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HomeMy WebLinkAboutUS Department of Homeland Security-4/12/2010MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION, AND THE CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA WHEREAS, the Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security proposes to administer Federal disaster assistance through FEMA's Public Assistance and Hazard Mitigation Grant Programs pursuant to the Robert T. Stafford Disaster Relief Emergency Assistance Act, 42 U.S.C.§5121-5206 (Stafford Act) through the Iowa Homeland Security & Emergency Management Division (IHSEMD) to the City of Waterloo (the City) for the voluntary acquisition and demolition of residential structures (Undertaking) substantially damaged as a result of flooding in July 2008 that resulted in declared disaster DR - 1763 -IA; and WHEREAS, FEMA has determined the buildings located at 158 Sans Souci Drive, 176 Sans Souci Drive, and 186 Sans Souci Drive to be individually eligible for listing in the National Register of Historic Places and the Sans Souci Historic District to be a NRHP eligible historic district in consultation with the State Historical Society of Iowa, State Historic Preservation Office (SHPO) pursuant to 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. Section 470f); and WHEREAS, FEMA has determined in consultation with the SHPO that the Undertaking will result in Adverse Effects to the historic properties at 158 Sans Souci Drive, 176 Sans Souci Drive, and 186 Sans Souci Drive and to the Sans Souci Historic District; and WHEREAS, FEMA carried out a Phase I -A Archaeological assessment and determined in consultation with the SHPO that although no identified archaeological sites were located within the Area of Potential Effects (APE), there are several prehistoric and historic archaeological sites across the general area of the demolitions and the background research indicated that the APE is located in an area possessing a high potential to contain significant archaeological sites; and WHEREAS, FEMA and the SHPO have agreed that prior to any demolition activities, FEMA will require the City to contract a Phase I Archaeological Reconnaissance Survey of the APE with funds provided by FEMA and administered through IHSEMD; and WHEREAS, FEMA and the SHPO will review the results of the Phase I Reconnaissance Survey and will establish treatment measures based on the results of the survey; and WHEREAS, FEMA has notified the Advisory Council on Historic.Preservation (ACHP) regarding its intent to prepare a Memorandum of Agreement (MOA) to satisfy its Section 106 responsibilities pursuant to 36 CFR Part §800.6 (a)(1), and the ACHP has declined to participate, pursuant to 36CFR §800.6(a)(1)(iii); and WHEREAS, FEMA has invited IHSEMD as the Grantee and the City as the Sub -grantee to be signatory parties to this MOA; and WHEREAS, FEMA, in consultation with the SHPO, has invited the Waterloo Historic Preservation Commission, the Silos and Smokestacks National Heritage Area, Main Street Waterloo, and Preservation Iowa to concur in this MOA, as provided by 36 CFR §800.6(c)(3); and WHEREAS, all references to time periods in this MOA are in calendar days and month, and notices and other written communications may be submitted by e-mail; and NOW, THEREFORE, FEMA, SHPO, IHSEMD, and the City agree that they shall implement the Undertaking in accordance with the following stipulations in order to mitigate the effects of the Undertaking on historic properties. To the extent of its legal authority and in coordination with the SHPO, IHSEMD, and the City, FEMA will require that the following measures are implemented: STIPULATIONS I. Mitigation Measures: FEMA shall provide funds through IHSEMD to the City, who shall carry out the following measures: A. Complete a reconnaissance and intensive level historic and architectural survey for the Waterloo downtown business district on the east and west sides of the Cedar River i. The City will award the contract to the consultant of the City's choice, provided that the consultant is qualified under the Secretary of the Interior's Professional Qualification Standards for Historian and/or Architectural Historian as determined by FEMA. ii. The consultant shall use as a guide the following geographic parameters when conducting the reconnaissance and intensive level historic architectural survey (survey areas are identified by yellow boundary lines drawn on maps in Appendix A, attached): a) West of the Cedar River roughly bounded on the west by West 2"d Street, on the south by Bluff Street, on the east by West 6th Street and on the