|
required to notify the ACHP and provide documentation specifying the circumstances, the degree of
<br /> damage to the integrity of any historic properties affected, and proposed mitigation. This documentation
<br /> must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
<br /> undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those
<br /> tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on
<br /> historic properties.
<br /> 21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously
<br /> unknown historic, cultural or archeological remains and artifacts while accomplishing the activity
<br /> authorized by an NWP, they must immediately notify the district engineer of what they have found, and to
<br /> the maximum extent practicable, avoid construction activities that may affect the remains and artifacts
<br /> until the required coordination has been completed. The district engineer will initiate the Federal, Tribal,
<br /> and state coordination required to determine if the items or remains warrant a recovery effort or if the site
<br /> is eligible for listing in the National Register of Historic Places.
<br /> 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine
<br /> sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer
<br /> may designate, after notice and opportunity for public comment, additional waters officially designated by
<br /> a state as having particular environmental or ecological significance, such as outstanding national
<br /> resource waters or state natural heritage sites. The district engineer may also designate additional critical
<br /> resource waters after notice and opportunity for public comment.
<br /> (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,
<br /> 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or
<br /> directly affecting, critical resource waters, including wetlands adjacent to such waters.
<br /> (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is
<br /> required in accordance with general condition 32, for any activity proposed by permittees in the
<br /> designated critical resource waters including wetlands adjacent to those waters. The district engineer may
<br /> authorize activities under these NWPs only after she or he determines that the impacts to the critical
<br /> resource waters will be no more than minimal.
<br /> 23. Mitigation. The district engineer will consider the following factors when determining appropriate and
<br /> practicable mitigation necessary to ensure that the individual and cumulative adverse environmental
<br /> effects are no more than minimal:
<br /> (a)The activity must be designed and constructed to avoid and minimize adverse effects, both temporary
<br /> and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e.,
<br /> on site).
<br /> (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource
<br /> losses)will be required to the extent necessary to ensure that the individual and cumulative adverse
<br /> environmental effects are no more than minimal.
<br /> (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that
<br /> exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in
<br /> writing that either some other form of mitigation would be more environmentally appropriate or the
<br /> adverse environmental effects of the proposed activity are no more than minimal, and provides an
<br /> activity-specific waiver of this requirement. For wetland losses of 1/1 0-acre or less that require pre-
<br /> construction notification, the district engineer may determine on a case-by-case basis that compensatory
<br /> mitigation is required to ensure that the activity results in only minimal adverse environmental effects.
<br /> (d) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed
<br /> that exceed 3/100-acre and require pre-construction notification, unless the district engineer determines
<br /> in writing that either some other form of mitigation would be more environmentally appropriate or the
<br /> adverse environmental effects of the proposed activity are no more than minimal, and provides an
<br /> activity-specific waiver of this requirement. This compensatory mitigation requirement may be satisfied
<br /> through the restoration or enhancement of riparian areas next to streams in accordance with paragraph
<br /> 6
<br />
|