ER# /22/03

Transcription

1 ER# /22/03 PROGRAMMATIC AGREEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, AND THE PENNSYLVANIA STATE HISTORIC PRESERVATION OFFICER PURSUANT TO 36 CFR SECTION (b)(1) REGARDING IMPLEMENTATION OF THE MON/FAYETTE TRANSPORTATION PROJECT PA 51 TO INTERSTATE 376 ALLEGHENY COUNTY, PENNSYLVANIA WHEREAS, the Federal Highway Administration (FHWA) proposes to construct a multi-lane, tolled expressway between PA 51 and Interstate 376 which is the Mon/Fayette Transportation Project (Project) in Allegheny County, Pennsylvania; and WHEREAS, FHWA has established the Area of Potential Effect (APE) for the Project, as defined in 36 CFR Part (d), as the area within the proposed right-of-way line, approximately 1000 feet wide in the eastern section and 500 feet wide in the western section of the project corridor, and includes the area within the visual field of the North Shore Alternative and the South Shore Alternative (Attachment A); and WHEREAS, the APE includes two alternatives; the North Shore Alternative and the South Shore Alternative, which have been investigated for the potential for archaeological resources through a prehistoric and historic archaeological model (Archaeological Methodology Addendum, 2001) and surveyed for the identification of historic structures, buildings, and districts (Historic Resources Survey, 1997; the Historic Resource Survey Addendum, 1998; South Shore Historic Resource Survey, 2001); and WHEREAS, FHWA pursuant to 36 CFR Part 800.4(c), has determined that within the APE for the North and South Shore Alternatives the following properties are eligible for the National Register of Historic Places: Park Avenue, First Christian Church, Whitaker Property, Joseph and Harriet Pierce Property, Allegheny County Airport, Duquesne Place Historic District, Duquesne Works United States Steel, East Pittsburgh Historic District, Westinghouse Electrical Corporation Hydroelectric Plant, East Pittsburgh Division of the Westinghouse Corporation, East Pittsburgh United States Post Office, Lincoln Highway Crossing Bridge #6, Westinghouse Airbrake Division-Wilmerding Plant, VFW Post #207, Turtle Creek Public High School, Turtle Creek Post Office, Alpha Evangelical Lutheran Church, Turtle Creek Public School, St. Colman s Catholic School, McMasters Methodist Episcopal Church, United Presbyterian Church, Linhart Works/Anker Industries, Hall s Locomotive Shop, Quinn Property, Edgar Thompson Works/Carnegie Steel Company, Braddock Historic District, United Presbyterian Church, Synagogue Agudath Achim, United States Post Office of Braddock, St. Mary s Episcopal Church, Swedish Evangelical Lutheran Bethel Church, New Hope Baptist Church, Calvary Presbyterian Church, Deutsche Evangelical Lutheran Church, William B. Lucas Property, St. Brendan s Complex/Apartments, Carrie Blast Furnace and Hot Metal Bridge, Pemickey Bridge, Clawson Houses, Second Avenue Bridge over Nine Mile Run, Hazelwood Historic District, Barker Property, D.L. Thomas Dry Goods, Pittsburgh Works of the Jones and Laughlin Steel Corporation, Monongahela Connecting Railroad Bridge, Gulf Research Laboratory, Soho Public Baths and Settlement House, Boyle Property, Forbes Avenue Bridge, Hays Estate, Munhall Public School, Carnegie-Illinois Steel Corporation Property, Munhall School, Carnegie-Illinois Steel Corporation Record Storage Building, Homestead Battle Site, Carnegie Library of Homestead, Homestead Workingman s Club, Hough Property, St. Anne s Catholic Church, Mesta Machine Company, Hays Fire Station and Borough Hall, Hays Public School, O.H.P. Blackburn Property, Hays Ammunition Plant, South Pittsburgh Water Company, St. Peter s Parochial School, St. Peter s Social Hall, Pitts-

