516.22 



§516.22 Standard easement (continued). 



5 



and related activities, or (5) diverting or affecting the natural 

 flow of surface or underground waters into, within, and out of the 

 easement area. The landowner shall have the right to carry on 

 farming practices such as grazing, hay cutting, plowing, working and 

 cropping the Easement Area when it is dry of natural causes. ) 



[ The vegetation or hydrology of the Easement Area will not be altered 

 through: (1) cultivation; [(2) cutting or mowing;) [(3) grazing;] ^ 

 (2) harvesting wood products; (3) burning; (4) placing of refuse, 

 wastes, chemicals, sewage, or other debris, (5) draining, dredging, 

 channeling, filling, leveling, discing, pumpine, diking, impounding 

 and related activities, or (5) diverting or affecting the natural 

 flow of surface or underground waters into, within, and out of the 

 Easement Area. The landowner shall have the right to graze domestic 

 livestock and harvest hay by cutting or mowing, under such terns and 

 conditions as the United States deems necessary and desirable to 

 protect and further the purposes of this easement in accordance with 

 the VRA, provided: 



(i) hay cutting or mowing is conducted not more than one time per 

 year between July 15 and September 1 of any given year; and 



(ii) grazing does not exceed 25 percent harvest efficiency in any 

 given year. ] ' 



B. Wetland Restoration Agreement . Further: 



1. Covenant of Compliance with WRA. The Landowner covenants 

 compliance with all the terms and conditions of the VRA which is appended 

 and made a part of this easement as Exhibit A. Nothing herein shall 

 preclude the Landowner and the United States, through the SCS and with 

 agreement from the FUS , from amending the VRA in the future and recording 

 the same in the appropriate land records. 



2. Determination of Exenrption under the Vetland Conservation 

 Provision . The SCS, in agreement with FVS, shall determine the necessary 

 and appropriate wetland mitigation/replacement requirements on the 

 Easement Area including duration. The mitigation/replacement wetland is 

 delineated on the attached EXHIBIT A . which is appended to this easement 



Use this provision for the mitigation of frequently cropped 

 vetlands. 



Use either or both of these options! prohibitions if managed 

 haying and/or grazing is not consistent with protecting and restoring 

 vetland functions and values (i.e. , reestablishment/maintenance of voody 

 vegetation) . If both haying and grazing is prohibited, then delete the 

 last sentence and provisions that follow. If either haying or grazing is 

 to be alloved, then use the corresponding provision(s) belov. 



Use this provision for the replacement of less than frequently 

 cropped wetlands. If both frequently cropped and less than frequently 

 cropped wetlands are to be mitigated/replaced on the same parcel, then, 

 use both provisions but replace the term 'the Easement Area" with the 

 terms "Subdivision A of the Easement Area" and "Subdivision B of the 

 Easement Area" . 



516-46 



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