north by Commercial Street east of West 5th Street, the Cedar River between West 5th Street and West Park Avenue and by Cedar Street west of West Park Avenue b) East of the Cedar River an irregular area beginning at East 4th Street and the Cedar River 1) proceeding east along the river to East 8th Street 2) north to Sycamore Street 3) west to East 5th Street Waterloo Memorandum of Agreement Page -2 -of 18 4) north to Walnut Street 5) west to East Park Avenue 6) south to Franklin Street 7) west to East 3rd Street 8) south to Mulberry Street 9) west to East 2nd Street 10) south to Lafayette Street 11) east to East Park Avenue 12) south to a point midblock, south of Sycamore Street 13) west and north to Sycamore Street to capture the building in the southeast quadrant of Sycamore Street and East Park Avenue 14) east to East 4th Street 15) south to the beginning point at the Cedar River c) East 4th Street between Mulberry Street and the Cedar River will be omitted from the reconnaissance survey and documentation provided by Tallgrass Historians, L.C. will be incorporated into the survey report iii. The consultant shall prepare a Multiple Property Documentation (MPD) form for the business district in accordance with NRHP requirements and Iowa SHPO standards. It should identify and explain historic contexts for the surveyed area and historic district(s), identify potential boundaries for eligible historic district(s), and evaluate and list the contributing and noncontributing status of resources within potential districts. iv. The consultant shall submit the draft MPD form to the City, FEMA, and the SHPO for review and comment and shall make any revisions to the draft MPD recommended by each. v. If the consultant identifies a historic district eligible for NRHP listing on the west side of the Cedar River, the consultant shall prepare a district nomination. If all Signatories of the MOA agree that the properties on the west side do not constitute a NRHP-eligible historic district, the consultant shall prepare up to six (6) nominations to the NRHP for structures identified in the reconnaissance survey as individually eligible for listing in the NRHP but which are located outside the boundaries of any historic district identified in the survey. vi. Should more than six structures outside the boundaries of an eligible Historic District be identified, the Waterloo Historic Preservation Commission, in consultation with FEMA and the SHPO, shall establish the priority for determining which nomination(s) will be prepared. vii. The consultant shall submit the draft nomination(s) to FEMA and the SHPO for review and comment. The consultant will be expected to attend the State National Register Committee meeting and make any revisions recommended by that body or the National Park Service after the SHPO has submitted the final nomination(s). Waterloo Memorandum of Agreement Page -3 -of 18 B. Produce a booklet on the historic and architectural significance of Sans Souci Island The City will award the contract for researching and writing the document to the consultant of the City's choice, provided that the consultant is qualified under the Secretary of the Interior's Professional Qualification Standards for Historian and/or Architectural Historian as determined by FEMA. ii. The City will include in their contract with the consultant a clause requiring the consultant to assign the copyright of the booklet to FEMA. iii. FEMA will issue a license to the City for the indefmite right to reproduce the booklet. iv. Parameters of the research will include the inception of Sans Souci Island as a resort community through its development as a year round residential neighborhood until the flood of 2008, a discussion of architectural styles, residential development patterns and San Souci Island's historic context in the social and economic development of the City of Waterloo. v. The contractor shall illustrate the narrative with historic photographs, maps and related images and graphics. vi. All images used in the publication will be in the public domain or used by written permission of the owner or copyright holder. vii. Prior to printing, the consultant will submit a draft to the City, FEMA, the SHPO for review and comment. viii. The City, FEMA, and the SHPO's comments will be incorporated into any revisions. ix. A print run of 500 copies of a 48 -page 8'/2" x 11" landscape format four-color publication will be produced. x. The City, in consultation with the SHPO, will develop a list of local governments, local and regional municipal, school and university libraries, Historic Preservation Commissions and