Protecting What We Love Building What We Need – The “H” Factor

Renee Gledhill-Earley Environmental Review Coordinator NC State Historic Preservation Office Department of Natural & Cultural Resources

What is the “H” Factor – HISTORY, of course National Register of Historic Places (NRHP): A list of properties that have been determined by the State Historic Preservation Officer and the National Park Service to be significant to the history of the United States at a local, state, or national level.

The National Register is: Buildings Structures Sites (archaeological) Districts Objects

But, is it this?

OR This?

OR This?

OR This?

OR This?

OR This?

OR This?

OR This?

Yup! They are all historic and just waiting to for your next project So Let’s do the Numbers

North Carolina has nearly 3,000 properties listed in the NRHP There are about 500 NRHP Historic Districts containing multiple resources The NPS estimates that there are approximately 66,000 historic resources listed in the NRHP either individually or as parts of historic districts in north carolina more than I,800 Properties have been determined eligible for listing in the NRHP (mostly through Section 106) SHPO/OSA reviews approximately 4,000 projects/year (

some more numbers (that you are sure to know) Section 106 of the National Historic preservation Act Section 4(f) of the Department of Transportation Act NC General Statute 121-12(a)

Section 106 of the NHPA of 1966, as amended [16 USC 470, 36 CFR 800] Requires Federal agencies to take into account the effects of their undertakings on historic properties included in, or eligible for inclusion in the NRHP prior to the approval of the expenditure of Federal $ or the issuance of any Federal license, permit, or approval.

Section 4(f)- Department of Transportation Act FHWA & other USDOT agencies CANNOT approve the use of land from Publicly owned parks/recreation areas Wildlife & waterfowl refuges Public and private historic sites UNLESS There is no feasible and prudent avoidance alternative to the use AND The action includes all possible planning to minimize harm, resulting from the use OR The Use is determined to have a de minimis impact

NC General Statute 121-12(a) State agency with direct or indirect authority to fund, permit, license, or approve an undertaking that may affect a property listed in the National Register of Historic Places must offer the North Carolina Historical Commission the opportunity to review and comment on the undertaking

How does this affect ME? It Depends Working for ncdot or fhwa ? Or A local community using fhwa/ncdot funding? Faa/fta/fra? Your client needs a federal permit, license, approval or funding?

If you are working for ncdot or fhwa? Use the Programmatic agreement between fhwa, ncdot and shpo to streamline projects up to an eis pa expands ncdot’s Archaeology and Historic Architecture Groups authority to make decisions on behalf of hpo/osa pa covers all levels of projects except EIS Some activities do not require review but do require documentation of exemption from review (this becomes important for federal permits) Typical projects: bridge replacements, rail safety, traffic signal systems, widenings and improvements Annual report provided to hpo/osa for review and comment – approx. 400-600 projects covered per year

A local community using fhwa/ncdot funding? is not covered by the Programmatic agreement between fhwa, ncdot and shpo Determine who is to be the contact with the hpo – the local community or the consultant to prevent duplication If the consultant, indicate that your are acting on behalf of your client Use project checklist found at: http://www.hpo.ncdcr.gov/er/er_email_submittal.html Submit via email to: environmental.review@ncdcr.gov Do your background work BUT Make no assumptions about the presence or absence of historic resources

https://archaeology.ncdcr.gov/ Helpful sites http://www.hpo.ncdcr.gov/ http://www.hpo.ncdcr.gov/er/er_email_submittal.html http://www.hpo.ncdcr.gov/er/Section106_Standards.html https://archaeology.ncdcr.gov/ https://files.nc.gov/dncr-arch/OSA_Guidelines_Sept2017.pdf

HPOWEB is a Great tool BUT It only covers above-ground resources Its content is what we currently know from survey work BUT Survey results may be 30 years old and lots of resources may have become historic or are gone Archaeological resources are still only available in person

Faa/fta/fra? not covered by the Programmatic agreement between fhwa, ncdot and shpo BUT they do trigger section 4(f) compliance start through local sponsor/client Start EARLY to get a HPO project tracking number – email submission Don’t assume the need for archaeological or architectural surveys/ask first If an archaeological survey is needed, make an appointment with OSA to properly scope the project Follow report guidelines from HPO and OSA http://www.hpo.ncdcr.gov/er/Section106_Standards.html https://files.nc.gov/dncr-arch/OSA_Guidelines_Sept2017.pdf

Your client needs a federal permit, license, approval or funding? Start through your client or on their behalf Start EARLY to get a HPO project tracking number – email submission Don’t assume the need for archaeological or architectural surveys/ask first If a survey is needed, make an appointment with OSA to properly scope the project Follow report guidelines from HPO and OSA http://www.hpo.ncdcr.gov/er/Section106_Standards.html https://files.nc.gov/dncr-arch/OSA_Guidelines_Sept2017.pdf

cemeteries In general, Cemeteries are NOT considered historic, unless they are the only site associated with an important person, have artistic value, or are part of a historic property Rather, they are sites that are protected and can be moved following a process set out by state law. (Your last resting place is not always your last.) Cemeteries are often identified as part of an archaeological survey and are recorded on a special cemetery site form with an assigned tracking number Unmarked and Native American cemeteries deserve special notice because they can create delays if encountered during construction – Native American Graves Protection and Repatriation Act - Public Law 101-601 Unmarked Human Burial & Human Skeletal Remains Protection Act – G.S. 70, Art. 3 If you do encounter unmarked Human remains – Immediately call the sheriff and state archaeologist and ensure that the remains stay covered until directed otherwise.

Hope this has been helpful So you can better Protect What We Love and Hope this has been helpful So you can better Protect What We Love and Build What We Need