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4. Migi -aiory Bird Breeding: Arcas. Activities in Waters of the United Stl(cs that serve <br />'IS breeding arus fol' migratory birds Must be avoided to the 1llaXil111-1111 Cx(Cil( practicable. <br />5. Shellfish Beds. No activity Hilly OCCLII- 111 areas of concentrated shellfish populations, <br />unless the activity is directly related to a shellfish harvesting activity au(IulriZCCI by NWPs 4 and <br />118, or is a shellfish seeding or habitat restoration activity aLithorifCd by NWP 27. <br />6. Suitable Material. No activity play use uLlsLlitable 111aterial (e.g., trash, debris, car <br />bodies, asphalt, etc.). Material used for construction Or discharged must be fine from toxic <br />pollutants in toxic anloullls (sec Section 307 ol'the Clean Water /pct). <br />7. Water Supply Intakes. No activity may occur in (he proximity 01-a public Water <br />supply intake, except where the activity is for the repair or improvement of public Water supply <br />iiltakc structures or adjacent battle stabilization. <br />ti. Adverse Effects lei-om Impoundments. if, the activity creates an inlpoundnlcrlt of <br />water, adverse effects to the aquatic system due to accelerating the passage of wales, and /or <br />i- Cstrictilig its flow Illllst be I1111111111z.CCl to the Illaxlil111111 extent practicable. <br />9. Manag;emeilt of Watel- Flows. To the illaxilllum extent practicable, the prc- <br />coilstructioll course, comlitlon, capacity, and location of Open waters MUM be nlalllt lillCd fOr <br />Ci1ch 8diVity, 111CILIding StrCalll challilelization and storm water mmlagernent activities, except m <br />provided below. The activity must be constructed to withstand expected high Mows. The activity <br />must not restrict or impecle the passage ol'nornlal or high flows, unless the prilllarY purpose of <br />file activity is to impound Witter 01, manage high flows. The activity may al(cr the pre - <br />construction alursc, condition, capacity, and location of'open waters if it henchts the aquatic <br />environment (e.g., stream restoration or relocation activities). <br />10. hills Within 100 -Year hloodplains. The activity must comply Nvilh applicable <br />F I?MA- approved state or local floodplain management rcquircnlcilts. <br />11. Fguipment. I leavy CClLlip111Cnt working ill wCOMICIS or illudflats nlus( he placed oil <br />mats, or other measures must be taken to minimize soil disturbance. <br />12. Soil Emosion and Sediment Controls. Appropriate soil erosion and sediment <br />controls must he used and maintained in effective operating condition during construction, and <br />1111 exposed soil and other fills, as well as any work below the ordinary high water marl: or high <br />tide line, must be pert m ently stabilized at the earliest practicable elate. Permittces arc <br />encouraged to 1101-1'01-111 work within waters of the United States during periods of low -11ow or no- <br />llow. <br />13. Removal of Temporary hills. Temporary fills must be removed in their entirety and <br />the aflccted areas returned to pre - construction elevations. The affected areas must lie <br />revegetatcd, as appropriate. In Coloi -ado, when tempol•aly fills arc placed in wetlands, a <br />horizontal marker (i.e. fabric, certifies weed -fi•ce straw, etc.) must be used to delineate the <br />existing ground elevation of wetlands that will be tempol-at-illy filled during construction. <br />