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Public Notice - Howe De Minimis

Public Notice of Availability of

De MinimisSection 4(f) Determination

The Indiana Department of Transportation (INDOT) proposes improvements to State Road (SR) 120 in Howe, Indiana (Des No. 1296481). In compliance with Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 USC 303), hereinafter referred to as “Section 4(f),” and its implementing regulations codified at 23 CFR Part 774, the Federal Highway Administration (FHWA), in cooperation with INDOT, is providing public notice of its proposal to make a de minimis impact finding under Section 4(f) regarding the effects this project would have on Howe Town Park and the Howe Historic District.

As a result of the existing vehicular and pedestrian conditions on SR 120, INDOT proposes a full depth pavement replacement of the travel and parking lanes on SR 120, replacement of existing curbs, and updating existing sidewalks and curb ramps to be American with Disabilities Act-compliant between SR 9 and 1st Street. The result is a minor use of approximately 0.08 acre of Howe Town Park and a total of approximately 0.10 acre of the Howe Historic District in order to accommodate the new sidewalks. The use of this area for sidewalk construction will not adversely impact the activities, features, or attributes that qualify these properties for protection under Section 4(f).

FHWA is anticipating a determination that the roadway improvements meet the definition of a de minimis impact, as defined in 23 CFR 774.17(5). A de minimis finding may be made when, after taking into account any measures to minimize harm, a project results in a Section 106 finding of “No Adverse Effect” or “No Historic Properties Affected” concerning historic properties; or a determination that the project would not adversely affect the activities, features, or attributes qualifying a park, recreation area, or wildlife refuge for protection under Section 4(f). The views of the public on this Section 4(f) finding are being sought regarding the effect of the proposed project on the Howe Town Park and the Howe Historic District.

The proposedde minimis impact finding is based on coordination with the officials with jurisdiction. The officials with jurisdiction are agencies that own and/or administer the affected portion of the property protected by Section 4(f). These are the Lima Township Trustee and the Howe Community Association for Howe Town Park and the Indiana State Historic Preservation Officer for the Howe Historic District. The officials have been notified of FHWA’s intent to make de minimis impact findings. Should the officials with jurisdiction concur, FHWA will issue a de minimis finding.

All interested persons may submit their views on the Section 4(f) de minimis finding, or request information on this proposed action and its impacts, avoidance, minimization, mitigation, or enhancement measures by contacting Elizabet Biggio, Architectural Historian, at Butler, Fairman, & Seufert, Inc., 8450 Westfield Blvd., Suite 300, Indianapolis, IN, 317-713-4615, by November 29, 2017.

LC 46 #1215 hspaxlp                                                                   N27/S30