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Home My WebLink About20210345 Ver 1_B-4626FinalMOA_20210319MEMORANDUM OF AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER , AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING TIP NO. B-4626 REPLACEMENT OF ROWAN COUNTY BRIDGE NO. 3 ON NC 49/NC 8 OVER THE TUCKERTOWN RESERVOIR/YADKIN RIVER AND THE WINSTON SALEM SOUTHBOUND RAILWAY DAVIDSON, ROWAN, AND STANLY COUNTIES, NORTH CAROLINA WHEREAS, the Federal Highway Administration (FHWA) proposes to fund the replacement of Rowan County Bridge No. 3 over the Tuckertown Reservoir/Yadkin River and Winston Salem Southbound Railway in North Carolina (hereafter, the Undertaking) through the Federal Highway Bridge Replacement and Rehabilitation Program; and WHEREAS, the FHWA 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 (54 U.S.C. 300101 et seq.); and WHEREAS, the FHWA has determined that the Undertaking will have an adverse effect upon Rowan County Bridge No. 3, a property determined eligible for listing in the National Register of Historic Places (NRHP); and WHEREAS, the FHWA has notified the Advisory Council on Historic Preservation (ACHP) of the adverse effect and the ACHP has chosen not to participate in the consultation; and WHEREAS, the North Carolina Department of Transportation (NCDOT) has participated in the consultation and has been invited by the FHWA and SHPO to be a signatory to this Memorandum of Agreement (MOA); and WHEREAS, the FHWA has consulted with Cube Hydro Carolinas, the Catawba Indian Nation Tribal Historic Preservation Officer, the Trading Ford Historic District Preservation Association, the Badin Museum, and the United States Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 2 Forest Service regarding the effects of the Undertaking on Rowan County Bridge No. 3 and has invited them to be concurring parties to this MOA; NOW, THEREFORE, the FHWA, SHPO, and NCDOT agree that the Undertaking will be implemented in accordance with the following stipulations to take into account the effects of the Undertaking on Rowan County Bridge No. 3. STIPULATIONS The FHWA will ensure that the following measures are made part of any approval or funding issued to the NCDOT for the Undertaking to fulfill the FHWA’s responsibilities under 36 CRF Part 800, regulations implementing Section 106 of the National Historic Preservation Act (54 U.S.C. 300101 et seq.). I. Rowan County Bridge No. 3. A. Photodocumentation. Prior to the initiation of construction, the NCDOT will record the existing condition of Rowan County Bridge No. 3 in accordance with the attached Historic Structures and Landscape Recordation Plan (Appendix A). The results of the photographic recordation will be submitted to the SHPO in advance of any work taking place. The SHPO will have fifteen (15) days from receipt of the materials to review and comment. If no comments are received by the NCDOT after the fifteen (15) days, work may commence. Additional photography may be undertaken during demolition if feasible. Dismantling of the superstructure may allow enhanced views of those structural elements for which the bridge is considered significant. B. Historical Record. Rowan County Bridge No. 3 is represented in the North Carolina Historic Bridge Inventory and the state architectural survey. Documentation and findings established for the B-4626 project will be added to both records. As Rowan County Bridge No. 3 derives its significance from its engineering, it will appear on NCDOT’s “Historic Bridges of North Carolina” website as the first featured example in a new section devoted to technological innovation. By highlighting specific bridges, the educational utility of the website should achieve increased focus and effectiveness in Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 3 alerting the public to historic bridges, as well as NCDOT’s efforts to preserve and record them. SHPO and the concurring parties will be afforded opportunity to review and comment on the Rowan County Bridge No. 3 website feature. If no comments are received from the SHPO or concurring parties within thirty (30) days of confirmed receipt, the NCDOT can assume that the SHPO and concurring parties do not object to the feature. Should any of the parties notified have questions, comments or desire a meeting to discuss the feature, the FHWA and NCDOT will arrange a joint consultation to address such questions and comments. If the questions and/or comments cannot be resolved, the parties will use Stipulation III below to resolve any disputes. II. Unanticipated Discovery. In accordance with 36 CFR 800.11(a) if the NCDOT identifies additional cultural resources during construction and determines them to be eligible for the NRHP, all work will be halted within the limits of the NRHP - eligible resource(s) and the FHWA and SHPO contacted within forty-eight (48) hours. If after consultation with the Signatory Parties additional mitigation is determined necessary, the NCDOT, in consultation with the other Signatory Parties, will develop and implement appropriate protection/mitigation measures for the resource(s). The NCDOT will notify the SHPO and FHWA of any additional cultural resources that are determined to be not eligible for NRHP listing. Inadvertent or accidental discovery of human remains will be handled in accordance with North Carolina General Statutes 65 and 70. III. Dispute Resolution. Should any of the Signatory or Concurring Parties object within thirty (30) days to any plans or documentation provided for review pursuant to this MOA, the FHWA will consult with the objecting party(ies) to resolve the objection. If the FHWA or the objecting party(ies) determines that the objection cannot be resolved, the FHWA 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 B-4626 Davidson, Rowan, and Stanly Counties 4 Provide the FHWA with recommendations, which the FHWA will take into account in reaching a final decision regarding the dispute, or Notify the FHWA that it will comment pursuant to 36 CFR 800.7(c) and proceed to comment. The FHWA 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 ACHP will be understood to pertain only to the subject of the dispute; the FHWA’s and NCDOT’s responsibility to carry out all of the actions under this agreement that are not the subject of the dispute will remain unchanged. IV. Amendments. Should any of the Signatory or Concurring 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). If an amendment cannot be agreed upon, the dispute resolution process set forth in Stipulation III will be followed. V. 