; and (ii) recommendations on how to improve the proposed activity to be in compliance with the NWP. (5) No response If the Secretary does not comply with a deadline described in paragraph (2), (3), or (4), or fails to respond to an application submitted by a permittee, the proposed activity of the permittee, as described in that application, shall be deemed in compliance with the NWP. (6) Mitigation flexibility In considering mitigation-specific requirements for a proposed activity for which approval is sought under subsection (a)(1), the Secretary, acting through the applicable Division Engineer, shall have the flexibility to determine which mitigation is needed with respect to the proposed activity, on the condition that each mitigation requirement is— (A) technically and economically feasible; and (B) within the jurisdiction of the Secretary, acting through the applicable Division Engineer, to require. (b) NEPA If a proposed activity for which approval is sought under subsection (a)(1) includes 1 or more activities that may likely have a significant effect on the quality of the human environment, as determined by the Secretary, the Secretary shall— (1) consider whether mitigating the circumstances or conditions of the proposed activity is sufficient to avoid the significant effects on the quality of the human environment that may result from that circumstance or condition of that proposed activity; and (2) if the Secretary determines under paragraph (1) that the significant effects that may likely result from the circumstance or condition of the proposed activity can be avoided, mitigate the circumstances or conditions of the proposed activity without— (A) denying the proposed activity