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Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work
<br />cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps.
<br />If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee
<br />may not begin the activity until the district engineer issues the waiver. If the district or division engineer
<br />notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of
<br />a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained.
<br />Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked
<br />only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
<br />(b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following
<br />information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the
<br />proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect
<br />adverse environmental effects the project would cause, including the anticipated amount of loss of water
<br />of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate
<br />unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to
<br />be used to authorize any part of the proposed project or any related activity. The description should be
<br />sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will
<br />be minimal and to determine the need for compensatory mitigation. Sketches should be provided when
<br />necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the
<br />project and when provided results in a quicker decision. Sketches should contain sufficient detail to
<br />provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be
<br />detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic
<br />sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on
<br />the project site. Wetland delineations must be prepared in accordance with the current method required by
<br />the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the
<br />project site, but there may be a delay if the Corps does the delineation, especially if the project site is
<br />large or contains many waters of the United States. Furthermore, the 45 day period will root start until the
<br />delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity
<br />will result in the loss of greater than l/10-acre of wetlands and a PCN is required, the prospective
<br />permittee must submit a statement describing how the mitigation requirement will be satisfied, or
<br />explaining why the adverse effects are minimal and why compensatory mitigation should not be required.
<br />As an alternative, the prospective pennittee may submit a conceptual or detailed mitigation plan. (6) If
<br />any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if
<br />the project is located in designated critical habitat, for non -Federal applicants the PCN must include the
<br />name(s) of those endangered or threatened species that might be affected by the proposed work or utilize
<br />the designated critical habitat that may be affected by the proposed work. Federal applicants must provide
<br />documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that
<br />may affect a historic property listed on, determined to be eligible for listing on, Qr potentially eligible for
<br />listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which
<br />historic property may be affected by the proposed work or include a vicinity map indicating the location
<br />of the historic property. Federal applicants must provide documentation demonstrating compliance with
<br />Section 106 of the National Historic Preservation Act.
<br />(c) Form of Pre -Construction Notification: The standard individual permit application form (Form
<br />ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and
<br />must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A
<br />letter containing the required information may also be used.
<br />(d) Aaency Coordination: (1) The district engineer will consider any comments from Federal and
<br />state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs
<br />and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2)
<br />For all NWP activities that require pre -construction notification and result in the loss of greater than 1/2-
<br />acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that
<br />require pre -construction notification and will result in the loss of greater than 300 linear feet of
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