Page 94 - _ 180314 Special Yucaipa GSA Packet

Nationwide Permit 6 Effective Date: March 19, 2012

18. Endangered Species.
(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the
continued existence of a threatened or endangered species or a species proposed for such designation, as identified
under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify
the critical habitat of
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA.
Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance
with those requirements. The district engineer will review the documentation and determine whether it is sufficient
to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed
species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located
in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the
requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect
Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification
must include the name(s) of the endangered or threatened species that might be affected by the proposed work or
that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will

critical habitat and will notify the non-
complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant
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species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not
heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-
specific regional endangered species conditions to the NWPs.

species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a

Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take"
means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
hich actually kills or injures wildlife. Such an
act may include significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
(f) Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the offices of the U.S. FWS and NMFS or their World Wide Web pages at
http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.

19. Migratory Birds and Bald and Golden Eagles.

Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local

20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect
properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until
the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of Section
106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the
documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or
whether additional section 106 consultation is necessary.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the
authorized activity may have the potential to cause effects to any historic properties listed on, determined to be
eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including
previously unidentified properties. For such activities, the pre-construction notification must state which historic

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Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 90 of 226