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. VI. Duration. Unless terminated pursuant to Stipulation V, this MOA will be in effect until December 31, 2027. Execution of this Memorandum of Agreement by the FHWA, SHPO, and NCDOT, its subsequent filing with the ACHP, and implementation of its terms evidence that the FHWA has afforded the ACHP an opportunity to comment on the Undertaking and that the FHWA has taken into account the effects of the Undertaking on Rowan County Bridge No. 3. Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 5 Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 6 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING TIP NO. B-4626 REPLACEMENT OF ROWAN COUNTY BRIDGE NO. 3 ON NC 49/NC 8 OVER THE TUCKERTOWN RESERVOIR/YADKIN RIVER AND THE WINSTON SALEM SOUTHBOUND RAILWAY DAVIDSON, ROWAN, AND STANLY COUNTIES, NORTH CAROLINA Execution of this Memorandum of Agreement by the FHWA, SHPO, and NCDOT, its subsequent filing with the ACHP, and implementation of its terms evidence that the FHWA has afforded the ACHP an opportunity to comment on the Undertaking, defined above, and that the FHWA has taken into account the effects of the Undertaking on the historic property. CONCUR: Cube Hydro Carolinas Date Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 7 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING TIP NO. B-4626 REPLACEMENT OF ROWAN COUNTY BRIDGE NO. 3 ON NC 49/NC 8 OVER THE TUCKERTOWN RESERVOIR/YADKIN RIVER AND THE WINSTON SALEM SOUTHBOUND RAILWAY DAVIDSON, ROWAN, AND STANLY COUNTIES, NORTH CAROLINA Execution of this Memorandum of Agreement by the FHWA, SHPO, and NCDOT, its subsequent filing with the ACHP, and imple mentation of its terms evidence that the FHWA has afforded the ACHP an opportunity to comment on the Undertaking, defined above, and that the FHWA has taken into account the effects of the Undertaking on the historic property. CONCUR: The Catawba Indian Nation Tribal Historic Preservation Office Date Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 8 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING TIP NO. B-4626 REPLACEMENT OF ROWAN COUNTY BRIDGE NO. 3 ON NC 49/NC 8 OVER THE TUCKERTOWN RESERVOIR/YADKIN RIVER AND THE WINSTON SALEM SOUTHBOUND RAILWAY DAVIDSON, ROWAN, AND STANLY COUNTIES, NORTH CAROLINA Execution of this Memorandum of Agreement by the FHWA, SHPO, and NCDOT, its subsequent filing with the ACHP, and implementation of its terms evidence that the FHWA has afforded the ACHP an opportunity to comment on the Undertaking, defined above, and that the FHWA has taken into account the effects of the Undertaking on the historic property. CONCUR: Trading Ford Historic District Preservation Association Date Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 9 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE NORTH CAROLINA STATE HISTORIC PRES ERVATION OFFICER, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING TIP NO. B-4626 REPLACEMENT OF ROWAN COUNTY BRIDGE NO. 3 ON NC 49/NC 8 OVER THE TUCKERTOWN RESERVOIR/YADKIN RIVER AND THE WINSTON SALEM SOUTHBOUND RAILWAY DAVIDSON, ROWAN, AND STANLY COUNTIES, NORTH CAROLINA Execution of this Memorandum of Agreement by the FHWA, SHPO, and NCDOT, its subsequent filing with the ACHP, and implementation of its terms evidence that the FHWA has afforded the ACHP an opportunity to comment on the Undertaking, defined above, and that the FHWA has taken into account the effects of the Undertaking on the historic property. CONCUR: Badin Museum Date Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 10 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION REGARDING TIP NO. B-4626 REPLACEMENT OF ROWAN COUNTY BRIDGE NO. 3 ON NC 49/NC 8 OVER THE TUCKERTOWN RESERVOIR/YADKIN RIVER AND THE WINSTON SALEM SOUTHBOUND RAILWAY DAVIDSON, ROWAN, AND STANLY COUNTIES, NORTH CAROLINA Execution of this Memorandum of Agreement by the FHWA, SHPO, and NCDOT, its subsequent filing with the ACHP, and implementation of its terms evidence that the FHWA has afforded the ACHP an opportunity to comment on the Undertaking, defined above, and that the FHWA has taken into account the effects of the Undertaking on the historic property. CONCUR: United States Forest Service Date Memorandum of Agreement B-4626 Davidson, Rowan, and Stanly Counties 11 APPENDIX A Historic Structures and Landscape Recordation Plan Replacement of Rowan County Bridge No. 3 on NC 49/NC8 over the Tuckertown Reservoir/Yadkin River and the Winston Salem Southbound Railway Davidson, Rowan, and Stanly Counties, North Carolina TIP Project B-4626 PHOTOGRAPHIC REQUIREMENTS ❑ Overall views of Rowan County Bridge Number 3 and its surroundings. ❑ Images showing the details of the superstructure and substructure of Rowan County Bridge Number 3. PHOTOGRAPHIC FORMAT ❑ All images will be captured, labeled, and stored according to the North Carolina State Historic Preservation Office’s, “Policy and Guidelines for Digital Photography for Historic Property Surveys, National Register Nominations and NRAC PowerPoint Presentations, Revised November 2008.” COPIES AND CURATION ❑ One (1) set each of all photographic documentation will be deposited with the North Carolina Division of Archives and History/State Historic Preservation, and the Historic Architecture Group of NCDOT. ❑ Any existing mechanical or engineering drawings of or related to Rowan County Bridge Number 3 will be gathered, stored, and curated by HPO.