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<br />b. Thal all activities authorized hereto shall, .1 they involve, during their construction or operation, any discharge of pollutants into
<br />waters al the Unitetl Stales or ocean waters, be aI all times consistent with applicable water quality standards, elrluent limitations and
<br />standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water
<br />Pollut,on Control Act of 1972 IP.L. 92-500: 86 Stat. 8161, the Marine Protecuon, Research antl Sanctuaries Act ml 1972 (P. L. 92.6J2,
<br />96 Slat. 10521, ar pursuant to applicable State and local law.
<br />c. Thai when the activity authorised herein involves ^ discharge during its Construction or operation, of any pollutant (including
<br />dretlged or till materiall, into waters of the United States, the authorized activity shall, if applicable water quality standards are revised
<br />or modified during the term of this permit, be modilied, it necessary, to conform with such revised ar modrfied water quality standarW
<br />within 6 months of the effective date of any revision or modification of water quality standards, or es directed by an implemental on
<br />plan contained in such revised or modilied standards, or within such longer period of time as the District Engineer, m consultation with
<br />the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the arcumstences.
<br />tl. That the dixharge will not destroy a threatened or endangered species as identified under the Endangrned Species Act, or
<br />endanger the cnt¢al habrat of such :penes. ,
<br />e. That the permittee agrees to make every reasonable el}ort to prosecute [he construction or operation of the work authorized
<br />hereto in a manner eo es to minimize any adverse impact on fish, wildlife, and natural environmental values.
<br />1. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any
<br />degradation o1 water quality.
<br />g. That the permittee shall permit the District Engineer or his authorized representative(s1 or designee lal to make periodic
<br />inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in
<br />accordance with the terms and conditions prexribed herein.
<br />h. That the permittee shall maintain the structure or work authorized herein in good condition and in attordence with the plans and
<br />drawings attached hereto.
<br />i. That this permit does no[ convey any property rights, either in real estate or material, or any eaclusive privileges; and that it does
<br />not authorize any injury to properly or invasion of rights or any infringement of Federal, State, or local laws or rellulations nor does it
<br />obviate the requirement to obtain State or local assent required by law for the activity authorized herein.
<br />j. That this permit may be summarily suspentled, in whole or in part, upon a finding by the District Engineer that immediate
<br />suspension of the activity authorizetl herein would be in the general public interest. Such suspension shell be eflec~tive upon receipt by
<br />the permittee of a written notice thereof which shall indicate 111 the a:tent of the suspension, 121 the reasons for this action, and
<br />131 any corrective or preventative measures to be taken by the permittee which aro deemed necessary by the District Engineer to abate
<br />imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice.
<br />Within ten days following receipt of this notice o1 suspension, the permittee may request a hearing in order to Isresent information
<br />relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, is shell be conducted
<br />pursuant to procedures prescribed by the Chief of Engineers. Alter completion of the hearing, or within a roesonabls~ time after issuance
<br />of the suspension notice to the permittee if no hearing is requestetl, the permit will either be reinstated, modilied or revoked.
<br />k. That this permit may be either modified, suspentled or revoked in whole or in pert if the Secretary of the Army or his authorized
<br />representative determines that there has been a violation o/ env of the terms or conditions of this permit or that such action would
<br />otherwise be in the public interest. Any such modification, suspension, or revocation shell become effective 90 days alter receipt by 1M
<br />permittee of written notice of such action which shall specify the facts or conduct warranting lama unless 111 within the 70day period
<br />the permittee is able to satisfactorily demonstrate that lal the alleged violation of the terms and the conditions of this permit did not, in
<br />fact, occur or (bl the alleged violation vies accidental, and the permittee has bean operating incompliance with the terms and conditions
<br />of the permit and is able to provide satisfactory assurances [hat future operations shall be in full compliance v+ith the terms and
<br />conditions of this permit; or 121 within the aforesaid 30~day period, the permittee requests that a public hearing be Held to present oral
<br />and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures
<br />for making a final decision either to modify, suspend or revoke this permit in whole or in part shell be pursuant to prixadu ref prescribed
<br />by [he Chief of Engineers.
<br />I. That in issuing this permit, the Government has relied on the information and data which the permittee has provided fn connectipn
<br />with his permit application. 11, subsequent to the issuance of this permit, such information and data prove to he false, incomplete Or
<br />inxcurate, this permit may bs moditietl, suspended or revoked, in whole or in part, and/or the Government may, iii addition, institute
<br />appropriate legal proceedings.
<br />m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the
<br />United States.
<br />n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be eornmenced, as far in
<br />advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than
<br />one week, resumption of work end its completion.
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