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!CKNOWLEDGEMENTS 7RITTEN BY 3ERENA -C#LAIN 3TEPHANIE ,INDLOFF AND +ATHERINE "AER OF !MERICAN 2IVERS
3PECIAL THANKS TO %LIZABETH -ACLIN AND 3ARA .ICHOLAS ON BEHALF OF !MERICAN 2IVERS ,AURA 7ILDMAN AND 3TEVE 2OTHERT OF !MERICAN 2IVERS *OAN (ARN $UNCAN (AY #AROLINE (ALL AND 3AM 4AM BURRO OF .ATIONAL 0ARK 3ERVICE -ICHAEL 3MITH OF .ATIONAL 4RUST FOR (ISTORIC 0RESERVATION 'IOVANNA 0EEBLES OF 6ERMONT $IVISION FOR (ISTORIC 0RESERVATION 2 3COTT #ARNEY OF 0ENN SYLVANIA &ISH AND "OAT #OMMISSION "RIAN 'RABER ON BEHALF OF -ASSACHUSETTS 2IVERWAYS 2IVER 2ESTORE PROGRAM AND (ELEN 3ARAKINOS OF 2IVER !LLIANCE OF 7ISCONSIN FOR REVIEWING AND COMMENTING ON ALL OR PARTS OF THE REPORT 4HROUGH THEIR GENEROUS SUPPORT OF !MERICAN 2IVERS DAM REMOVAL AND RIVER RESTORATION WORK WE WOULD LIKE TO THANK THE FOLLOWING FOR MAKING THIS REPORT POSSIBLE .ATIONAL 0ARK 3ERVICE 2IVERS 4RAILS AND #ONSERVATION !SSISTANCE -AX AND 6ICTORIA $REYFUS &OUNDATION &ORREST AND &RANCES ,ATTNER &OUNDATION ,AUREL &OUNDATION 2ICHARD +ING -ELLON &OUNDATION 3ARAH + DE #OIZART !RTICLE 4%.4( 0ERPETUAL #HARITABLE 4RUST
TH 3TREET .7 3UITE 7ASHINGTON $# P WWW !MERICAN2IVERS ORG
# 3TREET .7 7ASHINGTON $# P WWW .03 GOV
/N 4HE #OVER 4HE -APLE ,AKE $AM ON 3UMMIT ,AKE #REEK IN ,ACKAWANNA #OUNTY 0ENNSYLVANIA WAS REMOVED IN $ECEMBER 4HE DAM ORIGINALLY BUILT FOR WATER SUPPLY IN THE S NO LONGER SERVED A PURPOSE AND WAS REMOVED IN ORDER TO AVOID EXPENSIVE REPAIRS AND TO RESTORE THE STREAM AND WETLAND 0HOTO #REDIT 3ARA $EULING !MERICAN 2IVERS PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES 4ABLE OF #ONTENTS &OREWARD )NTRODUCTION
3ECTION OF THE .ATIONAL (ISTORIC 0RESERVATION !CT
7HO )S 2ESPONSIBLE &OR )MPLEMENTING 3ECTION AND $ETERMINING )F THE 0ROJECT #OULD !FFECT (ISTORIC 0ROPERTIES
)NVOLVING +EY 3TAKEHOLDERS )N THE $ISCUSSION
)DENTIFYING (ISTORIC 0ROPERTIES
7ILL (ISTORIC 0ROPTERTIES "E !DVERSELY !FFECTED
/PTIONS &OR !CHIEVING (ISTORIC 0RESERVATION AND $AM 2EMOVAL 'OALS 0RESERVATION $OCUMENTATION AND -ITIGATION
,ESSONS ,EARNED
!PPENDIX !
/PTIONS FOR !CHIEVING (ISTORIC 0RESERVATION AND $AM 2EMOVAL 'OALS
,ESSONS ,EARNED
!PPENDIX "
!PPENDIX #
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2EMOVAL CAN BE A SOLUTION TO PROBLEMS OF UNSAFE INFRASTRUCTURE AND CAN STIMULATE WATERFRONT REVITALIZATION POSSIBLY PROVIDING NEW RECREATION OPPORTUNITIES AND ECONOMIC DEVELOPMENT
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&OREWARD 3INCE THE EARLY S DAM REMOVAL HAS INCREASINGLY BECOME A LEGITIMATE TOOL FOR RESTORING RIVERS AND AQUATIC ECOSYSTEMS 2EMOVAL CAN BE A SOLUTION TO PROBLEMS OF UNSAFE INFRASTRUC TURE AND CAN STIMULATE WATERFRONT REVITALIZATION POSSIBLY PROVIDING NEW RECREATION OPPOR TUNITIES AND ECONOMIC DEVELOPMENT 4HE .ATIONAL 0ARK 3ERVICE .03 n 2IVERS 4RAILS AND #ONSERVATION !SSISTANCE 0ROGRAM HAS PARTNERED WITH !MERICAN 2IVERS TO HELP DEVELOP TOOLS TO HELP COMMUNITIES AND INDIVIDUALS SUCCEED WITH DAM REMOVAL PROJECTS AS PART OF ITS ROLE IN PROVIDING TECHNICAL ASSISTANCE TO CONSERVE RIVERS 9ET .03 IS ALSO VERY SENSITIVE TO PROTECTING CULTURAL VALUES 4HE MISSION OF .03 IS TO PRESERVE UNIMPAIRED NATURAL AND CULTURAL RESOURCES FOR THE USE AND ENJOYMENT OF CURRENT AND FUTURE GENERATIONS BOTH WITHIN PARKS AND THROUGHOUT THE COUNTRY .03 HAS A ROBUST CULTURAL RESOURCES PROGRAM AND IS THE KEEPER OF THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES .03 ADMINISTERS THE (ISTORIC !MERICAN %NGINEERING 2ECORD AND THE (ISTORIC !MERICAN ,ANDSCAPE 3YSTEM -ANY 0ARKS WERE CREATED SPECIlCALLY TO PRESERVE A PIECE OF !MERICA S PAST 0ARK )NTERPRETERS SPECIALIZE IN HELPING TELL THE STORY OF PLACES RESOURCES AND OBJECTS AND HELPING VISITORS RELATE THOSE STORIES TO THEIR OWN LIVES 4HE BALANCE BETWEEN NATURAL AND CULTURAL RESOURCE PROTECTION CAN BE VERY DELICATE .03 GRAPPLES WITH THESE ISSUES WHEN IT COMES TO DECISIONS SUCH AS RESTORING A #IVIL 7AR ERA LAND SCAPE OR MAINTAINING TREE COVER TO BENElT WATER QUALITY IN THE #HESAPEAKE "AY .03 USES ENABLING LEGISLATION FOR SPECIlC PARKS TO GUIDE SUCH DECISIONS AS WELL AS MANAGEMENT POLI CIES PROCEDURES FOR ENGAGING THE PUBLIC IN PLANNING DECISIONS AND OTHER LAWS &OR NON PARK LANDS THE LEGAL FRAMEWORK FOR ADDRESSING DECISIONS ABOUT NATURAL RESOURCE RESTORATION AND PROTECTING HISTORIC RESOURCES PROVIDES OPPORTUNITIES FOR CREATIVE ENGAGEMENT AND PROBLEM SOLVING $AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES PROVIDES AN INTRODUCTION TO HISTORIC PRESERVATION LAWS AND A RANGE OF OPTIONS FOR ADDRESSING THE OFTEN DIFlCULT DECISIONS THAT MUST MADE WHEN CONSIDERING THE REMOVAL OF A DAM 4HE PURPOSE OF THIS DOCUMENT IS TO PROVIDE BOTH DAM REMOVAL PROPONENTS AND THE HISTORIC PRESERVATION COMMUNITY THE TOOLS NEEDED TO WORK TOGETHER AND BUILD A SUCCESSFUL PARTNERSHIP
*OAN (ARN 2IVERS AND (YDRO ,EADER
.ATIONAL 0ARK 3ERVICE n #ONSERVATION AND /UTDOOR 2ECREATION 0ROGRAMS
7ASHINGTON $#
*UNE
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)NTRODUCTION h(ISTORY IS A GUIDE TO NAVIGATION IN PERILOUS TIMES (ISTORY IS WHO WE ARE AND WHY WE ARE THE WAY WE ARE v
ˆ$AVID # -C#ULLOUGH AUTHOR
h!MERICA IS A GREAT STORY AND THERE IS A RIVER ON EVERY PAGE OF IT v
ˆ#HARLES +URALT AUTHOR
$ID YOU EVER HAVE A FAVORITE PLACE GROWING UP THAT NOW EVERY TIME YOU DRIVE BY IT REMINDS YOU OF YOUR CHILDHOOD 7HETHER IT IS A BRIDGE FARM A DAM OR SOME OTHER MEMORABLE LANDMARK THERE ARE HISTORIC STRUCTURES AND PLACES ACROSS THE COUNTRY THAT HAVE SPECIAL SIGNIlCANCE TO THEIR COMMUNI TIES (ISTORIC PRESERVATION LAWS WERE DEVISED TO PROTECT CULTURAL ARCHAEOLOGICAL AND ARCHITECTURAL SITES STRUCTURES AND LANDSCAPES THAT ARE SIGNIlCANT TO OUR HERITAGE 7HILE ONE GENERALLY ENVISIONS HOUSES CEMETERIES AND BATTLElELDS AS HAVING HISTORIC SIGNIlCANCE OTHER STRUCTURES SUCH AS DAMS AND BRIDGES CAN BE HISTORICALLY SIGNIlCANT AND MAY RECEIVE PROTECTION IF THEIR ENGINEERING IS UNIQUE AND OR THEY SERVED AN IMPORTANT ROLE IN LOCAL STATE OR NATIONAL HISTORY (ISTORIC PRESERVATION AND CONSERVATION ORGANIZATIONS OFTEN PARTNER ON ISSUES SUCH AS URBAN SPRAWL AND SMART GROWTH lNDING WAYS TO SIMULTANEOUSLY PRESERVE OUR NATION S HERITAGE AND NATURAL ENVIRONMENT !S OUR NATION S INFRASTRUCTURE CONTINUES TO AGE AND WE COME TO RECOGNIZE ITS IMPACT ON THE ENVIRONMENT RIVER RES TORATION PROJECTS CAN CREATE OPPORTUNITIES FOR HISTORIC PRESERVATION AND ENVIRONMENTAL RESTORATION INTERESTS TO WORK TOGETHER )N SOME CASES EFFORTS TO RESTORE RIVERS INVOLVE PROPOSALS FOR THE REMOVAL OF DAMS ! MAJORITY OF DAMS WERE CONSTRUCTED PRIOR TO PASSAGE OF BOTH THE .ATIONAL (ISTORIC 0RESERVATION !CT AND THE .ATIONAL %NVIRONMENTAL 0OLICY !CT AND THUS WERE BUILT WITHOUT THE PROCEDURAL SAFE GUARDS NOW MANDATED BY THOSE STATUTES 3OME OF THE DAMS THAT WERE ONCE INTEGRAL TO OUR NATION S GROWTHˆPROVIDING POWER FOR GRIST MILLS AND INDUSTRIAL CITIES MUNICIPAL DRINKING WATER AND ELEC TRICITYˆNO LONGER SERVE THEIR INTENDED PURPOSE COSTLY REPAIR MAY BE NEEDED TO PREVENT THEIR FAILURE AND ENSURE SAFETY AS THESE STRUCTURES AGE !CCORDING TO THE !MERICAN 3OCIETY OF #IVIL %NGINEERS ONE QUARTER OF THE NATION S DAMS ARE OLDER THAN YEARS THAT NUMBER WILL INCREASE TO PERCENT BY THE YEAR "ECAUSE OF THEIR DETERIORATION AND ADDITIONAL DOCUMENTATION ON THE DETRIMENTAL EF FECTS DAMS HAVE ON RIVER ECOSYSTEMS DAM REMOVAL HAS BECOME AN INCREASINGLY PRAGMATIC METHOD FOR RESTORING NATURAL RIVER FUNCTIONS AND ELIMINATING UNSAFE INFRASTRUCTURE 2EMOVING A DAM CAN PROVIDE MANY BENElTS SUCH AS ALLOWING MIGRATORY lSH SPECIES ACCESS TO HISTORIC SPAWNING GROUNDS PAGE
IMPROVING WATER QUALITY AND THE NATURAL MOVEMENT OF SEDIMENT AND OTHER NUTRIENTS AND
REESTABLISHING THE NATURAL mOW REGIME (OWEVER RESTORING ENVIRONMENTAL BALANCE TO OUR NATION S RIVERS MAY AFFECT HISTORIC STRUCTURES AND ARCHAEOLOGICAL SITES TRIGGERING STATE AND FEDERAL HISTOR IC PRESERVATION LAWS AND INTEREST IN PRESERVING A PIECE OF LOCAL HISTORY AS WELL AS PROVIDING AN OPPORTUNITY FOR HISTORIC DISCOVERY $AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES WAS WRITTEN BECAUSE TOO OFTEN ADVOCATES FOR RIVER RESTORATION THROUGH DAM REMOVAL lND THEMSELVES IN THE MIDDLE OF A PROJ ECT AND AT ODDS WITH POTENTIAL PARTNERS OVER MATTERS OF HISTORIC PRESERVATION $AM REMOVAL PRO PONENTS NEED TO BETTER UNDERSTAND THE PROCESSES ESTABLISHED TO PROTECT HISTORIC VALUES SO THEY CAN WORK MORE EFFECTIVELY IN PARTNERSHIP WITH HISTORIC PRESERVATION INTERESTS TO ESTABLISH AND ACHIEVE MUTUAL GOALS 7HILE THE HISTORIC lSHERIES THAT HELPED BUILD THIS NATION FROM PROVIDING SUSTENANCE TO 7ASHINGTON S TROOPS DURING THE !MERICAN 2EVOLUTION TO THEIR ROLE AS A SACRED SPECIES TO MANY TRIBES DESERVE RECOGNITION IT IS ALSO IMPORTANT TO RESPECT THE ROLE OF THE DAM AND IN SOME CASES THE IMPOUNDMENT IN BUILDING LOCAL COMMUNITIES AND SOMETIMES AS THE SOCIAL CENTER FOR A TOWN 4HE PRIMARY AUDIENCES FOR THIS REPORT ARE DAM REMOVAL PROJECT MANAGERS SUCH AS STATE AGENCIES COMMUNITY LEADERS WATERSHED GROUPS CONSULTANTS )T IS ALSO OUR HOPE THAT LOCAL HISTORIC PRESERVA TION SOCIETIES AND ASSOCIATIONS WILL ALSO lND IT USEFUL &URTHERMORE WE HOPE THAT THIS DOCUMENT WILL HELP PARTIES INVOLVED IN SUCH ENDEAVORS TO BUILD CONSTRUCTIVE RELATIONSHIPS AND SUCCESSFULLY RECONCILE POTENTIALLY COMPETING OBJECTIVES 4HIS REPORT BEGINS WITH A PRIMER ON 3ECTION OF THE .ATIONAL (ISTORIC 0RESERVATION !CT THE FED ERAL LAW THAT APPLIES TO MANY PROPOSED DAM REMOVAL PROJECTS 3TATE AND LOCAL HISTORIC PRESERVATION LAWS MAY ALSO PERTAIN TO PROPOSED DAM REMOVAL PROJECTS )N MOST CASES STATE AND LOCAL HISTORIC PRESERVATION LAWS PARALLEL THE FEDERAL LAW AND COMPLIANCE WITH ALL LEVELS OF JURISDICTION CAN BE ACHIEVED IN A SINGLE PROCESS 4HE REPORT ALSO EXAMINES OPPORTUNITIES FOR HISTORIC PRESERVATION AND ENVIRONMENTAL INTERESTS TO PARTICIPATE IN PRODUCTIVE DISCUSSIONS ABOUT WHETHER A PROPOSED DAM REMOVAL COULD ADVERSELY AFFECT HISTORIC RESOURCES AND IF SO WORK TOGETHER TO IDENTIFY METHODS FOR AVOIDING MINIMIZING OR MITIGATING THE ADVERSE EFFECTS OF THE DAM REMOVAL PROJECT &INALLY THIS REPORT PROVIDES CASE STUDIES OF ACTUAL DAM REMOVAL PROJECTS THAT HAVE ADDRESSED HISTOR IC ISSUES SEE !PPENDIX ! AND AN OVERVIEW OF FEDERAL STATE AND TRIBAL HISTORIC PRESERVATION LAWS SEE !PPENDIX " 7HETHER YOU ARE A DAM OWNER COMMUNITY MEMBER STATE OR FEDERAL AGENCY HIS TORICAL SOCIETY AN ADVOCATE FOR RIVER RESTORATION AND OR HISTORIC PRESERVATION THIS REPORT PROVIDES YOU WITH IMPORTANT INFORMATION ABOUT RECONCILING THE DUAL OBJECTIVES OF DAM REMOVAL AND HISTORIC PRESERVATION AND MAKING THE OFTEN DIFlCULT CHOICES BETWEEN COMPELLING CASES TO RESTORE RIVERS OR RETAIN HISTORIC VALUE
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3ECTION OF THE .ATIONAL (ISTORIC 0RESERVATION !CT )N #ONGRESS PASSED THE .ATIONAL (ISTORIC 0RESERVATION !CT .(0! 4HE INTENT AS STATED IN THE OPENING SECTION OF THE .(0! IS THAT hTHE HISTORICAL AND CULTURAL FOUNDATIONS OF THE .ATION SHOULD BE PRESERVED AS A LIVING PART OF OUR COMMUNITY LIFE AND DEVELOPMENT IN ORDER TO GIVE A SENSE OF ORIENTATION TO THE !MERICAN PEOPLE v ; 53# B = 3ECTION OF THE .(0! REQUIRES FEDERAL AGENCIES TO FOLLOW A REVIEW AND CONSULTATION PROCESS TO CONSIDER THE EFFECTS OF ALL THEIR UNDERTAKINGS ON HISTORIC PROPERTIES WHETHER THOSE PROPERTIES ARE FEDERALLY OWNED OR NOT 4HE !DVISORY #OUNCIL ON (ISTORIC 0RESERVA TION !#(0 MUST BE AFFORDED THE OPPORTUNITY TO COMMENT ON ANY FEDERAL PROJECT THAT MAY AFFECT PROPERTIES THAT ARE LISTED ON OR ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES h4HE .ATIONAL 2EGISTER OF (ISTORIC 0LACES IS THE .ATION S OFlCIAL LIST OF CULTURAL RE SOURCES WORTHY OF PRESERVATION !UTHORIZED UNDER THE (ISTORIC 3ITES !CT OF AND EXPANDED UNDER .ATIONAL (ISTORIC 0RESERVATION !CT OF THE .ATIONAL 2EGISTER IS PART OF A NATIONAL PROGRAM TO COORDINATE AND SUPPORT PUBLIC AND PRIVATE EFFORTS TO IDEN TIFY EVALUATE AND PROTECT HISTORIC AND ARCHAEOLOGICAL RESOURCES 0ROPERTIES LISTED ON THE 2EGISTER INCLUDE DISTRICTS SITES BUILDINGS STRUCTURES AND OBJECTS THAT ARE SIGNIl CANT IN !MERICAN HISTORY ARCHITECTURE ARCHAEOLOGY ENGINEERING AND CULTURE 4HE .A TIONAL 2EGISTER IS ADMINISTERED BY THE .ATIONAL 0ARK 3ERVICE WHICH IS PART OF THE 5 3 $EPARTMENT OF THE )NTERIOR .ATIONAL 2EGISTER PROPERTIES ARE DISTINGUISHED BY HAVING BEEN DOCUMENTED AND EVALU ATED ACCORDING TO UNIFORM STANDARDS 4HESE CRITERIA RECOGNIZE THE ACCOMPLISHMENTS OF ALL PEOPLES WHO HAVE CONTRIBUTED TO THE HISTORY AND HERITAGE OF THE 5NITED 3TATES AND ARE DESIGNED TO HELP STATE AND LOCAL GOVERNMENTS FEDERAL AGENCIES AND OTHERS IDENTIFY IMPORTANT HISTORIC AND ARCHAEOLOGICAL PROPERTIES WORTHY OF PRESERVATION AND OF CONSID ERATION IN PLANNING AND DEVELOPMENT DECISIONS (ISTORIC PLACES ARE NOMINATED TO THE .ATIONAL 2EGISTER BY THE 3TATE (ISTORIC 0RESER VATION /FlCER 3(0/ OF THE 3TATE IN WHICH THE PROPERTY IS LOCATED BY THE &EDERAL 0RESERVATION /FlCER &0/ FOR PROPERTIES UNDER &EDERAL OWNERSHIP OR CONTROL OR BY THE 4RIBAL (ISTORIC 0RESERVATION /FlCER 4(0/ IF THE PROPERTY IS ON TRIBAL LANDS !NY ONE CAN PREPARE A NOMINATION TO THE .ATIONAL 2EGISTER GENERALLY NOMINATION FORMS ARE DOCUMENTED BY PROPERTY OWNERS LOCAL GOVERNMENTS HISTORICAL SOCIETIES OR 3(0/ &0/ OR 4(0/ STAFF .OMINATIONS BY 3TATES ARE SUBMITTED TO A 3TATE REVIEW BOARD COMPOSED OF PROFESSION ALS IN THE lELDS OF !MERICAN HISTORY ARCHITECTURAL HISTORY ARCHITECTURE PREHISTORIC AND HISTORIC ARCHAEOLOGY AND OTHER RELATED DISCIPLINES 4HE REVIEW BOARD MAKES A RECOM MENDATION TO THE 3(0/ EITHER TO APPROVE THE NOMINATION IF IN THE BOARD S OPINION IT MEETS THE .ATIONAL 2EGISTER CRITERIA OR TO DISAPPROVE THE NOMINATION IF IT DOES NOT v 4HE 3(0/ 4(0/ THEN FORWARDS THE NOMINATION TO THE .03 FOR LISTING IN THE .ATIONAL 2EGISTER 0ROPERTY OWNERS AND LOCAL OFlCIALS ARE NOTIlED OF THE INTENT TO NOMINATE )F THE OWNER OF PAGE
A PRIVATE PROPERTY OR THE MAJORITY OF PRIVATE OWNERS OF A PROPERTY OR DISTRICT WITH MULTIPLE
