USDA Indiana Activities Not for the Purpose of Row Crop Production

The information you provided in item #10A and item #11 of the AD-1026 indicates that the production of agricultural commodities is not your intent.

USDA in Indiana will not provide a Wetland Conservation (WC) nor a Highly Erodible Land Conservation (HELC) determination because your proposed manipulation is not for the purpose of and does not make production of agricultural commodities possible on lands considered Wetlands or Highly Erodible Land (including but not limited to such activities as construction of roads; buildings; ponds; spring developments; conversion to orchards, groves, or vineyards; agricultural waste management structures, etc.).

As a reminder, you may be found to be out of Compliance with the Food Security Act of 1985, as Amended, if you produce agricultural commodities, or make the production of agricultural commodities possible, on lands considered Wetlands or Highly Erodible Land.

Please keep these items in mind as you implement your plans. Please notify USDA if your plans change during the implementation of you project:

1. Should you plant agricultural commodities on converted wetlands or Highly Erodible Land as a result of your activities, you may be found to be out of Compliance.
1. This may include such activities as clearing more land than needed to effectively implement your plans and planting agricultural commodities on the converted land (such as planting crops on excess areas around buildings, roads, etc.).

2. Should you convert acres in excess of those needed to meet the objectives of the project (i.e. - if you make the production of agricultural commodities possible on converted wetlands), you may be found to be out of Compliance.
1. This may include such activities as clearing more land than needed to effectively implement your plans (such as having excess grassed area around buildings, roads, etc.) even if you do not plant a crop.

3. Should you convert wetlands and you do not fulfill your plans, you may be found to have made the production of agricultural commodities possible on converted wetlands, and you may be found to be out of Compliance.
1. This may include such activities as converting a wetland with the intent of installing a building, then later deciding not to erect the building.

Your documentation of your proposed activities will be maintained at the local Farm Service Agency (FSA) office in the event your intentions are questioned.

NOTE: This decision applies for the purpose of implementing the wetland conservation provisions of the Food Security Act of 1985. This decision may not be valid for identifying the extent of the COE’s Clean Water Act jurisdiction for this site. If you intend to conduct any activity that constitutes a discharge of dredged or fill material into wetlands or other waters, you should request a jurisdictional determination from the local office of the COE prior to starting the work.