Emergency Situations. For the purposes of this PA, emergencies are defined as occurrences that require emergency highway system and facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations: A. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirements, and regardless of declarations made by federal, state, or local agencies. B. If the emergency repair action could affect historic properties, NCDOT’s cultural resource staff shall notify FHWA, USACE, and SHPO via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO and any tribe that may attach religious and cultural significance to historic properties likely to be affected shall have 72 hours to respond. If no response is received within 72 hours, repair work shall proceed. C. For emergency actions where the repair must be made within the first thirty (30) days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall happen concurrently or after the fact. In these cases, NCDOT shall comply with the procedures in Stipulations IV and V, as appropriate, of this PA to the extent possible, but the reviews shall likely be conducted after the emergency work is completed. D. For emergency actions taking longer than thirty (30) days for repair, NCDOT shall comply with the procedures in Stipulation IV and V, as appropriate, of this PA. E. Written notification of an emergency action shall be provided to SHPO and lead federal agencies. The notice shall be clearly and prominently marked as an emergency notification and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
Appears in 3 contracts
Samples: Memorandum of Understanding, Programmatic Agreement, Programmatic Agreement
Emergency Situations. For the purposes of this PAAgreement, emergencies are defined as occurrences that require that emergency action be taken on highway system and facility repairs and/or highway facilities that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. Repairs Actions to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. If the emergency repair action actions could affect historic properties, NCDOT’s cultural resource staff Qualified Staff shall notify CTSHPO, FHWA, USACETribes, and SHPO via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) ACHP prior to any work taking place. The SHPO CTSHPO, FHWA, ACHP, and any tribe Tribe that may attach religious and cultural significance to historic properties likely to be affected shall will have 72 seventy-two (72) hours to respond. If no response is received within 72 hours, repair work shall proceed.
C. For emergency actions projects where the repair actions must be made within the first thirty (30) days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall CTDOT will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation IX of this PA Agreement to the extent possible, but the reviews shall will likely be conducted after the emergency work is completed.
D. For emergency actions Minor Transportation Projects taking longer than thirty (30) days for repairdays, NCDOT shall CTDOT will comply with the procedures set forth in Stipulation IV Stipulations V and VVI, as appropriate, of this PA.
E. Written CTDOT will provide written notification of an emergency action shall be provided to SHPO and lead federal agenciesCTSHPO. The notice shall be clearly and prominently marked as an emergency notification notification, and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame timeframe available for comment.
Appears in 2 contracts
Samples: Programmatic Agreement, Programmatic Agreement
Emergency Situations. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency highway system and facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. If the emergency repair action project could affect historic properties, NCDOT’s cultural resource staff SDDOT EPC shall notify the SHPO, the FHWA, USACE, and SHPO via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO and any tribe Tribe that may attach religious and cultural significance to historic properties likely to be affected shall will have 72 hours to respond. If no response is received within 72 hours, repair work shall proceed.
C. For emergency actions projects where the repair must be made within the first thirty (30) 30 days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the review and processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall comply SDDOT will notify and consult with the procedures in Stipulations IV and VSHPO on the appropriate actions to avoid, as appropriateminimize, of this PA or mitigate adverse effects to the extent possible, but the reviews shall likely be conducted after the emergency work is completedhistoric or unevaluated properties.
D. For emergency actions projects taking longer than thirty (30) 30 days for repair, NCDOT shall SDDOT will comply with the procedures in Stipulation IV and V, as appropriate, of this PAVII.
E. Written SDDOT EPC shall supply written notification of an emergency action shall be provided to SHPO and lead federal agenciesthe SHPO. The notice shall be clearly and prominently marked as an emergency notification and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) property/properties involved, the nature, effect, and anticipated effect of the emergency action on the resource(s)property/properties, and the anticipated time frame available for comment.
Appears in 2 contracts
Samples: Programmatic Agreement, Programmatic Agreement
Emergency Situations. For the purposes of this PAAgreement, emergencies are defined consistent with 36 CFR 800.12 and as occurrences that require emergency highway transportation system and facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway transportation system and facilities; 3) protect remaining highway transportation facilities; or 4) restore essential traffic. The determination that an emergency has occurred is not contingent on the applicability of a specific funding category or declarations by Federal, Tribal, state, or local agencies. The following stipulations apply to emergency situations:
A. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirements, and regardless of declarations made by federal, state, or local agencies.
B. If the emergency repair action undertaking could affect historic properties, NCDOT’s cultural resource staff WisDOT shall notify FHWAthe Lead Federal Agency, USACESHPO/THPO, and SHPO Tribes via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) email prior to any work taking place. The SHPO SHPO/THPO and any tribe Tribes that may attach religious and cultural significance to historic properties likely to be affected shall will have 72 hours seven (7) days to respond. If no response is received within 72 hours, repair work shall proceed.
C. B. For emergency actions undertakings where the repair must be made within the first thirty (30) days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authorityexpeditious, the processing of environmental documentation shall happen concurrently or after the fact. In these cases, NCDOT shall WisDOT will comply with the procedures in Stipulations IV and V, as appropriate, III of this PA Agreement to the extent possible, but the reviews shall likely be conducted after possible and submit undertaking documentation within ninety (90 days) of the emergency work is completedevent. For these undertakings, the Lead Federal Agency, SHPO/THPO, and Tribes will have seven (7) days to respond following receipt of undertaking documentation.
D. C. For emergency actions undertakings taking longer than thirty (30) days for repairemergency notification, NCDOT shall WisDOT will comply with the procedures in Stipulation IV and VStipulations III, as appropriate, of this PA.
E. Written D. The email notification of an emergency action shall be provided to SHPO and lead federal agencies. The notice shall be clearly and prominently marked as an emergency notification and shall include an explanation of how the action meets the requirements for an emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, ; the nature, effect, and anticipated effect of the emergency action on the resource(s), ; and the anticipated time frame timeframe available for comment.
E. Consistent with 36 CFR 800.12(d), immediate rescue and salvage operations conducted to preserve life or property are exempt from the provisions of Section 106 and this Agreement.
Appears in 2 contracts
Samples: Programmatic Agreement, Programmatic Agreement
Emergency Situations. A. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency highway expedited repairs to a transportation system and or facility repairs that are necessary to 1a) protect the life, safety, or health of the public; 2b) minimize the extent of damage to the highway transportation system and or facilities; 3c) protect remaining highway transportation facilities; or 4d) restore essential traffic. The following stipulations apply to emergency situations:.
A. Repairs to address emergency situations as defined above B. These repairs can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies. The Iowa DOT may take immediate remedial action without waiting for comment if such action is necessary to prevent further escalation of the emergency by the circumstances causing it.
B. C. If the emergency repair action to an Iowa DOT managed transportation facility could affect historic properties, NCDOT’s cultural resource staff the Iowa DOT shall notify the SHPO, FHWA, USACETribes, and SHPO via emailOSA as appropriate within 48 hours, and when feasible. If possible, the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO and any tribe Tribe that may attach religious and cultural significance to historic properties likely to be affected shall have will be given at least 72 hours to respond. If no response is received within 72 hours, repair work shall proceed.
C. D. For emergency actions projects where the repair must be made within the first thirty (30) 30 days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall the Iowa DOT will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation VI of this PA Agreement to the extent possible, but the reviews shall will likely be conducted after the emergency work is completed.
D. E. For emergency actions projects taking longer than thirty (30) 30 days for repair, NCDOT shall the Iowa DOT will comply with the procedures in Stipulation IV and V, as appropriate, of this PAVI.
E. Written F. Any written notification of an emergency action shall be provided to the SHPO or Tribes and lead federal agencies. The notice Nations shall be clearly and prominently marked as an emergency notification notification, and shall include an a brief explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. A disaster or emergency situation for the purpose of Section 106 (as taken from FHWA online Environmental Toolkit) is one declared by the President, tribal government, governor of a State, or other immediate threat to life or property. Federal agencies cannot waive their Section 106 responsibilities for taking into account the effects of emergency response activities on properties included in or eligible for the National Register of Historic Places, although immediate rescue and salvage operations to preserve life or property are exempted from the provisions of Section 106. In the absence of specific changes that may be listed below in this Programmatic Agreement, the NDDOT will notify the SHPO, ACHP, and federally recognized tribes that may attach religious and cultural significance to historic properties likely to be affected, to afford them the opportunity for comment and involvement related to the undertakings. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency highway system and facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. : Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. If the emergency repair action could affect historic properties, NCDOT’s cultural resource staff shall notify FHWA, USACE, and SHPO via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO and any tribe that may attach religious and cultural significance to historic properties likely to be affected shall have 72 hours to respond. If no response is received within 72 hours, repair work shall proceed.
C. For emergency actions projects where the repair must be made within the first thirty (30) 30 days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall NDDOT will comply with the procedures in Stipulations IV and V, as appropriate, of this PA Section 106 Procedures to the extent possible, but the reviews shall likely may be conducted after the emergency work is completed.
D. . If the emergency repair project could affect historic properties NDDOT’s cultural resource staff shall notify the SHPO, the FHWA, and Tribes (other than historic bridges) prior to any work taking place. The SHPO and any Tribe that may attach religious and cultural significance to historic properties likely to be affected will have 72 hours to respond. For emergency actions projects taking longer than thirty (30) 30 days for repair, NCDOT shall NDDOT will comply with the Section 106 procedures in Stipulation IV and V, as appropriate, of this PA.
E. 36 C.F.R. § 800.3 - 6. Written notification of an emergency action shall be provided to SHPO and lead federal agenciesthe SHPO. The notice shall be clearly and prominently marked as an emergency notification notification, and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the all resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency highway system and facility repairs that are necessary to to
1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. If the emergency repair action project could affect historic properties, NCDOT’s cultural resource staff ARDOT Qualified Staff shall notify FHWA, USACESHPO, ACHP, Osage Nation, and SHPO via email, and the other consulting Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO FHWA, SHPO, ACHP, Osage Nation, and any tribe other consulting Tribe that may attach religious and cultural significance to historic properties likely to be affected shall will have 72 seventy-two (72) hours to respond. If no response is received within 72 hours, repair work shall proceed.
C. For emergency actions projects where the repair must be made within the first thirty (30) calendar days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall ARDOT will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation VIII of this PA Agreement to the extent possible. If reviews are not possible prior to the emergency work, but the reviews shall likely they will be conducted after the emergency work is completed.
D. For emergency actions projects taking longer than thirty (30) days for repair, NCDOT shall ARDOT will comply with the procedures in Stipulation IV and V, as appropriate, of this PAnon-emergency procedures.
E. Written notification of an emergency action shall be provided to SHPO SHPO, Osage Nation, other consulting Tribes, and lead federal agenciesconsulting parties, as appropriate. The notice shall be clearly and prominently marked as an emergency notification notification, and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
F. For emergency erosion control measures such as the placement of riprap or grout bags to prevent undermining or other major damage to bridges, dams, or roadways caused by flooding events, ARDOT will comply with the procedures in Stipulation VIII of this Agreement to the extent possible. If reviews are not possible prior to the emergency work, they will be conducted after the work is completed.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency highway transit system and facility repairs or other actions that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway transit system and facilities; 3) protect remaining highway transit facilities; or 4) restore essential traffictraffic or access. The following stipulations apply to emergency situations:
A. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. If the emergency action involves undertakings consistent with Stipulations IV, V, or VI, MDOT MTA will complete review under those provisions.
C. If the emergency repair action project could affect historic properties, NCDOT’s cultural resource staff shall MDOT MTA will notify FHWAFTA, USACEMD SHPO, and other appropriate parties as soon as is practicable, but no more than seven (7) days after the emergency repair is identified or conducted. MDOT MTA will consult with FTA and MD SHPO via emailon the nature of the emergency and any available options to avoid or minimize effects to historic properties. Federally recognized Tribal notification will be conducted by FTA. FTA and MDOT MTA will make a reasonable and good faith effort to provide for sufficient response time, but the comment period may be accelerated depending on the nature of the emergency.
