Section 404 Permit Sample Clauses

Section 404 Permit. (Required by the US Army Corps of Engineers if your project will discharge or excavate any dredged or fill material waterward of the Ordinary High Water mark or the Mean Higher High Tide Line in tidal areas.) 5.
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Section 404 Permit. It is not anticipated that this project will need to obtain a Section 404 Clean Water Act permit for dredge and fill of jurisdictional waters of the US. However, a Nationwide Permit is anticipated. This work will include related tasks necessary to complete the permit, including a wetland mitigation plan, wetland delineation, and compliance with the US Endangered Species Act.
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Section 404 Permit. The outcome of the wetland delineation on Buzzy’s Ranch will determine the type of permit required by the ACOE. If wetlands and other WOUS will be crossed by the trail and impacts are over 1/10th of an acre but less than ½ of an acre, then RCI will prepare a Pre-Construction Notification (PCN) for project authorization under NWP #14. The submittal will include a site plan, detailed project description, estimates of impacts to WOUS, discussion of BMPs and impact minimization measures, and pre•construction photos. The ACOE district engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.” According to the ACOE published information, compensatory mitigation is required for all activities in which the impacts to the aquatic resources have been avoided and minimized to the maximum extent practicable, but would still result in unavoidable adverse effects. The PCN requires a description of the Proposed Compensatory Mitigation related to fill/excavation and dredge activities includes acres and linear feet (where appropriate) the total quantity of WOUS proposed to be created, restored, enhanced and/or preserved for purposes of providing compensatory mitigation. The water body type (wetland, riparian wetland, ephemeral stream/river, intermittent stream/river, perennial stream/river, pond/lake, vegetated shallows, etc.) or non-jurisdictional (uplands). The mitigation type may be permittee-responsible on-site/off-site, mitigation bank, or in-lieu fee program. For the purposes of the project budget we have assumed a Nation Wide permit #14 and 401 Certification will be required.
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Related to Section 404 Permit

  • Licenses, Permits, Etc The Company owns or possesses all licenses, permits, franchises, authorizations, patents, copyrights, proprietary software, service marks, trademarks and trade names, or rights thereto, that are Material, without known conflict with the rights of others, except for those conflicts that, individually or in the aggregate, would not have a Material Adverse Effect.

  • Section 512 Control By Holders................................. 37 Section 513. Waiver of Past Defaults............................ 37

  • Compliance with Laws and Material Contractual Obligations Each Loan Party will, and will cause each Subsidiary to, (i) comply with each Requirement of Law applicable to it or its property (including without limitation Environmental Laws) and (ii) perform in all material respects its obligations under material agreements to which it is a party, except, in each case, where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party will maintain in effect and enforce policies and procedures designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

  • Consents, Permits, and Waivers The Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement and the Related Agreements.

  • Compliance with Law; Permits (a) Except with respect to Gaming Laws, the Company and its Subsidiaries are in compliance with, and are not in default under or in violation of, any applicable federal, state, local or foreign law, statute, ordinance, rule, regulation, judgment, order, injunction, decree or agency requirement of any Governmental Entity (collectively, “Laws” and each, a “Law”), except where such non-compliance, default or violation have not had or would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. The Company and each of its Subsidiaries are in compliance with all Gaming Laws applicable to them or by which any of their respective properties are bound, except where any non-compliance would not be material to the Company and its Subsidiaries, taken as a whole. Since January 1, 2012, neither the Company nor any of its Subsidiaries has received any written notice or, to the knowledge of the Company, other communication from any Governmental Entity regarding any violation of, or failure to comply with, any Law, except where such violation or failure has not had or would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. (b) The Company and its Subsidiaries are in possession of all material franchises, grants, authorizations, licenses, permits, easements, variances, exceptions, consents, certificates, approvals, clearances, permissions, qualifications and registrations and orders of all applicable Governmental Entities, and all rights under any Company Material Contract with all Governmental Entities, and have filed all tariffs, reports, notices and other documents with all Governmental Entities necessary for the Company and its Subsidiaries to own, lease and operate their properties and assets and to carry on their businesses as they are now being conducted (the “Company Permits”), except where the failure to possess or file the Company Permits has not had or would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. Except as has not had or would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect, all Company Permits are in all respects valid and in full force and effect and are not subject to any administrative or judicial proceeding that would reasonably be expected to result in modification, termination or revocation thereof. Company and each of its Subsidiaries is in material compliance with the terms and requirements of all Company Permits, except where such noncompliance has not had or would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect.