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17. Endangered Species. (a) No activity is authorized under any NWP which is <br />likely to jeopardize the continued existence of a threatened or endangered species or a <br />species proposed for such designation, as identified under the Federal Endangered <br />Species Act (ESA), or which will destroy or adversely modify the critical habitat of such <br />species. No activity is authorized under any NWP which "may affect" a listed species or <br />critical habitat, unless Section 7 consultation addressing the effects of the proposed <br />activity has been completed. <br />(b) Federal agencies should follow their own procedures for complying with the <br />requirements of the ESA. Federal permittees must provide the district engineer with the <br />appropriate documentation to demonstrate compliance with those requirements. <br />(c) Non - federal permittees shall notify the district engineer if any listed species or <br />designated critical habitat might be affected or is in the vicinity of the project, or if the <br />project is located in designated critical habitat, and shall not begin work on the activity <br />until notified by the district engineer that the requirements of the ESA have been satisfied <br />and that the activity is authorized. For activities that might affect Federally- listed <br />endangered or threatened species or designated critical habitat, the pre - construction <br />notification must include the name(s) of the endangered or threatened species that may be <br />affected by the proposed work or that utilize the designated critical habitat that may be <br />affected by the proposed work. The district engineer will determine whether the proposed <br />activity "may affect" or will have "no effect" to listed species and designated critical <br />habitat and will notify the non - Federal applicant of the Corps' determination within 45 <br />days of receipt of a complete pre- construction notification. In cases where the non- <br />Federal applicant has identified listed species or critical habitat that might be affected or <br />is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin <br />work until the Corps has provided notification the proposed activities will have "no <br />effect" on listed species or critical habitat, or until Section 7 consultation has been <br />completed. <br />(d) As a result of formal or informal consultation with the FWS or NMFS the <br />district engineer may add species - specific regional endangered species conditions to the <br />NWPs. <br />(e) Authorization of an activity by a NWP does not authorize the "take" of a <br />threatened or endangered species as defined under the ESA. In the absence of separate <br />authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental <br />take" provisions, etc.) from the U.S. FWS or the NMFS, both lethal and non - lethal <br />"takes" of protected species are in violation of the ESA. Information on the location of <br />threatened and endangered species and their critical habitat can be obtained directly from <br />the offices of the U.S. FWS and NMFS or their world wide Web pages at <br />http: / /www.fws.gov/ and http : / /www.noaa.gov /fisheries.html respectively. <br />18. Historic Properties. (a) In cases where the district engineer determines that <br />the activity may affect properties listed, or eligible for listing, in the National Register of <br />Historic Places, the activity is not authorized, until the requirements of Section 106 of the <br />National Historic Preservation Act (NHPA) have been satisfied. <br />(b) Federal permittees should follow their own procedures for complying with the <br />requirements of Section 106 of the National Historic Preservation Act. Federal permittees <br />