2020-10-12_PERMIT FILE - M2020047

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Nationwide Permit 33 Summary Page 2 expense to the United States.No claim shall be made ❑ 11. Equipment.Heavy equipment working in wetlands or against the United States on account of any such removal mudflats must be placed on mats,or other measures must be or alteration. taken to minimize soil disturbance. ❑ 2. Aquatic Life Movements.No activity may ❑ 12. Soil Erosion and Sediment Controls.Appropriate soil substantially disrupt the necessary life cycle movements of those erosion and sediment controls must be used and maintained in species of aquatic life indigenous to the waterbody,including effective operating condition during construction,and all those species that normally migrate through the area,unless the exposed soil and other fills,as well as any work below the activity's primary purpose is to impound water.All permanent ordinary high water mark or high tide line,must be permanently and temporary crossings of waterbodies shall be suitably stabilized at the earliest practicable date.Permittees are culverted,bridged,or otherwise designed and constructed to encouraged to perform work within waters of the United States maintain low flows to sustain the movement of those aquatic during periods of low-flow or no-flow,or during low tides. species.If a bottomless culvert cannot be used,then the crossing ❑ 13. Removal of Temporary Fills. Temporary fills must be should be designed and constructed to minimize adverse effects removed in their entirety and the affected areas returned to Pre- to aquatic life movements. construction elevations. The affected areas must be revegetated, ❑ 3. Spawning Areas.Activities in spawning areas during as appropriate. spawning seasons must be avoided to the maximum extent ❑ 14. Proper Maintenance.Any authorized structure or fill practicable.Activities that result in the physical destruction(e.g., shall be properly maintained,including maintenance to ensure through excavation,fill,or downstream smothering by public safety and compliance with applicable NWP general substantial turbidity)of an important spawning area are not conditions,as well as any activity-specific conditions added by authorized. the district engineer to an NWP authorization. ❑ 4. Migratory Bird Breeding Areas.Activities in waters p 15. Single and Complete Project. The activity must be a of the United States that serve as breeding areas for migratory single and complete project.The same NWP cannot be used birds must be avoided to the maximum extent practicable. more than once for the same single and complete project. ❑ 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly El 16. Wild and Scenic Rivers. related to a shellfish harvesting activity authorized by NWPs 4 ❑ (a) No NWP activity may occur in a component of the and 48,or is a shellfish seeding or habitat restoration activity National Wild and Scenic River System,or in a river authorized by NWP 27. officially designated by Congress as a"study river" for ❑ 6. Suitable Material.No activity may use unsuitable possible inclusion in the system while the river is in an material(e.g.,trash,debris,car bodies, asphalt,etc.).Material official study status,unless the appropriate Federal agency used for construction or discharged must be free from toxic with direct management responsibility for such river,has pollutants in toxic amounts(see section 307 of the Clean Water determined in writing that the proposed activity will not Act). adversely affect the Wild and Scenic River designation or study status. ❑ 7. Water Supply Intakes.No activity may occur in the ❑ (b)If a proposed NWP activity will occur in a proximity of a public water supply intake,except where the component of the National Wild and Scenic River System, activity is for the repair or improvement of public water supply or in a river officially designated by Congress as a"study intake structures or adjacent bank stabilization. river" for possible inclusion in the system while the river is ❑ 8. Adverse Effects From Impoundments.If the activity in an official study status,the permittee must submit a pre- creates an impoundment of water,adverse effects to the aquatic construction notification(see general condition 32).The system due to accelerating the passage of water,and/or district engineer will coordinate the PCN with the Federal restricting its flow must be minimized to the maximum extent agency with direct management responsibility for that river. practicable. The permittee shall not begin the NWP activity until ❑ 9. Management of Water Flows. To the maximum extent notified by the district engineer that the Federal agency with practicable,the preconstruction course, condition,capacity,and direct management responsibility for that river has location of open waters must be maintained for each activity, determined in writing that the proposed NWP activity will including stream channelization, storm water management not adversely affect the Wild and Scenic River designation activities,and temporary and permanent road crossings,except or study status. as provided below.The activity must be constructed to withstand ❑ (c)Information on Wild and Scenic Rivers may be expected high flows.The activity must not restrict or impede the obtained from the appropriate Federal land management passage of normal or high flows,unless the primary purpose of agency responsible for the designated Wild and Scenic the activity is to impound water or manage high flows. The River or study river(e.g.,National Park Service,U.S.Forest activity may alter the preconstruction course,condition, Service,Bureau of Land Management,U.S. Fish and capacity,and location of open waters if it benefits the aquatic Wildlife Service).Information on these rivers is also environment(e.g., stream restoration or relocation activities). available at:http://www.rivers.gov/. ❑ 10. Fills Within 100-Year Floodplains.The activity must ❑ 17. Tribal Rights.No NWP activity may cause more than comply with applicable FEMA-approved state or local minimal adverse effects on tribal rights(including treaty rights), floodplain management requirements. protected tribal resources,or tribal lands.