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mitigation,including the achievement of ecological performance standards,will be addressed separately by the district engineer.The Corps will provide
<br /> the permittee the certification document with the NWP verification letter.The certification document will include:
<br /> (a)A statement that the authorized activity was done in accordance with the NWP authorization,including any general,regional, or activity-
<br /> specific conditions;
<br /> (b)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If
<br /> credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements,the certification must include
<br /> the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits;
<br /> and
<br /> (c)The signature of the permittee certifying the completion of the activity and mitigation.The completed certification document must be
<br /> submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory
<br /> mitigation,whichever occurs later.
<br /> 31.Activities Affecting Structures or Works Built by the United States.If an NWP activity also requires permission from the Corps pursuant to 33
<br /> U.S.C.408 because it will alter or temporarily or permanently occupy or use a U.S.Army Corps of Engineers(USAGE)federally authorized Civil Works
<br /> project(a"USACE project"),the prospective permittee must submit a pre-construction notification.See paragraph(b)(10)of general condition 32.An
<br /> activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter,occupy,
<br /> or use the USACE project,and the district engineer issues a written NWP verification.
<br /> 32.Pre-Construction Notification.
<br /> (a)Timing.Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a preconstruction
<br /> notification(PCN)as early as possible.The district engineer must determine if the PCN is complete within 30 calendar days of the date of
<br /> receipt and,if the PCN is determined to be incomplete,notify the prospective permittee within that 30 day period to request the additional
<br /> information necessary to make the PCN complete.The request must specify the information needed to make the PCN complete.As a general
<br /> rule,district engineers will request additional information necessary to make the PCN complete only once.However,if the prospective permittee
<br /> does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete
<br /> and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective
<br /> permittee shall not begin the activity until either:
<br /> (1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions
<br /> imposed by the district or division engineer;or
<br /> (2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not
<br /> received written notice from the district or division engineer.However,if the permittee was required to notify the Corps pursuant to
<br /> general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity,or to notify the Corps
<br /> pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties,the permittee cannot
<br /> begin the activity until receiving written notification from the Corps that there is"no effect"on listed species or"no potential to cause
<br /> effects"on historic properties,or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))
<br /> and/or section 106 of the National Historic Preservation Act(see 33 CFR 330.4(g))has been completed.Also,work cannot begin
<br /> under NWPs 21,49,or 50 until the permittee has received written approval from the Corps.If the proposed activity requires a written
<br /> waiver to exceed specified limits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver. If the
<br /> district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a
<br /> complete PCN,the permittee cannot begin the activity until an individual permit has been obtained.Subsequently,the permittee's right
<br /> to proceed under the NWP may be modified,suspended,or revoked only in accordance with the procedure set forth in 33 CFR
<br /> 330.5(d)(2).
<br /> (b)Contents of Pre-Construction Notification:The PCN must be in writing and include the following information:
<br /> (1)Name,address and telephone numbers of the prospective permittee;
<br /> (2)Location of the proposed activity;
<br /> (3)Identify the specific NWP or NWP(s)the prospective permittee wants to use to authorize the proposed activity;
<br /> (4)A description of the proposed activity;the activity's purpose;direct and indirect adverse environmental effects the activity would
<br /> cause,including the anticipated amount of loss of wetlands,other special aquatic sites,and other waters expected to result from the
<br /> NWP activity,in acres,linear feet,or other appropriate unit of measure;a description of any proposed mitigation measures intended to
<br /> reduce the adverse environmental effects caused by the proposed activity;and any other NWP(s),regional general permit(s),or
<br /> individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity,including other
<br /> separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction
<br /> notification.The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the
<br /> district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the
<br /> need for compensatory mitigation or other mitigation measures.For single and complete linear projects,the PCN must include the
<br /> quantity of anticipated losses of wetlands,other special aquatic sites,and other waters for each single and complete crossing of those
<br /> wetlands,other special aquatic sites,and other waters.Sketches should be provided when necessary to show that the activity
<br /> complies with the terms of the NWP.(Sketches usually clarify the activity and when provided results in a quicker decision.Sketches
<br /> should contain sufficient detail to provide an illustrative description of the proposed activity(e.g.,a conceptual plan),but do not need
<br /> to be detailed engineering plans);
<br /> (5)The PCN must include a delineation of wetlands,other special aquatic sites,and other waters,such as lakes and ponds,and
<br /> perennial,intermittent,and ephemeral streams,on the project site.Wetland delineations must be prepared in accordance with the
<br /> current method required by the Corps.The permittee may ask the Corps to delineate the special aquatic sites and other waters on the
<br /> project site,but there may be a delay if the Corps does the delineation,especially if the project site is large or contains many
<br /> wetlands,other special aquatic sites,and other waters.Furthermore,the 45 day period will not start until the delineation has been
<br /> submitted to or completed by the Corps,as appropriate;
<br /> (6)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee
<br /> must submit a statement describing how the mitigation requirement will be satisfied,or explaining why the adverse environmental
<br /> effects are no more than minimal and why compensatory mitigation should not be required.As an altemative,the prospective
<br /> permittee may submit a conceptual or detailed mitigation plan.
<br /> (7)For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity,or
<br /> if the activity is located in designated critical habitat,the PCN must include the name(s)of those endangered or threatened species
<br /> that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity.
<br /> For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating
<br /> compliance with the Endangered Species Act;
<br /> (8)For non-Federal permittees,if the NWP activity might have the potential to cause effects to a historic property listed on,determined
<br /> to be eligible for listing on,or potentially eligible for listing on,the National Register of Historic Places,the PCN must state which
<br /> historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the
<br /> historic property.For NWP activities that require pre construction notification,Federal permittees must provide documentation
<br /> demonstrating compliance with section 106 of the National Historic Preservation Act;
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