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 Partners in Conserving America's Resources
Exhibits and Attachments: |
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Partners in Conserving America's Resources
Exhibits and Attachments: |
THE
RESOURCE CONSERVATION AGREEMENT Revised 10/23/99 The following Exhibits and Attachments also will be a part of the Resource Conservation Agreement: click on your choice: | Purpose of this Agreement | Recent Changes | Exhibit A | Exhibit B | Exhibit C | Exhibit D | Attachment 1 | Attachment 2 | Attachment 3 | Attachment 4 | Attachment 5 | Attachment 6 | Attachment 7 | Attachment 8 | Attachment 9 | Attachment 10 |
The purpose of the Resource Conservation Agreement is to recognize the natural, scenic and ecological values of specific portions of a property -- a hardwood hammock or cypress swamp, for example -- which shall be known collectively as the "Conservation Premises," and to set forth recommended practices for managing these premises to retain their natural values and character. The Resource Conservation Agreement and its Attachments shall guide the actions that shall be taken and set forth the services that shall be provided to help conserve the value, character, ecological integrity and hydrological integrity of the Conservation Premises, help conserve and maintain the desirable animal and plant species that are supported by the Conservation Premises, and prohibit non-agricultural development activity on the Conservation Premises. All other portions of the property shall be known as the "Adjacent Lands." The Resource Conservation Agreement recognizes that the activities that take place on lands Adjacent to the Conservation Premises can and may have an impact on or affect the value, character, ecological integrity, hydrological integrity and/or the animal and plant populations on the Conservation Premises, and sets forth recommended practices for managing these Adjacent lands in such a manner so as to avoid completely or make the "best effort" to minimize any negative impact or affect upon the Conservation Premises. Please note: The order in which the Exhibits and Attachments are listed has been changed from the references that are made in the current working draft (version 1.0) of the Resource Conservation Agreement. The change was made so the Exhibits and Attachments would appear in a more logical order -- and would more closely follow the format established by the U.S. Department of Agriculture, Natural Resources Conservation Service for the documentation that is used for existing "Farm Bill" programs, such as the Wetland Reserve Program (WRP) and Wildlife Habitat Incentives Program (WHIP). The changes that have been made are as follows: Exhibit B: Property Description now has been redesignated as Exhibit C and Exhibit C: Aerial Photograph now has been redesignated as Exhibit B so it will immediately follow the map in Exhibit A. Also: Attachment 3: Farm Operation Document now has been renamed the Operating Plan, since it will refer to many other types of operations than just farms (including ranching operations, forestry operations, resource extraction operations, packing plant and processing plant operations, etc.) Attachment 6: Best Management Practices now has been redesignated as Attachment 4 so it will immediately follow the attachments describing the current agricultural production detail and the farm operation document. It also has been renamed "Recommended Management Practices." Attachment 8: Arrangements for Compliance Monitoring and Research now has been redesignated at Attachment 5 Attachment 4: Basic Fee for Services, Attachment 5: Additional Fees for Services and Attachment 7: Default and Penalties now have been redesignated as Attachment 6, Attachment 7 and Attachment 8, respectively. In addition, two new attachments have been added: Attachment 9: Arrangements for Assignment and Attachment 10: Encumbrance Provisions for Recording. These changes will allow the narratives describing the property, its features and current uses, and recommended management practices to proceed in a more logical manner and to follow the same order in which documentation for the USDA/NRCS "Farm Bill" programs are presented. Hence, it is hoped this will facilitate inclusion of the "Farm Bill" programs, or portions of these programs, as appropriate, into the Resource Conservation Agreement, and allow the Resource Conservation Agreement to act as an "umbrella" for other existing conservation programs. It is recommended that all Exhibits and Attachments be inserted in a 3-ring binder, a minimum of one copy of which shall be kept in the cooperator's main office. Copies of the attachments that refer to specific sites or parts of the operation (particularly relevant pages from Attachment 3 - Operating Plan and Attachment 4 - Recommended Management Practices) shall also be placed in 3-ring binders and located in a prominent place for easy access at each relevant site. All attachments should be written in clear, concise language. It should be possible for all employees of the agricultural operation covered by the Resource Conservation Agreement to be able to easily read and understand those portions of the attachments that relate to the sites or parts of the operation where they work. It is recommended that translations of these documents be made -- particularly if these employees speak English only as a second or third language or have a poor command of English. A Spanish language