APPENDIX A
CONDITIONS OF LETTERS OF PERMISSION ISSUED UNDER
"Gravel Mining and Excavation Activities in Humboldt County"
GENERAL CONDITIONS:
1. The Department of the Army has relied in part on the information provided by the permittee. If, subsequent to issuing this permit, such information proves to be false, incomplete, or inaccurate, this permit may be modified, suspended, or revoked, in whole or in part.
2. Permittees whose projects are authorized by this LOP shall comply with all terms and conditions herein. Failure to abide by such conditions invalidates the authorization and may result in a violation of the law, requiring restoration of the site or other remedial action.
3. An LOP should not be considered as an approval of the design features of any authorized project or an implication that such is considered adequate for the purpose intended. A Department of the Army permit merely expresses the consent of the Federal Government to the proposed work insofar as public rights are concerned. This permit does not authorize any damage to private property, invasion of private rights, or any infringement of federal, state or local laws or regulations. Nor does it relieve the permittee from the requirement to obtain a local -permit from the jurisdiction within which the project is located and to address all non- encroachment restrictions within a floodway of such local jurisdiction as identified by the Federal Emergency Management Agency.
4. This LOP procedure may be modified or suspended in whole or in part if it is determined that the individual or cumulative impacts of work that would be authorized using this procedure are contrary to the public interest. The authorization for individual projects may also be summarily modified, suspended, or revoked, in whole or in part, upon a finding by the District Engineer that immediate suspension of the project would be in the public interest.
5. Any modification, suspension or revocation of the District Engineer's authorization shall not be the basis for any claim for damages against the United States.
6. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage or injury to the structures or activities authorized herein which may result from existing or future operations undertaken by the United States in the public interest.
7. No attempt shall be made by the permittee to prevent the full and free public use of all navigable waters of the United States, at or adjacent to the project authorized herein.
8. There shall be no unreasonable interference with navigation by the existence or use of the permanent and temporary structures authorized herein.
9. The permittee shall make every reasonable effort to conduct the activities
authorized
herein in a manner that will minimize any adverse impact of the work on water
quality, fish and wildlife, and the natural environment, including adverse impacts to
migratory waterfowl breeding areas, spawning areas, and riparian areas.
10. The permittee shall allow the District Engineer and his authorized representative(s) to make periodic inspections at any time deemed necessary to assure that the activity being performed under this authorization is in accordance with the terms and conditions prescribed herein.
11. The impact of activities authorized by LOP using this procedure on cultural resources listed, or eligible for listing, in the National Register of Historic Places (NRBP), shall be taken into account by the U.S. Army Corps of Engineers (Corps) prior to the initiation of work. If previously unknown cultural resources are encountered during work authorized by this permit, the San Francisco District shall be notified and the sites avoided until the Corps can assess their eligibility for listing in the NRBP. Sites determined to be eligible for listing in the NRBP shall require consultation between the Corps and the State Historic Preservation Office and/or the Advisory Council on I-Historic Places. Cultural resources include prehistoric and historic archeological sites, and areas or structures of cultural interest which occur in the permit area.
12. All temporary fills within waters of the U.S. shall be removed in their entirety.
13. All extraction activities in the vicinity of federal projects shall be coordinated for required setback distances with the Corps office prior to application for a permit.
14. Heavy equipment working in wetlands shall be placed on mats, or other measures
shall be
taken to minimize disturbances to soil.
15. No authorization will be granted under this LOP procedure for any activity
that is likely
to jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Endangered Species Act, or
that is likely to destroy or adversely modify the critical habitat of such species.
Permittees shall notify the District Engineer if any listed species, proposed species or
critical habitat might be affected by, or is in the vicinity of, the project, and shall
not begin work until notified by the District Engineer that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
16. The project shall not significantly disrupt the movement of those
species of aquatic life indigenous to the water body or those species that normally
migrate through the project area.