Page 96 - _ 180314 Special Yucaipa GSA Packet

Nationwide Permit 6 Effective Date: March 19, 2012

(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary
and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site)
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource
losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are
minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that
exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that
either some other form of mitigation would be more environmentally appropriate or the adverse effects of the
proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of
1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the
aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply
with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if
compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic
environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,
wetland restoration should be the first compensatory mitigation option considered.
(3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for
submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make
the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements
of 33 CFR 332.4(c)(2) (14) must be approved by the district engineer before the permittee begins work in waters
of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR
332.3(k)(3)).
(4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs
to address the baseline conditions at the impact site and the number of credits to be provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory
mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through
conditions added to the NWP authorization, instead of components of a compensatory mitigation plan
(d) For losses of streams or other open waters that require pre-construction notification, the district
engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to
ensure that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of
the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project
resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is
provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be
used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally
include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation
easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory
mitigation required. Riparian areas should consist of native species. The width of the required riparian area will
address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet
wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a
stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single
bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district
engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation)
based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined
to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee-
responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible
compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs
in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-

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Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 92 of 226