20231101 Ver 1_USACE Permit_20240520

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
May 20, 2024
Regulatory Program
Michael G. Clough, PE, PG
Duke Energy/CCP Engineering
500 Utility Drive
Lewisville, North Carolina 27012
Via Email: [e-mail]
Dear Mr. Clough:
This letter is in response to your request for a Department of the Army permit
received on August 10, 2023, and subsequent documentation on September 12, 2023,
December 15, 2023, and April 26, 2024, and assigned the file number SAW-2015-
01426. Our regulations require you have an opportunity to review the terms and
conditions prior to final signature by the Department of the Army. Enclosed is an
unsigned Department of the Army permit instrument (permit) to discharge fill material
into waters of the U.S. associated with the decommissioning of the RUTHE-070 Main
Dam during the Unit 5 Inactive Ash Basin removal process. The proposed project is
located within the Duke Energy Rogers Energy Complex-Cliffside Stream Station at the
physical address of 573 Duke Power Road, Mooresboro, North Carolina.
Please review the document and carefully read the Special Conditions beginning on
page 3 of the permit. These were developed to apply specifically to your project. In
accordance with General Condition 5 of the permit, the Water Quality Certification has
been attached to the Department of the Army permit.
Instructions for Accepting Terms and Conditions and Finalizing Your Permit:
In order to accept the terms and conditions of the proffered permit and receive a valid
Department of the Army permit, you must sign and return the permit and submit
payment of the permit fee. Upon receipt of your signed permit, the District Engineer or
his representative will then sign the permit. The Corps will add the permit expiration
date to the permit and return the valid permit to you. It is important to note that the
permit is not valid until the District Engineer or his representative signs it. Please
follow the steps below:
a. Sign the signature page of the proffered permit (page 8). Your signature, as
permittee, indicates that as consideration for the issuance of this permit, you
voluntarily accept and agree to comply with all the terms and conditions of this
permit. In the case of corporations, acceptance must be by an officer of that
corporation authorized to sign on behalf of the corporation. Please type or print
the name and title of the person signing below the signature and the date signed.

b. Return the entire permit, including all attachments, to the address listed in the
last paragraph of this letter or send via email to the Project Manager listed in the
last paragraph of this letter. If the file is greater than 20 MB, upload via DOD
SAFE (https-//safe.apps.mi1/).
c. Pay the permit fee (CFR 33 Part 325.1(f)) of $100 by paying online at
pay.gov/public/form/start/996412796 (or go to pay.gov and enter into the search
box "DEPARTMENT OF THE ARMY PERMIT FEES" to navigate to the payment
input form). After paying online, submit a receipt along with the signed permit,
either by mail to the address listed in the last paragraph of this letter, or via email
to the Project Manager listed in the last paragraph of this letter.
Instructions for Objecting to Permit Terms and Conditions: This letter contains
an initial proffered permit for your proposed project. If you object to certain terms and
conditions contained within the permit, you may request that the permit be modified.
Enclosed you will find a Notification of Administrative Appeal Options and Process fact
sheet and Request for Appeal (RFA) form. If you choose to object to certain terms and
conditions of the permit, you must follow the directions provided in Section 1, Part A and
submit the completed RFA form to the address listed in the last paragraph of this letter.
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been
received by the District office within 60 days of the date of the RFA. Should you decide
to submit an RFA form, it must be received at the address listed in the last paragraph of
this letter by July 19, 2024.
It is not necessary to submit an RFA form to the District office if you do not object to
the decision in this letter.
If you have any questions concerning this correspondence, please contact Brooke
Davis, Regulatory Project Manager of the Asheville Field Office at [phone] ext.
4232, by mail at the above address, or by email at [e-mail].
Please take a moment to complete our customer satisfaction survey located at
https-//regulatory.ops. usace.army. mil/customer-service-survey/.
Sincerely,
2024.05.20
5,sff C-�, 08:47:02
-04'00'
Scott Jones
Chief, Asheville Field Office
Enclosures

Conies Furnished:
Andrew Suter (via [e-mail])
Shahid Rahu, Duke Energy (via [e-mail])
Sean Wallace, WSP (via [e-mail])
Sue Homewood, NCDEQ-DWR (via sue. [e-mail])
Joey Winston, NCDEQ-DWR (via [e-mail])
Andrea Leslie, NCWRC (via [e-mail])

