TREATMENT OF HISTORIC PROPERTIES. A. When the Recipient and the SHPO concur that an undertaking is designed and planned in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR Part 68, July 12, 1995 Federal Register) (Standards), that undertaking will not be subject to further Section 106 review.
B. The Recipient and SHPO will make best efforts to expedite reviews through a finding of “No Adverse Effect with conditions” when the Recipient and the SHPO concur that plans and specifications or scopes of work can be modified to ensure adherence to the Standards. If the undertaking cannot meet the Standards or would otherwise result in an adverse effect to historic properties, the Recipient will proceed in accordance with Stipulation VIII.
TREATMENT OF HISTORIC PROPERTIES. A. Memoranda of Agreement
1. A MOA will be developed by the Authority for each undertaking where the FRA determines there would be an adverse effect to historic properties or when phased identification is necessary and adverse effects would occur.
2. Each MOA will include avoidance, minimization, and protective measures for eligible properties identified in the HPSRs such as preservation-in-place; processes for addressing project design changes or refinements after the HPSRs, FOEs and project XXXx are completed, incomplete identification of buried resources, and unanticipated discoveries.
3. The FRA will notify the Council of any findings of adverse effect and invite the Council to participate in the development of the MOAs pursuant to 36 CFR 800.6(a)(1)(i)(c) as appropriate.
4. Should Native American tribes or groups decline to participate as signatories to an MOA, they will not be provided documentation regarding treatment that is called for in this Agreement or in subsequent MOAs unless they expressly request such information. Native American tribes and groups will continue to receive information on the undertakings as part of the NEPA process and may request to consult on an undertaking, or request additional coordination with the Authority or the FRA.
5. Pursuant to 36 CFR 800.11(e) through (g), views of the public will be considered and included where appropriate in individual section MOAs.
6. Upon review, concurrence, and execution of the MOA, Section 106 will be considered concluded for that undertaking.
TREATMENT OF HISTORIC PROPERTIES. Individual properties that are eligible for, nominated for, or listed in the National Register, or properties determined to be eligible or contributing resources within a National Register-listed or eligible historic district will be treated as follows. The County shall be responsible for assuring compliance with the following stipulations.
A. REHABILITATION
1. Activities will be carried out following the recommended approaches in the Secretary of the Interior’s Standards for Rehabilitation.
a. Certified Staff shall review project scopes of work, plans, and specifications to confirm compliance with the Standards. Preliminary plans will be developed in consultation with the Certified Staff. Final plans and specifications will be submitted to the Certified Staff for review and approval prior to initiation of project activities.
b. Certified Staff shall retain documentation, including an approval letter, plans, work write-ups and photographs taken prior to project implementation and upon completion of the project, as evidence of the Certified Staff's application of the Standards.
c. The relevant County Program Staff shall also retain documentation, including Certified Staff's approval letter, work write-ups and photographs taken prior to project implementation and upon completion of the project.
d. The Certified Staff shall have 30 days from the date of its receipt of a complete submission to review and comment on the preliminary/final plans and specifications.
2. When the proposed rehabilitation does not conform to the Standards the Certified Staff shall consult with the SHPO and other consulting parties regarding alternatives to avoid, minimize, or mitigate the adverse effects. The Certified Staff shall notify the ACHP of the adverse effect finding and determine ACHP participation by providing the ACHP the following documentation:
a. A description of the undertaking, specifying the Federal involvement, and its area of potential effects, including photographs, maps, and drawings, as necessary.
b. A copy of Certified Staff's determination of eligibility.
c. A conditions assessment or structural engineer’s report.
d. An analysis of the undertaking and alternatives considered, including costs, and the proposed mitigation measures.
e. The Adverse Effect determination from Certified Staff; and copies of any relevant comments, recommendations or correspondence between County Program Staff and Certified Staff concerning the adverse effect.
f. Any comments received ...
TREATMENT OF HISTORIC PROPERTIES. A. Properties listed on the National Register, eligible for listing on the National Register, and/or which have been determined to meet the National Register criteria in accordance with Stipulation III shall be treated in accordance with Stipulations IV.B through IV.E and VI.
