Attachment 13_USCG MOA Entire Package.pdf

PDF 8 MB Posted Sep 24, 2021

Attached to: REBUILD USCG BASE DETACHMENT AND AIR STATION BORINQUEN, AGUADILLA, PUERTO RICO
Solicitation number: 70Z04721RBRNQN100
Issued by: Department of Homeland Security US Coast Guard

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MEMORANDUM OF AGREEMENT

BETWEEN THE UNITED STATES COAST GUARD (USCG)

AND

THE PUERTO RICO STATE HISTORIC PRESERVATION OFFICER (SHPO)

REGARDING

HURRICANE RECONSTITUTION PROJECT

USCG BASE DETACHMENT BORINQUEN AND AIR STATION BORINQUEN,

AGUADILLA, PUERTO RICO

SHPO: 07-06-20-02

WHEREAS, the USCG plans to repair and replace hurricane-damaged facilities that are located within Base Detachment Borinquen and Air Station Borinquen, in Aguadilla, Puerto Rico as part of the Hurricane Reconstitution Project (hereinafter, the “Project”); and

WHEREAS, the USCG plans to carry out the Project on federally controlled land and is therefore, considered an undertaking that is subject to review under Section 106 of the National Historic Preservation Act (NHPA), 54 U.S.C. 306 § 108 et seq., and its implementing regulations, see 36 C.F.R. Part 800; and

WHEREAS, the USCG in consultation with the SHPO has defined the undertaking’s area of potential effects (APE) as the area identified in Attachment (A); and

WHEREAS, the USCG in consultation with the SHPO has determined that the potential Base Borinquen Field Historic District is eligible for listing in the National Register of Historic Places (NRHP); and

WHEREAS, the USCG in consultation with the SHPO has determined that the undertaking will have an adverse effect on the potential NRHP-eligible Base Borinquen Field Historic District, resulting from the demolition of the La Plaza Complex, the demolition of 86 housing units, the repair of 97 housing units, the construction of 12 housing duplexes, the construction of a new 34 unit Unaccompanied Personnel Housing facility, the construction of a new pool and clubhouse, the construction of a new security facility, and the construction of a new community center.

These actions will also permanently alter the district’s street layouts. Site plans illustrating the demolition and new construction are provided by Attachment (B); and

WHEREAS, the USCG in consultation with the SHPO has determined that the La Plaza Complex and 85 of the 86 of the housing units to be demolished are NRHP-eligible under Criteria A and Criteria C; and

WHEREAS, the USCG consulted with the Ramey Air Force Base Historical Association and the City of Aguadilla, PR and both parties have been invited to sign this MOA as Concurring Parties; and

Regarding the Hurricane Reconstitution Project Execution Plan U.S. Coast Guard Base Detachment Borinquen and Air Station Borinquen, in Aguadilla, Puerto Rico

WHEREAS, in accordance with 36 CFR Part 800.6 (a)(4), the USCG invited the public to participate in a 30-day project review and comment between June 11, 2021 and July 11, 2021.

This invitation was published in local newspapers, to include the El Vocero, Primera Hora, Nuevo Dia, and San Juan Daily Star and provided a project overview and information on how to access both electronic and written copies of the draft Environmental Assessment that contained a project specific Cultural Resources Evaluation; and

WHEREAS, in accordance with 36 C.F.R. § 800.6(a)(1), the USCG has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination providing the specified documentation, and the ACHP has chosen not to participate in the consultation, pursuant to 36 C.F.R. § 800.6(a)(1)(iii);

NOW, THEREFORE, the USCG and the SHPO enter into this Memorandum of Agreement (MOA) to ensure that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties.

STIPULATIONS

The USCG shall ensure that the following measures are carried out by a professional meeting the applicable Secretary of the Interior’s Professional Qualifications Standards:

A. ARCHITECTURAL DOCUMENTATION

Prior to demolition, all structures to be demolished within the potential Borinquen Field Historic District (as illustrated and described by Attachment (B)), will be documented using the HABS Level II format. The USCG shall ensure that all documentation is completed and accepted by SHPO prior to demolition and that copies are made available to the appropriate local archives designated by the

SHPO.

B. REHABILITATION

Six housing structures representing each category of historical housing will be repaired and preserved going forward in accordance with The Secretary of the Interior’s Standards for Rehabilitation with Guidelines for Rehabilitating Historic Buildings (NPS 1992). The six housing units are as follows:

Address Structure Type 11 Cliff Rd Type A 66 Hook Rd Type B 102 Northeast Road Type C 171 Circle F Type D 156 L St. Type F 103 Cliff Rd. Type G

These buildings will be repaired and preserved going forward in accordance with The Secretary of the Interior’s Standards for Rehabilitation with Guidelines for Rehabilitating Historic Buildings (NPS 1992).

