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(a) For each permit, YTEP shall establish conditions which assure compliance with all applicable statutory and regulatory requirements, including without limitation the CWA Section 404(b)(1) Guidelines, the Tribe’s water quality standards, and applicable effluent standards and prohibitions and ocean discharge criteria under Sections 307 and 403 of the Clean Water Act.

(b) Permits shall be effective for a fixed term not to exceed five years.

(c) Each permit shall include conditions meeting or implementing the following requirements:

(1) A specific identification and complete description of the authorized activity including name and address of permittee, location and purpose of discharge, types and quantities of materials to be discharged. (This subsection is not applicable to general permits.)

(2) Only the activities specifically described in the permit are authorized.

(3) The permittee shall comply with all conditions of the permit even if that requires halting or reducing the authorized activity to maintain compliance. Any permit violation constitutes a violation of the Clean Water Act as well as of this chapter.

(4) The permittee shall take all reasonable steps to minimize or prevent any activity in violation of the permit.

(5) The permittee shall inform YTEP of any expected or known actual noncompliance.

(6) The permittee shall provide such information to YTEP, as YTEP requests, to determine compliance status, or whether cause exists for permit modification, revocation, or termination.

(7) Monitoring, reporting, and recordkeeping requirements as needed to safeguard the aquatic environment, determined on a case-by-case basis, but at a minimum including monitoring and reporting of any expected leachates, reporting of noncompliance, and planned changes or transfer of the permit.

(8) The permittee shall consent to the full extent of jurisdiction of the Tribe allowable under federal law, including without limitation any compliance, inspection, monitoring, abatement, remediation, enforcement, or fines pursuant to Yurok laws.

(9) Conditions assuring that the authorized activities will be conducted in a manner which minimizes adverse impacts on the physical, chemical, and biological integrity of waters of the Reservation, such as requirements for restoration or mitigation. Such conditions shall include without limitation the following:

(A) Land disturbing activities shall be located outside of wetlands and buffers to the greatest extent possible;

(B) If land disturbing activities within wetlands or buffers cannot be avoided, the permittee shall maintain a maximum feasible proportion of existing, self-sustaining vegetative cover within the permitted project area as determined by YTEP; and

(C) Any land disturbing activities in wetlands shall be conducted during the dry season as specified by YTEP.

(d) YTEP may conditionally approve permits, including without limitation conditioning approval on the following:

(1) Relocation or modification of the proposed activity to reduce impacts;

(2) Implementation of design or conservation measures to reduce impacts;

(3) Flood or erosion loss reduction measures to prevent hazard losses to both proposed activities; and activities on other lands, including without limitation a requirement that structures be elevated on piles, floodproofed, or otherwise protected from hazards including flood heights, velocities, or erosion potential;

(4) Modification of waste disposal and water supplies to reflect flooding, high ground water, or erosion hazards;

(5) Erection of wetland area markers and signs including survey stakes;

(6) Posting of notices that the property contains a wetland or wetland buffer area and that any activity there may be subject to regulatory requirements;

(7) Requirements for restrictions regarding the future use of lands including without limitation preservation of undeveloped areas and restrictions on vegetation removal;

(8) Setbacks of structures from waters of the Reservation of a distance appropriate for the proposed activity and the particular wetland;

(9) Erosion control and storm water management measures;

(10) Relocation or clustering of structures or development;

(11) Long-term monitoring and management requirements including control of exotic plant and animal species;

(12) Other conditions necessary to protect wetland functions, offset losses, and prevent increased natural hazard losses; and

(13) Development and implementation of a wetland management plan or a compensatory mitigation plan to comply with relevant prohibitions, guidelines, and other standards. [Ord. 67 § 5113, adopted, 5/21/2020.]