|
Nationwide 5 Permit Summary
<br />Discharge: The term "discharge" means any discharge of
<br />dredged or fill material.
<br />Enhancement: The manipulation of the physical, chemical, or
<br />biological characteristics of an aquatic resource to heighten,
<br />intensify, or improve a specific aquatic resource function(s).
<br />Enhancement results in the gain of selected aquatic resource
<br />function(s), but may also lead to a decline in other aquatic
<br />resource function(s). Enhancement does not result in a gain in
<br />aquatic resource area.
<br />Ephemeral stream: An ephemeral stream has flowing water
<br />only during, and for a short duration after, precipitation events
<br />in a typical year. Ephemeral stream beds are located above the
<br />water table year- round. Groundwater is not a source of water
<br />for the stream. Runoff from rainfall is the primary source of
<br />water for stream flow.
<br />Establishment (creation): The manipulation of the physical,
<br />chemical, or biological characteristics present to develop an
<br />aquatic resource that did not previously exist at an upland site.
<br />Establishment results in a gain in aquatic resource area.
<br />High Tide Line: The line of intersection of the land with the
<br />water's surface at the maximum height reached by a rising
<br />tide. The high tide line may be determined, in the absence of
<br />actual data, by a line of oil or scum along shore objects, a
<br />more or less continuous deposit of fine shell or debris on the
<br />foreshore or berm, other physical markings or characteristics,
<br />vegetation lines, tidal gages, or other suitable means that
<br />delineate the general height reached by a rising tide. The line
<br />encompasses spring high tides and other high tides that occur
<br />with periodic frequency but does not include storm surges in
<br />which there is a departure from the normal or predicted reach
<br />of the tide due to the piling up of water against a coast by
<br />strong winds such as those accompanying a hurricane or other
<br />intense storm.
<br />Historic Property: Any prehistoric or historic district, site
<br />(including archaeological site), building, structure, or other
<br />object included in, or eligible for inclusion in, the National
<br />Register of Historic Places maintained by the Secretary of the
<br />Interior. This term includes artifacts, records, and remains that
<br />are related to and located within such properties. The term
<br />includes properties of traditional religious and cultural
<br />importance to an Indian tribe or Native Hawaiian organization
<br />and that meet the National Register criteria (36 CFR part 60).
<br />Independent utility: A test to determine what constitutes a
<br />single and complete non - linear project in the Corps regulatory
<br />program. A project is considered to have independent utility if
<br />it would be constructed absent the construction of other
<br />projects in the project area. Portions of a multi -phase project
<br />that depend upon other phases of the project do not have
<br />independent utility. Phases of a project that would be
<br />constructed even if the other phases were not built can be
<br />considered as separate single and complete projects with
<br />independent utility.
<br />Indirect effects: Effects that are caused by the activity and are
<br />later in time or farther removed in distance, but are still
<br />reasonably foreseeable.
<br />Intermittent stream: An intermittent stream has flowing
<br />water during certain times of the year, when groundwater
<br />provides water for stream flow. During dry periods,
<br />Page 9
<br />intermittent streams may not have flowing water. Runoff from
<br />rainfall is a supplemental source of water for stream flow.
<br />Loss of waters of the United States: Waters of the United
<br />States that are permanently adversely affected by filling,
<br />flooding, excavation, or drainage because of the regulated
<br />activity. Permanent adverse effects include permanent
<br />discharges of dredged or fill material that change an aquatic
<br />area to dry land, increase the bottom elevation of a waterbody,
<br />or change the use of a waterbody. The acreage of loss of
<br />waters of the United States is a threshold measurement of the
<br />impact to jurisdictional waters for determining whether a
<br />project may qualify for an NWP; it is not a net threshold that
<br />is calculated after considering compensatory mitigation that
<br />may be used to offset losses of aquatic functions and services.
<br />The loss of stream bed includes the linear feet of stream bed
<br />that is filled or excavated. Waters of the United States
<br />temporarily filled, flooded, excavated, or drained, but restored
<br />to pre - construction contours and elevations after construction,
<br />are not included in the measurement of loss of waters of the
<br />United States. Impacts resulting from activities eligible for
<br />exemptions under Section 404(f) of the Clean Water Act are
<br />not considered when calculating the loss of waters of the
<br />United States.
<br />Non -tidal wetland: A non -tidal wetland is a wetland that is
<br />not subject to the ebb and flow of tidal waters. The definition
<br />of a wetland can be found at 33 CFR 328.3(b). Non -tidal
<br />wetlands contiguous to tidal waters are located landward of
<br />the high tide line (i.e., spring high tide line).
<br />Open water: For purposes of the NWPs, an open water is any
<br />area that in a year with normal patterns of precipitation has
<br />water flowing or standing above ground to the extent that an
<br />ordinary high water mark can be determined. Aquatic
<br />vegetation within the area of standing or flowing water is
<br />either non - emergent, sparse, or absent. Vegetated shallows are
<br />considered to be open waters. Examples of "open waters"
<br />include rivers, streams, lakes, and ponds.
<br />Ordinary High Water Mark: An ordinary high water mark is
<br />a line on the shore established by the fluctuations of water and
<br />indicated by physical characteristics, or by other appropriate
<br />means that consider the characteristics of the surrounding
<br />areas (see 33 CFR 328.3(e)).
<br />Perennial stream: A perennial stream has flowing water year -
<br />round during a typical year. The water table is located above
<br />the stream bed for most of the year. Groundwater is the
<br />primary source of water for stream flow. Runoff from rainfall
<br />is a supplemental source of water for stream flow.
<br />Practicable: Available and capable of being done after taking
<br />into consideration cost, existing technology, and logistics in
<br />light of overall project purposes.
<br />Pre - construction notification: A request submitted by the
<br />project proponent to the Corps for confirmation that a
<br />particular activity is authorized by nationwide permit. The
<br />request may be a permit application, letter, or similar
<br />document that includes information about the proposed work
<br />and its anticipated environmental effects. Pre - construction
<br />notification may be required by the terms and conditions of a
<br />nationwide permit, or by regional conditions. A pre -
<br />construction notification may be voluntarily submitted in cases
<br />
|