Finding of Adverse Effect a. If the PQI finds that the undertaking will have an adverse effect on historic properties:
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. 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. 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 Mn/DOT CRU staff determines that there are historic properties within the APE that will be adversely affected by the undertaking as defined in 36 CFR 800.5(a), the Mn/DOT CRU staff shall make a finding of “Adverse Effect” as per the terms of Stipulation 4 of this PA. The Mn/DOT CRU staff shall submit its determination to the SHPO, who will have 30 days to comment. If the SHPO requests additional, relevant information not provided in the original submittal, the SHPO will make such a request within the 30-day comment period. Once the additional information has been provided, the SHPO will have 30 days to comment. If the Mn/DOT CRU determines that a project scope has changed, the SHPO’s 30-day comment period will be recalculated from the date the SHPO receives the revised submittal. When a finding of “Adverse Effect” has been made, the Mn/DOT CRU staff, in consultation with FHWA and SHPO, shall evaluate alternatives to the project that would avoid any adverse effect and document such steps as per the terms of Stipulation 4 of this PA. If avoidance is not feasible, the Mn/DOT CRU staff, in consultation with FHWA and SHPO shall undertake all possible steps to minimize or mitigate the adverse effect, taking into account the requirements of the Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR 68). FHWA will enter directly into the consultation process and notify the Council of the determination. The Council will use the criteria in Appendix A of 36 CFR Part 800 to determine whether it should participate, and inform FHWA of its decision within 15 days of receipt of notification. FHWA and the Mn/DOT CRU staff will consult with SHPO, Indian tribes that may ascribe traditional cultural and religious value to affected historic properties, and other consulting parties to execute a Memorandum of Agreement (MOA) in accordance with 36 CFR 800.6(c). If the Mn/DOT CRU staff determines that an undertaking may adversely affect a National Historic Landmark, FHWA and the Mn/DOT CRU staff shall request the SHPO, the Council, and the Secretary of the Interior to participate in consultation to resolve any adverse effects, as outlined in 36 CFR 800.10.
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. 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.