translation of Attachments 3 and 4 is highly recommended. Translations into other languages may be made as necessary at the discretion of the farm operation manager. Attachments 3 and 4 both are intended to provide day-to-day operational guidance to the employees of the agricultural operation covered by the Resource Conservation Agreement such that tasks and procedures associated with the operation will be performed in an efficient and environmentally compatible manner. The outline for Attachment 4 follows the same format as the "Operations Manual" that was developed for Sanwa Growers, Inc. in Hillsborough County, which forms the centerpiece of the model "Whole Farm Plan" that has been developed under the auspices of an Ecosystem Management Agreement in accordance with sections 403.075 and 403.0752, Florida Statutes. The Whole Farm Plan is a consolidated regulatory instrument for Sanwa Growers, jointly developed by Florida Department of Environmental Protection (DEP); Florida Department of Agriculture and Consumer Services (DOACS); Southwest Florida Water Management District (SWFMD); Environmental Protection Commission of Hillsborough County (EPC); Hillsborough County Economic Development Department, Hillsborough County Health Department; the USDA, Natural Resources Conservation Service (USDA/NRCS); University of Florida Institute of Food and Agricultural Sciences (IFAS), the Hillsborough Soil and Water Conservation District (SWCD), and the Florida Farm Bureau Federation (FFBF). When completed, the Whole Farm Plan will constitute a consolidated team permit for the activities at Sanwa that are currently regulated by the agencies involved, that is binding on all parties and will be jointly issued by the agencies as a "single authorization" for a 20-year period, with provisions for 5-year reviews. Attachments 4 and 5 are designed so they also can serve as a Whole Farm Plan. As a result, the Resource Conservation Agreement offers the opportunity to consolidate existing conservation plans, cost-share programs, best management practices and conservation programs into a single document. PLUS, it offers the opportunity to consolidate all permits and regulatory requirements into a single document so the Resource Conservation Agreement can act as a comprehensive operating plan that will satisfy all permits, regulations and requirements from all governmental entities (or at least all participating entities) for the entire term of the agreement. It also holds the potential to actually exceed current minimum standards and requirements and provide a net environmental benefit over current regulatory approaches, both because it is an incentive-based document that includes additional incentives for surpassing minimum requirements and because it will incorporate all permits, regulations and requirements into an easy to read, easy to understand "operating plan" that will act as a day-to-day operational guide for all employees. Consequently, this approach assures that all procedures necessary for meeting the objectives of these permits, regulations and requirements will become a part of the daily actions and operating procedures followed by each employee. This shall be comprised of a GIS map, marked with the date of preparation, showing the habitat types, wetlands and other natural features that are of high ecological value and, as such, shall be considered the "Conservation Premises" and managed to maintain (or improve) their ecological values under the Resource Conservation Agreement. The map shall also show all other current land uses -- such as ecological sites, rangelands, pasturelands, croplands and forestlands -- on the property and shall designate these as "Adjacent Lands" to the Conservation Premises. All symbols and colors used on the map shall be described in a legend. In addition:
This shall be comprised of an aerial photograph, marked
with the date the photograph was taken, on which the property boundaries have been marked
and the "Conservation Premises" contained in the property have been clearly
delineated. The legend on the map shall indicate that all portions of the property that
lie outside of the areas delineated shall be considered "Adjacent Lands." This shall be comprised of: 1. Features - A general description of the property -- type of agricultural operation, number of sections of land and acres, county in which property is located, and quick overview of unique features of property; Example: Don Hall's Ranch is a commercial cattle ranch located in south central DeSoto County, Florida consisting of 9 sections of land and approximately 5,919 acres. Approximately 80 percent of this tract is undeveloped rangeland, exhibiting 5 distinct range sites/habitat types: freshwater marshes, slough/wet prairies, hydric hammocks, mesic flatwoods, and interior Florida scrub. Also present is approximately 1,000 acres of pastureland that is essential to the cattle enterprise as well as providing some wildlife habitat values. Together, these native plant communities and pastureland provide a mosaic landscape unique to south Florida. These habitat types provide a wildlife and plant diversity that is becoming increasingly rare in south Florida, and one that should be recognize as having intrinsic ecological value which is irreplaceable. Also: 2. Directions - A succinct paragraph giving directions for reaching the property; 3. Tax ID - The property's tax identification number(s); and 4. Legal - The property's legal description(s).
