11.04 - MOA Amend RE Pine River Depot

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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 still cause adverse effects to the Pine River Depot and the Brainerd and Northern Minnesota Railway Corridor; and WHEREAS; Mn /DOT has responsibilities to 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 Stipulations 1, 2, 3 and 5 of the original MOA shall be struck and replaced with: 1. Mn /DOT will perform all activities related to the Pine River Depot included in Attachments Al and B1 of Amendment 1 and will relocate the depot structure to the parcel of land described in Attachment C1 of Amendment 1. Prior to the relocation and exterior restoration, the architectural plans for such work will be submitted to both the Mn /DOT Cultural Resources Unit and MnSHPO for review and written concurrence.