|
!,
<br />•
<br />b. Thdt all dct rvn fief duth0i iced her¢in shall, d they involve, during then construction or Werdtipn, am tl6c haige of pollu tams mt0
<br />wafers of the United States of ocean war ers. be at all Mmes consrt tent with appLCable water uual iiv standai ds, cllluc tit bmnatrons antl
<br />srandai ds of perloi mance, pr phibition s, prep eat merit standards and management prdcbcei enabl fished pm seam to the Frdci al Water
<br />Poliuiion Control Act o1 1972 IP L 92500, 86 Stat. 8161. the Marne Protection, Research antl Sanctuaries Oct of 1972 IP.L.92532,
<br />• 8fi Stat. 10521, or pursuant to applicable State antl local law.
<br />c. Thal when the acuvity author zed herein involves'e discharge during its consti uctipn or operation, of any pollutant bncluding
<br />Uretlged of LII matenall, into waters of the Untied States, the authonz ed activity shall, it dpplica ble water quality standards are revised
<br />or modified during the term of this permit. be modified, it necessary, to conform with such revised or modified water quality standar tls
<br />wJ but 6 momhs~oL the effective tlate~01 any revision or modal icati.on of wales quality standar tls, or as duct fed by an implemrntar on
<br />plan contained in such revisetl or modified standards, or within such longer period of time as the District Engineer, in consultation with
<br />the Regional Admimslrator of the Enmr onmental Protection Agency, may tleterm me to be reasonable under the urcumsiances.
<br />~d.~ That the disc haige will not destroy a threatened or endangered species as itlen tit ie0 under the Endangered Species Act, Or
<br />endanger the critical habitat of such species.
<br />e. That the pet mittee agrees to make every reasonable erfon ~to prosecute the consuunion or operation of the work authonxetl
<br />herein in a manner so as to mint mite any adverse impact on fish, wit tllile. and natural environmental values.
<br />1 ~ 7hat the permntee agrees that he will prosecute the construcsion or work authorized herein in a manner so as to minimize any
<br />degratlatiOn of water quality.
<br />g. That the permiu ee shall permq the DiStna'Engineer or tits authorized rcpt esentativeBl or tlevgnee (s) to make periodic
<br />inspections at any time deemed necessary rn order t0 assure that the activity being perlor med under authority of this permit is in
<br />actor tlance with the terms and<ontlitions prescribed herein: -• _ -..--
<br />h. That the permntee shall maintain the ssructure or work authorized herein in good condition and in accordance with the plans and
<br />drawings attached herein.
<br />i. That ihii permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does
<br />not aut bonze any mjwy to property or invasion of rights or any min ngement of Federal, State, or local laws or regulations nor tloes q
<br />obviate the requ uemem t0 obtain State or local assent regmred by law for the acbvdy authorized herein.
<br />j. Thal this permit may be summarily suspended, in whole or in part, upon a finding by [he District Engineer that immediate
<br />suspension of the activity authorizetl herein would be in the general public interest. Such suspension shall be effective upon receipt by
<br />the permntee of a written nonce thereof which shall intlicate ll l the extent of the suspension, f21 the reasons for this action, and
<br />f31 any rorrecbve or preveMabve measures to be taken by the permntee wh¢h are dcemetl necessary by the Di5lrin Engineer to abate
<br />imminent hat artls to the general public interest. The permntee shall take immedi ale action to comply with the provisions of this notice.
<br />• Within ten days following receipt of this notice of suspension, the permit tee may request a hearing in order to present in formation
<br />relevant to a decision as to whether his permit should be reinstated, motlilied or revoked. II a hearing is requested. it shall be conductetl
<br />pursuant to procedures prescribed by the Chief of Engineers. After completion of the haring, or within a reasonable time after issuance
<br />of the suspension notice to the permntee it no hearing is requested, the permit will either be reinstatetl, modifietl or revoked.
<br />k. That this permit may be either modit red, suspended or revoked in whole or in part if the Secretary of the Army or his authorized
<br />representative determines that there has been 'a'violation~of~any of the terms or conditions of this permit or that such action woultl
<br />otherwise be in the public interest. Any such modification, suspension, or revocation shall become eltective 30 days alter receipt by the
<br />permntee of written notice of such action which shall specify the facts of contlucr warranting same unless 111 within the 30day periotl
<br />the per mittee is able to satisfactorily demonstrate that lal she allegetl violation of the terms antl the conditions of this permit did not, in
<br />tact. occur or- (blithe alleged violation was accidental; and the per mittee has been operating m complance wtlh the terms antl Conditions
<br />of the. permit ~and~is~able~to provide~satislaetory-assurances that future operations shall be in lull compliance with the terms antl
<br />-t! ~:;:si conditions or this permit; or (2) within the algresaid 30~day period, the permntee requests that a public hearing be held to present ora!
<br />i ~ and written evidence concerning rhe proposed modification, suspension or revocation. The conduct of this hearing and the procedures
<br />for making a final det ision either to motlily, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribetl
<br />by the Chief of Engineers. ,
<br />I. That in issuing this permit,. the Government has relied on the information and data which the permit tee has providetl in connection
<br />with his permit application. It, su 6sequent Io the issuance of this perm il, such in for matron and data prove to be false, incomplete or
<br />inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Government may, in addition, institute
<br />appropriate legal proceedings.
<br />m. That any modification, suspension, or revocation pl this permit shall not be the basis for any claim for damages against she
<br />United Stales.
<br />n. That the permit tee shall notify the District Engineer at what time the activity authorized herein will be commenced, as tar in
<br />atlvance of the time of commencement as the District Engineer may specify, and of any suspension of work, it for a period of more than
<br />one week, resumption of work and its completion.
<br />u
<br />
|