Copy of document attesting that the Resource
Conservation Agreement has been filed with the County Clerk and recorded in the chain of
title for the property.
This shall be comprised of a description of: 1. Soil Resources -- with a chart showing soil name, soil map symbol, whether or not the soil is hydric and habitat types found on the soil, following format used by the USDA/NRCS to describe soil resources in the documents used for the USDA's Wetlands Reserve Program (WRP), Conservation Reserve Program (CRP), Wildlife Habitat Incentives Program (WHIP) and Environmental Quality Incentives Program (EQIP). 2. Habitat Types & Functions -- one paragraph each, following format used by the USDA/NRCS in conservation plans to describe ecological communities, habitat types & their functions. Species of wildlife supported by these habitat types or observed on the property should be noted, according to the provisions listed below. 3. Water Resources & Hydrology -- again, one paragraph each, following format above. 4. Other Significant Natural Resources & Features -- one paragraph each, following format above. Species that are mentioned in this Attachment shall be listed for the purposes of guidance only in developing the Operating Plan (Attachment 3) and Recommended Management Practices (Attachment 4) and in determining the services that the Landowner shall provide under the Resource Conservation Agreement. It shall be specifically noted that species observed on the property at the time this Attachment is prepared may vary according to season, migratory patterns and other factors beyond the Landowner's control. It shall be explicitly understood by the parties that the Landowner is not responsible under this Agreement for the health of any specific species, nor for maintaining specific numbers of any species, but is instead responsible for caring for and maintaining the habitat types and other natural features of the property that contain and support these species. Optional: Photographs (or a video) may be included in an attachment designated as Attachment 1A (or 1A, 1B, 1C, etc., as necessary) showing each of the habitat types and significant natural resources and features. Example: Soil Resources Soils establish the foundation from which all conservation planning alternatives and recommendations are based by the USDA - NRCS. Soil descriptions are used to understand the capability of the land to provide certain functions and values, such as production of forage, wood and other agricultural products, native ecological plant communities and the potential for restoring or enhancing wildlife habitat. There are 24 individual map series of soils identified on the Hall Ranch.
Habitat Type & Function Freshwater Marsh This rangeland ecological site or habitat type encompasses areas known as Tiger Bay Slough, the southern portion of Sheep Pen Marsh, as well as several other isolated marshes throughout the property. Freshwater Marsh habitat types are wetlands systems that can best be associated with Freshwater Marshes (641), and Freshwater Marsh with Shrubs, Brush & Vines (6417 as described in the Florida Land Use, Cover and Forms Classification System (FLACKS). Freshwater Marshes have been ranked S4, defined as a site apparently secure in Florida according to the Florida Natural Areas Inventory (FNAI). The Freshwater Marsh Ecological Site/Habitat type have the longest hydroperiod of all of the sites on the property. Freshwater Marshes typically exhibit hydroperiods of inundation by water from 3 - 9 months every year. A variety of plant associations can be found within these habitat types resulting from the frequency and intensity of grazing, burning, and inundation. Common plant associations include, maidencane (Panicum hemitomon) arrowheads (Sagitaria spp.), bulrush (Scripus spp.), cutgrass (Leesia hexandra), pickerelweed (Pontederia lanceolata), spikerush (Eleocharis spp.), fire flag (Thalia geniculata), Sawgrass (Cladium jamaicense) and badderworts (Utricularia spp.) etc As fire frequencies are diminished, woody species such as willow (Salix caroliniana), red maple (Acer rubrum), red bay (Persea borbonia), cypress (Taxoduim distichum), as well as other hydrophytic trees and shrubs may become dominant. Practices such as following a prescribed grazing plan, applying prescribed burning, and restoring a more natural hydrologic regime within the Freshwater Marsh wetland systems where needed will provide the greatest benefits in the restoration and enhancement of these sites. Slough/wet Prairie This rangeland ecological site or habitat type represents approximately XXX acres. This site is sometimes referred to as a wet prairie site in some texts. The slough site is a herbaceous wetland plant community consisting of a variety of herbaceous species with little blue maidencane, Amphicarpum muhlenbergianum, as its predominant vegetation in excellent condition. To maintain the integrity of this native plant community, apply periodic grazing. Little blue maidencane performs best when this grass is grazed no closer than a 6" stubble height. etc.
