Avoidance and Minimization of Adverse Effects Sample Clauses

Avoidance and Minimization of Adverse Effects. If USACE, during its initial review, finds the Undertaking may adversely affect historic properties, USACE may make a further internal review to consider ways to avoid or minimize effects to historic properties. The review will consider revising the elements of the scope of work affecting historic properties to substantially conform to the SOI Preservation Standards or otherwise avoid or minimize adverse effects. i. If USACE modifies the scope of work following its initial internal review to avoid or minimize effects below the “criteria of adverse effect” (36 CFR 800.5 (a)(1), (i.e., to the point USACE can make a finding of No Adverse Effect), USACE shall consult with the SHPO of jurisdiction, appropriate Federally-recognized Tribe(s), and all other Consulting Parties providing the original and modified Scopes of Work as part of its finding of “no adverse effect” following the process in Stipulation VII.C.6.a. ii. If USACE is unable to modify the Undertaking to avoid or minimize effects below the “criteria of adverse effect”, USACE shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation VII.C.7, Resolution of Adverse Effects.
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Avoidance and Minimization of Adverse Effects. Avoidance of adverse effects to historic
Sample 1
Avoidance and Minimization of Adverse Effects. ‌‌ 1. In order to minimize harm to affected NHLs to the maximum extent possible pursuant to Section 110(f) of the NHPA (54 U.S.C. § 306107) and 36 C.F.R. § 800.10, adverse effects from the undertaking will be avoided or minimized by storm surge wall design, gate placement, and/or design of a Project feature consistent with the SOI’s Guidelines on Flood Adaptation for Rehabilitating Historic Buildings, the SOI’s Standards for Rehabilitation, or other appropriate historic resource guidelines or standards. Minimization and avoidance of adverse effects to historic properties and NHLs provided by storm surge wall design or other Project feature designs will include but are not limited to: improvements to overall alignment, high-quality construction materials, contextualization of design and materials to specific location on the peninsula, ability to double as active park/recreational space, integrated public art or landscape features, and enhanced community experience. The Corps shall prioritize identifying and implementing avoidance measures and approaches, including but not limited to those described above in the design review process – such measures and approaches shall be noted, as appropriate, in submittals provided to the Consulting Parties. a. The Corps will develop Project plans and specifications for each Project phase or feature at completion intervals of 35%, 65%, and 95% levels of design. At each level of design, the Corps will provide the draft plans and specifications to the Consulting Parties for review and comment in accordance with Stipulation I (Timeframes and Review Procedures). b. If the City of Charleston determines that they shall design or hire a contractor to design a Project phase or feature, the City will ensure that the Corps is able to still provide draft plans and specifications at 35%, 65%, and 95% levels of design to the Consulting Parties for review and comment in accordance with Stipulation I (Timeframes and Review Procedures).‌ c. If, through consultation with the Consulting Parties, adverse effects to historic properties are avoided at the 35% or 65% level of design, the Corps shall make a determination of effect on the specific Project phase, feature, type of effect and/or APE in accordance with Stipulation III.B.2.a (Findings of No Adverse Effect). The 95% level of design shall PROGRAMMATIC AGREEMENT REGARDING THE REGARDING THE CHARLESTON PENINSULA COASTAL STORM RISK MANAGEMENT PROJECT, CHARLESTON, SOUTH CAROLINA still be pr...
Sample 1
Avoidance and Minimization of Adverse Effects. Avoidance of adverse effects to historic properties is the preferred treatment approach. The Corps will consider redesign of elements of the Project phase or feature in order to avoid and/or minimize historic properties and Project effects that may be adverse. Provisions for avoidance and minimization of adverse effects are outlined in Stipulation III.C (Avoidance and Minimization of Adverse Effects). If the Corps determines that the Project phase or feature cannot be modified to avoid or minimize adverse effects, the Corps will make a determination of "adverse effect".
Sample 1
Avoidance and Minimization of Adverse Effects. 1. The Corps shall notify the SHPO, Tribe(s), and all other consulting parties, of its finding of no adverse effects describing any project specific conditions and future submissions; and provide supporting documentation pursuant to 36 CFR § 800.11(e). Unless a consulting party makes a timely objection in 30 days as outlined in Stipulation IV, Timeframes and Communications, the Corps shall proceed with its “no adverse effect” determination, including any conditions, and conclude the Section 106 review. 2. If an Undertaking is not modified to avoid the adverse effect(s), the Corps shall initiate consultation to resolve the adverse effect(s) in accordance with Stipulation IX.B, Resolution of Adverse Effects, below.
Sample 1
Avoidance and Minimization of Adverse Effects. ‌ 12 1. In order to minimize harm to affected NHLS to the maximum extent possible pursuant to
Sample 1

Related to Avoidance and Minimization of Adverse Effects

  • Mitigation of Harmful Effects To mitigate, to the extent practicable, any harmful effect 8 that is known to CONTRACTOR of a use or disclosure of DHCS PI or PII by CONTRACTOR or its 9 subcontractors in violation of this Personal Information Privacy and Security Contract.