Attachment1_SOW_Wetland_Delineations_09132016.pdf

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Statement of Work South Carolina NRCS

Field Data Collection for Wetland Conservation Delineations and Determinations

All work must be completed by August 31, 2017 and deliverables submitted to Kamara Holmes, State Soil Scientist, USDA – NRCS, 1835 Assembly Street, Room 950 Columbia, SC 29201.

The USDA NRCS South Carolina State Office is in need to have up to 1500 acres of wetland delineation and determinations completed in accordance to this Statement of Work. This agreement will result in approximately 1500 acres of wetland delineation and determination. Individual wetland determinations will range in size from less than 1 acre to more than 180 acres. Based on 2016 data; the average size of wetland determination requests are 31.2 acres and the median size is 46.2 acres. The work is located in South Carolina and estimated to include work in these counties:

County Estimated Workload

Clarendon 8 Darlington 20 Dillon 7 Horry 21 Lancaster 5 Laurens 1 Marlborough 3 Orangeburg 11 Sumter 11 Union 1 Lee 1 Georgetown 1 Hampton 1 Bamberg 1 Anderson 3 Dorchester 1 Florence 4

Wetland delineations may be needed in other counties of South Carolina not listed above.

These deliverables apply to on-site field investigations for Preliminary Technical Determinations for Wetland Conservation issued by South Carolina NRCS.

INVESTIGATION

NRCS will provide:

• Electronic files arranged by County for each Tract to be investigated

• Field location information (tract number, location map, project area map)

• Historic aerial imagery (1979 – 1999), as available

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• Name, address and contact information for client

Contractor will conduct:

• Arrange on-site field investigation with landowner/operator prior to visit

• Follow Army Corp of Engineers Routine methods for on-site delineation of wetland boundaries

• Make determinations in accordance with the Food Security Act of 1985 and the Clean Water Act

• Use the current version of the appropriate Regional Supplement data sheets

• Locate project area and determine if typical situation exists

DOCUMENTATION to provide NRCS:

• Record keeping using appropriate supplement data sheets

• On a base map, identify each sampling point

• Determine whether normal conditions are present

• Identify plant communities and determine if they are a dominant species by using the 50/20 rule for Hydrophytic Vegetation. Complete the Dominance Test Worksheet. If required by the results of the Dominance Test, complete the Prevalence Index Worksheet.

• Identify plant communities and use the appropriate Hydrophytic Vegetation Indicators (Indicator 1, Indicator 2, or Indicator 3) as described in the supplements. Certain problematic wetland situations may lack any of these indicators. In these cases the procedure for Problematic Hydrophytic Vegetation as described in the supplements will be utilized

• Use the National Hydrophytic Vegetation List for South Carolina.

• Determine whether wetland hydrology is present or absent

• Record indicators of wetland hydrology

• Submit at least one wetland/non-wetland data sheet pair for each wetland type present (i.e.

depressional, drainage way, floodplain, broad flat, etc.). For complex wetland situations, more than one data sheet pair may be required for each wetland type. This will be determined on a case by case basis in conjunction with NRCS.

• Record soil profile and characteristics on data sheets

• Determine if a hydric soil exists

• Use Field Indicators for Hydric Soils (current version)

• Delineate the wetland boundary and create geospatial dataset using GPS; Sample additional soil sites as needed to establish boundary

• The geospatial boundary dataset must be in the form of an ESRI polygon shape file projected to

UTM, (predominant zone), NAD83.

• On a base map, record each sampling point as wetland (W) or non-wetland (NW) and the acreage of each.

• Combine wetland units as appropriate for final map.

FINAL REPORTING

Deliverables:

• Prepare delineation report packet for each Wetland Determination Site: (submit electronic files and geospatial data compatible with ArcGIS)

• Memo style cover letter (template provided below)

• Site location ii. Ownership

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• Personnel involved

• Summary of site (topography, vegetation, water features)

• Dates of field work

• Regional Supplement sheets completed with results of vegetation, soil, and hydrology sampling according to routine methods for on-site delineation of wetland boundaries.