This shall be comprised of a description of: 1. Management Objectives and Goals. 2. Agricultural Operations -- one paragraph describing each type of agricultural operation and use on the property, moving in a logical manner across the property, say from the west to east and north to south starting in the northwest corner and moving to the south east corner, or moving from the front gate to the back gate. Details covered should be: name and/or location of field, grove or area of operation; number of acres involved; current type of agricultural or forestry production (i.e., bahiagrass pasture, red naval orange grove, slash pine plantation); years in current use; past types of agricultural or forestry production and years (if known); distinguishing features -- type of irrigation, presence of roads, ditches, pumps, etc. 3. Other Property Uses -- one paragraph describing each type of other property use -- retention ponds, housing, buildings & their uses, storage tanks, corrals, loading docks, packing facilities, resource extraction activities, etc., and uses made of the property for Agri-tourism, hunting and other recreational activities. This attachment describes "what" uses are made of the property and "where" each is located on the property. Optional: Photographs (or a video) may be included in an attachment designated as Attachment 2A (or 2A, 2B, 2C, etc., as necessary) showing each of the agricultural operations and property uses. Example: The Grove The Grove is located at the corner of 1st Street and 24th Avenue in Ruskin, Florida. It is a 40 acre citrus grove and 24 acre row crop operation. The grove includes ___ acres of persimmons, ___ acres of limes, ____ acres of key limes, ___ acres of naval oranges and ____ acres of red naval oranges. The row crops are primarily herbs, with varieties and crop makeup changing frequently. The grove was established in 19__. Prior to that, it was operated as a ____ for _____ years. The current row crop operation was established in 19__. Prior to the introduction of herbs, _____ were grown, as well as ______ over a period of ____ years. A drip irrigation system is used in the grove, which is fed by one well. The row crop operation is irrigated primarily by overhead sprinklers which are elevated approximately three feet above the crops on PVC pipe stands. This irrigation system is fed from a separate well. This attachment describes "how" and " when" various agricultural, grazing, forestry and/or resource extraction operations shall be carried out, indicates "who" is responsible for each and explains "why" specific management practices (which are described in detail in Attachment 4) should be followed. It also will include a section on proposed operational changes or additions that the Landowner or Agricultural Operation Manager foresees or may wish to have the opportunity to make during the term of the agreement. It will be implicitly understood by all parties that operational changes or additions that are included in this section will be covered by the Resource Conservation Agreement and the management guidelines that are incorporated into the Agreement and will require no further permission or permits to implement. The Operating Plan will be a step-by-step "how to" guide designed to highlight key actions that must be taken by all employees to properly operate equipment and follow practices to ensure efficient production and compliance with the regulations and permits that would be required in lieu of the Operating Plan. However, to ensure that it is as easily readable and easily understandable as possible, the Operating Plan also must be succinct. It therefore will act primarily as a detailed outline that will be supplemented with more specific and illustrative descriptions that can be incorporated by reference. These other descriptions will include the recommended management practices in Attachment 4, supervisors' manuals that will be more detailed and updated as necessary, the manuals provided by equipment manufacturers, chemical companies and other suppliers, and manuals that already may in use by the agricultural operation. The Operating Plan will be divided into sections, each covering a single "production location" or "operating unit" that plays a role in the integrated agricultural objectives of the company. For the purposes of this document, a "production location" or "operating unit," will be defined as "an agricultural operation with clearly defined boundaries that is not adjacent to another operating unit by the same owner." As with Attachment 2, the Operating Plan will move in a logical manner across the property where each production location or operating unit is situated, covering each part of the unit’s operations from the front gate to the back gate. Descriptions of the current operations for each unit will be broken down into the following areas:
and:
Also, as appropriate to the type of operation:
