HomeMy WebLinkAboutUS Army Corp of Engineers Chiawana Park Lease 12.01.07NO. W912EF-1-08-07
DEPARTMENT OF THE ARMY
LEASE TO NON-STATE GOVERNMENTAL AGENCIES
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
Chiawana Park & Columbia River Shoreline
McNary Lock and Dam Project
Franklin County, Washington
Tracts XX-3561, XX-3500, XX-3559, XX-3558, XX-3557, XX-3554, XX-3552, XX-3551,
XX-3549, XX-3548, XX-3547, XX-3546, XX-3544, XX-3543, XX-3542, XX-3541,
XX-3539, XX-3538, XX-3537, XX-3536, XX-3534, XX-3533, XX-3532, XX-3531,
XX-3529
THIS LEASE is made on behalf of the United States and the SECRETARY OF
THE ARMY, hereinafter referred to as the Secretary, and THE CITY OF PASCO,
WASHINGTON, hereinafter referred to as the Lessee,
WITNESSETH:
That the Secretary, by authority of Title 16, United States Code, Section 460d,
and for the consideration hereinafter set forth, hereby leases to the Lessee, the property
identified in tan in Exhibits Al, A2 & B, attached hereto and made a part hereof,
hereinafter referred to as the premises, for public park and recreational purposes. The
premises are further defined as follows: In portions of the premises where levees are
located, the premises shall be from the shoreline of the Columbia River landward to the
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landward toe of the levee. In portions where no levees exist, the premises shall be the
entire tract to the landward public property boundary except in Tracts XX-3559,
XX-3500 and XX-3561 where the approximate limits of the premises are shown in tan.
THIS LEASE is granted subject to the following conditions:
1. TERM
Said premises are hereby leased for a term of 25 years, beginning December 1,
2007 and ending November 30, 2032,
2. CONSIDERATION
The consideration for this lease is the operation and maintenance of the
premises by the Lessee for the benefit of the United States and the general public in
accordance with the conditions herein set forth.
3. NOTICES
All correspondence and notices to be given pursuant to this lease shall be
addressed, if to the Lessee to the City Manager, City of Pasco; 525 N. 3rd Avenue; PO
Box 293; Pasco, WA 99301 ; and if to the United States, to the District Engineer, ATTN:
Chief, Real Estate Division, Walla Walla District; 201 N. Third Avenue, Walla Walla, WA
99362-1876 or as may from time to time otherwise be directed by the parties. Notice
shall be deemed to have been duly given if and when enclosed in a properly sealed
envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a
post office regularly maintained by the United States Postal Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary of
the Army," "District Engineer," "said officer" or "Lessor" shall include their duly
authorized representatives. Any reference to "Lessee" shall include sublessees,
assignees, transferees, concessionaires, and its duly authorized representatives.
S. DEVELOPMENT PLANS
The Lessee shall be guided by an annual Plan of Operation and Maintenance
Annual Management Plan or "AMP") in furtherance of the Lessee's implementing Plan
of Recreation Development and Management (Development Plan) attached as Exhibit
C which shows the facilities and services necessary to meet the current and potential
public demand and the management and development activities to be undertaken by
the Lessee and any sublessees. No later than January 1 of each year the Lessee will
submit the AMP to be mutually agreed on between the Lessee and the District
Engineer. Such AMP shall include but is not limited to the following:
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a. Plans for management, maintenance and development activities to be
undertaken by the Lessee and any sublessees.
b. Report of the management, maintenance and development
accomplishments of the Lessee for the preceding year.
c. Report on any significant modification of policies or procedures which are
planned for the following year as well as those implemented in the preceding year.
d. Minor modifications to the Development Plan. Major modifications are to be
accomplished by amendment to the Plan before proceeding to implement any changes
in the development or management of the leased premises.
e. Budget of the Lessee for carrying out all activities for the upcoming year.
f. Personnel to be used in the management of the leased premises.
g. Annual certification that all water and sanitary systems on the premises have
been inspected and comply with Federal, state and local standards. Lessee will also
provide a statement of compliance with the Rehabilitation Act and the Americans with
Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any
deficiencies and providing a schedule for correction.
The use and occupation of the premises shall be subject to the general
supervision and approval of the District Engineer.
During the term of the lease, the District Engineer will notify the Lessee of any
updates to the existing project Master Plan affecting the premises and the Lessee may
provide comments.
6. STRUCTURES AND EQUIPMENT
The Lessee shall have the right, during the term of the lease, to erect such
structures and to provide such equipment upon the premises as may be necessary to
furnish the facilities and services authorized. Those structures and equipment shall be
and remain the property of the Lessee, except as otherwise provided in the Condition
on RESTORATION. However, no structures may be erected or altered upon the
premises unless and until the type of use, design, and proposed location or alteration
thereof shall have been approved in writing by the District Engineer. The District
Engineer may require the Lessee, upon the completion of each of the proposed
developments to furnish complete "as built" construction plans for all facilities.
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7. APPLICABLE LAWS AND REGULATIONS
a. The Lessee shall comply with all applicable Federal laws and regulations
and with all applicable laws, ordinances, and regulations of the state, county, and
municipality wherein the premises are located, including, but not limited to, those
regarding construction, health, safety, food service, water supply, sanitation, use of
pesticides, and licenses or permits to do business. The Lessee shall make and enforce
such regulations as are necessary and within its legal authority in exercising the
privileges granted in this lease, provided that such regulations are not inconsistent with
those issued by the Secretary of the Army or with the provisions of 16 U.S.C. § 460d.
b. The Lessee will provide an annual certification that all water and sanitary
systems on the premises. have been inspected and comply with Federal, state and local
standards. The Lessee will also provide a statement of compliance with the
Rehabilitation Act and the Americans with Disabilities Act, as required in the Condition
on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for
correction.
8. CONDITION OF PREMISES
a. The Lessee acknowledges that it has inspected the premises, knows its
condition, and understands that the same is leased without any representations or
warranties whatsoever and without obligation on the part of the United States to make
any alterations, repairs, or additions thereto.
b. As of the date of this lease, an inventory and condition report of all personal
property and improvements of the United States included in this lease shall be made by
the District Engineer and the Lessee to reflect the condition of said property and said
improvements. A copy of said report is attached hereto as Exhibit D and made a part
hereof. Upon the expiration, revocation, or termination of this lease, another inventory
and condition report shall be similarly prepared. This report shall constitute the basis for
settlement for property damaged or destroyed. Any such property must be either
replaced or restored to the condition required by the Condition on PROTECTION OF
PROPERTY.
9. FACILITIES AND SERVICES
The Lessee shall provide the facilities and services as agreed upon in the
Development Plan referred to in the Condition on DEVELOPMENT PLANS either
directly or through subleases or concession agreements that have been reviewed and
accepted by the District Engineer. These subleases or agreements shall state: (1) that
they are granted subject to the provisions of this lease; and (2) that the agreement will
not be effective until the third party activities have been approved by the District
Engineer. The Lessee will not allow any third party activities with a rental to the Lessee
or prices to the public which would give the third party an undue economic advantage or
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circumvent the intent of the Development Plan. The rates and prices charged by the
Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to
rates charged for similar goods and services by others in the area. The use of sub-
lessees and concessionaires will not relieve the Lessee from the primary responsibility
for ensuring compliance with all of the terms and conditions of this lease.
10. TRANSFERS, ASSIGNMENTS, SUBLEASES
a. Without prior written approval of the District Engineer, the Lessee shall
neither transfer nor assign this lease nor sublet the premises or any part thereof, nor
grant any interest, privilege, or license whatsoever in connection with this lease.
b. The Lessee will not sponsor or participate in timeshare ownership of any
structures, facilities, accommodations, or personal property on the premises. The
Lessee will not subdivide nor develop the premises into private residential development.
11. FEES
Fees may be charged by the Lessee for the entrance to or use of the premises or
any facilities, however, no user fees may be charged by the Lessee or its sub-lessees
for use of facilities developed in whole or part with federal funds if a user charge by the
Corps of Engineers for the facility would be prohibited under law.
12. ACCOUNTS, RECORDS AND RECEIPTS
All monies received by the Lessee from operations conducted on the premises,
including, but not limited to, entrance, admission and user fees and rental or other
consideration received from its concessionaires, may be utilized by the Lessee for the
administration, maintenance, operation and development of the premises. Beginning 5
years from the date of this lease and continuing at 5-year intervals, any such monies not
so utilized or programmed for utilization within a reasonable time shall be paid to the
District Engineer. The Lessee shall establish and maintain accurate records and
accounts and provide an annual statement of receipts and expenditures to the District
Engineer. Annual or weekly entrance fees not collected on the Project, which also are
honored at other recreational areas operated by the Lessee, are excluded from this
requirement. The District Engineer shall have the right to perform audits or to require
the Lessee to audit the records and accounts of the Lessee, third party concessionaires
and sub-lessees, in accordance with auditing standards and procedures promulgated by
the American Institute of Certified Public Accountants or by the state, and furnish the
District Engineer with the results of such an audit.
13. PROTECTION OF PROPERTY
The Lessee shall be responsible for any damage that may be caused to property
of the United States by the activities of the Lessee under this lease and shall exercise
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due diligence in the protection of all property located on the premises against fire or
damage from any and all other causes. Any property of the United States damaged or
destroyed by the Lessee incident to the exercise of the privileges herein granted shall
be promptly repaired or replaced by the Lessee to the satisfaction of the District
Engineer, or, at the election of the District Engineer, reimbursement may be made
therefore by the Lessee in an amount necessary to restore or replace the property to a
condition satisfactory to the District Engineer.
14. RIGHT TO ENTER AND FLOOD
The right is reserved to the United States, its officers, agents, and employees to
enter upon the premises at any time and for any purpose necessary or convenient in
connection with Government purposes; to make inspections; to remove timber or other
material, except property of the Lessee; to flood the premises; to manipulate the level of
the lake or pool in any manner whatsoever; and/or to make any other use of the land as
may be necessary in connection with project purposes, and the Lessee shall have no
claim for damages on account thereof against the United States or any officer, agent, or
employee thereof.
15. LIGHTS, SIGNALS AND NAVIGATION
There shall be no unreasonable interference with navigation by the exercise of
the privileges granted by this lease. If the display of lights and signals on any work
hereby authorized is not otherwise provided for by law, such lights and signals as may
be prescribed by the Coast Guard or by the District Engineer shall be installed and
maintained by and at the expense of the Lessee.
16. INSURANCE
a. At the commencement of this lease, the Lessee, unless self-insured, and its
sub-lessees and concessionaires at the commencement of operating under the terms of
this lease as third parties, shall obtain from a reputable insurance company or
companies contracts of liability insurance. The insurance shall provide an amount not
less than that which is prudent, reasonable and consistent with sound business
practices, or a minimum combined Single Limit of $1,000,000, whichever is greater, for
any number of persons or claims arising from any one incident with respect to bodily
injuries or death resulting therefrom, property damage; or both, suffered or alleged to
have been suffered by any person or persons, resulting from the operations of the
Lessee, sub-lessees and concessionaires under the terms of this lease. The Lessee
shall require its insurance company to furnish to the District Engineer a copy of the
policy or policies or, if acceptable to the District Engineer, certificates of insurance
evidencing the purchase of such insurance. The minimum amount of liability insurance
coverage is subject to revision by the District Engineer every three years or upon
renewal or modification of this lease,
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b. The insurance policy or policies shall specifically provide protection
appropriate for the types of facilities, services and products involved; and shall provide
that the District Engineer be given thirty (30) days notice of any cancellation or change
in such insurance.
c. In the event the Lessee is self-insured, the Lessee shall certify such self-
insurance in writing in the minimum amount specified above to the District Engineer.
