DEPARTMENT OF THE ARMY PERMIT Permit No. POH 2018... · DEPARTMENT OF THE ARMY PERMIT Permittee:...

DEPARTMENT OF THE ARMY PERMIT

Permittee: Suzanne D. Case, Department of Land and Natural Resources, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Hawaii 96813 Permit No.: POH-2018-00220 Issuing Office: U.S. Army Corps of Engineers, Honolulu District 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: To construct a 95-foot-long groin located 140 feet west of the existing Kuhio Beach ewa (west) groin. The new groin will consist of 68 geotextile (ElcoRock®) sand containers and require 225 cubic yards (cy) of sand to fill the containers (of which 190 cy will be placed below the high tide line, as measured by the MHHW). The sand to fill the geotextile containers will be sourced from a local off-site quarry that produces suitable carbonate sand. The groin structure will have a crest elevation of +3.5 feet mean sea level (msl) and a toe elevation of -2.8 feet msl. In addition to the groin, a total of approximately 750 cy of sand will be placed on the beach to cover the exposed concrete rubble and rebar associated with the foundation remnants of the old Waikiki Tavern (of which 300 cy will be placed on the beach below the high tide line, as measured by the MHHW). The sand will be excavated/dredged from the nearby Kuhio Beach Diamond Head Basin and placed in the cell between the two groins to its design shape. In total, an estimated 490 cy of fill material is authorized for discharge below the high tide line into Mamala Bay (Pacific Ocean) at the boundary where the Kuhio Beach Park and Royal Hawaiian Beach sectors interface. The DA authorized activities will permanently impact 0.16-acre of navigable waters of the U.S. and temporarily affect 0.13-acre of navigable waters of the U.S. All work must be in accordance with the 30% design engineering plans and drawings, dated June 29, 2018, that are attached to and made a part of this permit (Attachment 1). Project Location: Waikiki/Kuhio Beach, Mamala Bay, Pacific Ocean, Island of Oahu, Hawaii

(TMK: (1) 2-6 001:008, 003; Latitude: 21.2752° N; Longitude -157.8256° W) Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on July 2, 2024. 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.

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 320-33)

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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 (refer to Special Condition 13 below). 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: 1. The permittee understands and agrees that if future operations by the United States require the removal, relocation, or other alteration of the structure or work herein authorized, or if in the opinion of the Secretary of the Army or their authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required upon due notice from the U.S Army Corps of Engineers (Corps) to remove, relocate, or alter the structural work or obstructions caused thereby without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Your use of the permitted activity must not interfere with the public’s right to free navigation on all navigable waters of the U.S. 3. The Permittee shall notify the Corps via electronic mail at [email protected] and [email protected] of the date of initiation of work at least fourteen (14) calendar days prior to commencing the authorized work. 4. You shall retain a copy of this permit on-site throughout the duration of the construction

mailto:[email protected]


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period. The conditions of this permit shall be made known to the representatives of the Permittee, including its contractor(s) and other agents responsible for carrying out the DA authorized work. 5. You shall implement and maintain all best management practices (BMPs) included in the “Best Management Practices Plan, Kuhio Beach Stub Groin Erosion Mitigation” (Sea Engineering, Inc., undated) and the avoidance and minimization measures incorporated as part of the action as documented in Item (Box) 23 of your DA permit application (dated September 6, 2018). 6. The Permittee shall implement the following conservation recommendations (CRs) to avoid and minimize adverse effects on essential fish habitat (EFH). These CRs were agreed to by the Corps and NOAA National Marine Fisheries Service under the provisions of Section 305(b)(2) of the Magnuson-Stevens Act. Failure to implement and adhere to the CRs may constitute non-compliance with your DA permit conditions and/or result in an enforcement action pursuant to 33 CFR 326.

CR-1: Avoid conducting removal (excavation/dredging) and fill operations during the period of summer swells, i.e. from April to September, to minimize risk of uncontrolled movement of equipment. In the event of incoming out-of-season swells, temporarily cease operations and ensure that equipment is well-secured.