D. MDOT MTA will provide written notification of an emergency action to MD SHPO and FTA. The notice will be clearly and prominently marked as an emergency notification and will include an explanation of how the action meets the requirements for emergency as defined herein. The notice will also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and/or anticipated effect of the emergency action on the resource(s), and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO and any tribe that may attach religious and cultural significance to historic properties likely to be affected shall have 72 hours to respond. If no response is received within 72 hours, repair work shall proceedanticipated time frame available for comment.
C. E. Should the emergency action subsequently be defined to meet the requirements described in Stipulations IV, V, or VI, MDOT MTA will notify FTA and MD SHPO that review was completed under these provisions and provide the associated documentation upon request.
F. For emergency actions projects where the repair must be made within the first thirty (30) 30 days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall MDOT MTA will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation VII of this PA Agreement to the extent possible, but the reviews shall will likely be conducted after the emergency work is completed.
D. For emergency actions taking longer than thirty (30) days for repairG. When sufficient lead time prior to implementing repairs is possible, NCDOT shall MDOT MTA will comply with the procedures in Stipulation IV and V, as appropriate, of this PAVII.
E. Written notification of an emergency action shall be provided to SHPO and lead federal agencies. The notice shall be clearly and prominently marked as an emergency notification and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. For the purposes of this PA, emergencies are defined as occurrences that require emergency highway system and facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local public agencies.
B. If the emergency repair action project could affect historic properties, NCDOT’s cultural resource staff MDOT SHA shall notify MD SHPO, the FHWA, USACEfederally recognized Indian Tribes that may attach significance to properties likely to be affected, and SHPO via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking placeother appropriate parties as soon as is practicable. The MDOT SHA will consult with MD SHPO and any tribe federally recognized Indian Tribe or Tribes that may attach religious and cultural significance to historic properties likely that may be affected, on the nature of the emergency and any available options to avoid or minimize effects to historic properties. MDOT SHA will make a reasonable and good faith effort to provide for sufficient response time, but the comment period may be affected shall have 72 hours to respond. If no response is received within 72 hours, repair work shall proceedaccelerated depending on the nature of the emergency.
C. For emergency actions projects where the repair must be made within the first thirty (30) 30 days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall MDOT SHA will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation VII of this PA to the extent possible, but the reviews shall will likely be conducted after the emergency work is completed.
D. For emergency actions taking longer than thirty (30) days for repairWhen sufficient lead time prior to implementing repairs is possible, NCDOT shall MDOT SHA will comply with the procedures in Stipulation IV and V, as appropriate, of this PAVII.
E. Written notification of an emergency action shall be provided to SHPO and lead federal agenciesMD SHPO. The notice shall be clearly and prominently marked as an emergency notification notification, and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and and/or anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
F. Should the emergency action subsequently be defined to meet the requirements described in Stipulations IV or V, MDOT SHA will notify MD SHPO that review was completed under these provisions and provide the associated documentation upon request.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. DRAFT For the purposes of this PAAgreement, emergencies are defined consistent with 36 CFR 800.12 as occurrences that require emergency highway system and facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federalFederal, Tribal, state, or local agencies. ARDOT may take immediate remedial action without waiting for comment if such action is necessary to prevent further escalation of the emergency by the circumstances causing it until the immediate concern is resolved.
B. If the emergency repair action project could affect historic properties, NCDOT’s cultural resource staff ARDOT Cultural Resources Staff shall notify FHWA, USACESHPO, ACHP, and SHPO the consulting Tribes, via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO FHWA, SHPO, ACHP, and any tribe consulting Tribe that may attach religious and cultural significance to historic properties likely to be affected shall will have 72 seventy-two (72) hours to respond. If no response is received within 72 hours, repair work shall proceedrespond after receiving the notice.
