HomeMy WebLinkAbout5.341 Original Contracts
Filed at the Request of:
City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, WA 98362
City Clerk File No.: 5. 3111
Agreement between the City of Port Angeles and u-s k A i✓i CCi, --A'W
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Interlocal Agreement
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MEMORANDUM OF AGREEMENT AMONG
DAISHOWA AMERICA, LOWER ELWHA KLALLAM TRIBE,
POINT NO POINT TREATY COUNCIL
AND THE CITY OF PORT ANGELES
THIS MEMORANDUM OF AGREEMENT is entered into this 76 day
of December, 1990, by and among Daishowa America Co., Ltd.
"Daishowa the Lower Elwha Klallam Tribe "Tribe the Point
No Point Treaty Council "Treaty Council and the City of Port
Angeles "City
WHEREAS, Daishowa has submitted applications to the City for
Substantial Development Permits pursuant to the Washington State
Shoreline Management Act "shoreline permits for development of
a Recycled Paper Project "RPP and Electrical Modernization
Project "EMP on Ediz Hook within the City of Port Angeles; and
WHEREAS, the City subsequently issued shoreline permits
SMA 90(09)110 and SMA 90(09)112 to allow the RPP and EMP to
proceed; and
WHEREAS, the Tribe and Treaty Council filed appeals of the
shoreline permits for the EMP and RPP, alleging that the permits
issued by City did not adequately mitigate potential impacts on
archeological resources; and
WHEREAS, the Shorelines Hearings Board "Board has accepted
review of the shoreline permit appeals as SHB No. 90 -68 and
SHB No. 90 -69; and
WHEREAS, the parties are desirous of settling their
differences pertaining to mitigation of the potential Archeological
1
impacts and, on that basis, dismissing the shoreline permit appeals
now pending before the Board; and
WHEREAS, the Parties wish to avoid similar conflicts in the
future;
THEREFORE, it is hereby agreed as follows:
AGREEMENT
A. General
All archeological work described herein shall be done by or
under the supervision of a qualified professional archeologist
"Archeological Consultant acceptable to all of the parties.
The Archeological Consultant selected shall be retained by Daishowa
but will consult with all parties to the agreement and carry out
her responsibilities at all times as an independent professional,
rather than as an advocate for any party.
B. Definitions
The following definition of archeological resource, as defined
in WAC 25 -48, shall apply in this Agreement:
"Archaeological resource" means any material remains of human
life or activities which are of archaeological interest. This
shall include all sites, objects, structures, artifacts,
implements, and locations of prehistorical or archaeological
interest, whether previously recorded or still unrecognized,
including, but not limited to, those pertaining to prehistoric and
historic American Indian or aboriginal burials, campsites,
dwellings and their habitation sites, including rock shelters and
caves, their artifacts and implements of culture such as projectile
2
points, arrowheads, skeletal remains, grave goods, basketry,
pestles, mauls, and grinding stones, knives, scrapers, rock
carvings and paintings, and other implements and artifacts of any
material.
C. Initial Investigation
1. The Archeological Consultant shall undertake an Initial
Cultural Resources Assessment "ICRA aimed at determining whether
archeological resources might be located on the site areas of the
RPP and EMP projects on Ediz Hook, as shown on the site plan
attached as Exhibit A. This assessment shall include (a) a survey
of written materials regarding Native American use or occupation
of Ediz Hook, (b) interviews with Tribal elders and others with
relevant ethnohistoric knowledge, and (c) site
reconnaissance /testing. The ICRA workplan is attached as
Exhibit B.
2. The Archeological Consultant may use backhoe equipment
for the site reconnaissance testing. The parties consent to allow
such excavation for initial site investigation purposes, the
pendency of the Shoreline Permit appeals notwithstanding, provided
that such excavation is limited to that required for archeological
investigation as described in the ICRA workplan.
3. At the conclusion of the field work activities of the
ICRA, the archeological consultant will present an oral report to
the parties regarding (a) any physical evidence of archeological
resources identified through the site reconnaissance /testing,
(b) the likelihood of finding archeological resources, based on
all initial investigation activities, and (c) the consultant's
3
recommendations concerning the need for further investigations and
the specific procedures required. The contents of the oral report
shall be summarized in a memorandum to the parties to be delivered
at the same time.
4. The date for the oral report and memorandum is
December 18, 1990. The report will be presented by the
Archeological Consultant to the parties in Port Angeles.
