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<br />b. That all activities au thorired hele;n shall, d they involve, during their consvuction Or operation, any tlisc harge OI pollutants into
<br />waters of the United States or ocean waters, be at all Times co nsisrem with applicable water quality ssandar ds, eHluem Lmitahons and
<br />standards of performance, proh~6alons, preveatment standards and management pr ac rites established pursuant to the Federal Water
<br />Pollution Control Act of 1972 IP L. 92-500. 86 Stat 8161, the Marine Protection, Research and Sanctuaries Act of 1972 IP. L.92532,
<br />86 Stat. 10521, or pursuant to applicable State and local law.
<br />e. That when the an juicy authorized hereon ;nvolves a dlschasge during its tom vuction or operahon, of any pollutant (inclu drag
<br />dredged or bll material), into waters of the United Slates, the authorized activity shall, it applicable water quality standas ds are revised
<br />or model led during the Berm of this permit, be modified, if necessary, Io conform with such revised or moth lied water quality standards
<br />within 6 months of the ellective tlate of any revision or modification of water qualny standards, or as directed by an implemem ar on
<br />plan contained in such revrsed or modified slandards, or wnhin such longer period of time as the District Engineer, m consuhation with
<br />the Re9.onal Admlmsv atoi of the Environ menial Pr otecbon Agency, may determine to be reasonable under the chcu mstanas.
<br />d. That the diuharge will not destroy a threatened or endange led species as identi lied under the Endangered Species Act, or
<br />endanger the cndc al habnat o1 such species.
<br />e. That the permtttee agrees to make every reasonable effort to prosecute the consvuction or operation of the work authorized
<br />herein in a manner sp as to minimise any adverse impact on lash, wJdli le, and natural environmental values.
<br />f. That [he per miuee agrees that h¢ will prosecute the construction or work authorized herein in a manner so as to minimize any
<br />degradation of water quahry.
<br />q. That the permittee shall permit the District Engineer or his authorised represrn talive(s) or designee lsl to make periodic
<br />inspections aI any time deemed necessary an order to assure that the activity being peilor med under authority of this permit is in
<br />actor tla race whh the terms and conditions prescribed herein.
<br />h, That the perminee shall maim ain the sb uctwe or wo•k authorized herein in good condition and in accordance with the plans and
<br />drawings auac tied hereto.
<br />i. That this permit does not convey any property sights, either in real estate or material, or any eaclu rive privileges: and that it does
<br />not authorize any injury tp property or invasion of rights o• any inl ingemenl of Federal, Slate, or local Taws or regal ations nor does it
<br />obviate the requirement to obtain State or local assent required by law for the activity authorised herein.
<br />j, That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate
<br />wipe ration of the activity authonred herein would be in the general public interest. Such suspension shall be eflec live upon receipt by
<br />the permittee o! a written notice Ihereol which ahall Indicate 411 the e+rtent of the suspension, (21 [he reasons for this action, and
<br />131 any correnive or preventative measpr es to fix la ken by the permittee which are deemed necessary by the Distract Engineer to abate
<br />immanent has as ds to the general public interest. The permdtee shall take rmmedi ate action to comply with the provisions o! this notice.
<br />YJi[hin ten days following receipt of this noGCe of wspension, the permittee may request a he aring in Order to present in for me bon
<br />relevant to a decision as to whether his permit should fix re~nsta red, modified or revp ked. II a hearing is requested, it shall fix conducted
<br />pursuant to procedures ps can ibed by the Chief of Engineers. Alter completion of the hearing, or within a reasonable time a4er issuance
<br />of the suspension notice to the permtt tee if no hearing is requested, the permit will either 6e reinstated, modified or revoked.
<br />k. That this permit may be either motlified, suspended or revoked in whole or in part it the Secretary of the Army or his authorized
<br />representative determines that there has faeen a violation of any of the terms or conditions of this permit or that such action would
<br />otherwise be in the public interest. Any such modification, suspension, pr revocation shall become ellective 30 days after receipt by the
<br />permittee of written notice of such action which shall specify the facts or conduct warranting same unless 111 within the 30day period
<br />the permittee is able to satrslac cosily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in
<br />tact, occur or lb) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and con di[ions
<br />of the permi] and is able to provide aatislactory assurances that future operations shall be in full compliance with the terms and
<br />conditions of this permit; or (21 within the aforesaid 30~day period, the permittee requests that a public hearing Fx held to present oral
<br />and written evidence concerning the proposed mod~ficbtion, suspension or revocation. The conduct of this hearing and the procedures
<br />for making a final decision either to moddy, suspend or revoke this permtt in whole or in part shall be pursuant to procedures prescribed
<br />by the Chie! of Engineers.
<br />1. That in issuing this permit, the Government has relied on the in for motion and data which she permittee has provided in connection
<br />with his permit applica hon. If, subsequent to the Issuance of thn permit, such information and data prove to be false, incomplete or
<br />inaccurate, this permit may be modil~ed. 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 of This permit shall not fix the basis for any claim for damages against the
<br />United Slates.
<br />n. That the permittee shall notify the District Engineer at what lime the activity authorized herein well be commenced, as (ar in
<br />advance of the lime of commence m¢nt as the District Engineer may specify, and of any suspension of work, if (or a period of more than
<br />one week, resumption of work and its completion.
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