CR-2: Avoid conducting removal (excavation/dredging) and fill operations during the peak coral spawning months from May 1st to August 31st.

CR-3: Ensure the silt curtains identified as a BMP to reduce water quality impacts are deployed as specified in the BMP Plan and consistent with the State of Hawaiʻi Department of Health Water Quality Certification to minimize turbidity from sand removal (excavation/dredging) and replenishment (placement).

CR-4: Prior to the start of work in waters of the U.S., the Permittee shall develop and employ a monitoring plan for the geotextile (ElcoRock®) groin that will evaluate the condition of the sand containers over time until a permanent solution is identified and implemented. The Permittee shall submit a draft monitoring and maintenance plan for Corps approval. The plan shall address monitoring methods and performance standards for assessing the condition of the groin over time, as well as maintenance activities, as applicable. The Permittee shall maintain the stub groin and correct any structural deficiencies that would have the potential to adversely affect the marine environment, including EFH. However, prior to performing any maintenance activities within waters of the U.S., the Permittee shall coordinate with the Corps to determine whether additional DA authorization is required.

7. Related to Special Condition 6 above, the Permittee shall submit to the Corps an annual monitoring report on or before December 1st of each year that the temporary groin is in use, but not to exceed 10 years. The annual monitoring report shall document the findings from the


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prior year’s monitoring efforts to ascertain the efficacy and structural integrity of the ElcoRock® groin. Should the monitoring report identify deficiencies with the ElcoRock® sandbags and/or the overall groin performance, the Permittee shall include recommendations for remediating the issue(s) and provide an estimated timeline for implementation of adaptive management and/or required maintenance. If the temporary groin is in use for longer than 10 years, the need for monitoring and correcting deficiencies that could adversely impact the aquatic environment shall remain a responsibility of the Permittee, but annual monitoring reports shall no longer be required for submittal to the Corps. Prior to performing any maintenance activities within waters of the U.S., the Permittee shall coordinate with the Corps to determine whether additional DA authorization is required. 8. To comply with requirements of the informal consultations conducted by the Corps with the U.S. Fish and Wildlife Service and NOAA-National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act, the Permittee shall implement the following avoidance and minimization measures for federally listed threatened and endangered species. Failure to implement and adhere to the measures may constitute non-compliance with your DA permit conditions and/or result in an enforcement action pursuant to 33 CFR 326.

ESA-1: Install turbidity containment devices (silt curtains) around the area of groin construction and sand placement (refer to Attachment 1);

ESA-2: Conduct visual monitoring for turbidity outside of the confines of the silt curtain(s). In the event that turbidity is observed outside of the silt curtains, work shall stop, and the silt curtains shall remain in place until the turbidity dissipates. Silt curtains shall be inspected after dissipation and prior to returning to project operations;

ESA-3: All construction representatives and other personnel on the construction site shall be informed by the Permittee, or its designated agent, of the potential for endangered species that may occur within or transit through the project area. It shall be made clear that any intentional physical interactions with identified threatened or endangered species is explicitly prohibited.

ESA-4: Designate a biologist or competent observer to survey the construction work areas and areas immediately adjacent to the proposed action for the presence of federally listed species, including but not limited to, green sea turtle (Chelonia mydas), hawksbill sea turtle (Eretmochelys imbricata), and Hawaiian monk seal (Monachus schauinslandi). Visual surveys for these species shall be made prior to the start of work each day, and prior to resumption of work following any break of more than one half hour, to ensure that no federally protected species are in the construction area (typically within 150 feet of the proposed work). The construction areas include both in-water areas as well as beach areas, as designated on the construction plans in Attachment 1.

ESA-5: Establish a 150-foot safety zone around the project area whereby the biologist or competent observer shall visually monitor the zone for the presence of marine protected species 30 minutes prior to, during, and 30 minutes post project in-water


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activity. The observers shall record information on the species, numbers, behavior, time of observation, location, start and end times of project activity, sex, or age class (when possible) and any observed disturbances from the work on the species (visual or acoustic).

