MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY 
THE LOUISIANA STATE HISTORIC PRESERVATION OFFICER 
AND THE ST. CHARLES PARISH SCHOOL BOARD
REGARDING THE DEMOLITION OF THE LULING SCHOOL (ST. CHARLES PARISH SCHOOL BOARD MAINTENANCE BUILDING) IN LULING, LOUISIANA
September 9, 2006
    WHEREAS the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security proposes to undertake the funding of the demolition (Undertaking) of the Luling School, also known as the St. Charles Parish School Board Maintenance Building (Building), located at 111 Ellington Avenue, Luling, LA 70070 (see Appendix A); and
    WHEREAS, FEMA has determined that the Undertaking will have an adverse effect on the Building, which is eligible for the National Register of Historic Places (NRHP), and has consulted with the Louisiana State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. Section 470f) as amended; and 
    WHEREAS, the St. Charles Parish School Board (School Board) is the subgrantee of FEMA’s Public Assistance Program, and FEMA therefore has invited the School Board to participate in this Memorandum of Agreement (MOA) as an Invited Signatory; and
    WHEREAS, in accordance with 36 CFR Section 800.6(a)(1), FEMA has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR Section 800.6(a)(1)(iii) (letter dated April 11, 2006, Appendix B); 
    NOW, THEREFORE, FEMA, the Louisiana SHPO and the School Board agree that the Undertaking shall be implemented in accordance with the following stipulations in order to address the effect of the Undertaking on historic properties. 
STIPULATIONS
FEMA shall ensure that the following measures are carried out: 
I.  	RECORDATION
A. FEMA shall ensure that the Building that is eligible for listing in the NRHP and is to be demolished shall be documented with digital photography, an updated historic data form, and a site plan as a Treatment Measure.  The property was previously documented as part of the Standing Structures Survey by the Division of Archaeology and Historic Preservation of Louisiana in November of 1981.  The digital photography must comply with the following requirements, which are from the National Park Service’s (NPS) March 2005 Photo Policy Expansion for the NRHP and National Historic Landmarks Survey found at http://www.cr.nps.gov/nr/policyexpansion.htm 
* The photographs must meet the NPS Photo Expansion Policy 75-year permanence standard.
* Image files must be saved as uncompressed Tagged Image File Format (TIFF) files on CD-R media. 
* Paper prints must follow the "Acceptable Ink and Paper Combinations for Digital Images" guidelines in the Photo Expansion Policy.
* Image size must be 1600x1200 pixels at 300 pixels per inch (ppi) or larger.
* Images must be saved in 8-bit (or larger) color format.
* Images of the Building must include:
o Wide-angle exterior views of every façade of the building, an oblique view, two contextual views, close-ups of any unique architectural features and; 
o Address followed by name of the Historic District, if applicable;
o Parish and state where Building is located;
o Date of photograph;
o Description of view including direction of camera; and
o Name of photographer.

B. The historic data and site plan documentation must comply with the NPS “Secretary of Interior’s Guidelines for Architectural and Engineering Documentation, Level III” found at:
http://www.cr.nps.gov/habshaer/pubs/hhh%20guidelines%202003.pdf


C. FEMA shall prepare six sets of documents (including photographic prints and CD-ROM containing the digital versions of the photographs).  FEMA shall submit two sets to the SHPO, two sets to the Tulane University Southeastern Architectural Archives in New Orleans, and two sets to the West Regional Branch of the St. Charles Parish Library.
D. Documentation will be submitted to the SHPO for review and approval.  SHPO has 14 days after receipt of documentation to respond.
	

II. ARCHEOLOGY 

A. The scope of work indicates that there will be ground disturbing activities associated with the demolition and reconstruction of the building within its pre-disaster footprint.  Demolition must follow the lower impact demolition stipulations and additional protocols which are attached (Appendix C of this agreement).

B. As the scope of work indicates the concrete slab foundation will be removed during demolition, archaeological monitoring will be required to ensure that no archeological sites or features are disturbed by this undertaking.

1. The archeological monitor is responsible for reporting unexpected archaeological discoveries.  Should there be a discovery of NRHP significance (36 CFR 60.4), the applicant will not proceed with work until FEMA completes consultation with the SHPO.
2. The archeological monitor is responsible for contacting the appropriate authorities pursuant to the Louisiana Unmarked Burial Sites Act, if unmarked human burials are encountered.  Should there be a discovery, the applicant will not proceed with work until FEMA completes consultation with the SHPO, and the appropriate descendent communities, if any.
3. Once the demolition work is completed, the monitor will submit a monitoring report meeting the State of Louisiana Reporting Standards found at: http://www.crt.state.la.us/archaeology/ The monitor will then submit a copy of the report to FEMA and SHPO for review.  The final report shall include comments and feedback from both FEMA and SHPO.

C. Any requests for proposals from contractors to demolish and/or reconstruct the Building shall include the archeological monitoring and lower impact demolition stipulations in the proposal.  Failure to comply with the stipulations and protocol will jeopardize receipt of federal funding.


III. 	SALVAGE

The School Board will remove and salvage the following architectural details and building elements prior to demolition of this Building: 

* The cast concrete front door surround;
* The cast concrete parapet crown detailing at the rooftop directly above the front door;
* Unbroken terra cotta barrel roof and ridgeline tiles; and
* The two memorial metal plaques, one bronze, the other painted aluminum, naming those responsible for the construction of the school in 1921, the other naming school board members in 1958.  
The School Board may retain these items for its own use, may sell them or may donate them to a local museum or a facility that accepts salvaged architectural elements for reuse or resale.  Any requests for proposals from contractors to demolish the Building shall include the salvaging stipulations in the proposal.  Failure to comply with these stipulations and additional protocols will jeopardize receipt of federal funding.
IV. 	DURATION 
This agreement will be null and void if its terms are not carried out within two (2) years from the date of its execution. Prior to such time, FEMA may consult with the other signatories to reconsider the terms of the agreement and amend in accordance with Stipulation V below. 
V.	AMENDMENTS, DURATION, AND TERMINATION
A.	This MOA may be amended when such an amendment is agreed to in writing by all signatories.  The amendment shall be effective on the date of the signature by the final signatory.
B.	Unless terminated, this MOA shall remain in effect from the date of implementation until FEMA, in consultation with all other consulting parties, determines that the terms of this MOA have been satisfactorily fulfilled.  Upon such determination, this MOA shall terminate, and FEMA shall provide all other consulting parties with written notice of the determination and termination.
C.	FEMA, the SHPO, or the School Board may terminate this MOA by providing 30 days written notice to the other parties, provided that the parties shall consult during this period to seek amendments or other actions that would prevent termination.  Termination of this MOA shall require compliance with Stipulations VII and VIII of the Statewide Programmatic Agreement for this Undertaking.
D.	This MOA may be terminated by the implementation of a subsequent MOA pursuant to 36 CFR Part 800.14(b) that explicitly terminates or supersedes this MOA.
VI.  DISPUTE RESOLUTION 
Should any party to this agreement object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, FEMA shall consult with the objecting party(ies) to resolve the objection. If FEMA determines, within 30 days, that such objection(s) cannot be resolved, FEMA will: 
A. 	Forward all documentation relevant to the dispute to the ACHP in accordance with 36 CFR Section 800.2(b) (2). Upon receipt of adequate documentation, the ACHP shall review and advise FEMA on the resolution of the objection within 30 days. Any comment provided by the ACHP, and all comments from the parties to the MOA, will be taken into account by FEMA in reaching a final decision regarding the dispute. 
B. 	If the ACHP does not provide comments regarding the dispute within 30 days after receipt of adequate documentation, FEMA may render a decision regarding the dispute. In reaching its decision, FEMA will take into account all comments regarding the dispute from the parties to the MOA.
C. 	FEMA's responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. FEMA will notify all parties of its decision in writing before implementing that portion of the Undertaking subject to dispute under this stipulation. FEMA's decision will be final.


SIGNATORIES: 

Federal Emergency Management Agency 




Howard R. Bush					Date
Environmental Liaison Officer				
FEMA-1603/1607-DR-LA 	

			

SIGNATORIES:				
  
Louisiana State Historic Preservation Officer 




Pam Breaux  	Date
State Historic Preservation Officer 						
  


SIGNATORIES:
  
St. Charles Parish School Board




Larry Sesser, Assistant Superintendent, Facilities	Date
St. Charles Parish School Board







Appendix A
U.S. Department of Homeland Security
Federal Emergency Management Agency                                    	
Section 106 Review:  USGS Quad Location Map 

Map Name:  USGS Luling Quad

Resource Name:  St. Charles Parish School Board Maintenance Building

Resource Address:  111 Ellington, Luling LA 70070



Appendix B


Appendix C

LOWER-IMPACT DEMOLITION STIPULATIONS
(To Be Included in Demolition Contracts)
FEMA and the State Historic Preservation Office (SHPO) have agreed that the Applicant is responsible for ensuring that their demolition contractor adheres to the “Lower-Impact Demolition Stipulations” (work restrictions) as prescribed by FEMA and SHPO. This will partially fulfill FEMA requirements to comply with the National Historic Preservation Act (NHPA) for demolitions funded by FEMA. 
* General Approach: 
o Major demolition activities, including placement of equipment, will be confined to areas where soils have been previously disturbed by activities, such as site development, construction, surface grading, landscaping, utility trenching, etc.  The Applicant will identify areas of obvious soil disturbance and direct their contractor to work within these areas. 
o When heavy equipment is not in use, it will be staged on hard or firm surfaces where equipment is not susceptible to sinking.  Paved surfaces will be used to the fullest extent possible, 
o Tracked vehicles and/or large-tired equipment will be used whenever possible to reduce the depth of soil disturbance and minimize soil compaction to a depth of six (6) inches or less. 
o The Applicant will ensure that its contractors will not operate heavy equipment on wet soils if the equipment begins to sink more than six (6) inches below the current ground surface.  Heavy equipment may be operated in the rain, but the Applicant will ensure that its contractors will pay special attention to equipment sinkage, as noted above.  
o Shearing off structural features at the ground-surface is strongly encouraged so that further soil disturbance is minimized.  
o There will be no salvage of architectural materials from below-grade
o Excavation of on-site materials and burial of debris are not permitted. 

* Activity Specific Guidelines: 
o Treatment of Utilities:
* Utility lines will be disconnected and capped.  Extraction of utility lines is not an eligible FEMA cost.  In cases where there are no shut-off valves, limited excavation within the utility rights-of-way will be required to cap these service lines.  Excavation will be limited to the existing ROW to the greatest extent feasible to limit unnecessary ground disturbance.
o Footing and Pier Removal: 
* If it is absolutely necessary to remove footings and piers to ensure public health and safety, the soil disturbance caused by these activities should be limited to a depth no greater than six (6) inches below the footing or pier to be extracted.  The excavation shall not exceed a 3-foot lateral width from the footing or pier being extracted. 
o Void and/or Feature filling
* Any voids which require filling because they are a “health and safety issue” will be filled with clean fill from off-site.  Whenever possible this will be a sand matrix, however sand is not required.  These voids may include, but are not limited to, those created as the result of exposing cisterns, privies, wells, and/or basement-like depressions.  
o Surface Grading and Site Clean-Up: 
* The Applicant will ensure that its contractors will limit site grading to within the first six (6) inches of the existing surface elevation (e.g., side walk level, driveway level, slab level, etc.).  The Applicant will ensure that its contractors will use light equipment (e.g., small bobcats, hand tools, etc.) to complete final site clean-up.

PROTOCOL FOR TREATMENT OF NEW DISCOVERIES

* Archaeological Materials 
o If demolition activities disturb moderate amounts of archaeological artifacts (e.g. old bricks, ceramic pieces, historic bottle glass or cans, coins, beads, stones in the form of tools [arrow heads], pieces of crude clay pottery, etc.) or archaeological features (e.g. grave markers, house foundations, cisterns, etc.), the Applicant will ensure that the Contractor immediately stop work in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the finds.  In such cases, the Applicant will immediately inform FEMA of the discovery and FEMA will deploy a professional archaeologist to conduct a site assessment. The Applicant will ensure that the Contractor does not proceed with work until FEMA has completed consultation with the Louisiana State Historic Preservation Office (SHPO) and other interested parties, as necessary.
* Human Remains
o If human skeletal remains are uncovered during demolition activities, the Applicant will direct the Contractor to stop work immediately in the vicinity of the discovery.  The Applicant will immediately notify FEMA, the St. Charles Parish Police Department, and the St. Charles Parish Coroner’s Office of the discovery.  Within twenty-four (24) hours of the Applicant’s notification, FEMA will notify and coordinate with the SHPO and other interested parties, as necessary. The Applicant will notify the Louisiana Division of Archaeology at 225-342-8170 within seventy-two hours (72) of the discovery.  The Coroner’s Office will assess the nature and age of the human skeletal remains.  If the coroner determines that the human skeletal remains are older than 50 years of age, the Louisiana Division of Archaeology has jurisdiction over the remains.  FEMA shall take the lead in working with the Applicant, the SHPO, the Louisiana Division of Archaeology, and other interested parties to ensure compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) and other applicable laws.  In addition, it is incumbent upon FEMA to follow the “Human Remains Policy” set forth by the Advisory Council on Historic Preservation (ACHP).  


PROTOCOL FOR WORKING WITH ARCHAEOLOGICAL MONITORS

* COMPLIANCE VIOLATIONS: If during spot checks, FEMA Historic Preservation Specialists/Archaeologists observe violations of the Lower-Impact Demolition Stipulations, they shall request that the Applicant’s official on-site cease demolition activities until the effects of the Undertaking can be assessed through intensive visual inspection.  If adverse affects are observed, FEMA shall consult with SHPO and other consulting parties, as necessary.  

* ASBESTOS DEMOLITIONS: The Applicant contractors shall establish a safety perimeter beyond which archeological monitors will not be permitted to cross without first obtaining the appropriate training and personal protective equipment (PPE).  Archaeologists shall have formal asbestos training, a pulmonary fitness examination, and may be required to wear a full respirator and a Tyvek suit.   If an archeological monitor needs to cross the safety perimeter, she/he shall approach the Applicant’s official on site and notify them of the need to access the demolition site.  The Applicant’s official on site shall have all equipment inside the work zone stop work so that the archaeologist may conduct a brief inspection.  Once the archeological monitor has completed work, she/he shall leave the restricted zone and the work may resume.  This procedure applies not only to field inspections but also to monitoring of known archeological sites and investigations of inadvertent discoveries.  





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