Appendix E Area of Potential Effects (APE) Maps Supplemental Environmental Assessment Woodward Avenue Streetcar
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Appendix E Area of Potential Effects (APE) Maps Supplemental Environmental Assessment Woodward Avenue Streetcar
Appendix E Area of Potential Effects (APE) Maps Woodward Avenue Streetcar Supplemental Environmental Assessment This page intentionally left blank. Woodward Avenue Streetcar Supplemental Environmental Assessment $ _ " ! $̀ " ! ! ( 1 INCH = 1,536 FEET 0 TPSS k $ _ " ! F TROIT Ý ? Detroit Ri ver CSA CSA CSA TPSS TPSS k k VSMF TPSS GRAND Ý ? WOODWARD AVENUE STREETCAR PROJECT k TPSS ( f & % W O O D WA R D AV E B LV D VSMF VSMF AV E k TPSS k TPSS VSMF TPSS k $ _ " ! 1,500 Proposed Station Woodward Streetcar Alignment 3,000 Feet Construction Staging Area (CSA) k $ a " ! Preferred Traction Power Substation (TPSS) k Alternate Traction Power Substation (TPSS) Alternate Vehicle Storage Maintenance Facility (VSMF) Preferred Vehicle Storage Maintenance Facility (VSMF) Woodward Avenue Streetcar Project January 2013 Location Map CS Q LA ON S DIS MA O BR 1-29 1-30 E CONGRESS ST TPSS #1 ST Y WA D A 1-33 R LIB ST 1-31 OE 1-25 ST NR E AV WITHERELL ST Y AR 1-9 RM FA MO R TPSS #2 ER VE RI T T 1-8 1-32 ST DIL RS CE NT RE HN D AN GR JO E ST 1-7 1-5 ATWATER DR PARKWAY DR RANDOLPH ST E FORT ST MECHANIC ST BEACON ST MADISON ST RANDOLPH ST E JEFFERSON AVE E JEFFERSON AVE 1-6 CA S I 75/GRATIOT CONN N I 75/GRATIOT CONN WINDER ST E AV E LARNED ST T IO AT BRUSH ST RENAISSANCE CTR GR E ADAMS AVE E MONTCALM ST N I 75 WINDER ST JOHN R ST MACOMB ST 1-18 Washington Boulevard Historic District NRHP-Listed 1-19 Gateway Center Building NRHP Not Eligible BEAUBIEN ST 1-20 200 Grand River Avenue NRHP Not Eligible 1-21 Capitol Park Historic District NRHP-Listed 1-22 Michigan Soldiers' and Sailors' Monument NRHP-Listed 1-23 First Federal Building NRHP-Eligible 1-24 Lower Woodward Avenue Historic District NRHP-Listed 1-25 Grand Circus Park Historic District NRHP-Listed 1-26 Central United Methodist Church NRHP-Listed 1-27 Francis Palms Building and State Theater NRHP-Listed 1-28 Fox Theatre Building National Historic Landmark NRHP-Listed 1-29 St. John’s Episcopal Church NRHP-Listed 1-30 John J. Bagley Memorial Fountain NRHP-Listed 1-31 Barlum Tower NRHP-Listed 1-32 New Cadillac Square Apartments NRHP-Eligible 1-33 Detroit Public Library Downtown Branch NRHP-Eligible 1-34 313 Michigan Avenue NRHP Not Eligible 1-35 317 Michigan Avenue NRHP Not Eligible 4-121 Woodward Avenue NRHP-Eligible NRHP Not Eligible 1-2 Pontchartrain Hotel NRHP Not Eligible 1-3 Detroit Financial District Historic District NRHP-Listed 1-4 Guardian Building National Historic Landmark NRHP-Listed 1-5 Coleman A. Young Municipal Center NRHP-Eligible 1-6 Wayne County Building NRHP-Listed 1-7 Lawyers Building NRHP-Listed 1-8 130 Cadillac Square NRHP-Eligible 1-9 124 Cadillac Square NRHP Not Eligible 1-10 Vinton Building NRHP-Listed 1-11 State Savings Bank NRHP-Listed 1-12 Fort Washington Plaza NRHP Not Eligible 1-13 Detroit Club NRHP-Listed 1-14 1010 Washington Boulevard NRHP Not Eligible 1-15 1020 Washington Boulevard NRHP Not Eligible 1-16 Pulaski Monument NRHP Not Eligible 1-17 Gabriel Richard Building NRHP-Eligible CLINTON ST Convention and Exhibition Center BE1-1 AUCobo BIEN ST BATES ST AUDITORIUM DR 1-10 1-26 1-24 1-11 SHELBY ST ST AT E 1-14 1-15 1-19 L 1-17 1-3 0 NA VE CH IGA Parcel 1 INCH = 400 FEET WOODWARD AVENUE STREETCAR PROJECT MI GR STATE ST PLAZA DR RI 400 Feet Woodward Streetcar Alignment Proposed Station Construction Staging Area HOWARD ST E AV 1-34 1-35 Traction Power Substation (TPSS) W LAFAYETTE BLVD KP Q S ES EP AR 1-13 W FORT ST 1-16 TIM ST ST 1-18 ST ST W ADAMS AVE D AN BY 1-18 1-3 1-1 FIRST ST X-X NRHP-Listed Property Preferred Traction Power Substation (TPSS) X-X NRHP-Listed District Alternate Traction Power Substation (TPSS) X-X National Historic Landmark Vehicle Storage Maintenance Facility 1-12 1-2 ER EY BL VD Construction Staging Area #1 R VE 1-3 EL DETROIT RIV SH GRISWOLD ST W LARNED ST GL GT ON 1-18 CASS AVE W COLUMBIA 1-21 1-18 HIN 1-4 DRIVE W JEFFERSON SERVICE N AVE W JEFFERSO 1-21 WA S BA W ELIZABETH ST CLIFFORD ST 1-20 1-25 PARK AVE 1-23 W CONGRESS ST 1-27 W COLUMBIA ST W MONTCALM ST N I 75 SERVICE DRIVE HENRY ST PARK AVE 1-24 1-24 1-28 1-3 CAMPUS MARTIUS GRAND CIRCUS PARK CIVIC CEN TER DR WOODWARD AVE FOXTOWN COLUMBIA ST S I 75 SIBLEY