Appendix A to Part 325 - Permit Form and Special Conditions
33:3.0.1.1.23.0.2.11.16 : Appendix A
Appendix A to Part 325 - Permit Form and Special Conditions A.
Permit Form Department of the Army Permit Permittee Permit No.
Issuing Office Note:
The term “you” and its derivatives, as used in this permit,
means the permittee or any future transferee. The term “this
office” refers to the appropriate district or division office of
the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under
the authority of the commanding officer.
You are authorized to perform work in accordance with the terms
and conditions specified below.
Project Description: (Describe the permitted activity and its
intended use with references to any attached plans or drawings that
are considered to be a part of the project description. Include a
description of the types and quantities of dredged or fill
materials to be discharged in jurisdictional waters.)
Project Location: (Where appropriate, provide the names of and
the locations on the waters where the permitted activity and any
off-site disposals will take place. Also, using name, distance, and
direction, locate the permitted activity in reference to a nearby
landmark such as a town or city.)
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on
______. If you find that you need more time to complete the
authorized activity, submit your request for a time extension to
this office for consideration at least one month before the above
date is reached.
2. You must maintain the activity authorized by this permit in
good condition and in conformance with the terms and conditions of
this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4
below. Should you wish to cease to maintain the authorized activity
or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office,
which may require restoration of the area.
3. If you discover any previously unknown historic or
archeological remains while accomplishing the activity authorized
by this permit, you must immediately notify this office of what you
have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or
if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you
must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued
for your project, you must comply with the conditions specified in
the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains
such conditions.
6. You must allow representatives from this office to inspect
the authorized activity at any time deemed necessary to ensure that
it is being or has been accomplished in accordance with the terms
and conditions of your permit.
Special Conditions: (Add special conditions as required in this
space with reference to a continuation sheet if necessary.)
Further Information:
1. Congressional Authorities: You have been authorized to
undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403).
( ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive
privileges.
c. This permit does not authorize any injury to the property or
rights of others.
d. This permit does not authorize interference with any existing
or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the
Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result
of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result
of current or future activities undertaken by or on behalf of the
United States in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this
office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate
its decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this
permit.
b. The information provided by you in support of your permit
application proves to have been false, incomplete, or inaccurate
(See 4 above).
c. Significant new information surfaces which this office did
not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as
those specified in 33 CFR 209.170) accomplish the corrective
measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for
the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the
authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a
request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept
and agree to comply with the terms and conditions of this
permit.
(Permittee) (Date)
This permit becomes effective when the Federal official,
designated to act for the Secretary of the Army, has signed
below.
(District Engineer) (Date)
When the structures or work authorized by this permit are still
in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new
owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its
terms and conditions, have the transferee sign and date below.
(Transferee) (Date)
B. Special Conditions. No special conditions will be preprinted
on the permit form. The following and other special conditions
should be added, as appropriate, in the space provided after the
general conditions or on a referenced continuation sheet:
1. Your use of the permitted activity must not interfere with
the public's right to free navigation on all navigable waters of
the United States.
2. You must have a copy of this permit available on the vessel
used for the authorized transportation and disposal of dredged
material.
3. You must advise this office in writing, at least two weeks
before you start maintenance dredging activities under the
authority of this permit.
4. You must install and maintain, at your expense, any safety
lights and signals prescribed by the United States Coast Guard
(USCG), through regulations or otherwise, on your authorized
facilities. The USCG may be reached at the following address and
telephone number:
5. The condition below will be used when a Corps permit
authorizes an artificial reef, an aerial transmission line, a
submerged cable or pipeline, or a structure on the outer
continental shelf.
National Ocean Service (NOS) has been notified of this
authorization. You must notify NOS and this office in writing, at
least two weeks before you begin work and upon completion of the
activity authorized by this permit. Your notification of completion
must include a drawing which certifies the location and
configuration of the completed activity (a certified permit drawing
may be used). Notifications to NOS will be sent to the following
address: National Ocean Service, Office of Coast Survey, N/CS261,
1315 East West Highway, Silver Spring, Maryland 20910-3282.
6. The following condition should be used for every permit where
legal recordation of the permit would be reasonably practicable and
recordation could put a subsequent purchaser or owner of property
on notice of permit conditions.
You must take the actions required to record this permit with
the Registrar of Deeds or other appropriate official charged with
the responsibility for maintaining records of title to or interest
in real property.
[51 FR 41236, Nov. 13, 1986, as amended at 62 FR 26230, May 13,
1997]