Nitrates and Cross Compliance

Hedges: All farmers should note that the Department of Agriculture has deemed hedgerows to be wildlife features on farms and as such, you cannot remove a hedge on farms, even if you are not in REPS. Slurry storage: When checking slurry storage on farms, the department inspector will measure all available storage facilities and will cross check the CMS system the following spring to assess the stock numbers during the winter period and calculate the storage requirements from the average stock numbers that were actually on the farm for the winter period. Stocking rate and TB: Occasionally a farmer can be locked up with TB and unable to sell stock. TB is looked on by the department as possible force majeure; but only if the TB affects traditional practices (if a farmer normally sells cattle in October but is locked up from September to end of year); then due to TB the farmer was unable to sell stock as in the previous year. If a farmer traditionally is under 170kg and gets locked up with TB and is unable to sell stock and exceeded 170kg livestock manure N and did not apply for derogation, this is acceptable and TB can be used as a reason for force majeure. If a farmer traditionally is under 170kg and gets locked up with TB and exceeded 170kg livestock manure N and did not apply for derogation, and the farmer could have but did not reduce stock numbers after the herd was cleared of TB, then TB cannot be used as a reason for force majeure where the farmer did not attempt to sell stock when the herd was TB free. Farmers who are traditionally >170 due to TB, have to apply for a derogation on a yearly basis. If a farmer traditionally is under 250kg and gets locked up with TB and is unable to sell stock and exceeded 250kg livestock manure N and did not apply for derogation, this is acceptable and TB can be used as a reason for force majeure. Gutters: By law, any local authority (ie county council) person in your yard is obliged to report any defective guttering if clean water is flowing into soiled water areas, so keep your gutters and downpipes in good repair. Derogation farmers and records: During the last week in November, the Department of Agriculture contacted a lot of high-stocking-rate farmers who had applied for derogations in 2007, stating that the farmer had exceeded his or her maximum allowed chemical fertiliser levels in 2007. This is important for two reasons, firstly that it reminds farmers to be vigilant about records and levels of fertiliser use and secondly that the Department are now getting around to looking at the derogation records for the first derogation year (in other words, they have not been looked at too closely until now). In most cases, it was chemical phosphorous that was at issue. The Department has announced that anyone who applied for a derogation this spring cannot cancel his derogation application next January when he discovers he is under 170 kg organic N per ha; in other years, farmers could cancel if they didn't need the derogation and not have to send in a record of fertiliser used have to submit records. All farmers who applied for a derogation in 2007 have to submit soil sample results within four years, ie by 2010. If your advisor doesn't mention it, remind him of her. Soil samples are required for each block of land with 5 ha max in each box. Conacre that is farmed every year have to be soil sampled too. Every farmer who applied for a derogation in 2009 have to submit fertiliser records (including all receipts or certified copies of receipts) for concentrates and fertiliser- this is new); for 2009 by March 1, 2010. All derogation farmers who apply for a derogation in 2010 have to submit a 2010 fertiliser plan, soil sample reports and associated maps before the 1st March 2010; before this you had to have the plan prepared and on the farm available for inspection, but the plan did not need to have soil samples or to be sent off to the Department. Note that if you have a derogation plan and make any major changes to your farming system (eg area or stock changes), the plan have to be amended within 7 days. Nitrates folder: All farmers should keep a folder for Nitrates and should keep in it: • Maps of land, eg copies of area aid photos. Mark on the map any points where water is sourced for human consumption, e.g. a well or lake used by a number of houses or a group scheme. • Map of farmyard, including size of slurry tanks • Copies of receipts or dockets for meal and fertiliser (the originals should be kept in the tax folder) • Any fertiliser or slurry plans • Any nitrates correspondence, e.g. the recent herd profile showing your 2007 stocking rate • Any soil test results • Any records of slurry movements onto or off farm Having gone through fertiliser records for lots of farmers, it seems that the biggest problem on Cavan farms is too much P fertiliser is still being used, mainly as 18:6:12, Cut Sward and Pasture Sward. Many farms have reduced the amount of P fertiliser being used since 2007.