January 10, 1986

Programmatic Memorandum of Agreement
Historic Bridges

 

 

Dr. Robert Bush
Archives, Museums & Historical Department
Barrett Building
Cheyenne, Wyoming 82002

Dear Dr. Bush:

We are enclosing a signed copy of the Programmatic Memorandum of Agreement for Historic Bridges in the State of Wyoming. All parties have agreed to the terms of the document. We appreciate your efforts and assistance in adopting this standard procedure for handling of the historic bridges involved with highway construction projects. If you have any questions or comments concerning the agreement or of the implementation of the terms, please feel free to call us.

Sincerely yours,

FREDERICK L. COONEY, P.E.
Division Administrator

Enclosure
DFBERWICK/vw

PROGRAMMATIC MEMORANDUM OF AGREEMENT
BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION, THE WYOMING
HIGHWAY DEPARTMENT, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION,
AND THE WYOMING STATE HISTORIC PRESERVATION OFFICER REGARDING
MANAGEMENT OF HISTORIC BRIDGES IN WYOMING WHICH MUST
BE REPLACED OR REHABILITATED

WHEREAS, the Federal Highway Administration (FHWA) has determined that assisting the State of Wyoming with replacement or rehabilitation of historic bridges will have an adverse effect upon properties included in or eligible for inclusion in the National Register of Historic Places and has requested the comments of the Advisory Council on Historic Preservation (Council) pursuant to Section 106 of the National Historic Preservation Act (16 U.S.C. 470) and its implementing regulations, "Protection of Historic and Cultural Properties" (36 CFR Part 800); and,

WHEREAS, an inventory of historic bridges eligible for Federal-aid funds in the State of Wyoming will be maintained,

NOW, THEREFORE, the FHWA, the Wyoming Highway Department (WHD), the Wyoming SHPO, and the Council 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.

STIPULATIONS

FHWA will ensure that the following measures are carried out:

I. REVIEW OF BRIDGE INVENTORY

Beginning in 1985, and every five years thereafter, the inventory of bridges in the State of Wyoming will be reviewed to determine whether additional bridges should be added to the inventory of historic bridges in the State. This will be done in consultation with the Wyoming SHPO by determining whether each bridge forty-five years or older is eligible for inclusion in the National Register of Historic Places. When a bridge is determined to be eligible for inclusion in the Register, the Wyoming Highway Department will provide the Wyoming SHPO with an assessment of the structural adequacy of the bridge as well as a determination of the foreseeable need for replacement or rehabilitation of the bridge.

II. LIMITATIONS ON THE USE OF THIS PMOA

1. All parties to this Programmatic Memorandum of Agreement (PMOA) accept the "Section 106 Case Report" containing the initial inventory of historic truss bridges and the recommended bridge replacements contained therein.
2. Before any other historic bridge subsequently determined to be eligible for inclusion in the Register can be replaced or rehabilitated in accordance with the provisions of this PMOA, both the Wyoming SHPO and the Council must be notified through the NEPA process with specific reference to this PMOA and Section 106. The Council and the Wyoming SRO will have thirty (30) days after receipt of adequate documentation to comment on the Wyoming Highway Department's proposed replacement or rehabilitation of the bridge. The documentation forwarded will specifically address why the bridge: cannot be reused in-place for an alternative purpose (e.g., as a bike or hiking path); and, cannot be rehabilitated in accordance with the flexible requirements of 23 CFR Section 650.403(c) for continued use as either a one-way or two-way bridge. Notifications to the Wyoming SHPO and Council requesting comments on a proposed bridge replacement or rehabilitation shall specifically cite the need for review of the proposed replacement or rehabilitation as part of this PMOA, and they will inform the Council and Wyoming SHP) that they have thirty (30) days after receipt of the documentation to comment or request further documentation. If either party objects to a proposed bridge replacement or rehabilitation, stipulation II.D. of this PMOA shall apply.
3. The provisions of this PMOA are not applicable to the replacement or rehabilitation of any historic bridge where substantial opposition to the project on historic preservation grounds has been expressed to the WHD or FHWA in response to the undertaking by organization(s) or citizen(s) unless the Wyoming SHPO and the Council both have been informed of the content and nature of the opposition and have agreed in writing that the proposed bridge replacement project may proceed in accordance with this PMOA.
4. In cases where the provisions of this PMOA are not applicable, the Council's comments will be obtained through the steps detailed in its regulations, 36 CFR Part 800.

III. RECORDATION TO HISTORIC AMERICAN ENGINEERING RECORD STANDARDS

Each bridge determined to be eligible for inclusion in the Register will be recorded before relocation, dismantling, demolition, abandonment, or alteration of the historic structure begins. FHWA shall request the National Park Service (Historic American Engineering Record, Division of Cultural Resource Programs, National Park Service, Rocky Mountain Region, P. O. Box 25287, Denver, Colorado 80225) to determine what documentation shall be required for each bridge. FHWA shall ensure that unless otherwise agreed to by the National Park Service, all documentation is completed and accepted by HAER prior to the replacement or rehabilitation of each bridge. Copies of this documentation will be made available to the Wyoming SHPO.

IV. DETERMINATION OF FEASIBILITY OF RELOCATION

The Wyoming Highway Department will determine whether each historic bridge to be replaced in accordance with the terms of this PMOA can be relocated in whole or in parts (e.g., are there structurally independent trusses in the bridge). This determination will be made in consultation with the Wyoming SHPO and will eliminate from further planning consideration for relocation those historic bridges which because of their construction techniques cannot be relocated (e.g., reinforced poured-inplace concrete structures); or, are so badly deteriorated that they could not retain integrity if they were repaired and relocated.

V. MARKETING PROGRAM FOR HISTORIC BRIDGES

1. Governmental entities of the area will be notified of the availability of each historic bridge to determine whether they might have a use for it in its current or another location. Counties, cities and towns, parks and recreation districts, etc., will receive this notice. First priority for reuse of each bridge shall go to governmental entities. If no governmental entity wants the bridge for reuse, then the advertising program detailed in Sections V.B. and V.C. of this PM0A shall be implemented. Any governmental entity which seeks a bridge for reuse must meet all of the requirements imposed on any recipient by Section V. of this PMOA.
2. The availability for relocation of each historic bridge will be prominently advertised in the area's newspapers and other appropriate publications (e.g., planning, engineering, or governmental organizations' journals; newsletters of Wyoming organizations; etc.). The advertisement, the length of run of the advertisement(s), and the list of publications in which it will run will be developed in consultation with the Wyoming SHPO.
3. Press releases will be sent to the area's radio and television stations. These releases and the list of stations to be contacted will be developed in consultation with the Wyoming SHPO.
4. Advertisements and press releases minimally will include information about: the availability of the bridge--either in whole or part; who to contact for further information; the requirement that any recipient of the bridge or a portion of the bridge will be required to maintain it; the assistance available for relocation of the bridge; conditions to be placed on the transfer; and, the basic dimensions of the structure and its components.
5. Any potential recipient will be required to present a written "relocation program" detailing the proposed use, new location and continued maintenance of the bridge. The requirements for this relocation program shall be developed in consultation with the Wyoming SHPO.
6. The Wyoming SHPO will be consulted to develop a system for ranking the proposed relocation programs presented by applicants for the bridge. At minimum this ranking system will take into account these factors: integrity of the structure after relocation, the continued life and maintenance of the bridge, public access to the bridge at the proposed new site.
7. Each bridge recipient will receive the bridge conditioned upon relocation in accordance with the proposed relocation program. The conditions of transfer will be developed in consultation with the Wyoming SHP() for each structure involved.
8. FHWA will provide the Council with copies of the marketing materials developed in consultation with the Wyoming SHPO. These materials are described in Sections V.B, C, E, F, and G.

