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Scenic River designation, or study status. Information on Wild and Scenic Rivers may be <br /> obtained from the appropriate Federal land management agency in the area (e.g. National <br /> Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife <br /> Service). <br /> 8. Tribal Rights: No activity or its operation may impair reserved tribal rights, <br /> including, but not limited to, reserved water rights and treaty fishing and hunting rights. <br /> 9. Water Quality Certification: In certain states, an individual Section 401 water <br /> quality certification must be obtained or waived. IN CALIFORNIA, CERTIFICATION <br /> IS REQUIRED. In Nevada, certification is required in Truckee and Carson River <br /> Drainages. In Utah and Colorado, individual certification is NOT required (see 33 CFR <br /> 330.4(c)). <br /> 10. Coastal Zone Management. In certain states, an individual state coastal zone <br /> management consistency concurrence must be obtained or waived (see Section 330.4(d)). <br /> 11. Endangered Species: (a) No activity is authorized under any nationwide permit <br /> which is likely to jeopardize the continued existence of a threatened or endangered species <br /> or a species proposed for such designation, as identified under the Federal Endangered <br /> Species Act, or which is likely to destroy or adversely modify the critical habitat of such <br /> species. Non-federal permittees shall notify the District Engineer if any listed species or <br /> critical habitat might be affected or is in the vicinity of the project, and shall not begin work <br /> on the activity until notified by the District Engineer that the requirements of the <br /> Endangered Species Act have been satisfied and that the activity is authorized. <br /> (b) Authorization of an activity by a nationwide permit does not authorize the "take" <br /> of a threatened or endangered species as defined under the Federal Endangered Species Act. <br /> In the absence of separate authorization (e.g. an ESA section 10 Permit, a Biological <br /> Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service or <br /> the National Marine Fisheries Service, both lethal and non-lethal "takes" of protected species <br /> are in violation of the Endangered Species Act. Information on the location of threatened <br /> and endangered species can be obtained directly from the offices of the U.S. Fish and <br /> Wildlife Service and National Marine Fisheries Service or their world wide web pages at <br /> hhtp://www.fws.gov/—r9endspp/endspp.html and <br /> http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html##ES and Recovery, respectively. <br /> 12. Historic Properties: No activity which may affect historic properties listed, or <br /> eligible for listing, in the National Register of Historic Places is authorized, until the District <br /> Engineer has complied with.the provisions of 33 CFR part 325, appendix C. The <br /> prospective permittee must notify the District Engineer if the authorized activity may affect <br /> any historic properties listed, determined to be eligible, or which the prospective permittee <br /> has reason to believe may be eligible for listing on the National Register of Historic Places, <br /> and shall not begin the activity until notified by the District Engineer that the requirements <br /> of the National Historic Preservation Act have been satisfied and that the activity is <br /> authorized. Information on the location and existence of historic resources can be obtained <br /> from the State Historic Preservation Office and the National Register of Historic Places (see <br /> 33 CFR 330.4 (g)). <br /> 13. Notification: <br /> (a) 77ming. Where required by the terms of the NWP, the prospective permittee <br /> 2 <br />