2 burgh Mercantile Company, Ancient Order of the Hiberians, Dixon-Woods Property, John and Catherine Meier Property, South Side Flats Historic District, Union Railroad, Pittsburgh and Lake Erie Railroad, Pennsylvania Railroad and the Baltimore and Ohio Railroad; and the following properties are listed in the National Register of Historic Places: George Westinghouse Memorial Bridge, Carnegie Free Library of Braddock, Homestead High Level Bridge, Kennywood Park, Bost Building, Homestead Historic District, Homestead Pennsylvania Railroad Station, East Carson Street Historic District and Samuel Morse School and Annex; and the following properties are National Historic Landmarks: Kennywood Park and Bost Building; and WHEREAS, FHWA has identified the North Shore Alternative consisting of Option 1B, 2A, 3, 4A/B and 5C as the recommended preferred alternative, this agreement will include effect determinations and mitigation stipulations for historic properties within those options; and WHEREAS, FHWA has determined that the quantifiable impacts for the two options in Section 4 are the same, both Options 4A and 4B will be carried forward as part of the recommended preferred alternative. More detailed geotechnical investigation and coordination with Pittsburgh officials and the public, to be conducted in final design, will determine which of the options will be chosen; and WHEREAS, for the purpose of determining the effects of the Project, FHWA will use the boundaries for the Carrie Blast Furnace and Hot Metal Bridge as provided to the SHPO in a May 1998 Pennsylvania Historic Resource Survey Form Continuation Sheet and as presented in the Determination of Effect Report (May 2002) prepared for the Project; and WHEREAS, FHWA has determined that the Project will have no effect on Park Avenue, First Christian Church, Joseph and Harriet Pierce Property, Allegheny County Airport, Duquesne Place Historic District, East Pittsburgh United States Post Office, Lincoln Highway Crossing Bridge #6, Westinghouse Airbrake Division-Wilmerding Plant, Carnegie Free Library of Braddock, United States Post Office of Braddock, St. Mary s Episcopal Church, William B. Lucas Property, Carrie Blast Furnace and Hot Metal Bridge, Pemickey Bridge, Hays Fire Station and Borough Hall, Hays Public School, O.H.P. Blackburn Property, Hays Ammunition Plant, Monongahela Connecting Railroad Bridge, Gulf Research Laboratory, Soho Public Baths and Settlement House, Boyle Property, and Forbes Avenue Bridge; and WHEREAS, FHWA has determined that the Project will have no adverse effect on Whitaker Property, Duquesne Works United States Steel, East Pittsburgh Historic District, George Westinghouse Memorial Bridge, Westinghouse Electrical Corporation Hydroelectric Plant, East Pittsburgh Division of the Westinghouse Corporation, VFW Post #207, Turtle Creek Public High School, Turtle Creek Post Office, Alpha Evangelical Lutheran Church, Turtle Creek Public School, St. Colman s Catholic School, Linhart Works/Anker Industries, Hall s Locomotive Shop, Quinn Property, Synagogue Agudath Achim, Swedish Evangelical Lutheran Bethel Church, New Hope Baptist Church, Calvary Presbyterian Church, Deutsche Evangelical Lutheran Church, St. Brendan s Complex/Apartments, Second Avenue Bridge over Nine Mile Run, Homestead High Level Bridge, Pittsburgh and Lake Erie Railroad and Pennsylvania Railroad; and WHEREAS, FHWA has determined that the Project will have an adverse effect on McMasters Methodist Episcopal Church, United Presbyterian Church, Edgar Thompson Works/Carnegie Steel Company, Braddock Historic District, Braddock United Presbyterian Church, Clawson Houses, Hazelwood Historic District, Barker Property, D.L. Thomas Dry Goods, Pittsburgh Works of the Jones and Laughlin Steel Corporation, Union Railroad and Baltimore and Ohio Railroad; and WHEREAS, FHWA has consulted with the Pennsylvania Historic Preservation Officer (SHPO) in accordance with Section 106 of the National Historic Preservation Act; 16 U.S.C. 470 (NHPA), and its implementing regulations (36 CFR Part 800) to resolve the effects of the Project on historic properties; and

