revised (sept. 2015) draft programmatic agreement · 1 revised (sept. 2015) draft programmatic...

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1 Revised (Sept. 2015) Draft Programmatic Agreement 1 2 PROGRAMMATIC AGREEMENT 3 AMONG THE U.S. ARMY CORPS OF ENGINEERS-BUFFALO DISTRICT, 4 OHIO STATE HISTORIC PRESERVATION OFFICER, WYANDOTTE NATION, 5 MAUMEE WATERSHED CONSERVANCY DISTRICT, HANCOCK COUNTY AND 6 CITY OF FINDLAY 7 REGARDING THE FLOOD RISK MANAGEMENT PROJECT IN FINDLAY, OHIO 8 9 10 11 WHEREAS, the U.S. Army Corps of Engineers-Buffalo District (Corps) is conducting a feasibility 12 study of flood risk management measures for the City of Findlay, Hancock County and 13 14 WHEREAS, the Corps is considering the following flood risk management measures for Findlay, 15 Ohio: A diversion channel (Attachment 1) ___________ . 16 17 WHEREAS, all required cultural resources investigations, identification, evaluation, determination 18 of effects, and consultation for compliance with Section 106 of the National Historic Preservation 19 Act of 1966, as amended, cannot be completed by the Corps or its agent prior to starting the design 20 stage of the Findlay Flood Risk Management Project (Project); and 21 22 WHEREAS, the Corps has established the Project's an Area of Potential Effects (APE) 23 (Attachment 2) for the Project , as required by 36 CFR § 800.4(a)(l) and defined in section 800.1 24 6(d), as consisting of both an area of direct impacts and an area of visual impacts ______ (includes 25 associated construction work areas, construction staging areas, borrow areas, and disposal areas, as 26 well as associated stream/wetland mitigation areas __________ ); and 27 28 WHEREAS, the Corps has determined that the Project may have effects on historic properties 29 within the APE and has consulted with the Advisory Council on Historic Preservation (Advisory 30 Council ACHP ) pursuant to section 800.2(b) of the regulations (36 CFR Part 800) implementing 31 Section 106 of the National Historic Preservation Act (1 6 U .S.C. § 470f), and the Advisory 32 Council HP has declined to participate in the Programmatic Agreement (PA) for this Project; and 33 34 WHEREAS, the Maumee Conservancy District (likely Non-Federal Sponsor for Project 35 construction), Hancock County, ( as the N n on-Federal S s ponsor for the Project Feasibility Study 36 (Sponsor ) and the City of Findlay, Ohio have participated in consultation on the Project’s flood risk 37 management measures and have been invited to concur in this Programmatic Agreement as 38 consulting parties; and 39 40 WHEREAS, a number of other ___________ _____ are also interested parties and have been invited 41 to participate in consultation on the Project's flood risk management measures and to concur in this 42 Programmatic Agreement as consulting parties (Attachment 3) ; and 43 44 WHEREAS, the Corps initially contacted the Absentee-Shawnee Tribe of Indians, Eastern 45 Shawnee Tribe of Oklahoma, Little River Band of Ottawa Indians, Little Traverse Bay Band of 46

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Revised (Sept. 2015) Draft Programmatic Agreement 1 2

PROGRAMMATIC AGREEMENT 3 AMONG THE U.S. ARMY CORPS OF ENGINEERS-BUFFALO DISTRICT, 4

OHIO STATE HISTORIC PRESERVATION OFFICER, WYANDOTTE NATION, 5 MAUMEE WATERSHED CONSERVANCY DISTRICT, HANCOCK COUNTY AND 6

