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environmentally appropriate or the adverse effects of the proposed activity are minimal, and <br />provides a project -specific waiver of this requirement. For wetland losses of 1/10 -acre or less <br />that require pre -construction notification, the district engineer may determine on a case-by-case <br />basis that compensatory mitigation is required to ensure that the activity results in minimal <br />adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset <br />losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. <br />(1) The prospective permittee is responsible for proposing an appropriate compensatory <br />mitigation option if compensatory mitigation is necessary to ensure that the activity results in <br />minimal adverse effects on the aquatic environment. <br />(2) Since the likelihood of success is greater and the impacts to potentially valuable <br />uplands are reduced, wetland restoration should be the first compensatory mitigation option <br />considered. <br />(3) If permittee -responsible mitigation is the proposed option, the prospective permittee is <br />responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be <br />used by the district engineer to make the decision on the NWP verification request, but a final <br />mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be <br />approved by the district engineer before the permittee begins work in waters of the United States, <br />unless the district engineer determines that prior approval of the final mitigation plan is not <br />practicable or not necessary to ensure timely completion of the required compensatory mitigation <br />(see 33 CFR 332.3(k)(3)). <br />(4) If mitigation bank or in -lieu fee program credits are the proposed option, the <br />mitigation plan only needs to address the baseline conditions at the impact site and the number of <br />credits to be provided. <br />(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided <br />as compensatory mitigation, site protection, ecological performance standards, monitoring <br />requirements) may be addressed through conditions added to the NWP authorization, instead of <br />components of a compensatory mitigation plan. <br />(d) For losses of streams or other open waters that require pre -construction notification, <br />the district engineer may require compensatory mitigation, such as stream rehabilitation, <br />enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the <br />aquatic environment. <br />(e) Compensatory mitigation will not be used to increase the acreage losses allowed by <br />the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it <br />cannot be used to authorize any project resulting in the loss of greater than 1/2 -acre of waters of <br />the United States, even if compensatory mitigation is provided that replaces or restores some of <br />the lost waters. However, compensatory mitigation can and should be used, as necessary, to <br />ensure that a project already meeting the established acreage limits also satisfies the minimal <br />impact requirement associated with the NWPs. <br />(f) Compensatory mitigation plans for projects in or near streams or other open waters <br />will normally include a requirement for the restoration or establishment, maintenance, and legal <br />protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, <br />riparian areas may be the only compensatory mitigation required. Riparian areas should consist <br />of native species. The width of the required riparian area will address documented water quality <br />or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each <br />side of the stream, but the district engineer may require slightly wider riparian areas to address <br />documented water quality or habitat loss concerns. If it is not possible to establish a riparian area <br />