Mou/Moa - 2023 - Historical Imagery Viewing Machines Or Monetary Contribution - 8/9/2023MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS
IDAHO LOCK and BOLT, LLC, AND
THE IDAHO STATE HISTORIC PRESERVATION OFFICE
REGARDING THE IDAHO LOCK AND BOLT PROJECT
ADA COUNTY, IDAHO
WHEREAS, the U.S. Army Corps of Engineers (USACE) has determined that the Idaho Lock and Bolt,
LLC, Idaho Lock and Bolt Project in Ada County, Idaho (hereinafter the "undertaking"), which is
described in Attachment A to this Memorandum of Agreement (MOA), will have an adverse effect on
the Eagle Drain (IHSI 01-23171), a property determined to be eligible for inclusion in the National
Register of Historic Places (NRHP); and
WHEREAS, the USACE has consulted with the Idaho State Historic Preservation Officer (SHPO)
pursuant to 36 CFR Part 800 regulations implementing Section 106 of the National Historic
Preservation Act (54 U.S.C. § 306108), and notified the Advisory Council on Historic Preservation
(ACHP) of the adverse effect finding with specified documentation and the ACHP has chosen not to
participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii); and
WHEREAS, the USACE, in consultation with the SHPO, has determined that the undertaking's
adverse effects cannot be avoided, and that implementation of the treatments set forth in Stipulation
II of this MOA will satisfactorily take into account the undertaking's adverse effects on the historic
property; and
WHEREAS, the USACE, the SHPO, and the Idaho Lock and Bolt LLC, have agreed to be signatories
to the MOA, and
WHEREAS, the City of Eagle (City) has agreed to be a recipient of the mitigation measures outlined
in Section II, and the USACE has invited them to sign this MOA as an invited signatory, and
NOW, THEREFORE, the USACE and the SHPO agree that the undertaking shall be implemented in
accordance with the following stipulations in order to take into account the effects of the undertaking
on historic properties, and further agree that these stipulations shall govern the undertaking and all of
its parts until this MOA expires or is terminated.
STIPULATIONS
The USACE shall ensure that one of the following stipulations are carried out, with Option A being
the preferred mitigation.
I. Definitions
The definitions provided at 36 CFR § 800.16 are applicable throughout this MOA.
II. Treatment of the Historic Property
As mitigation for the adverse effects resulting from this project, Idaho Lock and Bolt LLC will complete
one of the following mitigation options with preference to Mitigation Option A:
Mitigation Option A: Idaho Lock and Bolt LLC will re-imburse the City up to $10,000 for the
development, manufacturing and placement of historical imagery viewing machines. The City
will be the recipient of the viewers to place within their jurisdiction.
• The City will be responsible for developing the imagery to be included in each viewer,
securing the location for installation, and any future maintenance of the viewers.
Page 1 of 8
• The physical viewers shall be purchased by the City no later than 12 months from the
date the last signatory executes this MOA.
• Draft products to include selected locations, and imagery shall be submitted to the
SHPO for approval, not later than 24 months from the date the last signatory executes
this MOA. The Corps shall be notified upon submission to the SHPO.
Mitigation Option B: Idaho Lock and Bolt LLC will contribute $10,000 to the City of Eagle for
deferred maintenance or rehabilitation of the Jackson Orville and Floy House (NRHP Ref#
82000213), a National Register Listed Property. Maintenance or rehabilitation activities will be
based on the recommendations provided in the forthcoming Historic Structures Report. Work
proposed must meet the Secretary of the Interior's Standards for rehabilitation, and all plans
will be reviewed by the SHPO prior to implementation or work proceeding on the property.
Monies will be submitted to the City no later than 12 months from the date the last signatory
executes this MOA. The Corps shall be notified upon submission to the to the City of Eagle.
III. Administrative Provisions
A. Confidentiality
The parties to this MOA acknowledge that historic properties covered by this MOA are subject
to the provisions of Section 304 of the National Historic Preservation Act of 1966 relating to
the disclosure of site information and, having so acknowledged, will ensure that all actions and
documentation prescribed by this MOA are consistent with Section 304 of the National Historic
Preservation Act of 1966.
B. Resolving Objections
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, USACE shall consult
with such party to resolve the objection. If the USACE determines that such objection cannot
be resolved, the USACE will:
1. Forward all documentation relevant to the dispute, including the USACE's proposed
resolution, to the ACHP. The ACHP shall provide the USACE 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, USACE shall prepare a written
response that takes into account any timely advice or comments regarding the dispute
from the ACHP, signatories, and concurring parties, and provide them with a copy of
the USACE's written response. USACE will then proceed according to its final
decision.
2. If the ACHP does not provide its advice regarding the dispute within the thirty (30)
day time period, USACE may make a final decision on the dispute and proceed
accordingly. Prior to reaching such a final decision, USACE 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 ACHP with
a copy of such written response.
