Direct Effects Clause Samples

Direct Effects. The APE for direct effects, or Direct APE, is the vertical and horizontal area within which historic properties may sustain physical alteration, damage, or destruction as a result of the construction of the Undertaking. The APE for direct effects includes all areas where the ground will be disturbed such as staging areas, cut and fill areas, material sources/gravel quarries, overburden disposal areas, associated buildings/structures (e.g., sidings, bridges etc.) and associated infrastructure (e.g., communication towers, power lines etc.). The vertical lower limits of the APE for direct effects includes the depth of natural ground disturbance plus the depth of soil compaction that could affect the integrity of deeply buried archaeological or tribal resources, but does not exceed the depth beyond which such resources are reasonably expected to occur. The horizontal Direct APE includes up to 200 feet on either side (up to a total of 400 feet) of the authorized construction right-of-way (ROW), to include a twenty-foot buffer on either side of the fenced construction ROW along the entire route, with the exception of the Wolf Mountains Battlefield NHL site. However, the final horizontal Direct APE will not be established until final engineering of a built alternative is completed. If the ▇▇▇▇▇▇ Alternative is approved by STB, the NPS would be consulted about possibly expanding the APE for consideration of moving the alignment in order to avoid or minimize, to the extent feasible, adverse impacts on identified historic properties within the NHL.