CITY OF FINDLAY 7 REGARDING THE FLOOD RISK MANAGEMENT PROJECT IN FINDLAY, OHIO 8

9 10 11 WHEREAS, the U.S. Army Corps of Engineers-Buffalo District (Corps) is conducting a feasibility 12 study of flood risk management measures for the City of Findlay, Hancock County and 13 14 WHEREAS, the Corps is considering the following flood risk management measures for Findlay, 15 Ohio: A diversion channel (Attachment 1) ___________. 16 17 WHEREAS, all required cultural resources investigations, identification, evaluation, determination 18 of effects, and consultation for compliance with Section 106 of the National Historic Preservation 19 Act of 1966, as amended, cannot be completed by the Corps or its agent prior to starting the design 20 stage of the Findlay Flood Risk Management Project (Project); and 21 22 WHEREAS, the Corps has established the Project's an Area of Potential Effects (APE) 23 (Attachment 2) for the Project, as required by 36 CFR § 800.4(a)(l) and defined in section 800.1 24 6(d), as consisting of both an area of direct impacts and an area of visual impacts ______ (includes 25 associated construction work areas, construction staging areas, borrow areas, and disposal areas, as 26 well as associated stream/wetland mitigation areas__________); and 27 28 WHEREAS, the Corps has determined that the Project may have effects on historic properties 29 within the APE and has consulted with the Advisory Council on Historic Preservation (Advisory 30 CouncilACHP) pursuant to section 800.2(b) of the regulations (36 CFR Part 800) implementing 31 Section 106 of the National Historic Preservation Act (1 6 U .S.C. § 470f), and the Advisory 32 CouncilHP has declined to participate in the Programmatic Agreement (PA) for this Project; and 33 34 WHEREAS, the Maumee Conservancy District (likely Non-Federal Sponsor for Project 35 construction), Hancock County, (as the Nnon-Federal Ssponsor for the Project Feasibility Study 36 (Sponsor) and the City of Findlay, Ohio have participated in consultation on the Project’s flood risk 37 management measures and have been invited to concur in this Programmatic Agreement as 38 consulting parties; and 39 40 WHEREAS, a number of other________________ are also interested parties and have been invited 41 to participate in consultation on the Project's flood risk management measures and to concur in this 42 Programmatic Agreement as consulting parties (Attachment 3); and 43 44 WHEREAS, the Corps initially contacted the Absentee-Shawnee Tribe of Indians, Eastern 45 Shawnee Tribe of Oklahoma, Little River Band of Ottawa Indians, Little Traverse Bay Band of 46

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Odawa Indians, Miami Tribe of Oklahoma, Ottawa Tribe of Oklahoma, Shawnee Tribe, and 1 Wyandotte Nation by letter dated December 3, 2012, to determine these tribes' interest in the 2 Project, particularly regarding potential Project effects on properties important to their history, 3 culture, or religion, including traditional cultural properties, and the Corps will consult with any of 4 these tribes interested in this Project; 5 6 WHEREAS, on December 11, 2012, the Wyandotte Nation has requested to be a consulting party 7 on this Project; and 8 9 WHEREAS, opinions and comments on the Project and its alternative measures and alignments 10 have been and will be solicited through the study’s scoping process, public meetings, and official 11 review periods on the Environmental Impact Statement, in compliance with the National 12 Environmental Policy Act (NEPA). 13 14 NOW THEREFORE, the Corps, Ohio State Historic Preservation Officer (SHPO) and consulting 15 parties agree that upon filing this Programmatic Agreement (PA) with the Advisory Council on 16 Historic Preservation, the Corps will implement the following stipulations in order to comply with 17 Section 106 of the National Historic Preservation Act (NHPA), as amended, with respect to the 18 Project. 19 20 STIPULATIONS 21 The Corps will ensure that the following measures are carried out prior to the start of construction 22 (Attachment 4) on Project flood risk management features at the Findlay: 23 24 25 I. Identification of Area of Potential Effect (APE) and Consulting Parties 26 27 Architectural and archaeological work in the Blanchard River Watershed undertaken early in the 28 study, along with feedback received during the study process, was used to establish an initial Area 29 of Potential Effects (APE). As of September 2015 two types of impacts have been identified: a 30 direct area of impact from earth moving activities; and visual impacts through the introduction of 31 visual elements. To ensure that the APE for the direct area of impact encompassed as fully as 32 possible areas of proposed construction activity and disposal/mitigation, a 200-foot buffer has been 33 initially established. To establish the APE for potential visual impacts simulations were run to 34 determine how far a flag could be seen in agricultural settings with large expanses of flat land. 35 Unless field conditions indicate otherwise a 1500-foot buffer has been initially established. Using 36 these parameters an initial/working APE has been established for the West Diversion Channel for 37 both direct and indirect impacts (Attachment 2). 38 39 In recognition that the project footprint has changed and is likely to be further refined, along with 40 engineering specifics, through the Preconstruction Engineering and Design (PED) Phase the 41 following will occur to identify consulting parties and to establish and/or adjust the APE prior to 42 any architectural and archaeological studies that will need to be completed to meet compliance with 43 the NHPA: 44 45

A. The Corps shall prepare, or have prepared, a written description and mapping that 46

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describes/delineates the Project APE to be examined for archaeological and/or architectural 1 resources. The mapping shall also show the Project specific footprint noting items such as 2 channel, berms, stream/wetland mitigation, construction access/staging and Project right-of-3 way. It is anticipated that at the very least the need to delinate or revise the APE will occur 4 when an element (such as an access road or borrow area) is added or at the 60 and 90 5 percent design stage in PED. 6

7 B. Using the developed APE, the Corps shall identify, or have identified, additional potential 8

consulting parties to invite to participate in Section 106 consultation. 9 10 C. The SHPO and consulting parties will have 30 days to review and comment on the APE. If 11

the Corps does not receive comment within 30 days, concurrence with the APE will be 12 assumed. Should there be an objection, the Corps will consult to resolve the objection. If 13 the Corps determines that resolution is not being reached, the Corps will request the 14 ACHP’s comments in accordance with Stipulation IV.(A) Dispute Resolution. 15

16 II. Identification and Evaluation of Archaeological and Architectural Resources 17 18 The Corps shall conduct, or have conducted, archaeological and architectural studies within 19 the project APE as defined through the process outlined in Stipulation I. These studies 20 shall identify and evaluate the eligibility of identified resources for listing in the NRHP by 21 applying the National Register Criteria for Evaluation (36 CFR Section 60.4). The study shall 22 evaluate identified resources individually and as contributing/non-contributing resources within a 23 possible historic district. 24 25 A. A. Professional Qualifications. The Corps will ensure that archeologists, historians, and 26

architectural historians meeting the professional qualification standards given in the Secretary of 27 the Interior's Standards and Guidelines for Archeology and Historic Preservation will conduct 28 or directly supervise all cultural resources identification, evaluation, and mitigation related to 29 this Project, to include archaeological surveys and testing, historic structure inventories and 30 evaluation, and data recovery and documentation and mitigation. 31

32 B. B. Literature and Records Search. Prior to conducting any cultural resources fieldwork, the 33

Corps or its contractors shall at a minimum consult available site files, previous survey reports, 34 and other documents at the Ohio Historic Society and at the SHPO and local/regional 35 repositories to collect for information on previously recorded cultural resources sites, site 36 leads, and previously surveyed areas in the Project's APE. 37

38 C. C. Phase 1 Cultural Resources Investigation. The Corps or its contractors will conduct a Phase I 39

survey orn all portions of the Project’s APE that had not previously been investigated in order to 40 locate any cultural resources (prehistoric, historic, and architectural). The cultural resources 41 investigation will be an intensive, on-the-ground study of the area sufficient to determine the 42 number and extent of the resources present and their relationships to Project features. The 43 survey also will consider and address visual effect impacts of the proposed project to cultural 44 resources within the APE. 45

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1. The Corps shall prepare, or have prepared a scope of work (SOW). The SHPO and 1 consulting parties will 30 days to review and comment on the SOW. If the Corps does 2 not receive comment within 30 days, concurrence with the SOW will be assumed. 3 Should there be an objection, the Corps will consult to resolve the objection. If the 4 Corps determines that resolution is not being reached, the Corps will request the 5 ACHP’s comments in accordance with Stipulation IV.(A) Dispute Resolution. 6

7 2. Ohio Archaeological and/or Historic Inventory forms shall be prepare for each 8

identified resource. A hard copy of each form shall be included in the final 9 reports required by Stipulation II.(C.)(3). 10

11 3. Reports. The Corps shall ensure that draft and final reports resulting from actions pursuant 12

to the Stipulations of this PA will be provided to the SHPO and, upon request, to other 13 parties to this agreement. All parties will have 30 days to review and comment on any draft 14 reports furnished to them. 15

16 a. If agreement is reached that a site is not eligible for the NRHP then no further 17

investigation of that site will be conducted. 18 19

b. If agreement is reached that a site with undetermined eligibility, or an NRHP eligible 20 site, can and shall be avoided (the preferred option) then no further investigation of that 21 site shall be conducted. If avoidance is practical, the Corps will consult with the SHPO 22 and other consulting to develop avoidance protocols. 23

