B.01 Att A MOA_2018.08.27.pdf

MEMORANDUM OF AGREEMENT

BETWEEN

THE UNITED STATES ARMY CORPS OF ENGINEERS

AND THE OREGON STATE HISTORIC PRESERVATION OFFICE

SUBJECT: Adverse Impacts to Historic Properties on East Sand Island, Clatsop County, Oregon and Pacific County, Washington

WHEREAS, the United States Army Corps of Engineers, Portland District (Corps) will proceed with a Department of the Army authorized project’s on East Sand Island (ESI) [i.e., shoreline placement of dredge material between River Mile (RM) 5 and RM 7], for the purposes of stabilizing ESI’s southern shoreline and maintaining an adequate level of material along the shoreline for shoreline nourishment; the maintenance of the Sand Island Pile Dikes; and Phase II of the ESI terrain modification. These projects include, the Mouth of the Columbia River Dredge Placement Sites East Sand Island and North Head Project; the Sand Island Pile Dikes Major Maintenance Project, and the Columbia River Fish Mitigation Double-Crested Cormorant Management Plan Phase II: East Sand Island Terrain Modification (the undertakings), are located within the Lower Columbia River (LCR) in both Clatsop County, Oregon and Pacific County, Washington. The ESI placement site is located in Oregon between River Miles 5 and 7 and the shallow-water habitat immediately adjacent to the island’s southern shoreline; and the North Head placement site is off-shore in Pacific County, Washington, north of the Mouth of the Columbia River (MCR) North Jetty. The Sand Island Pile Dikes are located on both the West and East Sand Islands; the Double-Crested Cormorant Management Plan Phase II is located on the west side of ESI in Clatsop County, Oregon.

WHEREAS, the undertakings will affect historic properties located within both Pacific County, Washington and Clatsop County, Oregon; and, WHEREAS, Washington State Department of Archaeology and Historic Preservation

(DAHP) is the Lead state Historic Preservation Office for Mouth of the Columbia River Dredge Material Placement Sites, including portions of East Sand Island and North Head Project areas, that are located in Washington State; and, WHEREAS, portions of the East Sand Island Pile Dikes Major Maintenance project lie within both Oregon and Washington State; and, WHEREAS, DAHP has deferred to the Oregon State Historic Preservation Office

(SHPO) serving as the Lead State Historic Preservation Office for the East Sand Island Pile Dikes Major Maintenance project in a letter dated to the Corps on September 6, 2017, enclosed as Appendix A; and

WHEREAS, ESI is managed by the Corps and was historically used as a placement site for dredged materials prior to 1983. Since that time, ESI has experienced progressive erosion along the southern shoreline, with little to no accretion occurring due to the high energy environment of the MCR and Columbia River estuary. ESI is an integral part of the Corps’ mission to maintain a safe and open navigation channel in the MCR and LCR. The ESI portion of the project includes the removal of degraded remnant piles along the island’s southern shoreline that are exacerbating the area of erosion; and, 2 | P a g e

WHEREAS, Sand Island Pile Dikes are owned and maintained by the Corps since construction in 1935 with the original axial dike (110), which also functioned as a tramway for the construction of the other three spur pile dikes (4.01, 4.47 and 5.15). The last dike built in the system was the Chinook Dike (6.37). The Sand Island Pile Dikes were constructed in order to

(a) halt the northward migration of Sand Island, (b) stabilize the island’s southern shoreline, and

(c) focus the energy of the river in the Federal Navigation Channel in order to increase scouring and decrease the need for additional dredging and is a critical component to the continued management of the MCR.

WHEREAS, the Sand Island Pile Dike undertaking consists of repairing and effectively restoring the pile dike system’s intended functionality. The following activities will occur: (1) existing remnant timber piles, spreaders and hardware would be removed at all locations and replaced with new pile dikes; (2) existing enrockments would be retained and additional rock would be placed in eroded/subsided areas; (3) new pile dikes material will change from timber to steel; (4) additional rock will be placed where needed; and

WHEREAS, the dredge placement undertaking consists of placement of sediments along a portion of the southern shoreline of ESI where erosion has been occurring. Stabilization of ESI is necessary to avert an island breach that would likely alter sediment transport and shoaling patterns in the LCR. The following activities will occur: (1) Selective removal of pilings and support rocks from a derelict pier structure, otherwise known as an abandoned train trestle

(ca. 1930s) on the southern shoreline to reduce concentrated wave energy; and (2) subsequent periodic shoreline material placements to supplement the shoreline with sandy material and stabilize the island on an as needed basis; and, WHEREAS, the Phase II terrain modification undertaking consists of the placement of rock along the southern and western revetments and the redistribution of 125,000 cubic yards of onsite material to expand the intertidal mudflat. The terrain modification project will increase the intertidal mudflat, while providing nesting habit for the Double-Crested Cormorants along the revetments. The following activities will occur: (1) revetments will be increased to a height of 15-feet; (2) 125,000 cubic yards will be excavated and redistributed to the intertidal zone of the undertaking; (3) removal of historic pile timbers from an undocumented dock/wharf system; and

(4) removal of site 35CLT106; and, WHEREAS, the Corps has defined the undertaking’s APE as approximately 168.8-acres located in Clatsop County, Oregon, in Section’s 13-15 of Township 9 North, Range 11 West;

and Sections 18 and 19 of Township 9 North, Range 10 West, Willamette Meridian; and, WHEREAS, four recorded historic properties are located within the APE; 35CLT112, Sand Island Pile Dike System, is considered eligible for listing in the National Register of Historic Places (NRHP), 35CLT113, Mine Huts, 35CLT106, tower remnants, 35CLT107, historic debris, are unevaluated to the NRHP and are associated with the historic Sand Island Military Reservation; and, WHEREAS, unrecorded cultural resources associated with the Sand Island Military

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Reservation, including pilings associated with a previously removed dock, which may extend into the uplands (hereafter referred to as “dock remnants,” and potential remnants of historic-period structures have been identified within the Double-Crested Cormorant Management Plan Phase II APE; and, WHEREAS, recent literature search (historic documentation and 1958 aerial photography) has identified the existence of potentially six structures located within the Double-crested Cormorant Management Plan Phase II; and, WHEREAS, the dock remnant are pillars located at the northern end of the ESI and will be removed and/or destroyed; and, WHEREAS, in light of new information the Corps will assess the remnant dock and subsurface component; and, WHEREAS, in light of new information, the Corps will photograph and conduct research to document the dock remnants, specifically pilings, slated for removal within Baker Bay; and, WHEREAS, the Corps, following SHPO excavation standards, has developed a testing strategy to address cultural resource concerns within the areas of historic structures which were recently identified, and this plan, which is designed to further assess the location where these structures were identified, is enclosed as Appendix B; and, WHEREAS, the Corps will continue consultations with SHPO regarding Appendix B in order to develop agreed upon methodologies for the additional archaeological testing and potential mitigation options, and ground disturbing activities within what are referred to as Areas A and B in Appendix B shall not commence until testing and mitigation procedures, if such procedures are required, have been agreed upon by both the Corps and SHPO and have been completed; and, WHEREAS, the Corps will conduct the subsurface assessment and provide report of findings prior to implementation of the Phase II undertaking; and, WHEREAS, the Corps, where safety allows, will have a professional archaeologist on

ESI to monitor all ground disturbing activities during project implementation and to stop such activities if significant buried cultural remains or features are identified; the results of this monitoring will be documented in report form and submitted to SHPO for review; and

WHEREAS, the Corps determined that the undertaking will have an adverse effect on

