appendix e area of potential effects (ape) maps · appendix e area of potential effects (ape) maps...

Woodward Avenue Streetcar Supplemental Environmental Assessment

Appendix E Area of Potential Effects (APE) Maps


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C I T Y O F C I T Y O F H I G H L A N D P A R KH I G H L A N D P A R K

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Woodward AvenueStreetcar Project

January 2013

Location Map

WOODWARD AVENUESTREETCAR PROJECT 0 1,500 3,000 Feet

F1 INCH = 1,536 FEETWoodward Streetcar Alignment Alternate

Vehicle Storage Maintenance Facility (VSMF)

Proposed Station k AlternateTraction Power Substation (TPSS)

!(

PreferredVehicle Storage Maintenance Facility (VSMF)k Preferred

Traction Power Substation (TPSS)

Construction Staging Area (CSA)

1-3

1-25

1-18

1-21

1-24

1-25

1-24 1-24

1-21

1-18

1-18

1-18

1-3

1-3

1-3

1-301-31

1-6

1-29

1-11

1-13

1-27

1-26

1-10

1-7

1-22

1-28

1-4

1-32

1-33

1-5

1-17

1-8

4-121

1-23

1-1

1-2

1-15

1-12

1-19

1-16

1-9

1-14

1-20

1-34

1-35

CAMPUS MARTIUSGRAND CIRCUS PARKFOXTOWNSIBLEYCONGRESS

Construction Staging Area #1


TPSS #2

TPSS #1

SIBLEY

DETR

OIT R

IVER

S I 75N

I 75

BRUSH ST

CASS AVE

FIRST ST

BEAUBIEN ST

WOODWARD AVE

CLIFFORD ST

GRISWOLD ST

ATW

ATER

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RY ST

WASHINGTON BLVD

N I 75 SER

VICE D

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GRATIOT AVE

W FO

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STAT

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FARMER ST

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MONROE ST

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BAGLEY ST

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W JEFFER

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W ELIZA

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TIMES SQ

WITHERELL ST

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CADI

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RANDOLPH ST

CENTRE S

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SERVIC

E DR

IVE

AUDITORIUM DR

RA

ND

OLP

H S

T

BEAUBIEN ST

SHELBY ST

JOHN R ST

MAD

ISON

ST

E JEFFERSO

N AVE

STAT

E ST

WIN

DER

ST

PARK AVE

W C

OLU

MB

IA ST

Sheet 1 of 4

Area of Potential Effects andNational Register of Historic Places

Eligibility DeterminationsJanuary 2013

X-X NRHP-Listed Property

NRHP-Listed District

National HistoricLandmark

X-X

X-X

NRHP-Eligible PropertyX-X

NRHP Not Eligible

Area of Potential Effects

X-X

Parcel

Construction Staging Area

Woodward Streetcar Alignment

Proposed Station

Vehicle Storage Maintenance Facility

1 INCH = 400 FEET

0 400 Feet

WOODWARD AVENUESTREETCAR PROJECT

KEY - WOODWARD LRT PROJECT

1-1 Cobo Convention and Exhibition Center NRHP Not Eligible1-2 Pontchartrain Hotel NRHP Not Eligible1-3 Detroit Financial District Historic District NRHP-Listed1-4 Guardian Building National Historic Landmark NRHP-Listed1-5 Coleman A. Young Municipal Center NRHP-Eligible1-6 Wayne County Building NRHP-Listed1-7 Lawyers Building NRHP-Listed1-8 130 Cadillac Square NRHP-Eligible1-9 124 Cadillac Square NRHP Not Eligible1-10 Vinton Building NRHP-Listed1-11 State Savings Bank NRHP-Listed1-12 Fort Washington Plaza NRHP Not Eligible1-13 Detroit Club NRHP-Listed1-14 1010 Washington Boulevard NRHP Not Eligible1-15 1020 Washington Boulevard NRHP Not Eligible1-16 Pulaski Monument NRHP Not Eligible1-17 Gabriel Richard Building NRHP-Eligible

1-18 Washington Boulevard Historic District NRHP-Listed1-19 Gateway Center Building NRHP Not Eligible1-20 200 Grand River Avenue NRHP Not Eligible1-21 Capitol Park Historic District NRHP-Listed1-22 Michigan Soldiers' and Sailors' Monument NRHP-Listed1-23 First Federal Building NRHP-Eligible1-24 Lower Woodward Avenue Historic District NRHP-Listed1-25 Grand Circus Park Historic District NRHP-Listed1-26 Central United Methodist Church NRHP-Listed1-27 Francis Palms Building and State Theater NRHP-Listed1-28 Fox Theatre Building National Historic Landmark NRHP-Listed1-29 St. John’s Episcopal Church NRHP-Listed1-30 John J. Bagley Memorial Fountain NRHP-Listed1-31 Barlum Tower NRHP-Listed1-32 New Cadillac Square Apartments NRHP-Eligible1-33 Detroit Public Library Downtown Branch NRHP-Eligible1-34 313 Michigan Avenue NRHP Not Eligible1-35 317 Michigan Avenue NRHP Not Eligible4-121 Woodward Avenue NRHP-Eligible


