Common use of USACE Permits Clause in Contracts

USACE Permits. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) • Section 10 of the Rivers and Harbors Act (33 USC 403). The Engineer shall determine whether the Transportation Activity requires a Section 10 permit and, if necessary and upon approval by the State, prepare and submit permit applications to USACE and obtain the permits. • Section 404 of the Clean Water Act (33 USC 1344). The Engineer shall determine whether the Transportation Activity requires a Section 404 permit (Regional General or Nationwide or Individual Permit (IP)) and, if necessary and upon approval by the State, prepare and submit a permit application (i.e., Regional General Permit (RGP) application, Pre-Construction Notification (PCN), or IP application) to USACE and obtain the permit. RGP applications, PCNs, and IP applications will be prepared in accordance with current USACE policies and regulations. • If the permit is an Individual Section 404 permit, upon approval by the State, the Engineer shall prepare and submit a Tier 1 checklist or a Tier II 401 certification questionnaire and water quality certification documentation to TCEQ and USACE. • The Engineer shall provide the State with documentation (including all original correspondence) of consultation with USACE and TCEQ. • The Engineer shall keep the State informed during the permit coordination process.

USACE Permits. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EAScope Development Tool and Water Resources Technical Report, and Preconstruction Notification.) • Section 10 of the Rivers and Harbors Act (33 USC 403). The Engineer shall determine whether the Transportation Activity requires a Section 10 permit and, if necessary and upon approval by the State, prepare and submit permit applications to USACE and obtain the permits. • Section 404 of the Clean Water Act (33 USC 1344). The Engineer shall determine whether the Transportation Activity requires a Section 404 permit (Regional General or Nationwide or Individual Permit (IP)) and, if necessary and upon approval by the State, prepare and submit a permit application (i.e., Regional General Permit (RGP) application, Pre-Construction Notification (PCN), or IP application) to USACE and obtain the permit. RGP applications, PCNs, and IP applications will be prepared in accordance with current USACE policies and regulations. • If the permit is an Individual Section 404 permit, upon approval by the State, the Engineer shall prepare and submit a Tier 1 checklist or a Tier II 401 certification questionnaire and water quality certification documentation to TCEQ and USACE. • The Engineer shall provide the State with documentation (including all original correspondence) of consultation with USACE and TCEQ. • The Engineer shall keep the State informed during the permit coordination process.

USACE Permits. DocuSign Envelope ID: 96ECF328-ADFC-48E2-AAEF-44272BE1E265 (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences Impacts of the Proposed Project section of the EA.) • ) a. Section 10 of the Rivers and Harbors Act (33 USC 403). The Engineer shall determine whether the Transportation Activity requires a Section 10 permit and, if necessary and upon approval by the State, prepare and submit permit applications to USACE and obtain the permits. • . b. Section 404 of the Clean Water Act (33 USC 1344). The Engineer shall determine whether the Transportation Activity requires a Section 404 permit (Regional General or Nationwide or Individual Permit (IP)) and, if necessary and upon approval by the State, prepare and submit a permit application applications (i.e., Regional General Permit (RGP) application, Pre-Construction Notification (PCN), ) or IP individual permit application) to USACE and obtain the permitpermits. RGP applications, PCNs, PCNs and IP applications IPs will be prepared in accordance with current USACE policies and regulations. • . c. If the permit is an Individual Section 404 permit, upon approval by the State, the Engineer shall prepare and submit a Tier 1 checklist or a Tier II 401 certification questionnaire and water quality certification documentation to TCEQ and USACE. • . d. The Engineer shall provide the State with documentation (including all original correspondence) of consultation with USACE and TCEQ. • . e. The Engineer shall keep the State informed during the permit coordination process.

USACE Permits. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) • Section 10 of the Rivers and Harbors Act (33 USC 403). The Engineer shall determine whether the Transportation Activity requires a Section 10 permit and, if necessary and upon approval by the State, prepare and submit permit applications to USACE and obtain the permits. • Section 404 of the Clean Water Act (33 USC 1344). The Engineer shall determine whether the Transportation Activity requires a Section 404 permit (Regional General or Nationwide or Individual Permit (IP)) and, if necessary and upon approval by the State, prepare and submit a permit application (i.e., Regional General Permit (RGP) application, Pre-Construction Notification (PCN), or IP application) to USACE and obtain the permit. RGP applications, PCNs, and IP applications will be prepared in accordance with current USACE policies and regulations. • If the permit is an Individual Section 404 permit, upon approval by the State, the Engineer shall prepare and submit a Tier 1 checklist or a Tier II 401 certification questionnaire and water quality certification documentation to TCEQ and USACE. • The Engineer shall provide the State with documentation (including all original correspondence) of consultation with USACE and TCEQ. • The Engineer shall keep the State informed during the permit coordination process.. DocuSign Envelope ID: 9EFC6FE2-229E-4628-90C6-20E86398200F

USACE Permits. DocuSign Envelope ID: 4542C97A-A0BF-4F41-B2F5-F020508C38AA (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences Impacts of the Proposed Project section of the EA.) • ) a. Section 10 of the Rivers and Harbors Act (33 USC 403). The Engineer shall determine whether the Transportation Activity requires a Section 10 permit and, if necessary and upon approval by the State, prepare and submit permit applications to USACE and obtain the permits. • . b. Section 404 of the Clean Water Act (33 USC 1344). The Engineer shall determine whether the Transportation Activity requires a Section 404 permit (Regional General or Nationwide or Individual Permit (IP)) and, if necessary and upon approval by the State, prepare and submit a permit application applications (i.e., Regional General Permit (RGP) application, Pre-Construction Notification (PCN), ) or IP individual permit application) to USACE and obtain the permitpermits. RGP applications, PCNs, PCNs and IP applications IPs will be prepared in accordance with current USACE policies and regulations. • . c. If the permit is an Individual Section 404 permit, upon approval by the State, the Engineer shall prepare and submit a Tier 1 checklist or a Tier II 401 certification questionnaire and water quality certification documentation to TCEQ and USACE. • . d. The Engineer shall provide the State with documentation (including all original correspondence) of consultation with USACE and TCEQ. • . e. The Engineer shall keep the State informed during the permit coordination process.