OWNERS OBJECTS TO THE NOMINATION THE HISTORIC PROPERTY CANNOT BE LISTED IN THE .ATIONAL 2EGISTER 4HE 3(0/ 4(0/ MAY HOWEVER FORWARD THE NOMINATION TO THE .03 FOR A FORMAL DETERMINATION OF ELIGIBILITY -OST STATES AND MANY COUNTIES AND MUNICIPAL GOVERNMENTS ALSO MAINTAIN REGISTERS OF PROPERTIES THAT ARE SIGNIlCANT TO THEIR HISTORY )T IS IMPORTANT TO NOTE THAT THE APPLICABLE REGULATIONS ARE DESIGNED TO PROVIDE A FRAMEWORK FOR PROBLEM SOLVING 3ECTION REGULATIONS DO NOT MANDATE AN OUTCOME THEY PRESCRIBE A PROCESS )F IT IS DETERMINED THAT A DAM S REMOVAL MAY HAVE AN ADVERSE EFFECT ON HISTORIC PROPERTIES THE 3ECTION PROCESS REQUIRES THE CONSIDERATION OF ALTERNATIVE WAYS TO AC COMPLISH THE GOALS OF THE PROPOSED PROJECT E G lSH PASSAGE PUBLIC SAFETY ELIMINATION OF LIABILITY WATER QUALITY IMPROVEMENTS IN CONSULTATION WITH THE 3TATE 4RIBAL (ISTORIC 0RESERVATION /FlCER FEDERALLY RECOGNIZED )NDIAN TRIBES THAT ATTACH RELIGIOUS AND CULTURAL SIGNIlCANCE TO AFFECTED PROPERTIES REPRESENTATIVES FROM LOCAL GOVERNMENT THE DAM AD MINISTRATOR IF AN APPLICANT FOR A FEDERAL LICENSE OR PERMIT AND OTHER INTERESTED PARTIES 4HE FEDERAL AGENCY WITH JURISDICTION OVER THE UNDERTAKING MUST ALSO SEEK AND CONSIDER VIEWS OF THE PUBLIC DURING THE 3ECTION PROCESS 4HE CONSIDERATION OF ALTERNATIVES UNDER THE .(0! IS CONSISTENT WITH MANY ENVIRONMEN TAL LAWS AND REGULATIONS 3EE !PPENDIX " FOR A MORE DETAILED DESCRIPTION OF THE 3ECTION PROCESS !LTERNATIVES MUST BE CONSIDERED TO AVOID MINIMIZE AND WHEN IMPACTS ARE UNAVOIDABLE MITIGATE THEIR EFFECTS ON HISTORIC PROPERTIES !LTHOUGH 3ECTION STRONGLY ENCOURAGES PRESERVATION IT ALSO RECOGNIZES THAT PROJECTS MAY PROCEED DESPITE ADVERSE EF FECTS ON HISTORIC PROPERTIES IF THE LEAD FEDERAL AGENCY DETERMINES IT TO BE IN THE BEST INTEREST OF THE PUBLIC $ECISIONS TO PROCEED WITH A DAM REMOVAL PROJECT THAT WOULD ADVERSELY AFFECT HISTORIC PROPERTIES ARE TYPICALLY FORMALIZED THROUGH A -EMORANDUM OF !GREEMENT -/! !N -/! SPELLS OUT THE VARIOUS MEASURES AVOIDANCE MINIMIZATION MITIGATION THAT ARE AGREED UPON BY THE FEDERAL AGENCY AND CONSULTING PARTIES IDENTIlES WHO IS RESPONSIBLE FOR CARRYING THEM OUT AND PROVIDES FORMAL DOCUMENTATION THAT THE FEDERAL AGENCY HAS MET THE REQUIREMENTS OF 3ECTION
7HO )S 2ESPONSIBLE &OR )MPLEMENTING 3ECTION AND $ETERMINING )F 4HE 0ROJECT #OULD !FFECT (ISTORIC 0ROPERTIES )T IS THE RESPONSIBILITY OF THE FEDERAL AGENCY OR AGENCIES WITH JURISDICTION OVER A DAM RE MOVAL PROJECT TO COMPLY WITH 3ECTION ; #&2 e A = 4HIS INCLUDES BUT IS NOT LIMITED TO FEDERAL AGENCIES THAT PROVIDE FUNDING OR TECHNICAL ASSISTANCE TO IMPLEMENT THE PROJECT AND FEDERAL AGENCIES THAT HAVE JURISDICTIONAL AUTHORITY TO GRANT A PERMIT APPROVAL OR
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LICENSE FOR THE DAM REMOVAL PROJECT 7HILE PLANNING FUNDING FOR PLANNING AND INITIAL DESIGN ARE NOT CONSIDERED UNDERTAKINGS UNDER 3ECTION DISCUSSIONS WITH 3(0/ 4(0/ STAFF DURING THE PLANNING STAGES CAN SAVE YOU TIME AND MONEY IN THE LONG RUN &EDERAL AGENCIES THAT ARE LIKELY TO HAVE JURISDICTION INCLUDE THE !RMY #ORPS OF %NGINEERS "U REAU OF ,AND -ANAGEMENT %NVIRONMENTAL 0ROTECTION !GENCY &EDERAL %NERGY 2EGULATORY #OMMISSION &ISH AND 7ILDLIFE 3ERVICE .ATIONAL -ARINE &ISHERIES 3ERVICE AND THE &OREST 3ERVICE )F MORE THAN ONE FEDERAL AGENCY IS INVOLVED THEY MAY BUT ARE NOT REQUIRED TO DESIGNATE A LEAD FEDERAL AGENCY %STABLISHING A LEAD FEDERAL AGENCY CAN HELP TO ENSURE AN EF lCIENT AND CONSISTENT APPROACH DURING THE PROCESS OF STUDYING DESIGNING AND IMPLEMENT ING A DAM REMOVAL PROJECT INCLUDING HOW THE PROJECT MAY IMPACT HISTORIC PROPERTIES 4HE FEDERAL AGENCY IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER ITS UNDERTAKING E G l NANCIAL OR TECHNICAL ASSISTANCE PERMIT APPROVAL IS A TYPE OF ACTIVITY THAT HAS THE POTENTIAL TO AFFECT HISTORIC PROPERTIES ; #&2 e A = !T THIS EARLY POINT IN THE PROCESS IT DOES NOT MATTER WHETHER ANY HISTORIC PROPERTIES ARE KNOWN TO BE PRESENT 2ATHER THE FOCUS IS ON THE TYPE OF ACTIVITY THAT THE AGENCY IS PROPOSING TO CONDUCT )N THE MAJORITY OF CASES WHERE THE UNDERTAKING HAS INVOLVED A PROPOSED DAM REMOVAL THE AGENCY HAS DETERMINED THAT THE POTENTIAL FOR HISTORIC PROPERTIES TO BE AFFECTED EXISTS
)NVOLVING +EY 3TAKEHOLDERS )N THE $ISCUSSION 7HEN A FEDERAL AGENCY DETERMINES THAT ITS UNDERTAKING E G DAM REMOVAL HAS THE POTEN TIAL TO AFFECT HISTORIC PROPERTIES THE AGENCY CONTINUES THE 3ECTION PROCESS BY INITIATING CONSULTATION WITH INTERESTED PEOPLE AND GROUPS #ONSULTATION IS A CENTRAL PART OF THE 3ECTION PROCESS 4HE OBJECTIVE IS TO BRING INTERESTED STAKEHOLDERS INTO THE DISCUSSION PROCESS AS EARLY AS POSSIBLE 4HE FEDERAL AGENCY MAY DE CIDE TO INITIATE CONSULTATION DURING A DAM REMOVAL FEASIBILITY STUDY 3UCH EARLY COORDINATION ENABLES THE DEVELOPMENT OF PROJECT ALTERNATIVES TO CONSIDER EFFECTS TO HISTORIC PROPERTIES 7AITING TO START THIS CONSULTATION UNTIL A DAM REMOVAL PROJECT HAS BEEN DESIGNED AND A PERMIT APPLICATION HAS BEEN SUBMITTED HAS THE POTENTIAL TO RESULT IN PERMITTING DELAYS OR DE NIAL )SSUES RAISED LATE IN THE PLANNING PROCESS COULD RESULT IN A DECISION TO REDESIGN PORTIONS OF THE PROJECT CAUSING INCREASED PROJECT COSTS AND FURTHER PROJECT SETBACKS $ELAYING THE 3ECTION CONSULTATION PROCESS CAN ALSO LEAD TO CONTENTIOUS INTERACTIONS WITH STAKEHOLDERS WHO ARE CONCERNED ABOUT THE PROJECT S POTENTIAL CONSEQUENCES FOR HISTORIC PROPERTIES 4HESE STRESSES CAN LARGELY BE AVOIDED WITH EARLY CONSULTATION 4HE FEDERAL AGENCY IS REQUIRED TO CONSULT WITH SEVERAL PARTIES THE APPLICABLE 3TATE (IS TORIC 0RESERVATION /FlCER AND OR 4RIBAL (ISTORIC 0RESERVATION /FlCER 3(0/ 4(0/ PAGE
FEDERALLY RECOGNIZED )NDIAN TRIBES OR .ATIVE (AWAIIAN ORGANIZATIONS THE LOCAL GOVERNMENT S DIRECTLY AFFECTED BY THE PROJECT THE PROJECT APPLICANT TYPICALLY THE DAM OWNER THE .A TIONAL 0ARK 3ERVICE .03 WHEN THE PROPERTY IN QUESTION IS A .ATIONAL (ISTORIC ,ANDMARK ; #&2 e = OR WITHIN A UNIT OF THE .ATIONAL 0ARK SYSTEM AND lNALLY THE !DVISORY #OUNCIL ON (ISTORIC 0RESERVATION WHEN NECESSARY TO UPHOLD THE 3ECTION PROCESS !D DITIONAL STAKEHOLDERS INTERESTED INDIVIDUALS AND ORGANIZATIONS MAY ALSO BE INCLUDED AT THIS POINT OR CAN BECOME INVOLVED LATER IN THE 3ECTION PROCESS
#ONSULTATION IS A CENTRAL PART OF THE 3ECTION PROCESS 4HE OBJECTIVE IS TO BRING INTERESTED STAKEHOLDERS INTO THE DISCUSSION PROCESS AS EARLY AS POSSIBLE
$UE TO A PROJECT APPLICANT S CLEAR INTEREST IN THE IMPACT OF 3ECTION REVIEWS ON THEIR PROJECT A FEDERAL AGENCY MAY AUTHORIZE THE PROJECT APPLICANT OR GROUP OF APPLICANTS TO FORMALLY INITIATE 3ECTION CONSULTATION )N SUCH CASES THE FEDERAL AGENCY MUST NOTI FY THE 3(0/ 4(0/ (OWEVER THE FEDERAL AGENCY RETAINS THE ULTIMATE DECISION MAKING AUTHORITY FOR ALL lNDINGS AND DETERMINATIONS 4HESE DECISIONS CANNOT BE DELEGATED TO THE PROJECT APPLICANT
)DENTIFYING (ISTORIC 0ROPERTIES /NCE IT IS DETERMINED THAT A DAM REMOVAL COULD AFFECT HISTORIC PROPERTIES AND A LEAD FEDERAL AGENCY HAS BEEN ESTABLISHED THE NEXT STEP IN THE 3ECTION PROCESS IS TO ACTUALLY IDENTIFY PROPERTIES THAT COULD BE AFFECTED BY THE PROPOSED DAM REMOVAL ! hPROPERTYv CAN BE A BUILDING STRUCTURE SITE OBJECT OR DISTRICT THAT CONTAINS MULTIPLE BUILDINGS STRUCTURES AND CULTURAL LANDSCAPES 4HE SIGNIlCANCE OF A DAM AND ITS IMPOUNDMENT NEED TO BE EVALUATED WITHIN THE HISTORIC CONTEXT AND CULTURAL LANDSCAPE 4HE FEDERAL AGENCY lRST ESTABLISHES A SCOPE FOR THE INVESTIGATION CALLED THE !REA OF 0OTEN TIAL %FFECTS !0% 7HILE !0%S ARE SITE SPECIlC THE !0% OF MOST DAM REMOVAL PROJECTS INCLUDES THE DAM AND THE LENGTH OF RIVER UPSTREAM THAT WOULD BE DIRECTLY OR INDIRECTLY AFFECTED BY THE DAM S REMOVAL I E EXTENT OF THE IMPOUNDMENT OR RESERVOIR !REAS THAT WOULD BE DIRECTLY IMPACTED BY CONSTRUCTION ACTIVITIES E G ACCESS ROADS PATHS BORROW PITS DISPOSAL AREAS EQUIPMENT STAGING AREAS SHOULD ALSO BE INCLUDED IN THE !0% !REAS WITHIN THE VIEWSHED OF THE DAM AND IMPOUNDMENT MAY ALSO BE INCLUDED IN THE !0% !GAIN AT THIS POINT IT DOES NOT MATTER WHETHER HISTORIC PROPERTIES ARE KNOWN TO EXIST IN THE AREA 4HE INTENT OF ESTABLISHING THE !0% IS TO DELINEATE AN AREA THAT INCLUDES ALL PROPERTIES THAT COULD BE AFFECTED BY THE PROPOSED DAM REMOVAL
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$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
-OST DAMS WILL NOT BE ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER AS AN INDIVIDUAL PROP ERTY BUT MAY BE A SIGNIlCANT CONTRIBUTING RESOURCE TO A .ATIONAL 2EGISTER HISTORIC DISTRICT (ISTORIC OR CULTURAL RESOURCES ASSOCIATED WITH THE DAM SHOULD BE EVALUATED &OR EXAMPLE A HISTORIC BOAT CLUB ASSOCIATED WITH WATER RECREATION WOULD BE AFFECTED IF THE REMOVAL CHANGES THE HISTORIC USE OF THE RIVER #ONVERSELY REMOVAL OF THE DAM MAY ALSO RESTORE THE HISTORIC USE OF THE RIVER THROUGH THE RESTORATION OF NATIVE SPECIES THAT SUSTAINED TRIBES AND EARLY COLONIAL SETTLERS /NCE THE !0% IS ESTABLISHED THE PROCESS FOR IDENTIFYING HISTORIC PROPERTIES BEGINS %XIST ING HISTORICAL INFORMATION ON THE PROPERTIES WITHIN THE !0% SHOULD BE OBTAINED FROM THE 3TATE (ISTORIC 0RESERVATION /FlCE THE STATE DAM SAFETY OFlCE THE LOCAL HISTORICAL SOCIETY AND OTHER STAKEHOLDERS 'APS IN KNOWLEDGE ABOUT PROPERTIES LOCATED WITHIN THE !0% AND THEIR HISTORIC AND CULTURAL CONTEXT MAY NECESSITATE ADDITIONAL RESEARCH WHICH IS TYPICALLY CONDUCTED BY A HISTORIC RESOURCE PROFESSIONAL E G CONSULTANT OR DESIGNATED PERSON WITHIN THE FEDERAL AGENCY 4HE LEVEL OF EFFORT ASSOCIATED WITH THIS STEP VARIES WITH THE SCALE AND SCOPE OF EACH PROJECT )T MAY REQUIRE RELATIVELY MINOR TO SUBSTANTIAL BACKGROUND RESEARCH INCLUDING ARCHIVAL INVESTIGATIONS CONSULTATION WITH STAKEHOLDERS ORAL HISTORY INTERVIEWS lELD INVESTIGATIONS AND OR lELD SURVEY 4HE FEDERAL AGENCY IS REQUIRED TO MAKE A hREASONABLE AND GOOD FAITH EFFORTv TO GATHER THE INFORMATION NECESSARY TO IDENTIFY HISTORIC PROPERTIES ; #&2 e B = 4YPICALLY THE PROCESS OF GATHERING THIS INFORMATION CULMINATES IN A REPORT OF lNDINGS 4HE FEDERAL AGENCY IS RESPONSIBLE FOR EVALUATING THESE lNDINGS AGAINST THE .ATIONAL 2EGISTER CRITERIA SEE BELOW 4HE PURPOSE OF THE EVALUATION IS TO DETERMINE WHETHER PROPERTIES WITHIN THE !0% ARE ELIGIBLE FOR THE .ATIONAL 2EGISTER AND THUS SUBJECT TO FURTHER 3ECTION REVIEW 4HIS EVALUATION IS CONDUCTED IN CONSULTATION WITH THE 3(0/ 4(0/ AND ANY APPLICABLE )NDIAN TRIBE OR .ATIVE (AWAIIAN ORGANIZATION .ATIONAL 2EGISTER #RITERIA FOR %VALUATION STATE THAT h4HE QUALITY OF SIGNIlCANCE IN !MERICAN HISTORY ARCHITECTURE ARCHAEOLOGY ENGINEER ING AND CULTURE THAT IS PRESENT IN DISTRICTS SITES BUILDINGS STRUCTURES AND OBJECTS THAT POSSESS INTEGRITY OF LOCATION DESIGN SETTING MATERIALS WORKMANSHIP FEELING AND AS SOCIATION AND A 4HAT ARE ASSOCIATED WITH EVENTS THAT HAVE MADE A SIGNIlCANT CONTRIBUTION TO THE BROAD PATTERNS OF OUR HISTORY OR B 4HAT ARE ASSOCIATED WITH THE LIVES OF PERSONS SIGNIlCANT IN OUR PAST OR C 4HAT EMBODY THE DISTINCTIVE CHARACTERISTICS OF A TYPE PERIOD OR METHOD OF CONSTRUCTION OR THAT REPRESENT THE WORK OF A MASTER OR THAT POSSESS HIGH ARTISTIC VALUES OR THAT REPRESENT A SIGNIlCANT AND DISTINGUISHABLE ENTITY WHOSE COMPONENTS MAY LACK INDIVIDUAL DISTINCTION OR PAGE
D 4HAT HAVE YIELDED OR MAY BE LIKELY TO YIELD INFORMATION IMPORTANT IN PREHISTORY OR HISTORY ; #&2 e =v 'ENERALLY A PROPERTY THAT HAS ACHIEVED SIGNIlCANCE WITHIN THE PAST YEARS IS NOT CONSID ERED ELIGIBLE FOR THE .ATIONAL 2EGISTER UNLESS IT IS OF EXCEPTIONAL IMPORTANCE .ATIONAL 2EGISTER ELIGIBLE PROPERTIES MAY BE DEEMED SIGNIlCANT AT A NATIONAL STATE OR LOCAL LEVEL )N ADDITION TO SIGNIlCANCE UNDER CRITERION A B C D OR SOME COMBINATION THE PROP ERTY MUST ALSO POSSESS INTEGRITY OF SETTING MATERIALS WORKMANSHIP AND ASSOCIATION 0ROPERTIES MAY ALSO MEET THE .ATIONAL 2EGISTER CRITERIA BECAUSE OF THEIR ROLE IN A LIVING COMMUNITY S TRADITION RELIGION BELIEFS CUSTOMS AND PRACTICES .ATURAL FEATURES SUCH AS A WATERFALL RAPIDS OR TRADITIONAL lSHING GROUNDS MAY ALSO BE ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER !FTER THE FEDERAL AGENCY HAS APPLIED THE .ATIONAL 2EGISTER CRITERIA TO A PROPERTY IT DETER MINES WHETHER IN ITS OPINION THE PROPERTY IS ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER 4HE FEDERAL AGENCY SHOULD CONSULT WITH STAKEHOLDERS DURING ITS DELIBERATION AND ULTIMATELY SEEK TO ACHIEVE CONSENSUS WITH THE 3(0/ 4(0/ ON THIS DETERMINATION )F THERE IS DIS AGREEMENT FURTHER DISCUSSIONS SHOULD TAKE PLACE ,OCAL KNOWLEDGE OF A PROPERTY IS EXTREMELY IMPORTANT TO A WELL INFORMED EVALUATION PRO CESS 3OMETIMES IT IS THE LOCAL KNOWLEDGE AND DOCUMENTATION OF A PROPERTY S HISTORY THAT ULTIMATELY RESULTS IN A lNDING OF HISTORICAL SIGNIlCANCE UNDER FEDERAL OR STATE LAW /THER TIMES A COMMUNITY MAY CONSIDER A PROPERTY TO HAVE hHISTORIC VALUEv BUT IT TECHNI CALLY DOES NOT MEET THE .ATIONAL 2EGISTER CRITERIA 7HILE THE COMMUNITY MAY lND THIS DETERMINATION TO BE DISAPPOINTING THE .ATIONAL 2EGISTER CRITERIA ARE MEANT TO PROVIDE IM PORTANT PROFESSIONAL STANDARDS BECAUSEˆAS ONE !DVISORY #OUNCIL ON (ISTORIC 0RESERVATION !#(0 STAFF MEMBER HAS STATEDˆvWHEN EVERY DAM BUILDING OR ARCHAEOLOGICAL SITE IS HISTORICALLY SIGNIlCANT NONE ARE SIGNIlCANT v )N RESPONSE TO AN INCREASING NUMBER OF PROPOSED DAM REMOVAL PROJECTS SOME STATES ARE RECOGNIZING THE NEED TO BETTER EVALUATE THE RELATIVE HISTORIC SIGNIlCANCE OF DAMS WITHIN THEIR STATE &OR EXAMPLE 6ERMONT HAS DEVELOPED A SET OF hVALUE CATEGORIESv TO BETTER DETERMINE THE RELATIVE IMPORTANCE OF ONE hSIGNIlCANTv DAM OVER ANOTHER hSIGNIlCANTv DAM 4HESE CRITERIA WERE GENERATED TO DISTINGUISH THOSE DAMS THAT MOST DESERVE TO BE PRESERVED 4HESE CONSID ERATIONS ARE NOT INTENDED TO REPLACE THE .ATIONAL 2EGISTER CRITERIA BUT RATHER TO SUPPLEMENT PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
THEM )F A FEDERAL ACTION WERE INVOLVED THESE CRITERIA WOULD MOST LIKELY BE FOLDED INTO A .ATIONAL 2EGISTER SIGNIlCANCE EVALUATION 4HE VALUE CATEGORIES INCLUDE (OW LONG A DAM HAS BEEN AT A PARTICULAR LOCATION 4HE EXTENT TO WHICH A HISTORIC ENVIRONMENT STILL EXISTS AROUND A DAM SITE E G BUILDINGS OR ARCHAEOLOGICAL REMAINS THAT ARE PART OF THE ORIGINAL COMMUNITY 4HE EXTENT TO WHICH FEATURES DIRECTLY ASSOCIATED WITH THE HISTORICAL FUNCTION OF A DAM REMAIN PRESENT TO ILLUSTRATE WHAT THE DAM WAS FOR AND HOW IT WORKED E G MILL BUILD INGS CANALS ETC )NTRINSIC PHYSICAL CHARACTERISTICS OF A DAM AS IT EXISTS TODAY TO DETERMINE WHETHER IT MIGHT REPRESENT A PARTICULARLY UNUSUAL TYPE OF DAM OR MIGHT BE IMPORTANT IN THE HIS TORY OF DAMS AND ENGINEERING 4HE AGE OF AN EXISTING DAM IN RELATION TO THE TIME PERIOD IT WAS BUILT E G THE EARLIER A DAM WAS BUILT WITHIN THE PERIOD OF THAT TYPE OF CONSTRUCTION MAY HAVE GREATER VALUE AND 4HE EXTENT TO WHICH A DAM POSSESSES HISTORICAL INTEGRITYˆMEANING THE DEGREE TO WHICH THE ORIGINAL DESIGN WORKMANSHIP AND MATERIAL OF THE DAM REMAINS