VI. NO RECIPIENT IDENTIFICATION

If no recipient is identified after a good faith effort has been made to implement the terms of stipulation V. of this PMOA, then the bridge may be disposed of as follows:

1. It may be transferred without condition to a recipient who plans to reuse it.
   
   OR
2. It may be demolished with the concurrence of the Wyoming SHPO. The Council and the Keeper of the National Register of Historic Places will be notified that the structure has been demolished in accordance with the terms of this PM0A.

VII. DISPUTE RESOLUTION

If a dispute arises regarding implementation of this PM0A, the FHWA will consult with the objecting party to resolve the dispute. If any consulting party determines that the dispute cannot be resolved, FHWA shall request the further comments of the Council pursuant to 36 CFR 800.6(b).

VIII. SUSPENSION OF THE PMOA

Any party to this PMOA may suspend it by written notice to the other consulting parties. If this happens, the parties will consult further to try to resolve the issues and reimplement this PMOA or an amended PMOA.

IX. AMENDMENT OF THE PMOA

If any of the signatories to this PMOA determines that the terms of the PMOA cannot be met or believes that a change is necessary the signatory will immediately request the consulting parties to consider an amendment or addendum to the PM0A. Such an amendment or addendum will be executed in the same manner as the original PM0A.

Execution of this PMOA evidences that FHWA has afforded the Council a reasonable opportunity to comment on its assistance to the bridge replacement or rehabilitation program in Wyoming and its effects on historic properties and that FHWA has taken into account the effects of its program on historic properties.

MEMORANDUM OF AGREEMENT
Wyoming Historic Bridge Preservation Plan

WHEREAS, the Federal Highway Administration and the Wyoming State Highway Department will replace bridges on State Highways listed in Exhibit A; and

WHEREAS, the Federal Highway Administration and the Wyoming State Highway Department will assist Wyoming counties of Albany, Big Horn, Carbon, Crook, Fremont, Hot Springs, Johnson, Natrona, Niobrara, Platte, Sheridan, Sublette, Sweetwater and Uinta in replacing bridges on county roads listed in Exhibit A; and

WHEREAS, the Federal Highway Administration, the Wyoming State Highway Department, and the Wyoming State Historic Preservation Officer determined that replacing the bridges will have an adverse effect upon properties eligible for inclusion in the National Register of Historic Places and the Federal Highway Administration has requested the comments of the Advisory Council on Historic Preservation pursuant to Sec. 106 of the National Historic Preservation Act (16 U.S.C. 470) and its implementing regulations, "Protection of Historic and Cultural Properties" (36 CFR part 800); and

WHEREAS, the Federal Highway Administration, the Wyoming State Highway Department, the Wyoming State Historic Preservation Officer, and the Advisory Council on Historic Preservation agree that in order to take into account the affect of the undertaking on historic properties, the undertaking shall be implemented in accordance with the following stipulations:

1. Prior to removal, each bridge will be documented by fully perspective corrected photography showing the overall views and views of significant details following the photographic guidelines laid out in Recording Historic Buildings by Harley J. McKee and the photographic specifications issued by the National Architectural and Engineering Record.
2. Additional documentation as set forth in Exhibit B will be performed.
3. Copies of the prescribed documentation will be deposited with the State Historic Preservation Officer and the Rocky Mountain Regional Office of the National Park Service.

NOW, THEREFORE, execution of this Memorandum of Agreement evidences that the Federal Highway Administration has afforded the Council a reasonable opportunity to comment on the undertaking and its effects on historic properties and that the Federal Highway Administration has taken into account the effects of its undertaking on historic properties.

EXHIBIT A

United States Department of the Interior Heritage Conservation and Recreation Service
National Register of Historic Places Inventory -Nomination Form
Continuation sheet Wyoming Vehicular Bridges Item number 4

