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4638
US HOUSING & URBAN DEVELOPMENT - DEPT OF
Westpark Redevelopment Master Plan
Comm Devel
LEG 12-1
07/03/2007
07/02/4014
05/01/2014
Null & void if terms not carried out w/in 7 years or
by conclusion of construction of Master Plan
MEMORANDUM OF AGREEMENT
BETWEEN U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
THROUGH ITS RESPONSIBLE ENTITIY, THE CITY OF BREMERTON,
THE HOUSING AUTHORITY OF THE CITY OF BREMERTON,
AND THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER
REGARDING THE WESTP ARK REDEVELOPMENT MASTER PLAN,
BREMERTON, WASHINGTON
WHEREAS, the U.S. Department of Housing and Urban Development (HUD), through
its Responsible Entity, the City of Bremerton (City), and the Housing Authority of the City of
Bremerton (BHA) determined that the Westpark Master Plan (the undertaking) may have an
adverse effect on the Westpark site, which is eligible for the National Register of Historic Places,
and has consulted with the Washington State Historic Preservation Officer (SHPO) pursuant to
36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation
Act (16 US.C. Section 470f); and
WHEREAS, the City, as the Responsible Entity, has been designated to act on behalf of
HUD for the purposes of compliance with Section 106, and thus all references herein to HUD
shall be construed to mean the City and the City shall act as signatory for HUD; and
WHEREAS, HUD has consulted with the BHA regarding the effects of the undertaking
on the Westpark site and has invited the organization to sign this MOA as an invited signatory,
and the BHA will have financial responsibility for implementing the stipulations set forth in this
agreement; and
WHEREAS, in accordance with 36 CFR Section 800.6(a)(1), HUD has notified the
Advisory Council on Historic Preservation (Council) of its adverse effect determination with
specified documentation and the Council has chosen not to participate in the consultation
pursuant to 36 CFR Section 800.6(a)(1 )(iii);
WHEREAS, the purpose of this agreement is to identify the responsibilities of the parties
with regard to cultural resources, and to specify measures that will adequately address adverse
effects;
NOW, THEREFORE, HUD, BHA, and the Washington SHPO (the "parties") agree that
the undertaking shall be implemented in accordance with the following stipulations in order to
take into account its effect on historic properties.
HUD shall ensure that the following measures are carried out:
I. STIPULATIONS
A RECORDS PRESERVATION
The BHA possesses a significant number of original blueprints, photographs, drawings, paintings
and other documents associated with the planning; design, construction, operation, and
maintenance of Westpark. BHA, in consultation with the SHPO and other interested parties,
shall conserve and archive such historical material related to Westpark. Acceptable facilities for
shall conserve and archive such historical material related to Westpark. Acceptable facilities for
donation, loan and/or curation will be selected in consultation with the SHPO. The BHA will be
responsible for the costs associated with cataloguing, archiving and storage of historical
materials.
B. HISTORIC DISPLAY OR EXHIBIT
1. The BHA shall identify a suitable location accessible to the public for the display of
historic photos, paintings, drawing and/or models related to Westpark. An on-site location, such
as the existing community center or BHA administrative offices, is preferred, but an off-site
location is acceptable if a suitable public facility on site is not included in the final master plan.
2. The site, contents, and design of the display shall be developed in consultation with
the SHPO and other interested/appropriate parties.
C. STREET NAMES
The BHA shall name one or more streets within the Westpark redevelopment as a reminder of
persons associated with the site's history.
D. WEB SITE/ELECTRONIC MEDIA
The BHA shall, in consultation with SHPO, develop a website or other electronic media about
the history of West park. The objective is to provide a long-term, easily accessible reminder of
Westpark's history, and a variety of media may accomplish the objective. This information may
contain or be excerpted from the 2007 Historic and Cultural Resources Report (NW AA) and
include photographs, maps and other illustrative material.
