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STATES OF �
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 14, 2018
Regulatory Division
Action ID No: SAW-2017-00787
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: Memorandum of Agreement (MOA) for the replacement of Bridge Nos. 174 and 175 on SR
1332 over Big Creek in Haywood County, North Carolina (ACHP case number 11671).
Dear Mr. Nelson:
Enclosed pleas,e find a copy of the MOA between the U.S. Army Corps of Engineers
(USACE), the North Carolina Department of Transportation (NCDOT), and the N.C. Historic
Preservation Office (NC-HPO), that was developed to address adverse effects to Bridge Nos. 174
and 175 which will result from the bridge replacement proj ect. These bridges are contributing
elements to the Waterville Historic District and are located on SR 1332 (Waterville Road), over
Big Creek in Haywood County, North Carolina.
The Federal Highway Administration is not funding this project. Because implementation of
this project will require authorization under Section 404 of the Clean Water Act, the USACE,
Wilmington District served as the lead Federal agency with respect to ensuring compliance with
Section 106 of the National Historic Preservation Act. USACE authorization, if issued for this
project, will contain a special condition that requires NCDOT to comply with the stipulations
contained in the MOA.
-2-
In accordance with 36 CFR §800.6(b)(1)(iv), we are forwarding a copy of the executed MOA
for your records. If you have any questions or need additional information, please contact Ms.
Lori Beckwith of the Asheville Regulatory Field Office, at 828-271-7970, ext. 4223.
Sincerely,
Scott cLendon
Chief, Regulatory Division
Wilmington District Office
Enclosures
e-Copies furnished (w/enclosures):
NC-HPO, Ms. Renee Gledhill-Earley
NCDOT, Ms. Kate Husband
MEMORANDUM OF AGREEMENT
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 NOS.174 AND 175
ON SR 1332 (WATERVILLE ROAD) OVER BIG CREEK
HAYWOOD COUNTY, NORTH CAROLINA
WBS N0.14SP.20441.1 AND 14SP.20441.2
WHEREAS, the U.S. Army Corps of Engineers (USACE) has determined that the
replacement of Bridge Nos. 174 and 175 over Big Creek on SR 1332 (Waterville Road)
(the Undertaking), will have an adverse effect upon Haywood Bridge Nos. 174 and 175,
both girder and floorbeam bridges which are 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 consulted with the North Carolina State Historic
Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing
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) of the adverse effect and the Council has declined to comment 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.
STIPULATIONS
The USACE will include the following measures in their permit conditions:
I. Photorecordation
Prior to the initiation of construction, NCDOT will record the existing condition
of Bridge Nos. 174 and 175 with their surroundings in accordance with the
attached Historic Structures 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 Architecture Section.
II. Design Review
Bridge Nos. 174 and 175 are contributing elements to the Waterville Historic
District. NCDOT and SHPO will review design plans to ensure that the
replacement bridges are compatible to the character of the historic district.
III.Unanticipated Discovery
In accordance with 36 CFR 800.13(b), if NCDOT identifies additional cultural
resource(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 Signatory and Parties, will develop and implement appropriate
protection/mitigation measures for the resource(s). Inadvertent or accidental
discovery of human remains will be handled in accordance witli North Carolina
General Statutes 65 and 70.
IV. 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 obj ecting party(ies) to reso.lve the obj ection. If the USACE or
the obj ecting party(ies) determines that the obj ection cannot be resolved, the
USACE will forward all documentation relevant to the dispute to the Council.
Within thirty (30) days after 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 comment pursuant to 36 CFR Section
800.7(c) and proceed to comment. 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
subj ect of the dispute.
Any recommendation or comment provided by the Council will be understood to
pertain only to the subj ect of the dispute; NCDOT's responsibility to carry out all
of the actions under this agreement that are not the subject of the dispute will
remain unchanged.
V. 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 VI will be followed.
VI. Termination
Any Signatory to this MOA may terminate the agreement by providing notice to
the other parties, provided that the signatories and concurring parties 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 terminated by the execution of
a subsequent MOA that explicitly terminates or supersedes its terms.
VII.Duration
Unless terminated pursuant to Stipulation VI above, this MOA will be in effect
until USACE, in consultation with the other Signatory Party(ies), determines that
all of its terms have satisfactorily been fulfilled or if NCDOT is unable or decides
not to construct the Undertaking.
Execution of this Memorandum of Agreement by USACE, NCDOT and the North
Carolina SHPO, its subsequent filing with the Council, and implementation of its terms
are evidence that USACE has afforded the Council an opportunity to comment on the
Undertaking and that USACE has taken into account the effects of the Undertaking on
the historic properties.
AGREE:
United States Army Corps of Engineers
FOR THE COM ANDER
Scott cLendon
Chief, Regulatory Division
Wilmington District
State Historic Preservation Officer:
Dr. K�evin Cherry �
North Carolina State Historic Preservation Officer
North Carolina Department of Cultural Resources Officer
North Carolina Department of Transportation:
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Phillip S. H rris III, P.E., C.P.M.
Environment .Analysis Unit Head .
North Carolina Department of Transportation
FILED:
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By:
Advisory Council on Historic Preservation Date
APPENDIX A
Historic Structures and Landscape Recordation Plan
For
The Replacement of Bridge Numbers 174 and 175
On SR 1332 (Waterville Road) over Big Creek
Haywood County, North Carolina
PHOTOGRAPHIC REQUIREMENTS
■ Elevations and oblique views of Bridge Numbers 174 and 175 with their setting.
■ Representative structural and ornamental 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 RAW) setting,
to be saved in TIF format as the archival masters and labeled according to the State
Historic Preservation Office 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 image — 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 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 Architecture
Section of NCDOT.