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
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