Part 512 - Wetland Conservation 



512.22(b) (5) (ii) 



(ii) Mitigated wetlands cannot be used without the 

 written consent and agreement to maintain by the entity responsible 

 for their creation or restoration. 



(ill) If off-farm wetlands are used for mitigation, 

 a comprehensive wetland evaluation system must be developed and 

 used to document that restored or created wetlands fully compensate 

 for the biological and hydrological values of converted wetlands. 



(A) Regional mitigation banks may be outside 

 the local watershed, but must be within the general region that 

 provides equivalent wetland values. 



(B) The mitigation bank must be within the 

 state. Exceptions require approval of the Deputy Chief for 



Progreims. 



(iv) The mitigation agreement information must 

 state that local, state, and other federal permits may be required 

 prior to construction. Note that mitigation agreement relates to 

 FSA only. 



(V) A monitoring system must be developed by the 

 state conservationist to ensure that off-farm mitigation measures 

 are being fully implemented annually. 



(vi) A tracking system must be developed by the 

 state conservationist to ensure that converted wetlands are tied to 

 specific mitigated wetlands in the bank with the same wetland 

 values and acreage. 



(vii) The third party providing the mitigated 

 wetlands must sign the mitigation agreement and agree to maintain 

 the subject lands according to conditions outlined. 



(viii) SCS will annually review third party 

 restored mitigation sites. If the third party fails to meet the 

 conditions of the agreement, withdraw the exemption from the 

 wetland that was converted and label the area CW + year. 



512-36 



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



