20190200 Ver 1_Franklin 66 full MOA documentation_20190213

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-9343
March 7, 2018
Regulatory Division
Action ID No: SAW-2016-02261
Mr. Reid Nelson, Director
Advisory Council on Historic Preservation
Office of Federal Agency Programs
401 F Street NW, Suite 308
Washington, DC 20001-2637
Re: Memoranda of Agreement (MOA) for NCDOT, Replace Bridge Nos. 9 and 66, at the
borders of Warren and Franklin Counties, North Carolina. The project will adversely affect the
existing historic bridges.
Deax Mr. Nelson:
Enclosed please find a copy of the two MOA between the US Army Corps of Engineers, the
North Carolina Department of Transportation (NCDOT), and the State Historic Preservation
Office, that was developed to address the Adverse Effects of replacing Bridge Nos. 9 and 66 over
Little Shocco Creek, and a floodplain channel, on NC Highway 58 at the boxders of Warren and
Franklin Counties, North Carolina, on the existing historic bridges. Inasmuch as it will be
necessary to secure a Corps pernut under the authority of the Clean Water Act for the bridge
replacement, and there is no other known Federal action related to this project, the Wilmington
District Corps of Engineers served as the lead Federal agency with respect to ensuring
compliance with Section 106 of the Historic Preservation Act. A permit for the referenced
project,
if issued, will contain a condition that obligates NCDOT to comply with the provisions contained
therein.
In accordance with 36 CFR §800.6(b)(1)(iv), we are forwarding a copy of the two executed
MOA for your records.

If you have any questions or need additional information, please contact Eric Alsmeyer at
the Raleigh Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
1 � ���
��� Scott M endon
Chief, Regulatory Division
Wilmington District Office
Enclosures
Copies furiushed (with enclosures):
Ms. Renee Gledhill-Earley
North Carolina Department of Cultural Resources
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
North Caxolina Department of Transportation
Human Environment Unit
Attn: Ms. Kate Husband
Mail Service Center 1598
Raleigh, NC 27699-1598

MEMORANDUM OF AGRE�NIENT
AMONG THE U.S. ARMY CORPS OF ENGINEERS,
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
THE REPLACEMENT OF BRIDGE NO. 66
ON NC 58 UVER SHOCCO CREEK
FRANKLIN COUNTY, NORTii CAROLINA
WBS N0.17BP.S.R.87
WHEREAS, the U.S. Army Co�ps of Engineers (USACE) has determined that the
replacement of Bridge No. 66 over Shocco Creek on NC 58 (the Undertaking), will have
atl adverse effect upon Franklin County Bridge No. 66, a reinfozced concrete tee beam
bxidge that is eligible for listing in the National Register of Historic Places (NRHP)
because the undertaking will require the removal of the historic bridge; and
WHEREAS, the USACE has consultcd with the North Carolina State Historic
Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implem.enting
Section 106 of the National Historic Preservation Act (54 U.S.C. 306108); and
WHEREAS, the USACE has notified the Advisory Council on Historic Preservation
(Council) oi the adverse effect and the Council has declined to coxnrnent or participate in
the consultation;
WHEREAS, the North Carolina Department of Transportation (NCDOT) has
participated in the consultation and been invited by USACE and the North Carolina
SHPO to be a signatory to this Memorandum of Agreement (MOA); and
NOW, THEREFORE, USACE, 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.

STYPULATIONS
The USACE and NCDOT shall ensure that the following measures are carried out:
I. Photorecordation
Prior to the initiation of construction, NCDOT will record the existing condition
of Bridge No. 66 and its surxoundings in accordance with the attached Historic
Structuxes and Landscape Recordation Plan (Appendix A). Copies of the
documentation will be deposited in the files of the State Historic Preservation
Office, and the NCDOT Historic Axchiteciure Section.
II. Unanticipated Discovery
In accordance with 36 CFR 800.13(b), if NCDOT identifies additional cultuzal
xesource(s) during construction and determine them to be eligible for the NRHP,
all work will be halted within the limits of the NRHP-eligible resource(s) and the
USACE and SHPO contacted. If after consultation with the Signatory and Parties
additional mitigation is determined necessary, the NCDOT, in consultation with
the Signatoiy and Parties, will develop and innplement appropriate
protection/rrtitigation measures for the resource(s). Inadvertent or accidental
discovery of huznan remains will be handled in accordance with North Carolina
General Statutes 65 and 70.
IlI.Dispute Resolution
Should any of the Signatory or Parties object within (30) days to any plans or
documentation provided for review pursuant to this Agreement, the USACE shall
consult with the objecting party(ies) to resolve the objection. If the USACE or
the objecting party(ies) deteitinines that the objection cannot be resolved, the
USACE will forward all documentation relevant to the dispute to the Council.
Within thirty (30) days aftez receipt of all pertinent documentation, the Council
will either:
1. Provide the USACE with recommendations, which the USACE will take
into account in reaching a final decision regarding the dispute, or
2. Notify the USACE that it will comrnent pursuant to 36 CFR Section
800.7(c) and proceed to comrr�ent. Any Council comment provided in
response to such a request will be taken into account by the USACE in
accordance with 36 CFR Section 800.7 {c) (4) with reference to the
subject of the dispute.
Any xecommendation or comment provided by the Council will be understood to
pertain only to the subject of the dispute; USACE and NCDOT's responsibility to
cariy out all of the actions under this agreement that are not the subject of the
dispute will xexnain unchanged.

