Subpart C - Wetland Exemptions, Mitigation, Restoration, and 



Replacement 



512.21(e) (7) (iv) 



(5) The state conservationist will create a minimal 

 effects committee to review the applications for wetland converted 

 prior to a minimal effect request and evaluation. 



(i) The minimal effects committee will consist of 

 State and Federal agencies with responsibility in wetland 

 protection. 



(ii) Minimal effects determinations will only be 

 granted by the state conservationist if there is consensus by the 

 technical committee that the effects are minimal and FWS agrees. 



(6) Minimal effect determinations where the person can 

 prove the past actions have had only minimal effects on the 

 hydrological and biological characteristics of the wetland will be 

 effective from the date of conversion and continue as long as the 

 MW agreement is followed. 



(7) Minimal effect may be granted for conversions that 

 have already taken place if restoration is applied quickly enough 

 to result in insignificant loss of wetland values and the person 

 can prove to SCS and FWS that the effects are minimal. An 

 exemption for "converted wetlands" that have already been restored ;. 

 may be made by the state conservationist as outlined below: 



(i) Minimal effects will not be considered until 

 the wetland is completely restored as outlined in Appendix 516.13. 



(ii) If restoration is required (Note: mitigation 

 will not be permitted) the restoration actions must take place 

 before the application for minimal effects is processed. The 

 period between the conversion and the complete restoration of the 

 converted wetland will be the period considered for a minimal 

 effect determination. 



(iii) In order for SCS to assess the effects during 

 the period of conversion the person must provide the information 

 listed in appendix 516.20. 



(iv) If the state technical review committee 

 requires additional measures before granting a truly minimal effect 

 (MW) exemption, the person must complete those measures prior to 

 reconsideration of the appeal. The person should restore all 

 values as soon as possible and prior to the first review by the 

 state technical review committee, because a rainfall with runoff 

 might occur while the person is making an application and prior to 

 completely restoring the wetland, that would cause the conversion 

 to have more than minimal effects. 



5' 



512-33 

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



