HomeMy WebLinkAboutUnited States Army Corps of Engineers MC Contract#20-021
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant, Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS ANIC
0
THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER •
SUBJECT: National Historic Preservation Act Section 106 Memorandum of Agreement for
Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,
Shelton, Mason County, Washington, U.S. Army Corps of Engineers, Corps Reference Number
USACE NWS-2018-570.
1. WHEREAS,the U.S.Army Corps of Engineers (Corps), Seattle District Regulatory Branch
received a Department of Army(DA) permit application from the Olympia Oyster Company
(OOC) associated with the Shelton Oyster Shucking Plant Replacement Project(the Project)
located on private land in Shelton at 1042 SE Bloomfield Road, at Sec`21, T19N, RO3W,
Summit Lake USGS 7.5' quadrangle,Mason County, Washington;and
2. WHEREAS,the Corps is the only Federal agency involved in the undertaking and a
Department of the Army permit, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, would be required from the Corps to conduct activities
related to the construction of the undertaking; and ;-
3. WHEREAS, the Corps' issuance of such a permit is subject to review under Section 106 of the
National Historic Preservation Act, 54 U.S.C. 306108 (NHPA); and
r.
4. WHEREAS, proposed project involves the demolition and replacement of the historic 1954
Shelton Oyster Shucking Plant, construction of two additional pier, ramp, and float systems,
replacement of an existing bulkhead, and the extension of a breakwater,removing the existing
overwater structures, removing concrete and creosote debris, and removing a"grid" structure and
placing beach nourishment;'and
•
5. WHEREAS, the area of potential effects (APE) includes all areas of permitted in-water
activity, including up land areas where work is directly associated, integrally related, and would
not occur but for the in-water authorized activity associated with the DA permit,which includes
the entire construction footprint of the project; and
6. WHEREAS, a report has been prepared identifying known and potential historic properties
associated with the Undertaking,titled: Cultural Resources Assessment for the Shelton Oyster
Shucking Plant Project, Mason County, WA, dated May 31, 2018 and by Corps' letters to SHPO
dated May 29, 2019, and SHPO's response letter dated May 29, 2019, and these documents are
incorporated into this MOA by reference; and
7. WHEREAS,the Corps identified one historic property within the APE,the 1954 Shelton
Oyster Shucking Plant(Property No. 715648); and
Page 1 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant, Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
8. WHEREAS, the Washington State Department of Archaeology&Historic Preservation
(DAHP), known as the Washington State Historic Preservation Officer (SHPO), concurs
::that the 1954 Shelton Oyster Shucking Plant is a National Register of Historic Places (NRHP)-
eligible historic property; and
9. WHEREAS, the Project would have ari adverse effect on the 1954 Shelton Oyster Shucking
Plant; and
10. WHEREAS, background research and archaeological survey did not reveal the presence of
any archaeological materials; and
11. WHEREAS, in addition to OOC and SHPO, the Corps notified the Confederated Tribes of
the Chehalis Reservation,the Squaxin Island Tribe(SIT), the Port Gamble S'Klallam Tribe, the
Skokomish Tribe,the Suquamish Tribe,Mason County(MCHPC),Mason County Historical
Society,North Bay Historical Society(NBHS), and the Washington Trust for Historic
Preservation (WTHP) about this Project; and
12. WHEREAS,the SHPO, OOC, SIT,MCHPC,NBHS, and the WTHP expressed a desire to
consult on this Section 106 MOA, and are hereafter referred to as"the Consulting Parties"; and
13. WHEREAS, the Corps notified the Advisory Council on Historic Preservation(Council) of
its adverse effect determination and the Council has not opted to participate in the consultation;
and
14. WHEREAS, because of its role and responsibilities as the applicant for the DA permit,the
Corps has invited OOC to sign this MOA as an invited signatory; and
15. WHEREAS, based on their stated interest, the Corps has invited MCHPC,NBHS, and
WTHP to sign this MOA as concurring parties; and
16. WHEREAS, the Corps has consulted with the Consulting Parties in accordance with Section
106 of the NHPA to resolve the adverse effects of the undertaking on historic properties;
NOW, THEREFORE,the Corps and SHPO (collectively the "Parties" and individually the
"Party") agree that should the undertaking move forward to construction,the following Corps-
enforced stipulations shall resolve adverse effects to historic properties associated with the
undertaking, and that these stipulations shall govern the Project and all of its parts unless this
MOA expires or is terminated.
Stipulations
The Corps shall ensure that the following stipulations are implemented:
I. Sargent Oyster Company Oyster Processing House. The Sargent Oyster Company Oyster
Processing House(SOCOPH) is a NRHP-eligible building, relocated to Port of Allyn land, in
Page 2 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant, Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
the process of being rehabilitated by the NBHS for the purpose of turning it into a museum
showcasing the regional oyster industry. Prior to initiating demolition of the Shelton Oyster
Shucking Plant, OOC will provide$40,000 to the NBHS to be used for the historic benefit
(e.g., Preservation, Rehabilitation,Restoration, Reconstruction, Documentation, Outreach,
Operation, etc.) of the SOCOPH. OOC will transfer agreed-upon funds to the NBHS to
administer. OOC's responsibility under this Stipulation will be complete once the agreed-
upon funding has been transferred and the Corps receives confirmation from OOC and
NBHS.NBHS has agreed to provide the SHPO an opportunity to review and approve any
and all preservation, rehabilitation, restoration, reconstruction, and documentation plans,
drawings, and specifications associated with the$40,000 funding provided by OOC before
implementation.
II. On-line Essay. Prior to demolition of the Shelton Oyster Shucking Plant, OOC will
commission a new on-line essay regarding the history of the OOC on HistoryLink
(http://www.historylink.org/) or a suitable alternative approved by the Corps and DAHP. The
essay will be a feature article/essay and accompanied by photographs, and/or images that
serve to illustrate the text. The SHPO and other interested consulting parties shall be afforded
an opportunity to review and comment on the draft essay, but final editorial control rests with
the organization contracted with to produce the essay. OOC's responsibility under this
Stipulation will be complete when it notifies the Consulting Parties by email and provide a
link to the material after it is online and available for public viewing.
III. Donation of Memorabilia. OOC, in consultation with and as agreed-upon by the NBHS, shall
implement a donation of surplus antique oyster industry equipment and other related
memorabilia to the NBHS for the purposes of expanding their collection of archival material
suitable for display and interpretation at the SOCOPH Museum. These items will help the
museum to interpret the through-put of the oyster industry from propagation,harvest, and
distribution. OOC will make a list of the items accepted by and donated to NBHS and email
it to the Consulting Parties. OOC's responsibility under this Stipulation will be complete
once the surplus equipment and memorabilia has been transferred and the Corps receives
confirmation from OOC and the NBHS.
IV.DAHP Documentation. Within one year of the DA permit issuance date and in consultation
with the SHPO and other interested consulting parties, OOC shall provide the SHPO with a
DAHP Level II Mitigation Documentation(see
https://dahp.wa.gov/sites/default/files/DAHP MitigationDocumentationStandards.pdf) as a
permanent record of the 1954 Shelton Oyster Shucking Plant. The documentation shall be
prepared by a cultural resource professional meeting NPS Professional Qualifications
Standards in the Architectural History or History areas of expertise. The final product shall
incorporate all elements as defined by the Level II Mitigation Documentation Requirements
(referenced above) and in consultation with the SHPO. Specific topics/research questions to
be addressed in the documentation shall include, but not be limited to, OOC association with
architects Wohleb and Wohleb; changes and additions to the building over time; as well as
how the company's business practice and production process shaped the building's design
and changes. OOC shall email to the SHPO and other interested Consulting Parties at least
Page 3 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
one draft of the documentation(in Microsoft Word format)to review. OOC shall revise the
draft digital copy in consideration of the comments received on the draft(s). After final
approval by SHPO, OOC will email the Consulting Parties a digital PDF copy and upload it
to WISAARD.
V. Public Presentation. In consultation with the SHPO and other interested and appropriate
parties, OOC shall plan, coordinate, advertise, and implement at least two public
presentations on a topic(s) related to the history of the Washington State oyster industry. The
presentation(s) shall be given by qualified individual(s)with expertise in engineering history,
architectural history,historic preservation planning, and/or other closely related fields. The
presentation(s) shall be given at location(s),time(s)and date(s)that will maximize public
participation. The Mason County Historical Society and the Olympia Historical Society have
expressed an interested in hosting the presentation. The Corps, SHPO and other interested
parties shall be afforded an opportunity to preview the presentation and be notified and
invited to attend.
VI.Yearly Status Updates. At least once a year, from the date of the DA permit issuance date,
OOC will email a yearly status update to the Consulting Parties detailing the current status of
any incomplete Stipulation,which will include any scheduling changes proposed, any
problems encountered, and any disputes and objections.
•
VII.Administrative Stipulations
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 Corps shall
consult with such party to resolve the objection. If the Corps determines that such
objection cannot be resolved, the Corps will:
1) Forward all documentation relevant to the dispute, including the Corps' proposed
resolution,to the Council. The Council 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 Council, signatories and concurring parties, and
provide them with a copy of this written response. The Corps will then proceed
according to its final decision.
2) If the Council 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 Council with a copy of such written response.
Page 4 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant, Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-20 18-570.
3) The Corps' responsibility to carry out all other actions subject to the terms of this
MOA that are not the subject of the dispute remain unchanged.
b. At any time during implementation of the measures stipulated in this MOA, should an
objection to any such measure or its manner of implementation be raised by a member of
the public regarding historic preservation,the Corps shall take the objection into account
and consult as needed with the objecting party,the SHPO, or the Council to determine
how best to address the objection.
c. The contact information for each signatory to this MOA may be updated,which shall not
be considered an amendment to this MOA. An electronic message(email) exchanged
among the contacts, indicating the updated information, shall be sufficient provided the
signature authority for each Party is included in such communication.
d. If the terms of this agreement have not been implemented within five years of the DA
permit issuance date,this agreement shall be considered null and void, unless the
signatories agree in writing to an extension for carrying out its terms. If this agreement is
considered null and void, the Corps shall so notify the parties to this agreement, and if
OOC chooses to continue with the undertaking, shall re-initiate review of the
undertaking.
e. Any signatory to this agreement may propose to the Corps that the agreement be
amended, whereupon the Corps shall consult with the other parties to this agreement to
consider such an amendment. This MOA will be amended when such an amendment is
agreed to in writing by all signatories. The amendment will be filed with the Council and
go into effect on the date of the last signature from signatories.
f. If the Corps determines that it cannot implement the terms of this agreement, or if any
signatory determines that the agreement is not being properly implemented, such party
may propose to the other parties to this agreement that it be terminated. The party
proposing to terminate this agreement shall so notify all parties to this agreement,
explaining the reasons for termination and affording them at least 30 days to consult and
seek alternatives to termination. The parties shall then consult. Should such consultation
fail, the Corps or other signatory party may terminate the agreement by so notifying all
parties. Should this agreement be terminated, the Corps shall either: (1)consult to
develop a new MOA; or (2)request the comments of the Council.
g. Execution(signature) of this MOA by the Corps and SHPO and implementation of its
terms evidence that the Corps has taken into account the effects of this undertaking on
historic properties and afforded the Council an opportunity to comment.
Page 5 of 11
National.Historic Preservation Act Section 106.Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
SIGNATORY PARTY
U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT
Date:
Mark A.Geraldi
Colonel,Corps. of Engineers'
District Commander
Contact Information:
Lance Lundquist
Cultural Resources Program Manager
•Regulatory.Branch.
US Army Corp of Engineers, Seattle District
P.O. Box 3755
Seattle WA 98124
Voice:(206)764-6909
Email:Cultural.Resources@usace.armymil
Note:Signatures continued on next page.
Page 6 of 1:1
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the,
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
SIGNATORY PARTY
WASHINGTON STATE HISTORIC PRESERVATION OFFICER
Date:
2,./I
Allyson Brooks,Ph.D. •
State Historic Preservation Officer
Contact Information:
Greg Griffith
Department of Archaeology and Historic Preservation
Post Office Box 48343c
Olympia,Washington 98504-8343
Voice: (360) 586-3073
E-mail: Greg.Griffith@DAHP.WA.GOV
Note: Signatures continued on next page.
Page 7 of 11
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
INVITED SIGNATORY PARTY
OLYMPIA OYSTER COMPANY
Date: `'/r , (7
Tim McMillin
Olympia Oyster Co.
Contact Information:
Tim McMillin
Olympia Oyster Co.
1042 S.E. Bloomfield Rd.
Shelton, WA 98584
Voice: (360)426-3354
Email: tbm@olympiaoyster.com
Note: Signatures continued on next page.
Page 8 of 11
{
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-2018-570.
CONCURRING PARTY
MASON COUNTY HISTORIC PRESERVATION COMMISSION
Date: 20 02-c2
Sharon Trask
Mason County Board of Commissioners
411 N 5th St.
Shelton,WA 98584
Contact Information:
Michael MacSems
Mason County Historic Preservation.Commission
615 W Alder St.
Shelton,WA 98584
Voice: (360)427-9670 ext. 571
E-mail:Mms@co.mason.wa.us
Note: Signatures continued on next page.
Page 9 of 11
National Historic Preservation Act Section 106 Mcinorandum of Agreement.for Resolution of Adverse Effects to the
Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps
of Engineers,Corps Reference Number USACE NWS-201 8-570.
CONCURRING PARTY
NORTH BAY HISTORICAL SOCIETY
•
Date:
Bonnie Knight
President
Contact Information:
Bonnie Knight,President
North I3ay Historical Society
P.O.Box 1313
Allyn,WA 98524
Voice: (360) 801-1064
E-mail: bknighthome@aol.com
Note: Signatures continued on next page.
Page 10 of 11
•
National Historic Preservation Act Section 106:Memorandum of Agreement for Resolution of Adverse Effects to the •
Olympia Oyster Company Shelton Oyster Shucking,Plant,Shelton,Mason County,Washington,U,S.Army Corps
of Engineers,Corps Reference Nt rt ber USACE NWS=2018-570. •
•
•
CONCURRING PARTY
WASHINGTON TRUST FOR HISTORIC PRESERVATION
•
Date •
Chris Moore •
Executive Director
•
•
Contact Information:
•
•
Jennifer Mortensen,Preservation Services Coordinator
Washington Trust for'.Historic Preservation
Stimson-Green Mansion
1204 Minor.Avenue
Seattle, Washington 98101 •
Voice: (206)624-9449
E-mail:jortensen@preservewa.org
Note:End of signature pages
•
•
•
•
Page 11 of 11