APPENDIX

Draft MOA

DRAFT
MEMORANDUM OF AGREEMENT
AMONG THE FEDERAL RAILROAD ADMINISTRATION,
MARYLAND TRANSIT ADMINISTRATION,
THE MARYLAND STATE HIGHWAY ADMINISTRATION, AND
THE MARYLAND STATE HISTORIC PRESERVATION OFFICE PURSUANT TO 36 CFR 800
REGARDING THE BALTIMORE WASHINGTON INTERNATIONAL (BWI) RAIL STATION
IMPROVEMENTS AND FOURTH TRACK PROJECT
FROM GROVE INTERLOCKING TO WINANS INTERLOCKING,
ANNE ARUNDEL AND BALTIMORE COUNTIES, MARYLAND

WHEREAS, the Federal Railroad Administration (FRA) proposes to assist the Maryland
Transit Administration (MTA) with the replacement of the Baltimore Washington
International (BWI) Rail Station, addition of a third platform and installation of
approximately nine miles of a fourth mainline track along the Northeast Corridor between
Grove Interlocking in Anne Arundel County and Winans Interlocking in Baltimore
County, Maryland (the Undertaking); and
WHEREAS, the FRA and MTA have consulted with the Maryland State Historic
Preservation Office (MD SHPO) pursuant to 36 CFR 800, the regulations implementing
Section 106 of the National Historic Preservation Act (16 U.S.C. 470f); and
WHEREAS, the fulfillment of the terms of this Memorandum of Agreement (MOA) will
satisfy the responsibilities of MTA and any other Maryland state agency under the
requirements of the Maryland Historical Trust Act of 1985, as amended, State Finance
Procurement Article 5A-325 and 5A-326 of the Annotated Code of Maryland, for the
components of the Undertaking that require licensing, permitting, and/or funding actions
from Maryland State agencies; and
WHEREAS, as required in 36 CFR Section 800.4(a)(1), FRA, in conjunction with the
MTA, and the MD SHPO established the Undertakings Area of Potential Effects (APE)
(Attachment A); and
WHEREAS, FRA and MTA, in consultation with MD SHPO have determined that the
Undertaking will cause or have the potential to cause adverse effects upon three
archeological sites (18AN29B; 18AN1478, and 18AN1482) and Bridge No. 0207500
(MIHP No. AA-2125), which carries MD 174 over the Baltimore & Potomac Railroad
(now Amtrak) and is also known as the Reece Road Bridge, which are eligible or
potentially eligible for listing in the National Register of Historic Places (NRHP)
(Attachment B); and
WHEREAS, FRA and MTA have participated in the consultation, have responsibilities
for implementing stipulations under this MOA and have been invited to be signatories to
the MOA pursuant to 36 CFR 800.6(c)(2); and

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WHEREAS, the Maryland State Highway Administration (SHA), which owns Bridge
No. 2075, has been consulted on the effects of this Undertaking and will be a signatory to
the MOA to fulfill that agencys responsibilities as described in 36 CFR 800; and
WHEREAS, the Oneida Indian Nation; and the Maryland State Highway
Administration, formally accepted the invitation to be consulting parties; and
WHEREAS, FRA and MTA have consulted with the Oneida Indian Nation; Delaware
Tribe of Indians; Maryland State Highway Administration, Baltimore County Office of
Planning, Historic Preservation Division; and Anne Arundel County Office on Planning
and Zoning, Cultural Resources Division regarding the effects of the Undertaking on
historic properties; and
WHEREAS, the FRA and MTA notified the Advisory Council on Historic Preservation
(ACHP) of the adverse effect determination and the ACHP declined to participate in the
consultation; and
WHEREAS, the views of the public regarding this undertaking have been sought and
considered through a public meeting held on May 12, 2015; and
NOW, THEREFORE, the FRA, MD SHPO, SHA, and MTA agree that the undertaking
shall be implemented in accordance with the following stipulations in order to take into
account the effect of the undertaking on historic properties and that these stipulations
shall govern the Undertaking and all its parts until this MOA expires or is terminated.
STIPULATIONS
The FRA and MTA shall ensure that the following stipulations are implemented:
FRA and MTA shall implement the following stipulations:
I.

