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Nationwide Permit 6 Summary <br />strong winds such as those accompanying a hurricane or other <br />intense storm. <br />Historic Property: Any prehistoric or historic district, site <br />(including archaeological site), building, structure, or other <br />object included in, or eligible for inclusion in, the National <br />Register of Historic Places maintained by the Secretary of the <br />Interior. This term includes artifacts, records, and remains that <br />are related to and located within such properties. The term <br />includes properties of traditional religious and cultural <br />importance to an Indian tribe or Native Hawaiian organization <br />and that meet the National Register criteria (36 CFR part 60). <br />Independent utility: A test to determine what constitutes a <br />single and complete non-linear project in the Corps <br />Regulatory Program. A project is considered to have <br />independent utility if it would be constructed absent the <br />construction of other projects in the project area. Portions of a <br />multi -phase project that depend upon other phases of the <br />project do not have independent utility. Phases of a project <br />that would be constructed even if the other phases were not <br />built can be considered as separate single and complete <br />projects with independent utility. <br />Indirect effects: Effects that are caused by the activity and are <br />later in time or farther removed in distance, but are still <br />reasonably foreseeable. <br />Intermittent stream: An intermittent stream has flowing <br />water during certain times of the year, when groundwater <br />provides water for stream flow. During dry periods, <br />intermittent streams may not have flowing water. Runoff from <br />rainfall is a supplemental source of water for stream flow. <br />Loss of waters of the United States: Waters of the United <br />States that are permanently adversely affected by filling, <br />flooding, excavation, or drainage because of the regulated <br />activity. Permanent adverse effects include permanent <br />discharges of dredged or fill material that change an aquatic <br />area to dry land, increase the bottom elevation of a waterbody, <br />or change the use of a waterbody. The acreage of loss of <br />waters of the United States is a threshold measurement of the <br />impact to jurisdictional waters for determining whether a <br />project may qualify for an NWP; it is not a net threshold that <br />is calculated after considering compensatory mitigation that <br />may be used to offset losses of aquatic functions and services. <br />The loss of stream bed includes the acres or linear feet of <br />stream bed that are filled or excavated as a result of the <br />regulated activity. Waters of the United States temporarily <br />filled, flooded, excavated, or drained, but restored to pre - <br />construction contours and elevations after construction, are not <br />included in the measurement of loss of waters of the United <br />States. Impacts resulting from activities that do not require <br />Department of the Army authorization, such as activities <br />eligible for exemptions under section 404(f) of the Clean <br />Water Act, are not considered when calculating the loss of <br />waters of the United States. Navigable waters: Waters subject <br />to section 10 of the Rivers and Harbors Act of 1899. These <br />waters are defined at 33 CFR part 329. <br />Non -tidal wetland: A non -tidal wetland is a wetland that is <br />not subject to the ebb and flow of tidal waters. Nontidal <br />wetlands contiguous to tidal waters are located landward of <br />the high tide line (i.e., spring high tide line). <br />Page 11 <br />Open water: For purposes of the NWPs, an open water is any <br />area that in a year with normal patterns of precipitation has <br />water flowing or standing above ground to the extent that an <br />ordinary high water mark can be determined. Aquatic <br />vegetation within the area of flowing or standing water is <br />either non -emergent, sparse, or absent. Vegetated shallows are <br />considered to be open waters. Examples of "open waters" <br />include rivers, streams, lakes, and ponds. <br />Ordinary High Water Mark: An ordinary high water mark is <br />a line on the shore established by the fluctuations of water and <br />indicated by physical characteristics, or by other appropriate <br />means that consider the characteristics of the surrounding <br />areas. <br />Perennial stream: A perennial stream has flowing water year- <br />round during a typical year. The water table is located above <br />the stream bed for most of the year. Groundwater is the <br />primary source of water for stream flow. Runoff from rainfall <br />is a supplemental source of water for stream flow. <br />Practicable: Available and capable of being done after taking <br />into consideration cost, existing technology, and logistics in <br />light of overall project purposes. <br />Pre -construction notification: A request submitted by the <br />project proponent to the Corps for confirmation that a <br />particular activity is authorized by nationwide permit. The <br />request may be a permit application, letter, or similar <br />document that includes information about the proposed work <br />and its anticipated environmental effects. Preconstruction <br />notification may be required by the terms and conditions of a <br />nationwide permit, or by regional conditions. A pre - <br />construction notification may be voluntarily submitted in cases <br />where preconstruction notification is not required and the <br />project proponent wants confirmation that the activity is <br />authorized by nationwide permit. <br />Preservation: The removal of a threat to, or preventing the <br />decline of, aquatic resources by an action in or near those <br />aquatic resources. This term includes activities commonly <br />associated with the protection and maintenance of aquatic <br />resources through the implementation of appropriate legal and <br />physical mechanisms. Preservation does not result in a gain of <br />aquatic resource area or functions. <br />Protected tribal resources: Those natural resources and <br />properties of traditional or customary religious or cultural <br />importance, either on or off Indian lands, retained by, or <br />reserved by or for, Indian tribes through treaties, statutes, <br />judicial decisions, or executive orders, including tribal trust <br />resources. <br />Re-establishment: The manipulation of the physical, <br />chemical, or biological characteristics of a site with the goal of <br />returning naturalihistoric functions to a former aquatic <br />resource. Reestablishment results in rebuilding a former <br />aquatic resource and results in a gain in aquatic resource area <br />and functions. <br />Rehabilitation: The manipulation of the physical, chemical, <br />or biological characteristics of a site with the goal of repairing <br />natural/historic functions to a degraded aquatic resource. <br />Rehabilitation results in a gain in aquatic resource function, <br />but does not result in a gain in aquatic resource area. <br />