Page 99 - _ 180314 Special Yucaipa GSA Packet

Nationwide Permit 6 Effective Date: March 19, 2012

(5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is
required, the prospective permittee must submit a statement describing how the mitigation requirement will be
satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be
required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.
(6) 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, for non-Federal applicants the PCN must include the name(s)
of those endangered or threatened species that might be affected by the proposed work or utilize the designated
critical habitat that may be affected by the proposed work. Federal applicants must provide documentation
demonstrating compliance with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must
state which historic property may be affected by the proposed work or include a vicinity map indicating the location
of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106
of the National Historic Preservation Act.
(c) Form of Pre-Construction Notification. The standard individual permit application form (Form ENG
4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of
the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required
information may also be used.
(d) Agency Coordination.
(1) The district engineer will consider any comments from Federal and state agencies concerning the
and the need for mitigation to reduce the

(2) For all NWP activities that require pre-construction notification and result in the lossof greater than 1/2-
acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-
construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral
stream bed, and for all NWP 48 activities that require pre-construction notification, the district engineer will
immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of
the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality
agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if
appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the
material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-
specific comments. The comments must explain why the agency believes the adverse effects will be more than
minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a
decision on the pre-construction notification. The district engineer will fully consider agency comments received
within the specified time frame concerning the propose
NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment
of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except
as provided below. The district engineer will indicate in the administrative record associated with each pre-

watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable
hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider
any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in
accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a
response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,
as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-
construction notifications to expedite agency coordination.

Further Information

1. District Engineers have authority to determine if an activity complies with the terms and conditions of an
NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations
required by law.
3. NWPs do not grant any property rights or exclusive privileges.

8

Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 95 of 226