Common use of Minor Modifications Clause in Contracts

Minor Modifications. (a) Any party may propose minor modifications to the MSCP or this agreement by providing notice to all other parties. That notice will include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP and on covered species. The parties will use best efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a receiving party objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 11.3. The Service will not propose or approve minor modifications to the MSCP or this agreement if the Service determines that such modifications would result in operations under the MSCP that are significantly different from those analyzed in connection with the original MSCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original MSCP, or additional take not analyzed in connection with the original MSCP. (b) Minor modifications to the MSCP and this Agreement processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permit or MSCP; (3) minor changes to survey, monitoring, or reporting of parameters or protocols if not already covered in Changed Circumstances; and (4) Other types of modifications, such as described in Section 10.2, that are minor in relation to the MSCP, that the Service has analyzed and agreed to, and on which the public has had an opportunity to comment. (c) Any other modifications to the MSCP or this Agreement will be processed as amendments of the permit in accordance with subsection 11.2 of this section.

Appears in 3 contracts

Sources: Implementing Agreement, Implementing Agreement, Implementing Agreement

Minor Modifications. (a) 11.1 The HCP, including its appendices, is a very lengthy and complex document, and the parties recognize that various minor and non-controversial corrections and adjustments may from time to time be required. Any party may propose minor modifications to the MSCP HCP or this agreement by providing written notice to all other parties. That Such notice will shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP HCP and on covered species. The parties will use best efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a receiving party objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 11.3section 13 of this agreement. The Service will not propose or approve minor modifications to the MSCP HCP or this agreement if the Service determines that such modifications would result in operations under the MSCP HCP that are significantly different from those analyzed in connection with the original MSCPHCP, or would result in adverse effects on the environment that are new or significantly different from those analyzed in connection with the original MSCPHCP, or additional take not analyzed in connection with the original MSCPHCP. (b) 11.2 Minor modifications to the MSCP HCP and this Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections 11.2.1 Corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction 11.2.2 Corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permit or MSCPHCP; (3) minor 11.2.3 Minor changes to survey, monitoringmonitoring or reporting protocols; 11.2.4 Minor corrections and adjustments to the HCP, including changes in implementation schedules of up to two years. 11.3 Decisions on specific design details for facilities, studies, projects, or reporting of parameters adaptive management strategies identified in the HCP are not modifications or protocols if not already covered in Changed Circumstances; and (4) Other types of modifications, such as described in Section 10.2, that are minor in relation to the MSCP, that the Service has analyzed amendments and agreed to, and on which the public has had an opportunity to comment. (c) Any other modifications to the MSCP or this Agreement will be processed may proceed without processing as amendments of the permit in accordance with subsection 11.2 of this sectionor modifications.

Appears in 2 contracts

Sources: Appendices, Appendices

Minor Modifications. (a) Any party Party may propose minor modifications to the MSCP HCP or this agreement Agreement by providing notice to all the other parties. That notice will include a statement Party in accordance with Section 6.7.2 of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP and on covered species. The parties will use best efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approvalHCP. If, for any reason, a receiving party Party objects to a proposed modification, it must be processed as an amendment of the permit Permit in accordance with subsection 11.311.2 of this section. The Service FWS will not propose or approve minor modifications to the MSCP HCP or this agreement Agreement if the Service FWS determines that such modifications would result in operations under the MSCP HCP that are significantly different from those analyzed in connection with the original MSCPHCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original MSCPHCP, or additional take Take not analyzed in connection with the original MSCPHCP. (b) Minor modifications to the MSCP HCP and this Agreement processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permit Permit or MSCPHCP; (3) minor changes to survey, monitoringmonitoring or reporting protocols; (4) the addition of CDFG as a reviewing, consulting, participating, or reporting approving party for any action that could result in take of parameters a Covered Species, or protocols if not already covered in Changed Circumstancesbenefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and (45) Other types of modifications, such as described other changes that do not result in Section 10.2, adverse effects to Covered Species beyond that are minor analyzed in relation to the MSCP, that HCP and the Service has analyzed and agreed toassociated biological opinion, and on which do not limit the public has had an opportunity ability of the Permittee to commentachieve the biological goals and objectives of the HCP. (c) Any other modifications to the MSCP HCP or this Agreement will be processed as amendments of the permit Permit in accordance with subsection 11.2 of this section.