NRHP eligible site 35CLT112, and unevaluated sites 35CLT106, 35CLT107 and 35CLT113 and have consulted with the SHPO pursuant to 36 C.F.R. Part 800, of the regulations implementing Section 106 of the National Historic Preservation Act (54 U.S.C. § 300101 et seq.); and, WHEREAS, the Corps consulted with the Confederated Tribes of the Grand Ronde

Community of Oregon, the Confederated Tribes of Siletz Indians, and the Cowlitz Indian Tribe (collectively “Tribes”), regarding the effects of the undertaking and invited them to sign this

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Memorandum of Agreement (MOA) as concurring parties; and whereas the Tribes have chosen to not participate; and, WHEREAS, the Corps, pursuant to 36 C.F.R. § 800.2(d)(2), has provided the public with information about the undertaking and its effects on the historic property and sought public comment and input through a 30-day public notice on the Corps website; and

WHEREAS, in accordance with 36 C.F.R. § 800.6 (a)(1), the Corps notified the Advisory Council on Historic Preservation (ACHP) of its adverse effects determination with 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 Corps and the SHPO agree that the undertaking shall be implemented in accordance with the following stipulations to take into account and mitigate for the adverse effect of the undertaking on the historic property.

1. STIPULATIONS. The Corps shall ensure that the following measures are carried out:

a. Prior to the start of any construction activity, the Corps shall gather any remaining outstanding field data to develop a National Park Service (NPS) National Register nomination form (10-900) to document historic properties associated with the Sand Island Military Reservation and the Sand Island Pile Dike System, which include 35CLT106, 35CLT107, 35CLT112, 35CLT113, dock remnants, and any structures identified through historic documentation, in accordance with NPS Documentation Standards for National Register nominations as established in National Register Bulletin “How to Complete the National Register Registration Form” and the SHPO document “Preparing National Register Nominations in Oregon.” That may include, but is not limited to, digital copies of design and ‘as-built’ drawings, digital photographs with an accompanying archival quality CD, a narrative physical description, and a narrative history of the structures as far as can be determined from available primary and secondary documents. The Corps will submit the NPS nomination form through the SHPO to the NPS for the formal determination of eligibility process pursuant to 36 C.F.R. § 63.3(c). The SHPO shall review and provide comments to the Corps within thirty (30) days of receipt of the draft product.

b. The Corps will conduct a cultural resource inventory (both pedestrian and remote sensing) of the upland in the area of the dock remnants and in the area of the newly identified historic structures. Within and near the location of the historic structures, the Corps will also conduct an archaeological excavation. The Corps will document any significant features discovered during exploratory excavations as described within Appendix B. All data will be gathered and documented following standard procedures outlined in the Oregon archaeological field and reporting guidelines and the Secretary of the Interior’s Guidelines for Archeological Documentation. A site record will be submitted and, if applicable, the data from this site will then be added to the 10-900 form. Depending on the nature of the feature, this data could be added to the 10-900 in order to provide additional context on the construction methodology or materials, or

5 | P a g e daily life associated with the Sand Island Military Reservation. Artifacts will be curated in a federally recognized accredited facility. Where safety allows, the Corps will have a professional archaeologist on ESI to monitor all ground disturbing activities during project implementation and to stop such activities if significant buried cultural remains or features are identified. The results of this monitoring will be documented in report form and submitted to SHPO for review.

c. The Corps shall prepare an educational brochure documenting ESI’s history and its contributions to the mouth of the Columbia River harbor defense system and the Federal Navigation Channel. The Corps will distribute the brochure to the Oregon Historical Society in Portland, Oregon, Oregon Parks and Recreation (OPRD), and other applicable museums, such as the Columbia River Maritime Museum in Astoria, Oregon. This brochure will be a tangible measure of education and information for the public. The SHPO shall review and provide comments to the Corps within thirty (30) days of receipt of the draft product. The Corps will provide one installment of this brochure, not to exceed 5,000 paper copies for distribution. Document will remain available via paper and electronically through the Corps Portland District Library, Public Affairs Office and the Environmental Branch, Cultural Resource Section. At a minimum, the brochure will include:

i. A narrative of no less than 1,500 words discussing the history of ESI contributions to the mouth of Columbia River harbor defense and to the Federal Navigation Channel and why this system is unique;

ii. Historic and modern photographs of the historic resources as well as any building plans, designs, or sketches that may be available;

iii. The above referenced educational brochure will be prepared by an organization that has the ability to create and design professional quality educational brochures; and

iv. The Corps will place an electronic version of the brochure onto the Corps Portland District website and place in the Corps Portland District Library.

