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Home My WebLink About20170938 Ver 1_Predraft MOA_07-25-2017_20170731Draft Memorandum of Agreement (MOA) Central Carolina Intermodal Facility Project Edgecombe County, North Carolina MEMORANDUM OF AGREEMENT AMONG THE UNITED STATES ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER, THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, CSX TRANSPORTATION, INC. AND CSX INTERMODAL TERMINALS, INC. FOR THE CENTRAL CAROLINA INTERMODAL FACILITY PROJECT EDGECOMBE COUNTY, NORTH CAROLINA WHEREAS, the CSX Intermodal Terminals, Inc. (CSXIT) propose to construct the Central Carolina Intermodal Facility (CCX) in Edgecombe County, North Carolina, consisting of an intermodal freight terminal, lead tracks to existing rail lines, office buildings, roadways, storm water management basins, and ancillary facilities; and WHEREAS, the United States Army Corps of Engineers, Wilmington District (USACE) is considering the issuance of a Department of the Army permit for the Central Carolina Intermodal Facility project; and WHEREAS, the project is an Undertaking under Section 106 of the National Historic Preservation Act (Section 106) (16 U.S.C. §470); and WHEREAS, USACE is the responsible federal agency under Section 106 and the National Environmental Policy Act (NEPA) (42 U.S.C. §4321 et seq.); and WHEREAS, USACE consulted with the North Carolina State Historic Preservation Officer (SHPO) pursuant to 36 C.F.R. §800, the regulations implementing Section 106; and WHEREAS, through consultation with SHPO, USACE determined that the Undertaking has an area of potential effects (APE), as shown in Appendix A, and SHPO concurred in that determination on June 2, 2017; and WHEREAS, the Odom-Cooper-Flye Farm (ED1639), including the Henry Odom Tenant House (ED0624), which USACE previously determined to be eligible for inclusion in the National Register of Historic Places (NRNP), is within the APE; and WHEREAS, USACE has determined that the Undertaking will have an adverse effect on the Odom-Cooper-Flye Farm; and WHEREAS, USACE has consulted with SHPO in accordance with Section 106 and its implementing regulations to resolve the adverse effect of the Undertaking on the Odom-Cooper- Flye Farm; and Page 1 of 6 Draft Memorandum of Agreement (MOA) Central Carolina Intermodal Facility Project Edgecombe County, North Carolina WHEREAS, NCDOT participated in the consultation and has been invited to be a signatory to this MOA; and WHEREAS, CSX AND CSXIT participated in the consultation and has been invited to be a signatory to this MOA; NOW, THEREFORE, USACE and SHPO agree that the Undertaking shall be implemented in accordance with the following stipulations to consider the adverse effect of the undertaking on the Odom-Cooper-Flye Farm. STIPULATIONS I. Mitigation A. Contextual Study of Extant Historic Farm Resources in Edgecombe County NCDOT will prepare a contextual study of extent historic farm resources in Edgecombe County. CSXIT will provide funding for the study. The study will focus on those farm resources that are over 50 years of age at the time of the study and retain sufficient standing buildings, structures, and/or objects to be readily identified as a farm, whether active, repurposed, or abandoned. The study will address tenant houses if they appear to be associated with extant farm resource. The study will provide: a. reconnaissance -level documentation of the range of surviving historic farm resources in the county; b. intensive -level documentation for a limited number of farm resources with representation of at least one resource in each of the fourteen townships of the county; C. recommendations for resources to be included in the North Carolina Study List; d. a written report that includes a general historic context and an architectural context for the farms of the county. 2. Prior to initiation of the study, NCDOT and CSXIT will prepare and submit a detailed scope of work to SHPO and USACE for review and approval. The scope of work will define a proposed level of effort, parameters for context development, and the format of deliverables, including GIS documentation requirements. The scope of work will establish a finite number of resources to be documented at the reconnaissance and intensive levels. It will also specify that planning and background research for reconnaissance -level documentation will utilize information on previously recorded resources from SHPO survey files, Page 2 of 6 Draft Memorandum of Agreement (MOA) Central Carolina Intermodal Facility Project Edgecombe County, North Carolina information from the 1905 Map of Edgecombe County, North Carolina and the 1938 Map of Edgecombe County (Statewide Highway Planning Survey) showing individual properties in the townships outside the municipalities, the current list of Century Farms posted by the North Carolina Department of Agricultural and Consumer Services, and a local advisory committee or focus group assembled based on recommendations from such agencies as the North Carolina Cooperative Extension Service, Edgecombe County Center. For intensive -level documentation, the scope of work will outline a procedure for SHPO and USACE to approve selected resources. 3. NCDOT will conduct fieldwork for reconnaissance -level documentation from public rights-of-way. The fieldwork will involve digital photography (up to 6 photos per resource) and the collection of minimal information for each resource (name, address, construction date, style of primary resource, number of outbuildings and key outbuilding types, and integrity). NCDOT will complete a SHPO Survey Site Form with required photographic documentation for each newly identified resource and an updated form for each previously recorded resource. For intensive -level documentation of selected resources NCDOT will secure permission of property owners to obtain access for digital photography and the preparation of sketch site plans showing the relationship of component buildings. Interiors of dwellings will not be accessed; interiors of other farm buildings will be accessed if required to determine building function, but no floor plans will be prepared. NCDOT will conduct informant interviews, as appropriate, and deed, will, and/or census research to provide sufficient context for understanding the historic themes associated with the farms, including ethnicity. NCDOT will update SHPO Survey Site Forms based on intensive -level documentation and prepare a one -or -two-page survey narrative for the SHPO survey file. 4. NCDOT will prepare a written report on the study, designed to serve as a resource for the evaluation of similar resources in the region and as a suitable document for public dissemination. The report will address the early history of farming in the county and how it is reflected in the built environment, as well as the impact of twentieth-century developments, such as mechanization and the tobacco allotment program, on the nature of farm architecture and landscapes. NCDOT will create GIS shapefile data for addition to SHPO's HPOWEB GIS Service. Shapefile data will comply with SHPO standards. IL Unanticipated Discovery Page 3 of 6 Draft Memorandum of Agreement (MOA) Central Carolina Intermodal Facility Project Edgecombe County, North Carolina A. In accordance with 36 CFR §800.11(a), and prior to initiation of construction activities, USACE shall ensure preparation of a plan of action should archaeological or architectural resources be inadvertently or accidentally discovered during the construction phase of the Undertaking. The plan shall provide for an assessment of the significance of the discovery in consultation with SHPO. Inadvertent or accidental discovery of human remains will be handled in accordance with North Carolina General Statutes 65 and 70. III. Dispute Resolution A. Should any party to this MOA, per 36 CFR §800.6(c)(1) and (2), object within thirty (30) days to any plans or documentation provided for review or object to the way the terms of this MOA are implemented, USACE shall consult with such party to resolve the objection. The objection must specify how the actions or manner of implementation is counter to the goals, objectives, or specific stipulation of this MOA. If USACE determines that such objection cannot be resolved, USACE will forward all documentation relevant to the dispute, including USACE's proposed resolution, to the Advisory Council on Historic Preservation (ACHP). ACHP shall provide USACE with its advice on resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, USACE shall prepare a written response that considers any timely advice or comments regarding the dispute from ACHP and signatories, and provide them with a copy of this written response. USACE will then proceed per its final decision. If ACHP does not provide its advice regarding the dispute within the thirty (30) -day period, USACE may make a final decision on the dispute and proceed accordingly. Prior to proceeding, USACE shall notify the parties to this MOA of its decision regarding the dispute. B. USACE's responsibility to carry out all other actions subject to the terms of this MOA that are not the subjects of the dispute remain unchanged. IV. Amendment A. Any signatory or invited signatory to this MOA may propose to USACE that the agreement be amended, whereupon USACE shall consult with the other parties to this MOA to consider such an amendment. 36 CFR §800.6(c) (1) and (7) shall govern the execution of any such amendment. No amendment shall be made without the written consent of USACE, SHPO, NCDOT, CSXT and CSXIT. V. Termination A. If any signatory or invited signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other signatories to attempt to develop an amendment. If within thirty (30) days (or Page 4 of 6 Draft Memorandum of Agreement (MOA) Central Carolina Intermodal Facility Project Edgecombe County, North Carolina another time period agreed to by all signatories) an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories. VI. Duration A. This agreement shall terminate five (5) years from the date of its execution, unless the signatories agree in writing to an extension for carrying out its terms. VII. Miscellaneous A. USACE, SHPO, NCDOT, and CSX shall comply with Article 2, Chapter 64, of the North Carolina General Statutes. USACE, SHPO, NCDOT, CSXT and CSXIT hereby certify that USACE, SHPO, NCDOT, CSXT and CSXIT, respectively, are not on the Iran Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58. B. There are no third -party beneficiaries to this MOA. Execution of this MOA by USACE, SHPO, NCDOT, CSX and CSXIT and implementation of its terms, evidences that USACE has complied with Section 106 on the Undertaking and its effects on Odom-Cooper-Flye Farm and that USACE has considered the effects of the Undertaking on Odom-Cooper-Flye Farm. AGREE: United States Army Corps of Engineers, Wilmington District By: Kevin P. Landers, Sr. Date Colonel, U.S. Army District Commander North Carolina State Historic Preservation Officer By: Kevin Cherry, Ph.D. Date North Carolina State Historic Preservation Officer North Carolina Department of Transportation By: Beverly G. Robinson Date Project Development Group Page 5 of 6 Draft Memorandum of Agreement (MOA) Central Carolina Intermodal Facility Project Edgecombe County, North Carolina CSX Transportation, Inc. By: name Date title CSX Intermodal Terminals, Inc. By: name Date title Page 6 of 6