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General Conditions: To qualify for NWP authorization, the prospective permittee must <br />comply with the following general conditions, as appropriate, in addition to any regional <br />or case - specific conditions imposed by the division engineer or district engineer. <br />1. Navigation. (a) No activity may cause more than a minimal adverse effect on <br />navigation. <br />(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through <br />regulations or otherwise, must be installed and maintained at the permittee's expense on <br />authorized facilities in navigable waters of the United States. <br />(c) The permittee understands and agrees that if future operations by the United <br />States require the removal, relocation, or other alteration, of the structure or work herein <br />authorized, or if, in the opinion of the Secretary of the Army or his authorized <br />representative, said structure or work shall cause unreasonable obstruction to the free <br />navigation of the navigable waters, the permittee will be required, upon due notice from <br />the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions <br />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 <br />life cycle movements of those species of aquatic life indigenous to the waterbody, <br />including those species that normally migrate through the area, unless the activity's <br />primary purpose is to impound water. Culverts placed in streams must be installed to <br />maintain low flow conditions. <br />3. Spawning Areas. Activities in spawning areas during spawning seasons must <br />be avoided to the maximum extent practicable. Activities that result in the physical <br />destruction (e.g., through excavation, fill, or downstream smothering by substantial <br />turbidity) of an important spawning area are not authorized. <br />4. Migratory Bird Breeding Areas. Activities in waters of the United States that <br />serve as breeding areas for migratory birds must be avoided to the maximum extent <br />practicable. <br />5. Shellfish Beds. No activity may occur in areas of concentrated shellfish <br />populations, unless the activity is directly related to a shellfish harvesting activity <br />authorized by NWPs 4 and 48. <br />6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, <br />car bodies, asphalt, etc.). Material used for construction or discharged must be free from <br />toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). <br />7. Water Supply Intakes. No activity may occur in the proximity of a public <br />water supply intake, except where the activity is for the repair or improvement of public <br />water supply intake structures or adjacent bank stabilization. <br />