20201640 Ver 1_SAW-2019-01495 MOA_20201202 (2)

MEMORANDUM OF AGREEMENT
AMONG
THE UNITED STATES ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA STATE HISTORIC PRESERVATION ❑FFICER,
AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
REGARDING
WBS NO. 17BP.7.C.17
REPLACEMENT OF GUILFORD COUNTY PIPE NO. 40 2112
ON SR 2735 (SOCKWELL ROAD)
OVER UNNAMED TRIBUTARY OF REEDY FORK,
GUILFORD COUNTY, NORTH CAROLINA
WHEREAS, the U.S. Army Corps of Engineers (USACE) is considering issuance
of a permit under Section 404 of the Clean Water Act to the North Carolina
Department of Transportation (NCDOT) for the replacement of Pipe No.40 2112
on SR 2735 (Sockwell Road) over Unnamed Tributary of Reedy Fork in Guilford
County, North Carolina (hereafter, the Undertaking); and
WHEREAS, the USACE has determined that the Undertaking will have an
adverse effect upon Guilford County Pipe No. 40 2112,a structure determined
eligible for the listing in the National Register of I-Iistoric Places (NRI-lP); and
WHEREAS, the USACE has consulted with the North Carolina State Historic
Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations
implementing Section 106 of the National Historic Preservation Act (16 U.S.C.
470f); and
WHEREAS, the USACE has notified the Advisory Council on Historic
Preservation (ACHP) of the adverse effect, and the ACHP has declined to
comment or participate in the consultation; and
WHEREAS, the NCDOT has participated in the consultation and has been
invited by the USACE and SHPO to be a signatory to this Memorandum of
Agreement (MOA);
NOW, THEREFORE, the USACE, SHPO, and NCDOT agree that any
authorization issued for the Undertaking shall include the following stipulations
to take into account the effect of the Undertaking on the historic property.

STIPULATIONS
The USACE will require compliance with the following measures by including a
special condition in any authorization that is issued to NCDOT for the
Undertaking, under 36 CRF Part 800, regulations implementing Section 106 of
the National Historic Preservation Act (54 U.S.C. 300101 et seq.).
I. Photo documentation
Prior to the initiation of construction, the NCDOT Environmental Analysis
Unit will photograph the existing condition of Guilford County Pipe No.
40 2112 in accordance with the attached Historic Structures and
Landscape Recordation Plan (Appendix A). Photodocumentation will be
coordinated with Archaeological Monitoring (see Stipulation III). Copies
of the documentation will be deposited in the files of the North Carolina
State Historic Preservation Office and the NCDOT Environmental
Analysis Unit.
II. LiDAR Scans and Renderings
Prior to the initiation of construction, the NCDOT Photogrammetry Unit
will carry out terrestrial LiDAR scans of Guilford County Pipe No. 40 2122
and produce 3-D renderings. Copies of the scans and renderings will be
deposited in the files of the North Carolina State Historic Preservation
Office and the NCDOT Environmental Analysis Unit.
III. Archaeological Monitoring
NCDOT Division 7 (D-7) will notify NCDOT's Archaeology Team
(NCDOT-AT) [Matt Wilkerson, NCDOT Archaeology Team Lead, 919-
707-6089, mtwilkerson[wncdot.gov or Paul]. Mohler, NCDOT
Archaeologist, 919-707-6080, [e-mail]]) at least forty-eight (48)
hours in advance of when ground-disturbing activities are scheduled. The
forty-eight (48)-hour period will begin upon acknowledgement by the
NCDOT-AT that they have been contacted by the contractor. D-7 shall not
begin ground disturbance at the location until NCDOT-AT is on site.
NCDOT-AT project manager will be on site to monitor and document the
removal of the culvert. Monitoring activities may include:
1. Cleaning and photographing areas exposed during
construction,
2. Mapping plan and profile views of open trenches and culvert
cross-sections, and
Memorandum of Agreement 2
Guilford County Pipe No.40 2112,WBS No. 17BP.7.C.17

3. Collecting representative samples of terra-cotta tiles, materials
or artifacts exposed during the removal process.
4. Any tiles recovered and curated by the NCDOT-AT may be
provided to the Greensboro Museum or the North Carolina
Pottery Center (or any other appropriate repository) for their
unrestricted use.
NCDOT-AT will have the authority to halt all construction work at the
location in order to assess the need for further archaeological excavations.
Should the NCDOT-AT identify additional NRHP-eligible archaeological
resources during the monitoring, all work shall cease within the limits of
the NRHP-eligible resource, and D-7 and SHP❑shall be contacted. If after
consultation, additional mitigation is determined necessary, the NCDOT-
AT will develop an appropriate treatment plan and upon concurrence
implement the appropriate protection/mitigation measures for the
identified resource. No work shall resume within the limits of the NRHP-
eligible resource until the NCDOT-AT gives D-7 the approval to continue
with the undertaking.
IV. Unanticipated Discovery
In accordance with 36 CFR 800.13(b), if NCDOT identifies additional
cultural resource(s) during construction, all work will be halted within the
limits of the resource(s) and the USACE will be contacted. The USACE
will initiate the appropriate agency and/or Tribal coordination required
for a determination of eligibility or recovery effort. If after consultation
between the Signatories and concurring parties,additional mitigation is
determined necessary, the NCDOT, in consultation with the Signatories
and concurring parties, will develop and implement appropriate
protection/mitigation measures for the resource(s). Inadvertent or
accidental discovery of human remains will be handled in accordance
with North Carolina General Statutes 65 and 70.
V. Dispute Resolution
Should any of the Signatory Parties object within thirty (30) days to any
plans or documentation provided for review pursuant to this MOA, the
USACE will consult with the objecting party(ies) to resolve the objection.
If the USACE or the objecting party(ies) determines that the objection
cannot be resolved, the USACE will forward all documentation relevant to
the dispute to the ACHP. Within thirty (30) days after receipt of all
pertinent documentation, the ACHP will either:
Memorandum of Agreement 3
Guilford County Pipe No.40 2112, WBS No. 17BP.7.C.17

