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5. Shellfish Beds No activity may occur in areas of concentrated shellfish <br />populations, unless the activity is directly related to a shellfish harvesting activity <br />authorized by NWPs 4 and 48. <br />6. Suitable Material No activity may use unsuitable material (e.g., trash, debris, <br />car bodies, asphalt, etc.). Material used for construction or discharged must be free from <br />toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). <br />7. Water Supply Intakes No activity may occur in the proximity of a public <br />water supply intake, except where the activity is for the repair or improvement of public <br />water supply intake structures or adjacent bank stabilization. <br />8. Adverse Effects From Impoundments If the activity creates an impoundment <br />of water, adverse effects to the aquatic system due to accelerating the passage of water, <br />and /or restricting its flow must be minimized to the maximum extent practicable. <br />9. Management of Water Flows To the maximum extent practicable, the pre - <br />construction course, condition, capacity, and location of open waters must be maintained <br />for each activity, including stream channelization and storm water management activities, <br />except as provided below. The activity must be constructed to withstand expected high <br />flows. The activity must not restrict or impede the passage of normal or high flows, <br />unless the primary purpose of the activity is to impound water or manage high flows. The <br />activity may alter the pre- construction course, condition, capacity, and location of open <br />waters if it benefits the aquatic environment (e.g., stream restoration or relocation <br />activities). <br />10. Fills Within 100 -Year Floodplains The activity must comply with <br />applicable FEMA- approved state or local floodplain management requirements. <br />11. Equipment Heavy equipment working in wetlands or mudflats must be <br />placed on 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 <br />construction, and all exposed soil and other fills, as well as any work below the ordinary <br />high water mark or high tide line, must be permanently stabilized at the earliest <br />practicable date. Permittees are encouraged to perform work within waters of the United <br />States during periods of low -flow or no -flow. <br />13. Removal of Temporary Fills Temporary fills must be removed in their <br />entirety and the affected areas returned to pre - construction elevations. The affected areas <br />must be revegetated, as appropriate. <br />14. Proper Maintenance Any authorized structure or fill shall be properly <br />maintained, including maintenance to ensure public safety. <br />