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STATE OF NEBRASKA

U.S. Department of Transportation
Federal Highway Administration
Region 8
Wyoming Division
1916 Evans Avenue
Cheyenne, WY 82001-3764
October 12, 1995

File: 405.1

Mr. John Keck
Wyoming State Historic Preservation Officer
Barrett Building
Cheyenne, Wyoming 82001

Subject: Memorandum of Understanding-Irrigation Ditches

Dear Mr. Keck:

Enclosed is the signed Memorandum of Understanding between the Wyoming Department of Transportation, the Federal Highway Administration, and the Wyoming State Historic Preservation Office Regarding the Evaluation of Irrigation Ditches.

If you have any questions, please call Rod Vaughn at 772-2012, ext. 48.

Sincerely yours,

Rodney D. Vaughn, P.E.
Operations/Environmental Engineer

Enclosure

cc:
T. Stark, P.E., Environmental Services, w/enclosure

MEMORANDUM OF UNDERSTANDING
BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION, THE WYOMING DEPARTMENT OF TRANSPORTATION AND THE WYOMING STATE HISTORIC PRESERVATION
OFFICE REGARDING THE EVALUATION or IRRIGATION DITCHES
FOR FEDERAL AID HIGHWAY PROJECTS IN WYOMING

WHEREAS the Federal Highway Administration (FHWA), the Wyoming Department of Transportation (WYDOT), and the Wyoming State Historic Preservation Office (SHPO) have determined that routine road construction activities including repair and replacement of structures spanning functioning irrigation canals is a normal and regular part of highway construction and maintenance; and

WHEREAS the physical aspects of these canals have been previously compromised by past road and bridge construction such that they no longer retain historic integrity in the area of potential effect; and

WHEREAS routine road construction activities do not result in any change in function of use of these canals;

NOW, THEREFORE, the FHWA, the WYDOT, and the SHPO agree that irrigation canals will not require identification and evaluation for routine road construction.

STIPULATIONS

1. Canal features will be addressed in accordance with the attached addendum.

2. Any party to the agreement may request that it be amended, whereupon the parties will consult to consider such amendment.

3. Any party to this agreement may terminate it by providing thirty (30) days notice to the other parties, provided that the parties will Consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination.

Division Administrator
Federal Highway Administration
Date: 10/10/95
Environmental Services Engineer,
Wyoming Department of Transportation
Date: 10/10/95
Wyoming State Historic Preservation OfficerDate: 10/9/95

ADDENDUM

1. Irrigation ditches within the area of potential effect will be mentioned in the Section 106 project report.

2. Irrigation related architectural or engineering features over 50 years old will be identified and evaluated if they are located in the area of potential effect.

3. Non-functioning irrigation canals over 50 years old will be identified and evaluated.

4. Any irrigation canals or related features located during the Class III inventory for gravel pits or other ancillary facilities will be evaluated as per normal procedures.


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