20201371 Ver 1_11_A-0009C_Final_Programmatic Agreement_April 6 2021_allsigs_20211216

DocuSlgn Envelope ID. 5AC01EAC-6C32-499A-B564-511)E17133A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
WHEREAS, the Federal Highway Administration (FHWA), in cooperation with the North Carolina
Department of Transportation (NCDOT), proposes to improve the mobility and reliability of US 129, NC
143, and of NC 28 from the existing four -lane section in Robbinsville to Stecoah as part of the
Appalachian Development Highway System (the Undertaking) in Graham County; and
WHEREAS, the FHWA has prepared an Environmental Assessment (EA) and intends to prepare a
Finding of No Significant Impact (FONSI) for the project and has consulted with the Advisory Council
on Historic Preservation (ACHP) on the practicality of developing a Programmatic Agreement (PA) to
ensure compliance with Section 106 of the National Historic Preservation Act of 1966, as amended 54
U.S.C. §§ 300101-307108; and
WHEREAS, to address the known effects to historic properties and possible future effects on cultural
resources, the FHWA will establish, in consultation with the consulting parties in the Section 106 process,
the A-0009C Cultural Resources Task Force (CR Task Force); and
WHEREAS, the A-0009C CR Task Force will manage a phased -decision making process that responds to
and plans for the challenging environment in which the Undertaking's effects are thoroughly considered;
and
WHEREAS, identification of historic properties within the Undertaking's Area of Potential Effects (APE)
has been carried out in accordance with the Advisory Council on Historic Preservation's (ACHP)
regulations (36 CFR Part 800) for implementing Section 106 of the National Historic Preservation Act, as
amended 54 U.S.C. §§ 300101-307108; and
WHEREAS, the Undertaking includes improvements to the nationally significant Appalachian National
Scenic Trail (ANST), aka A.T., a property determined eligible for inclusion in the National Register of
Historic Places (NRHP), and proposes to provide a long-term approach to provide safe passage for hikers
that is consistent with ANST experiential and aesthetic values and wildlife across NC 143; and,
WHEREAS, this PA does not abrogate the rights, responsibilities, and obligations of the United States
Forest Service (USFS) and the National Park Service (NPS) to manage the ANST pursuant to the
A-0009C Programmatic Agreement
Page 1 of 24
1/7/2021

Docusign Envelope ID: SAC01 EAC-6C32-499A-B564-51 DF17B3A251
National Trails System Act (NTSA), 16 U.S.C. Sections 1241-1251 and 36 CFR Parts 1-7 and other
relevant authorities; and
WHEREAS, the Undertaking is in proximity to resources associated with the Trail of Tears National
Historic Trail, a route administered by the NPS in coordination with other federal land managers and
advice from the federally recognized Tribes, and other Trail of Tears research, that follows and
remembers the 1838 forced removal of more than 16,000 Cherokee Indian people from their homelands in
Tennessee, Alabama, North Carolina, and Georgia by the United States government; and
WHEREAS, the FHWA has consulted with the North Carolina State Historic Preservation Officer
(SHPO) and the ACHP to develop this PA pursuant to Section 14(b)(3) of 36 CFR Part 800; and
WHEREAS, the NCDOT and USFS have participated in the consultation and been invited as signatories
to this PA; and
WHEREAS, the USFS will handle their own activities and utilize their own resources, including the
expenditure of their own funds, in pursuing these objectives; and
WHEREAS, this PA does not authorize the specific work projects or activities that involve the transfer of
funds, services, or property of the USFS. These specific work projects or activities will require execution
of separate agreements, be contingent upon the availability of appropriated funds, and be independently
authorized by appropriate statutory authority. The negotiation, execution, and administration of each such
agreement must comply with all applicable statutes and regulations; and
WHEREAS, this PA in no way restricts the USFS from participating in similar activities with other public
or private agencies, organizations, and individuals; and
WHEREAS, nothing in this PA may be interpreted to imply that the USFS endorses any product, service,
or policy of the Signatory or Concurring parties; and
WHEREAS, the Eastern Band of Cherokee Indians (EBCI) has Tribal lands within and adjacent to the
Undertaking, participated in the consultation, and been invited as a signatory to this PA; and
WHEREAS, the Cherokee Nation (CN), the United Keetoowah Band of Cherokee Indians in Oklahoma
(UKB), the Muscogee (Creek) Nation (MCN), and the Catawba Nation have participated in the
consultation and been invited to concur in this PA; and
WHEREAS, the Appalachian Trail Conservancy (ATC), the United States Army Corps of Engineers,
(USACE), NPS, Stecoah Valley Cultural Arts Center, Graham County Historical Association, and
Junaluska Memorial & Museum have participated in the consultation and been invited to concur in this
PA; and
WHEREAS, this PA is not intended to, and does not create, any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or equity, by a party against the United States, its agencies,
its officers, or any person; and
WHEREAS, by signing this PA, each Signatory or Concurring Party affirms that its provisions are
appropriate means to avoid, minimize, or mitigate effects on historic properties in the event the
Undertaking obtains all required approvals and is implemented;
A-0009C Programmatic Agreement
Page 2 of 24
1/7/2021

