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the public to express their views inresolving the adverse effect(s). The FTA,. at.its <br />discretion; may determine that public participation <br />P p pahon under this stipulation is met via <br />Public. review and comment conducted under NEPA, as. amended, and its <br />implementing regulations. <br />i. If consultation identifies a way to avoid the adverse effect(s) entirely through. <br />redesign of a Project element or other means while still meeting the purpose and <br />need of the Project; and the Metropolitan Council and FTA agree,. the <br />Metropolitan Council shall revise the Project plans and FTA, with the assistance. <br />of the Metropolitan Councit's Preservation Lead., shall reassess effects and <br />modify the finding of effect in accordance with StipulationXI. <br />ii. If, through consultation, it is determined the adverse effect(s) cannot be avoided <br />entirely, a Mitigation Planshall be prepared under Paragraph B of this Stipulation. <br />B. The FTA, with the assistance of the Metropolitan Councils Preservation. Lead; shall <br />develop a Mitigation Plan(s) to document the measures identified through <br />consultation under Paragraph A of this Stipulation to resolve the adverse effect(s). <br />Mitigation Plan(s) may be prepared for the: Project as a whole, for individual <br />construction bid packages; and/or far individual or groups of historic properties, as <br />needed. <br />i. A Mitigation Plan. shall outline measures to avoid, minimize, and/or mitigate <br />adverse effects to the historic property. Measures may include, but are not limited <br />to, design requirements pursuant to Stipulation V, Consulting Party review of <br />Project elements pursuant to Stipulation. VI, protecting historic properties during <br />Project construction pursuant to Stipulation VII, and mitigation sinxilar to the <br />measures found in Stipulation VIII. When applicable, deliverables required by a <br />Mitigation Plan shall be prepared in accordance. with the requirements of <br />Stipulation ll.A and shall be submitted and reviewed pursuant to the timeline(s) <br />and process outlined. in Stipulation III; or as otherwi <br />Plan. se specified in the Mitigation <br />ii. Upon completion of consultation, FTA shall submit a draft and final Mitigation <br />Plan to the Consulting Parties and the property owner, if applicable, pursuant to <br />Stipulation III. The. Mitigation Plan. shall be considered final follo wing agreement <br />in writing by both FTA and MnSI-IPA. In. lieu,of amending this MOA, FTA shall <br />ensure that the final Mitigation Plan is attached to the MCA in the FTA <br />Administrative Record, distributed to all Consulting Parties, and filed with the <br />ACHP. FTA shall also ensure the Mitigation Plan provisions are carried out by <br />the Metropolitan Council in. order to resolve the adverse. effect(s). Implementation <br />Rush Line .BRT 54 USC. § 306108 MOA 25 <br />