CONGRESS 1-22 4-121 SIBLEY SIBLEY ST ction Area #2 KEY - WOODWARD LRT PROJECT X-X X-X NRHP-Eligible Property NRHP Not Eligible Area of Potential Effects Area of Potential Effects and National Register of Historic Places Eligibility Determinations January 2013 Sheet 1 of 4 BEAUBIEN ST 2-24 2-23 2-20 2-7 WOODWARD AVE CANFIELD DIVISION ST 2-3 2-4 2-14 4-121 WILKINS ST WATSON ST ELIOT ST 2-19 ADELAIDE ST ALFRED ST WATSON ST 2-22 2-13 2-27 EDMUND PL ERSKINE ST ELIOT ST MACK AVE 2-30 2-31 2-25 BEAUBIEN ST MACK AVE E CANFIELD ST GARFIELD ST 2-2 MLK SIBLEY 2-12 DAVENPORT ST 2-9 2-16 2-1 Construction Staging Area #3 SPROAT ST 2-10 PARK AVE Construction Staging Area #2 LVD RB GJ KIN CHARLOTTE ST HER LUT PARSONS ST TPSS #3 2-5 TEMPLE ST 2-17 PETERBORO ST W STIMSON ST TIN 2-26 MAR WS-39 2-4 2-18 SELDEN ST W CANFIELD ST W HANCOCK ST 2-28 2-29 W ALEXANDRINE ST 2-35 W FOREST AVE 2-6 2-33 CASS AVE WOODWARD AVENUE STREETCAR PROJECT 0 PETERBORO Parcel Traction Power Substation (TPSS) X-X NRHP-Listed Property Woodward Streetcar Alignment Preferred Traction Power Substation (TPSS) X-X NRHP-Listed District Proposed Station Alternate Traction Power Substation (TPSS) X-X National Historic Landmark 400 Feet Construction Staging Area Vehicle Storage Maintenance Facility 2-8 RD ST CLIFFO ST BRAINARD ST SELDEN ST 1 INCH = 400 FEET 2-11 LEDYARD ST 2-15 2-21 W WILLIS ST W CANFIELD ST 2-33 PRENTIS ST 2-36 BRUSH ST BRADY ST E HANCOCK ST 2-32 WARREN ANTOINE ST JOHN R ST 2-34 WARREN WS-39 Graybar Electric Company Building NRHP-ListedSAINT 2-19 Professional Plaza Concourse Building NRHP Not Eligible 2-20 Professional Plaza NRHP Not Eligible 2-21 Willis-Selden Historic District NRHP-Listed 2-22 4100 Woodward Avenue NRHP Not Eligible 2-23 Garden Bowl NRHP-Listed 2-24 Majestic Theater NRHP-Listed 2-25 4152 Woodward Avenue NRHP Not Eligible 2-26 Detroit Edison Company Willis Avenue Station NRHP-Listed 2-27 4200 Woodward Avenue NRHP Not Eligible 2-28 4257 Woodward Avenue NRHP Not Eligible 2-29 David Whitney House NRHP-Listed 2-30 Museum of Contemporary Art Detroit NRHP Not Eligible 2-31 Edwin S. George Building NRHP-Listed 2-32 First Congregational Church NRHP-Listed 2-33 Warren-Prentis Historic District NRHP-Listed 2-34 Cathedral Church of St Paul Complex NRHP-Listed 4-121 Woodward Avenue NRHP-Eligible BENTON ST KEY - WOODWARD STREETCAR PROJECT 2-1 33 Temple Street NRHP Not Eligible 2-2 First Unitarian Church of Detroit NRHP-Listed 2-3 First Presbyterian Church NRHP-Listed 2-4 Midtown Woodward Historic District NRHP-Listed 2-5 Peterboro-Charlotte Historic District NRHP-Eligible 2-6 Clarence Burton School NRHP-Nominated 2-7 Temple Beth-El NRHP-Listed BRUSH ST 2-8 3401 Cass Avenue NRHP Not Eligible 2-9 131 Stimson Street NRHP Not Eligible 2-10 138 Stimson Street NRHP Not Eligible 2-11 3443 Cass Avenue NRHP Not Eligible 2-12 3433 Woodward Avenue NRHP Not Eligible 2-13 33 Eliot Street NRHP Not Eligible 2-14 3510 Woodward Avenue NRHP Not Eligible 2-15 3475 Cass Avenue NRHP Not Eligible 2-16 Cass-Davenport Historic District NRHP-Listed 2-17 Hotel Stevenson NRHP-Listed 2-18 Orchestra Hall NRHP-Listed ERSKINE ST KEY - WOODWARD LRT PROJECT SECOND AVE SECOND AVE X-X X-X NRHP-Eligible Property NRHP Not Eligible Area of Potential Effects Area of Potential Effects and National Register of Historic Places Eligibility Determinations January 2013 Sheet 2 of 4 KEY - WOODWARD STREETCAR PROJECT E BETHUNE ST 3-4 3-5 2-48 2-46 2-44 2-42 2-37 2-39 2-34 2-45 2-58 AMTRAK 4-121 2-60 3-2 2-52 TPSS #4 TE 2-54 2-40 2-61 2-38 2-37 2-35 PUTNAM ST 2-59 2-36 2-41 W FERRY ST 2-50 TPSS #6 WARREN 2-43 2-47 W KIRBY ST 2-53 WOODWARD AVE FERRY AMSTERDAM (FUTURE) ANTOINETTE ST W BETHUNE ST 2-49 2-60 GRAND 7 2-55 2-51 3-3 WS-1 2-56 FARNSWORTH ST 3-1 E KIRBY ST WS-2 2-43 E FERRY ST WS-3 JOHN R ST ENDICOTT ST WS-7 WS-22 WS-21 WS-23 HARPER AVE WS-8 E BALTIMORE ST WS-4 E GRAND BLVD WS-14 HORTON ST WS-13 HENDRIE ST WS-9 MEDBURY ST WS-10 E PALMER ST WS-15 2-57 E MILWAUKEE ST WS-6 WS-5 PIQUETTE ST WS-16 FARNSWORTH ST WS-12 FREDERICK ST CUSTER ST BRUSH ST E VICE DRIV E I 94 SER WS-11 N AVE E WARRE N AVE E WARRE WS-1 14-40 Custer Street NRHP Not Eligible WS-2 CBS Outdoor Advertising/ Walker and Co./ Cadillac Motor Car Co, Plant #4 NRHP-Eligible WS-4 234 Custer Street NRHP Not Eligible CASS AVE W PALMER ST W WARREN AVE 2-58 Conrail and Grand Trunk Western Railroad Bridges NRHP-Eligible 2-59 Cass Avenue Conrail and Grand Trunk Western Railroad Bridges NRHP