Common use of Project Review Clause in Contracts

Project Review. A. Exempted Projects 1. Certain projects have no appreciable potential to affect historic properties, whether or not there may be historic properties in the project area. The signatories to this Agreement agree that minor projects limited to the Tier 1 and Tier 2 activities listed in Appendix A will require no further coordination. 2. The SDDOT may add additional activities to the list in Appendix A upon written notice to, consultation with, and concurrence from all signatories to this Agreement. 3. For projects that are limited to the activities listed in Appendix A, SDDOT EPC will document its finding that the action is exempt from further review and maintain that documentation in its project files so the project can be included in the annual report, as described in Stipulation XI.A.1. B. Standard Review 1. For projects which are not included in Appendix A or for projects in which an exempted activity is part of a larger undertaking or requires material sources, material processing sites, stockpile sites, storage areas, plant sites, or waste sites that are not designated within the project plans, SDDOT EPC shall submit full documentation of the project consistent with 36 C.F.R. § 800.11 to SHPO for a standard review of the project consistent with 36 C.F.R. § 800. 2. When SDDOT EPC submits documentation for a finding of “No Historic Properties Affected” or “No Adverse Effect” to SHPO for consultation, the Review & Compliance Archaeologist shall have ten (10) business days from the receipt of complete information to review the project and concur with or comment on the determination. For projects where SDDOT EPC submits documentation of a finding of “adverse effect,” the Review & Compliance Archaeologist will comment as soon as practical but not to exceed thirty (30) days. 3. For all undertakings requiring the preparation of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) under NEPA; or for undertakings in which adverse effects to historic properties cannot be avoided, SDDOT’s environmental program 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 to resolve the adverse effects and conclude the Section 106 process in accordance with 36 C.F.R. § 800.6.

Project Review. A. Exempted Projects 1. Excepted Projects Certain projects have no appreciable potential to affect historic properties, whether or not there may be historic properties in the project area. The signatories to this Agreement agree that minor projects limited to the Tier 1 and Tier 2 activities listed in Appendix A will require no further coordination. 2coordination pursuant to 36 CFR 800.3(a). Projects comprising additional activities not included in Appendix A will be subject to screening as provided for in stipulation VII.B of this agreement. The SDDOT ________DOT may add additional activities to the list in Appendix A upon written notice to, consultation with, to and concurrence from all signatories parties to this Agreement. 3agreement. For projects that are limited to the activities listed in Appendix A, SDDOT EPC ________DOT will document its finding that the action is exempt from further review and maintain that documentation in its project files so the project can be included in the annual reportfiles. Screened Projects with potential to affect historic properties The ________DOT cultural resource staff will evaluate each undertaking for potential effects to historic properties. At a minimum, as described in Stipulation XI.A.1. B. Standard Review 1. For projects which are not included in Appendix A or for projects in which evaluations shall consist of [state should establish an exempted activity is part appropriate minimum level of evalution; e.g. a larger undertaking or requires material sources, material processing sites, stockpile sites, storage areas, plant sites, or waste sites that are not designated within the project plans, SDDOT EPC shall submit full documentation of the project consistent with 36 C.F.R. § 800.11 to SHPO for a standard review of the project consistent with 36 C.F.R. § 800. 2state’s cultural resources filed in a Geographic Information system (GIS) and a review of modern-day aerial photography]. When SDDOT EPC submits documentation for Field investigations will be performed at the discretion of ________DOT’s cultural resource staff. Provided an undertaking is limited to the activities listed in Appendices A or B, is not located within or adjacent to historic property, and has no known public controversy related to historic properties, no further coordination pursuant to Section 106 shall be required. No Historic Properties Affected. For those undertakings in which there are a) no previously recorded historic properties within the Area of Potential Effect (APE) and b) no newly identified historic properties within the APE, ________DOT’s cultural resource staff may issue a finding of “No Historic Properties Affected” or “No Adverse Effect” to SHPO for consultation, the Review & Compliance Archaeologist shall have ten (10) business days from the receipt of complete information to review the project and concur with or comment on the determination. For projects where SDDOT EPC submits documentation of a finding of “adverse effect,” the Review & Compliance Archaeologist will comment as soon as practical but not to exceed thirty (30) days. 3. For all undertakings requiring the preparation of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) under NEPA; or for undertakings in which adverse effects to no historic properties cannot be avoided, SDDOT’s environmental program staff affected” and will notify FHWA, and FHWA will notify the ACHP of the finding of adverse effect and consult with the SHPO and other consulting parties to resolve others as ________DOT determines appropriate. If there are potential historic properties identified within the adverse effects and conclude the Section 106 process in accordance with 36 C.F.R. § 800.6.APE:

