05.03 - Highway 371 - Laserfiche WebLink

Home Browse Search

\.. AMENDMENT 1 to the SECTION 106 MEMORANDUM OF AGREEMENT (MOA) AMONG THE FEDERAL HIGHWAY ADMINISTRATION (FHWA), THE DEPARTMENT OF THE ARMY, ST.PAUL DISTRICT CORPS OF ENGINEERS (USCOE), THE MINNESOTA STATE HISTORIC PRESERVATION OFFICE (MnSHPO), AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION (Mn /DOT) Regarding The reconstruction of Trunk Highway 371 State Project No. 1116 -22 WHEREAS, since the execution of the original Section 106 Memorandum of Agreement (MOA) in 2005, it has taken more time than allowed in the original MOA to execute the terms of the agreement and the original MOA has expired; and WHEREAS, the original signatories remain committed to the fulfillment of the terms of the original MOA; and WHEREAS, since the execution of the original MOA, a new Highway 371 alignment (Alternative 3MOD) has been identified and selected as the preferred alternative; and WHEREAS, the new alignment will have an adverse effect on the Pequot Fire Lookout Tower by altering the rural setting of this resource eligible for listing on the National Register of Historic Places; and WHEREAS; the new preferred alignment will cause adverse effects to the Pine River Depot Brainerd and Northern Minnesota Railway Corridor; and WHEREAS; Mn /DOT has responsibilities under this MOA to mitigate the effects caused to the afore mentioned resources; NOW THEREFORE, the parties agree that, upon execution of this agreement, FHWA shall ensure that the following stipulations are implemented in order to take account of the effects of the undertaking on historic properties and to satisfy the FHWA's Section 106 responsibilities for the project. STIPULATIONS Stipulation 1 of the original MOA dated 1/07/05 remains unchanged. The activities included in the Phase I (Re location) scope of work identified in Stipulation 1 have been completed. Stipulation 2 of the original MOA dated 1/07/05 shall be struck and replaced with: 2. Mn /DOT in cooperation with Cass County, the City of Pine River, and Heritage Group North will complete the activities included in the Phase II (Restoration /Rehabilitation) scope of work for the Pine River Depot as detailed in Attachment B. Mn /DOT will retain the building and permanent easement described in Attachment D -1 until a party or parties able to maintain the building consistent with the Secretary of Interior's Standards for the Treatment of Historic Properties can be identified. Once identified, Mn /DOT will convey all legal rights to that party. The activities included in the Phase 11 (Rehabilitation) scope of work identified in Stipulation 2, Attachment B have been substantially completed. Minor touch up work will be completed Spring 2010.