7ILL (ISTORIC 0ROPERTIES "E !DVERSELY !FFECTED 7HEN PROPERTIES WITHIN THE !0% ARE ALREADY LISTED IN THE .ATIONAL 2EGISTER OR ARE FOUND TO BE ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER THE RESPONSIBLE FEDERAL AGENCY MUST DE TERMINE WHETHER THE DAM REMOVAL AND ASSOCIATED ACTIVITIES HAVE THE POTENTIAL TO ADVERSELY AFFECT THOSE PROPERTIES 4HIS DETERMINATION MUST BE CONDUCTED IN CONSULTATION WITH THE 3(0/ 4(0/ AND THE CONSULTING PARTIES !N ADVERSE EFFECT OCCURS WHEN THE INTEGRITY OF THE HISTORIC PROPERTY MAY BE DIMINISHED THROUGH AN ALTERATION OF CHARACTERISTICS THAT QUALIFY THE PROPERTY FOR THE .ATIONAL 2EGISTER !DVERSE EFFECTS INCLUDE BUT ARE NOT LIMITED TO PHYSICAL DESTRUCTION OR DAMAGE ALTERATION THAT IS NOT CONSISTENT WITH LEGAL STANDARDS FOR PROPERTY MAINTENANCE REMOVAL FROM HISTORIC LOCATION CHANGES TO THE CHARACTER OF THE PROPERTY S USE OR SETTING AND NEGLECT LEADING TO DETERIORATION #LEARLY THE PROSPECT OF REMOVING A DAM HAS THE POTENTIAL TO BE CONSIDERED AN ADVERSE EFFECT UNDER 3ECTION %VEN IF THE DAM ITSELF IS NOT ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER OTHER PROPERTIES SUCH AS ARCHAEOLOGICAL SITES OR HISTORIC MILL BUILDINGS WITHIN THE !0% MAY BE ADVERSELY AFFECTED BY A DAM S REMOVAL PAGE
)T IS IMPORTANT TO NOTE THAT DAMS AND OR ASSOCIATED PROPERTIES THAT ARE LISTED OR ELIGIBLE TO BE LISTED IN THE .ATIONAL 2EGISTER ARE NOT NECESSARILY SACROSANCT 4HE OPTION OF REMOVING OR ALTERING SUCH STRUCTURES CAN STILL BE CONSIDERED AND MAY BE ALLOWED TO OCCUR FOLLOWING THE SUCCESSFUL COMPLETION OF THE 3ECTION CONSULTATION PROCESS /NCE THE RESPONSIBLE FEDERAL AGENCY DETERMINES THAT AN UNDERTAKING MAY HAVE AN ADVERSE EFFECT ON HISTORIC PROPERTIES WITHIN THE !0% IT PROCEEDS WITH THE RESOLUTION OF ADVERSE EF FECTS &OR MANY PROPOSED DAM REMOVAL PROJECTS THIS IS THE HEART OF THE 3ECTION PROCESS )T IS DURING THIS PHASE THAT THE FEDERAL AGENCY THE 3(0/ 4(0/ AND THE OTHER CONSULTING PARTIES DISCUSS THE VARIOUS OPTIONS TO AVOID MINIMIZE AND OR MITIGATE THE ADVERSE EFFECTS OF THE DAM REMOVAL PROJECT 4HE lNAL RESULT OF THESE DISCUSSIONS IS AN -/! THAT SPELLS OUT THE MEASURES THAT ARE AGREED UPON BY THE FEDERAL AGENCY AND CONSULTING PARTIES IDENTIlES WHO IS RESPONSIBLE FOR CAR RYING THEM OUT AND PROVIDES DOCUMENTATION THAT THE AGENCY HAS MET THE REQUIREMENTS OF 3ECTION .OTEWORTHY OPTIONS FOR ACHIEVING THE GOALS OF HISTORIC PRESERVATION AND RIVER RESTORATION ARE DESCRIBED BELOW !DDITIONAL CASE STUDY EXAMPLES ARE FOUND IN !PPENDIX ! &OR GREATER DETAIL ON FEDERAL HISTORIC PRESERVATION LAWS SEE !PPENDIX " %XAMPLES OF STATE HISTORIC PRESERVATION LAWS ARE DESCRIBED IN !PPENDIX #
/PTIONS &OR !CHIEVING (ISTORIC 0RESERVATION AND $AM 2EMOV AL 'OALS 0RESERVATION $OCUMENTATION AND -ITIGATION 7HEN DISCUSSING DAMS AND DAM REMOVAL IT IS IMPORTANT TO REMEMBER THAT ONE SIZE DOES NOT lT ALL 4HERE IS NO hCOOKIE CUTTERv APPROACH TO DESIGNING PLANNING AND IMPLEMENTING DAM REMOVAL PROJECTS BECAUSE EVERY SITE IS DIFFERENT 4HE SAME PRINCIPLE APPLIES TO HISTORIC PRESERVATION 4HE LEVEL OF STUDY EXTENT OF CONSULTATION AND TYPES OF ALTERNATIVES DEVELOPED THROUGH THE 3ECTION PROCESS ARE DETERMINED BY THE SCALE AND SCOPE OF THE PROJECT 4HERE ARE MANY CREATIVE OPTIONS THAT CAN BE CONSIDERED TO MEET THE NEEDS OF ADVOCATES OF BOTH HISTORIC PRESERVATION AND NATURAL RESOURCES !PPLYING THE 3ECTION PROCESS TO A PROPOSED DAM REMOVAL PROJECT ALLOWS FOR THE POSSIBILITY OF A WIDE RANGE OF DECISIONS FROM RETAINING AND RESTORING THE DAM TO REMOVING THE DAM ENTIRELY AND PROVIDING APPROPRIATE MITIGATION 4HE INTENT OF 3ECTION IS THAT THE ULTIMATE DECISION IS BASED UPON A WELL INFORMED PRO CESS THAT IS COMMENSURATE WITH THE SCALE OF THE PROJECT 7HEN AN -/! MUST BE NEGOTIATED PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
TO RESOLVE ADVERSE EFFECTS ON HISTORIC PROPERTIES IT IS IMPORTANT FOR THE RESPONSIBLE FEDERAL AGENCY AND CONSULTING PARTIES TO WORK TOGETHER CONSTRUCTIVELY !#(0 HAS DESCRIBED THE DEVELOPMENT OF AN -/! AS A hCOMPROMISE BETWEEN THE IDEAL AND THE PRACTICAL v 4HE GOAL IS TO IDENTIFY SOLUTIONS THAT WILL LEAVE ALL PARTIES SATISlED
0RESERVING A 0IECE OF (ISTORY /FTEN HISTORIC PRESERVATIONISTS ARCHAEOLOGISTS AND CONCERNED MEMBERS OF THE PUBLIC EN GAGE IN 3ECTION CONSULTATIONS WITH THE GOAL OF MAINTAINING THE STATUS QUO AND PRESERV ING THE DAM AND ITS IMPOUNDMENT 3TEWARDSHIP OF HISTORIC AND CULTURAL RESOURCES HAS AN ELEVATED IMPORTANCE IN MANY COMMUNITIES AND PEOPLE ARE PASSIONATE ABOUT RETAINING CON DITIONS THAT ARE FELT TO BEST REmECT THE HISTORY OF A SITE )N OTHER CASES THE DECISION TO TAKE NO ACTION MAY BE A VIABLE CHOICE WITH PRESERVATION OF THE HISTORIC SETTING BEING THE PREFERRED DECISION
!VOIDANCE .O !CTION "ECAUSE OF THE POTENTIAL FOR ADVERSE EFFECTS TO HISTORIC PROP ERTIES DECISION MAKERS MAY CHOOSE TO FORGO THE PROJECT AND PRESERVE THE DAM OR DEVISE A WAY TO ACCOMPLISH THE RIVER RESTORATION GOALS WITHOUT ADVERSELY AFFECTING THOSE HISTORIC PROPERTIES )N SOME CASES STRUCTURAL DElCIENCIES IN THE DAM MAY NE CESSITATE SOME LEVEL OF ACTIVITY TO ADDRESS PUBLIC SAFETY CONCERNS AND MEET DAM SAFETY REQUIREMENTS 4HE !SSO CIATION OF 3TATE $AM 3AFETY /FlCIALS !3$3/ ESTIMATES THAT THE LIFE EXPECTANCY OF A DAM IS YEARS 7ATER IS AN 0HOTO #REDIT ,EVIATHOR
EROSIVE AND CORROSIVE AGENT WHICH MEANS THAT OVER TIME DAMS INCUR STRUCTURAL WEAR AND TEAR MAKING THEM SUS CEPTIBLE TO FAILURE !S HISTORIC DAMS AGE AND STRUCTURAL DElCIENCIES PROGRESS @AVOIDANCE OR @NO ACTION MAY NOT BE A VIABLE ALTERNATIVE WHERE PUBLIC SAFETY IS CONCERNED ABOVE $ELL S -ILL AND $AM
7HEN PRESERVATION OF THE DAM AND OR ASSOCIATED PROPERTIES AND RESTORATION OF NATURAL RIVER FUNCTIONS ARE SOUGHT THERE ARE CREATIVE OPTIONS FOR INVOLVED PARTIES TO CONSIDER 3OME AL TERNATIVES THAT MAY ACHIEVE THESE DUAL GOALS ARE TO MINIMIZE IMPACT ON HISTORIC PROPERTIES THROUGH PARTIAL PRESERVATION ADAPTIVE REUSE AND PRESERVATION IN SERVICE
0ARTIAL 0RESERVATION 7HILE SOME PARTICIPANTS MAY BE UNWILLING TO CONSIDER FULL DAM REMOVAL DURING 3ECTION CONSULTATIONS A COMPROMISE MAY BE REACHED IN BREACHING OR REMOVING A PORTION OF THE DAM OR NOTCHING THE STRUCTURE PAGE
"Y PERFORMING AN APPROPRIATELY DESIGNED PARTIAL BREACH RIVER FUNCTIONS SUCH AS SEDI MENT TRANSPORT AND lSH PASSAGE MAY BE RESTORED WHILE A PORTION OF THE DAM IS LEFT IN PLACE IN RECOGNITION OF ITS HISTORICAL SIGNIlCANCE ! BREACH CAN RANGE ANYWHERE IN SIZE FROM A FULL DEPTH V SHAPED NOTCH TO REMOVING A SECTION OF THE DAM TO REMOVING ALL BUT THE DAM S ABUTMENT STRUCTURES (OWEVER BREACHING OR NOTCHING THE DAM WILL NOT BE A VIABLE OPTION IN ALL CASES 4HE LOCATION OF THE BREACH AND OR THE VELOCITY OF WATER AS IT PASSES THROUGH THE BREACH COULD GREATLY LIMIT OR EVEN PRO HIBIT lSH PASSAGE 4HIS ALTERNATIVE MUST ALSO BE 0HOTO #REDIT 3CARLET 2OSE
EVALUATED FOR IMPACTS TO PUBLIC SAFETY AND SAFETY STABILITY OF ANY REMAINING DAM STRUCTURE )MPROP ERLY DESIGNED PARTIAL BREACHES OR NOTCHES CAN RE SULT IN PUBLIC SAFETY HAZARDS AND PHYSICAL IMPACTS TO THE RIVER CHANNEL THAT MAY NOT BE CONDUCIVE TO RESTORING RIVERINE FUNCTIONS
ABOVE 0ARTIALLY PRESERVED 7OOLEN -ILLS $AM 2IVANNA 2IVER
4HE #ITY OF +ENT /HIO BALANCED HISTORIC INTERPRETATION PRESERVATION AND RESTORATION OF THE NATURAL FUNCTIONS OF THE #UYAHOGA 2IVER THROUGH A CREATIVE APPROACH 3EE !PPENDIX ! FOR MORE DETAILS 4HE INSTALLATION OF A ROCK RAMP lSHWAY IS ANOTHER OPTION ! ROCK RAMP lSHWAY IS A SPECIALLY ENGINEERED ARRANGEMENT OF BOULDERS AND COBBLES THAT CREATES A RAMP ON THE DOWNSTREAM FACE OF A DAM 2OCK RAMP lSHWAYS ARE DESIGNED TO CREATE mOW PATTERNS SUITABLE FOR lSH TO SWIM UP OR DOWN THE STRUCTURE THEREFORE AL LOWING THEM TO SUCCESSFULLY PASS OVER 0HOTO #REDIT ,UTHER !ADLAND
THE DAM $UE TO THE GRADUAL INCLINE REQUIRED FOR THEM TO FUNCTION PROPERLY ROCK RAMP lSHWAYS ARE MOST APPROPRI ATE FOR RELATIVELY SHORT DAMS I E ≤ FEET ! ROCK RAMP lSHWAY DOES CHANGE THE APPEARANCE OF THE DAM BUT WHEN
ABOVE ,YONS 0ARK $AM ROCK RAMP /TTER 4AIL 2IVER
DESIGNED CORRECTLY IT CAN RESTORE lSH PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
PASSAGE WHILE ALSO RETAINING THE IMPOUNDMENT WHICH MAY BE A PROJECT GOAL IF THE POND IS A CONTRIBUTING ELEMENT TO AN HISTORIC PROPERTY OR DISTRICT
!DAPTIVE 2EUSE 4HIS IS THE PROCESS OF MODIFYING BUILDINGS AND STRUCTURES FOR NEW USES WHILE RETAINING THEIR HISTORIC INTEGRITY %XAMPLES OF ADAPTIVE REUSE OF FORMER INDUSTRIAL BUILDINGS ON RIVERFRONT LOCATIONS INCLUDE THE 'ALLERY OF -ODERN !RT FOR THE 4ATE -USEUM ON THE 2IVER 4HAMES IN ,ONDON AND THE -ASSACHUSETTS -USEUM OF #ONTEMPORARY !RT -ASS -/#! WHICH IS HOUSED IN A HISTORIC FACTO RY COMPLEX IN .ORTH !DAMS -ASSACHUSETTS $OZ ENS OF HANDSOME TEXTILE MILL COMPLEXES ON STREAMS THROUGHOUT .EW %NGLAND AND THE MID !TLANTIC STATES ARE ALSO BEING RE DEVELOPED AS RESIDENTIAL OF 0HOTO #REDIT &OREST #ITY 2ESIDENTIAL -ANAGEMENT
lCE AND COMMERCIAL SPACES 7HEN DISCUSSING ADAPTIVE REUSE IN CONJUNCTION WITH DAM REMOVAL THE MOST LIKELY CANDIDATES IN VOLVE THE POWERHOUSES FROM OLD HYDROELECTRIC DAMS OR THE MILL BUILDINGS ASSOCIATED WITH MILL DAMS )N THESE CASES THE IMPACTS OF A POTENTIAL DAM REMOVAL ON AN HISTORIC RESOURCE MAY EXTEND BEYOND THE DAM ITSELF AND ENCOMPASS THE MILL IT POWERED THE POW ERHOUSE AND OTHER FEATURES 4HESE STRUCTURES HAVE ABOVE 4HE OLD !SHTON -ILL HAS BEEN REVAMPED INTO THE 2IVER ,OFTS AT !SHTON -ILL
THE POTENTIAL TO SERVE AS MONUMENTS TO A FORMER PE RIOD IN HISTORY ALLOWING NATURAL RESOURCE GOALS TO BE MET THROUGH DAM REMOVAL "Y CONVERTING THE MILL OR POWER STRUCTURES SOME OF THE ORIGINAL CHARACTERISTICS CAN BE RETAINED WHILE INJECTING THE SPACE WITH NEW LIFE IN THE FORM OF MUSEUMS RESTAURANTS OFlCE AND RETAIL SPACE MICRO BREWERIES AND PRIVATE RESIDENCES 4HE DECISION TO ADAPT A SPACE FOR A NEW USE SHOULD TAKE INTO CONSIDERATION THE LEVEL OF HISTORICAL DISTURBANCE THAT IS ACCEPTABLE 7ILL ALL OF THE MACHINERY AND EQUIPMENT NEED TO BE REMOVED TO REUSE THE SPACE )F SO IS RETAINING ONLY THE SHELL OF THE BUILDING ACCEPTABLE !RE THERE ENVIRONMENTAL CONCERNS STEMMING FROM THE BUILDING S OPERA TIONAL HISTORY SUCH AS 0#"S HEAVY METALS SOLVENT AND PETROLEUM SPILLS AND ASBESTOS THAT NEED TO BE RESOLVED BEFORE THE SITE CAN BE USED AS A PUBLIC FACILITY /THER CHALLENGES MAY INCLUDE THE LARGE OFTEN CAVERNOUS NATURE OF BUILDINGS PRIMARILY INTENDED TO PROTECT MACHINERY FROM THE ELEMENTS AND THE ISOLATED LOCATION OF SOME OF
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THESE STRUCTURES 4HESE CHALLENGES HOWEVER CAN ALSO PRESENT UNIQUE OPPORTUNITIES FOR CREATIVE APPROACHES TO ADAPTIVE REUSE
0RESERVATION IN 3ERVICE 4HIS IS GENERALLY CONSIDERED THE PREFERRED SOLUTION FROM AN HISTORIC PRESERVATION VIEWPOINT BECAUSE CONTINUED SERVICE ENCOURAGES CONTINUED UPKEEP OF THE HISTORIC PROPERTY %VEN THOUGH MAINTENANCE OF A SERVICEABLE STRUCTURE MAY NECESSITATE ALTERATIONS THAT DIMINISH SOME ELEMENTS OF A PROPERTY S INTEGRITY THE ADVANTAGES OF CONTINUED PRODUCTIVE SERVICE OFTEN OUTWEIGH THE EFFECTS OF WHAT MAY BE CONSIDERED MINOR CHANGES !N ALTERNATIVE TO DAM REMOVAL THAT MAY BE CONSIDERED IN THIS SITUATION IS THE USE OF A BYPASS CHANNEL TO ACHIEVE lSH PASSAGE AT THE SITE OF A HISTORICALLY SIGNIlCANT DAM ! BYPASS CHANNEL CIRCUMVENTS A DAM BY MIMICKING A TRIBUTARY OR SIDE CHANNEL OF THE MAINSTEM RIVER ALLOWING THE DAM TO REMAIN IN PLACE )T CAN CREATE mOWING WATER HABITAT AND MAY PROVIDE BOTH UPSTREAM AND DOWN 0HOTO #REDIT !MERICAN 2IVERS 0HOTO ,IBRARY
STREAM PASSAGE TO A RANGE OF SPECIES INCLUDING lSH RIVERINE MAMMALS
AND REPTILES AND AMPHIBIANS AND ASSORTED FRESHWATER MUSSELS 4RADITIONAL lSHWAYS E G DENIL AND !LASKAN STEEP PASS lSH LADDERS ARE TYPICALLY ONLY PASSABLE BY CERTAIN lSH SPECIES OR SPECIlC LIFE STAGES OF lSH 7HILE DAM REMOVAL OR AN APPROPRIATELY DESIGNED PARTIAL BREACH IS USUALLY THE MOST EFFECTIVE METHOD FOR RESTORING lSH PASSAGE AND RIVER FUNCTION BYPASS CHANNELS CAN RESTORE CERTAIN RIVER FUNCTIONS AND MINI MALLY ALTER THE AESTHETICS OF THE HISTORIC SITE 3INCE BYPASS CHANNELS ARE DESIGNED TO APPEAR AND FUNCTION AS A NATURAL TRIBUTARY THEY ARE OFTEN
ABOVE -OUNT $ESERT &ISHWAY 3OMES "ROOK
AESTHETICALLY PLEASING 3EE !PPENDIX ! FOR THE (EISHMAN S -ILL $AM CASE STUDY IN 0ENNSYLVANIA WHERE A BYPASS CHANNEL WAS USED TO PRESERVE A DAM 7HILE (EISHMAN S -ILL IS NO LONGER A WORKING MILLDAM IT DOES PROVIDE A DISTINCTIVE EXAMPLE OF RIVER RESTORATION AND HISTORIC PRESERVATION WHILE PRESERVING ELEMENTS OF THE HISTORIC LANDSCAPE
$OCUMENTATION AS A (ISTORIC 0RESERVATION 4OOL /NE OF THE MORE COMMON METHODS OF MINIMIZING AND MITIGATING ADVERSE EFFECTS ON AN HISTORIC PROPERTY AND ENSURING ITS HISTORIC SIGNIlCANCE IS REMEMBERED IS TO MAKE CERTAIN THE DAM AND OTHER ASSOCIATED LANDSCAPE AND HISTORIC PROPERTIES ARE PROPERLY DOCUMENTED BEFORE REMOVAL OR ALTERATION
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$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
4HE PURPOSE OF DOCUMENTING A STRUCTURE AND THE HISTORIC CONTEXT IN WHICH IT EXISTS IS TO RECORD FEATURES OF ITS HISTORIC ENGINEERING AND CULTURAL SIGNIlCANCE FOR FUTURE GENERATIONS TO STUDY AND RESEARCH $OCUMENTATION COMBINES MEASURED DRAWINGS LARGE FORMAT PHOTO GRAPHS ARCHIVAL RESEARCH WRITTEN REPORTS AND COPIES OF HISTORIC PHOTOS AND DRAWINGS TO RE CORD AND CONVEY THIS SIGNIlCANCE )N HISTORIC PRESERVATION DOCUMENTATION OFTEN REPRESENTS THE LAST ALTERNATIVE WHEN ALL EFFORTS TO SAVE AND MAINTAIN A BUILDING STRUCTURE OR NEIGHBOR HOOD HAVE BEEN EXHAUSTED 4HERE ARE INSTANCES HOWEVER WHERE HIGH 7HERE IS HISTORIC DOCUMENTATION HOUSED 4HE (ISTORIC !MERICAN "UILDINGS 3URVEY (IS TORIC !MERICAN %NGINEERING 2ECORD (ISTORIC !MERICAN ,ANDSCAPES 3URVEY (!"3 (!%2 (!,3 IS ADMINISTERED BY THE .ATIONAL 0ARK 3ERVICE AND SERVES TO DOCUMENT SIGNIlCANT BUILDINGS ENGI NEERING STRUCTURES AND LANDSCAPES #OLLECTIONS ARE HOUSED AT THE ,IBRARY OF #ONGRESS AND INCLUDE BRIDG ES DAMS MILLS AND OTHER INDUSTRIAL FACILITIES LISTED IN THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES .03 REGION AL (!"3 (!%2 (!,3 COORDINATORS DETERMINE THE LEVEL OF DOCUMENTATION NEEDED FOR .ATIONAL (ISTORIC ,ANDMARKS .(, AND NATIONALLY SIGNIlCANT .A TIONAL 2EGISTER PROPERTIES 3(0/ 4(0/S DETERMINE THE LEVEL OF APPROPRIATE DOCUMENTATION AND IDENTIFY SUITABLE REPOSITORIES FOR THE DOCUMENTATION OF STATE TRIBAL AND LOCALLY SIGNIlCANT .ATIONAL 2EGISTER LISTED AND .ATIONAL 2EGISTER ELIGIBLE PROPERTIES
