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Please feel free to eat and get comfortable during

the Lunch and Learn

Floodplains by Design

Lunch & Learn

Cultural Resource Review under Governor’s Executive 21-02

July 6th, 2023

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Hearing from You and Group Tips and Tricks

If you have comments, questions, or even just frustrations with the permitting process you’d like to share, please submit them here and the backbone team will integrate them into our efforts to help bring more ease into permitting processes.

See slide 34 to comment or to provide any Tips and Tricks you may have!

On that note, we know the permit process, and then balancing that permitting process with grant and funding cycles, fish windows, flood season river changes, supply chain issues, collaborative partner needs, etc - can be really complex and stressful. We also know there is so much wisdom in this room in how to navigate complexity. To that end we have created a form you can fill out to provide the backbone team more information on what you are experiencing, where you need support, or ideas you have for ways to move the work forward with more ease. The FbD backbone team will consider this information as we craft FbD opportunities moving forward. We also have provided slides on a few issues we know people are grappling with. Please feel free to share your tips and tricks for navigating these in slides 17-21!

Loree, Erin and Joshua are our guests today - please be thoughtful as you use the chat and engage in conversation.

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Agenda:

12:00 - 12:05 - Welcome and Introductions

12:05 - 12:35 - Rob Whitlam and Maddie Levesque, Department of Archaeology and Historic Preservation

12:35 - 12:55 - Discussion

12:55-1:00 - Closure and next steps

1:00 - 1:30 Informal post Lunch and Learn chat

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Today’s Speakers:

Rob Whitlam - State Archaeologist, Fieldwork in the Pacific NW, Midwest, SouthEast and Canada Section 106 and EXO 21-02 reviews, Hanford, Oil Spill Response et al.

Maddie Levesque (they/them) - Architectural Historian, Compliance Reviewer for Section 106, GEO 21-02, and SEPA. Specialized in preservation of LGBTQ heritage sites and cultural landscapes.

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Dept. of Army PERMITTING CONSIDERATIONS

Department of the Army Permitting Process Considerations
Required Coordination and Approval	Less Complex	Moderately Complex	Complex	Agency
Section 401 Water Quality Certification/ CZMA	Meets general certification for Nationwide Permit	Meets NWP but needs Individual 401 (120 days for non-CZM counties and 180 days for CZM counties)	USACE Standard Individual Permit and Individual 401 (Public Notice and 1 year from valid WQC request)	Ecology
Section 7 Endangered Species Act (ESA)	No ESA species present	FPRP or Limit 8	Requires individual ESA consultation (6-months to 1-year+)	NMFS and USFWS
Federal review: Section 106 National Historic Preservation Act (NHPA) NOTE:State review: EO 21-02 - not Corps Process	No native ground disturbed - no potential to effect Cultural Resources/ Historic Properties	No effect to historic properties (30–45-day consultation with DAHP/Tribes)	Affect historic properties - requires MOA, MOU (1-year+)	DAHP & Tribes
Tribal Coordination/ Consultation	No tribal concerns	Minor design comments/minor cultural resource issues	Substantive cultural resource impacts or tribal concerns	Tribes
Section 408	No federally authorized projects in project area	No effect	408 - affects fed project	USACE Nav/Levee/ Real Estate Teams

Pre-Application Meeting

We want to point out to those of you who have joined us for the first two installments of our permitting effincies webinars that our cultural resources review topic deviates away slightly from following a strictly federal process. When projects have ground disturbing elements or have acquisition elements for the purpose of future construction, it's important to determine if the projects have a federal nexus to them to determine if cultural review under Section 106 of the National Historic Preservation Act needs to be completed. A federal nexus is established when a project receives federal funding or has a federal action (like issuing a permit) attached to it. When projects don't have a federal nexus but are funded by the state capital construction budget and have a ground disturbing or acquisition element to them, the projects need to be reviewed by the lead state agency under Governor's Executive Order 21-02. Since 21-02 review is not always a process that floodplain managers have experienced before, we thought it was most beneficial to ask Rob and Maddie to provide an overview of how the GEO 21-02 review process works. Without further ado, let's turn it over to Rob and Maddie for their presentation.

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Governor’s Executive Order (GEO) 21-02

Floodplains by Design

Lunch & Learn

July 6, 2023

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What is GEO 21-02?

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What is GEO 21-02?

Formerly GEO 05-05
Requires ALL agencies using state funds to consider how proposed projects may impact significant cultural resources
The process includes consultation with BOTH tribal governments and DAHP

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Why?

- To ensure we are proactive in protecting our rich history

- To use taxpayer money wisely by avoiding unnecessary damage and loss of significant sites, structures, and buildings

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Projects that fall under 21-02:

STATE FUNDED…

new construction
demolition
ground disturbance
rehabilitation/renovation
acquisition

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The 21-02 Consultation Process

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Questions DAHP Considers for Review

Are there any cultural resources -archaeological sites, historic bldgs, traditional cultural places- in the project area?

Are there buildings eligible for listing in the National Register of Historic Places?

Will there be an adverse impact on the eligible resource?

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So, What Information Does DAHP Need From You To Answer These Questions?

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For Agency w/ No Cultural Resource Staff…

If there is no ground disturbance in a project involving a building, fill out an EZ2 on WISAARD for each building involved in the project
If there is ground disturbance or land acquisition, fill out an EZ/Project Review Form

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EZ2 on WISAARD

=Determination of Eligibility for a Building for buildings 45+ years old

Requires info on the building, not on the project
If determined not eligible, consultation with DAHP is complete!

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EZ/Project Review Form

Requires DETAILED info on what will happen to any potential resources during the project

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EZ/Project Review Form

Required:

Form filled out in its entirety (no blanks!)
Map of project location
DETAILED description of the extent and limits of ground disturbance (pg 2)
Current photographs of the subject properties

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Map Example

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For Agency w/WISAARD Access…

The cultural resource professional/ agency must create a project in WISAARD
There they will submit:

Reports
Historic Property Inventories (HPIs)
Archaeology Site Form
Traditional Cultural Place template

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Once the Project is in WISAARD…

The State Agency submits a letter or memo via email (2102@dahp.wa.gov) requesting a determination from DAHP on the project
DAHP is all digital, no paper exchange

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How Long Will A Review Take?

If you do not hear from us close to the deadline, touch base with us

90% under 5 days
99% under 30 days

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Possible Responses from DAHP

“No Cultural Resources Impacted”

We believe there are no cultural resources in the project area that will be affected
NO FURTHER CONSULTATION REQUIRED

“Not Eligible”

Resource 45 years or older in the project area is not eligible for the National Register of Historic Places
NO FURTHER CONSULTATION REQUIRED

“More Information Needed/Survey Requested”

We do not have enough information to make a determination at this time

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Possible Responses Cont.

“Adverse Impact”

The project WILL impact eligible resources involved
You must now work with DAHP and the consulted tribes to avoid, minimize, or mitigate this impact

“No Adverse Impact”

The project will not impact an eligible resource involved
NO FURTHER CONSULTATION REQUIRED

“Eligible”

Archaeological sites, cultural places, or bldg 45 years or older in the project area is eligible for the National Register of Historic Places
Assessment of impact is required

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“No further consultation required” UNLESS…

there is a change in scope for the project
there is an inadvertent discovery

Then, you must reinitiate consultation with DAHP/Tribes

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What to expect from mitigation with DAHP and Tribes

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“avoid/�minimize”

Altering the project plans so the impact on the eligible resource is removed completely or minimized

“mitigate”

Moving forward with the project under agreed upon conditions to reduce the impact on the loss of an important historic resource (Memorandum of Understanding)

Mitigation

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3 Main Categories of Mitigation

Documentation/Data Recovery
Education/Public Outreach
Building Salvage/ Deconstruction

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Tribal Consultation

DAHP cannot contact Tribes on your behalf
Contact GOIA or your Agency Tribal Liaison if you do not know what tribes require consultation �on your project
Evidence of Tribal Consultation is key and needed

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When a Project is Underway…

Projects underway must be halted at the discovery of archaeological resources or human remains and the appropriate authorities notified immediately
Focus is upon planning for capital projects

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Example Consultation

Project entails demolition of several farm buildings to restore the natural landscape

The farm buildings were part of the growing dairy farming industry of the town, making them historically significant
There is also a known archaeological site and traditional cultural place present within the project boundaries

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THANKS!

Any questions?

Rob Whitlam – State Archaeologist, rob.whitlam@dahp.wa.gov

Maddie Levesque – Built Environment Compliance Reviewer, maddie.levesque@dahp.wa.gov

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Thoughts?

Please share your comments, questions or concerns here. If you’d like to be included in follow-up, please leave your name and contact information.

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Upcoming Lunch and Learns

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