Addendum, Item 4: Property Owners
Bridge	Owner/Administrator	Location of Legal Description
AJX ( Bridge over South of Powder River BNU Bridge over Wind River CKW Bridge over Powder River CQA Four Mile Bridge DDW Granger Bridge (Replaced) DDZ Bridge over New Fork River DFT Bridge over Medicine Bow River (Replaced) DFU Elk Mountain Bridge DGC Bridge over Wolf Creek DMU Pick Bridge DML Butler Bridge DMS Bridge over Cow Creek DOE Bridge over Laramie River DSD Bridge over Cheyenne River DUX Bessemer Bend Bridge DX Bridoe over Missouri River EAU Arvada Bridge EAW Bridge over Little Goose Creek (Collapsed) EAX Bridge over Little Goose Creek EBF Bridge over Powder River ECR Kooi Bridge ECS Bridge over Big Goose Creek EDL Peloux Bridge EDZ Irigary Bridge EEN Schoonover Bridge (Replaced) EFP Bridge over Owl Creek EJE Bridge over Shell Creek EJP County Line Bridge EJZ Bridge over Shoshone River ELS Bridoe over Big Wind River ELY Wind River Diversion Dam Bridge ENP Bridge over Green River EPF Bridge over Mill Creek ERT Bridge over Black's Fork ETD Bridge over Green River ETR Big Island Bridge EWA Bridge over Garland Canal (Replaced) EWZ Bridge over East Channel of Laramie River * Hayden Arch Bridge * Rairden Bridge	Wyoming State Highway Dept. P.O. Box 1708 Cheyenne Wyoming 82001 Wyoming State Highway Dept. P.O. Box 1708 Cheyenne Wyoming 82001 Wyoming State Highway Dept. P.O. Box 1708 Cheyenne Wyoming 82001 Wyoming State Highway Dept. P.O. Box 1708 Cheyenne Wyoming 82001 Sweetwater County Sublette County Carbon County Carbon County Sheridan County Carbon County Carbon County Carbon County Albany County Niobrara County Natrona County Crook County Sheridan County Sheridan County Sheridan County Sheridan County Sheridan County Sheridan County Johnson County Johnson County Johnson County Hot Spring County Big Horn County Big Horn County Big Horn County Fremont County Fremont County Sublette County Uinta County Uinta County Sweetwater County Sweetwater County Park County Platte County Bureau of Reclamation Big Horn County	Johnson County Courthouse Main and Fort Streets Buffalo Wyoming 82834 Fremont County Courthouse P.O Box CC Larder Wyoming 82520 Sheridan County Courthouse 220 South Main Sheridan Wyoming 82801 Hot Springs County Courthouse Thermopolis Wyoming 82443 Sweetwater County Courthouse P.O. Box 730 Green River Wyoming 82935 Sublette County Courthouse 21 South Tyler Avenue Pinedale Wyoming 82941 Carbon County Courthouse Third and Pine Streets Rawlins Wyoming 82801 same Sheridan County Courthouse 220 South Main Sheridan Wyoming 82801 Carbon County Courthouse Third and Pine Streets Rawlins Wyoming 82941 same same Albany County Courthouse First Street and Grand Avenue Laramie Wyoming 82070 Niobrara County Courthouse P.O. Box 398 Lusk Wyoming 82225 Natrona County Courthouse 200 North Center Casper Wyoming 82602 Crook County Courthouse P.O. Box 37 Sundance Wyoming 82729 Sheridan County Courthouse 220 South Main Sheridan Wyoming 82801 same same same same Johnson County Courthouse Main and Fort Streets Buffalo Wyoming 82834 same same Hot Springs County Courthouse Thermopolis Wyoming 82443 Big Horn County Courthouse Fifth and C Streets Basin Wyoming 82410 Big Horn County Courthouse Fifth and C Streets Basin Wyoming 82443 same Fremont County Courthouse P.O. Box CC Lander Wyoming 82520 same Sublette County Courthouse 21 South Tyler Avenue Pinedale Wyoming 82941 Uinta County Courthouse 225 Ninth Street Evanston Wyoming 82930 same Sweetwater County Courthouse P.O. Box 730 Green River Wyoming 82935 same Park County Courthouse P.O. Box 160 Cody Wyoming 82414 Platte County Courthouse P.O. Box 728 Wheatland Wyoming 82201 Park County Courthouse P.O. Box 160 Cody, Wyoming 82414 Big Horn County Courthouse Fifth and C Streets Basin Wyoming 82443

