2020-10-12_PERMIT FILE - M2020047

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Nationwide Permit 33 Summary Page 3 ❑ 18. Endangered Species. ❑ (d) As a result of formal or informal consultation ❑ (a) No activity is authorized under any NWP which with the FWS or NMFS the district engineer may add is likely to directly or indirectly jeopardize the continued species specific permit conditions to the NWPs. existence of a threatened or endangered species or a ❑ (e) Authorization of an activity by an NWP does not species proposed for such designation,as identified under authorize the "take" of a threatened or endangered the Federal Endangered Species Act(ESA),or which will species as defined under the ESA. In the absence of directly or indirectly destroy or adversely modify the separate authorization(e.g.,an ESA Section 10 Permit,a critical habitat of such species.No activity is authorized Biological Opinion with "incidental take" provisions, under any NWP which "may affect" a listed species or etc.)from the FWS or the NMFS,the Endangered Species critical habitat,unless ESA section 7 consultation Act prohibits any person subject to the jurisdiction of the addressing the effects of the proposed activity has been United States to take a listed species,where "take" completed.Direct effects are the immediate effects on means to harass,harm,pursue,hunt,shoot,wound,kill, listed species and critical habitat caused by the NWP trap,capture,or collect,or to attempt to engage in any activity.Indirect effects are those effects on listed species such conduct.The word"harm" in the definition of and critical habitat that are caused by the NWP activity "take" means an act which actually kills or injures and are later in time,but still are reasonably certain to wildlife.Such an act may include significant habitat occur. modification or degradation where it actually kills or ❑ (b) Federal agencies should follow their own injures wildlife by significantly impairing essential procedures for complying with the requirements of the behavioral patterns,including breeding,feeding or ESA. If preconstruction notification is required for the sheltering. proposed activity,the Federal permittee must provide the ❑ (f) f the non-federal permittee has a valid ESA district engineer with the appropriate documentation to section 10(a)(1)(B)incidental take permit with an demonstrate compliance with those requirements. The approved Habitat Conservation Plan for a project or a district engineer will verify that the appropriate group of projects that includes the proposed NWP documentation has been submitted. If the appropriate activity,the non-federal applicant should provide a copy documentation has not been submitted,additional ESA of that ESA section 10(a)(1)(B)permit with the PCN section 7 consultation may be necessary for the activity required by paragraph(c)of this general condition.The and the respective federal agency would be responsible district engineer will coordinate with the agency that for fulfilling its obligation under section 7 of the ESA. issued the ESA section 10(a)(1)(B)permit to determine ❑ (c) Non-federal permittees must submit a pre- whether the proposed NWP activity and the associated construction notification to the district engineer if any incidental take were considered in the internal ESA listed species or designated critical habitat might be section 7 consultation conducted for the ESA section affected or is in the vicinity of the activity,or if the 10(a)(1)(B)permit.If that coordination results in activity is located in designated critical habitat,and shall concurrence from the agency that the proposed NWP not begin work on the activity until notified by the district activity and the associated incidental take were engineer that the requirements of the ESA have been considered in the internal ESA section 7 consultation for satisfied and that the activity is authorized.For activities the ESA section 10(a)(1)(B)permit,the district engineer that might affect Federally-listed endangered or does not need to conduct a separate ESA section 7 threatened species or designated critical habitat,the pre- consultation for the proposed NWP activity. The district construction notification must include the name(s)of the engineer will notify the non-federal applicant within 45 endangered or threatened species that might be affected days of receipt of a complete pre-construction notification by the proposed activity or that utilize the designated whether the ESA section 10(a)(1)(B)permit covers the critical habitat that might be affected by the proposed proposed NWP activity or whether additional ESA activity. The district engineer will determine whether the section 7 consultation is required. proposed activity "may affect" or will have"no effect" ❑ (g) Information on the location of threatened and to listed species and designated critical habitat and will endangered species and their critical habitat can be notify the non-Federal applicant of the Corps' obtained directly from the offices of the FWS and NMFS determination within 45 days of receipt of a complete pre- or their world wide Web pages at http://www.fws.pov/or construction notification. In cases where the non-Federal http://www.fws.gov/ipac and applicant has identified listed species or critical habitat http://www.nmfs.noaa.gov/pr/species/esa/respectively. that might be affected or is in the vicinity of the activity, ❑ 19. Migratory Birds and Bald and Golden Eagles.The and has so notified the Corps,the applicant shall not permittee is responsible for ensuring their action complies with begin work until the Corps has provided notification that the Migratory Bird Treaty Act and the Bald and Golden Eagle the proposed activity will have "no effect" on listed Protection Act.The permittee is responsible for contacting species or critical habitat,or until ESA section 7 appropriate local office of the U.S.Fish and Wildlife Service to consultation has been completed.If the non-Federal determine applicable measures to reduce impacts to migratory applicant has not heard back from the Corps within 45 birds or eagles,including whether"incidental take" permits are days,the applicant must still wait for notification from the necessary and available under the Migratory Bird Treaty Act or Corps. Bald and Golden Eagle Protection Act for a particular activity. ❑ 20. Historic Properties.