Common use of ECR Number Environmental Commitment Record Requirements Description of ADOT Clause in Contracts

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 000-0 Xxxxx Xxxxxxxx Xxxxxxx 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 CUL-1 ADOTWRE-5 A construction AZPDES permit, 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 exceeding 1 acre, will be conducted until ADOT EPG has notified obtained from ADEQ for 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 project in accordance with the PA, a historic properties treatment plan will provisions set forth in Section 402 of the CWA. The AZPDES permit must be developed consistent with discharge limitations and implemented water quality standards established for the sites by ADOTreceiving water. The contractor shall coordinate with ADOT will consult before filing a Notice of Intent and a Notice of Termination with SHPO and other consulting parties as required. Depending on the results ADEQ in accordance with Section 402 of the testing program, follow-up data recovery excavations might also be required. • A burial agreement with CWA and shall provide copies of the ASM and concerned Native American Tribes will be developed permit authorization 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 resourcesADOT. ADOT to oversee for compliance CUL-4 ADOT and FHWA will fund a TCP evaluation of the South Mountains TCP to WRE-6 A SWPPP shall be prepared by GRICthe contractor in accordance with the AZPDES construction general permit. FHWA Upon construction completion, all contaminated material (e.g., concrete wash water) will be removed and disposed of in accordance with local, regional, and federal regulations. The contractor will comply with ADOT’s Post-Construction Best Management Practices Program. ADOT to oversee for compliance WRE-7 ADOT will fund coordinate with appropriate governmental bodies such as flood control districts and GRIC when designing drainage features for the development proposed action. ADOT to oversee for compliance WRE-8 ADOT will replace water lost through well acquisitions. This will be done through full well replacement or well abandonment and implementation compensation (if requested by the owner). See Article 5 of a TCP enhancement the Agreement for further details related to ADOT’s responsibilities. WRE-9 An analysis will be performed during the design process to determine whether it is possible to keep the Foothills Community Association well in its current location, but move the well controls and management plan associated piping to be prepared by GRIC. outside of the R/W. ADOT will satisfy this commitment. CUL-5 Consultation will continue throughout design and construction with SHPOWRE-10 Existing irrigation canals affected by the freeway may be relocated to allow for conveyance of irrigation water (through installation of pipe, GRICconduit, and other Tribes regarding other appropriate mitigation strategies; selected, limited disclosure or extension) from one side of locations of cultural resources sites; and other cultural resources issues related the freeway to the freewayother. ADOT will be the point of contact to oversee for all consultation. compliance TP Attachment 000-0 Xxxxx Xxxxxxxx Xxxxxxx 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 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 000420-0 Xxxxx Xxxxxxxx Xxxxxxx Project Xxxject 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 CUL-1 ADOTWRE-5 A construction AZPDES permit, 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 exceeding 1 acre, will be conducted until ADOT EPG has notified obtained from ADEQ for 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 project in accordance with the PA, a historic properties treatment plan will provisions set forth in Section 402 of the CWA. The AZPDES permit must be developed consistent with discharge limitations and implemented water quality standards established for the sites by ADOTreceiving water. The contractor shall coordinate with ADOT will consult before filing a Notice of Intent and a Notice of Termination with SHPO and other consulting parties as required. Depending on the results ADEQ in accordance with Section 402 of the testing program, follow-up data recovery excavations might also be required. • A burial agreement with CWA and shall provide copies of the ASM and concerned Native American Tribes will be developed permit authorization 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 resourcesADOT. ADOT to oversee for compliance CUL-4 ADOT and FHWA will fund a TCP evaluation of the South Mountains TCP to WRE-6 A SWPPP shall be prepared by GRICthe contractor in accordance with the AZPDES construction general permit. FHWA Upon construction completion, all contaminated material (e.g., concrete wash water) will be removed and disposed of in accordance with local, regional, and federal regulations. The contractor will comply with ADOT’s Post-Construction Best Management Practices Program. ADOT to oversee for compliance WRE-7 ADOT will fund coordinate with appropriate governmental bodies such as flood control districts and GRIC when designing drainage features for the development proposed action. ADOT to oversee for compliance WRE-8 ADOT will replace water lost through well acquisitions. This will be done through full well replacement or well abandonment and implementation compensation (if requested by the owner). See Article 5 of a TCP enhancement the Agreement for further details related to ADOT’s responsibilities. WRE-9 An analysis will be performed during the design process to determine whether it is possible to keep the Foothills Community Association well in its current location, but move the well controls and management plan associated piping to be prepared by GRIC. outside of the R/W. ADOT will satisfy this commitment. CUL-5 Consultation will continue throughout design and construction with SHPOWRE-10 Existing irrigation canals affected by the freeway may be relocated to allow for conveyance of irrigation water (through installation of pipe, GRICconduit, and other Tribes regarding other appropriate mitigation strategies; selected, limited disclosure or extension) from one side of locations of cultural resources sites; and other cultural resources issues related the freeway to the freewayother. ADOT will be the point of contact to oversee for all consultation. compliance TP Attachment 000420-0 Xxxxx Xxxxxxxx Xxxxxxx Project Xxxject 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.