QUALITY AND WELL PRESENTED DOCUMENTATION PROVIDES A MEANS FOR MORE PEOPLE TO LEARN ABOUT AN IMPORTANT BUT ISOLATED PROJECT THAN WOULD HAVE HAD THE OPPORTUNITY TO VISIT THE SITE ITSELF !T ITS BEST DOCUMEN TATION CAN PROVIDE A MEANS FOR UNDERSTANDING AND INTERPRETING A SITE BETTER THAN RUINS ALONE &ORMAL DOCUMENTATION MAY BE THE ONLY PER MANENT RECORD OF HOW A HISTORIC STRUCTURE LOOKED WORKED AND RELATED TO ITS SURROUNDING LANDSCAPE AND COMMUNITY BEFORE IT IS LOST FOREVER TO DETERIORATION NEGLECT OR PLANNED DESTRUCTION SUCH AS DAM REMOVAL 4HE LEVEL OF DOCUMENTATION SHOULD REmECT THE SIGNIlCANCE OF THE HIS TORIC RESOURCE WHETHER IT IS IMPORTANT ON A LOCAL STATE OR NATIONAL STAGE 4HE 3ECRETARY OF THE )NTERIOR HAS PUBLISHED 3TANDARDS FOR 2ECORDING (ISTORIC 0ROPERTIES AS WELL AS DETAILED 'UIDELINES FOR !RCHITECTURAL AND %NGINEERING $OCUMENTATION 3TANDARDS AND GUIDELINES ARE DE lNED FOR CONTENT QUALITY MATERIALS AND PRESENTATION 4HESE GUIDE
LINES PROVIDE SPECIlC INFORMATION ON DIFFERENT LEVELS OF CONTENT OF DRAWINGS PHOTOGRAPHS
AND WRITTEN DATA RECOGNIZING THAT THE KIND AND AMOUNT OF DOCUMENTATION SHOULD BE AP PROPRIATE TO THE NATURE AND SIGNIlCANCE OF THE SUBJECT 4HEY APPLY TO THE (ISTORIC !MERICAN "UILDINGS 3URVEY (ISTORIC !MERICAN %NGINEERING 2ECORD AND THE (ISTORICAL !MERICAN ,ANDSCAPES 3URVEY (!"3 (!%2 (!,3 PROGRAMS OF THE .ATIONAL 0ARK 3ERVICE 4HESE GUIDELINES ARE THE GENERALLY ACCEPTED STANDARDS FOR DOCUMENTATION THROUGHOUT THE PRESER VATION COMMUNITY &EDERAL AGENCIES MUST PRODUCE DOCUMENTATION TO (!"3 (!%2 (!,3 STANDARDS FOR HIS TORIC PROPERTIES THAT ARE LISTED OR ARE ELIGIBLE FOR LISTING ON THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES TO MITIGATE THE ADVERSE EFFECTS OF FEDERAL UNDERTAKINGS SUCH AS DEMOLITION OR SUB STANTIAL ALTERATION UNDER THE PROVISIONS OF 3ECTION B OF THE AMENDED .ATIONAL (ISTORIC 0RESERVATION !CT OF PAGE
4HERE ARE FOUR LEVELS OF (!"3 (!%2 (!,3 DOCUMENTATION ,EVEL ) INVOLVES PRODUC TION OF NEW MEASURED DRAWINGS EXTENSIVE LARGE FORMAT PHOTOGRAPHY AND EXTENDED WRITTEN REPORTS )T IS USUALLY SPECIlED AS A MITIGATION MEASURE ONLY FOR PROPERTIES OF EXCEPTIONAL NATIONAL SIGNIlCANCE OR UNIQUENESS ,EVEL )) DOCUMENTATION RELIES MORE HEAVILY ON ARCHIVAL COPIES OF HISTORIC DRAWINGS AND PHOTOGRAPHS SUPPLEMENTED BY NEW LARGE FORMAT PHOTOG RAPHY AND WRITTEN DOCUMENTATION ,EVEL ))) DOCUMENTATION IS GENERALLY CONlNED TO LARGE FORMAT PHOTOGRAPHY AND TEXT ,EVEL )6 IS INVENTORY LEVEL DOCUMENTATION SIMILAR TO THAT FOUND IN A .ATIONAL 2EGISTER NOMINATION )NDIVIDUAL STATE TRIBAL HISTORIC PRESERVATION OFlCES OFTEN HAVE THEIR OWN STANDARD OF DOCU MENTATION FOR STRUCTURES OF LOCAL AND STATE SIGNIlCANCE 3OME ARE LESS RIGOROUS THAN THE (!"3 (!%2 (!,3 STANDARDS BUT MANY 3(0/ 4(0/S HAVE ADOPTED THOSE STANDARDS IN THEIR ENTIRETY )N ALL INSTANCES THE EMPHASIS IS ON GENERATING A PERMANENT RECORD OF THE SITE THAT WILL BE HOUSED IN PUBLIC REPOSITORIES BECAUSE THIS MAY WELL BE THE LAST TRACE OF AN HISTORIC STRUCTURE AFTER IT S GONE 7HILE IT IS VALUABLE TO CONSIDER (!"3 (!%2 (!,3 STANDARDS WHEN SCOPING THE APPRO PRIATE DOCUMENTATION FOR A PARTICULAR PROJECT AN INDIVIDUALIZED APPROACH MAY BE SUFlCIENT FOR GENERATING THE DESIRED DOCUMENTATION AT A REASONABLE COST &OR FURTHER GUIDANCE ON DOCUMENTATION LOOK TO A .ATIONAL 0ARK 3ERVICE GUIDANCE DOCUMENT ENTITLED (!"3 (!%2 -ITIGATION $OCUMENTATION ! 2EENGINEERING 0ROPOSAL &OR A LOOK AT CASES WHERE DOCUMENTATION WAS USED TO MITIGATE FOR A DAM S REMOVAL SEE !PPENDIX ! FOR CASE STUDIES ON %MBREY $AM ON THE 2APPAHANNOCK 2IVER IN 6IRGINIA AND THE -C'OLDRICK $AM ON THE !SHUELOT 2IVER IN .EW (AMPSHIRE
-ITIGATION FOR )MPACTS TO A (ISTORIC 3TRUCTURE 7HEN A PROPOSED DAM REMOVAL PROJECT WILL RESULT IN ADVERSE EFFECTS ON HISTORIC PROPERTIES CREATIVE APPROACHES TO MITIGATING THOSE IMPACTS SHOULD BE DISCUSSED DURING CONSULTATION AND SUBSEQUENT DEVELOPMENT OF THE -/! AS REQUIRED BY 3ECTION 4HIS IS DISCUSSED IN MORE DETAIL IN !PPENDIX " #REATIVE MITIGATION MEASURES ALLOW FOR MOVING BEYOND SIMPLE DOCUMENTATION OF A PROJECT TO POTENTIALLY ADDING COMPONENTS SUCH AS GREATER COMMUNITY INVOLVEMENT AND INTERACTION PRESERVATION OF ALTERNATIVE HISTORIC RESOURCES AND INCREASED PUBLIC EDUCATION
%XHIBITS )NTERPRETIVE 3IGNAGE $EVELOPING AN INTERPRETIVE EXHIBIT FROM THE PHOTO GRAPHS AND INFORMATION THAT HAS BEEN GATHERED FROM DOCUMENTING THE PROJECT IS ONE WAY OF ENSURING THAT THE HISTORY OF THE DAM IS PRESERVED FOR FUTURE GENERATIONS %XHIB PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
ITS CAN RANGE FROM A COMMEMORATIVE PLAQUE AT THE SITE OF THE FORMER DAM TO AN EDUCA TIONAL KIOSK OR ANOTHER INTERPRETIVE DISPLAY 0ROJECT PARTNERS CAN ALSO WORK WITH LOCAL HISTORICAL SOCIETIES MUSEUMS SCHOOLS AND SERVICE LEAGUES TO ARRANGE A PERMANENT OR TRAVELING EXHIBIT AT A VISIBLE LOCA TION 4HIS METHOD OF MITIGATION ALLOWS FOR A WIDE VARIETY OF CREATIVITY BUT HINGES ON A WELL THOUGHT OUT PLAN FOR BRINGING THE INFORMATION TO THE PUBLIC 3EE !PPENDIX ! FOR CASE STUDIES ON THE %MBREY $AM ON THE 2APPAHANNOCK 2IVER IN 6IRGINIA #ASCADE $AM ON THE -ERCED 2IVER IN #ALIFORNIA AND +ENT $AM ON THE #UYAHOGA 2IVER IN /HIO FOR ADDITIONAL IDEAS ON INTERPRETING AN HISTORIC SITE AS PART OF A DAM REMOVAL
,ECTURES 4OURS /PEN (OUSES !NOTHER WAY TO FURTHER IN 0HOTO #REDIT $AVID 'OULD
VOLVE THE COMMUNITY IN THE PROJECT AND MITIGATE ADVERSE EF FECTS ON HISTORIC PROPERTIES IS TO SCHEDULE A LECTURE AND OR TOUR OF THE DAM AND RELATED STRUCTURES PRIOR TO ITS REMOVAL 4HIS COULD INVOLVE HOSTING AN OPEN HOUSE AND TOUR OF THE POWER HOUSE AT A HYDROPOWER DAM THAT CONCLUDES WITH A LECTURE AT THE DAM OR ELSEWHERE ON SITE 5NDER THE PROPER CONDITIONS ABOVE "ILLINGTON 3TREET $AM 2EMOVAL INTERPRETIVE SIGN 4OWN "ROOK
SCHOOL GROUPS COULD ALSO TOUR THE SITE LEARNING ABOUT THE HISTORICAL SIGNIlCANCE OF THE DAM AND DOCUMENTATION TECHNIQUES FROM EXPERTS 4HESE EVENTS ALSO PROVIDE OPPORTU NITIES TO COLLECT STORIES AND ORAL HISTORY FROM COMMUNITY MEMBERS ABOUT THE DAM 3EE !PPENDIX ! FOR A CASE STUDY OF THE "ULL 2UN (YDROPOWER 0ROJECT ON THE 3ANDY AND ,ITTLE 3ANDY RIVERS IN /REGON FOR A MORE DETAILED LOOK AT THE DECISION TO OPEN A STRUCTURE FOR TOURS PRIOR TO REMOVAL
/RAL (ISTORY 0ROJECT #OMMUNITY )NTERVIEWS ! UNIQUE WAY TO COMMEMORATE THE HISTORY OF THE DAM AND THE HISTORIC LANDSCAPE IN WHICH IT RESIDES IS TO ENGAGE IN AN ORAL HISTORY PROJECT )NTERVIEWS COULD BE CONDUCTED WITH MEMBERS OF THE COMMUNITY THAT WITNESSED OR PARTICIPATED IN THE DAM S CONSTRUCTION WORKED AT THE FACILITY POWERED BY THE DAM OR SIMPLY ENJOYED THE PRESENCE OF THE DAM AND IMPOUNDMENT 4HIS ORAL HIS TORY COULD THEN BE USED TO CREATE A COMMEMORATIVE $6$ OR INCORPORATED INTO A LARGER PUBLICATION ABOUT THE SITE
5TILIZING 0OPULAR 0UBLICATIONS $OCUMENTATION GATHERED DURING THE 3ECTION REVIEW OR BY A LOCAL MUSEUM HISTORICAL SOCIETY OR MEMBER OF THE COMMUNITY MAY BE PAGE
GOOD MATERIAL FOR POPULAR PUBLICATIONS 4HIS COULD INVOLVE COVERAGE IN THE LOCAL NEWS PAPERS ABOUT THE HISTORY OF THE DAM AND THE DAM REMOVAL PROJECT OR IN A LARGER PUBLI CATION SUCH AS THE .ATIONAL 4RUST FOR (ISTORIC 0RESERVATION S MAGAZINE 0RESERVATION .EWSPAPERS AND PERIODICALS ARE NOT THE ONLY PUBLICATIONS TO CONSIDER 0AMPHLETS COFFEE TABLE AND OTHER BOOKS AND JOURNALS CAN ALSO PRESERVE THE MEMORIES AND STORY OF THE STRUCTURE 7HATEVER A COMMUNITY DECIDES A PLAN FOR RELEASING THIS INFORMATION TO THE PUBLIC SHOULD BE INCLUDED IN THE 3ECTION -/! FOR THE PROJECT !N EXAMPLE OF THIS TYPE OF HISTORIC STORYTELLING IS 2IVER 2UNS &REE "REACHING THE 2APPAHANNOCK S %MBREY $AM A COMMEMORATIVE BOOK THAT CHRONICLES THE HISTORY OF THE DAM AND ITS REMOVAL TO RESTORE THE 2APPAHANNOCK 2IVER IN 6IRGINIA
#ONTRIBUTIONS TO A ,OCAL (ISTORIC 0RESERVATION %FFORT )N LIEU OF IN PLACE DAM PRESERVATION PROVIDING FUNDING TO SUPPORT OTH ER LOCAL PRESERVATION PROJECTS SUCH AS A REVOLVING LOAN PROGRAM TO AID IN PRESERVATION OF OTHER HISTORIC RESOURCES OR TECHNICAL ASSISTANCE FOR ANOTHER LOCAL HISTORIC PRESERVATION PROJECT FUNDING FOR A HISTORIC RESOURCES SURVEY OR A .ATIONAL 2EGISTER NOMINATION ARE OTHER MITIGATION OPTIONS WHEN IMPLEMENTING THE REMOVAL OF AN HISTORICALLY SIG NIlCANT DAM 4HIS IS MORE OF A QUID PRO QUO APPROACH TO MITIGATION EFFORTS
0HOTO #REDIT !MERICAN 2IVERS 0HOTO ,IBRARY
AND SUCH PROVISIONS HAVE BEEN INCLUDED IN MEMORANDA OF AGREEMENTS
0REPARATION OF 0RESERVATION 0LANS OR /RDINANCES /FTENTIMES A DAM REMOVAL PROJECT WILL NOT ONLY RAISE A COMMUNITY S AWARENESS ABOUT THE PO TENTIAL HISTORIC ISSUES OF THE DAM BUT ALSO ABOUT OTHER HISTORIC PROPERTIES OR AREAS IN THE REGION 7ORKING TO DEVELOP PRESERVATION PLANS OR ORDINANCES FOR THE COMMUNITY HELPS TO PRESERVE OTHER AREAS OF HISTORIC INTEREST /NE METHOD OF CONTRIBUTING TO THESE EFFORTS MIGHT BE TO FUND A STUDY OR PLAN FOR THE IDENTIlED HISTORIC AREAS 4HE 6ERMONT 3TATE (ISTORIC 0RESERVATION /FlCE HAS TAKEN THIS APPROACH IN IDENTIFYING DAMS ON A STATE LEVEL THAT ARE
ABOVE 0RESERVATION -AGAZINE COVER
HISTORICALLY SIGNIlCANT AND SHOULD BE PRESERVED 3EE )DENTIFYING (ISTORIC 0ROPERTIES ON PAGE
#REATING #ONSERVATION 0RESERVATION %ASEMENTS 0ROTECTING OTHER HISTORIC RESOURCES BY DEVELOPING AND EXECUTING CONSERVATION EASEMENTS MIGHT ALSO BE APPROPRIATE MITI GATION IN EXCHANGE FOR REMOVAL OF A PARTICULAR DAM )F THE DAM OWNER ALSO OWNS THE ABUTTING PROPERTY THEY MAY CHOOSE TO DONATE THAT LAND IN THE FORM OF A CONSERVATION EASEMENT TO THE LOCAL COMMUNITY 4HIS WOULD HAVE PARTICULAR VALUE IF THE PROPERTY HAD ARCHAEOLOGICAL OR ARCHITECTURAL SIGNIlCANCE /THER PROPERTY THAT MAY HAVE HISTORIC PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
VALUE AND IS OWNED BY THE DAM OWNER COULD ALSO BE TRADED FOR THE BENElT OF REMOVING THE DAM !S AN ANCILLARY BENElT THE DAM OWNER MAY BE ELIGIBLE FOR CERTAIN TAX INCEN TIVES AS A RESULT OF THE CONSERVATION EASEMENT
,ESSONS ,EARNED /NE OF THE PRIMARY DRIVING FORCES BEHIND BOTH DAM REMOVAL AND HISTORIC PRESERVATION IS COMMUNITY ENRICHMENT 4HIS ENRICHMENT CAN COME IN THE FORM OF A PROJECT RESTORING RUNS OF MIGRATORY lSH THAT PROVIDES A BOOST TO THE LOCAL ECONOMY AND PROPELS PEOPLE TO RECON NECT WITH THEIR LOCAL RIVER )T CAN ALSO COME IN THE FORM OF RAISING AWARENESS AND EDUCATING THE COMMUNITY ABOUT A HISTORIC RESOURCE TO WHICH SOME MAY NOT HAVE GIVEN MUCH PREVIOUS THOUGHT )F DONE PROPERLY RIVER RESTORATION AND HISTORIC PRESERVATION INTERESTS CAN BOTH BEN ElT FROM DAM REMOVAL PROJECTS +EY LESSONS LEARNED INCLUDE
s "EGIN HISTORIC CONSULTATION WITH THE COMMUNITY AND 3(0/ 4(0/ AS EARLY IN THE DAM REMOVAL PROCESS AS POSSIBLE s -AINTAIN AN OPEN MIND AND RESPECT THE OPINION OF OTHERS INVOLVED IN THE PROJECT s ,OOK FOR UNIQUE WAYS TO PARTNER THE MOST BENElCIAL SOLUTION MAY NOT ALWAYS BE THE MOST OBVIOUS ONE s #ONSIDER PRE HISTORIC I E BEFORE %UROPEAN SETTLEMENT AS WELL AS HISTORIC PERIOD USES OF THE SITE s #ONSIDER THE POTENTIAL FOR EXPOSURE AND EFFECTS TO ARCHAEOLOGICAL RESOURCES PREVI OUSLY mOODED BY THE IMPOUNDMENT OR BURIED IN STREAM BANKS s *UST BECAUSE A DAM IS LISTED OR ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER DOES NOT MEAN IT IS PRECLUDED FROM REMOVAL OR ALTERATION s 4HERE IS A DEARTH OF INFORMATION ON CREATIVE HISTORIC MITIGATION PROJECTS $ON T BE AFRAID TO THINK OUTSIDE THE BOX AND DOCUMENT YOUR WORK SO OTHERS MAY LEARN FROM IT
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3TEPS TO HELP ENSURE A SUCCESSFUL OUTCOME $ETERMINE IF THE DAM PROPOSED FOR REMOVAL AND OR ASSOCIATED PROPERTIES ARE LISTED IN THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES A STATE OR 4RIBAL REGISTER OF HISTORIC PLACES OR WHETHER THEY ARE ELIGIBLE FOR LISTING ON SUCH A REGISTER $ETERMINE WHAT THE COMMUNITY SENTIMENT IS TOWARD THE DAM AND ITS IMPOUNDMENT $O THEY FEEL THEY HAVE HISTORIC VALUE )F THE DAM IS LISTED IN THE .ATIONAL 2EGISTER OR ELIGIBILITY NEEDS TO BE EVALUATED FOR SUCH LISTING CONTACT YOUR STATE OR 4RIBAL HISTORIC PRESERVA TION OFlCE TO ENSURE THAT THE PROPER LAWS AND PROCEDURES ARE FOLLOWED %VEN IF THE DAM OR ASSOCIATED PROPERTIES ARE NOT ELIGIBLE IF YOU SENSE THERE IS A SEGMENT OF THE COMMUNITY WHO VIEWS THE DAM AS HISTORIC IT IS ALSO A GOOD IDEA TO GET THE 3(0/ 4(0/ INVOLVED #OMMIT TO EXPLORING A RANGE OF OPTIONS FOR PRESERVATION MITIGATION INTERPRETATION AND DOCUMENTATION 2ESPECT THE VIEWPOINTS OF OTHERS INVOLVED 2EMEMBER THAT HISTORIC PRESERVATION OF A DAM AND ENVIRONMENTAL RESTORATION OF A RIVER ARE NOT MUTUALLY EXCLUSIVE GOALS
!DDITIONAL 2ESOURCES &OR THE LATEST IN HISTORIC PRESERVATION PRACTICES HOW TO LOCATE YOUR STATE HISTORIC PRESERVA TION OFlCE NOMINATING A STRUCTURE TO THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES AND MUCH MORE VISIT THE FOLLOWING WEBSITES !DVISORY #OUNCIL ON (ISTORIC 0RESERVATION HTTP WWW ACHP GOV .ATIONAL #ONFERENCE OF 3TATE (ISTORIC 0RESERVATION /FlCERS HTTP WWW SSO ORG NCSHPO .ATIONAL 0ARK 3ERVICE (ISTORIC 0RESERVATION 3ERVICES WWW CR NPS GOV HPS 3OCIETY FOR )NDUSTRIAL !RCHAEOLOGY WWW SIA WEB ORG
PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
!00%.$)8 ! #!3% 345$)%3 /FTENTIMES REAL LIFE EXAMPLES PROVIDE THE ANSWERS INSPIRATION OR LESSONS NEEDED TO MOVE FORWARD WITH A PROJECT 4HESE CASE STUDIES PRESENTED BELOW ARE BROKEN INTO TWO SECTIONS
/FTENTIMES REAL LIFE EXAMPLES PROVIDE THE ANSWERS INSPIRATION OR LESSONS NEEDED TO MOVE FORWARD WITH A PROJECT
4HE lRST SET OF CASE STUDIES IS A SELECTION OF PROJECTS THAT HIGHLIGHT SOME OF THE DIFFERENT OP TIONS LAID OUT IN h/PTIONS FOR !CHIEVING (ISTORIC 0RESERVATION AND $AM 2EMOVAL 'OALS v 4HE SECOND SET OF CASE STUDIES SERVE AS EXAMPLES OF BOTH LESSONS LEARNED AND COMPLICATIONS
0HOTO #REDIT 3COTT -ARTIN
THAT COULD ARISE
ABOVE 0OWER $AM 0IGG 2IVER 6!
