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<br />(b) Authorization of an activity by a na[ionwide permit does not authorize the "take" <br />of a [hreatened or endangered species as defined under the Federal Endangered Species Act. <br />In the absence of separate authorize[ion te.g. an ESA section 10 Permi[. a Biological <br />Opinion with "incidental take" provtsions. etc.l from [he U.S. Fish and Wildlife Service or <br />the National Marine Fishertes Service. both lethal and non-lethal "takes" of protected species <br />are in violation of the Endaneered Species Act. Information on the loca[ion of threa[ened <br />and endaneered species can be obtained directly from [he offices of the U.S. Fish and <br />Wildlife Service and National Marine Fisheries Servtce or their world wide web pages at <br />hhtp:i/www.fws.gov/-r9endsppiendspp.h[mf and <br />http://kingfish.spp.nmfs.gow[mcin[yriprot_res.htmlJlES and Recovery, respectively. <br />l2. Historic Properties: No activity which may affect his[oric properties listed, or <br />rligible for listing, in the National l:cgister of Historic Places is authorized, unlit the District <br />Engineer has complied with the provisions of 33 CFR par[ 325, appendix C. 71te <br />prospective permittee must notify the District Engineer tf the authorized activity may affect <br />any his[oric properttes listed, determined to be rligible. ur which the prospective permittee <br />has reason co believe may be eligible Cor listing un the National Regis[er of Historic Places. <br />and shall not begin [he activity unlit notified by the Distric[ Engtneer that the requirements <br />of the National Histortc Preservation Act have been sa[isfied and that the activity is <br />authortzed. Information on the loca[ion and exis[ence of his[onc resources can he ahtained <br />from the State Histone Preservauon Office and the National Register of Historic Places [see <br />33 CFR 330.4 (g)). <br />:3. Notifrcation: <br />(a) liming: Where required by the terms of the NWP, the prospective permittee <br />must notify the District Engtneer with a Pre•Cunstruction Notification (PCN) as early as <br />possible and shall not bcgm dtc actrviry: <br />(1) Until notified by the District Engineer chat the activity may proceed under <br />the NWP with any special conditions imposed by the District or Division Engineer; or <br />(2) If nouticd by the Distnc[ or Division Engineer that an individual permit <br />is required: or <br />(3) Unless .0 davs n,r d5 days fur N1VP '_G only) have passed from the <br />Distrtc[ Engineer's receipt of the nouficauon and the prospecuve pcrm[[tee has not received <br />nonce tram the Distrtct or Division Enetnrcr. Subsequently, ttte permit[ee's right to <br />proceed under the NWP may he modified. suspended. ur revoked only in accordance with <br />the procedure set forth in 33 CFR 330.5(d)(2)). <br />(h) C'oruents of Nnrijicatioa: phe nuuficauon must h~ in wntine and include the <br />following tnformation: <br />(1) Name.::ldress and telephone numhcr.; of the pmspcctive permittee: <br />(2) Lucatton ufthe proposed protect: <br />(3) [3rief description of the proposed pro)ect: the project's purpose: direct and <br />uidttect adverse rnvirvnmental eltrcu the protect would cause: any other NWP(s), tcgwnal <br />~rncral perm[[[s) ur individual pcrmms) used and intended to he used w authorize env pair <br />.,f the proposed pro~ec[ or any related activity. <br />i <br />