It is recommended that a 10-minute video, based on the text of Attachment 3, also be developed for each operation at each production location, so that employees can be shown each operation step. This will be particularly useful in training employees, providing "refresher" courses to ensure consistent practices and in showing outsiders how operations are conducted. As part of his or her orientation with the ag operation, each employee will familiarize himself or herself with the contents of the Operating Plan at the site where he or she is going to work, and will sign an acknowledgment of understanding the contents. The Operating Plan should be easily understood and should answer any questions the employee has regarding the production element of the operation where he or she works. If any questions are unanswered or if the Operating Plan is confusing or poorly understood, the employee should notify his or her supervisor, who will explore improvement or changes needed in the Operating Plan, or help the employee understand. This Operating Plan -- and any changes made to the Plan, which are made during the 5-year review of the Resource Conservation Agreement, or at the request of the Landowner or Agricultural Operation Manager -- shall be developed and approved with the assistance and participation of all agencies that will be accepting the plan in lieu of their normal regulatory requirements and/or permits. The Resource Conservation Agreement requires that all operations be conducted according to both Attachment 3 and 4 so that environmental compatibility and compliance with regulatory requirements can be assured. The intent here is to design the Operating Plan so that it is incorporated into the daily actions and operating procedures followed by each employee. By creating an easy to read and easy to understand plan, all parties will benefit, since optimum production can be more easily assured, compliance with all permits and regulations that would have been required in lieu of the Operating Plan can be more easily assured, and optimal environmental sensitivity and compatibility can be more easily assured. Here's a suggested format for the Operating Plan: Example: Site One Operating Plan I. GROUNDWATER MANAGEMENT A. Introduction Uses of groundwater at Site One are for irrigation and for drinking water. The location of the three wells authorized as part of the Operating Plan can be found on the map located in Exhibit A. Refer to this section for guidance on well locations, inspections, irrigation methods and drinking water. Your supervisor has been supplied with a groundwater conservation manual which includes water conservation measures he will employ when providing you with daily direction. B. Irrigation 1. The majority of crops grown on this site are herbs which require relatively little water. They are shallow-rooted plants and consequently do not require deep soil saturation during most irrigation. In most cases, irrigation timing and duration will be determined by your supervisor, so do not turn on irrigation pumps or valves without direction from your supervisor. 2. Pumps are turned on manually at the well/pump site (See Exhibit A) by unlocking the exterior box marked "switch" and engaging the appropriate switch. Only supervisors and designated employees will have keys to the switch box. Always lock the switch box after engaging or disengaging the pump. 3. Irrigation at this site is accomplished primarily by overhead sprinklers which are elevated approximately 3 feet above the crops on PVC pipe stands. The sprinkler heads are located at ___ foot intervals, or approximately every 6 rows. There are a total of__sprinkler heads. These pipe stands are fragile, do not bump them or run over them with equipment. 4. While some crops need more water than others, irrigation at Site One will be undertaken with the intent to minimize water use. Irrigation will be turned off before any pumped water runs off the property. Adequate soil moisture will be determined by your supervisor using a tensiometer or soil cohesion test. 5. During irrigation, all employees should observe pumps, sprinkler heads and pipes for leaks. Report any leaks to your supervisor. (See Equipment Maintenance) 6. Both irrigation wells are 4 inches in diameter. Water from the primary irrigation well is pumped to the field by a diesel motor. The motor and well casings must be inspected regularly for fuel, water or oil leaks. Oil changes and diesel motor maintenance will be conducted by a licensed mechanic provided by Sanwa. (See Equipment Maintenance.) Report any leaks or motor problems to your supervisor or to the company's corporate offices. C. Drinking Water 1. The drinking water well and system are located at the rear of the packing house. (See Exhibit A) 2. The drinking water system is maintained and operated by a licensed operator under contract to Site One. If any drinking water difficulties arise, notify your supervisor. The name and contact information for the licensed operator are located at the well site. 3. Only the licensed operator and your supervisor have keys to the structure housing the drinking water well and system. In addition, a key is kept in the main business office in the packing house, if a County Health Department official arrives for an inspection and you cannot contact your supervisor or the licensed operator. 