scholarly journals Alternative Mitigation to Counter Resource Losses from the Lake Cumberland Drawdown, Kentucky

2020 ◽  
Vol 8 (3) ◽  
pp. 299-306 ◽  
Author(s):  
Valerie J. McCormack ◽  
Kary Stackelbeck

ABSTRACTThis article presents a case study of the process of developing and implementing mitigation as the result of adverse effects to cultural resources from the drawdown of Lake Cumberland, Kentucky. Signs of a dam failure in early 2007 triggered the U.S. Army Corps of Engineers (Corps) to implement the emergency drawdown. While the drawdown prevented a life safety catastrophe, it created a new erosion zone and exposed archaeological sites to looters. When it became clear that conventional Section 106 procedures to identify and evaluate these endangered archaeological resources were not an option, alternative and creative mitigation became a necessary approach for the Corps to meet its obligations under the National Historic Preservation Act. This article discusses the creative brainstorming among the Corps, Kentucky state historic preservation officer, and tribes that led to three alternative mitigation measures aimed at educational outreach, raising public awareness, and staff training. Furthermore, the article identifies challenges encountered during the implementation of the mitigation measures. Through the presentation of our mitigation journey, we share some of our lessons learned to improve awareness of the challenges and successes one may encounter during the execution of such alternative measures.

Author(s):  
Tony Scott ◽  
Amanda Kloepfer

Gray & Pape, Inc., of Houston, Texas, conducted an intensive pedestrian cultural resources survey of jurisdictional portions of survey corridor within a proposed pipeline alignment measuring a total of approximately 30 kilometers (18.5 miles) located in Harris and Liberty Counties, Texas. The pipeline route is on privately-owned property; therefore, a Texas Antiquities Permit was not required prior to survey. In total, the surveyed property totals approximately 2.8 hectares (7 acres) which defines the Area of Potential Effects. The goals of the survey were to establish whether or not previously unidentified archaeological resources were located within the project area, also defined as the project’s Area of Potential Effects, and whether the pipeline alignment would affect any previously identified cultural resources. The lead agency for the project has been identified as the United States Army Corps of Engineers, Galveston District. The procedures to be followed by the United States Army Corps of Engineers to fulfill the requirements set forth in the National Historic Preservation Act, other applicable historic preservation laws, and Presidential directives as they relate to the regulatory program of the United States Army Corps of Engineers (33 CFR Parts 320-334) are articulated in the Regulatory Program of the United States Army Corps of Engineers, Part 325 -Processing of Department of the Army Permits, Appendix C -Procedures for the Protection of Historic Properties. All fieldwork and reporting activities were completed following accepted standards set forth by the Texas Historical Commission and the Council of Texas Archeologists and in accordance with Section 106 of the National Historic Preservation Act. Fieldwork took place in March 2019 and required 32 work hours to complete. Field investigation consisted of intensive pedestrian inspection, subsurface shovel testing, photographic documentation, and mapping. A total of 20 shovel tests were excavated, of which none were positive for buried cultural materials. No historic structures were identified as a result of survey. Based on the results of the survey, Gray & Pape, Inc. recommends that no further cultural resources work be required and that the project be cleared to proceed as currently planned.


Author(s):  
Tony Scott ◽  
Amanda Kloepfer

Gray & Pape, Inc., of Houston, Texas, on behalf of Lone Star NGL Pipeline, LP, conducted an intensive pedestrian cultural resources survey within permitted areas of the 142.27-kilometer (88.4mile) long Lone Star Express II Pipeline Project – Loop 3, in Eastland, Comanche, Erath, and Bosque Counties, Texas. The lead agency for the project has been identified as the United States Army Corps of Engineers, Fort Worth District (Permit No. SWF-2019-00091). Thus, survey efforts concentrated on areas anticipated to be under the jurisdiction of the United States Army Corps of Engineers (permit areas). Within Loop 3, the total Area of Potential Effects within the permit areas measures approximately 209.9 hectares (518.6 acres). This area encapsulates approximately 52.8 kilometers (32.8 miles) of proposed project alignment. The procedures to be followed by the United States Army Corps of Engineers to fulfill the requirements set forth in the National Historic Preservation Act, other applicable historic preservation laws, and Presidential directives as they relate to the regulatory program of the United States Army Corps of Engineers (33 CFR Parts 320-334) are articulated in the Regulatory Program of the United States Army Corps of Engineers, Part 325 - Processing of Department of the Army Permits, Appendix C - Procedures for the Protection of Historic Properties. All fieldwork and reporting activities were completed according to a scope of work submitted to the United States Army Corps of Engineers and the Texas Historical Commission and accepted standards set forth by the Texas Historical Commission and the Council of Texas Archeologists and in accordance with Section 106 of the National Historic Preservation Act. A records and literature review of the project location prior to survey identified 13 previously recorded archaeological sites, four historic markers, five cemeteries, and five previously conducted surveys within a 0.8-kilometer (0.5-mile) radius of Loop 3. Of those, the mapped locations for one recorded archaeological site and three previous surveys intersect the project corridor. An additional three archaeological sites are located within 91 meters (300 feet) of the project’s Areas of Potential Effects. Fieldwork on Loop 3 was conducted in the Spring of 2019 with supplemental survey in August, October, and November of 2019 and required approximately 3,680-person hours to complete. Survey involved archaeological reconnaissance and shovel testing throughout anticipated permit areas within the project corridor. In total, approximately 901 shovel tests were excavated within permit areas, of which four were positive for cultural material. No portions of previously recorded resources: 41ER48, 41ER49, 41ER50, or 41ER56, were re-identified; however, two new previously unrecorded resources, 41BQ358 and 41BQ359, and one isolate, BQ-07-ISO-01, were discovered. The newly recorded resources consist of sparse Prehistoric lithic scatters, consisting mainly of debitage and lacking temporally or culturally diagnostic artifacts. The lone diagnostic artifact, Isolate BQ-07-ISO-01, consists of an Ellis or Godley type projectile point dating to the Late to Transitional Archaic. The resource areas within the pipeline corridor showed clear disturbance from the adjacent pipeline right-of-way. Indications of soil deflation, erosion, and past land modifications such as agriculture or terracing were also observed. Further, Resource 41BQ358 and Isolate BQ-07-ISO-01 are located on very spatially limited topographic settings surrounded by slopes of 30 degrees or greater. The workspace at the location of 41BQ359 has been revised to avoid the site thus removing it from permitting. The workspace where it passes the site will be marked by orange fencing. Shovel test results at nearly all permit areas identified subsoils, cemented soils, or bedrock. Alarm Creek in Erath County, Permit Area Number 65, was targeted for deep testing based on geomorphological data, and field results and discussions with the field archaeologist. Deep test results indicated a lack of deeply buried A horizon soils and showed no potential for deeply buried cultural material or paleosols. No cultural features or historic-age standing resources were encountered in the field. No artifacts were collected as a result of survey. It is the opinion of Gray & Pape Inc. that none of the recorded resources retain the potential to provide significant research value and are thus recommended not eligible for the National Register, under Evaluation Criterion D. In addition, the resources are recommended not eligible for State Antiquities Landmark status. Gray & Pape, Inc. recommends no additional archaeological work for these resources or surveyed portions of the project. However, Gray & Pape, Inc. recommends that an unanticipated discoveries plan be put into place in the event that such discoveries take place during construction.


Author(s):  
Tony Scott ◽  
Amanda Kloepfer

Gray & Pape, Inc., of Houston, Texas, on behalf of Lone Star NGL Pipeline, LP, conducted an intensive pedestrian cultural resources survey within permitted areas of the 174.36-kilometer (108.34-mile) long Lone Star Express II Pipeline Project – Loop 1, in Midland, Martin, Howard, Mitchell, and Nolan Counties, Texas. The lead agency for the project has been identified as the United States Army Corps of Engineers, Fort Worth District (Permit No. SWG-2019-00091). Thus, survey efforts concentrated on areas anticipated to be under the jurisdiction of the United States Army Corps of Engineers (permit areas). Within Loop 1, the total Area of Potential Effects within the permit areas measures approximately 125.6 hectares (310.3 acres). This area encapsulates approximately 29.6 kilometers (18.4 miles) of proposed project alignment. In addition, approximately 2.3 kilometers (1.4 miles) or 8.9 hectares (21.9 acres) of the proposed route are controlled by the City of Colorado City and thus required the issuance of a Texas Antiquities Code Permit. Permit number 8896 was issued for the project. The procedures to be followed by the United States Army Corps of Engineers to fulfill the requirements set forth in the National Historic Preservation Act, other applicable historic preservation laws, and Presidential directives as they relate to the regulatory program of the United States Army Corps of Engineers (33 CFR Parts 320-334) are articulated in the Regulatory Program of the United States Army Corps of Engineers, Part 325 - Processing of Department of the Army Permits, Appendix C - Procedures for the Protection of Historic Properties. All fieldwork and reporting activities were completed according to a scope of work submitted to the United States Army Corps of Engineers and the Texas Historical Commission and accepted standards set forth by the Texas Historical Commission and the Council of Texas Archeologists and in accordance with Section 106 of the National Historic Preservation Act. Gray & Pape, Inc. submitted project records to the Center of Archaeological Studies at Texas State University. A records and literature review of the project location prior to survey identified 62 previously recorded archaeological resources, one cemetery, one historic marker, and 22 previously conducted surveys within a 0.8-kilometer (0.5-mile) radius of the Loop 1 segment. Of those, 10 recorded archaeological resources and six previous surveys intersect anticipated permit areas. Fieldwork on Loop 1 was conducted in the Spring of 2019 with supplemental survey in July, August, and September 2019. Survey of Loop 1 required approximately 1,200 Gray & Pape, Inc. person-hours to complete and involved archaeological reconnaissance and shovel testing throughout anticipated permit areas within the project corridor. In total, approximately 664 shovel tests were excavated within permit areas, 25 of which were positive for cultural materials. An additional 122 shovel tests were conducted as part of resource delineation efforts. Field effort also included the excavation of a total of 13 deep tests. Nine previously recorded resources: 41NL6, 41NL313, 41NL314, 41NL315, 41NL316, 41NL320, 41NL321, 41NL323, and 41NL326; eight new previously unrecorded resources: 41HW142, 41MH128, 41MH130, 41NL377, 41NL378, 41NL379, 41NL380, and 41NL392; and four isolate finds were identified within Loop 1 permit areas. An additional 10 previously recorded resources: 41MD41, 41HW8, 41HW104, 41HW105, 41HW106, 41NL310, 41NL312, 41NL322, 41NL324, and 41NL325; and one newly identified resource, 41MH129, were identified within the Area of Potential Effects but outside of jurisdictional areas. These sites largely exhibited surface scatters of lithics which are typical for the area and were consistent with the resources identified within jurisdictional permit areas.


Author(s):  
Laura Acuna ◽  
Brandon Young ◽  
Rhiana Ward

On behalf of VRRSP Consultants, LLC and Central Texas Regional Water Supply Corporation (CTRWSC), SWCA Environmental Consultants (SWCA) conducted cultural resources investigations of the Vista Ridge Regional Water Supply (Vista Ridge) Project in Burleson, Lee, Bastrop, Caldwell, Guadalupe, Comal, and Bexar Counties. The work will involve installation of a 139.45-mile-long, 60-inch-diameter water pipeline from northcentral San Antonio, Bexar County, Texas, to Deanville, Burleson County, Texas. The report details the findings of investigations from June 2015 to December 2015, on the alignment dated December 8, 2015 (December 8th). The Vista Ridge Project is subject to review under Section 106 of the National Historic Preservation Act (54 USC 306108) and its implementing regulations (36 CFR 800), in anticipation of a Nationwide Permit 12 from the U.S. Army Corps of Engineers in accordance with Section 404 of the Clean Water Act. In addition, the work is subject to compliance with the Antiquities Code of Texas under Permit Number 7295, as the Vista Ridge Project will be ultimately owned by a political subdivision of the State of Texas. The cultural resources investigations included a background review and intensive field survey. The background review identified previous investigations, recorded archaeological sites, National Register of Historic Places (NRHP) properties, cemeteries, standing structures, and other known cultural resources within a 0.50-mile radius of the project area. The field investigations conducted from June 2015 through December 2015 assessed all accessible portions of the proposed December 8th alignment as of December 25, 2015. Approximately 101.8 miles of the 139.45-mile alignment has been surveyed. Approximately 24.42 miles were not surveyed based on the results of the background review and extensive disturbances as confirmed by vehicular survey. The remaining 13.23 miles that require survey were either unavailable due to landowner restrictions or part of a newly adopted reroute. SWCA also surveyed additional mileage, which includes rerouted areas that are no longer part of the December 8th alignment. The inventory identified 59 cultural resources, including 52 archaeological sites and seven isolated finds. In addition to newly recorded resources, two previously recorded archaeological sites were revisited, and two cemeteries were documented. Of the 52 newly recorded archaeological sites, seven are recommended for further work or avoidance. Of the two revisited archeological sites, one is recommended for further work or avoidance within the project area. Avoidance is recommended for both documented cemeteries. The resources with undetermined eligibility require additional testing or other avenues of research before SWCA can make a firm recommendation about their eligibility for nomination to the NRHP and designation as State Antiquities Landmarks (SALs). As part of a management strategy, the resources with undetermined eligibility may also be avoided by reroute or boring beneath. The remaining 45 cultural resources are recommended not eligible for inclusion to the NRHP or for designation as SALs and no further cultural resources investigations or avoidance strategies are recommended.


Author(s):  
Catherine Jalbert ◽  
Jennifer Kimbell

Terracon Consultants, Inc. (Terracon) was retained by IDS Engineering Group (Client) to conduct an intensive pedestrian survey for the proposed Horsepen Bayou Conveyance Improvements project in Houston, Harris County, Texas. Terracon previously conducted a cultural resources desktop assessment for the Client, which was coordinated with the Texas Historical Commission (THC) on March 4, 2019. Since the proposed undertaking will occur on land owned or controlled by a political subdivision of the State of Texas (Harris County Flood Control District), this project was subject to the Antiquities Code of Texas (Texas Natural Resources Code, Title 9, Chapter 191). Additionally, since future phases of this project will trigger regulatory oversight through coordination with the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act, it will be subject to provisions of Section 106 of the National Historic Preservation Act (NHPA) (54 USC § 306101). This project was conducted under Antiquities Permit #8974. The project area comprises an approximate six-mile reach along Horsepen Bayou, and associated tributaries, and an approximate 73-acre undeveloped tract. Fieldwork, consisting of pedestrian survey and shovel testing, was conducted from July 22 to July 26, 2019 by Catherine Jalbert (Project Archeologist), Edgar Vazquez (Staff Archeologist), and Michael Hogan (Staff Archeologist), under the oversight of Jennifer Hatchett Kimbell, who served as the Principal Investigator. The report was authored by Catherine Jalbert and Jennifer Hatchett Kimbell. The proposed project area was investigated in compliance with Texas Historical Commission (THC) and Council of Texas Archeologists (CTA) guidelines for archeological survey. No cultural resources were observed within the project area. One property, NASA’s Sonny Carter Training Facility/Neutral Buoyancy Laboratory (Building 920) is adjacent to the project area and has been determined eligible for listing to the National Register of Historic Places (NRHP). However, the THC has determined that the project will have no adverse effect on this property. Considering the absence of other observed cultural resources eligible for inclusion on the NRHP within the project area, Terracon recommended that the proposed project be allowed to proceed as currently designed. The THC concurred with this recommendation on October 4, 2019, and consequently no additional work is required at this time. In the event that human remains or cultural features are discovered during construction, those activities should cease in the vicinity of the remains and Terracon, the THC’s Archeology Division, or other proper authorities should be contacted.


Author(s):  
Tony Scott ◽  
Jacob Hilton

Gray & Pape, Inc. was contracted to conduct a cultural resources survey for a proposed pipeline project. The project is a 14-inch pipeline from Praxair Freeport Plant to the Phillips 66 Clemens Storage Cavern located near Freeport, Texas. The project route measures approximately 28.0 kilometers (17.4 miles). The project’s Area of Potential Effect is the entire alignment route within a survey corridor of 91.4 meters (300 feet). This amounts to approximately 252 hectares (622 acres). Subsequent workspace revisions resulted in an additional 25.7 hectares (63.4 acres) or 2.6 kilometers (1.6 miles) of workspace, documented in Appendix C of this final report. The pipeline will be collocated with several existing pipelines in a well-maintained corridor for the entire length. The Project is part of a Nationwide 12 permit for which the Lead Federal Agency is the United States Army Corps of Engineers, Galveston District. The procedures to be followed by the United States Army Corps of Engineers to fulfill the requirements set forth in the National Historic Preservation Act, other applicable historic preservation laws, and Presidential directives as they relate to the regulatory program of the United States Army Corps of Engineers (33 CFR Parts 320-334) are articulated in the Regulatory Program of the United States Army Corps of Engineers, Part 325 -Processing of Department of the Army Permits, Appendix C -Procedures for the Protection of Historic Properties. Approximately 3.6 kilometers (2.25 miles) of the project length is located within property owned by the Texas Department of Criminal Justice, Clemens Prison Unit, which necessitated the procurement of a permit subject to the Antiquities Code of Texas. Permit Number 8666 was assigned to the project on December 4, 2018. As required under the provisions of Texas Antiquities Code Permit, all project records are housed at the Center for Archaeological Studies at Texas State University, San Marcos, Texas. The goals of this study were to assist the client, the Texas Historical Commission, and other relevant agencies in determining whether intact cultural resources were present within areas planned for construction, and if so to provide management recommendations for these resources. All work conducted by Gray & Pape, Inc. followed accepted guidelines and standards set forth by the Texas Historical Commission and the Council of Texas Archeologists. Prior to field investigation, site file research was used to develop a cultural context for the study. This research resulted in a listing of all archaeological sites and National Register properties within 1.6 kilometers (1 mile) of the project area, as well as a discussion of archaeological potential within the tract. Previous surveys conducted by HRA Gray & Pape, LLC and other firms overlap approximately 6.1 kilometers (3.8 miles) / 55.4 hectares (137 acres) of the current project’s corridor. These surveys were undertaken from between 2012 to 2013. These areas along with an additional 2.8 kilometers (2 miles) / 28.9 hectares (71.3 acres) of highly disturbed pipeline corridor were subjected to visual reconnaissance survey only. Another 3.0 kilometers (1.9 miles) / 27.5 hectares (68 acres) of the project is located within highly industrial areas of DOW property and was subjected to desktop assessment and determined to be of low potential for containing intact cultural materials. No further work is recommended for these areas. No new cultural resources were discovered during the survey. Gray & Pape, Inc. recommends no survey within these portions due to the highly disturbed conditions. Intensive pedestrian survey was completed on those portions of the current project that fall outside of the previous survey coverage or that have potential to impact previously unidentified sites. This amounts to 15.6 kilometers (9.7 miles) / 140 hectares (346 acres). As a result of survey efforts, one previously unrecorded archaeological site was identified during survey efforts. As currently mapped, the site is overlapped by an existing pipeline corridor and does not retain integrity within the project right-of-way. Gray & Pape, Inc. recommends that no further investigation be necessary within the surveyed portions of the project.


