184.108.40.206 Activity-Specific Conditions. In addition to complying with any activity-
specific conditions discussed above, compliance with the following special conditions is
required for any of the above nationwide permits for specific activities to be valid.
a) The discharge of dredge or fill material will not be located in the
proximity of a public water supply intake.
b) The discharge of dredge or fill material will not occur in areas of
concentrated shellfish production.
c) The activity will not destroy a threatened or endangered species as
identified under the Endangered Species Act, or endanger the critical habitat of such
d) The activity will not disrupt the movement of those species of aquatic
life indigenous to the body of water.
e) The discharge of dredge or fill material will consist of suitable
material free from toxic pollutants in other than trace quantities.
f) The fill or structure will be properly maintained to prevent erosion and
g) The activity will not occur in a component of the National Wild and
Scenic River System or in a component of a state wild and scenic river
The activity will not cause an unacceptable interference with
i) The best management practices listed below should be followed to the
maximum extent practicable.