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those agencies, he will promptly forward the notification to the division <br />engineer and the head and appropriate staff officials of those agencies to <br />afford those agencies an adequate opportunity before such discharge occurs <br />to consider such notification and express their views, if any, to the <br />district engineer concerning whether individual permits should be required. <br />(2) If the nationwide permits at paragraphs 330.5(a)(7), (17) or (21) <br />are involved and the Environmental Protection Agency, the Fish and Wildlife <br />Service, the National Marine Fisheries Service or the appropriate state <br />natural resource or water quality agencies forward concerns to the district <br />engineer, he will forward those concerns to the division engineer together <br />with a statement of the factors pertinent to a determination of the <br />environmental effects of the proposed discharges, including those set forth <br />in the 404(b)(1) guidelines, and his views on the specific points raised by <br />those agencies. <br />(3) If the nationwide permit at paragraph 330.5(a)(21) is involved <br />the district engineer will give notice to the Environmental Protection <br />Agency and the appropriate state water quality agency. This notice will <br />include as a minimum the information required by paragraph (b) of this <br />section. <br />(d) Division engineer review of notification. The division engineer <br />will review all notifications referred to him in accordance with paragraph <br />(c)(1) or (c)(2) of this section. The division engineer will require an <br />individual permit when he determines that an activity does not comply with <br />the terms or conditions of a nationwide permit or does not meet the <br />definition of a general permit (see 33 CFR 322.2(f) and 323.2(n)) including <br />discharges under the nationwide permit at paragraph 330.5(a)(26) which have <br />more than minimal adverse environmental effects on the aquatic environment <br />when viewed either cumulatively or separately. In reaching his decision, <br />he will review factors pertinent to a determination of the environmental <br />effects of the proposed discharge, including those set forth in the <br />404(b)(1) guidelines, and will give full consideration to the views, if <br />any, of the federal and state natural resource agencies identified in <br />paragraph (c) of this section. If the division engineer decides that an <br />individual permit is not required, and a federal or appropriate state <br />natural resource agency has indicated in writing that an activity may <br />result in more than minimal adverse environmental impacts, he will prepare <br />a written statement, available to the public on request, which sets forth <br />his response to the specific points raised by the commenting agency. When <br />the division engineer reaches his decision he will notify the district <br />engineer, who will immediately notify the general permittee of the division <br />engineer's decision. <br />Please see reverse side. <br />4( <br />