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<br />b. That all ac Hutt ies au thou zed herein shall, if Ihey involve, during Ihev consVUC[ion or operation, any discharge of pollu tan is into
<br />`~:~ waters of the Uro[etl Sates or pcean waters. be at au times ronsi Ste nt with applicable water quality standards, effluent limitations and •.
<br />{~:`-} standards of perlor mance, pr oh~bitions. pre neat ment standartls antl management practices establrshed pursuant to the Fetlerat Water
<br />_ ,I Pollu hon Conuol An of 1972 IP. L. 92500, 86 Stat. 8161, the Marine Protection, Research and Sanctuaries Aa of 1972 IP. L. 92-532,
<br />~'y 86 Stat. 10521, or pursuant to applicable State antl local law. ...
<br />Ck.~'~j c. Tnat when the aClimty au [homed herein involves a discharge during rls construction or operation, of any pollutant (including
<br />~:..~ dretlged or till material 1, into waters of the United S[a les, the authorized activity shall, it applicable water quality standards are revised '
<br />..,~'oVi or motldied dunn the term of this '
<br />~,_;~ 9 permit, be motlil~ed, it necessary, to con loan with such revised or motldied water quality standartls
<br />+,z ~. within 6 mpnlhs of the of (eCtiVe date OI any rew Sion or mOddiWtlOn of Writer qudhly Stdnddrds, Or ds tlirec[Pd by an imp¢mentdt on
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<br />;__-:~{ plan comained in such remsetl or modd~ed standards, or within such longer penod of time as the Disirin Engineer, m consults non with
<br />-~ the Regional Atlmin isirator of the Envuon mental Protection Agency. may determine to 6e reasonable under the urcumstances.
<br />tl. That the discharge will no[ destroy a threa rened or entla ngered species as identified under the Endangered 8pedes Act, or
<br />- ^.~ endanger the entreat habitat of Such species.
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<br />-. ' ¢ That the permittee agrees to make every reasonable effort to prosecute the ton5tru coon or operation of the work authorized
<br /> herein m a manner so as to minimize any adverse impact on hsh, wildlife, and natural envirpn menial values.
<br />'.. 1. That the per mit lee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any
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<br />~ degradation of water quabry. ,
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<br />~.. g. That the permittee shall permit the Dis[ric[ Engineer or his authorized represen tative lsl or designee lsl to make periodic
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<br />~ inspections at any time tleemetl necessary in order to assure that the actvity being performed under authority of this permit is in
<br />.^._'~ accordance with the terms and contlilions prescribed herein.
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<br />'~": `~ ~ h. That the permittee shall maintain the st
<br />ructu re or work authorized herein in good condition and in accordance with the plans and
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<br />drawings at tachetl hereto. -
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<br />~~"': ~ i. That this ermit does not conve an '
<br />p y y property rights, either in real estate or material, or any exclusive privileges; and that i[ does
<br />~-::;<~~ not au thou ze any injury to property or invasion of nghis or any in fnnge mein of Federal, State, or local laws or regulations nor does it
<br />'' ~~'- obviate the requ vement to obtain State or local assent requved by law for the acnwty au thonzed herein.
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<br />~ j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate
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<br />'~ suspension of the activity au thorizetl herein would he in the general pji blic interest. Such suspension shall be effective upon receipt by
<br />-+T'+':~ the permittee of a written nonce thereof which shall indicate (1) the extent o! the suspension
<br />(2) the reasons for this action, and
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<br />131 any corrective or preven lative measures to be taken by the permittee which are tleemetl necessary by the District Engineer to abate
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<br />~ imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice.
<br />-: ~A Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information
<br />r.~,.'.~, relevant to a decrswn as to whether tits per mrt should be reinstated, modified or revoked. ff a hearing is requested, It shall be conducted
<br />_„~ pursuant to procedures prescribetl 6y the Chief of Engineers. Alter completion of the hearing, or within a reasonable time after issuance
<br />o~ Of the suspension notice to the per mit lee it no hearing is requestetl, the permit will either be reinstated, modified or revoked.
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<br /> k. That this permit may be either mode lied, suspended or revoked in whole or in part it the Secretary of the Army or his authorized
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<br />.~'1 representative determines that [here 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 effective 30 days alter receipt by the
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<br />• permittee of written notice of such action which shall specify the facts or conduct warran [inq same unless 111 within the 30day periotl
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<br />,w [he permittee is able to satisfactorily demonslra to that lal the alleged violation of the terms and the conditions of this permit did not, to
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<br />7 tact, occur or (b) the alleged violation was accidem al, and the permntee has been operating m compliance with the terms and conditions
<br />'" of the permit antl is able to prov~tle 5ansf ac to ry assurances that lu cure operations shall Ue m lull compliance with the terms antl
<br />. __ conditions of this permit: or 121 within the aforesaid 30~tlay Period, the permittee requests that a public hearing be held to present oral
<br />antl written evidence concerning the proposetl modil~cation, suspension or revocation. The conduct of this hearing and the procedures
<br />.;~,~ for making a final tlecision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed
<br />:'~ by the Chief of Engineers.
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<br />_ 1. That in issuing this permit, the Government has relietl on the information and data which the permittee has provided in Connection
<br />with his permit application. II, subsequent to the issuance of this permit, such in lormatipn and data prove to foe false, incomplete or
<br />_ _Nj inaccurate, this permit may be mpdif led, suspended or revoked, in whole or in part, and/or the Government may, in addition, institute
<br />"~~_•.1 ,1 appropr late legal proceedings.
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<br />~~~-~ m. That any modification, suspension,' or revocation of this permit shall not be the basis for any claim for damages against the
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<br />_ n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commented, as tar in
<br />"~ ~ ~ i 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 />""'', ~r one week. resumption of work and its completion.
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