Notice2024-27531
Updated Notice of Availability for the Port of Port Angeles Memorandum of Agreement Under Section 106 of the National Historic Preservation Act
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Published
November 25, 2024
Issuing agencies
Transportation DepartmentMaritime Administration
Abstract
The Maritime Administration (MARAD) is funding the Intermodal Handling and Transfer Facility Project (Project) which will improve the safety and efficiency of the movement and sorting of forest products through Port Angeles in Port Angeles, Washington. In accordance with the National Historic Preservation Act (NHPA) and its implementing regulations, MARAD has determined that a Memorandum of Agreement (Agreement) must be prepared in accordance with the requirements of the NHPA in conjunction with the Project and invites public comments on the Agreement.
Full Text
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<title>Federal Register, Volume 89 Issue 227 (Monday, November 25, 2024)</title>
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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92997-92999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27531]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD-2024-0149]
Updated Notice of Availability for the Port of Port Angeles
Memorandum of Agreement Under Section 106 of the National Historic
Preservation Act
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Notice of availability and request for comment.
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SUMMARY: The Maritime Administration (MARAD) is funding the Intermodal
Handling and Transfer Facility Project (Project) which will improve the
safety and efficiency of the movement and sorting of forest products
through Port Angeles in Port Angeles, Washington. In accordance with
the National Historic Preservation Act (NHPA) and its implementing
regulations, MARAD has determined that a Memorandum of Agreement
(Agreement) must be prepared in accordance with the requirements of the
NHPA in conjunction with the Project and invites public comments on the
Agreement.
DATES: All comments on the Agreement are due on or before January 9,
2025. MARAD will consider comments filed after this date to the extent
practicable.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit all comments by only one of the following ways:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert the docket number (MARAD-2024-0149) in the
keyword box and click ``Search.'' Select the ``Docket'' tab, locate the
Notice, and click on ``comment'' to begin the comment submission
process. Follow the online instructions.
<bullet> Mail: Dockets Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, D.C. 20590- 0001.
<bullet> Hand Delivery: W12-l40 of the Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590 between
9:00 a.m. and 5:00 p.m. E.T., Monday through Friday, except Federal
Holidays. The telephone number is 202-366-9329.
<bullet> Instructions: To properly identify your comments, please
include the agency name and the docket number at the beginning of your
comments. All comments received will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Wendy Coble, (202) 281-1046 or via
email at <a href="/cdn-cgi/l/email-protection#a9c4c8dbc8cd87c1c0daddc6dbd0e9cdc6dd87cec6df"><span class="__cf_email__" data-cfemail="a8c5c9dac9cc86c0c1dbdcc7dad1e8ccc7dc86cfc7de">[email protected]</span></a>. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 to contact the above individual during
business hours. The FIRS is available twenty-four hours a day, seven
days a week, to leave a message or question. You will receive a reply
during normal business hours. You may send mail to the Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of Transportation (DOT) awarded funds to the
Port of Port Angeles (Port) under the Fiscal Year 2022 Port
Infrastructure Development Program for the Intermodal Handling and
Transfer Facility Project. The project is located in Port Angeles,
Washington.
The project proposes to improve the safety and efficiency of the
movement and sorting of forest products through Port Angeles, including
the following project components:
<bullet> Site grading and resurfacing approximately 10 acres with
asphalt pavement;
<bullet> Installing aboveground biofiltration treatment system with
pretreatment tanks, biofiltration cell, polishing cell, and associated
aboveground piping and appurtenances.
MARAD has defined the Project's area of potential effects (APE) as
the footprint of the Project with a buffer around the adjacent
archaeological site 45CA523 (Tse-whit-zen), inclusive of the potential
physical, visual, and acoustic effects.
Identification of Historic Properties
The analysis conducted for this project included two archaeological
investigations in coordination with the Lower Elwha Klallam Tribe
(LEKT). The first investigation consisted of a pedestrian and
subsurface survey performed in 2017. The second investigation was
completed in 2020 under a State of Washington Archaeological Site
Alteration and Excavation Permit issued by the DAHP and consisted of
additional survey and subsurface testing. The archaeological materials
collected during the 2020 investigation are currently held in trust for
the LEKT at the Burke Museum in Seattle, Washington. As a result of
these investigations, the boundary of Tse-whit-zen was expanded into a
portion of the Log Yard, which was considered for this project and is
considered an Area of Interest for LEKT under the Agreement.
The APE also contains three previously recorded historic
archaeological resources including 45CA773 (railroad spur), 45CA796
(railroad spur), and 45CA797 (kiln stack/historic debris scatter), all
of which are within the project footprint. All three sites were
previously recommended not eligible for listing in the NRHP by the
Port's archaeological contractor because they lack integrity and are
not significant under any of the NRHP Criteria for Evaluation. The
sites do not have any association with significant events or people,
nor do they convey distinctive design or construction. Furthermore, the
sites were found to lack the potential to yield information important
to history by the Port's archaeological contractor. DAHP determined
that these three historic archaeological sites did not require
[[Page 92998]]
further consideration during archaeological testing of the Port's Log
Yard in 2020.
Affected Historic Properties
Tse-whit-zen (site 45CA523) is a village of continuous
uninterrupted use by the LEKT extending back for more than 2,700 years.
The village was used extensively as a year-round place of habitation,
as well as for traditional practices of sea mammal hunting, shellfish
harvesting, and open marine water fishing. A large cemetery and
numerous burials are associated with the village and the LEKT continues
to maintain a cemetery at the site.
