Area of Potential Effects a. For standing structures not adjacent to or located within the boundaries of a National Register listed or eligible district, Qualified staff may define the APE as the individual structure when the proposed Undertaking is limited to its repair or rehabilitation (as defined in 36 CFR § 68.3(b)).
b. For all other Undertakings, Qualified staff shall determine the APE in consultation with the SHPO and participating Tribe(s). FEMA may consider information provided by other parties, such as local governments and the public, when establishing the APE.
Area of Potential Effects. 1. The term ‘‘Area of Potential Effects’’ is defined in Section II.A.3 of this Nationwide Agreement. For purposes of this Nationwide Agreement, the APE for direct effects and the APE for visual effects are further defined and are to be established as described below.
2. The APE for direct effects is limited to the area of potential ground disturbance and any property, or any portion thereof, that will be physically altered or destroyed by the Undertaking.
3. The APE for visual effects is the geo- graphic area in which the Undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a char- acter-defining feature of a Historic Property that makes it eligible for listing on the Na- tional Register.
4. Unless otherwise established through consultation with the SHPO/THPO, the pre- sumed APE for visual effects for construc- tion of new Facilities is the area from which the Tower will be visible:
a. Within a half mile from the tower site if the proposed Tower is 200 feet or less in over- all height;
b. Within 3⁄4 of a mile from the tower site if the proposed Tower is more than 200 but no more than 400 feet in overall height; or
c. Wthin 1 1⁄2 miles from the proposed tower site if the proposed Tower is more than 400 feet in overall height.
5. In the event the Applicant determines, or the SHPO/THPO recommends, that an al- ternative APE for visual effects is necessary, the Applicant and the SHPO/THPO may mu- tually agree to an alternative APE.
6. If the Applicant and the SHPO/THPO, after using good faith efforts, cannot reach an agreement on the use of an alternative APE, either the Applicant or the SHPO/ THPO may submit the issue to the Commis- sion for resolution. The Commission shall make its determination concerning an alter- native APE within a reasonable time.
Area of Potential Effects. A. The BLM in consultation with SHPO and the Consulting Parties has determined and documented the area of potential effects (APE) for the Undertaking, in accordance with 36 CFR 800.16 (d). The APE for the Undertaking is shown on Attachments 1 and 2 to this Agreement. The APE is influenced by the scale and nature of the Undertaking and is based on potential direct, indirect, and cumulative effects associated with route designation under 43 CFR 8342, routine maintenance, restoration and rehabilitation activities and classification of “C” Routes. The APE, as currently defined, encompasses an area sufficient to accommodate all of the proposed alternatives of the WMRNP and account for the direct and indirect effects of the 2006 WEMO Plan. The BLM utilized current cultural resource information in the development of the proposed alternatives for the WMRNP, based on the results of a review and update to the BLM cultural resource GIS records. The APE is determined as follows:
i. The direct APE for Routes proposed for designations will be 50 feet beyond any existing or allowable ground disturbance associated with the route. Designated off- route parking or camping areas will be within the direct APE.
ii. The indirect APE will vary based on the presence of cultural resources identified during previous record searches; topography; visibility of historic properties from a Route; the vulnerability of historic properties to atmospheric, visual or auditory effects and looting; the extent of Traditional Cultural Places (TCPs) or districts; or other factors identified during on-going consultation with the Consulting Parties.
iii. The indirect APE extends to the visual horizon, not to exceed one mile on either side of the direct APE of a Route, unless otherwise identified by a Consulting Party in consultation or as identified through additional analysis.
iv. Where the indirect APE includes TCPs, properties of religious and cultural significance, and other classes of historic properties to which setting, feeling, and/or association contribute to eligibility, additional analysis may be required and the indirect APE may be modified according to Stipulation I.C below.
B. In some cases, historic properties and properties of religious and cultural significance may extend well beyond the narrow APE of the Route. Such properties will be identified through consultation with the Consulting Parties with applicable knowledge.
C. The BLM may modify the APE, in consultation with the Consu...
Area of Potential Effects. It is agreed for the purposes of this AgreementPA, with the exception of Stipulation VII.B., that the Area of Potential Effects (“APE”) will be limited to the individual building when a proposed project is limited to the rehabilitation of its existing interior or exterior features.
Area of Potential Effects. A. The Area of Potential Effects (APE) for undertakings covered by this Agreement shall be limited to the legal lot lines of a property when the Program activity consists exclusively of rehabilitating a property’s interior or exterior features except when the project is located in a National Register-listed or eligible historic district.