DocuSign Envelope ID. 5ACO1 EAC-BC32-499A-B5B4-51 DF17B3A251
NOW, THEREFORE, FHWA, SHPO, USFS, EBCI, and NCDOT agree that the Undertaking shall be
administered in accordance with the following principles and stipulations to satisfy FHWA's Section 106
responsibilities for these actions.
PRINCIPLES
The signatories to this PA shall adhere to the following principles for the Undertaking and
implementation of the A-0009C CR Task Force:
1. FHWA and NCDOT commit to plan, design, and implement the Undertaking in accordance with
the best practices and Context Sensitive Solutions available at the time to avoid and minimize
impacts to historic properties.
2. The signatories agree to meet the review timelines outlined in each of the stipulations. Should
any party fail to respond by the deadline(s) stipulated, their failure to comment will constitute
acceptance.
3. It is important that the signatory and concurring parties stay informed of the progress of the
Undertaking and that they are especially informed of any information and/or circumstances,
planned or unanticipated, that may invoke this PA and the Section 106 of the National Historic
Preservation Act. NCDOT will monitor the Undertaking and the affected environment and inform
the A-0009C CR Task Force of construction progress, minor design changes, and unanticipated
information, events or conditions requiring additional studies. Monitoring and communications
must be timely so that A-0009C CR Task Force may review and assess if the information,
circumstances or event has any implications for the resources governed by this PA and Section
106 and then determine what, if any, management actions need to be modified and if they need to
consult with the signatory and concurring parties. This shared communication and collaboration
is critical to the intent and ability to avoid or minimize the adverse impacts to inadvertently
discovered historic properties during the Iifetime of this Undertaking
4. FHWA and NCDOT will seek, discuss, and consider the views of the Signatory and Concurring
Parties to this PA concerning design and construction options throughout the planning and
construction of the Undertaking.
5. Given the potential for changes in the environment and historic properties, FHWA and NCDOT
will identify and evaluate any properties that are or may be eligible for listing in the NRHP.
6. FHWA and NCDOT will take into account direct, indirect, and cumulative effects on historic
properties pursuant to 36 CFR 800.5(a)(1) and shall consider measures to improve existing
conditions affecting historic properties.
7. Reasonableness of cost shall not be the only determining factor when selecting measures to avoid,
minimize, or mitigate adverse effects to historic properties.
8. FHWA and NCDOT will to the greatest extent possible, avoid and minimize impacts associated
with the Undertaking on sites associated with the forced removal of Cherokees from this area.
9. FHWA has an Emergency Relief Program that establishes protocols for coordination with
NCDOT and other Federal and state agencies to deal with declared emergencies. FHWA and
NCDOT will comply with 23 CFR 668 and 36 CFR 800.12, and other applicable environmental
laws, when a disaster and/or emergency is declared by the appropriate authority.
10. NCDOT, with oversight by FHWA, will provide overall project management to ensure that the
provisions of this PA are met throughout the life of the Undertaking. The responsibility of the
A-0009C Programmatic Agreement
Page 3 of 24
1/7/2021

DocuSign Envelope ID: 5ACO1EAC-6C32-499A-B564-510F17B3A251
NCDOT management will be NCDOT's Division 14 Division Engineer (or his/her designee) and
they are responsible with coordinating and reporting to the A-0009C CR Task Force.
11. The A-0009C CR Task Force's overall purpose is to assist in the management and the
coordination and implementation of this PA and ensure the identification, evaluation, and effects
assessment for any historic properties associated with the Undertaking. The task force wiII also
ensure consistent, pro -active, and transparent communications between the signatories and
concurring parties to this PA, as well as other consulting parties, as needed.
a. Membership: The A-0009C CR Task Force is comprised of representatives or their
designee from the PA signatory organizations that have the responsibility and authority to
make decisions and take or assign actions on behalf of their organization. Each
representative or their designee shall involve and work with others within their respective
organization who have subject matter expertise on an as -needed basis. The
representatives are as follows:
• FHWA, Preconstruction and Environment Director (Co -Chair)
• NCSHPO, Environmental Review Coordinator
• USFS, National Forests in North Carolina Archeologist and Tribal Liaison
• NPS, National Trails Office, Cultural Resources Specialist
• EEC], Tribal Historic Preservation Officer (Co -Chair)
• NCDOT, Division Engineer (Co -Chair)
b. Roles and Responsibilities: The A-0009C CR Task Force will operate in a manner that is
transparent, encourages curiosity, and makes timely, informed decisions, with a focus on
identifying, understanding, and addressing interests of stakeholders and fostering a
collaborative approach. Members will obtain and share all relevant information and
conduct reviews and assessments, so decisions are timely and transparent. The A-0009C
CR Task Force's scope of decision -making responsibility includes reviewing proposed
changes to the design plans, construction details, and mitigation strategies for possible
effects on historic properties ; assessing or re -assessing effects; developing proper and
compliant resolutions should effects be found to be adverse; and facilitating those
resolutions.
The A-0009C CR Task Force will communicate consistently, pro -actively, and
transparently using a variety of effective methods such as:
• Meetings — regular and special meetings (in person, via web meeting, or
teleconference) with team members and decision -makers to share
information, update the status of activities, resolve problems and plan for
future actions or measures.
• One -On -One — communication between individuals (in person, telephone, or
email) regarding the details of the work,
• Document Sharing and Control — secure electronic document storage that
allows team members to upload, access and store project data, progress
meeting minutes, draft text, and drawings
• Monitoring and Reporting -- provide an annual status update to the
signatories and concurring parties on the implementation of the Undertaking
and progress made on fulfilling the Stipulations to this PA
Decisions of the A-0009C CR Task Force will be made through written concurrence
(meeting minutes, effects consultation letters, emails, and reports) and distributed to other
stakeholders within five (5) business days of the decision. The NCDOT Co -Chair will be
A-0009C Programmatic Agreement
Page 4 of 24
1/7/2021

DocuSIgn Envelope ID 5AC01EAC-6C32-499A-B564-51DE17B3A251
responsible for the development and distribution of draft minutes and provide others the
opportunity to review and comment prior to them being finalized.
A-0009C CR Task Force members will hold themselves and each other accountable to
the responsibilities and stipulations of this PA and ensure the implementation of the
agreed upon measures to avoid, minimize, or mitigate adverse effects to historic
properties.
Within 90 days of executing this agreement, the A-0009C CR Task Force will develop
operating procedures to specify how they will effectively carry out their roles and
responsibilities. The Task Force will provide these procedures to the signatories and
concurring parties to this agreement.
STIPULATIONS
FHWA and NCDOT will ensure that the following measures are carried out:
I. Additional Consultation
Although Undertaking -related decisions will be made in consultation with the Interagency NEPA/Section
404 Merger Team, consultation regarding historic properties will be made within the framework of this
PA and in accord with Section 106 of the National Historic Preservation Act. FHWA and NCDOT will
ensure that appropriate communication and coordination will occur as needed to address situations that
may occur with resources that involve other resource agencies.
The following situations require further consultation pursuant to this PA (and may require amendment to
this PA) and shall require notification to the A-0009C CR Task Force:
• change in the eligibility or integrity of historic properties; or
• determination of new historic properties; or
• proposed changes to the design plans, construction details, and mitigation strategies in the
vicinity of historic properties.
II. Additional Studies and Evaluations Outside the Original APE's
Wafter the signature of this PA there are unanticipated requirements NCDOT shall provide the A-0009C
CR Task Force with information concerning the proposed changes. These could include, but are not
limited to, additional detour limits, expanded construction or slope stake limits, staging areas, additional
permanent easements, or any other work outside the APE's for either historic architecture or archaeology.
In the notification NCDOT will provide specific locationaI data, an assessment of how such changes may
affect historic properties, and any measures proposed to conduct further investigations or modify specific
improvements contained in this PA. If after thirty (30) days of confirmed receipt of proposed changes and
NCDOT's recommendations, no comments are received from the A-0009C CR Task Force, the NCDOT
may assume the non -responding party has no objections.
III. Coordinated Design and Aesthetics of Land Bridge, Walls, and Fences
Along the length of the Undertaking, the appearance of land bridge, other structures, retaining walls, or
fences (including wildlife fencing) adjacent to historic properties will be coordinated with the A-0009C
CR Task Force and distributed to signatories, concurring parties, and relevant stakeholders (historic
A-0009C Programmatic Agreement
Page 5 of 24
1/7/2021