24 c. If agreement is reached that a site with undetermined eligibility cannot be avoided then it 25

shall undergo further evaluation as outlined in Stipulation II. (D.). 26 27

d. If agreement is reached that a NRHP eligible site cannot be avoided then the process 28 outlined in Stipulation III shall be followed. 29

30 D. D. Phase II Testing and Evaluation. The Corps or its contractors will evaluate the National 31

Register of Historic Places eligibility of all cultural resources sites or structures over 50 years 32 old located within the APE. Evaluation shall include such testing necessary to determine the 33 information potential of prehistoric and historic archeological sites and archival research for 34 historic archeological and architectural sites. The Corps will request the concurrence of the 35 SHPO in determining each such site or structure's eligibility or non-eligibility to the National 36 RegisterHP. 37

38 1. The Corps shall prepare, or have prepared a scope of work (SOW). The SHPO and 39

consulting parties will have 30 days to review and comment on the SOW. If the Corps 40 does not receive comment within 30 days, concurrence with the SOW will be assumed. 41 Should there be an objection, the Corps will consult to resolve the objection. If the 42 Corps determines that resolution is not being reached, the Corps will request the 43 ACHP’s comments in accordance with Stipulation IV.(A) Dispute Resolution. 44 45

2. Ohio Archaeological and/or Historic Inventory forms shall be updated as 46

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necessary for each tested/evaluated resource. A hard copy of each form shall 1 be included in the final reports required by Stipulation II.(D.)(3). 2 3

3. Reports. The Corps shall ensure that draft and final reports resulting from actions pursuant 4 to the Stipulations of this PA will be provided to the SHPO and, upon request, to other 5 parties to this agreement. All parties will have 30 days to review and comment on any draft 6 reports furnished to them. 7 8 a. If agreement is reached that a site is not eligible for the NRHP then no further 9

investigation of that site will be conducted. 10 11

b. If agreement is reached that a NRHP eligible site, can and shall be avoided (the preferred 12 option) then no further investigation of that site shall be conducted. If avoidance is 13 practical, the Corps will consult with the SHPO and other consulting to develop 14 avoidance protocols. 15

16 c. If agreement is reached that a NRHP eligible site cannot be avoided then the process 17

outlined in Stipulation III shall be followed. 18 19 E. Burials. If any human burials are encountered during the cultural resources field work or Project 20

construction, the Corps and its contractors will comply with the Native American Graves 21 Protection and Repatriation Act (NAGPRA) for federal or tribal lands, or _____________, 22 whichever is applicable. 23

24 F. Curation. The Corps or its contractors shall ensure that all materials and records resulting from 25

the survey, evaluation, and data recovery or mitigation conducted for the Project, or recovered 26 during Project construction, will be curated in accordance with 36 CFR Part 79, "'Curation of 27 Federally-Owned and Administered Archeological Collections" at a facility within the state of 28 Ohio, unless the private landowner wishes to retain ownership of artifacts recovered from 29 his/her land. 30

31 G. Discoveries During Project Implementation. Should an unidentified site or property that may be 32

eligible for inclusion in the NRHP be discovered during Project construction, the Corps, or its 33 contractors, will cease all work in the vicinity of the discovered property until it can be 34 evaluated pursuant to guidelines in Stipulations II. (C. & D.) of this PA. If the property is 35 determined to be eligible, the Corps shall comply with the provisions of Stipulation III. Project 36 actions which are not in the area of the discovery may proceed while the consultation and any 37 necessary evaluation and mitigation work is conducted. 38

39 40 E. Phase III Mitigation. The Corps will avoid or minimize Project-related adverse effects to historic 41 properties (National Register of Historic Places listed or eligible sites, structures, buildings, 42 districts, or objects) to the extent practicable. Where adverse effects due to the Project are not 43 avoidable, the Corps will formulate, coordinate, and execute a Memorandum of Agreement (MOA) 44 with the SHPO and the other consulting parties as applicable, to mitigate the adverse effects. 45 46