Appears in 2 contracts

Sources: Implementing Agreement, Implementing Agreement

Minor Modifications. (a) Any party DNRC or the USFWS may propose minor modifications to the MSCP HCP or this agreement by providing IA. Such notice to all other parties. That notice will shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP HCP and on covered speciesCovered Species. The parties DNRC and USFWS will use best efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' DNRC and USFWS written approval. If, for any reason, a receiving party USFWS or DNRC objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 11.311.2 of this section. The Service USFWS will not propose or approve minor modifications to the MSCP HCP or this agreement IA if the Service USFWS determines that such modifications would result in operations under the MSCP HCP that are significantly different from those analyzed in connection with the original MSCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original MSCPHCP, or additional take not analyzed in connection with the original MSCPHCP. (b) Minor modifications to the MSCP HCP and this Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections Corrections of typographic, grammatical, typographic and grammatical errors and similar editing errors that do not change the intended meaning;. (2) correction of Corrections to any maps maps, or exhibits to correct errors in mapping or to reflect previously approved changes in the permit or MSCPHCP; (3) minor Minor changes to survey, monitoring, monitoring or reporting of parameters or protocols if not already covered in Changed Circumstancesprotocols; and (4) Other types of modificationsAdding and removing lands from Covered Lands, such as described in Section 10.2, that are minor in relation to Chapter 3 of the MSCP, that the Service has analyzed and agreed to, and on which the public has had an opportunity to commentHCP. (c) Any other modifications modification to the MSCP HCP or this Agreement IA will be processed as amendments of the permit in accordance with subsection 11.2 of this section.

Appears in 2 contracts

Sources: Implementing Agreement, Implementing Agreement

Minor Modifications. (a) Any party may propose minor modifications to the MSCP HCP or this agreement by providing written notice to all other parties. That Such notice will shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP HCP and on covered species. The parties will use best efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a receiving party objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 11.312.2 of this section. The Service Services will not propose or approve minor modifications to the MSCP HCP or this agreement if the Service determines Services determine that such modifications would result in operations under the MSCP HCP that are significantly different from those analyzed in connection with the original MSCPHCP, or would result in adverse effects on the environment that are new or significantly different from those analyzed in connection with the original MSCPHCP, or additional take not analyzed in connection with the original MSCPHCP. (b) Minor modifications to the MSCP HCP and this Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permit or MSCPHCP; (3) minor changes to survey, monitoring, monitoring or reporting of parameters or protocols if not already covered in Changed Circumstances; andprotocols; (4) Other types of modifications, such as described in Section 10.2, that are minor in relation changes to the MSCPboundaries of the ecological reserve as shown in Map 15 of the HCP, provided that there is no net loss of total acreage or functionality for covered species; (5) minor corrections and adjustments to the Service has analyzed HCP. The HCP, including its appendices, is a very lengthy and agreed tocomplex document, and on which the public has had an opportunity parties recognize that various minor and non-controversial corrections and adjustments may from time to commenttime be required. (c) Any other modifications to the MSCP HCP or this Agreement IA will be processed as amendments of the permit in accordance with subsection 11.2 12.2 of this section. However, the following activities shall not be considered modifications, minor or otherwise: (1) Transfer of funds under $50,000, as provided in paragraph 7.6. (2) Deferral of the date of accomplishment of certain actions or expenditures specified in the HCP, as provided in paragraph 7.9. (3) Decisions on specific design details for facilities, studies, projects, or adaptive management strategies identified in the HCP.

Appears in 2 contracts

Sources: Implementation Agreement, Implementation Agreement

Minor Modifications. (a) Any party may propose minor modifications to the MSCP HCP or this agreement Agreement by providing notice to all other parties. That Such notice will shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP HCP and on covered species. The parties will use best reasonable efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a receiving party objects to a proposed modification, it must be processed as an amendment of the permit permits in accordance with subsection 11.3Subsection 11.2 of this section. The Service Services will not propose or approve minor modifications to the MSCP HCP or this agreement Agreement if the Service determines Services determine that such modifications would result in (1) operations under the MSCP HCP that are significantly different from those analyzed in connection with the original MSCPHCP, (2) adverse effects on the environment that are new or significantly different from those analyzed in connection with the original MSCPHCP, or (3) additional take not analyzed in connection with the original MSCPHCP. (b) Minor modifications to the MSCP HCP and this Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permit permits or MSCPHCP; (3) minor changes to survey, monitoring, monitoring or reporting of parameters or protocols if not already covered in Changed Circumstancesprotocols; and (4) Other types of modifications, such as described those additional minor changes identified in Section 10.28.4.1 of the HCP that meet the criteria specified in subsection (a), that are minor including acquisition of up to 15,217 cumulative acres over the Permit Term within the Adjustment Area, as identified in relation to the MSCP, that the Service has analyzed and agreed to, and on which the public has had an opportunity to commentParagraph 10.1 above. (c) Any other modifications to the MSCP HCP or this Agreement IA will be processed as amendments of the permit permits in accordance with subsection Subsection 11.2 of this section.

