HomeMy WebLinkAbout057-25 - U.S. Army Corps of Engineers - ContractMEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND
THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER
SUBJECT: National Historic Preservation Act Section 106 Memorandum of Agreement for
Resolution of Adverse Effects to the Kitsap Bank (Property 733353) Associated with the Port
Orchard Waterfront Plaza and Enhancement Project, Port Orchard, Kitsap County, Washington
(USACE NWS-2023-356, DAHP 2021-04-02452).
1. WHEREAS, the U.S. Army USACE of Engineers (USACE), Seattle District Regulatory
Branch received a Department of Army (DA) permit application from the City of Port Orchard
(Applicant) associated with the Port Orchard Waterfront Plaza and Enhancement Project located
on public land at 619 Bay Street, at Section 26, Township 24 North, Range 1 East, Bremerton
West USGS 7.5' quadrangles, Kitsap County, Washington; and
2. WHEREAS; the proposed project includes setting back an existing seawall and ten piling
supports, installing a new 24.5 -foot by 100 -foot overwater deck supported by five steel piles,
regrading the shoreline, creating a 6 -foot -wide path along the grade slope to the water during low
tides, and installing manmade concrete tidepools mixed with large, rounded rocks within the
shoreline; and
3. WHEREAS, a DA permit, pursuant to Section 404 of the Clean Water Act and Section 10 of
the Rivers and Harbor Act of 1899, would be required from USACE (the Undertaking) to
conduct activities related to the construction of the project; and
4. WHEREAS, USACE's issuance of such a permit is subject to review under Section 106 of the
National Historic Preservation Act, 54 U.S.C. 306108 (NHPA); and
5. WHEREAS, the area of potential effects (APE) includes all areas of permitted in -water
activity, including upland areas where work is directly associated, integrally related, and would
not occur but for the in -water authorized activity associated with the DA permit, which includes
the entire construction footprint for the in -water and shoreline work including upland areas
associated with access, staging, and construction; and
6. WHEREAS, in addition to the Applicant and the Washington State Department of
Archaeology & Historic Preservation (DAHP), also known as the SHPO, USACE notified Port
Gamble S'Klallam Tribe, Puyallup Tribe, Squaxin Island Tribe, Suquamish Tribe (Suquamish),
Washington State Recreation and Conservation Office (RCO), and Washington Trust for Historic
Preservation (WTHP) about this Undertaking; and
7. WHEREAS, RCO, SHPO, Suquamish, and WTHP expressed a desire to consult on this
Undertaking, and along with USACE and the Applicant are hereafter referred to as "the
Consulting Parties"; and
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
8. WHEREAS, a report has been prepared identifying known and potential historic properties
associated with the Undertaking, Cultural Resources Assessment for the Port Orchard
Waterfront Plaza and Enhancement Project, Port Orchard, Kitsap County, Washington, dated
April 21, 2024, and by USACE's letters to SHPO dated May 30, 2024 and February 6, 2025, and
SHPO's response letters dated June 11, 2024 and February 21, 2025, and these documents are
incorporated into this Memorandum of Agreement (MOA) by reference; and
9. WHEREAS, background research and an archaeological survey did not reveal the presence of
any archaeological materials within the construction footprint, as the project area is located
within fill and covered by impervious surfaces, and geotechnical investigations from 2021
indicate approximately 15 feet of fill beneath the asphalt surface, and the General Land Office
survey map dated 1858 indicates the former shoreline formed a point and was in the approximate
location of what is now Bay Street; and
10. WHEREAS, Suquamish expressed concerns about the fill possibly containing cultural
material, as "the source of the fill within the project area is unknown, and due to the proximity of
the Bay Street Shell Midden site (45KP115), fill in the project area could potentially be mixed
with midden from the site or contain human remains" and the tribe requests an archaeologist
monitor ground disturbing construction activities until it is clear that the fill does not contain
cultural resources, and USACE agrees; and
11. WHEREAS, USACE identified Property ID 733353, Kitsap Bank, Port Orchard Branch at
619 Bay St, Port Orchard, Washington and determined it to be a historic property eligible for
listing in the National Register of Historic Places (NRHP) under Criterion C as a dominant