2018 ◽  
Vol 24 (1) ◽  
pp. 75-88 ◽  
Author(s):  
Georgette Hlepas ◽  
Vanessa Bateman

Abstract The U.S. Army Corps of Engineers (USACE) maintains a lessons-learned goal for all major projects to capture knowledge gained. The focus of the formal lessons-learned process is to share knowledge and experience nationwide improving USACE contracting methodologies, reducing overall costs, and improving designs. This continuous improvement can be seen in the evolution of USACE barrier wall construction designs and contracting methods. From the first Wolf Creek Dam barrier wall installed in the 1970s to the more recent Bolivar and East Branch Dam barrier wall projects, documentation and sharing of lessons learned in areas such as grouting, data management, and quality assurance procedures have increased the efficiency and effectiveness of barrier wall designs, monitoring, and contract specifications. Contractual philosophy, use of pre-grouting treatment, verification methods, and data management processes have all changed due to lessons learned and have enabled the USACE to improve the overall end product of barrier wall projects.


1998 ◽  
Vol 20 (3) ◽  
pp. 5-8
Author(s):  
Gail Thompson

Proposed construction and development projects that require Federal permits are subject to review under Section 106 of the National Historic Preservation Act, which requires that the Federal decision-maker take into account the project's potential effects on cultural resources listed or eligible for listing in the National Register of Historic Places. Over the years and especially after 1990 when the National Park Service released Bulletin 38, Guidelines for Evaluating and Documenting Traditional Cultural Properties (TCPs), Section 106 review has increased the consideration of designating TCPs and consultation with the Indian tribal organizations that value them. Bulletin 38 defines TCPs as places that have been historically important in maintaining the cultural identify of a community.


2020 ◽  
pp. 127-170
Author(s):  
Michael D. McNally

This chapter explores what results when Native peoples articulate religious claims in the language of culture and cultural resources under environmental and historic preservation law. It argues that cultural resource laws have become more fruitful in two respects. First, there is more emphatic insistence on government-to-government consultation between federal agencies and tribes. Second, in 1990, National Historic Preservation Act regulations were clarified by designating “Traditional Cultural Properties” as eligible for listing on the National Register of Historic Places and in 1992, that law was amended to formally engage tribal governments in the review process. In light of these developments, protection under the categories of culture and cultural resource have proved more capacious for distinctive Native practices and beliefs about sacred lands, but it has come at the expense of the clearer edge of religious freedom protections, while still being haunted, and arguably bedraggled, by the category of religion from which these categories ostensibly have been formally disentangled.


Author(s):  
Janet D'Ignazio ◽  
Kathryn McDermott ◽  
Bill Gilmore ◽  
Chris Russo

Even before FHWA's focus on ecosystem conservation as part of its vital goals, the North Carolina Department of Transportation (NCDOT) had begun to examine how and where compensatory mitigation was being implemented in the state. Over the past 4 years, NCDOT, the North Carolina Department of Environment and Natural Resources, and the U.S. Army Corps of Engineers–Wilmington District have partnered to redesign the mitigation process with one goal in mind: to create a compensatory mitigation program that delivers guaranteed environmental benefits. The result of these efforts is the Ecosystem Enhancement Program (EEP). Instead of focusing on individual highway project impacts, the EEP concept revolves around watershed plans and considers cumulative impacts associated with a given watershed. Accordingly, EEP provides cumulative mitigation for cumulative impacts. It was clear from the start that EEP was going to change fundamentally the goals, approach, and structure of providing mitigation in North Carolina. Although the mitigation experts knew how the mitigation process needed to change, they lacked expertise in how to manage that change. Not surprisingly, this has presented several hurdles that the sponsoring agencies are still trying to scale today. As implementation moves forward, many valuable lessons are being learned, which are laying the groundwork for successful change. This paper describes the origins of the EEP concept, outlines the implementation processes, discusses “change barriers” experienced and lessons learned, and provides an EEP progress report 2 years into the program's implementation.


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