Subpart C - Wetland Exemptions, Mitigation, Restoration, and 



Replacement 



512.21(d) 



(2) The district conservationist may approve minimal 

 effect agreements: 



- For proposed conversions which have not yet been 

 manipulated, and 



- Do not require the removal of woody vegetation, and 



- Have been signed by FWS. 



(c) Requirements , 



(1) FWS agreement . SCS will consult with Fish and 

 Wildlife Service (FWS) on each minimal effect determination. The 

 SCS district conservationist and FWS will complete the minimal 

 effect evaluation form for each site. If SCS and FWS do not agree 

 at the field office level, refer the decision to the state 

 conservationist, who will make a decision in consultation with FWS. 

 The state conservationist will report to the Director of the 

 Conservation Planning Division all decisions made at the state 

 level without concurrence of FWS at the local level. The local FWS 

 will report to their National office when agreement cannot be made 

 with SCS at the local level. 



(2) Area of consideration for minimal effect . In making 

 minimal effect determinations, the environmental evaluation will 

 assess the effects of the conversion on the wetland as well as the 

 cumulative effect of the conversion on other wetlands in the area 

 that will be affected. 



(3) Violations . If a person violates the minimal effect 

 agreement, the minimal effects exemption is withdrawn and the area 

 becomes a "converted wetland". 



(4) Agreement . A minimal effect determination is 

 granted only after the person agrees to and signs the minimal 

 effect agreement (Exhibit 516.12) if there are future requirements. 

 If there are no futiire requirements, SCS may grant a minimal effect 

 determination by signing the evaluation form with FWS and noting 

 that the determination was granted with no future requirements. 



(d) Procedures for making a minimal effect determination - 

 Prior approval . If the conversion has not occurred, the district 

 conservationist will process a request for a minimal effect 

 determination by completing an on-site environmental evaluation 

 using the procedures in Section 516.13. Conduct minimal effect 

 evaluations only if requested by the person prior to the beginning 

 of activities that would convert the wetland except as noted in 

 (e) (7) below. If, after completing the evaluation, it is 

 determined that a minimal effect determination is appropriate, the 

 DC may make a minimal effect determination with agreement from FWS. 



512-31 

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



