Common use of Finding of Adverse Effect Clause in Contracts

Finding of Adverse Effect. Prior to any finding of adverse effect, VAOT may consult with SHPO regarding application of the criteria of adverse effect in the Division's rules. For undertakings that may have an adverse effect on a listed or eligible State or National Register resource, VAOT shall consult with the SHPO, and prepare for the SHPO's concurrence a recommendation for mitigation measures that would avoid an undue adverse effect. The recommendation, with the SHPO's concurrence, shall be submitted to the District Commission and shall serve as the Division's comments on the project for Criterion 8 and other applicable criteria. If the SHPO does not concur, either in the assessment of undue adverse effect or in proposed mitigation measures, the SHPO may issue his or her own comments to the District Commission.

Finding of Adverse Effect. Prior to any finding of adverse effect, VAOT may consult with SHPO regarding application of the criteria of adverse effect in the Division's rules. For undertakings that may have an adverse effect on a listed or eligible State or National Register resource, VAOT shall consult with the SHPO, and prepare for the SHPO's concurrence a recommendation for mitigation measures that would avoid an undue adverse effect. The recommendation, with the SHPO's concurrence, shall be submitted to the District Commission and shall serve as the Division's comments on the project for Act 250’s Criterion 8 (historic sites) and other applicable criteria. If the SHPO does not concur, either in the assessment of undue adverse effect or in proposed mitigation measures, the SHPO may issue his or her own comments to the District Commission.