C. NEW CONSTRUCTION

The basis of design for the new Community Center, the UPH facility, and duplexes are the conceptual renderings provided by Attachment (C).

The SHPO shall be given the opportunity to review and comment on the design of the new Community Center, the UPH facility, the new duplexes, and all associated infrastructure. Review and comment will occur at the 35% Building and Site Design and 65% Building and Site Design phases. The SHPO will have 30 days to provide written comments on the 35% design and the 65% design, respectively. The USCG will review all comments and provide written responses to the SHPO detailing how each comment is being incorporated or in the event the comment cannot be incorporated, the budget and mission constraints that drove that decision.

The USCG shall ensure that the design for each new building is compatible with guidelines set forth in the Secretary of the Interior’s Standards for Rehabilitation (NPS 1992), specifically Standard 9 which states:

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

Design of new buildings shall be compatible with the historic and architectural qualities of the potential NRHP-eligible Borinquen Field Historic District

D. ARCHAEOLOGY

A phase IA archeological literature study and a pedestrian study will be completed prior to beginning construction. Draft reports will be provided to the SHPO. The SHPO will provide any comments back to the USCG within 30 days for incorporation into final reports, which will also be provided to the SHPO.

Based on the results of the phase 1A study, the USCG will determine, in consultation with the SHPO, whether additional identification efforts are necessary, in accordance with 36 CFR 800.4(b) and (c), or to implement an Unanticipated Discovery Plan.

Prior to commencing any earth moving activities, the USCG will develop an Unanticipated Discovery Plan to cover all areas disturbed by the Project. The plan will be written by a qualified archeologist. Should a potential resource be encountered, Administration Condition III (Post Review Discoveries) of this agreement will be followed.

Additionally, an archeologist will be on-site during all ground disturbing activities and will monitor for the discovery of any potential cultural resources.

E. INTERPRETATIVE HISTORICAL DISPLAYS AND MARKERS

The USCG will provide a qualified architectural historian to research, develop, and design appropriate interpretative displays and wayside markers at the following locations:

a. The New Community Center – In the Center Plaza

b. Preserved Housing Units – Prominent Location in front yard

Displays and waysides shall meet NPS graphic identity standards. Examples are provided by Attachment (D).

Draft displays and wayside text and graphics will be submitted to the SHPO for review and comment. The SHPO will have 30 days to respond with written comments. Accepted wayside and interpretive displays/markers will be installed by the USCG within one (1) year of the completion of the project. Photographs of all installed interpretive displays/markers and waysides will be submitted to the SHPO for their project file.

ADMINISTRATIVE CONDITIONS

I. AUTHORITY.

The MOA is generally authorized under the provisions of Section 106 of the NHPA and its implementing regulations. In accordance with 14 U.S.C. § 701(b), the USCG is authorized to enter into this MOA with the SHPO.

II. DURATION

This Agreement will expire with the completion of the undertaking and its stipulations or if its terms are not carried out within five (5) years from the date of its execution. Prior to such time, the USCG may consult with the other signatories to reconsider the terms of the Agreement and amend it in accordance with Administration Condition V (Amendments).

III. POST-REVIEW DISCOVERIES

If during construction previously unknown archeological resources are discovered, all work in the immediate vicinity of the discovery will be halted, signatories to the MOA will be notified, and procedures of 36 C.F.R. § 800.13(c) followed. In the event that human remains are discovered during construction, the ACHP’s Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects will be followed.

IV. DISPUTE RESOLUTION

Should any signatory to this MOA object to any actions proposed or the manner in which the terms of this MOA are implemented, the USCG shall consult with such party to resolve the objection. If the USCG determines that such objection cannot be resolved, the USCG will:

a. Forward all documentation relevant to the dispute, including the USCG’s proposed resolution, to the ACHP. The ACHP shall provide the USCG with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the USCG shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories and concurring parties, and provide them with a copy of this written response. The USCG will then proceed according to its final decision.

b. If the ACHP does not provide its advice regarding the dispute within the thirty (30)-day time period, the USCG may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the USCG shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA and provide them and the ACHP with a copy of such written response.

c. The USCG's responsibilities to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged.

V. AMENDMENTS

This Agreement 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.