IV. Amendments
If any Signatory to this MOA believes 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 agree upon, the dispute resolution
process set forth in Stipulation VIII will be followed.
V. Termination
Any Signatory to this MOA may terzninate the agreement by providing notice to
the other parties, provided that the signatories and concurring parties will consult
during ihe period prior to termination to seek agreement on amendxnents or other
actions that would avoid termination. Teimination of this MOA will require
compliance with 36 CFR 800. This MOA may be termivated by the execution of
a subsequent MOA that explicitly terminates or supersedes its terms.
VI. Duration
Unless terminated pursuant to Stipulation V above, this MOA will be in effect
until USACE, in consultation with the other Signatory Party{ies), deteirnincs that
all of its terms have satisfactorily been fizlfilled or if NCDOT is unable or decides
not to construct the Undertaking.
Execution of this Memorandum of Agreement by US�iCE, NCDOT and the North
Carolina SHPO, its subsequent iiling with the Council, and implementation of its tertns
evidence that USACE has affoxded the Council an opportunity to comment on the
Undertaking that USACE has taken into account the effects of the Undertaking on the
historic properties.

AGRE�:
United State Army Corps of Engineers
Robert J. Cl�
Colonel, U. Arrz�y
District Commander
State H�istoric Preservation Ofiicer:
North Caralina Department of Transporiation.
� �O �b��
Date
t c7 J� 2� t'�""
Date
1�- ' _� oq tiq zct7
Philip S. arris III, P.E., C.P.M. Date
Environment Analysis Unit Head
North Carolina Departrnent of Transportation
FILED:
By:
Advisory Council on Historic Preservation Date
North Carolina �tate Historic Preservatior� Officer
No��tk� Caxalina Department of Cultural Resources Officer

APP�NDIX A
Histoi•ic Structures and Landscape Recorciation Plan
For
The Replacement of Bridge Number 66
�n NC 58 Over Shocco Creek
Franldin County, North Carolina
PHOTOGRAP�IIC REQIIIREMENTS
■ Elevations and oblique views of Bridge Number 6b and its setting.
■ Representative structural and oi�amental details of the bridge.
Photographic Format
■ Color digital images (all views). Images are to be shot on a SLR digital camera with a
minimum resolution of 6 megabyte pixels, at a high quality (preferably RAVi� setting,
to be saved in TIF format as the archival masters and labeled according to the State
Historic Preseivation Off'ice standards.
■ All processing to be done to archival standards.
■ The acconnpanying printed inventory of the images — including subject, location, date,
and photographer information for each image — is to be completed according to the
State Historic Preservation Office standards.
Copies and Curation
One (1) set of all above mentioned photographic docurrxentation, including a compact
disc of labeled images, will be deposited with the North Carolina Office of Archives
and History/Historic Preservation Office to be made a permanent part of the statewide
survey and iconographic collection.
One (1) contact sheet shall be deposited in the files of the Historic Arclutecture
Section of NCDOT.

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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Of�ce
Ramona M. Bartos, Adininistrator
Governor Roy Cooper
Secretary Susi H. Hamilton
Apri130, 2018
MEMORANDUM
TO: Kate Husband
Office of Human Environment
NCDOT Division of Highways
�
FROM: Renee Gledhill-EarleS� -�?--�-�?-��' ����� �` "�'_`�'�,.�``" � ������
Environmental Revie�� Coordinator �'
Office of Archives and Ilistory
Deputy Secretary I�evin Cherry
SUBJECT: Photo-docuinentation for Bridge 66 on NC 58 over Shocco Creek, PA-1C-09-0005,
Franklin County, ER 17-0170
Thank you for your Nlarch 19, 2018, letter transmitting the photo-documentation undertaken for the aboti e-
referenced �rojec.t. Due to the pllotographs on tlle proof sheets not matc.l�ing the images on the disk, �ve
requested your providing us with a set of the correct proofs. Having received them last week, �ve axe no�v able
to confirm that NCDOT has completed the mitigation measures outlined in the Memoiandum of Agreement
for tlze removal of Bridge 66 o�=er Shocco Creek.
The abo��e comments are made pursuant to Section 106 of the National Historic I'resei-�ration Act and the
r1d�Tisoty Cot.incil on Historic Presei-��ation's Regulations for Compliance �vidz Section 106 codified at 36 CFR
Part 800.
Thank you foi your cooperation and consideration. If you have quesrions concerning the above comment,
contact Renee Gledhill-Earle��, environmental review coordinator, at 919-807-6579 or
em�ironmental.review(aincdcr.gov. In all future communication concerning this project, please cite tl�e above
referenced tracking number.
cc: Mary Pope Furr, NCDOT
Location: lU9 Fast Jones Strcet, Raleigh NC 27601 Mailing Address: 4617 Mail Sen•icc Center, Raleigh NC 27[,9J-4G17 Te(ephone/Fax: (119) 807-G570/807-6�99