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27. Wetland and Riparian Restoration and Creation Activities. Activities in waters of the United States associated <br /> with the restoration of altered and degraded non -tidal wetlands and creation of wetlands on private lands in <br /> accordance with the terms and conditions of a binding wetland restoration or creation agreement between the <br /> landowner and the U.S. Fish and Wildlife Service (USFWS) or the Soil Conservation Service (SCS); or activities <br /> associated with the restoration of altered and degraded non -tidal wetlands, riparian areas and creation of wetlands <br /> and riparian areas on U.S. Forest Service and Bureau of Land Management lands, federal surplus lands, e.g., military <br /> lands proposed for disposal, Farmers Home Administration inventory properties, and Resolution Trust Corporation <br /> inventory propetries„hat are under federal control prior to being transferred to the private sector.' Such activities <br /> include, but are not limited to: installation and maintenance of small water control structures, dikes, and berms; <br /> backfilling of existing drainage ditches; removal of existing drainage structures; construction of small nesting <br /> islands; and other related activities. This nationwide permit applies to restoration projects that serve the purpose <br /> of restoring "natural" wetland hydrology, vegetation, and function to altered and degraded non -tidal wetlands and <br /> "natural" functions of riparian areas. For agreement restoration and creation projects only, this nationwide permit <br /> also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its prior <br /> condition and use, i.e., prior to restoration under the agreement, within five years after expiration of the limited term <br /> wetland restoration or creation agreement, even if the discharge occurs after this nationwide permit expires. The <br /> prior condition will be documented in the original agreement, and the determination of return to prior conditions <br /> will be made by the federal agency executing the agreement. Once an area is reverted back to its prior physical <br /> condition, it will be subject to whatever the Corps regulatory requirements will be at that future date. This <br /> nationwide permit does not authorize the conversion of natural wetlands to another aquatic use such as creation of <br /> waterfowl impoundments where a forested wetland previously existed. (Sections 10 and 404) <br /> 28. Modifications of Existing Marinas. Reconfigurations of existing docking facilities within an authorized marina <br /> area No dredging, additional slips or dock spaces, or expansion of any kind within waters of the United States are <br /> authorized by this nationwide permit. (Section 10) <br /> 29. RESERVED <br /> 30. RESERVED <br /> 31. RESERVED <br /> 32. Completed Enforcement Actions. Any structure, work or discharge of dredged or fill material undertaken in <br /> accordance with, or remaining in place in compliance with, the terms of a final federal court decision, consent <br /> decree, or settlement agreement in an enforcement action brought by the United States under Section 404 of the <br /> Clean Water Act and/or Section 10 of the River and Harbor Act of 1899. (Sections 10 and 404) <br /> 33. Temporary Construction, Access and Dewatering. Temporary structures and discharges, including cofferdams, <br /> necessary for construction activities or access fills or dewatering of construction sites; provided the associated <br /> permanent activity was previously authorized by the Corps of Engineers or the U.S. Coast Guard, or for bridge <br /> construction activities not subject to federal regulation. Appropriate measures must be taken to maintain near <br /> normal downstream flows and to minimize flooding. Fill must be of materials and placed in a manner that will not <br /> be eroded by expected high flows. Temporary fill must be entirely removed to upland areas following completion <br /> of the construction activity and the affected areas restored to the pre- project conditions. Cofferdams cannot be used <br /> to dewater wetlands or other aquatic areas so as to change their use. Structures left in place after cofferdams are <br /> removed require a Section 10 permit if located in navigable waters of the United States. (See 33 CFR Part 322). <br /> The permittee must notify the district engineer in accordance with the "Notification" general condition. The <br /> notification must also include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic <br /> resources. The district engineer will add special conditions, where necessary, to ensure that adverse environmental <br /> impacts are minimal. Such conditions may include: limiting the temporary work to the minimum necessary, - <br /> 8 <br />