PAGE
/PTIONS FOR !CHIEVING (ISTORIC 0RESERVATION AND $AM 2EMOVAL 'OALS
)SSUE
$OCUMENTATION )NTERPRETATION 0ARTIAL 0RESERVATION
2ESULT
)MPROVED 0UBLIC %DUCATION 4HROUGH 5SE OF A -USEUM %XHIBIT )MPROVED
(ABITAT FOR -IGRATORY &ISH
2EADING 0UBLIC -USEUM $AMS 7YOMISSING #REEK 0ENNSYLVANIA 4HE 2EADING 0UBLIC -USEUM DAMS WERE BUILT AT THE TURN OF THE TH CENTURY TO FORM TWO SMALL ORNAMENTAL PONDS AND ENHANCE THE LANDSCAPE OF THE PROPERTY 4HE UPPER DAM WAS FOOT HIGH AND FOOT LONG 4HE FOOT HIGH FOOT LONG LOWER DAM WAS CONSTRUCTED OF ROCK 4HESE DAMS WERE REMOVED BY THE -USEUM IN 3EPTEMBER BECAUSE THE DAMS WERE DETERIORATED AND A lNANCIAL BUR DEN TO MAINTAIN -IGRATORY lSH ARE EXPECTED TO BENElT FROM THE REMOV ALS ONCE ADDITIONAL BLOCKAGES DOWN STREAM ON THE 3CHUYLKILL 2IVER HAVE BEEN ADDRESSED -ITIGATION "ECAUSE THE DAMS WERE ELIGIBLE FOR LISTING ON THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES THE REMOVAL PLANS INCORPORATED AN HISTORICAL REVIEW AS REQUIRED BY 3ECTION OF THE 0HOTO 3PREAD !MERICAN 2IVERS 0HOTO ,IBRARY
.ATIONAL (ISTORIC 0RESERVATION !CT -ITIGATION INCLUDED PHOTO DOCUMEN TATION OF EACH DAM A WRITTEN NARRA TIVE THE PRESERVATION OF PORTIONS OF THE LOWER DAM AND THE PRESERVATION OF THE ROCK WALLS THAT SURROUNDED THE IMPOUNDMENTS 4HE MUSEUM IS ALSO IN THE PROCESS OF DEVELOPING SIGNAGE FOR THE SITE AND INCORPORATING A PUBLIC EDUCATION COMPONENT
TOP 2EADING 0UBLIC -USEUM $AM AFTER REMOVAL BOTTOM DURING REMOVAL
#ONTACT 3ARA $EULING WITH !MERICAN 2IVERS AT FOR MORE INFORMATION PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
)SSUE
3UBMERGED #ULTURAL 2ESOURCE $OCUMENTATION AND 0ARTIAL 0RESERVATION
2ESULT
3TUDY OF 3UBMERGED #ULTURAL 2ESOURCE )MPROVED (ABITAT FOR -IGRATORY
&ISH
%MBREY $AM 2APPAHANNOCK 2IVER 6IRGINIA )N %MBREY $AM WAS BUILT SLIGHTLY DOWNSTREAM OF AN CRIB DAM 4HE FOOT HIGH FOOT STRUCTURE GENERATED HY DROELECTRIC POWER UNTIL THE S 4HE CITY ALSO USED WATER DIVERTED BY THE DAM INTO THE 2APPAHANNOCK #ANAL AS A WATER SOURCE FOR ITS PUBLIC WATER SUPPLY UNTIL EARLY 4HE DAM 0HOTO 3PREAD !MERICAN 2IVERS 0HOTO ,IBRARY
HAD OUTLIVED ITS ORIGINAL PURPOSE AND WAS IN A STATE OF DISREPAIR PROMPTING FEDERAL STATE AND LOCAL OFlCIALS TO WORK WITH ENVIRONMEN TAL AND CONSERVATION GROUPS TO REMOVE THE DAM AND REOPEN THE RIVER )N THE DAM WAS REMOVED BY THE !RMY #ORPS OF %NGI NEERS RESTORING THE RIVER FOR !MERICAN AND HICKORY SHAD AND OTHER MIGRATORY SPECIES ABOVE %MBREY $AM RIGHT !MBURSEN STYLE INSIDE %MBREY $AM
0ROCESS 4HE 3ECTION REVIEW FOR THE REMOVAL OF %MBREY $AM ENCOMPASSED A PROJECT AREA THAT INCLUDED lVE HISTORIC RESOURCES INCLUDING THE TH CENTURY REINFORCED CONCRETE !MBURS EN STYLE %MBREY $AM THE ASSOCIATED POWER PLANT A PORTION OF THE 2APPAHANNOCK #A NAL A RACEWAY FOR AN IRONWORKS AND THE TH CENTURY CRIB DAM SUBMERGED IN THE %MBREY $AM IMPOUNDMENT 7HILE THE DAM WAS REMOVED TO RESTORE NATURAL HABITAT AND A SHAD lSHERY A THOROUGH 3ECTION REVIEW ENSURED THE HISTORIC RESOURCES WERE RECORDED AND INTERPRETED -ITIGATION 4HE ENTIRE DAM WAS RECORDED PHOTOGRAPHICALLY BEFORE AND DURING DEMOLITION 4HESE PHO TOGRAPHS WERE THEN ARCHIVED WITH LOCAL AND STATE AGENCIES /NCE THE IMPOUNDMENT WAS
PAGE
DRAINED AN ARCHAEOLOGICAL TEAM STUDIED AND DOCUMENTED THE TH CENTURY CRIB DAM PRIOR TO ITS REMOVAL )N ADDITION PART OF THE %MBREY $AM ABUTMENT WAS LEFT IN PLACE FOR POSTERITY 0UBLIC INTERPRETATION IS ANOTHER IMPORTANT COMPONENT OF THE %MBREY $AM -EMORANDUM OF !GREEMENT 4HE !RMY #ORPS OF %NGINEERSˆTHE LEAD FEDERAL AGENCY FOR THE PROJECTˆIS COMMITTED TO PRODUCING EDUCATIONAL PANELS EXPLAINING THE %MBREY $AM S HISTORY 4HESE PANELS WILL BE INSTALLED NEAR THE DAM SITE AND A BROCHURE ON THE INDUSTRIAL HISTORY OF THE SITE WILL BE PUBLISHED FOR HERITAGE TOURISM #ONTACT *OHN 4IPPETT WITH &RIENDS OF THE 2APPAHANNOCK AT FOR MORE
0HOTO #REDIT 4HERESA *ARRELLS
INFORMATION
ABOVE 2APPAHANNOCK 2IVER LOOKING UPSTREAM TOWARD THE FORMER %MBREY $AM SITE
PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
)SSUE
0ARTIAL 0RESERVATION )NTERPRETATION
2ESULT
)NNOVATIVE 0RESERVATION OF A (ISTORIC 2ESOURCE )MPROVED
7ATER 1UALITY
+ENT $AM #UYAHOGA 2IVER /HIO 4HE +ENT $AM ORIGINALLY BUILT IN IN CONJUNCTION WITH THE 0ENNSYLVA NIA /HIO #ANAL WAS ONCE RESPONSIBLE FOR SUPPLYING POWER THAT FUELED THE CITY OF +ENT S INDUSTRIAL BOOM "OTH THE DAM AND THE LOCK ARE HISTORICALLY UNIQUE IN SEVERAL WAYS THE DAM IS THE OLDEST MASONRY DAM IN /HIO AS WELL AS THE SECOND OLDEST ARCH DAM IN THE 5NITED 3TATES AND REPORTEDLY THE TH OLD EST DAM IN THE COUNTRY (OWEVER THE DAM WAS A MAJOR CONTRIBUTOR TO VIOLA TIONS IN WATER QUALITY STANDARDS FOR THE -IDDLE #UYAHOGA S WARM WATER HABI TAT DESIGNATION 4HE IMPOUNDMENT LACKED SUFlCIENT DISSOLVED OXYGEN LEVELS AND DID NOT PROVIDE ADEQUATE AQUATIC HABITAT AND THE DAM WAS A BARRIER TO lSH MIGRATION 0ROCESS 4HE /HIO %NVIRONMENTAL 0ROTECTION !GENCY S /HIO %0! h-IDDLE #UYAHOGA 4-$, 2EPORTv AND THE ISSUANCE OF A NEW DISCHARGE PERMIT AT +ENT S WASTEWATER TREATMENT PLANT DREW ATTENTION TO THE WATER QUALITY SHORTCOMINGS CREATED BY THE DAM 4HE #ITY OF +ENT AND OTHER STAKEHOLDERS MAKING UP THE +ENT $AM !DVISORY #OM 0HOTO 3PREAD #ITY OF +ENT
MITTEE WORKED TO DEVELOP A PLAN TO MEET WATER QUALITY STANDARDS BY hRESTORING A FREE mOWING BYPASS OF THE RIVERv AROUND THE DAM 4HIS PLAN CALLED FOR THE REMOVAL OF THE SLUICE GATE AND CONCRETE RETAINING TOP +ENT $AM BOTTOM AFTER
WALL AND MODIlCATION OF THE CANAL LOCK )N ACCORDANCE WITH 3ECTION OF THE .ATIONAL (ISTORIC 0RESERVATION !CT THE 5 3 %0! AND LATER THE !RMY #ORPS OF %NGINEERS BEGAN CONSULTATION WITH THE /HIO 3TATE (ISTORIC 0RESERVATION /FlCE 3(0/ )T WAS DETERMINED THAT BECAUSE THE +ENT )NDUSTRIAL $ISTRICT IS LISTED ON THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES THE +ENT $AM AND -AIN 3TREET "RIDGE ARE
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CONTRIBUTING RESOURCES TO THIS DISTRICT THEREFORE REMOVING THE SLUICE GATE AND RETAINING WALL AND MODIFYING THE CANAL LOCK WOULD HAVE AN ADVERSE EFFECT UPON THE +ENT $AM )NDUSTRIAL $ISTRICT -ITIGATION 3ECTION CONSULTATION BY THE FEDERAL AGENCIES WITH THE 3(0/ #ITY AND OTHER STAKEHOLDERS INITIATED THE REVIEW AND NEGOTIATION PROCESS 4HE #ITY OF +ENT THE +ENT (ISTORICAL 3OCIETY AND OTHER PROJECT PARTNERS CON SENTED TO CERTAIN CONDITIONS OR STIPULATIONSnEACH ALLOWING SOME mEXIBIL ITY IN THE POSITIONS OF THEIR ORGANIZATIONSnIN ORDER TO RESTORE THE NATURAL RIVERINE FUNCTION OF THE #UYAHOGA AND MINIMIZE THE EFFECTS OF THE PROJECT ON THE +ENT )NDUSTRIAL $ISTRICT 0ROJECT MITIGATION AT +ENT WAS TWO FOLD INCLUDING BOTH DOCUMENTATION AND HISTORIC INTERPRETATION 0RIOR TO MODIlCATION OF THE HISTORIC STRUC TURES THE CITY HIRED A QUALIlED CONSULTANT TO ENSURE (!%2 ,EVEL )) DOCUMENTATION OF THE DAM ASSOCIATED STRUCTURES TO BE REMOVED AND THE IMPOUNDMENT +ENT ALSO RETAINED A CONSULTANT TO PREPARE A REPORT ON THE HISTORY AND SIGNIlCANCE OF THE DAM THE CANAL AS IT RELATES TO +ENT AND THE HISTORIC DISTRICT AND OTHER HISTORIC RESOURCES THAT COMPRISE THE HISTORIC DISTRICT AND HAD A ROLE IN THE DEVELOPMENT OF +ENT 0HOTO 3PREAD #ITY OF +ENT
4HE #ITY OF +ENT TOOK A UNIQUE APPROACH IN RECONCILING HISTORIC INTER ESTS WITH ECOLOGICAL CONSIDERATIONS OF THE RIVER RESULTING IN A NEW SPACE THAT DRAWS PEOPLE TO THE RIVER AND CELEBRATES THE AREA S HERITAGE +EEPING THE DAM AND THE WATER FEATURE IT PROVIDED WAS VERY IMPORTANT TO THE COMMUNITY 4O RESTORE A FREE mOWING RIVER THE PROJECT ENGINEERS MODIlED THE EXIST
TOP LOOKING UPSTREAM AFTER THE RIVER WAS RESTORED BOTTOM LOOKING DOWNSTREAM AFTER THE RIVER WAS RESTORED
ING CANAL AND LOCK LEAVING PART OF IT FOR HISTORIC PURPOSES BUT REMOVING ENOUGH STRUCTURE TO ALLOW THE #UYAHOGA 2IVER TO mOW FREELY 4HE DAM ITSELF WAS LEFT INTACT BECOMING THE FOCAL POINT OF THE SITE 0ROJECT DESIGNERS INCORPORATED A PUMP SYSTEM THAT ALLOWS WATER TO mOW OVER THE FACE OF THE DAMˆRECREATING THE AESTHETIC APPEAL OF THE DAM AS IT PREVIOUSLY APPEARED ! HISTORICAL INTERPRETIVE PARK WAS ALSO CREATED BEHIND THE DAM PROVIDING PUBLIC ACCESS TO THE DAM BRIDGE AND LOCK WALL )NTERPRETIVE SIGNS ARE DISPLAYED THAT DESCRIBE THE HISTORY OF THE HISTORIC LANDSCAPE INCLUDING THE DAM CANAL AND BRIDGE PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
)SSUE
0OTENTIAL !DAPTIVE 2EUSE AND 0UBLIC %DUCATION /PPORTUNITIES
2ESULT
)MPROVED (ABITAT FOR -IGRATORY &ISH
"ULL 2UN (YDROELECTRIC 0ROJECT 3ANDY AND ,ITTLE 3ANDY 2IVERS /REGON 4HE ,ITTLE 3ANDY $AM AND THE -ARMOT $AM WERE BUILT IN AND RESPECTIVELY AS PART OF HYDROPOWER PROJECT UNDERTAKEN BY THE -OUNT (OOD #OMPANY )N !PRIL 0ORTLAND 'ENERAL %LECTRIC 0'% EXECUTED A (ISTORIC 0ROPERTIES -ANAGEMENT 0LAN (0-0 AS PART OF THEIR SETTLEMENT AGREEMENT WITH THE &EDERAL %NERGY 2EGULATORY #OMMISSION &%2# TO SURRENDER ITS HYDROELECTRIC LICENSE AT THE "ULL 2UN 0ROJECT 4HE PROJECT IS COM PRISED OF TWO DAMS THE -ARMOT $AM ON THE 3ANDY 2IVER AND THE ,ITTLE 3ANDY $IVERSION
$AM ON THE ,ITTLE 3ANDY 2IVER !S PART OF THIS SETTLE 0HOTO 3PREAD !MERICAN 2IVERS 0HOTO ,IBRARY
MENT AGREEMENT THE -ARMOT $AM WAS REMOVED IN *ULY TO RESTORE ACCESS TO HISTORIC lSH SPAWNING HABITAT 4HE ,ITTLE 3ANDY $IVERSION $AM IS SCHEDULED FOR REMOVAL SUMMER 0ROCESS "ECAUSE OF THE LOCATION OF THE -ARMOT AND ,ITTLE 3ANDY DAMS NEAR POTENTIAL ARCHAEOLOGICAL SITES THE PROJECT LICENSEE 0'% UNDERTOOK SURVEYS TO EXAMINE TOP -ARMOT $AM DURING REMOVAL BOTTOM !FTER REMOVAL
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ARCHAEOLOGICAL RESOURCES POTENTIAL ETHNOGRAPHIC DATA AND HISTORIC SIGNIlCANCE OF PROJECT FACILITIES 4HREE ARCHAEOLOGICAL SITES WERE DISCOVERED DURING THE SURVEY BUT ONLY ONE WAS RECOMMENDED AS ELIGIBLE FOR THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES 7HILE THE DECOMMISSIONING PLAN AVOIDED IMPACT ING THE ARCHAEOLOGICAL SITES 0'% AGREED TO CONSULT WITH THE "UREAU OF ,AND -ANAGEMENT ",- STAFF ARCHAEOLOGIST THE APPROPRIATE TRIBES AND THE 0HOTO #REDIT !MERICAN 2IVERS 0HOTO ,IBRARY
/REGON 3TATE (ISTORIC 0RESERVATION /FlCE 3(0/ TO DETERMINE ADDITIONAL STEPS SHOULD PLANS CHANGE &INALLY AN EVALUATION OF THE HISTORIC STRUCTURES REVEALED ELIGIBILITY FOR THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES FOR THE -ARMOT $AM ,ITTLE 3ANDY $IVERSION $AM "ULL 2UN 7ATER #ONVEYANCE 3YS TEMS 2OSLYN ,AKE %ARTH lLL $IKES 0OWERHOUSE )NTAKE 0ENSTOCKS AND 3URGE 4ANK "ULL 2UN 0OW ERHOUSE AND "ULL 2UN 4RANSFORMER "UILDING AND -ACHINE 3HOP
ABOVE ,ITTLE 3ANDY $AM ,ITTLE 3ANDY 2IVER /2
-ITIGATION )N ACCORDANCE WITH AN AGREEMENT NEGOTIATED WITH THE &%2# THE 3(0/ AND THE !DVISORY #OUNCIL ON (ISTORIC 0RESERVATION 0'% AGREED TO A SERIES OF STEPS TO MITIGATE FOR ADVERSE EF FECTS TO PROJECT FACILITIES 0'% COMMISSIONED (ISTORIC !MERICAN %NGINEERING 2EPORT ,EVEL ) MEASURED DRAWINGS PHOTOGRAPHIC DOCUMENTATION AND A WRITTEN HISTORY OF ALL .ATIONAL 2EGISTER ELIGIBLE FACILITIES 0'% ALSO DEVELOPED A MARKETING PROPOSAL FOR POTENTIAL ADAPTIVE REUSE OF THE POWERHOUSE AND PROVIDED THE PUBLIC AN OPPORTUNITY TO TOUR THE FACILITIES PRIOR TO DECOMMISSIONING 4HESE hOPEN HOUSESv ENGAGED THE COMMUNITY AND ALLOWED FOR EDUCATIONAL PRESENTATIONS ON THE HISTORY OF HYDROELECTRICITY THE "ULL 2UN 0ROJECT AND THE PROJECT S ROLE IN THE AREA S DEVELOPMENT 4HE 3(0/ MAY ALSO CHOOSE TO SELECT HISTORICALLY SIGNIlCANT ARCHITECTURAL ELEMENTS FOR PUBLIC EDUCATION CURATION OR REUSE
4HE ",- ADMINISTERS APPROXIMATELY NINE PERCENT OF THE PROJECT LANDS #ONTACT "RETT 3WIFT WITH !MERICAN 2IVERS AT FOR MORE INFORMATION
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$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
)SSUE
$OCUMENTATION 0ARTIAL 0RESERVATION
2ESULT
)MPROVED (ABITAT FOR -IGRATORY &ISH
)RVING -ILL $AM 2IDLEY #REEK 0ENNSYLVANIA )RVING -ILL $AM WAS A FOOT BY FOOT STONE DAM ORIGINALLY BUILT TO POWER THE )RVING -ILL 4HE DAM WAS ROUGHLY TWO MILES UPSTREAM FROM THE CONmUENCE OF 2IDLEY #REEK AND THE $ELAWARE 2IVER AND WAS THE lRST BLOCKAGE OF lVE ALONG THIS CREEK PREVENTING THE MI GRATION OF ANADROMOUS lSH INCLUDING !MERICAN SHAD 7HILE THE )RVING -ILL IS ELIGIBLE FOR LISTING ON THE .ATIONAL (ISTORIC 2EGISTER AND IS STILL IN USE AS A BUSINESS IT NO LONGER FUNC TIONS AS A MILL AND THE OWNER EXPRESSED A WILLINGNESS TO REMOVE THE DAM IN EFFORTS TO RESTORE 2IDLEY #REEK 4HE .ATIONAL /CEANIC AND !TMOSPHERIC !DMINISTRATION ./!! 0ENNSYL VANIA (ISTORIC AND -USEUM #OMMISSION 0(-# AND OTHERS ENTERED INTO A MEMORANDUM OF AGREEMENT -/! TO MITIGATE THE ADVERSE EFFECTS OF THE PROJECT INCLUDING THE REMOVAL OF
0HOTO 3PREAD !MERICAN 2IVERS 0HOTO ,IBRARY
)RVING -ILL $AM AND THE lLLING OF THE CANAL ASSOCIATED WITH THE MILL RACEWAY
ABOVE )RVING -ILL $AM RIGHT AFTER REMOVAL
-ITIGATION $OCUMENTATION AND PARTIAL PRESERVATION WERE INCORPORATED AS MITIGATION FOR THE PROJECT S EFFECTS TO HISTORIC RESOURCES $OCUMENTATION CONSISTED OF ARCHIVAL QUALITY MM BLACK AND WHITE PHOTOGRAPHS OF THE )RVING -ILL $AM PRIOR TO ITS REMOVAL )N ADDITION TO PHOTOGRAPHS OF THE DAM A NARRATIVE HISTORY OF THE )RVING -ILL WAS INCLUDED WITH THE PHOTOGRAPHS 4HESE MATERIALS ARE RETAINED BY THE 0(-# )N ADDITION A FOOT SECTION OF THE DAM WAS PRESERVED TO ALLOW FOR HISTORICAL INTERPRETATION #ONTACT 3ARA $EULING WITH !MERICAN 2IVERS AT FOR MORE INFORMATION PAGE
)SSUE
0RESERVATION )N 3ERVICE
2ESULT
)NNOVATIVE "YPASS #HANNEL &ISHWAY #ONSTRUCTION )MPROVED (ABITAT FOR
-IGRATORY &ISH
