(a) A conservation
plan is required for all CREP Enrollments. The conservation plan is a record of
the applicant's decisions and supporting information for the treatment of a
unit of land or water as a result of the planning process that meets the NRCS
Field Office Technical Guide quality criteria for each natural resource and
that addresses economic and social considerations. The plan shall describe the
schedule of operations and activities required to solve identified natural
resource concerns. Conservation plans shall be prepared according to all
applicable federal, state and local environmental laws, executive orders, and
rules. The conservation plan shall be consistent with any conservation easement
protecting the enrollment area. This applies regardless of eligibility for
cost-share funds. Participants shall also agree to establish and maintain
approved practices according to the conservation plan of operations and forest
management plans, for the duration of the agreement. Practices included in the
conservation plan must cost-effectively achieve a reduction in soil erosion and
nutrient transport. All forestry management practices must be completed
according to a forestry management plan approved by a registered forester. The
Division and the Commission may review conservation plans at any time while
CREP agreements are effective.
(b)
All CREP Enrollments must provide interception of water from the crop or
pasture land into the enrollment area. All CREP Enrollments must maintain a
contiguous buffer with the water course. Enrollments of wetland restoration
areas shall be accepted only if enrollments shall be in trees, in those areas
where trees would be the natural cover. The riparian forested buffer or wetland
practice may include an outer buffer layer of native grasses between cropped
areas and the trees, as specified in the practice criteria.
Hydrologic restoration to the greatest extent practicable
shall occur on all NC-CREP Enrollments. Hydrologic restoration to the greatest
extent practicable means to improve/increase hydrology and to retain water to
the maximum extent as long as there are no adverse impacts to non-enrolled
lands. This may be accomplished through the following means: creating sheet
flow; reducing concentrated flow areas; blocking or filling artificial
drainage; or using water control structures in conjunction with buffers. All
shall meet or exceed appropriate NRCS standards. Water infiltration and
retention shall be maximized on non-hydric soils by creating sheet flow and by
reducing concentrated flow areas. Plans shall provide for improved wildlife
habitat. The establishment of CREP practices shall be:
(1) consistent with conservation compliance
provisions;
(2) at the
participant's own expense;
(3)
included in the approved conservation plan;
(4) approved by the local District;
and
(5) subject to FSA and Division
approval where applicable.
(c) 30-year contracts/easements and permanent
easements for which the participant chooses the timber harvest option shall
require a minimal impact zone adjacent to the qualifying waterbody. A Minimal
Impact Zone is a zone measured from the top of the stream bank for which tree
removal is restricted to removal of dead trees and practices necessary to
prevent pest or disease infestation or to maintain health of individual trees.
Timber management and harvesting may be allowed in the remaining portion of the
CREP enrollment as outlined in the contract/easement.
(d) A modification to an approved
conservation plan must be in the best interest of CREP, and consistent with any
conservation easement protecting the enrollment area. Such plans shall be
revised as needed. Circumstances necessitating a revision include but are not
limited to:
(1) adding or revising a CREP
practice;
(2) substituting CREP
practices;
(3) scheduling
reapplication of a CREP practice;
(4) reflecting change in ownership;
or
(5) implementing other non-cost
shared conservation measures, if producer agrees to install according to the
approved conservation plan on CREP land already seeded to an acceptable
cover.
