2014-04-04_REVISION - M1978056 - Laserfiche WebLink

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