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)uld be used, as necessary, to ensure that a project already meeting the established <br />-eage limits also satisfies the minimal impact requirement associated with the NWPs. <br />(f) Compensatory mitigation plans for projects in or near streams or other open <br />Rers will normally include a requirement for the establishment, maintenance, and legal <br />)tection (e.g., conservation easements) of riparian areas next to open waters. In some <br />;es, riparian areas may be the only compensatory mitigation required. Riparian areas <br />)uld consist of native species. The width of the required riparian area will address <br />cumented water quality or aquatic habitat loss concerns. Normally, the riparian area <br />ll be 25 to 50 feet wide on each side of the stream, but the district engineer may require <br />ghtly wider riparian areas to address documented water quality or habitat loss <br />ncerns. Where both wetlands and open waters exist on the project site, the district <br />gineer will determine the appropriate compensatory mitigation (e.g., riparian areas <br />Vor wetlands compensation) based on what is best for the aquatic environment on a <br />itershed basis. In cases where riparian areas are determined to be the most appropriate <br />Tn of compensatory mitigation, the district engineer may waive or reduce the <br />luirement to provide wetland compensatory mitigation for wetland losses. <br />(g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements <br />separate activity - specific compensatory mitigation. In all cases, the mitigation <br />visions will specify the party responsible for accomplishing and/or complying with <br />mitigation plan. <br />(h) Where certain functions and services of waters of the United States are <br />rmanently adversely affected, such as the conversion of a forested or scrub -shrub <br />:tland to a herbaceous wetland in a permanently maintained utility line right -of -way, <br />tigation may be required to reduce the adverse effects of the project to the minimal <br />21. Water Quality. Where States and authorized Tribes, or EPA where <br />cable, have not previously certified compliance of an NWP with CWA Section 401, <br />'idual 401 Water Quality Certification must be obtained or waived (see 33 CFR <br />t(c)). The district engineer or State or Tribe may require additional water quality <br />igement measures to ensure that the authorized activity does not result in more than <br />nal degradation of water quality. <br />22. Coastal Zone Management. Not Applicable. <br />23. Regional and Case-By-Case Conditions. The activity must comply with any <br />onal conditions that may have been added by the Division Engineer (see 33 CFR <br />.4(e)) and with any case specific conditions added by the Corps or by the state, Indian <br />)e, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its <br />stal Zone Management Act consistency determination. <br />24. Use of Multiple Nationwide Permits. The use of more than one NWP for a <br />ngle and complete project is prohibited, except when the acreage loss of waters of the <br />nited States authorized by the NWPs does not exceed the acreage limit of the NWP <br />ith the highest specified acreage limit. For example, if a road crossing over tidal waters <br />constructed under NWP 14, with associated bank stabilization authorized by NWP 13, <br />