Not Eligible 2-60 New Center Commercial Historic District NRHP-Eligible 2-61 Woodward-West Palmer-Cass-West Kirby Historic District NRHP-Eligible 3-1 Boulevard Building NRHP Not Eligible 3-2 YouthVille Detroit Building NRHP Not Eligible 3-3 7400 Woodward Avenue NRHP Not Eligible 3-4 25 Horton Street NRHP Not Eligible 3-5 7450 Woodward Avenue NRHP Not Eligible 3-74 New Center Area Historic District NRHP-Eligible 4-121 Woodward Avenue NRHP-Eligible 5734 Woodward Avenue NRHP Not Eligible 5743 Woodward Avenue NRHP Not Eligible 5750 Woodward Avenue NRHP Not Eligible 5764 Woodward Avenue NRHP Not Eligible 5925 Woodward Avenue NRHP Not Eligible St. Joseph's Episcopal Church NRHP-Listed 5955 Woodward Avenue NRHP Not Eligible 5959 Woodward Avenue NRHP Not Eligible New Amsterdam Historic District NRHP-Listed 6064 Woodward Avenue NRHP Not Eligible 6080 Woodward Avenue NRHP Not Eligible Piquette Avenue Industrial Historic District NRHP-Listed ANTHONY WAYN E DR 1 INCH = 400 FEET WOODWARD AVENUE STREETCAR PROJECT 0 Parcel Traction Power Substation (TPSS) X-X NRHP-Listed Property Woodward Streetcar Alignment Preferred Traction Power Substation (TPSS) X-X NRHP-Listed District Proposed Station Alternate Vehicle Storage Maintenance Facility X-X National Historic Landmark Construction Staging Area Construction Staging Area (Amsterdam VSMF) 400 Feet X-X X-X NRHP-Eligible Property NRHP Not Eligible Area of Potential Effects W WARREN AVE ANTOINETTE ST YORK ST BURROUGHS PL W MILWAUKEE ST W BALTIMORE ST 2-46 2-47 2-48 2-49 2-50 2-51 2-52 2-53 2-54 2-55 2-56 2-57 4 Warren-Prentis Historic District NRHP-Listed Samuel L. Smith House NRHP-Listed Maccabees Building NRHP-Listed Cultural Center Historic District NRHP-Listed Detroit Historical Museum NRHP-Eligible The Wardell NRHP-Listed 5435 Woodward Avenue NRHP Not Eligible The Detroit Institute for Children NRHP Not Eligible Col. Frank J.ST Hecker House NRHP-Listed THIRD East Ferry Avenue Historic District NRHP-Listed Barlum Apartments Building NRHP-Eligible 5708 Woodward Avenue NRHP Not Eligible 2-33 EI9 2-33 2-35 2-36 2-37 2-38 2-39 2-40 2-41 2-42 2-43 2-44 2-45 AMSTERDAM STREET VSMF SITE AMSTERDAM ST KEY - WOODWARD LRT PROJECT W GRAND BLVD W GRAND BLVD 3-74 3-74 SECOND AVE W I 94 RD LOTHROP RD LOTHROP SMF SITE Area of Potential Effects and National Register of Historic Places Eligibility Determinations January 2013 Sheet 3 of 4 Terrace Apartments NRHP-Eligible 220 Chandler Street NRHP Not Eligible 240 Chandler Street NRHP Not Eligible 231 Chandler Street NRHP Not Eligible 241 Chandler Street NRHP Not Eligible 251 Chandler Street NRHP Not Eligible 246-250 Chandler Street NRHP Not Eligible 260 Chandler Street NRHP Not Eligible 261 Chandler Street NRHP Not Eligible CUSTER ST WS-30 WS-31 WS-32 WS-33 WS-34 WS-35 WS-36 WS-37 WS-38 SMITH ST WS-14 240 E. Bethune Street NRHP Not Eligible WS-15 254 E. Bethune Street NRHP Not Eligible WS-16 266-266 1/2 Bethune Street NRHP Not Eligible WS-1 14-40 Custer Street NRHP Not Eligible WS-2 CBS Outdoor Advertising./Walker and Co./Cadillac Motor Car Company Plant #4 WS-17 240-242 Smith Street NRHP Not Eligible NRHP-Eligible WS-18 252-254 Smith Street NRHP Not Eligible WS-3 Detroit Police Department - Mounted Division NRHP-Eligible WS-19 258 Smith Street NRHP Not Eligible WS-4 234 Custer Street NRHP Not Eligible WS-20 264 Smith Street NRHP Not Eligible WS-5 245-249 Custer Street NRHP Not Eligible WS-21 7500 John R Street NRHP Not Eligible WS-6 253 Custer Street NRHP Not Eligible WS-22 7522 John R Street NRHP Not Eligible WS-7 211 E. Bethune Street NRHP Not Eligible WS-23 7618 John R Street NRHP Not Eligible WS-24 48-52 Chandler Street NRHP Not Eligible WS-8 219 E. Bethune Street NRHP Not Eligible WS-25 Henry L. and California Obetz House NRHP-Eligible WS-9 223 E. Bethune Street NRHP Not Eligible WS-10 235 E. Bethune Street NRHP Not Eligible WS-26 Sol and Ida Cohn House NRHP-Eligible WS-11 247-247 1/2 E. Bethune Street NRHP Not Eligible WS-27 67-71 Chandler Street NRHP Not Eligible WS-12 259-263 E Bethune Street NRHP Not Eligible WS-28 77 Chandler Street NRHP Not Eligible WS-13 234 E. Bethune Street NRHP Not Eligible WS-29 99 Chandler Street NRHP Not Eligible KEY - WOODWARD STREETCAR PROJECT SMITH STREET VSMF SITE WS-11 WS-12 WS-20 WS-16 WS-38 WS-35 WS-37 WS-36 WS-34 WS-6 WS-19 WS-5 WS-15 WS-18 WS-32 WS-10 WS-33 WS-17 WS-9 WS-31 WS-13 WS-14 WS-4 WS-8 WS-30 3-41 3-41 JOHN R ST WS-7 WS-22 WS-21 WS-23 KEY - WOODWARD