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PROGRAMMATIC AGREEMENT
AMONG THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
AND THE COLORADO STATE HISTORIC PRESERVATION OFFICER
REGARDING MINOR HIGHWAY IMPROVEMENT PROJECTS

WHEREAS, the Federal Highway Administration (FHWA) proposes to assist the Colorado Department of Highways (CDOH) in conducting certain highway-related projects; and

WHEREAS, the FHWA and the Colorado State Historic Preservation Officer (SHPO) have determined that the projects covered by this Agreement will be of a minor nature and will havt-no effect on properties listed on or determined eligible for inclusion in the National Register of Historic Places, if the conditions cited in the attached Appendix are met; and

WHEREAS, the FHWA has consulted with the Advisory Council on Historic Preservation (Council) and the Colorado SHPO pursuant to Section 800.13 of the regulations (36 CFR Part 800) implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470f); and

WHEREAS, the CDOH and the Colorado State Archaeologist participated in the consultation and have been invited to concur in this Programmatic Agreement;

NOW THEREFORE, the FHWA, the Council, and the Colorado SHPO agree that the program covered by this Agreement shall be administered in accordance with the following stipulations to satisfy the FHWA's Section 106 responsibility for all individual projects of the program.

STIPULATIONS

The FHWA shall ensure that the following measures are carried out:

  1. The CDOH Staff Historian and CDOH Staff Archaeologist will first review all projects to determine whether the terms of this Programmatic Agreement apply. If it is determined that the terms of this Programmatic Agreement do not apply to a specific project, CDOH will inform FHWA and the Colorado SHPO so that the former may initiate action pursuant to 36 CFR Part 800.
  2. Certain minor highway improvement projects, as defined in the Appendix have been determined to cause no effect to historic properties and will not require review by the Colorado SHPO or the Council except as noted.
  3. All other federally funded projects not listed in the Appendix attached to this Programmatic Agreement shall be subject to Section 106 and its implementing regulations, 36 CFR Part 800.
  4. The CDOH will provide a summary to the SHPO of both historical and archaeological projects completed the previous year under Stipulation II. The report shall be submitted no later than the close of each calendar year.
  5. The Council and the SHPO may monitor activities carried out pursuant to this Programmatic Agreement, and the Council will review such activities if so requested. The FHWA will cooperate with the Council and the SHPO in carrying out their monitoring and review responsibilities.
  6. Any party to this Programmatic Agreement may request in writing that it be amended, whereupon the parties will consult in accordance with 36 CFR 800.13 to consider such amendment.
  7. Should the SHPO or Council object to any actions proposed pursuant to this Agreement, the FHWA shall consult with the objecting party to resolve the objection. If the FHWA determines that the objection cannot be resolved, the FHWA shall request the further comments of the Council Rursuant to 36 CFR Part 800.6(b). Any Council comment provided in-response to such a request will be taken into account by the FHWA in accordance with 36 CFR Part 800.6(c)(2) with reference only to the subject- of the dispute; the FHWA's responsibility to carry out all actions under this Agreement that are not the subjects of the dispute will remain unchanged.
  8. Any party to this Programmatic Agreement may terminate it by providing thirty (30) days notice to the other parties, provided that the parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the FHWA will comply with 36 CFR Part 800 with regard to individual undertakings covered by this Programmatic Agreement.
  9. In the event the FHWA does not carry out the terms of this Programmatic Agreement, the FHWA will comply with 36 CFR Part 800 with regard to individual undertakings covered by this Programmatic Agreement.

Execution and implementation of this Programmatic Agreement evidences that the FHWA has satisfied its Section 106 responsibilities for all individual undertakings of the program.

Advisory Council on Historic Preservation Signature. Date: 2-15-91

Federal Highway Administration Signature. Date: 2-5-91

Deputy Colorado State Historic Preservation Officer Signature. Date: 12-13-90

CONCURRING PARTIES:

Colorado Department of Highway for Executive Director Signature. Date: 11-23-90

Colorado State Archaelogist Signature. Date: 12-11-90

APPENDIX

  1. The following projects have been determined to cause no effect to historic properties under normal operating conditions and will not require review by the Colorado SHPO or the Council:
    1. CURB, GUTTER, AND SIDEWALK IMPROVEMENTS

      Installations of curb, gutter, and sidewalk improvements are replacement and rehabilitation projects wherein no new terrain is altered. In all cases, projects of this category are in an urban environment where contemporary ground disturbance is complete or almost complete.

    2. GUARDRAIL INSTALLATION

      Installation of guardrail on curves and along steep embankments such as stream sides and cliff tops is necessary for safety and traffic control. In most cases the guardrail is supported by six by eight inch posts driven into the already disturbed road prism, and is always located within six feet of the pavement.

    3. IMPROVEMENT OF EXISTING RAILROAD CROSSINGS

      These are installations where the alignment of the highway intersects the alignment of a railroad at grade. All earth disturbance is confined to the already disturbed highway road prism.

    4. INSTALLATION OF RAILROAD PROTECTION ITEMS

      These projects are for crossing gates and signing where highway alignments cross rail alignments at grade, and the footers for the signs and gates are buried in the already disturbed prism of the highway or the railroad alignment.

    5. LIGHTING AND SIGNALIZATION

      These projects are most typically developed at intersections of highways where safety control is required. Installations include posts or towers for mounting lights which are supported by a concrete footer that extends six to eight feet into the ground in or adjacent to the already disturbed road prism.

    6. REHABILITATION OR MINOR WIDENING OF STRUCTURES OVER HISTORIC LINEAR FEATURES

      These are projects in which facilities such as bridges, box culverts, or grade separations are rebuilt or widened no more than twenty (20) feet. In most cases the earth work is in previously disturbed terrain and there is no relocation of the structure or alterations to the historic linear feature.

    7. BRIDGE DECK REHABILITATION AND STABILIZATION

      These projects are confined strictly to road surface work on the structure or repairs to the structure itself.

    8. OVERLAY AND SEALCOATS

      This type of resurfacing work is confined to the existing pavement surface and is limited to addition of a new layer of asphalt or sand and oil mixture. Some overlay projects may include shoulder flattening and minor safety work.

    9. PAVING OF EXISTING GRAVEL SHOULDERS

      This type of project is limited to laying road surface within the existing road prism and would not deviate into other areas of the right-of-way.

    10. INTERSECTION IMPROVEMENTS

      These projects generally involve construction of turn lanes and may require acquisition of a minor amount of right-of-way (twenty feet or less).

    11. MINOR WIDENING PROJECTS

      These are projects where less than twenty feet of right-of-way (no more than ten feet on either side) are required to widen the existing road surface. Generally these projects involve increasing travel lanes- by one foot and shoulders by four to eight feet.

  2. PROJECTS WITH NON-ELIGIBLE RESOURCES
    1. Projects involving properties which have been determined by the SHPO to be not eligible for the National Register within five or less years from the date of formal submission of the project to the SHPO shall not require coordination.

    2. Any historical property that has been identified in a survey conducted five or more years prior to the date of formal submission of the project to the SHPO shall be reevaluated under the National Register criteria set forth in the Secretary of Interior's Standards and Guidelines for Evaluation to determine its eligibility for inclusion in the National Register of Historic Places.

  3. Under the following conditions, projects from the above list may be considered an exception to the program if the potential to affect historic properties exists. In such cases, CDOH will inform FHWA and the Colorado SHPO so that the former may initiate action pursuant to 36 CFR Part 800.
    1. CURB, GUTTER, AND SIDEWALK IMPROVEMENTS

      The configuration and/or material of the existing curb and gutter and/or sidewalk are contributing elements to the quality of significance of a National Register listed or eligible district or property.

    2. GUARDRAIL INSTALLATION

      Existing guardrail is a contributing element to the quality of significance of a National Register listed or eligible district or property.

    3. IMPROVEMENT OF EXISTING RAILROAD CROSSINGS

      New crossings are constructed on National Register listed or eligible railroads.

    4. LIGHTING AND SIGNALIZATION

      Existing lighting to be replaced is a contributing element to the quality of significance of a National Register listed or eligible district or individually listed or eligible property, or new lighting is proposed in a National Register listed or eligible district, or adjacent to individually eligible or listed properties.

    5. REHABILITATION OR MINOR WIDENING OF STRUCTURES OVER HISTORIC LINEAR FEATURES/BRIDGE DECK REHABILITATION AND STABILIZATION

      Those projects requiring a detour which leaves the existing pavement, those resulting in removal of a significant amount of vegetation, or those involving historic bridges listed on or eligible to the National Register. Historic bridges are covered under a separate agreement with the Colorado SHPO.

    6. INTERSECTION IMPROVEMENTS/MINOR WIDENING PROJECTS

      Projects located in a National Register listed or eligible district or near a listed or eligible property and/or the right-of-way take involves features (planters, trees, sidewalks, etc.) considered contributing elements to the quality of significance of a National Register listed or eligible district or property.

    7. If a question arises as to whether an element is considered contributing, CDOH will contact the SHPO for an official determination regarding the significance of the feature.

    8. An archaeological survey will be conducted for any improvement where previously undisturbed ground is impacted. If the archaeological survey results in the identification of potentially significant features, the Colorado SHPO will be consulted and FHWA notified in order to initiate Section 106 compliance pursuant to 36 CFR Part 800.

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