Note: this template is only intended to be used when the permitee owns the site proposedto be preserved. If another entity owns the preservation site, please discuss the proposal with your supervisor and counsel

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Compliance Inspections and Enforcement. The USACE, DEQ, and their authorized agents shall be allowed to enter and go upon the Property at reasonable times and under reasonable circumstances, to inspect the Property and take actions necessary to verify compliance with these restrictive covenants. Unless prior arrangements have been made with the property owner, any inspection and compliance verification activities undertaken during normal business hours shall be deemed reasonable time and circumstance. Nothing contained herein shall make an inspection time unreasonable during an emergency. The USACE and DEQ may enforce the Restrictions through any means permitted by law, including any proceeding at law or in equity or administrative proceedings, provided that no violation of the Restrictions contained in this Declaration shall cause a forfeiture or reversion of title. Failure by any agency (or owner) to enforce any covenant of restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter.

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