2025-01-15 PL-INT-2022-001460 Historic Bridge Draft PA on Minor Bridge Repairs - Request Comments

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449 project file. The certification forms shall be submitted to the USACE when it affects 450 a USACE permit or the change in scope requires a permit when none was required 451 originally. 452 As appropriate, the SOI Qualified Professional(s) shall evaluate the revised project 453 and alert HDOT as to whether: 1)the project continues to qualify for processing under 454 the Agreement, and additional or revised certification forms are required, or 2) the 455 project no longer qualifies for this Agreement. If the project no longer qualifies under 456 the Agreement, the lead federal agency and/or HDOT shall notify the SHPO and 457 initiate a Section 106 review per 36 C.F.R. § 800.3 to 800.13. 458 VIII. EMERGENCY SITUATIONS 459 A. For the purposes of this Agreement, emergencies are defined as occurrences that 460 require emergency highway system and facility repairs that are necessary to 1)protect 461 the life, safety, or health of the public; 2) minimize the extent of damage to the 462 highway system and facilities; 3) protect remaining highway facilities; or 4) restore 463 essential traffic. These emergency situations may arise from flooding, ocean surges, 464 landslides, extreme wind, or other natural phenomena. 465 B. Repairs to address emergency situations as defined above can occur regardless of 466 funding category and regardless of declarations made by federal, state, or local 467 agencies or by the USACE where the USACE is the Lead Federal Agency in 468 accordance with 33 C.F.R. § 325.2(e)(4) or by the FHWA where the FHWA is the 469 Lead Federal Agency in accordance with 23 CFR § 668.103. 470 C. If an emergency repair project could affect historic bridges, HDOT will, in 471 accordance with Stipulation VII, determine whether the emergency repair project is 472 exempted from further review, as follows: 473 i. If the project is listed as a Tier 1, 2 or 3 project, the conditions for exemption 474 are met, and a Certified Project Manager determines the emergency repairs 475 will have no effect to historic properties, the Certified Project Manager will 476 note this determination for the project file and no further consultation will be 477 required. 478 ii. If the emergency repair is not listed in Tiers 1, 2 or 3, HDOT will notify 479 SHPO, in accordance with Stipulation XIII, and the applicable Lead Federal 480 Agency prior to any work taking place. SHPO and the Lead Federal Agency 481 will have 48 hours to respond to the notification. If no response is received, 482 HDOT will proceed with the emergency repair. 483 iii. For projects where the repair must be made within the first 30 days of the 484 declaration of the emergency by an appropriate authority, in response to 485 immediate threats to life and property, the processing of environmental 486 documentation will happen concurrently or after the fact. In these cases, DRAFT FINAL Programmatic Agreement for the Hawai'i Historic Bridge Program 13 January 2, 2025