Part 512 - Wetland Conservation 



512.18(g) 



(a) If the person has taken no actions to convert the wetland, 

 label the area wetland and all USDA policies apply . 



(b) Obvious wetlands will not be exempt. 



(c) If wetlands have been converted as the result of good 

 faith reliance upon misinformation from SCS or if conversion has 

 commenced before the person receives the corrected determination, 

 the person shall be granted relief for the actions taken based on 

 the incorrect determination. Any further conversion activities 

 would result in a loss of benefits unless the action were 

 determined to have minimal effect. 



(d) The state conservationist must approve relief granted for 

 actions taken because of incorrect determinations by SCS in 

 consultation with FWS. The documentation provided by the field 

 office and reviewed by the area office must include a reviewable 

 record, consisting of: 



- Data supporting incorrect information provided to person. 



- Date conversion was started. 



- Date conversion was completed. 



- Total cost of conversion. 



- Total amount spent on conversion as of date correct 

 determination was provided to a person. 



- Explanation of the events and circvimstances leading to the ' 

 error. 



- Statement of actions taken to correct the error and prevent 

 reoccurrences . 



- Dociimentation of FWS consultation. 



(e) If a small investment was made to convert the area, the 

 person shall not be considered in violation for past actions, but 

 will not be permitted to plant agricultural commodities on the area 

 in the future unless the wetland is restored. 



(f) If a substantial investment was made to convert the 

 wetland, label the area "CWTE" (converted wetland technical error) , 

 and permit the person to plant agricultural commodities and 

 maintain existing drainage in the future. Any additional 

 conversion of the area would result in a loss of benefits unless 

 the action were determined to be minimal. 



(g) If an agricultural commodity is planted or the action 

 related to the conversion of a wetland takes place after SCS 

 informs the person of the error, or if the person knew or should 

 have known that the determination was in error, no exemption is 

 allowed. 



512-24 



(180-V-NFSAM, Second Ed., Amend. 6, May 1991) 



