Agenda - Council - 05/23/1995 - Laserfiche WebLink

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I I I I I i I I I I I I I I I I I I Section 404 Onh/Condi ',t[onx: In addition to the General Conditions, the following conditions apply only to activities that involve the discharg~ of dredged or fill material and must be followed in oral.er for authorization by the nationwide permits to be valid: 1. Water supply intakes. No discharge of dredged or fill material may'occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank: stabilization. 9_ Shellfish product[on. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by nationwide permit 4. 3. Suitable materiali bio discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) ahd material discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). ~ 4. Mitigation. Discharges of dredged or fill material into waters of the United State~ 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 ~lan for the specific regulated activity. 5. Spawning areas, iDischarges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 6. Obstruction of h~h /lows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of n~rmal or expected high flows or cause the relocation of the water (unl .ess the primary purpose of the fill is to impound _~aters). 7. Adverse impacts [from !mpoun.dments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system cause~ by the accelerated passage of water'and/or the restriction of its flow shall be minimized tO the maximum extent praclticable. 8. Wateffow! breeding are. as. Discharges into .breeding areas for migratory waterfowl must be avoided to the maximum extent practical~le. 9. Removal of temglora~ fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation.