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Nationwide Permit 45 <br />Repair of Uplands Damaged by <br />Discrete Events <br />This NWP authorizes discharges of dredged or fill material, including dredging or <br />excavation, into all waters of the United States for activities associated with the restoration of <br />upland areas damaged by storms, floods, or other discrete events. This NWP authorizes bank <br />stabilization to protect the restored uplands. The restoration of the damaged areas, including any <br />bank stabilization, must not exceed the contours, or ordinary high water mark, that existed before <br />the damage occurred. The district engineer retains the right to determine the extent of the pre- <br />existing conditions and the extent of any restoration work authorized by this NWP. The work <br />must commence, or be under contract to commence, within two years of the date of damage, <br />unless this condition is waived in writing by the district engineer. This NWP cannot be used to <br />reclaim lands lost to normal erosion processes over an extended period. <br />This NWP does not authorize beach restoration or nourishment. <br />Minor dredging is limited to the amount necessary to restore the damaged upland area <br />and should not significantly alter the pre-existing bottom contours of the waterbody. (Sections <br />10 and 404) <br />Note: The uplands themselves that are lost as a result of a storm, flood, or other discrete <br />event can be replaced without a section 404 permit, if the uplands are restored to the ordinary <br />high water mark (in non -tidal waters) or high tide line (in tidal waters). (See also 33 CFR 328.5.) <br />This NWP authorizes discharges of dredged or fill material into waters of the United States <br />associated with the restoration of uplands. <br />Nationwide Permit General Conditions <br />Note: To qualify for NWP authorization, the prospective permittee must comply with the <br />following general conditions, as applicable, in addition to any regional or case -specific <br />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 regulations <br />or otherwise, must be installed and maintained at the permittee's expense on authorized facilities <br />in navigable waters of the United States. <br />(c) The permittee understands and agrees that, if future operations by the United States <br />require the removal, relocation, or other alteration, of the structure or work herein authorized, or <br />if, in the opinion of the Secretary of the Army or his authorized representative, said structure or <br />work shall cause unreasonable obstruction to the free navigation of the navigable waters, the <br />