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

NYC 9/11 Public Portal Document -■

Friday 15 of Mar 2002, Mayor Office ->718 595 4544 Page 9 of 29 V

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properties. FEM.A xvill attempt to identify all such feasible measures in consultation xvith the SHPO and other consulting parties.

Secondary Programmatic Agreement; FEMA. the SHPO, SFMO. the Council, if participating, and other consulting parties may consult to develop a Secondary .Agreement to require programmatic conditions and or treatment measure.s for multiple, but similar Undertakings by an applicant.

B. When an Undertaking xxill adx ersely affect an archeological property. FEM.A may treat the adx’erse efTect by providing for.^the recovery of significant information through archaeological data recovery or other scientific means, ’fo accomplish this objective, FEM.A will folloxv the Secretarx’s Guidelines for Archeological Dooiiiiemaiion and consult xx’ith the other consulting parties to prepare a data recoverx’ plan. For sites xxhere FEM.A determine.s extraordinary circumstances exist or xvken other treatment measures are appropriate. FE.M.A xvill consult further xvith the other consulting parties to develop an appropriate approach to resolving the adx erse effects.

C. FEMA will also iiuob e the public in the resolution of acberse effects in accordance with 36 CFR §800.6(a)(4).

D. When an Cndeilaking will adversely affect a National Historic landmark (NHL), FEMA also will invite the Secretary of the Interior (Secretary) to participate in consultation. When the Council participates in consultation related to an NHL. the Council will report the outcome of the consultation to the Secretarx' and the FEMA Director.

VIL CHANGES TO AN APPROVED SCOPE OF WORK

SEMO will notify FEM.A as soon as practicable of any proposed change to the approved scope of work for an Undertaking whose rexiew was previously concluded pursuant to the .Agreement. FEM.A will then consult with the SHPO to determine if the change will have an effect on the property in a manner not prexiously considered. FEM.A may authorize the applicant to proceed with the change if it meets an .Allowance or if for a standing structure, the change can be modified to conform to the Standards, any other applicable Secretary’s Standards; or if. for an archeological property, a previously unidentified archeological site can be ax oided. If FEM.A determines that the change does not meet an Alloxvance, or if FEM.A and the SHPO determine that the change cannot be modified to conform to the Standards, or any other applicable Secretary’s Standards. FEMA xvill initiate adverse eflect consultation pursuant to Stipulation VI.

VHI. UNEXPECTED DISCOVERIES

.A. SEMO xvill notify FEM.A as soon as practicable if it appears that an Undertaking xvill affect a previously unidentified property that may be historic, or affect a knoxxn historic property in an unanticipated manner. SE.MO will require the applicant to stop construction activities in the xicinity of the discovery and take all reasonable measures to axoid or minimize harm to the propertv until FEM.A concludes consultation xvith the SHPO.

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