The Lessee's insurance status shall not eliminate the requirement for its sub-lessees
and concessionaires to have insurance from a reputable insurance carrier as set out
above.
d. The District Engineer may require closure of any or all of the premises during
any period for which the Lessee and/or its sub-lessees and concessionaires do not
have the required insurance coverage.
17. RESTORATION
On or before the expiration of this lease or its termination by the Lessee, the
Lessee shall vacate the premises, remove the property of the Lessee, and restore the
premises to a condition satisfactory to the District Engineer. If, however, this lease is
revoked, the Lessee shall vacate the premises, remove said property therefrom, and
restore the premises to the aforesaid condition within such time as the District Engineer
may designate. In either event, if the Lessee shall fail or neglect to remove said
property and restore the premises, then, at the option of the District Engineer, said
property shall either become the property of the United States without compensation
therefore, or the District Engineer may cause the property to be removed and no claim
for damages against the United States or its officers or agents shall be created by or
made on account of such removal and restoration work. The Lessee shall also pay the
United States on demand any sum which may be expended by the United States after
the expiration, revocation or termination of this lease in restoring the premises.
18. NON-DISCRIMINATION
a. The Lessee shall not discriminate against any person or persons or exclude
them from participation in the Lessee's operations, programs or activities conducted on
the leased premises, because of race, color, religion, sex, age, handicap, or national
origin. The Lessee will comply with the Americans with Disabilities Act and attendant
Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the
Architectural and Transportation Barriers Compliance Board.
b. The Lessee, by acceptance of this lease, is receiving a type of Federal
assistance and, therefore, hereby gives assurance that it will comply with the provisions
of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age
Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the
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Directive of the Department of Defense (32 CFR Part 195) issued as Department of
Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance
shall be binding on the Lessee, its agents, successors, transferees, sub-lessees and
assigns.
19. SUBJECT TO EASEMENTS
This lease is subject to all existing easements, easements subsequently granted,
and established access routes for roadways and utilities located, or to be located, on
the premises, provided that the proposed grant of any new easement or route will be
coordinated with the Lessee, and easements will not be granted which will, in the
opinion of the District Engineer, interfere with developments, present or proposed, by
the Lessee. The Lessee will not close any established access routes without written
permission of the District Engineer.
20. SUBJECT TO MINERAL INTERESTS
This lease is subject to all outstanding mineral interests. As to federally owned
mineral interests, it is understood that they may be included in present or future mineral
leases issued by the Bureau of Land Management (BLM), which has responsibility for
mineral development on Federal lands. The Secretary will provide lease stipulations to
BLM for inclusion in such mineral leases that are designed to protect the premises from
activities that would interfere with the Lessee's operations or would be contrary to local
laws.
21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT
a. The Lessee and/or any sub-lessees or licensees are charged at all times
with full knowledge of all the limitations and requirements of this lease, and the
necessity for correction of deficiencies, and with compliance with reasonable requests
by the District Engineer. This lease may be revoked in the event that the Lessee
violates any of the terms and conditions and continues and persists in such non-
compliance, or fails to obtain correction of deficiencies by sub-lessees or licensees.
The Lessee will be notified of any non-compliance, which notice shall be in writing or
shall be confirmed in writing, giving a period of time in which to correct the non-
compliance. Failure to satisfactorily correct any substantial or persistent non-
compliance within the specified time is grounds for closure of all or part of the premises,
temporary suspension of operation, or revocation of the lease, after notice in writing of
such intent. Future requests by the Lessee to extend the lease, expand the premises,
modify authorized activities, or assign the lease shall take into consideration the
Lessee's past performance and compliance with the lease terms.
b. This lease may be relinquished by the Lessee by giving one (1) year prior
written notice to the District Engineer in the manner prescribed in the Condition on
NOTICES.
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22. HEALTH AND SAFETY
a. The Lessee shall keep the premises in good order and in a clean, sanitary,
and safe condition and shall have the primary responsibility for ensuring that any sub-
lessees and concessionaires operate and maintain the premises in such a manner.
b. In addition to the rights of revocation for non-compliance, the District
Engineer, upon discovery of any hazardous conditions on the premises that presents an
immediate threat to health and/or danger to life or property, will so notify the Lessee and
will require that the affected part or all of the premises be closed to the public until such
condition is corrected and the danger to the public eliminated. If the condition is not
corrected within the time specified, the District Engineer will have the option to revoke
the lease. The Lessee and its assignees or sub-lessees shall have no claim for
damages against the United States, or any officer, agent, or employee thereof on
account of action taken pursuant to this condition.
23. PUBLIC USE
No attempt shall be made by the Lessee, or any of its sub-lessees or
concessionaires, to forbid the full use by the public of the premises and of the water
areas of the project, subject, however, to the authority and responsibility of the Lessee
to manage the premises and provide safety and security to the visiting public.
24. PROHIBITED USES
a. The Lessee shall not permit gambling on the premises. Specifically
prohibited is the use of gambling devices, such as slot machines, video gambling
machines, or other casino type devices that would detract from the family atmosphere.
District Engineers may allow the sale of state lottery tickets, in accordance with state
and local laws and regulations, as long as the sale of tickets constitutes a collateral
activity, rather than primary activity, of the Lessee. The Lessee shall not install or
operate, or permit to be installed or operated thereon, any device which is illegal; or use
the premises or permit them to be used for any illegal business or purpose. There shall
not be conducted on or permitted upon the premises any activity which would constitute
a nuisance.
b. As an exception, some games of chance, such as raffles, games and
sporting events, may be conducted by nonprofit organizations under special permits
issued in conjunction with special events, if permissible by state and local law. Any
request to conduct such activities must be submitted in writing to the District Engineer.
c. In accordance with state and local laws and regulations, the Lessee may
sell, store, or dispense or permit the sale, storage, or dispensing of beer, malt
beverages, light wines or other intoxicating beverages on the premises in those facilities
where such service is customarily found. Bar facilities will only be permitted if offered in
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connection with other approved activities. Advertising of such beverages outside of
buildings is not permitted. Carry out package sales of hard liquor is prohibited.
25. NATURAL RESOURCES
The Lessee shall cut no timber, conduct no mining operations, remove no sand,
gravel, or kindred substances from the ground, commit no waste of any kind, nor in any
manner substantially change the contour or condition of the premises, except as may be
authorized under and pursuant to the Development Plan described in the Condition on
DEVELOPMENT PLANS herein. The Lessee may salvage fallen or dead timber;
however, no commercial use shall be made of such timber. Except for timber salvaged
by the Lessee when in the way of construction of improvements or other facilities, all
sales of forest products will be conducted by the United States and the proceeds
therefrom shall not be available to the Lessee under the provisions of this lease.
26. DISPUTES CLAUSE
a. Except as provided in the Contract Disputes Act of 1978 (41 U_S.C, § 601-
613) (the Act), all disputes arising under or relating to this lease shall be resolved under
this clause and the provisions of the Act.
b. "Claim," as used in this clause, means a written demand or written assertion
by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the
adjustment of interpretation of lease terms, or other relief arising under or relating to this
lease. A claim arising under this lease, unlike a claim relating to the lease, is a claim
that can be resolved under a lease clause that provides for the relief sought by the
Lessee. However, a written demand or written assertion by the Lessee seeking the
payment of money exceeding $100,000 is not a claim under the Act until certified as
required by subparagraph c.(2) below.
c. (1) A claim by the Lessee shall be made in writing and submitted to the said
officer for a written decision. A claim by the Government against the Lessee shall be
subject to written decision by the said officer,
2) For Lessee claims exceeding $100,000, the Lessee shall submit with the
claim a certification that:
i) The claim is made in good faith;
ii) Supporting data are accurate and complete to the best of the
Lessee's knowledge and belief;
iii) and the amount requested accurately reflects the lease adjustment
for which the Lessee believes the Government is liable.
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3) (i) If the Lessee is an individual, the certificate shall be executed by
that individual.
ii) If the Lessee is not an individual, the certification shall be executed
by
A) A senior company official in charge at the Lessee's location
involved,
or
B) An officer or general partner of the Lessee having overall
responsibility of the conduct of the lessee's affairs.
d. For Lessee claims of $100,000 or less, the said officer must, if requested in
writing by the Lessee, render a decision within 60 days of the request. For Lessee-
certified claims over $100,000, the said officer must, within 60 days, decide the claim or
notify the Lessee of the date by which the decision will be made.
e. The said officer's decision shall be final unless the Lessee appeals or files a
suit as provided in the Act.
f. At the time a claim by the Lessee is submitted to the said officer or a claim
by the Government is presented to the Lessee, the parties, by mutual consent, may
agree to use alternative means of dispute resolution. When using alternate dispute
resolution procedures, any claim, regardless of amount, shall be accompanied by the
certificate described in paragraph c.(2) of this clause, and executed in accordance with
paragraph c.(3) of this clause.
g. The Government shall pay interest on the amount found due and unpaid by
the Government from (1) the date the said officer received the claim (properly certified if
required), or (2) the date payment otherwise would be due, if that date is later, until the
date of payment. Simple interest on claims shall be paid at the rate, fixed by the
Secretary of the Treasury as provided in the Act, which is applicable to the period during
which the said officer receives the claim and then at the rate applicable for each 6-
month period as fixed by the Treasury Secretary during the pendency of the claim.
Rental amounts due to the Government by the Lessee will have interest and penalties
as set out in the condition on CONSIDERATION.
h. The Lessee shall proceed diligently with the performance of the lease,
pending final resolution of any request for relief, claim, appeal or action arising under
the lease, and comply with any decision of the said officer.
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27. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties to this lease
shall protect the project against pollution of its air, ground, and water. The Lessee shall
comply promptly with any laws, regulations, conditions or instructions affecting the
activity hereby authorized, if and when issued by the Environmental Protection Agency,
or any Federal, state, interstate or local governmental agency having jurisdiction to
abate or prevent pollution. The-disposal of any toxic or hazardous materials within the
leased area is specifically prohibited, Such regulations, conditions, or instructions in
effect or prescribed by the Environmental Protection Agency, or any Federal, state,
interstate or local governmental agency, are hereby made a condition of this lease. The
Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities,
including rental boats, to be sealed against any discharge into the lake. Services for
waste disposal, include sewage pump-out of watercraft, shall be provided by the Lessee
as appropriate. The Lessee shall not discharge waste or effluent from the premises in
such a manner that the discharge will contaminate streams or other bodies of water or
otherwise become a public nuisance.
b. The Lessee will use all reasonable means available to protect the
environment and natural resources, and where damage nonetheless occurs from the
Lessee's activities, the Lessee shall be liable to restore the damaged resources.
c. The Lessee must obtain approval in writing from the District Engineer before
any pesticides or herbicides are applied to the premises.
28. ENVIRONMENTAL BASELINE STUDY
An Environmental Baseline Study (EBS) documenting the known history of the
property with regard to the storage, release or disposal of hazardous substances
thereon is attached hereto and made a part hereof as Exhibit E. Upon expiration,
revocation or termination of this lease, another EBS shall be prepared which will
document the environmental condition of the property at that time. A comparison of the
two assessments will assist the District Engineer in determining any environmental
restoration requirements. Any such requirements will be completed by the Lessee in
accordance with the condition on RESTORATION.
29. HISTORIC PRESERVATION
The Lessee shall not remove or disturb, or cause or permit to be removed or
disturbed, any historical, archaeological, architectural or other cultural artifacts, relics,
remains, or objects of antiquity. In the event such items are discovered on the
premises, the Lessee shall immediately notify the District Engineer and protect the site
and the material from further disturbance until the District Engineer gives clearance to
proceed.
