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b. Thal all xtivrties authorizetl harem shall, it they involve, during their construction or operation, any d,scharge of pollu rants into
<br />waters of the United States or ocean wafers. be at all times consistent with applicable water quality standards, effluent limitations antl
<br />nandards of performance, prohibropns, pretreatment aandartls antl management prxtices establishetl pursuant to the Federal Weler
<br />Pollution Control Acs of 1972 IP. L. 92-500; 66 Slat. 8161, [he Marine Protection, Research antl Sanctuaries Act of 1972 IP. L. 92-532,
<br />66 Stet. 10521, or pursuant to applicable State and local law.
<br />c. Thal when the activity authorizeO herein involves a discharge during its construction or operation, of any ppllu rant (including
<br />dredged pr Idl material 1, into waters of the United Stales, the authorized activity shall, it applicable water quality standards are revised
<br />or motldied tluring the [arm of [his permit. b< modified, d necessary, to cgnlorm with such revised or mode lied water quality standards
<br />w~lhrn 6 months of the effective date of any revision or motlification of water quality standards, or es directed by an implemental on
<br />plan contained in such revised or modil,ed standardt, or within wch longer period of time as the District Engineer. in consultation snth
<br />the Regional Atlministreror of the Environmental Protection Agency, may determine to be raafonabfa under the circumstances.
<br />d. That the dischargt will net destroy a threatened or endangered species as identified under the Endengeretl Spetins Act, or
<br />endanger Ina cr itr[al habitat of such species.
<br />a. That the permittee agrees tp make every reasonable effort to prpeecu [e [he construction or operation of the work authorized
<br />herein in a manner so as to minimize any adverse impact pis fish, wildlife, end natural environmental values.
<br />I. That the permittee agrees that ha will prosecute the construction or work authorized herein in a manner so as to minimize any
<br />dagradauon of water quality.
<br />g. That the perrnittce shall permit the D~strlct Engineer or hit authorized raprasantatiw lsl or designee ltl to make periodic
<br />inspections at any rime deemed necessary in order to assure that the activity being perlwmed untler authority of this permit is in
<br />accordance with the terms antl contlitiont prescribed herein.
<br />h. That the permittee sfy11 maintain the structure or work authorized herein in good contlition end in accordance with the plans ontl
<br />drawin¢ alldChed hereto.
<br />i, That skis pvmrt'don not eonvay any DropvtY ngMS. Nthar In real anafa or materiel, or any •aelutlya prlvllegta; and That It does
<br />ntll authorise any mryry fo property or invatlon of lights or any In fringemenl d( Federal, Mate, or local laws or rogubtibhs nisi dpas d
<br />obnate the requirement to obtain State or local assent requiretl by law /ar the activity authorized herein.
<br />j. That this permit may be mmmarily fuspended, m whole or in part, upon a findng by the District Engineer Ihet imtnadiau
<br />wspention of the az[rvity authorized herein would b~'in the general public interest. Such suspensipn shall be affective upon receipt by
<br />the permittee of a written notice thereof which shall indicate Ill Ilia a:tent of the suspension, 121 the reasons for Ihit action, and
<br />131 any corrective ar preventative measures to be [a ken by the permittee which Bre deemetl necessary by the District Engineer to abate
<br />imminent hazards to the general public interest. The permittee shall take immediate action to comply with Ilia Drgvisions of this notice.
<br />Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present inforrtwtipn
<br />relevant to a tlecnion as io whether tin permit should be reinstaletl, modified or revoked. II a hearing is requestetl, it shall he conducted
<br />pursuant to prpcedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance
<br />of the suspension notice to the permittee if no hearing is requested, the permit will either he reinstated, modified or revoked.
<br />k. That this permit may be ether mod lied, suspended or revoked in whole Or in part it [he Secretary of the Army or his authorized
<br />representatne determines that there ties been a violation o/ any of the terms Or conditions of this permit or that such xtion would
<br />otherwise be in the public inrerear. Any such modil~cation, suspension, or revocation shell become effective 30 tlays after rarsipt by the
<br />permittee of wntten notice of sucn xuon which shell speedy the lacu or conduct warranting yme unleu I t l within the 30day parioO
<br />the parmglM If apla 10 Otislectgnly tlamdMlrelO that Jai ins alleged Ylaletion pl tM toms antl lha Sondglnnl pl thla parttflt did ism, ~n
<br />1uct, occur or Ibl the alleged vwla non was tendaninl. antl Ilia twrm,ltn has btm opvrtp mg In compllenea whh she farms and cund,nons
<br />of the permit and ,s able to provide satislxtory assurances that tutu re operations shall fx in lull compliance with the termt antl
<br />conditions of this permit: or (21 within the aforesaid 70-tlay period, the permittee requests the[ a public hearing be held to prexnt Orel
<br />and written evitlence concerning the proposetl modification. suspension or revocation. The cantluct of this hearing antl the procetlu ref
<br />loi ~r,a:,,r,y a tlnal dECL~pn eimnr .n mM~ly, wsnend or revoke shin permit in whole or m Dart shall ba pursuant to prptetlures prescnfxd
<br />by the Chief of Engineers.
<br />I. Tha[ in issuing [his permit, the Government has relied on the information anO data which the permittee lies prov"idetl in conntttion
<br />with his permit appricatipn. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete ar
<br />inxcurato, this permi[ may be modil~ed. wspendetl or revoked, in whole or in part, and/or the Government may, in addition, institute
<br />appropriate legal proceedings.
<br />m. Thal any modifrcation, suspension, or revocation o1 this permit shell not be the basis for any claim for damages against the
<br />Uni tcO Stases.
<br />n. That the permittee shell notify the District Engineer at what time the activity authorized herein will be wmmencetl, es far in
<br />owanca of the time of commencement es the D~strrct Engineer may specify, end of any suspension of work, if for a period of more than
<br />one weak, resumption of work antl its completion.
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