Working With Landowners To Implement Agricultural Performance Standards & Prohibitions

January 2008

Working with Landowners to Implement Agricultural Performance Standards & Prohibitions Under Chapter NR 151, Wis. Adm. Code

John Pfender, WDNR

TABLE OF CONTENTS

Introduction ……………………………………………………… 2

Overview ……………………………………………………… 2

Status Letters ……………………………………………… 3 Notification Letters ………………………………………… 3 Satisfaction Letters ………………………………………… 4 Notification Flow Chart …………………………………… 5

Letter Types: Use and Content ……………………………………. 6

Status Letter Type A ………………………………………. 6 Status Letter Type B ………………………………………. 7 Notification Letter Type C ………………………………… 8 Notification Letter Type D ………………………………… 9 Satisfaction Letter Type E …………………………………. 10

Additional Information …………………………………………….. 10

Letter Templates ……………………………………………………. 12

Template: Letter Type A …………………………………… 12 Template: Letter Type B …………………………………… 14 Template: Letter Type C …………………………………… 15 Template: Letter Type D …………………………………… 20 Template: Letter Type E …………………………………… 24

1 January 2008

Working with Landowners to Implement Agricultural Performance Standards & Prohibitions Under Chapter NR 151, Wis. Adm. Code

INTRODUCTION

This document shows the steps involved in documenting and communicating critical information to farmers concerning their compliance status with agricultural performance standards and prohibitions and required management actions. It addresses primarily “existing” cropland practices as defined under NR 151.09(4)(b) and “existing” livestock facilities as defined under NR 151.095(5)(b). Modifications to this process will be needed when addressing non-compliance with performance standards and prohibitions for “new” practices and facilities. The main difference is that there are no formal noticing requirements under Chapter NR 151 for situations where “new” practices and facilities do not meet performance standards and prohibitions. In these situations, the farmer can be required through stepped enforcement to comply immediately without cost sharing.

This document identifies when and how critical information concerning compliance with performance standards and prohibitions should be formally transmitted in writing to the landowner. This will assure that the proper records are created to competently administer the state law for achieving and maintaining compliance. This document assumes that the Implementation Strategy for NR 151 Agricultural Performance Standards and Prohibitions is being implemented. That implementation strategy can be downloaded from: http://dnr.wi.gov/runoff/pdf/ag/strategy151.pdf.

OVERVIEW

There are five points in the communication strategy when letters to the landowner are either required or strongly advised. Figure 1 charts the communication process and shows when each of the five pieces of written correspondence should be used. In the figure, squares represent action items (includes sending letters), hexagons pose questions and circles are control points (yes, no). For reference, the action items (squares) are labeled with numbers (1-9).

The text of this document explains what should be communicated at each point in the communication process. Sample letters are attached. Throughout, the phrase “practices and facilities” means cropland practices and livestock facilities.” These letters may be modified to suit the sensibilities of local staff and context-specific facts of the situation being addressed. However, care must be taken to assure that the critical content identified for each letter is maintained. This is especially true for formal notices issued under ss. NR 151.09 and NR 151.095. These are presented in this document as Notification Letters C & D. These notices must contain specific information to be valid.

The correspondence letters can be broken into three general categories: status letters, notification letters and satisfaction letters. These are described below.

2 January 2008

Status Letters. This category includes Letters A & B. The status letter is typically used as a cover letter to the detailed compliance status report. Although status letters are not legally required under s. NR 151.09 or NR 151.095, their use is included in the Implementation Strategy for NR 151 Agricultural Performance Standards and Prohibitions and as such are highly recommended.

A status letter provides the landowner with an interpretation of the compliance status report for each parcel on the farm. The letter identifies general landowner responsibilities relating to achieving and maintaining compliance. These letters are informational only and are not the appropriate vehicle for establishing enforceable compliance requirements for “existing” practices and facilities. (Note: Enforceable compliance requirements for “existing” practices and facilities must be conveyed to the landowner in a notice meeting the requirements of s. NR 151.09 or NR 151.095.) They are the appropriate vehicle for informing the landowner of requirements to maintain in perpetuity compliance that has been achieved, and to be in compliance immediately for all “new” practices and facilities.

There are two types of letters in this category. Letter Type A (see Figure 1, #3) covers situations where only some of the practices and facilities on the farm are in compliance. This will probably be the letter that fits most situations in the near future. Letter Type B (see Figure 1, #2 and #9) is used when the entire farm has achieved compliance with all applicable standards and prohibitions on all parcels and a comprehensive letter of “closure” is desired.

Notification Letters. This category includes Letter Types C & D. These letters are used to make formal notification under ss. NR 151.09(5), NR 151.09(6), NR 151.095(6) and NR 151.095(7)1,2,3. Letter Type C (see Figure 1, #7) is used to require compliance for “existing” practices and facilities when cost sharing is required. The offer of cost share must be “on the table” when the notice is issued. This letter can not be issued based on a cost-share offer that was made in the past but that is no longer available. A notification letter sets the expectation that enforcement will be initiated should the conditions of the letter be violated. ______1. Prior to enforcement under ch. 281, Stats., the notices referenced in ss. NR 151.09(5), NR 151.09(6), NR 151.095(6) and NR 151.095(7) must be issued by a governmental unit (including county) or DNR to an owner of an existing, non-complying cropland practice or livestock facility if:  DNR funds are used as an offer of cost-share assistance to achieve compliance with performance standards and prohibitions in NR 151 or local ordinances, or  DNR is expected to take final enforcement steps, regardless of funding source. In order for DNR to refer a case to the state’s Attorney General for enforcement, a notice must have been issued, even if the corrective measures do not involve eligible costs. 2. The Chapter NR 151 notice is not required prior to enforcement under local ordinances against an existing cropland practice or livestock facility if either 1) a governmental unit (including county) offers only non-DNR funds for cost-share assistance or 2) the county intends to enforce under its local ordinance and the corrective measures do not involve eligible costs. 3. ATCP 50.12(2)(h) requires regulatory notification procedures be included in the county Land and Water Resources Management Plan.

3 January 2008

Letter Type D (see Figure 1, #5) is used to require compliance for “existing” practices and facilities when cost sharing is not required. Letters Types C and D should be referred to “NR 151 Notification Letters”. (Note: To avoid confusion, these notification letters should not be referred to as “Notices of Non-compliance”, or NONs. This is because the term “Notice of Non-compliance” is used elsewhere in DNR enforcement protocols and has a slightly different meaning.)

Figure 1 has two points in the decision-making and communication process where the question is asked: “Should NR 151 Notice be issued?” At both of these junctures, a NR 151 notice could either be issued right away, or delayed and only issued if the landowner fails to comply voluntarily. Staff may be reluctant to issue the NR 151 notice right away because of a belief that the landowner would comply voluntarily but may become alienated and refuse to cooperate if a NR 151 notice is issued. Although the staff may be able to finesse the situation without ever issuing a notice, it is very important to establish an informal deadline by which a formal notice will be issued if the landowner does not come into compliance. This informal schedule should allow enough time to issue a notice while the cost sharing is still available. This is because the offer of cost sharing must be on the table throughout the compliance schedule identified in the notice. Regardless, it is also advisable to include a deadline in the notice for accepting the cost-share offer and in fact some agencies that provide the cost-share funds may require this.

Remember that regardless of cost-share history or whether a notice was issued, once a cropland practice or livestock facility is brought into compliance with performance standards and prohibitions the compliance must be maintained in perpetuity.

Satisfaction Letters. This category includes Letter Type E (see Figure 1, #9). This letter is used to document satisfaction of the requirements set forth in a notice issued under ss. NR 151.09 and NR 151.095. Letter Type E is not legally required, but is consistent with the Implementation Strategy for NR 151 Agricultural Performance Standards and Prohibitions and as such is highly recommended.

4 January 2008

5 January 2008

LETTER TYPES: USE AND CONTENT

Status Letter Type A

Use. This letter interprets the Compliance Status Report (CSR) and is used for all such interpretations except when the farm has achieved full compliance (For full farm compliance, see Status Letter Type B). This includes situations when it is known that either all or some of the practices and facilities are out of compliance or when the status of some practices and facilities is not known and more investigation is needed.

Origin. This letter is addressed to the landowner and operator. The County would typically sign and send the letter. DNR could co-sign the letter if requested, although DNR would have to concur with the status determinations before signing.

Content. At a minimum, the letter should include the following. A suggested letter template is included in the appendix.

 Reference to the Compliance Status Report (CSR) Document. (The CSR document contains detailed information for each practice and facility. The CSR will include the compliance status and the basis for the compliance determination, such as on-site assessment, or records review. Records review includes such things as local permit history, cost-share agreement implementation history or farmland preservation certification statements.)

 Identify which governmental unit or agency made the status determinations.

 Statement as to whether additional assessments are needed for the farm, or if the assessment work has been completed.

