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Nationwide 12 Permit Summary
<br />Compensatory mitigation: The restoration, establishment
<br />(creation), enhancement, or preservation of aquatic resources for
<br />the purpose of compensating for unavoidable adverse impacts
<br />which remain after all appropriate and practicable avoidance and
<br />minimization has been achieved.
<br />Currently serviceable: Useable as is or with some maintenance,
<br />but not so degraded as to essentially require reconstruction.
<br />Discharge: The term "discharge" means any discharge of
<br />dredged or fill material.
<br />Enhancement: The manipulation of the physical, chemical, or
<br />biological characteristics of an aquatic resource to heighten,
<br />intensify, or improve a specific aquatic resource function(s).
<br />Enhancement results in the gain of selected aquatic resource
<br />function(s), but may also lead to a decline in other aquatic
<br />resource function(s). Enhancement does not result in a gain in
<br />aquatic resource area.
<br />Ephemeral stream: An ephemeral stream has flowing water
<br />only during, and for a short duration after, precipitation events in
<br />a typical year. Ephemeral stream beds are located above the
<br />water table year-round. Groundwater is not a source of water for
<br />the stream. Runoff from rainfall is the primary source of water
<br />for stream flow.
<br />Establishment (creation): The manipulation of the physical,
<br />chemical, or biological characteristics present to develop an
<br />aquatic resource that did not previously exist at an upland site.
<br />Establishment results in a gain in aquatic resource area.
<br />Historic Property: Any prehistoric or historic district, site
<br />(including archaeological site), building, structure, or other
<br />object included in, or eligible for inclusion in, the National
<br />Register of Historic Places maintained by the Secretary of the
<br />Interior. This term includes artifacts, records, and remains that
<br />are related to and located within such properties. The term
<br />includes properties of traditional religious and cultural
<br />importance to an Indian tribe or Native Hawaiian organization
<br />and that meet the National Register criteria (36 CFR part 60).
<br />Independent utility: A test to determine what constitutes a
<br />single and complete project in the Corps regulatory program. A
<br />project is considered to have independent utility if it would be
<br />constructed absent the construction of other projects in the
<br />project area. Portions of a multi-phase project that depend upon
<br />other phases of the project do not have independent utility.
<br />Phases of a project that would be constructed even if the other
<br />phases were not built can be considered as separate single and
<br />complete projects with independent utility.
<br />Intermittent stream: An intermittent stream has flowing water
<br />during certain times of the year, when groundwater provides
<br />water for stream flow. During dry periods, intermittent streams
<br />may not have flowing water. Runoff from rainfall is a
<br />supplemental source of water for stream flow.
<br />Loss of waters of the United States: Waters of the United
<br />States that are permanently adversely affected by filling,
<br />flooding, excavation, or drainage because of the regulated
<br />activity. Permanent adverse effects include permanent
<br />discharges of dredged or fill material that change an aquatic area
<br />to dry land, increase the bottom elevation of a waterbody, or
<br />change the use of a waterbody. The acreage of loss of waters of
<br />the United States is a threshold measurement of the impact to
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<br />jurisdictional waters for determining whether a project may
<br />qualify for an NWP; it is not a net threshold that is calculated
<br />after considering compensatory mitigation that may be used to
<br />offset losses of aquatic functions and services. The loss of
<br />stream bed includes the linear feet of stream bed that is filled or
<br />excavated. Waters of the United States temporarily filled,
<br />flooded, excavated, or drained, but restored to pre-construction
<br />contours and elevations after construction, are not included in
<br />the measurement of loss of waters of the United States. Impacts
<br />resulting from activities eligible for exemptions under Section
<br />404(f) of the Clean Water Act are not considered when
<br />calculating the loss of waters of the United States.
<br />Non-tidal wetland: A non-tidal wetland is a wetland that is not
<br />subject to the ebb and flow of tidal waters. The definition of a
<br />wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands
<br />contiguous to tidal waters are located landward of the high tide
<br />line (i.e., spring high tide line).
<br />Open water: For purposes of the NWPs, an open water is any
<br />area that in a year with normal patterns of precipitation has water
<br />flowing or standing above ground to the extent that an ordinary
<br />high water mark can be determined. Aquatic vegetation within
<br />the area of standing or flowing water is either non-emergent,
<br />sparse, or absent. Vegetated shallows are considered to be open
<br />waters. Examples of "open waters" include rivers, streams,
<br />lakes, and ponds.
<br />Ordinary High Water Mark: An ordinary high water mark is a
<br />line on the shore established by the fluctuations of water and
<br />indicated by physical characteristics, or by other appropriate
<br />means that consider the characteristics of the surrounding areas
<br />(see 33 CFR 328.3(e)).
<br />Perennial stream: A perennial stream has flowing water year-
<br />round during a typical year. The water table is located above the
<br />stream bed for most of the year. Groundwater is the primary
<br />source of water for stream flow. Runoff from rainfall is a
<br />supplemental source of water for stream flow.
<br />Practicable: Available and capable of being done after taking
<br />into consideration cost, existing technology, and logistics in light
<br />of overall project purposes.
<br />Pre-construction notification: A request submitted by the
<br />project proponent to the Corps for confirmation that a particular
<br />activity is authorized by nationwide permit. The request may be
<br />a permit application, letter, or similar document that includes
<br />information about the proposed work and its anticipated
<br />environmental effects. Pre-construction notification may be
<br />required by the terms and conditions of a nationwide permit, or
<br />by regional conditions. A pre-construction notification may be
<br />voluntarily submitted in cases where pre-construction
<br />notification is not required and the project proponent wants
<br />confirmation that the activity is authorized by nationwide permit.
<br />Preservation: The removal of a threat to, or preventing the
<br />decline of, aquatic resources by an action in or near those
<br />aquatic resources. This term includes activities commonly
<br />associated with the protection and maintenance of aquatic
<br />resources through the implementation of appropriate legal and
<br />physical mechanisms. Preservation does not result in a gain of
<br />aquatic resource area or functions.
<br />Re-establishment: The manipulation of the physical, chemical,
<br />or biological characteristics of a site with the goal of returning
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