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NATIONWIDE PERMIT CONDITIONS FOR SPECIFIC CATEGORIES OF ACTIVITIES For purposes of Section 10 of the Rivers and Harbors Act of' March 3, 1899, and Section 404 of the Clean Water Act, the following special conditions must be satisfied prior to any discharge of dredged or fill materials associated with the activities performed under the authority of nationwide permits for specific categories of discharges: (1) That any discharge of dredged or fill. material will not occur in the proximity of a public water supply intake; (2) That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity authorized by a nationwide permit; (3) That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. In the case of Federal agencies, it is the agencies' responsibility to comply with the requirements of the act; (4) That the activity shall not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primar7 purpose of the fill is to impound water); • (5) That any discharge of dredged or fill material shall consist of suitable material free from toxic pollutants in toxic amounts; (6) That any structure or fill authorized shall be properly maintained; (7) That the activity shall not occur in a component of the National Wild and Scenic River System nor in a "study river" designated by Congress for possible inclusion; (8) That the activity shall not cause an unacceptable interference with navigation; (9) That, if the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic ?laces, the permittee will notify the District Engineer; (10) That the construction or operation of the activity will not impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights;