20121107 Ver 1_Memorandum of Agreement_20130318

MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL RAILROAD ADMINISTRATION,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
RAIL DIVISION DOUBLE TRACK FROM SALISBURY TO KANNAPOLIS ALONG
NORTH CAROLINA RAILROAD RIGHT -OF -WAY
ROWAN AND CABARRUS COUNTIES, NC
TIP PROJECT P -5206
FEDERAL. AID PROJECT FR -HSR- 0006- 10 -01 -00
WHEREAS, the Federal Railroad Administration (FRA) has determined that the construction of
eleven miles of a second mainline track along the North Carolina Railroad (NCRR) right -of -way
from south of Nobel Acres Drive in Salisbury to south of 181h Street in Kannapolis in Rowan and
Cabarrus Counties, North Carolina (the Undertaking) will have an adverse effect upon the
Lutheran Chapel, a property determined eligible for the National Register of Historic Places
(NRHP); and
WHEREAS, the FRA 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 North Carolina Department of Transportation (NCDOT) has participated in the
consultation and been invited by FRA and the North Carolina SHPO to be a signatory to this
Memorandum of Agreement (MOA); and
WHEREAS, Lutheran Chapel's Pastor Bill Connelly and the Lutheran Chapel Congregational
Council have participated in the consultation and have been invited to concur with the MOA; and
WHEREAS, the FRA has notified the Advisory Council on Historic Preservation (Council) of
the adverse effect and the Council has declined to comment or participate in the consultation;
NOW, THEREFORE, FRA, NCDOT, and the North Carolina SHPO agree that the
Undertaking shall be implemented in accordance with the following stipulations in order to take
into account the effects of the Undertaking on the historic property.
P -5206 MOA 1

STIPULATIONS
The FRA and NCDOT will ensure that the following measures will be carried out:
I. Retaining Wall and Fence
A retaining wall will be constructed within the existing NCRR right -of -way which is
within the historic boundary established for Lutheran Chapel. The wall will be
constructed to an approximate height of 5 to 6 feet and a 5 to 6 -foot fence installed atop
the wall.
The Lutheran Chapel Congregational Council has requested that the fence atop the wall
not be chain link, but more decorative in appearance. NCDOT has agreed to this request
and NCDOT shall afford the SHPO and representatives of Lutheran Chapel an
opportunity to review and comment on the plans and specifications for the retaining wall
and fence. Should any of these parties have questions or comments on such plans and
specifications, NCDOT shall consult with that party, and, if necessary, with all of the
consulting parties to address such questions and comments.
II. Parking
Currently, a portion of the Lutheran Chapel's western parking lot lies within the existing
North Carolina Railroad Right -of -Way. Approximately 22 of the parking spaces will be
removed as a result of the retaining wall construction. Prior to construction of the
retaining wall, NCDOT will compensate Lutheran Chapel for the creation of replacement
parking areas in a new location within the property's limits.
11I. Closing Eudy Road
Since the at -grade crossing of Eudy Road and the North Carolina Railroad tracks will be
permanently closed, NCDOT will abandon Eudy Road and remove the roadway
approaches from either side. Representatives of Lutheran Chapel have expressed an
interest in retaining a portion of the road for their new parking lot and reseeding (with
grass) the areas where the roadway has been removed. NCDOT has agreed to work with
representatives for Lutheran Chapel to establish the limits of the roadway to remain and
to petition the Rowan County Commissioners to abandon Eudy Road from its intersection
with North Chapel Street and return the abandoned land to Lutheran Chapel for their use.
IV. Baseline Studies and Vibration Monitoring
A. Development of Vibration Monitoring Plan: NCDOT's Geotechnical Engineering
Unit, in consultation with NCDOT Rail Division, shall develop a vibration
monitoring plan for the project, to include on -site research during final design as well
P -5206 MOA