D. More Detailed Investigation
Should the Archaeological Consultant recommend, as the result
of the initial investigation or subsequent monitoring, that a more
detailed investigation be carried -out on any archeological resource
that is identified, the parties will authorize and assist the
Archaeological Consultant in carrying out any additional procedures
she recommends, including documentation, mapping, recovery,
reburial and other standard archaeological practices, which are not
otherwise included as part of the activities in Section F of this
Agreement.
E. Excavation Monitoring
1. Monitoring for archeological resources will take place
during the excavation for the RPP and EMP projects. The specific
monitoring protocol shall be designed by the Archeological
Consultant consistent with all information on the likelihood of
presence of archeological resources, but monitoring shall take
place regardless of the outcome of the initial investigation.
2. The Archaeological Consultant, or excavation monitor
working under the direction of the Archaeological Consultant, shall
have the authority to halt excavation activities at any time when,
4
in the professional opinion of the Archaeological Consultant or
excavation monitor, such action is necessary to prevent damage to
an archaeological resource. Daishowa shall notify construction
management personnel that compliance with stop work orders from the
Archaeological Consultant or excavation monitor is mandatory.
F. Resource Recovery
1. Any archaeological resource that is identified on site
during site reconnaissance /testing, more detailed investigation,
or excavation monitoring shall be treated in accordance with the
requirements of accepted archaeological practice, applicable state
and federal law, including RCW 27.53, Archaeological Sites and
Resources, RCW 27.44, Indian Graves and Records, and WAC 25 -48,
Archaeological Excavation and Removal Permit. Determinations
concerning whether material qualifies as an archaeological resource
or whether material or a site qualify for special protection within
the meaning of the above referenced laws shall be made by the
Archaeological Consultant, and the state or federal agencies with
jurisdiction.
2. In the event an archaeological resource is identified
during the excavation activities, work stoppage on the excavation
shall not exceed the minimum time required to properly document,
remove or otherwise protect the archaeological resource.
3. If human remains are discovered during the site
reconnaissance /testing or the excavation monitoring, they shall be
dealt with in accordance with the wishes of the Tribe and
applicable state and federal law. Coordination with the Tribe
shall be initiated by the Archaeological Consultant upon discovery
5
of human remains, and the Tribe will provide Daishowa with specific
direction regarding removal and reinterment of the remains or
transfer of the remains to possession of the Tribe within 24 hours
of discovery, pursuant to the procedure in Section G below.
G. Ownership and Curation
All archeological resources identified on site through the
initial investigation, any more detailed investigation, and
monitoring shall, if appropriate, be removed from the site and
transferred to possession and ownership of the Tribe at the
following location: (to be determined). The Tribal representative
authorized to accept possession of such objects and resources is
Ito be determined). The Tribe shall be responsible for proper
curation of the items transferred to its possession, consistent
with state, federal and tribal law.
H. Dispute Resolution
In the event the parties are unable to resolve a dispute
concerning determination of whether material or a site qualifies
as an archeological resource or for protection under other
applicable law, any party to this Agreement may request that such
determination be reviewed by the State of Washington State Office
of Archeology and Historic Preservation, provided that such review
can be completed within five working days. The determination of
the Office of Archaeology and Historic Preservation shall be final.
6
I. Memorandum of Aareement Limitations
This Agreement applies only to the excavation activities
required for excavation of the RPP and EMP, including related
activities within the scope of the shoreline permits for the RPP
and EMP, Provided that the parties agree that for all future
projects on Ediz Hook requiring shoreline permit review, Daishowa
shall provide the Tribe with notice of the shoreline permit
application at or prior to initial submittal, and will incorporate
in all such applications the results of the ICRA, more detailed
investigation, monitoring and documentation /recovery carried out
for the RPP and EMP.
J. Dismissal of Aooeals
Upon execution of this Agreement and completion of the initial
investigation and any more detailed investigations recommended by
the Archaeological Consultant as a result of the initial
investigation, the parties agree to execute a Stipulation of
Dismissal consenting to dismissal of shoreline permit appeals
SHB No. 90 -68 and SHB No. 90 -69.
K. Counterparts
This Memorandum of Agreement may be executed in counterparts,
each of which shall be deemed an original, but all of which
constitute one and the same document.
