Transmittal 257 September 7, 1972 Appendix A (Refer to Paragraph 5d) PROCEDURES FOR HISTORIC FRESERVATION processing of the undertaking pending the receipt of comments from the Advisory Council. 1. The provisions of 16 U.S.C. 470(0) require that all proposed highway sections that are federally assisted be developed with consideration to effected districts, sites, buildings, structures, or objects that are included in the National Register for Historic Preservation. This authority derives from Section 106 of the National Historic Preservation Act. Procedures for compliance have been implemented by the Advisory Council on Historic Preservation, and the National Park Service, Department of the Interior, as follows: (4) Provide written notice affording the Advisory Council an opportunity to comment upon doubtful or unresolved situations of adverse effect and upon request submit a report of the undertaking. 2, If there is a finding of adverse effect, the proposed highway section is to be processed in accordance with these procedures and the Office of Environmental Policy should be notified and kept informed of further developments. If it becomes necessary to provide a written notice affording the Advisory Council on Historic Preservation an opportunity to comment in doubtful or unresolved situations of adverse effect, the Office of Environmental Policy will act as the coordinating element for the FHWA. (2) Apply the "Criteria for Effect. If there is no effect, the undertaking may proceed. (See paragraph 3 of this appendix.) This determination of effect should be made by the HA in consultation with the division engineer, the State Liaison Office and a representative of the Office of Archeology and Historic Preservation. If there is documented agreement that a project will not have an effect on the National Register Historic Site, no further review is required under the National Historic Preservation Act. a. A federally financed or licensed undertaking shall be considered to have an effect on a National Register listing (districts, sites, buildings, structures, and objects, including their settings) when any condition of the undertaking creates a change in the quality of the historical, architectural, archeological, or cultural character that qualified the property under the National Register criteria for listing in the National Register. b. Generally, adverse effect occurs under conditions which include but are not limited to: (1) Destruction or alteration of all or part of a property; (2) Isolation from or alteration of its surrounding environment; (3) If there is an effect, the HA in consultation with the FHWA division engineer, State Liaison Officer 1 / and a representative of the Office of Archeology and Historic Preservation of the National Park Service shall; (3) Introduction of visual, audible, or atmospheric elements that are out of character with the property and its setting (i, e, introduction of a new highway or a higher type functional highway, such as a freeway for an arterial, into the environment of a historic site). (a) Determine if the effect is adverse--if not, the undertaking may proceed; (b) Upon finding an adverse effect select and agree upon a prudent and feasible alternative to remove the adverse effect, in which case the undertaking may proceed; (c) Failing to find and agree upon an alternative, recommend all possible planning to minimize the adverse effect and delay further 1/ State Liaison Officers are appointed by the Governors to be responsible for State activities under the National Historic Preservation Act. Appendix B (Refer to September 7, 1972 EXAMPLE OF DESIGN CONCURRENCE LETTER Mr. John Doe Dear Mr. Doe: The initial phases (PE - ROW) for the proposed improvement of State For your convenience we have included below a space for your concurrence in our determination. APPENDIX C LOCATION STAGE FLOW CHART September 7, 1972 IF NO MEANING REQUESTED IF HEARING REQUESTED NEGATIVE DECLARATION PREPARED 1. EVALUATE COMMENTS THON PUOLIC MEARING (it held 2. MOUTE LOCATION SELECTED FHWA APPROVAL REQUESTED 1 INITIAL COORDINATION AS REQUIRED BY PARAGRAPH 5 OR POW 206 1. ADVERTISE HEARING 2 NEGATIVE DECLARATION INCLUOED WITH OTHER LOCATION PUBLIC MEARING MELD 1. ADVERTISE HEARING OPPORTUNITY Appendix C 1. ADVERTISE MEANING LOCATION PUBLIC WEARING HELD 1. ADVERTISE MEANING OORTUNITY FWWA DIVISION ENGINEER ENVIRONMENTAL IMPACT FOUNO FMWA APPROVES THE IF NO PUBLIC HEARING REQUIRED 1. ALTERNATE LOCATIONS STUDIED 2 ENVIRONMENTAL IMPACT EVALUATED ENVIRONMENTAL IMPACT 2 CIRCULATE DRAFT FOR COMMENT (A 95 AND IF NO HEARING 1. FWWA ANO TEU CONCUR IN FINAL STATEMENT MADE AVAILABLE TO 1. SUMMARIZE AND EVALUATE COMMENTS FROM AGENCIES AND PUBLIC HEARING til hold) STATEMENT PREPARED DRAFT ENVIRONMENTAL IF HEARING REQUESTED 3. FHWA LOCATION APPROVAL REQUESTED muy be made when FHWA V to be continued throughout location may with the propriate ancies 2 CIRCULATE DRAFT FOR COMMENT IA 9S and FINAL STATEMENT 2/ FHWA September 7, 1972 1/ MINIMUM 30 DAYS 1/ MINIMUM 80 DAYS 1/ Does not apply to negative declarations Transmittal 257 September 7, 1972 Appendix E (Refer to Paragraphs 6b and 