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.