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Home My WebLink AboutUS Coast Guard, WI State Historic Preservatrion Office, WI Central LTD Page 1of10 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD, THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE, AND WISCONSIN CENTRAL LTD. FOR THE REPLACEMENT OF THE WISCONSIN CENTRAL LTD. BRIDGE — NEENAH SUBDIVISION— M.P.173.20, OVER THE FOX RIVER, AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN WHEREAS, the Wisconsin Central Ltd. (WCL) has submitted an application to the Commander, Ninth Coast Guard District, for a federal bridge permit for the replacement of WCL Bridge — Neenah Subdivision —M.P. 172.20, over the Fox River, at Oshkosh, Winnebago County, Wisconsin (BRIDGE); and WHEREAS, the United States Coast Guard (USCG) has established the project's area of potential effect, as defined in 36 CFR §800.16, to be the BRIDGE proper; and WHEREAS, the USCG, pursuant to 36 CFR §800.4(c), has determined that the BRIDGE is eligible for listing in the National Register of Historic Places; and WHEREAS, the USCG has determined that the replacement of the BRIDGE will have an adverse effect on the historic character of the BRIDGE pursuant to 36 CFR §800.5(a); and WHEREAS, the USCG has consulted with the Wisconsin State Historic Preservation Office (SHPO) in accordance with Section 106 of the National Historic Preservation Act, 16 U.S.C. 470 (NHPA) and its implementing regulations (36 CFR §800) to resolve the adverse effect on the BRIDGE; and WHEREAS, the Fox River Navigational System Authority, Fox - Wisconsin Heritage Parkway, Friends of the Fox, and the City of Oshkosh have participated as consulting parties in the consultation and have been invited to concur in this Memorandum of Agreement (MOA); and NOW, THEREFORE, the USCG, SHPO, and WCL agree that upon execution of this MOA, WCL will perform pursuant to the following stipulations: STIPULATIONS A. Prior to the removal of the BRIDGE, WCL will conduct Level 11 Historic American Buildings Survey /Historic American Engineering Record (HABS /HAER) photo documentation to accurately record the features of the BRIDGE. The original documentation set will be archived at the Wisconsin Historical Society. 1. WCL will ensure that all HABS/HAER photo documentation will, at a minimum, meet the standards set forth in the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation. 2. WCL will submit the HABS /HAER photo documentation to the SHPO, which will consist of digital images that conform to the SHPO guidelines of November 2008. 3. The SHPO will determine whether the HABS /HAER photo documentation meets the standards stipulated. B. Prior to the alteration of the BRIDGE, WCL will conduct Level II and /or Level III HABS /HAER drawings, as directed by its approved consultant, to accurately record the features of the BRIDGE, and that the information contained in these documents will meet with the approval of the SHPO. Page 2 of 10 C. Digital and photocopies of the completed HABS /HAER documentation set will be provided to all parties to this agreement. D. Prior to the removal of the bridge, the WCL will ensure that parties to this MOA will have the opportunity to submit curation plans for the ring girder assembly and /or an approach truss. Each prospective curator shall submit a curation plan to the WCL by July 1, 2011, for consideration. The plan shall identify the proposed new owner and the ultimate location for the bridge element(s). The WCL will evaluate any curation plans and accept the viable plan(s) by August 1, 2011. The WCL will be responsible for removing the elements from the structure and delivering them by barge to a location controlled by the curator along the river within one - quarter mile west of the bridge. The curator is responsible for unloading the elements from the barge. When the move is completed, the WCL will provide legal title to the curator and the curator will be required to release the WCL for any liability associated with the element. If there is no curator for the 1899 date plaques above the portals and any historic builder's plates, the WCL will salvage these items. E. Within two years after the removal of the bridge, the WCL will develop an interpretive display in consultation with the parties to this agreement. The display will incorporate one of the 1899 date plaques that was salvaged per Stipulation D. It will also include an interpretive panel that discusses the history of the bridge, its role in the economic development of the city, and its influence on the community near its present location. F. WCL may not proceed with replacement of the BRIDGE until all required permits and permissions to proceed are received. ADDITIONAL PROVISIONS t. Dispute Resolutions Should any signatory or concurring party to this MOA object at any time to any actions proposed or the manner in which terms of this MOA are implemented, USCG shall consult with such party to resolve the objection. If USCG determines that such objection cannot be resolved, USCG will: A. Forward all documentation relevant to the dispute, including the USCG's proposed resolution, to the Advisory Council on Historic Preservation (ACHP). The ACHP shall provide USCG with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, USCG Shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP and signatories, and provide them with a copy of this written response. USCG will then proceed according to its final decision. B. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period, USCG may make a final decision on the dispute and proceed accordingly. Prior to proceeding, USCGG shall notify the parties to this MOA of its decision regarding the dispute. C. USCG's responsibility to carry out all other actions subject to the terms of this MOA that are not subject to the dispute remain unchanged.. 11. Review of Public Objectives At any time during the implementation of the measures stipulated in this MOA, should an objection to any such measure or its manner of implementation be raised by a member of the public, the parties shall consult as needed to resolve the objection. 1 Page 3 of 10 111. Amendments Any party to this MOA may propose that the MOA be amended, whereupon the parties to this MOA shall consider such an amendment. The MOA may only be amended by the written agreement of all parties. IV. Termination A. Proof of completion of the documentation required in the Stipulations, accepted by the SHPO, will constitute termination of this MOA. B. If the terms of this MOA have not been implemented two years after execution, this MOA will be null and void. In such an event, WCL shall notify the SHPO of its expiration, and if appropriate, shall re- initiate review of the undertaking in accordance with 36 CFR §800. C. Any signatory party to this MOA may withdraw from it by providing thirty (30) days notice to the other parties, provided that the parties will consult during the period prior to withdrawal to seek agreement on amendments or other actions that would avoid withdrawal. In the event of termination, or withdrawal, WCL will comply with the federal regulation 36 CFR §600, Protection of Historic Properties. Execution and implementation of this MOA is evidence that Wisconsin Central Ltd. and the United States Coast Guard have satisfied their responsibilities under Section 106 of the National Historic Preservation Act. Page 4 of 10 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD, THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE, AND WISCONSIN CENTRAL LTD. FOR THE REPLACEMENT OF THE WISCONSIN CENTRAL LTD. BRIDGE NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER, AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN SIGNATORIES: UNITED STATES COAST GUARD By: ( .J .4. ---- _____,An,$ `,95T .c 41,„i r r' Date: r,3 /. / �' Bn1$n / Wain, U.S. Coast Guard Page 5 of 10 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD, THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE, AND WISCONSIN CENTRAL LTD. FOR THE REPLACEMENT OF THE WISCONSIN CENTRAL LTD. BRIDGE NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER, AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN SIGNATORIES: WISCONSIN STATE HISTORIC PRESERVATION OFFICE By: J 17 Date: 3 Page 6 of 10 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD, THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE, AND WISCONSIN CENTRAL LTD. FOR THE REPLACEMENT OF THE WISCONSIN CENTRAL LTD. BRIDGE NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER, AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN SIGNATORIES: WISCONSI E TRAL LTD. tre Date: 7-a-17 By: / X .446 ( mi lie1iz} " vNje ( Page 7 of 10 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD, THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE, AND WISCONSIN CENTRAL LTD. FOR THE REPLACEMENT OF THE WISCONSIN CENTRAL LTD. BRIDGE NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER, AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN CONCURRING PARTIES: Fox River Navigational System Authority � B �� Date: 2 C'--- l Page 8 of 10 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD, THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE, AND WISCONSIN CENTRAL LTD. FOR THE REPLACEMENT OF THE WISCONSIN CENTRAL LTD. BRIDGE NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER, AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN CONCURRING PARTIES: Fox - Wisconsin Heritage Parkway By: ��. / Date: �/ -7//1 Page 9 of 10 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD, THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE, AND WISCONSIN CENTRAL LTD. FOR THE REPLACEMENT OF THE WISCONSIN CENTRAL LTD. BRIDGE NEENAH SUBDIVISION --M.P. 173.20, OVER THE FOX RIVER, AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN CONCURRING PARTIES: Friends of the Fox By: IOLc Date: 1 /1 Page 10 of 10 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD, THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE, AND WISCONSIN CENTRAL LTD. FOR THE REPLACEMENT OF THE WISCONSIN CENTRAL LTD.BRIDGE NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER, AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN CONCURRING PARTIES: City of Oshkosh ki. By � Date: f IE