3 WHEREAS, because archaeological investigations have not been completed for the Project, FHWA has elected to comply with Section 106 of the National Historic Preservation Act 16 U.S.C. 470f through execution and implementation of a Programmatic Agreement (PA) pursuant to 36 CFR Part ; and WHEREAS, FHWA and the SHPO have invited the Pennsylvania Turnpike Commission (PTC) and the Pennsylvania Department of Transportation (PENNDOT) to participate in the consultation and to concur in this PA pursuant to 36 CFR Part 800.2(c); and WHEREAS, FHWA, has involved, and will continue to involve, the public and historic interest groups as stipulated under the National Environmental Policy Act (NEPA) of 1969, as amended, and Section 106 of the National Historic Preservation Act 16 U.S.C. 470f pursuant to 36 CFR 800.3; and NOW, THEREFORE, FHWA and the SHPO agree that upon FHWA s decision to proceed with the Project, FHWA shall ensure that the following stipulations are implemented in order to take into account the effects of the undertaking on historic properties: Stipulations FHWA shall ensure that the following actions will be carried out: 1. Archaeological Resources A. Identification/Evaluation PTC has investigated the potential for archaeological resources through a prehistoric and historic archaeological model (Archaeological Methodology Addendum, 2001). PTC has prepared a methodology for the identification and evaluation of prehistoric and historic archaeological resources within the APE for the Project (Archaeological Methodology, 1995). This methodology includes procedures for geomorphological studies to identify alluvial soils, for hazardous materials (HAZMAT) issues, and for the sampling of historic archaeological sites in urban contexts. When a Selected Alternative has been identified and prior to construction, PTC shall ensure that an archaeological survey is conducted for the APE, defined for archaeological resources as all areas of the project where ground disturbance will occur on the Selected Alternative. The archaeological survey will be conducted in a manner consistent with the Secretary of the Interior s Standards and Guidelines for Identification (48 FR ) and taking into account National Park Service s publication, The Archaeological Survey: Methods and Uses (1978:GPO stock # ) and the Bureau for Historic Preservation/Pennsylvania Historical and Museum Commission s Cultural Resource Management in Pennsylvania: Guidelines for Archaeological Investigations (July 1991). The archaeological survey will be conducted in accordance with the methodology referenced above. In those instances where intact archaeological sites are identified, the eligibility of the resources will be evaluated for listing in the National Register of Historic Places. A report on the findings of the survey will be submitted to FHWA, the SHPO, and any interested federally recognized Native American tribes for their review and comment. The review period will be thirty (30) days. B. Effect Determination/Mitigation If eligible archaeological resources are identified within the APE, PTC will make a reasonable effort to avoid these resources. If the eligible resources cannot be avoided PTC will apply the Criteria of Adverse Effect in accordance with 36 CFR Part If the project will have an

4 adverse effect on the resources, and if the resources are eligible chiefly under National Register Criterion D (36CFR Part 63) for the significant information in prehistory or history they are likely to yield through data recovery, PTC will ensure that a data recovery plan or a plan for alternative mitigation is developed in consultation with the SHPO. The data recovery plan will be consistent with the Secretary of the Interior s Standards and Guidelines for Archaeological Documentation (48 FR ) and also will take into account the Council s publication Recommended Approach for Consultation on Recovery of Significant Information on Archaeological Sites. The data recovery or alternative mitigation plan will be submitted to FHWA, the SHPO, and any interested federally recognized Native American tribes for their review and comment. The review period will be thirty (30) days. If archaeological resources are identified which are eligible under Criteria other than or in addition to Criterion D, PTC shall comply with 36 CFR Part C. Public Outreach If archaeological mitigation is necessary, PTC will prepare public participation and public information materials. The public participation may include tours for the public and school groups of the archaeological site(s) while the data recovery is in progress. The specific public outreach materials produced will be determined individually for each site for which data recovery is necessary and may include pamphlets, brochures, artifact displays, exhibits or booklets on the history of the project area. The public information materials will explain the purpose of the project, methods used to identify cultural resources, the results of data recovery, or alternative mitigation, and the significance of the excavations of eligible sites to the public. PTC will develop a proposal for the materials and will submit the proposal to FHWA, the SHPO and any interested federally recognized Native American tribes for their review and comment. The review period will be thirty (30) days. PTC will forward a draft of any public information materials to FHWA, the SHPO, and any interested federally recognized Native American tribes for their review and comment prior to the finalization of the materials. The review period will be thirty (30) days. D. Treatment of Human Remains/Grave-Associated Artifacts PTC shall ensure that any human remains and grave-associated artifacts encountered during the archaeological investigations or during construction are brought to the immediate attention of FHWA, the SHPO, the Council and any federally recognized Native American tribes that attach religious and/or cultural significance to the affected property. Notification will be within 24 hours of discovery. The SHPO will respond within one working day. No activities, which might disturb or damage the remains will be conducted until all parties have determined whether excavation is necessary and/or desirable. All procedures will follow guidance outlined in the National Park Service publication, National Register Bulletin 41 Guidelines for Evaluating and Registering Cemeteries and Burial Places (Washington D.C. 1992), the Native American Graves Protection and Repatriation Act of 1990 (PL ) and the Pennsylvania Historical and Museum Commission s Policy for the Treatment of Burials and Human Remains (1993). E. Documentation PTC shall ensure that all final archaeological reports and public information materials resulting from actions pursuant to this agreement will be provided to FHWA, the SHPO, and any interested federally recognized Native American tribes within two (2) years of completion of archaeological fieldwork. The reports will meet professional standards set forth by the De-

5 partment of the Interior s Format Standards for Final Reports of Data Recovery Program (42 FR ) and will be prepared in accordance with the Bureau for Historic Preservation/Pennsylvania Historical and Museum Commission s Cultural Resource Management in Pennsylvania: Guidelines for Archaeological Investigations (July 1991). F. Curation All records and materials resulting from the archaeological investigations will be curated in accordance with 36 CFR 79 and the curation guidelines of the Section of Archaeology, The State Museum of Pennsylvania, Pennsylvania Historical and Museum Commission developed by the Bureau for Historic Preservation/Pennsylvania Historical and Museum Commission (2003). PTC will ensure that all artifacts recovered from public lands and all resulting documentation are curated at the State Museum of Pennsylvania/Pennsylvania Historical and Museum Commission, Harrisburg. PTC will request a Deed of Gift from private property owners to release artifacts recovered from private property during the Project s archaeological investigations. PTC will be responsible for the curation fee of two hundred-fifty dollars ($250) per cubic foot. 2. Historic Structures, Buildings, and Districts A. Education Plan PTC will make funds available through a bid process to develop a Mon Valley Heritage Education Curriculum (Curriculum). The recipient of the funding must have a demonstrated expertise in the development of educational programs. Examples of materials that the Curriculum may include, but not be limited to, are portable exhibits, video production, lesson plans and a traveling trunk show. The Curriculum may focus on Braddock and Hazelwood industries and worker life or other Mon Valley historic themes. The Curriculum s components will be developed in consultation with the SHPO and appropriate consulting parties with an interest in historic preservation and public education. Within six (6) months of the signing of this Programmatic Agreement, the SHPO and PTC will meet to identify the appropriate consulting parties and begin development of a Request for Proposal that will outline the components of the Curriculum. The SHPO, PTC and consulting party(ies) will develop a schedule for the selection of the organization that will be awarded the contract to draft the Curriculum. After the PTC awards the contract, the SHPO, PTC, consulting party(ies) and the selected organization will meet to create a schedule for review periods, and meetings to finalize the Curriculum. B. Design Advisory Team PTC shall ensure that Design Advisory Teams (Teams) are established in Braddock/Rankin/ Swissvale, Turtle Creek and the Glenwood to Bates Street Area, which includes Hazelwood. The Teams may include city and municipal officials, county planning officials, citizens owning affected properties, and a representative from the consulting parties representing historic preservation interests who have been invited by FHWA to participate in the consultation for the Project. During final design the Teams will review and comment on plans for design elements such as railings, light standards, signage, retaining walls, pedestrian access and landscaping. FHWA will invite the SHPO to serve as a member of all Teams where cultural resource issues

6 are present. FHWA will provide the SHPO with a list of all meeting times and venues for the Team meetings. Should the SHPO be unable to attend scheduled meetings, the Teams recommendations, relating to the mitigation of effects to historic properties, will be submitted to the SHPO for a 30-day review and comment period. The SHPO will review the recommendations to ensure that they are compatible with the surrounding communities and that the plans are consistent with the Secretary of the Interior s Standards for Treatment of Historic Properties (U.S. Department of the Interior, National Park Service, 1992). PTC shall ensure that design elements meet current design criteria. C. Inventory and Salvage of Architectural Elements PTC shall ensure that an inventory of architectural elements is completed during the recordation of buildings and structures referenced in E. 2, F. 2, H. 1, and I.1 below. Prior to demolition of the buildings or structures, PTC shall ensure that the SHPO and/or other parties identified by the SHPO will have the opportunity to select architectural elements from the inventory for curation, reuse in new design, or for public education purposes. PTC shall ensure that the items selected are removed in a manner that minimizes damage and are delivered with legal title to the SHPO or other parties. D. Interim Protection PTC shall ensure that historic properties scheduled for treatment in accordance with E. 2, F. 2, H. 1, and I.1 below, are protected against damage until the measures cited in C. and the aforementioned stipulations are implemented. E. Braddock 1. Design Advisory Team The specific responsibility of the consulting party representative to the Braddock/Rankin/ Swissvale Design Advisory Team, as defined in Stipulation 2.B, will be to ensure that the following design features are included: 2. Recordation a) Maintain community connectivity through planning of local access roads and incorporating sidewalks on both sides of local streets b) Plan pedestrian connection with Carrie Blast Furnace through wide sidewalks at ramps (Talbot Avenue and Braddock Avenue) c) Incorporate compatible design elements for expressway through Braddock especially as it passes the United Presbyterian Church and the Carrie Furnace and Hot Metal Bridge d) Suggest landscaping for fill slopes consisting of trees and ground cover a) Clawson Houses PTC shall ensure that the Clawson Houses are documented to Pennsylvania state-level standards prior to demolition. The documentation will include photographic recordation consisting of exterior views. All documentation will be submitted to the SHPO for a 30-

7 F. Hazelwood day review and comment period. Copies of the final documentation for public use will be made available to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, Historical Society of Western Pennsylvania, and the Carnegie Free Library of Braddock. b) Edgar Thomson Works/ Carnegie Steel Company PTC shall ensure that the contributing industrial building at the Edgar Thomson Works/ Carnegie Steel Company is documented to Pennsylvania state-level standards prior to demolition. The documentation will include photographic recordation consisting of exterior views. All documentation will be submitted to the SHPO for a 30-day review and comment period. Copies of the final documentation for public use will be made available to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, Historical Society of Western Pennsylvania, and the Carnegie Free Library of Braddock. c) Braddock Historic District PTC shall ensure that the contributing components of the Braddock Historic District are documented to Pennsylvania state-level standards prior to demolition. The documentation will include photographic recordation and consist of streetscape views and individual buildings. PTC will identify buildings for individual recordation through consultation with the SHPO. All documentation will be submitted to the SHPO for a 30-day review and comment period. Copies of the final documentation for public use will be made available to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, Historical Society of Western Pennsylvania, and the Carnegie Free Library of Braddock. d) Specifications for Recordation PTC shall ensure that the photographic documentation of the properties referenced in E. 2.a., b., and c. above follows current standards established by the Pennsylvania Historical and Museum Commission. These standards include preparing archivally stable, 35mm black and white photographs printed in a 5 x 7 format, and each print labeled in pencil with the name and location of the historic property, date of photograph, and view shown. The photographs will be keyed to a site plan/map. 1. Design Advisory Team The specific responsibility of the consulting party representative to the Glenwood to Bates Street Design Advisory Team which includes Hazelwood, as defined in Stipulation 2.B, will be to ensure that the following design features are included: a) Maintain community connectivity through planning of local access roads and incorporating sidewalks on both sides of local streets

8 2. Recordation b) Plan pedestrian overpass at Melanchton Street with context sensitive design c) Incorporate compatible design elements for expressway through Hazelwood d) Suggest landscaping and aesthetic design treatments for the covers through Hazelwood a) Barker Property PTC shall ensure that the Barker Property is documented to Pennsylvania state-level standards prior to demolition. The documentation will include photographic recordation consisting of exterior views. All documentation will be submitted to the SHPO for a 30- day review and comment period. Copies of the final documentation for public use will be made available to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, the Carnegie Library of Pittsburgh - Hazelwood and the Historical Society of Western Pennsylvania. b) D.L. Thomas Dry Goods PTC shall ensure that the D.L. Thomas Dry Goods is documented to Pennsylvania statelevel standards prior to demolition. The documentation will include photographic recordation consisting of exterior views. All documentation will be submitted to the SHPO for a 30-day review and comment period. Copies of the final documentation for public use will be made available to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, the Carnegie Library of Pittsburgh - Hazelwood and the Historical Society of Western Pennsylvania. c) Pittsburgh Works of the Jones and Laughlin Steel Corporation PTC shall ensure that the contributing industrial buildings at the Pittsburgh Works of the Jones and Laughlin Steel Corporation are documented to Pennsylvania state-level standards prior to demolition. The documentation will include photographic recordation consisting of exterior views. All documentation will be submitted to the SHPO for a 30-day review and comment period. Copies of the final documentation for public use will be made available to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, the Carnegie Library of Pittsburgh - Hazelwood and the Historical Society of Western Pennsylvania. d) Hazelwood Historic District PTC shall ensure that the contributing components of the Hazelwood Historic District are documented to Pennsylvania state-level standards prior to demolition. The documentation will include photographic recordation and consist of streetscape views and individual buildings. PTC will identify buildings for individual recordation through consultation with the SHPO. All documentation will be submitted to the SHPO for a 30-day review and comment period. Copies of the final documentation for public use will be made available

9 G. Turtle Creek to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, the Carnegie Library of Pittsburgh - Hazelwood and the Historical Society of Western Pennsylvania. e) Specifications for Recordation PTC shall ensure that the photographic documentation of the properties referenced in F. 2.a., b., c., and d. above follows current standards established by the Pennsylvania Historical and Museum Commission. These standards include preparing archivally stable, 35mm black and white photographs printed in a 5 x 7 format, and each print labeled in pencil with the name and location of the historic property, date of photograph, and view shown. The photographs will be keyed to a site plan/map. 1. Design Advisory Team The specific responsibility of the consulting party representative to the Turtle Creek Design Advisory Team, as defined in 2.B above, will be to ensure the following design features are included: H. Union Railroad a) Maintain community connectivity through planning of local access roads and incorporating sidewalks on both sides of local streets b) Plan improvement in conjunction with community plans to re-orient civic core to focus on Grant Street c) Incorporate compatible design elements for expressway through Turtle Creek as it passes by historic properties impacted by the project, particularly McMasters Methodist Episcopal Church and United Presbyterian Church 1. PTC shall ensure that the Union Railroad s three contributing bridges and the original location of the operational track slated for relocation are documented to Pennsylvania statelevel standards prior to demolition or relocation. The documentation will include photographic recordation. All documentation will be submitted to the SHPO for a 30-day review and comment period. Copies of the final documentation for public use will be made available to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, Historical Society of Western Pennsylvania. 2. PTC shall ensure that the photographic documentation of the properties referenced in H. 1. above follows current standards established by the Pennsylvania Historical and Museum Commission. These standards include preparing archivally stable, 35mm black and white photographs printed in a 5 x 7 format, and each print labeled in pencil with the name and location of the historic property, date of photograph, and view shown. The photographs will be keyed to a site plan/map. I. Baltimore and Ohio Railroad 1. PTC shall ensure that the Baltimore and Ohio Railroad s three contributing structures and rail

10 sidings and the original location of the operational track slated for relocation are documented to Pennsylvania state-level standards prior to demolition or relocation. The documentation will include photographic recordation. All documentation will be submitted to the SHPO for a 30- day review and comment period. Copies of the final documentation for public use will be made available to the SHPO for curation at the State Archives and the Steel Industry Heritage Corporation, Pittsburgh History and Landmarks, Historical Society of Western Pennsylvania. 2. PTC shall ensure that the photographic documentation of the properties referenced in I.1. above follows current standards established by the Pennsylvania Historical and Museum Commission. These standards include preparing archivally stable, 35mm black and white photographs printed in a 5 x 7 format, and each print labeled in pencil with the name and location of the historic property, date of photograph, and view shown. The photographs will be keyed to a site plan/map. 3. Administrative Stipulations A. Personnel Qualifications All archaeological work carried out pursuant to this agreement will be by or under the direct supervision of a person or persons meeting at a minimum the Secretary of the Interior s Professional Qualification Standards for Archaeologists and all historic preservation work carried out pursuant to this agreement will be by or under the direct supervision of a person or persons meeting at a minimum the Secretary of the Interior s Professional Qualification Standards for Historic Preservation Professionals (61 CFR Appendix A). B. Late Discoveries If any unanticipated discoveries of historic properties or archaeological sites are encountered during the implementation of this undertaking, FHWA shall comply with 36 CFR by consulting with the SHPO and, if applicable, federally recognized Native American tribes that attach religious and/or cultural significance to the affected property; and by developing and implementing actions with the concurrence of the SHPO and, if applicable, federally recognized Native American tribes. C. Amendments Any signatory to this PA may propose to amend it by notifying the other signatories whereupon FHWA shall initiate consultation among the other signatories to this PA to consider such an amendment. 36 CFR 800.6(c)(7) shall govern the execution of any such amendment. D. Resolving Objections 1. Should any signatory to this PA object in writing to the other signatories regarding any action carried out or proposed with respect to the Project or implementation of this PA, FHWA shall initiate consultation with the objecting party to resolve the objection. If after initiating such consultation FHWA and the SHPO determines that the objection cannot be resolved through consultation, FHWA shall forward all documentation relevant to the objection to the Council,

11 including FHWA s proposed response to the objection. Within forty-five (45) days after receipt of all pertinent documentation, the Council, if not the objecting party, shall exercise one of the following options: a) Advise FHWA that the Council concurs in FHWA s proposed response to the objection, where-upon FHWA shall respond to the objection accordingly; b) Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or c) Notify FHWA that the objection will be referred to comment pursuant to 36 CFR Part 800.7, and proceed to refer the objection and comment. The resulting comment shall be taken into account by FHWA in accordance with 36 CFR Part 800.7(c)(4) and Part 110(1) of NHPA. 2. Should the Council not exercise one of the above options within forty-five (45) days after receipt of all pertinent documentation, FHWA may assume the Council s concurrence in its proposed response to the objection. 3. FHWA shall take into account any Council recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; FHWA s responsibility to carry out all actions under this PA that are not the subjects of the objection shall remain unchanged. E. Resolution of Objections by the Public At any time during implementation of the measures stipulated in this PA, should any objection pertaining to any such measure or its manner of this implementation be raised by a member of the public, FHWA shall notify the parties of this PA and take the objection into account consulting with the objector and, should the objector so request, with any of the parties to this PA to resolve the objection. F. Review of Implementation If the stipulations have not been implemented within seven years after the execution of this PA, the parties to this agreement shall review the PA to determine whether revisions are needed. If revisions are needed, the parties to this PA shall consult in accordance with 36 CFR Part 800 to make such revisions. G. Sunsetting Duration If the terms of this PA have not been implemented by ten years from the date of the signed PA, this PA shall be considered null and void. In such event, FHWA shall notify the parties to this PA, and if it chooses to continue with the Project, shall re-initiate review of the Project in accordance with 36 CFR Part 800.

12 H. Termination 1. If FHWA determines that it cannot implement the terms of this PA, or the SHPO, determines that the PA is not being properly implemented, FHWA or the SHPO may propose to the other parties to this PA that it be terminated. 2. The party proposing to terminate this PA shall so notify all parties to this PA, explaining the reasons for termination and affording them at least thirty (30) days to consult and seek alternatives to termination. The parties shall then consult. 3. Should such consultation fail, FHWA or the SHPO may terminate the PA by so notifying all parties in the following manner. 4. Should this PA be terminated, FHWA shall either: a) Consult in accordance with 36 CFR Part 800.6(a)(1) to develop a new PA; or b) Request the comments of the Council pursuant to 36 CFR Part 800.7(a)(1). The Council shall have forty-five (45) days to respond with comments. 5. FHWA and the Council may conclude the Section 106 process with a PA between them if the SHPO terminates consultation in accordance with 36 CFR Part 800.7(a)(2). Execution of this PA by FHWA and the SHPO and the implementation of its terms, evidence that FHWA has taken into account the effects of the Project on historic properties. FEDERAL HIGHWAY ADMINISTRATION By: Date: PENNSYLVANIA STATE HISTORIC PRESERVATION OFFICER By: Date: CONCUR:

13 PENNSYLVANIA TURNPIKE COMMISSION By: Date: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION By: Date:

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