Common use of Area of Potential Effects Clause in Contracts

Area of Potential Effects. 1. The term ‘‘Area of Potential Effects’’ is defined in Section II.A.3 of this Nationwide Agreement. For purposes of this Nationwide Agreement, the APE for direct effects and the APE for visual effects are further defined and are to be established as described below. 2. The APE for direct effects is limited to the area of potential ground disturbance and any property, or any portion thereof, that will be physically altered or destroyed by the Undertaking. 3. The APE for visual effects is the geo- graphic area in which the Undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a char- acter-defining feature of a Historic Property that makes it eligible for listing on the Na- tional Register. 4. Unless otherwise established through consultation with the SHPO/THPO, the pre- sumed APE for visual effects for construc- tion of new Facilities is the area from which the Tower will be visible: a. Within a half mile from the tower site if the proposed Tower is 200 feet or less in over- all height; b. Within 3⁄4 of a mile from the tower site if the proposed Tower is more than 200 but no more than 400 feet in overall height; or c. Wthin 1 1⁄2 miles from the proposed tower site if the proposed Tower is more than 400 feet in overall height. 5. In the event the Applicant determines, or the SHPO/THPO recommends, that an al- ternative APE for visual effects is necessary, the Applicant and the SHPO/THPO may mu- tually agree to an alternative APE. 6. If the Applicant and the SHPO/THPO, after using good faith efforts, cannot reach an agreement on the use of an alternative APE, either the Applicant or the SHPO/ THPO may submit the issue to the Commis- sion for resolution. The Commission shall make its determination concerning an alter- native APE within a reasonable time.

Area of Potential Effects. 1. The term ‘‘Area of Potential Effects’’ is defined in Section II.A.3 of this Nationwide Agreement. For purposes of this Nationwide Agreement, the APE for direct effects and the APE for visual effects are further defined and are to be established as described below. 2. The APE for direct effects is limited to the area of potential ground disturbance and any property, or any portion thereof, that will be physically altered or destroyed by the Undertaking. 3. The APE for visual effects is the geo- graphic geographic area in which the Undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a char- actercharacter-defining feature of a Historic Property that makes it eligible for listing on the Na- tional National Register. 4. Unless otherwise established through consultation with the SHPO/THPO, the pre- sumed presumed APE for visual effects for construc- tion construction of new Facilities is the area from which the Tower will be visible: a. Within a half mile from the tower site if the proposed Tower is 200 feet or less in over- all overall height; b. Within 3⁄4 of a mile from the tower site if the proposed Tower is more than 200 but no more than 400 feet in overall height; or c. Wthin 1 1⁄2 miles from the proposed tower site if the proposed Tower is more than 400 feet in overall height. 5. In the event the Applicant determines, or the SHPO/THPO recommends, that an al- ternative alternative APE for visual effects is necessary, the Applicant and the SHPO/SHPO/ THPO may mu- tually mutually agree to an alternative APE. 6. If the Applicant and the SHPO/THPO, after using good faith efforts, cannot reach an agreement on the use of an alternative APE, either the Applicant or the SHPO/ SHPO/THPO may submit the issue to the Commis- sion Commission for resolution. The Commission shall make its determination concerning an alter- native alternative APE within a reasonable time.