Alternate Traction Power Substation (TPSS)

Preferred Traction Power Substation (TPSS)

2-4

2-4

2-21

2-33

2-16

2-33

2-22-32-7

2-18

2-232-24

2-26

2-29

2-312-32

2-34

2-352-36

2-17WS-39

2-6

2-5

4-121

2-1

2-12

2-13

2-14

2-192-20

2-222-25

2-27

2-28

2-30

2-15 2-11 2-8

2-102-9

SIBLEYMLK

WARREN CANFIELD



TPSS #3

WARREN

CASS AVE

JOHN R ST

WOODWARD AVE

BEAUBIEN ST

MA

CK

AVE

W FO

REST AVE

TEMPLE ST

BRUSH ST

PARK AVE

ALFR

ED ST

W W

ILLI

S ST

ELIOT ST

E HA

NC

OC

K ST E C

AN

FIELD ST

CH

AR

LOTTE ST

W H

AN

CO

CK

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AD

ELAID

E ST

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AT STW A

LEXA

ND

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PREN

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ST

SELDEN

ST

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W STIM

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PETERB

OR

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BR

AIN

AR

D S

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WATSO

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EDM

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W C

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FIELD ST

SAINT ANTOINE ST

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GA

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AD

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DAV

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ST

BEN

TON

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CLIFFORD ST

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T

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T ST

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SON

ST

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Sheet 2 of 4


Eligibility Determinations


2-1 33 Temple Street NRHP Not Eligible2-2 First Unitarian Church of Detroit NRHP-Listed2-3 First Presbyterian Church NRHP-Listed2-4 Midtown Woodward Historic District NRHP-Listed2-5 Peterboro-Charlotte Historic District NRHP-Eligible2-6 Clarence Burton School NRHP-Nominated2-7 Temple Beth-El NRHP-Listed2-8 3401 Cass Avenue NRHP Not Eligible2-9 131 Stimson Street NRHP Not Eligible2-10 138 Stimson Street NRHP Not Eligible2-11 3443 Cass Avenue NRHP Not Eligible2-12 3433 Woodward Avenue NRHP Not Eligible2-13 33 Eliot Street NRHP Not Eligible2-14 3510 Woodward Avenue NRHP Not Eligible2-15 3475 Cass Avenue NRHP Not Eligible2-16 Cass-Davenport Historic District NRHP-Listed2-17 Hotel Stevenson NRHP-Listed2-18 Orchestra Hall NRHP-Listed

2-19 Professional Plaza Concourse Building NRHP Not Eligible2-20 Professional Plaza NRHP Not Eligible2-21 Willis-Selden Historic District NRHP-Listed2-22 4100 Woodward Avenue NRHP Not Eligible2-23 Garden Bowl NRHP-Listed2-24 Majestic Theater NRHP-Listed2-25 4152 Woodward Avenue NRHP Not Eligible2-26 Detroit Edison Company Willis Avenue Station NRHP-Listed2-27 4200 Woodward Avenue NRHP Not Eligible2-28 4257 Woodward Avenue NRHP Not Eligible2-29 David Whitney House NRHP-Listed2-30 Museum of Contemporary Art Detroit NRHP Not Eligible2-31 Edwin S. George Building NRHP-Listed2-32 First Congregational Church NRHP-Listed2-33 Warren-Prentis Historic District NRHP-Listed2-34 Cathedral Church of St Paul Complex NRHP-Listed4-121 Woodward Avenue NRHP-Eligible

January 2013




X-X

X-X


NRHP Not Eligible


X-X

Parcel




Proposed Station

Vehicle Storage Maintenance Facility

1 INCH = 400 FEET

0 400 Feet


KEY - WOODWARD STREETCAR PROJECT

WS-39 Graybar Electric Company Building NRHP-Listed

Preferred Traction Power Substation (TPSS)

AlternateTraction Power Substation (TPSS)

