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HomeMy WebLinkAboutU.S. EPA - MOA - 4.20.2026MEMORANDUM OF AGREEMENT (HEREAFTER, "MOA") AMONG THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IOWA STATE HISTORIC PRESERVATION OFFICE, AND CITY OF WATERLOO, IOWA, REGARDING ABATEMENT OF HAZARDOUS MATERIALS AT THE FORMER RATH PACKING PLANT IN WATERLOO, BLACK HAWK COUNTY, IOWA ACHP PROJECT NUMBER: 022657 WHEREAS, the U.S. Environmental Protection Agency (EPA) plans to fund asbestos abatement of the former Rath Packing Plant, located at 1442 Sycamore Street in Waterloo, Iowa (undertaking) pursuant to CERCLA: Secs. 104(k)(3) & 104(k)(5)(E) & 104(k)(10)(B)(iii) & Infrastructure Investment and Jobs Act (IIJA) (PL 117-58); and WHEREAS, the undertaking consists of the abatement of an area of approximately 44,500 square feet including 7,628 linear feet of Asbestos Containing Materials (ACM) and 70 solid units of product ACM; and WHEREAS, the EPA has defined the undertaking's area of potential effects (APE) as being thirteen (13) extant buildings within the former Rath Packing Plant within the city limits of Waterloo, Black Hawk County, Iowa (Appendix A); and WHEREAS, the EPA plans to fund the City of Waterloo (City) using a Cleanup Grant (4B 96705401) to complete the project; and WHEREAS, the EPA has determined that the undertaking may have an adverse effect on Buildings 88 and 131 within the former Rath Packing Plant, which are eligible for listing in the National Register of Historic Places (NRHP), and has consulted with the Iowa Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108); and WHEREAS, identification of historic properties and assessment of adverse impacts were completed as referenced in Appendix C; and WHEREAS, the SHPO concurred with the determination of Adverse Effect by response dated July 8, 2025; and WHEREAS, the EPA has consulted with the City regarding the effects of the project on historic properties and has invited them to sign this MOA as an invited signatory; and WHEREAS, the City held a public notification of the project by electronically posting an Analysis for Brownfields Corrective Action (ABCA), allowing the public and interested parties an opportunity to review and comment on the project in compliance with Iowa Department of Natural Resources (IDNR) requirements and Section 106 of the NHPA; and WHEREAS, no public comments were received regarding the adverse effect to the historic property; and WHEREAS, the EPA respects the sovereignty of all federally recognized Indian Tribes (Tribes) in consultation processes and recognizes their expertise in identifying and evaluating the religious and cultural significance of Tribal historic properties on and off Tribal lands; and WHEREAS, pursuant to 36 CFR § 800.3, the EPA has contacted Tribes that may have an interest Page 1 in the project and invited their consultation on May 12, 2025, and none of the contacted Tribes elected to participate in the consultation process. The EPA also contacted the Waterloo Historic Preservation Commission who participated in consultation but is not a signatory to this MOA; and WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the EPA notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination on April 15, 2025 with specified documentation, and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii) in a letter dated June 10, 2025, included as Appendix B; and NOW, THEREFORE, the EPA, the SHPO, and the City agree that the project shall be implemented with this MOA subject to the following stipulations in order to take into account the effect of the project on historic properties. STIPULATIONS The EPA, in coordination with the City, shall ensure that the following measures are carried out: I. MITIGATION MEASURES A. The City, on behalf of the EPA, shall ensure that the following mitigation measures are carried out and completed: i. Completion of a reconnaissance -level historic architecture survey of extant industrial facilities within the city limits of Waterloo that are 45 years of age or older. ii. The survey shall be conducted by a Secretary of Interior professional Architectural Historian. iii. The survey shall be completed in accordance with the standards for reconnaissance -level surveys presented in the most current edition of the SHPO Guidelines for Historic Architectural Surveys in Iowa. iv. The survey shall include preparation of a report that presents a historical overview of the history of industry in Waterloo and known industrial facilities that contributed to the development and growth of Waterloo. v. The draft survey report and a Resource Inventory Spreadsheet (RIS) of surveyed industrial facilities shall be presented to the EPA and SHPO for review and comment. vi. SHPO will be provided 30 days for review and comment of the draft RIS and report vii. A final survey report and RIS will be submitted to the EPA