NR 120.14(21)(b)3.3. The landowner agrees to abandon the existing site permanently for livestock use and agrees to record a restrictive covenant to this effect in the office of the register of deeds for each county in which the property is located. The restrictive covenant shall permanently exclude the use of the property by livestock. A maximum of 10 animals may be kept on the site, provided that no more than 4 individual animals exceed a live weight of 200 pounds and the desired level of pollutant control for the site is maintained. NR 120.14(21)(b)4.4. A plan for relocation shall be approved by the governmental unit, in writing, prior to initiation of relocation. The project grant application shall list criteria for relocation plan approval. At a minimum, these criteria shall include the following: NR 120.14(21)(b)4.a.a. The site is identified as eligible in the approved priority watershed plan, priority lake plan or project grant application. NR 120.14(21)(b)4.b.b. The relocation to a site owned, operated or controlled by the cost-share recipient is cost-effective provided the cost-sharing for repairing, reconstructing or replacement of buildings and other structures at the relocation site does not exceed the appraised values of the buildings and other structures to be abandoned which have utility for livestock operations. NR 120.14(21)(b)4.c.c. The relocated lot will not significantly contribute to a water quality problem. NR 120.14(21)(b)5.5. If the cost-share recipient has received state cost-share funding at the site to be abandoned for practices listed in this paragraph, the amount of cost-sharing received shall be deducted from the relocation cost-share payment. NR 120.14(21)(b)6.6. In cases of abandonment which does not include relocation to a different site owned, operated or controlled by the cost-share recipient, livestock may not be relocated to a site which will significantly contribute to surface water or groundwater quality degradation. A written plan shall be submitted to the governmental unit for approval detailing the disbursement of the animals. NR 120.14(21)(b)7.7. The abandonment of a site without relocation to a site owned, operated or controlled by the cost-share recipient is cost-effective provided the cost-share grant does not exceed the estimated cost-share grant of the best management practices which would have been installed at the abandoned site. The best management practice cost-effective requirement may be waived by the department if the site to be abandoned has a significant water quality impact and the proposed best management practice cannot ensure an acceptable level of water quality protection when compared to relocation. NR 120.14(21)(c)(c) Standards. Standards from the NRCS field office technical guide are as follows: NR 120.14(22)(a)(a) Description. Well abandonment is the proper filling and sealing of a well to prevent it from acting as a channel for contaminants to reach the groundwater or as a channel for the vertical movement of surface water to groundwater. This practice shall be implemented using one or more of the standards in par. (c). NR 120.14(22)(b)1.a.a. The removal of the pump, pump piping, debris or other obstacles that interfere with the proper sealing of the well. NR 120.14(22)(b)1.b.b. The sand-cement grout, sodium bentonite, clay slurry, chipped bentonite or concrete used for the well sealing. NR 120.14(22)(b)2.a.a. The abandonment of wells at an oil or gas drilling site or wells that produced gas or oil. NR 120.14(22)(b)2.c.c. The abandonment of mine shafts, drill holes or air vents associated with the mining industry. NR 120.14(22)(c)1.1. NRCS field office technical standard 351 — Well Decommissioning; April, 1999. NR 120.14(23)(a)(a) Description. A manure storage facility is a structure which stores manure from operations where manure is generated or from operations where the location and site characteristics of manure spreading areas result in a high potential for runoff to carry pollutants to lakes, streams and groundwater during periods of frozen or saturated conditions. The facility shall be necessary to accommodate proper land application of manure in accordance with a nutrient management plan. This practice shall be implemented using one or more of the standards in par. (c). NR 120.14(23)(b)2.a.a. The locations and site characteristics of areas where manure is spread have high potentials to carry runoff to lakes and streams and the facilities are necessary to accommodate proper land application of the manure in accordance with the nutrient management plan. NR 120.14(23)(b)2.b.b. The existing storage or spreading of manure has a high potential for contaminating groundwater as specified in the approved priority watershed plan, priority lake plan or project grant application. NR 120.14(23)(b)3.a.a. Aerobic or anaerobic basins, liquid manure tanks and solid manure stacking facilities, piping and other stationary equipment necessary for conveying manure to the storage facility required as part of a nutrient management plan. NR 120.14(23)(b)3.b.b. Storage capacities of no less than 30 days and no more than 365 day manure generation. NR 120.14(23)(b)3.d.d. The repair, modification or abandonment of existing manure storage facilities needed to meet water quality objectives including well abandonment required under ch. NR 812. NR 120.14(23)(b)4.a.a. Manure can be spread at acceptable rates on locations which are nearly flat and represent a minimal risk to surface water and groundwater or which do not drain to surface waters. NR 120.14(23)(b)4.b.b. The landowner intentionally aggravated conditions in order to qualify for cost-sharing. NR 120.14(23)(b)5.d.d. Additional costs associated with the construction of a manure storage facility incurred for the purpose of providing structural support for a building or other structure located over or attached to the facility. NR 120.14(23)(b)7.7. Manure stored in the storage facility shall be land applied in accordance with the operation’s nutrient management plan. Manure stored in facilities designed to be emptied annually or semi-annually may not be applied on frozen or saturated ground and shall be incorporated within 3 days after application. NR 120.14(23)(b)8.8. Basins shall be constructed to assure sealing of the bottom and sides to prevent contamination of wells and groundwater. NR 120.14(23)(b)9.9. The project sponsor prior to the payment of cost-share funds shall certify compliance with the manure management prohibitions in s. NR 151.08. NR 120.14(24)(a)(a) Description. Manure storage system abandonment is the permanent disabling and proper abandonment of leaking and improperly sited manure storage systems including a system with bottom at or below groundwater level; a system whose pit fills with groundwater; a system whose pit leaks into the bedrock; a system which has documented reports of discharging manure into surface water or groundwater due to structural failure; or a system with evidence of existing structural failure or evidence of imminent structural failure that will likely result in resource degradation. This practice shall be implemented using one or more of the standards in par. (c). NR 120.14(24)(b)1.1. Cost-sharing may be provided for the following practices to protect water resources from contamination by manure: NR 120.14(24)(b)1.e.e. Filling, shaping to insure surface drainage away from site, and seeding of area. NR 120.14(24)(b)2.2. Cost-sharing may not be provided for removal and spreading of manure that can be removed using conventional equipment and routine agricultural practices.
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Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
administrativecode/NR 120.14(22)(b)1.c.
administrativecode/NR 120.14(22)(b)1.c.
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