ESA-6: Conduct activities only if the safety zone is clear of all marine federally protected species.

ESA-7: Upon sighting of a marine federally protected species within the safety zone during project activity, the Permittee or its designated contractor shall immediately halt the activity until the animal has left the zone. In the event that a marine federally protected species enters the safety zone and the project activity cannot be halted, conduct observations and immediately contact NOAA-National Marine Fisheries Service staff in Honolulu to facilitate agency assessment of collected data. Work may continue only if there is no possibility for the activity to adversely affect the animal(s).

ESA-8: Ensure that all equipment and material is free of contaminants of any kind including: excessive silt, sludge, anoxic or decaying organic matter, clay, dirt, oil, floating debris, grease or foam or any other pollutant that would produce an undesirable condition to the shoreline or water quality.

ESA-9: Cease construction work if unusual conditions, such as large tidal events and high surf conditions affect the project site, except for efforts to avoid or minimize damage to natural resources, such as temporary removal of silt curtains;

ESA-10: Perform construction site inspections and debris sweeps at the end of each work day. The Permittee and/or its contractor(s) shall remove and legally dispose of all project-related debris and trash within the construction areas on a daily basis. In addition, equipment that is not actively being used shall be properly stored and secured so as not to cause unintended damage to the beach or adversely affect federally listed threatened and endangered species. A full inspection of the project site shall be conducted at the end of the project to ensure that no visible debris introduced by recovery efforts or project waste is present at the site upon completion of the project;

ESA-11: Nighttime work and/or work requiring artificial light sources is prohibited. In addition, no new permanent lighting shall result from this project.

ESA-12: Any incidental take of green or hawksbill sea turtles on land shall be immediately reported to the U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office at (808) 792-9400 or [email protected] and the Corps at (808) 835-4303 and [email protected]. Similarly, any incidental take of green sea turtle or hawksbill sea turtle in the water or monk seal shall be immediately reported to NOAA-National Marine Fisheries Service at [email protected] or (808) 725-5140 and the Corps at (808) 835-4303 and [email protected]




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9. The Permittee shall clearly mark the limits of the construction areas with flagging or by similar means to ensure mechanized equipment does not enter waters of the U.S. outside the Corps-approved construction footprint. The limits of the construction areas are shown on attached maps and engineering plans (Attachment 1). Direct or indirect adverse impacts to waters of the U.S. beyond the Corps-approved construction footprint is not authorized. Such impacts could result in permit suspension and revocation, administrative, civil or criminal penalties, and/or substantial compensatory mitigation requirements. 10. Excavation of borrow sand from the Kuhio Beach Diamond Head Basin shall be limited to the areas defined in Attachment 1. No more than approximately 300 cubic yards of dredged/excavated “clean” sand suitable for beach placement and approximately 190 cy of fill material for the ElcoRock® groin are authorized for discharge on the beach and in the nearshore waters below the high tide line (as measured by the mean higher high water mark).

11. Upon request, the Permittee and its contractor(s) shall allow inspectors from the Corps Regulatory Office to inspect all phases of the construction work. The Permittee and its contractor(s) shall make available to inspectors from the Corps Regulatory Office any necessary information, including but not limited to: logs, records and other documentation regarding the quantities of excavated/dredged sand and disposal of fill material, including borrowed sand and the ElcoRock® sandbags. 12. If a violation of any permit condition occurs, the violation shall be reported by the Permittee to the Corps Regulatory Office within twenty-four (24) hours at [email protected] and (808) 835-4303. If the Permittee shall instruct all of its contractors that notice of any violations must be reported to the Permittee immediately. 13. All conditions of the State of Hawaii, Department of Health-Clean Water Branch (DOH-CWB) Section 401 water quality certification (WQC0997.FNL.19, dated April 25, 2019) are incorporated by reference into this DA permit. Accordingly, the Permittee shall adhere to and implement the conditions imposed by the DOH-CWB (refer to Attachment 2). 14. All conditions stipulated in the State of Hawaii, Office of Planning, Hawaii CZM Program’s federal consistency concurrence are incorporated by reference into this DA permit (DTS201906271037NA, dated June 28, 2019). The Permittee shall comply with and implement all conditions imposed by the State of Hawaii, CZM Program pursuant to section 307(c)(3)(A) of the Coastal Zone Management Act (refer to Attachment 3) 15. The Permittee shall notify the Corps via submittal of the “Compliance Certification” (refer to Attachment 4) of the date of completion of work within 30 calendar days following such completion. Further Information: 1. Congressional Authorities: You have been so authorized to undertake the activity described above pursuant to:




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(X) Section 10 of the Rivers and Harbors Act of 1899. (X) Section 404 of the Clean Water Act. ( ) Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972. 2. Limits of this authorization. a. This permit does not obviate the need to obtain 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 modifications, 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 of 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.


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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) Suzanne D. Case Chairperson Department of Land and Natural Resources This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. ________________________________________ ______________________ (PROJECT MANAGER, REGULATORY OFFICE) (DATE) Susan A. M. Gayagas Senior Project Manager Regulatory Office ON BEHALF OF: Kathryn P. Sanborn District Engineer Lieutenant Colonel, U.S. Army


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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)

Attachment 1

Engineering Plans and Drawings for the Kuhio Beach Stub Groin Erosion Mitigation Project, Waikiki, Oahu

DA File No. POH-2018-00220

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3. ACCESS AND STAGING AREAS

4. SAND RECOVERY AREA AND BMPS

5. SAND PLACEMENT AREA AND BMPS

6. SILT CURTAIN DETAIL

7. SILT FENCE DETAIL

Attachment 2

Section 401 Water Quality Certification for the Kuhio Beach Stub Groin Erosion Mitigation Project, Waikiki, Oahu


Attachment 3

Hawaii Coastal Zone Management Program Federal Consistency Review for the Kuhio Beach Stub Groin Erosion Mitigation Project, Waikiki, Oahu


DAVID Y. IGEGOVERNOROFFICE OF PLANNING

STATE OF HAWAII235 South Beretania Street, 6th Floor, Honolulu, Hawaii 96813Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804

MARY ALICE EVANSDIRECTOR

OFFICE OF PLANNING

Telephone: (808) 587-2846Fax: (808) 587-2824

Web: http://planning.hawaii.gov/

DTS201906271037NA

June 28, 2019

To: Suzanne Case, ChairpersonDepartment of Land and Natural Resources

Attn:

From:

Sam Lemmo, AdministratorOffice of Conservation and Coastal Lands

Mary Alice Evans, Director

Subject: Hawaii Coastal Zone Management Program Federal Consistency Review for the KuhioBeach Stub Groin Erosion Mitigation, Waikiki, OahuDepartment of the Army Permit File No. POH-2018-00220

The Hawaii Coastal Zone Management (CZM) Program has completed the federalconsistency review for the Kuhio Beach Stub Groin Erosion Mitigation, Waikiki, Oahu, which issubject to federal permit authorization under Department of the Army Permit File No. POH-2018-00220 (proposed activity). This CZM federal consistency review covers the following:construction of a single straight 95-foot long groin, located 140 feet west of the existing KuhioBeach Ewa groin; the use of 68 ElcoRock geotextile containers to constract the groin and 225cubic yards of sand to fill the containers; the groin will have a crest elevation of +3.5 feet msland a toe elevation of -2.8 feet msl; placement of approximately 750 cubic yards of sand to coverthe concrete rubble and sand mattress, as well as fill the cell between groins to the design shape;closure of a portion of the beach in the vicinity of the ElcoRock geotextile groin installation forapproximately two weeks to ensure safety and welfare of the public; and closure of the Ewa endof the Diamond Head basin sand recovery site for approximately one week.

