• <br /> 38. Cleanup of Hazardous and Toxic Waste. Specific activities required to effect the containment, stabilization or <br /> removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency <br /> with established legal or regulatory authority provided the permittee notifies the district engineer in accordance with <br /> the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification <br /> must also include a delineation of affected special aquatic sites, including wetlands. Court ordered remedial action <br /> plans or related settlements are also authorized by this nationwide permit. This nationwide permit does not <br /> authorize the establishment of new disposal sites or the expansion of existing sites used for the disposal of hazardous <br /> or toxic waste. (ons 10 and 404) <br /> 39. RESERVED - <br /> 40. Farm Buildings. Discharges of dredged or fill material into jurisdictional wetlands (but not including prairie <br /> potholes, playa lakes, or vernal pools) that were in agricultural crop production prior to December 23, 1985, i.e., <br /> farmed wetlands, for foundations and building pads for buildings or agricultural related structures necessary for <br /> farming activities. The discharge will be limited to the minimum necessary but will in no case exceed 1 acre (see <br /> the "Minimization" Section 404 only condition). (Section 404) <br /> General Conditions <br /> The following general conditions must be followed in order for any authorization by a NWP to be valid: <br /> 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. <br /> 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to <br /> ensure public safety. <br /> 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in <br /> effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized <br /> at the earliest practicable date. <br /> 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life <br /> indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's <br /> primary purpose is to impound water. <br /> 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken <br /> to minimize soil disturbance. <br /> 6. Regional and Case - by - Case Conditions. The activity must comply with any regional conditions which may have <br /> been added by the division engineer (see 33 CFR 330.4(e)) and any case specific conditions added by the Corps. <br /> 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; <br /> or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the <br /> river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park <br /> Service and the U.S. Forest Service. <br /> 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, <br /> reserved water rights and treaty fishing and hunting rights. <br /> 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained - <br /> or waived (see 33 CFR 330.4(c)). <br /> 10 <br />