DocuSlgn Envelope ID: 5ACO1EAC-8C32-499A-B554-51DE:17B3A251
property owners, municipal governmental staff, contractors). NCDOT will provide the A-0009C CR Task
Force with renderings that illustrate aesthetic choices for the materials, textures, colors, and species of
proposed plantings applied to the land bridge, other structures, retaining walls, or fences and request
comments and preferences. If after thirty (30) days of confirmed receipt of proposed changes and
NCDOT's recommendations, no comments are received from the A-0009C CR Task Force, the NCDOT
may assume the non -responding party has no objections.
IV. Tree Preservation and Landscaping
a. To increase the awareness of tree preservation along the length of the Undertaking, NCDOT will
instruct the construction contractor to install temporary plastic fencing and tree preservation
signage along the boundaries of historic properties with trees greater than 6" in diameter. If
NCDOT plans to remove trees within the boundary of a historic property, NCDOT will survey
the trees and minimize the construction footprint to decrease impacts to the greatest extent
possible. However, if trees require removal or will be damaged by root disturbances, then said
trees will be replaced with balled and/or burlaped trees guaranteed to survive three (3) years.
b. At the signing of this PA, NCDOT only shows tree removal and replacement of trees at the John
and Mattie Colvard House (GH0238) and tree protection measures and landscape restoration at
the Cheoah Historic District (GH0347) as denoted in the Historic Architecture Effects
Consultation form in Appendix A. Images illustrating the projected impacts in these areas are
included with the Historic Architecture Effects Consultation form.
V. Preservation of Existing Stone Walls
At the John and Ruby Cody House (GH026I) the existing stone walls that line the driveway will be
marked with temporary protective fencing during construction to prevent accidental harm. This
commitment is noted on the Historic Architecture Effects Consultation form in Appendix A and images
illustrating the projected impacts in this area is included with the Historic Architecture Effects
Consultation form.
VI. Appalachian National Scenic Trail
The current at -grade crossing for hikers at NC 143 will be replaced by a land bridge which will separate
hikers and wildlife from vehicular traffic. This will require relocating sections of the ANST to align with
the land bridge and right-of-way acquisition. NCDOT, USFS, and ATC shall enter into a separate
agreement for the design, construction, and maintenance of the relocation of the ANST.
a. Relocation of ANST Crossing at NC 143: The ANSI will require relocation on both sides of
the new structure to orient with the crossing. A preliminary route has been identified, subject to
final review and approval by USFS and ATC. An image showing the relocated trail study corridor
is included as Appendix C. NCDOT will be responsible for construction of the land bridge and
relocation of the ANST including construction of a new connecting spur trail from the existing
parking area. NCDOT will fund construction of the trail relocation and engage a trail building
organization acceptable to the NCDOT, USFS, and ATC.
NCDOT will design and erect a sign and/or an informational kiosk at the crossing in consultation
with the USFS, NPS, and ATC upon opening of the land bridge to pedestrian traffic. The design
A-0009C Programmatic Agreement
Page 6 of 24
1/7/2021

DocuSign Envelope ID; 5ACO1EAC-8C32-499A-B584-51 DF17B3A251
and aesthetics of the land bridge will be reviewed by the Signatory and Concurring Parties prior
to construction. The land bridge will be maintained by NCDOT Division 14 and the relocated
trail will be maintained by USFS, NPS, and ATC.
b. Land Acquisition for the Land Bridge and ANST Relocation: The land bridge and the ANSI
relocation route crosses/encroaches upon a parcel currently in private ownership. NCDOT will
follow 49 CFR Code of Federal Regulations as well as NC General Statutes. The current plan
indicates the private parcel will be acquired by NCDOT. NCDOT will convey any portion thereof
not needed for the land bridge to the USFS. Should this plan change, NCDOT will consult with
USFS, NPS, and ATC. NCDOT will survey the proposed ANST route across this parcel for
impacts to historic properties.
c. Hikers During Construction: The ANST is normally open 24 hours a day, 365 days a year and
will require a Work Zone Pedestrian PIan prior to initiation of construction in the vicinity of the
ANSI. During construction, the contractor shall maintain a safe pedestrian route and environment
for ANSI hikers, including wayfaring signs warning of construction ahead, a clearly marked
route for hikers through or around the construction site, and when appropriate, flaggers to aid
hikers in the construction zone. At the discretion of the contractor, and under the supervision of
the NCDOT, flaggers will assure hikers do not pass through the construction site when there is
potential danger. The construction contractor shall endeavor to minimize stoppage of hikers and
regulate construction for hikers while ensuring safe passage.
d. Trailhead Parking and ANST Access: The current trailhead parking on the east side of NC 143
will be retained after construction for parking and access to the eastern side of the land bridge.
NCDOT shall coordinate with the USFS, NPS, and ATC on any measures needed to protect these
features and associated amenities during construction. The NCDOT will repair and restore any
damage to these areas from construction activities. After construction NCDOT will maintain the
pavement, striping, and curbs, while the USFS would maintain the grass, vegetation at the
trailhead, signs, and other associated amenities.
e. Appalachian Trail Signs: NCDOT will provide funding for the manufacture of new trail signs
for the ANST. These signs will be manufactured, installed, and maintained by the ATC in
consultation with the NPS and USFS on the new land bridge and relocated sections of trail.
VII. Tribal Coordination
The requirements to consult with federally recognized Tribes in the Section 106 review process are
derived from the specific language of Section 101(d)(6)(B) of the National Historic Preservation Act.
They are also based on the unique legal relationship between federally recognized Indian tribes and the
federal government embodied in the U.S. Constitution, treaties, court decisions, federal statutes, and
executive orders.
FHWA shall ensure that consultation provides Tribes a reasonable opportunity to identify concerns about
historic properties; continue to advise on the identification and evaluation of historic properties, including
those of traditional religious and cultural importance to them; articulate their views on the Undertaking's
effects on such properties; and participate in the resolution of adverse effects. Accordingly, the
regulations require that FHWA make a reasonable and good -faith effort to identify Tribes that may attach
religious and cultural significance to historic properties that may be affected by the undertaking. FHWA
shall ensure that consultation under the Section 106 review process is respectful of tribal sovereignty in
conducting consultations and recognizes the government -to -government relationship that exists between
the federal government and federally recognized Indian Tribes.
A-0009C Programmatic Agreement
Page 7 of 24
1/7/2021

DocuSign Envelope ID: 5ACo1EAC-8C32-499A-B584-51DF17B3A251
VIII. Archaeological Resources
The A-0009C undertaking has the potential to affect multiple archaeological sites identified within the
archaeological APE defined here as the maximum limits of ground disturbing activities associated with
the project including both temporary and permanent easements. As outlined in the Principles Section of
this PA, the signatories agree to plan, design, and implement the Undertaking to avoid and minimize
impacts to historic properties while acknowledging that adverse effects may result as the project's design
and APE are refined. Refinements to the APE that occur through the design process will be the
determining factor in the need for further archaeological NRHP evaluations and effects findings for the
archaeological sites detailed within Appendix B of this PA. Archaeological site NRHP evaluations will be
coupled with a recommendation as to whether or not the site(s) warrants preservation in place to assist
FHWA in determining the applicability of 23 CFR 774 Section 4(f) requirements. Sites that through
consultation as described below and in keeping with Stipulation VII's Tribal Coordination requirements,
are ultimately determined to require data recovery investigations will be subjected to those investigations
prior to any construction activities occurring within the site limits. Data recovery investigations will be
completed within the portions of the site(s) contained within the undertakings refined APE after Right of
Way acquisition. Sites that are determined eligible for the NRHP and warrant preservation in place will
require FHWA and NCDOT to continue to seek alternatives or modifications to the undertaking that
could avoid or minimize effects.
a. Sites 31GH34, 31GH78, 31GH92, 31GH94, 31GH599, 3 IGH664, 31GH673, 31GH691, and
31GH716 have been determined eligible for the NRHP under Criterion D and do not warrant
preservation in place. NCDOT and FHWA will continue to seek alternatives or modifications to
the undertaking that could avoid or minimize effects to these sites. If through ongoing
consultation, any of these sites are determined to be adversely affected by the undertaking and
data recovery is determined to be the best course of action to mitigate the adverse effects,
NCDOT will develop Data Recovery Plans (DRPs) for these nine sites through consultation with
the SHPO and the THPOs (or their designee) of the EBCI, CN, UKB, MCN, Catawba Nation,
and the A-0009C CR Task Force.
b. Refinements to the design plans and APE may require that other sites be subjected to additional
investigation to determine their respective NRHP eligibility. This currently includes but is not
limited to sites 31GH35, 31GH45, 3 I GH625, 31GH703, 31 GH723, 31 GH729 and/or 31GH731.
If Sites 31GH35, 31 GH45, 31GH625, 31GH703, 31GH723, 31GH729 and/or 3 I GH731, and any
other sites are determined eligible for the NRHP under Criterion D through further testing within
the Undertaking's APE and they are determined through continued consultation to not warrant
preservation in place, NCDOT and FHWA will continue to seek alternatives or modifications to
the undertaking that could avoid, or minimize effects to these sites. If through ongoing
consultation, any of these sites are determined to be adversely affected by the undertaking and
data recovery is determined to be the best course of action to mitigate the adverse effects,
NCDOT, in consultation with the SHPO and the THPOs (or their designee) of the EBCI, CN,
UKB, MCN, the Catawba Nation and the A-0009C CR Task Force will develop, separate DRPs
for those sites as determined appropriate.
c. Site 31GH46 has been determined eligible for the NRHP under Criterion D and under Criterion
A. NCDOT and FHWA will continue to seek alternatives or modifications to the undertaking that
could avoid or minimize effects to this site.
d. NCDOT will ensure that any required DRPs are implemented after the highway Right -Of -Way is
acquired and prior to construction activities within the site's location.
e. Upon completion of the Data Recovery field efforts, NCDOT will prepare and forward a
Management Summary to the SHPO and the THPOs (or their designee) of the EBCI, CN, UKB,
A-0009C Programmatic Agreement
Page 8 of 24
1/7/2021