example of the Pacific Northwest Regional style, given that the building will meet the 50 -year
age threshold prior to proposed demolition; and
12. WHEREAS, SHPO agreed the Kitsap Bank is eligible for listing in the NRHP; and
13. WHEREAS, the proposed in -water work cannot occur without removal of the Kitsap Bank
building and there is no practicable avoidance measure to accomplish the proposed undertaking
without adversely affecting the building; and
14. WHEREAS, USACE notified the Advisory Council on Historic Preservation (Council) of its
adverse effect determination and the Council has opted not to participate in the consultation; and
15. WHEREAS, pursuant to 36 C.F.R. § 800.6(c)(1) USACE and SHPO are the Signatories to
the MOA; and
16. WHEREAS, as the applicant for the DA permit and because of its role and responsibilities in
MOA Stipulations I -VI, and pursuant to 36 C.F.R. § 800.6(c)(2), USACE invited Applicant to
sign this MOA as an Invited Signatory; and
17. WHEREAS, based on their participation in the MOA and pursuant to 36 C.F.R. §
800.6(c)(3), USACE invited RCO, Suquamish, and WTHP to sign this MOA as Concurring
Parties; and
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National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
18. WHEREAS, Suquamish participated in the development of the MOA but declined the
invitation to have a signature page for this MOA; and
19. WHEREAS, USACE has consulted with the Consulting Parties in accordance with Section
106 of the NHPA to resolve the adverse effects of the Undertaking on historic properties;
NOW, THEREFORE, USACE and SHPO (collectively the "Parties" and individually the
"Party") agree that should the Undertaking move forward to construction, the following USACE-
enforced stipulations shall resolve adverse effects to historic properties associated with the
Undertaking, and that these stipulations shall govern the Project and all of its parts unless this
MOA expires or is terminated.
Stipulations
USACE shall ensure that the following stipulations are implemented:
I. Archaeological Monitoring
Applicant will ensure ground disturbing work associated with the Undertaking is
conducted following an archaeological monitoring and inadvertent discovery plan
(AMIDP). Applicant is responsible for developing AMIDP and providing to interested
Consulting Parties for review and comment. This plan must be approved by USACE prior
to ground disturbing work associated with the Undertaking.
II. Educational Signage
As part of the Port Orchard Waterfront Plaza and Enhancement Project, Applicant is
committed to designing three (3) interpretive panels. For mitigation associated with this
Undertaking, Applicant will design one (1) additional panel. Applicant will hire a
professional interpretive specialist to design the four (4) panels. Interpretive specialist
will convene an initial meeting with SHPO, a representative from the Maritime
Washington National Heritage Area (NHA), and other interested Consulting Parties to
discuss potential themes, content, and locations for the interpretive panels.
The interpretative panels are expected to include narrative text, copies of contemporary
and historic photographs, and/or illustrative art. Possible themes include Suquamish tribal
history, geology, maritime history, the Naval Shipyard, mosquito fleet, etc. The
interpretative panels will be located along the shoreline trail. At least one panel will
include reference to and logo of the Maritime Washington National Heritage Area,
providing context for Port Orchard's inclusion within the boundaries of the NHA.
Applicant will invite the Suquamish Indian Tribe (Tribe) to participate in the
development of one or more displays. The Tribe will have ninety (90) days to confirm
participation from the date of request by Applicant to participate, otherwise Applicant
may proceed without the Tribe's participation. Applicant will provide USACE and SHPO
documentation of the invitation to participate. If the Tribe decides to participate, the
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National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
Tribe will have the right to approve or deny the language in any tribal educational
component.
Consulting Parties will have an opportunity to comment on the layout and text of the
draft interpretative display. Sign content must be approved by SHPO prior to installation.
Applicant agrees to notify Consulting Parties by email and provide a photograph of the
signage after it has been installed for public viewing. Interpretive panels will be installed
within four (4) years of demolition of the Kitsap Bank.
