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Corps, (Ile applicant shall not begin work until the Corps has provided notification the proposed ilctivltics will have "no effect" on listed Spccics or critical habitat, or until SCC(ioil 7 consultation has beell completed. If the 11011-Federal applicant has not heard back from the Corps withill 45 clays, the applicant lutist still wait for notification from the Corps. (d) As a result of formal of 1n1orlllal consultation with (Ile I'WS or NMFS (he clisirict engineer may add species- specilic regional endangered species conditions to (he NWPs. (c) Authorization ofan Activity by aNWP does not authorize the "take" ofa (hrc itened or endangered species as defined under the ESA. 1n the absence of separate authorize lion (c.g., an I?SA Section 10 Permit, a Biological Opinion with "iilcidelltal take" provisions, ctc.) front the 11.5. V WS or the NMFS, The I?ndangered Species Act prohibits any person silbjec( to the jurisdichoil of tllc Uilited States to take a listed species, where "lake" mcims (o harass, llarill, pursue, built, Shoot, wound, kill, trap, Caj*11'e, 01' COIICCt, or t0 attempt to CllgagC ill ally Stich conduct. The word "harm" in the definition of "take" means in act which actually kills or injures wildlife. Such in act may include significant habitat n-iodlhcation of degradatlotl where it actually kills of in wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) information oil the location ofthrcatencd and. endangered species mid (Veil' critical habitat can be obtained directly from the offices of the U.S. U WS and NMI-',')' or their world wide web pages at llttp: / /www.tws.gov/ or llttp: / /www.fws.gov /il)ac and lltth://w ww .iloa,i.goy /flslierics.litllll respectively. 19. Migratory Birds and Bald and Golden Eagjes. The pernlittee is responsible (i>r obtaining any "take" permits required under the U.S. Dish and Wildlife SCI'VICC'S regulations governing compliance with the Migratory Bird Treaty Act or the Bald and GoIclen i -agle Protection Act. The permittee should contact the appropriate local office of (he U.S. Dish and Wildlilc. Service to determine if such "take" permits are regUll'Cd for a particular activity. 20. llistoi•ic Properties. (a) Ill cases where the district cllgince' detcrillllles that the activity may affect properties listed, or eligible for listing, in the National Register of l listoric Places, the activity is not authorized, until the requirements of Section 106 of the National I listoric Preservation Act (NIJPA) have been satisfied. (b) Federal permittecs should follow their own procedures Ior complying with the rC(IUII'C111ClltS of Section 106 of the National Historic Preservation Act. Pederal permit Ices must provide the district engineer with the appropriate docuri-ientatioll to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non - federal permittecs must submit a pre- conslructioll notification to lie district Cllginccr if111c authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible I'm listing on, or potentially eligible for listing on (he National Register ofFlistoric Places, including previously unidentified properliCS. for such activities, the pre - construction Motif ication must state which historic properties play be al7cctccl by the proposed work or include a vicinity snap indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding nilormation oil the location of of potential I0r the presence of llistoric resources can be SOClght from the State I Iistoric Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the