EXHIBIT B

United States Department of the Interior

IN REPLY REFER TO:
1138 (RMR-PR)

William P. King, P.E.
Environmental Services Engineer
Wyoming State Highway Department
P.O. Box 1708
Cheyenne, WY 82002-9019

Dear Mr. King:

Thank you for your request concerning the appropriate level of Historic American Engineering Record (BAER) documentation for those Wyoming bridges determined eligible for enrollment in the National Register of Historic Places. As you know, the original HAER inventory conducted by Fraser design included a certain degree of documentation. This documentation was recommended by this office to streamline any future bridge replacements which involved 106 case reports. Because this HAER documentation was obtained, only minimal additional documentation will be required in future bridge replacements.

Specifically, for each bridge replacement project involving a bridge determined eligible the following information will be required:

1. The historic and descriptive information contained on the individual HAER card will need to be transferred to the standard HAER format for written historical narratives (samples enclosed).
2. The archivally processed, perspective corrected, 4" X 5" negatives will need to be submitted.
3. Archivally processed prints will need to be submitted.
4. The documentation described above will need to be edited, catalogued and transmitted to this office in the format outlined in the "Condensed Information on Transmittal Requirements."

In addition, those older, longer multiple span bridges such as the Bridge over the Wind River (WSHD: ELY), Bridge over the Big Wind River (WSHD: ELS), Bridge over the Shoshone River (WSHD: EJZ), Bridge over the Powder River (WSHD: CKW), Bridge over the South Fork of the Powder River (WSHD: AJX) and the Hayden Concrete Arch Bridge may need to have photocopies of their original construction drawings prepared for transmittal with the documentation outlined above. These photocopies must be archival and meet the specifications outlined in the enclosed "Specifications for Contract Photographers."

If you have any questions regarding this matter, please give me a call at 303 234-2560.

Cordially,

/S/
Gregory D. Kendrick, Historian
Cultural Resources Division

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CONTENTS

ITEM

INTRODUCTION

THE HISTORIC RESOURCE
Effects on Historic Resource

THE ALTERNATIVES
Do Nothing
Build on New Location
Rehabilitation Without Affecting the Historic Integrity of the Bridge

MEASURES TO MITIGATE HARM

COORDINATION

LIST OF APPENDICES

A. Listing and Description of Bridges
B. NAER Inventory Cards
C. Letter from National Park Service Addressing Mitigation Measures

INTRODUCTION

This report addresses the proposed preservation of 33 truss bridges located on public roads within the State of Wyoming that have been determined eligible for the National Register of Historic Places. Four are on State Highways and 29 are on County Roads. All are scheduled for replacement and, realistically, replacement will include removal of the historic bridge.

Current standards require that bridges have two traffic lanes and carry truck loads. However, these bridges are all functionally obsolete in terms of lane width and load capacity. The four state highway bridges and one county road bridge will permit two lane traffic but they do not meet minimum width standards for two lane bridges. Load capacity is restricted by both design and physical deterioration, and nearly all of the bridges have posted load restrictions. Because of these deficiencies, the bridges are eligible for replacement under the Federal-aid Bridge Replacement and Rehabilitation program.

It is virtually certain that replacement will require dismantling and demolition of the historic bridge. The trusses cannot be rehabilitated to meet current standards without destroying their historic integrity. For two reasons, the old trusses cannot be left in place.

• The bridge location cannot be changed; or
• There is no responsible party to assume jurisdiction and maintenance of the old bridge. In addition, most of the trusses would require a major investment to preserve them. All need painting and/or substructural repair which, in most instances, is of major proportions.

It is proposed to preserve the historic significance of these bridges through an appropriate level of documentation as set forth by the National Park Service.

In 1980, the Federal Highway Administration and the Wyoming State Highway Department initiated a process recommended by the National Park Service to inventory, screen and select bridges that were potentially eligible for inclusion on the National Register of Historic Places. The inventory encompassed all the truss bridges on public roads in the state and each bridge was evaluated in accordance with the Advisory Council on Historic Preservation eligibility criteria. Through this process, 40 structures were found potentially eligible for enrollment and submitted to the Keeper of the Register for a determination of their eligibility.