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Michael G. Clough, Duke Energy/CCP
File Number: SAW-2015-01426
Date: 5/20/2024
Engineering
Attached is:
See Section below
0
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.miI/Missions/Civil-Works/Regulatory-Program-
and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you
accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and
conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein,
you may request that the permit be modified accordingly. You must complete Section II of this form and
return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address
some of your objections, or (c) not modify the permit having determined that the permit should be issued
as previously written. After evaluating your objections, the district engineer will send you a proffered
permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you
accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and
conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
form must be received by the division engineer within 60 days of the date of this notice.
-1-

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide
new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all
rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date of this
notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district is
determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable.
If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for
further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate
the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process, or
may contact:
to submit your request for appeal, you may contact:
District Engineer, Wilmington Regulatory Division
Krista Sabin
Attn: Brooke Davis
Regulatory Administrative Appeal Review Officer
Wilmington District U.S. Army Corps of Engineers
U.S. Army Corps of Engineers
151 Patton Avenue Room 208
South Atlantic
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room M9
Atlanta, Georgia 30303-8801
Phone: [phone] ext. 4232
Phone: [phone]
Email: [e-mail]. miI
Email: [e-mail]
-2-

SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You
may attach additional information to this form to clarify where your reasons or objections are addressed in the
administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the
Corps may add new information or analyses to the record. However, you may provide additional information
to clarify the location of information that is already in the administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process.
You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all
site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:
-3-

DEPARTMENT OF THE ARMY PERMIT
Permittee: Michael G. Clough
Duke Energy/CCP Engineering
500 Utility Drive
Lewisville, North Carolina 27012
Permit No: SAW-2015-01426
Issuing Office: U.S. Army Engineer District, Wilmington
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 U.S. Army Corps of Engineers (Corps) 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: The proposed project consists of the decommissioning of the
RUTHE-070 Main Dam during the coal ash basin removal process. Enacted on August
20, 2014, the promulgation of the North Carolina Coal Ash Management Act (CAMA)-14
requires Duke Energy to phase out wet ash handling. In order to address the North
Carolina regulatory requirements, the applicant has proposed to remove the coal
combustion residual (CCR) materials from the Unit 5 Inactive Ash Basin (U5IAB) and
remove the Main Dam. Once the CCR materials and the Main Dam have been
removed, the proposed project would establish a pathway to route clean stormwater to
the Broad River. Within the former ash basin, the applicant has proposed the
construction of five stormwater channels and the reconnection of two existing stream
features (Streams 7 and 8) through a single outlet channel to discharge clean
stormwater into the Broad River. The outlet channel would consist of an engineered
stormwater channel comprised of riprap, with a gabion outlet into the Broad River. The
outlet channel would permanently impact 0.29-acre of wetland and 42 linear feet of the
bank of the Broad River.
The work described above is to be completed in accordance with the attachments
affixed at the end of this permit instrument.
Project Location: The proposed project is located within the Duke Energy Rogers
Energy Complex-Cliffside Stream Station at a physical address of 573 Duke Power
Road in Mooresboro, North Carolina. This facility is located approximately one and
ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

one-half miles to the south of the unincorporated community of Cliffside, in Rutherford
and Cleveland Counties, along the south side of the Broad River.
Approximate Central Coordinates: Latitude: 35.215899 North
Longitude:-81.767362 West
Permit Conditions
General Conditions:
1. The time limit for completing the work authorized ends on XXX, 2029. 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
and the mailing address 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 (Attachment 2).
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.
ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))
2

Special Conditions:
1. Compensatory Mitigation: (a) To offset the impacts to 0.29-acre of wetland, credits
for at least 0.44-acre of wetlands (1.5:1 mitigation ratio) shall be purchased from the
North Carolina Division of Mitigation Services in -lieu program. Documentation of this
credit purchase shall be provided to this office prior to commencement of any placement
of fill material within jurisdictional waters of the U.S.
(b). In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of
this form, including any special conditions listed on this form, are hereby incorporated
as special conditions of this permit.
2. Endangered Species Act: (a) The Permittee shall implement all necessary
measures to ensure the authorized activity does not kill, injure, capture, harass, or
otherwise harm any federally -listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes an injured or
dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington
District Asheville Field Office, Attn: Brooke Davis at [phone], or
[e-mail] will be immediately notified to initiate the required
Federal coordination.
(b) No tree clearing shall occur between April 1 and October 15 of any year to minimize
impacts to federally -listed bat species.
(c) Construction fencing must be installed to exclude machinery and prevent project
impacts from occurring beyond the limits of disturbance, considered as environmentally
sensitive areas.
(d) Conduct a preconstruction meeting with contractors to ensure that known dwarf
flowered heartleaf occurrences and any other environmentally sensitive areas are not
disturbed.
(e) Provide contractors with images of the evergreen leaves of genus Hexastylis to
improve awareness and detection of any undocumented occurrences of dwarf flowered
heartleaf within the proposed action area. Consider this image of dwarf flowered
heartleaf for reference: https://www.fws.gov/media/dwarfflowered-heartleaf.
(f) Cease work and contact this office if any undocumented occurrences of this, or any
other listed species is detected within the proposed action area.
3. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans dated April 24, 2024, which are a part of this
ENG FORM 1721. Nov 86
(33 CFR 325 (Appendix A))
3

