20210923 Ver 1_Wentworth St. Archictecture MOA FInal_20210623

MEMORANDUM OF AGREEMENT
AMONG THE U.S.ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
REPLACEMENT OF BRIDGE NUMBER 239 ON SR 1998 (WENTWORTH STREET)
OVER WOLF ISLAND CREEK
ROCKINGHAM COUNTY,NORTH CAROLINA
WBS No.17BP.7.R.140
PA No.19-01-0025
AID#SAW-2019-00831
WHEREAS, the U.S.Army Corps of Engineers (USAGE) is considering issuance of a permit under
Section 404 of the Clean Water Act to the North Carolina Department of Transportation (NCDOT)
for Replacement of Bridge Number 239 on SR 1998 (Wentworth Street) over Wolf Island Creek,
Rockingham County,North Carolina (the Undertaking);and
WHEREAS, the USACE has determined that the Undertaking will have an adverse effect upon
Rockingham County Bridge Number 239, a property determined eligible for listing in the National
Register of Historic Places (NRHP) (historic property);and
WHEREAS,the USAGE 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, USAGE has notified the Advisory Council on Historic Preservation (Council) of the
adverse effects and the Council has declined to comment or participate in the consultation;and
WHEREAS,NCDOT has participated in the consultation and has been invited by the USAGE and
SHPO to be a signatory to this Memorandum of Agreement (MOA);and
NOW, THEREFORE,USAGE,NCDOT,and the SHPO, 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.
MOA for Bridge Number 239
Rockingham County
pg.1

STIPULATIONS
The USAGE will require compliance with the following measures by including a special condition in
any authorization that is issued to NCDOT for the Undertaking.
I. Photorecordation
Prior to the initiation of construction,NCDOT will record the existing condition of Bridge No.
239 and its surroundings in accordance with the attached Historic Structures and Landscape
Recordation Plan (Appendix A). Copies of the documentation will be deposited in the files of
the State Historic Preservation Office,and the NCDOT Historic Architecture Section.
II. Unanticipated Discovery
In accordance with 36 CFR 800.11(a),if NCDOT identifies additional cultural resource(s)
during construction,all work will be halted within the limits of the resource(s) and the USAGE
will be contacted. The USAGE 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.
III.Amendments
Should any of the Signatory Party(ies) to this MOA believe that its terms cannot be carried out
or that an amendment to the terms must be made, that party(ies) shall 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 IV will be followed.
IV. Dispute Resolution
Should any of the Parties to this MOA object within (30) days to any plans or documentation
provided for review pursuant to this MOA, the USAGE shall consult with the objecting
party(ies) to resolve the objection. If the USAGE or the objecting party(ies) determines that
the objection cannot be resolved, the USAGE will forward all documentation relevant to the
dispute to the Council. Within thirty (30) days after receipt of all pertinent documentation, the
Council will either:
1. Provide the USAGE with recommendations,which the USAGE will take into account in
reaching a final decision regarding the dispute, or
2. Notify the USAGE that it will comment pursuant to 36 CFR Section 800.7(c) and proceed.to
comment. Any Council comment provided in response to such a request will be taken into
account by the USAGE in accordance with 36 CFR Section 800.7(c)(4) with reference to the
subject of the dispute.
MOA for Bridge Number 239
Rockingham County
pg.2

Any recommendations or comments provided by the Council will be understood to pertain
only to the subject of the dispute; the signatories'responsibilities that are not the subject of the
dispute will remain unchanged.
V. Termination
Any of the Signatory Party(ies)to this MOA may terminate the agreement by providing notice
to the other parties,provided that the signatories and concurring parties 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 XII above, this MOA will be in effect until the
USACE,in consultation with the other Signatory Parties, determines that all of its terms have
been fulfilled or if NCDOT is unable or decides not to construct the Undertaking.
Execution of this MOA by USACE,NCDOT,and the North Carolina SHPO,its subsequent filing
with the Council, and implementation of its terms evidence that the USAGE has afforded the
Council an opportunity to comment on the Undertaking, and that USACE has taken into account
the effect of the Undertaking on the historic property.
MOA for Bridge Number 239
Rockingham County
pg.3

AGREE:
United States Army Corps of Engineers:
FOR THE COMMAN7ER
IL'° C ?< our zolot
Scott McLendon Date
Chief, Regulatory Division
Wilmington District
State Historic Preservation Officer:
v ' Date: O t/03 /zb l
Kevin henry,Ph.D.
Deputy Secretary North Carolina Department of Natural and Cultural Resources
North Carolina Department of Transportation:
I / /VLt Date: � /� �!
Philip S. Hat s III,P.E., CPM
Environmental Analysis Unit Head
MOA for Bridge Number 239
Rockingham County
pg.4

MEMORANDUM OF AGREEMENT
AMONG THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
REPLACEMENT OF BRIDGE NUMBER 239 ON SR 1998 (WENTWORTH STREET)
OVER WOLF ISLAND CREEK
ROCKINGHAM COUNTY,NORTH CAROLINA
Execution of this MOA by USAGE,NCDOT,and the North Carolina SHPO,its subsequent filing
with the Council, and implementation of its terms evidence that the USACE has afforded the
Council an opportunity to comment on the Undertaking, and that USAGE has taken into account
the effect of the Undertaking on the historic property.
FILED:
Date:
Advisory Council on Historic Preservation
MOA for Bridge Number 239
Rockingham County
pg.5

APPENDIX A
Historic Structures and Landscape Recordation Plan
For
The Replacement of Bridge Number 239
on SR 1998 (Wentworth Street) over Wolf Island Creek
Rockhingham County,North Carolina
PHOTOGRAPHIC REQUIREMENTS
• Elevations and oblique views of Bridge Number 239 and its setting.
• Representative structural and ornamental details of the bridge.
Photographic Format
• Color digital images (all views). Images are to be shot on a SLR digital camera with a minimum
resolution of 6 megabyte pixels, at a high quality (preferably RAW) setting, to be saved in TIF
format as the archival masters and labeled according to the State Historic Preservation Office
standards.
• All processing to be done to archival standards.
• The accompanying printed inventory of the images — including subject, location, date, and
photographer information for each image — is to be completed according to the State Historic
Preservation Office standards.
Copies and Curation
• One (1) set of all above mentioned 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 shall be deposited in the files of the Historic Architecture Section of
NCDOT.
MOA for Bridge Number 239
Rockingham County
pg.6