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2023-263
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Last modified
2/5/2024 9:24:59 AM
Creation date
1/4/2024 11:53:52 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/12/2023
Control Number
2023-263
Agenda Item Number
8.K.
Entity Name
State of Florida Division of Emergency Management
Subject
Hazard Mitigation Agreement D1495 for Dune Restoration within Beach Management Sector 4
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(1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for <br />inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 <br />CFR, Section 800.8) by the proposed activity; and <br />(2) Complying with all requirements established by the State to avoid or mitigate adverse <br />effects upon such properties. <br />(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal <br />Emergency Management Agency, the Florida State Historic Preservation Office, the Florida <br />Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" <br />which addresses roles and responsibilities of Federal and State entities in implementing Section <br />106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(£), and implementing <br />regulations in 36 CFR, Part 800. <br />(4) When any of the Recipient's projects funded under this Agreement may affect a historic property, <br />as defined in 36 CFR, Part 800.16 (1)(1), the Federal Emergency Management Agency (FEMA) <br />may require the Recipient to review the eligible scope of work in consultation with the State <br />Historic Preservation Office (SHPO) and suggest methods of repair or construction that will <br />conform with the recommended approaches set out in the Secretary of Interior's Standards for <br />Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary <br />of the Interior's Guidelines for Archeological Documentation (Guidelines) ( 48 Federal Register <br />44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the <br />eligible scope of work will not conform with the Standards, the Recipient agrees to participate in <br />consultations to develop, and after execution by all parties, to abide by, a written agreement that <br />establishes mitigation and recondition measures, including but not limited to, impacts to <br />archeological sites, and the salvage, storage, and reuse of any significant architectural features <br />that may otherwise be demolished. <br />(5) The Recipient agrees to notify FEMA and the Division if any project funded under this Agreement <br />will involve ground disturbing activities, including, but not limited to: subsurface disturbance; <br />removal of trees; excavation of footings and foundations, and installation of utilities (such as water, <br />sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are <br />restricted solely to areas previously disturbed by the installation, replacement or maintenance of <br />such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties <br />may be present and be affected by such activities. The SHPO will advise the Recipient on any <br />feasible steps to be accomplished to avoid any National Register eligible archeological property or <br />will make recommendations for the development of a treatment plan for the recovery or <br />archeological data from the property. <br />If the Recipient is unable to avoid the archeological property, develop, in consultation with SHPO, <br />a treatment plan consistent with the Guidelines and take into account the Advisory Council on <br />Historic Preservation (Council) publication "Treatment of Archeological Properties". The Recipient <br />shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for <br />review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the <br />treatment plan, FEMA may direct the 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) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the <br />approved scope of work for a National Register eligible or listed property; (b) of all changes to a <br />project that may result in a supplemental DSR or modify a HMGP project for a National Register <br />eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a <br />previously unidentified property that may be eligible for inclusion in the National Register or affect <br />23 <br />
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