permit. The Permittee shall ensure that the construction design plans for this project do
not deviate from the permit plans attached to this authorization. Any modification to the
attached permit plans must be approved by the Corps prior to any active construction in
waters or wetlands.
4. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -
approved modification to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project,
within waters or wetlands. This permit does not authorize temporary placement or
double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project.
5. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance
of this project, and shall provide each of its contractors and/or agents associated with
the construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions and drawings shall be available at the project site during
construction and maintenance of this project.
6. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction
meeting between its representatives, the contractor's representatives and the
appropriate Corps Project Manager prior to undertaking any work within jurisdictional
waters and wetlands to ensure that there is a mutual understanding of all terms and
conditions contained within the Department of the Army permit. The Permittee shall
schedule the preconstruction meeting for a time frame when the Corps and NCDWR
Project Managers can attend. The Permittee shall invite the Corps and NCDWR Project
Managers a minimum of thirty (30) days in advance of the scheduled meeting in order to
provide those individuals with ample opportunity to schedule and participate in the
required meeting. The thirty (30) day requirement can be waived with the concurrence
of the Corps.
7. Notification of Construction Commencement and Completion: The Permittee
shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
permit.
8. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District Asheville Regulatory Field Office, Attn: Brooke Davis via
email at [e-mail]. mi1. The Permittee shall reference the following
permit number, SAW-2015-01426, on all submittals.
ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))
12

9. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
10. Reporting Violations: Violation of these permit conditions or violation of Section
404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be
reported to the Corps in writing and by telephone at: [phone] within 24 hours of
the Permittee's discovery of the violation.
11. Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or
to reduce the reach of waters and/or wetlands.
12. Sediment and Erosion Control: (a) During the clearing phase of the project, heavy
equipment shall not be operated in surface waters or stream channels. Grubbing of
riparian vegetation will not occur until immediately before construction begins on a given
segment of stream channel.
(b) No fill or excavation impacts for the purposes of sedimentation and erosion control
shall occur within jurisdictional waters, including wetlands, unless the impacts are
included on the plan drawings and specifically authorized by this permit. This includes,
but is not limited to, sediment control fences and other barriers intended to catch
sediment losses.
(c) The Permittee shall remove all sediment and erosion control measures placed in
waters and/or wetlands, and shall restore natural grades on those areas, prior to project
completion.
(d) The Permittee shall use appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" to ensure compliance with
the appropriate turbidity water quality standard. Erosion and sediment control practices
shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality standards. This
shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
ENG FORM 1721. Nov 86
(33 CFR 325 (Appendix A))

project shall remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. These
measures shall be inspected and maintained regularly, especially following rainfall
events. All fill material shall be adequately stabilized at the earliest practicable date to
prevent sediment from entering into adjacent waters or wetlands.
13. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill
material placed in waters or wetlands shall be generated from an upland source.
14. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the Permittee shall immediately report it to the N.C. Division
of Water Resources at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act shall be followed.
15. As -Built Construction Plans: Within 30 days following the completion of
construction, the Permittee shall submit to the Corps as -built plans for those portions
that affect waters of the United States, including wetlands. The as -built plans shall
include all grading, structures and activities in or affecting waters and/or wetlands.
Further Information:
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)
(X) 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)
( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408)
ENG FORM 1721. Nov 86
(33 CFR 325 (Appendix A))
0

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 projects.
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.
ENG FORM 1721. Nov 86
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7

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 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.
Brad A. Morgan
Colonel, U.S. Army
District Commander
ENG FORM 1721. Nov 86
Date:
(33 CFR 325 (Appendix A))
A

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 -SIGNATURE)
(NAME -PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
ENG FORM 1721. Nov 86
(DATE)
(33 CFR 325 (Appendix A))
0

Attachments to Department of the Army
Permit Number SAW-2015-01426
1. PERMIT DRAWINGS: 3 pages, dated April 24, 2024
2. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality
permit/certification in accordance with General Condition number 5 on page 2 of this DA
permit. 9 pages, dated May 10, 2024.
3. MITIGATION RESPONSIBILITY TRANSFER FORM: 2 pages, dated May 15, 2024.
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10