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If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
<br />provide documentation specifying the circumstances, the degree of damage to the integrity of
<br />any historic properties affected, and proposed mitigation. This documentation must include any
<br />views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking
<br />occurs on or affects historic properties on tribal lands or affects properties of interest to those
<br />tribes, and other parties known to have a legitimate interest in the impacts to the permitted
<br />activity on historic properties.
<br />21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
<br />previously unknown historic, cultural or archeological remains and artifacts while accomplishing
<br />the activity authorized by this permit, you must immediately notify the district engineer of what
<br />you have found, and to the maximum extent practicable, avoid construction activities that may
<br />affect the remains and artifacts until the required coordination has been completed. The district
<br />engineer will initiate the Federal, Tribal and state coordination required to determine if the items
<br />or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
<br />Historic Places.
<br />22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
<br />managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.
<br />The district engineer may designate, after notice and opportunity for public comment, additional
<br />waters officially designated by a state as having particular environmental or ecological
<br />significance, such as outstanding national resource waters or state natural heritage sites. The
<br />district engineer may also designate additional critical resource waters after notice and
<br />opportunity for public comment.
<br />(a) Discharges of dredged or fill material into waters of the United States are not
<br />authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
<br />any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
<br />such 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 required in accordance with general condition 31, for any activity proposed in the
<br />designated critical resource waters including wetlands adjacent to those waters. The district
<br />engineer may authorize activities under these NWPs only after it is determined that the impacts
<br />to the critical resource waters will be no more than minimal.
<br />23. Mitigation. The district engineer will consider the following factors when
<br />determining appropriate and practicable mitigation necessary to ensure that adverse effects on
<br />the aquatic environment are minimal:
<br />(a) The activity must be designed and constructed to avoid and minimize adverse effects,
<br />both temporary and permanent, to waters of the United States to the maximum extent practicable
<br />at the project site (i.e., on site).
<br />(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
<br />compensating for resource losses) will be required to the extent necessary to ensure that the
<br />adverse effects to the aquatic environment are minimal.
<br />(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
<br />wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district
<br />engineer determines in writing that either some other form of mitigation would be more
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