TREATMENT OF HISTORIC PROPERTIES. A. If historic properties are identified and deemed eligible for inclusion on the NHRP, the Corps will follow the procedures described in 36 CFR Part 800.5 through 800.7 to assess the project’s effects on them and to identify measures to avoid or reduce adverse effects.
B. Minnesota Steel Industries, LLC may not proceed with construction within a project location until notified in writing by the Corps that there are no unresolved concerns pertaining to the Corps’ assessment of effects on historic properties and measures required to avoid or reduce adverse effects within that project location. If areas have been identified within the project location where additional assessment or measures to avoid or minimize adverse effects are required or if there are unresolved concerns regarding the scope of the required measures to avoid or minimize adverse effects within those areas, the Corps’ notification shall specify the areas within the project location where construction may proceed and any remaining areas where additional evaluation of effects or measures to avoid or reduce adverse effects or resolution of concerns is required.
TREATMENT OF HISTORIC PROPERTIES. If the Preservation Professional determines that the property is a contributing structure which is either listed in the National Register or is eligible for listing in the National Register (or a lot within such a listed or eligible district), prior to the initiation of any work, the State Recipient shall request the Preservation Professional’s review of the proposed work. Within thirty (30) days from the receipt of a request from the State Recipient, the Preservation Professional shall review work write-ups or plans and specifications submitted for all proposed activities not listed as exempt in Stipulation II for their effects to historic properties as follows:
TREATMENT OF HISTORIC PROPERTIES. A. Treatment of Atlantic Steel Site (On-Site Properties)
1. Photographic Recordation Plan The EPA, in consultation with the SHPO, AHC, and AUDC develop and implement a photographic recordatidn for Atlantic Steel prior to demolition and site remediation activities. The plan shall include large-format photographic recordation that will be performed by a professional photographer experienced in performing Historic American Building Survey American Engineering Record photographic documentation National Service standards. The photographic recordation plan be developed by the EPA and submitted to the for review and approval, and to the AHC and AUDC staff for review and comment. AU reviewing parties shall provide written comments or acceptance of the photographic recordation plan within ten days after receipt. Demolition of any part of Atlantic Steel not begin until the recordation plan has been approved by the SHPO. It is anticipated that the recordation plan include a phased approach of photographic documentation to allow Atlantic Steel Industries, Inc. and Atlantis
L. L.C. to demolish certain buildings, while others are being recorded and documented. AU photographic products for a specific building or group of buildings be presented to the SHPO for review and approval prior to the demolition of such building or group of buildiigs. SHPO provide comments or acceptance of the photographs within five days receipt.
TREATMENT OF HISTORIC PROPERTIES. A. Rehabilitation and New Construction
1) The Preservation Professional shall review work write-ups or plans and specifications for all rehabilitation activities and new construction, which includes alterations and additions to historic properties and not listed as “Exempt” in Section II (Exempt Activities) above, to ensure that they are developed and adhere to the City’s Guidelines and Specifications. The City may proceed with all program rehabilitation projects and new construction activities that adhere to the City’s Guidelines and Specifications.
2) If the Preservation Professional determines that the proposed rehabilitation activities or new construction do not adhere to the City’s Guidelines and Specifications, the Preservation Professional shall recommend modifications to the work write-ups or plans and specifications to ensure that the project meets the City’s Guidelines and Specifications. These recommendations will be incorporated by The City in the project plans.
3) Should the City determine that the City’s Guidelines and Specifications cannot be met for the project, The City shall forward photographs, plans, specifications and/or work write-ups, as necessary, and an analysis of alternatives to the SHPO. The SHPO shall review the documentation provided by the City and, within thirty (30) calendar days:
a) recommend alternative modifications; or
b) agree to and accept the proposed project activities.
