(a) In issuing a permit, the department relies in part
on the information provided by the permittee with the application.
If such information proves to be false, incomplete, or inaccurate,
a permit may be modified, suspended, or revoked, in whole or in part
following the administrative proceedings required by law.
(b) Structures and activities authorized under a general
permit shall be in compliance with all applicable terms and conditions
of §69.115 of this title (relating to General Permits) and this
section. Failure to abide by such conditions invalidates the permit
and may constitute operation without a permit.
(c) Permittee shall not prevent the full and free public
use of navigable waters at or adjacent to the project.
(d) There shall be no interference with navigation.
(e) Permittee shall make every reasonable effort to
conduct the activities authorized hereunder in a manner which minimizes
any adverse impact of the work on water quality, fish and wildlife
and their habitats, and the natural environment.
(f) Permittee shall allow authorized department representatives
access to the project site as needed for periodic inspections to ensure
that the activity being performed under the permit is consistent with
the terms and conditions herein.
(g) Stream or river realignment is not authorized under
the general permit. Activities shall not restrict or impede the passage
of normal or expected high flows or cause the relocation or diversion
of water.
(h) The project shall be designed to be stable against
the forces of flowing water, wave action, and the wake of passing
vessels.
(i) Appropriate erosion and siltation controls shall
be used and maintained in effective operating condition during construction
and all exposed soil and other fills shall be stabilized at the earliest
practicable date.
(j) Activities conducted in wetlands shall be avoided
if practicable. If not practicable, wetland activities shall be minimized
through the use of other alternatives. Heavy equipment working in
wetlands must be placed on mats, or other equivalent measures must
be taken to minimize soil disturbance.
(k) No activities may occur within 1,000 feet of a
public water supply intake, except for construction or repair of public
water supply intake structures or adjacent bank stabilization.
(l) No authorization is granted under the general permit
for an activity that is likely to result in the take of or jeopardize
the continued existence of a threatened or endangered state or federal
species or a species proposed for such designation, or for an activity
that is likely to destroy or adversely modify the designated critical
habitat of such species.
(m) The project shall not significantly disrupt the
movement of species or aquatic life indigenous to the water body or
those species that normally migrate through the project area. Activities
in spawning areas during spawning seasons or in breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
(n) Trees, particularly mast-producing trees such as
oaks and hickories, shall be avoided wherever practicable.
|