DocuSign Envelope ID, 5ACO1E4C-8C32-499A-B584-51DF17B3A251
MCN, Catawba Nation and the A-0009C CR Task Force detailing the results of the Data
Recovery efforts for each eligible site as completed.
f. Upon receipt of the Management Summary, the SHPO and the THPOs (or their designee) of the
EBCI, CN, UKB, MCN, Catawba Nation and the A-0009C CR Task Force will respond within
thirty (30) days to the recommendations contained within the Management Summary.
g. Upon acceptance of the recommendations contained in the Management Summary, the SHPO and
the THPOs (or their designee) of the EBCI, CN, UKB, MCN, and Catawba Nation and the A-
0009C CR Task Force will issue NCDOT documentation that the Data Recovery field
investigations have been completed.
h. The analysis and report preparation, detailing each eligible site's investigations, will be
completed by NCDOT, or their consultant(s), within eighteen (18) months after completion of the
fieldwork.
i. Some parcels within the APE (totaling approximately 59.02 acres) could not be accessed for
survey due to a lack of landowner permission or their uncertain legal status. Some locations
within the archaeological APE could not be adequately tested. Survey of those areas (including
use of heavy equipment as appropriate to remove pavement or fill) is recommended if they are
determined to be impacted by the Undertaking.
j. Sites 31GH696 and 31GH705 have been determined eligible under Criterion A and cannot be
subjected to any ground disturbing activities.
IX. Trail of Tears National Historic Trail
The Trail of Tears routes have historical, cultural, and religious significance for many Tribal nations and
the Unicoi Turnpike follows a traditional, prehistoric transportation route through the southern
Appalachians. The A-0009C CR Task Force will coordinate with the USFS Unicoi Turnpike and Trail of
Tears Heritage Corridor Coordinator (Coordinator) to ensure that the Undertaking does not significantly
impact the sites and routes in the heritage corridor. The corridor will include the Trail of Tears National
Historic Trail along with resources, sites and routes associated with the removal of the Cherokee obtained
from the Riggs 1998 study. Any concerns received from the Coordinator will be reviewed by the A-
0009C CR Task Force and if additional studies or evaluations are required, they will follow the guidelines
set forth in Stipulation 1.
X. Reporting
On or before each anniversary of the fully signed PA, the A-0009C CR Task Force will provide an annual
status update to the Signatories and Concurring Parties on the implementation of the Undertaking and
progress made on fulfilling the Stipulations to this PA. This status update will occur, whether or not any
activity occurred on the Undertaking. If important milestones have occurred on the Undertaking and/or
implementation of the PA, NCDOT shall provide the status updates at shorter intervals based on
deliverable actions. The reporting requirement will cease when the PA terminates as per Stipulation XIV.
XI. Dispute Resolution
Should any of the Signatory or Consulting Party(ies) object within thirty (30) days after receipt to any
plans or documentation provided for review pursuant to this PA, the FHWA shall consult with the
objecting party(ies) to resolve the objection. If the FHWA or 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:
A-0009C Programmatic Agreement
Page 9 of 24
1/7/2021

DocuSign Envelope ID- 5ACo1EAC-6C32-499A-B564-51DF17B3A251
• 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 Section 800.7(c) and proceed to
comment.
• Any ACHP comment provided in response to such a request will be taken into account by the
FHWA, in accordance with 36 CFR Section 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. FHWA's responsibility to carry out all the actions under this PA that are not the
subject of the dispute will remain unchanged.
XII. Post -Review Discoveries
In accordance with 36 CFR 800.13(a), if NCDOT identifies additional cultural resource(s) during
construction, all work will be halted within the limits of the resource(s) and the FHWA and the SHPO
will be contacted. The NCDOT and FHWA will inform the A-0009C Task Force and will initiate the
appropriate agency and/or Tribal coordination required for a determination of eligibility or recovery
effort. If after consultation, additional mitigation is determined necessary, the NCDOT, in consultation
with the Task Force 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 and follow the EBCI protocols for human
remains provided in Appendix D.
XIII. Amendments
Should any of the Signatory parties believe that any of the terms of this PA 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 an amendment. The amendment will be effective on the date a copy is signed by all
of the original signatories. If the signatories cannot agree to appropriate terms to amend the PA, any
signatory may terminate the agreement in accordance with Stipulation XIV, below. Environmental
conditions will be monitored for any changes prior to permitting of subsequent phases and the A-0009C
CR Task Force may provide for any amendments that may result from environmental changes and need
for permits at those times.
XIV. Termination
Any Signatory may terminate this PA by providing notice to the other party(ies), provided that the
party(ies) will consult during the period prior to termination to seek agreement on amendments or other
actions that would avoid termination. Termination of this PA will require compliance with 36 CFR 800.
This PA may be terminated by the execution of a subsequent PA that explicitly terminates or supersedes
its terms.
In the event that FHWA and NCDOT are unable to proceed with the Undertaking as currently proposed,
FHWA shall reinitiate Section 106 consultation in accordance with 36 CFR Part 800 regarding other
alternatives for the Undertaking.
XV. Duration
Unless terminated pursuant to Stipulation XIV above, this PA will be in effect until FHWA, in
consultation with the other Signatory and Concurring Party(ies), determines that all of its terms have
A-0009C Programmatic Agreement
Page 10 of 24
1/7/2021

DocuSign Envelope ID. 5AC01 EAC-6C32-499A-B564-51 DF17B3A251
satisfactorily been fulfilled, or if NCDOT is unable or decides not to construct the Undertaking, or after
fifteen 05) years, whichever is soonest.
A-0009C Programmatic Agreement
Page 11 of 24
1/7/2021

DocuSign Envelope ID: 5ACO1EAG6C32-499A-B564-51DF17133A251
EXECUTION
Execution of this PA by FHWA, SHPO, USFS, EBCI, and NCDOT, its subsequent fling 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
AGREE:
U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION,
NORTH CAROLINA DIVISION
By: CLARENCE W COLEMAN DNA signed
' n;; CLARENCE
, CEWC COLEMAN Date
for
John Sullivan, PE, Division Administrator
NORTH CA.1B JN411 STATE HISTORIC PRESERVATION OFFICE
B j�: Ki r+o►w. A..tor
EBOC4aE19Ab1446.
Ramona Bartos, Deputy State Historic Preservation Officer
U.S. FOR SCE, SOUTHERN REGION
B : ,�aW1t s M.t. ietn. LS
EASTE
Date
Date
3/3/2021
2/26/2021
3/2/2021
D71107211e7021482.-
James Melons, Forest Supervisor for the National Forests in North Carolina
CHEROKEE INDIANS
Date
5012782EFE414011.
The Honorable Principal Chief Richard Sneed
3/2/2021
STATE AROLINA, DEPARTMENT OF TRANSPORTATION
II s �. 2/25/2021
Big: � Date
2AC982AOODAM118.
Chris M. Werner, P.E., Technical Services Administrator
A-0009C Programmatic Agreement
Page 12 of 24
1/7/2021

DocuSign Envelope IQ_ 5ACOIEAC-6C32-499A-B564-51 DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
Cherokee Nation:
By: Date
Chad Harsha, Secretary of Natural Resources
A-0009C Programmatic Agreement
Page 13 of 24
1/7/2021

DocuSIgn Envelope ID: 5ACO1EAC-SC32-499A-B564-51DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
The United Keetoowah Band of Cherokee Indians in Oklahoma:
By: Date
The Honorable Joe Bunch, Chief
A-0009C Programmatic Agreement
Page 14of24
1/7/2021

