Common use of Environmental Commitments Clause in Contracts

Environmental Commitments. Any work in a wetland area within INDOT’s right of way or in borrow/waste areas is prohibited unless specifically allowed in the US Army Corps of Engineers or IDEM permit. (Required) If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 USC 470, et seq.; 36 CFR 800.11, et al.) and State Law (IC 14-21-1) require that work must stop immediately and that the discovery must be reported to the Division of Historic Preservation and Archaeology in the Indiana Department of Natural Resources within 2 business days. INDOT’s Cultural Resources Section in Environmental Services shall also be notified. (Required) If any potential hazardous materials are discovered the IDEM Spill Line should be notified with details of the discovery within 24 hours. INDOT Environmental Services, Hazardous Materials Unit should then be contacted to organize the proper handling of the material to be in accordance with the IDEM guidelines. (Required) Permits may be required for this project. It will be the responsibility of the designer to submit plans to ES to process permits. (Required) If unexpected karst features are discovered during construction, work shall cease immediately in the affected area and ES will be contacted. ES will coordinate with USFWS to determine appropriate protective measures. (Call ES ▇▇▇▇▇▇ ▇▇▇▇ – 317-232-0240) (INDOT – Required) Erosion control measures will be taken as if this project had a Rule 5 Erosion Control Permit. (Required) Categorical Exclusion Level 1Form Project: LA Code 3097, Parcel 16 – Excess Land Des No: 926136A ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ≤ 2 > 2 > 10 Right of way1 < 0.5 acres < 10 acres ≥ 10 acres ≥ 10 acres Length of added through lane None < 1 miles ≥ 1 mile ≥ 1 mile Permanent Traffic pattern alteration None None Yes Yes New alignment None None < ▇ ▇▇▇▇ ≥ ▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ < 0.1 acres < 1 acre < 1 acre ≥ 1 acre Stream Impacts ≤ 300 linear feet of stream impacts, no work beyond 75 feet from pavement > 300 linear feet impacts, or work beyond 75 feet from pavement N/A N/A Section 4(f)* None None None Any impacts Section 6(f) None None Any impacts Any impacts Section 106 “No Historic Properties Affected” or falls within guidelines of Minor Projects PA “No Adverse Effect” or “Adverse Effect” N/A If ACHP involved Noise Analysis Required No No Yes3 Yes3 Threatened/Endangered Species* “Not likely to Adversely Affect”, or Falls within Guidelines of USFWS 9/8/93 Programmatic Response N/A N/A “Likely to Adversely Affect” 4 Sole Source Aquifer Groundwater Assessment Detailed Assessment Not Required Detailed Assessment Not Required Detailed Assessment Not Required Detailed Assessment Required Approval Level • ESM5 • ES6 • FHWA Yes Yes Yes Yes Yes Yes Yes *These thresholds have changed from the March 2009 Manual. 1Permanent and/or temporary right of way. 2If the length of the new alignment is equal to or greater than one mile, contact the FHWA’s Air Quality/Environmental Specialist. 3In accordance with INDOT’s Noise Policy. 4If the project is considered Likely to Adversely Affect Threatened and/or Endangered Species, INDOT and the FHWA should be consulted to determine whether a higher class of document is warranted. 5Environmental Scoping Manager 6Environmental Services Categorical Exclusion Level 1Form Project: LA Code 3097, Parcel 16 – Excess Land Des No: 926136A Attachment 1 Location Map Categorical Exclusion Level 1Form Project: LA Code 3097, Parcel 16 – Excess Land Des No: 926136A Categorical Exclusion Level 1Form Project: LA Code 3097, Parcel 16 – Excess Land Des No: 926136A Attachment 3 Archaeological Clearance State Form 54566 (1-11) Where applicable, the use of this form is recommended but not required by the Division of Historic Preservation and Archaeology. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Author: Date (month, day, year): November 27, 2012 Archaeological records check and Phase Ia archaeological reconnaissance for the disposal of INDOT excess parcel 16 (LA Code 3097) along US 231 in ▇▇▇▇▇▇▇ County, Indiana. Project Title: The sale of the excess land purchased during the US 231 realignment. Project Description: LA 3097 INDOT Designation Number/ Contract Number: Project Number: DHPA Number: Approved DHPA Plan Number: Indiana Department of Transportation, Vincennes District Prepared For: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Contact Person: ▇▇▇▇ ▇▇ ▇▇▇. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇: Vincennes City: Telephone Number: State: ZIP Code: 47591 ▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇▇ IN ▇▇▇-▇▇▇-▇▇▇▇ Email Address: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Principal Investigator: Signature: Indiana Department of Transportation, Cultural Resources Office Company/Institution: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ IN Address: State: ZIP Code: ▇-▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇▇

Environmental Commitments. Any work in a wetland area within INDOT’s right of way or in borrow/waste areas is prohibited unless specifically allowed in the US Army Corps of Engineers or IDEM permit. (Required) If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 USC 470, et seq.; 36 CFR 800.11, et al.) and State Law (IC 14-21-1) require that work must stop immediately and that the discovery must be reported to the Division of Historic Preservation and Archaeology in the Indiana Department of Natural Resources within 2 business days. INDOT’s Cultural Resources Section in INDOT Environmental Services (INDOT ES) shall also be notified. (Required) If any potential hazardous materials are discovered the IDEM Spill Line should be notified with details of the discovery within 24 hours. INDOT Environmental Services, Hazardous Materials Unit should then be contacted to organize the proper handling of the material to be in accordance with the IDEM guidelines. (Required) Permits may be required for this project. It will be the responsibility of the designer to submit plans to ES to process permits. (Required) If unexpected karst features are discovered during constructiondiscovered, work shall cease immediately in the affected area and INDOT ES will be contacted. INDOT ES will coordinate with USFWS to determine appropriate protective measures. (Call INDOT ES ▇▇▇▇▇▇ ▇▇▇▇ – 317-232-0240) (INDOT – Required) Erosion control measures will be taken as if this project had a Rule 5 Erosion Control Permit. (Required) Categorical Exclusion Level 1Form Project: LA Code 30974725, Parcel 16 1 – Excess Land Des No: 926136A 9608000 ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ≤ 2 > 2 > 10 Right of way1 Land1 < 0.5 acres < 10 acres ≥ 10 acres ≥ 10 acres Length of added through lane None < 1 miles ≥ 1 mile ≥ 1 mile Permanent Traffic pattern alteration None None Yes Yes New alignment None None < ▇ ▇▇▇▇ ≥ ▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ < 0.1 acres < 1 acre < 1 acre ≥ 1 acre Stream Impacts ≤ 300 linear feet of stream impacts, no work beyond 75 feet from pavement > 300 linear feet impacts, or work beyond 75 feet from pavement N/A N/A Section 4(f)* None None None Any impacts Section 6(f) None None Any impacts Any impacts Section 106 “No Historic Properties Affected” or falls within guidelines of Minor Projects PA “No Adverse Effect” or “Adverse Effect” N/A If ACHP involved Noise Analysis Required No No Yes3 Yes3 Threatened/Endangered Species* “Not likely to Adversely Affect”, or Falls within Guidelines of USFWS 9/8/93 Programmatic Response N/A N/A “Likely to Adversely Affect” 4 Sole Source Aquifer Groundwater Assessment Detailed Assessment Not Required Detailed Assessment Not Required Detailed Assessment Not Required Detailed Assessment Required Approval Level • ESM5 • ES6 • FHWA Yes Yes Yes Yes Yes Yes Yes *These thresholds have changed from the March 2009 Manual. 1Permanent and/or temporary right of wayland. 2If the length of the new alignment is equal to or greater than one mile, contact the FHWA’s Air Quality/Environmental Specialist. 3In accordance with INDOT’s Noise Policy. 4If the project is considered Likely to Adversely Affect Threatened and/or Endangered Species, INDOT and the FHWA should be consulted to determine whether a higher class of document is warranted. 5Environmental Scoping Manager 6Environmental Services Categorical Exclusion Level 1Form Project: LA Code 3097, Parcel 16 – Excess Land Des No: 926136A Attachment 1 Location Map Categorical Exclusion Level 1Form Project: LA Code 3097, Parcel 16 – Excess Land Des No: 926136A Categorical Exclusion Level 1Form Project: LA Code 3097, Parcel 16 – Excess Land Des No: 926136A Attachment 3 Archaeological Clearance State Form 54566 (1-11) Where applicable, the use of this form is recommended but not required by the Division of Historic Preservation and Archaeology. ▇▇▇▇▇ ▇▇▇▇▇▇▇ Author: Date (month, day, year): November 27, 2012 Archaeological records check and Phase Ia archaeological reconnaissance for the disposal of INDOT excess parcel 16 (LA Code 3097) along US 231 in ▇▇▇▇▇▇▇ County, Indiana. Project Title: The sale of the excess land purchased during the US 231 realignment. Project Description: LA 3097 INDOT Designation Number/ Contract Number: Project Number: DHPA Number: Approved DHPA Plan Number: Indiana Department of Transportation, Vincennes District Prepared For: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Contact Person: ▇▇▇▇ ▇▇ ▇▇▇. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇: Vincennes City: Telephone Number: State: ZIP Code: 47591 ▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇▇ IN ▇▇▇-▇▇▇-▇▇▇▇ Email Address: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Principal Investigator: Signature: Indiana Department of Transportation, Cultural Resources Office Company/Institution: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ IN Address: State: ZIP Code: ▇-▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇▇Services