Subpart E - Maintenance and Improvements 



I SUBPART E - MAINTENANCE AND IMPROVEMENTS 



512.40(a) (2) (ii) (B) 



C512.40 Maintenance and improvement of drainage. 



Maintenance and improvement of drainage refers to the modification or 

 manipulation of hydrology on farmed wetlands and/or farmed wetland 

 pastures. These off site modifications, such as roads, terraces, 

 ponds, etc., that may affect the wetland, need to be included in the 

 scope and effect determinations. 



(a) Persons may maintain drainage systems on farmed wetlands and 

 farmed wetland pastures in the same manner as they did prior to 

 December 23, 1985, without loss of USDA benefits as long as such 

 actions do not bring additional wetland into production. The scope 

 and effect of the original drainage system is the major consideration. 

 These conditions apply: 



(1) The person is responsible for providing data to support 

 the existence of a prior drainage system and the extent of the system. 



(2) SCS will docximent the prior or existing extent of 

 drainage on farmed wetlands and farmed wetland pastures when wetland 

 determinations are made. As long as the area has not been eibandoned, 



I the original scope and effect of drainage are to be documented. In 

 * cases where staff hours are not available to document the scope and 

 effect on all farmed wetlands and farmed wetland pastures at the time 

 the initial determination is made, the documentation may be delayed 

 beyond December 31, 1991. Priorities for docximentation will be as 

 follows: 



(i) All areas where the person's appeal relates to a 

 farmed wetland or farmed wetland pasture determination. 



(ii) All areas where the person plans to do 



maintenance. 



(A) The person must indicate on Form AD-1026 if 

 he/she intends to perform maintenance on existing drainage systems. 



(B) If the person indicates such intent, ASCS 

 will forward the AD-1026 to SCS. The district conservationist will 

 review the person's file. 



512-57 

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