DocuSign Envelope ID: 5ACO1EAC-BC32-499A-B564-51DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
Muscogee (Creek) Nation:
By: Date
The Honorable David Hill, Principal Chief
A-0009C Programmatic Agreement
Page 15 of 24
1/7/2021

DocuSign Envelope ID: 5ACO1EAC-6C32-499A-B564-51DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
Catawba Nation:
By: Date
The Honorable William Harris, Principal Chief
A-0009C Programmatic Agreement
Page 16 of 24
1/7/2021

DocuSign Envelope ID. 781305135C-1482-44B4-B5B9-16DA903C152C
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on
the historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
Appalachian Trail Conservancy:
eosq..a by
By itwiz 9.opoluviat..
Morgan Sommerville, Director
3/10/2021
Date
A-0009C Programmatic Agreement
Page 17 of 24
1/7/2021

DocuSign Envelope ID: 5ACO1EAC-6C32-499A-B564-51 DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
United States Army Corps of Engineers:
By: Date
Benjamin A. Bennett, Colonel, U.S. Army District Commander
A-0009C Programmatic Agreement
Page 18 of 24
1/7/2021

DocuSIgn Envelope ID: 5ACO1E4C-6C32-499A B564-51DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
National Park Service:
By: MARGARET FRISBIE Date:202iO3.040 3553-07Dially signed by 00RISBIE Date
Margaret Frisbie, Cultural Resources Specialist, National Trails
A-0009C Programmatic Agreement
Page 19 of 24
1/7/2021

DocuSign Envelope ID: 5ACO1 EAC-6C32-499A 9564-51 DF1763A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
National Park Service:
11VE N DY Digitally signed by WENDY
JANSSEN
JANSSEN Date: 2021.03.0914:51:08
By: -0S'00' Date
Wendy K. Janssen, Superintendent, Appalachian National Scenic Trail
A-0009C Programmatic Agreement
Page 20 of 24
1/7/2021

DocuSign Envelope IDS 5ACD1EAC-6C32-499A-B564-51DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
Stecoah Valley Cultural Arts Center:
By: Date
Beth Fields, Executive Director
A-0009C Programmatic Agreement
Page 21 of 24
1/7/2021

DocuSign Envelope ID 5AC01EAC-6C32-499A-B564-51DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBB[NSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
Graham County Historical Association:
By: Date
Ed Satterfield, President
A-0009C Programmatic Agreement
Page 22 of 24
1/7/2021

DocuSign Envelope ID; 5ACO1EAC-6C32-499A-B56451DF17B3A251
PROGRAMMATIC AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
THE UNITED STATES FOREST SERVICE,
EASTERN BAND OF CHEROKEE INDIANS,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
IMPROVEMENTS TO US 129, NC 143, AND NC 28
FROM ROBBINSVILLE TO STECOAH
PART OF THE APPALACHIAN HIGHWAY DEVELOPMENT SYSTEM
GRAHAM COUNTY, NORTH CAROLINA
STIP PROJECT A-0009C
FEDERAL AID PROJECT APD-0074(178)
Execution of this PA by FHWA, SHPO, USFS, EBCI, 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 FHWA has taken into account the effect of the Undertaking on the
historic properties, archaeological sites, and traditional cultural properties.
CONCUR:
Juaaluska Memorial & Museum:
By! Date
A-0009C Programmatic Agreement
Page 23 of 24
1/7/2021

DocuSign Envelope ID SACOIEAC-6C32-499A-B564-51DF17B3A251
Appendix A — Historic Architecture Effects Consultation Form (2020) and Plan Sheets
Appendix B — List of Archaeological Sites
Appendix C — Relocation of Appalachian National Scenic Trail
Appendix D — EBCI Guidelines for Human Remains
A-0009C Programmatic Agreement
Page24of24
1/7/2021

DocuSign Envelope ID_ 5ACO1EAC-6C32-499A-B564-51DF17B3A251
Federal Aid #: APD-0074(178) TIP#: A-0009C
County: Graham
CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS
Project Description: Appalachian Highway Development System: Corridor K Improvements
from Robbinsville to Stecoah
On June 1 and July 30, 2020 representatives of the
® North Carolina Department of Transportation (NCDOT)
® Federal Highway Administration (FHWA)
® North Carolina State Historic Preservation Office (HPO)
® Other: USACE, USFS, Elizabeth Toombs (Cherokee Nation), Stephen Yerka (EBCI),
NPS, AT Conservancy
Reviewed the subject project and agreed on the effects findings listed within the table attached to
this signature page.
entati e � Representative, NCDOT
by:
ilhatialgand
04A44.
8/19/2020
CF...
Date
8/19/2020
FHWA, for the Division Administrator, or other Federal Agency Date
iDocullieundby:
Representative, HPO
B/19/2020
Date
A-0009 Historic Architecture Effects, June/July 2020
Page 1 of 5

k
ti
Federal Aid #: APD-0074(178)
Reasons
3-lane section with guardrail along US 129 could require tree removal within
historic boundary. NCDOT will survey trees and minimize design to decrease
impacts and removed trees will be replaced with balled/burlaped trees guaranteed
to survive 3 years
Original project APE reduced after surveys due to elimination of several
proposed alignments.
Original project APE reduced after surveys due to elimination of several
proposed alignments.
Original project APE reduced after surveys due to elimination of several
proposed alignments.
Original project APE reduced after surveys due to elimination of several
proposed alignments.
No construction activities within historic property boundary and will not impact
setting or viewshed
Intersection improvements at US 129 and East Main Street will not require
construction activities within historic property boundary and will not impact
setting or viewshed
No construction activities within historic property boundary and will not impact
setting or viewshed
Effect Finding
No adverse effect
De minimis 4(f)
Outside revised
APE
Outside revised
APE
Outside revised
APE
Outside revised
APE
No effect
No effect
No effect
CD
.14
1
w
4.1
Improve
existing
Improve
existing
Improve
existing
Improve
existing
Improve
existing
Improve
existing
Improve
existing
Improve
existing
Property and Status
John and Mattie Colvard
House (GH0238) — DE
Criterion C
Frank and Lenora Colvard
House (GH0235) — DE
Criterion C
Colvard Motor Company
(GH0236) — DE Criteria
A&C
Colvard House (GH0240) —
DE Criterion C
J. Boyd Crisp House
(GH0242) — DE Criterion C
The Hut (GH0204) — DE
Criteria A&C
Robbinsville First Baptist
Church (GH0203) — DE
Criterion C
Robbinsville Downtown
Historic District (GH0230)
— DE Criteria A&C

