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• (4) Where required by the terms of the nationwide permit, a delineation of <br />affected special aquatic sites, including wetlands; and, <br />(5) A statement that the prospective permittee has contacted: <br />(i) The U.S. Fish and Wildlife ServicxJNational Marine Fisheries <br />Service regarding the presence of any Federally listed (or proposed for listing) endangered <br />or threatened species or critical habitat in the permit area that may be affected by the <br />proposed project, and any available information provided by those agencies. (The <br />prospective permittee <br />(ii) The State Historic Preservation Office regarding the presence of <br />any historic properties in the permit area that may be affected by the proposed project; and <br />the available information, if any, provided by that agency. <br />c. The standard individual permit application form (Form ENG 4345) ma be <br />used as the notification but must clearly indicate that rt is a PDN and must include all of the <br />information required in (1-S), of General Condition 12. <br />d. In reviewing an activity under the noflfication procedure, the District <br />Engineer will first determine whether the activity will result in more than minimal individual <br />or cumulative adverse environmental effects or will be contrary to the public interest. The <br />prospective permittee may, at his option, submit a proposed mitigation plan with the <br />predischarge notification to expedite the process and the District Engineer will consider any <br />optional mitigation the applicant has included in the proposal in determining whether the net <br />• adverse environmental effects of the proposed work are murimal. The District Engineer will <br />consider any comments from Federal and State Agencies concerning the proposed activity's <br />compliance with the terms and conditions of the nationwide permits and the need for <br />mitigation to reduce the project's adverse environmental effects to a minimal level. The <br />District Engineer will, upon receipt of a notification, provide immediately (e.g. facsimile <br />transmission, overnight mail, or other expeditious manner) a copy to the appropriate offices <br />of the Fish and Wildlife Service, State natural resource or water quality agency, EPA And, <br />if appropriate, the National Marine Fisheries Service. With the exception of Nationwide <br />Permit number 37, these agencies will have five calendar days from the date the material is <br />transmitted to telephone the District Engineer if they intend to provide substantive, site <br />specific comments. If so contacted by an agency, the District Engineer will wait an <br />additional 10 calendar days before making a decrsron on the notification. The District <br />Engineer will fully consider agency comments received within the specified time flame, but <br />will provide no response to the resource agency. The District Engineer will indicate in the <br />administrative record associated with each notification that the resource agencies' concerns <br />were considered. Applicants are encouraged to provide the Cords multiple copies of <br />notifications to expedtte agency notification. If the District Engineer determines that the <br />activity complies with the terms and conditions of the nationwide permit and that the adverse <br />effects are minimal, he will notify the permittee and include any conditions he deems <br />necessary. If the District Engineer determines that the adverse effects of the proposed work <br />are move than minimal, then he will notify the applicant either: <br />(1) That the project does not qualify for authorization under the nationwide <br />permit and instruct the applicant on the procedures to seek authorization under an individual <br />permit; or, <br />C~ <br />3 <br />