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Nationwide Permit 33 Summary Page 11
<br /> more or less continuous deposit of fine shell or debris on the to section 10 of the Rivers and Harbors Act of 1899.These
<br /> foreshore or berm,other physical markings or characteristics, waters are defined at 33 CFR part 329.
<br /> vegetation lines,tidal gages,or other suitable means that
<br /> Non-tidal wetland:Anon-tidal wetland is a wetland that is
<br /> delineate the general height reached by a rising tide. The line
<br /> not subject to the ebb and flow of tidal waters.Nontidal
<br /> encompasses spring high tides and other high tides that occur
<br /> with periodic frequency but does not include storm surges in Wetlands contiguous to tidal waters are located landward of
<br /> the high tide line(i.e.,spring high tide line).
<br /> which there is a departure from the normal or predicted reach
<br /> of the tide due to the piling up of water against a coast by Open water: For purposes of the NWPs,an open water is any
<br /> strong winds such as those accompanying a hurricane or other area that in a year with normal patterns of precipitation has
<br /> intense storm. water flowing or standing above ground to the extent that an
<br /> Historic Property:Any prehistoric or historic district, site ordinary high water mark can be determined.Aquatic
<br /> (including archaeological site),building,structure,or other vegetation within the area of flowing or standing water is
<br /> object included in,or eligible for inclusion in,the National either non-emergent, sparse,or absent. Vegetated shallows are
<br /> Register of Historic Places maintained by the Secretary of the considered to be open waters.Examples of"open waters"
<br /> Interior.This term includes artifacts,records,and remains that include rivers,streams,lakes,and ponds.
<br /> are related to and located within such properties.The term Ordinary High Water Mark:An ordinary high water mark is
<br /> includes properties of traditional religious and cultural a line on the shore established by the fluctuations of water and
<br /> importance to an Indian tribe or Native Hawaiian organization indicated by physical characteristics, or by other appropriate
<br /> and that meet the National Register criteria(36 CFR part 60). means that consider the characteristics of the surrounding
<br /> Independent utility:A test to determine what constitutes a areas.
<br /> single and complete non-linear project in the Corps Perennial stream:A perennial stream has flowing water year-
<br /> Regulatory Program.A project is considered to have round during a typical year.The water table is located above
<br /> independent utility if it would be constructed absent the the stream bed for most of the year.Groundwater is the
<br /> construction of other projects in the project area.Portions of a primary source of water for stream flow.Runoff from rainfall
<br /> multi-phase project that depend upon other phases of the is a supplemental source of water for stream flow.
<br /> project do not have independent utility.Phases of a project
<br /> that would be constructed even if the other phases were not Practicable:Available and capable of being done after taking
<br /> built can be considered as separate single and complete into consideration cost,existing technology,and logistics in
<br /> p light of overall project purposes.
<br /> projects with independent utility.
<br /> Indirect effects: Effects that are caused by the activity and are Pre-construction notification: A request submitted by the
<br /> later in time or farther removed in distance,but are still project proponent to the Corps for confirmation that a
<br /> reasonably foreseeable. particular activity is authorized by nationwide permit.The
<br /> request may be a permit application, letter,or similar
<br /> Intermittent stream:An intermittent stream has flowing document that includes information about the proposed work
<br /> water during certain times of the year,when groundwater and its anticipated environmental effects. Preconstruction
<br /> provides water for stream flow.During dry periods, notification may be required by the terms and conditions of a
<br /> intermittent streams may not have flowing water.Runoff from nationwide permit,or by regional conditions.A pre-
<br /> rainfall is a supplemental source of water for stream flow. construction notification may be voluntarily submitted in cases
<br /> Loss of waters of the United States: Waters of the United Where preconstruction notification is not required and the
<br /> States that are permanently adversely affected by filling, project proponent wants confirmation that the activity is
<br /> flooding,excavation,or drainage because of the regulated authorized by nationwide permit.
<br /> activity.Permanent adverse effects include permanent Preservation: The removal of a threat to,or preventing the
<br /> discharges of dredged or fill material that change an aquatic decline of,aquatic resources by an action in or near those
<br /> area to dry land, increase the bottom elevation of a waterbody, aquatic resources.This term includes activities commonly
<br /> or change the use of a waterbody.The acreage of loss of associated with the protection and maintenance of aquatic
<br /> waters of the United States is a threshold measurement of the resources through the implementation of appropriate legal and
<br /> impact to jurisdictional waters for determining whether a physical mechanisms.Preservation does not result in a gain of
<br /> project may qualify for an NWP; it is not a net threshold that aquatic resource area or functions.
<br /> is calculated after considering compensatory mitigation that
<br /> may be used to offset losses of aquatic functions and services. Protected tribal resources: Those natural resources and
<br /> The loss of stream bed includes the acres or linear feet of properties of traditional or customary religious or cultural
<br /> stream bed that are filled or excavated as a result of the importance,either on or off Indian lands,retained by,or
<br /> regulated activity. Waters of the United States temporarily reserved by or for, Indian tribes through treaties, statutes,
<br /> judicial decisions,or executive orders,including tribal trust
<br /> filled,flooded,excavated,or drained,but restored to pre-
<br /> construction contours and elevations after construction,are not resources.
<br /> included in the measurement of loss of waters of the United
<br /> States. Impacts resulting from activities that do not require
<br /> Department of the Army authorization,such as activities
<br /> eligible for exemptions under section 404(f)of the Clean
<br /> Water Act,are not considered when calculating the loss of
<br /> waters of the United States.Navigable waters: Waters subject
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