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(b)Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise,
<br /> must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of
<br /> the United States.
<br /> (c)The permittee understands and agrees that, if future operations by the United States require the
<br /> removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of
<br /> the Secretary of the Army or his or her authorized representative, said structure or work shall cause
<br /> unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,
<br /> upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
<br /> obstructions caused thereby, without expense to the United States. No claim shall be made against the
<br /> 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
<br /> those species of aquatic life indigenous to the waterbody, including those species that normally migrate
<br /> through the area, unless the activity's primary purpose is to impound water. All permanent and temporary
<br /> crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to
<br /> maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be
<br /> used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life
<br /> movements.
<br /> 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the
<br /> maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill,
<br /> 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
<br /> migratory birds must be avoided to the maximum extent practicable.
<br /> 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity
<br /> is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding
<br /> 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.).
<br /> Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see
<br /> 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
<br /> where the activity is for the repair or improvement of public water supply intake structures or adjacent
<br /> bank stabilization.
<br /> 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects
<br /> to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be
<br /> minimized to the maximum extent practicable.
<br /> 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course,
<br /> condition, capacity, and location of open waters must be maintained for each activity, including stream
<br /> 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
<br /> not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to
<br /> impound water or manage high flows. The activity may alter the pre-construction course, condition,
<br /> capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
<br /> relocation activities).
<br /> 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or
<br /> 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.
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