LRT PROJECT WS-26 WS-29 3-35 7450 Woodward Avenue NRHP Not Eligible Michigan Bell Telephone Company Madison Central Exchange Building NRHP-Eligible 7740 Woodward Avenue NRHP Not Eligible Metropolitan United Methodist Church NRHP-Listed Wellington Place Apartments NRHP Not Eligible WS-28 TPSS #7 WS-3 E BETHUNE ST 3-5 3-6 3-7 3-9 3-11 3-6 WS-25 WS-27 3-22 3-75 3-15 3-14 WS-24 3-19 3-36 3-39 3-13 3-17 3-40 3-33 3-32 3-27 3-24 3-8 3-16 3-20 3-9 WS-2 3-4 3-5 3-7 3-3 WS-1 4-121 GR 3-28 3-25 3-21 3-23 3-10 3-18 W BETHUNE ST 3-34 3-31 3-26 3-29 3-11 TPSS #6 3-30 3-37 BETHUNE STREET VSMF SITE Space Intentionally Left Blank CUSTER STREET VSMF SITE 3-74 EAST ST LOTHROP RD 3-12 PALLISTER ST 3-38 TPSS #5 3-74 3-74 DELAWARE ST 3-38 3-2 1 INCH = 400 FEET WOODWARD AVENUE STREETCAR PROJECT 0 Parcel Traction Power Substation (TPSS) Woodward Streetcar Alignment Preferred Traction Power Substation (TPSS) Proposed Station Alternate Traction Power Substation (TPSS) 400 Feet Construction Staging Area Alternate Vehicle Storage Maintenance Facility Preferred Vehicle Storage and Maintenance Facility X-X NRHP-Listed Property X-X NRHP-Listed District X-X National Historic Landmark X-X X-X NRHP-Eligible Property NRHP Not Eligible Area of Potential Effects Area of Potential Effects and National Register of Historic Places Eligibility Determinations January 2013 Sheet 4 of 4 Appendix F Section 106 Correspondence and Draft Memorandum of Agreement (MOA) Woodward Avenue Streetcar Supplemental Environmental Assessment This page intentionally left blank. Woodward Avenue Streetcar Supplemental Environmental Assessment Appendix F Table of Contents Section 106 Correspondence and Draft Memorandum of Agreement (MOA) Section 106 Correspondence ..................................................................................... F-3 October 2012 FTA Letter to Consulting Parties and Tribes to reinitiate consultation regarding the Project ................................................ F-3 January 2013 FTA Letter to Consulting Parties and Tribes to request comments on the Section 106 Application to SHPO ....................... F-6 Letters received from Consulting Parties or Tribes ........................................... F-8 January 2013 Notification of Adverse Effect Letter from SHPO to FTA ......... F-9 February 2013 Determinations of Effect for the Woodward Avenue Streetcar Project from FTA ..................................................................................... F-14 Draft Memorandum of Agreement ......................................................................... F-17 Woodward Avenue Streetcar F-1 Supplemental Environmental Assessment This page intentionally left blank. Woodward Avenue Streetcar F-2 Supplemental Environmental Assessment Woodward Avenue Streetcar F-3 Supplemental Environmental Assessment Woodward Avenue Streetcar F-4 Supplemental Environmental Assessment Woodward Avenue Streetcar F-5 Supplemental Environmental Assessment Woodward Avenue Streetcar F-6 Supplemental Environmental Assessment Woodward Avenue Streetcar F-7 Supplemental Environmental Assessment Woodward Avenue Streetcar F-8 Supplemental Environmental Assessment Woodward Avenue Streetcar F-9 Supplemental Environmental Assessment Woodward Avenue Streetcar F-10 Supplemental Environmental Assessment Woodward Avenue Streetcar F-11 Supplemental Environmental Assessment Woodward Avenue Streetcar F-12 Supplemental Environmental Assessment Woodward Avenue Streetcar F-13 Supplemental Environmental Assessment Woodward Avenue Streetcar F-14 Supplemental Environmental Assessment Woodward Avenue Streetcar F-15 Supplemental Environmental Assessment Woodward Avenue Streetcar F-16 Supplemental Environmental Assessment AMENDED MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL TRANSIT ADMINSTRATION AND THE MICHIGAN STATE HISTORIC PRESERVATION OFFICE REGARDING THE WOODWARD AVENUE STREETCAR PROJECT IN DETROIT, MICHIGAN WHEREAS, the Woodward Avenue Light Rail Transit (LRT) Project was abandoned after issuance of the Record of Decision; and WHEREAS, the Federal Transit Administration (FTA) is proposing to provide funding to the Michigan Department of Transportation (MDOT) to construct the Woodward Avenue Streetcar Project from downtown Detroit north to near Chandler Street (the Project), and FTA has determined the Project to be a Federal undertaking subject to the National Historic Preservation Act, 16 USC §470 (NHPA); and