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Preliminary Wetland Determination Letter - WXFillable Printer Version (DOC 100KB) Last Modified 03/10/2009VIA CERTIFIED MAIL- DELIVERY CONFIRMATION REQUESTED <<enter date>>
<<enter name>> <<enter address>> <<enter address>>
Dear <<enter name>>:
This is to notify you that as of the date of this letter, the Natural Resources Conservation Service (NRCS) is making a preliminary wetland determination for the fields listed on the attached CPA-026E and map. An explanation of the label WX (Manipulated Wetlands) used to classify land on the map is included on the CPA-026E. NRCS preliminary determination may be relied on for the purpose of determining your compliance with the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. This determination applies only to the fields or areas delineated on the attached map. The WX delineation indicates that wetlands have been altered, however no action has been taken that violates the Food Security Act of 1985, as amended. If you plan to alter areas outside the delineated areas, or further alter the delineated area for “the purpose or to have the effect of making the production of an agricultural commodity possible,” you should request NRCS perform another wetland determination for those areas. If you are the owner of this tract but have tenants, I urge you to discuss this wetland determination with farmers who rent the land. NRCS made this wetland determination to determine if your land is managed in compliance with the U.S. Department of Agriculture’s wetland conservation provisions. The determination was prompted by the receipt of a<<enter form AD-1026 OR form FSA-569>> received by Farm Service Agency dated <<enter date>> . The NRCS determination only indicates the activity you proposed will not affect your eligibility for USDA program benefits. The NRCS determination does not identify the U.S. Army Corps of Engineers or State of North Carolina’s jurisdiction. If you will conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters, you must obtain a separate determination from the Corps of Engineers before starting the work. The NRCS urges you to obtain the Corps’ determination by contacting its office in <<enter city>>at <<enter telephone number>>. An extra copy of your wetland determination is enclosed to help you complete coordination with the Corps’. It is your responsibility to ensure your activity meets the regulatory requirements of other agencies. The NRCS wetland determination is not a permit to manipulate wetlands and does not imply any endorsement of the activity by NRCS. If you agree with NRCS determination, it will be considered final in 30 days and become part of your case file. The wetland determination will serve as a reference in the development of a conservation plan and determine your eligibility for certain programs. If you disagree with NRCS determination, you can exercise appeal rights within the next 30 days while the wetland determination is still preliminary. There are two ways to appeal NRCS preliminary determination: Request a field visit – NRCS will meet you at the site to review the data we gathered to make our wetland determination. Any questions you have concerning the determination will be answered. Also, if you provide us with additional technical information, we will consider if it provides a basis for NRCS to change its preliminary determination. Request mediation - Mediation is a process in which a trained, impartial person helps us look at mutual concerns, consider options, and determine if we can agree on a solution. The mediator has no decision making authority, but may be able to help us reach a mutually agreeable decision. If you choose mediation, NRCS will pay up to one-half of the appropriate and reasonable costs associated with securing a trained mediator. You can request mediation at the following address:
If I do not receive any notification from you or the mediation service within the next 30 days, your preliminary determination will become final. Once the determination becomes final, you can still request the NRCS State Conservationist review the determination by sending a written request to me. The State Conservationist will review the technical basis for the determination and any additional information you want considered before making a final determination. The State Conservationist will also offer you the following opportunities to appeal NRCS final determination within 30 days after the determination becomes final. Appeal to the County FSA Committee- To have an appeal hearing with the FSA County Committee, you must send the Committee a written request including a brief statement explaining why you believe NRCS determination is incorrect within 30 days of the determination becoming final. The Committee can uphold the final technical determination, or request a review by the NRCS State Conservationist. You may contact the FSA the following address: <<enter county>> County FSA Committee County Executive Director <<enter address>> <<enter address>> <<enter telephone number>> Appeal to the National Appeals Division- To have an appeal hearing with NAD, you must send their regional office a written request for appeal including a brief statement explaining why you believe NRCS decision is incorrect within 30 days of the determination becoming final. You may contact the NAD regional office at the following address:
Only final determinations can be appealed to the FSA County Committee and National Appeals Division (NAD). If you wish to appeal immediately to the County Committee or NAD, you may request "expedited finality" by sending me a note explaining that you want the determination changed to final in less than 30 days. If you have any questions, please feel free to contact me at my office <<enter telephone number>>. Sincerely,
<<enter name>> cc: <<enter name>>, ASTC-FO, NRCS, City, NC Last Modified (03/10/2009) |
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