. This Preliminary Determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:






3) You may waive your rights to mediation and a field review of the preliminary

technical determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309.




In this case you will immediately be issued a final technical determination and appeal rights to the National Appeals Division (NAD) and/or to the FSA county committee.

After completion of the field visit if one is requested, or following the completion of mediation, a Final Technical Determination will be issued. If you do not consider the results of this determination adverse to you, no further action is required by you. If you take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical Determination is not correct. If you do not appeal within 30 days of this determination becoming Final to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given. The Food Security Act of 1985, as amended, requires any person who produces an agricultural crop on Highly Erodible Land (HEL) to be actively applying an approved conservation plan or conservation system in order to be eligible for certain United States Department of Agriculture (USDA) program benefits, as set forth in the USDA regulation, 7 CFR Part 12 Section 12.4. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the HEL provisions. Previous USDA participants who are currently not in compliance with the HEL provisions have two (2) reinsurance years to develop and comply with an NRCS-approved conservation plan to remain eligible for federal crop insurance premium subsidy. Producers who are subject to HEL compliance for the first time due to the 2014 Farm Bill have five (5) reinsurance years to develop and comply with an NRCS-approved conservation plan when producing an agricultural commodity on HEL. If you are unsure about your status as a previous USDA participant, please inquire at your local Farm Service Agency office. Because you have been granted a variance for the YYYY crop year, NRCS is required by policy to complete a status review in YYYY. I would encourage you to work with your local NRCS office to be sure that you have a conservation compliance system that meets the HEL requirements and that you can fully implement. If an acceptable conservation compliance system is not fully implemented by the next status review, you may become ineligible for USDA program benefits.

Mr. /Ms. John Farmer Page 3 If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist cc: Owner, Address, City, State XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist, NRCS, City, IA Your FSA County Committee, Address, City, IA XXXXX-XXXX


Attachment M


Date Mr. /Ms. John Farmer Rural Farm City, IA XXXXX-XXXX Dear Mr./Ms.Farmer: I have completed a Preliminary Technical Determination that indicates that you have conducted activities that have resulted in Converted Wetlands on your Farm #XXXXX, Tract #XXXX, Your County, Iowa. This determination was completed in accordance with the National Food Security Act Manual Wetland Identification procedures; 7 CFR Part 12 to include Sections 12.2 and 12.5(b). See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form for definitions of wetland labels and aerial photo for locations of highly erodible land and/or wetlands. If you did not request a wetland determination for your entire farm, wetlands may exist in other locations. The Preliminary Technical Determination is: There are converted wetland(s) and/or wetland types as listed on the attached form. The Preliminary Technical Determination is that Field 13 of Tract #XXXX contains Converted Wetlands plus year (CW+year) for USDA purposes. The areas designated as wetlands are wetlands because:



• Under normal circumstances does support a prevalence of such vegetation. The area is a Converted Wetland +Year because:

Manipulation has occurred after November 28, 1990, for the purpose of or to have the effect of making possible the production of an agricultural commodity. Additional information regarding the conversion activity -----






Mr. /Ms. John Farmer Page 2 2. Request mediation by contacting the Iowa Mediation Service at the address below.

Mediation may be used in an attempt to settle your concerns with this preliminary converted wetland determination.




Determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a Final Technical Determination and appeal rights to National Appeals Division (NAD) and/or to the FSA County Committee.

After completion of the field visit if one is requested, or following the completion of mediation, a Final Technical Determination will be issued. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 The Food Security Act of 1985, as amended, states that any person who converts a wetland by draining, dredging, filling, leveling, removing woody vegetation, or other means for the purpose, or to have the effect, of making the production of an agricultural crop possible shall lose eligibility for certain United States Department of Agriculture (USDA) program benefits, as set forth in the USDA Regulation, 7 CFR Part 12 Section 12.4a. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the wetland conservation provisions. Eligibility for most USDA programs is lost for any wetland conversions that have occurred after December 23, 1985. However, only wetland conversions that occur after February 7, 2014, result in ineligibility for federal crop insurance premium subsidy.