WHEREAS, the MDOT has agreed to act as project sponsor for the Project, which is substantially similar to Alternative B-3 as analyzed for the LRT Project; and WHEREAS, M-1 Rail will fund, construct, and operate the Project for a period of years; and WHEREAS, the FTA and the Michigan State Historic Preservation Office (SHPO) have, pursuant to Stipulation IV Administrative Provisions, Section E of the Memorandum of Agreement (MOA) enacted June 3, 2011, have agreed to amend the MOA to reflect the addition of the MDOT and M-1 Rail as invited signatories, and the removal of the City of Detroit as an invited signatory, and changes in project scope, Area of Potential Effects and effects; and WHEREAS, this Amended MOA supersedes the MOA enacted June 3, 2011; and WHEREAS, FTA has determined that the Project would introduce elements that would result in adverse effects on the following five historic properties: • • • • • the First Federal Building; the Grand Circus Park Historic District; the Col. Frank J. Hecker House; the East Ferry Avenue Historic District; the Woodward-West Palmer-Cass-West Kirby Historic District; WHEREAS, the FTA has consulted with the SHPO about the Project in accordance with the regulation implementing Section 106 of the NHPA (36 CFR part 800); and WHEREAS, the FTA notified the Advisory Council on Historic Preservation (ACHP) about the adverse effects of the Project, and the ACHP declined to participate in the 1 Section 106 consultation for this Project (ACHP has been notified and FTA is awaiting a response); and WHEREAS, the organizations and tribes listed in Exhibit 1 have been treated as consulting parties in the Section 106 review process in accordance with 36 CFR 800.2(c)(3); and WHEREAS, the FTA, in consultation with SHPO, and the other consulting parties, determined the Area of Potential Effects (APE) for the Project pursuant to 36 CFR 800.4(a) (Exhibit 2), identified and evaluated the properties listed on, or eligible for listing on, the National Register of Historic Places (NRHP) within that APE pursuant to 36 CFR 800.4(b)-(d), and assessed the adverse effects of the Project on the identified historic properties in accordance with 36 CFR 800.5; and WHEREAS, the various Section 106 determinations and evaluations and this Agreement were developed with appropriate public involvement (pursuant to 36 CFR 800.2(d) and 800.6(a)), coordinated with the scoping process, the process for public review and comment, and the public hearings conducted to comply with NEPA and its implementing regulations; and NOW, THEREFORE, the FTA and the Michigan SHPO (collectively referred to as “Signatories”) agree that the Project will be implemented in accordance with the following stipulations. STIPULATIONS FTA will ensure that the terms of this Agreement are carried out and will require, as a condition of any approval of FTA funding for the Project, adherence to the stipulations of this Agreement. MDOT, the project sponsor, will take the lead in the implementation of each stipulation unless otherwise noted in the stipulation. I. HISTORIC CONTEXT AND DESIGN A. The MDOT and M-1 Rail shall require in final design contract(s) for the Project, that any element of the Project that has the potential to visually affect any one of the historic properties listed in this Agreement be designed to be compatible with its historic context. The Project design shall not include or allow the placement of large advertising billboards above any station where it would visually affect any one of the historic properties listed in this Agreement. Following the project’s completion, the MDOT and M-1 Rail will not allow the addition of any vertical elements or rooftop structures. B. The M-1 Rail design team will include a historical architect who meets the Secretary of the Interior’s Professional Qualifications (36 CFR Part 61) for that discipline. This historic preservation architect will guide all aspects of the compliance with this Agreement during design and construction of each 2 Project phase with the exception of those related to archaeology under Stipulation III, and will make presentations to SHPO and generate all reports to SHPO required by this Agreement. C. The MDOT and M-1 Rail, or its design contractors, shall hold Project design workshops with the SHPO and consulting parties at approximately the 30%, 60%, and 90% stage of Project design for each phase of the Project to review