Fax forwarding DEP briefing materials for Mayor's meeting, March 2002

NYC 9/11 Public Portal Document ■i/'- "

Friday < 15 of Mar 2002, Mayor Office ->718 595 4544 Page 10 of 29

B. FE.M.A will notify the SHPOfef the discoxery at the-earl fe^t possible tinte and consult to dexelop actions to take into account the effects of the Undertaking. FEM.A xvill notify the SHPO of any time constraints, and al! parlies will mutually agree upon timeframes for this consultation. SE.MO and the applicant may participate in thi.s consultation. FEM.A will provide the SHPO with xvritten recommendations to take into account the effects of the Undertaking.

C. If the SHPO does not object to FFM.A'.s recommendations within the agreed upon timeframe. FEM.A will require the applicant to modify the scope of work to implement the recommendations. If the SHPO objects to the recommendations. FE.MA and the SHPO will consult further to resob.e this objection through actions including, but not limited to. identifying project alternatives that may result in the Undertaking having no adverse effect on historic properties, or proceeding in accordance with Stipulation \'I.

D. If human remains are discovered, FEM.A SEMO will iiotity the project supervisor, manager m charge of construction at the sue and request that work stop immediately, and determine the appropriate disposition of the remains in accordance with NY State and City law.

IX. DISPUTE RESOLUTION

A. Should the SHPO. SEMO. ihe Council, or a consulting party object w ithin the timeframe provided by this .Agreement to an>' plans, specifications, or actions provided for review pursuant to this Agreement. FEM.A will consult further with the objecting party to seek resolution. If FEMA objects within any such timeframe to any such plans, specifications. or actions. FEM.A will consult further with the other parties to seek resolution. If FEM.A determines within 14 days of receipt of an objection that the objection cannot be resolved. FEM.A will forward to the Council al! documentation relevant to the dispute. including FEM.A’s proposed resolution to the objection.

B. Any recommendation or comment proxided by the Council will pertain only to the subject of the dispute, 'fhe responsibility of the signatorie.s to implement all actions pursuant to thi.s .Agreement that are not subject to the dispute will remain unchanged.

X. ANTICIPATORY ACTIOXS

A. FEMA will not grant assistance to an applicant who. with intent to avoid the requirements of this .Agreement or Section 106. ha.s intentionally significantly adversely affected a historic property to which the assistance would relate, or having legal power to prevent it. allowed such significant adverse effect to occur. However, after consulting with the SHPO and Council. FE.MA may determine that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant, and will complete consultation for the Undertaking pursuant to Stipulation \1.

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