III. Honoring Kitsap Bank
During demolition of the existing Kitsap Bank Building, applicant intends to salvage
specific architectural components for reuse in the future Port Orchard Community Events
Center (POCEC) proposed for construction at the site. Prior to demolition, applicant will
provide consulting parties with a salvage plan, identifying features/elements/materials
intended for salvage. Salvaged elements will be incorporated into the design of the new
building. Such elements will be acknowledged/identified as originating from the
demolished Kitsap Bank through interpretive signage. For mitigation associated with this
Undertaking, Applicant will design one (1) interpretive panel (in addition to the panels
from Stipulation II). Applicant will hire a professional interpretive specialist to design the
panel (can be same entity as Stipulation II). Interpretive specialist will convene an initial
meeting with SHPO and other interested Consulting Parties to discuss potential theme,
content, and location for the interpretive panel.
The interpretative panel is expected to include narrative text, copies of contemporary and
historic photographs, and/or illustrative art and is expected to pay homage to the Kitsap
Bank. Reference to the NW Regional Style of the original Kitsap Bank should be
included. Consulting Parties will have an opportunity to comment on the layout and text
of the draft interpretative display. Sign content must be approved by SHPO prior to
installation.
Installation will be in the POCEC; Applicant's preferred installation location is on the
wall at the stair landing, assuming the stair treads will utilize glulam beams from Kitsap
Bank Building. Applicant agrees to notify Consulting Parties by email and provide a
photograph of the signage after it has been installed for public viewing. Interpretive panel
will be installed within four (4) years of demolition of the Kitsap Bank.
IV. Maritime Washington National Heritage Area
Applicant has agreed that documentation of expenditures associated with Stipulation II
and III will be made available to WTHP to be used by WTHP to match federal support
for the Maritime Washington National Heritage Area. Applicant will develop a
Memorandum of Understanding (MOU) with WTHP and will notify USACE when
executed. USACE and Applicant responsibility for the purpose of this MOU is complete
after confirming WTHP received MOU from Applicant.
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National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
V. Yearly Status Updates
At least once a year, from the date of the DA permit issuance date until all Stipulations
are complete, Applicant will email a yearly status update to the Consulting Parties
detailing the current status of any incomplete Stipulation, which will include any
scheduling changes proposed, any problems encountered, and any disputes and
objections. Applicant will notify Consulting Parties by email when the DA permit has
been issued to establish a date for the yearly status updates.
VI. Duration
This MOA shall expire five (5) years from the demolition of the Kitsap Bank, unless
extended per Stipulation VIII. If this MOA expires prior to the stipulations being
fulfilled, USACE will follow Termination procedures at Stipulation IX. Applicant will
notify Consulting Parties by email when the Kitsap Bank has been demolished to
establish a date for the five-year duration.
VII. Dispute Resolution
a. Should any Signatory, Invited Signatory or Concurring Party to this MOA object at
any time to any actions proposed or the manner in which the terms of this MOA are
implemented, USACE shall consult with such party to resolve the objection. If
USACE determines that such objection cannot be resolved, USACE will:
(1) Forward all documentation relevant to the dispute, including USACE's proposed
resolution, to the Council. The Council shall provide USACE 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, USACE shall
prepare a written response that takes into account any timely advice or comments
regarding the dispute from the Council, Signatories, and Consulting Parties, and
provide them with a copy of this written response. USACE will then proceed
according to its final decision.
(2) If the Council does not provide its advice regarding the dispute within the thirty
(30) day time period, USACE may make a final decision on the dispute and
proceed accordingly. Prior to reaching such a final decision, USACE shall prepare
a written response that takes into account any timely comments regarding the
dispute from the Signatories and Consulting Parties to the MOA, and provide
them and the Council with a copy of such written response.
(3) USACE'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.
b. At any time during 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 or Consulting Party regarding historic preservation, USACE
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National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
shall take the objection into account and consult as needed with the objecting party,
the SHPO, or the Council to determine how best to address the objection.
VIII. Amendment
Any Consulting Party to this agreement may propose to USACE that the agreement be
amended, whereupon USACE shall consult with the other parties to this agreement to
consider such an amendment. This MOA will be amended when such an amendment is
agreed to in writing by all Signatories. The amendment will go into effect on the date of
the last signature from Signatories.