VI. 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 Administrative Condition V (Amendments). If within thirty (30) days (or another time period agreed to by all signatories) 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 USCG must either (a) execute an Agreement pursuant to 36 C.F.R. § 800.6, or (b) request, take into account, and respond to the comments of the ACHP under 36 C.F.R. § 800.7. The USCG shall notify the signatories as to the course of action it will pursue.

VII. ANTI-DEFICIENCY

Nothing in this MOA shall require or authorize any agency or employee of the Federal Government to make or authorize any expenditure or obligation of funds exceeding appropriated funding, to obligate any payment of money before it is appropriated, to indemnify any other party absent specific statutory authorization, or to violate the Anti- Deficiency Act, 31 U.S.C. §§ 1341(a)(1)(A) and 1341 (a)(1)(B).

VIII. OTHER PROVISIONS

Nothing in this MOA is intended to conflict with current law or regulation or the directives of the Department of Homeland Security, the USCG, or any other party. If a term of this MOA is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this MOA shall remain in full force and effect.

EXECUTION of this MOA by the USCG and the SHPO, its subsequent acceptance by the ACHP, and implementation of its terms confirm and document that the USCG has taken into account the effects of this undertaking on historic properties and afforded the ACHP an opportunity to comment.

ATTACHMENT A:

Area of Potential Effects (APE) Map

A ir

St at io n

Bo rin qu en

Ag ua di lla , P ue rto

R ico

L Pr oj ec t N o:

-11

Ar ea o f P ot en tia l E ffe ct s μ

ATTACHMENT B:

Impacts to Potential Base Borinquen Field

Historic District

162B 162A

223A 223B

160B 160A 158B 158A

222A 222B

154B 154A156B 156A

221A 221B 22A 220B

X X

XXX

X X

163A 163B

161B 161A

159B 159A

157B 157A

155B 155A

167A 167B

169A 169B

171A

171B

179A179B

175A17 7A

174B 174A

166A 166B16 4A

168A 168B

170A

170B

178B178A

175B

X X

X X X

1 6

1 5

X X

X X X X

B B

D D

DDDD

D D D

O M

M . C

D F

F F

G G

F F

H O

O K

R O

NORTHEAST ROAD

SIXTH STREET

F CIRCLE

FIFTH STREET

G R

GATE

"L " S

NORTHEAST ROAD

SCHOOL DRIVE

CSIXTH STREET

A A

B B

G F

D D D D

D D

R STREET

HARRISON DRIVE

D H

O U

G U

S / B

H O

N G

U N

E R

(5 S

T O

H O

N G

U N

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-1

H O

N G

U N

E R

N O

A C

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U T

N O

A C

S H E E T

IDDESIGNED BY:

DESCRIPTION MARK

EDITED BY:

DATE

CHECKEDBY:

DRAWN BY:

PLOTTING SCALE:SCALE:

USCG DRAWING N0.

SHEETOF

USCG PROJECT NO.

USCG FILENAME

A/E COMPANY:

CONSULTING A/E:

PROJECT ENGINEER:A/E PROJECT NO.:

F E D C B A

N N

C O

N O

U S

C O A S T

G U A R D

E N G

E E R

P501180057

1:1AS SHOWN

FACILITIES DESIGN & CONSTRUCTION CENTER (FDCC)

2000 CENTER ST., BERKELEY, CA 94704

AGUADILLAPUERTO RICO

11062658

LT. JOEL AMENDOLARA / TRANSYSTEMS

BASE DETACHMENT AND AIR STATION BORINQUEN

A R C H

E C

R A L

USCG BORINQUEN HURRICANE REBUILD

5505 ROBIN HOOD RD., SUITE K

NORFOLK, VA 23513

TRANSYSTEMS

510-835-2761

C H

W O

R K

O R

15/28/2021 FINAL D-B RFP SUBMITTAL

D R

2" X

A R

E D

EXISTING SITE PLAN

TTTT

RWS

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N G

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G S

" A

7 10

69 72

175A

161AB

159AB

163AB

155AB

157AB

167AB

169AB

1A B

179AB

174AB

166AB 168AB

178AB

170AB16

6A B

156AB

112-114

108-110

152AB

150AB

151AB

200AB

153AB

196AB

194AB

198AB

I, 3A

9A B

5A B

D X X

X X

G A ir St at io n B or in qu en

A gu ad ill a, Pu er to

R ic o U

L Pr oj ec tN o:

-1

: Pr op os ed to b e D em ol is he d Li ke ly

N ot

E lig ib le fo r N

R H

X X

B B

B D

D D

D D D D D

D D

A A

B B

G G

F F

XXX

X X

X X X

X X

XX XX

X X

X X X

*B uil din gs ha ve no t b ee n for ma lly ev alu at ed fo r e lig ibi lity

; h ow ev er

, S

O an d

te nt ati ve ly ch ar ac te riz ed un its as e lig ibl e or n ot el igi ble pu rs ua nt to

P ro gr am m ati c A gr ee m en t d ra fte d in

Th e ex te rio rs of all e xis tin g h ou sin g un its to re m ain w ill be m ain tai ne d.