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30. SOIL AND WATER CONSERVATION
The Lessee shall maintain, in a manner satisfactory to the District Engineer, all
soil and water conservation structures that may be in existence upon said premises at
the beginning of, or that may be constructed by the Lessee during the term of, this
lease, and the Lessee shall take appropriate measures to prevent or control soil erosion
within the premises. Any soil erosion occurring outside the premises resulting from the
activities of the Lessee shall be corrected by the Lessee as directed by the District
Engineer.
31. TRANSIENT USE
a. Camping, including transient trailers or recreational vehicles, at one or more
campsites for a period longer than thirty (30) days during any sixty (60) consecutive day
period is prohibited. The Lessee will maintain a ledger and reservation system for the
use of any such campsites.
b. Occupying any lands, buildings, vessels or other facilities within the premises
for the purpose of maintaining a full- or part-time residence is prohibited, except for
employees residing on the premises for security purposes, if authorized by the District
Engineer.
32. COVENANT AGAINST CONTINGENT FEES
The Lessee warrants that no person or selling agency has been employed or
retained to solicit or secure this lease upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by the Lessee for
the purpose of securing business. For breach or violation of this warranty, the United
States shall have the right to annul this lease without liability or, in its discretion, to
require the Lessee to pay, in addition to the lease rental or consideration, the full
amount of such commission, percentage, brokerage, or contingent fee.
33. OFFICIALS NOT TO BENEFIT
No Member of or Delegate to Congress or Resident Commissioner shall be
admitted to any share or part of this lease or to any benefits to arise therefrom.
However, nothing herein contained shall be construed to extend to any incorporated
company if the lease be for the general benefit of such corporation or company.
34. SITE-SPECIFIC CONDITION ON GROUND DISTURBANCE
Except as authorized herein, the Lessee shall not engage in any construction,
alteration, demolition, or ground disturbing activities on the premises, unless such
activities have been reviewed and approved by the District Engineer in accordance with
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the requirements of the National Historic Preservation Act of 1966 (16 USC 470, et
seq.). The Lessee shall be responsible for all costs, and any actions directed or
required by the District Engineer, which are associated with the National Historic
Preservation Act review process, or other applicable law.
35. SITE-SPECIFIC CONDITION ON CULTURAL RESOURCE STIPULATIONS
Cultural Resources Stipulations (the Stipulations) are attached to this Lease as
Exhibit F and incorporated herein by reference. The Lessee's cultural resources roles
and responsibilities under this Lease shall be governed by the Stipulations and
applicable laws or regulations. The Stipulations may be amended by the District
Engineer, after consultation with the Lessee, if necessary to comply with applicable laws
or regulations,
36. SITE-SPECIFIC CONDITION ON PESTICIDES
a. Th.e use of any pesticides (insecticide, herbicide, fungicide or rodenticide) on
outgranted lands or waters shall be in accordance with all applicable Federal, state, and
local laws, rules and regulations. The Lessee must obtain approval from the District
Engineer before any pesticides are applied to the premises, The Lessee shall report
actual usage of pesticides in the previous year and anticipated usage of pesticides in
the upcoming year on the Pest Control Plan attached as Exhibit G-1 and G-2. The
reports will be forwarded not later than January 10 of each year to the address identified
below. Usage reports will be reviewed by the District Pesticide Coordinator and shall be
considered approved unless the Lessee is notified otherwise. The form may be
reproduced as needed,
b. The Lessee shall be responsible for the control of all noxious weeds within the
outgranted area in accordance with all applicable Federal, state, county and local laws,
rules and regulations. Within seven (7) days after each application or treatment with
any approved pesticide, the Lessee shall complete a pesticide application record (NPW
Form 178). A copy of NPW Form 178 is attached as Exhibit H and may be reproduced
when needed. The form shall be mailed or delivered to:
Natural Resources Manager
Ice Harbor Lock and Dam Project
2763 Monument Drive
Burbank, Washington 99323
37. SITE-SPECIFIC CONDITION ON ENVIRONMENTAL COMPLIANCE
a. The District Engineer agrees to provide funding up to a maximum of $30,000
toward environmental compliance costs associated with the proposed renovation project
for playground equipment replacement. The funding is subject to availability of funds
Non-State Park Lease 14
1 Jury 1997
1
and is subject to the work being accomplished within 5 years from the date of lease
execution by the government.
b. The District Engineer agrees to provide funding up to a maximum of $30,000
toward environmental compliance costs associated with the proposed renovation or
replacement of the existing east end park restroom facilities. The funding is subject to
availability of funds and is subject to the work being accomplished within 5 years from
the date of lease execution by the government.
c. If the Lessee chooses to submit the renovation projects as a combined project for
the playground equipment replacement and the replacement of east end park restroom
facilities rather than as outlined in 37.a. and 37.b. above, the District Engineer agrees to
provide funding up to a maximum of $60,000 toward environmental compliance costs
associated with the combined projects. The funding is subject to availability of funds
and is subject to the environmental work being accomplished within 5 years from the
date of lease execution by the government.
d. The Lessee will notify the District Engineer in writing when beginning preparation
of plans and specifications for the playground and restroom projects. Upon receipt of
notice from the Lessee, the District Engineer will begin to schedule the compliance work
required for the project, subject to the availability of funds. The Lessee will provide a
scope for each project in sufficient detail to enable the Corps to begin the compliance
work. Lessee understands that any changes in scope may result in delay and
increased cost to complete the compliance work. Lessee shall be responsible for all
compliance work required by state and local laws or regulations, in accordance with
Condition 7a of this lease.
38. SITE-SPECIFIC CONDITION ON TRESPASS AND ENCROACHMENT
In accordance with the Condition on PROTECTION OF PROPERTY, the Lessee will
use its best efforts to prevent and resolve trespasses and encroachments which occur
on the premises on or after the date this lease is signed by the District Engineer. The
Lessee shall report all encroachments to the District Engineer. If, after exercising
available administrative remedies, the Lessee is unable to resolve the trespass or
encroachment, the Lessee shall contact the District Engineer and provide complete
information on its efforts to resolve the trespass or encroachment. Thereafter, the
District Engineer shall have the primary responsibility to resolve the matter.
39. MODIFICATIONS
This lease contains the entire agreement between the parties hereto, and no
modification of this agreement, or waiver, or consent hereunder shall be valid unless the
same be in writing, signed by the parties to be bound or by a duly authorized
representative; and this provision shall apply to this clause as well as all other
conditions of this lease.
Non-State Park Lease 15
1 July 1997
1
40. DISCLAIMER
This lease is effective only insofar as the rights of the United States in the
premises are concerned; and the Lessee shall obtain such permission as may be
required on account of any other existing rights. It is understood that the granting of this
lease does not eliminate the necessity of obtaining any Department of the Army permit
which may be required pursuant to the provisions of Section 10 of the Rivers and
Harbors Act of 3 March 1899 (30 Stat.1151; 33 U.S.C. § 403), or Section 404 of the
Clean Water Act (33 U.S.C. § 1344).
IN WITNESS WHEREOF I have hereunto set my hand by authority/direction
of the Secretary of the Army this i o day of Ju
F
e14
ANTHONY J. FtbFMANN
Lieutenant Colonel, Corps of Engineers
District Commander
Walla Walla District
THIS LEASE is also executed by the Lessee this _gip day of
a'l+ha M..`L d cep PJ
JOYCE O
Mayor
City of Pasco, Washington
Non-State Park Lease 1
1 July 1997
CERTIFICATE OF AUTHORITY
certify that I am the Ejz- , ', ,r r of the
CITY OF PASCO, WASHINGTON, that who
signed the foregoing instrument on behalf of the lessee was then
a Of C c A 3 I further
certify that the said officer was acting within the scope of powers delegated to this
officer by the governing body of the grantee in executing said instrument.
Date 1' 1' ,
Clerk or Appropriate Official
ACKNOWLEDGMENT
STATE OF WASHINGTON )
ss
COUNTY OF WALLA WALLA)
On this /--"'day of Q , a4Q, before me the undersigned
Notary Public, personally appeared ANTHONY J. HOFMANN, District Commander,
U.S. Army Engineer District, Walla Walla, Washington, known to me to be the person
described in the foregoing instrument, who acknowledged that he executed the same in
the capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
X
Z
o Notary Public
My Commission E o N z
2
QJ0
CO
Non-State Park Lease 17
1 July 1997
THIS INSTRUMENT PREPARED BY:
Paul Shampine, Realty Specialist
U.S. Army Corps of Engineers
Walla Walla District, Real Estate Division
201 N. Third Avenue
509-527-7324
REVIEWED FOR LEGAL SUFFICIENCY BY:
0rr ,
Aobert Eskildsen, Attorney
U.S. Army Corps of Engineers
Walla Walla District, Office of Counsel
201 N. Third Avenue
509-527-7322
Non-Stale Park Lease 18
1 July 1997
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Exhibit B
liiw -4 4 r ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT
P.O. BOX 293, 525 NORTH THIRD AVENUE,PASCO,WASHLNGTON 99301
DIVISIONS
November 20,2007 ADMIMSTRATIVE
SERVICES
509)544-3096
FAX343-5727
CITY CLERK
Paul Shampine 2
FAXS43-5717
Realty Specialist
Walla Walla Dist. Corps of Engineers
SERI cESE
201 North Third Ave. SOS)543-5757
Walla Walla WA 98362-1876 FAX543-5758
FINANCE
Dear Mr, Shampine: SERVICES
509)54S-3401
FAX 544-3082
In response to your request for the City's plans regarding Chiawana Park, I submit the following, NYFORWTION
Assuming the City and COE enter into a lease agreement for the park, the City would plan to SERVICES
orocompletetheproposedr 'ects, subject to funding,within the approximate timetables as follows: 509)545.3419
p p p p 1 g' pp FAX543-3758
2008—2009 RECREATION
SERVICES
Pruning. There are a number of trees in the park that are in need of substantial pruning to remove 509)545.3456
dead and dying material. The City will attempt to do this work in the next 2 years. FAX545-3455
Convert Hand Line Irrigation. There is a section of the eastern portion of the park along the trail
near the river that is irrigated with moveable pipe. The City proposes to bring in fill material
sufficient to cover lines for a fixed underground system for this area.
Installation of Milepost Markers. As part of its efforts to complete elements of the Sacagawea
Heritage Trail in the Tri-Cities,the City proposes to complete installation of milepost markers along
the trail portion along the levee from Road 54 to the West end of Chiawana Park,
2010 - 2012
Playground. The City proposes to replace the old playground equipment at the east end of the park.
Restroom. The east end restroom structure is not functional and needs to be replaced and, ideally,
connected to the sewer. The City proposes to undertake this work.
Parking Lots,Roadways. Most of these facilities are in need of resurfacing.
Thank you for this opportunity to provide this information.
