Mayor's Office memo re: DEP meeting, Mar 2002

NYC 9/11 Public Portal Document Friday 15 of Mar 2002, Mayor Office ->718 595 4544 Page 7 of 29

The signatories of this agreement will review all non-emergency undertakings according to the following:

A. Area of Potential Effects (APE): For all project review of standing buildings or structures, the APE will be the individual facility (as defined in 44 CFR §206.201(c)) when an Undertaking is limited to the repair or rehabilitation of the facility's interior or exterior. FEMA will establish the APE in consultation with the SHPO for all other Undertakings including those that may affect archeological properties.

B. For Undertakings within the Impacted Area, FEMA will use Appendix C to determine if the APE contains any historic buildings or structures. For Undertakings outside the Impacted Area, FEMA determine, in consultation with the SHPO, if the APE will

contains properties that are listed in or eligible for the National Register. For any Undertaking that will include ground-disturbing activities, FEMA will determine, in consultation with the SHPO, if there is a reasonable potential for archeological properties to be present within the APE.

C. If no historic properties are present, or if an Undertaking is designed to avoid affecting the character defining features of all historic properties within the APE, FEMA will make a determination of "no historic properties affected" in accordance with 36 CFR §800.4(d)(1). FEMA will notify the SHPO and all consulting parties of this determination and provide supporting documentation. Unless the SHPO or any consulting party objects to this determination within 7 days after receipt. FEMA will complete the Section 106 review for the Undertaking and may approve funding.

D. If an Undertaking may affect identified historic properties, or if the SHPO objects to the determination of "no historic properties affected" within 7 days after receipt, FEMA will consult with the SHPO to apply the criteria of adverse effect, pursuant to 36 CFR §800.5(a)(1), or determine if the Undertaking meets the Secretary's Standards for the Treatment of Historic Properties (Standards), or any other applicable Secretary's Standards. FEMA will also consider any views provided by consulting parties or the City of New York Landmarks Preservation Commission related to such effects.

1. For standing structures only:

If FEMA and the SHPO agree that an Undertaking does not meet the adverse effect criteria or that it meets the Standards, FEMA will make a determination of "no adverse effect" pursuant to 36 CFR §800.5(b). FEMA will notify the SHPO and all consulting parties of this determination and provide supporting documentation pursuant to 36 CFR §800.5(c). Unless the SHPO or any consulting party objects within 7 days after receipt of the notification, FEMA will have completed the Section 106 review and may approve funding.

b. If the SHPO objects to the "no adverse effect" determination. FEMA will request through SEMO that the applicant revise the scope of work to

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