PURPOSE
This MOA sets forth the process by which FRA, with the assistance of MTA,
will meet its responsibilities under Section 106 for the Undertaking. The
MOA establishes procedures for ongoing consultation among FRA, MTA, the
MD SHPO, SHA, and the consulting parties to consider and resolve the
Undertakings effects on historic properties during the design and construction
phases of the Undertaking. The stipulations below set forth measures for
avoidance, minimization, and resolution of adverse effects on historic
properties; in addition, the stipulations specify how the signatories and the
other consulting parties will be involved in specified review.

II.

RESPONSIBILITIES OF THE SIGNATORIES

A. Signatory Parties

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FRA, MTA, the MD SHPO, and the SHA are the signatories to this MOA. The
signatories shall participate in the coordination process as specified in subsequent
stipulations of the MOA.
B. Federal Railroad Administration
FRA shall include the obligations set forth in this MOA as part of its Finding of
No Significant Impact and a condition of FRA approval of any grant issued for
design and construction of the Undertaking.
C. Maryland Transit Administration
MTA shall implement the terms of this MOA during design, construction, and
operation of the Undertaking.
D. State Highway Administration
FRA and MHT shall coordinate with the SHA architectural history staff to
identify and obtain copies of plans or documentation related to Bridge No.
0207500.. The records will be used to complete the updated MIHP documentation
for the bridge, and where appropriate, will be included in the documentation
package submitted to the MD SHPO.
III.

PROFESSIONAL STANDARDS
A. Qualifications
MTA shall ensure that all cultural resources work performed pursuant to this
MOA is carried out by or under the direct supervision of personnel meeting The
Secretary of the Interiors Professional Qualifications Standards (48 FR 44716)
(hereinafter cited as qualifications) with experiences and background in
History, Architectural History, Historic Architecture, and Archeology, as
appropriate. These personnel shall perform or directly supervise all cultural
resources work pursuant to this MOA.
B. Standards and Guidelines
MTA shall complete all cultural resources investigations and preservation work
executed as part of this MOA according to the following accepted professional
standards and guidelines:

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1. Secretary of the Interiors Standards and Guidelines for Archeology and

Historic Preservation (48 FR 44716; 1983 and successors);
2. Standards and Guidelines for Archeological Investigations in Maryland
(Shaffer and Cole 1994);
3. Collections and Conservation Standards, Technical Update No. 1 of the
Standards and Guidelines for Archeological Investigations in Maryland
(Maryland Historical Trust 2005);
4. Standards and Guidelines for Architectural and Historical Investigations in
Maryland (Maryland Historical Trust 2000);
5. General Guidelines for Compliance-Generated Determinations of Eligibility
and Standards and Guidelines for Architectural and Historical Investigations
in Maryland (Maryland Historical Trust, 2002);
6. Advisory Council on Historic PreservationSection 106 Archeology
Guidance (ACHP 2007);
7. Recommended Approach for Consultation on Recovery of Significant
Information for Archeological Sites, ACHP 2007 (64 FR 27085-27087);
8. Advisory Council on Historic Preservation Policy Statement Regarding
Treatment of Burial Sites, Human Remains and Funerary Objects, ACHP
2007; and
9. Secretary of the Interiors Standards for the Treatment of Historic Properties
(36 CFR 68).
C. Curation
All materials and records resulting from archeological investigations conducted
for the Undertaking will be curated in accordance with 36 CFR 79 at the
Maryland Archeological Conservation Laboratory (MAC Lab), unless clear title,
Deed of Gift, or Federal curation agreement for the collection cannot be obtained.
MTA shall consult with the MD SHPO regarding the appropriate disposition of
any materials or records not proposed for curation at the MAC Lab.
IV. ARCHEOLOGICAL STIPULATIONS
A. Archeological sites 18AN29B, 18AN1478, and 18AN1482 have been
identified with good stratigraphic integrity and research potential, and are
located in areas designated for right-of-way acquisition and construction; FRA
and MTA will ensure that Phase II investigations to determine eligibility for
listing on the NRHP of these sites will be conducted prior to 100% design. A
Phase II research design and work plan will be prepared in consultation with
MD SHPO and other consulting parties as appropriate. The Phase II research
design and work plan will be approved by MD SHPO prior to implementation.
B. At the completion of fieldwork, FRA and MTA will notify MD SHPO of the
preliminary findings and submit the draft Phase II technical report detailing
the eligibility recommendations for review and concurrence within 60 days.

