Direct Displacement Clause Samples

Direct Displacement. Construction would require placement of concrete, rock, and other fill materials in habitats that currently support important resources. Bridge piers or fill placed in the littoral zone (the area between mean higher high water [MHHW] and about -20 ft MLLW) would cover and destroy existing sedentary biota that includes commercially or recreationally harvestable clams and mussels. The relative significance of this impact would depend on the nature of the substrata and habitats present, and the depth of the affected substratum. The most significant resource loss would occur where areas of eelgrass or saltmarsh and associated riparian vegetation are lost. Eelgrass beds have been located at or near several of the proposed landfall areas. Eelgrass beds are important areas of feeding and refuge for several species of fish, especially juvenile salmonids (e.g., ▇▇▇▇▇▇▇▇▇ et al., 1997) and shellfish (e.g., Dungeness crab). Eelgrass also provides a substratum (along with kelp beds and other intertidal species of algae) for spawning by Pacific ▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇ are known to migrate and spawn in Tongass Narrows from late March through April (House, D., Alaska Department of Fish and Game [ADF&G], pers. comm., July 31, 2001). Along the western shoreline of Tongass Narrows, ▇▇▇▇▇▇▇ spawn from ▇▇▇▇ Reef west to Vallenar Point. Along the eastern banks, ▇▇▇▇▇▇▇ spawn from Refuge Cove west to Point ▇▇▇▇▇ and south of ▇▇▇▇▇▇▇ Island. Additionally, intermittent and sporadic spawning has occurred over the past 5 years on the eastern banks from near the U.S. Coast Guard station east to the town of Saxman (House, D., ADF&G, pers. comm., July 31, 2001). Areas of saltmarsh exist along the upper intertidal zone south of the airport and especially in the estuary of Government Creek. This latter habitat is particularly productive; pink and chum salmon are known to spawn in Government Creek (House, D., ADF&G, pers. comm., July 31, 2001). In the project area, Government Creek enters Tongass Narrows through a shallow gravel-cobble-bottomed stream channel in a small V-shaped embayment. The stream channel bottom is [inconsistent tenses] covered with a dense growth of filamentous ▇▇▇▇▇ ▇▇▇▇ (Pilayella littoralis). Lower streambanks support dense rockweed (Fucus gardneri); in muddy pockets adjacent to the stream, soft-shell clams (Mya arenaria) are abundant. Finer sediments at higher elevations (e.g., > +13 ft MLLW) have a well-developed saltmarsh assemblage. Dominant plants in the lower saltm...
View Source
Direct Displacement. Construction would require placement of concrete, rock, and other fill materials in habitats that currently support important resources. Bridge piers or fill placed in the littoral zone (the area between mean higher high water [MHHW] and about -20 ft MLLW) would cover and destroy existing sedentary biota that includes commercially or recreationally harvestable clams and mussels. The relative significance of this impact would depend on the nature of the substrata and habitats present, and the depth of the affected substratum. Approximate areas of direct marine habitat impacts of each alternative are provided in Table3-1. The most substantial resource loss would occur where areas of eelgrass or saltmarsh and associated riparian vegetation are lost. Eelgrass beds have been located at or near several of the proposed landfall areas. Eelgrass beds are important areas of feeding and refuge for several species of fish, especially juvenile salmonids (e.g., ▇▇▇▇▇▇▇▇▇ et al., 1997) and shellfish (e.g., Dungeness crab). Eelgrass also provides a substratum (along with kelp beds and other intertidal species of algae) for spawning by Pacific ▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇ are known to migrate and spawn in Tongass Narrows from late March through April (House, D., Alaska Department of Fish and Game [ADF&G], pers. comm., July 31, 2001). Along the western shoreline of Tongass Narrows, ▇▇▇▇▇▇▇ spawn from ▇▇▇▇ Reef west to Vallenar Point. Along the eastern banks, ▇▇▇▇▇▇▇ spawn from Refuge Cove west to Point ▇▇▇▇▇ and south of ▇▇▇▇▇▇▇ Island. Additionally, intermittent and sporadic spawning has occurred over the past 5 years on the eastern banks from near the U.S. Coast Guard station east to the town of Saxman (House, D., ADF&G, pers. comm., July 31, 2001). Direct impacts to the saltmarsh in the estuary of Government Creek would be avoided under all alternatives This habitat is particularly productive; pink and chum salmon are known to spawn in Government Creek (House, D., ADF&G, pers. comm., July 31, 2001). In the project area, Government Creek enters Tongass Narrows through a shallow gravel-cobble-bottomed stream channel in a small V-shaped embayment. The stream channel bottom is covered with a dense growth of filamentous ▇▇▇▇▇ ▇▇▇▇ (Pilayella littoralis). Lower streambanks support dense rockweed (Fucus gardneri); in muddy pockets adjacent to the stream, soft-shell clams (Mya arenaria) are abundant. Finer sediments at higher elevations (e.g., > +13 ft MLLW) have a well- developed saltmarsh...
View Source