 Statement that practices and facilities shown on the CSR to be “existing” and “in compliance” must be maintained in perpetuity regardless of future cost-sharing. (Two exceptions are:  Fields enrolled in CRP or CREP on October 1, 2002 are entitled to additional cost sharing to stay in compliance after the enrollment period ends.  Fields re-evaluated in the future using alternative models and found to be out of compliance using the new model may be entitled to additional cost sharing to keep the fields in compliance. This would cover re-evaluations using RUSLE2.

 Statement that practices and facilities shown on the CSR to be “existing” and “not in compliance” must eventually be brought into compliance to protect water quality. Additional information including the needed management changes, implementation cost, cost-share offer (if required), implementation deadline and appeals process relating to these practices and facilities will be sent in a separate letter at the appropriate time. Clarify that the landowner does not need to wait for cost sharing, but once a practice or facility that is not in compliance is brought into compliance, compliance must be maintained regardless of future cost sharing.

6 January 2008

 Statement that practices and facilities shown on the CSR to be “new” must achieve compliance immediately regardless of cost share.

 Reminder that as additional performance standards and prohibitions become effective, the farm is subject to reassessment.

 Offer the opportunity for the landowner and operator to discuss the compliance determinations with County staff if there are questions, concerns or disagreements. Do not include a reference to the state appeals process as this only applies to formal notices issued under s. NR 151.09 or NR 151.095.

Status Letter Type B

Use. This letter interprets the Compliance Status Report (CSR) and informs the landowner and land operator that the entire farm operation is determined to be in compliance with the performance standards and prohibitions.

Origin. This letter is addressed to the landowner and operator. The County would typically sign and send the letter. DNR could co-sign the letter if requested, although DNR would have to concur with the status determinations before signing.

Content. At a minimum, the letter should include the following. A suggested letter template is included in the appendix.

 Reference to the Compliance Status Report (CSR) Document. (The CSR document contains detailed information for each practice and facility. The CSR will include the compliance status and the basis for the compliance determination, such as on-site assessment, or records review. Records review includes such things as local permit history, cost-share agreement history or farmland preservation certification statements.)

 Statement that all cropping practices and livestock facilities on the farm were determined to be in compliance with applicable performance standards and prohibitions. Identify the agency making the determinations.

 Statement that if the compliance determination is based on contractual operation and maintenance periods for best management practices, such as those included on cost- share agreements, there is an assumption that the practices are being maintained.

 Statement that practices and facilities shown on the CSR to be “existing” and “in compliance” must be maintained in perpetuity regardless of future cost-sharing. (Two exceptions are:  Fields enrolled in CRP or CREP on October 1, 2002 are entitled to additional cost sharing to stay in compliance after the enrollment period ends.

7 January 2008

 Fields re-evaluated in the future using alternative models and found to be out of compliance using the new model may be entitled to additional cost sharing to keep the fields in compliance. This would cover re-evaluations using RUSLE2.

 Reminder that any new cropland practices or livestock operations must meet performance standards and prohibitions.

 Reminder that as additional performance standards and prohibitions become effective, the farm is subject to reassessment.

 Offer the opportunity for the landowner and operator to discuss the compliance determinations with County staff if there are questions, concerns or disagreements. Do not include a reference to the state appeals process as this only applies to formal notices issued under s. NR 151.09 or NR 151.095.

Notification Letter Type C

Use. This is the formal notification letter required under ss. NR 151.09(5) and NR 151.095(6) for situations when cost-share must be made available to achieve compliance with performance standards (See footnote at bottom of page 2). This letter may be combined with letter Type D as long as it is very clear where cost-sharing does and does not apply.

Chapter NR 151 establishes notice requirements. Notices are required if DNR funds are used. Notices are also required if s. 281.98, Stats., will be used as the enforcement authority. This applies whether the s. 281.98 authority is being used by DNR or the County District Attorney. For other situations, such as when a local ordinance is being used as the enforcement authority and non-DNR funds are being used for the cost-share offer, a notice is not required under Chapter NR 151. It is probably a good idea, however, to include a formal letter of some sort and in fact such communication may be required under the local ordinance. In these cases, follow the local laws regarding content. It is also important to note that soil and water resource management plans prepared under ATCP 50 are required to include notification requirements if the county has regulations that address performance standards and prohibitions.

Origin. This letter is addressed to the landowner and operator. The letter may be signed by DNR, the County, or co-signed by both. If the DNR concurs with the status determinations, then the letter can come from DNR and the state of Wisconsin appeals language would be inserted. If the DNR does not concur with the status determinations, or if the standards are being enforced only under a local ordinance, then the letter will come from the county and only the county appeals language would be used. If there is the potential for enforcement under both state and local laws and DNR concurs with the status determinations, the letter can come from both the DNR and the county. In this case, both appeals clauses should be included in the notice. Should a case actually be prepared for enforcement, double-jeopardy laws may require which authority will be used to pursue enforcement.