E. ARCHAEOLOGICAL MONITORING AND INADVERTENT DISCOVERY PLAN
An archaeological monitoring and inadvertent discovery plan shall be implemented in
conjunction with development approval and made available onsite to construction and
supervisory personnel. The plan, contained as Attachment A of this agreement, provides the
procedures to be followed during planned monitoring, see F below, or incase archaeological
materials or human remains are inadvertently discovered during construction, a list of persons
and agencies to be contacted, and instructions for contacting the responsible parties.
F. ARCHAEOLOGICAL MONITORING
1. Any subsurface excavation, including geotechnical borings, at the outfall along Oyster
Bay shall be monitored by a professional archaeologist.
2. Pre-construction environmental testing and remediation studies are anticipated in the
area of the Section 16 Refuse Disposal site, field number WPR 06-02. Any such testing
involving minor disturbance of soils within or adjacent to the Refuse Disposal site shall be
monitored by a professional archaeologist.
3. Concurrent with preparation of a Phase II Environmental Site Assessment, or any
activity involving significant excavation (defined as removal of more than 100 cubic yards of
soil, BHA shall submit to HOD a detailed plan of investigation to determine the presence and/or
significance of any historic resources identified in the course of excavation.
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donation, loan and/or curation will be selected in consultation with the SHPO. The BHA will be
responsible for the costs associated with cataloguing, archiving and storage of historical
materials.
B. HISTORIC DISPLAY OR EXHIBIT
1. The BHA shall identify a suitable location accessible to the public for the display of
historic photos, paintings, drawing and/or models related to Westpark. An on-site location, such
as the existing community center or BHA administrative offices, is preferred, but an off-site
location is acceptable if a suitable public facility on site is not included in the final master plan.
2. The site, contents, and design of the display shall be developed in consultation with
the SHPO and other interested/appropriate parties.
C. STREET NAMES
The BHA shall name one or more streets within the Westpark redevelopment as a reminder of
persons associated with the site's history.
D. WEB SITE/ELECTRONIC MEDIA
The BHA shall, in consultation with SHPO, develop a website or other electronic media about
the history of West park. The objective is to provide a long-term, easily accessible reminder of
Westpark's history, and a variety of media may accomplish the objective. This information may
contain or be excerpted from the 2007 Historic and Cultural Resources Report (NW AA) and
include photographs, maps and other illustrative material.
E. ARCHAEOLOGICAL MONITORING AND INADVERTENT DISCOVERY PLAN
An archaeological monitoring and inadvertent discovery plan shall be implemented in
conjunction with development approval and made available onsite to construction and
supervisory personnel. The plan, contained as Attachment A of this agreement, provides the
procedures to be followed during planned monitoring, see D below, or in case archaeological
materials or human remains are inadvertently discovered during construction, a list of persons
and agencies to be contacted, and instructions for contacting the responsible parties.
F. ARCHAEOLOGICAL MONITORING
1. Any subsurface excavation, including geotechnical borings, at the outfall along Oyster
Bay shall be monitored by a professional archaeologist.
2. Pre-construction environmental testing and remediation studies are anticipated in the
area of the Section 16 Refuse Disposal site, field number WPR 06-02. Any such testing
involving minor disturbance of soils within or adjacent to the Refuse Disposal site shall be
monitored by a professional archaeologist.
3. Concurrent with preparation of a Phase II Environmental Site Assessment, or any
activity involving significant excavation (defined as removal of more than 100 cubic yards of
soil), BHA shall submit to HUD a detailed plan of investigation to determine the presence
and/or significance of any historic resources identified in the course of excavation.
4. If excavation and/or redevelopment of the Refuse Disposal Site is proposed, BHA
shall prepare and submit to HUD a report identifying the presence of any historic resources and
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assessing their eligibility for listing in the National Register. In addition to any permits required
for excavation, remediation or redevelopment, the BHA shall obtain the approval of the SHPO
prior to commencing activities.
II. DURATION.
This agreement will be null and void if its terms are not carried out within seven (7) years from
the date of its execution or by the conclusion of construction of the Westpark Master Plan,
whichever occurs sooner. Prior to such time, the parties may consult with the other signatories to
reconsider the terms ofthe agreement and amend it in accordance with Stipulation VI below.
