I 



Sxibpart C - Wetland Exemptions, Mitigation, Restoration, and 



Replacement 



512.28(b) (3) (vii) 



(i) All persons who have a wetland or converted 

 wetland on which conversion began before December 23, 1985, may, by 

 September 19, 1988, request ASCS to make a determination of 

 commencement. Otherwise, the person forfeits the right to have 

 such a determination made in the future. 



(ii) The person must show that the commenced 

 activity has been actively pursued. "Actively pursued" means that 

 efforts to complete the conversion have actively continued on a 

 regular basis since initiation of the conversion, except for delays 

 due to circiimstances beyond the person's control. 



(iii) Any commenced conversion must be completed by 

 January 1, 1995, or the exemption will be lost unless there are 

 justifiable circumstances. 



(iv) Only those wetlands for which the construction 

 has begun or to which the contract or purchased supplies and 

 materials relate may qualify for a determination of commencement. 



(v) ASCS must consult FWS on each commenced 

 determination. 



(vi) Federally assisted projects that convert 

 wetlands or provide outlets to convert wetlands for the production 

 of an agricultural commodity may cause a person to become 

 ineligible for USDA progreun benefits. Federally assisted projects 

 started before December 23, 1985, require a commenced determination 

 from ASCS. In addition to the commenced determination for the 

 project, individuals within the project must request a commenced 

 determination and/or a third party determination on their own land 

 in addition to the commenced determination for the project. 



(vii) SCS will make a technical determination on 

 the extent of the area on which conversion has commenced. The 

 extent of work allowed is limited to the physical extent of work 

 done, contracted for, or materials purchased before 

 December 23, 1985. 



512-47 

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