B. The APE for general construction and installation of infrastructure, when the project is located in a National Register-listed or eligible historic district, shall be as follows:
1. Water, sewer, and any other utility lines; the APE shall be the trunk of the water, sewer and other utility lines.
2. Curb cuts for disability access; the actual curb cut area under construction shall be the APE.
3. Pavements; the APE shall be the pavement structure and pavement base.
4. For all other infrastructure improvements, the APE shall be analogous in purpose, structure, and location to the APE for those improvements listed in subsections 1 through 3 above.
C. In all other cases, Certified Staff shall determine and document the APE, in accordance with 36 CFR Part 800.16(d).
Area of Potential Effects. After reviewing the project information provided by the Environmental Planner, the HPT Staff (in discussion with the project team, as needed) defines the Area of Potential Effects (APE). Attachment 4 of the PA addresses the process for defining an APE, see Appendix A2. The APE definition is documented in the PA memo or consultation letter. An APE delineates the boundaries within which it can be reasonably expected that a proposed undertaking has the potential to affect historic properties, should any be present. It may be the ROW itself, or an area either larger or smaller than the ROW, depending on the scope and design of the undertaking. In addition to the project footprint, new ROW, permanent drainage easements, temporary construction easements (TCEs), and staging/stockpiling areas, if included in the project design, should all be considered as part of the APE. Potential effects to be considered in defining an APE may include, but are not limited to, physical damage or destruction of all or part of a property; physical alterations; moving or realigning a historic property; isolating a property from its setting; visual, audible, or atmospheric intrusions; shadow effects; vibrations, and change in access or use. For archaeological properties, an APE is typically established based on an undertaking’s potential for direct effects from ground-disturbing activities. Some types of archaeological sites may also have qualities, such as aspects of setting that contribute to a property’s eligibility, that could be subject to indirect effects (e.g., rock art, standing prehistoric architecture, etc.). Buildings, structures, objects, districts, and some sites, including traditional cultural properties (TCPs), are more likely to be subject to indirect, as well as direct effects. It is important in defining the APE to consider the undertaking’s potential effects on a historic property as a whole, taking into account the reasonably anticipated or known boundaries of archaeological sites. If there are cultural resources within the ADOT ROW, the original site card, report, google earth, or other documents are reviewed to determine the site boundary. In some cases, the boundary of the site may be within the ADOT ROW, but will not be affected by the project activities because the site may be either above or below the roadway. HPT Staff have two primary electronic databases (AZSITE Database and ADOT Portal) as well as multiple other resources at their disposal to aid in loca...
Area of Potential Effects. The Undertaking’s area of potential effects (APE) is depicted in Attachment A of this PA. The APE set forth hereunder may be amended through consultation among the PA parties without amending the PA proper.
Area of Potential Effects. A. The APE may require amendments or revisions as the project design develops and construction methodologies are detailed. If the APE requires amendment or revision, the following procedure will apply.
1. BNSF will notify the USCG and SHPO in writing of requested changes to the APE within 7 days of learning an amendment or revision is needed. BNSF will provide a map showing the existing APE and the proposed amendment(s) or revision(s), accompanied by a written explanation of the reason for the change(s).
2. The USCG will consult with the SHPO on the requested changes to the APE and will revise or amend the APE as they determine appropriate.
3. The USCG will notify Consulting Parties of changes to the APE along with the map showing the existing APE and the proposed amendment(s) or revision(s), as well as the written explanation of the reason for the change(s), within 15 days of the USCG and SHPO being informed by BNSF of the need for an amendment(s) or revision(s).
4. Consulting Parties will have 30 days to review and comment on the amended or revised APE.
5. The USCG will take all comments into consideration when finalizing the amended or revised APE. The USCG will provide the finalized APE to the Consulting Parties within 30 days of receiving comments. Any disagreements on changes to the APE will be resolved as stated in Stipulation XIV.
6. Once APE changes are finalized, the USCG will file them electronically with the ACHP through e-106.
7. The USCG will ensure that all areas added to the APE that have not been previously surveyed will be surveyed for cultural resources. If any cultural resources are identified, the USCG will determine if they are eligible for the NRHP and submit those determinations to the SHPO for concurrence.
8. If historic properties are identified within the APE revisions, the USCG will consult with the SHPO and other Consulting Parties to determine the effects of the Undertaking on those properties. If those effects are found to be adverse, the USCG will consult with BNSF and the SHPO to explore ways to avoid or minimize the effects.
9. If adverse effects to historic properties within the APE revisions cannot be avoided, those adverse effects will be mitigated through a second tier Memorandum of Agreement (MOA) as provided in Stipulation VIII.
Area of Potential Effects. (APE)
A. Defining the APE The NPS, in consultation with the SHPO and other Consulting Parties has defined an overall project APE and identified cultural resources within the APE as discussed in the Environmental Assessment for this project.
Area of Potential Effects. 13 The APE may require minor amendments due to project design changes or construction
