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protecting components of the national wild and scenic rivers system; and to the extent applicable, to
<br />comply with U.S, Forest Service regulations, "Wild and Scenic Rivers," 36 C.F.R. Part 297, and with
<br />U.S, Bureau of Land Management regulations, "Management Areas," 43 C.F.R. Pail 8350.
<br />f. Coastal Zone Mana The Contractor agrees to assure Project consistency
<br />with the approved State management program developed under the Coastal Zone Management Act of
<br />1972, as amended, 16 U,&C, §§ 1451 through 14-65.
<br />g, Wetlands. The Contractor agrees to facilitate compliance with the protections for
<br />wetlands in accordance with Executive Order No. 11990, as amended, "Protection of Wetlands," at 42
<br />U.S.C. § 4321 note,
<br />h. Flood loins. The Contractor agrees to comply with the flood hazards protections in
<br />floodplains in accordance with Executive Order No, 11988, as amended', "Floodplain Management," 42
<br />U.S.C, § 4321 note.
<br />i. Endanaered Sr)ecies and Fisheries Conservation, The Contractor agrees to comply
<br />with protections for endangered species set forth in the Endangered Species Act of 1973, as amended,
<br />16 U,&C. §§ 1531 through 1544, and the Magnuson Stevens Fisheries Conservation Act, as amended,
<br />16 U. 1801 et seq.
<br />j. Historic Preservation. The Contractor agrees to encourage compliance with the
<br />Federal historic and archaeological preservation requirements of Section 106 of the National Historic
<br />Preservation Act, as annended, 16 U.S.C. § 470,f; with ExeCLItive Order No. 11593, "Protection and
<br />Enhancement of the Cultural Environment," 16 U. .C. § 470 note; and with the Archaeological and
<br />Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through 469c, as follows!
<br />(1), In accordance with U.S. Advisory Council on Historic Preservation regulations,
<br />"Protection of Historic and Cultural Properties," 36, C.F.R. Part 800, the Contractor agrees to consult
<br />with the State Historic Preservation Officer concerning investigations to identify properties and
<br />resources included in or eligible for inclusion in the National Register of Historic Places that may be
<br />affected by the Project, and agrees to notify FTA of those properties that are affected.
<br />(2) The Contractor agrees to comply with all applicable Federal regulations and
<br />directives to avoid or mitigate adverse effects on those historic properties, except to the extent the
<br />Federal Government determines otherwise in writing.
<br />K Indian Sacred Sites, The Contractor agrees to facilitate compliance with the
<br />preservation of places and objects of religious importance to American lndians, Eskir nos, Aleuts, and
<br />Native Hawaiians, in compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996,
<br />and with Executive O�rder No. 13007, 'Indian Sacred Sites," 42 U3.C. § 1996 note, except to the extent
<br />the Federal Government determines otherwise in writing.
<br />11, Mifiqation of Adverse Environmental .
<br />....Effects. Should the proposed Project cause or
<br />result in adverse environmental effects, the Contractor agrees to take all reasonable measures to
<br />minimize the impact of those adverse effects, as required by 49 U3.C, § 5324(b), and other applicable
<br />Federal laws and regulations,, including 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Contractor
<br />agrees to comply with all environmental mitigation measures that may be identified as commitments in
<br />applicable environmental documents, (i.e., environmental assessments, environmental impact
<br />statements, memoranda of agreement, and other documents as required by 49 U. .C. § 303) and
<br />agrees to comply with any conditions the Federal Government might impose in a finding of no
<br />significant impact or record of decision. The Contractor agrees that those environmental mitigation
<br />measures are incorporated by reference and made part of this Agreement for the Project. The
<br />Contractor also agrees that any deferred mitigation measures will be incorporated by reference and
<br />made pail of this Agreement for the Project as soon as agreement with the Federal Government is
<br />reached. The Contractor agrees that those mitigation measures agreed upon may not be modified or
<br />withdrawn without the express written approval of the Federal Government,
<br />Section 23. finer Conservation. The Contractor agrees to comply with the North Carolina
<br />Energy Policy Act of 1975 (N.C.G.S. 11313) issued in accordance with the Energy Policy and
<br />Conservation Act, as amended, 42 U.S.C. §§ 6321 et seq., except to the extent that the Department
<br />determines otherwise in writing. To the extent applicable, the Contractor agrees to perform an energy
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