Project Review. A. Exempted ProjectsProjects with No Potential to Cause Effects 1. Certain projects have no appreciable potential to affect historic properties, whether or not there may be historic properties in the project area. The signatories to this Agreement agree that minor projects limited to the Tier 1 and Tier 2 activities listed in Appendix A will require no further coordinationcoordination pursuant to 36 CFR 800.3(a). Projects comprising additional activities not included in Appendix A will be subject to screening as provided for in stipulation VII.B of this agreement. 2. The SDDOT WVDOH may add additional activities to the list in Appendix A upon written notice to, consultation with, to and concurrence from all signatories parties to this Agreementagreement. 3. For projects that are limited to the activities listed in Appendix A, SDDOT EPC WVDOH will document its finding that the action is exempt from further review has no potential to cause effects and maintain that documentation in its project files so the project can be included in the annual report, as described in Stipulation XI.A.1files. B. Standard ReviewScreened Projects with potential to affect historic properties 1. For projects which are not included WVDOH cultural resource staff will evaluate each undertaking for potential effects to historic properties. At a minimum, evaluations shall follow the processes outlined in Appendices B, C and D and include a review of the state’s cultural resource records and a review of aerial photography and mapping records. Field investigations will be performed at the discretion of WVDOH’s cultural resource staff. Provided an undertaking is limited to the activities listed in Appendix A , is not located within or for projects in which an exempted activity is part of a larger undertaking or requires material sourcesadjacent to historic property, material processing sitesand has no known public controversy related to historic properties, stockpile sites, storage areas, plant sites, or waste sites that are not designated within the project plans, SDDOT EPC no further coordination pursuant to Section 106 shall submit full documentation of the project consistent with 36 C.F.R. § 800.11 to SHPO for a standard review of the project consistent with 36 C.F.R. § 800be required. 2. When SDDOT EPC submits documentation for For those undertakings in which there are a) no previously recorded historic properties within the Area of Potential Effect (APE) and b) no newly identified historic properties within the APE, WVDOH’s cultural resource staff may issue a finding of “No Historic Properties Affectedno historic properties affected” or “No Adverse Effect” to and will consult with SHPO for consultation, the Review & Compliance Archaeologist shall have ten (10) business days from the receipt of complete information to review the project and concur with or comment on the determination. For projects where SDDOT EPC submits documentation of a finding of “adverse effect,” the Review & Compliance Archaeologist will comment others as soon as practical but not to exceed thirty (30) daysWVDOH determines appropriate. 3. For all undertakings requiring WVDOH will document each project with the preparation of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) under NEPA; or for undertakings forms contained in which adverse effects to Appendices B, C and D. 4. If there are potential historic properties cannot be avoided, SDDOTidentified within the APE: a. WVDOH’s environmental program cultural resource staff will notify FHWA, and FHWA will notify apply the ACHP of the finding of adverse effect and consult National Register Evaluation Criteria in coordination with the SHPO and other consulting parties parties, as appropriate, to resolve assess the adverse effects need for any additional investigation and conclude the Section 106 process determine National Register eligibility in accordance with 36 C.F.R. § 800.6CFR 800. b. If the APE may contain properties of traditional cultural and religious significance to Indian tribes, or identified properties within the APE may be of interest to Indian tribes, FHWA will initiate consultation with such tribes. c. WVDOH will apply the Criteria of Adverse Effect to any historic properties in consultation with SHPO and other consulting parties, as appropriate, in accordance with 36 CFR 800. 5. d. WVDOH 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.