Mr. /Ms. John Farmer Page 3 This certified wetland determination/delineation has been conducted for the purpose of implementing the Food Security Act of 1985 as amended. This determination/delineation may not be valid for identifying the extent of the United States Army Corps of Engineers (COE) Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters of the United States including lakes, rivers, intermittent or perennial streams, you should request a jurisdictional determination from the Rock Island District COE office prior to starting your work. In order to maintain your eligibility for USDA program benefits, contact your local NRCS office prior to performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging,) in or adjacent to the identified Wetland (W), Farmed Wetland (FW), Farmed Wetland Pasture or Hayland (FWP), or Not Inventoried area(s). If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist Enclosures cc: Owner, Address, City, State XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist, NRCS, City, IA Your FSA County Committee, Address, City, IA XXXXX-XXXX


Attachment N


Date Mr. /Ms. John Farmer Rural Farm City, IA XXXXX-XXXX Dear Mr./Ms.Farmer: I have completed a Preliminary Technical Determination that indicates that activities have been conducted that resulted in Converted Wetlands on your Farm #XXXXX, Tract #XXXX, Your County, Iowa. This determination was completed in accordance with the National Food Security Act Manual (NFSAM) Wetland Identification procedures; 7 CFR Part 12 to include Sections 12.2 and 12.5(b). See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form for definitions of wetland labels and aerial photo for locations of highly erodible land and/or wetlands. If you did not request a wetland determination for your entire farm, wetlands may exist in other locations. The Preliminary Technical Determination is: There are wetland(s) or wetland(s) types as listed on the attached form. The Preliminary Technical Determination is that Field 13 of Tract #XXXX contains Converted Wetland(s) (CW) for USDA purposes. The areas designated as wetlands are wetlands because:



• Under normal circumstances does support a prevalence of such vegetation. The area is a Converted Wetland because:

The wetland was drained, dredged, filled or otherwise manipulated between December 23, 1985, and November 28, 1990. Additional information that resulted in the determination of converted wetland____.

This Preliminary determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:






2. Request mediation by contacting the Iowa Mediation Service at the address below. Mediation may be used in an attempt to settle your concerns with this preliminary converted wetland determination.

Iowa Mediation Service 1441 29th Street, Suite 120 West Des Moines, IA 50266

(515) 331-8081


3. You may waive your rights to mediation and a field review of the preliminary technical

determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a final technical determination and appeal rights to National Appeals Division (NAD) and/or to the FSA County Committee.

After completion of the field visit if one is requested, or following the completion of mediation, a final technical determination will be issued. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 You will become ineligible for USDA program benefits if you plant an agricultural commodity on the identified Converted Wetland(s) or if manipulation that exceeds the Scope and Effect of the original drainage system occurs (NFSAM 514.40). The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the wetland conservation provisions. Eligibility for most USDA programs is lost for any wetland conversions that have occurred after December 23, 1985. However, only wetland conversions that occur after February 7, 2014, result in ineligibility for federal crop insurance premium subsidy. This certified wetland determination/delineation has been conducted for the purpose of implementing the Food Security Act of 1985 as amended. This determination/delineation may not be valid for identifying the extent of the United States Army Corps of Engineers (COE) Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a

Mr. /Ms. John Farmer Page 3 discharge of dredged or fill material into wetlands or other waters of the United States including lakes, rivers, intermittent or perennial streams, you should request a jurisdictional determination from the Rock Island District COE office prior to starting your work. Mitigating for the functions, values and acres of the Converted Wetland (CW) may be an option that would allow you to produce an agricultural commodity on this area(s). Mitigation is simply replacing the wetland functions, values and acres of a wetland to a site at another location (maybe a mitigation bank, on your farm, or in some other location). A mitigation plan must be developed detailing what activities will be completed in order to make the new wetland site function in a similar manner as the wetland being converted. See your local NRCS office for details. In order to maintain your eligibility for USDA program benefits, contact your local NRCS office prior to performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging,) in or adjacent to the identified Wetland (W), Farmed Wetland (FW), Farmed Wetland Pasture or Hayland (FWP), or Not Inventoried area(s). If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist Enclosures cc: Owner, Street address, City, State XXXXX-XXXX Name, District Conservationist, NRCS, Town, State Name, Assistant State Conservationist (FO), NRCS, City, State Your FSA County Committee, Street address, City, State XXXXX-XXXX