d. If any comments are provided to the Corps, on Stipulations a. or b., the Corps shall revise the draft documentation in accordance with the comments and resubmit the product as described in Stipulation a. and b. If no comments are provided to the Corps by the end of the comment period, the Corps shall finalize the documentation resulting from Stipulation a. and b. The Corps will submit the document as per Stipulation a., through the SHPO to the NPS for the formal determination of eligibility process pursuant to 36 C.F.R. § 63.3(c). Once the on-site documentation outlined in Stipulation

a. is gathered, the Corps may begin the project on ESI. Completion of the educational brochure may begin at any time during this process, but need not be completed before commencement of the Corps’ site work. The Corps will complete the NPS National Register nomination form and educational brochure prior to the expiration of this MOA.

e. Upon completion of Stipulation a., b. and c., the Corps shall complete a report combining the information resulting from Stipulation a., b. and c. into a single documentation package. The Corps will file the final documentation with the Corps

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Library for public access and forwarded to the SHPO. The Corps will supply the NPS documentation under stipulation a. to the SHPO through the Go Digital portal to fulfill this stipulation. Additional copies of this documentation will be submitted to the Oregon Historical Society. The Corps will supply copies of the brochure under stipulation b to the OPRD, SHPO, the Columbia River Maritime Museum, DAHP, Washington State Parks, and a digital copy through the Go Digital portal to the SHPO to fulfill this stipulation, If the listed repositories cannot accept the document, the SHPO and the Corps will work together to find an appropriate repository. The document shall be available at another location in addition to the SHPO and the Corps. Evidence of these submittals will be provided to the SHPO.

f. The Corps shall bear the cost for completion of Stipulations a., b., c., and d.

g. The Corps shall complete Stipulations a., b., c., and d. within five (5) years of the signing of this MOA.

2. DURATION. This MOA will expire once the terms in stipulations a., b., c., and d. are carried out or, if its terms are not carried out, within five (5) years from the date of its execution. Prior to such time, the Corps may consult with the other signatories to reconsider the terms of the MOA and amend it in accordance with Provision 15, below.

If this agreement expires without amendment prior to completion of the Stipulations above, it shall be considered terminated, according to Provision 16 below.

3. MONITORING AND REPORTING. Each year following the execution of this MOA, until it expires or is terminated, the Corps shall provide the SHPO a summary report detailing work undertaken pursuant to the MOA terms. Such report shall include the status of completion on agreement stipulations, any scheduling changes proposed, any problems encountered, and any disputes or objections received in the Corps’ efforts to carry out the terms of this MOA.

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

a. Forward all documentation relevant to the dispute, including the Corps’ proposed resolution, to the ACHP in accordance with 36 C.F.R. § 800.2(b)(2). The ACHP shall provide the Corps 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 Corps shall prepare a written response that takes into account any timely advise or comments regarding the dispute from the ACHP and signatories, and provide them with a copy of this written response. The Corps 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 Corps may make a final decision on the dispute and proceed

State of Washington • Department of Archaeology & Historic Preservation

P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov

September 6, 2017

Ms. Joyce Casey Chief, Environmental Resources Branch US Army Corps of Engineers - Portland District PO Box 2946 Portland, OR 97208-2946

In future correspondence please refer to:

Project Tracking Code: 2017-08-06171 Property: Sand Island Dike Major Maintenance Project Re: Delegation of Lead SHPO Status

Dear Ms. Casey:

Thank you for contacting the Washington State Historic Preservation Officer (SHPO) and Department of Archaeology and Historic Preservation (DAHP). The above referenced property has been reviewed on behalf of the SHPO under provisions of Section 106 of the National Historic Preservation Act of 1966 (as amended) and 36 CFR Part 800. Our review is based upon documentation contained in your communication.

