Laserfiche WebLink
• (2) That project is authorized under the nationwide permit subject to the <br />applicant's submrtting mitigation proposal that would reduce the adverse effects to the <br />minimal level. This mitigation proposal must be approved by the District Engineer prior to <br />commencing work. If the prospective permittee elects to submit a mitigation plan, the <br />District Engineer will expeditiously review the proposed mitigation plan, but will not <br />commence a second 30 day notification procedure. If the net adverse effects of the project <br />(with the mitigation proposal) are determined by the District Engineer will provide a timely <br />written response to the applicant informing him that the project can proceed under the terms <br />and conditions of the nationwide permit. <br />e. Wetland delineations must be prepared in accordance with the current method <br />required by the Corps. The permittee may ask the Corps to delineate the special aquatic <br />site. There may be some delay if the Corps does the delineation. Furthermore, the 30 day <br />period will not start until the wetland delineation has been completed. <br />f. Factors that the District Engineer will consider when determining the acceptability <br />of appropriate and practicable mitigation include, but are not limited to: <br />(1) To be practicable, the mitigation must be available and capable of being <br />done considering costs, existing technology, and logistics in light of overall project <br />purposes; and, <br />(2) To the extent appropriate, permittees should consider mitigation banking <br />and other forms of mitigation including contributions to wetland trust funds which wntribute <br />to the restoration, creation, replacement, enhancement, or preservation of wetlands. <br />• Furthermore, examples of mitigation that my be appropriate and practicable include <br />but are not limited to: reducing the size of the project; establishing buffer zones to protect <br />aquatic resource values; and replacing the loss of aquatic resource values by creating, <br />restoring, and enhancing similar functions and values. In addition, mitigation must address <br />impacts and cannot be used to offset the acreage or wetland losses that would occur in order <br />to meet the acreage limits of some of the nationwide permits (e.g. five acres of wetlands <br />cannot be created to change a six acre loss of wetlands to a one acre loss; however, the five <br />created acres can be used to reduce the impacts of the six acre loss)... <br />B. SECTION 404 ONLY CONDITIONS. In addition to the General Conditions, the <br />following conditions apply only to activities that involve the discharge of dredged or fill <br />material and must be followed in order for authorization by the nationwide permits to be <br />valid: <br />1. No discharge of dredged or fill material may occur in the proximity of a public <br />water supply intalae except where the discharge is for repair of the public water supply <br />intake structures or adjacent bank stabilization. <br />2. No dischazge of dredged or fill material may occur in areas of concentrated <br />shellfish production, unless the discharge is directly related to a shellfish harvesting activity <br />authorized by Nationwide Permit 4. <br />3. No discharge of dredged or fill material may consist of unsuitable material (e.g. <br />trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in <br />• toxic amounts (see Section 307 of the Clean Water Act). <br />4 <br />