Avoidance and Minimization of Impacts Clause Samples

Avoidance and Minimization of Impacts. As noted above, Chapter 4 of the Yolo HCP/NCCP includes Conditions to avoid, minimize, and mitigate the Take of Covered Species resulting from Covered Activities. These Conditions are designed to form a countywide program that will be implemented systematically to: prevent Take of individuals of certain Covered Species; avoid impacts to Covered Species to the maximum extent practicable; minimize adverse effects on Covered Species and natural communities to the maximum extent practicable; and avoid and minimize direct and indirect impacts on wetlands and streams. Each Permittee will incorporate all applicable Conditions within all Covered Activities that it implements. In addition, the County and the Cities will require all applicable Conditions as conditions of approval for all other projects that they approve, and the Conservancy will ensure that the Conditions are incorporated in all Special Participating Entity Covered Activities. Local implementing ordinances, addressed briefly in Section 7.3.1.1, above, will be adopted by the County and each City to assist in achieving these requirements.
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Avoidance and Minimization of Impacts. As further described in BRCP Chapter 6, the BRCP includes Conditions to avoid or minimize the Take of Covered Species resulting from Covered Activities. These Conditions are designed to form a regional program that will be implemented systematically to: prevent Take of individuals of certain Covered Species; avoid impacts to Covered Species to the maximum extent practicable; minimize adverse effects on Covered Species and natural communities to the maximum extent practicable; and avoid and minimize direct and indirect impacts on wetlands and streams. Each Permittee will incorporate all applicable Conditions within all Covered Activities that it implements. In addition, the County and the Cities will require all applicable Conditions as conditions of approval for all Project Proponent Covered Activities, and the Implementing Entity will ensure that the Conditions are incorporated in all Participating Special Entity Covered Activities. Participating Special Entity Covered Activities are activities identified by entities that are not subject to the jurisdiction of the Permittees, or whose project is not specifically identified and not precluded as a covered activity but which may receive take authorization under the BRCP via a Certificate of Inclusion in accordance with the provisions of BRCP Chapter 8, Section 8.7.2.
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Avoidance and Minimization of Impacts. The culvert liner will be installed by crane, with concrete grout pumped into the void between the liner and the existing culvert to secure it in place. Work will occur when there is no flowing water present in the culvert. There will be no vegetation removal, although minor brush trimming may be necessary in the immediate area of the culvert to allow crane access. The existing culvert currently discharges onto grouted rock slope protection (RSP), as will the liner. No disturbance of the grouted RSP at the outlet will be required. Installation of a culvert liner will stabilize erosion within the failed culvert during storm water flows, decreasing sediment and turbidity of the culvert discharge. Following Project completion, all materials used for construction will be completely removed from the site. Temporary erosion control will be deployed in accordance with a project-specific water pollution program/plan prepared prior to beginning construction. Caltrans proposes to implement site-specific temporary BMPs or permanent BMPs, including treatment controls, soil stabilization, minimization measures, to intercept sediment before it reaches the waterway, and to develop a Water Pollution Control Plan (WPCP), or a Storm Water Pollution Control Plan if required under the Construction General Permit. Excess material excavated from the work site will be disposed of offsite, and any groundwater or surface water from excavation will be fully contained. The Project will be constructed during the dry season (May through October) to avoid stormwater pollution. All work within the stream channel, streambanks, or riparian areas would be scheduled from June 15 to October 15.
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Avoidance and Minimization of Impacts. The conservation strategy includes measures to avoid and minimize Take of Covered Species and to conserve natural communities and Covered Species at the landscape, habitat, and species level. Avoidance and minimization measures include species surveys and specific conditions on Covered Activities, as detailed in Chapter 5 of the Plan. Permittee shall implement, or ensure the implementation of, all applicable avoidance and minimization measures as required by the Plan.
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Avoidance and Minimization of Impacts to Species Protected Under Laws Other Than the ESA or CESA‌ All Covered Species that are birds are protected under the Migratory Bird Treaty Act. As provided in Section 7.6, above, the Federal Permit will be a Special Purpose Permit under the Migratory Bird Treaty Act for the least ▇▇▇▇’▇ vireo and western yellow-billed cuckoo, which are each a Listed Species under the ESA. However, unless and until the western burrowing owl, Swainson’s hawk, white-tailed kite, bank swallow or the tricolored blackbird become Listed Species under the ESA and the Federal Permit becomes a Special Purpose Permit for those species. The Migratory Bird Treaty Act prohibits killing or possessing birds or their young, nests, feathers, or eggs; therefore, the Special Purpose Permit only addresses harm and harassment in the form of habitat loss. The Permits authorize Take of Covered Species only. Covered Activities affecting other species that are not Covered Species must comply with applicable state and federal laws that protect such species.
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Avoidance and Minimization of Impacts. As further described in BRCP Chapter 6, the BRCP includes Conditions to avoid or minimize the Take of Covered Species resulting from Covered Activities. These Conditions are designed to form a regional program that will be implemented systematically to: prevent Take of individuals of certain Covered Species; avoid
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Avoidance and Minimization of Impacts to Species Protected Under Laws Other Than the ESA or CESA
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Related to Avoidance and Minimization of Impacts

  • COOPERATION IN IMPLEMENTATION On demand of the other Spouse and without undue delay or expense, each Spouse shall execute, acknowledge, or deliver any instrument, furnish any information, or perform any other acts reasonably necessary to carry out the provisions of this Agreement. If a Spouse fails to execute any document as required by this provision, the court may appoint the court clerk or his or her authorized designee to execute the document on that ▇▇▇▇▇▇’s behalf.

  • Rights Protection Mechanisms and Abuse Mitigation ­‐ Registry Operator commits to implementing and performing the following protections for the TLD: i. In order to help registrars and registrants identify inaccurate data in the Whois database, Registry Operator will audit Whois data for accuracy on a statistically significant basis (this commitment will be considered satisfied by virtue of and for so long as ICANN conducts such audits). ii. Work with registrars and registrants to remediate inaccurate Whois data to help ensure a more accurate Whois database. Registry Operator reserves the right to cancel a domain name registration on the basis of inaccurate data, if necessary. iii. Establish and maintain a Domains Protected Marks List (DPML), a trademark protection service that allows rights holders to reserve registration of exact match trademark terms and terms that contain their trademarks across all gTLDs administered by Registry Operator under certain terms and conditions. iv. At no cost to trademark holders, establish and maintain a Claims Plus service, which is a notice protection mechanism that begins at the end of ICANN’s mandated Trademark Claims period. v. Bind registrants to terms of use that define and prohibit illegal or abusive activity. vi. Limit the use of proxy and privacy registration services in cases of malfeasance. vii. Consistent with the terms of this Registry Agreement, reserve the right to exclude from distribution any registrars with a history of non-­‐compliance with the terms of the Registrar Accreditation Agreement. viii. Registry Operator will be properly resourced to perform these protections.

  • Aggravating and Mitigating Factors The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.

  • Technical Feasibility of String While ICANN has encouraged and will continue to encourage universal acceptance of all top-­‐level domain strings across the Internet, certain top-­‐level domain strings may encounter difficulty in acceptance by ISPs and webhosters and/or validation by web applications. Registry Operator shall be responsible for ensuring to its satisfaction the technical feasibility of the TLD string prior to entering into this Agreement.

  • Implementation of Agreement Each Party must promptly execute all documents and do all such acts and things as is necessary or desirable to implement and give full effect to the provisions of this Agreement.