On July 22, 1982, the Keeper determined that all 40 bridges were eligible for the National Register on the basis of their age, length and type. These bridges are excellent examples of the truss type structures which proved to be a staple for the early county road system in the state. None were considered significant because of design, construction or location.

Of the 40 that were determined eligible for the Register, four have been replaced, one has collapsed and one belongs to the Bureau of Reclamation.

THE HISTORIC RESOURCE

A description of each bridge and its condition is included in Appendix A. More details are included in the NAER inventory cards in Appendix B.

EFFECT ON HISTORIC RESOURCE

Realistically, as the bridges are replaced, in all probability, the historic truss will be demolished and removed for one of the following reasons:

• The bridge location cannot be changed, or
• There is no responsible party to assume jurisdiction and maintenance of the old bridge.

The Federal Highway Administration has determined that this will have an adverse effect on the historic property.

THE ALTERNATIVES

DO NOTHING

This alternative would gear a maintenance program at prolonging the lilfe of the structures. Each would be painted and minor repairs made, but little else.

In view of the structural condition of the bridges, this is not a valid alternative. This does not solve the deficient bridge situation; it simply, ignores it. At best, the deterioration and safety hazard of the structure is prolonged. It does not provide a facility that will accommodate two traffic lanes or truck loads.

BUILD ON NEW LOCATION

This alternative will allow for the replacement structure to be built at a new location. Terrain, approach geometry, land use, economics and environmental concerns will dictate the location of the structure.

With this alternative, the historic bridge and its historic integrity could be preserved if both of the following conditions are met.

• There is a responsible party to assume jurisdiction and maintenance responsibility.
• The structure can be placed in a suitable state of repair at a reasonable cost.

It is doubtful if these conditions can be met. Unless some benefit is to be derived, other parties will not assume jurisdictional responsibilities. In addition, the condition of the structures are such that costly repairs are necessary to preserve them. Structure and/or substructure damage of major proportions must be repaired.

REHABILITATION WITHOUT AFFECTING THE HISTORIC INTEGRITY OF THE BRIDGE

This alternative would provide for rehabilitation of the existing structure to meet adequate width and load carrying capacity. In most cases, the required modifications would destroy the historical integrity of the bridge.

In some cases it may be feasible to relocate the structure and convert it to private use or uses other than highway traffic and preserve its integrity. However, the chances are remote.

MEASURES TO MITIGATE HARM

Mitigation measures are to document by fully perspective corrected photography showing the overall views and views of significant details Following the photographic guidelines laid out in Recording Historic Buildings by Harley L. McKee and the photographic specifications issued by the National Architectural and Engineering Record.

Measured drawings will be provided for the older, longer multiple span bridges as requested by the Historian of the National Park Service in a letter included as Appendix C.

COORDINATION

Coordination and consultation has been established with the parties who have an interest in these bridges or must take some action concerning them. The-roles of the Federal Highway Administration, Advisory Council on Historic Preservation, State Historic Preservation Officer and the National Park Service are self evident.

The State owns the bridges on the State Highway System and the Counties own the bridges on the County Road Systems. The State Highway Department administers the Federal Aid Program under which these bridges are eligible for replacement. As such it has full authority to act for the State and Counties in developing and implementing the various bridge replacement projects.

The Federal Highway Administration, State Highway Department, the State Historic Preservation Officer and the National Park Service have agreed that the mitigation measures outlined will preserve the historic significance of the structures.

An initial report entitled Wyoming Truss Bridge Survey was previously submitted to the Council, Keeper of the Register and the State Historic Preservation Office. This report contains the following information:

1. A description of how the survey was made.
2. A historic overview address
   - Truss Development in America
   - Early Transportation in Wyoming
   - Truss Building in Wyoming - Wyoming Highway Department
   - Epilogue
   - Footnotes
3. Survey and evaluation
4. References
5. Appendices which include
   - Listing of Bridge Contractors
   - NAER Inventory Cards