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Site Protection
<br /> O. Site Inspection:The permittee shall allow representatives from the District to inspect the proposed project site and the authorized activity to
<br /> ensure that it is being,or has been,constructed and maintained in accordance with the NWP authorization.
<br /> P. Restoration for Temporary Impacts:All temporary impacts in waters of the U.S.,including wetlands,that occur as a result of the regulated
<br /> activity must be fully contained with appropriate erosion control or containment methods,be restored to preconstruction contours and
<br /> elevations,and revegetated with native,non-invasive vegetation.A project proponent may request,in writing,a waiver from this condition from
<br /> the District.An acceptable reason for a waiver to this condition may include,but is not limited to,the District allowing natural restoration of the
<br /> site when the resulting grade and existing seed bank are sufficient for the site to restore to pre-construction conditions.
<br /> Q. Duration of Temporary Impacts:Temporary impacts in waters of the U.S.,including wetlands,must be avoided and limited to the smallest
<br /> area and the shortest duration required to accomplish the project purpose.
<br /> PART A,ACTIVITIES WITHOUT PCN REQUIREMENTS:
<br /> Temporary impacts may not remain in place longer than 90 days between May 15 and November 15. Before those 90 days have lapsed all
<br /> temporary discharges must be removed in their entirety.If the temporary impacts would remain in place for longer than 90 days between May
<br /> 15 and November 15,a PCN is required and the activity is subject to the requirements and limitations described in part B of this regional
<br /> condition.
<br /> PART B,ACTIVITIES WITH PCN REQUIREMENTS:
<br /> The PCN must specify how long the temporary impact will remain and include a restoration plan showing how all temporary fills and structures
<br /> will be removed and the area restored to pre-project conditions.Temporary impacts are allowed to stay in place as long as specified in the
<br /> PCN unless otherwise conditioned in a Corps NWP verification.All temporary impacts must be removed in their entirety in accordance with the
<br /> plan described in the PCN unless otherwise conditioned in a NWP verification provided by the District.
<br /> R. Culverts and Crossings:Unless a NWP verification authorizes otherwise,replacement and installation of culverts or crossings authorized by
<br /> a NWP are to follow(or be restored to)the natural alignment and profile of the tributary.The culvert(s)or bridge(s)must adequately pass
<br /> bedload,sediment load,and provide site-appropriate fish and wildlife passage. Example design elements include recessing single culverts to
<br /> accommodate natural bankfull width and adjusting additional culvert inverts at an elevation higher than the bankfull elevation.
<br /> S. Best Management Practices:To minimize adverse effects from soil loss and/or sediment transport that may occur as a result of the
<br /> authorized discharge and associated earth work,appropriate best management practices shall be maintained and remain in place until the
<br /> affected area is stabilized with vegetation or ground cover.
<br /> T. Riprap:For all NWPs that allow for the use of riprap material for bank stabilization,only rock shall be used and it must be of a size sufficient to
<br /> prevent its movement from the authorized alignment by natural forces under normal or high flows.A project proponent may request from the
<br /> District,in writing,approval to use alternative riprap materials.
<br /> U. Pollutant or Hazardous Waste Spills:If a spill of any potential pollutant or hazardous waste occurs,it is the responsibility of the permittee to
<br /> immediately notify the National Response Center at 1-800-424-8802 or www.nrc.uscg.mil AND
<br /> IN WISCONSIN:the Wisconsin Department of Natural Resources'Spills Team at 1-800-943-0003
<br /> IN MINNESOTA:the Minnesota State Duty Officer at 1-800-422-0798.
<br /> The permittee is responsible for removing such pollutants and hazardous materials and for minimizing any contamination resulting from a spill
<br /> in accordance with state and federal laws.
<br /> V. Clean Construction Equipment:All construction equipment must be clean prior to entering and before leaving the work site in order to
<br /> prevent the spread of invasive species.
<br /> W. Compliance:The permittee is responsible for ensuring that whoever performs,supervises or oversees any portion of the physical work
<br /> associated with the construction of the project has a copy of and is familiar with all the terms and conditions of the NWP and any special
<br /> conditions included in any written verification letter from the District.The permittee is ultimately responsible for ensuring that all the terms and
<br /> conditions of the NWPs are complied with.
<br /> The following General Conditions are applicable to all NWPs:
<br /> 1.Navigation.
<br /> (a)No activity may cause more than a minimal adverse effect on navigation.
<br /> (b)Any safety lights and signals prescribed by the U.S.Coast Guard,through regulations or otherwise,must be installed and maintained at the
<br /> permittee's expense on authorized facilities in navigable waters of the United States.
<br /> (c)The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other alteration,of
<br /> the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative,said structure or work
<br /> shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the
<br /> Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States.No
<br /> claim shall be made against the United States on account of any such removal or alteration.
<br /> 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the
<br /> waterbody,including those species that normally migrate through the area, unless the activity's primary purpose is to impound water.All permanent and
<br /> temporary crossings of waterbodies shall be suitably culverted,bridged,or otherwise designed and constructed to maintain low flows to sustain the
<br /> movement of those aquatic species.If a bottomless culvert cannot be used,then the crossing should be designed and constructed to minimize adverse
<br /> effects to aquatic life movements.
<br /> 3.Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the
<br /> physical destruction(e.g.,through excavation,fill,or downstream smothering by substantial turbidity)of an important spawning area are not authorized.
<br /> 4.Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the
<br /> maximum extent practicable.
<br /> 5.Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting
<br /> activity authorized by NWPs 4 and 48,or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
<br /> 6.Suitable Material.No activity may use unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.).Material used for construction or discharged
<br /> must be free from toxic pollutants in toxic amounts(see section 307 of the Clean Water Act).
<br /> 7.Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement
<br /> of public water supply intake structures or adjacent bank stabilization.
<br /> 8.Adverse Effects from Impoundments.If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the
<br /> passage of water,and/or restricting its flow must be minimized to the maximum extent practicable.
<br /> 9.Management of Water Flows.To the maximum extent practicable,the preconstruction course,condition,capacity,and location of open waters must
<br /> be maintained for each activity,including stream channelization,storm water management activities,and temporary and permanent road crossings,except
<br /> as provided below.The activity must be constructed to withstand expected high flows.The activity must not restrict or impede the passage of normal or
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