Common use of CONSULTATION PROTOCOL Clause in Contracts

CONSULTATION PROTOCOL. A. Streamlined Review Process for Undertakings Not Affecting Historic Properties. VDOT may employ the process described below for FHWA undertakings that do not affect historic properties involving Categorical Exclusion, Programmatic Categorical Exclusion, or Blanket Categorical Exclusion documentation prepared pursuant to the National Environmental Policy Act (NEPA) and for all undertakings for which USACE or TVA is the lead Federal Agency, subject to the restrictions in Stipulation II.A.5. 1. VDOT shall determine the scope of the undertaking and its area of potential effects (APE), as defined in 36 CFR 800.16(d), with explicit attention to the APE for direct, as well as indirect, alterations to the character or use of historic properties. 2. VDOT shall be responsible for determining the scope of identification efforts and for completing the identification of historic properties within the APE in accordance with 36 CFR 800.4(a) 800.4(b), 800.4(c), the SHPO’s Guidelines for Conducting Historic Resources Survey in Virginia (revised 2011, or subsequent revisions thereto), the Secretary of the Interior’s Standards and Guidelines (Federal Register 48:44716-44742), and 36 CFR 63. 3. VDOT shall be responsible for determining if no historic properties are present or affected by the undertaking. a. If formal field surveys are necessary to make a determination of effect, VDOT shall report the results of its identification efforts to the SHPO in a report or Management Summary, as appropriate, as defined in Stipulation IV (Attachment A) of this Agreement. b. If no formal field surveys are necessary to make a determination of effect, or if VDOT does not identify buildings, structures, districts, objects, or sites 50 years of age or greater, or properties less than 50 years of age but of potential exceptional significance (36 CFR 60.4, Criteria Consideration G) within the undertaking’s APE, VDOT may make a determination of No Historic Properties Affected without waiting for the SHPO to respond to a Management Summary. c. If VDOT conducts a formal field survey and identifies buildings, structures, districts, objects, or sites 50 years of age or greater, or properties less than 50 years of age but of potential exceptional significance (36 CFR 60.4, Criteria Consideration G) within the undertaking’s APE, and a resource’s eligibility for listing on the NRHP must be known in order for VDOT to make a determination of effect, VDOT shall consult with the SHPO to determine the historic significance of the resource in accordance with 36 CFR 800.4(c) prior to determining whether the undertaking will affect historic properties. 4. VDOT shall provide to the SHPO on a monthly basis a report of undertakings determined by VDOT to have no historic properties present or affected, as defined in Stipulation IV (Attachment A.2) of this Agreement. VDOT may proceed to implement the undertakings without any further Section 106 consultation. a. If the SHPO objects to any finding included in the monthly report it shall inform VDOT in writing of its objection within fifteen (15) calendar days of receipt of the report. All work on the undertaking in question shall cease while consultation between VDOT and the SHPO on that project occurs to resolve the objection. If VDOT is unable to resolve the objection, the objection will be referred to the lead Federal Agency that will follow the requirements of 36 CFR 800.5(c)(2). b. VDOT shall report the determinations from the monthly report to the appropriate Federal Agencies with explicit reference that the findings have been made pursuant to Stipulation II.A of this Agreement. c. VDOT shall make the monthly report available for inspection on its public web site. d. VDOT, in consultation with the SHPO, FHWA, USACE and TVA, shall review the results of Stipulation II.A.4 on an annual basis to ensure its proper implementation. 5. VDOT shall not employ the streamlined process defined in Stipulation II.A for undertakings involving any of the factors listed below. a. An Environmental Assessment or Environmental Impact Statement is required by FHWA; b. National Historic Landmarks (NHLs); c. Historic Preservation Easements held by the Commonwealth of Virginia’s Board of Historic Resources; d. Known or anticipated concerns from local governments, consulting parties, or potential consulting parties (36 CFR 800.2(c)(5)) about the effect of the undertaking on historic properties; or e. If the SHPO or ACHP request that VDOT submit the finding for review. B. Standard Review Process. 1. Initiation of the Section 106 Process a. VDOT shall initiate Section 106 consultation in accordance with the requirements of 36 CFR 800.3 as early as reasonably possible in project development, typically concurrent with project scoping activities carried out for compliance with the provisions of NEPA.