Historical Societies and shall provide each with a copy of the booklet for their collections. xi. The consultant shall deliver two hundred (200) copies to the SHPO and three (3) copies to FEMA. xii. The consultant shall deliver Twenty-five (25) copies to the Waterloo Historic Preservation Commission. The remaining copies will be retained by the City, the Grout Museum and Silos and Smokestacks. Waterloo Memorandum of Agreement Page -4- of 18 xiii. A digital copy of the booklet will be provided to the City and to the Grout Museum and may be used for the City's and the Grout Museum's web based information dissemination. C. Salvage of Architectural Material i. Following acquisition of the properties, the City, if it chooses to do so, in consultation with FEMA and the SHPO, will identify significant architectural features to be removed from the properties. ii. The City, if it chooses to salvage architectural elements from acquired properties, in consultation with FEMA and the SHPO, will attempt to identify a private or public not-for-profit local or regional historic preservation or architectural salvage organization interested in receiving a donation of the architectural features. The organization may sell the architectural features to the general public for the specific purpose of raising funds to support future historic preservation or salvage/reuse activities in the region. iii. The City shall realize no financial gain from the transfer of architectural features to the historic preservation/salvage organization or from any subsequent sale. Any income derived by the City from the sale of architectural features would be considered project income to be deducted from proceeds of federal funding under Hazard Mitigation Grant Program or Public Assistance Programs. iv. If architectural features are to be salvaged, the identified historic preservation/salvage organization will be responsible for removing the identified architectural features prior to the scheduled demolition of an individual property and for storing the architectural elements salvaged from the properties in a secure location off site. v. The City may retain any salvaged architectural features for educational purposes in a display of Waterloo's architectural history. D. Steps, Terraces and Walkways i. The City will retain in situ the laid stone steps, terraces, and walkways on Sans Souci Island. II. Post Review Discoveries A. The City's demolition contractor shall immediately cease project activities in the vicinity of the discovery should previously unidentified archaeological sites or unanticipated effects be discovered during implementation of the project. Personnel should take all reasonable measures to avoid or minimize harm to the archaeological find(s) and/or avoid or minimize further unanticipated effects. Waterloo Memorandum of Agreement Page - 5 - of 18 B. The person or persons encountering such properties or effects shall immediately notify FEMA and the SHPO at 515-281-8743. Construction in the area of such sites or effects shall not resume until the requirements of 36 CFR §800.13(b)(3) have been met. III. Anticipatory Actions A. FEMA shall not grant assistance to the City should the City, or those acting on its behalf, engage in anticipatory actions with the intent to avoid the requirements of this MOA or Section 106 of the National Historic Preservation Act significantly adversely affecting an historic property to which the assistance would relate or, having legal power to prevent it, allow such significant adverse effect to occur. B. After consultation with the SHPO and ACHP, however, FEMA may determine that circumstances justify granting such assistance despite the adverse effect created or permitted by the Sub -Grantee and shall complete consultation for the Undertaking. IV. Duration of Agreement A. This agreement will be null and void if its terms are not carried out within twenty-four (24) months of the date that it has been executed. B. If any signatory to this MOA determines that its terms will not or cannot be carried out or that an amendment to its terms must be made, that party shall immediately consult with the other parties to develop an amendment to this MOA pursuant to 36 CFR part 800.6(c)(7) and 800.6(c)(8). V. Dispute Resolution A. If any objection or dispute should arise within the time frame provided by this MOA to any plans, specifications, or actions provided for review pursuant to this MOA, FEMA will consult further with the objecting party to seek resolution. B. If FEMA determines that the dispute cannot be resolved, FEMA shall forward all documentation relevant to the dispute to the Council