8 January 2008

Section 281.16(3)(e) of the state statutes establishes agency authority for establishing what has to be included in the cost-share offer. These are the cost-share availability criteria mention in the statute. The relevant criteria apply in all cases when a state or local unit of government uses regulatory authority to enforce the performance standards and prohibitions.

DNR establishes the cost sharing criteria for sources of funds administered by DNR under the Nonpoint Source Program statute, s. 281.65, Stats. This includes primarily TRM grants and NOD grants. DNR uses its cost sharing rules under NR 153 and NR 154 to define what must be included in the cost share offer. DATCP establishes cost sharing criteria for all other state, federal and local (including funds from NGOs) funding sources. DATCP has established these criteria under ATCP 50. DNR and DATCP cost share criteria are very similar, but not identical. Key differences are that DATCP includes funding for land taken out of production and for routine maintenance of management practices.

If DNR submits the notice and non-DNR funds are used, then the cost-share availability finding must be consistent with ch. ATCP 50. DNR and DATCP have established an interagency review process so that DNR will be sure that the cost share offers in the notices it issues will meet the requirements of ATCP 50 in those cases when non DNR funds are being used. These interagency procedures are available from either the DNR NR 151 Implementation Coordinator or DATCP.

(Note: If a county is using local enforcement authority and non-DNR funds are used, the notice is not needed at all, but availability determinations must still be consistent with ATCP 50.)

DNR or the County may take responsibility for delivery. The letter must be delivered in person or by mail, return receipt requested.

Content. Required notices must include the elements set forth in NR 151.09(5) for cropland practices and NR 151.095(6) for livestock facilities.

Notification Letter Type D

Use. This is the formal notification letter required under NR 151.09(6) and NR 151.095(7) for situations when cost-share is not required to achieve compliance with performance standards (See footnote on bottom of page 2). Letter D may be combined with Letter Type C into one letter.

Origin. This letter is addressed to the landowner and operator. The letter may be signed by DNR, the County, or co-signed by both. If the DNR concurs with the status determinations, then the letter can come from DNR and the state of Wisconsin appeals language would be inserted. If the DNR does not concur with the status determinations, or if the standards are being enforced only under a local ordinance, then the letter will come from the county and only the county appeals language would be used. If there is the potential for enforcement under both state and local laws and DNR concurs with the

9 January 2008 status determinations, the letter can come from both the DNR and the county. In this case, both appeals clauses should be included in the notice. Should a case actually be prepared for enforcement, double-jeopardy laws may require which authority will be used to pursue enforcement.

DNR or the County may take responsibility for delivery. The letter must be delivered in person or by mail, return receipt requested.

Content. The letter must cover the applicable elements required by NR 151.09(6) and NR 151.095(7).

Satisfaction Letter Type E

Use. This is a letter documenting satisfaction of the requirements in a Notice issued under s. NR 151.09 or NR 151.095. A modified version of this letter could also be used to document changes in compliance for situations where a formal notice was not issued.

Origin. This letter is addressed to the landowner and operator. The letter should be signed by the same party that signed the original notice.

Content. At a minimum this letter should include the following:  Reference to the original notice including date issued and location of practices and facilities covered by the notice. (This section would not be included if a notice was not issued.)  Statement that corrective actions taken are adequate to meet the performance standards and prohibitions.  A list of performance standards and prohibitions that have been satisfied (or are now met due to changes in management or installation of best management practices) including the location on the farm of the complying practices and facilities.  Statement that compliance with the standards and prohibitions for the listed practices and facilities must be maintained regardless of cost sharing.

ADDITIONAL INFORMATION

Modifications to Letters

“ New Practices & Facilities.” The flow chart and sample letters are most useful in addressing “existing” practices and facilities. Although there are no noticing requirements for “new” practices and facilities, the law requires that they comply with standards and prohibitions immediately, regardless of cost sharing. The definition of “new” cropland practices is found in NR 151.09 and for “new” livestock facilities in NR 151.095.

DNR and local staff will need to communicate information to landowners and operators about the compliance requirements for “new” cropland practices and livestock facilities.

