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Nationwide Permit 33 Summary Page 6 <br /> ensure timely completion of the required ❑ 25. Water Quality.Where States and authorized Tribes,or <br /> compensatory mitigation(see 33 CFR 332.3(k)(3)). EPA where applicable,have not previously certified compliance <br /> ❑ (5) If mitigation bank or in-lieu fee program of an NWP with CWA section 401,individual 401 Water <br /> credits are the proposed option,the mitigation plan Quality Certification must be obtained or waived(see 33 CFR <br /> only needs to address the baseline conditions at the 330.4(c)). The district engineer or State or Tribe may require <br /> impact site and the number of credits to be provided. additional water quality management measures to ensure that the <br /> authorized activity does not result in more than minimal <br /> ❑ (6) Compensatory mitigation requirements(e.g., degradation of water quality. <br /> resource type and amount to be provided as ❑ 26. Coastal Zone Management. In coastal states where an <br /> compensatory mitigation,site protection,ecological NWP has not previously received a state coastal zone <br /> performance standards,monitoring requirements) management consistency concurrence, an individual state coastal <br /> may be addressed through conditions added to the zone management consistency concurrence must be obtained,or <br /> NWP authorization,instead of components of a a presumption of concurrence must occur(see 33 CFR 330.4(d)). <br /> compensatory mitigation plan(see 33 CFR The district engineer or a State may require additional measures <br /> 332.4(c)(1)(ii)). to ensure that the authorized activity is consistent with state <br /> ❑ (g) Compensatory mitigation will not be used to coastal zone management requirements. <br /> increase the acreage losses allowed by the acreage limits ❑ 27. Regional and Case-By-Case Conditions.The activity <br /> of the NWPs.For example, if an NWP has an acreage must comply with any regional conditions that may have been <br /> limit of 1/2-acre,it cannot be used to authorize any NWP added by the Division Engineer(see 33 CFR 330.4(e))and with <br /> activity resulting in the loss of greater than 12-acre of any case specific conditions added by the Corps or by the state, <br /> waters of the United States,even if compensatory Indian Tribe,or U.S.EPA in its section 401 Water Quality <br /> mitigation is provided that replaces or restores some of Certification,or by the state in its Coastal Zone Management <br /> the lost waters.However,compensatory mitigation can Act consistency determination. <br /> and should be used,as necessary,to ensure that an NWP <br /> activity already meeting the established acreage limits ❑ 28. Use of Multiple Nationwide Permits. The use of <br /> also satisfies the no more than minimal impact more than one NWP for a single and complete project is <br /> requirement for the NWPs. prohibited,except when the acreage loss of waters of the United <br /> ❑ (h)Permittees may propose the use of mitigation States authorized by the NWPs does not exceed the acreage limit <br /> banks, in-lieu fee programs,or permittee-responsible of the NWP with the highest specified acreage limit. For <br /> mitigation.When developing a compensatory mitigation example, if a road crossing over tidal waters is constructed under <br /> proposal,the permittee must consider appropriate and NWP 14,with associated bank stabilization authorized by NWP <br /> practicable options consistent with the framework at 33 13,the maximum acreage loss of waters of the United States for <br /> CFR 332.3(b).For activities resulting in the loss of the total project cannot exceed 1/3-acre. <br /> marine or estuarine resources,permittee-responsible ❑ 29. Transfer of Nationwide Permit Verifications. If the <br /> mitigation may be environmentally preferable if there are permittee sells the property associated with a nationwide permit <br /> no mitigation banks or in-lieu fee programs in the area verification,the permittee may transfer the nationwide permit <br /> that have marine or estuarine credits available for sale or verification to the new owner by submitting a letter to the <br /> transfer to the permittee.For permittee-responsible appropriate Corps district office to validate the transfer.A copy <br /> mitigation,the special conditions of the NWP verification of the nationwide permit verification must be attached to the <br /> must clearly indicate the party or parties responsible for letter, and the letter must contain the following statement and <br /> the implementation and performance of the compensatory signature: <br /> mitigation project, and, if required, its long-term When the structures or work authorized by this <br /> management. nationwide permit are still in existence at the time <br /> ❑ (i) Where certain functions and services of waters of the property is transferred,the terms and conditions <br /> the United States are permanently adversely affected by a of this nationwide permit, including any special <br /> regulated activity,such as discharges of dredged or fill conditions,will continue to be binding on the new <br /> material into waters of the United States that will convert owner(s)of the property.To validate the transfer of <br /> a forested or scrub-shrub wetland to a herbaceous wetland this nationwide permit and the associated liabilities <br /> in a permanently maintained utility line right-of-way, associated with compliance with its terms and <br /> mitigation may be required to reduce the adverse conditions,have the transferee sign and date below. <br /> environmental effects of the activity to the no more than <br /> ---------------------------------------------------------------- <br /> minimal level. <br /> (Transferee) <br /> ❑ 24. Safety of Impoundment Structures. To ensure that all <br /> impoundment structures are safely designed,the district engineer ---------------------------------------------------------------- <br /> may require non-Federal applicants to demonstrate that the (Date) <br /> structures comply with established state dam safety criteria or <br /> have been designed by qualified persons. The district engineer ❑ 30. Compliance Certification.Each permittee who <br /> may also require documentation that the design has been receives an NWP verification letter from the Corps must provide <br /> independently reviewed by similarly qualified persons,and a signed certification documenting completion of the authorized <br /> appropriate modifications made to ensure safety. activity and implementation of any required compensatory <br />