We conditionally concur with the certification that the proposed activity is consistentwith the enforceable policies of the Hawaii CZM Program based on the following conditions.

1. The proposed activity shall be constructed and completed as represented in the CZMfederal consistency application, including the consistency certification and supportingmaterials, that was completed on May 28, 2019. Any changes to the proposedactivity shall be submitted to the Hawaii CZM Program for review and approval.Changes to the proposed activity may require a full CZM federal consistency review,including publication of a public notice and provision for public review andcomment. This condition is necessary to ensure that the proposed activity isimplemented as reviewed for consistency with the enforceable policies of the HawaiiCZM Program. Hawaii Revised Statutes (HRS) Chapter 205A Coastal Zone

Ms. Suzanne Case

June 28, 2019Page 2

Management, is the federally approved enforceable policy of the Hawaii CZMProgram that applies to this condition.

2. To mitigate potential adverse effects from the proposed activity, the BestManagement Practices Plan for the Kuhio Beach Stub Groin Erosion Mitigation, thatwas submitted as supplemental information for the CZM federal consistencyapplication, shall be fully implemented. This condition is necessary to ensureconsistency with HRS Chapter 205A Coastal Zone Management, which is thefederally approved enforceable policy that applies to this condition.

3. The proposed activity shall be in compliance with State of Hawaii water qualitystandards and requirements specified in Hawaii Administrative Rules (HAR) Chapter11-54 Water Quality Standards, including the Section 401 Water Quality Certificationissued by the Department of Health, Clean Water Branch on April 25, 2019. Thiscondition is necessary to ensure consistency with Hawaii CZM Program federallyapproved enforceable policies HRS Chapter 342D Water Pollution, and HAR Chapter11-54.

If the requirements for conditional concurrences specified in 15 CFR § 930.4(a), (1)through (3), are not met, then all parties shall treat this conditional concurrence letter as anobjection pursuant to 15 CFR Part 930, subpart D. Furthermore, you are hereby notified that,pursuant to 15 CFR § 930.63(e) and 15 CFR Part 930, subpart H, you have the opportunity toappeal an objection resulting from not meeting the requirements of 15 CFR § 930.4(a), (1)through (3), to the Secretary of Co erce within 30 days after receiving this conditionalconcurrence letter, or 30 days after receiving notice from the U.S. Army Coips of Engineers thatyour Department of the Army Permit will not be approved as amended by the conditionsrequired by this concurrence.

This CZM consistency conditional concurrence does not represent an endorsement of theproject nor does it convey approval with any other regulations administered by any state orcounty agency. Thank you for your cooperation in complying with the Hawaii CZM Program.If you have any questions, please call John Nakagawa of our CZM Program at 587-2878.

cc: Susan A. Meyer Gayagas, U.S. Army Corps of Engineers, Honolulu District (by email)Edward Chen, DOH, Clean Water Branch (by email)Scott P. Sullivan, Sea Engineering, Inc. (by email)

Attachment 4

USACE Compliance Certification for the Kuhio Beach Stub Groin Erosion Mitigation Project, Waikiki, Oahu


ATTACHMENT 4

US Army Corps of Engineers Honolulu District BUILDING STRONG®

DEPARTMENT OF THE ARMY PERMIT

COMPLIANCE CERTIFICATION File Number: POH-2018-00220 Project Title: Kuhio Beach Stub Groin Erosion Mitigation Project

PERMIT TYPE: Standard Individual Permit (Section 404/10) NAME OF PERMITTEE: Suzanne D. Case, Department of Land and Natural Resources DATE OF ISSUANCE: July 2, 2019 DATE OF EXPIRATION: July 2, 2024 The permittee must, upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address or via email within thirty (30) days of completion of work: U.S. Army Corps of Engineers, Honolulu District Regulatory Office Building 230, CEPOH-RO Fort Shafter, HI 96858-5440 Email: [email protected] Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of this permit, you are subject to permit suspension, modification or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. ____________________________________ _________________ Signature of Permittee Date


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