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normal or high flows, unless the primary purpose of the activity is to impound water or manage high <br />flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters <br />if it benefits the aquatic environment (e.g., stream restoration or relocation activities). <br />10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state <br />or local floodplain management requirements. <br />11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other <br />measures must be taken to minimize soil disturbance. <br />12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and <br />maintained in effective operating condition during construction, and all exposed soil and other fills, as <br />well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at <br />the earliest practicable date. Permittees are encouraged to perform work within waters of the United <br />States during periods of low -flow or no -flow. <br />13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas <br />returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. <br />14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including <br />maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as <br />any activity -specific conditions added by the district engineer to an NWP authorization. <br />IS. Single and Com lete Project. The activity must be a single and complete project. The same NWP <br />cannot be used more than once for the same single and complete project. <br />16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River <br />System, or in a river officially designated by Congress as a "study river" for possible inclusion in the <br />system while the river is in an official study status, unless the appropriate Federal agency with direct <br />management responsibility for such river, has determined in writing that the proposed activity will not <br />adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic <br />Rivers may be obtained from the appropriate Federal land management agency responsible for the <br />designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau <br />of Land Management, U.S. Fish and Wildlife Service). <br />17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited <br />to, reserved water rights and treaty fishing and hunting rights. <br />18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or <br />indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed <br />for such designation, as identified under the Federal Endangered Species Act (ESA), or which will <br />directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is <br />authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 <br />consultation addressing the effects of the proposed activity has been completed. <br />(b) Federal agencies should follow their own procedures for complying with the requirements of the <br />ESA. Federal pennittees must provide the district engineer with the appropriate documentation to <br />demonstrate compliance with those requirements. The district engineer will review the documentation and <br />determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional <br />ESA consultation is necessary. <br />(c) Non-federal permittees must submit a pre -construction notification to the district engineer if any <br />listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the <br />