Sincerely,
Stan Strebel
Administrative and Community Services Director
Exhibit C
INVENTORY AND CONDITION REPORT
CHIAWANA PARK & COLUMBIA RIVER SHORELINE
CITY OF PASCO LEASE NO. W912EF-1-08-07
QUANTITY ITEM AND DESCRIPTION CONDITION ID# MCN-
1 Modular Residence (East end) Good 10040
1950 sq. feet; wood-framed; concrete
foundation; carport; patio
1 Boat Ramp w/parking area East end) Good 8939
Ramp - 35' wide
Parking area — 168' x 48' Fair
1 Boat Dock (East end) Fair 9478
Wood; concrete; 95' long
1 Underground Irrigation System (East end) Poor 4547
8.5 acres of 9,600 LF PVC pipe and fittings;
pop-up sprinkler heads; solenoid valves;
8-circuit automatic controller
1 Pavement (Bike Path) (East end) Fair 4549
9' wide; asphalt;
older path, away from the river)
1 Pumphouse (East end) Poor 4551
8' x 20'; concrete
1 Shop (East end) Good 5606
30' x 70'; metal with insulation; restroom;
wiring suspect in building)
1 Comfort Station (East end) Poor 4554
29' x 24'; concrete block
1 Parking Lot (East end) Fair 8900
75' x 210'; asphalt; w/gate
1 Road (East end to West end) Poor 8958
5280'; 2-lane; asphalt; w/gate
1 Playground Equipment (East end) Poor 8899
Metal; two slides; swings; climbing apparatus
1
Exhibit D
INVENTORY AND CONDITIONS REPORT (CONT)
CHIAWANA PARK
CITY OF PASCO LEASE NO. W912EF-1-08-07
QUANTITY ITEM AND DESCRIPTION CONDITION ID# MCN-
1 Entrance Sign (East end) Poor 8901
Concrete; metal
1 Fence (East end) Good 8938
415' long; 6' tall; chain link; three gates
1 Storage Building (East end) Poor 8918
24' x 30'; maint/shop; concrete block
1 Storage Building (East end) Poor 8902
15' x 12'; wood wlmetal roof
1 Comfort Station (West end) Good 9018
30' x 15'; concrete block
1 Fence (West end) Fair 9042
Newer section:
600' long; 6' high; wlseven 3' gates;
one double gate, 14' long
Older section:
600' long; 6' high (poor condition)
1 Boat Dock (West end) Poor 9039
Includes gangway; total of 175' x 7'; wood;
metal; concrete
1 Bike Path (West end) Good 9041
6' wide; asphalt; (runs next to the river the
whole length of the park before connecting
with the older bike path on east end)
1 Pumphouse (West end) Poor 4553
9' x 7'; concrete block
1 Parking Lot (West end) Poor 8978
625' x 75'; L-shaped; asphalt
3 Picnic Shelters (West end) Good 9038
Metal; wood; concrete base 25' x 35'
2
INVENTORY AND CONDITIONS REPORT (CONT)
CHIAWANA PARK
CITY OF PASCO LEASE W912EF-1-08-07
QUANTITY ITEM AND DESCRIPTION CONDITION iD# MCN-
1 Picnic Shelter West end) Fair 9040
30' x 30'; pumice block; concrete base;
Wood top; w/ rock and tar roof
1 Playground Equipment (West end)Good 8998
Plastic; slides; climbing apparatus;
area around playground is enclosed
with a concrete perimeter); (4) horseshoe
pits; volleyball court area
We, the undersigned, agree that at as of the date of this document the above
listed property is owned by the Government and is in the condition as
indicated.
City of Pa co Corps of Engineers
Stan Strebel, Director Paul Shampine
Administrative and Community Realty Specialist
Services
Date:2008 Date: 2008
3
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Project ID: +RCN Property ID Co,... MCN-4647 Project€D: MCN Property ID Code: MCN-4549
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Stricture No.;PCC97 Latitude: 462451/1566 Structure No.:PONS Latitude: 4614744558
Longitude: -116.2076308 Longitude: -1181052769
Location: CRAWANA PARK-EAST END Location; CHwWA.NA PARK.FAST END
Structure Type: Structure Type:
UNDERGR0UND IRRIGATION SYSTEM-1ASELED ON NSIDE EAVE.EAST END PAVEMENT 011(KE PATH}-LABELED ON METAL POST.CEN`ER OF BIKE PATH.NE
CORNER INTERSECTION.AT ENTRANCE TO PARK
Rernarka:
6.5 ACRES OF 8,600 LF PVC PIPE 6 FITTINGS.21S EA POP-UP SPRINKLER HEADS,5 EA Remo^
ELECT SOLENOID VALVES 1 EAO CIRCUIT AUTONWTIC COWMOLLER(RAINBIRJ}, 9-F00T WIDE ASPHALT BICYCLE PATH(OLDER.AWAY FROM THE RNER)
NEXT TO RIVER
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Project Property Book Page 7 of 15 Projee Properly Rook Pep A of 16
Project 1D: MCN Property ID Cade: MCN-#M +yt7 Project ID: MCN Property ID Code: MCN4551
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Structure No.:PO100 Latitude: 41114569¢27 Structure No.:PMoi Latitude: 4a14545154
Longitude: -10zms7a Longitude: •1162DS9712
Location: CHIAWANA PARK-EAST ENO Location: CWAWlANAPARK-EAST END
Structure Type: Structure Type;
FRAME OVvELUW-LABELED ON CRAWL SPACE IN CARPORT,OUTSIDE.METAL SLOE PUMPHOUSE-LABELED ON ENTRY BOX ON ROOF
Ramarka: Rernaft:
FRAME OWELUNG;"ARPORTAN'D PRIVACY FENCE CONCRETE PUMPHOUSE
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Projaru Property Haok Page 9 of 16 Project Property Book Page IO of L6
Project ID: MCN Property ID Coo.. MCN-5606 Project ID: MCN Property ID Code: MCN-4554
Structure No.:P0102A LaUtud6: 462462664E Structure No.:P0104 Latltude: 48.74493474
Longitude: -1102077336 Longitude: -»9.2087&58
LocatfOrl: CHIAWANA PARK•EAST END Loeatiorn: CHIAWANA PARK-EAST END
Structure Type: Structure Type:
SHOP-LABELED ON ELECTRCAL BOX BETWEEN DOORS COMFORT STATKON-LABELED UNDER PATO COVeR MEN$SIDE
Remarks: Re&srks:
METAL V ITH INSULATION;RESTRCOM INSIDE;WRING SUSPECT CONCRETE ELCGC COMFORT STATION
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Project ID: MCN Properly ID Code: MCN-8900 ProJect ID: MCN Property ID Code: MCN-9958
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Structure No.:P0406 Latitude Structure No,:P0407 Latitude:
Longitude: Longitude:
1.ocatlw CKAWANA PARK-EAST END Lo::aton:CNLAWA4A PARK-EAST END
Structure Type: Structure Type:
PARKING LOT-LABEL IS ON FLAG POLE ROAD-ABEL ON GATE POST ON NORTH SIDE OF ROAD
Remarks: Remarks:
25 X 70 YARDS:ASPHALT,WIGATE 2 LANE;ASPHALT;VeGATE(GOES FROM THE EAST END OF PARK TO TF-e WESTENO
OF THE PARK)
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Project ID: YICN Property ID Co,,,. MCN-8902 Project ID; MCN Property ID Coda: MCN-8899
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SlnicWm No.:30002 LaMude: Structure No.;T0001 Latkude:
Longitude: Longhuda
Location: CHIAWANA PARK-EAST END Location: C"AANA PARK-EAST END
Structure Type: Structure Type:
STORAGE SLALOING-;ABEL ON FENCE POST ATNOR'H END OP BUILDING PLAYGROUND EQUIPMENT-LABEL ON FLAG POLE
Remarks: Remaks:
NDOD NMAETAL ROOF;17 X 15;INSIDE FENCED ENCLOSURE METAL;(2>SUDES;SIMNGS;CLIMBING APPARATUS
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Project Property Book Page IS of)6 Project Property Book PW 16 of 16
Project ID: MCN
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Property 10 Code: MCN-8901
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Structure No.:Y00o2 Latitude:
Longituds
Location; CHAMIANA PARK.EAST END
Structure Type:
ENTRANCE SIGN-LABEL ON FLAG PO-E
Remarks:
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Project ID: MCN Property ID Coca: MCN-9018 Project 10: MCN Property ID Cade: MCN-9042
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Structure No.:C0o01 Latitude: Structure No.:FO4o2 Latitude:
Longitude: Longitude:
Location: C!4AWANAPARK.WESTEND Location: CHAWANAPAW-WEST END
Structure Type: Structure TyPW
COMFORT STATION-LABELED ON BACK.DOUBLE DOORS FENCE-LABE.10 ON NORTH CORNER POST OF FENCE,CLOSEST TO THE CINDER
BLOCK WALL
Remarks:
CONCRETE BLOCK:30'%15 R°L1nS Rtsl
NEWER CHAINL'NK SECTION IS 200 YARDS LONG BY 0 FOOT NICH W;M T GATES Am
1)DOUBLE 14'GATE.RUNS NEKTTO PARKING LOT AND ROAD LEAWNG TO EAST END
OF PARK(FENCE IN FAIR CONDITION.DOUBLE GATE W POOR CONDITION);OLDER
cMNUNK SECTION IS 0 FOOT HIGH BY 200 YARDS LONG,RUNS ALONGS.OE ROAD
FROM CROSSROAD 05 TOWARDS FAR WESTERN END OF PARK ON POOR CONDITION).
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Project Property Bonk Page 3 of 10 Pruj ea Properly Boak Page 4 of 10
Project 11): MCN Property ID Code: MCN-9039 Project ID: MCN Property ID Code: MCN-9041
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Structure No.:KDDOS LaMude: Structure No.N0172 LatitUds:
Longitude: Longitude:
Location: CHLAWANA PARK-WEST END Location: CHIAWANA PARK•WEST ENO
Structure Type: Structure Type:
BOAT DOCK-LABEL LOCATED ON SOUTH SIDE RAIL,AT JOINT IN RAMP 8XIS PATH-LABEL ON KIOSK OF CONCRETE Sk1ELTER
Remarks: Remarks:
BOAT DOCK INCLUDES GANGWAY,TOTAL OF 175 FEETLONG AND I FEET YNDE, ASPHALT;B FOOT WOE:COMES INTO THE WEST END OF PARK HEADS EAST(OR
WOOD)METALJCONCRETE JICE VERSA}.RUNS THE WHOLE LENGTH OF THE PARK.CLCSE TO THE RIVER
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Project ID: MCN Property ID Co— MCN-4553 Project ID: MCN Property lb Cade; MCN-8978
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Structure No.;P01o3 Latitude: 411.24953023 Structure No.:P4400 Latitude:
Longitude; •119216= Longitude:
Location: CHIA'NANA PARK-WEST END Location: CHLAWANAPARK•WESTEND
Strucblro Type: Sbuelure Type;
PUMPHOUSE-LABELED OVER DOOR PAPWi4G LOT
Remarks: Ramarks:
CONCRETE BLOCK PUMPHOUSE W1 EA TANK PRESSURE,315 GAL-0.4,4 EA 175 X 25 YARDS;LSHAP£D:ASPHALT
HYPOCHLMNATOR,PROPORTIONEERS SER,OTM 69992 MFS.1 FA PUMP,
UNNERSAL
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Project ID: MCN Property ID Code; MCN-9038 Project ID; MCN Property ID Code; MCN-9040
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Structure NO.:R02M Latitude: Structure NO.:Ram Latitude;
Longitude: Longitude:
Location;CHIAWAMA PARK-WES-END Location: OFIIAV"A PARK.WESTEND
Structure Type: Structure Type;
PICNC SHELTERS(3)-ON NORTH POST BEHIND THE SHELTER PICNIC SHELTER-LABELED ON KIOSK
Remarks: Remarks:
METALNVOCO:CONCRETE BASE;25'X 35'EACH SHELTERA:CLOSEST TDCOMFORT PUMICE BLOCK(ABOUT S'EXTENDED EACH WAY ON EACH CORNER:CONCRETE
STATION(DESIGNATION 1)B.CLOSEST TO BOAT DOCW'GANGWAY @ESIGN4TION 2)SASE;VMO TOP;3d X 30.MATH ROCK/rAR ROOF AND SOME OF THE ROCK I$
C:FI/RTHEST WEST.NEXT TO OLDER PICNIC SHELTER(DESIGNATION 3)LOOSE
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Project Property Boole Page 9 of 10 Project Property Book Page I Oaf 10
Project IDI MCN Property ID Co-: MCN-8998
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Structure Nu.:TDDJ2 Latitude:
Longitude:
Location: CHIAWANA PARK-WEST END
Structure Type:
PLAYGROUND EQUIPMENT-LABELED ON KIOSK CF!CONCRETE SHELTER
Remarks:
PLAB7IC,SLIDES,=AB7N0 APPARATUS,AREA AROUND PLAYGROUND ENCLOSED
NTH A CONCRETE PERIMETER:(4)HORSESHOE PITS;VOLLEYBALL COURT
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Page 1 of tb Pmject property Book Page 2 of 16
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Project ID: MCN Property ID Cote.: MCN-8939 Project ID: MCN Property ID Code: MCN-8938
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Structure No,:0 Col Latituda: Structure No.:F0401 Latitude:
Longitude; Longitude:
Locatfon, CHAMNA PARK-EAST END LOCAMW4 CFSAWANA PARK-EAST END
Structure Type: Structure Type:
BOAT RAMP•LABEL IS ON ENTRANCE SIGN FENCE-LABELED ON NORTHCORNER POST OF GATE
Remarks: Remark:
RAMP IS 35'MDE WITH ASSOCLA"ED—LRK-AROUND,RDADANO VARWNG AREA{58 X 41s'.ONG;6'TALL:CHAIN LINK V5 GATES
16 YARDS)BOAT RAMP CONUMON:5 CONSIDERED 3GOD,VYHILE THE PARKING AREA
S CONSIDERED FAR.
