2013-12-12_HYDROLOGY - M2013064 - Laserfiche WebLink

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pradicable. or not necessary to ensure timely comp1Ctlon or die recriNd compensatory illillgalioll (see 33 t'i't\' 332.3(lo(3)). (1I) ifilliligation bank or in -lieii (CC program credits are the propose(] oplion. (Ile nli(iga(ion plan only heels to address tale baseline conditions a( the impact site and We number of Credits to be provided. (5) Conlponsatory mitigation requirements (ug., resource type and amount to he provkQcf its compensatory mitigation, site protection, ecological performance standards, moni(oring, reejuirelncnis) may he addressed through conditions added to (he NWi' authorimion, inslead of componerl(s of a compensatory mitigation plan. (d) I'or losses of streams or other Open waters that require prC- COnStrUC(ion Motif iCation, (he district engineer illay require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity ivsldls ill minimal adverse effects on the aquatic environment. (c) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits oCtlic NWPs. I'or example, if an NWP has in acreage limit of 1/2-acre, it cannot he used to authodzc any prgject resulting in the loss or greater than 1 / 2-acre of waters of file. llrli(ed States, even ifcortlpensatory mitigation is provided that replaces or restores some of (lie lost waters. i iowCvcr, compensatory 11111 uioll can wml Should be USCd, as IWCCSSary, to cnstire that a project already mccUng the established acreage limits also satisfies the minimal irnpaCt 1'CgUil- C111CI1t associated with the NWPs. (1) Conlpensatmy mitigation plans for projects in or near streams or other open waders will normally include a requirement for the restoration or establishment, maintenance, and legal protection (c.g., conservation casements) Of riparian areas [let to open waters. ill Soille cases, riparian areas play be the only compensatory mitigation required. Riparian areas should consist of dative Spedes. Tic width of the required riparian area will address doc11111CHICCl Water ClUalQ/ or aquatic habitat loss concerns. Normally, the riparian area will he 25 to 50 feet wide on each side or the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides ofa stream, or if' the waterbody is a lake or coastal waters, then restoring or establisbing a riparian area ahng a A& bank or Shoreline may be sufficient_ Where both wetlands and open waters exist oil the project Site, the district engineer will determine the appropriate compensatory mitigation (C.g., riparian areas and /or wetlands Compensation) based oil What is hest for the aquatic environment oil a watershed basis. ill cases where rlpaiian areas are determined to be the illost appropriate forth of compensatory mitigation, the district engineer may waive or reduce tic requirement to provide wetland compensatory mitigation Or wetland losses. (g) Perulittees play propose the use of mitigation banks, in -lice Ice programs, or scpara(e perinittec- responsible mitigation. I'or activities resulting in the loss Of i1larltlC Or estuarine resources, pCrillittCC- rCSpOilSlblc compensatory mitigation may be environmentally prelcrable if there are no mitigation battles or iii -lieu fee programs ill the area [flat have illarillC Or CStllal'ille credits available for Sale or translcr to the pernllttec. I'or permittce- responsible mitigation, the special conditions of' the NWI' verification must clearly indicate the party or parties responsible for the I ill plCmCiltatloil aild performance of the compensatory mitigation projcc(, and, if l'CgUiNd, its long -term management. (11) Whore certain functions rind Services of waters of the Umtel States are permancridy adversely alibacd, such as the conversion of a forested or scrub -shrub wetland to a herbaceous �?