EXHIBIT 4-1_55A_BRISTOL WIDENING EIS-EIR

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Federal Registrer / Vol. 51. No. 219 1 Thursday, November 13. 1988 / Ruies and Regulations 41257 navigable waters of the United States (i.e., ieoiated watersl. (bl Candwwrts. no following special conditions must be followed in order for the nationwide permits identified in paragraph (a) of this section to be valid: 11) That any discharge of dredged or fill material will not occur in the proximity of a public water supply intake. (2) That any discharge of dredged or fill material will not occur in areas of concentrated sbellfah production unless the discharge is directly related to a shellfish harvesting activity authorized by paragraph (a)(4) of this section. 13) That the activity will not jeopardize a threatened or endangered species ae identified under the Endangered Species Act (ESA), or destroy or adversely modify the critical habitat of such species. Lz the case of federal agencies. it is the agencies' responsibility to compiy with the requirements of the ESA. if the activity may adversely affect any listed species or critics; habitat. the distr et enrmeer must initiate Section 7 consultation in accordance with the ESA. in such cases. the district engineer may: (i) Initiate sectmn 7 consultation and then. upon completion. authorise the activity under the nationwide permit by adding. if appropriate. activity specific conditions. or (ii) Pr. or to or concurrent with section 7 consultation he may recommend discretionary auihoiity (See secl,.On 330,81 or use modification. suspension, or revocation procedures ISee 33 CFR 325.7). 131 That the activity shall not significantly disrupt she movement of those species of aquatic life indigenous to the welerbody (w dews the primary purpose of the fill is to impound water): 15) That any discharge of dredged or fill material shall consist of suitable materal free from toxic pollutants (see section 307 of the Clean Water Act) in toxic amounts: 161 That any structure or rill authorized @hail be properly maintained. J 7 That the activity will not occur in a component of the National Wild and Scenic River System. not us a nvor officially designated by Cougrass as a "study river" for possible Mduaion in the system while the river is in an official study status: f8) That the activity shall not cause an unacceptable interference with navigation: (9) That if tM activity may adversely affect historic properties which the National Paris Service has listed on. or determined effgible for listing on. the National Rooster of Historic Places. the permittee will notify the district engineer. If the district engineer determines that such historic properties may be adversely affected. he will provide the Advisory Council on Historic Preservation an opportunity to comment an the effects on such historic properties or he will consider modif cation. susp east on. or revocation In accordance with 33 CFR 325.7. Furthrrrmore, that. if the perauttee before or during prosecution of the work authorized. encaunters a historic property that has not been listed or determined eligible for !facing an the National Register, but which may be eligible for listing in the National Register. he shall immediately notify the district engineer, (10) That the construction or operation of the acti%nty will not impair reserved tribal rights, including. but not limited to. reserved water rights and tasty fishing and hunting rights: (ill That in certain states, an individual state water quaitry certification must be obtained or waived t5ee f 330.91: ml That in certain states. an individual state coastal sane management consistency concurrence must be obtained or waived (See 1330.10): 113) That the activity will comply with regional conditions which may have been added by the division engmeer (See- f 330.8(aly acrd. (14) That the management practices listed in 1330.6 of this part shall be followed to the maximum extent practicable. (c] Further information. (i1 District engineers are authorized to determine if an activity complies with the terms and conditions of a nationwide permit unle9a that decision must be made by the division engineer in accordance with 1330.7. (2) Nationwide permits do not obviate the need to obtain other Federal. state or local authorizations required by law. (3) Nationwide permits do not grant any property rights or exclusive privileges. 141 Nationwide permits do not authorize any iniury to the property or rights of others. (3) Nationwide permits do not authorize interference with any exiad" or proposed Federal project. (d] Madificawbb& Suspetiaiorr or 13evawtion of Nationwide PerMAL The Chief of Engineers spay modify, stupend. or revoke nationwide permits in accordiu is with the relevant procedures of 33 CFR 325.7. Such authority includes, but is not limited to: adding individual. regional. or nationwide conditiotim revoking authorization for a category of activities Ix -9 or a category of waters by requiring individual or regional permits: or revokug an authorization on a case -by- case basis. This authority is not limited to concerns for the aquatic enwironment as is the discretionary authority to 4 3so.a. 1330A UWW"WWM praeaees. (a) In addition to the conditions specified In 1330.3 of tlt.is Part, the following management practices shall be followed to the maximum extent precocabia. in order to minimize the adverse effects of these discharges an the aquatic, anvirvnment. Failure to compiy wrath these practices may be cause for the district engineer to recommend, or the division engineer to take, discretionary authority to regulate the activity on an mdMdual or regional basis pursuant to 1330.5 of this Part. (iI Discharges of dredged or All material lnta waters of the trotted States shall be avoided or minimized through the use of other practical alternatives. (21 Discharges is spawning areas during spawning seasons shall be avoided. (31 Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expiated high flows or cause the reiacation of the water [unless the primary purpose of the Fill is to impound waters). (41 if the discharge creates an impound ant of water. adverse imparts on the aquatic system caused by the accelerated passage of water and for the restriction of its flow dhall be minimized. f 5) Discharge in wetlands areas shall be avoided. (E) Heavy souipment working in wetlands shall be placed on mats_ (71 Discharges into breeding wean for rn.gratary %aterfotsr. shall be avoided. (u3) A;! ;amp�.,rary fins shall be removed in L: ea entirety. f 33M? Mooaention prese"Ve. (it J The general permittse shall not begin discitarses requiring pie - discharge nod6cation pursuant to the nationwide permit at i 330.5(e)(26): fig until notified by the district engineer that the work may prvcaed under the nationwide permit with any *pedal conditions imposed by the district or division engineer, or (2) if notified by the district or division engineer that = ladividuet permit may be required; er (3) unless 20 days have passed from receipt of the notification by the district engineer and no notice has been