75C - PH - BRISTOL EIR FROM WARNER TO ST. ANDREW

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Federal Register / Vol. 51. No. 219 / Thursday, November 13. 1938 / Rules and Regulations 41257 navigable waters of the Unitad States (1.1- iaoiaud waters). (bl Candtlans. The following special conditions must be followed in order for the nationwide permits identified in paragraph (a) of this section to be valid: itt) That any discharge of unrolled or fill material will not *=or in the proximity of a public water supply miake. (2) That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity authorized by paragraph (a)(4) of this section. 131 That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act (FSA), or destroy or adversely modify the critical habitat of such species. In the case of federal agencies. it is the agencies' responsibility to comply with the requirements of the ESA. 31 the ectivnv may advenely affect any listed species or cnticai habitat. the disir.ct engineer must initiate Section 7 consultation in accordance with the ESA. in such cases. the district engineer may, (1) Initiate section 7 conauhation and then. upon completion. authorize the acuvny under the nationwide permit by adding. if appropnee. activity specific conditions. or (im) Pror to or concurrent with section consultation he may recommend discretionary aulhority f5ee sect:an 330.0) or use modification suspension, or revocation procedures ISee 33 CFR 3257). 141 net the activity shall not significantly disrupt the movement of those species of aquatic life indigenous to the welerbtdy (unless the primary purpose of the fill is to impound water): 15) That any discharge of dredged or fill' material shall consist of suitable material free from toxic pollutants (see section 30; of the Clean water Act) in toxic 4mounis: J11) That any structure or fill mathartxtd shall be praper)y maintained 171 That the activity will nuroccur in a component of the National Wild and Scenic River System.. nor in a river officially designated by Congress as a "study river" for passible Inclusion in the system. while the inter is in an official study atatuc (a) Shat the activity shall not case an anaWptablo interference with navigation: (0) That, if the activity may adversely affect historic properties which the National Park Service has used as or datartained eligible for listing am the National Register of f otoric (Haws. the permittee will notify the district engineer. If the district engineer determines that such historic properties may be adversely affected. he will provide the Advisory Council on Historic Preservation an opportunity to comment om the effects on such historic properties or he will consider modification. suspension. or revocation in accordance with 33 CFR 325.7. Furthermore. thaL if the permittee before air daring prosecution of the work authorized. encounters a historic property that has not been listed or determined eligible for had" on the National Register, but which may be eligible for listing in the National Register. he shall immediately notify the district engineer, (10) That the construction or operation of the activity will not impair reserved tribal rights. including, but not limisd to, reamed water rights and treaty fishing and hunting rights: (111 That in certain states, an individual state water gaslrry certification must be obtained or waived (See 1330-91: 1121 That in certain statss. an individual start coastal zone management consistency concurrence must be obtained or waived (See 1330.10): 1131 That the activity will comply with regional conditions which may have been added by the division engineer (See 1 330.alalh and - (141 That the management practical listed in 6 330.5 of this part shall be followed to the maximum extent practicable. (c) Further information. (11 District engineers are authorized to determine if sal activity complies with the terms and conditions of a nationwide permit unless that decision must be made by the divinan engineer in accordance with (2) Nationwide Portrait do not obviate the need to obtain other Federal. state or local authorisations required by law. (3) Nationwide permiui do not grant any property rights at exclusive privileges, 141 Nationwide permits do not authorise any injury to the property or rights of others. (3) Nationwide permits do not auL`ty iza interference with any existing or proposed Federal project. (d) Modifttvd'on. Suepasizi or Revaeation of Nationwide Permits. The Chief of Engineers cosy modify. suspend or revoke nationwide Permits in atxmrdams with the relevant procedures of 33 CFR 323.7. Such Authority includes. but is mot limited to: addidg individual. regional. or nationwide conditions: revoking suthurizenon for a category of activities 75C -282 or a category of waters by requiring individual or regional perotiis: or revoking an authorization on a ease -by. case basis. This authority is not limited to concerns for the aquatic mvieonment to is the discretionary authority in 1 33aa. 1=A rwtgatrwm wmun (a) la addition to the conditions specified In 1330.3 of this Part. the following management practical shall be followed to the maximam extent practicable. in order to mmissize the adverse effects of these discharger an the aquatic environment. Failure to comply with theme practices may be cause for the district engineer to recommend, or the division engineer to take, discretionary, authority to reguiate the activity on an individual or regional basil punuant to 1330.9 of this part. (il Discharges of dredged or 511 material into waters of the tinted States @hall be avoided or minimized through the use of other practical alternatives. (21 Discharges in spawning areal during spawning seasons shag be avoided. (31 Discharges sheil not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary put"& of the till is to impoudd waters). (4) if the discharge create► an impoundment of water. adverse impacts an the aquatic system caused by the accelerated passage of water and /or the restriction of its flow shall be minimized. f5) Discharge in wetlands areas shall be avoided. (a) Heavy equipment working in wetlands shall be placed an mate. (7) Discharges into breeding area for mlgrstory wawifox! shall be avoided. (8) A:! :amp =tarry fun shall be mmoved in their entirety. f 330.7 Meaaeation wastoaer (aJ the general permitter shall not begin discharges requw ty pal- discharge notification pursuant to the nationwide permit at 13303(01129): (1) UntLL notified by the district engineer that the work may proceed under the nationwide permit with Any special conditions imposed by the district at division engineer: or 121 if notified by the district or division engineer that an tndividuat permit may be required: ar (3) unless 20 days have paved from receipt of the notification by the district engineer and no nonce het been