2-33

2-37

2-37

2-43

2-43

2-54

2-57

2-34

2-352-36

2-392-42

2-51

2-61 2-38

2-44

2-58

2-60

2-60

3-74

3-74

4-121

WS-2

WS-3

WS-2

3-1

3-2

3-3

3-53-4

2-40

2-59

2-41

2-45

2-46

2-47

2-482-49

2-50

2-522-53

2-552-56

WS-14

WS-22

WS-13

WS-1

WS-6

WS-11WS-12

WS-8

WS-15

WS-10

WS-5

WS-7

WS-16WS-16

WS-10

WS-23 WS-21

WS-4WS-9

WARREN FERRY GRAND AMSTERDAM (FUTURE)AMTRAK

TPSS #6TPSS #7

TPSS #4

AMSTERDAM STREET VSMF SITE

CUSTER STREET VSMF SITE

BETHUNE STREET VSMF SITE

LOTH

RO

P R

D

CU

STER

ST

W B

ETH

UN

E ST

E B

ETH

UN

E ST

E I 94

W I 94

BRUSH ST

JOHN R ST

CASS AVE

THIRD ST

WOODWARD AVE

W G

RA

ND

BLV

D

LOTH

RO

P R

D

YOR

K S

T W P

ALM

ER S

T

E FERRY ST

HO

RTO

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T

HEN

DR

IE ST

W W

AR

REN

AVE

HA

RPER

AVE

PIQ

UET

TE S

T

MED

BU

RY ST

E PALM

ER ST

W B

ALT

IMO

RE

ST

W M

ILW

AU

KEE

ST

BU

RR

OU

GH

S PL

AM

STER

DA

M S

T

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RA

ND

BLV

D

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RR

EN AVE

E M

ILW

AU

KEE

ST

E B

ALT

IMO

RE

ST

AN

TOIN

ETTE

ST

ANTHONY WAYNE DR

E KIR

BY ST

FRED

ERIC

K ST

PUTN

AM

ST

SECOND AVE

W K

IRB

Y ST

END

ICO

TT S

T

W FER

RY ST

E I 94 SERVIC

E DR

IVE

FAR

NSW

OR

TH ST

AN

TOIN

ETTE ST

W G

RA

ND

BLV

D

W W

AR

REN

AVE

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RR

EN AVE

FAR

NSW

OR

TH ST

Sheet 3 of 4




2-33 Warren-Prentis Historic District NRHP-Listed2-35 Samuel L. Smith House NRHP-Listed2-36 Maccabees Building NRHP-Listed2-37 Cultural Center Historic District NRHP-Listed2-38 Detroit Historical Museum NRHP-Eligible2-39 The Wardell NRHP-Listed2-40 5435 Woodward Avenue NRHP Not Eligible2-41 The Detroit Institute for Children NRHP Not Eligible2-42 Col. Frank J. Hecker House NRHP-Listed2-43 East Ferry Avenue Historic District NRHP-Listed2-44 Barlum Apartments Building NRHP-Eligible2-45 5708 Woodward Avenue NRHP Not Eligible

2-46 5734 Woodward Avenue NRHP Not Eligible2-47 5743 Woodward Avenue NRHP Not Eligible2-48 5750 Woodward Avenue NRHP Not Eligible2-49 5764 Woodward Avenue NRHP Not Eligible2-50 5925 Woodward Avenue NRHP Not Eligible2-51 St. Joseph's Episcopal Church NRHP-Listed2-52 5955 Woodward Avenue NRHP Not Eligible2-53 5959 Woodward Avenue NRHP Not Eligible2-54 New Amsterdam Historic District NRHP-Listed2-55 6064 Woodward Avenue NRHP Not Eligible2-56 6080 Woodward Avenue NRHP Not Eligible2-57 Piquette Avenue Industrial Historic District NRHP-Listed

2-58 Conrail and Grand Trunk Western Railroad Bridges NRHP-Eligible2-59 Cass Avenue Conrail and Grand Trunk Western Railroad Bridges NRHP Not Eligible2-60 New Center Commercial Historic District NRHP-Eligible2-61 Woodward-West Palmer-Cass-West Kirby Historic District NRHP-Eligible3-1 Boulevard Building NRHP Not Eligible3-2 YouthVille Detroit Building NRHP Not Eligible3-3 7400 Woodward Avenue NRHP Not Eligible3-4 25 Horton Street NRHP Not Eligible3-5 7450 Woodward Avenue NRHP Not Eligible3-74 New Center Area Historic District NRHP-Eligible4-121 Woodward Avenue NRHP-Eligible

January 2013




X-X

X-X


NRHP Not Eligible


X-X

Parcel




Proposed Station Alternate Vehicle Storage Maintenance Facility


WS-1 14-40 Custer Street NRHP Not EligibleWS-2 CBS Outdoor Advertising/ Walker and Co./Cadillac Motor Car Co, Plant #4 NRHP-EligibleWS-4 234 Custer Street NRHP Not Eligible


1 INCH = 400 FEET

0 400 Feet

PreferredTraction Power Substation (TPSS)

Construction Staging Area (Amsterdam VSMF)

