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HomeMy WebLinkAbout5.860 Original Contract 5.8t..PD STATE OF WASHINGTON DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION 1063 S. Capitol Way, Suite 106 . Olympia, Washington 98501 Mailing address: PO Box 48343 · Olympia, Washington 98504-8343 (360) 586-3065 · Fax Number (360) 586-3067 · Website: www.dahp.wa.gov December 21, 2007 Derek Beery Archaeologist City of Port Angeles 321 E. 5th St. Port Angeles, WA 98362 re: Data sharing MOU Dear Mr. Beery: Enclosed please find your copy of the signed data sharing Memorandum of Understanding for your files. Please send us a polygon shapefile with the City's boundaries and the UGA boundaries. When we receive the shapefile, we can then send your data disks under separate cover. If you have any questions or concerns, please do not hesitate to contact me at (360) 586-3083 or by email at Stephenie.Kramer@dahp.wa.Qov. We look forward to working with you to protect Washington's heritage resources. Steph nie Kramer Assist nt State Archaeologist (360) 586-3083 Email: Stephenie.Kramer@dahp.wa.Qov Enclosure PARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION Protect the Past, Shape the Future 5. &UJO MEMORANDUM OF UNDERSTANDING Between the Washington State Department of Archaeology and Historic Preservation and City of Port Angeles I. Purpose The purpose of this memorandum is to set forth the understanding between the Washington State Department of Archaeology and Historic Preservation (DAHP) and the City of Port Angeles (City of PA) relating to the sharing of archaeological and historic data. This memorandum is intended to promote intergovernmental coordination and may be terminated upon notice by either party. II. Policy DAHP maintains records identifying the location and nature of archaeological and historic sites within the state. City of PA evaluates permit applications for their impact on cultural and historic resources in accordance with state and federal law. Access to DAHP records would assist the City of PA to comply with the permit review process. In order to hold such records on site, DAHP requires that City of PA provide the security necessary to maintain the confidentiality of these records. III. Sharing of Historic and Archaeological Site Data A. DAHP shall provide City of PA with access to all historic and archaeological site forms for sites within City and the Port Angeles Urban Growth Area (PAUGA), and shall copy, or permit City of PA to copy, all such site forms for retention in City of PA. B. On a regular basis, but at least annually, DAHP shall provide access for City of PA to compile a list of any new or updated site forms for sites within City of PA and PAUGA and to copy, or permit City of PA to copy, all such site forms. C. The City of PA will forward to DAHP, upon request, copies of written reports or site forms prepared by their staff members or other professional archaeologists for sites within the jurisdiction of the City of PA. D. DAHP shall provide, upon request, copies to City of PA of technical briefs, brochures, bulletins, and any other materials addressing preservation planning issues. IV. 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 consistent with RCW 42.56.300, City of PA shall provide security for site records indicating the location of known or suspected archaeological properties. A. The archaeological site records copied from DAHP or generated from new site reviews shall be kept in a locked, secure location with limited access. A log shall be kept of all persons accessing the record, of records copied, and for whom. B. The precise location shall be made known on as as-needed basis only to the property owner of record and to the Tribal Cultural Resources Manager or Tribal Chairperson of Indian Tribes with cultural connections to the area. C. DAHP will transmit the data to City of PA on compact disks. When new disks are received, or when the data becomes outdated, City of PA will destroy the disks in the following manner: On-site Compact Disc/Credit Card Shredder. D. Upon reasonable notice, City of PA shall allow DAHP to inspect the security provisions for information received from DAHP. V. GIS Data Sharing A. On a semi-annual basis, DAHP agrees to allow City of PA access to its GIS database records. DAHP shall provide the City of PA with a GIS data layer comprising archaeological sites, surveyed properties, National and Washington Heritage Register Properties, archaeological districts, National Register Districts in City and the PAUGA , including compliant metadata. This data layer is to be in a SHAPE file format, Washington State Plane, South Zone NAD 83 HARN. DAHPwill only provide DAHP data, and does not provide third party data, such as base map layers. B. City of PA will forward to DAHP data, maps and models generated by their GIS systems regarding archaeological sites and resources, when they become available. City of PA will provide a GIS parcel layer with parcel numbers and landowner names to DAHP to aid DAHP in digitizing and mapping archaeological surveys. City of PA will also provide a GIS layer of cemetery districts, if available. The City of PA will provide DAHP with SHAPE files of the areas for which data is needed and a projection file (.prj) and compliant metadata. C. Upon development of the City of PA Predictive Model, the City's planning and review processes regarding cultural resources may be reevaluated to utilize the predictive model. The City will consult with DAHP to establish a process by which the model can be incorporated into land use planning actions. D. Until the creation of the predictive model, use of DAHP GIS data is limited to design, planning, development and operations functions and does not preclude the need for field surveys for cultural resources in areas where such surveys have not been conducted in the recent past, or where previous surveys have not met current professional standards. E. DAHP and City of PA recognize other parties may perform the available site and survey work and thus the resulting data accuracy and reliability may be variable. City of PA is also aware that tribes do not always share all cultural resource information with DAHP. Therefore, DAHP may inadvertently show false negatives in their database, particularly with regard to traditional use properties. F. City of PA agrees to implement institutional protocols and computer security measures which will limit access to the DAHP data. These data will be secured on the City of PA servers so that access is limited to specific users, including the Archaeologist, Community and Economic Development Deputy Director, and the City Manager (and including the IT department who maintain access to all secure servers). The individuals with access to these data are listed in Appendix A. When these individuals change, or annually, City of PA will notify DAHP of new or deleted users via an email. At no time will City of PA make this electronic data system available to the public or redistribute it to a third party. These data will not be transmitted via email or other electronic methods. G. City of PA will not sell, give, loan, lease or otherwise transfer title, possession, or allow access or use of any of these data by any person, firm, corporation or association without prior written approval of DAHP. These data cannot be bargained, exchanged, donated, sold, placed on the Internet, or otherwise reproduced. Any reproduction of these data that results in a financial gain is strictly prohibited. H. Inquires regarding the existence of cultural sites should be responded to in accordance with RCW 42.56.300. I. City of PA agrees to provide any surveyor historic property data stored on their GIS systems to the DAHP twice yearly or as project review and comment periods necessitate more timely faster data transfers. VI. Response to Development Activity A. Prior to the finalization of the predictive model for the City of PA, when development activity is proposed within the polygon of a known archaeological or historic site, the City of PA will require the project proponent to engage a professional archaeologist to investigate and report to the City of PA and DAHP the location, condition, and extent of the site; impacts associated with the proposal; and any recommended mitigation necessary. The City of PA shall inform DAHP of the permit application. B. When a development activity subject to SEPA or the Shoreline Management Act is proposed on or within the polygon of a known archaeological or historic site, the City of PA will follow a procedure that will result in an analysis of the impacts of the proposal and require mitigation of potential impacts. B. 1 For archaeological sites, the City of PA will require the project proponent to engage a professional archaeologist to investigate and report to the City of PA and DAHP upon the location, condition, and extent of the site; impacts associated with the proposal; and any recommended mitigation necessary. B. 2 Based on the information contained in the written report of the archaeologist, City of PA will condition project approval to avoid impacts to the site. B. 3 The City of PA will forward to DAHP copies of the written report or . additional site forms prepared by the professional archaeologist, and will store these site forms atthe City of PA in a manner consistent with security measures in Section IV. B. 4 The City of PA shall consult with concerned tribes and DAHP to solicit their comments on the proposed measures to avoid, protect, or mitigate effects on the archaeological site. C Both DAHP and the City of PA recognize that the acquisition of these data by both parties does not substitute in any manner for compliance with 36 CFR Part 800 and Section 106 consultation, and compliance and consultation required by Governor's Executive Order 05-05. VII. Term of Agreement The term of this memorandum is five years. At the end of the term of this memorandum, DAHP and the City will renegotiate the data sharing agreement as appropriate. Dr~~ IV State Historic Preservation Officer Depar;tment of Archaeology & Historic Preservation 1'-/ 2-1/07- Date I Karen A. Rogers Mayor City of Port Angeles J~- Jg..{)r Date Data disks and updates should be sent to the following individual: Derek Beery City of Port Angeles 321 E. 5th St. Port Angeles, WA 98362 (360) 417-4704 dbeery@cityofpa.us , Appendix A. City Employees With Access To Sensitive Data. City Manag~r: Mark Madsen Community and Economic Development . Deputy Director of Community and Economic Development: Nathan West . Archaeologist: Derek Beery Information Services . Elizabeth Strait . Joe Matthews . Gary Brooks . Jim Harper