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Scctioo 404 Onty Condition : In addition to the General Conditions, the following conditions apply only to activiti^ <br />that involve the discharge of dredged or fill material and must be followed in order for authorization by the nationwide <br />permits to be valid: <br />1, Water supply intaVes . No discharge of dredged or fill material may occur in the praximiiy of a public water <br />supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank <br />stabilization. <br />2. Shellfish production . No discharge of dredged or fill material may occur in areas of concentrated shellfish <br />production, unless the discharge b dircaly related to a shellfish harvesting activity authorized by nationwide permit 4. <br />3. Suitable material . No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, <br />debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see section 307 of <br />the Clean Water Aa). <br />4. Nfitigation. Discharges of dredged or fill material into waters of the United States must be minimized or <br />avoided to the maximum extent praaicabic at the project site (Le. on-site), unless the DE has approved a <br />compensation mitigation plan for the specific regulated activity. <br />5. Spawning areas . Discharges in spawning areas during spawning seasons must be avoided to the maximum <br />extent practicable. <br />6. Obstruction of high flows . To the maximum extent practicable, discharges must not permanently restrict or <br />Impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose <br />of the fill is to impound waters). <br />7. Adverse impacts from impoundments . If the discharge creates an impoundment of water, adverse impacts on <br />the aquatic system caused by the accelerated passage of water and'or the restriction of its flow shall be minimized to <br />the maximum extent praaicable. <br />8. Waterfowl breeding areas . Discharges into breeding areas for migratory waterfowl must be avoided to the <br />maximum extent practicable. <br />9. Removal of temtx>rarv fills. Any temporary fills must be removed in their entirety and the affeaed areas <br />returned to their preexisting elevation. <br />i