Project Environmental Status Sample Clauses

Project Environmental Status. Each potential Project segment (Segments ABC, DE, F, G(1), G(2), H and I) has received environmental clearance. TxDOT received a finding of no significant impact (FONSI) for the West Section on April 29, 2004 (includes Segments A, B, F and H). TxDOT received a FONSI for the East Section on January 30, 2003 (includes Segments E, G(1) and G(2)). TxDOT received a FONSI for the Dallas High Five project on October 22, 1993 and received a re-evaluation on January 31, 2001 (includes Segment D). TxDOT received a FONSI for the Loop 12/35E project on December 12, 2002 (includes Segments C and I). Copies of the FONSIs are included as available documents on Exhibit A.
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Project Environmental Status. A Record of Decision was issued April 7, 1997 for the Project as a non-tolled facility. The MPO has revised the Metropolitan Transportation Plan to depict the project as a tolled facility. The Project is also depicted as a tolled facility in the 2005 air conformity update run approved by FHWA in June of 2005. TxDOT is in the process of undertaking an environmental re-evaluation for tolling. These documents were submitted to the FHWA and were found to be satisfactory for further processing in April, 2006. Final public hearings for the tolling element will be scheduled in mid 2006. Environmental approval is projected to be received in the third quarter of 2006. Copies of the Supplemental Final Environmental Impact Statement and the Environmental Reevaluation for Tolling documents are included in the list of Project Documents available for review as specified in Section 1.
Project Environmental Status. An Environmental Assessment was prepared for each of the south, middle, and north segments of the Project. In October 2009, TxDOT received approval from the Federal Highway Administration (“FHWA”) on schematics for all three segments of the Project. In January 2011, TxDOT received a Finding of No Significant Impact (“FONSI”) from FHWA for the middle segment of the Project. In December 2011, TxDOT received a FONSI from FHWA for the south segment of the Project. A public hearing has been completed for the north segment and environmental completion is anticipated by winter 2012. Up-to-date environmental documentation for the Project can be found at the following website: xxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx/projects/interstate-highways/ih-35e-from-ih-635- to-us-380/schematics-and-environmental-documents. The Project’s environmental documents are also included in the Project Documents and available for review as specified in Part A, Section 1.

Related to Project Environmental Status

  • Environmental Conditions A Phase I environmental site assessment (or update of a previous Phase I and or Phase II environmental site assessment) and, with respect to certain Mortgage Loans, a Phase II environmental site assessment (collectively, an “ESA”) meeting ASTM requirements conducted by a reputable environmental consultant in connection with such Mortgage Loan within 12 months prior to its origination date (or an update of a previous ESA was prepared), and such ESA (i) did not identify the existence of Recognized Environmental Conditions (as such term is defined in ASTM E1527-05 or its successor, hereinafter “Environmental Condition”) at the related Mortgaged Property or the need for further investigation, or (ii) if the existence of an Environmental Condition or need for further investigation was indicated in any such ESA, then at least one of the following statements is true: (A) an amount reasonably estimated by a reputable environmental consultant to be sufficient to cover the estimated cost to cure any material noncompliance with applicable Environmental Laws or the Environmental Condition has been escrowed by the related Mortgagor and is held or controlled by the related lender; (B) if the only Environmental Condition relates to the presence of asbestos-containing materials, radon in indoor air, lead based paint or lead in drinking water, the only recommended action in the ESA is the institution of such a plan, an operations or maintenance plan has been required to be instituted by the related Mortgagor that can reasonably be expected to mitigate the identified risk; (C) the Environmental Condition identified in the related environmental report was remediated, abated or contained in all material respects prior to the date hereof, and, if and as appropriate, a no further action, completion or closure letter or its equivalent, was obtained from the applicable governmental regulatory authority (or the Environmental Condition affecting the related Mortgaged Property was otherwise listed by such governmental authority as “closed” or a reputable environmental consultant has concluded that no further action or investigation is required); (D) an environmental policy or a lender’s pollution legal liability insurance policy that covers liability for the Environmental Condition was obtained from an insurer rated no less than “A-” (or the equivalent) by Xxxxx’x, S&P and/or Fitch; (E) a party not related to the Mortgagor was identified as the responsible party for the Environmental Condition and such responsible party has financial resources reasonably estimated to be adequate to address the situation; or (F) a party related to the Mortgagor having financial resources reasonably estimated to be adequate to address the situation is required to take action. To Seller’s knowledge, except as set forth in the ESA, there is no Environmental Condition at the related Mortgaged Property.

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