A t a ll e xis tin g ho us ing un its to re m ain m ar ke d for pr es er va tio n, the o rig ina l in te rio rs wi ll a lso be m ain ta ine d.

E xis tin g ho us ing un its to re ma in bu t n ot ma rk ed fo r p re se rva tio n ma y i n t he fu tu re h av e i nte rio r r en ov at ion an d r ep lac em en t o f f ini sh es

. M an y o f th es e un its n o l on ge r h av e or igi na l in ter ior fin ish es

La P la za

XXX

DDD

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M ay be El ig ib le fo rN R

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Ex is tin g

C om m un ity C en te r

G A ir St at io n B or in qu en

A gu ad ill a, P ue rt o R ic o

G S

Pr oj ec t N o:

X Pr op os ed to b e

D em ol is he d

Li ke ly N ot E lig ib le fo r N R

H P

C C

G G

F F

*B uil din gs ha ve no t b ee n for ma lly ev alu at ed fo r e lig ibi lity

; h ow ev er

, S

O an d

te nt ati ve ly ch ar ac te riz ed un its as e lig ibl e or n ot el igi ble pu rs ua nt to

P ro gr am m ati c A gr ee m en t d ra fte d in

Th e ex te rio rs of all e xis tin g h ou sin g un its to re m ain w ill be m ain tai ne d.

A t a ll e xis tin g ho us ing un its to re m ain m ar ke d for pr es er va tio n, th e o rig ina l in ter ior s w ill als o be m ain tai ne d.

Ex ist ing ho us ing u nit s t o re m ain b ut no t m ar ke d for pr es er va tio n m ay in th e fut ur e ha ve in te rio r r en ov ati on an d re pla ce m en t o f fi nis he s.

Ma ny of th es e un its no lo ng er h av e o rig ina l in te rio r f ini sh es

Li ke ly E lig ib le fo r N R

H P*

Pr op os ed to be

Type A Housing Unit

ATTACHMENT C:

Conceptual Renderings am ey A ir F or ce

S ch oo l S ig n

C on ce pt in te gr at ed pr op os ed a s e du ca tio na l m ar ke r

Fi na l d es ig n de te rm in ed in c on su lta tio n w ith

S H

Pl az a In tro du ce s a ct ua l c om m un ity p la za sp ac e.

S tre ng th en s in te ra ct io ns o f t he c om m un ity , w hi ch is a tr ad iti on al as pe ct fo un d th ro ug ho ut

P ue rto R ic o

C on ce pt ua l d es ig n U til iz e m od er n ar ch ite ct ur al fe at ur es n ot fo un d at e xi st in g bu ild in gs

C on ce pt

D es ig n of C om m un ity

S er vi ce

B ui ld in g

U na cc om pa ni ed P er so nn el

H ou si ng

) B ui ld in g

Ba se

P ro je ct

R eq ui re m ts

A rc hi te ct ur al d es ig n di ffe re nt ia te d w ith e xi st in g ar ea B as e pr oj ec t i nc lu de s 2 su ite s

Ex pa ns io n op tio n fo r t ot al o f 3 su ite s

Ex te rio r c ol or s a nd fi ni sh su bj ec t t o ad ju st m t up le x

H ou si ng

B ui ld in gs eq ui re m rc hi te ct ur al d es ig n di ffe re nt ia te d w ith e xi st in g ar ea B as e pr oj ec t o f 6 d up le x ho m es to ta lin g u ni ts

(3 -b ed , 2

-b at h ea ch

O th er b ui ld

-r ea dy lo ts fo r f ut ur e gr ow th O pt io na l p ro je ct fo r a dd iti on al to ta lin g u ni

ATTACHMENT D:

Wayside and Interpretive Markers/Monuments Examples

Regarding the U.S. Coast Guard

A – EXAMPLE WAYSIDE

MARKER

WAYSIDE MARKER EXAMPLE

WAYSIDE MARKER CONCEPTUAL SCALE AND DESIGN

File details come from the government source that posted it. Updated Sep 24, 2021.