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C. In the event that any archaeological site is determined NRHP-eligible and

cannot be avoided through project redesign, FRA and MTA will consult with
MD SHPO and other consulting parties to develop an appropriate
archeological treatment plan in accordance with Standards and Guidelines for
Archeological Investigations in Maryland (Shaffer and Cole 1994);
D. Archaeological site 18AN489 (the Higgins Site) is located within the APE;
however, the physical integrity of the archaeological deposits within the APE
is variable based on information obtained from the subsurface testing during
the Phase I survey. As the limits of disturbance (LOD) for the current BWI
Station design have been determined not to contain intact archeological
deposits, the site will not be adversely affected. However, FRA, MTA and
MAA will ensure that the following protective measure will be followed
before construction.
a. Coordination with construction personnel before and during
construction to assure archeological site protection.
b. Protective fencing of the areas outside of the station LOD during
construction. Protective fence will not include any excavation
within the archeological site limits and installation will limit any
ground disturbance. Simple orange snow fencing along the site
perimeter with hand driven stakes, or metal chain link fencing
supported by concrete block on the surface is recommended. The
fencing plan will be reviewed by archeological staff prior to
installation.
c. Onsite monitoring by a qualified archeologist during all
construction activities in the vicinity of the site.
d. Permanent retaining walls are designed and installed to prevent
future slumping of intact soil stratigraphy resulting from
excavation of the hillside during construction.
E. For archeological sites within the limits of disturbance or immediately adjacent
to the limits of disturbance based on the current design drawings (18AN1209 and
18AN1480), FRA and MTA will ensure that positive protective measures, such as
fencing, will be implemented.

VI.

UNANTICIPATED DISCOVERIES FOR ARCHEOLOGICAL

PROPERTIES INCLUDING HUMAN REMAINS
MTA, in coordination with FRA, along with the MD SHPO, shall implement the
Unanticipated Discoveries Plan for non-human archeological resources and
human remains, specified in Attachment E, including Archeological Resources
Protection Act, in the event that any unanticipated archeological resources and/or
human remains are encountered during construction of the Undertaking.
Archeologists executing work on sites with unanticipated discoveries will meet
the qualifications for Archeology as described in Stipulation III.A.

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FRA, MTA, and the MD SHPO acknowledge that extraordinary costs will be
incurred if construction were to be halted or delayed once underway.
Accordingly, the parties will implement the approved Unanticipated Discoveries
Plan expeditiously in circumstances requiring its use.
V.

BUILT HISTORIC PROPERTIES STIPULATIONS

FRA and MTA will ensure that recordation of Bridge No. 2075 (MIHP No. AA-2125)
will be prepared and submitted to MD SHPO for review. The recordation will be
provided to SHA for review and comments prior to submission to MD SHPO.
A. Recordation
FRA and MTA will complete and provide an updated Maryland Inventory of
Historic Properties form to the MD SHPO, including black and white photographs
sufficient to portray the bridges elevations, its architectural and engineering details
and its context in order to provide an accurate record of the bridge and its setting.
The recordation will be completed according to the photographic documentation
requirements outlined on pages 36-38 of the Standards and Guidelines for
Architectural and Historical Investigations in Maryland (Maryland Historical Trust
2000) or Appendix E Guidelines for Digital Images in the Trusts Guidelines and
Resources for Compliance-Generated Determinations of Eligibility (Maryland
Historical Trust 2009).
B. Drawings
FRA and MHT shall coordinate with the SHA architectural history staff to identify
and obtain copies of plans or documentation related to Bridge No. 0207500, including
available original plans and drawings.
C. Review
FRA and MTA will submit the required documentation to the MD SHPO for review
and acceptance prior to any demolition work. The review process will follow the
steps described in Stipulation IX.
VII.

DESIGN DEVELOPMENT, ALIGNMENT MODIFICATIONS AND

ANCILLARY ACTIVITIES
The Undertaking may result in unforeseen effects on other historic properties and
archeological sites due to changes made during design development, alignment
modifications, or as a result of associated ancillary activities including, but not
limited to, construction staging areas, stormwater management facilities, wetland
mitigation areas, reforestation areas, environmental stewardship activities, or
other actions. Should such activities be added for which cultural resources studies
or assessments have not been completed, MTA shall consult with the MD SHPO

