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i LOP-05-MN CLEAN WATER ACT SECTION 404 LOP TERMS, AND CONDITIONS FOR THE STATE OF MINNESOTA Project proponents should carefully read all of the 2.Erosion control. Appropriate erosion control measures information below,with special attention to the General must be used and maintained in effective operating Conditions section. These provisions and conditions apply condition during construction and upon completion of to all LOP authorizations in those portions of Minnesota operations all exposed slopes,fills,and disturbed areas,as outside the external boundaries of Federally recognized well as any work below the ordinary high water mark must Indian Reservations.The St.Paul District web page: be given sufficient protection by appropriate means to w%vw.mvp.usace.army.miVregulatory also contains helpful prevent subsequent erosion.Work should be done in information. accordance with state-approved,published practices,such as defined in the Minnesota Pollution Control Agency GENERAL CONDITIONS Document, PROTECTING WATER QUALITY IN I. The time limit for completing work authorized by an URBAN AREAS-BEST MANAGEMENT PRACTICES LOP ends three years after the date of the Corps' FOR MINNESOTA, authorization letter. If you find that you need more time to complete the authorized activity,submit your request for a 3.Historic Prncerties and Cultural Resources No time extension to the Corps for consideration at least three activity which may affect historic properties listed,or months before the expiration date is reached. eligible for listing,in the National Register of Historic Places is authorized,until the DE has complied with the 2. You must maintain the authorized activity in good provisions of 33 CFR part 325 Appendix C. Information condition and in conformance with the terms and on the location and existence of historic resources can be conditions of this permit.You are not relieved of this obtained from the State Historic Preservation Office and requirement if you abandon the permitted activity,although the National Register of Historic Places. you may make a good faith transfer to a third party.Should you wish to cease to maintain the authorized activity or 4.Endangered SRg�ies,No activity is authorized which is should you desire to abandon it without a good faith likely to adversely affect a threatened or endangered transfer,you must obtain a modification of this permit from species or a species proposed for such designation,as this office,which may require restoration of the area. identified under the Federal Endangered Species Act,or which is likely to destroy or adversely modify the critical 3. If you discover any previously unknown historic or habitat of such species,except as noted in Section b below. archaeological remains while accomplishing the authorized Non-federal permittees shall notify the District if any listed activity you must immediately stop work and notify this species or critical habitat might be affected or is in the office of what you have found.We will initiate the Federal vicinity of the project,and shall not begin work on the and state coordination required to determine if the remains activity until notified by the District that the requirements warrant a recovery effort or if the site is eligible for listing of the Endangered Species Act have been satisfied and that in the National Register of Historic Places. the activity is authorized. 4. If a conditioned water quality certification has been Authorization of an activity does not authorize the take of a issued for your project,you must comply with the threatened or endangered species as defined under the conditions specified in the certification as special Federal Endangered Species Act.In the absence of separate conditions to the LOP-05-MN authorization. A copy of the authorization(e.g.,an ESA Section 10 Permit,a Biological certification will be attached to the LOP-05-MN Opinion with incidental take provisions,etc.)from the U.S. authorization if it contains such conditions. Fish and Wildlife Service or the National Marine Fisheries Service,both lethal and non-lethal takes of protected 5. You must allow representatives from this office to species are in violation of the Endangered Species Act. inspect the authorized activity at any time deemed Information on the location of threatened and endangered necessary to ensure that it is being or has been species and their critical habitat can be obtained directly accomplished in accordance with the terms and conditions from the offices ofthe U.S.Fish and Wildlife Service and of LOP-05-MN. National Marine Fisheries Service or their World Wide Web pages on the Internet. STANDARD CONDITIONS if it becomes apparent that a Federally listed endangered plant or animal species will be affected by work authorized 1.Suitable fill material. No dredged or fill material by this permit,work must be stopped immediately and the discharged under this authorization may consist of St.Paul District of the Corps of Engineers must be unsuitable material(e.g.,trash,debris,car bodies,asphalt, contacted for further instruction. etc.,)and material discharged must be free from toxic pollutants in other than trace quantities.