and discuss proposed design plans for all elements of the Project with the potential to adversely affect any historic properties. D. The MDOT and M-1 Rail shall submit the design coming out of each design workshop prescribed in Stipulation I.C to the SHPO for comment or approval. If the SHPO does not respond to a submission of drawings within 21 days, the MDOT and M-1 Rail shall deem that the SHPO has approved that design. E. The historical architect working on the Project under Stipulation I.B shall be selected in consultation with SHPO and shall be responsible for assisting SHPO in all reviews and approvals required of SHPO by this Agreement. II. NRHP NOMINATIONS A. The MDOT and M-1 Rail shall complete a NRHP nomination for the Woodward-West Palmer-Cass-West Kirby Historic District and First Federal Building, which have been determined eligible for listing in the NRHP. The nomination shall meet the standards and requirements of the NRHP and the Michigan SHPO. Final products for the nomination shall include the following: (1) two original copies of the nomination form; (2) photographs; (3) Site Plan; (4) one CD-R containing color images in tiff to be submitted to the National Park Service as part of the National Register nomination package (Images must be formatted and labeled and the CD-R labeled in accordance with the National Register’s requirements), and one CD-R containing the same images in jpeg for the review board presentation; and (5) copies of all research materials. The NRHP nomination shall be developed in consultation with the SHPO by or under the direct supervision of the person who fulfills the Secretary of the Interior’s Professional Qualifications (36 CFR Part 61) as an architectural historian. III. ARCHAEOLOGICAL RESOURCES A. The MDOT and M-1 Rail will develop a program of construction monitoring in all portions of the streetcar corridor and passenger station locations that have the potential to affect elements of the pre-1805 city. This includes all portions of the proposed project south of Grand Circus Park. Archaeological deposits at the Original Protestant Cemetery (20WN379) were encountered approximately 1 m (3.28 ft.) below grade. As such, all ground-disturbing activities reaching and/or extending beyond 0.6 m (24 in) 3 below grade in the areas south of Grand Circus Park shall be monitored by a professional archaeologist who meets the Secretary of Interior’s qualifications for that discipline (36 CFR Part 61). B. If unanticipated archaeological artifacts, structures, human remains, or other archaeological resources are encountered, the MDOT and M-1 Rail will: (1) stop work involving subsurface ground disturbance in the area of the find and, as determined by the professional archeologist, in the surrounding area where further subsurface finds can be reasonably expected; (2) notify the SHPO, and Indian tribes (if appropriate), about the discovery; (3) have the archaeologist investigate the discovery and recommend to SHPO either: (a) that construction be permitted to resume, or (b) that the discovery be further investigated and if MDOT and M-1 Rail determine, consultation undertaken, to determine if it is eligible for the NRHP. Construction may resume if the qualified archaeologist so recommends and SHPO agrees. Should SHPO fail to respond within 21 calendar days after receipt of the notification and investigation, the MDOT and M-1 Rail shall proceed in accordance with the qualified archaeologist’s recommendation. C. If the qualified archaeologist recommends further investigation of the discovery, an expedited process shall be followed in accordance with 36 CFR 800.13(b) which: (1) determines the eligibility of the archaeological resource; (2) if the resource is deemed eligible and SHPO agrees, determines the extent of the resource affected by the Project; (3) considers Project changes to avoid an eligible archaeological resource, if feasible; (4) develops a data recovery plan if the resource is not avoidable; (5) executes the data recovery plan for the resource; and (6) curates the results. Details of these activities shall be expeditiously developed and executed by the qualified archaeologist in consultation with SHPO. SHPO’s failure to respond within seven days of any written request for comment or concurrence shall be deemed concurrence. D. The MDOT and M-1 Rail shall develop a preliminary data recovery plan before construction begins and must submit that data recovery plan to SHPO for approval before construction may begin. IV. ADMINISTRATIVE PROVISIONS A. Implementation Schedule. The MDOT and M-1 Rail shall develop a schedule for the implementation of the provisions of this Agreement (schedule should be developed before construction begins and included as an attachment to the Agreement). The schedule will include milestones for completion of deliverables and will be posted on the Project website. The MDOT and M-1 Rail will update the schedule, as necessary, and will include an up-to-date schedule in each monitoring report required by Stipulation IV.C below. 