4) If the SHPO recommends alternative modifications that the City determines cannot be incorporated into the proposed project, the City and SHPO shall consult further as outlined in Section VIII (Resolution of Adverse Effects) to determine how to mitigate the effects of the undertaking on historic properties. If the City and SHPO cannot agree on mitigation, the City shall notify the Council and request its participation as set forth in the applicable provisions of the Council’s current regulations.
TREATMENT OF HISTORIC PROPERTIES. A. Section B (Rehabilitation – Option 1) of this Stipulation shall be followed when an Undertaking does NOT involve investment tax credits pursuant to Section 47 of the Internal Revenue Code (IRC) of 1986, as amended (“IRC”), when Part 2 certification under the IRC is denied, or when an Undertaking is not changed in accordance with any conditions attached to Part 2 certification under the IRC. Otherwise, Section C (Rehabilitation – Option 2 – IRC) of this Stipulation shall be followed.
B. Rehabilitation Option 1 The City shall ensure that scopes of work, plans and specification for Undertakings that may affect historic Properties and that are not exempt from review under this PA Agreement conform to the recommended approaches in the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring & Reconstructing Historic Buildings, 1995 (“Standards”) and to the greatest feasible extent, to the SHBC.
1. The City shall review appropriate project documents to determine conformance for the undertaking with the Standards and SHBC.
a. If the City determines that the Undertaking conforms to the Standards and the SHBC and if no other provisions of this PA Agreement require the City to take further steps with respect to the Undertaking, the City shall document the actions taken in the manner prescribed by Stipulation XIX.A and may authorize the Undertaking to proceed without further review.
b. If the City determines that the Undertaking does not conform to the Standards and SHBC, the Ccity shall recommend changes to ensure that the Undertaking conforms to the Standards and the SHBC. If the recommended changes are adopted, the City shall determine that the Undertaking conforms to the Standards and SHBC. If no other provision of the PA Agreement require the City to take further steps with respect to the Undertaking, the city shall document the actions taken in the manner prescribed by Stipulation XIX.A and may authorize the Undertaking to proceed without further review.
c. If the Undertaking is not changed to conform to the Standards and the SHBC, the City and the SHPO shall consult for a period of time not to exceed thirty (30) calendar days to develop a Standard Mitigation Measures Agreement (“SMMA”) in accordance with Stipulation IX unless the SHPO recommends that development of a SMMA is not appropriate. If a SMMA is developed and executed by the City and the SHPO, and if no other provision ...
TREATMENT OF HISTORIC PROPERTIES. The City programs administered under this agreement shall be reviewed by Certified Staff to determine whether a proposed undertaking has the potential to cause effects on historic resources. Individual properties that are determined eligible for or listed in the National Register or contributing properties in listed or eligible National Register historic districts, or newly identified historic properties or districts determined by Certified Staff to be eligible for the National Register shall be treated in the following manner.
A. REHABILITATION
1. Rehabilitation of historic properties shall be done in accordance with the recommended federal, state, and local rehabilitation standards, and per local historic district guidelines;
2. Pre-project documentation (e.g. work write-ups, bid documents, photographs, architectural plans) will be prepared by the appropriate Consultant or Applicant with responsibility for the project, in consultation with Certified Staff or with the other qualified Consultants approved by Certified Staff as appropriate;
3. Certified Staff shall review the rehabilitation plans and issue a Certificate of Appropriateness verifying that the project will have no effect or will have no adverse effect by virtue of its meeting the Standards. No work may begin on the project until such a Certificate of Appropriateness has been issued by the Certified Staff. All work shall conform to the proposal as approved, and to the conditions stated in the Certificate of Appropriateness; Rehabilitation accomplished in this manner shall have no adverse affect on historic properties and no further compliance with the ACHP’s procedures will be necessary.
4. The documentation of each project shall be retained by Certified Staff as part of the permanent project files and shall be reviewed by the SHPO upon request or as part of the annual report.
5. If the Standards cannot be met, or the proposed treatment of the property is not rehabilitation, or if the contemplated action could have an adverse effect on properties eligible for the National Register, then prior to taking any action the City shall consult with the SHPO and initiate the procedures set forth at 36 CFR 800.6.