III. POST -REVIEW DISCOVERIES
If potential historic properties are discovered or unanticipated effects on historic properties
found, HUD, the BHA or its contractors shall implement the discovery plan included as
attachment A of this agreement.
IV. MONITORING AND REPORTING
Each year following the execution of this agreement until it expires or is terminated, HUD shall
provide all parties to this agreement a summary report detailing work undertaken pursuant to its
terms. Such report shall include any scheduling changes proposed, any problems encountered,
and any disputes and objections received in the HUD's efforts to carry out the terms of this
agreement. Failure to provide such summary report may be considered a breach of the terms of
this MOA pursuant to Section VI, below.
V. DISPUTE RESOLUTION
Should any party to this agreement object at any time to any actions proposed or the manner in
which the terms of this MOA are implemented, HUD shall consult with the objecting party(ies)
to resolve the objection. If HUD determines, within 30 days, that such objection(s) cannot be
resolved, HUD will:
A. Forward all documentation relevant to the dispute to the council in accordance with
36 CFR Section 800.2(b )(2). Upon receipt of adequate documentation, the Council shall review
and advise HUD on the resolution of the objection within 30 days. Any comment provided by
the Council, and all comments from the parties to the MOA, will be taken into account by HUD
in reaching a final decision regarding the dispute.
B. If the Council does not provide comments regarding the dispute within 30 days after
receipt of adequate documentation, HUD may render a decision regarding the dispute. In
reaching its decision, HUD will take into account all comments regarding the dispute from the
parties to the MOA.
C. The parties' responsibility to carry out all other actions subject to the terms of this
MOA that are not the subject of the dispute remain unchanged. HUD will notify all parties of its
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decision in writing before implementing that portion of the Undertaking subject to dispute under
this stipulation. HUD's decision will be final.
VI. AMENDMENTS AND NONCOMPLIANCE
If any signatory to this MOA determines that its terms will not or cannot be carried out or that an
amendment to its terms must be made, that party shall immediately consult with the other parties
to develop an amendment to this MOA pursuant to 36 CFR ~ 800.6(c)(7) and 800.6(c)(8). The
amendment will be effective on the date a copy signed by all of the original signatories is filed
with the Council. If the signatories cannot agree to appropriate terms to amend the MOA, any
signatory may terminate the agreement in accordance with Section VII, below.
VII. TERMINATION
If an MOA is not amended following the consultation set out in Stipulation VI., it may be
terminated by any signatory or invited signatory. Within 30 days following termination, HUD
shall notify the signatories if it will initiate consultation to execute an MOA with the signatories
under 36 CFR S 800.6(c)(l) or request the comments of the council under 36 CFR S 800.7(a) and
proceed accordingly.
Execution ofthis Memorandum of Agreement by HUD, the Washington SHPO and BHA, the
submission of documentation and filing of this Memorandum of Agreement with the Council
pursuant to 36 CFR S 800.6(b)(l)(iv) prior to the HUD's approval of this undertaking, and
implementation of its terms evidence that HUD has taken into account the effects of this
undertaking on historic properties and afforded the Council an opportunity to comment.
SIGNA TORIES:
Date: ~ /2-8 /'2007
I I
eservation Officer:
Date:
1-/ siC) ?-
Allyson Brooks, State Historic Preservation Officer
4
INVITED SIGNATORIES:
Housing, ~hority of the City of Bremerton:
. /k tJAMC
(
Kurt Wiest, Executive Director
Housing Authority of the City of Bremerton
5
Date:
t:./(.~/o7
I
ATTACHMENT A
CONSTRUCTION MONITORING AND INADVERTENT DISCOVERY PLAN
FOR THE
WESTP ARK REDEVEL"OPMENT PROJECT
BREMERTON, WASHINGTON
INTRODUCTION
The U.S. Department of Housing and Urban Development (RUD), through its Responsible Entity, the
City of Bremerton (City) and the Housing Authority of the City of Bremerton (BRA), is proposing to
redevelop Westpark from a low-income, public housing development, to a mixed-use and mixed-income
community within the city of Bremerton, Washington. Westpark was built in 1940-41 to provide housing
for defense workers and their families during the World War II era. The redevelopment project includes:
razing the existing housing units, reconfiguring most of the roads, installation of new utilities, and
construction of new housing and commercial/retail facilities.
