Page 97 - _ 180314 Special Yucaipa GSA Packet

Nationwide Permit 6 Effective Date: March 19, 2012

responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties
responsible for the implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(h) Where certain functions and services of waters of the United States are permanently adversely affected,
such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained
utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level.

24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed,
the district engineer may require non-Federal applicants to demonstrate that the structures comply with established
state dam safety criteria or have been designed by qualified persons. The district engineer may also require
documentation that the design has been independently reviewed by similarly qualified persons, and appropriate
modifications made to ensure safety.

25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously
certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be
obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water
quality management measures to ensure that the authorized activity does not result in more than minimal
degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously received a state
coastal zone management consistency concurrence, an individual state coastal zone management consistency
concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district
engineer or a State may require additional measures to ensure that the authorized activity is consistent with state
coastal zone management requirements.

27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that
may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added
by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state
in its Coastal Zone Management Act consistency determination.

28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single andcomplete project
is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed
the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal
waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum
acreage loss of waters of the United States for the total project cannot exceed 1/3-acre.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by
submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit
verification must be attached to the letter, and the letter must contain the following statement and signature:
structures or work authorized by this nationwide permit are still in existence at the time the property is
transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be
binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated

_____________________________________________
(Transferee)
_____________________________________________
(Date)

30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps
must provide a signed certification documenting completion of the authorized activity and any required
compensatory mitigation. The success of any required permittee responsible mitigation, including the achievement
of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide
the permittee the certification document with the NWP verification letter. The certification document will include:

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Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 93 of 226