Editors Note: Pennsylvania’s farming community has voiced many concerns about the Department of Environmental Resources’ proposed amend ments to the Commonwealth’s current wetlands regulations. In the following interview, Secret ary of Environmental Resources Arthur A. David responds to questions from Secretary of Agriculture Boyd E. Wolff about DER’s wetlands protec tion strategy and its impact on state farmers. Wolff: Exactly what is a wet land, and how can farmers determine if wetlands are located on their property? Davis: The term “wetland” collectively describes what are more commonly known as wet meadows, marshes, bogs, swamps, and shallow ponds. For regulatory and legal purposes, wetlands are defined as areas that are saturated by surface or groundwater for a duration and frequency sufficient to support, and that under normal circum stances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. While many wetlands are easily identified, some, such as forested wetlands, are not. Individuals can obtain additional information on wetlands by calling their county conservation district office or DER’s Bureau of Rivers and Wet lands at 717-541-7802. Wolff: I’ve heard that DER’s definition of “wetlands” is not the same as the one the federal igencies use. Is this true? ?7ft | FARMTRONIX DAIRY MANAGEMENT SYSTEMS J *« Visit Our Display At Ag Progress Days PRMTRONIX | Tent Located At West 12th Street Contact Your Participating FARMTRONIX Dealer Or Mail To; 11100 North Congress Avenue Kansas City, MO <54153-9989 T YES! I would like an on-farm, no-obligation demonstration 1 j Name J j Addresi City. * Phone J Occupation I Number of cows milked I Type of Milking System [ Presently feeding with J a computerized system YOUR AUTHORIZED FARMTRONIX DEALERS AGTRONIX SYSTEMS IS3 Knll Rd. Myerstown, P<. 17067 717-866-7090 REPRESENTATIVE R.D. BOWMAN & SONS Englar Road Westminiter, Md. 21157 301-751-1471 DARR BUILDERS INC. RD 1 Box 103 Berlin, PA 15530 814-267-5200 Agriculture And The Wetlands Regulations Davis: No. Since December 27, 1989, both the state and federal government use the same manual to identify wetlands. The manual establishes a uniform three-point criteria for wetland determina tions based on hydric soils, hydro phytic vegetation, and hydrology. Wolff; Why are wetlands get ting so much attention today and why has DER decided new regulations are needed? Davis: Wetlands were once thought to have little value short of serving as breeding grounds for insects and disease. Today we realize that wetlands provide numerous environmental benefits such as flood protection and groundwater recharge. In addi tion, they serve as wildlife and plant habitats and filters to remove excess nutrients from surface water. The proposed amendments clarify DER’s role in wetlands protection and provide greater consistency in wetland permitting. Wolff: Will DER require far mers to obtain permits in order to plow or harvest hay from wet land acreage? Davis: No. Both the current and proposed regulations specifically exempt plowing, cultivating, seeding, or harvesting for crop production. Basically, if a farmer can drive his tractor through a wetland, he can farm the property. Farmers can also use wetlands for grazing livestock. Wolff: Is a permit needed to clean, repair, or maintain an existing drainage system in a cultivated field or pasture? Davis: Under current regula tions, a drainage system .State. Dairy Farmer Under 30 100-199 Parlor Yes MARTINS ELEVATOR INC. Route 6 Box 348 Hagerstown, Md. 21740 301-733-2553 JOE A. MILLER RD 1 Box SBA Saxton, PA 16678 814-635-3689 NORTH GLADE FEED & SUPPLY Box 116 Keymar, Md. 21757 301-898-3414 whether a ditch or tile drains installed in a wetland prior to July 1, 1979, can be maintained and that property can be farmed. The proposed regulations simply change the date from July 1,1979, to December 23, 1985, to be con sistent with the 1985 federal Farm Bill. Wolff: Is a permit necessary in order to open a drain or drainage ditch that has been closed due to a lapse in farm operations? Davis: Yes. If the drainage sys tem was abandoned and the prop erty reverted to wetlands, the far mer would be required to obtain a permit in order to rebuild the sys tem. Wolff: What other activities require a permit? Davis: Just like other property owners, farmers are required to obtain permits for building struc tures in wetlands, installing drain age systems in previously undrained wetlands, leveling and grading activities, and the con struction of some types of dams and ponds. . Wolff:- What types of pond construction would be exempt from permitting? Davis: Farm ponds developed outside of wetlands do not require a permit. A permit is also not required if a pond is developed in a wetland simply by damming a small creek. The regulations state that the dam must be less than IS feet high, the drainage area above the dam less than 100 acres, and the maximum storage less than SO acre-feet. Permits are required when ponds are developed by -Zip Other 39-40 200 + 50-99 Stanchion/Tie Stall NO OLEY VALLEY FEED Box 271 A Oley, PA 19547 215-987-3568 I SEND DEALER INQUIRIES TO: REGIONAL PRODUCTION MANAGER- JOHN E. PRATO 120 Chain Saw Rd. Dilliburg, PA 17019 717-432-8247 excavating wetlands. Wolff: Does a farmer need a permit in order to drain or clean his farm pond for ordinary maintenance? Davis: Yes. A draw-down per mit is required from the Pennsyl vania Fish Commission. Wolff: I have heard the proposed regulations will prohi bit any activity within a 300-feet buffer zone around all wetlands. Is this true? Davis: No. DER does not and will not regulate all activities within 300 feet of wetlands. If a farming activity is not actually within a wetland, floodway, or body of water, it is not regulated and doesn’t require a permit. Wolff: Can you explain this misunderstanding? Davis: Yes. The 300-feet provi sion is part of our current wetland regulations and is designed to pro tect important wetlands. This pro vision is triggered only when app lying for an encroachment permit for a project in a wetland, flood way, or body of water and that project is within 300 feet of an important wetland. 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RAM pack memory backup for long term storage without battery • Lightning and transient current protection Whenever questions arise regarding wetland buffers, a far mer should ask himself: “Is my project actually located in a wet land, floodway, or body of water?” If the answer is no, an encroachment permit is not required, regardless of how close the project is to the wetland. Wolff: In those instances when a permit is required, is the process as difficult as we’ve been led to believe and how long does it take? Davis: While a permit applicant must still meet both state and fed eral requirements, we have simpli fied the process by requiring only one application. As I noted before, both state and federal agencies use the same scientific procedure to identify and delineate wetlands. We also are developing general permits for agricultural practices that can be processed in less than a month. The bottom line, however, is fanners will rarely need to apply for encroachment permits unless they intend to fill or excavate wet land acreage. Normal farming practices will not be affected. GIGANTIC SELECTION IN Lancaster Farming's CLASSIFIEDS computer control unit is solid state, can stand up under “barn office” conditions ORMIRONDC The Feeding Expert•
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