Subpart C - Wetland Exemptions, Mitigation, Restoration, and 



Replacement 



I 512.27(b) 



(d) Approval of restoration plan ; If ASCS determines that the 

 violation was in Good Faith, SCS and FWS will approve a developed 

 plan to restore the wetland basin to its pre-conversion condition. 

 Plans will be developed within 90 days after ASCS sends AD-1069 to 

 SCS. See Section 512.27 for detail on content of restoration plan; 

 also, all requirements stated in 512.24 apply. 



(e) . Determination . When the person is actively restoring the 

 wetland, the converted wetland plus year (CW+year) will be changed 

 to "GFW+year" (Good faith, plus the year the wetland was 

 converted) . Persons may plant on the GFW area under natural 

 conditions if the wetland area was farmeible under natural 

 conditions prior to conversion and planting activities would not 

 reduce or impair the restoration structures or improvements 

 required in the restoration plan. The person would not be eligible 

 for another Good Faith exemption for a 10-year period from the time 

 of the "GFW" determination. If the person violates the restoration 

 agreement, or fails to install restoration measures as planned, the 

 "GFW" determination will be removed and replaced with a "CW" plus 

 year that the person failed to meet the restoration requirements. 

 If the wetland was converted after November 28, 1990, the person 

 will be ineligible for all USDA program benefits until the wetland 

 is restored to conditions that existed prior to conversion. 



I (f) Notifying ASCS . Notify ASCS when the wetland has been 

 fully restored according to the agreement. 



<512.27 Restoration plans. 



Conversion of wetlands usually involves the loss of wetland 

 functions and values; therefore, restoration means the full 

 recovery of all lost values and functions. 



(a) Under the good faith exemption, SCS and FWS will develop a 

 restoration plan that fully restores all of the converted wetlemd's 

 lost functions and values that have been lost as a result of 

 conversion. Plans will be developed within 90 days after ASCS 

 notifies SCS that the producer is eligible for a good faith 

 exemption. The plan will include the restoration of hydrology and 

 hydrophytic vegetation to its pre-conversion condition. 



(b) SCS and FWS will approve restoration plans that fully 

 restore all of the converted wetland 's functions and values that 

 have been lost as a result of conversion activity. 



512-43 

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



