Species of Concern Sample Clauses

Species of Concern. ‌ Greenhill is located within a designated Conservation Opportunity Area (WV-23) as determined by the ODFW. This conservation area contains some of the largest remaining fragments of Willamette Valley native wet prairie, which provides important habitat for migratory birds. The Xxxx Xxxxx Wildlife Area, located less than 2 miles west of the Greenhill site, provides lake and marshland habitat for numerous species of migratory waterfowl, including Dusky Canada Goose, Northern Pintail, Great Egret, Ring-billed Gull and Black-bellied Plover. Xxxx Xxxxx Reservoir is listed as an Important Bird Area by the Audubon Society of Portland, and it is an integral part of the larger migratory bird corridor known as the Pacific Flyway. Additionally, there are several known populations of endemic and listed endangered and threatened plant species within this conservation area: Willamette Valley daisy (Erigeron decumbens var decumbens), Xxxxxxx’x lupine (Lupinus sulphureus subsp. kincaidii), and Xxxxxxxx’x desert parsley (Lomatium bradshawii). Xxxxxxx’x lupine is the larval host for the listed endangered Fender’s Blue Butterfly (Icaricia icaroidies fenderi). Immediately adjacent to the Greenhill site is an active wet prairie restoration project overseen by the BLM. The U.S. Fish & Wildlife Service (USFWS) has identified critical habitat for both Willamette Valley daisy and Xxxxxxx’x lupine on the BLM site. Streaked horned lark (STHL) is a federally listed “Threatened” species that has been observed on various sites throughout the xxxx Xxxxxx Wetlands. The Bank site will accommodate STHL habitat primarily in and around the vernal pools and throughout the Bank as site preparation and vegetation management occurs. Site preparation and invasive species treatments will fall under the 4(d) exemption for STHL, and planting and seeding will be conducted outside the nesting window; in the event planting will be conducted in spring a 300 foot buffer will be provided from active STHL nests.
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Species of Concern. Gila topminnow was listed as an endangered species on March 11, 1967. No critical habitat has been designated for this species. Gila topminnow is a small, 25 to 50 mm long, livebearing fish (Minckley 1973) of the family Poeciliidae. It occurs in the Gila, Sonora, and de la Xxxxxxxxxx River drainages in Arizona and New Mexico, United States and Sonora, Mexico (Minckley 1973, Xxxxxxxxxx et al. 1985). The species was once one of the most common fishes in the Gila River and its tributaries and Xxxxxx 1941). Destruction of its habitat through water diversion, stream downcutting, backwater draining, vegetation clearing, channelization, water impoundment, and other human uses of natural resources; plus competition with and/or predation by non-native fish species, most notably mosquitofish (Gambusia have resulted in extirpation of Gila topminnow throughout most of its range (Xxxxx et al. 1983, U.S. Fish and Wildlife Service 1984). At present, Gila topminnow is known from only nine naturally occurring populations in the United States and about 20 reintroduced populations. Spring Gila tcpminnow are considered to be very important to the long-term survival of the species. Huachuca water xxxxx is a category 1 candidate species. This is a small herbaceous semi-aquatic perennial plant with slender erect leaves that grow from the creeping rootstalks. The leaves are generally less than 3 mm in diameter and average 50 in height. There are nine known sites in the United States which support this species between 3,500 and 6,500 feet elevation in southern Arizona and adjacent Sonora, Mexico. It extends from the Rio San Bernardino on the east to Sonoita Creek on the west, and from Tucson on the north (historically) to Cananea, Mexico, on the south. Within that range it is endemic to cienega habitat. Threats to this species include modification of watershed hydrology from groundwater pumping, surface water diversion, impoundment for urban, agricultural, or recreational purposes, overgrazing in the surrounding watershed, and dredging or other direct modification of habitat. Cottonwood Spring supports one of the nine known populations of Huachuca water xxxxx. This species is found along two separate stretches of upper Sonoita Creek including the Cottonwood Spring area. Huachuca is a category 1 species currently being considered for Federal listing with critical habitat. The Huachuca belongs to the family Hydrobiidae. The shell of this species is 1.7 to
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Related to Species of Concern

  • ENVIRONMENTAL CONCERNS 38.7.8.1 In the worse case scenario, many environmental concerns must be addressed. Along with the police and fire marshal, the state environmental protection department will be on site to monitor the situation. 38.7.8.2 Items to be concerned with in a large central office building could include: 38.7.8.2.1 Emergency engine fuel supply. Damage to the standby equipment and the fuel handling equipment could have created “spill” conditions that have to be handled within state and federal regulations. 38.7.8.2.2 Asbestos-containing materials that may be spread throughout the wreckage. Asbestos could be in many components of building, electrical, mechanical, outside plant distribution, and telephone systems.

  • Pledge of Additional Stock and Evidence of Indebtedness (a) Subject to any applicable limitations set forth in the Security Documents or with respect to which, in the reasonable judgment of the Administrative Agent (confirmed in writing by notice to the Borrower), the cost or other consequences (including any adverse tax consequences) of doing so shall be excessive in view of the benefits to be obtained by the Lenders therefrom, the Borrower will cause (i) all certificates representing Stock and Stock Equivalents of any Subsidiary (other than (x) any Excluded Stock and Stock Equivalents and (y) any Stock and Stock Equivalents issued by any Subsidiary for so long as such Subsidiary does not (on a consolidated basis with its Restricted Subsidiaries) have property, plant and equipment with a book value in excess of $10,000,000 or a contribution to Consolidated EBITDA for any four fiscal quarter period that includes any date on or after the Original Closing Date in excess of $10,000,000) held directly by the Borrower or any Guarantor, (ii) all evidences of Indebtedness in excess of $10,000,000 received by the Borrower or any of the Guarantors in connection with any disposition of assets pursuant to Section 10.4(b) and (iii) any promissory notes executed after the Original Closing Date evidencing Indebtedness in excess of $10,000,000 of the Borrower or any Subsidiary that is owing to the Borrower or any Guarantor, in each case, to be delivered to the Collateral Agent as security for the Obligations under the Pledge Agreement. (b) The Borrower agrees that all Indebtedness in excess of $10,000,000 of the Borrower or any Subsidiary that is owing to any Credit Party shall be evidenced by one or more promissory notes.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location which could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law, except insofar as any such violation or liability referred to in this paragraph, or any aggregation thereof, could not reasonably be expected to result in the payment of a Material Environmental Amount.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location that could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law;

  • Area of Concern Separation of xxxxxx and steps. Standard: So long as xxxxxx and steps do not separate an average of more than one (1) inch from the building, settling, heaving, and separation of such xxxxxx and steps is to be expected. Developer or Initial Purchaser must immediately seal cracks appearing with a waterproof substance.

  • Manner of Conveyance; Limited Warranty; Nonrecourse; Etc THE CONVEYANCE OF ALL ASSETS, INCLUDING REAL AND PERSONAL PROPERTY INTERESTS, PURCHASED BY THE ASSUMING INSTITUTION UNDER THIS AGREEMENT SHALL BE MADE, AS NECESSARY, BY RECEIVER'S DEED OR RECEIVER'S XXXX OF SALE, "AS IS", "WHERE IS", WITHOUT RECOURSE AND, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, WITHOUT ANY WARRANTIES WHATSOEVER WITH RESPECT TO SUCH ASSETS, EXPRESS OR IMPLIED, WITH RESPECT TO TITLE, ENFORCEABILITY, COLLECTIBILITY, DOCUMENTATION OR FREEDOM FROM LIENS OR ENCUMBRANCES (IN WHOLE OR IN PART), OR ANY OTHER MATTERS.

  • Information Concerning Company The Reports contain all material information relating to the Company and its operations and financial condition as of their respective dates which information is required to be disclosed therein. Since the date of the financial statements included in the Reports, and except as modified in the Other Written Information or in the Schedules hereto, there has been no material adverse change in the Company's business, financial condition or affairs not disclosed in the Reports. The Reports do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances when made.

  • Information Concerning Deposits at Bank (a) Under U.S. federal law, deposit accounts that the Customer maintains in Bank's foreign branches (outside of the U.S.) are not insured by the Federal Deposit Insurance Corporation. In the event of Bank's liquidation, foreign branch deposits have a lesser preference than U.S. deposits, and such foreign deposits are subject to cross-border risks. (b) Bank's London Branch is a participant in the UK Financial Services Compensation Scheme (the "FSCS"), and the following terms apply to the extent any amount standing to the credit of the Cash Account is deposited in one or more deposit accounts at Bank's London Branch. The terms of the FSCS offer protection in connection with deposits to certain types of claimants to whom Bank's London Branch provides services in the event that they suffer a financial loss as a direct consequence of Bank's London Branch being unable to meet any of its obligations and, subject to the FSCS rules regarding eligible deposits, the Customer may have a right to claim compensation from the FSCS. Subject to the FSCS rules, the maximum compensation payable by the FSCS, as at the date of this Agreement, in relation to eligible deposits is £85,000. (c) In the event that Bank incurs a loss attributable to Country Risk with respect to any cash balance it maintains on deposit at a Subcustodian or other correspondent bank in regard to its global custody or trust businesses in the country where the Subcustodian or other correspondent bank is located, Bank may set such loss off against Customer's Cash Account to the extent that such loss is directly attributable to Customer's investments in that market.

  • Environmental Attributes Seller acknowledges and agrees that any Environmental Attribute associated with or related to the Product will not be sold or otherwise made available to a third party but will be sold to Buyer pursuant to this Agreement. For the avoidance of doubt, the Product sold hereunder must meet the definition of “renewable energy credit” under the IPA Act.

  • Certain Requirements in Respect of Combination, etc USCo shall not complete any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertaking, property and assets would become the property of any other person or, in the case of a merger, of the continuing entity resulting therefrom unless, and may do so if: (a) such other person or continuing entity (herein called the "USCo Successor"), by operation of law, becomes, without more, bound by the terms and provisions of this Agreement or, if not so bound, executes, prior to or contemporaneously with the consummation of such transaction, an agreement supplemental hereto and such other instruments (if any) as are reasonably necessary or advisable to evidence the assumption by the USCo Successor of liability for all moneys payable and property deliverable hereunder and the covenant of such USCo Successor to pay and deliver or cause to be delivered the same and its agreement to observe and perform all the covenants and obligations of USCo under this Agreement; and (b) such transaction shall be upon such terms and conditions as substantially to preserve and not to impair in any material respect any of the rights, duties, powers and authorities of the other parties hereunder.

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