4 B. Dispute Resolution 1. In the event SHPO objects in writing to any design or submission presented pursuant to this Agreement within the timeframe specified in this Agreement or, if no timeframe is specified, within 21 calendar days of its receipt, the FTA will consult further with SHPO to seek resolution. If either the FTA or SHPO determines that SHPO and the FTA cannot resolve the objection, FTA will invite the ACHP to review all documentation relevant to the dispute, including FTA’s proposed resolution. The FTA will prepare the documentation about the subject of the dispute required by 36 CFR 800.11(g) for transmittal by FTA to ACHP with FTA's proposed resolution. ACHP is expected to provide its comments to FTA within 30 days of receipt of the documentation. FTA will then take these comments into account in reaching a final decision concerning the dispute. If ACHP fails to respond within the 30-day period, then FTA will assume that ACHP has no comment and proceed with its final decision. 2. Should the SHPO or the FTA object in writing within 30 (thirty) days to any action proposed pursuant to this Agreement, the FTA shall consult with the objecting party to resolve the objection. If the FTA determines that the objection cannot be resolved, the FTA shall forward all documentation relevant to the dispute to the Advisory Council on Historic Preservation (Council). Within 45 (forty-five) days after receipt of all pertinent documentation, the Council will either: (1) provide the FTA with recommendations, which the FTA will take into account in reaching a final decision regarding the dispute; or (2) Notify the FTA that it will comment pursuant to 36 CFR 800.7(c) and proceed to comment. Any Council comment provided in response to such a request will be taken into account by FTA in accordance with 36 CFR 800.7(c)(4) with reference to the subject of the dispute. 3. This process for resolving disputes will pertain only to the subject of the dispute. The responsibilities of the Signatories to implement all actions pursuant to this Agreement that are not affected by the dispute remain unchanged. C. Monitoring and Reporting 1. Any Signatory to this Agreement may request in writing, at any time, a review of the implementation of the terms of this Agreement. Such review shall take place through a meeting or a conference telephone call within two weeks of the request unless extended for good cause. 2. Quarterly & Semi Annual Reports: During the final design and construction of the Project, a meeting or conference call between the 5 SHPO and the MDOT and M-1 Rail shall be held on a quarterly basis for the first year following the implementation of this Agreement. If, after the first year, it is determined that semi-annual meetings would be sufficient, the meetings shall be held every six months. If it is determined that quarterly meetings are beneficial, then the parties shall continue to meet every three months. During the final design and construction of the Project, the MDOT and M-1 Rail shall report every three months to the other Signatories through a meeting, a conference call, or a written memorandum, the status of the implementation of this Agreement. 3. A report shall be posted on the Project’s public website and shall include any scheduling changes proposed, any problems encountered, and any disputes or objections received during efforts to carry out the terms of the Agreement. Sensitive information about the location of archaeological resources or traditional cultural resources shall be withheld from the written reports. 