Rare, Threatened, and Endangered Species Sample Clauses

Rare, Threatened, and Endangered Species. ‌ The Certificate Holder contacted the NYS Natural Heritage Program (“NYNHP”) and the United States Fish and Wildlife Service (“USFWS”) to check for updates or changes with regard to the potential presence of rare, threatened, or endangered plant or animal species (collectively, “RTE” species) in the Project area on July 12, 2019 and July 15, 2019, respectively. The request also sought updates regarding special concern species listed in New York and Significant Natural Communities in the Project area. Based on a review of an Official Species List obtained via USFWS’ Information for Planning and Consultation (IPaC) system, no federally listed threatened, endangered, proposed and candidate species, nor proposed and final designated critical habitat, not previously assessed in the Application, has been identified in the Project area. The NYNHP did not identified any additional state-listed species or significant natural communities not previously identified and evaluated in the Application. If any RTE species is encountered during the construction of the Project, the Environmental Monitor will identify the extent of the area of concern, clearly mark it in the field, and GPS its location. The Certificate Holder shall promptly notify Staff and the NYSDEC Regional Natural Resources Supervisor of Region 1 – and, if appropriate, USFWS - in order to determine the appropriate measures to be taken to avoid and minimize direct impacts and protect such species and species’ habitat. If discovery of an unanticipated RTE species is made during construction, all construction activities in the immediate area will cease, to protect the species or their habitat from immediate harm. The Certificate Holder shall stabilize the area and cease construction or ground-disturbing activities in the area until the appropriate officials are notified, and protective measures are implemented. The Environmental Monitor will work with the Construction Inspector to implement necessary protective measures and best management practices identified below:
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Rare, Threatened, and Endangered Species. GIS Database background data on known rare, threatened, and endangered species habitat will be collected and reviewed relative to potential species within the project corridor.

Related to Rare, Threatened, and Endangered Species

  • ENDANGERED SPECIES The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.) as amended, particularly section 7 (16 U.S.C. § 1536).

  • Responsibility for Environmental Contamination 5.20.1 Neither Party shall be liable to the other for any costs whatsoever resulting from the presence or release of any Environmental Hazard that either Party did not introduce to the affected Work Location. Both Parties shall defend and hold harmless the other, its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys' fees) that arise out of or result from (i) any Environmental Hazard that the Indemnifying Party, its contractors or agents introduce to the Work Locations or (ii) the presence or release of any Environmental Hazard for which the Indemnifying Party is responsible under Applicable Law.

  • Environmental Contamination Neither Party shall in any event be liable to the other Party for any costs whatsoever resulting from the presence or release of any environmental hazard such Party did not cause or contribute to causing. Each Party shall, at the other Party's request, indemnify, defend, and hold harmless the other Party, each of its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys fees) that arise out of or from (i) any environmental hazard that such Party, its contractors or agents caused in the work locations or (ii) the presence or release of any environmental hazard for which such Party is responsible under Applicable Law. In the event both Parties contribute to such environmental hazard, they shall each proportionately bear such liability.

  • Environmental Tobacco Smoke Public Law 103-227 (also known as the Pro-Children Act of 1994) and Vermont’s Act 135 (2014) (An act relating to smoking in lodging establishments, hospitals, and child care facilities, and on State lands) restrict the use of tobacco products in certain settings. Party shall ensure that no person is permitted: (i) to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time; (ii) to use tobacco products or tobacco substitutes on the premises, both indoor and in any outdoor area designated for child care, health or day care services, kindergarten, pre-kindergarten, elementary, or secondary education or library services; and (iii) to use tobacco products or tobacco substitutes on the premises of a licensed or registered family child care home while children are present and in care. Party will refrain from promoting the use of tobacco products for all clients and from making tobacco products available to minors. Failure to comply with the provisions of the federal law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The federal Pro-Children Act of 1994, however, does not apply to portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, & Children (WIC) coupons are redeemed.

  • Smoke Free Environment The Lessor shall make all parts of the leased premise smoke-free. "

  • Environmental Hazards (a) Except for matters described in Section 18(b), Borrower shall not cause or permit any of the following:

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