in accordance with 36 CFR §800.11(e), including FEMA's proposed resolution of the dispute. Within thirty (30) calendar days after receipt of all pertinent documentation, the ACHP will either: i. Advise FEMA that it concurs with FEMA's resolution to the dispute. ii. Provide FEMA with recommendations, which FEMA will take into consideration in reaching a final decision regarding the dispute; or iii. Notify FEMA that it will comment pursuant to 36 CFR §800.7(c), and proceed to comment. Any comment provided will be taken into consideration by FEMA in accordance with 36 CFR §800.7(c)(4) with reference to the subject of the dispute. Waterloo Memorandum of Agreement Page -6- of 18 C. Any recommendation or comment provided by the ACHP will be understood to pertain only to the subject of the dispute, and FEMA's responsibility to fulfill all actions that are not subject of the dispute will remain unchanged. D. Failure to fulfill the terms of this MOA requires that FEMA again request the ACHP's comments in accordance with 36 CFR §800.7. E. If FEMA cannot fulfill the terms of this MOA, it shall not take or sanction any action or make any irreversible commitment that would result in an adverse effect with respect to eligible or listed historic properties covered by this MOA or that would foreclose the ACHP's consideration of modifications or alternatives to the Undertaking that could avoid or mitigate the adverse effect until the comment process has been completed. VI. Amendments Any signatory to this MOA may propose to FEMA that the MOA be amended whereupon FEMA will consult with all signatories to the MOA to consider such an amendment. 36 CFR §800.6(c)(1) shall govem the execution of any such amendment. The signatures of all the signatories shall be required for any amendment hereto to be effective. VII. Termination of Agreement A. If any signatory or invited 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 Stipulation VI., above. B. If within thirty (30) days 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, FEMA must either (a) execute an MOA pursuant to 36 CFR §800.6 or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR §800.7. FEMA shall notify the signatories as to the course of action it will pursue. VIII. Execution of the Memorandum of Agreement Execution of this MOA by FEMA and implementation of its terms are evidence that FEMA has taken into account the effects of the Undertaking on historic properties, and that FEMA has satisfied its responsibilities under the NHPA and its implementing regulations. Waterloo Memorandum of Agreement Page -7 -of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA EXECUTED: SIGNATORY PARTY FEDERAL EMERGENCY MANAGEMENT AGENCY By: Date: Kenneth Sessa Regional Environmental Officer FEMA Region VII Waterloo Memorandum of Agreement Page - 8 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA SIGNATORY PARTY STATE HISTORICAL SOCIETY OF IOWA By: Date: Barbara A. Mitchell Deputy State Historic Preservation Officer Waterloo Memorandum of Agreement Page -9- of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA INVITED SIGNATORY PARTY IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION By: Date: Dennis Harper State Public Assistance Officer Waterloo Memorandum of Agreement Page - 10 - of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA INVITED SIGNATORY PARTY CITY OF WATERLOO By: • mest G. Clark Mayor Date: 2114- 2'D (D Waterloo Memorandum of Agreement Page -11-of18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA CONCURRING PARTY WATERLOO HISTORIC PRESERVATION COMMISSION By: Date: Gale Quirk Chair Waterloo Memorandum of Agreement Page -12 -of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA CONCURRING PARTY MAIN STREET WATERLOO By: Date: Sindee Kleckner Executive Director Waterloo Memorandum of Agreement Page -13 -of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA CONCURRING PARTY SILOS AND SMOKESTACKS NATIONAL HERITAGE AREA By: Date: Donald P. Short President Waterloo Memorandum of Agreement Page -14 -of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY, IOWA CONCURRING PARTY PRESERVATION IOWA By: Date: Rod Scott President Waterloo Memorandum of Agreement Page - 15 - of 18 APPENDIX A: MAPS OF AREAS SUBJECT TO INTENSIVE RECONNAISSANCE AND INTENSIVE LEVEL HISTORIC AND ARCHITECTURAL SURVEY Waterloo Memorandum of Agreement Page - 16 - of 18 E ! 1iiIl Downtown Waterloo Historical Survey - Eastside Legend Proposed Eastside Survey Area Ctrren2 Eastside Survey Area Waterloo Memorandum of Agreement Page - 17 - of 18 Downtown Waterloo Historical Survey - Westside Waterloo Memorandum of Agreement Page -18 -of 18 1