and SHPO within 1 month of receipt of comments B. Upon completion of the mitigation measures above, the SHPO will provide written notification to the City and the EPA that the survey is approved, and all mitigation measures subject to this MOA are complete. II. DURATION This MOA will be null and void if its terms are not carried out within three (3) years from the Page 2 date of execution. Prior to such time, the City or other signatory may consult with the other signatories to reconsider the terms of the MOA and amend it in accordance with the stipulations under Section VI (Amendments) below. III. POST -REVIEW DISCOVERIES If properties are discovered that may be historically significant or unanticipated effects on historic properties found, the City shall implement the discovery plan included as Appendix D of this MOA. IV. MONITORING AND REPORTING Once a year, following the execution of this MOA until it expires, is amended to extend, or is terminated, the City shall provide all parties to this MOA a summary report detailing work undertaken pursuant to its terms. Such report shall include any proposed scheduling changes, any problems encountered, and any disputes and objections received in the City's efforts to carry out the terms of this MOA. V. DISPUTE RESOLUTION A. 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 EPA shall consult with such party to resolve the objection. B. If the EPA determines that such objection cannot be resolved, the EPA will forward all documentation relevant to the dispute, including the EPA's proposed resolution, to the ACHP. The EPA will seek the ACHP's advice on the resolution of the objection and provide the ACHP a 30-day time period to respond after receiving adequate documentation. C. Prior to reaching a final decision on the dispute, the EPA shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP (if any), signatories and concurring parties, and provide them with a copy of this written response. The EPA will make a final decision and proceed according to its final decision. D. The EPA's responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute shall remain unchanged by any final decision rendered by the EPA pursuant to this Section. 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 that a copy of the amendment, signed by all 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 Stipulation VI, above. If within thirty (30) calendar 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 Page 3 prior to work continuing on the undertaking, the EPA 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. The EPA shall notify the signatories as to the course of action it will pursue. VIII. LIMITATIONS A. As required by the Anti -Deficiency Act, 31 U.S.C. § 1341, all commitments and intentions stated by the EPA in this MOA are subject to budget priorities and the availability of appropriated funds. Nothing in this MOA obligates the EPA to expend appropriations or to enter into any contract, assistance agreement, interagency agreement, or incur other financial obligations that would be inconsistent with EPA budget priorities. Any transaction involving transfers of funds between the Parties will be handled under separate written agreements and in accordance with applicable laws, regulations, Executive Orders, and procedures. If compliance with the Anti -Deficiency Act alters or impairs the EPA's ability to implement the stipulations of this agreement, the EPA will consult in accordance with the amendment and termination procedures found in this MOA. B. This MOA does not create any right or benefit enforceable against any of the Signatories, or any other person, by persons who are not party to this MOA. This MOA does not direct or apply to any person outside of the Signatories. C. This MOA is to take effect on the signature of all Parties and mailing of the MOA to the ACHP. No provision of this MOA limits rights, obligations, or authorities under the NHPA, other laws, or applicable Executive Orders. D. Pursuant to 36 CFR § 800.6(c)(2), "invited signatories" who sign this MOA are signatories to this MOA and have the same rights with regard to seeking amendment or termination of the MOA as other signatories. IX. CLOSING STATEMENT Execution of this MOA by the EPA, the SHPO and the City, and implementation of its terms, is evidence that the EPA has taken into account the effects of this project on historic properties and afforded the ACHP an opportunity to comment. Page 4 MEMORANDUM OF AGREEMENT AMONG THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IOWA STATE HISTORIC PRESERVATION OFFICE, AND CITY OF WATERLOO, IOWA, REGARDING ABATEMENT OF HAZARDOUS MATERIALS AT THE FORMER RATH PACKING PLANT IN WATERLOO, BLACK HAWK COUNTY, IOWA ACHP PROJECT NUMBER: 022657 SIGNATORY: U.S. Environmental Protection Agency Date DeAndre Singletary Page 5 MEMORANDUM OF AGREEMENT AMONG THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IOWA STATE HISTORIC PRESERVATION OFFICE, AND CITY OF WATERLOO, IOWA, REGARDING ABATEMENT OF HAZARDOUS MATERIALS AT THE FORMER RATH PACKING PLANT IN WATERLOO, BLACK HAWK COUNTY, IOWA ACHP PROJECT NUMBER: 022657 SIGNATORY: Iowa State Historic Preservation Officer Date Heather Gibb Page 6 MEMORANDUM OF AGREEMENT AMONG THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IOWA STATE HISTORIC PRESERVATION OFFICE, AND CITY OF WATERLOO, IOWA, REGARDING ABATEMENT OF HAZARDOUS MATERIALS AT THE FORMER RATH PACKING PLANT IN WATERLOO, BLACK HAWK COUNTY, IOWA ACHP PROJECT NUMBER: 022657 INVITED SIGNATORY: City of Waterloo Date ick i2v /w z !