Finding of Adverse Effect. If the criteria of adverse effect in 36 CFR 800.5(a)(1) are met, the HPT Staff will make a finding that the project will have an adverse effect on historic properties. The HPT Staff is encouraged to discuss this recommendation with any landowners, if the affected properties are on their lands, before formal consultation. The HPT Staff or a consultant will draft a letter on the finding of Adverse Effect, and the HPT Staff will submit the letter, in addition to all appropriate supporting documentation, to the HPT Team Lead for review. After the HPT Team Lead reviews and approves the draft letter, the HPT Staff or a consultant prepares the final letters for mailing and the HPT Team Lead signs them and returns them to the HPT Staff for final processing and transmittal to the consulting parties. • Although not required by 36 CFR 800, ADOT sends notification of the adverse effect to SHPO and the consulting parties The SHPO typically will respond within 15 calendar days with their concurrence or comments to ADOT. All other consulting parties will have 35 days to respond. ACHP usually responses within 15 days. • ADOT may include in the consultation letter a statement that ADOT proposes to resolve the adverse effect through a MOA or project-specific PA.
Finding of Adverse Effect a. If the PQI finds that the undertaking will have an adverse effect on historic properties:
Finding of Adverse Effect. For any undertaking that includes historic properties within the APE that will be adversely affected by the project, as defined by the Criteria of Adverse Effect set forth in 36 CFR 800.5(a), ARDOT shall make a formal finding of “adverse effect.” ARDOT shall submit to SHPO, the Osage Nation, other consulting Tribes, and consulting parties, as requested, this finding along with the appropriate supporting documentation. The type of documentation submitted will follow the procedure as stated in either Appendix X.XX or Appendix D.VII. If any project results in adverse effect to historic properties and cannot be avoided, ARDOT Qualified Staff will notify FHWA, and FHWA will notify the ACHP of the finding of adverse effect and consult with the SHPO and other consulting parties, as appropriate, in order to resolve adverse effects and conclude the Section 106 process in accordance with 36 CFR 800.6.
Finding of Adverse Effect i. Projects that include, within the APE, National Register listed or eligible properties that will or may be adversely affected by the project, as defined by the criteria of adverse effect set forth in 36 CFR § 800.5(a), shall be reviewed in accordance with the procedures of 36 CFR Part 800.
Finding of Adverse Effect. If, after consultation with SHPO and the City, LMDC determines that there will be an adverse effect on a historic property that cannot be avoided, SHPO and LMDC will develop a mitigation plan.
Finding of Adverse Effect. Prior to any finding of adverse effect, VAOT may consult with SHPO regarding application of the criteria of adverse effect in the Division's rules. For undertakings that may have an adverse effect on a listed or eligible State or National Register resource, VAOT shall consult with the SHPO, and prepare for the SHPO's concurrence a recommendation for mitigation measures that would avoid an undue adverse effect. The recommendation, with the SHPO's concurrence, shall be submitted to the District Commission and shall serve as the Division's comments on the project for Act 250’s Criterion 8 (historic sites) and other applicable criteria. If the SHPO does not concur, either in the assessment of undue adverse effect or in proposed mitigation measures, the SHPO may issue his or her own comments to the District Commission.
Finding of Adverse Effect. The Responsible Entity may propose a finding of adverse effect if the undertaking's effects meet the criteria of 36 CFR 800.5(a)(1) and proceed to Stipulation IV.
Finding of Adverse Effect. If the Agency Official, in consultation with the SHPO, finds that the criteria of adverse effect as defined in 36 CFR 800.5(a)(1) are met, the Agency Official shall document that finding of adverse effect and proceed with consultation to resolve the adverse effect, as defined in Stipulation VIII. A Finding of Adverse Effect shall be reported in the annual report for this Agreement.
Finding of Adverse Effect. If the result of the assessment of the project’s effects upon the resource(s) is that there will be an adverse effect, then the FHWA and DOT will continue Section 106 consultation with SHPO and other consulting parties as outlined in Section 800.6, following. 800.6 Resolution Of Adverse Effects
Finding of Adverse Effect a. Undertakings that include NRHP-listed or eligible properties within the APE that will or may be adversely affected, as defined by the criteria of adverse effect set forth in 36 C.F.R. § 800.5(a), shall be reviewed in accordance with the procedures of 36 C.F.R. Part 800.