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F. Burials. If any human burials are encountered during the cultural resources field work or Project 1 construction, the Corps and its contractors will comply with the Native American Graves Protection 2 and Repatriation Act (NAGPRA) for federal or tribal lands, or _____________, whichever is 3 applicable. 4

5 G. Curation. The Corps or its contractors shall ensure that all materials and records resulting from 6 the survey, evaluation, and data recovery or mitigation conducted for the Project, or recovered 7 during Project construction, will be curated in accordance with 36 CFR Part 79, "'Curation of 8 Federally-Owned and Administered Archeological Collections" at a facility within the state of 9 Ohio, unless the private landowner wishes to retain ownership of artifacts recovered from his/her 10 land. 11 12 H. Discoveries During Project Implementation. Should an unidentified site or property that may be 13 eligible for inclusion in the National Register be discovered during Project construction, the Corps 14 will cease all work in the vicinity of the discovered property until it can be evaluated pursuant to 15 guidelines in Stipulation D of this Programmatic Agreement. If the property is determined to be 16 eligible, the Corps shall comply with the provisions of Stipulation E above. Project actions which 17 are not in the area of the discovery may proceed while the consultation and any necessary 18 evaluation and mitigation work is conducted. 19 20 I. Reports. The Corps shall ensure that draft and final reports resulting from actions pursuant to the 21 Stipulations of this Programmatic Agreement will be provided to the SHPO and, upon request, to 22 other parties to this agreement. All parties will have 30 days to review and comment on any draft 23 reports furnished to them. 24 25 III. Treatment of Historic Properties (Archaeological and Architectural Resources) 26 27 The Corps will avoid or minimize Project-related adverse effects to historic properties (NRHP listed 28 or eligible sites, structures, buildings, districts, or objects) to the extent practicable. Where adverse 29 effects due to the Project are not avoidable, the Corps will formulate, coordinate, and execute a 30 Memorandum of Agreement (MOA) with the SHPO and the other consulting parties as applicable, 31 to mitigate the adverse effects. 32 33 34 35 36 IV. Administrative DMINISTRATIVE ProceduresROCEDURES 37 38 A. J. Dispute Resolution. In the event the SHPO, or a concurring party to the PA objects to any 39

plans, documents, or reports prepared under the terms of this PA within 30 days after receipt, or 40 objects at any time to any actions proposed or the manner in which the terms of this PA are 41 implemented, the Corps shall consult with the party to resolve the objection. If the Corps 42 determines that the objection cannot be resolved, the Corps will:shall forward all documentation 43 relevant to the dispute to the Advisory Council. Any recommendation or comment provided by 44 the Advisory Council will be understood to pertain only to the subject of the dispute. The Corps' 45

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responsibility to carry out all stipulations under this PA that are not the subject of the dispute 1 will remain unchanged. 2

B. 3 C. DISPUTE RESOLUTION 4 D.A. Should any signatory or concurring party to this PA object at any time to any actions proposed or 5

the manner in which the terms of this PA are implemented, the USACE shall consult with such party to 6 resolve the objection. If the USACE determines that such objection cannot be resolved, the USACE will: 7

8 1. Forward all documentation relevant to the dispute, including the USACE’s Corps’ proposed 9 resolution, to the ACHP. The ACHP shall provide the USACE Corps with its advice on the 10 resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to 11 reaching a final decision on the dispute, the USACE Corps shall prepare a written response that 12 takes into account any timely advice or comments regarding the dispute from the ACHP, 13 signatories and concurring parties, and provide them with a copy of this written response. The 14 USACE Corps will then proceed according to its final decision. 15

16 2. If the ACHP does not provide its advice regarding the dispute within thirty (30)-day time 17 period, the USACE Corps may make a final decision on the dispute and proceed accordingly. 18 Prior to reaching such final decision, the USACE Corps shall prepare a written response that 19 takes into account any timely comments regarding the dispute from the signatories and 20 concurring parties to the PA, and provide them and the ACHP with a copy of such written 21 response. 22

23 3. The USACE’s Corps’ responsibility to carry out all other actions subject to the terms of this 24 PA that are not the subject of the dispute remain unchanged. 25

26 E.B. K. Amendments. Any signatory to this PA may request that it be amended, whereupon the 27

parties will consult to consider such amendment. The PA may only be amended with the written 28 concurrence of all parties who have signed the PA. 29