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and other consulting parties that have an interest in the affected properties, and
implement all required cultural resources studies in accordance with the
applicable professional standards in Stipulation III and with the following
procedures:
A. Identification
MTA shall review any additions or changes to the Undertaking and implement
identification investigations as necessary to identify any historic properties that
may be impacted by the additions or changes to the Undertaking. MTA shall
provide all completed information to the MD SHPO, FRA, and other consulting
parties that have an interest in the affected properties under this MOA for review
and comment. If the MD SHPO does not provide written comments within 30
calendar days of receipt, MTA may assume MD SHPO acceptance of the results.
B. Evaluation
MTA shall evaluate all cultural resources identified in the areas inventoried under
Stipulation VII.A in accordance with 36 CFR 800.4(c) to determine their
eligibility for the National Register. MTA shall provide the results of any such
evaluation efforts to the MD SHPO, FRA, and other consulting parties that have
an interest in the affected properties, for review and comment. If the MD SHPO
does not provide written comments within 30 calendar days of receipt, MTA may
assume MD SHPO acceptance of the results.
C. Treatment
Should any property eligible for inclusion in the National Register be identified
under Stipulation VII.A, MTA shall make a reasonable and good faith effort to
avoid adversely impacting the resources by realigning or modifying the
Undertaking. If adverse effects are unavoidable, MTA, FRA, the MD SHPO, and
other consulting parties that have an interest in the affected properties shall
consult in accordance with 36 CFR 800.6 to develop and implement appropriate
treatment options. MTA shall perform cultural resources work in accordance with
the relevant professional standards in Stipulation III.
VIII. TREATMENT OF NATIVE AMERICAN RESOURCES
A. If Properties of Traditional Religious and Cultural Importance to Native American
Tribes are identified through consultation, then FRA and MTA will work with the
Tribes, and as appropriate, the MD SHPO, to determine the NRHP eligibility of
the resource(s) as Traditional Cultural Properties.
B. If human remains are encountered, either during Phase II or subsequent data
recovery investigations or during any construction or ground-disturbing activities,

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FRA and MTA will comply with all applicable state regulations regarding the
treatment of human remains and provisions outlined in accordance with existing
Native American Graves Protection and Repatriation Act (NAGPRA) regulations,
43 CFR Part 10, for Native American remains. Any decisions regarding the
treatment of human remains will be made in consultation with MD SHPO and the
full list of tribal groups originally contacted regarding the project (Attachment
C). In addition, FRA and MTA will also contact the state recognized Piscataway
Conoy Tribe of Maryland and the Piscataway Indian Nation, Inc.
C. If items of religious and cultural importance to Native American groups are
encountered or collected, FRA and MTA will implement appropriate procedures
in accordance with existing NAGPRA regulations, 43 CFR Part 10. Any
decisions regarding the treatment of items of religious and cultural importance will
be made in consultation with the affected Tribes.
IX.

DOCUMENT AND DESIGN REVIEW

During the implementation of this MOA, MTA, in coordination with FRA, shall
provide the MD SHPO, and the other consulting parties with the opportunity to
review and comment on appropriate documents, reports, and design plans as
specified in the stipulations throughout the MOA. In general, review periods will
encompass a timeframe not to exceed 30 calendar days from receipt of the item
for review, unless otherwise specified in the MOA.
A. The MD SHPO shall provide comments to MTA regarding any plan or
document submitted pursuant to this MOA, as promptly as possible, but
not to exceed 30 calendar days of the receipt of such revisions.
B. If the MD SHPO does not submit comments in writing within 30 calendar
days of the receipt of any such submissions, MTA may assume MD SHPO
acceptance of the submitted document.
C. If the MD SHPO or another consulting party objects within 30 calendar
days of the receipt of any submissions, then FRA, MTA, and the MD
SHPO shall consult expeditiously in an effort to resolve the objection.
D. If FRA and MTA cannot resolve MD SHPO, and/or the other consulting
parties objections, and if further consultation with the MD SHPO is
deemed unproductive by any party, then the parties shall adhere to the
dispute resolution procedures detailed under Stipulation XI.
E. FRA, MTA, and the MD SHPO acknowledge that the timeframes set forth
in this stipulation will be the maximum allowable under normal
circumstances. In exigent circumstances (such as when construction
activities have been suspended or delayed pending resolution of the
matter), each party agrees to expedite their respective document review
and dispute resolution obligations.

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X.

