2014-04-04_REVISION - M1978056 - Laserfiche WebLink

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National Register of i listoric Places (see 33 CFR 330.4(8)). When reviewing pre - construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer ~hall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on (lie historic. properties. Where the non - federal applicant has identified historic properties on which (lie activity may have the potential to cause effects and so notified the Corps, the icon- federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the Ni IPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of complete pre- construction notification whether NFIPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(x)). If NIIPA section 106 consultation is required and will occur, the district engineer will notify the non - Fedcral applicant that he or she cannot begin work until Section 106 consultation is completed. If* the non- Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (c) Prospective permittces should be aware that section 110k of the NI li'A (16 U.S.C. 470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NI-iPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACUIP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. if circumstances justify granting the assistance, the Corps is required to notify the AC'I Wand provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation mast include any views obtained from the applicant, SHPO/T11PO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. Ifyou discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorised by this permit, you must immediately notify the district engineer ofwhat you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Itcgistcr of' Ilistorie Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.