15.20.01.03

.03 General Requirements.

A. Required Plans.

(1) For any project constructed or reconstructed before the effective date of this chapter, the following apply:

(a) All associations which operate and maintain a project shall submit to the Secretary for approval:

(i) Within 1 year of the effective date of this chapter, an inspection report for the project detailing the conditions of the association's drainage system, and

(ii) Within 5 years of the effective date of this chapter, an operation and maintenance plan for the project and an implementation schedule of needed corrective maintenance and repairs to the project;

(b) Until such time that an operation and maintenance plan for the project is approved by the Secretary, an association shall perform needed maintenance to the project in an environmentally sound manner;

(c) An association shall operate and maintain a project according to the operation and maintenance plan for the project approved by the Secretary;

(d) If an association intends to perform any project maintenance not addressed in an existing operation and maintenance plan for a project approved by the Secretary, the association shall obtain the written approval of the Secretary, except that an association may make immediate corrective repairs to a project when necessary;

(e) The Secretary shall make the final determination whether any proposed activity on a project is maintenance or reconstruction.

(2) For any project constructed or reconstructed after the effective date of this chapter, the following apply:

(a) Before constructing or reconstructing a project, an association shall have a construction or reconstruction plan and an operation and maintenance plan for the project approved by the Secretary;

(b) An association shall construct or reconstruct, operate and maintain a project according to the construction or reconstruction plan and the operation and maintenance plan for the project approved by the Secretary;

(c) If an association intends to perform any project maintenance not addressed in a existing operation and maintenance plan for the project approved by the Secretary, the association shall obtain the written approval of the Secretary, except that an association may make immediate corrective repairs to a project when necessary;

(d) The Secretary shall make the final determination whether any proposed activity on a project is maintenance or reconstruction.

B. Land Use Requirements.

(1) Before any project's construction or reconstruction plan is approved:

(a) All of the association's taxable cropland acreage in a proposed project shall be under a:

(i) Current, not more than 10 years old, soil conservation and water quality plan; or

(ii) Signed cooperator's agreement.

(b) If any landowner refuses to comply with §B(1)(a), the Secretary may:

(i) Waive the requirement of §B(1)(a) for those uncooperative landowners in a proposed project; and

(ii) Not waive this requirement for more than 20 percent of the association's taxable cropland acreage.

(2) Those BMPs necessary to minimize non-point source water pollution shall be implemented on the cropland acreage within a proposed project.

(3) Soil conservation and water quality plans for farms within a proposed project shall be implemented, if possible, according to a timetable established by the soil conservation and water quality plan.