ONGOING COORDINATION AND OVERSIGHT

A. Ongoing coordination
MTA and the MD SHPO shall regularly consult to review implementation of the
terms of this MOA. MTA shall schedule coordination meetings and invite FRA, MD
SHPO, and the other consulting parties, as needed throughout the duration of the
MOA. At a minimum, MTA shall submit an annual report to signatories and other
consulting parties for the duration the MOA, as long as MTA is still actively
performing work under the MOA stipulations.
B. Monitoring
FRA and MD SHPO shall monitor activities carried out pursuant to this MOA. MTA
shall cooperate with the signatory parties in carrying out their monitoring efforts.

XI.

DISPUTE RESOLUTION
A. Objections by the Signatories

Should any of the signatories to this MOA object in writing to FRA within 30 days to any
plans or actions proposed pursuant to this MOA, FRA shall first consult with the
objecting party to resolve the objection. If FRA determines that such objection cannot be
resolved through such consultation, FRA shall within a 30-day time period:
1. Forward all documentation relevant to the objection, including FRAs
proposed resolution, to the ACHP. Prior to reaching a final decision on the
dispute, FRA shall prepare a written response that takes into account any
timely advice or comments regarding the dispute from the ACHP,
signatory parties, and other consulting parties, and provide them with a
copy of this written response. FRA shall then proceed according to its
final decision.
2. If the ACHP does not provide its advice regarding the objection within the
30-day time period, FRA may make a final decision on the dispute and
proceed accordingly. Prior to reaching such a final decision, FRA shall
prepare a written response that takes into account any timely comments
regarding the dispute from the signatories and concurring parties to the
MOA, and provide them and the ACHP with a copy of such written
response.
3. FRAs responsibility to carry out all other actions subject to the terms of
this MOA that are not the subject of the dispute remains unchanged.
B. Objections by Consulting Parties and the Public
At any time during the implementation of this MOA, should a consulting party or
member of the public raise an objection pertaining to this agreement or the effect of the
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Undertaking on historic properties, MTA shall consult with FRA, the objector, and the
signatory parties to this agreement, as needed. After considering these discussions, MTA
shall account for and resolve the objection in an appropriate manner.
XII.

OTHER
A. Contact Information

For purposes of notices and consulting pursuant to this MOA, the following contact
information should be used for the signatory agencies:
MTA
John Newton
Office of Planning
Maryland Transit Administration
6 St. Paul Street
Baltimore, MD 21202-1614
FRA
ADD CONTACT

MD SHPO
Elizabeth Hughes
Acting State Historic Preservation Officer
Maryland Historical Trust
100 Community Place
Crownsville, MD 21032-2023
SHA
Julie Schablitsky
Office of Planning and Preliminary Engineering
State Highway Administration
707 N. Calvert Street
Baltimore, MD 21202
B.

Emergency Situations

If an emergency situation that represents an immediate threat to public health, safety, life
or property creating the potential to affect a historic property should occur during the
duration of this MOA, the regulations set forth in 36 CFR 800.12 shall be followed. MTA
shall notify FRA and the MD SHPO of the condition that has created the situation and the
measures to be taken to respond to the emergency or hazardous condition. FRA and the
MD SHPO may submit comments to MTA within seven days of the notification. If MTA
determines that circumstances do not permit seven days for comment, MTA shall notify
FRA and the MD SHPO and invite any comments in the determined and stated time
available. MTA shall consider these comments in developing a response to the treatment
of historic properties in relation to the emergency.

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10

C. Anti-Deficiency Act Federal Parties

The obligations of Federal agencies under this MOA are pursuant to 31 USC 1341(a)(1);
therefore nothing in this MOA shall be construed as binding the United States to expend
in any one fiscal year any sum in excess of appropriations made by Congress for this
purpose, or to involve the United States in any contract or obligation for the further
expenditure of money in excess of such appropriations.
XIII. AMENDMENTS
Any signatory to this MOA may propose to FRA that the MOA be amended,
whereupon FRA shall consult with all signatories and consulting parties to
consider such an amendment. This MOA will be amended when agreed to in
writing by all signatories. FRA or its designee shall provide a copy of the
amended MOA to all consulting parties within thirty (30) days of execution by the
signatories.
XIV. TERMINATION
If any signatory to this MOA determines that its terms will not or cannot be
carried out, that party shall immediately consult with the other parties to attempt
to develop an amendment per Stipulation XIII. If within thirty (30) days (or
another time period agreed to by all signatories) an amendment cannot be
reached, any signatory may terminate the MOA upon written notification to the
other signatories. If the MOA is terminated, MTA and FRA must comply with
subpart B of 36 CFR 800 with regard to individual undertakings of the program
covered by the MOA, pursuant to 36 CFR 800.14(b)(2)(v), prior to work
continuing on the Undertaking. MTA and FRA shall notify the signatories as to
the course of action it will pursue.
XV.

