Posted: December 22, 2020
The purpose of this article is to clarify the requirements for accurately delineating manure application setbacks from water features on Act 38 Nutrient Management Plan (NMP) and Nutrient Balance Sheet (NBS) maps.
Specifically, the requirements apply to the NMP Operator Management Map and NBS Operation Map. The Nutrient Management Regulations under § 83.294 - Nutrient Application Procedures describe the manure application setback requirements as follows:
(f) Setbacks and buffers. Manure may not be mechanically applied in the following situations: (1) Within 100 feet of the top of the bank of a perennial or intermittent stream with a defined bed and bank, a lake or a pond, unless a permanent vegetated buffer of at least 35 feet in width is used, to prevent manure runoff into the stream, lake or pond. (2) Within 100 feet of an existing open sinkhole unless a permanent vegetated buffer of at least 35 feet in width is used. (3) Within 100 feet of active private drinking water sources such as wells and springs. (4) Within 100 feet of an active public drinking water source, unless other State or Federal laws or regulations require a greater isolation distance.
The operator and plan writer must decide for each stream, lake, pond or sinkhole, and each associated field the appropriate setback scenario; either a 35-foot buffer or a 100-foot application setback. This must be detailed on the Operator Map. It is unacceptable to submit a NMP or NBS with maps that include both a 35-foot buffer and a 100-foot setback from streams, lakes, ponds and sinkholes.
The guidance provided in the NMP Summary of the Nutrient Management Technical Manual on this issue is as follows:
"The map should only show the chosen setback (either 100 foot or a 35-foot buffer). Maps should be clear as to which setback the operator needs to follow and if both setbacks are chosen for a specific field it will cause confusion."
This guidance also applies to Act 38 Nutrient Balance Sheets utilizing Option 3 - P Index. For NBSs utilizing Options 1 or 2, the manure application setback requirement from streams, lakes and ponds is 150 feet. The 35-foot buffer is not an option.
Following are links on the Nutrient Management Program Website for two setback comparison charts for the various PA programs for your reference:
For additional guidance on this topic please contact the SCC Regional Coordinator that covers the county that you are working in.
