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impacts to potentially valuable uplands are reduced, wetland restoration should be the <br />first compensatory mitigation option considered. <br />(d) For losses of streams or other open waters that require pre - construction <br />notification, the district engineer may require compensatory mitigation, such as stream <br />restoration, to ensure that the activity results in minimal adverse effects on the aquatic <br />environment. <br />(e) Compensatory mitigation will not be used to increase the acreage losses <br />allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit <br />of 1/2 acre, it cannot be used to authorize any project resulting in the loss of greater than <br />1/2 acre of waters of the United States, even if compensatory mitigation is provided that <br />replaces or restores some of the lost waters. However, compensatory mitigation can and <br />should be used, as necessary, to ensure that a project already meeting the established <br />acreage limits also satisfies the minimal impact requirement associated with the NWPs. <br />(f) Compensatory mitigation plans for projects in or near streams or other open <br />waters will normally include a requirement for the establishment, maintenance, and legal <br />protection (e.g., conservation easements) of riparian areas next to open waters. In some <br />cases, riparian areas may be the only compensatory mitigation required. Riparian areas <br />should consist of native species. The width of the required riparian area will address <br />documented water quality or aquatic habitat loss concerns. Normally, the riparian area <br />will be 25 to 50 feet wide on each side of the stream, but the district engineer may require <br />slightly wider riparian areas to address documented water quality or habitat loss <br />concerns. Where both wetlands and open waters exist on the project site, the district <br />engineer will determine the appropriate compensatory mitigation (e.g., riparian areas <br />and /or wetlands compensation) based on what is best for the aquatic environment on a <br />watershed basis. In cases where riparian areas are determined to be the most appropriate <br />form of compensatory mitigation, the district engineer may waive or reduce the <br />requirement to provide wetland compensatory mitigation for wetland losses. <br />(g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements <br />or separate activity - specific compensatory mitigation. In all cases, the mitigation <br />provisions will specify the party responsible for accomplishing and/or complying with <br />the mitigation plan. <br />(h) Where certain functions and services of waters of the United States are <br />permanently adversely affected, such as the conversion of a forested or scrub -shrub <br />wetland to a herbaceous wetland in a permanently maintained utility line right -of -way, <br />mitigation may be required to reduce the adverse effects of the project to the minimal <br />level. <br />21. Water Quality Where States and authorized Tribes, or EPA where <br />applicable, have not previously certified compliance of an NWP with CWA Section 401, <br />individual 401 Water Quality Certification must be obtained or waived (see 33 CFR <br />330.4(c)). The district engineer or State or Tribe may require additional water quality <br />management measures to ensure that the authorized activity does not result in more than <br />minimal degradation of water quality. <br />22. Coastal Zone Management Not Applicable. <br />