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Nationwide 12 Permit Summary <br />concerns were considered. For NWP 37, the <br />emergency watershed protection and rehabilitation <br />activity may proceed immediately in cases where <br />there is an unacceptable hazard to life or a significant <br />loss of property or economic hardship will occur. The <br />district engineer will consider any comments <br />received to decide whether the NWP 37 authorization <br />should be modified, suspended, or revoked in <br />accordance with the procedures at 33 CFR 330.5. <br />? (3) In cases of where the prospective <br />permittee is not a Federal agency, the district <br />engineer will provide a response to NMFS within 30 <br />calendar days of receipt of any Essential Fish Habitat <br />conservation recommendations, as required by <br />Section 305(b)(4)(B) of the Magnuson-Stevens <br />Fishery Conservation and Management Act. <br />? (4) Applicants are encouraged to provide <br />the Corps multiple copies of pre-construction <br />notifications to expedite agency coordination. <br />? (5) For NWP 48 activities that require <br />reporting, the district engineer will provide a copy of <br />each report within 10 calendar days of receipt to the <br />appropriate regional office of the NMFS. <br />? (e) In reviewing the PCN for the proposed <br />activity, the district engineer will determine whether the <br />activity authorized by the NWP will result in more than <br />minimal individual or cumulative adverse environmental <br />effects or may be contrary to the public interest. If the <br />proposed activity requires a PCN and will result in a loss <br />of greater than 1/10 acre of wetlands, the prospective <br />permittee should submit a mitigation proposal with the <br />PCN. Applicants may also propose compensatory <br />mitigation for projects with smaller impacts. The district <br />engineer will consider any proposed compensatory <br />mitigation the applicant has included in the proposal in <br />determining whether the net adverse environmental <br />effects to the aquatic environment of the proposed work <br />are minimal. The compensatory mitigation proposal may <br />be either conceptual or detailed. If the district engineer <br />determines that the activity complies with the terms and <br />conditions of the NWP and that the adverse effects on the <br />aquatic environment are minimal, after considering <br />mitigation, the district engineer will notify the permittee <br />and include any conditions the district engineer deems <br />necessary. The district engineer must approve any <br />compensatory mitigation proposal before the penmittee <br />commences work. If the prospective permittee elects to <br />submit a compensatory mitigation plan with the PCN, the <br />district engineer will expeditiously review the proposed <br />compensatory mitigation plan. The district engineer must <br />review the plan within 45 calendar days of receiving a <br />complete PCN and determine whether the proposed <br />mitigation would ensure no more than minimal adverse <br />effects on the aquatic environment. If the net adverse <br />effects of the project on the aquatic environment (after <br />consideration of the compensatory mitigation proposal) <br />are determined by the district engineer to be minimal, the <br />district engineer will provide a timely written response to <br />the applicant. The response will state that the project can <br />proceed under the terms and conditions of the NWP. <br />Page 7 <br />If the district engineer determines that the adverse <br />effects of the proposed work are more than minimal, then <br />the district engineer will notify the applicant either: (1) <br />That the project does not qualify for authorization under <br />the NWP and instruct the applicant on the procedures to <br />seek authorization under an individual permit; (2) that the <br />project is authorized under the NWP subject to the <br />applicant's submission of a mitigation plan that would <br />reduce the adverse effects on the aquatic environment to <br />the minimal level; or (3) that the project is authorized <br />under the NWP with specific modifications or conditions. <br />Where the district engineer determines that mitigation is <br />required to ensure no more than minimal adverse effects <br />occur to the aquatic environment, the activity will be <br />authorized within the 45-day PCN period. The <br />authorization will include the necessary conceptual or <br />specific mitigation or a requirement that the applicant <br />submit a mitigation plan that would reduce the adverse <br />effects on the aquatic environment to the minimal level. <br />When mitigation is required, no work in waters of the <br />United States may occur until the district engineer has <br />approved a specific mitigation plan. <br />? (a) 28. Single and Complete Project. The activity must <br />be a single and complete project. The same NWP cannot be used <br />more than once for the same single and complete project. <br />B. Regional Conditions: <br />1. Sacramento District (All States, except Colorado) <br />1. When pre-construction notification (PCN) is required, the <br />prospective permittee shall notify the Sacramento District in <br />accordance with General Condition 27 using either the South <br />Pacific Division Preconstruction Notification (PCN) Checklist or <br />a completed application form (ENG Form 4345). In addition, <br />the PCN shall include: <br />a. A written statement explaining how the activity has <br />been designed to avoid and minimize adverse effects, <br />both temporary and permanent, to waters of the United <br />States; <br />b. Drawings, including plan and cross-section views, <br />clearly depicting the location, size and dimensions of the <br />proposed activity. The drawings shall contain a title <br />block, legend and scale, amount (in cubic yards) and size <br />(in acreage) of fill in Corps jurisdiction, including both <br />permanent and temporary fills/structures. The ordinary <br />high water mark or, if tidal waters, the high tide line <br />should be shown (in feet), based on National Geodetic <br />Vertical Datum (NGVD) or other appropriate referenced <br />elevation; and <br />c. Pre-project color photographs of the project site taken <br />from designatedlocations documented on the plan <br />drawing. <br />2. The permittee shall complete compensatory mitigation <br />required by special conditions of the NWP verification before or <br />concurrent with construction of the authorized activity, except <br />when specifically determined to be impracticable by the <br />Sacramento District. When project mitigation involves use of a <br />mitigation bank or in-lieu fee program, payment shall be made <br />before commencing construction.