C. For emergency actions projects where the repair must be made within the first thirty (30) calendar days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall ARDOT will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation V of this PA Agreement to the extent possible. If reviews are not possible prior to the emergency work, but the reviews shall likely they will be conducted after the emergency work is completed.
D. For emergency actions projects taking longer than thirty (30) days for repair, NCDOT shall ARDOT will comply with the procedures in Stipulation IV and V, as appropriate, of this PAnon-emergency procedures.
E. Written notification of an emergency action shall be provided to SHPO SHPO, consulting Tribes, and lead federal agenciesconsulting parties, as appropriate. The notice shall be clearly and prominently marked as an emergency notification and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
F. For emergency erosion control measures, such as the placement of riprap or grout bags to prevent undermining or other major damage to bridges, dams, or roadways caused by flooding events, ARDOT will comply with the procedures in Stipulation V of this Agreement to the extent possible. If reviews are not possible prior to the emergency work, they will be conducted after the work is completed.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. A. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency highway system and facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. Emergency repairs may be immediately necessary, during an incident (such as a storm) or in the immediate aftermath of a storm and advance coordination may not be possible. The following stipulations apply to emergency situations:
A. 1. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. 2. If the emergency repair action could affect historic propertiesmeets the conditions for Categorical Review in Stipulation IV.A., NCDOT’s cultural resource staff shall notify FHWA, USACE, a memo to file is prepared and SHPO via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO and any tribe that this documentation may attach religious and cultural significance to historic properties likely to be affected shall have 72 hours to respond. If no response is received within 72 hours, repair work shall proceed.
C. For emergency actions where the repair must be made within the first thirty (30) days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall happen concurrently occur during or after the factactual emergency repair.
3. In these casesIf the emergency repair action does not meet the conditions for Categorical Review in Stipulation IV.A., NCDOT shall comply the NYSDOT shall:
i. Notify and consult with the procedures in Stipulations IV NYSHPO, NPS (if a NHL is involved), and Vappropriate Nations to avoid, as appropriateminimize, of this PA or mitigate adverse effects to the extent possible, but the reviews historic or unevaluated properties. FHWA shall likely be conducted after the emergency work is completedcopied on all notifications.
D. For emergency actions taking longer than thirty (30) days for repair, NCDOT shall comply with the procedures in Stipulation IV and V, as appropriate, of this PA.
E. Written ii. The notification of an emergency action shall be provided to SHPO and lead federal agencies. The notice shall be clearly and prominently marked as an emergency notification and shall include an explanation of how the action meets the requirements for emergency as defined hereinnotification. The notice shall also include a description of the emergency, a location and general scope of the proposed repairs, a brief description of the eligibility and/or significance of the resource(sproperty(ies) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available effect on the property(ies). The notified parties have 72 hours to respond.
iii. To the greatest extent possible, coordination, consultation and permit verifications should be made in advance of the action.
4. The NYSDOT shall follow the procedures defined elsewhere in this Agreement for commentactions necessary for permanent restoration to be initiated more than 30 days following declaration of an emergency.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency highway system and facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. : Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. . If the emergency repair action project could affect historic properties, NCDOT______DOT’s cultural resource staff shall notify the SHPO, the FHWA, USACE, and SHPO via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking take place. The SHPO and any tribe Tribe that may attach religious and cultural significance to historic properties likely to be affected shall will have 72 hours to respond. If no response is received within 72 hours, repair work shall proceed.
C. For emergency actions projects where the repair must be made within the first thirty (30) 30 days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall _____DOT will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation VIII of this PA Agreement to the extent possible, but the reviews shall will likely be conducted after the emergency work is completed.
D. . For emergency actions projects taking longer than thirty (30) 30 days for repair, NCDOT shall _____DOT will comply with the procedures in Stipulation IV and V, as appropriate, of this PA.
