Finding of No Adverse Effect. For any Federal Aid Transportation Project that includes, within the APE, NRHP-listed or -eligible properties, Qualified Staff will apply the criteria of Adverse Effect set forth in 36 CFR § 800.5(a) to determine the effects of the undertaking on historic properties. Related documentation shall be forwarded to SHPO as described in Section VIII. D.
a. VTrans shall identify and engage parties per Section VI. A. for consultation as appropriate. If the effects are determined to not be adverse, Qualified Staff shall make a finding of No Adverse Effect.
b. VTrans shall include the following documentation in the project file:
i. Any records on consultation
ii. Any records on efforts to identify historic properties iii. Any findings of eligibility
Finding of No Adverse Effect a. If the PQI finds that the undertaking will have no adverse effect on historic properties, the PQI will submit documentation to the SHPO and all consulting parties using the currently approved No Adverse Effect letter templates.
b. 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).
c. If the SHPO or any consulting party object within thirty (30) calendar days of receipt of the finding, the PQI will consult with all consulting parties to resolve the issue and the DOT&PF will ensure the Section 106 process is completed on the undertaking in accordance with 36 CFR 800.5(c)(2).
Finding of No Adverse Effect a. When Caltrans proposes a No Adverse Effect finding other than a finding of NAE-SC specified in Stipulation X.B.1, the Caltrans District shall submit its proposed finding and supporting documentation to CSO for review. If CSO agrees with the proposed finding, CSO shall consult with the SHPO pursuant to 36 CFR § 800.5(c). Where FHWA’s responsibilities for environmental review and compliance have not been assumed by Caltrans, CSO shall concurrently notify FHWA of the finding. The Caltrans District shall concurrently provide documented notification of the finding to any consulting parties that have expressed views regarding potential effects to historic properties, including a request that any comments be directed to CSO, or FHWA as appropriate, within 30 days of receipt of notification.
b. If within 30-calendar days of receipt, neither SHPO nor any consulting party objects to the “No Adverse Effect” finding, the undertaking shall not be subject to further review under this Agreement. CSO, or FHWA where FHWA’s responsibilities for environmental review and compliance have not been assumed by Caltrans, and the SHPO may agree to extend the 30-day time frame for SHPO review specified in 36 CFR § 800.5(c). Confirmation of date of receipt as the basis for determining the 30-day review period may be provided through the SHPO database, a mail delivery receipt, or written or documented oral communication from the SHPO. If the 30-day period expires without SHPO comment or agreement to extend the review period, Caltrans may move forward upon notification to the SHPO via e-mail or other written communication. Disagreements or objections to a finding of “No Adverse Effect” will be addressed in accordance with Stipulation X.D.
Finding of No Adverse Effect. If WSDOT proposes that the undertaking will have no adverse effect on historic properties, WSDOT shall submit documentation required by 36 CFR Part 800 to SHPO, affected tribes, and all other consulting parties. If SHPO, nor another consulting party (including affected tribes), does not object within thirty calendar days, WSDOT shall maintain and make available to the public the finding, and FHWA responsibilities under Section 106 are fulfilled. If any consulting party objects within 30 days of receipt of an adequately documented finding of no adverse effect, WSDOT will notify FHWA and FHWA will ensure the Section 106 process is completed on the undertaking in accordance with 36 CFR 800.5(c)(2).
Finding of No Adverse Effect. The Caltrans District shall submit a finding of “No Adverse Effect with Standard Conditions” to CSO for review pursuant to Stipulation X.B.1.
Finding of No Adverse Effect. If the HPT Staff determines there will be no adverse effect to historic properties, the HPT Staff will make a finding of No Adverse Effect. 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 drafts a letter on the finding of No Adverse Effect, and the HPT Staff submits the letter and any 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. • Often the NAE letters have avoidance areas, please ensure that the avoidance areas have been agreed to in writing by both the PM and the RE prior to sending the consultation letter. The EP should assist the HPT with getting those assurances – and those avoidance areas MUST BE included in environmental commitments for the project as well as the bid documents. Additionally, the HPT must add that project to the S106 project tracking spreadsheet. • The SHPO typically responds within 15 calendar days with their concurrence or comments to ADOT. All other consulting parties will have 35 days to respond.
Finding of No Adverse Effect. The USACE, in consultation with the SHPO, and Tribal Nations shall apply the criteria of adverse effect to historic properties within the APE in accordance with 36 CFR 800.5. The USACE may propose a finding of no adverse effect if the undertaking’s effects do not meet the criteria of 36 CFR 800.5(a)(1) or the undertaking is modified to avoid adverse effects in accordance with 36 CFR 68. The USACE shall provide to the SHPO documentation of this finding meeting the requirements of 36 CFR 800.11
Finding of No Adverse Effect. For any Minor Transportation Project that includes, within the APE, National Register listed or eligible properties, Qualified Staff will apply the criteria of adverse effect set forth in 36 CFR § 800.5(a) to determine the effects of the undertaking on historic properties.
i. CTDOT shall identify and engage parties for consultation as appropriate. If the effects are determined to not be adverse, or if the Minor Transportation Project is modified and/or certain conditions are met such that adverse effects are avoided, Qualified Staff shall make a finding of no adverse effect.
ii. In instances where a Minor Transportation Project is modified to avoid adverse effects, CTDOT shall submit the modifications and/or conditions to CTSHPO for its review and concurrence prior to making a finding of no adverse effect. If CTSHPO does not respond within thirty (30) days, its concurrence will be assumed.
iii. CTDOT shall make documentation concerning a finding of no adverse effect available for public inspection (subject to confidentiality provisions) prior to approving the undertaking. Contact information and instructions for public inspection of documentation shall be posted on CTDOT’s website. No further review under Section 106 is required for a finding of no adverse effect unless the scope of work or limits change, thus requiring additional review.
Finding of No Adverse Effect. For any undertaking that includes historic properties within the APE that will not be adversely affected by an undertaking, as defined by the Criteria of Adverse Effect set forth in 36 CFR 800.5(a), ARDOT shall make a formal finding of “no 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 Appendix X.XX. ARDOT shall seek concurrence on the finding. ARDOT shall seek the Osage Nation’s written concurrence on findings of no adverse effect when sites identified by the Osage Nation to be of significant cultural, traditional, and/or religious value to the Osage people are present within the APE. If no objection is received within thirty (30) calendar days, concurrence will be assumed. ARDOT shall make documentation available for public inspection (subject to confidentiality provisions) upon request, prior to approving the undertaking. No further review under Section 106 is required for a finding of no adverse effect unless the scope of work or limits change, thus requiring additional review. Should any consulting party object, the disagreement will be resolved in compliance with 36 CFR 800.5(c)(2).
Finding of No Adverse Effect. For any undertaking that includes, within the area of potential effects, a listed or eligible State or National Register resource that will not be adversely affected by the undertaking as defined in the Division's rules, the VAOT Archaeology Officer and Historic Preservation Officer shall make a formal finding of no adverse effect and specify those conditions, if any, that shall be imposed to secure that finding. VAOT shall forward copies of this finding to the District Environmental Commission and the SHPO and these comments shall serve as the SHPO's comments on the project for Criterion 8 and other applicable criteria. No further review by AOT under Act 250 is required.