The City has determined that the proposed redevelopment of West park is an undertaking and therefore
subject to provisions of the National Historic Preservation Act of 1966, as amended (NHP A).
BRA, through its consultant Northwest Archaeological Associates, Inc. (NW AA), completed a cultural
resource study for the proposed project, which included survey and limited subsurface testing. The
cultural resource study recommended development and implementation of a Construction Monitoring and
Inadvertent Discovery Plan prior to project construction. The purpose of this Plan is to execute this
recommendation. Marathon Development, BHA's on-site development manager, is given responsibility
to implement this plan.
In the event that archaeological materials are encountered during construction activities, this document.
serves as the plan for dealing with any inadvertent discoveries of human remains, artifacts, sites, or any
other cultural resources during the project
AFFECTED TRIBE
The Indian Tribe affected by this Project is the Suquamish Tribe. Pre-contact human remains and cultural
resources discovered during this project will be presumed to be of Suquamish ancestry and will, at all
times, be treated with dignity and respect.
SPECIFICATIONS
Specifications shall be included in construction bid documents indicating that cultural resource
considerations are included under the environmental monitoring program associated with the project.
Specifications will note that the Contractor's personnel shall be familiar with indicators of potential
cultural resource discoveries and with procedures required in the event that cultural resources are
encountered during construction. Part of this responsibility will include attending or participating in a
pre-construction meeting.
PRE-CONSTRUCTION MEETING
Westpark Redevelopment Project
Monitoring and Discovery Plan
Page 2 of6
The contractor's supervisory personnel shall attend a briefing on cultural resource issues prior to
beginning construction activities. The contractor and construction crew shall meet with the archaeologist
to go over cultural resource issues and the procedures set forth herein. Contractor personnel shall be
familiar with indicators of potential cultural resource discoveries. Contractor's personnel shall also be
familiar with investigative procedures required in the event that cultural resources are encountered during
construction.
MONITORING OF GROUND DISTURBING ACTIVITIES
Monitoring of construction excavation by a professional archaeologist during the entire course of the
Westpark Project is unnecessary. Two locations have been identified for archaeological monitoring:
1. Oyster Bay - any subsurface excavation, including geotechnical borings, at the outfall along
Oyster Bay shall be monitored if excavation extends beyond fill into native sediments. The
Suquamish Tribe should be notified of any excavation along Oyster Bay.
2. Section 16 Refuse Disposal site - pre-construction environmental testing and remediation studies
involving minor disturbance of soils within or adjacent to this site shall be monitored by a
professional archaeologist. Any additional excavation is likely to require a permit from DAHP,
per Title 27.53 Revised Code of Washington.
MONITORING PROCEDURES
The purpose of archaeological monitoring is to identifY archaeological resources and to assess the
significance of resources in a rapid, cost-effective manner.
Generally, archaeologists
· Will observe construction equipment work and soil removal from multiple perspectives
around and in front of working equipment, requiring close communication with
construction supervisors, equipment operators, and grade checkers.
· Will be safely stationed on the edge of a trench, or near a trackhoe bucket to observe
trench sidewalls as they are excavated.
· Will coordinate closely with construction personnel to enter an excavation trench or
similar type of shored, enclosed space.
· May examine backdirt removed from excavations, if the material is placed on the ground
surface prior to removal.
Communication Protocol
The Archaeological Monitor will communicate with the on-site City/BHA Representative, Marathon
Development, to make general requests about equipment movement, placement of back dirt for
examination, or to access trench or foundation excavations. The Monitor also may need to communicate
with excavation equipment operators to determine appropriate timing and procedures to access
Westpark Redevelopment Project
Monitoring and Discovery Plan
Page 3 of6
construction excavation areas such as trenches or open excavations.