3-383-38

3-41 3-41

3-12

3-26

3-9

3-18

3-27

3-213-23

3-33 3-16

3-25

3-37

3-103-28

3-36

3-35

3-6

3-243-32

3-74

3-74

3-74

4-121

WS-26

WS-2

WS-3

WS-25 WS-2

WS-30

3-23-34

3-20

3-11

3-19

3-7

3-40

3-39 3-17

3-3

3-5

3-31

3-30

3-13

3-8

3-29

3-4

3-143-22 3-153-75

WS-14

WS-22

WS-13

WS-1

WS-18

WS-6

WS-11WS-12

WS-8

WS-15

WS-10

WS-5

WS-7

WS-16WS-16

WS-17

WS-10

WS-19

WS-20

WS-23 WS-21

WS-24

WS-27

WS-28

WS-29

WS-34 WS-32

WS-4WS-33

WS-31WS-31

WS-35WS-36

WS-37WS-38

WS-9

GRAND

TPSS #5TPSS #6

TPSS #7

CUSTER STREET VSMF SITE

BETHUNE STREET VSMF SITE

SMITH STREET VSMF SITE

JOHN R ST

LOTH

RO

P R

D

CU

STER

ST

W B

ETH

UN

E ST

PALL

ISTE

R S

T

E B

ETH

UN

E ST

SMIT

H S

T

EAST ST

DEL

AWA

RE

ST

Sheet 4 of 4




3-5 7450 Woodward Avenue NRHP Not Eligible3-6 Michigan Bell Telephone Company Madison Central Exchange Building NRHP-Eligible3-7 7740 Woodward Avenue NRHP Not Eligible3-9 Metropolitan United Methodist Church NRHP-Listed3-11 Wellington Place Apartments NRHP Not Eligible

January 2013



National Historic LandmarkX-X


NRHP Not Eligible


X-X

Parcel

Construction StagingArea



Proposed Station

Alternate Vehicle Storage Maintenance Facility


WS-1 14-40 Custer Street NRHP Not EligibleWS-2 CBS Outdoor Advertising./Walker and Co./Cadillac Motor Car Company Plant #4NRHP-EligibleWS-3 Detroit Police Department - Mounted Division NRHP-EligibleWS-4 234 Custer Street NRHP Not EligibleWS-5 245-249 Custer Street NRHP Not EligibleWS-6 253 Custer Street NRHP Not EligibleWS-7 211 E. Bethune Street NRHP Not EligibleWS-8 219 E. Bethune Street NRHP Not EligibleWS-9 223 E. Bethune Street NRHP Not EligibleWS-10 235 E. Bethune Street NRHP Not EligibleWS-11 247-247 1/2 E. Bethune Street NRHP Not EligibleWS-12 259-263 E Bethune Street NRHP Not EligibleWS-13 234 E. Bethune Street NRHP Not Eligible

WS-14 240 E. Bethune Street NRHP Not EligibleWS-15 254 E. Bethune Street NRHP Not EligibleWS-16 266-266 1/2 Bethune Street NRHP Not EligibleWS-17 240-242 Smith Street NRHP Not EligibleWS-18 252-254 Smith Street NRHP Not EligibleWS-19 258 Smith Street NRHP Not EligibleWS-20 264 Smith Street NRHP Not EligibleWS-21 7500 John R Street NRHP Not EligibleWS-22 7522 John R Street NRHP Not EligibleWS-23 7618 John R Street NRHP Not EligibleWS-24 48-52 Chandler Street NRHP Not EligibleWS-25 Henry L. and California Obetz House NRHP-EligibleWS-26 Sol and Ida Cohn House NRHP-EligibleWS-27 67-71 Chandler Street NRHP Not EligibleWS-28 77 Chandler Street NRHP Not EligibleWS-29 99 Chandler Street NRHP Not Eligible

WS-30 Terrace Apartments NRHP-EligibleWS-31 220 Chandler Street NRHP Not EligibleWS-32 240 Chandler Street NRHP Not EligibleWS-33 231 Chandler Street NRHP Not EligibleWS-34 241 Chandler Street NRHP Not EligibleWS-35 251 Chandler Street NRHP Not EligibleWS-36 246-250 Chandler Street NRHP Not EligibleWS-37 260 Chandler Street NRHP Not EligibleWS-38 261 Chandler Street NRHP Not Eligible

1 INCH = 400 FEET

0 400 Feet


Space Intentionally Left Blank

PreferredTraction Power Substation (TPSS)AlternateTraction Power Substation (TPSS)

PreferredVehicle Storage and Maintenance Facility

X-X


Appendix F Section 106 Correspondence and

Draft Memorandum of Agreement (MOA)

Woodward Avenue Streetcar F-1 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

1

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

2

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

3

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)

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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.

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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

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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

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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

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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


Appendix G Public Meeting Summary and

Non-motorized Meeting Minutes

Woodward Avenue Streetcar G-1 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

appendix e area of potential effects (ape) maps · appendix e area of potential effects (ape) maps...

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