10 January 2008

The letter types discussed above can be revised so that they apply to “new” practices and facilities. Suggested modifications include the following:

 Status Letters A and B: These letters are general and are already written to apply to both “existing” and “new” practices and facilities. They can be used “as-is”.  Notification Letter C: This letter should not be used at all for “new” practices and facilities because cost sharing is not required for compliance.  Notification Letter D: This letter can be modified by removing any references to NR 151.09(5), NR 151.09(6), NR 151,095(6) and NR 151.095(7) since this type of letter is not technically required under NR 151. Also, change any “existing” references to “new”. Compliance should be “immediate” or within a very short time period. The rest of the letter can be used. If the problem is serious, the DNR may want to go directly to a Notice of Violation (see below), which is the first step in stepped enforcement.  Satisfaction Letter E: This letter can be used as is for “new” practices and facilities that received a modified Notification Letter D.

Informal Processes. These letters will be useful even in situations where a Compliance Status Report is not available or when there is a desire to convey the desired information without invoking the authority to issue a formal notice under NR 151.09 or NR 151.095. Using the letters in these situations will require additional modifications.

Notices of Violation. If a landowner violates the conditions of a notice issued for “existing” practices and facilities under ss. NR 151.09 or NR 151.095, or fails to meet performance standards and prohibitions for “new” cropland practices and livestock facilities, the DNR may issue a Notice of Violation. Notices of Violation, or other enforcement steps, are developed on a case-by-case basis and are not addressed by this document.

Compliance Data Bases. A county should use tax parcels as a geographic basis to track compliance with performance standards and prohibitions. It is desirable to tie data attributes to a spatial geographic information system. Regardless of whether a GIS system is employed, it is important to have a data system that recognizes the complexity of performance standards compliance. Since several performance standards and prohibitions are likely to apply to any given parcel, it is important to set up a tracking system that identifies which standards and prohibitions apply for any given parcel, and of those that apply, what the compliance status is. Ideally, the system will account for changes in tax parcel delineation and for property sales and transfers.

General checklists that do not account for multiple standards and prohibitions per tax parcel may be suitable as an initial discussion piece with the landowner, but are not adequate to establish a data base of compliance.

11 January 2008 TEMPLATE: Status Letter Type A

Name Street Address City, State, ZIP

Subject: Status of Compliance with Performance Standards and Prohibitions

Dear ______:

The (County has)/ (DNR has)/ (County and DNR have) made an assessment of the (cropland practices) / (livestock facilities) on your farm to determine your degree of compliance, achieved to date, with the performance standards and prohibitions contained in Subchapter II of Chapter NR 151, Wis. Admin. Code. The results of assessments conducted to date are contained in the attached Compliance Status Report. Information about cropland practices and livestock facilities not covered by this assessment will be made available to you as additional assessments are completed.

Cropland practices and livestock facilities described in the Compliance Status Report will fall into one or more of the following categories.

Existing or New Cropland Practices or Livestock Facilities 1. Determined to be Compliant. This designation is assigned to practices and facilities that are determined to be in compliance with one or more performance standards or prohibitions. The specific performance standards and prohibitions that are currently being achieved are identified, by land parcel, for each practice and facility.

These practices and facilities must remain in compliance with the specific performance standards and prohibitions regardless of whether cost sharing is provided to the owner or operator. Since these practices and facilities are now deemed to be in compliance with the performance standards and prohibitions as listed in the attached Compliance Status Report, it is imperative that you and any future owners or operators maintain this level of compliance.

The land conservation staff will inform you of special cost share offers that must be made available to you if any of these practices and facilities were enrolled in CRP or CREP on October 1, 2002, or are determined in the future to be out of compliance solely because of a change in evaluation tools or a change in the performance standard or prohibition.

Existing Practices and Facilities Determined to be Non-Compliant. This designation is assigned to existing practices and facilities that do not meet one or more of the performance standards or prohibitions. The specific performance standards and prohibitions that are not being met are identified, by land parcel, for each practice and facility.

Additional information about these practices and facilities will be sent to you at a future date. This information may be given to you either as a recommendation or as a requirement. Recommendations will describe what corrective management measures are needed, the estimated costs to implement these measures, and cost sharing that is available. If a requirement is being imposed on you to bring the facilities and practices into compliance, you will be provided with a regulatory notice that includes additional information. This will include a formal offer of cost share (if required), a deadline for accepting the cost- share offer, a deadline for completing the required management practices and a process for appealing the notice.

1. Note: “Practices” means cropland practices. “Facilities” means livestock facilities. “Existing” practices or facilities are those in place prior to October 1, 2002. “New” practices are those initiated on or after October 1, 2002. “New” facilities are those constructed or substantially altered on or after October 1, 2002.

