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HomeMy WebLinkAboutContract 59755CSC No. 59755 MEMORANDUM OF AGREEMENT AMONG THE UNITED STATES ARMY, CORPS OF ENGINEERS, FORT WORTH DISTRICT,. THE TEXAS STATE HISTORIC PRESERVATION OFFICER, CITY OF FORT WORTH REGARDING THE FORT WORTH SEWER M-338B & M-280B SLOPE STABILIZATION LOCATED IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Permit Number: SWF-2016-00180 WHEREAS, the United States Army Corps of Engineers, Fort Worth District (USACE), the lead Federal agency, authorized a USACE permit under Section 404 of the Clean Water Act for the construction of slope stabilization called the Fort Worth Sewer M-338B & M-280B Slope Stabilization Project (Project) by the City of Fort Worth (CFW); and WHEREAS, the CFW has completed construction of the Project, located in the City of Fort Worth, Tarrant County, Texas (see maps in Appendix A); and WHEREAS, the constructed activity that required a USACE permit pursuant to Section 404 of the Clean Water Act constitutes an undertaking (Undertaking) under Section 106 of the National Historic Preservation Act (NHPA) of 1966 (as amended); and WHEREAS, the USACE, in consultation with the Texas State Historic Preservation Officer (SHPO), considered the potential effects of the Project as provided in 33 CFR 325, Appendix C and 36 CFR 800 and established an Area of Potential Effects (APE) for direct effects to include the 0.934-acre permit area and impacts to waters of the U.S.; and WHEREAS, in a letter dated May 24, 2021, the USACE stated that site 41 TR314 (the Violet site) is a known historic property, and USACE determined that CFW is in violation of Special Condition number 2 for archeological monitoring as required in the USACE permit authorization; and, WHEREAS, the constructed Project is in violation with Special Condition number 2 for archeological monitoring in the USACE permit authorization dated March 3, 2020, and the Project requires corrective measures for compliance with Section 404 of the Clean Water Act, which includes this Memorandum of Agreement (MOA) for the treatment of adverse effects to historic properties; and WHEREAS, CFW has completed a summary report dated June 29, 2021, and titled M-338B & M- 280B Slope Stabilization TAP #7984/SWF-2016-00180 Cease and Desist, which reported that construction of the Project removed previously recorded archeological site 41TR314, located inside of the direct effects APE with a determination of eligible for the National Register of Historic Places (NRHP), and that the Project had constructed across other areas with high potential for historic properties without archeological monitoring; and, WHEREAS, USACE and the SHPO invited CFW to participate in the consultation and to join this MOA as an Invited Signatory; and WHEREAS, the USACE has consulted with the Comanche Nation of Oklahoma, Kiowa Tribe of Oklahoma, Tonkawa Tribe of Oklahoma, Lipan Apache Tribe of Texas, and Wichita and Affiliated Tribes, and invited them to sign this MOA; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX WHEREAS, USACE, in accordance with 33 CFR 325, Appendix C(2) and 36 CFR 800.2(c), the USACE has identified consulting parties, sought their views on the effects of site 41 TR314, and provided them with documentation of the adverse effects and the proposed mitigation measures (as well as the public outreach component), including review of this MOA; and WHEREAS, USACE, in accordance with 33 CFR 325, Appendix C(7)(d) and 36 CFR 800.6(a)(1), notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation, and the ACHP chose not to participate in the consultation pursuant to 36 CFR 800.6(a)(1)(iii); and, WHEREAS, the USACE, the SHPO, and CFW agreed to accomplish compliance with Section 106 through the development and execution of this MOA, and to ensure that CFW provides mitigation for the adverse effects to site 41TR314, and to ensure that CFW adheres to the Mitigation Plan appended to this MOA (Appendix B), and this MOA will be a corrective measure as required by USACE; and NOW, THEREFORE; the USACE, the SHPO, and CFW agree that the Project shall be implemented in accordance with the following stipulations in order to take into account the effect of the Project on site 41 TR314 to satisfy the USACE's Section 106 responsibilities for this Project. STIPULATIONS The USACE will ensure that the following stipulations are carried out by CFW to mitigate for adverse effects to archeological site 41 TR314 that resulted from construction of the Project. RESOLUTION OF ADVERSE EFFECT A. Minimization a. The project has been completed and only a small portion of the site was impacted by direct effects. The majority of the site remains intact and outside of the project area. The stabilization project further protects the site from being eroded away by the river. Additional details are presented in the Mitigation Plan (Appendix B). B. Mitigation Task 1: Donation to the Friends of the Texas Historical Commission for the development of a Texas Archeological Sites Atlas (TASA) internship program. Approximately 55% ($80,755.95) of the funds will be spent on this task in order to aid in the creation and digitization of archeological content for the TASA. Task 2: Donation to the Texas Beyond History (TBH) website. Approximately 15% ($22,024.35) of the funds will be spent on this task to aid TBH in the creation of North Texas archeological content. Task 3: Regulatory Training for City of Fort Worth staff. Approximately 20% ($29,365.80) of the funds will be spent on the development and execution of a training event to educate City staff on Section 404 permitting, Section 106 of the National Historic Preservation Act (NHPA), and the Antiquities Code of Texas (ACT). 2 Task 4: Production of Texas Archeology Month Public Outreach Kits to be donated to the Friends of the Texas Historical Commission or local archeological societies. The final 10% ($14,682.90) of funds will be dedicated to using archeological staff time and material costs to produce 1,000 kits. II. CURATION AND DISPOSITION OF MATERIALS, RECORDS AND REPORTS A. Curation. CFW shall ensure that materials and associated records as required by the Mitigation Plan (Appendix B) in this MOA, are accessioned into a curatorial facility that meets standards set forth in 36 CFR 79 — Curation of Federally -owned and Administered Archaeological Collections or, for state -associated held -in -trust collections, has been certified by the Texas Historical Commission in accordance with Title 13, Part 2, Chapter 29 Management and Care of Collections of the Texas Administrative Code. B. Reports. CFW shall provide copies of final documentation as required in the Mitigation Plan to the signatory's documenting completion/fulfillment of each mitigation task. The signatories shall withhold from the public all site location information and other data that may be of a confidential or sensitive nature pursuant to 33 CFR 325, Appendix C(4)(c) and 36 CFR 800.11(c). III. PROFESSIONAL QUALIFICATIONS All historic preservation -related investigations and Mitigation Plan requirements specified in this Agreement shall be carried out by Principal Investigators meeting the pertinent professional qualifications of the SOI's Professional Qualification Standards (36 CFR Part 61) in a discipline appropriate for the task and the nature of the historic properties. IV. DISPUTE RESOLUTION Should any Signatory to this MOA object within thirty (30) calendar days upon receipt of any plans or other documents, pursuant to this MOA, provided by USACE, the SHPO, and CFW, or object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, the objector is encouraged to consult the other signatories in resolving the objection. If the USACE determines that such objection cannot be resolved, USACE shall perform the following tasks. A. CONSULT ACHP. Forward all documentation relevant to the dispute, including the USACE's proposed resolution, to the ACHP. The ACHP shall provide the USACE with its advice on the resolution of the objection within 30 days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the USACE shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP, signatories shall provide them with a copy of this written response. The USACE will then proceed according to its final decision. B. FINAL DECISION. If the ACHP does not provide its advice regarding the dispute within the 30-day time period, the USACE may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the USACE shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA and shall provide the signatories and the ACHP with a copy of such written response. C. The parties shall carry out all other actions subject to the terms of this MOA that are not the subject of the dispute. D. At any time during the implementation of the measures stipulated in this MOA is raised by interested persons, then USACE shall consider the objection and consult, as appropriate, with the objecting party to attempt to resolve the objection. V. DURATION, AMENDMENT, AND TERMINATION: A. DURATION. Unless terminated or amended as outlined below, this Agreement shall remain in effect for a period of five (5) years from the date the MOA goes into effect and may be extended for a second 5-year term with the written consent of all the signatories. B. AMENDMENT. This Agreement may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACHP. C. TERMINATION. Any Signatory to this agreement may terminate this MOA by providing thirty (30) calendar days written notice to the other Signatories, pursuant to 36 CFR 800.6(c)(8). During the period after notification and prior to termination, the Signatories shall consult to seek agreement on amendments or other actions that would avoid termination. Termination of this MOA will require compliance with 36 CFR 800. This MOA may be terminated by the execution of a subsequent MOA that explicitly terminates or supersedes its terms. VI. REPORTING AND MONITORING: Each year following the execution of the MOA until it expires or it is terminated, CFW shall provide all parties to this MOA 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 CFW's efforts to carry out the terms of the MOA. VII. EXECUTION: Signature of this Programmatic Agreement by the USACE, the SHPO, CFW, and implementation of its terms evidence that the USACE has taken into account the effects of this Project on historic properties and afforded the ACHP an opportunity to comment. Pursuant to 36 CFR 800.6(b)(1)(iv) this Agreement will go into effect when a fully executed version is received by the ACHP. MEMORANDUM OF AGREEMENT AMONG THE UNITED STATES ARMY, CORPS OF ENGINEERS, FORT WORTH DISTRICT, THE TEXAS STATE HISTORIC PRESERVATION OFFICER, CITY OF FORT WORTH REGARDING THE FORT WORTH SEWER M-338B & M-280B SLOPE STABILIZATION LOCATED IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Permit Number: SWF-2016-00180 SIGNATORY: United States Army, Corps of Engineers, Fort Worth District Date 10 July 2023 Brandon W. Mobley, Chief, Regulatory Division MEMORANDUM OF AGREEMENT AMONG THE UNITED STATES ARMY, CORPS OF ENGINEERS, FORT WORTH DISTRICT~ THE TEXAS STATE HISTORIC PRESERVATION OFFICER. CITY OF FORT WORTH REGARDING THE FORT WORTH SEWER M-338B & M-280B SLOPE STABILIZATION LOCATED IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Permit Number: SWF-2016-00180 SIGNATORY: Texas State Historic Preservation Office Date Mark 4dletta�te'Historic Pr servation Officer 6 MEMORANDUM OF AGREEMENT AMONG THE UNITED STATES ARMY. CORPS OF ENGINEERS. FORT WORTH DISTRICT, THE TEXAS STATE HISTORIC PRESERVATION OFFICER, CITY OF FORT WORTH REGARDING THE FORT WORTH SEWER M-338B & M-280B SLOPE STABILIZATION LOCATED IN THE CITY OF FORT WORTH, TARRANT COUNTY. TEXAS Permit Number: SWF-2016-00180 INVITED SIGNATORY: City of Fort Worth Dana Burghd�J�� 9lEDT) Dana Burghdoff Assistant Cityp Managers Jannette S. Goodall City Secretary Christopher Harder (Jun 29, 2023 14:42 CDT) Chris Harder, P.E. Director, Water Department DBlack M&C 23-0537 (Jun 30, 2023 14:06 CDT) Douglas W. Black Sr. Assistant City Attorney Jul 3, 2023 4 onn hate: poi FORp�pa Oro °-10 PVC 0=4 Pd�n nEXPSoa Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requ'rements. Tony Sholola, P.E. Assistant Water Director 7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Appendix A: Proiect Maps Fmt Bank Key (Excavation Limits of Oisturbance (TAP o so iw Muritoring Areas 2020) Project Area 2020) oa�asoa>ce; as oa�miimagey oar .M yl cso Approximate Known 41TR314 ... TAP Project Area Limits _ Treeline (edge of cleared area �( — Wall 2018) �ARNStream Barb — U• �L 9 —rsti —I ..... sv805liuseness 1'arkwm, Kuhord,—, IX- (214) 36&0478 Figure 1. June 2020 aerial photograph showing the 2020 project components with the 2018 project components and project area. Elevation Test Units (2018) Bank Key (Excavation (Edge of construction Trenches (2018) _ Monitoring Areas 2020) �482' access road) Post-2018 Construction ^ Approximate Known Site Limits 500' (Original ground surface —and _ Contours —Stream Barb top of river bank) Limits of Disturbance (Project Treeline (edge of cleared area) Area 2020) caob�ame srarAm. nao isau uTM zone ian e o, ism a<a soarer. os.oa zox� Em�Aen owe � osnvz1� 7AP 7a AJJR con self ,nit,9y Inc. 805 Awi.rev-e Parkwrry, R�lra on, TX -amid - d,,L, a - (214) 39-0478 Figure 2. Previous archaeological excavations and post-2018 construction contours shown in relation to the location of the bank key excavation area shown on a May 2021 drone image (Courtesy of FNI). �482' (Edge of construction OTrenches(2018) Monitoring Areas2020) c�ab�ou,sra,�mruo,seau,Mzm.e,ane,,.p Approximate Known Site Limits nvz,l, access road) Post-2020 Construction 0 PP odm_m 500' (Original ground surface Contours — Stream Barb and top of river bank) —Limits of Disturbance (Protect Treeline (edge of cleared area) Area 2020) �AJTLR Consultants, InU o o� ,r.mE�a xam eweesu�meso�sme,.eo,�miuu..�oa F�e..okuaAeseuzeoerarmmzm,a 8058—i.reea P—L,,r,, Reclra un, TT- —(d ro-d,,,--(214)39-0478 Figure 3. Previous archaeological excavations and post-2020 final construction contours shown in relation to the location of the bank key excavation shown on a May 2021 drone image (Courtesy of FNI). Test Units (2018) Hank Key (Excavation ® Trenches (2018) Monitoring Areas 2020) _ Approximate Known Site Limits _Limits of Disturbance (TAP Project Area 2020) Feel 0 0 4' le sysmm�rrnp lase una zone l�ry ARC No�1]0314 paG Source. OS_03 2021 Imagery paw p�.a� pY. Gsp oa�e: ovn�a4 TAP No' i9B4 AI Conssuhanisy Inv. 805DusN— P-k.,,, Richwxlson, TX- —(d,1-491--(2I4)368-0478 Figure 4. Approximate metric volume excavated without monitoring at the southern part of the project area and 41TR314. Northern Area 2 Cut: 364.8 m3 m-33aLs & m-vfu s Scope Stawizarion eel L 20 dL 1e sysmn,III lase NTM zone 1Iry ARC Noy 1]0314 Bank Key (Excavation oars soa�ce. as_oa zoz, iT�en• oaa Monitoring Areas 2020) oa�e:ovnva, TAP No' i9B4 Limits of Disturbance (TAP Project Area 2020) AI. Consuhanis 9 Inv. main, �� s.Foa man ma.�s sa�.�ce so®aame��� no3�ivx-. a�a F�m.a,kw Asap a wseoeTnaum zmm 805 DusN— P-k.,, Richwxlson, TX- arc(ayrrc-digs.— - (2I4) 368-0478 Figure 5. Approximate metric volume excavated without monitoring in the northern part of the project area. Appendix B: Mitigation Plan for Adverse Effects to Archeoloqical Site 41TR314 AR Consultants, Inc. Archaeological and Environmental Consulting 805 Business Parkway, Richardson, Texas 75081 Phone: (214) 368-0478 Fax: (214) 221-1519 E-mail: arc@arc-digs.com Wednesday, April 12, 2023 M-338B & M-280B Slope Stabilization/41TR314 Mitigation Plan SWF-2016-00180/TAP #7984 Introduction In 2017, DeOtte Engineering, Inc. (DeOtte) contracted AR Consultants, Inc. (ARC) to provide a scope of work (SOW) for monitoring construction of the Fort Worth M-338B and M-220B sewer lines bank stabilization project in Tarrant County, Texas (Figure 1). The City of Fort Worth (CFW) was reinforcing the north bank of the West Fork of the Trinity River where erosion was threatening the integrity of two large diameter sewer lines (M-33813 & M-28013). The SOW was submitted at that time with an application for a Texas Antiquities Permit (TAP). TAP 7984 was issued to ARC on April 4, 2017, for this project to conduct construction monitoring of the riverbank excavation. Construction did not start until April of 2018. The project originally consisted of establishing a consistent bank grade for installation of gabion mats to protect the sewer lines. During construction monitoring on April 5, 2018, a buried mussel shell lens with associated prehistoric artifacts was identified and recorded as the Violet site (41TR314). ARC initiated coordination with the Fort Worth District, U.S. Army Corps of Engineers (USACE), who in turn, coordinated with the Texas Historical Commission (THC). Construction was halted and a SOW for salvage excavations was developed as a modification to TAP 7984, which was approved on April 12, 2018. Excavations were completed by May 01, 2018, and construction excavation monitoring was completed by July 3, 2018, and a report documenting the results of the monitoring and excavations was prepared and submitted to the USACE and THC for review (Davis 2020a). Shortly after that submittal, additional modifications to the design were being evaluated by the CFW and they decided to explore new design options with Freese & Nichols, Inc. (FNI). In October 2019, a new design was chosen, and a reverification process was initiated with the USACE on January 07, 2020, to confirm that the new design would meet the terms and conditions of Nationwide Permit (NWP) 13. The new design required some additional construction excavation in the southeastern end of the project area near site 41TR314 (where archaeological excavations and monitoring had already occurred) as well as in the northwestern end (where no monitoring occurred). This new northwestern area required the CFW to purchase a new easement that extended out of the originally permitted NWP13 project area. This new easement was also outside the original TAP permit boundaries and required a modification for archaeological monitoring. A request for TAP modification (Davis 2020b) was then submitted to the THC and approved on February 6, 2020. The TAP stated that monitoring would occur during the construction excavation of the three bank keys as shown on Figure 1. ARC contacted the City's construction contractor, Humphrey & Morton, Inc., on April 27, 2020, inquiring about their construction schedule and was told it was three or more months out based on the pier drilling and weather conditions. ARC requested to be contacted a couple of weeks prior to the beginning of construction to prepare for monitoring. No response was ever received. Project construction was completed in April 2021 without ARC's knowledge and without the required monitoring being performed. The CFW voluntarily notified the USACE about this issue and the USACE issued a Cease -and -Desist (C&D) order on May 24, 2021, as a result of violating the conditions of their Section 404 Permit. On July 8, 2021, the CFW met with representatives of the USACE, THC, FNI, and ARC at the project site to assess the situation and discuss a plan forward for getting the CFW back into compliance with their Section 404 Permit and Texas Antiquities Permit. During that meeting, the USACE and THC indicated that after -the -fact mitigation measures taken by the CFW would be required in order to regain compliance with their permits and that the level of mitigation required would be based on the estimated "Archeological Value" of the areas that were impacted by construction without the required archaeological monitoring. Mitigation measures that were discussed during that meeting included: efforts taken by the CFW to minimize direct and indirect effects; providing database support to institutions such as the Texas Archeological Research Laboratory (TARL), or similar institution; development of long-term website content; providing content for local institutions such as the North Texas Archeological Society; and conducting training for CFW staff over topics related to Section 404 permitting, Section 106 of the National Historic Preservation Act (NHPA), and the Antiquities Code of Texas (ACT). The following discusses the methods and assumptions utilized to estimate the "Archeological Value" and the mitigation measures that will be taken by the CFW to regain compliance with the state and federal permits associated with this project. Archeological Value For the purposes of this Mitigation Plan, "Archeological Value" (AV) was defined using the methods outlined in Technical Brief 20 from the National Park Service (McAllister 2007). "Archaeological Value" is defined in Section _.14 of the ARPA Uniform Regulations: Archaeological value. For purposes of this part, the archaeological value of any archaeological resource involved in a violation of the prohibitions in §_.4 of this part or conditions of a permit issuedpursuant to this part shall be the value of the information associated with the archaeological resource. This value shall be appraised in terms of the costs of the retrieval of the scientific information which would have been obtainable prior to the violation. These costs may include, but need not be limited to, the cost of preparing a research design, conducting field work, carrying out laboratory analysis, and preparing reports as would be necessary to realize the information potential (Section _.14(a)). The AV is a projected cost for the retrieval of scientific information as a way to assess damages to archeological resources caused by unauthorized acts as required by the legal system (McAllister 2007:13). According to McAllister, "This determination requires the calculation of reasonable and credible costs for appropriate retrieval of scientific information from the damaged portion of the archeological resource if it was still in an undamaged condition. These costs should be proportional to the amount of damage in order to be accepted as a justifiable measure of the harm caused. Therefore, methodological considerations that would apply to actual retrieval of information from the archeological resource do not necessarily apply in an archeological value determination. " To estimate the AV, the volume of the site deposit within the three construction areas (i.e., bank key excavation areas) that were excavated without archaeological monitoring needed to first be determined. To do this, the metric volumes of unmonitored bank key excavation areas were estimated using surveyed topography of the bank surface after the monitored construction excavations occurred in 2018 (Figure 2) and the final contours of the project completed in 2021 (Figure 3). The estimated volumes for each of the areas that were to be monitored are presented in Table 1 and shown on Figure 4 and Figure 5. The total of the three monitoring areas were then split using the 41TR314 site area to create two distinct volumes. The first AV (AV 1) is based on estimated archaeological monitoring costs of the bank key excavation areas that were outside the known archeological site 41TR314. The second AV (AV 2) is based on the damage to the 35.8m3 portion of the known site 41 TR314 (Figure 4 and Table 1). Table 1. Estimated Metric Volumes of Unmonitored Bank Key Construction Areas. Archaeological Values 2 Unmonitored Areas Volume Total Southern Area (outside of 41TR314) 91.7 m3 Northern Area 1 95.3 m3 Northern Area 2 364.8 m3 Southern Area (41TR314 overlap) 551.8 m3 35.8 m3 Utilizing these two volumes, the total AV was then estimated using hourly rates for staff with various project roles associated with the project and its history. The various roles and their associated rates were provided by the USACE and are summarized in Table 2. For AV 1, this cost is broken down in Table 3. The archeological monitoring of the 551.8 m3 of construction excavation were estimated based on the following assumptions: • Obtaining a TAP through coordination with USACE and THC. • Four days of monitoring for the excavation of 551.8 m3 during construction with a Principal Investigator) (PI) and a field tech. • Not finding any cultural features, artifacts, or recording an archaeological site. • A local project with no lodging needed. • Writing up report and curating the paperwork and other project records to meet TAP requirements. Table 2. Hourly USACE Rates for Project Roles. Project Roles I USACE Rates Project Manager J $13 8.00 Principal Investigator/Specialists $117.00 Project Director/Archeologist $78.00 Crew Chief/Equipment Operators J $61.00 Field Tech 1 $53.00 Lab Tech J $46.00 Archivist J $64.00 Lodging $167/day Meals $61/day Table 3. Estimated Arc heolo ical Value AV 1 of Unmonitored Areas Outside of 41TR314. Coordination Field Report Records Total Project Role & Planning (Hours) (Hours) Curation Hours Rate Total Cost (Hours) (Hours) Project Manager 8 0 0 0 8 $138.00 $1,104.00 Principal Investiator 0 32 24 8 64 $117.00 $7,488.00 Field Tech 0 32 0 0 32 $53.00 $1,696.00 Per Diem (days) 8 $61.00 $488.00 I Total: I $10,776.00 1 To calculate AV 2 for this project, ARC relied upon two primary data sources. The first includes statistics gathered from other data recovery efforts that have occurred in the region and that are similar to archeological sites like 41TR314. The examples used were provided by the THC and the statistics from each data recovery effort for those examples are summarized in Table 4. The second data source includes the work that was previously performed at site 41TR314. This effort included ARC gathering all the hours originally worked and invoiced for work completed at the site between 2018 and 2020, including report writing, to establish the baseline for the excavation data recovery efforts. The hours ARC invoiced on the fieldwork, analysis, and reporting are shown in Table 5. Utilizing these two data sources allowed ARC to create a data recovery budget for 41 TR314 that would have made the scientific information retrieved from the site comparable with other data recovery excavations in the region and like those discussed in the original 41TR314 site report (Davis 2020a). Table 4 shows the cumulative totals of various aspects of data recovery projects (Statistics) from other archeological sites recommended by the USACE and THC and how they compare to the original work at 41TR314 (row five highlighted in green). Table 4 also provides a comparison of the proposed data recovery effort to bring the cumulative total hand excavation to 10 m3 (row six highlighted in purple), which has been utilized to calculate AV 2 for this mitigation plan. Table 4. Comparison of Data Recovery Statistics from 41TR314 and Other Sites in the Re ig on. Hand Mechanical Site Size Site Sizes Flot Soil Mag FTIR Trinomial Excavation C14 Dates Analyzed XUs Sus Features Lithics Faunal OSL Samples (m3) (-3) (-2) (Acres) 41TR203 23.80 13.10 244,123.00 60.32 25+ 42 86 3or4? 44 394 8,346 0 0 41DL436 17.75 285.00 9,000.00 2.22 39 54 107 257 43 43 8,700 0 0 41TR198 28.00 - 78,913.70 19.50 10 16 35 26 46 213 7,065 0 0 41DN612 3.21 307.70 70.00 0.02 20 18 4 2 7 0 254 0 0 *Green line represents data presented under TAP 7984 in Davis 2020a. **Purple line represents the additional data recovery assumptions covered by AV2. Table 5. Estimated Value of the Previous Archaeological Work Conducted Within the Project Area and Hours Invoiced for the 41TR314 Report (Davis 2020a). Project Role Field Hours Lab/Report Hours Rate (per hour or sample) Total Cost Principal Investiator 81.75 142 $117.00 $26,178.75 Crew Chief Backhoe Operator) 16 0 $61.00 $976.00 Field Tech 323.5 0 $53.00 $17,145.50 Lab Tech 0 194.25 $46.00 $8,935.50 PalaeobotanicalAnalyst 0 37 $117.00 $4,329.00 Faunal Analyst 0 66.75 $117.00 $7,809.75 Geoarchaeolo ist* 108.5 0 $117.00 $12,694.50 Mussel Shell Analyst 0 154.92 $117.00 $18,125.64 Per Diem (Days) 45 0 $61.00 $2,745.00 Backhoe Rental 16 0 $62.50 $1,000.00 # of Samples Radiocarbon Dates $600 5 0 1 $600.00 1 $3,000.00 Total: 1 $102,939.64 *Geoarchaeologist field and lab hours were totaled together by ARC'S subcontractor. In addition to the data sources discussed above, the following assumptions were used to estimate AV 2 (Table 6): Coordinating a modification to the existing TAP. A local project with no lodging needed. Hand excavation of 5.3 m3 as the total sample for a phased mitigation data plan based on the previous 4.7 m3 excavations at the site. This was the most probable trajectory for the project prior to the violation. It is possible that during the construction monitoring, something may have been found that would have triggered a phased data recovery mitigation plan for the site, as outlined in the 2020 TAP Modification for the project (Davis 2020b). That mitigation plan would have been drafted in coordination with the USACE and THC and would have been built upon the data recovered from the original excavations. The new 5.3 m3 of excavation combined with the previous work would bring the total excavation to 10 m3 and well within the range of data recovery percentages shown in Table 4. • Backhoe operator shown at Crew Chief rate. (ARC has had crew chiefs who were equipment operators on other projects) • Minimally what was done for the previous excavations (Davis 2020a). o Additional Flotation (from 50% of units) o Flotation samples from every identified feature o Stable Isotopes o Magnetic Susceptibility o Particle size o Radiocarbon Dates (minimum 10 additional dates) • 20 Fourier -Transform Infrared Spectroscopy (FTIR) Samples. • 4 Optically Stimulated Luminescence (OSL) Dates. • Lab Analysis of Artifacts. • Report Writing. Table 6. Estimated Archeological Value of the 35.8 in Unmonitored Area within the Known Site Boundary of 41TR314. Project Role Principal Investigator Crew Chief (Backhoe Operator) Field Tech Lab Tech Palaeobotanical Analyst Faunal Analyst Geoarchaeologist Mussel Shell Analyst Per Diem (Days) Backhoe Rental Field Hours 92 18 362 0 0 0 0 0 50 18 # of Samples Lab/Report Hours 159 0 0 218 41 75 122 174 0 0 Rate (per hour or sample) $117.00 $61.00 $53.00 $46.00 $117.00 $117.00 $117.00 $117.00 $61.00 $62.50 Total Cost $29,367.00 $1,098.00 $19,186.00 $10,028.00 $4,797.00 $8,775.00 $14,274.00 $20,358.00 $3,050.00 $1,120.00 Radiocarbon Dates ($600) 10 $600.00 $6,000.00 FTIR Samples ($660) 20 $660.00 $13,200.00 OSL Dates 4 $1,200.00 $4,800.00 Total: $136,053.00 *Hours are based on previous work completed at site 41TR314 (Table 5), plus 12% to account for 5.3 m3 of additional hand excavation and further sampling. Archeological Value Summary For the purposes of this Mitigation Plan, two AVs were calculated and then added together ($10,776.00 (AV 1) + $136,053.00 (AV 2)) for a total AV of $146,829.00 (Table 7). As previously shown in Table 4, the original archeological excavations were already comprehensive and comparable with other sites in the region, especially considering the size of site 41TR314. Therefore, if we consider the above data recovery assumptions and the scale of that data, it provides more than reasonable and credible costs for an appropriate retrieval of scientific information from the damaged portion of the archeological resource if it was still in an undamaged condition. Furthermore, the estimated total AV for the scale of this proposed data recovery effort is much higher than the scale of information retrieval that is possible from the 35.8 m3 cubic meter portion of the site that was damaged during construction. As such, this combined AV is an appropriate value to carry out 41TR314's mitigation plan. Archaeological Values 2 Mitigation Table 7. Final Archaeological Values. Unmonitored Areas Volumes Total Southern Area (outside of 41 TR314) Northern Area 1 Northern Area 2 Southern Area (41 TR314) overlap 91.7 m3 95.3 m3 551.8 m3 364.8 m3 35.8 m3 Combined Values Total Values $10,776.00 $136,053.00 $146,829.00 A. Minimization The following measures were taken to avoid and minimize direct and indirect effects to site 41 TR314. • The project has been completed and only a small portion (35.8 m3) of the site was impacted directly. The site likely extends further south along the riverbank, which was not impacted. In addition, the bank stabilization project that was constructed will further protect the site from erosion and preserve it. B. Mitigation To mitigate for the impacts to site 41TR314, the CFW proposes the following mitigation tasks: 1. Donation to the Friends of the Texas Historical Commission for the development of a Texas Archeological Sites Atlas (TASA) internship program. Approximately 55% ($80,755.95) of the funds will be spent on this task in order to aid in the creation and digitization of archeological content for the TASA. 2. Donation to the Texas Beyond History (TBH) website. Approximately 15% ($22,024.35) of the funds will be spent on this task to aid TBH in the creation of North Texas archeological content. 3. Regulatory Training for City of Fort Worth staff. Approximately 20% ($29,365.80) of the funds will be spent on the development and execution of a training event or training series to educate staff on Section 404 permitting, Section 106 of the National Historic Preservation Act (NHPA), and the Antiquities Code of Texas (ACT). 4. Production of Texas Archeology Month Public Outreach Kits to be donated to the Friends of the Texas Historical Commission or the North Texas Archeological Society. This final 10% ($14,682.90) of funds will be dedicated to using archeological staff time and material costs to produce 1,000 kits. Table 8. Mitigation Task Costs. Task 1 $80,755.95 55% Task 2 $22,024.35 15% Task 3 $29,365.80 20% Task 4 $14,682.90 10% Total $146,829.00 100% Summary & Conclusions The construction of the slope stabilization project without archaeological monitoring resulted in a violation of the City's Section 404 permit (USACE permit SWF-2016-00180) and the TAP. Special condition 2 of that permit stated that "the permittee will perform archaeological monitoring during the activity authorized by this permit". Based on the estimated metric volume of the project area that was excavated without archaeological monitoring, AVs were determined. The CFW will utilize the AVs to make a donation to the Friends of the Texas Historical Commission for the development of a TASA internship program. Approximately, $80,755.95 of the AV will be spent on this task in order to aid in the creation and digitization of archeological content for the TASA. A donation to the TBH website of $22,024.35 will be spent on this task to aid TBH in the creation of North Texas archeological content., Approximately, $29,365.80 will be used for Regulatory Training for City of Fort Worth staff. These funds will be spent on the development and execution of a training event to educate staff on Section 404 permitting, Section 106 of the NHPA, and the ACT. The final $14,682.90 will be used to produce 1,000 Texas Archeology Month Public Outreach Kits to be donated to the Friends of the Texas Historical Commission or the North Texas Archeological Society. These actions will serve as an after -the -fact mitigation strategy to bring the CFW back into compliance with the USACE and THC permits. Additionally, since this project involves a TAP from the THC, these after -the -fact mitigation measures will be added as an appendix to the original monitoring report (Davis 2020a). ARC is currently preparing the collection to be curated at the Center for Archeological Studies (CAS) at Texas State University in San Marcos. If you have any questions, please contact me at 214-368-0478 or 817-791-6493. Sincerely, � e-'� Cody S. Davis, RPA Principal Investigator AR Consultants, Inc. References Cited Davis, Cody S. 2020a Archaeological Monitoring of the Fort Worth Sewer M-338B & M280B Slope Stabilization Project, Tarrant County, Texas. Cultural Resource Report 2020-08. AR Consultants, Inc. Richardson. 2020b M-338B & M280B Slope Stabilization TAP#7984/SWF-2019-00180 TAP Modification for Additional Monitoring. Letter dated February 5, 2020. On file with the Texas Historical Commission. McAllister, Martin E. 2007 Technical Brief 20: Archeological Damage Assessment: Legal Basis and Methods. DOI Departmental Consulting Archeologist/NPS Archeology Program, Washington, DC.