� Dave Boesen, Mayor Page 7 APPENDIX A Locational Map of 13 Buildings Where Abatement Activities Will Occur Buildings 88 and 131 are Determined Eligible and Adversely Effected by the Project NRHP Eligible Buildings 88 & 131 to be Mitigated ` to �«' `I• A i KEY TO MAJOA 1,44.0 (AA I MIMI 40091 131 C01.0 1T C.A41 1 CO 10 •10M01 13$ $0 •+01tt 21 COW $IO*0 CA 114 STALL 1C4I1 ar war .wtir %m e •1t V .a..o 10 I*1.CO6011 141 01 PINi M It1171Da9D111 134 ETb t ►9+1 of C Oa, 11CMC2 111 11.091011IT 111.40144\ O sO11,091MI.yN il) +O0 +vN Ir 11IIAGIu1E0 DDCa 10 a34 110113.3t109 ,. $ (04*1A es* ltii NIA *0 114444.IACTI* *11 CQO 0 P1 1wow* 'mac 'o1,7r 132 taCtfA 1E 900 O9134114 144 K014411Ce1 111404 •1 •1rW. 1N 1Mt n N LMD tlwt /1C141E 11) 89* NCL RA • 0 INItiCTt)M' 011011 111 WA*P! 11031*I41* 117 C001.111 1 I111e1[11 1111. NO3 /1N1 111 MD 'MAMA 110 1t#.WC* 117 CO.9 trou i 114 I*FDCFs.0u11 L .OE tW.la 131 IM47 0149971 iN CfC4.4* t•0. 131 1100 C1ArY%110 THE PIE PLAN ()PAWING 19 EASED ON 'PLOT PLAN O6 PLAN IPAIN PAL -KING COMPANY. WA ?COUTO, IOWA,' CA. 19416. LOCATE) IN THE COLLECTION Of RCBERT W. BATC7E P. WATERLOO IOWA FEET ICO 200 300 ~Brownfield Cleanup Area New Construction Demolished since HAER (1993) APPENDIX B ACHP Response Letter Dated December 16, 2025 June 10, 2025 Keith Slider Project Manager Environmental Protection Agency 11201 Renner Blvd Lenexa. KS 66216 Ref: Abatement of Hazardous Materials at the Former Rath Building Sire Waterloo, Blackhawk County, Iowa ACHP Project Number: 022657 Dear Mr_ Slider: On April 15, 2025, the Advisory Council on Historic Preservation (ACHP) received your notification and supporting documentation regarding the potential adverse effects of the referenced undertaking on a property or properties listed or eligible for listing in the National Register of Historic Places. Based upon the information you provided, we have concluded that Appendix A, Criteria for Council Involvement in Reviewing Individual Section 106 Cases, of our regulations, "Protection of Historic Properties" (36 CFR Part 800) implementing Section 106 of the National Historic Preservation Act, does not apply to this undertaking. Accordingly, we do not believe our participation in the consultation to resolve adverse effects is needed. However, if we receive a request for participation from the State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer, affected Indian tribe. a consulting party. or other party, we may reconsider this decision. Should the undertaking's circumstances change, consulting parties caimot come to consensus, or you need further advisory assistance to conclude the consultation process, please contact US. Pursuant to Section 800.6(bx1)(iv), you will need to file the final Section 106 agreement document (Agreement), developed in consultation with the Iowa SHPO and any other consulting parties, and related documentation with the ACHP at the conclusion of the consultation process. The filing of the Agreement and supporting documentation with the ACHP is required in order to complete the requirements of Section 106 of the National Historic Preservation Act. Thank you for providing us with your notification of adverse effect. If you have any questions or require our further assisthnrp, please contact Bill Marzella at ("202) 517-0209 or by e-mail at ADVI50Rt' COUNCIL ON HISTORIC PRESERVATION 401 F Street NW, Suite 308 • Washington, DC 20001-2637 Phoney 202-517-0200 • Fax: 202-517-6381 • achp,g achp.gov • www.achp.gov APPENDIX C Identification of Historic Properties, Assessment of Effects, and Associated Correspondence 04/15/25 This documentation identified below deals with the Former Rath Packing Plant consisting of 1442 Sycamore St. Waterloo, Iowa. The documentation is intended for a broad public audience and is written in clear, straightforward language, free of technical jargon with the information presented (i.e., edited, cataloged and packaged) in accordance with State Historical Society of Iowa guidelines. The documentation is prepared to meet the Secretary of the Interior's Standards for Architectural and Historical Documentation (48 FR 44731) in terms of content, quality, materials, and presentation. Project Description The City is proposing abatement of asbestos -containing building material (ACM) on the interiors and exteriors of interconnected vacant buildings on the subject property and subsequent legal disposal of the ACM at a sanitary landfill. The proposed undertaking will include the abatement of approximately 44,500 square feet and 7,628 linear feet of ACM; and 70 solid units of product ACM. Future re -use of the subject property will eventually involve the complete demolition of the structures. Site Description and History The subject property is located at 1442 Sycamore St., Waterloo, Iowa and is comprised of 11 multi- storied and interconnected buildings ranging in height from five to seven stories. The structures combined are approximately 896,035 square feet of space; and are primarily constructed with concrete block and glass block windows. The structures were associated with the Rath Packing Company complex and were constructed at varying times between 1936 and 1957. The subject property historically operated as a slaughterhouse and meat packing warehouse facility and once represented the fifth largest meat packing facility in the United States immediately following World War II. The property reportedly ceased operations in 1985 and has been unoccupied since the property ceased operations. The City acquired the subject property via warranty deed, on May 26, 2022. Previous Investigations The City has submitted several investigations on existing site conditions including: 2025 Historical Assessment, 2025 Supplemental Hazardous Material Survey, 2024 Site -Specific Quality Assurance Project Plan, 2022 Hazardous Material Survey, and 2022 Alternative for Brownfields Cleanup Activity in support of this project. These documents are also included as a part of this Section 106 Application Package. Hazard Material Survey Findings Based on Hazardous Material Survey (HMS) investigations, various building materials were identified as ACM throughout the exterior and interior of the subject property. The ACM included: pipe insulation; asphalt shingles; roofing tar; roofing caulk; exterior caulk; heater insulation; tank insulation; tar and felt on wrap pipe insulation; floor tile; floor tile mastic; door and window caulk; boiler insulation; expansion joint compound; transite wall panels; duct sealant; corrugated transite panels; fire doors; and ancillary elevator equipment (i.e. cables and braking systems). Historic Architectural Survey Findings Previous Historic Architectural Survey studies have been conducted of the Rath Packing Company complex, including the subject property. Based on a 1993 Historical Architectural Engineering Record (HAER) survey, Building No. 131 was found to be eligible for the National Registration of Historical Properties (NRHP), under Criteria A and C. (Criteria A and C require consideration for structures which are: associated with "Significant Events" and structures that have "the Embodiment of a Distinctive Type or Period of Construction"). No other NRHP-eligible structures were observed on the subject property. Finding of Adverse Effect EPA, in consultation with the City, has considered whether the proposed undertaking would impact historic structures or historically significant spaces. Based on extensive review by the City, it appears that the proposed undertaking may adversely affect Building No. 131. Additionally, the proposed undertaking ultimately will prepare the structure for demolition and eventual re -development of the site. In conformance with Section 106 of the NHPA 36 CFR Part 800, EPA has notified the Advisory Council on Historic Preservation (ACHP) regarding this undertaking indicating that it may adversely affect a historic property, and inviting the ACHP to participate in consultation, and potentially resolve adverse effects associated with this undertaking. APPENDIX D Unanticipated Discovery Plan Any unanticipated discovery, including but not limited to human remains, found during an undertaking covered by this Agreement shall comply with applicable state notification standards, federal laws, 36 CFR § 800.13, this Agreement and the ACHP's Policy Statement on Burial Sites, Human Remains, and Funerary Objects (March 1, 2023). The recordation of human remains in a burial context or as individual elements is a task that requires sensitivity and good judgement, as determined through consultation. Consultation is a necessary part of documenting any human remains, whether in a discovery situation or during the treatment of historic properties. At all times, human remains must be treated with the utmost dignity and respect. It is worth keeping in mind that human remains could range from recent deaths to bone fragments from thousands of years ago. Each situation is unique and calls for a careful evaluation by people with specialized skills. All ancient human remains (i.e. over 150 years old) in Iowa are protected by Iowa Code: 263B, 523I.316(6), 685-11.1 and 716.5. Ancient human remains discovered on Federal and/or tribal lands as a result of the Undertaking are also protected under the Native American Graves Protection and Repatriation Act (NAGPRA) (25 U.S.C. 3001-3005). The EPA shall consult with the parties to determine the proper course of action regarding the discovery. No further disturbance of the deposits shall ensue until the Any unanticipated discovery, including but not limited to human remains, found during an undertaking covered by this Agreement shall comply with applicable state notification standards, federal laws, 36 CFR § 800.13, this Agreement and the ACHP's Policy Statement on Burial Sites, Human Remains, and Funerary Objects (March 1, 2023). The recordation of human remains in a burial context or as individual elements is a task that requires sensitivity and good judgement, as determined through consultation. Consultation is a necessary part of documenting any human remains, whether in a discovery situation or during the treatment of historic properties. At all times, human remains must be treated with the utmost dignity and respect. It is worth keeping in mind that human remains could range from recent deaths to bone fragments from thousands of years ago. Each situation is unique and calls for a careful evaluation by people with specialized skills. All ancient human remains (i.e. over 150 years old) in Iowa are protected by Iowa Code: 263B, 523I.316(6), 685-11.1 and 716.5. Ancient human remains discovered on Federal and/or tribal lands as a result of the Undertaking are also protected under the Native American Graves Protection and Repatriation Act (NAGPRA) (25 U.S.C. 3001-3005). The EPA shall consult with the parties to determine the proper course of action regarding the discovery. No further disturbance of the deposits shall ensue until the EPA determines that the project activities in that area may proceed. Specialists employed in response to the unanticipated discovery/effects, including archaeologists and architectural historians, as appropriate, shall meet applicable Secretary of the Interior's (SOI) qualifications and have knowledge to assess the resources. Procedure For Unanticipated Discoveries Involving Human Remains 1. If, during the course of construction, evidence of human remains or suspected human remains are found, the contractor shall cease operations affecting the remains and any associated work within 100-feet of the remains. Work outside this 100-feet radius may be allowed to continue at the discretion of the federal agency. 2. The contractor shall immediately contact the local authorities and any other relevant authorities as required by law to assist in securing the site and investigating the remains. Securing the site includes making sure human remains are not visible or accessible to the public, (e.g. with a temporary but non-destructive covering and/or fencing) and that the area of avoidance is known to and clearly marked for construction personnel. The remains shall be protected from weather impacts when possible. 3. The relevant authority with jurisdiction shall commence an investigation to determine whether the remains are human or non -human, and in instances where human remains are present, whether the remains are 150 years old or greater. Remains which are determined to be 150 years old or greater fall within the exclusive jurisdiction of the OSA and shall not be disturbed by other parties. 4. The contractor shall notify the EPA within 24 hours of discovery, who shall in turn notify: a. the State Historic Preservation Office; b. the director of the Bioarchaeology Program at the OSA (either directly or through the State Archaeologist); c. the other signatories to this Agreement, and; d. other parties with an interest in the discovery, as appropriate. 5. Photographic images of the human remains or suspected human remains shall only be taken for the purposes of official species determination and/or determination of the age of the remains. Photographs may only be taken under the direct instruction of the relevant authority with jurisdiction to take such photographs. No unauthorized images of the remains are permitted. 6. If the remains are determined not to be human, no further action is required under this "Procedure For Unanticipated Discoveries Involving Human Remains" list, but note that the discovery may still constitute an archaeological site under other applicable law. The EPA shall inform the contractor when the 100-foot radius area is released for continued construction. 7. If the remains are determined to be human and less than 150 years old, the OSA has no jurisdiction with regard to those remains and no further action is required under this "Procedure For Unanticipated Discoveries Involving Human Remains" list, but note that the discovery may still constitute an archaeological site under other applicable law. In cases where the remains appear to be Native American and not of medicolegal significance, the relevant authority should coordinate with the OSA and Tribes to determine the appropriate disposition for the remains. The relevant authority with jurisdiction will take possession of the remains and continue the investigation and disposition off -site. The EPA shall inform the contractor when the 100-foot radius area is released for continued construction. Appendix D 8. If the remains are determined to be human and 150 years old or over, the relevant authority shall turn the remains over to the Bioarchaeology Program at the OSA. The Bioarchaeology Program shall have jurisdiction to ensure that the Iowa Code as well as the Native American Graves Protection and Repatriation Act (NAGPRA) and its implementing regulations (43 CFR Part 10) are observed. The disposition of the remains, including the possibility to leave the remains in place, will be arranged by the director of the Bioarchaeology Program and the State Archaeologist in consultation with the culturally affiliated Tribe(s) and the OSA's Indian Advisory Council, or other descendant communities as applicable. Any dispute regarding the applicability of NAGPRA as a result of the Undertaking shall be resolved in accordance with 43 CFR Part 10.17. EPA shall inform the contractor when the 100-foot radius area is released for continued construction. Procedure for Unanticipated Discoveries Not Involving Human Remains 9. If, during the course of construction, cultural materials 50 years old or older or potentially significant properties/elements are discovered/affected the contractor must cease all work within a 50-foot radius of the discovery. 10. The contractor shall notify the EPA within 24 hours of discovery, who shall in turn notify the State Historic Preservation Office, and any other signatories to this Agreement. Notification of Tribes, or other parties will occur as needed. 11. The contractor shall secure and protect the discovery site until evaluated by SOI-qualified personnel. 12. As appropriate for the materials found, the EPA will coordinate with SOI qualified personnel to evaluate the material for National Register of Historic Places (NRHP) eligibility and the magnitude of the effects of the project on the material within three (3) business days of the discovery. 13. The EPA will make a determination of eligibility and finding of effect. They will submit this information to the SHPO. The SHPO will have five (5) business days to respond and comment. 14. If further investigation is warranted to assess NRHP eligibility or that an adverse effect to an historic property has occurred, the EPA shall consult with SHPO (and other consulting parties) to develop either a treatment plan which avoids an adverse effect, or in the case of adverse effects to a historic property, a mitigation plan, and allow SHPO (and other consulting parties) to comment. 15. Activities can resume with no further action required if the EPA determines that the discovery is not NRHP-eligible or, if an historic property can be avoided or that an unanticipated effect was not adverse and SHPO concurs. If further action is required, work can continue after appropriate treatment plan or mitigation plan are agreed upon. 16. The EPA shall inform the contractor when the 50-foot radius area is released for continued construction. Specialists employed in response to the unanticipated discovery/effects, including archaeologists and architectural historians, as appropriate, shall meet applicable Secretary of the Interior's (SOI) qualifications and have knowledge to assess the resources. Appendix D Procedure For Unanticipated Discoveries Involving Human Remains 17. If, during the course of construction, evidence of human remains or suspected human remains are found, the contractor shall cease operations affecting the remains and any associated work within 100-feet of the remains. Work outside this 100-feet radius may be allowed to continue at the discretion of the federal agency. 18. The contractor shall immediately contact the local authorities and any other relevant authorities as required by law to assist in securing the site and investigating the remains. Securing the site includes making sure human remains are not visible or accessible to the public, (e.g. with a temporary but non-destructive covering and/or fencing) and that the area of avoidance is known to and clearly marked for construction personnel. The remains shall be protected from weather impacts when possible. 19. The relevant authority with jurisdiction shall commence an investigation to determine whether the remains are human or non -human, and in instances where human remains are present, whether the remains are 150 years old or greater. Remains which are determined to be 150 years old or greater fall within the exclusive jurisdiction of the OSA and shall not be disturbed by other parties. 20. The contractor shall notify the EPA within 24 hours of discovery, who shall in turn notify: a. the State Historic Preservation Office; b. the director of the Bioarchaeology Program at the OSA (either directly or through the State Archaeologist); c. the other signatories to this Agreement, and; d. other parties with an interest in the discovery, as appropriate. 21. Photographic images of the human remains or suspected human remains shall only be taken for the purposes of official species determination and/or determination of the age of the remains. Photographs may only be taken under the direct instruction of the relevant authority with jurisdiction to take such photographs. No unauthorized images of the remains are permitted. 22. If the remains are determined not to be human, no further action is required under this "Procedure For Unanticipated Discoveries Involving Human Remains" list, but note that the discovery may still constitute an archaeological site under other applicable law. The EPA shall inform the contractor when the 100-foot radius area is released for continued construction. 23. If the remains are determined to be human and less than 150 years old, the OSA has no jurisdiction with regard to those remains and no further action is required under this "Procedure For Unanticipated Discoveries Involving Human Remains" list, but note that the discovery may still constitute an archaeological site under other applicable law. In cases where the remains appear to be Native American and not of medicolegal significance, the relevant authority should coordinate with the OSA and Tribes to determine the appropriate disposition for the remains. The relevant authority with jurisdiction will take possession of the remains and continue the investigation and disposition off -site. The EPA shall inform the contractor when the 100-foot radius area is released for continued construction. Appendix D 24. If the remains are determined to be human and 150 years old or over, the relevant authority shall turn the remains over to the Bioarchaeology Program at the OSA. The Bioarchaeology Program shall have jurisdiction to ensure that the Iowa Code as well as the Native American Graves Protection and Repatriation Act (NAGPRA) and its implementing regulations (43 CFR Part 10) are observed. The disposition of the remains, including the possibility to leave the remains in place, will be arranged by the director of the Bioarchaeology Program and the State Archaeologist in consultation with the culturally affiliated Tribe(s) and the OSA's Indian Advisory Council, or other descendant communities as applicable. Any dispute regarding the applicability of NAGPRA as a result of the Undertaking shall be resolved in accordance with 43 CFR Part 10.17. EPA shall inform the contractor when the 100-foot radius area is released for continued construction. Procedure for Unanticipated Discoveries Not Involving Human Remains 25. If, during the course of construction, cultural materials 50 years old or older or potentially significant properties/elements are discovered/affected the contractor must cease all work within a 50-foot radius of the discovery. 26. The contractor shall notify the EPA within 24 hours of discovery, who shall in turn notify the State Historic Preservation Office, and any other signatories to this Agreement. Notification of Tribes, or other parties will occur as needed. 27. The contractor shall secure and protect the discovery site until evaluated by SOI-qualified personnel. 28. As appropriate for the materials found, the EPA will coordinate with SOI qualified personnel to evaluate the material for National Register of Historic Places (NRHP) eligibility and the magnitude of the effects of the project on the material within three (3) business days of the discovery. 29. The EPA will make a determination of eligibility and finding of effect. They will submit this information to the SHPO. The SHPO will have five (5) business days to respond and comment. 30. If further investigation is warranted to assess NRHP eligibility or that an adverse effect to an historic property has occurred, the EPA shall consult with SHPO (and other consulting parties) to develop either a treatment plan which avoids an adverse effect, or in the case of adverse effects to a historic property, a mitigation plan, and allow SHPO (and other consulting parties) to comment. 31 Activities can resume with no further action required if the EPA determines that the discovery is not NRHP-eligible or, if an historic property can be avoided or that an unanticipated effect was not adverse and SHPO concurs. If further action is required, work can continue after appropriate treatment plan or mitigation plan are agreed upon. 32. The EPA shall inform the contractor when the 50-foot radius area is released for continued construction. Appendix D