DocuSign Envelope ID: 5AC01 EAC-BC32-499A-B5B4-51 DF17B3A251
No construction activities within historic property boundary and will not impact
setting or viewshed
No construction activities within historic property boundary and will not impact
setting or viewshed
Permanent drainage and utility easements within historic property boundary but
will not impact setting or characteristics that contribute to the significance of the
site. No change in access.
Permanent utility easements for utility pole service line within historic property
boundary but will not impact setting or characteristics that contribute to the
significance of the site.
No construction activities within historic boundary. Stone walls that line the
driveway will be marked with temporary protective fencing during construction
to prevent accidental harm.
Retaining walls at each end of the historic boundary along NC 143 but will not
require ROW or easements. Small permanent utility easement for utility
transmission line at NE corner of property but will not impact setting or
characteristics that contribute to the significance of the site.
Symmetrical widening of NC 143 within existing ROW but will require
temporary on -site detour to replace culvert at Beech Creek (at western end of
district). Staged construction methods will be investigated to minimize footprint
of detour. NCDOT agrees to tie in detour to existing road prior to the driveway
at the Shope House, minimize tree cutting and/or removal along detour, and
restore landscape to pre -construction appearance after completion.
Retaining wall with a height between 3'-6' along eastern boundary with NC 143
within existing ROW and visible from barn. Permanent utility easement and
construction easement within western boundary of property but will not impact
setting or characteristics that contribute to the significance of the site.
No effect
No effect
No effect
De minimis 4(f)
No adverse effect
De minimis 4(f)
No adverse effect
with
environmental
commitments
No adverse effect
De minimis 4(f)
E°'E
c€z
o `Jco iu
No adverse effect
De minimis 4(f)
Improve
existing
Improve
existing
Improve
existing
Improve
existing
Improve
existing
Improve
existing
CDon
0
o
Q.�
E
Improve
existing
Old Mother Church and
Cemetery (GH0048) — DE
Criterion A
Delmas and Mary Ruth
Shuler House (GH0257) —
DE Criterion C
Patton Gwynn Denton
House (GH0264) — DE
Criterion C
Cody House (GH0263) —
DE Criterion C
John and Ruby Cody House
(GH026 I) — DE Criterion C
John A. Cody House
(GH0043) — DE Criterion C
Cheoah Historic District
(GH0347) — DE Criterion A
includes Sweetwater
Baptist Church, Floyd Crisp
House, Shope House, Molt
Rice House Barn, Earnest
Phillips Road, & Beech
Creek Road
Randolph -Stewart House
(GH0272) — DE Criterion C

DocuSign Envelope ID: 5ACO1 EAC-6C32-499A-B564-51 DF17B3A251
Climbing lanes in both directions result in 4-lane section with guardrail and
retaining walls on both sides of road at AT crossing of NC 143 [1600' retaining
wall at the crest of Stecoah Gap with a maximum height of 30', average height of
12', height of 6' at trail, and a wall on east side of NC 143 150' long with
average height of 3']. ROW impacts to USFS land 2.33 acres and .20 acres
impacted at trail. AT will be relocated onto a new structure over NC 143. Visual
impacts for visitors to the trail and setting impacts to the historic trail.
CIimbing lanes reduced in length therefore at trail there is a 2-lane section with
guardrail and retaining walls on one side of road at AT crossing of NC 143
[2000' retaining wall at the crest of Stecoah Gap with a maximum height of 30',
average height of 10', height of 3' at trail, and only guardrail on east side of NC
143]. ROW impacts to USFS land 1.29 acres and .25 acres impacted at trail. Trail
will be relocated onto a new structure over NC 143. Fewer visual impacts to trail
visitors and less impact to historic setting. Visualizations and aesthetics to walls
and bridge to be reviewed with HPO, NPS, and USFS.
Climbing lanes in both directions result in 4-lane section with guardrail, tiered retaining
walls, and fences on both sides of road at AT crossing of NC 143 [1146'of tiered
retaining walls at the crest of Stecoah Gap with a maximum height of 63' and average
height of 33'1. ROW impacts to USFS land 3.27 acres and 0.23 acres impacted at trail.
AT will be relocated onto a new structure over NC 143 that includes dense plantings and
a wildlife crossing. The proposed land bridge is 220' wide and 78' long. Visualizations
and aesthetics to walls and bridge to be reviewed with HPO, NPS, and USFS.
No construction activities within historic property boundary and will not impact
setting or viewshed
No construction activities within historic property boundary and will not impact
setting or viewshed
No construction activities within historic property boundary and will not impact
setting or viewshed
Adverse effect
Y
r.U�,
o N
zA
�.
U
° N
ZQ
No effect
No effect
No effect
Vy1 ..+
c
> V) UU G C
- aU y C..0
u, -.
°�3 Cg
>12D UU G F.
E a0i cv (fl c..0
W 'G 'G
L: _ 'G
1 .2 z , L9
'a
> ° W R
E 0 o .3 �. 3 0
Improve
existing
Improve
existing
Improve
existing
Appalachian National
Scenic Trail (NC0007) —
DE Criteria A,B,&C
Stecoah School (GH0025)
— DE Criteria A&C
Stecoah Baptist Church
(GH0026) — DE Criteria
A&C
Boxed House (GH0349) —
DE Criterion C

DocuSIgn Envelope ID:5ACO1EAC-8C32-499A-B564-51DF17B3A251
tiR
q cu
% §
, k k
ƒ
k k
a K. c
C. 7 EL*
8 : 2
u A
a _
. g
aJ
E k
11 §
oo 0
u U
o § Tel
V
0
CND Oa \
ƒ .0 O.)
ƒ
cn
to -8 Ili,
K.
� 0
E
7 E.tat2 0
k in to
0
(..i
k k ��
e to
2 «
to
cJ
to
§ ® / ©
u § 4 0 -
0X g ©u u
o - . �s
30- 2±
x 0 2 § R 2 4 = 0|
ƒ e 2 f R § 2
Ufa Ti.Ca ©k
e _ # 2 § © u
/� 0. 2k a�
0c§>,2%2/2 *0 TA
�
a-ct 2u R.
E
22,�U-,S/<4( ��
a
o 2
2 4. �
ƒ A. �© k
k