C. Amendments
If a signatory determines the terms of the MOA cannot be met or that a change is necessary
to meet the requirements of the law, that signatory will immediately request that the consulting
parties consider an amendment or addendum. Any necessary amendment or addendum will
be executed as defined in the 36 CFR 800 regulations. 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 a copy signed by all of the signatories is filed with the ACHP.
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D. Termination
If any signatory determines that the terms of this MOA cannot be or are not being carried out,
the signatories shall consult to seek amendment of the agreement. If within thirty (30) days (or
another time period agreed to by all signatories) an amendment cannot be reached, any
signatory may terminate the MOA upon written notification to the other signatories. Once the
MOA is terminated, and prior to work continuing on the undertaking, USACE 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. USACE shall notify the signatories as
to the course of action it will pursue.
E. Effective Period
This MOA shall be effective upon its execution by the last signatory and shall remain in effect,
unless terminated, suspended, or amended, for a period of five (5) years.
EXECUTION of this MOA by the USACE and the SHPO, its transmittal to the ACHP in accordance
with 36 CFR §800.6(b)(1)(iv), and subsequent implementation of its terms, shall evidence, pursuant
to 36 CFR §800.6(c), that this MOA is an agreement with the ACHP for purposes of Section 110(1) of
the National Historic Preservation Act of 1966, and shall further evidence that the USACE has afforded
the ACHP an opportunity to comment on the undertaking and its effects on historic properties, and
that the USACE has taken into account the effects of the undertaking on historic properties.
Page 3 of 8
MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS
IDAHO LOCK AND BOLT LLC, AND
THE IDAHO STATE HISTORIC PRESERVATION OFFICE
REGARDING THE IDAHO LOCK AND BOLT PROJECT
ADA COUNTY, IDAHO
SIGNATORY:
U.S. ARMY CORPS OF ENGINEERS
BY:
u/tifreoltk
August 9, 2023
Kell J. Urbanek, Chief Regulatory Division (Date)
Page 4of8
SIGNATORY:
IDAHO STAT
BY:
MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS
IDAHO LOCK AND BOLT LLC, AND
THE IDAHO STATE HISTORIC PRESERVATION OFFICE
REGARDING THE IDAHO LOCK AND BOLT PROJECT
ADA COUNTY, IDAHO
Tricia Canaday, Deputy
VATION OFFICE
Page 5 of 8
(Date)
MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS
IDAHO LOCK AND BOLT, LLC AND
THE IDAHO STATE HISTORIC PRESERVATION OFFICE
REGARDING THE IDAHO LOCK AND BOLT PROJECT
ADA COUNTY, IDAHO
INVITED SIGNATORY:
THE CITY OF EAGLE
BY:
Jass ''}fierce, Mayor
Page 7 of 8
(Date)
MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS
IDAHO LOCK AND BOLT LLC, AND
THE IDAHO STATE HISTORIC PRESERVATION OFFICE
REGARDING THE IDAHO LOCK AND BOLT PROJECT
ADA COUNTY, IDAHO
SIGNATORY:
IDAHO LOCK AND BOLT, LLC
BY:
Stefan Gleason, President
Page 6 of 8
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(Date)
Attachment A
A description of the undertaking, specifying the Federal involvement:
Idaho Lock and Bolt LLC, proposes to tile portions of the Eagle Drain. The purpose of the project is to
develop the property for commercial use. The proposed project required authorization from the U.S.
Army Corps of Engineers, pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). This
project has been assigned Department of Army (DA) number NWW-2022-00394. The work specifically
entails the tiling of approximately 648 LF of open earthen drain utilizing 103" x 71" anodized aluminum
arch pipe with cast in place GIRR boxes. The drain will be tiled with construction methods of similar
projects in the vicinity and will require the use of heavy equipment (excavators, graders, dump trucks,
and other various large equipment items) for excavation, placing the pipe, placement of backfill and
compaction of backfill.
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CITY OF EAGLE
660 E. Civic Lane
PO BOX 1520
EAGLE ID 83616
Receipt No: 2.010592
Idaho Lock & Bolt LLC
Previous Balance:
CHARGES FOR SERVICES
MOA Mitigation Payment
Option B for Jackson
House maint/repairs
Total:
CHECK
Check No: 11285
Payor:
Idaho Lock & Bolt LLC
Total Applied:
Change Tendered:
(208) 939-6813
Oct 3, 2024
.00
10,000.00
10,000.00
10,000.00
10,000.00
.00
10/03/2024 9:38 AM
Idaho Lock & Bolt, LLC
P.O. Box 2599
Eagle ID 83616
(800) 800-1865
-PAY TO THE
ORDER OF City of Eagle
Ten Thousand and 00/100*******
City of Eagle
PO Box 1520
Eagle, ID 83616
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