20190200 Ver 1_Warren 9 Hist Str Signed MOA_20190213

MEMORANDUM OF AGR��M�NT
AMONG THE ARMY CORPS OF ENGINEERS,
TH� NORTH CAROLINA AEPARTMENT OF TRANSPORTATION,
AND
TH� NORTH CAROLINA STATE HISTORTC PRESERVATION OFFICER
FOR
'1'HE REPLACEMENT OF BRIDGE 9
ON NC 58 OVER TH� LITTLE SHOCCO CREEK
WARREN COUNTY, NORTH CAROLINA
WBS# 17BP.S.Ii.72
WHEREAS, the United States Army Coips of Engineers (USACE) has determined that
the replacement of Bridge Number 9 on NC 58 over the Little Shocco in Warren County,
North Carolina (the Undertaking) will have an adverse effect upon Warren County
Bridge Number 9, a structure determined eligible for listing in the National Register of
Historic Places (NRHP); and
WHEREAS, the USACE has consulted with the North Carolina State Historic
Preseivation Officer (SHPO) pm•suant to 36 CFR Part 800, regulations implementing
Section 106 of the National Historic Prese�vation Act (54 U.S.0 306108); and .
WHEREAS, USACE has notified the Advisory Council on Historic Preservation
(Council) of the adverse effect and it has declined to eomment or participate in the
consultation; and
WHEREAS, the Noith Carolina Department of Transportation (NCDOT) has
participated in the consultation and has been invited by USACE and the North Carolina
SHPO to be a signatory to this Memoxandum of Agreement (MOA); and
NOW, TAEREFORE, USACE, NCDOT, and the North Carolina SHPO agree that the
Undertaking shall be nuplemented in accordance with the following stipulations in order
to take into account the effects of the Undertaking on the historic property.

STIPULATIONS
The USACE and NCDOT wiil 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. 9 and its sun�oundings in accordance with the attached Historic
Stnictures and Landscape Recordation Plan (Appandix A). Copies of the
documentation will be deposited in the files of the State Historic Preseivation
Office, and khe NCDOT Historic Architechue Section.
II. Ununticipated Discovery
In accordance with 36 CFR 800.13(b), if NCDOT identifies additional cultural
resource(s) during construcrion 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 aud SHPO contacted. If after consultation with the Siguatary and Parties
additional initigation is determined necessary, tl�e NCDOT, in consultation with
the Signatory and Parties, will develop and implement appropriate
protecrion/mitigation measures for the resource(s). Inadvei1ent or accidental
discovexy of human remains will be handled in accordance with North Carolina
General Statutes 65 and 70.
III.Dispute Resolution
Should any of the Signatory oi Paities object within (30) days to any plans ox
documentauon piovided for icview puxsuant to this Agxeement, the USACE shall
consult with the oUjecting paxty(ies) to fesolve the objecuon. If the USACE oi the
objecting pacty(ies) detertniues that the objection cannot be xesolved, the USt10E
wHl forward all documentzition ielevant to the dispute to die Council. Within thicty
(30) days after xeceipt of nll pextinent docuinentation, the Council will eithex:
1. Provide the USACE with xecommendations, which the USACE will take
into account in reaching a final decision regarding the dispute, or
2. Notify the USACE that it will comment pursuarit to 36 CFR Section
800.7(c) and proceed to comment. Any Council comment provided in
res�onse to such a request will be taken into account by the USACE in
accordance with 36 CFR Secflon 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; USACE and NCDOT's responsibility to
carry out all of the actions imder this agreement that are not the subject of the
dispute will remain 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). ff an ainendment cannot be agree upon, the dispute resolution
process set forth in Stipulation IV will be fol(owed.
V. Terminatlon
Any of the Siguatory Party(ies) may teiminate the agreement by providing notice
to the other pai4ies, provided that the signatories and concurring parti�s 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 teiminated by the
execution of a subsequent MOA that explicitly terminates or supersedes its terms.
VI. Duration
Unless teiYninatedpursuant to Stipulation V above, this MOA will be in effect
until USACE, in consultation with the other Signatory and Parties, deternunes
that all of its terms have satisfactorily been fialfilled orifNCDOT is unable or
decides not to consG•uct the Undertaking.
Execution of this Memorandum of Agreement by USACE, NCDOT, and the North
Carolina SHPO, and implementation of its terms, evidence that USACE has afforded the
Council an opportunity to co�runent on the Undertaking, and that USACE lias taken into
account the effects of tha Undertaking on historic prope�ties.

SIGNATORTES:
Ij By: � Date: �l/l�a�(�
�I�I RobettJ. lark
Colonel, U. S. Aimy
District Coanmander
$'� Date: t z 20
Kevin Che ry, Ph.D.
North Caro ina State Historic Pr vation Officer
North Carolina Department of Cultural Resources Officer
BY '����-��"' � � Date: I Z � B �l
Philip S. Harris II, P.E., C.P.M.
Environment Analysis Unit Head
North Carolina Departmevt of Transportation

MEMORANDUM OF AGR�EMENT
AMONG THE ARMY CORPS OT ENGINLERS,
TH� NORTH CAROLINA DEPARTM�NT OF TRANSPORTATION,
AND
TH� NORTH CAROLINA STATE HISTORTC PRESERVATION OFFICER
FOR
THE REPLACEMENT OF BRIllGE 9
ON NC SS OVER TH� LITTLE SHOCCO CREEK
WARR�N COUNTY, NORTH CAROLINA
FILED:
By: Date:
Advisory Council on Historic Preservation

APP�NDIX A
Historic Structures and Landscape Recordation Plan
For
The Replacement of Bridge Number 9
On NC 58 Over Little Shocco Creek
Photographic Reqnirements
■ Elevations and oblique views of Bridge No. 9 and its setting.
• Representative structural and oinamantal details of the bridge.
Photograpl�ic Format
• Color digital images (a(1 views). Images are to be shot on a SLR digital camera with a
minimwn resolution of 6 megabyte pixels, at a high quality (preferably RAW) setting,
to be saved in TIF format as the archival masters and labeled according to the State
Aistoric Preservation Off'ice standards.
• All processing to be done to archival standards.
• The accompanying printed inventory of the images — including subject, location, date,
and photographer information for each unage — is to be completed according to the
State Historic Preservation Office standards.
Copies and Curation
One (1) set of all above mentioned photographic documentation, including a compact
disc of labeled images, will be deposited with the North Carolina Office of Archives
and History/Historic Preseivation Office to be made a peirnanent part of the statewide
sm�vey and iconograpl�ic collection.
One (1) contact sheet shall be deposited in the files of the Historic Architecture
Section of NCDOT.