2020-10-12_PERMIT FILE - M2020047

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Nationwide Permit 33 Summary Page 9 water line in tidal waters or the ordinary high water activity will result in more than minimal individual and mark in the Great Lakes. cumulative adverse effects on the aquatic environment and ❑ (3) When agency coordination is required,the other aspects of the public interest and exercises discretionary district engineer will immediately provide(e.g.,via authority to require an individual permit for the proposed email,facsimile transmission,overnight mail,or activity.For a linear project,this determination will include an other expeditious manner)a copy of the complete evaluation of the individual crossings of waters of the United PCN to the appropriate Federal or state offices(FWS, States to determine whether they individually satisfy the terms state natural resource or water quality agency,EPA, and conditions of the NWP(s),as well as the cumulative and, if appropriate,the NMFS).With the exception of effects caused by all of the crossings authorized by NWP. If NWP 37,these agencies will have 10 calendar days an applicant requests a waiver of the 300 linear foot limit on from the date the material is transmitted to notify the impacts to streams or of an otherwise applicable limit,as district engineer via telephone, facsimile provided for in NWPs 13,21,29, 36,39,40,42,43,44,50, transmission,or email that they intend to provide 51,52,or 54,the district engineer will only grant the waiver substantive,site-specific comments. The comments upon a written determination that the NWP activity will result must explain why the agency believes the adverse in only minimal individual and cumulative adverse environmental effects will be more than minimal. If environmental effects.For those NWPs that have a waivable so contacted by an agency,the district engineer will 300 linear foot limit for losses of intermittent and ephemeral wait an additional 15 calendar days before making a stream bed and a 1/2-acre limit(i.e.,NWPs 21,29,39,40,42, decision on the preconstruction notification.The 43,44, 50,51,and 52),the loss of intermittent and ephemeral district engineer will fully consider agency comments stream bed,plus any other losses of jurisdictional waters and received within the specified time frame concerning Wetlands,cannot exceed 12-acre. the proposed activity's compliance with the terms ❑ 2. When making minimal adverse environmental effects and conditions of the NWPs,including the need for determinations the district engineer will consider the direct mitigation to ensure the net adverse environmental and indirect effects caused by the NWP activity.He or she effects of the proposed activity are no more than will also consider the cumulative adverse environmental minimal.The district engineer will provide no effects caused by activities authorized by NWP and whether response to the resource agency,except as provided those cumulative adverse environmental effects are no more below.The district engineer will indicate in the than minimal. The district engineer will also consider site administrative record associated with each pre- specific factors, such as the environmental setting in the construction notification that the resource agencies' vicinity of the NWP activity,the type of resource that will be concerns were considered.For NWP 37,the affected by the NWP activity,the functions provided by the emergency watershed protection and rehabilitation aquatic resources that will be affected by the NWP activity, activity may proceed immediately in cases where the degree or magnitude to which the aquatic resources there is an unacceptable hazard to life or a significant perform those functions,the extent that aquatic resource loss of property or economic hardship will occur.The functions will be lost as a result of the NWP activity(e.g., district engineer will consider any comments partial or complete loss),the duration of the adverse effects received to decide whether the NWP 37 authorization (temporary or permanent),the importance of the aquatic should be modified,suspended,or revoked in resource functions to the region(e.g.,watershed or ecoregion), accordance with the procedures at 33 CFR 330.5. and mitigation required by the district engineer.If an ❑ (4) In cases of where the prospective permittee appropriate functional or condition assessment method is is not a Federal agency,the district engineer will available and practicable to use,that assessment method may be used by the district engineer to assist in the minimal provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation adverse environmental effects determination.The district recommendations, as required by section engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. ❑ 3. If the proposed activity requires a PCN and will ❑ (4) Applicants are encouraged to provide the result in a loss of greater than V10-acre of wetlands,the Corps with either electronic files or multiple copies prospective permittee should submit a mitigation proposal of preconstruction notifications to expedite agency With the PCN.Applicants may also propose compensatory coordination. mitigation for NWP activities with smaller impacts,or for impacts to other types of waters(e.g.,streams). The district C. District Engineer's Decision engineer will consider any proposed compensatory mitigation ❑ 1. In reviewing the PCN for the proposed activity,the or other mitigation measures the applicant has included in the proposal in determining whether the net adverse district engineer will determine whether the activity authorized environmental effects of the proposed activity are no more by the NWP will result in more than minimal individual or than minimal. The compensatory mitigation proposal may be cumulative adverse environmental effects or may be contrary either conceptual or detailed. If the district engineer to the public interest.If a project proponent requests determines that the activity complies with the terms and authorization by a specific NWP,the district engineer should conditions of the NWP and that the adverse environmental issue the NWP verification for that activity if it meets the effects are no more than minimal,after considering mitigation, terms and conditions of that NWP,unless he or she the district engineer will notify the permittee and include any determines,after considering mitigation,that the proposed