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Section 106 Considerations for Electric Infrastructure Projects
1. SECTION 106
CONSIDERATIONS FOR
ELECTRIC INFRASTRUCTURE
PROJECTS
TM
Moving Power. Moving Forward
2. Overview
• Introduction to VELCO
• What are historic,
architectural, archaeological
and cultural resources?
• Preparing for Assessments
• Defining Area of Potential
Effects (APE)
• Identify and Evaluate
• Data Collection
Considerations
• Determining Effects
• Mitigation and Compliance
• Post Construction
Considerations
3. VELCO
• Founded 1956 as nation’s first “transmission only” company
• Assures competitive, equal access for energy providers and our
owners
• Owned by Vermont’s electric distribution utilities
• Project work driven by federally enforceable reliability standards
• Recent electric reliability projects include numerous substations and
high-voltage transmission lines
• VELCO’s transmission system includes:
• Over 700 miles of transmission lines
• 51 transmission facilities (substations, switching stations, etc)
• 12,250 acres of managed ROW
• 600 miles of fiber optic system
6. Preparing for an Archaeological
Assessment
• Comprehensive Project Understanding
– Route alignment
– Access constraints
– Anticipated impacts
– Schedule and budget
• Have a clear understanding of the regulatory requirements
– Understand the rules and regulations
– Know the regulatory staff and SHPOs
– Have a clear understanding of expectations and requirements
• Evaluate archaeological consulting firms
– Ensure availability of field crews
– Relevant project experience
– Review and understand overall approach
– Develop a team
7. Section 106 Process
• An "undertaking" means a
project, activity, or program
funded in whole or in part under
the direct or indirect jurisdiction of
a federal agency. "Federal"
means under the jurisdiction of a
federal agency
• Make sure you know if your
project requires a Federal
undertaking and what Federal
agency is the “Lead Agency”
8. Defining the
Area of Potential Effects (APE)
• Geographic area or areas
within which an undertaking
may directly or indirectly cause
alterations to the character of
historic sites and/or properties,
if any such areas exist.
• Seek input from project team in
the development of the APE to
ensure that it is accurate and
will meet all project needs.
– Include all project areas
• Changes to the APE during
permitting and/or construction
can be costly and cause
delays.
9. Identify and Evaluate
• “Scoping” or “accessing
information needs.”
• Seek information from
knowledgeable individuals,
organizations and tribes.
• Make a “reasonable and
good faith effort” to identify
historic properties.
• Determine whether historic
properties are eligible for
the National Register.
10. Evaluate risk of encountering
archaeological resources when making
siting decisions
11. Data Collection Considerations
• Use all project data to support archaeological SOW
development/assessment
– Environmental data
– Accurate topographic information
– Information from company files
• Data collection must be phased so that it can “build” upon itself
– Topographic surveys will support wetland and stream assessments
– Wetland, stream and topographic information is then provided to
archaeologists to support the sensitivity assessments
– Resource assessment scheduling and data management is critical
• Why is this important?
– Develop a comprehensive and accurate SOW
– Ultimately reduces costs and time associated with archaeological
assessments
12. Cultural Resource Field Surveys
• Level of effort
– Time & Costs
– Use company staff to support (e.g.
reviews of access, etc.)
• Field Work Considerations
– Scheduling and field conditions
– Access Constraints
– Capabilities of work crews
• Data collection
– Develop standards
– Accurate data is extremely
important
• Reporting & Management
• Reviews of reports and other
deliverables
• Early and frequent coordination with
regulatory agencies
13. Determining Effect
• Consult with Lead
Federal Agency
– Comments from SHPO,
tribes, regulators, and
interested parties
• Make finding – no historic
properties affected or no
adverse effect
• Federal Agency (as
appropriate) makes the
final judgment
• Document results
• Involve the public and
make findings available
15. Impact Mitigation
• Seek agreements on how
adverse effects will be
resolved
• Memorandum of
Agreement executed upon
signature of consulting
parties
• Negotiating Reasonable
Permit Conditions
• Consider on-going work
practices associated with
maintenance crews
• Control and track
commitments
16. Construction and Compliance
• Managing Identified
Cultural Resources
• Project Trainings
• Implement Impact
Mitigation Measures
– Matting, suitable ground
conditions, etc.
• Vehicular Barriers
• Monitoring/Oversight
• Reporting and Agency
Inspections
• Establish company
procedures
19. Final Thoughts and Questions
• Consult early and
often
• Be engaged
• Clearly define the APE
• Quality data is a
necessity
• Avoidance is preferred
– Be creative
• Consider maintenance
constraints
Editor's Notes
Federal undertakings usually take one of four forms: Actions directly carried out by, or on behalf of, a federal agency. Actions carried out with federal financial assistance. Actions requiring a federal license, permit, or approval. Actions subject to state or local regulation administered pursuant to a delegation or approval by a federal agency. Federal undertakings usually take one of four forms: Actions directly carried out by, or on behalf of, a federal agency. Actions carried out with federal financial assistance. Actions requiring a federal license, permit, or approval. Actions subject to state or local regulation administered pursuant to a delegation or approval by a federal agency. A state or local government project that is undertaken without federal funding, licensing, or permits is not subject to Section 106 review, even if it affects historic properties. It may, however, be subject to state or local preservation regulations.