• Locate by drawing on map the wetlands and non-wetlands boundary(s)

• Provide GPS polygon Shape File(s) compatible with ArcGIS.

• Provide site photographs and photo log with description of each photograph that support field data sheet findings.

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TEMPLATE SAMPLE COVER LETTER TO PRESENT FINAL REPORTING DELIVERABLES

Wetland Determination Report Subject: Wetland Conservation Determination

Date:

To: (Choose the appropriate NRCS RSS to forward data to)

Randy Fowler, NRCS Resource Soil Scientist:

randy.fowler@sc.usda.gov

Steve Herriman, NRCS Resource Soil Scientist:

steve.herriman@sc.usda.gov

Emory Holsonback, NRCS Resource Soil Scientist emory.holsonbach@sc.usda.gov

From: (list personnel involved in site delineation)

Site Information:

County:

Farm Number:

Tract Number:

Owner/Operator Name:

Summary of wetland delineation activities and findings:

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Conservation Cooperator Acknowledgement

NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

UNITED STATES DEPARTMENT OF AGRICULTURE (USDA)

ACKNOWLEDGMENT OF SECTION 1619 COMPLIANCE

Purpose and Background

The purpose of this Acknowledgment of Section 1619 compliance (hereinafter “Acknowledgment”) is to require acknowledgment by (Insert Cooperator Name) of the requirements of Section 1619 of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill), which prohibits disclosure of certain information by the Department of Agriculture (USDA) and its cooperators. (Insert Cooperator Name) assists NRCS in the delivery of conservation-related services (for example, services that sustain agricultural productivity, improve environmental quality, reduce soil erosion, enhance water supplies, improve water quality, increase wildlife habitat, and reduce damages caused by floods and other natural disasters) or with monitoring, assessing, or evaluating of conservation benefits from USDA conservation programs under a Federal contract. Those individuals or organizations (governmental or nongovernmental) that assist NRCS with providing conservation-related services are known as NRCS Conservation Cooperators.

NRCS Conservation Cooperator

As an NRCS Conservation Cooperator, (Insert Cooperator Name) is authorized access to otherwise-protected agricultural information. Such protected information must be strictly limited to only that information necessary for (Insert Cooperator Name) Disclosure to (Insert Cooperator Name) can include receiving the protected information either 1) directly from NRCS; 2) directly from the producer or owner as part of the process required to enable a producer or owner to participate in a USDA program; or 3) in another manner with the producer’s permission.

Section 1619 of the 2008 Farm Bill

Section 1619 of the Food, Conservation, and Energy Act of 2008 (Exhibit 1) (hereinafter “section 1619” provides that USDA, or any “contractor or cooperator” of USDA, “shall not disclose—(A) information provided by an agricultural producer or owner of agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself, in order to participate in the programs of the Department;

or (B) geospatial information otherwise maintained by the Secretary about agricultural land or operations for which information described in subparagraph (A) is provided.” USDA may disclose protected information to a USDA cooperator when such cooperator is “providing technical or financial assistance with respect to the agricultural operation, agricultural land, or farming or conservation practices” if USDA determines that the protected information will not be subsequently disclosed, except in accordance with the exceptions contained in Section 1619. (Insert Cooperator Name) is a “contractor or cooperator” of USDA within the meaning of Section 1619. Accordingly, (Insert Cooperator Name) may not subsequently disclose any information protected by section 1619. By signature on this Acknowledgment, (Insert Cooperator Name) is certifying future compliance with the statutory obligations under Section 1619. Upon execution of this Acknowledgment, NRCS may continue to provide to (Insert Cooperator Name) the protected information provided under a Federal contract.

Responsibilities

(Insert Cooperator Name) (hereinafter the “Conservation Cooperator”) certifies that:

• Signature on this Acknowledgment indicates acknowledgment and understanding that the Conservation Cooperator is legally bound by Federal statute to comply with the provisions of Section

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1619 and that the Conservation Cooperator will not subsequently disclose information protected by section 1619 to any individual or organization that is not directly covered by this Acknowledgment.

