Nutrient Balance Sheets Developed for Act 49 Received by Conservation Districts

Regarding Nutrient Balance Sheets from Manure Brokers, the Nutrient Management Administrative Manual states:

All manure exported off an Act 38 participating farm for land application, including a CAFO or a volunteer, is required to have NBSs outlining the proper application of the manure on the importing farms. An NBS must be part of the exporter’s Act 38 NMP and must be provided to the importing operation identified in the NMP where land application will occur. A certified Act 38 commercial NMS is authorized to develop NBSs for the exporter to give to the importer to meet Act 38 requirements. However, if manure is being exported through a broker, the broker is responsible to make sure NBSs are provided to the importing farm where manure will be land applied by the time the manure is transferred. This is a requirement under both Act 38 and Act 49.

All Act 49 NBSs that are received from a Manure Broker or, from certified Nutrient Management Commercial Specialist on behalf of a Manure Broker, are to be entered into the PracticeKeeper database if the district is the importing county and then placed in the appropriate landowner’s or operator’s file. If the district is the exporting county, the NBS only needs to be placed in the appropriate Act 38 file. Exporting county Act 49 NBSs are not to be entered into the PracticeKeeper database. However, the State Conservation Commission (SCC) recommends keeping a separate log of all NBSs received that are considered exporting county. Districts are also directed to review at least 10% of all importing county Act 49 NBSs that are received, although the SCC recommends that districts review more if time and resources allow. The district must also complete and send a letter to the submitter of the NBS acknowledging receipt of the NBS. A standard letter acknowledging an NBS can be found in Chapter 6 of the NM Administrative Manual. If a review was performed and technical issues needing addressed are identified, a letter requesting those corrections should be sent to the certified person who wrote the NBS. A standard letter for the technical review requesting corrections is also found in Chapter 6 of the NM Administrative Manual. Please review Chapter 2, Section V of the NM Administrative Manual for additional guidance regarding NBSs received from Manure Brokers.

Districts can take certain steps to help make sure that Manure Brokers and Nutrient Management Commercial Specialists are submitting NBSs appropriately. First, make sure that any approved Act 38 Nutrient Management Plans (NMP) that contain brokered manure have had NBSs submitted to the district and that the NBSs are no more than 3 years old. For example, if during the status review for an NMP, the operator shows records indicating of exporting manure to their planned certified Manure Broker, but the district has not received any NBSs, then the district should contact that Manure Broker and inform them the NBS needs to be submitted to the district. A second step a district can take is if an NBS is received, confirm with the NBS submitter that a separate copy of the NBS has been sent to the importing or exporting county conservation district.

If you have any questions regarding the appropriate procedures for Act 49 Nutrient Balance Sheet submissions, please contact you SSC Regional Coordinator.