Laserfiche WebLink
(with the mitigation proposal) are determined by the District Engineer to be minimal, the <br /> District Engineer will provide a timely written response to the applicant informing him that <br /> the project can proceed under the terms and conditions of the nationwide permit. <br /> e. Wetland delineations must be preparers 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 contribute <br /> to the restoration, creation, replacement, enhancement, or preservation of wetlands. <br /> Furthermore, examples of mitigation that may 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 of 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 intake except where the discharge is for repair of the public water supply <br /> intake structures or adjacent bank stabilization. <br /> 2. No discharge of dredged or fill material may occur in areas of concentrated <br /> shellfish production, unless the discharge is directed related to a shellfish production, unless <br /> the discharge is directly related to a shellfish harvesting activity authorized by Nationwide <br /> 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. Discharges of dredged or fill material into waters of the United States must be <br /> minimized or avoided to the maximum extent practicable at the project site (i.e. on site), <br /> unless the District Engineer has approved a compensation mitigation plan for the specific <br /> regulated activity. <br /> 5 <br />