Any such subsequent disclosure of the protected information (except as permitted under Section 1619) will be considered a violation of Section 1619. The Conservation Cooperator will be held responsible should disclosure of the protected information occur.

• Signature on this Acknowledgment legally binds every owner, manager, supervisor, employee, contractor, agent, and representative of the Conservation Cooperator to comply with the provisions in Section 1619. The Conservation Cooperator must consult with NRCS prior to providing protected information to an entity or individual outside of the Conservation Cooperator and as necessary to implement the program to ensure that such release is permissible.

• The Conservation Cooperator will use the protected information only to perform work that is directly connected to Wetland Delineation and Determinations. Use of the protected information to perform work that is not directly connected to Wetland Delineation and Determinations is expressly prohibited.

• The Conservation Cooperator must internally restrict access to the protected information to only those individuals who have a demonstrated need to know the protected information in order to perform the Wetland Delineations and Determinations.

• The provisions in Section 1619 are continuing obligations. Even when the Conservation Cooperator is no longer an NRCS Conservation Cooperator, or when individuals currently affiliated with the Conservation Cooperator become no longer so affiliated, every person having been provided access to the protected information will continue to be legally bound to comply with the provisions of this Acknowledgment.

• The Conservation Cooperator must notify all managers, supervisors, employees, contractors, agents, and representatives about this Acknowledgment and the requirements of Section 1619. For the duration of this Acknowledgment, notifications about the existence of this Acknowledgment must be made to those individuals who are new to the organization and periodic notifications must be sent throughout the organization (as well as to all contractors and agents) to remind all about the ongoing and continuing requirements.

• When the Conservation Cooperator is unsure whether particular information is covered or protected by Section 1619, the Conservation Cooperator must consult with NRCS to determine whether the information must be withheld.

• This Acknowledgment is nontransferable and may not be bought, sold, traded, assigned, extended to, or given free of charge to any other individual or organization not directly covered by this Acknowledgment.

• Use of the protected information for any purpose is expressly prohibited when an individual or organization is no longer an NRCS Conservation Cooperator. When the Conservation Cooperator is no longer an NRCS Conservation Cooperator, any protected information provided under this Acknowledgment must be immediately destroyed or returned to NRCS. The Conservation Cooperator must provide to NRCS written certification that the protected information (paper copy, electronic copy, or both) has been properly destroyed, removed from any electronic storage media, or both.

Protected Information

An example of the type of information prohibited by disclosure under Section 1619 includes, but is not limited to, the following:

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• State identification and county number (where reported and where located).

• Producer or landowner name, business full address, phone number, Social Security Number, and similar personal identifying information.

• Farm, tract, field, and contract numbers.

• Production shares and share of acres for each Farm Serial Number (FSN) field.

• Acreage information, including crop codes.

• All attributes for Common Land Units (CLUs) in USDA's Geospatial Information System

• Any photographic, map, or geospatial data that, when combined with other maps, can be used to identify a landowner.

• Location of conservation practices.

Section 1619 allows disclosure of “payment information (including payment information and the names and addresses of recipients of payments) under any Department program that is otherwise authorized by law” (emphasis added). The names and payment information of producers generally may be provided to the public;

however the Conservation Cooperator shall consult with NRCS if there is any uncertainty as to the provision of such information.

Section 1619 also allows disclosure of otherwise protected information if “the information has been transformed into a statistical or aggregate form without naming any—(i) individual owner, operator, or producer; or (ii) specific data gathering cite.” The Conservation Cooperator must consult with NRCS as to whether specific information falls within this exception prior to relying on this exception.

Violations The Conservation Cooperator will be held responsible for violations of this Acknowledgment and Section 1619. A violation of this Acknowledgment by the Conservation Cooperator may result in action by NRCS, including termination of the underlying Federal contract.

Effective Period This Acknowledgment will be in effect on the date of the final signature and continues until NRCS notifies the Conservation Cooperator that the Acknowledgment is no longer required based on changes in applicable Federal law.

Signature of the NRCS Conservation Cooperator and the Date Signed

Executed this ________day of ___________, 20