(a) A plan
amendment is required if the operator expects to make significant changes in
the management of nutrients from those contained in the approved plan, prior to
those changes being implemented. Those significant changes in the management of
nutrients which would require a plan amendment are any one of the following:
(1) A net increase of greater than 10% occurs
in AEUs per acre.
(2) A change in
crop management that results in a reduction of greater than 20% in nitrogen
necessary for realistic expected crop yields or the amount the crops will
utilize for an individual crop year.
(3) A change in excess manure utilization
arrangements as described in the approved plan.
(i) No amendment is required to address the
loss of an importer if the loss does not impair the operator's ability to
properly manage the manure generated on the operation.
(ii) No amendment is required to address the
addition of a new importer if the operator submits the nutrient balance sheet
and signed agreement required by this subchapter to the delegated conservation
district overseeing the exporting farm, prior to transport. The district shall
verify the adequacy of the documentation update the plan file with the new
documentation and require formal approval of the new importer through a plan
amendment when the plan is subject to the triennial review under §
83.362(c)
(relating to plan implementation).
(4) If calculations in the plan as originally
submitted are in error, or if figures used in the plan are inconsistent with
the requirements of this subchapter, and adequate justification has not been
given in writing for the inconsistency.
(5) If a BMP different than that called for
in the approved plan, is proposed to address a manure management or stormwater
management concern.
(6) If, after
the first 3 years of implementing the plan, actual yields are less than 80% of
the expected crop yields used in the development of the plan.
(7) If alternative organic nutrient sources
will replace or augment nutrient sources described in the plan.
(8) If additional lands are brought into the
operation through purchase, lease or renting.
(9) If there is a change in the manure
management system that is expected to result in a different nutrient content
that requires a change in manure application rates under §
83.293 (relating to determination
of nutrient application rates).
(10) If a change in manure application is
necessary based on the reevaluation of potential phosphorus loss as part of the
triennial review under §
83.362(c)
(relating to plan implementation), or a change in manure application is
necessary due to the end of the phase-in period under §
83.293(c)(3).
(b) A plan amendment under subsection (a)
shall be developed and certified by a nutrient management specialist and shall
be submitted to the reviewing agency under subsection (a).
(c) Plan updates to address operational or
computation changes other than those described in subsection (a) shall be
developed and certified by a commercial or individual nutrient management
specialist, retained at the operation and submitted to the district for
inclusion in the approved nutrient management plan. A plan amendment shall be
submitted under this section to obtain approval of these changes, when the plan
is subject to the triennial review under §
83.362(c).