30 F.C. L. Anti-Deficiency Provision. All obligations on the part of the Corps under this PA shall be 31

subject to the appropriation, availability and allocation of sufficient funds to the Buffalo District 32 for such purposes. 33

34 G.D. M. TTermination. 35 36

1. Proof of compliance with all stipulations to the satisfaction of the Corps and the SHPO will 37 constitute completion of this Programmatic Agreement. 38

39 2. If the terms of this PA have not been implemented within ______ years after its execution, 40 this agreement will be null and void. In such an event, the Corps shall notify the SHPO and the 41 concurring parties of its expiration, and if appropriate, shall re-initiate review of the undertaking 42 in accordance with 36 CFR Part 800. 43

44 3. Any signatory party to this PA may withdraw from it by providing thirty (30) days notice to 45 the other parties, provided that the parties will consult during the period prior to withdrawal to 46 seek agreement on amendments or other actions that would avoid withdrawal. In the event of 47

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termination, or withdrawal, the Corps will comply with federal regulation 36 CFR Part 800, 1 Protection or Historic Properties. 2

3 H.E. N. Points of Contact. The points of contact for the signatories and concurring parties are as 4

follows: 5 6

1. 7 2. 8

9 Execution of this Programmatic Agreement, its subsequent filing with the Advisory Council on 10 Historic Preservation, and implementation of its Stipulations evidences that the Corps has taken into 11 account the effects of the 12 Project on National Register of Historic Places listed or eligible historic properties, and has 13 satisfied its Section 106 responsibilities for all aspects of this undertaking. 14 15 16 U.S. ARMY CORPS OF ENGINEERS-BUFFALO DISTRICT 17 By: Date: 18 19 20 OHIO STATE HISTORIC PRESERVATION OFFICER 21 By: Date: 22 23 24 MAUMEE WATERSHED CONSERVANCY DISTRICT 25 By: Date: 26 27 28 HANCOCK COUNTY 29 By: Date: 30 31 32 CITY OF FINDLAY 33 By: Date: 34 35 36 WYANDOTTE NATION 37 By: Date: 38 39 40 Others.... 41 42

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ATTACHMENTS 1 2 3

Attachment 1 – Diversion Channel 4 5 Attachment 2 – Area of Potential Effect 6 7 Attachment 3 – Consulting Parties 8 9 Attachment 4 – Project Schedule 10 11

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ATTACHMENT 1 Blanchard Diversion Channel

Formatted: Font: (Default) Times New Roman,12 pt

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ATTACHMENT 2 2 3 4

Blanchard River Watershed Study 5 Area of Potential Effects Discussion 6

7 As regards cultural resources considerations during a federal undertaking, the Area of Potential 8 Effects (APE) is the geographic area within which an undertaking may directly or indirectly cause 9 alterations in the character or use of historic properties (National Register of Historic Places eligible 10 or listed archaeological sites, standing structures, etc.). Depending on the nature of the various 11 project components and the resources that may be affected, the APE may be different for the 12 different kinds of effects caused by the project. 13 14 At the start of the study process within the Blanchard River Watershed, few cultural resources 15 investigations covering large areas had been completed within Hancock County, Ohio. The cultural 16 resources investigations initially undertaken for the study will help to provide a more complete 17 regional cultural resources perspective for the Blanchard River Watershed located within Hancock 18 County. This study will also help to better define the survey methodology and type, number and 19 quality of cultural resources likely to be encountered in the APE yet to be examined. 20 21 These studies also worked through setting an initial APE. Two types of impacts have been 22 identified to date: a direct area of impact from earth moving activities; and visual impacts through 23 the introduction of visual elements. To ensure that the APE for the direct area of impact 24 encompassed as fully as possible areas of proposed construction activity and disposal/mitigation, a 25 200-foot buffer around proposed alternatives was developed and used for the initial investigations 26 (Chidester et al., 2011). To establish the limits of potential visual impacts simulations were run to 27 determine, under various conditions, how far a flag could be seen (Johnson et al., 2011 and 28 Chidester et al., 2012). Using this methodology buffers were established, unless field conditions 29 indicated otherwise, to use on proposed alternatives in urban commercial settings (1,650 feet), on 30 straight-of-ways in older residential neighborhoods (1,950 feet), off straight-of-ways in older 31 residential neighborhoods (425 feet), in residential areas along the river (690 feet) and in 32 agricultural settings with large expanses of flat land (1,500 feet) (ibid.). 33 34 Using these parameters an initial/working APE has been established for the West Diversion 35 Channel for both direct and indirect impacts (Figure 1). In regards to the indirect visual impacts it 36 is noted that the West Diversion Channel occurs in an agricultural setting and so currently has a 37 1500 foot buffer established. 38 39 Architectural investigations are underway for a portion of the current West Diversion Channel APE 40 accessible via public right of ways. No archaeological investigations have been completed in the 41 West Diversion Channel due to a lack of access. Therefore additional investigations will be 42 required before historic properties can be fully identified, evaluated and a determination of effects 43 made. To define these remaining Section 106 compliance requirements, a Programmatic 44 Agreement (PA) is being developed with the Ohio SHPO and other consulting parties to address the 45 remaining Section 106 compliance responsibilities for this project. 46