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Proiat Property Book Page 3 of 16 Project Property Book Page 4 of 16
Project ID: MCN Property kD Code; MCN-9478 Project ID: MCN Property ID Code: MCN-8916
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Structure No.:K=1 Latitude: Structure No.:MOW' Latitude:
Longitude: Longitude:
Location:CHIAVU.NA PARK-FAST END Location; CHWWANA PARK.EAST END
Structure Type: Structure Type:
BOAT DOCK STORAGE BUILDING-LABELED ON CORNER FENCE POST CLOSEST70 BUILDING
Remarks; Remarks;
MAINTlSHOP;CONCRETE BLOCK:24'X 30'
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ENVIRONMENTAL BASELINE STUDY
FOR
PROPERTY INSPECTION AND RECORDS EXAMINATION
EBS)
RECOMMENDATIONS:
X ACQUIRE/DISPOSE,TRANSFER/OUTGRANTPROPERTY AS IS
ACQUIRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY WITH
CLEANUP OF SOLID WASTE
ACQU IRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY WITH
CLEANUP OF HAZARDOUS MATERIAL
OBTAIN PHASE I/PHASE II ENVIRONMENTAL AUDIT
Exhibit E
i
PROPERTY INSPECTION CHE(,K LIST
FOR
ENVIRONMENTAL BASELINE STUDY
EBS)
Project Name: McNary Lock and Dam Project
Site Name: Chiawana Park and Columbia River Shoreline
Legal Description: Portion of Sections 20, 29, 28, 27 all in Township 9N, Range 29E.
Government Tract Nos.: XX-3561, XX-3500, XX-3559, XX-3558, XX-3557,
XX-3554, XX-3552, XX-3551, XX-3549, XX-3548, XX-3547, XX-3546, XX-3544, XX-3543,
XX-3542, XX-3541, XX-3539, XX-3538, XX-3537, XX-3536, XX-3534, XX-3533, XX-3532,
XX-3531, XX-3529
I. Environmental Conditions Observed:
NO YES
a. X Suspect/UnusualOdors
b. X Discolored Soil or Waste
C.X Discoloration of Water
d. X Distressed/Dead/Unusual Lack of Vegetation
e. X Abnormal Mounding
f.X Area(s) of Depression
g. X Other:
il. Other Observed Features:
NO YES
a. X Building/Structures (Active or Abandoned)
b. X Suspected Asbestos
C,X Above Ground or Underground Storage Tanks
d. X Landfills
e. X Surface Impoundments
f.X Underground Injection Wells
g. X Drums/Containers/Hazardous Material Storage Areas
h. X Lagoons (Wastewater or Hazardous Waste)
i.X Incinerator
j.X I Waste Piles/Disposal Sites/Pools of Liquid
k. X Oil-filled Electrical Equipment/Transformers
I.X J Standpipes, Vent Pipes, Etc., Coming out of the Ground
M. X Unexploded Ordnance
n. X Industrial/Commercial Facilities
o. X Wastewater Treatment Plant
P. X Discharges to Surface Waters or Drainage Ditches
Type: Stormwater Unknown
q. X Potential Environmental/Agricultural Problems on Adjacent Land
r.X Access (road, trails, etc.)
S.X Telephone/Power/Pipe Lines
t.X Mining/Logging/Grazing Activity
U. X Sick or Dead Wildlife or Domestic Animals
V. X ther: Possible lead-based paint, S"A waste dumping by public,
dead trees
Site Name: Chiawana Park and Columbia River Shoreline
Further Explanations Shall Be Noted on Exhibit "A" if Items under I and II are Checked yes,
Tract Owner Date of Last Deed Book Volume & Page,
Action Records of Franklin County, WA
XX-3562 August Schuman et ux 15 July 1952 771360
XX-3561 Louis Norling 18 Aug 1952 78 / 25
XX-3500 WB Smith et ux 3 May 1950 721437
XX-3559 Robert A. Gemmell, et ux 24 June 1952 771356
XX-3558 Gladys Thonney 27 June 1955 Civil Action 707
XX-3557 N.D. Sturgis et al 28 June 1955 Civil Action 752
XX-3554 Florence M. Merrick ,et vir 9 Nov. 1953 Civil Action 741
XX-3552 Florence M. Merrick, et vir 9 Nov. 1953 Civil Action 741
XX-3551 Florence M. Merrick, et vir 9 Nov. 1953 Civil Action 741
XX-3549 Albert E. Adams, et ux 21 May 1952 77 / 44
XX-3548 Harvey H. Olsen, et ux 21 Mar. 1952 75 / 51
XX-3547 Elmer E. Smith 23 June 1952 761242
XX-3546 Frank A. Vis eret, et ux 14 Feb. 1952 76 / 92
XX-3544 Albert E. Adams, et ux 21 May 1952 77 / 44
XX-3543 Fred Huber, et ux 21 Jan. 1953 80155
XX-3542 Merle G. Radelmiller 5 Mar. 1952 76 / 215
XX-3541 J.C. Bailie, et ux 24 June 1952 Civil Action 693
XX-3539 Harvy S. Cook, et ux 5 Mar. 1952 761458
XX-3538 Ray Z. Simons, et ux 2 Jul. 1952 77 / 231
XX-3537 Myron C. Radelmiller, et ux 24 Nov. 1953 Civil 612
XX-3536 Sanford Skidmore, et ux 13 Feb. 1952 76 / 134
XX-3534 Arthur E. Stromm, et ux 4 Jan. 1952 76 / 337
XX-3533 George Szal 19 April 1955 Civil Action 612
XX-3532 M.B. Summers 11 April 1952 761218
XX-3531 Warren P. Godfrey 25 Feb. 1952 761210
XX-3529 Grover C. Russell, et ux 18 April 1955 Civil Action 606
Ili. Previous Contamination Found:
Petroleum Products
Degreaser/Solvents
Pesticides
Herbicides
Radioactive
Heavy Metals
Organic Chemicals
Ammunition
Underground Storage Tanks
None
Other
Explanation and Date of A. , `Remedial Action Taken: Susgecttu contamination only. No
actual testing was done to determine presence of contamination; however, there are several
areas of discoloration inside building and! history of Product storage/use-
Has an EA or EIS Been Performed/Prepared? YES` or NO
Reconnaissance Sources
Site Visit
Public Records
Interviews (Stan Strebel (City of Pasco), Paul Shampine (USACE—Real Estate
Division), Lanell Adams (Natural Resources Mgr,USACE—Ice Harbor Project), Robert
Hays (Resource Maintenance Foreman, USACE—Ice Harbor Project))
Aerial Photos, (USGS, SCS, Tax Office,
Internal District Records
NO YES
X a. Permits
X b. Contracts
X c. Leases
X d. Easements
X e_ Deeds
X f. Licenses
X g. Other
Maps
Other
Note: Discuss Relevant Former Uses on Exhibit "B"
RECORD EXAMINATION
Based on a record examination, no apparent environmental contamination as referenced in the
Code of Federal Regulations C.F.R. was present which would indicate that hazardous, toxic,
or radiological waste had been stored, released, or disposed of on the property as of
Ion
Date)
Paul Shampine Signed:
Realty Specialist Date:
PROPERTY INSPECTION
Based on the attached Property Inspection Checklist, including surface observations only, by
the undersigned, no apparent environmental contamination as referenced in the Code of
Federal Regulations C.F.R. was present which would indicate that hazardous, toxic, or
radiological waste had been stored, released, or disposed of on the property as of
16 August 2007
Date)
Heather L. Humphreys Signed: r
Environmental Compliance Date: 31"August 2007
Coordinator, Ice Harbor
REVIEW
Based on the attached Property Inspection Checklist, no apparent environmental
contamination as referenced in the Code of Federal Regulations C.F.R. was present which
would indicate that hazardous, toxic, or radiological waste had been stored, released, or
disposed of on the property as of
Dat
Richard Carlton Signed:
Chief, Real Estate Division Date:
APPROVAL
Based on the attached Property Inspection Checklist, no apparent environmental
contamination as referenced in the Code of Federal Regulations (C.F.R.) was present which
would indicate that hazardous, toxic, or radiological waste had been stored, released, or
disposed of on the property as of tCPrO 1
Date)
Don Redman Signed:
Walla Walla District Environmental Date:
Compliance Coordinator
To:
SUBJECT: Request for Additional Baseline Study,,
Based on the attached Property Inspection Checklist, possible environmental
contamination as referenced in the Code of Federal Regulations (C.F.R.) may exist on the
inspected property. Request that additional Environmental Baseline Study and/or other
documentation be provided.
Date
GRANTEE:
I acknowledge receipt of this Environmental Baseline Study (EBS) and I agree that should I not
concur with the findings contained herein I will document my objections and substantiate the
reasons within 30 days of this day of
Name:
Signed:
Title: Date:
OR
acknowledge tie condition of this property as reflected in this Environmental Baseline Study
EBS) this day of
Name:
Signed:
Title:Date:
1
I _,iTHER EXPLANATIONS FOR ITL_,AS I AND fl
Il.a. Wells/wellhouses, including one abandoned wellhouse, irrigation pump, pumphouse 17-A,
restrooms (x2), house, shop, storage building, playgrounds (x2), boat launch, docks (x2), trail,
picnic structures (x3 small, x1 large shelter), parking lots, abandoned merry-go-round base
and seesaw pipe base.
ll.b. Based on age of facilities, asbestos is suspected. No testing was done to confirm.
ll.p. Stormwater drainage ditch at pumping plant/ditch 17-A.
11.r. Roads, trails, parking lots exist.
Il.s. Telephone, power, pipe lines exist. Easement for natural gas pipeline in place.
ll.v. Other:
Possible presence of lead-based paint, based on age of facilities. No testing was done
to confirm.
Presence of solid waste disposal by public, located north of boat launch river inlet area;
dumping includes railroad ties, metal signposts, concrete chunks, and asphalt.
Dead trees are located in few locations throughout park are in need of
removal/trimming.
Ill. Bold/underlined items indicate presence of possible contamination. No testing was done to
confirm; however, inside maintenance storage building, there were various minor residual
stains seen on the floor and on shelves inside cabinets. They appeared to be from various
petroleum and other chemical products. The cabinet had names of previous contents
handwritten on the inside door. Due to the history of typically used and stored products used
and stored for maintenance use, it is suspected that there may be contamination.