Appears in 1 contract

Sources: Implementation Agreement

Minor Modifications. (a) Any party may propose minor modifications to the MSCP HCP or this agreement Agreement by providing notice to all other parties. That Such notice will shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP HCP and on covered species. The parties will use best reasonable efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a receiving party objects to a proposed modification, it must be processed as an amendment of the permit permits in accordance with subsection 11.3Subsection 11.2 of this section. The Service Services will not propose or approve minor modifications to the MSCP HCP or this agreement Agreement if the Service determines Services determine that such modifications would result in (1) operations under the MSCP HCP that are significantly different from those analyzed in connection with the original MSCPHCP, (2) adverse effects on the environment that are new or significantly different from those analyzed in connection with the original MSCPHCP, or (3) additional take not analyzed in connection with the original MSCPHCP. (b) Minor modifications to the MSCP HCP and this Agreement IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permit permits or MSCPHCP; (3) minor changes to survey, monitoring, monitoring or reporting of parameters or protocols if not already covered in Changed Circumstancesprotocols; and (4) Other types of modifications, such as described those additional minor changes identified in Section 10.28.4.1 of the HCP that meet the criteria specified in subsection (a), that are minor including acquisition of up to 15,218 cumulative acres over the Permit Term within the Adjustment Area, as identified in relation to the MSCP, that the Service has analyzed and agreed to, and on which the public has had an opportunity to commentParagraph 10.1 above. (c) Any other modifications to the MSCP HCP or this Agreement IA will be processed as amendments of the permit permits in accordance with subsection Subsection 11.2 of this section.

Appears in 1 contract

Sources: Implementation Agreement

Minor Modifications. (a) 12.1.1 Any party may propose minor modifications to the MSCP NFHCP or this agreement Agreement by providing notice to all other parties. That Such notice will shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP NFHCP and on covered speciesCovered Species. The parties will use best efforts to respond to proposed Minor modifications within are deemed approved and become effective 60 calendar days of after receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a receiving notice of the same unless the responding party objects to a provides written disapproval of the proposed modification, it modification or the Services give written notice that the proposed modification must be processed as an amendment under section 12.2 of this Agreement because the permit in accordance with subsection 11.3. The Service will not propose or approve minor modifications to the MSCP or this agreement if the Service determines Services have determined that such modifications would result in operations under the MSCP that are significantly different from those or greater adverse effects of incidental Take not analyzed in connection with the original MSCP, adverse effects on the environment NFHCP or that are new or significantly different from those analyzed in connection with the original MSCP, or additional take not analyzed in connection with the original MSCPNFHCP. (b) 12.1.2 Minor modifications to the MSCP NFHCP and this Agreement processed pursuant to this subsection may include but are not limited to the following: (1a) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2b) correction or updating of any maps or NFHCP exhibits to correct errors in mapping or to reflect previously approved changes in amendments to the permit Permits or MSCPmodifications to the NFHCP; (3c) minor changes to survey, monitoring, monitoring or reporting of parameters or protocols if not already covered in Changed Circumstancesprotocols; and (4d) Other types of modifications, such NFHCP measures modified as described "mandatory collaborative management responses" and "cooperative management responses" as provided for in Section 10.2, that are minor in relation to 8.0 of the MSCP, that the Service has analyzed NFHCP and agreed to, and on which the public has had an opportunity to commentSection 10.0 of this Agreement. (ce) those land acquisitions and exchanges within the Planning Area covered by subsections 11.1.2 and 11.1.3 of this Agreement. 12.1.3 Minor modifications to the NFHCP, as defined in subsection 12.1 of this Agreement do not require amendment of the Permits and the Permits shall continue to be fully in force. Any other modifications to the MSCP or this Agreement NFHCP will be processed as amendments require an amendment of the permit Permits in accordance with subsection 11.2 12.2 of this sectionAgreement.

Appears in 1 contract

Sources: Native Fish Habitat Conservation Plan

Minor Modifications. (a) Any party may propose minor modifications to the MSCP HCP or this agreement Agreement by providing written notice to all other parties. That Such notice will shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the MSCP HCP and on covered speciesCovered Species. The parties will use best efforts to respond to proposed modifications within 60 calendar days of receipt of such notice. Proposed modifications will become effective upon all other parties' written approval. If, for any reason, a receiving party objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 11.312.2 of this section. The Service will not propose or approve minor modifications to the MSCP HCP or this agreement Agreement if the Service determines that such modifications would result in operations under the MSCP HCP that are significantly different from those analyzed in connection with the original MSCPHCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original MSCPHCP, or additional take not analyzed in connection with the original MSCPHCP. (b) Minor modifications to the MSCP HCP, the Permit and this Agreement processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permit or MSCPHCP; (3) minor changes to survey, monitoring, monitoring or reporting protocols; (4) updating construction windows for the Covered Species. In the event the standard construction window established for a species covered by the HCP is revised by the Service, then such revised construction windows within the HCP shall automatically be modified; (5) modifying mitigation area enhancement and management techniques; (6) approval of parameters or protocols if not already covered in Changed Circumstancesa management plan for the Coyote Springs Resource Management Area (“CSRMA”) by and between CSI and BLM; and (47) Other types of modifications, such as described in Section 10.2, any other modifications to the HCP that are minor in relation to consistent with the MSCP, educational and biological goals and objectives of the HCP that the Service has analyzed and agreed toapproved, and on which including modifications resulting from the public has had an opportunity to commentimplementation of the AMP (as defined in the HCP). (c) Any other modifications to the MSCP HCP or this Agreement will be processed as amendments of the permit in accordance with subsection 11.2 12.2 of this section.

Appears in 1 contract

Sources: Implementing Agreement