USACE. 1. Shall not authorize implementation of an individual Undertaking (Work Item) until Section 106 review is completed pursuant to this Agreement.
USACE a. Shall assume no responsibility for the completed sites listed in Attachment “A” unless additional response actions are determined to be necessary under the provisions of Article III paragraph B.1.a. and Article III section D; and
USACE a. Shall be responsible for property management and response action activities at active FUSRAP sites, except for DOE’s inventory reporting of federally owned real property interests related to FUSRAP under Article III paragraph C. 1.h. and as otherwise provided in this section;
USACE a. Upon receipt of DOE’s determination and its description of the type of processes involved in the historical activities at the site and potential radioactive and/or chemical contaminants, shall conduct necessary field surveys and prepare a preliminary assessment in accordance with CERCLA and the NCP;
USACE. The United States Army Corps of Engineers (Corps or USACE) has regulatory responsibility under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Any permitting action would be considered a federal undertaking and require the Corps to comply with NHPA. The Corps acknowledges STB as the lead agency responsible for Section 106 compliance in fulfilling our collective responsibilities under Section 106 of the NHPA. The Corps will review STB Section 106 compliance documents to ensure they are acceptable to meet the Corps' Section 106 compliance responsibilities.
USACE. The Authority and the County specifically agree, acknowledge, and covenant that portions of the County’s property or right-of-way will be used by USACE in order to construct, operate, and maintain the SEAI. As a result, the Authority and the County agree and acknowledge that, at any time during which one or more of the Parties is in breach or default of its respective obligations arising out of or related to this MOU, USACE may enforce the terms and conditions of this MOU including, without limitation, by securing a court order directing the Party to perform its obligations under the MOU. In addition to the foregoing, USACE shall have all other rights available to it at law or in equity, and all of the rights and remedies provided hereunder are deemed cumulative and not exclusive of any rights or remedies provided by law or otherwise available to USACE.
USACE. The Professional shall include in the Pedestrian Environmental Survey Technical Memorandum an opinion of compliance with USACE Nationwide permit terms and conditions.
USACE. You shall submit monitoring reports for all compensatory mitigation sites as described in the final, approved mitigation plan by October 1 of each year following the construction of mitigation. To assure compensatory mitigation success, you shall monitor the mitigation area(s) for at least five (5) consecutive growing seasons after construction or until the Corps determines the final performance standards are met (monitoring shall be for a minimum of 5 years unless the Corps agrees earlier that success has been reached and maintained for a sufficient time period), or, if success is not demonstrated to the Corps satisfaction after the 5th year of monitoring, additional monitoring may be required by the Corps as determined at that time or higher number of years for habitats with long maturation rates per the mitigation plan. The monitoring period shall commence upon completion of the construction of the mitigation site(s). Additionally, you shall demonstrate continued success of the compensatory mitigation site(s), without human intervention, for at least two consecutive years during which interim and/or final performance standards are met. The compensatory mitigation project will not be deemed successful until this criterion has been met as per the USACE SC 21.
USACE a. USACE is responsible for reviewing project submittals and will participate in consultation according to the timeframes and communications defined in Stipulation I and otherwise stipulated within this Agreement.
USACE. To the extent of its legal authority, and in coordination with other Signatories, Invited Signatories, and Concurring Parties, USACE shall ensure that the following measures are implemented
