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

NYC 9/11 Public Portal Document ■*5’-

Friday 15 of Mar 2002, Mayor Office ->718 595 4544 Page 7 of 29

The signatorie.s of this agreement AiH fe\ ietv all non-emergency undertakings according to the following:

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

B. For Undertakings within the Impacted .Area. FE.MA will use .Append!.\ C to determine if the .APE contains any historic buildings or structures. For,Undertakings outside the Impacted .Area. FEM.A. will determine, in consultation with the SHPO. if the .APE contains properties that are listed in or eligible for the .National Register. For any Undertaking that will include ground-disturbing activities. FE.M.A will determine, in consultation with the SHPO. if there i.s a reasonable potential for archeological properties to be present w ithin the .APE.

C. If no historic properties are present, or if an Lltdertaking is designed to avoid affecting the character defining feature.s of all historic properties within the .APE. FE.MA will make a determination of "no historic properties affected" in accordance with 36 CFR §800.4(d)(1). FEM.A will notify the SHPO and all consulting partie.s of this determination and pro\ide supporting documentation. Unless the SHPO or any consulting party objects to this determination within 7 days after receipt. FEM.A 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 properlie.s affected’’ within 7 days afler receipt. FEM.A 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 Standard.s for the Treatment of Historic Properties (Standards), or any other applicable Secretary’s Standards. FEM.A will also consider any views provided Iw' consulting parties or the City of .New York Landmarks Preservation Commission related to such effects.

1. for standing structures only:

a. If FEM.A 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.?(b). FEM.A will notify the SHPO and all consulting parties of this determination and prox’ide 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. FEM.A will haw completed the Section 106 re\ iew and may approve funding.

b. If the SHPO objects to tlie ‘‘no adxerse effect’’ determination. FEMA will request through SEMO that the applicant revise the scope of work to

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