2020-10-12_PERMIT FILE - M2020047

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Nationwide Permit 33 Summary Page 7 mitigation.The success of any required permittee-responsible ❑ (1) He or she is notified in writing by the mitigation,including the achievement of ecological performance district engineer that the activity may proceed under standards,will be addressed separately by the district engineer. the NWP with any special conditions imposed by the The Corps will provide the permittee the certification document district or division engineer;or with the NWP verification letter.The certification document will ❑ (2) 45 calendar days have passed from the include: district engineer's receipt of the complete PCN and ❑ (a) A statement that the authorized activity was done the prospective permittee has not received written in accordance with the NWP authorization, including any notice from the district or division engineer. general,regional,or activity-specific conditions; However, if the permittee was required to notify the ❑ (b) A statement that the implementation of any Corps pursuant to general condition 18 that listed required compensatory mitigation was completed in species or critical habitat might be affected or are in accordance with the permit conditions. If credits from a the vicinity of the activity,or to notify the Corps mitigation bank or in-lieu fee program are used to satisfy pursuant to general condition 20 that the activity the compensatory mitigation requirements,the might have the potential to cause effects to historic certification must include the documentation required by properties,the permittee cannot begin the activity 33 CFR 332.3(1)(3)to confirm that the permittee secured until receiving written notification from the Corps the appropriate number and resource type of credits;and that there is "no effect" on listed species or"no potential to cause effects" on historic properties,or ❑ (c) The signature of the permittee certifying the that any consultation required under Section 7 of the completion of the activity and mitigation.The completed Endangered Species Act(see 33 CFR 330.4(f)) certification document must be submitted to the district and/or section 106 of the National Historic engineer within 30 days of completion of the authorized Preservation Act(see 33 CFR 330.4(g))has been activity or the implementation of any required completed.Also,work cannot begin under NWPs 21, compensatory mitigation,whichever occurs later. 49,or 50 until the permittee has received written ❑ 31. Activities Affecting Structures or Works Built by approval from the Corps. If the proposed activity the United States. If an NWP activity also requires permission requires a written waiver to exceed specified limits of from the Corps pursuant to 33 U.S.C.408 because it will alter or an NWP,the permittee may not begin the activity temporarily or permanently occupy or use a U.S.Army Corps of until the district engineer issues the waiver. If the district or division engineer notifies the permittee in Engineers(USACE)federally authorized Civil Works project(a writing that an individual permit is required within 45 "USACE project"),the prospective permittee must submit a calendar days of receipt of a complete PCN,the preconstruction notification. See paragraph(b)(10)of general permittee cannot begin the activity until an individual condition 32.An activity that requires section 408 permission is permit has been obtained. Subsequently,the not authorized by NWP until the appropriate Corps office issues permittee's right to proceed under the NWP may be the section 408 permission to alter,occupy,or use the USACE modified,suspended,or revoked only in accordance project,and the district engineer issues a written NWP with the procedure set forth in 33 CFR 330.5(d)(2). verification. ❑ (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following ❑ 32. Pre-Construction Notification. information: ❑ (a) Timing. Where required by the terms of the ❑ (1) Name,address and telephone numbers of NWP,the prospective permittee must notify the district the prospective permittee; engineer by submitting a pre-construction notification ❑ (2) Location of the proposed activity; (PCN)as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days ❑ (3) Identify the specific NWP or NWP(s)the of the date of receipt and, if the PCN is determined to be prospective permittee wants to use to authorize the incomplete,notify the prospective permittee within that proposed activity; 30 day period to request the additional information ❑ (4) A description of the proposed activity;the necessary to make the PCN complete. The request must activity'spurpose;direct and indirect adverse specify the information needed to make the PCN p environmental effects the activity would cause, complete.As a general rule,district engineers will request including the anticipated amount of loss of wetlands, additional information necessary to make the PCN other special aquatic sites,and other waters expected complete only once. However, if the prospective to result from the NWP activity,in acres, linear feet, permittee does not provide all of the requested or other appropriate unit of measure;a description of information,then the district engineer will notify the any proposed mitigation measures intended to reduce prospective permittee that the PCN is still incomplete and the adverse environmental effects caused by the the PCN review process will not commence until all of proposed activity; and any other NWP(s),regional the requested information has been received by the district general permit(s),or individual permit(s)used or engineer. The prospective permittee shall not begin the intended to be used to authorize any part of the activity until either: proposed project or any related activity,including other separate and distant crossings for linear projects