EXHIBIT 4-1_55A_BRISTOL WIDENING EIS-EIR

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Fadaral RegWw 1 VOL SL No. 219 / Thursday. November 23. 1000 / Ruln eutd Regulations 41259 should be required for categoriee of activities, or in specifk geographic areas. However. only the Chief of Engineers may modify, suspend. or revoke nationwide permits on ■ statewide or nationwide basis. The division - rgi.xrr .:;:1 a.— ...aa:,ca '.:s decision to persona affected by the action. The district engineer will then regulate the activity or activities by processing an applicatim(s) for an individual permit(a) pursuant to 33 CFR Part =. (d) For the nationwide, permit found at 330J(a)(24), after the applicable prmnsionm of 11330.7(x) (1) and (3) have been astisijed. the permittee's right to proceed under the general permit may be modified. suapended. or revoked only in accordance wtth the procedure set forth in 33 CFR 323.7. (e) A copy of all modificatians or revocations of activities covered by nationwide permits Anti be forwarded to the 0Mce of &,a Chief of Engineers. AM. DALN-M alv. 4 330.9 Slate meter guam corttneatlon. tai State water quality certification is required for nationwide permits which may result in any discharge into waters of the United States. If a state issues a water quality certification which includes special conditions, the district engmeer will add those conditions as conditions of the narionwido permit in that state. However. if such conditions do not comply with the provisions of 33 CFR 323.4 on if a state denies a required 401 certification for a particular nationwide permit, authorization for elf discharges covered by the nationwide permit within the state is denied without prejudice until the state issues an individual or generic water quality certification or waives its nght to do so. A d ;strict engineer wilt not process an individual permit application for an activity for which ■uthonzation has been denied without prejudice under the nationwide permit program. However. if the division engineer determines that it would otherwise be appropriate to axerdse his discretionary authority. pursuant to 1 330-8. to override the nationwide permit or permit@ in question. be may do so. and the district artgmeer utay proceed with the processing of individual permit applications. In instances where a state has decried the 4oi water quality certification far discharges under a partitasiar nationwide permit. applicants must furnish the district engineer with as individual or generic 4tll certification or a copy of the application to the state for the certification. If a state We to act within a reasonable period of time (see 325.x[b)(1)(ifj), a waiver will be pmumed. Upon receipt of an individual or generic certification or a waiver of Comficetion. the proposed work Is authorized under the nationwide permit if a atote issues a conditioned individual certification. the district engineer will YaCIL -6M 'u` +Gus uetifaiii0i`ii magi CgIX-piy with 33 CFR 323.4 as special conditions of the nationwide permit (see 33 CFR Part 3MA(a)) &ad notify the appikant that the work is authorized under the nationwide permit provided all conditions are met. (b) Certification requirements for nationwide permits fall into the following general categories: (1) No cerrificadan rsgwred. Nationwide permits cumbered 1, L 4.5. 8.9, 20.11. and 18 do not involve activities which may result in a discharge and therefore 4o1 certification is not applicable. (2) Certification sometimes r±ruired. Nationwide permits numbered 3, t3. 7. 13. 20. 21. 22, and T3 each tnvelve venous activities. Same of which may result in a discharge and require certification, and others of which do not. State denial of certification for any specific nauonvnde petard! in this category effects only those activities involving discharges. Those not invu ng discharges remain in effect. (31 CaMficotion mquvvd. Nationwide permits numbered 32. 14. 13. Iii. 17. 18. 24. Z5. and 2$ involve activities. which would result m discharges and therefore 401 certification is required. lei District engineers will take appropriate measures to inform the public of which water bodies or regions within the state, and for which nationwide permits, an individual 4(n water quality certification is required. 13SLIG Ceastsl sons -- mlensarM In instances where a state has not concurred that a particular nationwide permit to consistent with an approved coastal tone tnwagensant plan. authorization for ali acdvittas subject to such nationwide permit within at affecting the state coastal zone Apticy's area of authority is denied without prejudice tmt�' the applicant has fu mashed to the district engineer a coastal zone management consistency determination pursuant to secton 307 of the Coastal Zone Management Act and the state has concurred in it. U a mate does not act on an applicant's consistency statemut within six months miter "ceipt by the state. tmnaistemcr shall be presumed District engineers will take appropriate measures to inform the public of wNch waterbodies or regions nnthin the state. and for which nationwide permits. such individual Ix -11 cictmMatency detarminatim is regmred. Disinct vnff moos will not pr ocaso any parourapplication for an activity which has been denied without prelitdice tinder the nationwide permit pruwatn. Hnwavar, if the division sa aser determines that it wottid otherwise be appropriate to exercise his discretionary authanty. pursumt. to 1330 B to ovetrrida tha nationwide permit or perm[ti In questitm he may do so. and the district engineer may prot.eed with the procassing of individual permit applications. 0390.11 110msr.t'1 P~ vwtratWL (a) General permittees may, and in some cases must, request from a district engineer confirmation that an activity complies with the terms and conditions of a nationwide permit. District magineers Wit reapondpromptly to inch requests. The response will state that the verification is valid for a period of no more than two years or a lesser period of time if deemed appropriate. Section 330.12 takes precedence over this section. therefore. it is incumbent upon the permittee to remain informed Of changes to nationwide permits. fib] fi the district engineer decides that an activity does not comply with the terms or conditions of a nationwide permit. he will so notify the person desiring to do the work and radicate that an individual permit is required (unless covered by a reponal permtt)- (e) If the district engineer decides that an activity does comply with the terms and conditions of a nationwide permit he will so notify the general permlttee. In such case@, as with any activity which qualifies under a nationwide permit. the general permitims'm right to proceed with the activities under the tutionwide permit may be modified suspended, or revoked only m accordance with the procedures of 33 CFR 323.7. J 370.12 Expi mein al netlommiee pernttls` The Chief of Engineers will review nationwide permits or a continual basis, sad will decide to either modify. reissue (extend) at revoke the permits at least every five years.. If a nationwide permit is not modified or renamed within five years of publication in the Fedwai R.alatw. it autamadcally eagum and becomes null and void Authorization of aadvides whim have commenced er are under contract to commence in reliance upon a nationwide permit will remain in effect provided the activity is completed within twelve months of the date a nationwide permit has expired or war revoked unless discretionary permit authority has been exerrived in