DocuSign Envelope ID: 5ACO1EAC-6C32-499A-B564-51DF1763A251

DocuSign Envelope ID: 5ACO1EAC-13C32-499A-8564-51DF1783A251

DocuSign Envelope ID: 5ACO1 EAC-6C32-499A-B564-51 DF1 7B3A251

DocuSign Envelope ID' 5AC01EAC-5C32-499A-B564-51DF17B3A251

Docu Sig n Envelope ID: 5ACO1EAC-13C 32-499A-B564-51DF 17 B3A251

DocuSign Envelope ID: 5AC01 EAC-I3C32-499A-B564-51DF17B3A251

DocuSIgn Envelope ID: 5ACO1EAC-6C32-499A-B564-51DF1783A251

DowSign Envelope ID: 5AC01 EAC-03C32-499A-B564-51DF17B3A251

DocuSign Envelope ID; 5ACO1EAC-6C32-499A-B564-51DF17B3A251

DocuSign Envelope ID: 5ACO1 EAC-6C32-499A-B564-51 DF17B3A251

DocuSIgn Envelope ID: SACCO EAC-6C32-499A-B564-51DF17B3A251

DocuSign Envelope ID7 SACIMEAC-8C32-499A-B564-51DF17B3A251

DocuSlgn Envelope ID: 5ACO1EAC-6C32-499A-B564-51DF17B3A251
00 I
sue-..
a 0
i
IS
VOWS { �+T \, od
Ce
-
,r
o ��
I
1
1..i.:4
I
I
. i3
i
x
a

DocuSign Envelope ID: 5AC01 EAC-6C32-499A-B564-51 DF17B3A254
t 8143
414
ss
i
At-
ag
ad
d

f?
)3S 1939
1
DocuSIgn Envelope ID: 5AC41EAC-6C32-499A B564-51DF17B3A251

t
i
t
1
11
1
x
a
x
ffi
F
x Xx
1
111
111
XIX
XIX
1

JD)
4
a
x
}
i
g j N -
-
g a B B
" =R
I nyR
a
22 a 11 2 1111 22 111
x P : aa; 2 2121 2x 2222A A AAA 2 £2z2 €z AAA
AR
a a a
111
1
2 2
I
:' A :2
12
2 A A
xxx X xxx X XXXX XX xxx
xxx X xxx X xxxx XX XX
x x x X xxx x xxx XX XX
x
i I
I
3 Z 3
A
000
-.. 0
444
211
2ll
fia9
111
111>X
XX
3
12« g22;A
€41 £3A1}
E
I L
A
222P2 22
xxx xxxxx x
xxx xxxxx XX
xxx xxxxx
333;
51111 11
RA
11
5
5
2
a
1
1
3
x
w g a
ii
I
2 > a
A IA
-
A A

1
E

DocuSign Envelope 1D. 5ACo1EAC-6C32-499A B564-51DF17B3A251
Eastern Band of Cherokee Indian Treatment Guidelines fpr Human Remains and Funerary
Objects (Survey, Excavation, Laboratory/Analysis, and Curation Guidelines)
It is the wish of the EBCI that whenever possible, human interments be left in situ, unstudied, and
protected from current and future disturbance. However, when these parameters cannot be met, the
following guidance shall apply:
Archeological Surveys: The EBCI requests that in the event human remains, funerary objects, sacred
objects, or objects of cultural patrimony are encountered, no photographs of such items be taken. Detailed
drawings are permissible, however.
Excavations: The EBCI requests that in the event human remains, funerary objects, sacred objects, or
objects of cultural patrimony are encountered, no photographs of such items be taken. Detailed drawings
are permissible, however. Also, if after consultation with the SHPO and culturally affiliated, federally
recognized tribes, the lead agency determines that the excavation of these items is required, the EBCI
requests that only the lead archaeologist and a physical anthropologist participate in the removal of these
items. The EBCI also requests that, in the case of full excavation of human remains, the entire burial
matrix be removed and curated for future reburial. Lastly, EBCI requests to be sent the proposals and
research designs that will be provided to the SHPO and State Archaeologist for review and approval prior
to the initiation of any excavation activities.
Laboratory Treatment/Analysis: The EBCI requests that any human remains, funerary objects, sacred
objects, and/or objects of cultural patrimony not be unnecessarily washed or cleaned, and that only dry
brushing be consistently used. Again, we request that no photographs be taken of such objects for
documentation or curation purposes, however detailed drawings are acceptable. Furthermore, in terms of
human remains, we require that no destructive analyses be permitted, and we would like to have
discussions and agreements about the kind of analyses, if any, that will be permitted.
Curation: The EBCI requests that in all cases where it is remotely feasible, that human remains,
associated funerary objects, and the burial matrix be stored together. Furthermore, we ask that these types
of objects, as well as sacred objects and objects of cultural patrimony, be removed from public viewing or
public handling and that researchers not automatically be granted access to such items. Research requests
should be submitted to the EBCI Cultural Resources office in the event someone wishes to study such
items.
Avoidance/Preservation in Place/Excavation/Reburial: Remember, our preference is always
avoidance/preservation in place. Unless there are very good reasons as to why this is not possible, we will
not immediately enter into discussions of excavation, removal, study, reburial, etc. That being said, if
remains must be moved, it is always our preference that they be out of the ground for only as long as it
takes to move them to their new resting place, which should be as close to the original resting place as
possible (within line of sight). Sometimes, we do allow minimal study of the remains, especially if it can
be done with the remains in situ. If longer study is needed, we prefer a field lab to sending them off some
distance to be studied in a lab. The bottom Iine is that the less time they are exposed to the air, the better it
is for the people involved and the Tribe. If reburial is the only option, the most efficient/time sensitive
reburial process is preferred. Also, capping of the burials is not typically problematic, especially if there is
ample fill dirt between the individual and the foreign capping material.