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

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2011 -03 -21 16:26 REP. SMITH, WAYNE (512) 463 -1323 » 281 842 1259 P 3/11 raxAs HISTORICAL COMMISSION real places trlli,t,' read stories RECEIVED February 28, 2011 ril:?ID "r NGINEERING The Honorable Ed Emmett 2011 P 2: Ob County Judge 1 larris County 1001 Preston St, Suite 911 1 iouston, TX 77002 Re. State Areheologic•al Landmark Nomination, Sylvan Beach Pavilion, La Porte, flar,-is County, Texas Dear Judge Emmett, Thank you for your correspondence dated January 13, 2011, which describes the fiscal impact that State Archeological Landmark (SAL) desiirrnation of the Sylvan Beach Pavilion in La Porte would have on Harris County. In response, we would like to offer clarification regarding the requirements and review procedures of the Antiquities Code of Texas and Section 106 of the National Historic Preservation Act. Your letter requests that the SAL nomination be disapproved or delayed until the current project at the Sylvan Beach Pavilion has been completed. However, please be aware that pending landmarks are afforded the same protection as designated resources. The Rules of Practice and Procedure for the Antiquities Code of Texas state: Interim protection and notification. Once a valid nomination for a landmark 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. The next step is review by the Antiquities Advisory Board (AAB) and nomination by the Texas Historical Commission. The next scheduled meetings of the AAB and THC will be on March 30, and March 31, respectively, in Austin. The City of Houston will be formally notified of the nomination's placement on the meeting agendas and will be afforded the opportunity to comment to both bodies. I Iarris County has received a Hurricane ike Recovery Grant from the Texas Department of Rural Affairs for rehabilitation of the pavilion. As you are aware, 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. We would like to assure you that review of your 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 your region of the state. Concurrent review of your project under state and federal law will be possible. Furthermore, our 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_ Finally, your letter references a need for "qualified architects, engineers and contractors" under the Antiquities Code of Texas. As a state agency, the Texas Historical Commission cannot reconvnend one or tradesperson over another, and we do not involve ourselves in the hiring process. Though "µy' we strongly suggest the use of architects, engineers, and contractors who have experience with similar -v historic buildings, we would not require that as a condition of an Antiquities Permit. 1 ,, As noted in our letter of September 28, 2010, the Texas Antiquities Code (Chapter 191, Subchapter D, 191.092(h)) states that the Texas Historical Commission "shall consider any and all fiscal impact on local political subdivisions before any structure or building owned by a local political subdivision may y. RICK PERRY, GOVERNOR • JON T. HANSEN, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P0. BOX 12276 • AUSTIN. TEXAS • 78711 -2276 • P 512.163 6100 • F 512.475.4872 • roo 1 .800 735 2989 • w', Inc state Ix lis