Cultural Resources Management Stipulations
Chiawana Park and Columbia River Shoreline Lease
Preface
The following guidelines have been specifically developed to identify the cultural
resources roles and responsibilities the Lessee will assume on those Federal
lands that are part of the Chiawana Park Lease Agreement (Agreement). While
ultimate responsibility for the oversight and protection of cultural resources rests
with the Federal agency (i.e. Walla Walla District, Army Corps of Engineers
Corps]), the Lessee will also assume a proactive role in meeting cultural
resources obligations. The following guidelines identify the actions and
procedures the Lessee will take in response to specific situations to insure
cultural resource compliance requirements are met and adequate protection is
provided to known cultural sites/resources.
Cultural Resources
Aside from the fact that Federal mandates exist which require that the effects of
actions by Federal agencies on these resources be considered, it is important to
define cultural resources and explain why efforts are being made to preserve
them.
Cultural resources are the nonrenewable remains of human activity, occupation,
or endeavor, reflected in districts, sites, structures, buildings, objects, artifacts,
ruins, works of art, architecture, and natural features, that are significant in
American history, architecture, archaeology, or culture. These resources consist
of (1) physical remains, (2) areas where significant human events occurred even
though evidence of the event may no longer remain, and (3) the environment
immediately surrounding the actual resource. They are the tangible
representatives of our past and are finite, unique, and non-renewable. Because
they are nonrenewable and are diminishing in number at an ever-increasing rate,
we must consider very carefully what these resources mean to us. The
preservation of cultural resources has social, psychological, economic, and
cultural benefits. Cultural resources are the artifacts of human behavior and
human belief. They provide us with a sense of our place in time and tradition by
acting as a tangible link with people who have lived before us and with those who
are yet to come. Cultural resources provide us with hard, physical evidence of
cultural continuity. See Appendix A, Cultural Resources Definitions.
Consultant
The Lessee shall provide evidence to the Corps that it has secured the services
of a qualified cultural resources consultant (Consultant) who meets the
professional standards set out by the Secretary of the Interior. Consultant
Exhibit F
services shall be secured and verification of availability of these services
submitted to the Corps' Real Estate Division as consultant services are required.
Compliance Process for Proposed Undertakings
As mandated by law and regulation (i.e. National Historic Preservation Act
Section 1061, and 36 CFR Part 800), Federal agencies are required to assess
potential impacts to historic properties (cultural resources) that might result from
proposed activities/undertakings. The Section 106 process must be completed
prior to the start of the activity itself. Therefore, the Lessee or its sub-lessees or
contractors shall not undertake construction, alteration, demolition, or ground-
disturbing activities of any kind on Corps leased lands and/or Corps owned
buildings until the following actions have been completed.
The Lessee shall submit a written description for each proposed activity (i.e.
undertaking) along with a map showing the location of the proposed undertaking
to the Corps' Real Estate Division. The Lessee will use the form provided in
Appendix C for submittal of required project information.
The Corps shall review each proposed undertaking to determine the extent of
required Section 106 activities including any testing, evaluation, or mitigation.
The Corps' Real Estate Division shall inform the Lessee of the required action(s)
to be taken in response to each proposed undertaking, The Lessee shall be
responsible for conducting any and all actions required by the Section 106 review
process, as well as any costs associated therewith. Only qualified cultural
resources personnel who meet the Secretary of the Interior's standards shall
conduct required cultural resources work (Appendix B).
The Lessee shall insure that an Archaeological Resources Protection Act
ARPA) application and permit is obtained by the entity performing the identified
investigations prior to conducting any identified cultural resources investigations
associated with a proposed project on Corps leased land. Both ARPA application
forms and permits are provided/issued by the Corps' Real Estate Division
Appendix D). A 30-day review period is required before the ARPA permit can be
issued. All reports and other documentation generated under ARPA permits will
be subject to Corps review and comment prior to the Lessee submitting final
copies.
The Lessee shall provide the Corps' Real Estate Division with a final report of
findings and/or other appropriate documentation as identified by the Corps that
summarizes the results of cultural resources actions taken in response to each
proposed undertaking. Any document prepared by the Lessee under an ARPA
permit or otherwise that identifies specific cultural resources site locations on
Corps land shall be exempted from public disclosure. The Lessee shall insure
i 1
that all information on site-specific locations is not released to the public and is
further limited only to personnel who need to be aware of such information.
The Corps shall consult/coordinate with appropriate parties (e.g. Washington
State Historic Preservation Office [SHPO], Indian tribes, etc.) regarding each
proposed undertaking. By regulation (i.e. Section 106 process), there is a 30-day
mandatory waiting period for subm itta Vreceipt of comments before a project can
proceed. (NOTES The 30-day waiting period is a minimum. Longer time periods
may be required depending upon the nature of the work, if cultural resources will
be affected, and the coordination process with consulting parties.)
The Corps shall obtain Section 106 cultural resources clearance for each
proposed undertaking and the Corps' Real Estate Division will notify the Lessee
when this has occurred.
The Lessee can proceed with each proposed undertaking only upon receiving
written confirmation from the Corps' Real Estate Division that the Section 106
process is complete for each specific activity.
NOTE: The Corps shall work with the Lessee to identify leased lands and/or
types of activities that may be exempted from Section 106 reviews. Any
proposed modifications to the Section 106 process will first have to receive
clearance and will be coordinated with the Washington State Historic
Preservation Office, appropriate Indian Tribes, and other interested parties.
If disturbance is encountered in the course of management activities, the Lessee
shall arrange for inspection of the disturbed area(s) by a qualified Consultant
within 48 hours of the time of discovery. The Consultant will determine if the
identified disturbance has impacted cultural resources. If so, the Consultant will
fill out the attached form (Appendix E) and the Lessee shall submit a copy of it to
the Corps' Real Estate Division within seven (7) days of the Consultant's
inspection. The Lessee will take additional steps to prevent further disturbance
from happening (e.g. additional monitoring, surveillance, etc.). If cultural
resources are being impacted, the Lessee shall also insure that the Corps' Real
Estate Division is notified within 24 hours of the Consultant's site disturbance
inspection. The Corps will assess the situation and in consultation with the
Lessee, determine an appropriate response.
Inadvertent Discoveries
In the event an inadvertent discovery (i.e. human remains or cultural material) is
made while ground disturbing activities are occurring or is otherwise discovered,
all work and other activities that might impact the find will immediately stop and
the Lessee will notify the Corps' Real Estate Division within 24 hours of
discovery. In addition, the Lessee will also insure the remains are protected from
further disturbance. No work in the discovery area will resume until Corps
1
cultural resources staff have assessed the find, determined the appropriate
actions needed, and completed all necessary compliance and coordination
activities. The Corps' Real Estate Division will notify the Lessee when work can
resume/proceed. If inadvertent discoveries are made outside of a ground
disturbing action (e.g. monitoring, recreation, etc.), the procedures identified in
the preceding paragraph that are appropriate for the particular situation will be
followed.
Emergencies
For purposes of these guidelines, an emergency is defined as a situation that
requires immediate attention to avoid material (i.e. property) and/or financial loss
or the potential for injury or loss of life. If an emergency situation should occur,
the Lessee will immediately contact 'the Corps' Real Estate Division, identify the
nature of the emergency, and identify the type of work required to address the
emergency. The Corps will review the information/situation and respond through
the Corps' Real Estate Division within 24 hours of notification regarding cultural
resources matters. The Lessee will take no action until notified by the Corps to
proceed with work unless loss of life or injury or loss of property is imminent. In
such cases, the Lessee will document the need for taking immediate action.
NOTE: Emergency situations should not be used as a means for circumventing
or shortening/abbreviating the Section 106 process.)
Lessee's Cultural Resources POC
Within 30 days of execution of the lease, the Lessee will provide the Corps' Real
Estate Division with the name of its designated cultural resources point of contact
POC)_
APPENDIX A
Cultural Resources Definitions
Glossary of Terms
adverse effect: the effect of any action or undertakiag,, which may
result in the deterioration of, damage to, loss of, or change in a
significant cultural resource (see effect) .
Advisory Council on Historic Preservation: a council established
pursuant to Title V of the National Historic Preservation Act of
1966 (NHPA) . Under the provisions of Section 106 of this Act, the
Advisory Council tm= be afforded an opportunity to comment on Federal,
Federally assisted, or Federally licensed undertakings which may affect
properties listed in or eligible for listing Q the National Register
of Historic Places. Tm addition, the Advisory Council providers advice
to the President and Congress on national preservation policy.
antiquities: those prehistoric and historic artifacts, objects, structures,
buildings, ruins, sites, and monuments of socio-cultural.or scientific
values which meet the general criterion of being more than 50 years old
100 pears old under the provisions of the Archaeological Resources
Protection Act 143 CFR 33) .
arahaeolo ical resource: all prehistoric and historic physical evidence
of past nyya activity, other than historical. documents, which can be
used to reconstruct the lifeways and culture history of past peoples.
These include sites, artifacts, environmental data, and all other
relevant information and the contexts in which they occur.
archaeology: the scientific discipline used in recovering, analyzing,
interpreting, and explaining the unwritten portion of man's historic
and prehistoric past, thus contribuing to our understanding of the
present and to our ability to prepare for the future.
architectural values: those attributes of structures and bu idings that
contribute to our knowledge of history of architecture or the archi-
tectural history of an area or region, or that are representative- of
the architectural heritage of the Ration, region, State, or locality.
artifact: any object made, modified, or used by man, or any evidence of
man's presence.
assemblage: remains treated as a unit because they are found together.
Assemblages with a characteristic make--up frequebtly are used to
discern components.
atlatl:' a board or stick with a handle at one end and a groove or
Pe- at ,tie other, used to increase range in throw-fag a dart, spear,
or Lance.
awl: a point of bone or flint (or of metal in the ethuoh=storsc period)
used for piercing holes.
B-
B.P. : before present; may also 'be read as "years ago." A way of
expressing the time of usez, manufacture, or burial,of a site or
object. If 'derived from radiometric or other absolute dating methods,
present" usuallq is defined as 1955 A.D.. Other systems of reference
include A.Di (anno d-oLini; dates begin with the year l of the modern
Western calendar) , B.'C. (before Christ) , and , .B.-C.E. (before the
Chtistian Era) ,
ba,te4u: a light, flat-bottomed boat.
bJface: an artifact worked on both faces, or sides (see uniface) .
blade: a kbfng,- narrow flake, usually struck from a ptepared core.
bolas: a huhti-ag weapon consisting of two of more gzooved stone balls
tied on thongs to a longet line; used to esitangle the kegs or wings
of prep.
burial,, extALnc%a&: a form of burial is which the body rests with legs
extended and arms at the side.
burial, flexed: a form of burial -hn which the body rests with arms
and/or legs bent up ageinst the body.
burin: a flake or blade stone tool with a small, angled, chisel-like
edge or sharp, beaked point.
C_
cairn: a =o'ugd of stones. Cairns vary, both in size and function.
