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No regulated activity shall take place and no permit shall be issued by YTEP in any of the following circumstances:

(a) When the proposed regulated activity or the permit does not comply with the requirements of the Clean Water Act or regulations thereunder, including the CWA Section 404(b)(1) Guidelines.

(b) When the EPA has objected to issuance of the permit under 40 C.F.R. Section 233.50 and the objection has not been resolved.

(c) When the proposed regulated activity would be in an area which has been prohibited, withdrawn, or denied as a disposal site by the EPA under Section 404(c) of the Clean Water Act, or when the regulated activity would fail to comply with a restriction imposed thereunder.

(d) If YTEP or the Corps determines, after consultation with the Coast Guard, that anchorage or navigation of any of the navigable waters would be substantially impaired by the proposed regulated activity.

(e) If there is a practicable alternative to the proposed regulated activity which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental or cultural consequences. [Ord. 67 § 5111, adopted, 5/21/2020.]