MOA-MMD_Fish_Passage_Project.-All_Signatures.pdf

MEMORANDUM OF AGREEMENT

BETWEEN THE U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT, THE

WASHINGTON STATE HISTORIC PRESERVATION OFFICER, AND THE CASCADE

WATER ALLIANCE

REGARDING REMOVAL OF THE WHITE RIVER BARRIER STRUCTURE AND FISH

COLLECTION FACILITY (WHITE RIVER HEADWORKS)

BUCKLEY, WASHINGTON

WHEREAS, U.S. Army Corps of Engineers, Seattle District (Corps), the lead federal agency responsible for this action, has determined that severe deterioration of wood components of the Headworks barrier structure, and the inadequacy of the fish trap and haul facility have caused measurable harm to anadromous fish in the White River; and

WHEREAS, Corps will demolish the existing barrier structure and fish trap and construct a new barrier structure, and fish collection facility on the right bank of the river; and

WHEREAS, the Headworks comprises buildings and structures eligible for listing in the

National Register of Historic Places (National Register) as contributing resources of the larger White River Hydroelectric Project (WRHP); and

WHEREAS, the undertaking, defined as the removal of the original crib structure and fish trap, and replacement with a new structure and fish collection facility, will result in an adverse effect to properties that contribute to the WRHP; and

WHEREAS, the Area of Potential Effect (APE) for the undertaking encompasses the barrier structure, trap and haul facility, and proposed footprint of the collection facility, to include access roads and staging areas defined in the attached site map (Appendix A); and

WHEREAS, the WRHP system was previously documented pursuant to standards of the Historic American Engineering Record (HAER); and

WHEREAS, the Corps prepared supplemental HAER documentation of the Headworks resources in 2008 in order to augment the minimal recordation provided in the original HAER document; and

WHEREAS, the existing HAER record and the Corps’ supplemental documentation constitute thorough mitigation documentation and recordation of the affected barrier structure and collection facility, to include all historic resources at the Headworks; and

WHEREAS, an archaeological survey and investigation of access and staging areas necessary to conduct the Project, submitted to the State Historic Preservation Officer, separately, have not identified historic properties eligible for listing in the National Register; and

WHEREAS, the Corps has consulted with the Muckleshoot Indian Tribe and Puyallup Indian Tribe regarding traditional cultural properties that may be affected by the undertaking (Appendix B) and received no comment, and with the Cascade Water Alliance, owner of the barrier structure; and

WHEREAS, the Corps has consulted and coordinated with the Washington State Historic Preservation Office (SHPO), pursuant to the terms of 36 C.F.R. 800, implementing Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. Section 470 (f)); and

NOW, THEREFORE, the Corps and SHPO do hereby agree that the Corps has met its identification, evaluation, and mitigation responsibilities pursuant to 36 CFR 800.4 through 800.6., thereby allowing the demolition and reconstruction of the White River barrier structure, and trap and haul facility and also agree that the Corps will meet the following requirements:

I. STIPULATIONS

A. The Corps shall submit to an on-line heritage website an interpretive essay that provides a contextual overview of the original barrier structure and fish collection design and construction, to include comparative reference to the history and development of other Corps fish passage and collection systems in the Pacific Northwest.

B. The Corps shall undertake high resolution photographs of the Headworks properties and their environs, with particular emphasis on the barrier structure and fish collection facility. Photographs will depict all elevations of buildings and structures scheduled for removal, and will include detailed views of notable structural, functional, or architectural characteristics, as well as overall views showing relational aspects and setting. One copy of these photographs will be submitted to SHPO to augment the previous HAER supplement prepared by the Corps in 2008.

II. UNANTICIPATED DISCOVERY OF CULTURAL MATERIALS

The Corps shall ensure that any undiscovered cultural materials encountered during the implementation of this Agreement are treated consistent with federal and state laws, and shall immediately notify the SHPO and tribal cultural authorities should such discoveries occur.

III. TREATMENT OF HUMAN REMAINS

The Corps shall ensure that any human remains discovered during the implementation of this Agreement are treated consistent with federal and state laws.

IV. CURATION

The Corps shall ensure that any artifacts, records, documents, and/or photographs resulting from activities covered under this Agreement are curated consistent with the standards contained in 36 CFR 79.

V. DISPUTE RESOLUTION

Should any signatory or concurring party 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. 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 advice or comments regarding the dispute from the ACHP, signatories and concurring parties, 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 accordingly. Prior to reaching such a final decision, the Corps 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 Corps shall carry out all other actions subject to the terms of this MOA that are not the subject of the dispute.

VI. AMENDMENTS

This MOA 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.

VII. 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 signatories to attempt to develop an amendment per Section VI, above. If within thirty (30) days (or another time period

APPENDIX A

1,100 0 1,100 2,200 3,300550 Feet

Area of Potential Effects for the MMD Fish Passage Facilty

Legend Barrier Structure

Fish Facility Project APE

Barrier Structure

0 2,000 4,000 6,000 8,0001,000

Feet

Legend Release_Road

Area of Potential Effects for Fish Release Site

APPENDIX B

Triba l Consultat ion Record for the Mud Mounta in Dam Fish Barr ier

Pro ject

• Tr iba l consul tat ion began in 2005. Tr iba l Knowledge and Concern let ters were sent to both the Muckleshoot Ind ian Tr ibe and the

Puyal lup Ind ian Tr ibe.

• In 2007 a Histor ic Propert ies Invest igat ion report was submit ted to the Washington State Histor ic Preservat ion Of f icer (SHPO) as wel l as the Tr ibes. The cover le t ter to the report d iscussed the

Corps f ind ing and determinat ion of the adverse ef fect to the White

River Hydroelect r ic Project (WRHP) histor ic d is tr ic t . Both the

Muckleshoot Ind ian Tr ibe and the Puyal lup Ind ian Tr ibe were sent courtesy cop ied on the le t ter to the Washington SHPO at that t ime. No response was received f rom ei ther Tr ibe at that t ime regarding the adverse ef fect to the WRHP histor ic d ist r ict .

• In 2007, the pro ject was stopped and did not resume again unt i l recent ly. The Corps sent let ters to the Washington SHPO, the

Muckleshoot Ind ian Tr ibe, the Puyal lup Indian Tr ibe and the

Cascade Water Al l iance (current owner of the barr ier dam and other st ructures in the W RHP histor ic d ist r ict ) on February 5 th, 2015.

• The t r iba l le t ters were fo l lowed wi th an emai l and phone cal l to the respect ive t r ibal archaeologists for the Muckleshoot Indian

Tr ibe and the Puyal lup Indian Tr ibe on February 19t h , 2015. To date no response has been rece ived f rom ei ther Tr ibe regarding cul tura l resources issues on the project or i f they would l ike to part ic ipate in Memorandum of Agreement for the adverse ef fect to the W RHP histor ic d is tr ict .