RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES Sample Clauses

RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES. If, after carrying out the steps in Sections I and II, TVA finds that the undertaking would result in an adverse effect to an historic property, and has determined in consultation with the Signatories that avoidance of the historic property in the APE is not possible, then TVA shall notify the Council pursuant to 36 CFR § 800.6(a)(1), providing the documentation specified in § 800.11(e), and shall invite the Council to participate. TVA shall treat that historic property in the manner outlined below. A. MINIMIZATION TVA will consult with the Signatories in order to seek a course of action that will minimize any adverse project-related effects to historic properties, if any such course is realistically possible. B. MITIGATION 1. If avoidance and minimization alternatives have been determined by TVA, in consultation with the Signatories, not to be technically feasible or economically prudent, TVA will notify the Council pursuant to 36 CFR § 800.6(a)(1), and will develop treatment measures for mitigation of adverse effect(s) to historic properties. TVA shall consult with the Signatories to reach agreement on appropriate treatment measures. 2. In the case of an NRHP-eligible archaeological site, mitigation shall consist of data recovery. TVA will develop a Data Recovery Plan written by a qualified professional archaeologist that meets the standards set forth in Archeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines. Upon concurrence by the Signatories, TVA will distribute the Data Recovery Plan to all Signatories. The Data Recovery Plan shall be developed consistent with the applicable provisions in 36 CFR §§ 800.5 and 800.16, the standards set forth in Archeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines, and the standards set forth in the Tennessee SHPO Standards and Guidelines for Archaeological Resource Management Studies (March 2009 revision). The Data Recovery Plan shall specify, at a minimum: a) the property, properties, or portions of properties where data recovery is to be carried out; b) any property, properties, or portions of properties that will be destroyed without data recovery; c) the research questions to be addressed through data recovery, with an explanation of their relevance and importance; d) the field and laboratory methods to be used, with an explanation of their relevance to the research questions; e) the methods to be used in analysis, data management, and dissemination ...
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RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES. A) Prior to physical work that will have an adverse effect on the historic property beginning, mitigation measures will be developed by the Corps and Xxxxxxx County in consultation with the consulting parties to this PA. 1) If mitigation measures are required to address adverse effects, Xxxxxxx County will DRAFT PROGRAMMATIC AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, KANSAS CITY DISTRICT XXXXXXX COUNTY, MISSOURI; AND THE MISSOURI STATE HISTORIC PRESERVATION OFFICER REGARDING REPURPOSE OR DEMOMOLITION OF THE LONGVIEW FARM GARAGE/APARTMENT AND POWERHOUSE BUILDING AND THE GREENHOUSE MANAGER’S HOUSE AT LONGVIEW LAKE IN XXXXXXX COUNTY, MISSOURI develop a treatment plan that the Corps will review. a. Mitigation measures may include, but are not limited to, oral history, history markers, an historic context, photographs, interpretive brochures, publications, and documentation in accordance with the Historic American Building Survey (HABS). b. After the Corps and Xxxxxxx County have developed their mitigation recommendations, these recommendations will be provided by the Corps to SHPO and other consulting parties either electronically or physically to review and comment on the recommendations. The recommendation shall include: i. Measures that will be completed to mitigate the adverse effects to historic properties ii. Qualifications of professionals who will complete the work iii. Project specifications that outline the work to be completed and associated deliverables. c. The SHPO and other consulting parties shall have thirty (30) calendar days to review and comment on the proposed mitigation measures. d. After the thirty (30) calendar days review period, the Corps, Xxxxxxx County, SHPO, and other consulting parties will participate in a meeting either in person or via virtual meeting to discuss the recommended mitigation. e. The Corps and Xxxxxxx County will take into account and respond to all comments from SHPO and other consulting parties. x. Xxxxxxx County and the Corps shall agree upon a revised draft plan of the mitigation measures, which shall then be provided to SHPO and consulting parties to this PA, who shall provide any comments within a period of thirty (30) business days. The Corps and Xxxxxxx County will respond to all comments received from SHPO and consulting parties within this period and will consider these comments in the formulation of the final mitigation measures. g. Corps shall provide the SHPO with a copy of the final proposal for...
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RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES. When adverse effects to historic properties within individual constructible elements of the Project have been resolved through the implementation of a treatment plan, the IDOT, in coordination with the FRA, shall submit to the SHPO documentation that the treatment plan has been fully implemented. Along with this documentation, the IDOT, in coordination with the FRA, shall submit to the SHPO a request for concurrence that the adverse effects have been resolved. The SHPO’s concurrence will signify that the adverse effect has been mitigated in accordance with the treatment plan and the Section 106 process has been completed for this particular constructible element of the Project. Chicago to St. Louis HSR Corridor PA Page 7
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RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES. A. To the extent practicable, the Corps shall seek ways to avoid and minimize adverse effects to historic properties. If adverse effects to historic properties cannot be avoided by a Planned Project, the Corps shall prepare a Historic Properties Treatment Plan (HPTP) which shall outline how the adverse effects for the Planned Project will be resolved. The HPTP will be executed, and field work associated with the HPTP will be completed prior to the issuance of a notice to proceed for the Planned Project. B. The Corps will develop the HPTP in consultation with the Planned Project Consulting Parties and the SHPO and tailor treatment efforts to the types and degree of anticipated Planned Project effects. Mitigation shall address the loss of location, design, setting, materials, feeling, association and workmanship. C. If the HPTP specifically addresses mitigation for adverse effects to historic properties to which Federally or non-Federally recognized Tribes attach religious or cultural significance, the Corps shall consult with the appropriate Tribe on the distribution of the draft HPTP to the Planned Project Consulting Parties. Following that consultation, the Corps shall submit the HPTP to the Planned Project Consulting Parties for a thirty (30) day review, subject to the confidentiality provisions of 36 C.F.R. § 800.11(c). D. After the Federally or non-Federally recognized Tribes and Planned Project Consulting Parties’ thirty (30)-day review period, the Corps shall submit the HPTP to the SHPO. The SHPO shall have a thirty (30)-day review period. If the SHPO does not concur with the HPTP, the Corps shall consult with the SHPO in an attempt to resolve the dispute. If an agreement on the HPTP cannot be reached within thirty (30) days, or as extended through agreement by the Signatories, resolution of the issue may proceed by following the dispute resolution process in Stipulation XIII or termination process in Stipulation XVIII. E. The Corps shall ensure that the Planned Project HPTPs are tailored to the specific historic property types within the Planned Project APE and include the following framework, for consistency: 1. A description of the Planned Project(s). 2. A map of the historic property(ies) locations, situating them in relationship to the Planned Project(s). 3. A description of the historic property(ies) to which the HPTP applies, including associated primary number(s) and Trinomial(s) or other identifying names. 4. The results of previous research...
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Related to RESOLUTION OF ADVERSE EFFECTS TO HISTORIC PROPERTIES

