EXHIBIT 4-1_55A_BRISTOL WIDENING EIS-EIR

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41254 federal Rooster / Val. 51. No. 219 1 Thursday, November 13. 1988 / Rules and Regulations aN PART 330—NATIONWIDE FERMI M Sec. 330.1 General. 330.2 Deitrutions. 3302 Activities occunng before certain dates. 330.4 Public notice. 330.5 Nationwide permits. 330.0 Management practices. 330.7 Notiticauon procedures. 330.8 t]laeretionary Authonty. 330.9 State water quality arttficanon. 330.10 Coastal Zone Management runs totem determ insuon. 330.11 Nituonwtdr peanut venficytion. 330.12 8xpirauon of nauonnnde permits. Asthaeirr 33 U.&C. 401 at seq.: 33 U_ &C. 134{:33 t1.S.C. 1413. ¢ 730.1 GeneraL The put"" of this regulation is to describe the Department of the Army's f DA) nationwide permit program and to list all current nationwide permits which have been issued by publication herein. A nationwide permit is a form of general permit which may authorize acttvtdaa throughout the nation. (Another type of general permit is a "regional permit" and is issued by division or district engineers on a regional basis. in accordance with 33 CPR Part U51, Copies of regional conditions and tx -s modifications, if any. to the nationwide permits can be obtained from the appropriate district engineer. Nationwide permits are designed to aiiow certain activities to occur with littk if any, delay 2r paperworir- Nationwide permits are valid only if the conditions applicable to the nationwide permits are met. Failure to comply with a condition does not necessarily mean the activity cannot be authonzed but rather that the activity can only be authorized by an individual or regional permit. Several of the nationwide permits require notification to the district engineer prior to commencement of the authorized activity. The procedures for tide notification are located at 1330.7 of this Part. Nationwide permits can be issued to saWfy the requirements of section. 10 of the Rivers and harbors Act of 1699. section 404 of the Clean Water Act. and /orsaction 103 of the Marine Protection. Research and Sanctuaries Act. The applicable authority is indicated at the end of each nationwide permit. ¢ 330.2 DefinnWts. (a) The definilons of 33 CFR Parts 321 -329 are applicable to the terms used in this Part. (b) The term "headwaters" means the point on a non -tidal stream above which the average annual flow is less than five cubic fact per second. The distract engineer may estimate this point from available data by using the mean annual area precipitation. area drainage basin maps. and the average runoff coo fliciont. or by similar means. For streams that are dry for long periods of the year. district engineers may establish the "headwaters" as that point on the stream where a flow of five cubic feet per second is equaled or exceeded 50 percent of the time. (c) Discretionary authority means the authority delegated to division engineers in 1 33t].Jt of this part to override provisions of nationwide permits. to add regional conditions. or to require individual pee:att application. ¢ 370.3 ACOMM oe PIN rI - b0am eertaln The [allowing activities were permitted by nationwide permits issued an July it IW7. and unless modified do not require further permitting: (a) Discharges of dredged or fU material iota waters of the United Ste tea outside the limits of navigable waters of the Incited States that occurred before the phase-ia dates which began July 23. 1979, and extended section 404 tu"ction to ail waters at the United oar r w. aw IN. OR on