Common use of Finding of No Adverse Effect Clause in Contracts

Finding of No Adverse Effect. For any Minor Transportation Project that includes, within the APE, National Register listed or eligible properties, Qualified Staff will apply the criteria of adverse effect set forth in 36 CFR § 800.5(a) to determine the effects of the undertaking on historic properties. i. CTDOT shall identify and engage parties for consultation as appropriate. If the effects are determined to not be adverse, or if the Minor Transportation Project is modified and/or certain conditions are met such that adverse effects are avoided, Qualified Staff shall make a finding of no adverse effect. ii. In instances where a Minor Transportation Project is modified to avoid adverse effects, CTDOT shall submit the modifications and/or conditions to CTSHPO for its review and concurrence prior to making a finding of no adverse effect. If CTSHPO does not respond within thirty (30) days, its concurrence will be assumed. iii. CTDOT shall make documentation concerning a finding of no adverse effect available for public inspection (subject to confidentiality provisions) prior to approving the undertaking. Contact information and instructions for public inspection of documentation shall be posted on CTDOT’s website. No further review under Section 106 is required for a finding of no adverse effect unless the scope of work or limits change, thus requiring additional review.