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of aquatic resource values by creating, restoring, and enhancing similar functions and values. In addition, mitigation <br /> must address impacts and cannot be used to offset the acreage of wetland losses that would occur in order to meet <br /> the acreage limits of some of the nationwide permits, e.g., 5 acres of wetlands cannot be created to change a 6 acre <br /> loss of wetlands to a 1 acre loss; however, the 5 created acres can be used to reduce the impacts of the 6 acre loss. <br /> Section 404 Conditions <br /> In addition-tcritie General Conditions, the following conditions which apply to actividts that involve the <br /> discharge of dredged or fill material in waters of the United States must be followed for authorization by the NWPs <br /> to be valid: <br /> 1. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water <br /> supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank <br /> stabilization. <br /> 2. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish <br /> production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. <br /> 3. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material, e.g., trash, debris, <br /> car bodies, etc., and material discharged must be free from toxic pollutants in toxic amounts (see Section 307 of <br /> the Clean Water Act). <br /> 4. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided <br /> to the maximum extent practicable at the project site, i.e., on -site, unless the DE has approved a compensation <br /> mitigation plan for the specific regulated activity. <br /> 5. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum <br /> extent practicable. <br /> 6. Obstruction of High Flows. To the maximum extent practicable, discharges must not permanently restrict or <br /> impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary <br /> purpose of the fill is to impound waters). <br /> 7. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on <br /> the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized <br /> to the maximum extent practicable. <br /> 8. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the <br /> maximum extent practicable. <br /> 9. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas <br /> returned to their preexisting elevation. <br /> 13 <br />