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(c) Form of Notijcatiorr: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and mus[ include al( of the iniormatton required in (b) (1)-(3) of General Condition 13. A letter may also be used. (d) District Engineer's Decision: [n reviewing [he pre-construction notification for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumula[ive adverse environmental effects or may be con[rary to the public interest. The prospective permittee may, optionally, submit a proposed mitigation plan with the pre-construction notification [o expedite the process and the District Engineer will consider any optional mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed work are minimal. if the Distrtct Engineer determines [hat the activity complies with the terms and conditions of the NWP and that the adverse effects are minimal, the District Engineer will notify the permi[tee and include any conditions the DE deems necessary. Any mitigation proposal must be approved by the District Engineer prior to commencing work. If the prespective petmtttee elects to submit a mtttgatton plan, the Distrtct Engineer will expeditiously review the proposed mitigation plan, but will no[ commence a second 30-Jay tiir 45-day for NWP ?6) notiticatton procedure. If the net adverse effects of the pro)ec[ twith the mitigation proposal) are determined by the Distrtct Engineer to be mtnimal. [he Distrtct Engineer will provide a [imely written response to the applicant stating that the Nrolect can proceed under the terms and conditions of the nationwide permit. If the Distract Engineer determines that the adverse effects of the proposed work arc more than minimal. then he will notify the applicant either: (l) That the project does not qualify for authorization under the NWP and insttuct [he applicant on the procedures ro seek authorization under an individual permit: ('_) that the protect is authorized under the NWP subjecs to the applicant's submitting a mitigation proposal that would reduce [he adverse effects to the mtnimal level: or (3) that the project is authorized under the NWP with specific madificattons or conditions. (e) ~lRtncy Coordirrartorr: Tlie Distrtct Engineer will consider any comments from f ederai and State at:enctes cuncernintt the proposed acttvttv's compliance with the [erms and conditions of the NWP's and the need for mitigation io reduce die pro)ect s adverse environmental effects to a minimal Icvel. (i) For NWP l4, 21. 26 (between one and three acres of impact), Z9. 33, 37, and 38. The Distrtct Engineer will, upon receipt of a notiftcatton, provide immediately, r.g.. facsimile tratumissiun. ~~vernieht marl or other c.rpeditious manner. a copy to the approprate offices of the Dish and 1Vildlife Service, State natural resource or water quality agency. EPA. State Historic Preservation Officer tSHPO), and, if appropriate, the National Marine Fisheries Service. With the exception of NWP 37, these agencies will then have five calendar days from flit dace the material is transmuted [o [clephone ur fax [he Distrtct Engineer notice that they intend to provide substantive, site-specific comments. If so cuntacted by an agency, ttie Distrtct Lneineer will watt an additional 10 calendar davs (16 calendar davs for NWP 2G PCNs) before making a decision on the notification. The District Gngtncer will fully consider a~_cncy comments rccerved wuhin the specified [ime frame, but will provtde nu response io the resource agency. The Distrtct Engineer will indicate in the admintstrauve record associated a uh each notification that the resource 4