Part 512 - Wetland Conservation 



512.24(e) 



(e) Restoration plan must be approved by SCS with agreement of 

 FWS. If the DC and FWS cannot agree on the restoration plan at the 

 local level, the decision will be referred to the state 

 conservationist. The state conservationist may approve the 

 restoration plan in consultation with a representative of FWS. If 

 SCS and FWS do not agree on the restoration plan at the state 

 level, the state conservationist may approve the plan, but will 

 report the lack of agreement to the Director of the Conservation 

 Planning Division within 30 days and send a copy to the NTC. FWS 

 will report the lack of agreement to their national office. 



t512.25 Replacement of wetland values (RPW) . 



(a) An agreement to replace lost wetland values at another 

 site can be made for non- frequently cropped wetlands if the 

 proposed replacement values are as good as or better than the 

 values that would be lost due to the conversion. The effective 

 date of the replacement agreement is stated in the agreement and 

 will not be before the agreement is signed by SCS, FWS, and the 

 person. Replacement cannot be used retroactively to have past lost 

 benefits restored. Replacement can only be used to permit a person 

 to farm a converted wetland in future years as outlined in the 

 agreement. Replacement can be used under some very limited 

 conditions. Inform the person that 404 and other Federal, state, 

 and local permits may be required. All replacements must be 

 accomplished according to the following guidelines: 



(1) All of the conditions and requirements for 

 mitigation in 512.22 must be met. In addition: 



(2) The replacement area must be on the same farm; 

 wetland banks are not to be used; 



(3) the area converted does not have to be frequently 

 cropped or to have been converted between December 23, 1985, and 

 November 28, 1990. 



(4) Replacement of wetlands not frequently cropped will 

 be used only where the purpose of the conversion is not solely the 

 increase of production of an agricultural commodity on the 

 converted wetland, such as where removal of woody vegetation will 

 allow center pivot systems to function. Replacement cannot be 

 used for the squaring-off of comers of fields or for convenience 

 of operating large equipment. 



512-40 



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