Related to Direct Displacement

  • Rejected Items; Abandonment (a) The Contractor may deliver, cause to be delivered, or, in any other way, bring or cause to be brought, to any State premises or other destination, Goods, as samples or otherwise, and other supplies, materials, equipment or other tangible personal property. The State may, by written notice and in accordance with the terms and conditions of the Contract, direct the Contractor to remove any or all such Goods (“the “Rejected Goods”) and any or all other supplies, materials, equipment or other tangible personal property (collectively, the “Contractor Property”) from and out of State premises and any other location which the State manages, leases or controls. The Contractor shall remove the Rejected Goods and the Contractor Property in accordance with the terms and conditions of the written notice. Failure to remove the Rejected Goods or the Contractor Property in accordance with the terms and conditions of the written notice shall mean, for itself and all Contractor Parties, that: (1) they have voluntarily, intentionally, unconditionally, unequivocally and absolutely abandoned and left unclaimed the Rejected Goods and Contractor Property and relinquished all ownership, title, licenses, rights, possession and interest of, in and to (collectively, “Title”) the Rejected Goods and Contractor Property with the specific and express intent of (A) terminating all of their Title to the Rejected Goods and Contractor Property, (B) vesting Title to the Rejected Goods and Contractor Property in the State of Connecticut and (C) not ever reclaiming Title or any future rights of any type in and to the Rejected Goods and Contractor Property; (2) there is no ignorance, inadvertence or unawareness to mitigate against the intent to abandon the Rejected Goods or Contractor Property; (3) they vest authority, without any further act required on their part or the State’s part, in the Client Agency and the State to use or dispose of the Rejected Goods and Contractor Property, in the State’s sole discretion, as if the Rejected Goods and Contractor Property were the State’s own property and in accordance with law, without incurring any liability or obligation to the Contractor or any other party; (4) if the State incurs any costs or expenses in connection with disposing of the Rejected Goods and Contractor Property, including, but not limited to, advertising, moving or storing the Rejected Goods and Contractor Property, auction and other activities, the State shall invoice the Contractor for all such cost and expenses and the Contractor shall reimburse the State no later than thirty (30) days after the date of invoice; and (5) they do remise, release and forever discharge the State and its employees, departments, commissions, boards, bureaus, agencies, instrumentalities or political subdivisions and their respective successors, heirs, executors and assigns (collectively, the “State and Its Agents”) of and from all Claims which they and their respective successors or assigns, jointly or severally, ever had, now have or will have against the State and Its Agents arising from the use or disposition of the Rejected Goods and Contractor Property. (b) The Contractor shall secure from each Contractor Party, such document or instrument as necessary or appropriate as will vest in the Contractor plenary authority to bind the Contractor Parties to the full extent necessary or appropriate to give full effect to all of the terms and conditions of this section. The Contractor shall provide, no later than fifteen (15) days after receiving a request from the State, such information as the State may require to evidence, in the State’s sole determination, compliance with this section.

  • Contracted Services In a fixed price contract, if the number of services provided is less than the number of services for which the Contractor received compensation, funds to be returned to the ADHS shall be determined by the Contract price. Where the price is determined by cost per unit of service or material, the funds to be returned shall be determined by multiplying the unit of service cost by the number of services the Contractor did not provide during the Contract term. Where the price for a deliverable is fixed, but the deliverable has not been completed, the Contractor shall be paid a pro rata portion of the completed deliverable. In a cost reimbursement contract, the ADHS shall pay for any costs that the Contractor can document as having been paid by the Contractor and approved by ADHS. In addition, the Contractor will be paid its reasonable actual costs for work in progress as determined by Generally Accepted Accounting Procedures up to the date of contract termination.

  • Elements Unsatisfactory Needs Improvement Proficient Exemplary IV-A-1. Reflective Practice Demonstrates limited reflection on practice and/or use of insights gained to improve practice. May reflect on the effectiveness of lessons/ units and interactions with students but not with colleagues and/or rarely uses insights to improve practice. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues, and uses insights gained to improve practice and student learning. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues; and uses and shares with colleagues, insights gained to improve practice and student learning. Is able to model this element.

  • COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.

  • EXTRA-CURRICULAR ACTIVITIES 1. In this Agreement, extra-curricular programs and activities include all those that are beyond the provincially prescribed and locally determined curricula of the school district. 2. The Board and the Association consider it desirable that teachers participate in extra-curricular activities, and recognize that participation in extra-curricular activities by the individual teacher is on a voluntary basis.