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on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or <br />establishing a riparian area along a single bank or shoreline may be sufficient. Where both <br />wetlands and open waters exist on the project site, the district engineer will determine the <br />appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based <br />on what is best for the aquatic environment on a watershed basis. In cases where riparian areas <br />are determined to be the most appropriate form of compensatory mitigation, the district engineer <br />may waive or reduce the requirement to provide wetland compensatory mitigation for wetland <br />losses. <br />(g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate <br />permittee -responsible mitigation. For activities resulting in the loss of marine or estuarine <br />resources, permittee -responsible compensatory mitigation may be environmentally preferable if <br />there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine <br />credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the <br />special conditions of the NWP verification must clearly indicate the party or parties responsible <br />for the implementation and performance of the compensatory mitigation project, and, if required, <br />its long-term management. <br />(h) Where certain functions and services of waters of the United States are permanently <br />adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous <br />wetland in a permanently maintained utility line right-of-way, mitigation may be required to <br />reduce the adverse effects of the project to the minimal level. <br />24. Safety of Impoundment Structures. To ensure that all impoundment structures are <br />safely designed, the district engineer may require non -Federal applicants to demonstrate that the <br />structures comply with established state dam safety criteria or have been designed by qualified <br />persons. The district engineer may also require documentation that the design has been <br />independently reviewed by similarly qualified persons, and appropriate modifications made to <br />ensure safety. <br />25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have <br />not previously certified compliance of an NWP with CWA Section 401, individual 401 Water <br />Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or <br />State or Tribe may require additional water quality management measures to ensure that the <br />authorized activity does not result in more than minimal degradation of water quality. <br />26. Coastal Zone Management. In coastal states where an NWP has not previously <br />received a state coastal zone management consistency concurrence, an individual state coastal <br />zone management consistency concurrence must be obtained, or a presumption of concurrence <br />must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional <br />measures to ensure that the authorized activity is consistent with state coastal zone management <br />requirements. <br />27. Regional and Case -By -Case Conditions. The activity must comply with any <br />regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) <br />and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. <br />EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone <br />Management Act consistency determination. <br />