Finding of Adverse Effect a. If the PQI finds that the undertaking will have an adverse effect on historic properties:
i. Finding Determinations
1. For Regional Office projects, the Regional PQI will consult with the SEO PQI before making the finding of Adverse Effect on historic properties. The Regional Office PQI will submit documentation to the SHPO and all consulting parties, including notification of the ACHP, using the currently approved Adverse Effect letter templates.
2. For projects where the SEO takes the lead environmental processing role, the SEO PQI will make the finding of Adverse Effect on historic properties. The SEO PQI will submit documentation to the SHPO and all consulting parties including notification of the ACHP, using the currently approved Adverse Effect letter templates.
3. If the SHPO does not comment on determinations and findings contained in a submission within thirty (30) calendar days of receipt, the DOT&PF may assume concurrence and proceed to the next step in the consultation process pursuant to 36 CFR 800.3(c)(4).
ii. Resolution of Objections
1. For Regional Office projects, if the SHPO or any consulting party objects within thirty (30) calendar days of receipt of the finding, the Regional Office and SEO PQIs will consult with the consulting parties to resolve the issue. If after consultation the issue remains unresolved, the REM along with the Regional Office and SEO PQIs will refer the dispute to the appropriate Environmental Program Manager. For non-NEPA Assignment Program undertakings, this will be the FHWA Environmental Program Manager. For NEPA Assignment Program undertakings, this will be the Statewide Environmental Program Manager.
2. For projects where the SEO Office takes the lead environmental processing role, the SEO PQI will consult with the consulting parties to resolve the issue before referring the dispute to the appropriate Environmental Program Manager as described above.
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 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. 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. 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.
(i) Plan for the Mitigation of Adverse Effects. If adverse effects on historic properties cannot be avoided, SHPO, the City and LMDC will consider, depending on the nature of the effect and the significance of the historic property, mitigation measures including, but not limited to, the following: modifications to designs; use of noise attenuation; landscaping to minimize visual impact; monitoring of seismic impacts with modifications to construction techniques if seismic impacts are detected; traffic controls and improvements; use of construction materials and design features that will improve visual compatibility with historic properties; documentation of existing historic properties.
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 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.
Finding of Adverse Effect. The CRPM will make a finding of adverse effect when an undertaking alters any of the characteristics of a historic property that qualify it for inclusion in the NRHP in a manner that would diminish the property’s integrity. If the CRPM determines that an undertaking will have an unavoidable adverse effect on historic properties, the DOE will proceed with the resolution of adverse effect procedures in Stipulation VII.
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.
