2014-04-04_REVISION - M1978056 - Laserfiche WebLink

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Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non- Fedcral applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of iarmal or informal consultation with the FWS or NMFS the district engineer may add species - specific regional endangered species conditions to the N W Ps. (c) Authorization of an activity by a NWP does not authorize the "take" oI it threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an I;SA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The endangcred Species Act prohibits any person subiect to the jurisdiction of the United States to take a listed species, where "take" means to harass, Harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or iniures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (I) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the officcs of the U.S. FWS and NMI-S or their world wide web pages at http: / /www.Iws.gov/ or http; / /www.fws.gov /ipac and http ://www.noaa.gov /fishories,litgtl respectively. 19. Migratory Birds and Bald and Golden Eagles. The pcnnittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits arc required for a particular activity. 20. Historic Properties. (a) in eases where the district engineer determines that the activity may alTcct properties listed, or eligible for listing, in the National Register of 1 listoric Places, the activity is not authorized, until the requirements of Section 106 oI- the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal pennittees should follow their own procedures for complying with the requirements of Section 106 of the National Iistoric Preservation Act. Federal permittecs 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 section 106 compliance for the NWP activity, or whether additional. section 106 consultation is necessary. (c) Non - federal permittecs must submit a prc- construction notification to the district engineer if the authorizxd activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing oaf the National Register of Historic Places, including previously unidentified properties. For such activities, the pre- construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the