Attachment O


Date Mr. /Ms. John Farmer Company Name Street Address City, IA XXXXX-XXXX Dear Mr./Ms.Farmer: On May 17, 2007, the Natural Resources Conservation Service (NRCS) conducted a conservation compliance status review on Farm #XXXX, Tract #XXXX, XXXXXX County, Iowa. I have made a Preliminary Technical Determination that you are Not Actively Applying an Approved Conservation Plan or Conservation System (NA) on Tract #XXXX. The boxes below that are checked provide the reason(s) for the determination:

Your current farming system (crop rotation, tillage, row pattern, etc.) results in a soil loss that exceeds the soil loss for an acceptable conservation system in field(s) _____________________.

And/Or

Ephemeral gully erosion has not been controlled as required in field(s)

_________________.

Or

You have denied NRCS access for the purpose of completing a conservation compliance status review, to land that you own and/or operate.


1. A reconsideration and field visit. During the field visit we will review the basis for our determination, answer any questions you have regarding this preliminary determination, and offer an opportunity for you to provide additional information regarding this determination.

2. Request mediation by contacting the Iowa Mediation Service at the address below.




Mr. /Ms. John Farmer Page 2 Iowa Mediation Service 1441 29th Street, Suite 120 West Des Moines, IA 50266 (515) 331-8081


3. You may waive your rights to mediation and a field review of the Preliminary

Technical Determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a Final Technical Determination and appeal rights to the National Appeals Division (NAD) and/or to the FSA County Committee.

After completion of the field visit if one is requested, or following the completion of mediation, a Final Technical Determination will be issued. If you take no action during the 30 days, this preliminary determination will become final. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 Your appeal must be in writing and should state clearly what you are appealing and why you believe the Final Technical Determination is not correct. If you do not appeal within 30 days of this determination becoming Final to the FSA County Committee or the National Appeals Division (NAD), no further consideration on the matter will be given. The Food Security Act of 1985, as amended, requires any person who produces an agricultural crop on Highly Erodible Land (HEL) to be actively applying an approved conservation plan or conservation system in order to be eligible for certain United States Department of Agriculture (USDA) program benefits, as set forth in the USDA regulation, 7 CFR Part 12 Section 12.4.

The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the highly erodible land (HEL) provisions. Previous USDA participants who are currently not in compliance with the HEL provisions have two (2) reinsurance years to develop and comply with an NRCS-approved conservation plan to remain eligible for federal crop insurance premium subsidy. Producers who are subject to HEL compliance for the first time

Mr. /Ms. John Farmer Page 3 due to the 2014 Farm Bill have five (5) reinsurance years to develop and comply with an NRCS-approved conservation plan when producing an agricultural commodity on HEL. If you are unsure about your status as a previous USDA participant, please inquire at your local Farm Service Agency office. If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist cc: Owner, Street address, City, State XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist, NRCS, City, IA Your FSA County Committee, Street address, City, IA XXXXX-XXXX


Attachment P


Date Mr. /Ms. John Farmer Rural Farm City, IA XXXXX-XXXX Dear Mr./Ms.Farmer: This letter is to notify you that a preliminary wetland determination has been completed for your Farm #XXXXX, Tract #XXXXX, XXXXX County, Iowa. This determination was completed in accordance with the National Food Security Act Manual Wetland Identification procedures; 7 CFR Part 12 to include Sections 12.2 and 12.5(b). See the enclosed NRCS-CPA-026 “Highly Erodible Land and Wetland Conservation Determination” form for definitions and aerial photo for locations. If you did not request a wetland determination for your entire farm, wetlands may exist in other locations. The Preliminary Technical Determination is: There are wetland(s) or wetland(s) types as listed on the attached form. The Preliminary Technical Determination is that Field 13 of Tract #15889 contains Manipulated Wetlands (WX) for USDA purposes. The areas designated as wetlands are wetlands because:



• Under normal circumstances does support a prevalence of such vegetation. The area is a Manipulated Wetland (WX) because:

The area is a wetland and manipulation has occurred and the manipulation was not for the purpose of producing an agricultural commodity and the manipulation did not make the production of an agricultural commodity possible. The manipulation consisted of the creation of temporary sediment or water storage basins with outlet pipes and the straightening of the creek. These manipulations may be maintained without causing a violation of the wetland provisions as long as the maintenance is not for the purpose of, or make possible the production of an agricultural commodity on the area identified as a Manipulated Wetland (WX)

This Preliminary Technical Determination will become final 30 days after receipt of this letter unless you request one of the following options in writing:






Mediation may be used in an attempt to settle your concerns with the preliminary wetland determination.