After having consulted with both SHPOs representatives in Washington and in Oregon, the two parties have reached a mutual agreement that the Oregon SHPO will assume full regulatory authority as the lead SHPO for this US Army Corps undertaking.

Thank you for the opportunity to review and comment. Should you have any questions, please feel free to contact me at (360) 586-3533 or russell.holter@dahp.wa.gov

Sincerely, Russell Holter Project Compliance Reviewer

Cc: Ian Johnson (OR-SHPO) Greg Griffith (WA-SHPO)

Enclosure 6 Appendix A

Memorandum of Agreement: Adverse Impacts to Historic Properties on East Sand Island, Clatsop County, Oregon and Pacific County, Washington

Appendix B

U.S. Army Corps of Engineers, Portland Districts (Corps) proposed Cultural Resource Subsurface Testing Work Plan for the Double-crested Cormorant Management Plan Phase II:

East Sand Island Terrain Modification Project.

The following work plan details the Corps’ proposed field assessment of potential subsurface historic components within the area of potential effect associated with the Double-Crested Cormorant Management Plan Phase II: East Sand Island Terrain Modification project (Project).

Recent documentation has identified the potential for buried historic materials on Sand Island, now known as East and West Sand Islands (since Sand Island was breached and became two islands), which was a part of the historical mouth of the Columbia (MCR) harbor defense system, Sand Island Military Reservation (SIMR).

Terrain modification work is proposed at East Sand Island (ESI). The Project proposes to redistribute the soils into the western/northwestern to create additional intertidal mudflat acreage.

A 2014 archaeological survey and literature review associated with the Double-crested Cormorant Management Plan-Environmental Impact Statement did not identify any structural remains or anomalies to suggest structures were ever located within the Project area on ESI.

Recent additional documentation has been identified suggesting that ESI, in the area of the Project, once had several small wooden buildings (a power station, two troop barracks, and three additional unknown structures). A Corps archaeologist uncovered a 1992 Real Estate Hazmat document that provided some historical data on Sand Island (meaning both east and west islands) that suggested there was more things happening on the island than previously thought. Furthermore, a Corps archaeologist located an on-line, National Archives, declassified military document that further discussed Sand Island between the 1920s and 1940s that provided some maps of the Sand Island (prior to the 1930s breach) that indicated structures, which prompted a closer look at historic aerials. A further look at the Corps Real Estate office documents during the 1950s when the Corps acquired Sand Island, the only records of structures were the derelict tramway, the pile dikes, and a deteriorating dock or wharf. It was also noted that the inventory was done from the Washington shore, viewed through binoculars.

The Corps archaeologist is continuing to look for additional documentation.

There are two areas of interest, Area A and Area B (see Figure’s 1 and 2 below). Area A includes archaeological site 35CL106 (observation tower), along with a power station and two troop barracks, possibly dating to the 1920s. Area B includes three possible 1940s era unclassified structures noted on an aerial photograph.

Due to the timing of the Project, expected start date of November 1, 2018, and the recent identification of unknown resources, the Corps is proposing to conduct excavations within Areas A and B. The ESI soils are generally fine sands that are subject to wind and wave action. The area proposed for testing has been slightly sheltered from wave action because of the south revetment; however, the revetment is in disrepair and it is unknown if additional sediments have been deposited. There is no record of dredge materials being placed in this area; however, it is not clear if the U.S. Army had materials placed in the area prior to disposing of the island to the

Memorandum of Agreement: Adverse Impacts to Historic Properties on East Sand Island, Clatsop County, Oregon

Corps. Within the area of study there is vegetation which may have assisted in limiting wind action within the area proposed for testing. The assumption being, if there are subsurface components remaining on the Project area, they are shallow due to protection from the revetment and limited movement from wave and wind action. To assist the Corps in identifying possible subsurface components and minimizing the scope of excavation, the Corps has requested bids for remote sensing that may assist in better identifying testing locations;

however, if this is not possible given the timing of the project, the Corps will increase the number of shovel test probes to the maximum as indicated at section 2. a. below.

