AVOIDANCE AND PROTECTION MEASURES Clause Samples

AVOIDANCE AND PROTECTION MEASURES. The Authority shall ensure an Avoidance and Protection Plan is prepared for NJHPO review and approval that details project-related avoidance measures at the Marist High School Site (28-Hd-55) on Block 13, Lot 1 in the City of Bayonne, Hudson County, New Jersey. Such measures shall protect the footprint of the Marist High School Site (28-Hd-55) from disturbance during construction activities through emplaced engineering controls. The engineering controls determined to be appropriate to enable archaeological resource protection will be detailed on relevant Final Design construction plan sheets that display the site location and in the construction plan notes pages to ensure that the Construction Manager understands that no mechanical excavation and/or use of machinery can occur within the site limits. The NJHPO may request that photographic documentation be submitted that documents installation of the avoidance measures and conditions before, during, and after construction. In the event archaeological resources or archaeological historic properties identified at Basin HUC2-I on the former Marist High School property will be avoided or that adverse effects will be minimized through project redesign, the Authority shall ensure that an Avoidance and Protection Plan or Minimization Plan is submitted to the NJHPO for review and comment and that such avoidance or minimization elements are documented on Final Design construction plans.

AVOIDANCE AND PROTECTION MEASURES. The avoidance and protection of cultural resources within the OWEF APE is a primary goal of this plan, as outlined in Mitigation Measures C-1b and C-1e. Compliance with these measures included changes to the final project design involving re-alignments, adjustments and changes in tower locations. As part of early project planning, all wind turbines were relocated to assure that there would be no effects within the physical boundaries of the archaeological and historical resources identified for the undertaking. Additionally, approximately 3000 acres were eliminated from the original ROW boundary to protect sensitive cultural and biological resources in the southwest corner of the project area. Through continuing Section 106 and government-to-government consultation, the number of proposed turbines has been reduced from 155 to 112 to help reduce the visual effects to NRHP- listed site CA-IMP-6988 (Spoked-Wheel Geoglyph) in the direction of important geologic features including Coyote and Signal Mountains and to address impacts to the TCP and cultural landscape identified by several Tribes. Turbines were also removed from the 155 layout to protect cremation locations.