as monitoring during construction and for one year after completion of construction
of the second track. The recommendations of the plan shall be provided to the FRA,
SHPO, and representatives of Lutheran Chapel for their comments prior to adoption
of the plan.
B. Baseline Studies: On -site research, done prior to construction, will measure existing
vibration exposure, determine the sensitivity of Lutheran Chapel, and assign
thresholds accordingly.
C. Vibration Monitoring: Vibration monitoring will be conducted on Lutheran Chapel
during construction and for one year after completion of construction of the second
track.
D. Pre - construction Surveys: NCDOT will conduct a pre - construction survey of
Lutheran Chapel to record a "before" condition so that any construction- related
damage can be accurately identified.
E. Post - construction Vibration Damages: Representatives of Lutheran Chapel will
consult with the signatories of this agreement, if the threshold alarm is triggered as a
result of trains passing closer to the structure after construction of the second track.
V. Photorecordation
Prior to the initiation of construction, NCDOT will record the existing condition of
Lutheran Chapel in accordance with the attached Historic Structures and Landscape
Recordation Plan (Attachment A). Copies of the documentation will be provided to
Lutheran Chapel and deposited in the files of the State Historic Preservation Office and
the files of the Historic Architecture Group of NCDOT.
VI. Unanticipated Discovery
In accordance with 36 CFR 800.11(a), if NCDOT identifies additional cultural
resource(s) 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 FRA and
SHPO contacted. If after consultation with the Signatory and Concurring Party(ies)
additional mitigation is determined necessary, the NCDOT, in consultation with the
Signatory and Concurring Party(ies), 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.
VII. Dispute Resolution
Should any of the Signatory or Concurring Party(ies) object within thirty(30) days to any
plans or documentation provided for review pursuant to this MOA, the FRA shall consult
with the objecting party(ies) to resolve the objection. If the FRA or objecting party(ies)
determines that the objection cannot be resolved, the FRA 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:
P -5206 MOA 3

1. Provide the FRA with recommendations which the FRA will take into account in
reaching a final decision regarding the dispute, or
2. Notify the FRA 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 FRA, 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 Council will be understood to pertain
only to the subject of the dispute; FRA 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.
VIII. Amendments
Should any of the Signatory or Concurring 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). If an amendment cannot be agreed upon, the dispute resolution
process set forth in Stipulation VII will be followed.
IX. Termination
Any of the Signatory Party(ies) may terminate the MOA 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 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.
X. Duration
Unless terminated pursuant to Stipulation IX above, this MOA will be in effect until
FRA, in consultation with the other Signatory and Concurring Party(ies), determines that
all of its terms have satisfactorily been fulfilled or if NCDOT is unable or decides not to
construct the Undertaking.
Execution of this Memorandum of Agreement by FRA, NCDOT and the North Carolina SHPO,
its subsequent filing with the Council, and implementation of its terms evidence that FRA has
afforded the Council an opportunity to comment on the Undertaking that FRA has taken into
account the effects of the Undertaking on the historic properties.
P -5206 MOA 4

AGREE:
Federal Railroad Administration
Paul Nissenbaum
Federal Railroad Administration
State Historic Preservation Officer:
Jeffery J.`Li'dW
North Carolina St istoric Preservation Officer
North Carolina Department of Transportation:
Marc Hamel
NCDOT Rail Division
FILED:
W.
Da
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Date
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Date
Advisory Council on Historic Preservation Date
P -5206 MOA 5

MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL RAILROAD ADMINISTRATION,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
RAIL DIVISION DOUBLE TRACK FROM SALISBURY TO KANNAPOLIS ALONG
NORTH CAROLINA RAILROAD RAILWAY
ROWAN AND CABARRUS COUNTIES, NC
TIP PROJECT P -5206
FEDERAL AID PROJECT FR- HSR- 0006- 10 -01 -00
Execution of this Memorandum of Agreement by FRA, NCDOT and the North Carolina SHPO,
its subsequent filing with the Council, and implementation of its terms evidence that FRA has
afforded the Council an opportunity to comment on the Undertaking and that FRA has taken into
account the effects of the Undertaking on the historic properties.
CONCUR:
Lutheran Chapel Congregational Council Date
P -5206 MOA 6

ATTACHMENT A
Historic Structures and Landscape Recordation Plan
Rail Division Double Track from Salisbury to Kannapolis along NCRR Right -of -Way
Rowan and Cabarrus Counties, North Carolina
TIP No. P -5206
Federal Aid No. FR -HSR- 0006- 10 -01 -00
PHOTOGRAPHIC REQUIREMENTS
❑ Overall views of Lutheran Chapel including landscapes and views to communicate the
relationship of buildings, parking, and railroad corridor.
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 April 2008."
COPIES AND CURATION
❑ One (1) set of all photographic documentation will be deposited with the North Carolina
Historical Resources /State Historic Preservation Office to be made a permanent part of the
statewide survey and iconographic collection.
❑ One (1) set of all photographic documentation will be deposited in the files of the Historic
Architecture Group at NCDOT.
❑ One (1) set of all photographic documentation will be delivered to the pastor of Lutheran
Chapel.
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