The Corps will utilize geo-rectified maps and GPS points to plot the most likely location of structural remains in Area A and B. Once identified, the Corps will conduct the following:

1) Systematic pedestrian survey of each Area, utilizing a 10 meter transect grid.

2) Systematic absence and presence shovel test probe (STP) within each Area, utilizing a 20 meter (m) grid; the Corps will decrease to 10 m if positive probes are identified. STP will measure 30 centimeter (cm) in diameter, excavated to a minimum depth of 50 cm, maximum 1 meter. Sediments screened through 1/8” mesh (switching to ¼” if needed/justified). The Corps assumes easy digging in the sand, with the majority of STP terminating at a depth of 50 cm below surface or two sterile levels. The Corps will utilize a 2 m long, 15 cm in diameter (6-inches) Bucket auger as appropriate.

a. Area A (measuring 84 by 46 meters, 1 acre):

- minimum 8 STPs; maximum 40 STPs

b. Area B (measuring 74 by 31 meters, 0.6 acres):

- minimum of 8 STPs; maximum of 21 STPs

3) In addition to the STPs, the Corps will conduct quarter test units (QTU) to sample known or identified structure areas. QTU’s will measure 50 by 50 cm and will be excavated in controlled 10 cm levels (or natural stratigraphy) to a minimum depth of 50 cm below surface and two sterile levels. Beyond 50 cm in depth excavation will stop after two sterile levels. Sediments screened through 1/8” mesh (switching to ¼” if needed/justified). The Corps will utilize a 2 m long, 15 cm in diameter (6-inches) Bucket auger as appropriate.

a. Area A (1920s, maximum 3 structures):

- minimum 3 QTU; maximum 6 QTUs

b. Area B (1940s, maximum 3 structures):

- minimum 3 QTU; maximum 6 QTUs

4) If a feature is identified within a QTU and has high potential for intact deposits that merit data recovery in addition to STP and QTU work, the QTU will be expanded into an excavation unit (EU). Dependent on field environmental factors, such as the presence of sandy soils, the EU may measure a 1 meter x 50 cm up to a 1 x 1 meter. EU’s will be excavated in controlled 10 cm levels (or natural stratigraphy) to a minimum depth of 50 cm below surface and two sterile levels. Beyond 50 cm in depth excavation will stop after two sterile levels. Sediments screened through 1/8” mesh (switching to ¼” if needed/justified).

Memorandum of Agreement: Adverse Impacts to Historic Properties on East Sand Island, Clatsop County, Oregon

a. Area A:

- minimum 1 EU

b. Area B:

- minimum 1 EU

All data gathered will be formally documented following Oregon state guidelines for archeological fieldwork and reporting and the Secretary of the Interior’s Guidelines for Archeological Documentation. At the completion of fieldwork, a site record and a report will be submitted to SHPO for review and concurrence on our findings. The data from this report will be used to provide additional narrative and context to the National Park Service (NPS) documentation for the Sand Island Military Reservation. Artifacts will be curated in a federally recognized accredited facility.

Memorandum of Agreement: Adverse Impacts to Historic Properties on East Sand Island, Clatsop County, Oregon and Pacific County, Washington

Figure 1. Area Identified for Additional Archeological Survey and Testing

Area A

Area B

Memorandum of Agreement: Adverse Impacts to Historic Properties on East Sand Island, Clatsop County, Oregon and Pacific County, Washington