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Nationwide Permit 33 Summary Page 4
<br /> ❑ (a) In cases where the district engineer determines properties on which the activity might have the potential
<br /> that the activity may have the potential to cause effects to to cause effects and so notified the Corps,the non-Federal
<br /> properties listed,or eligible for listing, in the National applicant shall not begin the activity until notified by the
<br /> Register of Historic Places,the activity is not authorized, district engineer either that the activity has no potential to
<br /> until the requirements of Section 106 of the National cause effects to historic properties or that NHPA section
<br /> Historic Preservation Act(NHPA)have been satisfied. 106 consultation has been completed.
<br /> ❑ (b) Federal permittees should follow their own ❑ (d) For non-federal permittees,the district engineer
<br /> procedures for complying with the requirements of will notify the prospective permittee within 45 days of
<br /> section 106 of the National Historic Preservation Act. If receipt of a complete pre-construction notification
<br /> pre-construction notification is required for the proposed whether NHPA section 106 consultation is required.If
<br /> NWP activity,the Federal permittee must provide the NHPA section 106 consultation is required,the district
<br /> district engineer with the appropriate documentation to engineer will notify the non-Federal applicant that he or
<br /> demonstrate compliance with those requirements. The she cannot begin the activity until section 106
<br /> district engineer will verify that the appropriate consultation is completed.If the non-Federal applicant
<br /> documentation has been submitted. If the appropriate has not heard back from the Corps within 45 days,the
<br /> documentation is not submitted,then additional applicant must still wait for notification from the Corps.
<br /> consultation under section 106 may be necessary.The ❑ (e) Prospective permittees should be aware that
<br /> respective federal agency is responsible for fulfilling its section 110k of the NHPA(54 U.S.C.306113)prevents
<br /> obligation to comply with section 106.
<br /> the Corps from granting a permit or other assistance to an
<br /> ❑ (c) Non-federal permittees must submit a pre- applicant who,with intent to avoid the requirements of
<br /> construction notification to the district engineer if the section 106 of the NHPA,has intentionally significantly
<br /> NWP activity might have the potential to cause effects to adversely affected a historic property to which the permit
<br /> any historic properties listed on,determined to be eligible would relate,or having legal power to prevent it,allowed
<br /> for listing on,or potentially eligible for listing on the such significant adverse effect to occur,unless the Corps,
<br /> National Register of Historic Places, including previously after consultation with the Advisory Council on Historic
<br /> unidentified properties.For such activities,the Preservation(ACHP),determines that circumstances
<br /> preconstruction notification must state which historic justify granting such assistance despite the adverse effect
<br /> properties might have the potential to be affected by the created or permitted by the applicant. If circumstances
<br /> proposed NWP activity or include a vicinity map justify granting the assistance,the Corps is required to
<br /> indicating the location of the historic properties or the notify the ACHP and provide documentation specifying
<br /> potential for the presence of historic properties. the circumstances,the degree of damage to the integrity
<br /> Assistance regarding information on the location of,or of any historic properties affected,and proposed
<br /> potential for,the presence of historic properties can be mitigation.This documentation must include any views
<br /> sought from the State Historic Preservation Officer,Tribal obtained from the applicant, SHPO/THPO,appropriate
<br /> Historic Preservation Officer, or designated tribal Indian tribes if the undertaking occurs on or affects
<br /> representative,as appropriate,and the National Register historic properties on tribal lands or affects properties of
<br /> of Historic Places(see 33 CFR 330.4(g)). When interest to those tribes,and other parties known to have a
<br /> reviewing pre-construction notifications,district legitimate interest in the impacts to the permitted activity
<br /> engineers will comply with the current procedures for on historic properties.
<br /> addressing the requirements of section 106 of the National ❑ 21. Discovery of Previously Unknown Remains and
<br /> Historic Preservation Act. The district engineer shall Artifacts. If you discover any previously unknown historic,
<br /> make a reasonable and good faith effort to carry out cultural or archeological remains and artifacts while
<br /> appropriate identification efforts,which may include accomplishing the activity authorized by this permit,you must
<br /> background research,consultation,oral history immediately notify the district engineer of what you have found,
<br /> interviews,sample field investigation,and field survey. and to the maximum extent practicable,avoid construction
<br /> Based on the information submitted in the PCN and these activities that may affect the remains and artifacts until the
<br /> identification efforts,the district engineer shall determine required coordination has been completed. The district engineer
<br /> whether the proposed NWP activity has the potential to will initiate the Federal,Tribal,and state coordination required
<br /> cause effects on the historic properties. Section 106 to determine if the items or remains warrant a recovery effort or
<br /> consultation is not required when the district engineer if the site is eligible for listing in the National Register of
<br /> determines that the activity does not have the potential to Historic Places.
<br /> cause effects on historic properties(see 36 CFR 800.3(a)).
<br /> Section 106 consultation is required when the district ❑ 22. Designated Critical Resource Waters.Designated
<br /> engineer determines that the activity has the potential to Critical Resource Waters.Critical resource waters include,
<br /> cause effects on historic properties. The district engineer NOAA-managed marine sanctuaries and marine monuments,
<br /> will conduct consultation with consulting parties and National Estuarine Research Reserves. The district engineer
<br /> identified under 36 CFR 800.2(c)when he or she makes may designate,after notice and opportunity for public comment,
<br /> any of the following effect determinations for the additional waters officially designated by a state as having
<br /> purposes of section 106 of the NHPA:no historic particular environmental or ecological significance,such as
<br /> properties affected,no adverse effect,or adverse effect. outstanding national resource waters or state natural heritage
<br /> Where the non-Federal applicant has identified historic
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