Project Review. A. Exempted Projects 1. Certain projects Tier 1 undertakings are those undertakings that have no appreciable the potential to affect historic properties, whether or not there but following appropriate screening, may be historic properties in determined to require no further review or consultation under this Agreement. Pursuant to consultation with the project area. The other signatories to this Agreement agree Agreement, UDOT has identified undertakings that minor projects limited meet certain criteria and that will be addressed in accordance with Attachment 5 to the this Agreement. The undertakings classified in this Attachment as Tier 1 undertakings do not require case-by-case review by SHPO, but may be reviewed by SHPO in a quarterly report under this Agreement when the steps set forth in the Attachment have been satisfactorily completed and Tier 2 activities listed in Appendix A will require when UDOT determines that no condition of the undertaking necessitates further coordinationreview pursuant to this Agreement. 2. The SDDOT PQS is responsible for screening undertakings to determine if those individual undertakings require further consideration, or if they may add additional activities be determined not to require further review or consultation under the list in Appendix A upon written notice to, consultation with, and concurrence from all signatories to terms of this Agreement. The UDOT PQS may consult at any time, either formally or informally, with SHPO on any undertaking. 3. For projects that are limited The PQS shall include the identification of all known storage, disposal, or borrow areas and construction easements, prior to the activities listed in Appendix Ascreening process. If additional project areas are added to a screened undertaking, SDDOT EPC will document its finding that the action is exempt from undertaking must be re-screened. 4. The criteria for determining if an undertaking requires no further review and maintain that documentation in its project files so consultation beyond the project can be included in the annual report, as described in Stipulation XI.A.1. B. Standard Review 1. For projects which are not included in Appendix A or for projects in which an exempted activity is part of a larger undertaking or requires material sources, material processing sites, stockpile sites, storage areas, plant sites, or waste sites that are not designated within the project plans, SDDOT EPC shall submit full screening assessment and documentation of the project consistent with 36 C.F.R. § 800.11 to SHPO for a standard review decision making by UDOT, are as follows: a. Has no known public controversy based on historic preservation issues; and b. Has one of the project consistent with 36 C.F.R. § 800.following effect findings: 2. When SDDOT EPC submits documentation for a finding of “i. No Historic Properties Affected” : no cultural resources present, as determined by UDOT PQS; or ii. No Historic Properties Affected: no historic properties (i.e., eligible for the National Register) present, as determined by UDOT PQS; or iii. No Historic Properties Affected: Historic properties are present, but are completely avoided by the undertaking and there is no or “No Adverse Effect” to SHPO negligible potential for consultationadverse indirect effects, the Review & Compliance Archaeologist shall have ten (10) business days as determined by UDOT PQS. 5. If a cultural resource inventory is conducted under this stipulation, any cultural resource reports generated from the receipt of complete information survey shall be submitted to review the project and concur with or comment on the determination. For projects where SDDOT EPC submits documentation of a finding of “adverse effect,” the Review & Compliance Archaeologist will comment as soon as practical but not to exceed thirty (30) days. 3. For all undertakings requiring the preparation of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) under NEPA; or UDSH quarterly for undertakings in which adverse effects to historic properties cannot be avoidedfiling, SDDOT’s environmental program 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 to resolve the adverse effects and conclude the Section 106 process in accordance with 36 C.F.R. § 800.6Stipulation VIII.C. 6. The UDOT Standard Specification 01355, Part 3.8, Discovery Of Historical, Archaeological, or Paleontological Objects, Features, Sites, Human Remains (Attachment 6), applies to all UDOT projects and will be referenced in all environmental documents (CEs, EAs, XXXx). 7. The requirements for reporting on the projects that qualify and are processed as Tier 1 undertakings will be in accordance with Attachment 5. 8. The PQS will ensure that the documentation in Attachment 5 is included in the appropriate NEPA document and project file. For Tier 1 undertakings, to document compliance in USACE decisions, UDOT shall notify USACE by submittal of screening form in permit application. 9. UDOT administratively completes Section 106 activities and assumes authority, responsibility, and liability for all actions, findings, and determinations.