2020-10-12_PERMIT FILE - M2020047

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Nationwide Permit 33 Summary Page 8 that require Department of the Army authorization for listing on,or potentially eligible for listing on,the but do not require pre-construction notification. The National Register of Historic Places,the PCN must description of the proposed activity and any proposed state which historic property might have the potential mitigation measures should be sufficiently detailed to to be affected by the proposed activity or include a allow the district engineer to determine that the vicinity map indicating the location of the historic adverse environmental effects of the activity will be property.For NWP activities that require pre- no more than minimal and to determine the need for construction notification,Federal permittees must compensatory mitigation or other mitigation provide documentation demonstrating compliance measures. For single and complete linear projects,the with section 106 of the National Historic Preservation PCN must include the quantity of anticipated losses Act; of wetlands,other special aquatic sites,and other ❑ (9) For an activity that will occur in a waters for each single and complete crossing of those wetlands,other special aquatic sites,and other component of the National Wild and Scenic River System,or in a river officially designated by waters. Sketches should be provided when necessary Congress as a"study river" for possible inclusion in to show that the activity complies with the terms of the system while the river is in an official study the NWP.(Sketches usually clarify the activity and status,the PCN must identify the Wild and Scenic when provided results in a quicker decision. Sketches River or the"study river" (see general condition should contain sufficient detail to provide an 16);and illustrative description of the proposed activity(e.g., a conceptual plan),but do not need to be detailed ❑ (10) For an activity that requires permission engineering plans); from the Corps pursuant to 33 U.S.C.408 because it ❑ (5) The PCN must include a delineation of will alter or temporarily or permanently occupy or wetlands,other special aquatic sites,and other use a U.S.Army Corps of Engineers federally waters,such as lakes and ponds,and perennial, authorized civil works project,the pre-construction intermittent,and ephemeral streams,on the project notification must include a statement confirming that site. Wetland delineations must be prepared in the project proponent has submitted a written request accordance with the current method required by the for section 408 permission from the Corps office Corps.The permittee may ask the Corps to delineate having jurisdiction over that USACE project. the special aquatic sites and other waters on the ❑ (c) Form of Pre-Construction Notification: The project site,but there may be a delay if the Corps standard individual permit application form(Form ENG does the delineation,especially if the project site is 4345)may be used,but the completed application form large or contains many wetlands,other special must clearly indicate that it is an NWP PCN and must aquatic sites,and other waters.Furthermore,the 45 include all of the applicable information required in day period will not start until the delineation has been paragraphs(b)(1)through(10)of this general condition. submitted to or completed by the Corps,as A letter containing the required information may also be appropriate; used.Applicants may provide electronic files of PCNs ❑ (6) If the proposed activity will result in the and supporting materials if the district engineer has loss of greater than IA O-acre of wetlands and a PCN established tools and procedures for electronic submittals. is required,the prospective permittee must submit a ❑ (d) Agency Coordination: statement describing how the mitigation requirement ❑ (1) The district engineer will consider any will be satisfied,or explaining why the adverse environmental effects are no more than minimal and comments from Federal and state agencies why compensatory mitigation should not be required. concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need As an alternative,the prospective permittee may for mitigation to reduce the activity's adverse submit a conceptual or detailed mitigation plan. environmental effects so that they are no more than ❑ (7) For non-Federal permittees,if any listed minimal. species or designated critical habitat might be ❑ (2) Agency coordination is required for: (i)All affected or is in the vicinity of the activity, or if the NWP activities that require pre-construction activity is located in designated critical habitat,the notification and result in the loss of greater than 1/2- PCN must include the name(s)of those endangered acre of waters of the United States;(ii)NWP 21,29, or threatened species that might be affected by the 39,40,42,43,44,50, 51, and 52 activities that proposed activity or utilize the designated critical habitat that might be affected by the proposed require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; activity.For NWP activities that require pre- construction notification,Federal permittees must (iii)NWP 13 activities in excess of 500 linear feet, provide documentation demonstrating compliance fills greater than one cubic yard per running foot,or with the Endangered Species Act; involve discharges of dredged or fill material into special aquatic sites;and(iv)NWP 54 activities in ❑ (8) For non-Federal permittees, if the NWP excess of 500 linear feet,or that extend into the activity might have the potential to cause effects to a waterbody more than 30 feet from the mean low historic property listed on,determined to be eligible