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Show WAR DEPARTMENT 5531 Note.-It is to be understood that this instrument does not give any property rights either in real estate or-¦nnterial, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations, nor docs it obviate the necessity of obtaining State assent to the work authorized. It merely exressses the assent or the Federal Government so fAr as concerns the public RigHTs op navigation. (See Cummings v. Chicago, 188 U. 8., 410.) PERMIT UtljrrrilB, By Section "10 of an act of Congress approved March 3, 180!», entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and liarlxirs, and fur other purposes," it is provided that it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside eslahlished hnrbor lines or where no harbor lines have, boon established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War; and it shall not bo lawful to excavate or till, or ill any manner to alter or modify the course, location, condition or capacity of any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same; ' And whereas, Application has been made to the Secretary of War by______________________ ILgKKlAL lhBIQAIIOH DliTZBIOT, .f C-.llft mir- ror authority to rnr--i.ii- inu ro'.ullJ \<,a tenporary diversion iar. or v/eir lorifc-lrwlly cjnEtr; ttad ur.lwr authority of .<i*r «Wj>rtr»nt perr.lt dated February 14, 1917) looted in tho Ooioriido iUv-r ^t or n-»-r Kunlon's Hauulr.g, uxA to maintain 3fe.i'4 structure until Julj 1, 1931«. according to plans liereto attached; ^ Now therefore, This is to certify tliat the said plans and work are recommended by the Chief of v Engineers and arc authorized by the Secretary of War under tho provisions of tho aforesaid statute, upon V the following conditions: ^ 1. That the work shall be subject to the supervision and approval of the District Engineer, Engi- ^ neor Department at Large, in charge of the locality, who may temporarily suspend the work at any ^ time, if, in his judgment, the interests of navigation so require. . i 2. That any material dredged in the prosecution of the work herein authorized shall be removed evenly, and no large refuse piles, ridges across tho bed of the waterway or deep holes that may have a tendency to cause injury to navigable channels or to tho banks of the waterway shall be left. If any pipe, wire, or cable hereby authorized is laid in a trench, the formation of permanent ridges across the bed of the waterway shall be avoided and the back tilling shall be so done as not to increase the cost of future dredging for navigation. Any material to be deposited or dumped under this authorization, either in the waterway or on shore above high-water mark shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or beliind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. If tho material 3. That there shall be no unreasonable interference with navigation by the work herein authorized. 4. That if inspections or any other operations by the United States are necessary in the interests of navigation, all expenses connected therewith shall be borne by the permittee. 5. That no attempt shall be made by the permittee or the owner to forbid the full and free use by the public of all navigable waters at or adjacent to the work or structure. |