The Monitor may direct the equipment operator to stop excavation, but will notifY Marathon
Development prior to communicating excavation procedures directly to the equipment operator. After
notifYing Marathon Development the Monitor may request equipment operators to remove thin lifts of
fill or sterile sediment to provide more extensive horizontal exposures.
Work Stoppage
If the Monitor determines that archaeological resources that are considered significant may be exposed
by construction excavation in a particular area, the Monitor may ask Marathon Development to
request equipment operators to modifY construction excavation procedures to provide exposures of
subsurface stratigraphy, in order to confirm the presence of any such resources in that area. Some areas
may be cordoned off to allow more time to expose, document, and evaluate possible archaeological
deposits. Work may be stopped in an area sufficient to assess resources that may be significant and time
will be provided for additional evaluation by field archaeologists.
If Marathon Development cannot be reached immediately, then the on-site Construction Contractor
Crew Supervisor would be alerted.
If significant or potentially significant archaeological resources are identified during construction, the
archaeological contractor will inform Marathon Development. Marathon Development will halt
activity in the area of discovery large enough to ensure that integrity of the find is not compromised
(construction activities may continue elsewhere in the project area). Marathon Development will
contact the City, BHA, DAHP and the Suquamish Tribes within 24 hours (See Contact List)
PROCEDURES FOR THE INADVERTENT DISCOVERY OF CULTURAL RESOURCES
If any City, BHA, or Marathon Development employee, contractors or subcontractors believes that he or
she has inadvertently uncovered any cultural resource at any point in the project, all work adjacent to the
discovery shall cease. The area of work stoppage will be adequate to provide for the security, protection,
and integrity of the archaeological discovery. At a minimum, the immediate area of the discovery will be
secured to a distance of thirty (30) feet. Vehicles, equipment, and unauthorized personnel will not be
permitted to traverse the discovery site. Work in the immediate area will not resume until treatment of
the discovery has been completed following provisions for treating archaeological/cultural material as set
forth in this document.
A cultural resource discovery could be pre-contact or historic and may include, but not be limited to:
. areas of charcoal or charcoal- stained soil and stones,
. stone tools or waste flakes (i.e. an arrowhead, or stone chips),
. bones, burned rocks, or other food remains in association with stone tools or chips,
. or a cluster of tin cans or bottles, logging or agricultural equipment older than 50 years.
The on site personnel will contact Marathon Development and they in turn will contact the City, BHA,
the consulting archaeologist, and DAHP. The consulting archaeologist will evaluate whether the
discovered cultural resources are potentially eligible for listing in the NRHP.
Westpark Redevelopment Project
Monitoring and Discovery Plan
Page 4 of6
Upon discovery of potential pre-contact properties as defined in the National Historic Preservation Act of
1966, P.L. 89-665, 16 U.S.c. Section 470 et seq. (NHPA) or human remains and other cultural items as
defined by the Native American Graves Protection and Repatriation Act of 1990, P.L. 101-601,25 U.S.C.
Section 3001 et seq. (NAGPRA), Marathon Development shall immediately call the contacts listed to
inform the parties of the discovery, but in any event, no later than within twenty-four (24) hours of the
discovery. If the discovery is made after Tribal business hours, the City shall contact the Suquamish
Tribal Police Department Duty Officer at 911. If requested, ajoint viewing of the discovery by City, the
Tribe, and other participating parties (DAHP) will be scheduled within forty-eight (48) hours of the
notification, or at the earliest possible time.
If the site is determined eligible, the participating parties will consult to determine the appropriate
treatment. Treatment measures may include protection in place or data recovery such as mapping,
photography, limited probing and sample collection, or other activity deemed appropriate by the
consulting parties
PROCEDURES FOR THE DISCOVERY OF HUMAN SKELETAL MATERIAL
Any human remains that are discovered during this project will at all times be treated with dignity and
respect.