Some cairns are known to mark burials.
cambium: the .inner bark of trees. ' Many species of trees were
stripped by Iadians for cambium, which is sweet and nutritious in
the season when the sap is high.
chipped stone: stone artifacts made by percussion and/or pressure
flaking techniques
chopper: an ax-like stone tool which is worked only, on, 'one edge.
chronclegy: (see dating) .
cobble tool: a stone implement made from a cobble.
complex: a pattern of traits, characteristics, or types that dis-
tinguishes a -g oup of assemblages and defines it as a group.
component: a unit or level within a site that is ethnically delimited
and represents a single period of occupation. The component is
analagcus to the settlement and is a manifestation of a phase at
a given locality.
core: a.-stone from which flakes have been removed to make implements;
a nucleus. A prepared care is one which has been purposefully
shaped so as to control the size and shape of flakes or blades being
removed. 'Artifacts made from cores are called "Care tools:'
cultural resource assessment: an evaluation of the significance of
cultural resources known to be present in an area and of potential
impacts and mitigation alternatives.
cultural resource management: the development and implementation of
programs designed to inventory, evaluate, protect, preserve,' and/or
make beneficial use of cultural resources and the natural resources
that figured significantly i±L cultural systems. The objective of
such programs is the conservation, preservation, protection, and
scientiacr stud, of these resources for the public good.
cultural resource overview: a professionally researched and written
narrative bf the prehistoric and h1storic human use and occupation
of an area from the earliest known occupation to the present . "
Activities and events discussed in the narrative are related as closely
as possible to the known or 'suspected cultural resources present. The
narrative provides a chronological and topical description and inter-
pretation of the prehistory and history. The cultural resource overview
provides a framework to assist in assessing the significance of cultural
resources and for interpretation; provides a context in which to deter-
mine the relationship and differences between the various cultural
resources within an area; and serves as one of the major sources of
background data for cultural resource assessments:
cultural resource rofessi6nal: A,ri individual, organization, or insti-
tution possessing capability through education, training, and exp er-
fence in the fields of anthropology, archaeology, history, architecture,
or a=chitecturai history, to obtain certification or recognition and
to perform professionally competent studies. Federal guidelines for
levels of professional expertise are.-included in 36 CrR 66 (Proposed) .
cultural resdiii ce's: those fragile and nonrenewable remains of human
activity, occupation, or endeavor, reflected in districts, Sites;
structures, buildings, objects, artifacts, reins, works of art,
architecture, and natural features, that were of importance in
human events. `these resources consist of (1) physical remains,
2) areas where significant human events occurred even though evi-
dence of the event may no longer remain, and. (3) the environment
immediately, surrounding the actual resource. Cultural resources,
including both prehistoric and historic remains, represent a part of
the continuum of events from the earliest evidences of man to the
present day.
dating: the arrangement of past events,or materials representing
theni,lato a 'sequence from earliest to most recent. Absolute dates
are based on precision dating techniques, such as dendrochronclogy
tr'ee-ring dating) and radiometric dating (dating through the
measurement of the disintegration of radioactive isotopes) , or
aetived from historical records, calendars, and other direct
histarica-1 sources. Absolute dates are expressed in terms of years,
and may indicate a range of time. Relative dates place: events or
matetials in relation to ane another; dates are expressed as earlier
than, coeval with., or later Lhan some other event.
debita e: waste material left by the manufacture of stone tools_ Also
referred to as '.1waste flakes."
iffusioin: 1 the transmission of cultural traits, n_ ractices, or materials
from oneigroup of people to another without an actual migration of
people. Traits may be transmitted as a result of trade, war, obser-
vation, dr other forms of communication and may reach groups far
beyead' the limit's of contact of the originating group,
district: a geographically definable area, urban or rural, .possessing a
s-ign-ificant concentration, linkage, or continuity of sites, buildings,
structures, or objects.wnich are united by past events or aesthetically
by 'plan or physical development. Individual elements which are
separated geographically, but are linked by association or history.
also may comprise a district.
drill: a stone bit or other device used for perforating or drilling
pur-poses.
E-
effect: any change in those qualities or characteristics of a cultural
resource which lend to its significance (see 36 CFR 800) .
ethnography: the branch of anthropology that deals descriptively with
specific cultures, such as those of the American Indian.
ethnohistory: ethnographic information that can be obtained from
historical documents, e.g. , diaries of early explorers, early news-
paper accounts, etc.
ethnology: the branch of anthropology that deals with the comparative
study of the cultures of various peoples, including their distri-
bution, characteristics, folkways, religions, and organization.
excavation, archaeological: the scientifically controlled recovery of
subsurface materials and information from a cultural resource site.
Recovery techniques are relevant to research problems and are designed
to produce maximum knowledg6 about the utilization of the site, its
relation to other sites and the natural environment, and its signifi-
cance in the development and maintenance of the cultural system.
Euroamerican: Americans of european descent. In the broadest sense, the
term sometimes is used to indicate any non-Indian.
feature: an area within a site where evidence of past human activity
can be detected. Features frequently are nonportable artifacts ,
such as fire hearths, storage pits, burial .pits, house floors, and
post molds. Although features aza themselves artifacts, they may
be defined by concentrations of artifacts_
flake: a spall removed from a larger stone by percussion-- or pressure-
flaking techniques. Artifacts made from flakes are called 'flake tools."
focus: a group of components that are characterized by similar traits.
The trait lists need not be identical, but they must be sufficiently
Simi-L'ar° to make it possible to differentiate between earlier and later
foci or, contemporary foci from other areas. This term frequently is
used s: a synonym for phase.
G-
graver: a small tool with a sharp port or edge .and used for trimming
or cutting.
grouxid stone: artifacts made by pecking and abrading the stone to its
final shape and finish.
hammerstane: a stolae used for hammering. May be grooved for hafting,
but more commonly is found ungrooved.
historical archaeolo investigations of sites of the archaeological and
historic period through the use of archaeological techniques.
historic preservation: a" general term covering the protection, rehabili-
tation, restoration, and reconstruction of districts, sites, buildings,
structures, and objects significant in American history, architecture,
archaeology, or culture. ( ,a'.v. National Historic Preservation Act of
1966; P.L. 89-665) .
f
horizon (herizon-stele) : a cultural class with extensive distribu-
tion in'space, but with restricted distribution in time. The
horizon is made up of a complex of modes or types which spread
so quickly it can be used to snychronize local sequences.
in situ: a latin phase meaning "in place:." Archaeologically the
term is applied to an object found in its original position or place.
informant: a person knowledgeable about the cultural resources and
past uses or history of an area, either through personal experience,
research, or hearsay.
intensive survey: a full-scale, thorough study, survey, and testing
of an area sufficient to locate and. ideatify all locatable cultural
pesources within that area. An intensive survey usually is sufficient
to evaluate the significance of identified resources, although
additional work is sometimes necessary.
inventory: a full description and documentation of a site, including
thorough library and archival research, informant interviews,
photographs, maps, drawings, measurements, and other such studies.
lag concentrate (lag deZosit) : a concentration of materials left
efi.Ind when finer sediments and materials are removed through wind
or water erosion.
lanceolate: shaped like a lance, being tapered at one or both ends.
11thic: of, or pertaining to, stone. Also used as an adjective suffix
64neting, pertaining to, or characteristic of a spec f is developmental
stage, as 'aleolithic or Neolithic.
M-
nano: a handstone used for grinding. Some writers used this name only
for stones used with a backward and forward motion for grinding grains,
seeds, etc. on a metate, while others apply it to all handstones,
including those which are used with milling stones and white may be
employed to grind seeds,. paints, etc.
maul: a blunted or rounded stone implement used for hammering,
poundizig, or pecking.
metate: cctamonly used to' ref am- to grinding stones with a more or less
trough-shaped depression result-ing from the use of a mane with a
backward and forward motion. These were usually used to grind corn.
See also milling stone) .
Hidden: a refuse deposit marking a human hab itatior, area. Middens
usually contain organic matter in various stages .of decay.
milling stone: a stone slab on which 'a handstone was rubbed with a
rotary motion, producing a shallow, bowl-shaped depression. Used
primarily to crush and grind wild plant foods, minerals'.. bone scraps,
and other materials .
mitigation: the alleviation or lessening of possible adverse effects of
an action on a cultural resource by application of appropriate pro-
tection measures or adequate scientific study.
mode: a class of attributes by which objects are described, defined,
and grouped.
mortar: a deeply basined stone used with a pestle for crushing or
pulverizing various materials.
National ,Register of Historic Places: the official list, established
by the Vistoric Preservation Act of 14,66, of the Nation's cultural
resourcds worthy of preservation.. The Register lists archaeological,
historic, and architectural properties (districts, sites, buildings,
structures, and objects) nominated for their local, state, or national
significance by Gtate or Federal agencies and approved by the Keeper
of the National Register.
Native Americans: refers to American Indians, Eskimos, Aleuts,
Hawaiians, and other peoples indigenous to North America and out-
lying states and territories .
P-
aalle`o_: a prefix meaning ancient or prehistoric; thus,paieoclimatic
refers to past climates.
pestle: a tool used to pound or pulverize materials in a mortar.
petrogi h: lines, images, or other marks incised into the surface of
a rock (see pictograph) .
phase: a class of occupations or group of components defining certain
traits, types, or modes and ,the 3.r persistence_ The phase is assumed
to relate to a particular culture (see focus) ,
I
pictograph: lines, figures, images, or other marks pafated on the
surface- of a rock (see petrog?yph) .
ithouse: a semisubterraneau dwelling constructed by excavating a
Pit into the ground surface and .erectimg a conical or peaked '
roof str-ucture over it. Pithouses varied greatly in size, depth,
and shape. Also written "pit house."
aoint: general term referring to any stone, bone, wood, or metal
a titact assumed; to have been used to tip a lance, spear, arrow,
or other such projectile weapon. glsc commonly referred to as
arrowheads. The use of the term point or proje.ctil.e point is
based more on shape than on implied function.
post mold (posthole) : indications in the soil, usually by staining
or the (inclusion of organic materials, of places where house
support members or other upright posts or poles once stood.
potholing, pothunting, potting: these terms refer to the practice of
unscient'i-fic, usually unauthorized, and frequently illegal excava-
ti,on and vandalization of archaeological. sites. Persons indulging
in such actions are referred to as "pothunters."
prehistoric: ' pertaining o that period of time before Witten history.
reservation_;, the long--term protection of a cultural resource in its
existing -c'ondition, form, and extent. Preservation of archaeological
data and materials may be accomplished through scientific excavation,
analysis, reporting, and curat:ion.
orobabiLty sampling; a sampling scheme designed to provide an unbiased
selection of sample units or of the population being sampled. Pro-
bability sampling entails the use of both probability and sampling
theory, as opposed to the use of a non-probabilistic 'sampling approach.
Probahility sampling allows the unbiased laws of chance, rather than
the biased selection of the. individual, to determine which sample
is selected for iiraestigation. It allows each sampling unit an
equal chance of being chosen. In this context, the term "proba-
hility sampling" is synonymous with the archaeologist's use of
the term "random sampling.,
protohistoric: the study of people who were livxag after written
history began, but who themselves did not maintain wiiLten records
or have writing.
1
provenience: the location of an object, artifact, or feature relative
to a fixed point or refarence. Provenience commonly is described
in terms of grid referents, stratigraphic levels, and vertical
location below or above a fixed plane of reference. It provides
fcr the scientific control of arti-facts and associations once these
have been removed or disturbed.
