Laserfiche WebLink
F. For projects requiring individual 401 certification, applicants must provide the EPA with the same <br />documentation provided to the Corps, (as described in Corps' National General Condition 31, Pre - <br />Construction Notification), including, when applicable: <br />(a) A description of the project, including site plans, project purpose, direct and indirect adverse <br />environmental effects the project would cause, any other U.S. Department of the Army <br />permits used or intended to use to authorize any part of the proposed project or any related <br />activity. <br />(b) Delineation of special aquatic sites and other waters of the United States. Wetland <br />delineations must be prepared in accordance with the current method required by the Corps. <br />(c) A statement describing how the mitigation requirement will be satisfied. A conceptual or <br />detailed mitigation or restoration plan may be submitted. <br />(d) Other applicable requirements of Corps National General Condition 31, Corps Regional <br />Conditions, or notification conditions of the applicable NWP. <br />A request for individual 401 certification- review is not complete until the EPA receives the <br />applicable documents noted above and the EPA has received a copy of the final authorization letter from <br />the Corps providing coverage for a proposed project or activity under the NWP Program. <br />G. No activity, including structures and work in navigable waters of the United States or discharges <br />of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) <br />and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see <br />Section 307 of the Clean Water Act). <br />H. An individual 401 certification is based on adequate compensatory mitigation being provided for <br />aquatic resource and other water quality -related impacts of projects or activities authorized under the <br />NWP Program. <br />A 401 certification is contingent upon written approval from the EPA of the compensatory <br />mitigation plan for projects and activities resulting in any of the following: <br />• impacts to any aquatic resources requiring special protection (as defined in EPA General <br />Condition A or Corps General Regional Condition 1) <br />• any impacts to tidal waters or non -tidal waters adjacent to tidal waters (applies to NWP 14) <br />• Or, any impacts to aquatic resources greater than 1/ acre. <br />Compensatory mitigation plans submitted to the EPA shall be based on the Joint Agency guidance <br />provided in WetlandMitigation in Washington State, Parts I and 2 (Ecology Publication #06-06-011 a <br />and #06-06-011b) and shall, at a minimum, include the following: <br />(1) A description of the measures taken to avoid and minimize impacts to wetlands and other <br />waters of the U.S. <br />(2) The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded) <br />(3) The rationale for the mitigation site that was selected <br />(4) The goals and objectives of the compensatory mitigation project <br />(5) How the mitigation project will be accomplished, including proposed performance standards <br />for measuring success (including meeting planting success standard of 80 percent survival <br />19 <br />