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(c) The standard individual permit application form (Form ENG 4345) application form may be used as the notification but must clearly indicate that it is a PDN and must include all of the information required in (b)(1 -5) above. N.B. in State of Oregon, a joint application form (used by both the Corps of Engineers and Oregon Division of State Lands) must be used. (d) In reviewing an activity under the notification procedure, the district engineer will first determine whether the activity will result in more than minimal individual or cumulative adverse environmental effects or will be contrary to the public interest, The prospective permittee may, at his option, submit a proposed mitigation plan with the predischarge notification to expedite the process and the district engineer will consider any optional mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed work are minimal. The district engineer will consider any comments from federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the nationwide permits and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. The district engineer will upon receipt of a notification provide immediately, e.g., facsimile transmission, overnight mail or other expeditious manner, a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, and, if appropriate, the National Marine Fisheries Service. With the exception . Qf NWP 37, these agencies will then have 5 calendar days from the date the material is transmitted to telephone the district engineer if they intend to provide substantive, site - specific comments. If so contacted by an agency, the district engineer will wait an additional 10 calendar days before making a decision on the notification. The district engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency. The district engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects are minimal, he will notify the permittee and include any conditions he deems necessary. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then he will notify the applicant either: (1) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; or (2) that the project is authorized under the nationwide permit subject to the applicant's submitting a mitigation proposal that would reduce the adverse effects to the minimal level. This mitigation proposal must be approved by the district engineer prior to commencing work. If the prospective permittee elects to submit a mitigation plan, the DE will expeditiously review the proposed mitigation plan, but will not commence a second 30-day notification procedure. If the net adverse effects of the project (with the mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant informing him that the project can proceed under the terms and conditions of the nationwide permit. (e) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 30-day period will not start until the wetland delineation has been completed. (t) Mitigation: Factors that the district engineer will consider when determining the acceptability of appropriate and practicable mitigation include, but are not limited to: (1) To be practicable the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of overall project purposes; (2) To the extent appropriate, permittees should consider mitigation banking and other forms of mitigation including contributions to wetland trust funds, which contribute to the restoration, creation, replacement, enhancement, or preservation of wetlands. Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to: reducing the size of the project; establishing buffer zones to protect aquatic resource values; and replacing the loss - 12