1. Provide the USACE with recommendations, which the
USACE will take into account in reaching a final decision
regarding the dispute, or
2. Notify the USACE that it will comment pursuant to 36 CFR
800.7(c) and proceed to comment. The USACE will take into
account any ACHP comment provided in response to such a
request in accordance with 36 CFR 800.7(c)(4) with reference to
the subject of the dispute.
Any recommendation or comment provided by the USACE will be
understood to pertain only to the subject of the dispute; the USACE's and
NCDOT's responsibility to carry out all of the actions under this MOA
that are not the subject of the dispute will remain unchanged.
VI.Amendments
Should any of the Signatory Parties to this MOA believe that its terms
cannot be carried out or that an amendment to the terms must be made,
that(those) party(ies) will immediately consult with the other party(ies) to
develop amendments in accordance with 36 CFR 800.6(c)(7). This MOA
may be amended when such an amendment is agreed to in writing by all
signatories. The amendment will be effective on the date a copy, signed by
all of the signatories, is filed with the ACHP. If an amendment cannot be
agreed upon, the dispute resolution process set forth in Stipulation V will
be followed.
VII. Termination
Any of the Signatory Parties may terminate the MOA by providing thirty
(30) days written notice to the other parties, provided that the signatories
will consult during the period prior to termination to seek agreement on
amendments or other actions that would avoid termination. Termination
of this MOA will require compliance with 36 CFR 800. This MOA may be
terminated by the execution of a subsequent MOA that explicitly
terminates or supersedes its terms.
VIII. Duration
Unless terminated pursuant to Stipulation VII, this MOA will be in effect
until USACE, in consultation with the other Signatory Parties, determines
that all of its terms have been fulfilled satisfactorily or if NCDOT is unable
or decides not to construct the Undertaking.
Memorandum of Agreement 4
Guilford County Pipe No.40 2112,WBS No. 17BP.7.C.17

Execution of this MOA by the USACE,SHPO, and NCDOT, its subsequent filing
with the ACHP, and implementation of its terms evidence that the USACE has
afforded the ACHP an opportunity to comment on the Undertaking and that the
USACE has taken into account the effects of the Undertaking on Guilford County
Pipe No. 40 2112.
AGREE:
United States Army Corps of Engineers:
FOR THE COMMAND R
°CV 20/
Scott McLendon Date
Chief, Regulatory Division
Wilmington District
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Memorandum of Agreement 5
Guilford County Pipe No.40 2112,WBS No.17BP.7.C.17
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AGREE:
State Historic Preservation Officer:
tod /zo�
Kevin Cherry, Ph.D Date
North Carolina State Historic Preservation Officer
North Carolina Department of Natural and Cultural Resources
Memorandum of Agreement 6
Guilford County Pipe No.40 2112,WBS No.17BP.7.C.17

AGREE:
North Carolina Department of Transportation:
TjP-4r- 3 �i� /O G 20/7
Philip S. Harris III, P.E., C.P.M. Date
Environmental Analysis Unit Head
North Carolina Department of Transportation
Memorandum of Agreement 7
Guilford County Pipe No.40 2112,WBS No. 17BP.7.C.17

FILED:
By:
Advisory Council on Historic Preservation Date
Memorandum of Agreement 8
Guilford County Pipe No.40 2112, WBS No.17BP.7.C.17

APPENDIX A
Historic Structures and Landscape Recordation Plan
Replacement of Guilford County Pipe No. 40 2112
on SR 2735 (Sockwell Road) over Unnamed Tributary of Reedy Fork
Guilford County, North Carolina
WBS No. 17BP.7.C.17
PHOTOGRAPHIC REQUIREMENTS
D Overall views of Guilford County Pipe Number 40 2112 and its surroundings,
keyed to a site plan.
i Images showing the details of the Guilford County Pipe Number 40 2122.
PHOTOGRAPHIC FORMAT
j Color digital images (all views). Images are to be shot on a SLR digital
camera and labeled according to the North Carolina State Historic
Preservation Office standards.
All processing to be done to archival standards.
J The accompanying printed inventory of the images — including subject,
location, date, and photographer information for each image — is to be
completed according to the North Carolina State Historic Preservation Office
Standards.
COPIES AND CURATION
Li One (1) set each of all photographic documentation, including a compact
disc of labeled images, will be deposited with the North Carolina Office of
Archives and History/Historic Preservation Office to be made a permanent
part of the statewide survey and iconographic collection.
One (1) contact sheet will be deposited in the files of the Environmental
Analysis Unit of NCDOT.
Memorandum of Agreement 9
Guilford County Pipe No.40 2112,WBS No. 17BP.7.C.17