Notice of Transfer Under 401 Certification Sample Clauses

Notice of Transfer Under 401 Certification. The portion of the CSU Property comprising Xxxxxx Canyon Creek and certain property owned by the City comprising the Wetland Mitigation Project Site (collectively, “401 Project Area”) are subject to that certain Clean Water Act Section 401 Certification and Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials issued by the California Regional Water Quality Control Board, San Diego Region (“Water Board”), as Certification No. R9-2013-0124 dated November 14, 2014 (“401 Certification”). The work resulting in impacts to the portion of the CSU Property covered by the 401 Certification have been carried out, but the City has continuing obligations with respect to the Wetland Mitigation Project Site. Section VI.E.1 of the 401 Certification provides that if any portion of the 401 Project Area is transferred to a new owner, notification must be given to the Water Board within ten (10) days of transfer of ownership. Accordingly, upon the Closing, the Parties agree to jointly notify the Water Board that: (i) a portion of the 401 Project Area has been transferred to CSU; (ii) all impacts to the CSU owned portion of the 401 Project Area have been carried out; (iii) City will retain ownership of the Wetland Mitigation Project Site and responsibility for obligations relating thereto, including for maintenance and monitoring of habitat until the success criteria have been met and long-term management thereafter; and (iv) accordingly, the Parties do not intend to transfer the 401 Certification to CSU. In addition, to the extent CSU is required or desires to obtain permits from state or federal agencies for future maintenance or repair of the portion of Xxxxxx Canyon Creek existing on the Xxxxxx Canyon Creek Parcel or Southern Xxxxxx Canyon Creek, the City agrees to Cooperate by providing CSU with copies of historical permits, applications, correspondence and related materials as CSU may reasonably request.
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Notice of Transfer Under 401 Certification. The portion of the CSU Property comprising Xxxxxx Canyon Creek and certain property owned by the City comprising the Wetland Mitigation Project Site (collectively, “401 Project Area”) are subject to that certain Clean Water Act Section 401 Certification and Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials issued by the California Regional Water Quality Control Board, San Diego Region (“Water Board”), as Certification No. R9-2013-0124 dated November 14, 2014 (“401 Certification”). The work resulting in impacts to the portion of the CSU Property covered by the 401 Certification have been carried out, but the City has continuing obligations with respect to the Wetland Mitigation Project Site. Section VI.E.1 of the 401 Certification provides that if any portion of the 401 Project Area is transferred to a new owner, notification must be given to the Water Board within ten (10) days of transfer of ownership. Accordingly, upon the Closing, the Parties agree to jointly notify the Water Board that (i) a portion of the 401 Project Area has been transferred to CSU;‌
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Related to Notice of Transfer Under 401 Certification

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