4. The drinking water system includes liquid chlorine tanks for purification of the drinking water. Chlorine is a caustic and dangerous chemical which can cause serious harm to you. Make sure that chlorine warning signs are posted on the outside of the structure housing the drinking water system and immediately report any unusual chemical odors or odors which burn your eyes or skin that you encounter near the structure containing the drinking water system, or anywhere else on the farm. This Attachment will describe the recommended management practices that shall be followed in all agricultural operations and in managing and maintaining the "Conservation Premises" on the property. Like Attachment 3, it will be divided into sections, each covering a single production location. These locations will be described in the same sequence as employed in Attachment 3. Management practices that apply to more than one location will be repeated in each section, so these sections can be kept in separate 3-ring binders and located in a prominent place for easy access at each location. In addition, the management practices that apply to the "Conservation Premises" that will be accessed or managed from each location will be included in the section covering that production location. Example: Maidencane Marsh To maintain the integrity of this site, appropriate seasonal livestock grazing should be applied. Maidencane performs best when the grass is grazed no closer than 8" stubble height. If an accumulation of biomass begins to "thatch-up," burn these sites in the spring or early summer. Sawgrass Marsh To maintain the integrity of this site, periodic fire should be applied only when soils are saturated. Sawgrass marshes are located on organic muck soils. If these soils are too dry when burned, severe damage can be inflicted upon the sawgrass plant community. If sawgrass is burned "hot," down to soil surface, and the site become inundated with surface water, sawgrass is easily killed. Adequate hydroperiods are essential to the long-term survival of sawgrass marshes. Hydric Flatwoods To maintain the integrity of this plant community, natural water table variability is essential along with periodic burning every 3-5 years. Late spring-early summer burns are most desirable, mimicking the natural system that once prevailed. To allow native vegetation to adequately compete following a burning event, flatwoods MUST be deferred from grazing for at least 3 months following a burn. Noxious and Invasive Plant Control The following noxious or invasive plants are known to occur on the site or are present in the immediate vicinity of the operating unit: Cogongrass, Tropical soda apple, and Brazilian pepper. Employees who find these plants will report the location and amount of infestation to their supervisor. These plants will be treated in accordance with the latest recommendation from the University of Florida, Institute for Food and Agricultural Sciences (UF/IFAS) and the Cooperative Extension Service (CES). Specific Control Methods: Cogongrass To control Cogongrass, apply Roundup at 3-4 quarts per acre or Fusilade at 2 pints per acre as a foliar spray. Best results occur when Cogongrass is burned in March or April, followed by a light disking or chopping 30 days after burning, followed by a herbicide application in October or November. A continued vigilance of this pest species will be required. See Technical Note excerpt attached. Etc.
Detail on access allowed to property under the Resource Conservation Agreement: who is allowed access, when, under what circumstances, how much advance notice is required, who must be contacted, what must be done to find a mutually acceptable time, etc. Detail on what types of property tours, inspections, surveys and tests shall be conducted to ensure compliance with the agreement. Detail on what types of research, if any, are allowed on the property, and under what conditions.
Description of basic services to be provided and the fees that shall be paid for these services. Provides additional information and detail, if necessary, to Article 3, paragraphs 3 and 4.
Description of "bonus payments" that can be made under the agreement, how it will determined whether "bonus payments" shall be made, and when and how they shall be made. Description of fees for additional services that may be performed, including when and how they shall be made.
Additional information and detail, if required, on defaults and penalties, as described in the Resource Conservation Agreement, Articles 9 and 12.
Paragraph describing arrangements for assignment.
Paragraph describing encumbrance provisions for recording.
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