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1999-020
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1999-020
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El <br />40 <br />D <br />O <br />Standards, Recipient agrees to participate in consultations to develop, and, after execution by <br />all parties, to abide by, a written agreement that establishes mitigation and recordation <br />measures, including but not limited to, impacts to archeological sites, and the salvage, storage, <br />and reuse of any significant architectural features that may otherwise be demolished. <br />(5) Recipient agrees to notify FEMA and the Department if any project funded under this <br />Agreement will involve ground disturbing activities, including, but not limited to: subsurface <br />disturbance; removal of trees; excavation for footings and foundations; and installation of <br />utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except <br />where these activities are restricted solely to areas previously disturbed by the installation, <br />replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the <br />potential that archeological properties may be present and be affected by such activities. The <br />SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National <br />Register eligible archeological property or will make recommendations for the development of <br />a treatment plan for the recovery of archeological data from the property. If Recipient is unable <br />to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan <br />consistent with the Guidelines and take into account the Advisory Council on Historic <br />Preservation (Council) publication "Treatment of Archeological Properties." Recipient shall <br />forward information regarding the treatment plan to FEMA, the SHPO and the Council for <br />review. If the SHPO and the Council do no object within 15 calendar days of receipt of the <br />treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the <br />Council or the SHPO object, Recipient shall not proceed with the project until the objection is <br />resolved. <br />(6) Recipient shall notify the Depart*nent and FENit'. as soon as practicable: (a) of any <br />changes in the approved scope of work for a National Register eligible or listed property; (b) of <br />all changes to a project that may result in a supplemental DSR or modify an HMGP project for <br />a National Register eligible or listed property; (c) if it appears that a project funded under this <br />Agreement will affect a previously unidentified property that may be eligible for inclusion in <br />the National Register or affect a known historic property in an unanticipated manner. Recipient <br />acknowledges that FEMA may require Recipient to stop construction in the vicinity of the <br />discovery of a previously unidentified property that may be eligible for inr_.lusion in the <br />National Register or upon learning that construction may affect a known historic property in an <br />unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to <br />take all reasonable measures to avoid or minimize harm to such property until FEDI A <br />concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, <br />and Recipient shall comply with, modifications to the project scope of work necessary to <br />implement recommendations to address the project and the property. <br />(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not <br />receive f mn ling for projects when, with intent to avoid the requirements of the PA or the <br />NHPA, Recipient intentionally and significantly adversely affects a historic property, or having <br />the legal power to prevent it, allowed such significant adverse affect to occur. <br />12 <br />
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