(EISHMAN S -ILL $AM #ONODOGUINET #REEK 0ENNSYLVANIA ,OCATED IN 7EST 0ENNSBORO 4OWNSHIP (EISHMAN S -ILL IS A RESTORED GRIST MILL BUILT IN THAT OPERATED INTO THE S 4HE OWNER OF THE MILL WHO HAS SPENT THE PAST YEARS RESTORING IT CONSIDERS THE DAM AN INTEGRAL PART OF THE MILL COMPLEX AND DOES NOT WANT IT REMOVED )N ADDITION (EISHMAN S -ILL IS INCLUDED ON A LIST OF PROPERTIES PREVI OUSLY IDENTIlED AS HAVING LOCAL SIGNIlCANCE WORTHY OF ACKNOWLEDGMENT BY THE 0ENN SYLVANIA 3TATE (ISTORIC 0RESERVATION /FlCE 4HE PROPERTY IS CURRENTLY BEING CONSIDERED FOR LISTING ON THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES -ITIGATION !LTHOUGH IT WAS DETERMINED THAT THE ORIGINAL DAM WOULD NOT BE REMOVED PROJ ECT PARTNERS STILL SOUGHT A WAY TO PROVIDE MIGRATORY lSH WITH ACCESS TO UPSTREAM SPAWNING HABITAT )N ORDER TO PROVIDE lSH PASSAGE AT THE DAM !MERICAN 2IVERS
THE 0ENNSYLVANIA &ISH AND "OAT #OMMISSION AND THE 5 3 &ISH AND 7ILDLIFE 3ERVICE EXAMINED TRADITIONAL lSH LADDERS AS WELL AS MORE RECENT lSH PASSAGE TECHNOLOGY INCLUDING A BYPASS CHANNEL lSHWAYˆONE THAT WHOLLY CIRCUMVENTS THE BARRIER AND RESEMBLES IN BOTH FORM AND FUNCTION A SIDE CHANNEL OR NATURAL
0HOTO 3PREAD !MERICAN 2IVERS 0HOTO ,IBRARY
TRIBUTARY OF THE MAIN RIVER SYSTEM 4HE PROJECT PARTNERS AND THE DAM OWNER FOUND COMMON GROUND IN THE BYPASS CHANNEL lSHWAY OPTION AS IT DID NOT AFFECT THE DAM ENABLES lSH PASSAGE AND CREATES ADDITIONAL RIVER LIKE HABITAT THAT HAS BEEN LOST DUE TO THE IMPOUNDMENT CREATED BY THE DAM #ONTACT 3ERENA -C#LAIN WITH !MERICAN 2IVERS AT FOR MORE INFORMATION
TOP (EISHMAN S -ILL $AM ABOVE LEFT "YPASS #HANNEL BOTTOM "YPASS 'ATE
PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
)SSUE
$OCUMENTATION )NTERPRETATION
2ESULT
)MPROVED &ISH (ABITAT IN THE -ERCED 2IVER AND %LIMINATION OF $AM
3AFETY #ONCERNS
#ASCADE $IVERSION $AM -ERCED 2IVER #ALIFORNIA 9OSEMITE .ATIONAL 0ARK 4HE #ASCADE $IVERSION $AM WAS A TIMBER CRIB DAM CONSTRUCTED IN TO DIVERT THE mOW OF THE MAIN STEM OF THE -ERCED 2IVER INTO A HYDROELECTRIC GENERATING FACILITY 4HE FACILITIES WERE TAKEN OFmINE IN THE MID S AS THE DAM DETERIORATED AND THE HYDROPOWER SYSTEM BECAME OUTDATED 4HE FURTHER DETERIORATED DAM SUFFERED SIGNIlCANT DAMAGE DURING A mOOD EVENT IN "ECAUSE OF SAFETY CONCERNS AND ITS IMPACT ON NATURAL RESOURCES IN THE -ERCED 7ILD AND 3CENIC 2IVER CORRIDOR WITHIN 9OSEMITE .ATIONAL 0ARK THE DAM WAS REMOVED IN
0HOTO 3PREAD &RIENDS OF THE 2IVER
ABOVE #ASCADE $IVERSION $AM
0ROCESS 4HE #ASCADES $IVERSION $AM AND INTAKE STRUCTURE WITH SCREENS WERE DETERMINED TO BE ELIGIBLE FOR INCLUSION IN THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES IN !S THE OWNER OF THE DAM AND PROPONENT OF RIVER RESTORATION THE .ATIONAL 0ARK 3ERVICE EVALUATED THE IMPACTS ASSOCIATED WITH THE DEMOLITION RELOCATION AND OR REHABILITATION OF ALL COMPONENTS OF THE 9OSEMITE (YDROELECTRIC 0OWER 0LANT ALSO KNOWN AS THE #ASCADES 0OWERHOUSE IN
PAGE
4HIS EVALUATION INCLUDED THE REMOVAL OF THE DAM WHICH WAS IDENTIlED AS THE PREFERRED ALTERNATIVE 7ITH THE COMPLETION OF THIS EVALUATION THE .ATIONAL 0ARK 3ERVICE lNISHED THE CONSULTATION PROCESS ASSOCIATED WITH 3ECTION OF THE .ATIONAL (ISTORIC 0RESERVATION !CT !S PART OF THIS PROCESS THE .ATIONAL 0ARK 3ERVICE SIGNED A -EMORANDUM OF !GREE MENT WITH THE #ALIFORNIA 3TATE (ISTORIC 0RESERVATION /FlCER AND THE !DVISORY #OUNCIL ON (ISTORIC 0RESERVATION
ABOVE #ASCADE $IVERSION $AM AFTER REMOVAL
-ITIGATION 4HE MEMORANDUM IDENTIlED STIPULATIONS FOR DAM REMOVAL INCLUDING THE PREPARATION OF (ISTORIC !MERICAN %NGINEERING 2EPORT DOCUMENTATION THE SUBMITTAL OF ARCHIVAL PHOTO GRAPHS AND NARRATIVE TO THE 3TATE (ISTORIC 0RESERVATION /FlCER AND THE &RESNO -ETROPOLI TAN -USEUM AND THE DEVELOPMENT OF AN ACCURATE SCALE MODEL OF THE ENTIRE -ERCED 2IVER HYDROELECTRIC SYSTEM
PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
,ESSONS ,EARNED
)SSUE
'ETTING 4HE 0ROCESS 2IGHT
2ESULT
)MPROVED )NTER !GENCY #OORDINATION 3TANDARD 'UIDELINES )MPROVED
(ABITAT FOR -IGRATORY &ISH
-C'OLDRICK $AM !SHUELOT 2IVER .EW (AMPSHIRE 4HE -C'OLDRICK $AM ON THE !SHUELOT 2IVER WAS A SIX FOOT HIGH TIMBER CRIB DAM BUILT IN AND LATER CAPPED WITH CON CRETE 4HE DAM DIVERTED WATER INTO A POWER CANAL THAT SUPPLIED WATER TO EIGHT MANUFACTURING FACILITIES UNTIL 4HE DAM WAS REMOVED IN !UGUST TO PROMOTE THE RESTORATION OF A HISTORIC lSHERY 0ROCESS $URING THE PLANNING OF THE -C'OLDRICK $AM REMOVALn.EW (AMPSHIRE S lRST DAM REMOVAL FOR THE PURPOSE OF RIVER RESTORA
0HOTO 3PREAD 3TEPHANIE ,INDLOFF
TIONnTHE 3ECTION PROCESS WAS OVERLOOKED &AILURE TO COOR
TOP -C'OLDRICK $AM BEFORE REMOVAL BOTTOM AFTER REMOVAL PAGE
DINATE WITH THE 3TATE (ISTORIC 0RESERVATION /FlCE 3(0/ EARLY IN THE PROJECT RESULTED IN A DELAY OF MORE THAN A YEAR 5PON COORDINATION PROJECT PARTNERS WERE NOTIlED THAT A HISTORIC RESOURCE INVESTIGATION OF THE DAM AND ASSOCIATED PROPERTIES WAS REQUIRED 4HE 3(0/ FOUND THE DAM AND CANAL TO BE ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES BECAUSE IT hREPRESENTED A RARE SURVIVAL OF AN EARLY ATTEMPT TO HARNESS WA TERPOWER ON A MODERATELY LARGE SCALE v "ECAUSE THE PLANNED DAM REMOVAL WAS FOUND TO ADVERSELY AFFECT THE PROPERTY A -EMORANDUM OF !GREEMENT -/! FOR MITIGATION OF AD VERSE EFFECTS WAS EXECUTED AMONG THE 5 3 &ISH AND 7ILDLIFE 3ERVICE THE .EW (AMPSHIRE $EPARTMENT OF %NVIRONMENTAL 3ERVICES AND THE .EW (AMPSHIRE 3(0/ -ITIGATION 4HE -/! INCLUDED CONDITIONS SUCH AS TAKING ARCHIVAL QUALITY PHOTOGRAPHS OF THE DAM TO BE STORED WITH THE 3(0/ AND DEVELOPMENT AND INSTALLATION OF INTERPRETIVE SIGNAGE CONCERN ING THE SIGNIlCANCE OF THE DAM AND CANAL AT THE FORMER DAM SITE )N ADDITION ORIGINAL PLANS TO lLL A PORTION OF THE CANAL WITH THE RUBBLE GENERATED FROM THE DAM DECONSTRUCTION WERE CHANGED TO DISPOSE OF THE RUBBLE AT AN OFF SITE LOCATION LEAVING THE CANAL UNTOUCHED ,ESSONS ,EARNED 4HE PROJECT HIGHLIGHTS THE NEED FOR EARLY COORDINATION WITH ALL RELEVANT STATE AND FEDERAL AGENCIES )T IS NOW WELL UNDERSTOOD IN .EW (AMPSHIRE THAT HISTORIC PRESERVATION INTERESTS MUST BE INVOLVED EARLY IN THE PLANNING OF A PROJECT 'ENERALIZED GUIDELINES HAVE BEEN DEVEL OPED IN .EW (AMPSHIRE FOR CONDUCTING ARCHITECTURAL AND ARCHAEOLOGICAL RESOURCE REVIEWS SPECIlC TO DAM REMOVAL PROJECTS IN AN EFFORT TO STANDARDIZE THE PROCESS #ONTACT 3TEPHANIE ,INDLOFF WITH !MERICAN 2IVERS AT FOR MORE INFORMATION
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$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
!00%.$)8 " ()34/2)# 02%3%26!4)/. ,!7 &EDERAL AND STATE HISTORIC PRESERVATION LAWS WERE DEVELOPED IN ORDER TO hFOSTER CONDITIONS UNDER WHICH OUR MODERN SOCIETY AND OUR PREHISTORIC AND HISTORIC RESOURCES CAN EXIST IN PRO DUCTIVE HARMONY v "ELOW IS AN OVERVIEW OF FEDERAL STATE AND TRIBAL HISTORIC PRESERVATION LAW AND HOW THESE LAWS SPECIlCALLY RELATE TO DAM REMOVAL INCLUDING DISCUSSION OF HOW THE LAWS ARE TRIGGERED AND THE PROCESS INVOLVED
&EDERAL (ISTORIC 0RESERVATION ,AW $EPENDING ON THE DAM INVOLVED SEVERAL FEDERAL PRESERVATION LAWS COULD BE TRIGGERED IN A DAM REMOVAL 4HE .ATIONAL (ISTORIC 0RESERVATION !CT IN PARTICULAR 3ECTION IS ACTI VATED MOST OFTEN (OWEVER THE !RCHAEOLOGICAL 2ESOURCES 0ROTECTION !CT AND GUIDELINES SET FORTH BY THE &EDERAL %NERGY 2EGULATORY #OMMISSION &%2# CAN ALSO APPLY TO DAM REMOVAL PROJECTS
.ATIONAL (ISTORIC 0RESERVATION !CT 4HE .ATIONAL (ISTORIC 0RESERVATION !CT .(0! OF IS THE PRIMARY FEDERAL LAW GOV ERNING HISTORIC PRESERVATION 2EGULATIONS IMPLEMENTING THE .(0! WERE ISSUED BY THE !D VISORY #OUNCIL ON (ISTORIC 0RESERVATION !#(0 AND ARE THE WORKING BASIS FOR THE .(0! 4HE .(0! IS CONSIDERED A hPROCESS BASEDv LAW n IT DOES NOT DICTATE A CERTAIN OUTCOME BUT RATHER ENSURES THAT HISTORIC PRESERVATION CONCERNS ARE INTEGRATED INTO THE PLANNING AND IM PLEMENTATION OF FEDERAL ACTIONS AND ATTEMPTS TO RESOLVE ANY CONmICTS THROUGH CONSULTATION )TS PRIMARY PRESERVATION MECHANISM IS CALLED THE h3ECTION v REVIEW WHICH REFERS TO THE CORRESPONDING SECTION OF THE .(0! 3ECTION REQUIRES FEDERAL AGENCIES AS PART OF THEIR PLANNING PROCESS TO CONSIDER THE IMPACTS OF THEIR ACTIONS ON HISTORIC AND CULTURAL RESOURCES AND TO PROVIDE THE !#(0 AN OPPORTUNITY TO COMMENT ON THESE lNDINGS 4HE .(0! AND ITS AMENDMENTS ESTABLISHED THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES SEE $ETERMINING (ISTORIC 6ALUE AND AUTHORIZED THE !#(0 TO PROMULGATE REGULATIONS THAT FORM THE FOUNDATION OF FEDERAL GOVERNMENT ACTION IN THE AREAS OF HISTORIC PRESERVATION AND HIS TORIC PROPERTIES MANAGEMENT 7HAT )NITIATES THE 3ECTION 0ROCESS 7HEN THERE IS A FEDERAL UNDERTAKING ˆESSENTIALLY FEDERAL INVOLVEMENT IN A PROJECT E G FEDERALLY OWNED PROPERTY FEDERALLY FUNDED PROJECT PROJECT REQUIRING A FEDERAL PERMIT
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PROJECT RECEIVING FEDERAL ASSISTANCE AND THE PROJECT COULD IMPACT PROPERTIES THAT ARE LISTED IN THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES OR THE PROJECT COULD IMPACT PROPERTIES THAT HAVE THE POTENTIAL TO BE LISTED IN THE .ATIONAL 2EGISTER THEN THE RESPONSIBLE FEDERAL AGENCY MUST INITIATE A 3ECTION REVIEW #&2 )F THERE IS MORE THAN ONE FEDERAL AGENCY INVOLVED IN A PROJECT A LEAD AGENCY SHOULD BE IDENTIlED TO EFFECTIVELY COORDINATE THE PROCESS )N REALITY MOST DAM REMOVALS REQUIRE FEDERAL PERMITSˆA #LEAN 7ATER !CT #7! 3ECTION PERMIT AND IN CONJUNCTION WITH THE 3EC TION PERMIT A 2IVERS AND (ARBORS !CT 3EC TION PERMIT ˆISSUED BY THE !RMY #ORPS OF %NGINEERS !RMY #ORPS )F THE !RMY #ORPS WILL EVENTUALLY NEED TO ISSUE A FEDERAL PERMIT FOR A DAM REMOVAL THEN A 3ECTION REVIEW
%XAMPLE PROJECTS THAT COULD TRIGGER A 3ECTION REVIEW s ! FEDERAL AGENCY ISSUES A GRANT TO LOCAL WATERSHED GROUP TO REMOVE A DAM THAT WAS ONCE USED TO POWER A GRISTMILL IN THE EARLY S s !N !RMY #ORPS OF %NGINEERS #LEAN7ATER !CT 3ECTION PERMIT IS REQUIRED BEFORE A STATE lSHERIES AGENCY CAN REMOVE AN AGING MILL DAM TO RESTORE lSH PASSAGE s ! HYDROPOWER DAM S LICENSE TO OPERATE HAS EXPIRED AND THEY ARE lLING A LICENSE SURRENDER APPLICATION WITH &%2# WITH THE INTENT OF REMOVING THE DAM
IS REQUIRED 4HE !RMY #ORPS TYPICALLY COOR DINATES WITH THE RELEVANT 3TATE (ISTORIC 0RES ERVATION /FlCE TO INCORPORATE THE 3ECTION CONSULTATION INTO THEIR PERMITTING PROCESS )N SOME CASES HOWEVER THE TIMING OF THIS CO ORDINATION I E AFTER THE PERMIT APPLICATION IS RECEIVED BY THE !RMY #ORPS MAY BE CON SIDERED TOO LATE IN THE PROJECT S DEVELOPMENT 3OME PROJECTS MAY REQUIRE THE INITIATION OF 3ECTION CONSULTATION DURING THE DEVELOPMENT OF ALTERNATIVES 4HE ACCEPTABLE APPROACH AND PROCESS VARIES FROM STATE TO STATE 4HE LEAD FEDERAL AGENCY IS REQUIRED TO CONSULT WITH THE 3TATE OR 4RIBAL (ISTORIC 0RESERVATION /FlCE 3(0/ 4(0/ THE PUBLIC LOCAL GOVERNMENT THE PERMIT OR LICENSEE APPLICANT AND OTHER INTERESTED PARTIES TO DETERMINE WHETHER THE PROJECT HAS THE POTENTIAL TO AFFECT PROPER TIES THAT ARE HISTORICALLY SIGNIlCANT REGARDLESS OF WHETHER OR NOT THEIR HISTORIC SIGNIlCANCE HAS ALREADY BEEN IDENTIlED )F THE ACTION COULD AFFECT PROPERTIES WITH PO TENTIAL HISTORIC SIGNIlCANCE THOSE PROPERTIES
3TATE (ISTORIC 0RESERVATION /FlCE 4RIBAL (ISTORIC 0RESERVATION /FlCE 4HE .(0! AUTHORIZES THE CREATION OF STATE AND TRIBAL HISTORIC PRESERVATION OFlCES 3(0/ 4(0/ TO MANAGE THE .(0! ON A STATE OR TRIBAL LEVEL REVIEW NOMINATIONS TO THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES AND CONSULT WITH THE APPROPRIATE FED ERAL AGENCIES DURING 3ECTION REVIEWS 3(0/S 4(0/S PLAY AN IMPORTANT ROLE IN ASSESSING THE IMPACTS OF UNDERTAKINGS ON HISTORIC PROPERTIES AND IN DEVELOPING -EMORANDA OF !GREEMENT
MUST BE PROFESSIONALLY EVALUATED IN ACCOR DANCE WITH STANDARDS SET FORTH IN #&2 TO DETERMINE WHETHER OR NOT THEY MEET THE CRITERIA FOR LISTING IN THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES
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$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
)F IT IS DETERMINED THAT THE PROPERTIES ARE ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER AND THAT THE PROPOSED PROJECT COULD RESULT IN ADVERSE EFFECTS ON THOSE PROPERTIES THE FEDERAL AGENCY MUST SEEK THE ADVICE OF THE APPROPRIATE 3(0/ 4(0/ AND CONSULTING PARTIES TO AVOID MINIMIZE OR MITIGATE THOSE EFFECTS 3ECTION STRONGLY ENCOURAGES PRESERVATION BUT THE PROJECT MAY PROCEED DESPITE ADVERSE EFFECTS ON HISTORIC PROPERTIES IF IT IS DEEMED TO BE IN THE BEST INTEREST OF THE PUBLIC )N SUCH SITUATIONS APPROPRIATE MITIGATION AND MINIMI ZATION OF THE ADVERSE EFFECTS SHOULD BE ADDRESSED IN THE 3ECTION PROCESS RESULTING IN THE DEVELOPMENT OF A LEGALLY BINDING DOCUMENT A -EMORANDUM OF !GREEMENT BETWEEN THE FEDERAL AGENCY THE 3(0/ 4(0/ AND CONSULTING PARTIES AS APPROPRIATE !VOIDANCE MINIMIZATION AND MITIGATION MAY INCLUDE ALTERNATIVE PROJECT DESIGNS AND LOCATIONS PROFES SIONAL DOCUMENTATION OF THE RESOURCE PRIOR TO THE UNDERTAKING PRESERVING PORTIONS OF THE RESOURCE RECOVERY OF DATA FROM THE SITE AND INTERPRETIVE SIGNAGE
3ECTION 0ROCESS 3ECTION 2EGULATIONS &LOW #HART )NITIATE 3ECTION 0ROCESS s %STABLISH UNDERTAKING s )DENTIFY APPROPRIATE 3(0/ 4(0/ s 0LAN FOR INVOLVING THE PUBLIC s )DENTIFY OTHER CONSULTING PARTIES
.O UNDERTAKING NO POTENTIAL TO CAUSE EFFECTS
5NDERTAKING IS TYPE THAT MIGHT AFFECT HISTORIC PROPERTIES
)DENTIFY (ISTORIC 0ROPERTIES s $ETERMINE SCOPE OF EFFORTS s )DENTIFY HISTORIC PROPERTIES s %VALUATE HISTORIC SIGNIlCANCE
.O HISTORIC PROPERTIES AFFECTED
(ISTORIC PROPERTIES ARE AFFECTED
!SSESS !DVERSE %FFECTS s !PPLY CRITERIA OF ADVERSE EFFECT
.O HISTORIC PROPERTIES ADVERSELY AFFECTED
(ISTORIC PROPERTIES ARE ADVERSELY AFFECTED
2ESOLVE !DVERSE %FFECTS s #ONTINUE CONSULTATION
&AILURE TO !GREE
PAGE
-EMORANDUM OF !GREEMENT
!DVISORY #OUNCIL #OMMENT
.ATIONAL (ISTORIC 0RESERVATION !CT WITH A 4WISTˆ!DDITIONAL 2EVIEW 2EQUIRED #ERTAIN PROJECTS MAY REQUIRE ADDITIONAL STEPS IN THE 3ECTION REVIEW PROCESS WHETHER IT BE THROUGH A SPECIlC SET OF AGENCY GUIDELINES OR SUPPLEMENTAL LAWS THAT SUPPORT THE .(0! 4HE FOLLOWING PARAGRAPHS WILL EXAMINE HOW HYDROPOWER RELICENSING IS AFFECTED BY 3ECTION REVIEW AND HOW THE DISCOVERY OF OR POTENTIAL FOR ARCHAEOLOGICAL RESOURCES CAN ALSO AF FECT A PROJECT