DURATION
This MOA shall be null and void if its terms are not carried out within ten (10)
years from the date of execution, unless the signatory parties agree to amend it in
accordance with Stipulation XIII. If FRA and MTA have not fulfilled the terms of
the MOA prior to its expiration, the signatory parties shall consult to reconsider
the terms of the MOA and amend it according to Stipulation XIII or terminate it
in accordance with Stipulation XIV.

XVI. EFFECTIVE DATE OF AGREEMENT

The MOA shall become effective when executed by the last of the signatories.

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12

Execution of the MOA by the FRA, MD SHPO, MTA and SHA and implementation of
its terms evidence that FRA has afforded the signatories an opportunity to comment on
the Undertaking and its effects on historic properties, and that FRA has taken into
account the potential effects of the undertaking on historic properties.

SIGNATORIES:

FEDERAL RAILROAD ADMINISTRATION

By: __________________________________ Date: ______________

NAME
Maryland Division Administrator

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

By: _________________________________ Date: _______________

Robert L. Smith
Administrator
MARYLAND DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ADMINISTRATION

By: _________________________________ Date: _______________

Melinda B. Peters
Administrator

MARYLAND STATE HISTORIC PRESERVATION OFFICE

By: __________________________________ Date: ______________

Elizabeth Hughes
Acting Maryland State Historic Preservation Officer

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13

Attachment A
Area of Potential Effects (APE)
BWI Rail Station Improvements and Fourth Track Project

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A-1

Attachment B
NRHP-Eligible or Unevaluated Resources That Will Be or May Be Affected by the Undertaking
Site
Number

Site
Designation

Type

Time Period

Description

Results

Recommendations

18AN29B

Harmans B

Prehistoric/
Historic

Archaic/ Woodland; mid

to late 19th century

Campsite, Refuse
Concentration

Intact archeological deposits

in APE (east and west)

Unevaluated - Potential Adverse Effect

Phase II testing recommended to
determine NRHP eligibility of the
prehistoric component. The historic
component is not considered historically
significant.

18AN489

Higgins

Prehistoric

Paleo-Indian/
Archaic/Early Woodland

Campsite

Intact archeological deposits

outside of revised LOD

NRHP eligible No Adverse Effect

Consultation with MD SHPO on
protective measures included in MOA

18AN1478

Telegraph
Dorsey
Prehistoric
Site

18AN1482

OKeefe Site
East

Prehistoric

MIHP # AA2125

Bridge No.
2075020750
0

Built
Historic
Property

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Prehistoric

Indeterminate

Lithic scatter
including Quartz
Core and biface

Intact archeological deposits

in APE (east)

Unevaluated - Potential Adverse Effect

Phase II testing is recommended to
determine NRHP eligibility of the
prehistoric component. The historic
component is not considered historically
significant.

Indeterminate

Campsite with firecracked rock and

quartz debitage

Intact archeological deposits

in APE (east)

Unevaluated - Potential Adverse Effect

Phase II testing is recommended to
determine NRHP eligibility of the
prehistoric component.

1931

Single span, twolane metal girder

bridge

MD 174 (Reece Road)

bridge over Amtrak will be
demolished

NRHP-eligible Adverse Effect

Revised Maryland Inventory of Historic
Properties form to be prepared and
submitted to MD SHPO prior to
demolition

B-1

Attachment C
Interested Parties
Affiliation
Anne Arundel County, Cultural Resources
Division of Planning and Zoning
Department

Points of Contact
Jane C. Cox

Baltimore County Landmarks Preservation

Commission

Ms. Vicky Nevy

Maryland Commission on Indian Affairs

Keith Colston

The Delaware Nation

President C.J. Watkins
Mr. Jason Ross, Museum/Section 106
Assistant
, Ms. Nekola Alligood, Cultural
Preservation Director
Delaware Tribe of Indians

