Part 512 - Wetland Conservation 

 512.50(c) 

 (512.51 Compliance with other wetland protection policies. 



(a) Some wetlands, such as prior converted cropland, 

 artificial wetlands, irrigation-induced wetlands, commenced 

 conversions, minimal effect wetlands, and farmed wetlands 

 are exempted, either totally or in part, from the wetland 

 conservation provisions of FSA. However, these wetlands may 

 still be subject to other local, state and Federal wetland 

 protection policies. Persons who indicate that they plan to 

 manipulate wetlands that are exempted, totally or in part, 

 from FSA must be informed that exemptions do not necessarily 

 apply to other local, state, and Federal wetland protection 

 policies, and therefore a permit or other approval may be 

 required prior to taking action that would affect the 

 wetland. 



(b) Prior to providing any type of SCS assistance that 

 could assist a person in manipulating a wetland, a wetland 

 determination will be made and placed in the person's case 

 file. SCS will not provide assistance to persons that will 

 knowingly cause a person to violate the wetland provisions 

 of FSA. --, . 



(c) Where minimal effect, restoration, or replacement 

 have been proposed or completed, inform the person that such 

 activities may require a Section 404 permit. 



(d) For cropped areas that have previously been 

 designated as prior converted croplemd or farmed wetland by 

 the SCS, the SCS will provide such determinations to the 

 Corps of Engineers (COE) upon request. Where PCs have not 

 been delineated, it is not necessary to make additional 

 delineations for COE use. For those cropped areas that have 

 not been designated prior converted cropland or farmed 

 wetland by the SCS, the SCS will make the appropriate data 

 available to the COE for making a determination of prior 

 converted cropland or farmed wetland for Section 404 

 purposes. 



(e) Although every effort should be made at the field 

 level to resolve COE/SCS differences in opinion on the 

 proper designation of wetlands, the SCS will make the final 

 determination as it relates to FSA. Where the COE and SCS 

 fail to agree on designation of prior converted cropland or 

 farmed wetlands, the case should be documented and a copy of 

 the documentation forwarded to SCS National Headquarters, 

 Conservation Planning Division. 



512-66 

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



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