R-2011-03 designate Sylvan Beach Pavilion as State Archeological Landmark/no action taken

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From: Greg Smith <Greg.Smith @thc.state.tx.us> Subject: FW: Sylvan Beach SAL Date: March 28, 2011 4:17:03 PM CDT To: "Ted Powell (savethepavilion @comcast.net)" <savethepavilion @comcast.neb, "Ted Powell (tapowell2 @comcast.net)" <tapowel l2 @ comcast. neb 1 Attachment, 13.9 KB Here you go, Ted. We understand that there is some concern about whether the State Archeological landmark designation of the Sylvan Beach Pavilion would delay the federally- funded project to rehabilitate the property, so we are providing clarification regarding the requirements and review procedures of the Antiquities Code of Texas and Section 106 of the National Historic Preservation Act. • Harris County has received a Hurricane Ike Recovery Grant from the Texas Department of Rural Affairs for rehabilitation of the pavilion. This project requires review by our office under Section 106 of the National Historic Preservation Act due to the federal source of the grant funds. The pavilion is already protected under the State Antiquities Code through interim protection. Once a valid State Archeological (SAL) nomination for a building or structure has been received and the commission's staff determines the property is eligible for designation, no project work may be undertaken on the property without a permit issued by the commission unless or until the commission denies the nomination or designation. (13 Tex. Admin. Code § 26.12(c). • The nomination for the Sylvan Beach Pavilion has been evaluated as valid, and consequently, an Antiquities Permit will be required for work performed while it is under consideration. Potential archeological properties at the pavilion site are already protected under the Antiquities Code of Texas regardless of the building's SAL status. • The likelihood of significant archeological properties at the pavilion site is remote; the Texas Historical Commission does not anticipate further investigations that would delay the project beyond the review period required under Section 106 of the National Historic Preservation Act. • SAL designation would not delay project review under Section 106 or the Antiquities Code. The Texas Historical Commission routinely reviews projects concurrently under the Antiquities Code of Texas and Section 106 of the National Historic Preservation Act. Review of the proposed project pursuant to an Antiquities Permit application would not be onerous or add further delays. The same architectural reviewer involved with the Section 106 review also handles SAL permit applications for each region of the state. • Texas Historical Commission staff reviews all projects relative to the Secretary of the Interior's Standards for the Treatment of Historic Properties to determine if proposed work meets accepted preservation practice. Work considered to have no adverse effect" to a historic property under Section 106 review would be eligible for an Antiquities Permit. Gregory Smith National Register Coordinator History Programs Division Texas Historical Commission PO Box 12276 Austin, Texas 78711 512 - 463 -6013 www.thc.state.tx.us TEXAS HISTORICAL COMMISSION