4. The SHPO may monitor activities carried out pursuant to this Agreement at the SHPO’s discretion upon reasonable notice. D. Emergency Situations: Immediate rescue and salvage operations conducted to preserve life or property are exempt from the provisions of Section 106 of the NHPA and this Agreement. In the event that an emergency situation should occur during the Project, FTA shall follow the provisions of 36 CFR 800.12. The FTA will provide an incident report to the SHPO detailing any effects to historic properties as a result of said operations. E. Amendments of this Agreement: 1. This Agreement may be amended when such an amendment is agreed to in writing by all Signatories. Any signatory to this Agreement may propose to the other Signatories in writing that it be amended, whereupon the Signatories will consult in accordance with 36 CFR 800.6(c)(7) to consider such an amendment. 2. The amendment will be effective on the date a copy signed by all of the Signatories is filed with the Advisory Council. F. Termination 1. This Agreement will terminate upon completion of construction of the Project or 5 years after it was submitted to the ACHP, whichever occurs first. 2. Any signatory to this Agreement may terminate it by providing ninety (90) days written notice to the other parties, provided that the parties will 6 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 FTA will comply with 36 CFR Sections 800.3 through 800.13 with regards to the undertakings covered in this Agreement. 3. The signatory proposing to terminate this Agreement shall so notify all Signatories in writing to this Agreement explaining the reasons for termination and affording at least sixty (60) days to consult and seek alternatives to termination. The Signatories shall then consult. 4. Should such consultation fail, the FTA or the SHPO may terminate the Agreement by so notifying all Signatories in writing. Should this Agreement be terminated, the FTA shall either: (a) consult in accordance with 36 CFR § 800.6 to develop a new Agreement; or (b) request the comments of the Council pursuant to 36 CFR § 800.7. Upon termination of the Agreement, FTA may cancel its involvement in the project and recover all FTA funds dedicated to the project. G. Execution of Counterparts. This Agreement may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Signed signature pages may be transmitted by facsimile or email, and any such signature shall have the same legal effect as an original. EXECUTION of this Memorandum of Agreement by the FTA, the MDOT, M-1 Rail, and the Michigan SHPO, the submission of documentation and filing of this Memorandum of Agreement with the ACHP, pursuant to 36 CFR 800.6(b)(1)(iv), and implementation of its terms evidence that FTA has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment. Signatories FEDERAL TRANSIT ADMINISTRATION By: ___________________________________________ Date: _______________ Name: Marisol Simon Title: FTA Regional Administrator MICHIGAN STATE HISTORIC PRESERVATION OFFICER By: ___________________________________________ Date: _______________ Name: Brian D. Conway Title: Michigan State Historic Preservation Officer 7 Invited Signatories MICHIGAN DEPARTMENT OF TRANSPORTATION By: ___________________________________________ Date: _______________ Name: Mark A. Van Port Fleet Title: Director, Bureau of Development M-1 RAIL By: ___________________________________________ Date: _______________ Name: Paul Childs Title: Chief Operating Officer, M-1 RAIL, a Michigan nonprofit corporation CITY OF DETROIT By: ___________________________________________ Date: _______________ Name: Ron Brundidge Title: Director of Department of Public Works 8 Appendix G Public Meeting Summary and Non-motorized Meeting Minutes Woodward Avenue Streetcar Supplemental Environmental Assessment This page intentionally left blank. Woodward Avenue Streetcar Supplemental Environmental Assessment Appendix G Table of Contents Public Meeting Summary and Non-Motorized Meeting Minutes August 2012 Public Meeting Summary ................................................................... G-3 Non-Motorized Meeting Minutes ........................................................................... G-34 November 14, 2012 The City of Detroit Non-Motorized Facilities Task Force ............................................................................................... G-34 January 3, 2013 Non-Motorized Meeting ....................................................... G-36 Woodward Avenue Streetcar G-1 Supplemental Environmental Assessment This page intentionally left blank. 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