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Nationwide Permit 33 Summary Page 5
<br /> sites. The district engineer may also designate additional critical compensatory mitigation required.Restored riparian areas
<br /> resource waters after notice and opportunity for public comment. should consist of native species. The width of the required
<br /> ❑ (a) Discharges of dredged or fill material into waters riparian area will address documented water quality or
<br /> of the United States are not authorized by NWPs 7, 12, aquatic habitat loss concerns.Normally,the riparian area
<br /> 145 16, 17,21,29,31,35,39,40,42,43,44,49,50, 51, will be 25 to 50 feet wide on each side of the stream,but
<br /> and 52 for any activity within,or directly affecting, the district engineer may require slightly wider riparian
<br /> critical resource waters,including wetlands adjacent to areas to address documented water quality or habitat loss
<br /> such waters. concerns.If it is not possible to restore or maintain/protect
<br /> a riparian area on both sides of a stream,or if the
<br /> ❑ (b) For NWPs 3,8, 10, 13, 15, 18, 19,22,23,25,27, waterbody is a lake or coastal waters,then restoring or
<br /> 28,30,33,34, 36,37, 38,and 54,notification is required maintaining/protecting a riparian area along a single bank
<br /> in accordance with general condition 32,for any activity or shoreline may be sufficient.Where both wetlands and
<br /> proposed in the designated critical resource waters open waters exist on the project site,the district engineer
<br /> including wetlands adjacent to those waters.The district will determine the appropriate compensatory mitigation
<br /> engineer may authorize activities under these NWPs only (e.g.,riparian areas and/or wetlands compensation)based
<br /> after it is determined that the impacts to the critical on what is best for the aquatic environment on a
<br /> resource waters will be no more than minimal. watershed basis. In cases where riparian areas are
<br /> ❑ 23. Mitigation. The district engineer will consider the determined to be the most appropriate form of
<br /> minimization or compensatory mitigation,the district
<br /> following factors when determining appropriate and practicable engineer may waive or reduce the requirement to provide
<br /> mitigation necessary to ensure that the individual and cumulative wetland compensatory mitigation for wetland losses.
<br /> adverse environmental effects are no more than minimal:
<br /> ❑ (a) The activity must be designed and constructed to ❑ (fl Compensatory mitigation projects provided to
<br /> avoid and minimize adverse effects,both temporary and offset losses of aquatic resources must comply with the
<br /> permanent,to waters of the United States to the maximum applicable provisions of 33 CFR part 332.
<br /> extent practicable at the project site(i.e.,on site). ❑ (1) The prospective permittee is responsible for
<br /> proposing an appropriate compensatory mitigation
<br /> ❑ (b) Mitigation in all its forms(avoiding,minimizing, option if compensatory mitigation is necessary to
<br /> rectifying,reducing,or compensating for resource losses) ensure that the activity results in no more than
<br /> will be required to the extent necessary to ensure that the minimal adverse environmental effects. For the
<br /> individual and cumulative adverse environmental effects NWPs,the preferred mechanism for providing
<br /> are no more than minimal. compensatory mitigation is mitigation bank credits or
<br /> ❑ (c) Compensatory mitigation at a minimum one-for- in-lieu fee program credits(see 33 CFR 332.3(b)(2)
<br /> one ratio will be required for all wetland losses that and(3)).However, if an appropriate number and type
<br /> exceed 1A0-acre and require preconstruction notification, of mitigation bank or in-lieu credits are not available
<br /> unless the district engineer determines in writing that at the time the PCN is submitted to the district
<br /> either some other form of mitigation would be more engineer,the district engineer may approve the use of
<br /> environmentally appropriate or the adverse environmental permittee-responsible mitigation.
<br /> effects of the proposed activity are no more than minimal, ❑ (2) The amount of compensatory mitigation
<br /> and provides an activity-specific waiver of this required by the district engineer must be sufficient to
<br /> requirement. For wetland losses of IA O-acre or less that ensure that the authorized activity results in no more
<br /> require preconstruction notification,the district engineer than minimal individual and cumulative adverse
<br /> may determine on a case-by-case basis that compensatory environmental effects(see 33 CFR 330.1(e)(3)).(See
<br /> mitigation is required to ensure that the activity results in also 33 CFR 332.3(f)).
<br /> only minimal adverse environmental effects.
<br /> ❑ (d) For losses of streams or other open waters that ❑ (3) Since the likelihood of success is greater and
<br /> the impacts to potentially valuable uplands are
<br /> require pre-construction notification,the district engineer reduced, aquatic resource restoration should be the
<br /> may require compensatory mitigation to ensure that the first compensatory mitigation option considered for
<br /> activity results in no more than minimal adverse permittee-responsible mitigation.
<br /> environmental effects.Compensatory mitigation for
<br /> losses of streams should be provided,if practicable, ❑ (4) If permittee-responsible mitigation is the
<br /> through stream rehabilitation,enhancement,or proposed option,the prospective permittee is
<br /> preservation, since streams are difficult-to-replace responsible for submitting a mitigation plan.A
<br /> resources(see 33 CFR 332.3(e)(3)). conceptual or detailed mitigation plan may be used
<br /> ❑ (e) Compensatory mitigation plans for NWP by the district engineer to make the decision on the
<br /> activities in or near streams or other open waters will NWP verification request,but a final mitigation plan
<br /> normally include a requirement for the restoration or that addresses the applicable requirements of 33 CFR
<br /> enhancement,maintenance,and legal protection(e.g., 332.4(c)(2)through(14)must be approved by the
<br /> conservation easements)of riparian areas next to open district engineer before the permittee begins work in
<br /> waters. In some cases,the restoration or waters of the United States,unless the district
<br /> engineer determines that prior approval of the final
<br /> maintenance/protection of riparian areas may be the only mitigation plan is not practicable or not necessary to
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