Chief Paula Pechonick

Dr. Brice Obermeyer, THPO
Ms. Blair Fink

Eastern Shawnee Tribe

Ms. Robin Dushane, Cultural Preservation

Director

Oneida Indian Nation*

Mr. Raymond Halbritter, Nation

Representative
Mr. Jesse Bergevin, Historic Resources
Specialist

Onondaga Nation

Mr. Tony Gonyea, Faithkeeper

Saint Regis Mohawk Tribe

Mr. Arnold Printup, Tribal Historic

Preservation Officer

Stockbridge Munsee Community of

Wisconsin

President Kimberly Vele

Tuscarora Nation

Bryan Printup, Chiefs Council

Maryland State Highway Administration*

*Consulting party

Dr. Julie Schablitsky

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Attachment D
UNANTICIPATED DISCOVERIES FOR ARCHAEOLOGICAL PROPERTIES
INCLUDING HUMAN REMAINS
For the purposes of this work plan, an unanticipated discovery is defined as a significant
archaeological resource that is encountered in a portion of the APE where it was not
anticipated. As such, the work plan will require modification to adequately and
appropriately identify, assess and if necessary, mitigate adverse impacts to the resource.
For example, prehistoric artifacts or human remains may be uncovered in an area where
historic industrial remains were anticipated. Also included in the category of
unanticipated discovery are any archaeological resources that may be encountered during
construction outside the APE. These resources are defined as artifact (historic or
prehistoric) deposits, cultural features or human remains.
An Unanticipated Discoveries plan has been developed in consultation with MD SHPO
MD SHPO that will be followed in the event that any archaeological resources and/or
human remains are encountered during construction of the Project. The stipulations of the
Unanticipated Discoveries plan as set forth below are in accordance with current
standards and guidelines elaborated in:
Section 106 of the National Historic Preservation Act (16 USC 470f);
Secretary of the Interior Standards for Archaeology and Historic Preservation (48
CFR 44716-42);
Standards and Guidelines for Archeological Investigations in Maryland (Shaffer and
Cole 1994);
Advisory Council on Historic Preservation Section 106 Archaeology Guidance
(ACHP 2007); and
Maryland Cemetery Law (Criminal Law Article, Title 10-401: Crimes Against Public
Health, Conduct and Sensibilities; Subtitle 4).
UNANTICIPATED ARCHAEOLOGICAL DISCOVERY PROTOCOL
The protocol to follow in the advent of an unanticipated discovery contains the following
steps:
The Contractor will immediately notify the Resident Engineer of an unanticipated
discovery.
The Resident Engineer will direct a Stop Work order to the Contractors Site Foreman
to flag or fence off the archaeological discovery location and direct the Contractor
to take measures to ensure site security. Any discovery made on a weekend will
be protected until all appropriate parties are notified of the discovery. The
Contractor will not restart work in the area of the find until the Resident Engineer
has granted clearance.

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D-1

The Resident Engineer will indicate the location and date of the discovery on the
project plans and will notify FRA, MTA and the Cultural Resources Manager
(CRM), who will undertake a site visit or otherwise coordinate an on-site
archaeological consultation.
FRA and MTA will immediately notify MD SHPO of the find.
FRA and MTA will direct the CRM to begin a more detailed assessment of the finds
significance and the potential project effects. An archaeological team will be
dispatched to the site to determine the nature and extent of the archaeological
deposits; they will be granted full access to the required site area and otherwise
facilitated by the Contractor to complete this investigation in the most expeditious
manner possible.
The CRM will notify FRA and MTA of their findings and recommendations, whether
the remains are assessed not to be significant and request approval for
construction to proceed, or describe a proposed scope of work for evaluating the
significance of the find and evaluating project effects.
FRA and MTA will convey this information to MD SHPO; at the discretion of FRA
and MTA and MD SHPO a meeting may be held to discuss options and
recommendations.
If the resource is determined to be a significant archaeological property and it is
threatened by further project development, the CRM in consultation with MD
SHPO (and other appropriate parties) will develop a site mitigation plan.
Upon direction by FRA and MTA, the CRM will then implement the archaeological
mitigation plan.
A meeting or site visit will be held with FRA and MTA, MD SHPO and other
appropriate parties once the field investigation for site mitigation has been
completed to review the work accomplished.
MD SHPO will notify FRA and MTA that the terms of the fieldwork portion of the
mitigation plan have been satisfactorily completed and FRA and MTA will notify
the Contractor that it is a Cleared Site and excavation and/or construction may
resume.
Unanticipated Discovery of Human Remains Protocol
This protocol is specifically designed for circumstances where human remains are
encountered in the project APE.
The Contractor will immediately notify the Resident Engineer of a discovery.
The Resident Engineer will direct a Stop Work order to the Contractors Site Foreman
to flag or fence off the archaeological discovery location and direct the Contractor
to take measures to ensure site security. Any discovery made on a weekend will
be protected until all appropriate parties are notified of the discovery. The
Contractor will not restart work in the area of the find until the Resident Engineer
has granted clearance.

