11-12-1996 Council Packet - Laserfiche WebLink

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Section 404 OntY ConOuiore : In sedition to the General Conditions, the folIov.ing conditions apply only to activities (hat involve the discharge ot oredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: 1. Water supply intakes . No discharge of dredged or i. • material may occur In the praximily of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish produaion . No discharge of dredged or fill material may occur in areas of concentrated shellfish produaion, unless the discharge is dircaly related to a shellfish harvesting activity authorized by nationwide penmit 4. 3. Suitable material . No discharge of dredged or fill material may co sist of unsuitable material (c.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see section 307 of the C'can Water Act). 4. Nfitigation . Discharges of dredged or fill material into waters of the United Slates must be minimized or avoided to the maximum extent practicable at the project site (i.e. on-site), unless the DE has approved a compensation mitigation plan for the specific regulated aaivity. 5. Spawning areas . Discharges in spawning are-as during spawning scasorts must be avoided to the maximum extent praaicable. 6. Obstruction of high flows . To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expeaed high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 7. Adverse impacts from impoundments . If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and'or the restriction of its flow shall be minimized to the maximum extent practicable. 8. Waterfowl breeding areas . Discharges into breeding areas for migratory waterfowl must be avoided to the maximum c.xtent practicable. 9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation.