ECR Number Environmental Commitment Record Requirements Description of ADOT Sample Clauses
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities S4F-3 Where the Selected Alternative will cross over trail segments (specifically, Segments Seven, Fifty-six, Sixty-eight, and Sixty-nine of the Maricopa County Regional Trails System, and Segment One of the Sun Circle Trail), the freeway will be constructed as an elevated span to clear the trail segments. ADOT to oversee for compliance S4F-4 ADOT will engage Maricopa County in the design phase to coordinate the design of the freeway with relevant segments of the County’s trail system. ADOT to oversee for compliance S4F-5 During the design phase, ADOT will consult directly with the Phoenix City Manager’s office in representing City of Phoenix interests and on behalf of the Sonoran Preserve Advisory Committee, Phoenix Mountains Preservation Council, Mountain Bike Association of America, Phoenix Parks and Recreation Board, and Arizona Horsemen’s Association to identify and implement other design measures, when possible, to further reduce parkland needed for the freeway. ADOT to oversee for compliance S4F-6 During the design phase, ADOT will consult directly with the Phoenix City Manager’s office in representing City of Phoenix interests to enter into an IGA to identify and purchase replacement land. Replacement land will not exceed a 1:1 ratio (minus previously purchased replacement land) unless ADOT and the City of Phoenix determine jointly that exceeding the 1:1 ratio will be in the best interests of both parties. Under provisions set forth in the IGA entered into by both ADOT and the City of Phoenix, the City will be responsible for identification of replacement land. Once agreed upon under the terms of the IGA, ADOT will issue payment to the City of Phoenix for the acquisition of replacement land. Provisions of the IGA will ensure commitment of the transaction will be solely for the purposes of timely acquisition of public parkland within Phoenix. ADOT will satisfy this commitment. S4F-7 ADOT will undertake the acquisition process to obtain the land from SMPP for the Selected Alternative. Replacement land will be provided as a measure to minimize harm. ADOT will satisfy this commitment. TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, So...
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities CUL-1 ADOT, on behalf of FHWA and in conjunction with tribal and local authorities, Western, and BIA, developed a Programmatic Agreement (PA) for the proposed action under Section 106 of the National Historic Preservation Act of 1966. No ground-disturbing activities will be conducted until ADOT EPG has notified the ADOT Engineer that the terms and stipulations of the PA have been fulfilled. ADOT will develop and implement all testing and data recovery for cultural resources at the Known Cultural Resource Sites. CUL-2 Strategies for prehistoric sites will include: • In accordance with the PA, a historic properties treatment plan will be developed and implemented for the sites by ADOT. ADOT will consult with SHPO and other consulting parties as required. Depending on the results of the testing program, follow-up data recovery excavations might also be required. • A burial agreement with the ASM and concerned Native American Tribes will be developed to outline procedures for proper removal, treatment, and reburial of any human remains and associated funerary objects that might be encountered. ADOT will satisfy this commitment, except that Developer shall be responsible for costs in connection with Developer-Designated ROW and Developer’s Temporary Work Areas. CUL-3 Impacts on the Roosevelt Canal and historic Southern Pacific Railroad will be avoided through the use of bridges to span the resources. ADOT to oversee for compliance CUL-4 ADOT and FHWA will fund a TCP evaluation of the South Mountains TCP to be prepared by GRIC. FHWA and ADOT will fund the development and implementation of a TCP enhancement and management plan to be prepared by GRIC. ADOT will satisfy this commitment. CUL-5 Consultation will continue throughout design and construction with SHPO, GRIC, and other Tribes regarding other appropriate mitigation strategies; selected, limited disclosure of locations of cultural resources sites; and other cultural resources issues related to the freeway. ADOT will be the point of contact for all consultation. TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternati...
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities WUS-2 If more time is required to complete the South Mountain Freeway than authorized by the Section 404 of the CWA permit, ADOT will submit a request for a time extension to USACE and ADEQ at least 1 month prior to reaching the authorized date. ADOT to oversee for compliance WUS-3 If previously unidentified cultural resources are encountered in or adjacent to waters of the United States during the construction of the freeway, ADOT will notify FHWA and USACE immediately to make arrangements for the proper treatment of those resources. Developer must alert ADOT immediately if any unidentified cultural resources are encountered during activity related to the construction of the freeway. ADOT will make arrangements for the proper treatment of those resources and notify the appropriate agencies to evaluate the significance of those resources. WUS-4 If ADOT sells the freeway, ADOT will obtain the signature of the new owner in the applicable space provided in the permit and will forward a copy of the permit to USACE to validate the transfer of the authorization. ADOT will satisfy this commitment. WUS-5 ADOT will provide a copy of the Section 401 water quality certification conditions to all appropriate contractors and subcontractors. ADOT will post a copy of these conditions in a water-resistant location at the construction site where it may be seen by workers. ADOT to oversee for compliance WUS-6a ADOT will maintain the project authorized by the permit in good condition and in conformance with the terms and conditions of the permit. ADOT to oversee for compliance WUS-6b ADOT will not be relieved of this condition even if ADOT abandons the project. Should ADOT cease to maintain the freeway or abandon the freeway without a good faith transfer, ADOT will obtain a modification of the CWA Section 404 permit from USACE. ADOT will satisfy this commitment.
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities WRE-11 A copy of the certificate authorizing permit coverage and a copy of the Notice of Termination acknowledgement letter will be sent to ADOT EPG, Glendale, Phoenix, Chandler, Goodyear, Tolleson, and Avondale, as appropriate, based on the location of project activities ADOT to oversee for compliance WRE-12 ADOT will comply with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT to oversee for compliance WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT to oversee for compliance Floodplain FLD-1 Bridge structures will be designed to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a foot. ADOT to oversee for compliance FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT to oversee for compliance FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT to oversee for compliance FLD-4 On-site drainage design must be performed using the procedures in FHWA’s Urban Drainage Design Manual, Hydraulic Engineering Circular No. 22 (2009b, with revisions). ADOT to oversee for compliance TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer.
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities HZM-2 ADOT will review the status of open regulatory cases relating to hazardous materials releases during the Phase I assessments. Responsible parties associated with any open regulatory cases will be determined at that time. ADOT will coordinate with responsible parties to determine the status of any required cleanup actions. ADOT will perform Phase I assessment for Retained Parcels. HZM-3 ADOT will conduct asbestos and lead-paint inspections of structures to be demolished and will require abatement measures during demolition according to NESHAP regulations. ADOT will comply with this requirement for Retained Parcels. HZM-4 ADOT will determine the need for additional site assessments with the Final Design submittal. ADOT to oversee for compliance HZM-5 Staging for construction activities near ▇▇▇▇▇ or dry ▇▇▇▇▇ will be located in areas where accidental releases of potential contaminants will be minimized and any accompanying threat to groundwater resources minimized. ADOT to oversee for compliance HZM-6 In cooperation with the contractor, ADOT will develop and coordinate emergency response plans with local fire authorities, local hospitals, and certified emergency responders for hazardous materials releases or chemical spills. ADOT to oversee for compliance HZM-7 If suspected hazardous materials are encountered during construction, work will cease at that location and ADOT will arrange for proper assessment, treatment, or disposal of those materials. ADOT will take responsibility with respect to third-party vehicle spills per the Agreement. HZM-8 Asbestos- and lead-paint-containing materials identified in structures to be demolished will be properly removed and disposed of prior to demolition according to NESHAP and EPA/HUD regulations, respectively. ADOT will comply with this requirement for Retained Parcels. HZM-9 Any existing aboveground storage tanks or underground storage tanks will be removed or relocated. The removal/relocation activities will be addressed in accordance with applicable laws and regulations of ADEQ. ADOT will comply with this requirement for Retained Parcels. HZM-10 The contractor shall develop an on-site health and safety plan for construction activities. ADOT to oversee for compliance TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with mi...
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities BIO-12 To prevent invasive species seeds from leaving the site, the contractor shall inspect all construction equipment and remove all attached plant/vegetation and soil/mud debris prior to leaving the construction site. ADOT to oversee for compliance BIO-13 Habitat impacts shall be minimized by restricting construction activities to the minimum area necessary to perform the activities and by maintaining natural vegetation where possible. ADOT to oversee for compliance BIO-14 If any Sonoran desert tortoises are encountered during construction, the contractor shall adhere to the most current guidelines regarding encounters with Sonoran desert tortoises. ADOT to oversee for compliance BIO-15 The contractor shall develop procedures for encounters with sensitive species in the Environmental Management Plan. The procedures shall include allowing the animal to leave of its own accord or contacting a trained person if the animal needs to be removed from the work area. ADOT to oversee for compliance BIO-16 A biologist will be employed to complete a preconstruction survey for burrowing owls 96 hours prior to construction in all suitable habitat that will be disturbed. The biologist shall possess a burrowing owl survey protocol training certificate issued by AGFD. Upon completion of surveys, the survey results will be reviewed with the ADOT biologist and a course of action will be identified. ADOT will review and determine the course of action based on Developer’s survey. BIO-17 If any burrowing owls are located in the work area, the contractor shall immediately stop work at that location and notify the ADOT Engineer. The ADOT Engineer will contact the ADOT biologist to determine whether the owls could be avoided or must be relocated. The contractor shall not work within 100 feet of any active ▇▇▇▇▇▇ until the situation had been evaluated by the ADOT biologist. If the ADOT biologist determined that the owl must be relocated, a biologist holding a rehabilitation permit from USFWS will relocate burrowing owls from the project area. ADOT must be contacted immediately if any burrowing owls are located in the Work area and ADOT will determine whether the owls could be avoided or must be relocated.
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities TMP-3 The following measures will be implemented for the Selected Alternative: • All equipment exhaust systems will be in good working order. Properly designed engine enclosures and intake silencers will be used. • Equipment will be maintained on a regular basis. New equipment will be subject to new product emission standards. • Stationary equipment will be located as far away from sensitive receivers as possible. • Construction-related noise generators will be shielded from noise receivers (e.g., use temporary enclosures to shield generators or crushers, take advantage of site conditions to provide topographic separation). • Construction alerts will be distributed to keep the public informed of construction activities, and a toll-free number for construction-related complaints will be provided. • During the design phase, hours of operation will be evaluated to minimize disruptions during construction. ADOT to oversee for compliance TMP-4 Congestion from construction-related traffic will create temporary impacts in the project vicinity. The magnitude of these impacts will vary depending on the location of the sources of the fill material and of the disposition sites for surplus material, the land uses along the routes, the duration of hauling operations, staging locations, and the construction phasing. To identify acceptable routes and times of operation, ADOT, or its representative, will prepare an agreement with local agencies regarding hauling of construction materials on public streets. ADOT to oversee for compliance TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer.
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities VIS-1 During the design phase, ADOT will evaluate: • leaving in place rock outcrops—if stable and not a hazard to the traveling public—not interfering with construction or looking out-of-place in the natural landscape • using vegetative buffers to screen views both of the road and from the road • transplanting saguaro, mature trees, and other cacti likely to survive the transplanting and setting-in period to visually sensitive or critical roadway areas • blending retention basins and their landscape treatments into their natural surroundings • placing landscape treatment on the periphery of R/W areas at overpass locations as well as at other areas adjacent to residential development • clustering or grouping plant material in an informal pattern to break up the linear form of the freeway • using strategic gaps in plantings to frame positive views from the road • using earth colors for overpasses, retaining and screen walls, and noise barriers • using natural-tone metals with a non-contrasting, non-glare finish for guardrails and handrails • using riprap that blends with the surrounding rocks and exposed soil color • using shotcrete that matches the color and texture of adjacent rocks • using bridges and overpass structural systems that help unify a visually complex landscape • minimizing structural sizes and/or recessing the face of structural members from the edge of the Roadway to reduce real or apparent breadth of structures ADOT to oversee for compliance TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer.
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities VIS-2 If a jurisdiction through which the freeway will pass were to request treatments other than ADOT’s South Mountain Freeway corridor standard palette of treatments to noise barriers, screen walls, piers, concrete barriers, retaining walls, or highly visible headwalls, such efforts may be negotiated with ADOT. (Treatments beyond the ADOT South Mountain Freeway corridor standard palette may be more expensive to construct and/or maintain. In such cases, a given jurisdiction must cover the additional expenses to secure the desired treatment.) ADOT to oversee for compliance VIS-3 Road cuts through the South Mountains will incorporate the newly exposed rock faces characteristic of the adjacent natural rock features, including scale, shape, slope, and fracturing to the extent that could be practicable and feasible as identified through geotechnical testing and constructibility reviews. ADOT will require the contractor to round and blend new slopes to mimic the existing contours to highlight natural formations. ADOT will evaluate having the contractor adjust and warp slopes at intersections of cuts and natural grades to flow into each other or transition with the natural ground surfaces without noticeable breaks. ADOT to oversee for compliance VIS-4 Freeway lighting will be provided along the median of the freeway and at interchanges to achieve desired lighting levels for safety reasons. Any freeway lighting will be designed to reduce illumination spillover onto sensitive light receptors (such as residential and natural areas). ADOT to oversee for compliance
ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities GEO-1 The contractor shall be required to perform in-depth pre- and postconstruction surveys for all structures located within one-half mile in the event any blasting and/or heavy ripping is planned for construction purposes. This documentation shall include photographic and video documentation. ADOT to oversee for compliance GEO-2 Geotechnical-related construction effects will be mitigated through use of appropriate design, including excavations and slopes in soil and rock with an accepted degree of safety, placement of fills with an accepted degree of safety, protection of excavation and fill slopes against erosion, and design of roadway subgrade and foundations in accordance with accepted practices. ADOT to oversee for compliance Biological Resources BIO-1 Protected native plants within the project limits will be affected by this project; therefore, ADOT will determine whether ADA notification will be needed. If notification is needed, ADOT will send the notification at least 60 calendar days prior to the start of construction. ADOT to oversee for compliance TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer.