Categorical Exemptions Sample Clauses

Categorical Exemptions. (a) Pursuant to its Tribal Environmental Protection Ordinance, prior to the preparation of a TEID or a TEIR the Tribe may determine whether the Project falls within a Categorical Exemption included on the list of Categorical Exemption projects at Appendix C. If the Project qualifies as a Categorical Exemption, the Project is exempt from the requirements of sections 11.5 through 11.7 and sections 11.11 through
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Categorical Exemptions. An exemption for a Class 3 project provides for construction and location of limited numbers of new, small facilities or structures and installation of small new equipment and facilities in small structures. “The numbers of structures described in this section are the maximum allowable on any legal parcel” (Cal. Code Regs., tit 14, § 15303). Installation of the solar PV arrays at the existing Spreckels Sugar Company facility is an allowable use on the land parcel where the site is located (APN 040-330-002). The property is in an area designated as Heavy Industrial in the Mesquite Lake Specific Plan (approved on March 14, 2006), which is part of the Imperial County General Plan. The installation will be within an approximately 2.4-acre area directly south of the main part of the industrial facility. The project’s microgrid technology system will only serve the power needs of the existing facility. The new energy storage system will be enclosed and placed on a concrete pad of an existing covered storage area. Staff conclude that the project will not cause significant effects on the environment due to unusual circumstances, nor is the project site located in a sensitive resource environment. The project will not cause a substantial adverse change in the significance of a historical resource. Therefore, the project is categorically exempt under Section 15303 of Title 14 of the California Code of Regulations. An exemption for a Class 11 project provides for construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities (Cal. Code Regs., tit 14, § 15311). The microgrid technology system powered by PV arrays involves construction and placement of equipment that is directly appurtenant to the Spreckels Sugar Company industrial process operations. Likewise, the energy storage system is appurtenant to the existing facility and an integral part of the microgrid system. The ground-mounted solar PV array installation is limited to an approximately 2.4-acre area immediately south and within a few hundred feet of the existing industrial complex. As described above, the project will not cause significant effects on the environment due to unusual circumstances, nor is the project site located in a sensitive resource environment. The project will not cause a substantial adverse change in the significance of a historical resource. Therefore, the project is categorically exempt under Section 15311 of Ti...
Categorical Exemptions. The following Undertakings have been agreed to have little or no potential to cause effects to historic properties and are therefore exempt from further review or consultation with SHPO or the ACHP under this Agreement. Determination of exempt status shall be made by CRO staff members certified under the professional qualifications of Appendix A of 36 CFR Part 61.

Related to Categorical Exemptions

  • Securities Law Exemptions Assuming the accuracy of the representations and warranties of the Initial Purchasers contained in Section 1(b) (including Annex C hereto) and their compliance with their agreements set forth therein, it is not necessary, in connection with the issuance and sale of the Securities to the Initial Purchasers and the offer, resale and delivery of the Securities by the Initial Purchasers in the manner contemplated by this Agreement, the Time of Sale Information and the Offering Memorandum, to register the Securities under the Securities Act or to qualify the Indenture under the Trust Indenture Act.

  • Securities Exemptions The offer and sale of the Purchased Securities to the Purchasers pursuant to this Agreement shall be exempt from the registration requirements of the Securities Act and the registration and/or qualification requirements of all applicable state securities laws.

  • Reliance on Exemptions The Buyer understands that the Securities are being offered and sold to it in reliance upon specific exemptions from the registration requirements of United States federal and state securities laws and that the Company is relying upon the truth and accuracy of, and the Buyer’s compliance with, the representations, warranties, agreements, acknowledgments and understandings of the Buyer set forth herein in order to determine the availability of such exemptions and the eligibility of the Buyer to acquire the Securities.

  • Tax Exemptions Ontario Universities and College Residences are tax-exempt and Residents are not charged taxes on Residence fees. As such, the Resident may claim only $25 as the occupancy cost for the part of the year lived in Residence. If filing either a paper or an electronic income tax return, the Resident does not need to include receipts with the tax return. For that reason, Humber Residences does not provide tax receipts.

  • Securities Act Exemption Neither the Holder nor anyone acting on behalf of the Holder has received any commission or remuneration directly or indirectly in connection with or in order to solicit or facilitate the Exchange. The Holder understands that the Exchange contemplated hereby is intended to be exempt from registration by virtue of Section 3(a)(9) of the Securities Act. The Holder understands that the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of the Holder set forth herein for purposes of qualifying for the exemption under Section 3(a)(9) of the Securities Act as well as qualifying for exemptions under applicable state securities laws.

  • FINRA Exemption To enable Xxxxx to rely on Rule 5110(b)(7)(C)(i) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months.

  • ERISA Exemptions The Parent and the Borrower shall not, and shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.

  • Offering Exemption Assuming the truth and accuracy of the representations and warranties contained in Section 7, this issuance and delivery to the Holder of this Note is exempt from registration under the Securities Act of 1933, as amended (the “Securities Act”), and will be registered or qualified (or exempt from registration or qualification) under applicable state securities and “blue sky” laws, as currently in effect.

  • Tax Exemptions and Exemption Certificates If Applicable Law clearly exempts a purchase hereunder from a Tax, and if such Applicable Law also provides an exemption procedure, such as an exemption-certificate requirement, then, if the Purchasing Party complies with such procedure, the Providing Party shall not collect such Tax during the effective period of such exemption. Such exemption shall be effective upon receipt of the exemption certificate or affidavit in accordance with the terms set forth in Section 41.6. If Applicable Law clearly exempts a purchase hereunder from a Tax, but does not also provide an exemption procedure, then the Providing Party shall not collect such Tax if the Purchasing Party (a) furnishes the Providing Party with a letter signed by an officer requesting such an exemption and citing the provision in the Applicable Law which clearly allows such exemption and (b) supplies the Providing Party with an indemnification agreement, reasonably acceptable to the Providing Party (e.g., an agreement commonly used in the industry), which holds the Providing Party harmless on an after-tax basis with respect to its forbearing to collect such Tax.

  • Religious Exemption Any employee of the City in a classification identified in Article I.A., who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and is recognized by the National Labor Relations Board to hold such objections to Association membership, shall upon presentation of membership and historical objection be relieved of any obligation to pay the required service fee. The Association shall be informed in writing of any such requests.

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