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<br />SECTION 404 ONLY CONDI77ONS <br />In addition to the General Conditions, the following conditions apply only to activities that involve <br />the discharge of dredged ar fiil material and must be followed in order for authorization by the pationwide <br />permits w be valid: <br />(1) Water Supply intakes. No discharge of dredged or fill material may occur in the proximity of <br />a public water supply intake except where the discharge is for repair of the pubGe water supply intake <br />structures or adjat:ent bank stabilization. <br />(2) Shellfish production. No discharge of dredged or fill material may occur is areas of concentrated <br />shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by <br />nationwide permit 4. <br />(3) Suitable material. No discharge of dredged or fill material may cotssist of ursuitable material <br />(e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in wxic <br />amounts. <br />(4) Miti>>at`n. Discharges of dredged or fill material into waters of the United States must be <br />minimized or avoided to the maximum extent practicable at the project site (i.e. on-site), unless the district <br />engineer has approved a compensation mitigation plan for the specific regulated activity. <br />(S) Soawnine areas. Discharges in spawning areas during spawning seasons must be avoided to the <br />maximum extent Ipracticable. <br />(~ Obstruction of hieh flows. To the maximum extent practicable, discharges must not permanently <br />restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless <br />the primary purpose of the fill is to impound waters). <br />('n Adv,orse impacts from impoundments. If the dischazge creates an impoundment of water, <br />adverse impacts oo the aquatic system caused by the accelerated passage of water and/or the restriction of <br />its flow shall be minimized to the maximum extent practicable. <br />(g) Waterfowl breedine areas. Discharges into breeding arras for migratory waterfowl must be <br />avoided to the ma.zimum extent practicable. <br />(9) Removal of temporary fills. Any temporary fills must be removed i their eotirUy and the <br />affected areas rehrrned to their preexisting elevation. <br />