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City of Prairie du Chien, WI

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

ApplicantWisconsin Emergency Management
Appeal Type1st
Project Number37
Date Signed2016-08-24T00:00:00

Issue

  • FEMA Region V had determined that the project to acquire and demolish a radio station did not comply with a condition in the Record of Environmental Consideration for the project. The site is near an un-catalogued archaeological site consisting a Native American burial area.
  • The Regional Administrator approved the appeal  based on additional information submitted by the Applicant.

Reason(s) for Approval

  • The Applicant submitted an after the fact archaeologist report outlining the results of post demolition field investigations of the site that indicates construction had been on disturbed soils and did not impact intact soil horizons.
  • In addition, an affidavit from the Compliance Archaeologist with the Division of Historic Preservation, Wisconsin Historical Society, was submitted in concurrence with the archaeologist's report findings.

Reference(s)

  • 44 CFR 206.440 HMGP Appeals
  • 44 CFR 206.434(c)(3) Minimum project criteria, Conformance with 44 CFR Part 10 Environmental Considerations 

Appeal Letter

Mr. Brian M. Satula, Administrator
Wisconsin Emergency Management
2400 Wright Street,
P.O. Box 7865
Madison, Wisconsin 53707-7865
Attn: Ms. Katie Sommers, State Hazard Mitigation Officer

Re: City of Prairie du Chien First Appeal- FEMA-1933.37-DR-WI

Dear Mr. Satula:
 
This is in response to the appeal submitted by your agency on March 17, 2016, regarding the environmental condition violation for the acquisition and demolition of the radio station building located at 640 North Villa Louis Road in Prairie du Chien.
 
The documentation provided appeals FEMA's determination that the project is not in compliance with Condition 1 of the Record of Environmental Consideration. The project site is located near an un-catalogued archaeological site, identified by the state as CR-2048. The site consists of a post contact Native American burial area exposed by grading. Following consultation with the State Historic Preservation Office (SHPO) and interested Tribal Nations, FEMA conditioned the grant to require a qualified archeologist be on site to monitor all ground disturbing activities. It is FEMA's policy to ensure that mitigation responsibilities are carried out in a manner that is consistent with the 44 CFR and all Federal environmental and historic preservation policies and laws. Conditions are required by FEMA to safeguard and preserve historic, cultural, and natural aspects of national heritage.
 
The appeal documentation submitted by Wisconsin Emergency Management (WEM) includes an after the fact archaeologist short report outlining the results of post demolition field investigations of the radio station building. The report indicates that the radio station building was constructed on disturbed soils and did not impact intact soil horizons. Also included in the appeal package is an affidavit from the Compliance Archaeologist with the Division of Historic Preservation - Public History with the Wisconsin Historical Society. The affidavit concurs with the short report findings and presents the determination that a qualified monitoring archaeologist was not required under the provisions of Wisconsin Statutes §157.70(4) and the Wisconsin Administrative Code §HS 2.04(4), because removal of the radio station building did not take place within the boundaries of the uncatalogued burial site (CR-2048).
 
Based on the documentation provided in the appeal, FEMA Region V Environmental and Historic Preservation group conducted an after the fact archaeological review with the SHPO and interested Tribal Nations. On May 31, 2016, the SHPO concurred with the finding that no historic properties were affected by the project. Tribal Nations were contacted on May 26, 2016, asking for review of and comments on the archaeology report. To date, no responses have been received from Tribal
Nations.
 
Based on documentation provided and additional consultations, FEMA has approved your appeal. This letter constitutes the official notification of this determination to the Applicant. Coordination between all levels of government is essential for successful implementation of the grant. A lack of coordination can lead to environmental condition violations that cannot always be rectified after the fact. In the future any changes in the scope of work must be coordinated with FEMA prior to any work commencing.
 
If you have any questions, please have your staff contact Kaylie Alderman at 312-408-5259.
 
Sincerely,
Andrew Velasquez III
Regional Administrator

Appeal Analysis

No historic properties were affected by the project as determined by information submitted by the Applicant;  A field report from a certified archeologist, and affidavit from the Compliance Archaeologist with the Division of Historic Preservation - Public History with the Wisconsin Historical Society, verified this finding.
Last updated August 26, 2016