Common use of Area of Potential Effects (APE) Clause in Contracts

Area of Potential Effects (APE). For all projects undergoing streamlined project review, Qualified Staff shall determine the APE in consultation with the SHPO of jurisdiction and appropriate Federally-Recognized Tribe(s). The APE will be defined as all areas to be affected by construction activities and areas of associated ground disturbance including but not limited to haul roads, borrow areas, staging and stockpiling areas. The APE would generally include all areas for which a Right-of-Entry is sought by USACE or the NFS. Additional effects that will be considered shall include visual, auditory, and off-site anticipated erosion resulting from the constructed feature. USACE may consider information provided by other parties, such as local governments and the public, when establishing the APE. APE Definition Factors: a. For standing structures not adjacent to or located within the boundaries of a National Register listed or eligible district, Qualified Staff may define the APE as the individual structure or structures when the proposed Undertaking is limited to its repair or rehabilitation (e.g. floodwalls, or other appurtenant structures to the levees, etc.). b. For archaeological sites the USACE should consider the nature of likely properties in unsurveyed areas, the fact that mound sites may have been incorporated into the levee profile or may have been excavated and used as fill material in the levee.

Area of Potential Effects (APE). For all projects undergoing streamlined project review, Qualified Staff shall determine the APE in consultation with the MS SHPO of jurisdiction and appropriate Federally-Recognized Tribe(s). The APE will be defined as all areas to be affected effected by construction activities and areas of associated ground disturbance including but not limited to haul roads, borrow areas, staging and stockpiling areas. The APE would generally will include all areas for which a Right-of-Entry is sought by USACE or the NFSUSACE. Additional effects that will be considered shall include visual, auditory, and off-site anticipated erosion resulting from the constructed feature. USACE may consider information provided by other parties, such as local governments and the public, when establishing the APE. APE Definition Factors: a. For standing structures not adjacent to or located within the boundaries of a National Register listed or eligible district, Qualified Staff may define the APE as the individual structure or structures when the proposed Undertaking is limited to its repair or rehabilitation (e.g. floodwalls, or other appurtenant structures to the levees, etc.). b. For archaeological sites the USACE should consider the nature of likely properties in unsurveyed areas, the fact that mound sites may have been incorporated into the levee profile or may have been excavated and used as fill material in the levee.