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The Resident Engineer will indicate the location and date of the discovery on the
project plans and will notify FRA and MTA.
FRA and MTA will immediately notify MD SHPO and the County States Attorney of
the find as well as the CRM. Should it be determined necessary, local law
enforcement, the Medical Examiner and a representative of the Coroners office
will visit and inspect the site to determine whether the site constitutes a crime
scene.
If it is declared a criminal matter, the CRM will have no further involvement and the
decision to declare it a Cleared Site for construction will made be made by the
appropriate legal authorities.
Any decisions regarding the treatment of human remains will be made in consultation
with MD SHPO and the full list of tribal groups originally contacted regarding the
project (Attachment C). In addition, FRA and MTA will also contact the state
recognized Piscataway Conoy Tribe of Maryland and the Piscataway Indian
Nation, Inc.
If the find is determined not to be a criminal matter, the disinterment/reinterment plan
will be developed for the Project will be employed and modified as appropriate
for the find(s). MD SHPO and other relevant agencies will review and approve
the modified plan prior to implementation. Specific elements of the
disinterment/reinterment plan to be applied in the case of the unanticipated
discovery of human remains include:
1. CRM develop disinterment/reinterment plan
2. CRM present plan to FRA and MTA for review and consultation
3. FRA and MTA notify MD SHPO and other involved agencies
4. Consultation with next of kin or descendant community
5. Undertake fieldwork
6. Approval to resume construction following completion of the fieldwork
component of the mitigation plan.
7. Complete appropriate regulatory and legal documentation of studies

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Attachment E
BWI Rail Station Improvements and Fourth Track Project
Glossary and Definitions
Acronyms and Abbreviations
ACHP
APE
CFR
FRA
HAER
MD SHPO
MOA
MTA
NHL
NRHP

Advisory Council on Historic Preservation

Area of Potential Effects
Code of Federal Regulations
Federal Railroad Administration
Historic American Engineering Record
Maryland State Historic Preservation Office
Memorandum of Agreement
Maryland Transit Administration
National Historic Landmark
National Register of Historic Places

Glossary
Area of Potential Effects the geographic area or areas within which an undertaking
may directly or indirectly cause alterations in the character or use of historic properties, if
any such properties exist. The area of potential effect is influenced by the scale and
nature of an undertaking and may be different for different kinds of effects caused by the
undertakings. 36 CFR 800.16 (d)
Consulting Parties are participants in the Section 106 process and in addition to the
Federal agency and the ACHP, include the State Historic Preservation Office (MD
SHPO), Indian Tribes and Native Hawaiian organizations, local government
representatives, and the public. 36 CFR 800.2
Historic Property any prehistoric or historic district, site, building, structure, or object
included in, or eligible for inclusion in, the NRHP maintained by the Secretary of the
Interior. This term includes artifacts, records, and remains that are related to and located
within such properties. The term includes properties of traditional religious and cultural
importance to an Indian Tribe or Native Hawaiian organization and that meet the NRHP
criteria. The term eligible for inclusion in the NRHP includes both properties formally
determined as such in accordance with regulations of the Secretary of the Interior and all
other properties that meet the NRHP criteria. 36 CFR 800.16(l)
Memorandum of Agreement- the document that records the terms and conditions agreed
upon to resolve the adverse effects of an undertaking upon historic properties. 36 CFR
800.16(o)

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Signatories the signatories to a MOA have the sole authority to execute, amend or
terminate the MOA and assume legal responsibilities for implementation of the MOA
conditions. 36 CFR 800.6(c)(1)
Undertaking a project, activity, or program funded in whole or in part under the direct
or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of
a Federal agency; those carried out with Federal financial assistance; those requiring a
Federal permit, license or approval; and those subject to State or local regulation
administered pursuant to a delegation or approval by a Federal agency. 36 CFR
800.16(y)

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