15.01.05.03

.03 Program Eligibility — Priority and Geographic Areas for Water Pollution Control.

A. A person who operates a farm in a priority area as designated in this regulation is eligible to apply for financial assistance for one or more projects under the State's cost share program for water pollution control.

B. The following geographic areas within this State are identified by watershed name and watershed segment number because they are likely to contain priority areas for water pollution control:

(1) The following watersheds in the Middle Potomac River Basin:

(a) Double Pipe Creek (02-14-03-04);

(b) Upper Monacacy River (02-14-03-03);

(c) Catoctin Creek (02-14-03-05);

(d) Lower Monacacy River (02-14-03-02);

(e) Direct drainage to the Potomac River between the Monocacy and Shenandoah Rivers (02-14-03-01);

(2) The following watersheds in the Upper Potomac River Basin:

(a) Antietam Creek (02-14-05-02);

(b) Conococheague Creek (02-12-05-04);

(3) The Seneca Creek Watershed in the Potomac River Washington Metro Area (02-14-02-08);

(4) The Deer Creek Watershed in the Lower Susquehanna River Basin (02-12-02-02);

(5) The Sassafras River Watershed in the Elk River Basin (02-13-06-10);

(6) The following watersheds in the Chester River Basin:

(a) Miles River (02-13-05-02);

(b) Wye River (02-13-05-03);

(c) Middle Chester River (02-13-05-09);

(d) Upper Chester River (02-13-05-10);

(7) The following watersheds in the Pocomoke River Basin:

(a) Nassawango Creek (02-13-02-05);

(b) Lower Pocomoke River (02-13-02-02);

(c) Manokin River (02-13-02-08);

(d) Upper Pocomoke River (02-13-02-03);

(e) Dividing Creek (2-13-02-04);

(8) The following watersheds in the Choptank River Basin:

(a) Upper Choptank (02-13-04-04);

(b) Lower Choptank (02-13-04-03;

(c) Tuckahoe Creek (02-13-04-05);

(9) The following watersheds in the Nanticoke/Wicomico River Basin:

(a) Lower Wicomico (02-13-03-01);

(b) Nanticoke River (02-13-03-05);

(c) Marshy Hope Creek (02-13-03-06);

(d) Wicomico Creek (02-13-03-03);

(e) Transquaking River (02-13-03-08);

(10) The South Branch Patapsco Watershed in the Patapsco River Basin (02-13-09-08);

(11) The following reservoir watersheds:

(a) Loch Raven (02-13-08-05);

(b) Prettyboy (02-13-08-06);

(c) Liberty (02-13-09-07); and

(12) All watersheds in the Patuxent River Basin (02-13-11-xx).

C. State Cost Share Funds Shall be Made Available Only in a Priority Area.

(1) A priority area is an area:

(a) Within a geographic area located within 1,000 feet of the surface waters of the State where critical conditions exist;

(b) Within a geographic area located more than 1,000 feet from the surface waters of the State provided a severe agricultural pollution problem exists;

(c) Outside a geographic area located within 1,000 feet of the surface waters of the State where critical conditions exist; or

(d) Outside a geographic area located more than 1,000 feet from the surface waters of the State provided a severe agricultural pollution problem exists.

(2) In determining the existence of critical conditions, the Department shall place emphasis on evidence that water runoff is carrying or has the potential to carry any pollutants from nutrients, sediment, animal wastes, or agricultural chemicals to the waters of the State. In addition, the Department shall consider the following criteria in designating a priority area:

(a) Whether the area has a serious soil loss due to sheet, rill, gully, or wind erosion;

(b) Whether the area has severely eroded soils as designated by erosion symbol 3 in the county soil survey;

(c) Whether the area is designated as a land use capability class IIIe or higher, including all areas in class C slopes or greater, as designated by the county soil survey;

(d) Whether the area is included in a land use capability subclass S, as designated by the county soil survey; and

(e) Whether critical conditions exist near the surface waters of the State.

(3) The following documents are incorporated by reference. They are available for review at each soil conservation district office. These documents are:

(a) Soil Survey of Allegany County;

(b) Soil Survey of Anne Arundel County;

(c) Soil Survey of Baltimore County;

(d) Soil Survey of Calvert County;

(e) Soil Survey of Caroline County;

(f) Soil Survey of Carroll County;

(g) Soil Survey of Cecil County;

(h) Soil Survey of Charles County;

(i) Soil Survey of Dorchester County;

(j) Soil Survey of Frederick County;

(k) Soil Survey of Garrett County;

(l) Soil Survey of Harford County;

(m) Soil Survey of Howard County;

(n) Soil Survey of Kent County;

(o) Soil Survey of Montgomery County;

(p) Soil Survey of Prince George's County;

(q) Soil Survey of Queen Anne's County;

(r) Soil Survey of St. Mary's County;

(s) Soil Survey of Somerset County;

(t) Soil Survey of Talbot County;

(u) Soil Survey of Washington County;

(v) Soil Survey of Wicomico County; and

(w) Soil Survey of Worcester County.

D. A landowner who engages in an agricultural operation is eligible to receive cost share assistance for the preparation and the implementation of a nutrient management plan project provided that landowner is a State-certified nutrient management consultant or uses technical assistance from a private State-certified and licensed nutrient management consultant.

E. Any nutrient management plan project shall comply with the following:

(1) If the person is using commercial fertilizer, as defined by Agriculture Article, §6-201(f), Annotated Code of Maryland, the plan shall be based on both nitrogen and phosphorus as limiting nutrients; or

(2) If the person is using animal manure, the plan:

(a) May be based on nitrogen as the only limiting nutrient if developed before July 1, 2004; and

(b) Shall be based on phosphorus as the limiting nutrient in accordance with COMAR 15.20.07.

F. A person receiving cost share assistance for nutrient management plan development shall implement the plan in accordance with deadlines set forth in COMAR 15.20.07.04.