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Tile disIrld ollgincer may designate, after notice and opportunity for public comment, additional
<br />Wafers officially designated by it state as having particular cllvlrollniclltal or CColof;ICal
<br />slgnilicallce, Slich (IS outstanding national 1'CSOLiI'CC Walel'S Or state hall -Iral hcritage Sales. Tlie
<br />district cngincer illay also designate additional critical rCSOLii'CC waters after pollee mi(I
<br />opportunity I61' public Co111111C(11.
<br />(a) Discharges ol, dredged or 1111 IllatC1'Ial lilto waters of llle United ;hates are no(
<br />tlulhorized by NWI's 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 112, 113, 44, /19. 50, 51, ,Ind 52 for
<br />any activity within, or directly afTeding, critical resource Waters, including wC(I,rn(Is a(ljaccli( to
<br />;Snell waters,
<br />(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
<br />notification is re(luire(I in accordance with general condition 31, foran_y activity proposed in the
<br />designated critical resource waters including wetlands adjacent to those waters. The (istrict
<br />engineer may authorize activities under these NWPs only after it is (Icicrnlincd that (Ile impacts
<br />to the critical resource waters will be no more than minimal.
<br />23. Mitigation. The district engineer will consider the following factors what
<br />determining appropriate and practicable mitigation tlecessary to cnsurc that adverse Cffccts on
<br />(Ile agllatlC environment arc minimal:
<br />(a) The activity must be designed and Constructed to avoid and ulininliXC a(ivcrse ef'Iccts,
<br />both temporary and permanent, to waters of' tile United States to the nlaximunl extent practicable
<br />al the project site (i.e., on site).
<br />(h) Mitigation in all its fbrnls (avoiding, 1111I1initzing, rcelilying, reducing„ or
<br />compensating for resource losses) will be required to the CXten( ncccssary to cnsurc (hat the
<br />adverse CFI'cctS to the aCILlatiC C11V11'011lllellt arc minimal.
<br />(c) Compensatory mitigation at a minimum OIIC -tor -one ratio will be regLlire(I i'Or all
<br />Welland losses that CXCccd 1/10 -acre and require prC- COnStrLIC(loll notlflCatioll, unless tile, district
<br />engineer de(ermines ill writing that either some othcr fOrm of mitigation would be more
<br />environmentally appropriate or the adverse effects ol'the proposed activity are minimal, 111(1
<br />provides a project- specific waiver olthis rcquirenlcllt. For wetland losses of 1/10 -acre or less
<br />that 1'Cquire prC- C011StrL1CtiOII notification, the district Cngincer may determine oil a case -by -case
<br />basis that compensatory mitigation is rCClUired to CI1SUrc that tile, activity i'CSLIIIS III lllllllmat
<br />adverse cltccts on the aquatic environment. Compensatory mitigation projects provided to off, el
<br />losses olaquatic resources must comply with the applicable provisions of'33 C'FR part 332.
<br />(1) The prospective permiltee is responsible for proposing an appropriate compensatory
<br />mitigation option if,conlpcnsalory mitigation is ncccssary to cnsurc that talc activity resultS in
<br />minimal adverse cltccts on the aquatic environillent.
<br />(2) Since the likelihood of success is greater all([ the impacts to potentially valuable
<br />uplands arc reduced, wetland restoration Should be the first compensatory mitigation option
<br />considcred.
<br />(3) 11 permittee- responsiblc mitigation is the proposed option, the prospective permittcc is
<br />responsible for submitting a mitigation plan. n Conceptual or detailed mitigation plan may be
<br />used by the district cllgillcer to make the decision oil the NWP veri (cation 1 "CgUCS(, hll( a flllal
<br />mitigation plan that addresses the applicable requirements of'33 CFR 332.4(c)(2) - (14) must be
<br />approve(( by the district engineer bel'ore the purlittec begins work in waters of* the United States,
<br />Unless the district Cllgincer determines that prior approval oI the final mitigation plan is not
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