Common use of Project Operation Clause in Contracts

Project Operation. ‌ A. Technical Advisory Committee (TAC)‌ The purpose of the Technical Advisory Committee (TAC) is to advise EFSEC on the effectiveness of mitigation measures as they have been implemented. TAC will also make recommendations to EFSEC if it deems additional studies or mitigation are warranted to address impacts that were either not foreseen in the Revised Application, or significantly exceed impacts that were projected. In order to make advisory recommendations to EFSEC, the TAC will review and consider results of the Project monitoring studies. The TAC will assess whether the post- construction restoration and mitigation and monitoring programs merit further studies or additional mitigation, taking into consideration factors such as the species involved, the nature of the impact, monitoring trends, and new scientific findings. The TAC may include, but need not be limited to, representatives from WDFW, U.S. Fish and Wildlife Service, Ecology, EFSEC, Kittitas County and the Certificate Holder. EFSEC, at its discretion, may add additional representatives to the TAC from state, local, federal and tribal governments. All TAC members must be approved by EFSEC. No later than sixty (60) days prior to the beginning of Site Preparation, the Certificate Holder shall contact the agencies and organizations listed above requesting that they designate a representative to the TAC, and that the agencies or organizations notify EFSEC in writing of their TAC representative and of their member’s term of representation. No later than sixty (60) days prior to the beginning of Commercial Operation, the Certificate Holder shall convene the first meeting of the TAC. The TAC will be convened as determined by EFSEC, except that EFSEC may terminate the TAC if: the TAC has ceased to meet due to member attrition; or, the TAC determines that all of the pre-permitting, operational and post-operational monitoring has been completed and further monitoring is not necessary; or the TAC members recommend that it be terminated; or, upon request by Certificate Holder, after the first year of operation of the Project. The ultimate authority to require implementation of additional mitigation measures, including any recommended by the TAC, shall reside with EFSEC. B. Water Discharge‌ The Certificate Holder shall ensure that all stormwater control measures and discharges are consistent with the Operations SWPPP, required by Article VI.A.1 and the Ecology Stormwater Management Manual for Eastern Washington, September 2004 or as revised.

Project Operation. ‌ A. Technical Advisory Committee (TAC)‌ The purpose of the Technical Advisory Committee (TAC) is to advise EFSEC on the effectiveness of mitigation measures as they have been implemented. TAC will also make recommendations to EFSEC if it deems additional studies or mitigation are warranted to address impacts that were either not foreseen in the Revised Application, or significantly exceed impacts that were projected. In order to make advisory recommendations to EFSEC, the TAC will review and consider results of the Project monitoring studies. The TAC will assess whether the post- construction restoration and mitigation and monitoring programs merit further studies or additional mitigation, taking into consideration factors such as the species involved, the nature of the impact, monitoring trends, and new scientific findings. The TAC may include, but need not be limited to, representatives from WDFW, U.S. Fish and Wildlife Service, Ecology, EFSEC, Kittitas County and the Certificate Holder. EFSEC, at its discretion, may add additional representatives to the TAC from state, local, federal and tribal governments. All TAC members must be approved by EFSEC. No later than sixty (60) days prior to the beginning of Site Preparation, the Certificate Holder shall contact the agencies and organizations listed above requesting that they designate a representative to the TAC, and that the agencies or organizations notify EFSEC in writing of their TAC representative and of their member’s term of representation. No later than sixty (60) days prior to the beginning of Commercial Operation, the Certificate Holder shall convene the first meeting of the TAC. The TAC will be convened as determined by EFSEC, except that EFSEC may terminate the TAC if: the TAC has ceased to meet due to member attrition; or, the TAC determines that all of the pre-permitting, operational and post-operational monitoring has been completed and further monitoring is not necessary; or the TAC members recommend that it be terminated; or, upon request by Certificate Holder, after the first year of operation of the Project. The ultimate authority to require implementation of additional mitigation measures, including any recommended by the TAC, shall reside with EFSEC. B. Water Discharge‌ The Certificate Holder shall ensure that all stormwater control measures and discharges are consistent with the Operations SWPPP, required by Article VI.A.1 and the Ecology Stormwater Management Manual for Eastern Washington, September 2004 or as revised.