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14. h --per Maintenance. Any authorized structure or (ill shall be properly maintained, <br />including 11idlitcnalice to CIiSLII'C pUblic safety and compliance with applicable NWP general <br />conditions, as well as any activity - specific conditions added by the district engineer to an NWP <br />aulhorization. <br />15. Single and Complete Prokd. The activity Plus( be a Single and complc(c project. <br />The slime NWP cannot be used more than once for the same single and corllple(e project. <br />16. Wild and Scenic Rivers. No activity may occur in a component ol'thc National Wild <br />and Scenic Rivcr System, or in a river olTiicially designated by Congress as a "study river" Ibr <br />possible inclusion in the system while the river is in an official study status, unless the <br />appropriate federal agency with direct management responsibility Ior SLICK river, has deternmied <br />in writing that the proposed activity will not adversely affect the Wild and Scenic Rivcr <br />designation or study status. Information on Wild and Scenic Rivers may be obtained From the <br />appropriate Federal land management agency responsible tot' the designated Wild all(1 NccniC <br />River or study river (e.g., National Part. Service, U.S. forest SCi'VICC, Bureau ol' hand <br />Management, U.S. Dish and Wildlife Service). <br />17. 'Tribal Rights. No activity or its operation may impair reserved lriNil rights, <br />including, but not limited to, reserved water rights and treaty fishing and IlLlntinf�, rights. <br />18. E'ndan <gyered Species. (a) No activity is authorized under any NWI' which is likely to <br />directly of indirectly,icopai`dizc the continued existence of 'a threatened of Crldallgcr'ed Species or <br />a Species proposed Ibl' such designation, as identi l tcd under the Federal L'ndangcrcd Species Act <br />(FSA), or which will directly or indirectly destroy or adversely modily the critical habitat of such <br />species. No activity is authorized under any NWP which "play affect" a listed species or critical <br />habitat, unless Section 7 consultation addressing the effects of the proposed activity has been <br />corllple(ed. <br />(b) Fcdcral agencies should follow their own procedLircS for complying with the <br />rcquircmentS ol'thc ESA. Federal permittecs must provide file district engineer with the <br />appropriate documentation to demonstrate compliance with those requirements. The district <br />engineer will review the documentation and determine whether it is sufficient to address l;NA <br />compliance foi' the NWP activity, of whether additional I;SA consultation is necessary. <br />(c) Non- Iederal permiltees must submit a prc- construction notification to the district <br />engineer ifany listed species or designated critical habitat might be affected or is in the vicinity <br />of' tile project, or i[ the project is located in designated critical habitat, and shall not begin wort: <br />on the activity until notified by the district engineer that the requircmentS of the I,,SA have been <br />satished and that the activity is authorized. For activities that might aflcct Federally- listed <br />endangCred of threatened species or designated critical habitat, (he pre- construction notification <br />IIIL1St include the narric(s) ol'the endangered or threatened species that might be aftccted by the <br />proposed work of that Litilize the designated critical habitat that ]night be at fectcd by the <br />proposed work. The district engineer will determine whether the proposed activity "may of tcet" <br />or will have "no eficet" to listed species and designated critical habitat and will notily the lion - <br />Federal applicant ol'the Corps' determination within 45 days ofreceipt of -a complete pre - <br />ConStruction notification. In cases where the non - Federal applicant has identiticd listed species or <br />critical habitat that might be affected of is in the vicinity of the project, and has So notified the <br />4 <br />