E. VII. Written notification of an emergency action shall be provided to SHPO and lead federal agenciesthe SHPO. The notice shall be clearly and prominently marked as an emergency notification notification, and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency highway system and facility repairs that are necessary to to
1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. Repairs to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. If the emergency repair action project could affect historic properties, NCDOT’s cultural resource staff ARDOT Qualified Staff shall notify FHWA, USACESHPO, ACHP, Osage Nation, and SHPO via email, and the other consulting Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) prior to any work taking place. The SHPO FHWA, SHPO, ACHP, Osage Nation, and any tribe other consulting Tribe that may attach religious and cultural significance to historic properties likely to be affected shall will have 72 seventy-two (72) hours to respond. If no response is received within 72 hours, repair work shall proceed.Draft November 2020
C. For emergency actions projects where the repair must be made within the first thirty (30) calendar days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall ARDOT will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation VIII of this PA Agreement to the extent possible. If reviews are not possible prior to the emergency work, but the reviews shall likely they will be conducted after the emergency work is completed.
D. For emergency actions projects taking longer than thirty (30) days for repair, NCDOT shall ARDOT will comply with the procedures in Stipulation IV and V, as appropriate, of this PAnon-emergency procedures.
E. Written notification of an emergency action shall be provided to SHPO SHPO, Osage Nation, other consulting Tribes, and lead federal agenciesconsulting parties, as appropriate. The notice shall be clearly and prominently marked as an emergency notification notification, and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
F. For emergency erosion control measures such as the placement of riprap or grout bags to prevent undermining or other major damage to bridges, dams, or roadways caused by flooding events, ARDOT will comply with the procedures in Stipulation VIII of this Agreement to the extent possible. If reviews are not possible prior to the emergency work, they will be conducted after the work is completed.
Appears in 1 contract
Samples: Programmatic Agreement
Emergency Situations. For the purposes of this PAAgreement, emergencies are defined as occurrences that require emergency action on the highway system and and/or facility repairs that are necessary to 1) protect the life, safety, or health of the public; 2) minimize the extent of damage to the highway system and facilities; 3) protect remaining highway facilities; or 4) restore essential traffic. The following stipulations apply to emergency situations:
A. Repairs Actions to address emergency situations as defined above can occur regardless of funding category and permit requirementscategory, and regardless of declarations made by federal, state, or local agencies.
B. If the emergency repair action actions could affect historic properties, NCDOTVTrans’s cultural resource staff Qualified Staff shall notify SHPO, FHWA, USACETribes, and SHPO via email, and the Tribes by the acceptable methods noted in the Tribal Protocol (Attachment E) ACHP prior to any work taking place. The SHPO SHPO, FHWA, ACHP, and any tribe Tribe that may attach religious and cultural significance to historic properties likely to be affected shall will have 72 seventy-two (72) hours to respond. If no response is received within 72 hours, repair work shall proceed.
C. For emergency actions projects where the repair actions must be made within the first thirty (30) days of the occurrence of the event that caused the emergency or the declaration of the emergency by an appropriate authority, the processing of environmental documentation shall will happen concurrently or after the fact. In these cases, NCDOT shall VTrans will comply with the procedures in Stipulations IV and V, as appropriate, Stipulation X of this PA Agreement to the extent possible, but the reviews shall will likely be conducted after the emergency work is completed.
D. For emergency actions Minor Transportation Projects taking longer than thirty (30) days for repair, NCDOT shall VTrans will comply with the procedures in Stipulation IV Stipulations VII and VVIII, as appropriate, of this PA.
E. Written notification of an emergency action shall be provided to SHPO and lead federal agenciesSHPO. The notice shall be clearly and prominently marked as an emergency notification and shall include an explanation of how the action meets the requirements for emergency as defined herein. The notice shall also include a brief description of the eligibility and/or significance of the resource(s) involved, the nature, effect, and anticipated effect of the emergency action on the resource(s), and the anticipated time frame available for comment.
F. Notwithstanding the above, activities that consist of immediate rescue and salvage operations conducted to preserve life or property from death or destruction such as necessitate by a natural disaster or other catastrophic event are exempt from Section 106 review, in accordance with 36 CFR § 800.12(d).
Appears in 1 contract
Samples: Programmatic Agreement