  • Existence; Compliance with Laws; Businesses and Properties (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except as otherwise expressly permitted under Section 6.05. (i) Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises and authorizations, material to the conduct of its business, except as could not reasonably be expected to have a Material Adverse Effect; (ii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except as could not reasonably be expected to have a Material Adverse Effect; and (iii) at all times maintain and preserve all tangible property material to the conduct of such business and keep such property in good repair, working order and condition (subject to ordinary wear and tear, casualty and condemnation) and from time to time make, or cause to be made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except as could not reasonably be expected to have a Material Adverse Effect.

  • Absence of Adverse Changes Since the date of the Company Balance Sheet until the date of this Agreement, there has not occurred any change, event, circumstance or development that is reasonably likely to have a Company Material Adverse Effect. From the date of the Company Balance Sheet until the date of this Agreement, except as contemplated hereby or as set forth in Section 3.8 of the Company Disclosure Schedule, (a) the business of the Company and the Company Subsidiaries, taken as a whole, has been conducted in the ordinary course of business and (b) none of the Company or any Company Subsidiary has taken any action that would have required the consent of Parent under Section 5.1(b) of this Agreement, had such action or event occurred after the date of this Agreement.

  • Professional Development; Adverse Consequences of School Exclusion; Student Behavior The Board President or Superintendent, or their designees, will make reasonable efforts to provide ongoing professional development to Board members about the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates, i.e., Senate Bill 100 training topics. The Board will conduct periodic self-evaluations with the goal of continuous improvement. New Board Member Orientation The orientation process for newly elected or appointed Board members includes:

  • Certification Regarding Business with Certain Countries and Organizations Pursuant to Subchapter F, Chapter 2252, Texas Government Code, PROVIDER certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. PROVIDER acknowledges this Purchase Order may be terminated if this certification is or becomes inaccurate.

  • Absence of Material Adverse Effect Since the date of this Agreement, there shall not have been any event, change or occurrence that, individually or in the aggregate, has had or would reasonably be expected to have a Company Material Adverse Effect.

  • Operation of Properties The Borrower will and will cause each Subsidiary to operate its Properties or cause such Properties to be operated in a careful and efficient manner in accordance with the practices of the industry and in compliance with all applicable contracts and agreements and in compliance in all material respects with all Governmental Requirements.

  • Notice of Suits, Adverse Events Furnish Agent with prompt notice of (i) any lapse or other termination of any Consent issued to any Borrower by any Governmental Body or any other Person that is material to the operation of any Borrower's business, (ii) any refusal by any Governmental Body or any other Person to renew or extend any such Consent; and (iii) copies of any periodic or special reports filed by any Borrower with any Governmental Body or Person, if such reports indicate any material change in the business, operations, affairs or condition of any Borrower, or if copies thereof are requested by Lender, and (iv) copies of any material notices and other communications from any Governmental Body or Person which specifically relate to any Borrower.

  • Notice of Default, Litigation and Material Adverse Effect Promptly, and in any event within three Business Days after any officer of the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or (y) with respect to any Document, or (iii) any other event, change or circumstance that has had, or could reasonably be expected to have, a Material Adverse Effect.

  • Litigation; Adverse Effects (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

  • Access to Properties Subject to the rights of Tenants, Borrower shall permit agents, representatives and employees of Lender to inspect the Properties or any part thereof at reasonable hours upon reasonable advance notice.