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HomeMy WebLinkAbout20160830 Ver 2_executed MOA 2011-02039_20171026MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT AND NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR LE El ROAD MARKET PLACE DEVELOMENT, RALEIGH, NC WAKE COUNTY WHEREAS, the United States Army Corps of Engineers, Wilmington District (USACE) is considering the issuance of a permit for the construction of the Leesville Road Market Place (the Undertaking), pursuant to Section 404 of the Clean Water Act (33 U.S,C. § 1344); and WHEREAS, the Leesville Road Teacherage, a property determined eligible for listing in the National Register of Historic Places (the Historic Property) and located on the project site is to be relocated to facilitate the Undertaking; and WHEREAS, the USACE has determined that the Undertaking will have an adverse effect on the Historic Property and has consulted with the North Carolina State Historic Preservation Officer (SHPO) pursuant to 36 C.F.R. § 800, of the regulations implementing Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108); and WHEREAS, the USACE has invited Halpern Enterprises, Inc. (the Developer), represented by William Brown, and the Raleigh Historic Development Commission (RHDC) to sign this Memorandum of Agreement (MOA) as concurring parties; and WHEREAS, In accordance with 36 C.F.R. § 800.6(a)(1), the USACE has notified the Advisory Council on Historic Preservation (ACNP) of its adverse effect determination with specified documentation and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii); and WHEREAS, members of the general public and other interested parties were afforded an opportunity to participate in and comment on the proposed Undertaking in accordance with 36 C.F.R. § 800.2(d) and 36 C.F.R. §800.3(e); and WHEREAS, the SHPO has confirmed that there are no Native American Tribes that ascribe cultural significance to lands in Wake County, North Carolina; NOW, THEREFORE, the USACE and SHPO agree that any permit issued by the USACE for the Undertaking shall include the following stipulations In order to take into account the effect of the Undertaking on the Historic Property. STIPULATIONS I. Recordation A. Prior to the relocation of the Historic Property, the Developer shall fully document in accordance with Appendix A and record the existing condition of the Leesville Road Tencherage and Its surroundings in accordance with the attached Historic Structures and Landscape Recordation Plan [Appendix A]. B. The draft results of the recordation will be provided to the SHPO within thirty (30) days of execution of this MOA by all parties, The SHPO will have fifteen (15) days from date of receipt to review the submitted recordation and offer comments. If the SHPO does not respond within the fifteen (15) days, the recordation shall be considered acceptable. II. Relocation and Security A. The Developer shall relocate the two-story section of the Historic Property to a new site, and will reassemble and reconstruct the Historic Property consistent with its existing condition, which work shall occur by March 31, 2018, Prior to relocation, the internal chimneys will be demolished. The bricks are to be palletized and moved with the house, for use at the new Owner's discretion. Internal chimneys are not required to be re -installed consistent with their current construction. The roof may either be replaced or patched where the chimneys are removed, accordingly. Efforts will be made to keep the historic building near the historic Leesville community. B. At the new site, the Historic Property will be oriented with its front f tgade facing the road to mimic its orientation at its historical location. C. The Developer will construct it new foundation and secure the historic property to it, and make the Historic Property weatherproof. The Developer will repair or replace in-kind any siding removed for the relocation. The windows will be reinstalled if removed for relocation, as well as will be repaired or replaced if damaged during relocation. D. The Developer shall be responsible for ensuring that the Historic Property is reasonably secured and protected during the period it is unoccupied on its current site, and/or until it transferred to the ownership of another party by contractual agreement, If the Developer does not complete the reconstruction of the Historic Property consistent with its existing condition prior to the transfer of ownership, the Developer shall be responsible for ensuring and enforcing that any such contractual agreement includes a requirement that the Historic Property be reconstructed, to a minimum, consistent with its existing condition. III. Study List Application Following the move of the Teacherage to its new location, the Developer shall engage the services of a qualified Architectural Historian to prepare and submit a State Study List application to the SHPO within 24 months of the relocation. IV. Dispute Resolution Should the North Carolina SHPO or any other party to this Agreement object within fifteen (15) days of receipt of the draft recordation, as referenced in Section I hereinabove, or within thirty (30) days for any other plans or documentation provided for review pursuant to this Agreement, USACE shall consult with the North Carolina SHPO to resolve the objection. If USACE or the North Carolina SHPO determines that the objection cannot be resolved, USACE will forward all documentation relevant to the dispute to the ACNP. Within thirty (30) days after receipt of all pertinent documentation, the ACHP will either: A. Provide USACE with recommendations which USACE will take into account in reaching a final decision regarding the dispute, or B. Notify USACE 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 USACE 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; USACE's responsibility to carry out all the actions under this Agreement that are not the subject of the dispute will remain unchanged. V. Duration This MOA shall be in effect and have the same duration as the, USACE's permit duration of five years from the date of issuance of said permit. VI. Amendments 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. VII. Termination If any signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation VI, above. If within thirty (30) days an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories. Once the MOA is terminated, and prior to work continuing on the Undertaking, the USACE must either (a) execute an MOA pursuant to 36 CFR § 800.6 or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. The USACE shall notify the signatories as to the course of action it will pursue. Execution of this MOA by the USACE and SHPO and implementation of its terms evidence that the USACE has token into account the effect of this Undertaking on the Historic Property and afforded the ACHP an opportunity to comment. AGREED: Commander JJ. S, Army CorKlof Engineers, Wilmington District C r Colonel Robert J. Clark AGREED: North Carolina State Historic Preservation Officer CONCUR: Halpern Enterprises, Inc. William Brown, CONCUR: Raleigh Historic Development Commission Davis, Chair 7 W/ if 11 -4 - FILED BY ADVISORY COUNCIL ON HISTORIC PRE, SERVATION Date Council Staff T Appendix A Historic Structures and Landscape Recordation Plan For Leesville Road Teacherage Raleigh, North Carolina Historical Background: A brief historical and physical narrative/description of the Teacherage should be prepared to include the following: • Date of construction • Architect/builder, if known • Owners and uses of the Teacherage since construction • Size and sketch plan of Teacherage • Materials and any significant architectural details or elements Il. Photographic Requirements: Photographic views of the Teacherage and setting, including: • Overall views • Each visible elevation of the Teacherage • Details of construction or design including exterior and interior architecturally significant elements • Streetscapes showing the relationship of the Teacherage to the street and adjoining properties, if possible • Sketch site plan keyed to photographs listed above 111. Format: Digital Digital Images on CD, (must be accompanied with prints of each image): • Use at least a 6-megapixel camera • Maybe jpeg format • Must be at least 3000 pixels x 2000 pixels (450 ppi for a 6.5" x 4.5") • Label files as follows: County Name, Property Name, Describe View/ Image, Photographer Name, Photo Date, Photo Number jpg. IV. Copies and Curation: • One (1) CD and 1 set of labeled photos will be deposited with the North Carolina State Historic Preservation Office to be made a permanent part of the statewide survey and iconographic collection • All digital images and photographs to be labeled according to Division of Archives and History standards.