CORRESPONDENCE_1987-1991 - Laserfiche WebLink

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2. The discharge will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity. 3. The discharge will not jeopardize a threatened or endangered species as identified under the Endangered Species Act,or destroy or adversely modify the critical habitat of such species. In the case of Federal agencies, it is the agencies' responsibility to review its activities to determine if the action "may affect"any listed species or critical habitat.if so,the Federal agency must consult with the Fish and Wildlife Service and/or the National Marine Fisheries Service. 4. The discharge will consist of suitable material free from toxic pollutants in toxic amounts. 5. The fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution. 6. The activity will not significantly disrupt the movement of those species of aquatic life indigenous to the water body (unless the primary purpose of the fill is to impound water). 7. The discharge will not occur in a component of the National Wild and Scenic River system;or any 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. The activity will 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 National Register of Historic Places,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 on the effects on such historic properties or he will consider modification, suspension, or revocation. Furthermore,that if the permittee, during prosecution of the work authorized, encounters historic property that has not been listed or determined eligible for listing in 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 activities 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. IN CALIFORNIA, CERTIFICATION IS REQUIRED IN LAKE TAHOE DRAINAGE AREA AND CALIFORNIA WILD AND SCENIC RIVERS. In Nevada,Utah,and Colorado,certification is NOT required. 12. That in coastal areas of California,an individual State Coastal Zone Management Consistency concurrence must be obtained or waived. 13. That the activity will comply with the regional conditions which may have been added by the Division Engineer. 14. That the management practices listed below shall be followed to the maximum extent practicable. E. MANAGEMENT PRACTICES: Management practices are intended 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. 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 season shall be avoided. 3. Discharges shall not restrict or impede the movement of aquatic species indigenous to the water 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 water). 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. 2