DAISHOWA AMERICA CO., LTD.
eiichi Taniguchi
Its Executive Vice President
7
12/6/90
LOWER ELWHA KLALLAM TRIBE
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CITY OF PORT ANGELES
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HUMAN REMAINS
SCHEDULE
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LAAS Larson Anthropological /Archaeological Services
The backhoe and backhoe operator will be provided by Daiahowe
America; concrete will be removed by Daishowa American from the
electrical modernization facility location and a site engineer
will be available to ensure avoidance of pipes and utility lines
where necesssary.
Stratigraphic profiles, will be drawn of trench sections in enough
numbers to connect Ftratigraphy across the site. If cultural
remains ate identified, they will be drawn as well. All new
sites identified will be mapped, photographed, and recorded on
Washington State Archaeological Inventory forms and submitted to
the Office of Archaeology and Historic Preservation. If cultural
resources are identified, recommendations will be developed for
further evaluation, e.g. testing or data recovery, of potentially
significant sites for their eligibility to the National Register
of Historic Places.
A technical report will be prepared, describing cultural
resources identified in the project area, that meets the
standards for reporting suggested by the Washington State Office
of Archaeology and Historic Preservation. The report will
include summary bacicgrcur_d information appropriate to a cultural
resources assessment of the project area, including environment,
ethnography, rtethnohistory, previous atchaeclogy and history.
Methodology, results of the investigation, recommendations, and
maps of sites located will also be detailed. One copy of the
report will be submitted to Daishowa America, and one copy
submitted to the State Office of Archaeology and Historic
Preservation.
If human remains are encountered, all work will halt in a large
enough vicinity to prctect integrity of the retrains. The
occurrence of human remains will be reported immediately to the
State Office of Archaeology and Historic Preservation and the
Lower Elwha K]aliam. The location of the 'remains will be
recorded and avoided until their disposition has been agreed upon
by the tribe and agencies involved.
Archival and background research would begin upon receipt of a
notice to proceed in the form of a letter cf authorization from
Daishowa America. Field work will be undertaken December 10 -18,
1990. An interim verbal report would be presented to Daishowa
America and other interested parties on December 18, followed by
a memorandum. A final technical report will be subitted on
January 30, 199L.
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LAAS Larson Anthropological /Archaeological Services
DAISHOWA AMERICA PORT ANGELES MILL
RECYCLED PAPER PROJECT
CULTURAL RESOURCES ASSESSMENT
SCOPE OF WORK
3 December 1998
A cultural res 1 of the Daishowz America Port
Angeles Mill, Q County project area will be undertaken to
locate and evaluate through literature search and field
investigation, archaeological and historic cultural resources
potentially affected by the proposed project. The boundaries of
all surface cultural resources identified will be delineated end
mapped. Recommendations for further evaluation: measures cf
potentially significant sites, i.e. sites potentially eligible to
the National Register of Historic Places, will be extended, as
well as recommendations for an archaeological monitoring program.
The reconnaissance will consist of three phases, an archival and
literature search, field assessment, and preparation of a
technical report. The archaeologist will meet with appropriate
individuals and /or agencies immediately upon completion of
fieldwork to present a verbal interim report followed by a
memorandum.
The literature and archival review will be conducted to identlf)
known historic and archaeological sites, and traditional cultural
use sites within or adjacent to the project area, and to identify
the potential for such sites within the project area.
Documentation such as local ethnographies, histories, explorer's
journals, and historic maps will be consulted, in addition to
records held by ate Office of Archaeology and Historic
Preservation, County Historical Society, and the Lower
Elwha Klallam Tribe. In addition, Lower Elwha Klallam and /cr
other knowledgeable informants will be interviewed.
Field assessment of the project area will be conducted to locate
on -the- ground cultural resources previously recorded within the
project area, hieteric and archaeological sites identified in the
literature, but not recorded, and previously unrecorded cu.turel
resources. Because the project area is buried under 4 -7' of wood
chip and compressed gravel fill, a backhoe with a three foot
bucket will be used to dig a trench around the perimeter of the
proposed recycle plant to access undisturbed native soils.
Additional email trenches may be excavated north and south if
native soils appear to be present. Two intersecting trenches (ire
a t formation) will be excavated across the proposed chemical
plant site, trenches will be excavated through the electrical
modernization facility based on access which will avoid pipes
and /or utility lines. A small trench will be excavated through
the proposed sludge press location.
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