(YDROPOWER ,ICENSING AND (ISTORIC 0RESERVATION 7HEN PROPOSING THE REMOVAL OF HYDROPOWER DAMS THAT ARE REGULATED BY THE &EDERAL %NERGY 2EGULATORY #OMMISSION &%2# WHETHER IT IS VOLUNTARY LICENSE SURRENDER ON THE PART OF THE OWNER OR THE DENIAL OF A LICENSE RENEWAL APPLICATION BY &%2# A 3ECTION REVIEW WILL BE REQUIRED )N &%2# RELEASED 'UIDELINES FOR THE $EVELOPMENT OF (ISTORIC 0ROPERTIES -ANAGEMENT 0LANS FOR &%2# (YDROELECTRIC 0ROJECTS AS PART OF THEIR EFFORT TO COMPLY WITH 3ECTION OF THE .(0! 'ENERALLY &%2# FULlLLS 3ECTION BY ENTERING INTO AN AGREE MENT WITH THE DAM OWNER THE !#(0 AND THE STATE WHICH IS LATER INCORPORATED INTO THE DAM LICENSE 4YPICALLY THE AGREEMENT REQUIRES THE LICENSE APPLICANT TO DEVELOP AND IMPLEMENT A (ISTORIC 0ROPERTIES -ANAGEMENT 0LAN (0-0 WHICH PROVIDES A PROCESS FOR UNDERSTAND ING AND MANAGING THE DAM REMOVAL S POTENTIAL IMPACTS ON HISTORIC RESOURCES 4HE (0-0 SHOULD IDENTIFY HISTORIC PROPERTIES SET HISTORIC PRESERVATION GOALS ASSESS PROJECT EFFECTS AND MITIGATION MANAGEMENT MEASURES AND PROVIDE FOR IMPLEMENTATION OF THE PREFERRED ALTERNATIVE
7HEN PLANNING A DAM REMOVAL ON FEDERAL OR TRIBAL LANDS ONE MUST ALSO BE AWARE THAT WHILE THE STRUCTURE ITSELF MAY OR MAY NOT BE CONSIDERED TO BE ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER THE IMPOUNDED WATER COULD BE PRESERVING AN ARCHAEOLOGICAL SITE
!RCHAEOLOGICAL 2ESOURCES 0ROTECTION !CT 7HEN PLANNING A DAM REMOVAL ON FEDERAL OR TRIBAL LANDS ONE MUST ALSO BE AWARE THAT WHILE THE STRUCTURE ITSELF MAY OR MAY NOT BE CONSIDERED TO BE ELIGIBLE FOR LISTING IN THE .ATIONAL 2EGISTER THE IMPOUNDED WATER COULD BE PRESERVING AN ARCHAEOLOGICAL SITE 4HE !RCHAEOLOGICAL 2ESOURCES 0ROTECTION !CT !20! PROVIDES FOR THE PRESERVATION AND HAN DLING OF ARCHAEOLOGICAL RESOURCES FOUND ON FEDERAL AND TRIBAL LANDS SUCH AS POTTERY BAS KETRY BOTTLES WEAPONS WEAPON PROJECTILES TOOLS STRUCTURES OR PORTIONS OF STRUCTURES PIT HOUSES ROCK PAINTINGS ROCK CARVINGS INTAGLIOS GRAVES lSHING WEIRS ETC !CCORDING TO PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
THE !20! ARCHAEOLOGICAL RESOURCES ARE THE MATERIAL REMAINS OF PAST HUMAN LIFE OR ACTIVITY AT LEAST YEARS OLD THAT ARE OF ARCHAEOLOGICAL INTEREST 4HE !20! ESTABLISHES A PERMIT SYSTEM FOR EXCAVATION AND OTHER RESEARCH AT ARCHAEOLOGICAL SITES ON FEDERAL AND TRIBAL LANDS AND SETS UP CRIMINAL AND OR CIVIL PENALTIES FOR VIOLATION OF THE !CT )F AN ARCHAEOLOGICAL SITE IS DISCOVERED PRIOR TO A DAM REMOVAL PROJECT MANAGERS SHOULD WORK WITHIN THE CONlNES OF THE !20! TO OBTAIN A PERMIT THAT WILL ALLOW THE PROJECT TO PROCEED )F ARCHAEOLOGICAL RESOURCES ARE DISCOVERED DURING THE PROCESS OF REMOVING THE DAM ALL ACTIVITY SHOULD CEASE AND PROJECT MANAGERS SHOULD FOLLOW STEPS SIMILAR TO THOSE OUTLINED BELOW UNDER )NADVERTENT $ISCOVERIES IN THE SECTION ON 4RIBAL (ISTORIC 0RESERVATION LAW )F THE ARCHAEOLOGICAL SITE WILL NOT BE EXCAVATED THEN !20! PERMITS SHOULD NOT BE NEEDED FOR THE PROJECT HOWEVER IT IS BEST TO CONSULT WITH BOTH THE &EDERAL LAND MANAGER AND LEAD &EDERAL AGENCY BEFORE PROCEEDING
.ATIONAL %NVIRONMENTAL 0OLICY !CT 4HE ESSENCE OF THE .ATIONAL %NVIRONMENTAL 0OLICY !CT .%0! IS THAT BEFORE A FEDERAL AGENCY EMBARKS ON ANY MAJOR ACTION THAT MAY SIGNIlCANTLY AFFECT THE ENVIRONMENT THE FEDERAL AGENCY MUST CONSIDER THE ENVIRONMENTAL IMPACTS OF THAT ACTION !MONG THE CON SEQUENCES CONSIDERED UNDER A .%0! ANALYSIS ARE HYDROLOGICAL GEOLOGICAL BIOLOGICAL ECO LOGICAL AND SOCIAL 3OCIAL CONSEQUENCES INCLUDE EVALUATION OF THE IMPACT OF THE PROPOSED ACTION TO ANY POTENTIAL HISTORIC OR CULTURAL RESOURCES !#(0 ENCOURAGES FEDERAL AGENCIES TO COORDINATE THEIR 3ECTION PROCESS WITH THEIR .%0! REVIEW
4RIBAL (ISTORIC 0RESERVATION ,AW &OR A DAM REMOVAL PROJECT ON FEDERAL OR TRIBAL LAND WHERE PROJECT LEADERS BELIEVE ARTIFACTS SUCH AS HUMAN REMAINS FUNERARY OBJECTS SACRED OBJECTS OR OBJECTS OF CULTURAL PATRIMONY MAY BE DISCOVERED OR ARE ACCIDENTALLY UNCOVERED DURING THE COURSE OF A DAM REMOVAL THE PROJECT IS SUBJECT TO THE .ATIVE !MERICAN 'RAVES 0ROTECTION AND 2EPATRIATION !CT .!' 02! IN ADDITION TO 3ECTION AND !20! 4HE EXCAVATION AND INADVERTENT DISCOVERY PROVISIONS OF .!'02! APPLY ONLY TO FEDERAL AND TRIBAL LANDS 5NDER .!'02! TRIBAL LANDS ARE LANDS INCLUDING PRIVATE LANDS WITHIN THE EXTERIOR BOUNDARIES OF AN )NDIAN RESERVATION )F THE BURIAL GROUND IS NOT ON FEDERAL OR TRIBAL LAND THEN THE EXCAVATION AND INADVERTENT DISCOVERY PROVISIONS OF .!'02! DO NOT APPLY &EDERAL AGENCIES MUST ALSO CONSULT WITH )NDIAN TRIBES THAT ATTACH RELIGIOUS AND CULTURAL SIGNIlCANCE TO HISTORIC PROPERTIES REGARDLESS OF THEIR LOCATION 3ECTION D OF THE .ATIONAL (ISTORIC 0RESERVATION !CT ALLOWS TRIBES MEETING CERTAIN CRITERIA TO ASSUME 3(0/ 4(0/ RESPONSIBILITIES ON TRIBAL LANDS
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.ATIVE !MERICAN 'RAVES 0ROTECTION AND 2EPATRIATION !CT 4HE !CT IS DIVIDED INTO TWO SECTIONS INTENTIONAL ARCHAEOLOGICAL EXCAVATIONS SECTION AND INADVERTENT DISCOVERIES SECTION )NTENTIONAL !RCHAEOLOGICAL %XCAVATIONS 7HEN REMOVING A DAM AT A SITE WHERE THERE IS KNOWLEDGE OF TRIBAL ARTIFACTS THE ENTITY UNDERTAKING THE REMOVAL WILL NEED TO FOLLOW THE PROCESS OUTLINED BELOW 4HESE REGULATIONS PERMIT THE INTENTIONAL EXCAVATION OF ARTIFACTS FROM FEDERAL OR TRIBAL LANDS ONLY IF THE OB JECTS ARE EXCAVATED OR REMOVED FOLLOWING THE REQUIREMENTS OF THE !RCHAEOLOGICAL 2ESOURCES 0ROTECTION !CT !20! AND ITS IMPLEMENTING REGULATIONS s 4HE EXCAVATION OF TRIBAL ARTIFACTS MUST BE DONE IN CONSULTATION WITH AND OR THE CONSENT IF ON TRIBAL LANDS OF THE .ATIVE !MERICAN TRIBE AFFECTED s )F THE PROJECT IS ON FEDERAL LAND PRIOR TO ISSUING ANY PERMITS FOR THE PROPOSED WORK THE FEDERAL AGENCY OFlCIAL MUST NOTIFY TRIBES WITH A LIKELY CULTURAL RELATIONSHIP TO THE ARTIFACTS IN WRITING AND INCLUDE A DETAILED OUTLINE OF THE PLANNED ACTIVITIES AND PROPOSED TIMES AND PLACES FOR FUTURE MEETINGS TO FURTHER DISCUSS THE EXCAVATION PLANS )F THE PROJECT IS ALSO SUBJECT TO 3ECTION REVIEW THE AGENCY OFlCIAL SHOULD CONTINUE TO COORDINATE WITH THE 3(0/ 4(0/ AND OTHERS INVOLVED IN THE REVIEW PROCESS s /NCE AN AGREEMENT IS REACHED ON THE HISTORIC NATURE OF THE SITE AND THE ACTIONS TO BE TAKEN THE FEDERAL AGENCY OFlCIAL MUST SUBMIT A DETAILED PLAN OF ACTION s 4HE AFFECTED TRIBE S HAS THE RIGHT TO ENSURE THE REMAINS ARE EXCAVATED OR REMOVED FOL LOWING THE STANDARDS SET BY THE !RCHAEOLOGICAL 2ESOURCES 0ROTECTION !CT AND TO ENSURE THE ARTIFACTS ARE DISPOSED ACCORDING TO THE CHAIN OF CUSTODY ESTABLISHED IN SECTION OF THE !20! )NADVERTENT $ISCOVERIES )N THE MAJORITY OF DAM REMOVAL CASES WHERE AN ARCHAEOLOGICAL COMPONENT EXISTS THE AR TIFACTS TEND TO BE INADVERTENTLY DISCOVERED RATHER THAN INTENTIONALLY EXCAVATED )F IN THE PROCESS OF REMOVING A DAM TRIBAL ARTIFACTS E G A lSHING WEIR OR REMAINS OF A ONCE SUB MERGED VILLAGE ARE DISCOVERED ALL WORK MUST STOP IMMEDIATELY AND THE FOLLOWING STEPS MUST BE TAKEN s 4HE DISCOVERY MUST BE REPORTED IMMEDIATELY WITHOUT DELAY VIA TELEPHONE WITH FOLLOW UP WRITTEN CONlRMATION TO A FEDERAL AGENCY OFlCIAL WITH RESPECT TO FEDERAL LANDS OR THE APPROPRIATE TRIBAL LEADER WITH RESPECT TO TRIBAL LANDS
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$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
s .O LATER THAN THREE DAYS AFTER WRITTEN NOTIlCATION IS RECEIVED THE APPROPRIATE OFlCIAL MUST CERTIFY RECEIPT OF THE NOTICE AND TAKE IMMEDIATE STEPS TO SECURE AND PROTECT THE ARTIFACTS )N THE CASE OF A PROJECT ON FEDERAL LAND THE AGENCY OFlCIAL MUST NOTIFY THE AFFECTED TRIBES VIA TELEPHONE AND THROUGH WRITTEN CONlRMATION s /NCE PROPER NOTIlCATION HAS GONE OUT THE PROJECT WILL THEN FOLLOW THE CONSULTATION AND DISPOSITION STEPS OUTLINED ABOVE IN )NTENTIONAL !RCHAEOLOGICAL %XCAVATIONS s )F THE PROJECT IS OTHERWISE LAWFUL ACTIVITY MAY RESUME DAYS AFTER RECEIPT OF THE CERTIlCATION OF WRITTEN NOTIlCATION !CTIVITY MAY ALSO RESUME ANY TIME AFTER A WRITTEN
BINDING AGREEMENT HAS BEEN REACHED BETWEEN THE FEDERAL AGENCY AND THE AFFECTED TRIBES
3TATE (ISTORIC 0RESERVATION ,AW !LL STATES HAVE AN HISTORIC PRESERVATION OFlCE THAT COORDINATES HISTORIC PRESERVATION ACTIVI TIES 3TATES ARE GIVEN CERTAIN RESPONSIBILITIES UNDER THE .ATIONAL (ISTORIC 0RESERVATION !CT SECTION B s #ONDUCT SURVEYS AND MAINTAIN INVENTORIES OF HISTORIC PROPERTIES s )DENTIFY AND NOMINATE ELIGIBLE PROPERTIES TO THE .ATIONAL 2EGISTER s 0REPARE AND IMPLEMENT A COMPREHENSIVE STATEWIDE HISTORIC PRESERVATION PLAN s !DMINISTER A FEDERAL HISTORIC PRESERVATION GRANT PROGRAM s !DVISE AND ASSIST FEDERAL AGENCIES IN CARRYING OUT THEIR HISTORIC PRESERVATION RESPONSIBILITIES s #OOPERATE WITH THE !DVISORY #OUNCIL OTHER FEDERAL AGENCIES AND OTHERS TO ENSURE THAT HISTORIC PROPERTIES ARE CONSIDERED AT ALL LEVELS OF PLANNING AND DEVELOPMENT I E 3ECTION s 0ROVIDE PUBLIC INFORMATION AND EDUCATION s #OOPERATE WITH AND ASSIST LOCAL GOVERNMENTS IN THEIR HISTORIC PRESERVATION PROGRAMS AND s #ONSULT WITH FEDERAL AGENCIES ON FEDERAL UNDERTAKINGS AND OTHER RESOURCE MANAGEMENT ACTIVITIES 3TATES MAY ALSO HAVE THEIR OWN HISTORIC PRESERVATION GUIDELINES AND OR REGULATIONS 3TATE HISTORIC PRESERVATION LAWS VARY BUT MANY PARALLEL THE .(0! AND SEVERAL REQUIRE ASSESS MENT OF IMPACTS FROM STATE ACTIONS ON HISTORIC RESOURCES 3OME STATE PRESERVATION LAWS TAKE ARCHAEOLOGICAL AND TRIBAL CONCERNS INTO CONSIDERATION SOMETIMES GOING FURTHER THAN THE FEDERAL LAW 4HE STATE OF &LORIDA FOR EXAMPLE PASSED LAWS PROTECTING HUMAN BURIALS SKELETAL REMAINS AND ASSOCIATED BURIAL ARTIFACTS FOUND ON PUBLIC AND PRIVATE LAND IN THE PAGE
STATE INCLUDING SUBMERGED LAND 3TATE LAW SUCH AS THIS IS SIGNIlCANT IN THAT IT lLLS A LEGAL GAP WHEN FEDERAL JURISDICTION STOPS AT PUBLIC LAND "ECAUSE THIS REPORT IS AN OVERVIEW IT IS IMPORTANT TO CHECK SPECIlC STATE HISTORIC PRESERVA TION LAWS BEFORE PROCEEDING WITH A DAM REMOVAL PROJECT
3OME STATE PRESERVATION LAWS TAKE ARCHAEOLOGICAL AND TRIBAL CONCERNS INTO CONSIDERATION SOMETIMES GOING FURTHER THAN THE FEDERAL LAW
4O FURTHER ILLUSTRATE THIS POINT EXAMPLES FROM A FEW STATES ARE INCLUDED AND DISCUSSED IN FURTHER DETAIL IN !PPENDIX # &IND CURRENT STATE LAW BY CHECKING WITH THE APPROPRIATE 3TATE (ISTORIC 0RESERVATION /FlCE A LIST OF THESE OFlCES CAN BE FOUND ON THE .ATIONAL #ONFERENCE OF 3TATE (ISTORIC 0RESERVATION /FlCERS WEB SITE WWW NCSHPO ORG
,OCAL (ISTORIC 0RESERVATION ,AW ,OCAL GOVERNMENTS MAY ALSO HAVE HISTORIC PRESERVATION ORDINANCES WHICH MAY COMPLE MENT FEDERAL AND STATE LAWS BY REGULATING PRIVATE ACTIONS &OR EXAMPLE LOCAL ORDINANCES CAN REQUIRE A SPECIAL PERMIT BEFORE A HISTORIC PROPERTY CAN BE ALTERED SEE FOR EXAMPLE WWW CR NPS GOV HPS WORKINGONTHEPAST 4HEREFORE IT IS IMPORTANT TO CHECK WITH LOCAL OFlCIALS REGARDING LOCAL PRESERVATION ORDINANCES PRIOR TO INITIATING A DAM REMOVAL PROJECT
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$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
!00%.$)8 # 34!4% ()34/2)# 02%3%26!4)/. ,!73 7HILE THERE ARE NATIONAL LAWS IN PLACE THAT SERVE TO PROTECT HISTORIC RESOURCES EACH STATE HAS THE ABILITY TO INTERPRET HISTORIC PRESERVATION IN ITS OWN WAY "ECAUSE OF THE POTENTIAL VARIABILITY AMONG THE STATES IT IS IMPORTANT TO EXAMINE STATE AS WELL AS FEDERAL LAW 4HE PURPOSE OF THIS APPENDIX IS NOT TO PROVIDE A COMPREHENSIVE LOOK AT PRESERVATION LAW IN EACH OF THE STATES BUT RATHER TO PROVIDE EXAMPLES OF HOW STATE LAW COMPARES WITH FEDERAL REQUIREMENTS AND EVOLVES TO ADDRESS SPECIlC ISSUES RELEVANT TO EACH STATE 4HIS APPENDIX EXPLORES BOTH THE REGULATORY CLIMATE AND THE PRACTICAL APPLICABILITY OF STATE REGULATIONS IN 6ERMONT 0ENNSYLVANIA #ALIFORNIA AND 7ISCONSIN
6ERMONT 6ERMONT IS UNDERGOING A PLANNING PROCESS TO IDENTIFY AND PRIORITIZE HISTORIC DAMS FOR PRES ERVATION AND PROTECTION PURPOSES !S A PART OF THIS PROCESS 6ERMONT HAS PROPOSED A SERIES OF CATEGORIES BY WHICH TO WEIGH THE HISTORIC VALUE OF EACH OF THE STATE S DAMS 4HE CATEGO RIES INCLUDE (OW LONG A DAM HAS BEEN AT A PARTICULAR LOCATION 4HE EXTENT TO WHICH AN HISTORIC ENVIRONMENT STILL EXISTS AROUND A DAM SITE E G BUILDINGS OR ARCHAEOLOGICAL REMAINS THAT ARE PART OF THE ORIGINAL COMMUNITY 4HE EXTENT TO WHICH FEATURES DIRECTLY ASSOCIATED WITH THE HISTORICAL FUNCTION OF A DAM REMAIN PRESENT TO ILLUSTRATE WHAT THE DAM WAS FOR AND HOW IT WORKED E G MILL BUILDINGS CANALS ETC )NTRINSIC PHYSICAL CHARACTERISTICS OF THE DAM AS IT EXISTS TODAY TO DETERMINE WHETH ER IT MIGHT REPRESENT A PARTICULARLY UNUSUAL TYPE OF DAM OR MIGHT BE IMPORTANT IN THE HISTORY OF DAMS AND ENGINEERING 4HE AGE OF THE EXISTING DAM WITHIN WHICH THE TIME PERIOD IT WAS BUILT E G THE EARLIER A DAM WAS BUILT WITHIN THE PERIOD OF THAT TYPE OF CONSTRUCTION MAY HAVE GREATER VALUE AND 4HE EXTENT TO WHICH THE DAM POSSESSES HISTORICAL INTEGRITYˆMEANING THE DEGREE TO WHICH THE ORIGINAL DESIGN WORKMANSHIP AND MATERIAL OF THE DAM REMAINS 4HIS INFORMATION WILL PROVIDE THE STATE WITH CRITERIA BY WHICH TO PROTECT AND IN SOME CASES RESTORE CERTAIN DAMS TO ACHIEVE HISTORIC PRESERVATION PURPOSES WHILE ALLOWING REMOVAL OF OTHERS FOR PUBLIC SAFETY AND ENVIRONMENTAL PURPOSES PAGE