3) You may waive your rights to mediation and a field review of the Preliminary

Technical Determination. This request must be in writing and addressed to State Conservationist, 210 Walnut Street, Room 693, Des Moines, IA 50309. In this case you will immediately be issued a Final Technical Determination and appeal rights to National Appeals Division (NAD) and/or to the FSA County Committee.

After completion of the field visit if one is requested, or following the completion of mediation, a Final Technical Determination will be issued. If you choose to take no action, the Preliminary Technical Determination will become the Final Technical Determination 30 days after receiving this notice. Once this determination becomes Final, you may appeal to the FSA County Committee, or to the National Appeals Division (NAD), at the addresses listed below within 60 calendar days from the date of receipt of this notice. XXXXX FSA County Committee Address City, IA XXXXX-XXXX Or National Appeals Division Post Office Box 68806 Indianapolis, IN 46268-0806 If an agricultural commodity is produced or if production of an agricultural commodity is made possible, in the area labeled as WX, as determined by NRCS; you may become ineligible for USDA benefits. The 2014 Farm Bill connected producer eligibility for federal crop insurance premium subsidy to compliance with the wetland conservation provisions. Eligibility for most USDA programs is lost

Mr. /Ms. John Farmer Page 3 for any wetland conversions that have occurred after December 23, 1985. However, only wetland conversions that occur after February 7, 2014, result in ineligibility for federal crop insurance premium subsidy. This certified wetland determination/delineation has been conducted for the purpose of implementing the Food Security Act of 1985 as amended. This determination/delineation may not be valid for identifying the extent of the United States Army Corps of Engineers (COE) Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters of the United States including lakes, rivers, intermittent or perennial streams, you should request a jurisdictional determination from the Rock Island District COE office prior to starting your work. In order to maintain your eligibility for USDA program benefits, contact your local NRCS office prior to performing any land altering activities (tiling, land clearing, ditching, drainage maintenance, filling, leveling, removal of woody vegetation, or dredging,) in or adjacent to the identified Wetland (W), Farmed Wetland (FW), Farmed Wetland Pasture or Hayland (FWP), or Not Inventoried area(s). If you have any questions about this procedure or determination, please contact me at (XXX) XXX-XXXX. Also, if anyone else is associated with this farm; tenant, landlord, partner, I encourage you to discuss this determination with them. Sincerely, Name Designated Conservationist Enclosures cc: Owner, Address, City, State XXXXX-XXXX Name, Assistant State Conservationist (FO), NRCS, City, IA Name, District Conservationist, NRCS, City, IA Your FSA County Committee, Address, City, IA XXXXX-XXXX


Attachment Q

Date Mr./Ms. Farmer Address City, State Zip Code Dear Producer: The Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture (USDA), as part of its responsibility in carrying out the conservation provisions of the Food Security Act (FSA) of 1985 as amended, is conducting status reviews on a selection of USDA program participants (including randomly selected tracts, tracts granted Good Faith exemptions by FSA, tracts granted a variance in the previous year, and tracts reported as possible violations of the Highly Erodible Land (HEL) or Wetland requirements). The purpose of this review is to determine if the conservation provisions of the Farm Bill are being followed. Your tract number(s) _______________ has been selected for review this year. The status review will consist of making determinations on HEL conservation compliance, wetland conservation and early release Conservation Reserve Program provisions as they apply to this tract of land. The status review process will be conducted by a team of staff comprised of employees who are not from our local field office. If you wish to be present during the review, please notify the Team Leader at _________, so the team can make arrangements with you to schedule the field visit. Sincerely, Name Designated Conservationist



Documents

IOWA INSTRUCTION 180-391 – PRELIMINARY & FINAL HIGHLY ...€¦ · CERTIFIED MAIL--RETURN RECEIPT REQUESTED. Date . Mr. /Ms. John Farmer . Rural Farm . City, IA XXXXX . Dear Mr./Ms.Farmer: