Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 85 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC50-85-140 - Required nutrient management plan procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nutrient application.
1. A certified nutrient management planner
				shall include, in each plan, nutrient application practices for each field in
				the plan. The nutrient application rates shall be calculated for nitrogen (N),
				phosphate (P2O5), and potash
				(K2O). Individual field recommendations shall be made
				after considering nutrients contained in fertilizers, manure, biosolids,
				industrial wastes, legumes in the crop rotation, crop residues, residual
				nutrients, and all other sources of nutrients. Individual fields may be grouped
				together if similar soil productivity levels, soil fertility levels, and
				environmentally sensitive site features exist.
2. Nutrient application rates.
a. Determination of crop nutrient needs shall
				be consistent with tables and procedures contained in Virginia Nutrient
				Management Standards and Criteria, revised July 2014, and the Commercial
				Vegetable Production Recommendations, 2005 (Virginia Cooperative Extension
				Publication 456-420), and shall be based on soil test results for
				P2O5 and
				K2O.
b.
				Nitrogen applications rates in nutrient management plans shall not exceed crop
				nutrient needs in subdivision 2 a of this subsection.
c. Phosphorus application rates shall be
				managed to minimize adverse water quality impacts consistent with subdivisions
				2 c (1) through (5) of this subsection.
(1)
				Phosphorus applications from inorganic nutrient sources shall not exceed crop
				nutrient needs over the crop rotation based on a soil test.
(2) Phosphorus applications shall not be
				included in nutrient management plans developed after December 31, 2005, for
				soils exceeding 65% phosphorus saturation levels as listed in Virginia Nutrient
				Management Standards and Criteria, revised July 2014, regardless of the outcome
				of other procedures specified in this subsection except as allowed in
				subdivision 2 c (4) of this subsection.
(3) Whenever possible, phosphorus
				applications from organic nutrient sources should not exceed crop needs based
				on a soil test over the duration of the crop rotation. If this is not possible,
				maximum phosphorus application rates and phosphorus control practices contained
				in nutrient management plans shall be consistent with the phosphorus management
				provisions contained in Virginia Nutrient Management Standards and Criteria,
				revised July 2014, except as allowed in subdivision 2 c (4) of this
				subsection.
(4) Fields controlled
				by existing operations that receive phosphorus applications only from on-farm
				or on-site generated liquid dairy manure, liquid swine manure, or liquid sewage
				sludge shall be limited to a maximum of crop removal amounts of applied
				phosphorus until December 31, 2010, if the field exceeds 65% phosphorus
				saturation levels or has a phosphorus index rating that exceeds 100. New
				operations that begin production after December 31, 2005, or operations that
				expand after December 31, 2005, by increasing the total phosphorus generated in
				liquid dairy manure, liquid swine manure or liquid sewage sludge by more than
				10% shall not be considered existing operations.
(5) A single phosphorus application may be
				recommended to address multiple crops in the crop rotation identified within
				the timeframe covered by the nutrient management plan consistent with
				4VAC50-85-140 D 1 if the single
				application does not exceed the sum of the appropriate application rates for
				individual crops as determined by subdivisions 2 c (1) through (3) of this
				subsection.
d.
				Recommended application rates for secondary nutrients and micronutrients should
				be at agronomically or economically justifiable levels for expected crop
				production. Potassium applications sufficient to meet crop nutrient needs shall
				be included in nutrient management plans for all fields consistent with
				recommendations contained in Virginia Nutrient Management Standards and
				Criteria, revised July 2014.
e.
				Expected crop yield shall be determined from any of the following methods on a
				given field:
(1) Soil productivity group
				expected crop yields based on and consistent with soil productivity information
				contained in Virginia Nutrient Management Standards and Criteria, revised July
				2014;
(2) The farmer's past
				experience with crop yields in specific fields may be used to make reasonable
				adjustments to expected crop yields in subdivision 2 e (1) of this subsection
				in lieu of verifiable yield records provided the upward adjustments impact no
				more than 20% of the acreage of any crop on a particular farm; or
(3) Verifiable past crop yields are utilized
				to determined expected crop yield. The calculation of expected crop yield shall
				be an average of the three highest yielding years taken from the last five
				years the particular crop was grown in the specific field.
f. Representative soil analysis results for
				fields shall be determined by using standard soil sampling and analysis methods
				according to Methods of Soil Analysis, Part 3, Chemical Methods, 1996,
				utilizing the Mehlich I extraction procedure for phosphorus or other methods
				and laboratories approved by the department and correlated to Mehlich I and
				utilizing correlation procedures contained in Virginia Nutrient Management
				Standards and Criteria, revised July 2014. Soil analysis results shall be dated
				no more than three years prior to the beginning date of the nutrient management
				plan. A single composite soil sample should represent an area up to
				approximately 20 acres. Fields such as those common to strip cropping may be
				combined when soils, previous cropping history, and soil fertility are similar.
				Representative soil sample cores shall be obtained from the soil surface to a
				depth of four inches (0-4") for fields that have not been tilled within the
				past three years, and from the soil surface to a depth of six inches (0-6") for
				fields that are tilled or have been tilled within the past three years. Soil
				sampling of fields based on subfield grids or management zones may be
				utilized.
g. For existing
				operations, the most recent organic nutrient source analysis results or an
				average of past nutrient analysis results for the specific operation within the
				last three-year period shall be used to determine the nutrient content of
				organic nutrient sources. Manure analyses shall include percent moisture, total
				nitrogen or total Kjeldahl nitrogen, ammonium nitrogen, total phosphorus, and
				total potassium determined using laboratory methods consistent with Recommended
				Methods of Manure Analysis, publication A3769, University of Wisconsin, 2003,
				or other methods approved by the department. For plans on new animal waste
				facilities, average analyses published in Virginia Nutrient Management
				Standards and Criteria, revised July 2014, should be utilized unless proposed
				manure storage and treatment conditions warrant the use of alternative data.
				Plant available nutrient content shall be determined using the mineralization
				rates and availability coefficients found in Virginia Nutrient Management
				Standards and Criteria, revised July 2014, for different forms and sources of
				organic nutrients. Mineralization of organic nutrients from previous
				applications shall be accounted for in the plan.
h. The expected nitrogen contributions from
				legumes shall be credited when determining nutrient application rates at levels
				listed in Virginia Nutrient Management Standards and Criteria, revised July
				2014.
3. Soil pH
				influences nutrient availability and crop nutrient utilization and should be
				adjusted to the level suited for the crop. Nutrient management plans shall
				contain lime recommendations to adjust soil pH to a level within the
				appropriate agronomic range for the existing crop or crop(s) to be grown.
				Recommendations shall address lime application if soil pH is below the optimal
				range. Nutrient management planners shall not recommend the application of
				lime, lime-amended materials, or nutrient sources that are expected to raise
				the soil pH to a level that exceeds the appropriate agronomic range for the
				growing crop or crop(s) to be grown based on recommendations contained in
				Virginia Nutrient Management Standards and Criteria, revised July
				2014.
4. Nutrient application
				timing.
a. Timing recommendations for
				nutrient sources containing nitrogen shall be as close to plant nutrient uptake
				periods as reasonably possible. A certified nutrient management planner shall
				utilize procedures contained in Virginia Nutrient Management Standards and
				Criteria, revised July 2014, to determine the timing of nutrient applications.
				To reduce the potential for nutrient leaching or runoff, a certified nutrient
				management planner shall recommend applications of nitrogen-containing
				materials only to sites where an actively growing crop is in place at the time
				of application or where a timely planted crop will be established within 30
				days of the planned nutrient application, except as specified in subdivisions 4
				b through e of this subsection. If such nutrient applications are made to
				fall-seeded crops such as small grain, the crop planted shall be capable of
				germination and significant growth before the onset of winter so the crop is
				able to take up the available applied nitrogen.
b. Organic nutrient source applications may
				be applied at differing times than specified in subdivision 4 a of this
				subsection in order to manage storage constraints in accordance with the
				following conditions:
(1) Applications of
				organic nutrient sources shall be within 60 days of planting a spring seeded
				crop to sites that are not environmentally sensitive sites as identified in
				4VAC50-85-10 or the Virginia
				Nutrient Management Standards and Criteria, revised July 2014, except as
				specified in subdivision 4 b (2) of this subsection. Such nutrient applications
				shall not exceed allowable application rates of the spring seeded
				crop;
(2) Applications shall be
				within 90 days of planting a spring seeded crop to sites that meet all of the
				following requirements:
(a) Are not
				environmentally sensitive sites as identified in
				4VAC50-85-10 or the Virginia
				Nutrient Management Standards and Criteria, revised July 2014;
(b) Have slopes of less than 7.0% throughout
				the application area unless:
(i) at least 60%
				uniformly distributed crop residue cover exists following application or
(ii) the application and any
				associated tillage is in conformance with an existing and implemented soil
				conservation plan meeting NRCS requirements for the site; and
(c) The organic sources being
				applied are one of the following: semi-solid beef manure, semi-solid dairy
				manure with sawdust bedding or straw bedding, dewatered anaerobically digested
				sewage sludge, or dewatered lime stabilized sewage sludge. Such nutrient
				applications shall not exceed allowable application rates of the spring planted
				crop;
(3) Applications
				of organic nutrient sources may occur prior to the times specified in
				subdivisions 4 b (1) and (2) of this subsection on:
(a) Sites that are not environmentally
				sensitive sites if all of the following requirements are met:
(i) a trap crop exists that has reached a
				Zadoks growth stage of 23 or greater having a uniform stand throughout the site
				area of at least 20 plants per square foot;
(ii) the trap crop shall be allowed to
				continue growing on the entire site until within two weeks of the spring crop
				planting date;
(iii) all such
				nitrogen applications of organic nutrient sources to trap crops shall not
				exceed the crop nutrient needs of the upcoming spring planted crop subtracting
				at least 30 pounds per acre of nitrogen to be reserved for use as a banded
				starter fertilizer at the time of spring planting; and
(iv) the rate of organic nutrient source
				applied does not smother the crop.
(b) Environmentally sensitive sites as
				identified in
				4VAC50-85-10 or the Virginia
				Nutrient Management Standards and Criteria, revised July 2014, in addition to
				those criteria outlined in subdivision 4 b (3) (a) of this subsection, such
				applications to a trap crop must be within 60 days of planting a spring planted
				crop.
c. The
				nutrient timing requirements of subdivisions 4 a and b of this subsection for
				application of sewage sludge to nonenvironmentally sensitive sites in nutrient
				management plans shall not be effective until January 1, 2009. The delayed
				implementation time is provided to allow for the development of adequate winter
				storage capacity, landfilling, or alternative uses. All applications of sewage
				sludge to environmentally sensitive sites in nutrient management plans will
				fully comply with the requirements of subdivisions 4 a and b of this subsection
				by January 11, 2006.
d. Composted
				organic nutrient sources having a final carbon to nitrogen ratio of 20:1 or
				greater are exempt from requirements of subdivisions 4 a and b of this
				subsection if analyzed for carbon to nitrogen ratio at the conclusion of the
				composting process and results are obtained prior to land application. The
				planner shall recommend soil nitrate testing to determine nitrogen application
				rates during the growing season following the application of composted organic
				nutrient sources.
e. The nutrient
				management planner shall recommend split application of inorganic nitrogen
				fertilizers as starter or broadcast and sidedressing or top dressing in row
				crops and small grains consistent with procedures contained in Virginia
				Nutrient Management Standards and Criteria, revised July 2014, on
				environmentally sensitive sites as identified in
				4VAC50-85-10. Split applications of
				inorganic nitrogen fertilizers and irrigation scheduling shall be recommended
				for crops to receive irrigation. The use of a pre-sidedress nitrogen test
				(PSNT) can help to determine nitrogen needs during the growing period. In lieu
				of split applications, the planner may recommend the application of the total
				nitrogen requirement for spring-planted row crops within one week prior to
				planting if at least 50% of the plant available nitrogen requirement of the
				crop is supplied with slowly available nitrogen sources.
f. Nutrient management plans shall include a
				statement indicating that applications of inorganic nutrient sources, liquid
				manure, liquid sewage sludge, or liquid industrial waste are not to occur on
				frozen or snow-covered ground. When ground is frozen, dry or semi-solid
				manures, dewatered sludges, or dewatered industrial wastes may only be applied
				if the field has:
(i) slopes not greater than
				6.0%;
(ii) 60% uniform ground
				cover from crop residue or an existing actively growing crop such as a small
				grain or fescue with exposed plant height of three inches or more;
(iii) a minimum of a 200-foot vegetated or
				adequate crop residue buffer between the application area and all surface water
				courses; and
(iv) soils
				characterized by USDA as "well drained."
5. Application method for nutrients.
a. The application of nitrogen containing
				materials shall be managed to minimize runoff, leaching, and volatilization
				losses.
b. Applications of liquid
				manures or sludges utilizing irrigation shall not be recommended to be applied
				at hydraulic rates above those contained in Virginia Nutrient Management
				Standards and Criteria, revised July 2014.
c. Plans shall not recommend liquid manure or
				sludge application rates utilizing nonirrigation liquid spreading equipment
				which exceed 14,000 gallons per acre (approximately one-half (0.5) inch) per
				application. The amount of liquid manure or sludge application in plans will
				not exceed the hydraulic loading capacity of the soil at the time of each
				application. If a subsequent pass across a field is necessary to achieve the
				desired application rate, the plan will allow for sufficient drying
				time.
d. Where possible, the
				planner should recommend that biosolids, industrial wastes and manures be
				incorporated or injected in the crop root zone in order to reduce losses of
				nitrogen to the atmosphere and to increase the plant available nitrogen to
				phosphorus ratio of these nutrient sources relative to crop nutrient needs.
				Lime stabilized biosolids should not be injected due to the creation of a
				localized band of high soil pH unless subsequent practices are utilized, such
				as disking, in order to adequately mix the soil.
e. The planner shall recommend setbacks
				around wells, springs, surface waters, sinkholes, and rock outcrops where
				manure, biosolids, or industrial waste should not be applied. Such setbacks
				recommended shall be consistent with criteria contained in Virginia Nutrient
				Management Standards and Criteria, revised July 2014, unless alternative
				setbacks or buffers are specified in regulations or permits pertaining to the
				site. For sites impacted by other regulations or permits, the planner shall
				include the setbacks and buffers specified in regulations promulgated under
				§ 62.1-44.19:3 of the Code of Virginia for sewage sludge, §
				62.1-44.17:1 of the Code of Virginia for animal waste, § 62.1-44.17:1.1 of
				the Code of Virginia for poultry waste, and Article 2.5 (§ 62.1-44.15:67
				et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia for sites in
				Chesapeake Bay Preservation areas, and permits for industrial waste land
				application. The land area within setback and buffer areas shall be deducted
				from field acreage to determine usable field acreage for nutrient application
				in nutrient management plans.