Laserfiche WebLink
Nationwide Permit 33 Summary Page 10 <br /> activity-specific conditions in the NWP verification the district 4. NWPs do not authorize any injury to the property or <br /> engineer deems necessary.Conditions for compensatory rights of others. <br /> mitigation requirements must comply with the appropriate 5. NWPs do not authorize interference with any existing or <br /> provisions at 33 CFR 332.3(k).The district engineer must proposed Federal project(see general condition 31). <br /> approve the final mitigation plan before the permittee <br /> commences work in waters of the United States,unless the E. Definitions <br /> district engineer determines that prior approval of the final <br /> mitigation plan is not practicable or not necessary to ensure Best management practices(BMPs):Policies,practices, <br /> procedures,or structures implemented to mitigate the adverse <br /> timely completion of the required compensatory mitigation. If <br /> environmental effects on surface water quality resulting from <br /> the prospective permittee elects to submit a compensatory <br /> mitigation plan with the PCN,the district engineer will development.BMPs are categorized as structural or non- <br /> expeditiously review the proposed compensatory mitigation structural. <br /> plan. The district engineer must review the proposed Compensatory mitigation: The restoration(re-establishment <br /> compensatory mitigation plan within 45 calendar days of or rehabilitation),establishment(creation),enhancement, <br /> receiving a complete PCN and determine whether the and/or in certain circumstances preservation of aquatic <br /> proposed mitigation would ensure the NWP activity results in resources for the purposes of offsetting unavoidable adverse <br /> no more than minimal adverse environmental effects. If the impacts which remain after all appropriate and practicable <br /> net adverse environmental effects of the NWP activity(after avoidance and minimization has been achieved. <br /> consideration of the mitigation proposal)are determined by <br /> the district engineer to be no more than minimal,the district Currently serviceable:Useable as is or with some <br /> maintenance,but not so degraded as to essentially require <br /> engineer will provide a timely written response to the <br /> applicant. The response will state that the NWP activity can reconstruction. <br /> proceed under the terms and conditions of the NWP,including Direct effects: Effects that are caused by the activity and <br /> any activity-specific conditions added to the NWP occur at the same time and place. <br /> authorization by the district engineer. <br /> Discharge: The term "discharge" means any discharge of <br /> ❑ 4. If the district engineer determines that the adverse dredged or fill material into waters of the United States. <br /> environmental effects of the proposed activity are more than <br /> minimal,then the district engineer will notify the applicant Ecological reference:A model used to plan and design an <br /> aquatic habitat and riparian area restoration,enhancement,or <br /> either: (a)That the activity does not qualify for authorization <br /> under the NWP and instruct the applicant on the procedures to establishment activity under NWP 27.An ecological reference <br /> seek authorization under an individual permit;(b)that the may be based on the structure,functions,and dynamics of an <br /> activity is authorized under the NWP subject to the applicant's aquatic habitat type or a riparian area type that currently exists <br /> submission of a mitigation plan that would reduce the adverse in the region where the proposed NWP 27 activity is located. <br /> Alternatively,an ecological reference may be based on a <br /> environmental effects so that they are no more than minimal; <br /> or(c)that the activity is authorized under the NWP with conceptual model for the aquatic habitat type or riparian area <br /> specific modifications or conditions.Where the district type to be restored,enhanced, or established as a result of the <br /> engineer determines that mitigation is required to ensure no proposed NWP 27 activity.An ecological reference takes into <br /> more than minimal adverse environmental effects,the activity account the range of variation of the aquatic habitat type or <br /> will be authorized within the 45-day PCN period(unless riparian area type in the region. <br /> additional time is required to comply with general conditions Enhancement: The manipulation of the physical,chemical, or <br /> 18,20,and/or 31,or to evaluate PCNs for activities authorized biological characteristics of an aquatic resource to heighten, <br /> by NWPs 21,49,and 50),with activity-specific conditions intensify,or improve a specific aquatic resource function(s). <br /> that state the mitigation requirements. The authorization will Enhancement results in the gain of selected aquatic resource <br /> include the necessary conceptual or detailed mitigation plan or function(s),but may also lead to a decline in other aquatic <br /> a requirement that the applicant submit a mitigation plan that resource function(s).Enhancement does not result in a gain in <br /> would reduce the adverse environmental effects so that they aquatic resource area. <br /> are no more than minimal. When compensatory mitigation is <br /> required,no work in waters of the United States may occur Ephemeral stream:An ephemeral stream has flowing water <br /> until the district engineer has approved a specific mitigation only during,and for a short duration after,precipitation events <br /> plan or has determined that prior approval of a final mitigation in a typical year. Ephemeral stream beds are located above the <br /> plan is not practicable or not necessary to ensure timely water table year-round.Groundwater is not a source of water <br /> completion of the required compensatory mitigation. for the stream. Runoff from rainfall is the primary source of <br /> water for stream flow. <br /> D. Further Information <br /> Establishment(creation): The manipulation of the physical, <br /> 1. District Engineers have authority to determine if an chemical,or biological characteristics present to develop an <br /> activity complies with the terms and conditions of an NWP. aquatic resource that did not previously exist at an upland site. <br /> 2. NWPs do not obviate the need to obtain other federal, Establishment results in a gain in aquatic resource area. <br /> state,or local permits,approvals,or authorizations required by High Tide Line: The line of intersection of the land with the <br /> law. water's surface at the maximum height reached by a rising <br /> 3. NWPs do not grant any property rights or exclusive tide.The high tide line may be determined,in the absence of <br /> privileges. actual data,by a line of oil or scum along shore objects,a <br />