The site has been the subject of extensive investigations and
documentation associated with the Washington State Department of
Transportation's (WSDOT's) Graving Dock Facility for the Hood Canal
Bridge Retrofit and Replacement Project, which was formally located on
parcels owned by WSDOT. Two of these parcels are now owned by the Lower
Elwha Klallam Tribe adjacent to the log yard.
Tse-whit-zen (45CA523) was listed in the National Register of
Historic Places (NRHP) at the local level of significance under
Criterion D in 2014. The period of significance is 300--2,700 years
before present. The site includes three contributing areas and two
noncontributing areas, which correspond with five distinct zones within
the site. The site boundary at the time of listing was contained
entirely within a Lower Elwha Klallam Tribe's parcel. However, it has
been determined that the site extends beyond its originally defined
boundaries.
Project Impacts on Historic Properties
Project design minimizes ground disturbance by paving and limiting
excavation to match areas where the new surface transitions to the
existing paved stormwater retention area on the east portion of the log
yard. Excavation will not exceed a depth of 12 inches. However,
regrading and resurfacing overlaps with the boundary of Tse-whit-zen
(45CA523), although it will not impact any portions of the site that
have been identified by previous archaeological investigations.
Accordingly, project activities will not physically alter the historic
property (site 45CA523). However, the project will introduce new visual
elements that diminish the overall integrity of setting, feeling, and
association for the historic property.
Adverse Effects, Avoidance, Minimization and Mitigation
MARAD, in coordination with SHPO and LEKT, determined that this
project would require the development of a Memorandum of Agreement to
address the adverse effects. As of this public notice, MARAD, SHPO, the
Port, and LEKT have all agreed to be signatories to the Agreement. The
draft Agreement is available for review by going to
<a href="http://www.regulations.gov">www.regulations.gov</a>, and search using docket number ``MARAD-2024-
0149.''
To mitigate these adverse effects the MARAD will ensure the
following measures are carried out by the Port:
<bullet> The Port will transfer to the LEKT ``Area of Interest''
identified during consultations, which is approximately 6.13 acres.
Prior to transfer, the Port will remove from the Protection Area the
existing storage warehouse building, office Conex, travel trailer,
truck weigh scale, existing paving, quarry spalls, and bark and woody
debris.
<bullet> Ground disturbing activities associated with this
undertaking will be monitored by a professional archaeologist in
accordance with the Project-specific Monitoring and Inadvertent
Discovery Plan (MIDP). The MIDP details the monitoring and discovery
protocols. The MIDP will incorporate the disposition provisions in
section 10 of the 4 Party Agreement. All monitoring activities will be
supervised by the Project Senior Archaeologist, who will meet the
Secretary of the Interior's (SOI) Professional Qualifications Standards
for Archeology (36 CFR part 61, 48 FR 44738). Additionally, the Port
will retain the services of a Tribal Cultural Resources Monitor from
the LEKT, who will observe the monitoring activities.
[cir] The Port, in consultation with LEKT, will obtain a State of
Washington Archaeological Site Alteration and Excavation Permit from
the DAHP to carry out the Undertaking, as determined necessary by DAHP.
[cir] The Port will retain the services of a professional
archaeologist who meets the Secretary of the Interior's Professional
Qualifications Standards for archaeology (36 CFR part 61), to monitor
all Project-related ground disturbing activities.
[cir] The Port will compensate LEKT Cultural Resource Monitors to
observe all Undertaking ground disturbing activities as invoiced by
LEKT.
<bullet> The LEKT will transfer to the Port the three stormwater
ponds that were constructed during the WSDOT Graving Dock project
(2003-2004). These ponds are located adjacent to the Northwest property
line of the LEKT's property. The footprint area of the three ponds is
approximately 0.80 acres.
[cir] The Port's use of the Ponds will be limited to stormwater
treatment and associated operation, maintenance, and repair. The Port's
ownership and use of the Ponds will satisfy the requirement that the
LEKT create a buffer from uses on adjoining property. Any alteration,
at any time in the future, of the Ponds will require written approval
by the LEKT. Ground disturbing work within the bottom footprint of the
Ponds will be subject to the requirements enumerated in section II.B.,
above. The Port will be able to perform vegetation maintenance without
notification.
<bullet> The Port will work cooperatively with the LEKT so that the
runoff from within LEKT's property can utilize the Ponds and discharge
to the harbor through the existing piping system. The Port will ensure
that its use of the Ponds will not interfere with or cause damage to
the burials located adjacent to the Ponds.
Public Participation
MARAD may provide additional information and documents concerning
the project. This information, along with any comments received, can be
found at the above docket number. Please check the notice specific
docket for this information. It is requested that all public comments
be submitted for consideration within 45 calendar days from the posting
of this notice.
If you submit a comment, please include the docket number for this
notice, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online as
described in the ADDRESSES section above. MARAD recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that MARAD can contact you if
there are questions regarding your submission.
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, the comments are searchable by the name of
the submitter. Anyone can search the electronic form of all comments
received into any of our
[[Page 92999]]
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). For information on DOT's compliance with
the Privacy Act, please visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
(Authority: 49 CFR 1.81 and 1.93; 36 CFR part 800; 5 U.S.C. 552b.)
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2024-27531 Filed 11-22-24; 8:45 am]
BILLING CODE 4910-81-P
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