EXEMPTED ACTIVITIES Clause Samples

EXEMPTED ACTIVITIES. In the event that NASA must undertake emergency response activities that are covered under the Programmatic Allowances, as applied by the Center CRM, then NASA shall proceed with those activities without further action under the NPA, notwithstanding inadvertent discoveries (Stipulation XVII – Inadvertent Discoveries). Any cumulative or adverse effects that may occur as a result of these activities will be mitigated through Programmatic Mitigation per Stipulation XI.A.

EXEMPTED ACTIVITIES. The Signatories agree that the certain Undertaking activities do not have the potential to affect historic properties or have limited potential to cause adverse effects to historic properties, assuming such historic properties are present. Therefore, in accordance with Stipulation IV of the PA, no further Section 106 review is required for these activities once the qualifying criteria for exemption, as outlined in this Appendix C (the “Qualifying Criteria for Exemption”), have been appropriately documented by the Applicant and submitted to and approved by the SHPO. The Applicant will document how an Undertaking, or certain Undertaking activities, meets the Qualifying Criteria for Exemption in the Lookahead Reports submitted to the SHPO and Consulting Parties pursuant to Stipulation I.C and Stipulation V of the PA. The exemption criteria outlined in this Appendix C shall not apply to any Undertaking activities requiring ground disturbance occurring within a half-mile (0.5-mile) of the Grand River in Grand Rapids and which intersect a previously recorded archaeological site. Such Undertakings will at a minimum require an archaeological desktop review be submitted to the SHPO in accordance with Stipulation I.C and Stipulation V of the PA. The prior installation of legacy infrastructure through traditional trench excavation methods would have entailed ground disturbance of a six (6)-foot-wide trench to depths typically ranging three (3) to six (6) feet below grade. Therefore, the zone of prior disturbance resulting from the installation of legacy infrastructure is considered to be the horizontal area within a six (6)-foot-wide corridor centered on the legacy pipeline (i.e., within three [3] feet on either side of the location of legacy pipeline), and the vertical area between the ground surface and the legacy pipeline, which is typically three (3) to six (6) feet below grade, within the six (6)-foot-wide corridor centered on the legacy pipeline. If the Applicant utilizes any criteria below that cite the zone of prior disturbance to exempt an Undertaking, they will include documentation in the Lookahead Report to support the application of the exemption criteria to the Undertaking that may include maps of the relevant legacy infrastructure and tabular data on legacy infrastructure's location, depth, and dimensions, if known. The majority of Undertaking activities involve Horizontal Directional Drilling (“HDD”) that will entail disturbances ranging from four (4)...

EXEMPTED ACTIVITIES. A. The Applicant, assisted by professionals meeting the Professional Qualifications as defined in Stipulation I.D, shall determine whether individual Undertakings, or discrete Undertaking activities, are exempted from further Section 106 review (i.e., those with no potential to affect historic properties) based on the criteria for Programmatically Exempted Activities under this PA as described in Appendix C attached hereto. B. For any individual Undertakings determined by the Applicant as meeting the criteria to be exempted from further review, the Applicant will provide this determination in the documentation prepared pursuant to Stipulation I.C of this PA. The Applicant will include the supporting documentation for the exemption in the Lookahead Report submittal to the SHPO. The Lookahead Report will summarize any individual Undertakings which the Applicant has deemed exempt and provide the qualifying criteria and/or rationale for exemption of the Undertaking as provided in Appendix C of the PA. 1. The SHPO will review all Undertakings included in the Lookahead Report that have been recommended as exempted activities to ensure compliance with this PA. The SHPO may seek additional information from the Applicant or may recommend the review be elevated to the standard review procedure outlined in Stipulation V. Once the SHPO has signed off on the determination that an individual Undertaking is excluded from further review, this concludes the Applicant's responsibilities for complying with Section 106 and this PA for Undertakings determined exempt from review. C. If for any reason the Applicant cannot determine to exempt all activities of an individual Undertaking from review, the Applicant will submit the entire Undertaking to the SHPO for standard review as described in Stipulation V. The Lookahead Report should clearly document which Undertaking activities meet the criteria for exemption from further review (Appendix C) and which activities do not meet those criteria. Once the SHPO has reviewed the Lookahead Report and agreed with the exemption of any Undertaking activities, the Applicant may commence those activities. The review of non-exempt activities will follow the procedure outlined in Stipulation V and the Applicant will request SHPO comment on the portions of the Undertaking with the potential to affect historic properties.