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(9)For an activity that will occur in a component of the National Wild and Scenic River System,or in a river officially designated by <br /> Congress as a"study river"for possible inclusion in the system while the river is in an official study status,the PCN must identify the <br /> Wild and Scenic River or the"study river"(see general condition 16);and <br /> (10)For an activity that requires permission from the Corps pursuant to 33 U.S.C.408 because it will alter or temporarily or <br /> permanently occupy or use a U.S.Army Corps of Engineers federally authorized civil works project,the pre-construction notification <br /> must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the <br /> Corps office having jurisdiction over that USACE project. <br /> (c)Form of Pre-Construction Notification:The standard individual permit application form(Form ENG 4345)may be used,but the completed <br /> application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs(b)(1) <br /> through(10)of this general condition.A letter containing the required information may also be used.Applicants may provide electronic files of <br /> PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. <br /> (d)Agency Coordination: <br /> (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance <br /> with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that <br /> they are no more than minimal. <br /> (2)Agency coordination is required for: <br /> (i)all NWP activities that require preconstruction notification and result in the loss of greater than 1/2-acre of waters of the <br /> United States; <br /> (ii)NWP 21,29,39,40,42,43,44,50,51,and 52 activities that require pre-construction notification and will result in the <br /> loss of greater than 300 linear feet of stream bed; <br /> (iii)NWP 13 activities in excess of 500 linear feet,fills greater than one cubic yard per running foot,or involve discharges of <br /> dredged or fill material into special aquatic sites;and <br /> (iv)NWP 54 activities in excess of 500 linear feet,or that extend into the waterbody more than 30 feet from the mean low <br /> water line in tidal waters or the ordinary high water mark in the Great Lakes. <br /> (3)When agency coordination is required,the district engineer will immediately provide(e.g.,via e-mail,facsimile transmission, <br /> overnight mail,or other expeditious manner)a copy of the complete PCN to the appropriate Federal or state offices(FWS,state <br /> natural resource or water quality agency,EPA,and,if appropriate,the NMFS).With the district engineer via telephone,facsimile <br /> transmission,or e-mail that they intend to provide substantive,site-specific comments.The comments must explain why the agency <br /> believes the adverse environmental effects will be more than minimal.If so contacted by an agency,the district engineer will wait an <br /> additional 15 calendar days before making a decision on the pre-construction notification.The district engineer will fully consider <br /> agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and <br /> conditions of the NWPs,including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are <br /> no more than minimal.The district engineer will provide no response to the resource agency,except as provided below.The district <br /> engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' <br /> concerns were considered. For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in <br /> cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur.The district <br /> engineer will consider any comments received to decide whether the NWP 37 authorization should be modified,suspended,or <br /> revoked in accordance with the procedures at 33 CFR 330.5. <br /> (4)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within <br /> 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by section 305(b)(4)(B)of the <br /> Magnuson-Stevens Fishery Conservation and Management Act. <br /> (5)Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to <br /> expedite agency coordination. <br /> Page 7 of 7 <br />