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5. Diversions of Water. A LOP may not be used to e. Damage claims associated with any future authorize all or any portion of a project that would divert modification,suspension,or revocation of this permit. more than 10,000 gallons/day of surface water or groundwater into or out of the Great Lakes Basin. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the 6.State Section 401 Certification.The Minnesota public interest was made in reliance on the information you Pollution Control Agency(MPCA)has waived water provided. quality certification for authorizations under LOP-05-MN. The MPCA has not waived your responsibility to comply 5. Reevaluation of Permit Decision.This office may with the water quality standards contained in Minn.R. reevaluate its decision on this permit at any time the 7050 and other applicable MPCA statutes and rules. circumstances warrant.Circumstances that could require a reevaluation include,but are not limited to,the following: 7. Coastal Zone Management consistency determination. The State of Minnesota has determined a. You fail to comply with the terms and conditions of that LOP-05-MN is consistent with the Minnesota CZM this permit. program. b. The information provided by you in support of your Further Information. permit application proves to have been false,incomplete,or 1. Congressional Authorities: You have been authorized to inaccurate(see 4 above). undertake the activity described above pursuant to Section 404 of the Clean Water Act(33 U.S.C.1344). c. Significant new information surfaces which this office did not consider in reaching the original public interest 2. Limits of this authorization. decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension,modification, a. This LOP does not obviate the need to obtain other and revocation procedures contained in 33 CFR 325.7 or Federal,state,or local authorizations required by law. enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.The referenced enforcement procedures b. This LOP does not grant any property rights or provide for the issuance of an administrative order exclusive privileges. requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where c. This LOP does not authorize any injury to the property appropriate.You will be required to pay for any corrective or rights of others. measures ordered by this office,and if you fail to comply with such directive,this office may in certain situations d. This LOP does not authorize interference with any (such as those specified in 33 CFR 209.170)accomplish the existing or proposed Federal project. corrective measures by contract or otherwise and bill you for the cost. 3. Limits of Federal Liability.In authorizing work,the Federal Government does not assume any liability, 6.No activity or its operation may impinge or abrogate including but not limited to the following: reserved treaty rights,including,but not limited to, reserved water rights and treaty fishing and hunting rights. a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from 7. If you discover any previously unknown historic or natural causes. archaeological remains while accomplishing the authorized activity you must immediately stop work and notify this b. Damages to the permitted project or uses thereof as a office of what you have found.We will initiate the Federal result of current or future activities undertaken by or on and state coordination required to determine if the remains behalf of the United States in the public interest. warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. c. Damages to persons,property,or to other permitted or unpermitted activities or structures caused by the activity 8.Extensions.General condition 1.,above,establishes a authorized by this permit. time limit for the completion of the activity authorized by this permit.Unless there are circumstances requiring either d. Design or construction deficiencies associated with the a prompt completion of the authorized activity or a permitted work. reevaluation of the public interest decision,the Corps will normally give favorable consideration to a request for an extension of this time limit. 3