Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 565 - Nutrient Management Rules › Section 001-565-6 - Nutrient Management Plans

Current through 2024-29, July 17, 2024
1.
Standards
A.
Contents and
				Requirements
(1) The NMP must include
				and address all nutrients produced on or brought onto the farm and contain the
				following at a minimum:
(a)
Livestock
				Farms
. storage and utilization of manure and off-farm nutrients on all
				land including leased and/or rented land;
(b)
Crop Farms
. storage and
				utilization of manure and off-farm nutrients on land to which regulated
				residuals or more than 100 tons of manure or compost in any one calendar year
				are applied;
(c)
Calculation
				of crop nutrient needs
. The calculation of nutrients to be applied must
				be based on soil tests, manure tests, crop to be grown, and realistic yield
				goals. A realistic yield goal must be no more than 130% of the state average
				for the crop in question as determined by the Commissioner, unless the producer
				can demonstrate that in at least 2 out of 5 years yields have been greater than
				130% of the state average, in which case nutrients may be recalculated to meet
				the higher yields actually experienced. Each field must have its own
				calculation. The calculation of nutrient needs must take into account the
				mineralization of organic nitrogen in the soil and in the nutrient material to
				be applied as well as inorganic nitrogen, following procedures approved by the
				Commissioner.4New farms and
				farming operations that are developing an initial NMP, which do not have a crop
				or livestock production history, may estimate crop nutrient requirements and
				the nutrient values to be derived from manure by utilizing data from current
				editions of the "New England Vegetable Management Guide" or the publication
				"Nutrient Recommendations for Field Crops in Vermont";
(d) Each field must show the calculation of
				nutrients required to grow a crop in accordance with procedures approved by the
				Commissioner. The NMP must include a Field Spreading Summary Sheet indicating
				the rate of material to be applied on each field;
(e) The number of each type of animal and an
				estimate of the number of corresponding animal units on the farm at the time
				the NMP is prepared;
(f) A soil
				erosion control plan for land used for growing annual crops. This plan must
				have been designed or approved by a certified professional in erosion and
				sediment control, a qualified certified crop advisor, qualified personnel of an
				SWCD, a qualified NRCS employee, or be a privately developed plan utilizing one
				or moreerosion control BMPs, that are in conformance with Department standards,
				to minimize erosion and phosphorus transport to the maximum extent
				feasible;
(g) Soil tests for each
				field where manure or other crop nutrients will be applied. Soil testing must
				be repeated for each field at least every 5 years. More frequent testing is
				recommended for fields with soil phosphorus levels above 40 lb./ac. Soil tests
				must be conducted by an appropriately accredited laboratory;
(h) Identification of the limiting nutrient
				for determining nutrient application rates that are environmentally sound,
				using the decision matrix included in Attachment A, "N and P Manure Priority
				Matrix", or a current phosphorus index approved for Maine;
(i) Where constructed Vegetated Treatment
				Areas and/or Filter Strips are included as part of the plan, the specifications
				outlined in the corresponding NRCS practice standards (635 and 393 - see
				Attachment B) must be followed unless otherwise approved by the Commissioner.
				Vegetated treatment areas and filter strips must be inspected and repaired each
				year. Phosphorus must not be added within these areas except as necessary to
				maintain adequate plant growth.
(j)
				Site-specific dates recommended for the spreading of manure and other farm
				nutrients, and spraying or irrigation of liquid manure. Recommended spreading
				must comply with §
												5 of these Rules;
(k) A site-specific animal carcass disposal
				plan, which is consistent with the requirements specified in the Department's
				Chapter 211 "Rules for the Disposal of Animal Carcasses,"or as determined by
				the Commissioner.
(l) A plan
				detailing how livestock will be excluded from "Waters of the State", as defined
				in the DEP Chapter 520 "Definitions for the Waste Discharge Permitting Program"
				Rule.
(m) A timetable for
				implementing the plan. New farms and farms coming under new ownership must
				develop the NMP before the farm becomes operational;5and
(n) Any proposed increase in an operation's
				animal units that conforms with the requirements in §6.1(E) of these Rules
				must be evaluated by a certified nutrient management planning specialist to
				determine if an update to the NMP is required. The evaluation also must
				determine if the operation requires expansion of its manure storage facilities,
				and/or expansion of its land base for spreading, and if the operation requires
				the development of a Livestock Operations Permit (LOP).