6i) ENVIRONMENTAL STATEMENTS CONTENTS AND FORMAT 1. Environmental statements and combination environmental/Section 4(f) statements (draft and final) shall have a title page similar to the examples attached to this Appendix and numbered by the method shown. to anticipated increase in urbanization or the probable impact of displacing people (if these are significant elements of the highway proposal). Efforts to minimize impact should also. be discussed in broad items. For example, measures necessary to insure proper rehousing should be discussed and other differences of the alternatives. The significant environmental impacts of alternative locations and, as appropriate, designs, including a "do nothing'' alternative is a proper subject for discussion under "Alternatives" paragraph 2d of this Appendix. (2) Impacts upon the narrow band (i, e., about 1000 feet) adjacent, to the highway may be included when significant to the whole of the region or community. However, the discussions under this section should address the probable significant impacts of the highway proposal (as opposed to individual alternative locations or designs) which might include the probable impact upon such elements, factors, and features listed in paragraph 3 of Appendix F. a. A description of the proposed highway improvement and its surroundings. The description should include the following type information: type of facility; length; termini; traffic data; right-of-way width (including existing ROW); lengths on existing and new location; major design features such as number of lanes, access control, location of bridges and interchanges, etc.; a general description of the surrounding terrain, existing land use and proposed land use (a map preferable), and other existing environmental features; existing highway facilities including their deficiencies; the need for the proposal; the benefits to the State, region, and community; an estimate of when the proposal will be constructed; and the current status of the proposal with a brief historical resume. Inventory of economic factors such as employment, taxes, property values, etc., should be included as appropriate. The description should also include any involvement with Section 4(f) land (Paragraph 3 of this Appendix). A vicintiy map(s) shall be furnished which will show the proposed highway section and its relationship to surrounding natural and cultural features such as towns, lakes, streams, mountains, historic sites, landmarks, institutions, developed areas, principal roads and highways and similar features that are pertinent to a highway study. Detailed maps, sketches, pictures, and other visual exhibits should be used to show specific environmental involvements as necessary. Maps and layouts of the proposed highway/Section 4(f) land involvement should be sufficiently detailed to give a layman reviewer a reasonable understanding of the highway impact and proposed measures to minimize harm. b. The probable impact of the proposed development or improvement. The evaluation and discussion should specifically emphasize significant beneficial and detrimental environmental consequences upon the State or region or community, as appropriate, of building a new highway into or through an area, or modernizing the existing highway by upgrading and/or relocation. Any probable adverse environmental effects which cannot be avoided should the proposal be implemented such as water or air pollution, effect upon Section 4(f) land, damage to life systems, urban congestion, threats to health or other consequences adverse to the environment identified under paragraph 2b of this Appendix. Adverse effects should include those which cannot be reduced in severity and those which can be reduced (but not eliminated) to an acceptable level unless the reduction is a result of a different location in which case it should be included in the discussion of alternatives (paragraph 2d of this Appendix). d. Alternatives: The locations and/or designs studied in detail by the HA are to be described (narratively and with maps and other visual aids, as necessary) and the probable beneficial and/or adverse effects of each alternate (including a do-nothing alternative) identified to the extent practicable consistent with the scale of the proposed highway improvement and significance of the impact. The exploration of alternatives should include an objective evaluation and analysis of estimated costs (social and transportation), engineering factors, transportation requirements, and environmental consequences. The description of alternatives will include information, as appropriate, similar to that suggested in paragraph 2a of this Appendix. The discussion of environmental impacts will include more detailed impacts for each alternative that the broad environmental consequences for the corridor identified in paragraphs 2 b and 2c of this Appendix. The draft environmental statement should indicate that all alternatives are under consideration and that a specific alternative will be (1) This section, for instance, would discuss and evaluate the broad impacts on the area or region such as the problems relating |