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is <br />14. Prover Maintenance. Any authorized structure or fill shall be properly maintained, <br />including maintenance to ensure public safety and compliance with applicable NWP general <br />conditions, as well as any activity- specific conditions added by (lie district engineer to an NWP <br />authorization. <br />1.5. Single and Complete Project. The activity must be a single and complete project. <br />`['he same NWP cannot be used more than once for the same single and complete project. <br />16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild <br />and Scenic River System, or in a river officially designated by Congress as a "study river" for <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 for such river, has determine([ <br />in writing that the proposed activity will not adversely affect the Wild and Scenic River <br />designation or study status. Information on Wild and Scenic Rivers may be obtained from the <br />appropriate Federal land management agency responsible for the designated Wild and Scenic <br />River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of hand <br />Management, U.S. Dish an(] Wildlife Service). <br />17. Tribal Rights. No activity or its operation may impair reserved tribal rights, <br />including, but not limited to, reserved water rights and treaty fishing and hunting rights. <br />18. Endangered Snecics. (a) No activity is authorized under any NWP which is likely to <br />directly or indirectly jeopardize the continued existence of *a threatened or endangered species or <br />a species proposed for such designation, as identified under the Federal Endangered Species Act <br />(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat ofsuch <br />species. No activity is authorized under any NWP which "may a&ct" a listed species or critical <br />habitat, unless Section 7 consultation addressing the clfects of the proposed activity has been <br />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. The district <br />engineer will review the documentation and determine whether it is sufficient to address ENA <br />compliance for the NWP activity, or whether additional ESA consultation is necessary. <br />(c) Non - federal permittccs must submit a prc- construction notification to the district <br />engineer if any listed species or designated critical habitat might be affected or is in the vicinity <br />of the project, or il'the project is located in designated critical habitat, and shall not begin work <br />on the activity until notified by the district engineer that the requirements of the ESA have been <br />satisfied 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 notification <br />must include the name(s) ol'the endangered or threatened species that might be aflccted by the <br />proposed work or that utilize the designated critical habitat that might be aticcted by the <br />proposed work. The district engineer will determine whether the proposed activity "may affect" <br />or will have "no effect" to listed species and designated critical habitat and will notify the non - <br />Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - <br />construction notification. In cases where the non- fiederal applicant has identified listed species or <br />critical habitat that might be affected or is in the vicinity of the project, and has so notified the <br />a] <br />