Part 512 - Wetland Conservation 



512.21(d) 



If FWS does not agree, follow procedures in (c) (1) of this section. 

 If the DC determines that a minimal effect determination is not 

 appropriate, the data will not be forwarded to the STC, and the 

 person's only recourse is through the SCS appeals process. Minimal 

 effect determinations where effects are minimal on the hydrological 

 and biological values of the wetland without future restoration or 

 mitigation will be effective from the date of the action that 

 caused the conversion, and as long as the minimal effects agreement 

 is followed. Wetlands having such minimal effect determinations 

 are considered exempt. 



(e) Procedures for making a minimal effect dete rmination - 

 Post approval. If a person converts a wetland after December 23, 

 1985, and then seeks a determination that the effect of the 

 conversion is minimal, the burden of proof is on the person to 

 demonstrate to the satisfaction of SCS that the effects were 

 minimal. 



(1) Do not make an onsite minimal effect environmental 

 evaluation for wetlands converted after November 28, 1990, or for 

 converted wetlands on which an agricultural commodity was planted 

 after December 23, 1985. 



(2) Provide the person a copy of the SCS evaluation form 

 and sections of this manual relating to minimal effect. 



(3) The person must document pre-conversion conditions, 

 date of conversion, conversion action, weather conditions prior to 

 and since the conversion, and other details needed to permit SCS to 

 evaluate the effects of the conversion. Exhibit 516.20 is a list 

 of information that the person must provide. 



(4) Forward the person's docximentation (and restoration 

 plans, if needed) through the area office to the state office. No 

 consultation with FWS will be made and no decision will be made at 

 the field office level. 



512-32 



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