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1 Figure 1. Archaeological and Architectural APE for the West Diversion Channel. 2

3 4 Areas not yet subjected to cultural resources investigations will be delineated in the PA. The PA 5 will outline how the APE will be defined for these areas. APE designation will occur prior to 6 initiating additional cultural resources surveys (archaeological and architectural) and will follow the 7 process to be outlined in the PA. 8 9 10 References Cited 11 12 Chidester, R. C., B. P. Agosti, R. M. Schumaker, and K. Wagner. September 2012. Predictive 13

Model and History/Architecture Research Design for Additional Phase I Cultural Resources 14 Survey, Blanchard River Flood Mitigation Studies, Hancock and Putnam Counties, Ohio. 15 Report submitted to the Northwest Ohio Flood Mitigation Partnership, Inc., Findlay by The 16 Mannik & Smith Group, Inc., Maumee, Ohio. 17

18 Chidester, R. C., K. Hayfield, R. T. Botkin, B. N. Smith and K. Wagner. April 2011. Report of a 19

Phase I Archaeological Reconnaissance Survey in Three Proposed Flood Mitigation 20 Corridors, Findlay (Hancock County) and Ottawa (Putnam County), Ohio. Report 21

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submitted to the Northwest Ohio Flood Mitigation Partnership, Inc. Findlay by The Mannik 1 & Smith Group, Inc., Maumee, Ohio. 2

3 Johnson, M., R. M. Schumaker, and R. C. Chidester. July 2011. Report of a Phase I 4

Architectural Reconnaissance Survey in Three Proposed Flood Mitigation Corridors, 5 Findlay (Hancock County) and Ottawa (Putnam County), Ohio. Report submitted to the 6 Northwest Ohio Flood Mitigation Partnership, Inc., Findlay by The Mannik & Smith Group, 7 Inc., Maumee, Ohio. 8

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ATTACHMENT 3

Blanchard River Watershed Study - Consulting Parties for Section 106 Review Name Title Address E-mail Address Sherri Clemons Tribal Historic Preservation

Officer 64700 E Highway 60, Wyandotte, OK 74370

[email protected]

Lisa Atkins Architecture Reviews Mgr 800 E 17th Av, Columbus, OH 43211

[email protected]

Nathan Young Archaeology Reviews Mgr 800 E 17th Av, Columbus, OH 43211

[email protected]

Tom Barrett ODOT Scenic Byways Program Mgr

1980 W Broad St, Columbus, OH 43223

[email protected]

Steve Wilson County Engineer 1900 Lima Av, P.O. Box 828, Findlay, OH 45839-0828

[email protected]

Lydia Mihalik Mayor Municipal Bldg., 318 Dorney Plaza, Findlay, OH 45840

[email protected]

Darl Deeds Trustee 8753 Township Rd 48, Findlay, OH 45840

[email protected]@gmail.com

Jeff Hunker Trustee 7108 Township Rd 136, Findlay, OH 45840

[email protected]

John Wolfe Trustee 11476 State Route 37, Findlay, OH 45840

[email protected]

Frank Quinn Director of Preservation 846-1/2 E Main St, Columbus, OH 43205

[email protected]

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ATTACHMENT 4

Project Schedule Overview