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5. Discharges in spawning areas during spawning seasons must be avoided to the <br /> maximum extent practicable. <br /> 6. To the maximum extent practicable, discharges must not permanently restrict or <br /> impede the passage or normal or expected high flows or cause the relocation of the water <br /> (unless the primary purpose of the fill is to impound waters). <br /> 7. If the discharge creates an impoundment of water, adverse impacts on the aquatic <br /> system caused by the accelerated passage of water and/or the restriction of its flow shall be <br /> minimized to the maximum extent practicable. <br /> 8. Discharges into breeding areas for migratory waterfowl must be avoided to the <br /> maximum extent practicable. <br /> 9. Any temporary fills must be removers in their entirety and the affected areas <br /> returned to the preexisting elevation. <br /> C. FURTHER INFORMATION: <br /> 1. District Engineers have the authority to determine if an activity complies with the <br /> terms and conditions of a nationwide permit. <br /> 2. Nationwide permits do not obviate the need to obtain other Federal, state, or <br /> local permits, approvals, or authorizations required by law. <br /> 3. Nationwide permits do not grant any property rights or exclusive privileges. <br /> 4. Nationwide permits do not authorize any injury to the property or rights or <br /> others. <br /> S. Nationwide permits do not authorize interference with any existing or proposed <br /> Federal project. <br /> 6 <br />