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HomeMy WebLinkAbout99-074 - WA State Department of Archaeology - Protection of Historic and Archaeological Resources1 •• ACS �I- 07z MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUKWILA AND THE OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION WASHINGTON DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT Protection of Historic & Archaeological Resources WHEREAS the Office of Archaeology and Historic Preservation (OAHP) Washington Department of Community, Trade and Economic Development (DCTED), maintains records identifying the location and nature of archaeological and historic sites within the state; and WHEREAS such sites may be adversely affected by development, thereby depleting a non-renewable cultural resource; and WHEREAS the City of Tukwila ("Tukwila") can help protect Washington's historic and archaeological sites through planning and increased awareness of their location and existence NOW THEREFORE, the OAHP and Tukwila agree to the following terms: A. SHARING OF HISTORIC AND ARCHAEOLOGICAL SITE DATA 1 OAHP shall provide access to copies of all historic and archaeological site forms for the Tukwila planning area. 2. On a regular basis, but at least annually OAHP shall provide access to Tukwila in order to compile a listing of any new or updated site forms for the planning area. 3 OAHP shall offer assistance in regard to the selection of a cultural resource specialist (i.e archaeologist, historian, architectural historian, etc.) as may be required pursuant to Section C of this Memorandum of Understanding ("MOU") 4 Upon the request of Tukwila and within fifteen working days of receipt by OAHP OAHP will provide in writing an opinion as to whether properties, forty years of age or older are eligible for listing in the National Register of Historic Places. In the event that information provided to OAHP about a property is insufficient for reaching an opinion OAHP may request additional information This request for additional information shall extend the deadline for OAHP to respond an additional ten days following receipt of new information by OAHP 5 OAHP shall provide copies of technical -briefs, brochures, bulletins and any other materials addressing preservation planning issues to Tukwila. B SECURITY FOR ARCHAEOLOGICAL SITE INVENTORY DATA As archaeological properties are of a sensitive nature and as such sites are subject to vandalism and exempt from public disclosure, it is important that Tukwila provide security for site records indicating the location of known or suspected archaeological properties consistent with RCW 42.17 310 FAAPPS RFN\CT0518 2. RFN /MCS/05 1999//d1 -1- ORIGINAL • • 1 The archaeological site records copies from OAHP will be kept in a physically secure location with limited access. A log shall be maintained detailing the name of any individual accessing a record the date of access, and whether the record was copied All Tukwila permitting staff from any Department, shall be provided access. 2. The precise location of archaeological sites will be made known only to the owner of record or project proponent. 3 The security standards and methods will be no Tess than those adopted for protected natural species and habitats. C RESPONSE TO DEVELOPMENT ACTIVITY 1 When Tukwila receives a permit application for development activity within its shoreline jurisdiction and it appears that the proposed development activity will take place on a known archaeological site, Tukwila will require mitigation of possible impacts. 2. For archaeological sites, Tukwila will require the property owner or project proponent to engage a qualified archaeologist to investigate and report to Tukwila upon the location, condition extent of the site and any recommendations in regard to treatment. Such report shall include consultation with concerned tribes on proposed measures to avoid protect, or mitigate the impacts of the proposed project on the archaeological site. 3 Based on the information contained in the written report of the archaeologist, Tukwila will condition project approval in a manner to minimize impacts to the site. Avoidance and conservation of the site is the preferred treatment. 4 Tukwila will forward to OAHP and appropriate tribal officials copies of the written report or additional site forms prepared by the qualified archaeologist. 5 Tukwila will treat copies of any site-specific information generated as a result of this section in the manner specified in Section B above. 6 Tukwila shall require property owners or project proponents to immediately halt work if during actual construction human remains or archaeological resources are unexpectedly encountered. The project proponent shall be required to contact the appropriate Native American tribal organization(s) or other appropriate group Tukwila, and OAHP This contact shall initiate a consultation process for determining subsequent actions. D GENERAL PROVISIONS 1 Tukwila agrees to assign a staff member to be responsible for compliance with this agreement. Such staff member shall attend OAHP sponsored Cultural Resource Training Tukwila agrees to cover the staff member's costs associated with such training 2. Tukwila grants to OAHP the right to inspect, upon reasonable notice the provisions for the security of archeological site information 3 This MOU may be amended by the written mutual consent of all parties. 2 F:\APPS\MUNI\RFN\CT05 182.RFN/MCS/051999//d 1 • • 4 This MOU can be terminated by Tukwila or OAHP upon 30 days notice. Should the agreement be terminated, Tukwila shall retum to OAHP its copies of site forms and shall certify that location data has been permanently deleted from electronic storage systems. OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION By. Dated. 7//1//1--, CITY OF TUKWILA B I , Dated. G -C. 3- 9 -3 FAAPPS 182. RFN/MCS/05 1999//d 1