AGENDA REPORTS - Laserfiche WebLink

Name of Recipient Agreement No.: XX-XXX-550 Project No.: C-06-XXXX-XXX (b) Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty(30) days or more; (c) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more beyond the estimated date of Completion of Construction previously provided to the Division; (d) Discovery of any potential archeological or historical resource. Should a potential archeological or historical resource be discovered during construction of the Project, the Recipient agrees that all work in the area of the find will cease until a qualified archeologist has evaluated the situation and made recommendationsregarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient agrees to implement appropriate actions as directed by the Division; j' (e) Discovery of any unexpected endangered or„ffireatened species, as defined in the federal Endangered Species Act. Should a federally protected species,be unexpectedly encountered during construction of the Project, the Recipientagrees to promptly notify the Division. This notification is in addition trithe Recipient's obligations under the federal Endangered Species Act; `� N (f) Any monitoring, demonstration, or other implementatiorvactivities such that the State Water Board and/or Regional Water'Quality Control Board staff may observe and document such activities; N� (g) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the..opportunity for attendance-and-participetionfby state and federal representatives with at.,least ten (10)tworking days'notice to;both the Division and USEPA Region IX' The contactfor USEPA Region IX is Josh at Amaris.josh @epa.gov (415) 972-3597; or,. „\ / (h) Completion of Constructionfof.th_e Project,and actual Project Completion. 2.12 j ind ngs-and,Challenge N l Upon consideration of a voter initiative•to reduce Revenues, the Recipient shall make a finding regarding the effect of such a reduction on the Recipient's ability to satisfy its Obligation under this Agreement and to operate and maintain the Project'for its useful life. The Recipient agrees to make its findings available to the public and to request, if necessary, the authorization of the Recipient's decision-maker or decision- maker body to file litigation to challenge any such initiative that it finds will render it unable to satisfy either the Obligation or the`'co'enant to operate and maintain, or both. The Recipient shall diligently pursue and bear any and all costs related to suchfchallenge. The Recipient shall notify and regularly update the State Water Board regarding any,such challenge. 2.13 Project Access. \/ The Recipient agrees to ensure that the State Water Board, the Governor of the State, the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, the President of the United States, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the Obligation. The Recipient acknowledges that, except for a subset of archeological records, the Project records and locations are public records, including all of the submissions accompanying the application, all of the documents incorporated by Exhibit A, and all reports, disbursement requests, and supporting documentation submitted hereunder. 7