If any project employee or one of its contractors or subcontractors believes that he or she has made an
unanticipated discovery of human skeletal remains, all work adjacent to the discovery shall cease. The
area of work stoppage will be adequate to provide for the security, protection, and integrity of the
archaeological discovery. At a minimum, the immediate area of the discovery will be secured to a
distance of thirty (30) feet. Vehicles, equipment, and unauthorized personnel will not be permitted to
traverse the discovery site. Work in the immediate area will not resume until treatment of the discovery
has been completed as set forth in this document.
Marathon Development shall immediately notify the Bremerton police and Kitsap County Coroner to
have them determine whether the remains are part of a crime scene. Contemporaneous with notifying the
Coroner, Marathon Development shall also notify the City, BHA, DAHP, the Tribe, and the project
consulting archaeologist. Human remains and associated funerary objects shall remain in place,
unwashed, uncleaned and without analysis, with minimal disturbance by the Coroner in completing his or
her work.
After elimination of the site as a crime scene, Marathon Development shall continue to maintain the
remains and any associated funerary objects in place, unwashed, unexamined and undisturbed. The
ethnic origin, or ancestry, of the discovered human remains will be determined through consultation with
the City, DAHP, the Kitsap County Coroner, and the Tribe. The City shall give due consideration to and
honor, to the extent possible, any request by the Tribe to leave the remains and/or other cultural items
undisturbed and in place. Should the Tribe request to conduct ceremonies or other traditional activities
with respect to the human remains at the site where the remains were found the City will accommodate
such requests to the maximum practical extent possible.
Westpark Redevelopment Project
Monitoring and Discovery Plan
Page 5 of6
If the human skeletal remains are determined to be Native American, the participating parties will consult
to determine what treatment is appropriate for the human remains. If disinterment of Native American
human remains becomes necessary, the participating parties will jointly determine the final custodian of
the human skeletal remains for re-interment.
The City will make a good faith effort at accommodating requests from the Tribe to be present after they
are notified of discoveries, and prior to the implementation of mitigation measures related to human
skeletal remains.
CONFIDENTIALITY OF INFORMATION
Except for confidential internal communications and documentation required by law, the City, BHA, and
Marathon Development shall not record, map, describe, or otherwise report on any discovery in any
form until consulting with and obtaining the prior consent of the Tribe. The City and Marathon
Development shall make its best efforts to ensure that its appropriate personnel, contractors, and
permittees keep the discovery of any found or suspected human remains, other cultural items, and
potential historic properties confidential, including but not limited to, refraining from contacting the
media or any third party or otherwise sharing information regarding the discovery with any member of
the public.
Westpark Redevelopment Project
Monitoring and Discovery Plan
Page 6 of6
CONTACT INFORMATION / LEAD REPRESENTATIVE
The City of Bremerton
Andrea Spencer, Community Deve]opment
Director
345 6th Street, 6th F]oor
Bremerton, W A 98337
(360) 473-5283
Bremerton Housing Authority
c/o Marathon Deve]opment
Kathryn Jerkovich
409 Pacific Avenue
Bremerton, WA 98337
(253) 740-4489
Washington Department of Archaeology and
Historic Preservation (DAHP)
1063 South Capito] Way, Suite ]06
Olympia, WA 98501
Dr. Allyson Brooks, SHPO (360) 586-3066
Allyson.Brooks@dahp.wa.gov
Stephenie Kramer (360) 586-3083
Stephenie.Kramer@dahp.wa.gov
Suquamish Tribe
Dennis Lewarch
P.O. Box 498
Suquamish, W A 98392-0498
(360) 394-8529
d]ewarch@suquamish.nsn.us
Kitsap County Coroner
Greg Sandstrom
6] 4 Division Street, MS-] 7
Port Orchard, W A 98366
(360) 337-7077
Bremerton Police Department 9] ]
Northwest Archaeological Associates, Inc.
(NW AA)
5418 20th Ave NW, Suite 200
Seattle, W A 98107
Mike Shong (Monitoring Coordinator)
(206) 781-1909
mshong@northwestarch.com
Christian J. Miss (Principal)
(206) 781-1909
cjmiss@northwestarch.com