!LTHOUGH PRESERVATION OPTIONS FOR HISTORIC DAMS WILL VARY BY STRUCTURE AS PART OF THE CON SULTATION PROCESS 6ERMONT S (ISTORIC 0RESERVATION /FlCE HAS RECOMMENDED THE FOLLOW ING MITIGATION OPTIONS FOR ADVERSE EFFECTS TO DAMS AS PART OF THE REMOVAL OR BREACHING PROCESS $OCUMENT AND RESEARCH AFFECTED RESOURCES &UND A FEASIBILITY STUDY FOR A NEW USE OF ASSOCIATED BUILDINGS !SSIST PROJECT PARTNERS OR CURRENT OR NEW OWNERS IN FUNDING AND IMPLEMENTING A FEASIBLE NEW USE -OVE DECOMMISSIONED BUILDINGS TO ANOTHER APPROPRIATE LOCATION !TTACH APPROPRIATE EASEMENTS TO DEEDS TO ENSURE LONG TERM PRESERVATION OF DECOM MISSIONED BUILDINGS $EVELOP OFF SITE MITIGATION SUCH AS A INTERPRETATION OF THE IMPACTED RESOURCE B RESEARCH C DEVELOPMENT OF A TRUST FUND TO REPAIR AND MAINTAIN DAMS LISTED AS HIGH PRIORITY FOR PRESERVATION AND 0ROVIDE ANY OTHER HISTORIC PRESERVATION RELATED PUBLIC BENElTS
0ENNSYLVANIA 4HE #OMMONWEALTH OF 0ENNSYLVANIA HAS TAKEN A DIFFERENT APPROACH THAN 6ERMONT WHEN IT COMES TO EVALUATING THE POTENTIAL HISTORICAL SIGNIlCANCE OF DAMS 7HERE 6ERMONT HAS CHO SEN TO PRIORITIZE DAMS CONSIDERED WORTHY OF PRESERVATION IN PLACE OR REQUIRING EXTENSIVE MITIGATION IF CONSIDERED FOR REMOVAL 0ENNSYLVANIA HAS TYPICALLY TAKEN A MORE SELECTIVE AP PROACH WHEN REQUIRING DETAILED EVALUATIONS OF THE POTENTIAL HISTORICAL SIGNIlCANCE OF A DAM PROPOSED FOR REMOVAL 4HIS MAKES 0ENNSYLVANIA PARTICULARLY WORTHY OF STUDY CONSIDERING IT IS ONE OF THE OLDEST STATES IN THE COUNTRY AND ALSO LEADS THE NATION IN THE NUMBER OF DAMS THAT ARE REMOVED EACH YEAR !S DETERMINED BY THE 0ENNSYLVANIA (ISTORY #ODE AND THE .ATIONAL (ISTORIC 0RESERVATION !CT .(0! THE 0ENNSYLVANIA (ISTORICAL AND -USEUM #OMMISSION 0(-# IS THE DESIG NATED 3(0/ AND THEREFORE ADMINISTERS ALL STATE HISTORIC PRESERVATION PROGRAMS AND ACTIVI TIES THROUGH THE "UREAU FOR (ISTORIC 0RESERVATION 4HIS INCLUDES REVIEWING THE POTENTIAL FOR A DAM REMOVAL PROJECT TO AFFECT HISTORIC PROPERTIES OR CULTURAL RESOURCES )N GENERAL THE 0ENNSYLVANIA (ISTORY #ODE IS MODELED AFTER THE .(0! AND THEREFORE COMPLIANCE WITH FEDERAL AND STATE HISTORIC PRESERVATION LAW CAN BE ACHIEVED IN A PARALLEL PROCESS
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$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
)N RECENT YEARS THE #OMMONWEALTH OF 0ENNSYLVANIA WHICH HAS A PROACTIVE DAM REMOVAL PROGRAM SPEARHEADED BY THE $EPARTMENT OF %NVIRONMENTAL 0ROTECTION S $AM 3AFETY 0RO GRAM AND THE 0ENNSYLVANIA &ISH AND "OAT #OMMISSION HAS WORKED TOWARD BETTER INTEGRA TION AND COMMUNICATION WITH THE 3(0/ )NCREASED CONSULTATION AMONG THE AGENCIES HAS LED TO A FRAMEWORK FOR DETERMINING WHETHER A DAM REMOVAL PROJECT MAY AFFECT HISTORIC PROPERTIES OR ARCHAEOLOGICAL RESOURCES AND IF SO DETERMINING WHAT TYPE OF MITIGATION MAY BE APPROPRIATE
7HAT GIVES A DAM HISTORIC VALUE IN 0ENNSYLVANIA -ANY OF THE DAMS THAT ARE ELIGIBLE FOR THE .ATIONAL 2EGISTER OF (ISTORIC 0LACES AND ALSO UNDER CONSIDERATION FOR REMOVAL IN 0ENNSYLVANIA ARE OLD MILL DAMS 'ENERALLY SPEAKING IF THE MILL DAM OR RACEWAY ARE INTACT THE 3(0/ WILL REQUEST AVOIDANCE MINIMIZATION OR MITIGATION OF THE PROJECT S POTENTIAL ADVERSE EFFECTS /THER LESS INTACT STRUCTURES MAY ALSO BE CONSIDERED HISTORIC BUT TYPICALLY MORE WEIGHT IS GIVEN TO INTACT STRUCTURES
7HEN ARE ARCHAEOLOGICAL ISSUES RAISED IN 0ENNSYLVANIA )F THE EXTENT OF THE DAM PROPOSED FOR REMOVAL IS WITHIN THE STREAM BED THE 0(-# GENERALLY DOES NOT REQUIRE ARCHAEOLOGICAL INVESTIGATION (OWEVER IF ABUTMENTS EXTENDING WELL INTO THE STREAM BANK WOULD BE REMOVED OR IF THE REMOVAL OF THE DAM WILL REQUIRE SIGNIlCANT DISTURBANCE OF THE LAND 0(-# TAKES A MORE ACTIVE ROLE IN REVIEWING THE REMOVAL PLANS AND REQUESTING AVOIDANCE MINIMIZATION OR MITIGATION OF THE PROJECT S ADVERSE EFFECTS
7HAT TYPE OF HISTORIC MITIGATION IS REQUIRED FOR DAM REMOVAL IN 0ENNSYLVANIA 4HE MOST COMMON FORM OF MITIGATION REQUIRED IN 0ENNSYLVANIA IS DOCUMENTATION !N EX AMPLE OF A PROJECT THAT HAS REQUIRED THE EXECUTION OF A 3ECTION -EMORANDUM OF !GREE MENT IS THE )RVING -ILL $AM ON 2IDLEY #REEK SEE !PPENDIX " FOR CASE STUDY
#ALIFORNIA $AM REMOVAL IN #ALIFORNIA IS OFTEN A DIFFERENT UNDERTAKING THAN IT IS IN MANY OTHER STATES $AM REMOVAL PROJECTS TEND TO BE LARGE IN BOTH SCALE AND SCOPE INVOLVE A LENGTHIER DECI SION MAKING PROCESS AND BECAUSE OF THIS DAMS ARE FREQUENTLY MORE EXPENSIVE TO REMOVE )N ADDITION TO UNDERGOING 3ECTION REVIEW BOTH THE #ALIFORNIA %NVIRONMENTAL 1UALITY !CT #%1! AND THE #ALIFORNIA 0UBLIC 2ESOURCES #ODE CONTAIN TRIGGERS THAT CAN ACTIVATE AN HISTORIC REVIEW ON DAM REMOVAL PROJECTS #%1! MIRRORS THE .ATIONAL %NVIRONMENTAL 0OLICY !CT .%0! BY REQUIRING STATE AND LO CAL AGENCIES TO IDENTIFY ENVIRONMENTAL IMPACTS OF A PROPOSED PROJECT AND EVALUATE BOTH THE SIGNIlCANCE OF SAID IMPACTS AND THE POTENTIAL NEED FOR ALTERNATIVES OR MITIGATION (ISTORIC PAGE
RESOURCES ARE CONSIDERED PART OF THE ENVIRONMENT AND TRIGGER #%1! ESPECIALLY WHEN A DAM REMOVAL PROJECT MAY BE ELIGIBLE FOR LISTING IN THE #ALIFORNIA 2EGISTER OF (ISTORICAL 2ESOURCES /THER #%1! TRIGGERS ARE PROJECTS UNDERTAKEN BY A PUBLIC AGENCY AND DISCRETIONARY PROJECTS ON PRIVATE LAND $URING THIS REVIEW PROCESS THE LEAD PUBLIC AGENCY WORKS WITH #%1! AND THE 3(0/ OF THE 3TATE (IS TORIC 2ESOURCES #OMMISSION TO UNDERTAKE AN INITIAL STUDY OF THE PROJECT AND PREPARE EITHER AN %NVIRON MENTAL )MPACT 2EPORT %)2 OR .EGATIVE $ECLARATION NO SIGNIlCANT IMPACT ON THE HISTORIC RESOURCE )F AN %)2 IS PREPARED IT PROVIDES A COMPREHENSIVE LOOK AT THE AFFECTED RESOURCE AND IDENTIlES ALTERNATIVES OR MITIGATION TO MINIMIZE THESE IMPACTS TO THE HISTORIC RESOURCE #%1! GUIDELINES STRONGLY ENCOURAGE AVOID
4HE #OMMITTEE ON #ULTURAL 2ESOURCES OF THE -ODERN !GE PART OF THE 3TATE (ISTORIC 2ESOURCES #OMMISSION WAS ESTABLISHED TO ENCOURAGE AWARENESS AND THE EXCHANGE OF IDEAS ON MID CENTURY HISTORIC RESOURCES AND TO FACILITATE THEIR POTENTIAL LISTING IN BOTH THE STATE AND .ATIONAL 2EGISTER
ANCE OR PRESERVATION IN PLACE BUT RECOGNIZE THAT THIS IS NOT ALWAYS FEASIBLE 4HEY CONTEND THAT DOCUMENTATION DRAWINGS PHOTOGRAPHS OR DISPLAYS DOES NOT MITIGATE THE DESTRUCTION OF A STRUCTURE BUT REQUIRE THAT hALL FEASIBLEv MITIGATION BE DONE EVEN IF IT DOES NOT MITIGATE FOR THE FULL HISTORIC SIGNIlCANCE OF THE STRUCTURE $OCUMEN TATION DOES AT THE VERY LEAST PLAY AN IMPORTANT ARCHIVAL ROLE )T IS ALSO NOTEWORTHY TO CONSIDER THE AGE DIFFERENCES OF THE STRUCTURES ON EACH COAST WHEN COMPARING %AST #OAST DAM REMOVAL PROJECTS WITH THOSE IN #ALIFORNIA 4HERE ARE BOTH FAIRLY NEW AND VERY OLD STRUCTURES ON BOTH COASTS BUT GENERALLY DAM REMOVAL PROJECTS IN #ALI FORNIA FOCUS ON MUCH YOUNGER DAMS WHEN COMPARED TO MANY OF THE OLDER MILL DAMS BEING REMOVED ON THE %AST #OAST 7HILE SOME WOULD CONSIDER THIS AN INDICATOR THAT IT IS EASIER TO ESCAPE HISTORIC REVIEW IN #ALIFORNIA THEY WOULD BE MISTAKEN #ALIFORNIA HISTORIC PRES ERVATION LAW DOES NOT HAVE A MINIMUM AGE REQUIREMENT FOR CONSIDERING THE ADDITION OF A STRUCTURE TO THE #ALIFORNIA 2EGISTER OF (ISTORICAL 2ESOURCES 4HE #OMMITTEE ON #ULTURAL 2ESOURCES OF THE -ODERN !GE PART OF THE 3TATE (ISTORIC 2ESOURCES #OMMISSION WAS ESTAB LISHED TO ENCOURAGE AWARENESS AND THE EXCHANGE OF IDEAS ON MID CENTURY HISTORIC RESOURCES AND TO FACILITATE THEIR POTENTIAL LISTING IN BOTH THE STATE AND .ATIONAL 2EGISTER 7HILE DAMS HAVE YET TO BE ADDRESSED DIRECTLY DISCUSSIONS HAVE CENTERED ON hMODERN LAND SCAPES REmECTING THE AESTHETIC VALUES TECHNOLOGICAL DEVELOPMENTS AND RAPIDLY CHANGING AND DIVERSIFYING CULTURES OF THE MID TWENTIETH CENTURY v )F DAMS BUILT MID CENTURY ARE DEEMED AN IMPORTANT HISTORIC RESOURCE FOR THE COMMUNITY THEY WOULD BE ELIGIBLE FOR THE #ALIFORNIA 2EGISTER AND THUS SUBJECT TO STATE HISTORIC REVIEW LAWS 4HIS HAS THE POTENTIAL TO IMPACT SIGNIlCANTLY MORE STRUCTURES THAN IN MANY OTHER STATES PAGE
$AM 2EMOVAL AND (ISTORIC 0RESERVATION 2ECONCILING $UAL /BJECTIVES
7ISCONSIN ,IKE 0ENNSYLVANIA THE STATE OF 7ISCONSIN IS CONSIDERED A LEADER IN REMOVING DAMS TO RE STORE RIVERS 4HE 7ISCONSIN (ISTORICAL 3OCIETY IS THE 3(0/ 4HEY ARE BOTH A STATE AGENCY AND A PRIVATE MEMBERSHIP ORGANIZATION AND ARE RESPONSIBLE FOR hCOLLECTING ADVANCING AND DISSEMINATING KNOWLEDGEv ABOUT 7ISCONSIN AND ITS HISTORICAL RESOURCES )N ADDITION TO THE FEDERAL REQUIREMENTS OF 3ECTION THERE ARE STATE REGULATIONS ON HISTORIC PRESERVATION THAT COULD PLAY A SIGNIlCANT ROLE WHEN PURSUING A DAM REMOVAL PROJECT 7ISCONSIN STATUTES ON HISTORIC PRESERVATION CONTAIN SPECIlC INSTRUCTION IN DEALING WITH SUBMERGED CULTURAL RESOURCES !S WAS DISCUSSED IN THE SECTION ON )NADVERTENT $ISCOVERIES ABOVE THE IMPOUNDMENT OF A DAM HAS THE POTENTIAL TO COVER AND POSSIBLY PRESERVE HISTORIC AND CULTURAL RESOURCES 2EMOVAL OF A DAM MAY UNCOVER THOSE RESOURCES AND EXPOSE SENSI TIVE ARTIFACTS TO BOTH THE NATURAL ELEMENTS AND TO ILLEGAL SCAVENGING 7HILE LANGUAGE IN 7ISCONSIN S REGULATIONS ON SUBMERGED CULTURAL RESOURCES DEALS MAINLY WITH THE PROTECTION OF THOSE RESOURCES AND THEIR DESIGNATION AS SIGNIlCANT ITS POTENTIAL EFFECT ON DAM REMOVAL PROJECTS PARTICULARLY WHEN THERE IS A KNOWN SUBMERGED CULTURAL RESOURCE MAKES IT USEFUL TO EXAMINE KEY POINTS AS LAID OUT BY THE LAW !REAS OF SUBMERGED CULTURAL RESOURCES ARE MANAGED BY BOTH THE 7ISCONSIN (ISTORICAL 3O CIETY AND THE 7ISCONSIN $EPARTMENT OF .ATURAL 2ESOURCES COORDINATING THE PRESERVATION MANAGEMENT AND PUBLIC USE OF SAID LAND 4HE AGENCIES ALSO WORK TOGETHER TO DESIGNATE CER TAIN SUBMERGED CULTURAL AREAS AS BOTTOMLAND PRESERVES #RITERIA FOR DESIGNATING SUBMERGED LAND AND RESOURCES AS A BOTTOMLAND PRESERVE ARE s ! SUBMERGED RESOURCE IS DETERMINED TO BE OF HISTORIC SIGNIlCANCE AND EVERYONE IS IN AGREEMENT THAT A PRESERVE WILL FACILITATE PRESERVATION MANAGEMENT AND PUBLIC USE s !N INVENTORY OF THE SUBMERGED CULTURAL RESOURCES HAS BEEN CONDUCTED AND s ! PLAN FOR MANAGEMENT INCLUDING RECREATION HAS BEEN ESTABLISHED AND A MANAGER HAS BEEN DESIGNATED 4HE 7ISCONSIN (ISTORICAL 3OCIETY IS ALSO RESPONSIBLE FOR THE REVIEW OF AND RECOMMENDATION ON ISSUANCE OF PERMITS AS REQUESTED BY THE 3TATE !RCHAEOLOGIST AND THE 3ECRETARY OF THE $EPARTMENT OF .ATURAL 2ESOURCES
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%NDNOTES
&OR MORE INFORMATION ON THE ECOLOGICAL IMPACTS OF DAMS TO RIVERS AND THE RESTORATION POTENTIAL OF DAM REMOVAL SEE 4EN 2EASONS 7HY $AMS $AMAGE 2IVERS AND 4HE %COLOGY OF $AM 2EMOVAL AT HTTP WWW AMERICANRIVERS ORG SITE 0AGE3ERVER PAGENAME !2 ?'UIDE?$AM2EMOVAL
&OR AN EXAMPLE OF HISTORIC DISCOVERY PLEASE REFER TO THE %MBREY $AM REMOVAL CASE STUDY IN THE APPENDIX
3EE HTTP WWW NPS GOV NR ABOUT HTM
3EE HTTP WWW NPS GOV NR LISTING HTM
3ECTION IS SPECIlC ABOUT THE RIGHTS OF &EDERALLY RECOGNIZED TRIBES ALL OTHER TRIBES ARE AFFORDED THE SAME RIGHTS AS THE GENERAL PUBLIC 4HE REGULATIONS DElNE THE TERM h4(0/v AS THOSE TRIBES THAT HAVE ASSUMED 3(0/ RESPONSIBILITIES ON THEIR TRIBAL LANDS AND HAVE BEEN CERTIlED PURSUANT TO 3ECTION D OF THE .(0! .EVER THELESS TRIBES THAT HAVE NOT BEEN SO CERTIlED HAVE THE SAME CONSULTATION AND CONCURRENCE RIGHTS AS 4(0/S WHEN THE UNDERTAKING TAKES PLACE OR AFFECTS HISTORIC PROPERTIES ON THEIR TRIBAL LANDS 4HE PRACTICAL DIFFERENCE IS THAT DURING SUCH UNDERTAKINGS 4(0/S WOULD BE CONSULTED IN LIEU OF THE 3(0/ WHILE NON CERTIlED TRIBES WOULD BE CONSULTED IN ADDITION TO THE 3(0/ HTTP ACHP GOV SUMMARY HTML
0ROJECT APPLICANT IS THE PROJECT MANAGER OR PARTNER WHO IS APPLYING FOR THE FEDERAL GRANT OR PERMIT TRIGGERING INCLUSION OF THE LEAD FEDERAL AGENCY AND THE 3ECTION PROCESS
4HE STATE DAM SAFETY OFlCE MAY HAVE ARCHIVAL RECORDS OF DAMS UNDER ITS JURISDICTION 4HESE RECORDS MAY CONTAIN USEFUL HISTORICAL INFORMATION ABOUT THE SUBJECT DAM AND SITE
(OW TO !PPLY .ATIONAL 2EGISTER #RITERIA FOR %VALUATION .ATIONAL 2EGISTER "ULLETIN 7ASHINGTON .ATIONAL 0ARK 3ERVICE HTTP WWW NPS GOV HISTORY NR PUBLICATIONS BULLETINS NRB
'UIDELINES FOR %VALUATING AND $OCUMENTING 4RADITIONAL #ULTURAL 0ROPERTIES .ATIONAL 2EGISTER "ULLETIN 7ASHINGTON .ATIONAL 0ARK 3ERVICE HTTP WWW NPS GOV HISTORY NR PUBLICATIONS BULLETINS NRB
,OUIS "ERGER !SSOCIATES 0RESERVING 6ERMONT S -OST 3IGNIlCANT (ISTORIC $AMS 0HASE ) .ARROW ING THE 5NIVERSE OF $AMS 0REPARED FOR 3TATE OF 6ERMONT 5 3 $EPARTMENT OF )NTERIOR ,AKE #HAMPLAIN "ASIN 0ROGRAM AND 0RESERVATION 4RUST OF 6ERMONT
)T SHOULD BE NOTED THAT hNOTCHINGv HAS VARIABLE DElNITIONS &OR THE PURPOSES OF THIS REPORT hNOTCHINGv MEANS RE MOVAL OF A PORTION OF THE DAM TO THE DEPTH OF THE STREAMBED AND TO A WIDTH SUITABLE FOR PROVIDING lSH PASSAGE
3EE (ISTORIC !MERICAN %NGINEERING 2ECORD .ATIONAL 0ARK 3ERVICE HTTP WWW NPS GOV HISTORY HDP
3EE HTTP WWW NPS GOV HDP STANDARDS INDEX HTM
3EE HTTP WWW ACHP GOV .(0! PDF
"ARRETT "RENDA h! &RAMEWORK FOR #REATIVE -ITIGATION v #ULTURAL 2ESOURCE -ANAGEMENT .O
)BID
&OR MORE INFORMATION ABOUT THE BOOK 2IVER 2UNS &REE PRODUCED BY THE &REDERICKSBURG &REE ,ANCE 3TAR VISIT HTTP FREDERICKSBURG COM MARKETPLACE %MBRY$AM"OOK INDEX?HTML ! CONSERVATION EASEMENT IS A WAY FOR A LANDOWNER TO PERMANENTLY PROTECT THE ENVIRONMENTAL OR CULTURAL VALUE OF HIS OR HER LAND WHILE CONTINUING TO OWN IT )T IS A LEGAL AGREEMENT BETWEEN A LANDOWNER AND A GOVERNMENT AGENCY OR NONPROlT ORGANIZATION THAT PERMANENTLY LIMITS DEVELOPMENT OF THE LAND %VEN IF AN OWNER SELLS THE LAND OR PASSES IT TO HIS OR HER HEIRS THE CONSERVATION EASEMENT REMAINS IN EFFECT 4O READ THE -IDDLE #UYAHOGA 4-$, 2EPORT VISIT HTTP WWW EPA STATE OH US DSW TMDL #UYAHOGA2IVER-IDDLE4-$, HTML 3EE .EW (AMPSHIRE $IVISION OF (ISTORICAL 2ESOURCES 'ENERALIZED 'UIDELINES FOR 2ESEARCH AND 2EPORTING 3COPE OF 7ORK FOR 0ROPOSED $AM 2EMOVALS 0ERTAINING TO (ISTORICAL AND !RCHAEOLOGICAL 2ESOURCES HTTP WWW DES STATE NH US DAM DAM2EMOVAL 'UIDELINES?FOR?HISTORICAL PDF 3EE HTTP WWW AMERICANRIVERS ORG SITE $OC3ERVER 0ERMITTING?$AM?2EMOVAL 4HE?3TATE?OF??3EVERAL?? 3TATES PDF DOC)$ FOR IMPORTANT FEDERAL LAWS INVOLVED IN A DAM REMOVAL
5 3 # ET SEQ TO READ THE LAW AND RECENT AMENDMENTS SEE HTTP WWW CR NPS GOV LOCAL LAW &(0,?(IST0RSRVT PDF
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