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4. Migratory Bird Brecdina Arens. Activities in waters of the united States that serve <br />as breeding areas for migratory birds must be avoided to the maximum extent practicable. <br />5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, <br />unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and <br />48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27, <br />G. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car <br />bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic <br />pollutants in toxic amounts (see Section 307 ol'the Clean Water Act). <br />7. Water Supply Intakes. No activity may occur in the proximity of a public water <br />supply intake, except where the activity is for the repair or improvement of public water supply <br />intake structures or adjacent bank stabilization. <br />R. Adverse Effects From Impoundments. if the activity creates all impoundinent of <br />water, adverse cflcets to the aquatic system due to accelerating the passage of water, and /or <br />restricting its flow must be minimized to the maximum extent practicable. <br />9. Management of Water Flows. 'ro the maximum extent practicable, (lie pre - <br />construction course, condition, capacity, and location of open waters must be maintained for <br />each activity, including stream channelization and storm water management activities, except as <br />provided below. The activity must be constructed to withstand expected high flows. The activity <br />must not restrict or impede the passage of normal or high flows, unless the primary purpose of <br />the activity is to impound water or manage high flows. The activity may alter the pre - <br />construction course, condition, capacity, and location of open waters if it benefits the aquatic <br />environment (e.g., stream restoration or relocation activities). <br />10. Fills Within 100 -Year Flood plains. The activity must comply with applicable <br />f -'[-',MA- approved state or local floodplain management requirements. <br />11. Equipment. l Leavy equipment working in wetlands or mudflats must be placed on <br />mats, or other measures must be taken to minimize soil disturbance. <br />12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment <br />controls must be used and maintained in effective operating condition during construction, and <br />all exposed soil and other fills, as well as any work below the ordinary high water mark or high <br />tide line, must be permanently stabilized at the earliest practicable date. Permittees are <br />encouraged to perform work within waters of the United States during periods of low -flow or no- <br />flow. <br />13. Removal of Temporary Fills. Temporary fills must be removed in their entirely and <br />the affected areas returned to pre - construction elevations. The affected areas must be <br />rcvcgctated, as appropriate. In Colorado, when temporary fills are placed in wetlands, a <br />horizontal marker (i.e. fabric, certifies weed -free straw, etc.) must be used to delineate the <br />existing ground elevation of wetlands that will he temporarily filled during construction. <br />