12 January 2008 TEMPLATE: Status Letter Type A

New Practices and Facilities Determined to be Non-Compliant. This designation is assigned to new practices and facilities that are out of compliance with one or more performance standards or prohibitions. The specific performance standards and prohibitions that are not being met are identified by land parcel for each practice and facility. You must bring these practices and facilities into compliance immediately regardless of available cost share assistance. Chapter NR 151 also requires that any additional new cropland practice or livestock facilities that you construct or substantially alter in the future must meet performance standards and prohibitions at the time the change is initiated, regardless of cost-sharing.

Thank you for your continued conservation efforts. You have contributed significantly to improved water quality within the (name) Watershed. If you have any further questions or concerns, please contact me at:

______

Sincerely,

Sender’s Name Sender’s Title

cc: Cc’s should include appropriate DNR and county staff.

13 January 1, 2008 Template: Status Letter Type B

Name Street Address City, State, ZIP

Subject: Full Farm Assessment and Compliance with Chapter NR 151, Wis. Admin. Code

Dear ______:

The (County has)/ (DNR has)/ (County and DNR have) determined that all practices and facilities1. on your farm are currently in compliance with all agricultural performance standards and prohibitions currently in effect. The practices and facilities covered by this determination are identified in the attached Compliance Status Report prepared for your farm. These standards and prohibitions, including their effective dates, are contained in Subchapter II of Chapter NR 151, Wis. Admin. Code.

Chapter NR 151, Wis. Adm. Code requires that you maintain this level of compliance regardless of future cost sharing. This will require your continued operation and maintenance of all cropland practices and livestock facilities in accordance with accepted standards of practice. This compliance assessment and determination does not cover performance standards and prohibitions that become effective at a future date.

Any new cropland practices or facilities initiated or constructed on your farm in the future must comply with all effective performance standards at the time you initiate the change on your farm, regardless of cost sharing.

Thank you for your continued conservation efforts. They have contributed significantly to improved water quality within the (name) Watershed. If you have any further questions or concerns, please contact me at :

______

1. Note: “Practices” means cropland practices. “Facilities” means livestock facilities. “Existing” practices or facilities are those in place prior to October 1, 2002. “New” practices are those initiated on or after October 1, 2002. “New” facilities are those constructed or substantially altered on or after October 1, 2002.

Sincerely,

Sender’s Name Sender’s Title cc: Cc’s should include appropriate DNR and county staff.

14 January 1, 2008 Template: Notification Letter Type C

Date Name Address City, State, ZIP

Subject: NR 151 Notification Letter, including Cost-Share Offer Certified Mail Return Receipt Requested Dear :

Based upon observations made by the (DNR) /(County)/ (DNR and County), one or more cropland practices or livestock facilities on your farm fails to comply with the agricultural performance standards and prohibitions contained in Subchapter II of Chapter NR 151, Wis. Admin. Code. Detailed information about these practices and facilities is included in Table 1.

This notice is issued to you in accordance with s. (NR 151.09(5))/ (NR 151.095(6)), Wis. Adm. Code. It covers only those practices, facilities, performance standards and prohibitions specifically identified in Table 1. If necessary, additional notices may be issued to address other practices and facilities on your farm that do not meet state conservation requirements.

You are required to take corrective actions to in accordance with the compliance schedule identified in Table 1. To help accomplish this, you should work with your (County) to identify appropriate corrective management measures. Please schedule an appointment with (Name) of the County LCD office at (phone number). It is recommended that you meet with (Name) as soon as possible, preferably by (Date), so that you can correct these problems by the deadline.

The (cropland practices)/ (livestock facilities)/ (cropland practices and livestock facilities) identified in Table 1 are determined to be “existing” as defined by s. (NR 151.09(4))/ (NR 151.095(5)), Wis. Adm. Code. Corrective measures are eligible for cost-share assistance. The (DNR)/ (County), through this letter, is offering you cost-share funds and technical assistance to comply. These funds are available to you on a reimbursement basis. This offer of cost sharing complies with the cost-share eligibility and cost share availability requirements of s. (NR 151.09(4))/ (NR 151.095(5))/ (ATCP 50). You must inform the (DNR)/ (County) no later than (Date) whether or not you accept this cost-share offer. The requirements of this notice apply regardless of whether or not you accept this offer.

Corrective measured to achieve compliance with performance standards and prohibitions must be approved by the (County)/ (DNR). Table 2 includes a list of conservation practices eligible for cost sharing that should address the issues on your farm.

The total cost to comply with the standards and prohibition will be dependent upon the specific best management practices that are selected to bring your cropland practices and livestock facilities into compliance. Table 3 (attached) is an estimate of the cost to achieve compliance. The final cost-share amount will be based on actual installation costs. Where more than one approach is available to cost- effectively fix the problem, the cost-share offer will be based on the least-cost option.

The figures in Table 3 assume a cost-share rate of 70%. You may qualify for additional cost sharing if you meet the state’s criteria for economic hardship. These economic hardship criteria are established in s. (NR 154.03(3))/ (ATCP 50.42(4)), Wis., Adm. Code. If you believe you qualify for economic hardship funding, you should contact (Name) of the (Name) County LCD at the aforementioned phone number within the next few weeks. You should be aware that efforts to pursue economic hardship status do not extend the final deadline for compliance established in this letter.

If you fail to implement approved corrective measures by the compliance deadlines listed in Table 1, enforcement action may be taken by the (County pursuant to its ordinance)/ (DNR under state law, including referral to the Department of Justice for forfeitures for noncompliance pursuant to s. 281.98, Wis. Stats.)

State of Wisconsin Appeals (See Guidance for Use)

If you believe that you have a right to challenge this decision, you should know that Wisconsin statutes, administrative rules and case law establish time periods and requirements for reviewing Department decisions.

To seek judicial review of a Department decision, sections 227.52 and 227.53, Stats., establish criteria for filing a petition for judicial review. Such a petition must be filed with the appropriate circuit court and served on the Department. The petition must name the Department of Natural Resources as the respondent.

To request a contested case hearing pursuant to section 227.42, Stats., and ch. NR 2, Wis. Adm. Code, you have 30 days after the decision is mailed, or otherwise served by the Department, to serve a petition for hearing on the Secretary of the Department of Natural Resources. The filing of a request for a contested case hearing is not a prerequisite for judicial review and does not extend the period for filing a petition for judicial review.

Local Appeals (See Guidance for Use )

(Insert local appeals language here)

Your cooperation in this matter is greatly appreciated. Feel free to contact (Name) at (phone) if you have any further questions.

Sincerely,

Name Title cc: Cc’s should include appropriate DNR and county staff.

Table 1. Existing Cropland Practices and Livestock Facilities Covered by thisNotice

Location of Practice or Description Status of Practice or Facility Fails to Compliance Facility Of Cropland Practice Comply with the Following Deadline (Refer to attached Air Practice or Facility or Livestock Performance Standards and Photo if necessary) Facility Prohibitions *

*Administrative Rule Reference Description of Standard or Prohibition s. NR 151.02 Sheet, rill and wind erosion s. NR 151.05(2) Manure storage facilities: new construction, alterations s. NR 151.05(3) Manure storage facilities: closure s. NR 151.05(4) Manure storage facilities: failing & leaking existing facilities s. NR 151.06 Clean water diversions s. NR 151.07 Nutrient management s. NR 151.08(1) Prohibition on overflow of manure storage facilities s. NR 151.08(2) Prohibition on unconfined manure in the water quality management area s. NR 151.08(3) Prohibition on direct runoff from a feedlot or stored manure into state waters s. NR 151.08(4) Prohibition on unlimited livestock access to state waters

Table 2. Best management practices eligible for cost sharing to bring cropland practices and livestock facilities identified in Table 1 into compliance with performance standards and prohibitions.

Table 3. Estimated costs to comply with performance standards and prohibitions identified in Table 1.

19 January 1, 2008 Template: Notification Letter Type D Date

Name Address City, State, ZIP

Subject: NR 151 Notification Letter, Cost-Share Offer Not Required Certified Mail Return Receipt Requested

Dear :

Based upon observations made by (DNR) /(County) (DNR and County), one or more cropland practices or livestock facilities on your farm fails to comply with the agricultural performance standards and prohibitions contained in Subchapter II of Chapter NR 151, Wis. Admin. Code. Detailed information about these practices and facilities is included in Table 1.

This notice is issued in accordance with s. (NR 151.09(6))/ (NR 151.095(7)), Wis. Adm. Code. It covers only those practices, facilities, performance standards and prohibitions specifically identified in Table 1. If necessary, additional notices may be issued to address other practices and facilities on your farm that do not meet state conservation requirements.

You are required to take corrective actions in accordance with the compliance schedule identified in Table 1. To help accomplish this, you should work with your (Name) County LCD or consultant to identify appropriate corrective management measures. Please schedule an appointment with (Name) of the (Name) County LCD office at (phone).

