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m �e Federal Register / Vol. s1.. No. 219 / Thursday. November 13. 1986 / Rules and Regulations! 41257 navigable waters of the United States (i.e., isolated waters). (b) Conditions. The following special conditions must be followed In order for / the nationwide permits identified in paragraph (a) of this section to be valid. (1) That any discharge of dredged or fill material will not occur to the proximity of a public water supply intake. (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)j4) of this section. (3) That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act (ESA), or destmy or adversely modify the critical habitat of such species. In the case of federa! agencies, it is the agencies' responsibility to comply with the requirements of the ESA, If the activity may adversely affect any listed species or critical habitat, the district engineer must initiate Section 7 consultation in accordance wi:h the ESA. In such cases, the district engineer may: (i) Initiate section 7 consultation and then. upon comp'etion, authorize the activity under the nationwide permit by ,adding, if appropriate. activity specific conditions, or (0) Prior to or concurrent with section 7 consultation he may recommend discretionary authority (See section 3110.8) or use modification, suspension. ur revocation procedures (See 33 CFR (4) That the activity shall not significantly disrupt the movement of chose species of aquatic life indigenous !o the waterbody (unless the primary purpose of the fill is to impound water); (5) That any discharge of dredged or fill material shall consist of suitable material free from toxic pollutants (see section 307 of the Clean Water Act) in toxic amounts: (6) That any structure or fill authorized shall be properly maintained. (7) That the activity will not occur in a component of the National Wild and Scenic River System: nor in a river officially designated by Congress as a ..study river" for possible inclusion in the system. while the river is in an official study status: (8) That the activity shall not cause an unacceptable interference with navigation; (9) That, if the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the ;rational Register of Historic Places. the heimittee will notify the district engineer. If the district engineer determines that such historic properties may be adversely affected. he - rill provide the Advisory Council on Historic Preservation an opportunity to comment on the effects on such historic properties or he will consider modification, suspension, or revocation in accordance with 33 CFR 325.7. Furthermore, that. if the permittee before or during prosecution of the work authorized. encounters a historic property that has not been listed or determined eligible for listing on the National Register, but which may be eligible for listing in the National Register, he shall immediately notify the district engineer. fin) That the construction or operation of the activity will not impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights: (11) That in certain states, an individual state water quality certification must be obtained or waived (See § 330.9); (12) That in certain states. an individual state coastal zone management consistency concurrence must be obtained or waived (See g 33U.10); (13) That the activity will comply with regional conditions which may have bee - added by the division engineer (See 9 330.8(a)); and (14) That the management practices listed in § 330.6 of this part shall be followed to the maximum extent practicable. (c) Further information. (1) District engineers are authorized to determine if an activity complies with the terms and conditions of a nationwide permit unless that decision must be made by the division engineer in accordance with 1330.7. (2) Nationwide permits do not obviate the need to obtain other Federal, state or local authorizations required by law. (3) Nationwide permits do not grant any property rights or exclusive privileges. (41 Nationwide permits do not authorize any injury to the property or rights of others. (5) Nationwide permits do not authorize interference with any existing or proposed Federal project. (d) Modification. Suspension or Revocation of Nationwide Permits. The Chief of Engineers may modify, suspend. or revoke nationwide permits in accordance with the relevant procedures of 33 CFR 325.7. Such authority includes, but is not limited to: adding individual, regional, or nationwide conditions. revoking authorization for a category of activities or a category of waters by requiring individual or regional permits; or revoking an authorization on a case -by case basis. This authority is riot limited to concerns for the aquatic environment as is the discretionary authority in 1330.8. li 330.6 Yan"en s d pracdoes. (a) In addition to the conditions specified in 1330.5 of this Part, the following management practices shall be followed, to the maximum extent practicable, in order to minimize the adverse effects of these discharges on the aquatic environment. Failure to comply with these practices may be cause for the district engineer to recommend, or the division engineer to take, discretionary authority to regulate the activity on an individual or regional basis pursuant to § 330.8 of this Part. (1) Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons shall be avoided. (3) Discharges shall nut 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 purpose of the Fill is to impound waters). (4) If the discharge creates an .impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized. (5) Discharge in wetlands areas shall be avoided. (6) Heavy equipment working in wetlands shall be placed on mats. (7) Discharges into breeding areas for migratory waterfowl shall be avoided. (8) All temporary fills shall be removed in their entirety. § 330.7 Notification procedures. (a) The general permittee shalt not begin discharges requiring pre -discharge notification pursuant to the nationwide permit at 1330.5(a)(26): (1) Until notified by the district engineer that the work may proceed under the nationwide permit with any special conditions imposed by the district or division engineer, or (2) If notified by the district or division engineer that an individual permit may be required; or (3) Unless 20 days have passed from receipt of the notification by the district engineer and no notice has been