Common use of Application of Criteria of Adverse Effects Clause in Contracts

Application of Criteria of Adverse Effects. If USFWS determines and SHPO concurs that the “site is eligible”, but through discussions with Buckeye, USFWS determines avoidance is not a feasible alternative, then USFWS will consult with SHPO to apply the criteria of adverse effects. This work will be completed in consultation with SHPO guidelines and all deliverables will be submitted for SHPO review and comment by USFWS. 1) If following the application of the criteria of adverse effects, USFWS determines and SHPO concurs that the Projects and the mitigation will have “no effect” or “no adverse effect” on an eligible site then no further investigations of that site will be conducted. 2) If USFWS determines and SHPO concurs that the Projects and/or the mitigation will have an “adverse effect” on an eligible site, but the construction and/or mitigation project is subsequently redesigned by Buckeye to avoid adverse effects, then the finding would be changed to “no effect”. USFWS shall provide written documentation demonstrating avoidance for SHPO concurrence. 3) If avoidance of adverse effects is still not feasible after redesign of the construction and/or mitigation project by Buckeye , the scope of the adverse effects will be reassessed.

Application of Criteria of Adverse Effects. If USFWS determines and SHPO concurs that the “site is eligible”, but through discussions with BuckeyeXxxxxx Ridge, USFWS determines avoidance is not a feasible alternative, then USFWS will consult with SHPO to apply the criteria of adverse effects. This work will be completed in consultation with SHPO guidelines and all deliverables will be submitted by the USFWS to SHPO for SHPO review and comment by USFWScomment. 1) If following the application of the criteria of adverse effects, USFWS determines and SHPO concurs that the Projects FRWF Phase IV and the mitigation will have “no effect” or “no adverse effect” on an eligible site then no further investigations of that site will be conducted. 2) If USFWS determines and SHPO concurs that the Projects FRWF Phase IV and/or the mitigation will have an “adverse effect” on an eligible site, but the construction and/or mitigation project is subsequently redesigned by Buckeye Xxxxxx Ridge to avoid adverse effects, then the finding would be changed to “no effect”. USFWS shall provide written documentation demonstrating avoidance for SHPO concurrence.avoid 3) If avoidance of adverse effects is still not feasible after redesign of the construction and/or mitigation project by Buckeye Xxxxxx Ridge still determines that avoidance is not feasible, the scope of the adverse effects effect will be reassessed.