The (cropland practices)/ (livestock facilities)/ (cropland practices and livestock facilities) identified in Table 1 are determined to be “existing” as defined within s. (NR 151.09(4)) (NR 151.095(5)), Wis. Adm. Code. However, the management measures necessary to achieve compliance with the (performance standards)/ (prohibitions) are not eligible for cost-sharing under ch. (NR 153 or NR 154)/ (ATCP 50). Consequently, this notice does not contain an offer of cost share. Although an offer of cost share is not required, you should still contact (Name) of the (Name) County LCD to see if you what cost-share opportunities may be available to you. You are required, however, to address these problems regardless of cost sharing.

Corrective measured that are implemented to achieve compliance with performance standards and prohibitions must be approved by the (County)/ (DNR). Table 2 includes a list of practices that you may use to address the issues on your farm.

If you fail to implement approved corrective measures by the compliance deadlines listed in Table 1, enforcement action may be taken by (County under local ordinance)/ (DNR under state law, including referral to the Department of Justice for forfeitures for noncompliance pursuant to s. 281.98, Wis. Stats.)

State of Wisconsin Appeals (See Guidance for Use)

If you believe that you have a right to challenge this decision, you should know that Wisconsin statutes, administrative rules and case law establish time periods and requirements for reviewing Department decisions.

To seek judicial review of a Department decision, sections 227.52 and 227.53, Stats., establish criteria for filing a petition for judicial review. Such a petition must be filed with the appropriate

20 January 1, 2008 Template: Notification Letter Type D circuit court and served on the Department. The petition must name the Department of Natural Resources as the respondent.

To request a contested case hearing pursuant to section 227.42, Stats., and ch. NR 2, Wis. Adm. Code, you have 30 days after the decision is mailed, or otherwise served by the Department, to serve a petition for hearing on the Secretary of the Department of Natural Resources. The filing of a request for a contested case hearing is not a prerequisite for judicial review and does not extend the period for filing a petition for judicial review.

Local Appeals (See Guidance for Use )

(Insert local appeals language here)

Your cooperation in this matter is greatly appreciated. Feel free to contact (Name) at (phone) if you have any further questions.

Sincerely,

Name Title cc: Cc’s should include appropriate DNR and county staff.

21 January 1, 2008 Template: Notification Letter Type D Table 1. Existing Cropland Practices and Livestock Facilities Covered by this Letter of Non-Compliance

Location of Practice or Description Status of Practice or Facility Fails Compliance Facility (Refer to Of Cropland Practice to Comply with the Deadline attached air photo if Practice or Facility or Livestock Following Performance necessary) Facility Standards and Prohibitions *

*Administrative Rule Reference Description of Standard or Prohibition s. NR 151.02 Sheet, rill and wind erosion s. NR 151.05(2) Manure storage facilities: new construction, alterations s. NR 151.05(3) Manure storage facilities: closure s. NR 151.05(4) Manure storage facilities: failing & leaking existing facilities s. NR 151.06 Clean water diversions s. NR 151.07 Nutrient management s. NR 151.08(1) Prohibition on overflow of manure storage facilities s. NR 151.08(2) Prohibition on unconfined manure in the water quality management area s. NR 151.08(3) Prohibition on direct runoff from a feedlot or stored manure into state waters s. NR 151.08(4) Prohibition on unlimited livestock access to state waters

22 January 1, 2008 Template: Notification Letter Type D Table 2. Best management practices that may be used to comply with performance standards and prohibitions at cropland practices and livestock facilities identified in Table 1.

23 January 1, 2008 Template Letter Type E

Full Name of Operator Street Address City, State, Zip Code

Subject: Letter of Satisfaction

Dear (Operator Name),

The purpose of this letter is to acknowledge that you have implemented the necessary corrective actions to comply with the following notice:

Notice Type: ______Issuer and Date Notice Issued: ______Location of Operation (T, R, S, ¼ ¼): ______

As a result of installing the required conservation practices, the Department has determined that you have brought the following cropland practices and livestock facilities into compliance with state standards and prohibitions.

Identification of Parcel Where Name of Standard/Prohibition Compliance Was Achieved

In accordance with ch. NR 151, Wis. Adm. Code, any cropland practice or livestock facility that is brought into compliance with a state performance standard or prohibition must remain in compliance in perpetuity regardless of future cost sharing. Since you are now deemed in compliance with state standards and prohibitions as identified above, it is required that you and any future landowners or operators maintain compliance with the standards and prohibitions at the parcels identified.

Your efforts have contributed to improved water quality within the (Name of Watershed). If you have any further questions, please contact (Name) at (phone).

Sincerely,

Sender’s Name Sender’s Title

Cc: Appropriate DNR and County Staff