Common use of Finding of No Adverse Effect Clause in Contracts

Finding of No Adverse Effect. If the HPT Staff determines there will be no adverse effect to historic properties, the HPT Staff will make a finding of No Adverse Effect. The HPT Staff is encouraged to discuss this recommendation with any landowners, if the affected properties are on their lands, before formal consultation. The HPT Staff or a consultant drafts a letter on the finding of No Adverse Effect, and the HPT Staff submits the letter and any supporting documentation to the HPT Team Lead for review. After the HPT Team Lead reviews and approves the draft letter, the HPT Staff or a consultant prepares the final letters for mailing and the HPT Team Lead signs them and returns them to the HPT Staff for final processing and transmittal to the consulting parties. • Often the NAE letters have avoidance areas, please ensure that the avoidance areas have been agreed to in writing by both the PM and the RE prior to sending the consultation letter. The EP should assist the HPT with getting those assurances – and those avoidance areas MUST BE included in environmental commitments for the project as well as the bid documents. Additionally, the HPT must add that project to the S106 project tracking spreadsheet. • The SHPO typically responds within 15 calendar days with their concurrence or comments to ADOT. All other consulting parties will have 35 days to respond.