From Projectile Points to Pump Stations

Take that, Belloq! Oh wait… I

don’t have my permit yet…

Which agency is reviewing this?

Anyone? I’ll wing it...

Presented at the

2015 Texas Water Conservation

Association Annual Convention

by: Mason D. Miller, M.A.

AmaTerra Environmental, Inc.

Austin, TX - Las Cruces, NM

Managing Cultural Resources in Water Infrastructure through the

Framework of the TRWD/DWU IPL Project

What is the IPL Project?● Water pipeline sponsored by the

Tarrant Regional Water District

(TRWD) and the Dallas Water Utilities

(DWU)

● Will eventually bring water from Lake

Palestine in Anderson County, Cedar

Creek Lake in Henderson County,

and Richland-Chambers Reservoir in

Navarro County to the Dallas-Fort

Worth Metroplex.

● Segments 9-17 are permitted.

○ 93 miles of pipeline (108-inch)

○ Various pump stations, booster

pump stations, and balancing

reservoirs

○ 2,716 acres of project footprint

● AmaTerra provided cultural resource

survey and coordination for the

project.

Archeology

Prehistoric Stone Axe Blade

Paleoindian Site at Zilker

Park, Austin

World War I Cargo Vessel

Wreck

Texas Governor’s Mansion,

Austin

Trinity Parkway Bridge,

Dallas

Spirit Mountain, Nevada:

Center of Creation for Yuman

Cultures

History

Traditional Cultural

Property

What are “Cultural

Resources”?

What Cultural Resource Laws Apply?

Federal Level● Section 106 of the

National Historic

Preservation Act of 1966

● National Environmental

Policy Act (NEPA)

● Others…○ Native American Graves

Protection and Repatriation

Act (NAGPRA)

○ Archaeological Resource

Protection Act (ARPA)

Section 106 of the National Historic Preservation Act

Funding

Permitting

● Bureau of Reclamation grant for water

infrastructure improvements.

● Bank stabilization grant issued through the

US Fish and Wildlife Service

Direct Action● Construction of new runway at Randolph Air

Force Base

● Construction of a reservoir facility on BLM-

managed land.

● 404 Permit for pipeline issued through the US

Army Corps of Engineers

● Endangered Species Incidental Take Permit

issued through US Fish and Wildlife Service

● Decision document issued through NEPA

Federal Agency

“If I do this, what is this going to do to

significant resources?” - Federal Agency

Through Section 106, agencies ONLY account for

impacts to significant resources.● Significant = “Historic Property” = Resources

considered eligible for listing on the National Register

of Historic Places.

● Determine significance through consultation with

local parties

○ State Historic Preservation Offices

○ Tribal Historic Preservation Officers

Effects from Federal Actions/Undertakings

Direct Effects

Indirect Effects

● Impacts to resources directly caused by the federal action.

● Generally the construction footprint extending to the

maximum depth of impact.

● Impacts to resources over time or distance

that are indirectly caused by the action.

● Impacts to resources’ integrity and setting or

feeling.

Water Pipeline in Ector, TX

Governor’s Mansion, Colonial Williamsburg,

Virginia

WATER OF THE US

USACE JURISDICTION

A Word about Sections 404, 9 and 10 Permitting

With Nationwide Permits, it’s up

to you to inform the Corps of

impacts to significant resources.

Fines and penalties follow if you

don’t.

Antiquities Code of Texas

● Focused on Direct Impacts Only on

Lands/Easements Owned by a Political

Subdivision of the State of Texas

(including submerged lands)

● Permit Required to Conduct Survey

● Can and often does overlap with Section

106 review process

Texas Water Development BoardTexas Administrative Code Section 26.26

“...TWDB will ensure that applicants for financial

assistance provide the TWDB with documentation of

appropriate coordination with the THC … for review of

potential impacts to cultural resources on lands belonging to

or controlled by any...political subdivision of the State of

Texas that may be impacted by proposed development

projects funded in whole or in part by TWDB.”

Section 106 and Antiquities Code

Reviews are Processes Only...When the process is initiated, there is no guarantee of:

1. Outcome

2. Timeline

3. Cost

There’s only the guarantee that you have to do it.

Coordination Only (30

Days, Typically)

Limited Field Investigations

(3-6+ months)

Something More

Extensive (6+ months)

Mitigation Excavations

at Site in Bexar County,

Texas

Shovel test recording on

IPL pipeline survey.

Antiquities Permit!!!

IPL Cultural Resource Field Survey

WPA plaque on a

concrete culvert in

Tarrant County, Texas.

The historic-age Mankin

Cemetery, the last remnant of the

small Henderson County, Texas

community.

Corrugated metal pole barn in Navarro County

photographed in a manner typical of historic survey.

Backhoe trenching along the banks of

the Trinity River in Henderson County,

Texas.

Examining the

Trinity River

cutbank.

Surface inspection on

transect in Ellis County,

Texas.

Recording pole barn in

southern Tarrant County,

Texas.

Strong preference for avoidance and survey results

factored into route selection.

What worked well on IPL?

“...No Adverse Effects to

Historic Properties…”

“...No Adverse Effects to

Historic Properties…”

Suggestions for water utilities...

● Don’t just think about permanent

rights-of-way.

o Permanent and Temporary

easements must be evaluated.

● Pipeline replacement may be

considered unlikely to cause effect.

o Keep construction trenches as

small as possible.

● Avoid impacts to significant

resources in three dimensions

(where possible).

Suggestions for navigation

districts...

● Both Section 106 and ACT

compliance doesn’t stop at

the water’s edge.

o Be aware of the

potential for

shipwrecks and ferry

landings.

● Coordinate with the State

Marine Archaeologist,

Amy Borgens, early

Suggestions for flood control

districts...● Repairs to existing facilities may require

Section 106 evaluation if there’s federal

involvement.

● Follow National Parks Service guidelines

for tree plantings in archaeologically

sensitive areas.

● Sediment dredging in existing detention

ponds/basins

o Could be ACT trigger

o Focus coordination on lack of

potential for impacts (only excavate

to just above the known maximum

depth of in-fill).

● Property buyouts could require Section

106 coordination if there are federal funds.

… and now he’s in a bit of trouble.

So, when Indiana decided to do this...

… he didn’t go through the process ...Don’t let this happen to

your project!

Thank You!

Contact me, Mason Miller, at

mmiller (at) amaterra.com

or 512-329-0031

This will also be available online. Scan the

QR Code above or copy down the URL.

Thank You!

http://goo.gl/MmzYuI