Page 95 - _ 180314 Special Yucaipa GSA Packet

Nationwide Permit 6 Effective Date: March 19, 2012

properties may be affected by the proposed work or include a vicinity map indicating the location of the historic
properties or the potential for the presence of historic properties. Assistance regarding information on the location of
or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or
Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR
330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures
for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the
information submitted and these efforts, the district engineer shall determine whether the proposed activity has the
potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic
properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal
applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to
cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-
construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not
required when the Corps determines that the activity does not have the potential to cause effects on historic
properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer
will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is 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.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents
the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of
Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit
would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify
granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify
granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the
circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation.
This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if
the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,
and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.

21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown
historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,
you must immediately notify the district engineer of what you have found, and to the maximum extent practicable,
avoid construction activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the
items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.

22. Designated Critical Resource Waters. Critical resource waters include NOAA-managed marine
sanctuaries and marine monuments and National Estuarine Research Reserves. The district engineer may designate,
after notice and opportunity for public comment, additional waters officially designated by a state as having
particular environmental or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting,
critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required
in accordance with general condition 31, for any activity proposed in the designated critical resource waters
including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only
after it is determined that the impacts to the critical resource waters will be no more than minimal.

23. Mitigation. The district engineer will consider the following factors when determining appropriate and
practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal:

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Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 91 of 226