IX. Termination
If any Signatory to this MOA determines that its terms will not or cannot be carried out,
that party shall immediately consult with the other Signatories to attempt to develop an
amendment per Stipulation VIII, above. If within thirty (30) days (or another time period
agreed to by all Signatories) an amendment cannot be reached, any Signatory may
terminate the MOA upon written notification to the other Signatories.
Once the MOA is terminated, USACE must either (a) execute an MOA pursuant to 36
C.F.R. § 800.6, or (b) request, take into account, and respond to the comments of the
Council under 36 C.F.R. § 800.7. USACE shall notify the Signatories as to the course of
action it will pursue.
X. Coordination with Other Federal Reviews
In the event that another federal agency not initially a party to or subject to this MOA
receives an application for funding/license/permit associated with the Project as described
in this MOA, that agency may fulfill its Section 106 responsibilities by stating in writing
it concurs with the terms of this MOA and notifying USACE, SHPO, and the Council
that it intends to do so. USACE will confirm in writing that USACE accepts Lead
Agency status for Section 106. Such agreement shall be evidenced by implementation of
the terms of this MOA and attachments.
XI. Execution in Counterpart
This MOA may be executed in counterparts, with a separate page for each signatory.
USACE will ensure that each party is provided with a copy of the fully executed
Agreement.
XII. Contact Information
The contact information for each Consulting Party may be updated without requiring an
amendment to this MOA. An electronic message (email) exchanged among the contacts,
indicating the updated information, shall be sufficient provided the signature authority for
each Consulting Party is included in such communication.
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National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
SIGNATORY PARTY
U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT
Lance Lundquist
Archaeologist, Regulatory Branch
for Kathryn P. Sanborn, PhD, PE, PMP
Colonel, USACE of Engineers
District Commander
Contact Information:
Lance Lundquist
Archaeologist
Regulatory Branch
US Army USACE of Engineers, Seattle District
P.O. Box 3755
Seattle WA 98124
Cell: (206) 291-4574
Email: Cultural.Resources@usace.army.mil
Note: Signatures continued next page.
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Date: July 8.2024
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
SIGNATORY PARTY
WASHINGTON STATE HISTORIC PRESERVATION OFFICER
Allyson Books (Jun 10, 2025 11:10 PDT)
Allyson Brooks, Ph. D.
State Historic Preservation Officer
Contact Information:
Maddie.Levesque
Department of Archaeology and Historic Preservation
Post Office Box 48343c
Olympia, Washington 98504-8343
Date: 06/10/2025
Voice: (360) 586-3065
E-mail: Maddie.Levesque@dahp.wa.gov; 106@dahp.wa.gov
Note: Signatures continued next page.
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Docusign Envelope ID: 161 F7E7F-DF88-40A5-B314-CD285C9A0A29
National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
INVITED SIGNATORY PARTY
CITY OF PORT ORCHARD
Signed by:
POAA,tSLAU 6/12/2025
Date:
Rob Putaansuu
Mayor
Contact Information:
Nicholas M. Bond, AICP
Development Director
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Voice: (360) 876-7049
Email: planninggportorchardwa.gov
Note: Signatures continued next page.
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National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
CONCURRING PARTY
WASHINGTON STATE RECREATION AND CONSERVATION OFFICE
Date:
Megan Duffy
Director
Contact Information:
Sarah M.H. Steinkraus
Archaeologist/Architectural Historian
Washington State Recreation and Conservation Office
1111 Washington St SE
Olympia, WA 98504
Voice: (360) 867-8195
Email: culturalresource@rco.wa.gov
Note: Signatures continued next page.
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National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the
Kitsap Bank (Property 733353) Associated with the Port Orchard Waterfront Plaza and Enhancement Project, Port
Orchard, Kitsap County, Washington (USACE NWS-2023-356, DAHP 2021-04-02452).
CONCURRING PARTY
WASHINGTON TRUST FOR HISTORIC PRESERVATION
Date: � __
Chris Moore
Executive Director
Contact Information:
Chris Moore, Executive Director
Washington Trust for Historic Preservation
Stimson-Green Mansion
1204 Minor Avenue
Seattle, Washington 98101
Voice: (206) 624-9449
E-mail: cmoore@preservewa.org
Note: End of signature pages.
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