R-
reconnaissance survey: a prell-inar9 study of an area, including a
partial literature search and on-the-ground surface exam,_ntion of
selected portions of the area. The purpose of a reconnaissance
survey is to assess the general nature of the area and the cultural
resources which may be present and the potential for the occurrence
of such resources. This level of investigation is appropriate for
preliminary planning purposes and is useful far designing more
intensive studies.
relic collector: se.e potholing.
rock art: see petxoglyph and pictograph.
rockshelter: rockshelte#s differ from caves La that they are wider
than they are deep. Size and depth vary considerably.
reconstruction: to rebuild a structure using the best evidence avail-
able, including archaeological and historical research, .to restore
its original, appearance or its appearance at some subsequent .period.
relocation: the act of moving a cultural resource, usually a building
or structure, from its original or present location to a new location.
rehabilitation: repairing or remodeling a property to maintain or
achieve a predetermined level of cultural resource integrity.
replication: copy or reproduction of a cultural resource property
see reconstruction) .
restoration: the process of accurately re--establishing the form and
detail of the property or portioa of a property, together with its
setting, as it appeared in a particular period of time. This may
involve removal of later work that is not in itself significant and
replacement of missing origina1 work.
retouch: a secondary removal of small. flakes from a stone artifact,
using the pressure-flaking technique, ,for the purpose of modifying
or sharpening the cutting edge.
saiyage: the recovery of material and data from an asfectad or
threatened cultural resource, prior to its alteration or destruc-
tion, through recordation, documentation, partial or total•
excavation, and collection for anaiysis• and interpzetation.
scientific value: the importance attributed to a cultural resource
Q scientists and historians because of information it contains
that may contribute to the underst4nding of human behavior.
scraper: an artifact used for cleaning hides, scraping bone or
leather, shaving wood, etc. In archaeological references, unless
otherwise specif led, these usually are of stone. They are named
by the position of their cutting edge (end scraper, side scraper)
br by their shape (turtle back (flat on bottom and rounded on top) ,
snub-nosed or (thumb-shaped) , and keel scraper (keel-shaped) .
sedsonal round: this term refers to the practice of peoples moving
A,llywithin a given geographic area to obtain foodstuffs and
other resources which are seasonally available or abundant. usually
these moves weze accompanied by changes in group ' siZe and composition.
serrated: notched of toothed on the edge like a sass.
shuttle: a device used for holding or carrying thread, line, or other
material's in ~weaving or net making.
signilicance: the importance or value of a cultural resource as
measured against national, regional,. state, local, ox professional.
criteria. (For federal criteria, see 36- CFR 605 .
sinker: a stone or other weight, commonly grooved for attaching a
cord or line, used for weighting a net, weir, line, or other fish iag
device.
site: the location of past human activities of events, usually raving
some physical evidence of use or occupation. The term is most
commonly applied to archaeological remains, but may refer, to any
cultural resource. Sites are extremely variable in size, complexity,
composition, and function.
socio=cultural resource: places, objects, structures, and things of
importance to a subgroup of the population at large. Included are
values that reflect the concepts, religion, social heritage, habits,
skills, arts, and lifestyles of a given people.
stabilization: protective technique usually applied to structures,
sites, or ruins to keep them in their existing condition, prevent
further deterioration, and provide structural safety ;without
significant rebuilding,
stage: the level of development of a culture or technology or a
segment of a tradition.
State Historic Preservation Officer. (SHPO) : the official within each
State authorized by the Governor at the request of the Secretary
of the Interior to act as liaison for purposes of implemeattug the
National Historic Preservation Act of 1966.
stratified random s ling.- a sampling strategy placing greater
emphasis on areas known or presumed to have high or moderate poten-
tial for the.occurrence of cultural resources than on areas of lesser
potential. (See also probability sampling) .
surface collection: removal of cultural resource materials and remains
from the surface of a cultural resource property; should be accom-
plished systematically and with adequate recording of procedures and
findings.
surface disturbing activity: an activity which alters the physical,
chemical, hydrological, biological, morphological, etc.. , structure
or character ofthe ground surface. or features thereon.
T-
test excavation: the recovery of data and material through controlled
and limited .excavation of a portion of a cultural resource property,
using a sampling design, to acquire critical evaluation data.
time strati raphic marker: a natural or cultural entity, occurring
in an identiLable stratigraphic position within a site, whose age
is known and whose distribution in time is limited. Volcanic ash-
zalls are frequently used as ti=e stratigraphic markers. (See also
horizon) .
tradition::. a_ cultural class, mode, type, or phase displaying extensive
distribution in time, but limited distribution in space.
trait : an element, attribute, or characteristic, or group of' such
zharacteristics,which are used to describe or define artifacts,
classes, or modes.
1
U--
un,d'ertaking: any action, activity, or program, or the approval,
sanction, assistance, or support of any action, activity, or
program by a Federal agency. , (See also 36 CFR 800.3) .
unifa'ce: an aftifact worked on only one face or side.
weir: a device for trapping fish.
APPENDIX B
Professional Qualification-Standards
1
1983 Professional Qualification .jandards Page 1 of')
I-IFS PROFESSIONAL QUPIATIO
STA ARDs - 1983
In the September 29, 1983, issue of the 1- et the National Park
Service published the following Professional Qualification Standards as
part of the larger Secjera v, the interior' Stan r+13 ant! Cauidelinejl
Arqbg2lQgY and Historic Preservation_ These professional Qualification
Standards are in effect currently. Since 1983, the National Park Service
has not issued any revisions for effect, although the National Park Service
is in the process of draft7ng such revisions.
The following requirements are those used by the National Park Service,
and have been previously published in the Code of Federal Regulations,
36 CFR Part 61. The qualifications define minimum education and
experience required to perform ideutincation, evaluation, registration, and
treatment activities. In some cases, additional areas or levels of expertise
may be needed, depending on the complexity of the task and the nature of
the historic properties involved. In the following definitions, a year of full-
time professional experience need not consist of a continuous year of full-
time work but may be made up of discontinuous periods of full-time or
part-time work adding up to the equivalent of a year of full-time
experience.
T.tStQrY
The minimum professional qualifications in history are a graduate degree
in h stbry or closely related field; or a bachelor's degree in history or
closely related field plus one of the following:
1. At least two years of full-time experience in research,
writing, teaching, interpretation, or other demonstrable
professional activity with an academic institution., historical
organization or agency, museum, or other,professional
institution; or
2. Substantial contribution through research and publication to
the body of scholarly knowledge in the field of history.
Ageheology
The winirnurn professional qualifications in archeology are a graduate
degree in archeology, anthropology, or closely related field plus:
1. At least one year of full-time professional experience or
equivalent specialized training in archeological research,
administration or management;
2. At least four months of supervised field and analytic
hitp://www2.cr.nps.gov/Iaws/ProfQual83.htm 12!9/2003
983 Professional Qualificatio oti. andards Page 2 of 3
experience in general North American archeology; and
3. Demonstrated ability to carry research to completion.
In addition to these minimurn qualifications, a professional in prehistoric
archeology shall have at least one year of hill-time professional experience
at a supervisory level in the study of archeological resources of the
prehistoric period.
A professional in historic archeology shall have at least one year of full-
time professional experience at a•supervisory level in the study of
archeological resources of the•historic period.
Architertnral Riatpa
The minimum professional qualifications in architectural history are a
graduate degree in architectural history, art history, historic preservation,
or closely related field, with coursework in American architectural history;
or a bachelor's degree in architectural history, art history,historic
preservation or closely related field plus one of the following:-
1. At least two years of full-time experience in research,
writing, or teaching in American architectural history or
restoration architecture with an academic institution,
historical organization or agency, museum, or other
professional institution; or
2. Substantial contribution through research and publication to
the body of scholarly knowledge in the field of American
architectural history.
Architecture
The minimum, professional qualifications in architecture are a professional
degree in architecture plus at least two years of full-time, experience in
architecture; or a State license to practice architecture.
styric
The mb3imum professional qualifications in historic architecuue are a
professional degree in architecture or a State license to practice
architecture, plus one of the following:
1. At least one year of graduate study in architectural
preservation, American architectural history, preservation
planning, or closely relaxed•fiel4; or
2. At least one year of full-tLme professional experience on
historic preservation projects.
ht:://www2.cr.nps.o ov/laws/ProfQual83.hun 12/9/2003
a
983 Professional Qualificatioi. audards Page 3 of 3
Such graduate study or experience shaU include detailed
investigations of historic structures, preparation of historic
structures research reports, and preparation of plans and
specifications for preservation projects.
x
Last hhcoified:Thursday.June 3,1999 08:09:30 am EDT
L.3
Lttp:Hvr,,vw2.cr-aps.gov/laws/ProfQual8'j.h= 1219/2003
APPENDIX C
Request for Cultural Resources Review
y I
Review TraddN Number.
Request for Cultural Resources Review
for Walla Walla District, US Army Corps of Engineers
Direct Fora and Cultural Resource Questions To: Mona Wright, Phone 509.527.7278 FAX 509.527.7832
Date Received At District: Date Findings Requested By:
Primary Contact: Project:
E-mail:
Telephone: Fax:
Secondary Contact:Project:
Email:
Telephone: Fax:
Project Name:
Project/Contract Number:
Project Manager:
Project Description, including Time Pedod over which proposed actiortwill occur.
Project Dimensions.
Depth of Excavation(s):
Please also provide the following.
1. Overview map showing project location (or other suitable map to assist in finding the project site).
2. Map or scale drawing showing all excavation areas and/or building alterations (including water,
sewer, and power lines, etc.), par-king, topsoil storage areas, equipment staging areas, access roads, and
utility corridors,
Project Location:
Oworshak Ice Harbor Q Little Goose McNary
Lower Granite Lower Monumental IJ Lucky Peak Mill Cre-ek 0 Other
Submitted By: Telephone:
SuemFr A COPY OFTFJS REQUEST TO THE PROJEC7 MANAGER UNDER WHOM THEIR PROJECT FALLS
APPENDIX D
A PA Apphcation & Permit Forms
OM13 APPROVAL NO. 10240037
Expires 30 June 1989
DEPARTMENT OF THE ARMY
APPLICATION FOR A FEDERAL PERMIT
UNDER THE ARCHAEOLOGICAL RESOURCES PROTECTION ACT
approved.October 31, 1979
Public Law 96-96; 93 Stat. 721; 16 U.S.C. 470aa-11; 32 CFR 229)
NAME OF PROJECT OR INSTALLATION.
All information requested must be completed before application will be considered. Use separate sheets of
paper if more space is needed to complete a section.
1. Name of Institltion of Individual 2. Date of Application
3. Address (include Zip Code)
4. Type of Perrart Requested:
a. Surveys, limited testing/limited collections of lands identified in No. 5.
b. To excavate, collect, and make extensive collections on specific sites described below in No. 5.
5. Lands of the United States for which permit is requested:
a. Description: Specify military installation or civil wor!cs project. If on surveyed lands, description must
be by subdivisions of the Public Land Surveys. If on unsurveyed lands, description must be by metes
and bounds with ties to some topographic feature.
b. Appropriate map(s), sketch, or plan showing specific sites or areas for which permit is desired.
Use separate sheets, if necessary, and attach a copy of the application).
6. Nature and extent of the work proposed, including how and why it is proposed to be conducted:
E:VG FORM 4922-R, Oct 88 EDITION of cEc BE is 08soLS-7E. rER 405-1-:2 J Page I of 2 Pages
1
7. Name, address, and institutional affiliation, if any, or persons in "a" and "b° below:
a. fndividual(s) proposed to be responsibie'for carrying out the terms and conditions of the permit,
in general charge):
b. Individuals) proposed to be responsible for conducting the work, fin direct charge of field work):
Inciude as part of the application, evidence of qualifications, in accordance with 32 --FR 229.8
of the Final Uniform Regulations.
8_ Proposed date field work will begin: 9. Proposed time of performance:
10. University, museum, or other scientific or educational institutions in which the applicant praposes'to
store all collections, and copies of records, data, photographs, and other documents derived from the
proposed work. (The application must include a written certification, signed by an authorized official of
the institution, of willingness to assume curatorial responsibifity,,and to safeguard and preserve these
materials as property of the United States, or in the case of an application on Indian lands, in the event
the Indian owners do not wish to take custody.)
1 1. Proposed outlet for public written dissemination or the results.
12. Evidence of the applicants' ability to initiate, conduct, and complete the proposed work, including
evidence of logistic.`support and laboratory facilities.
13. Certification:
I hereby cartify that all materials will be curated within 90 days after completion of the final
report in accordance with 32 CFR 229.8 of the final regulations.
SIGNATURE (Individual in General Charge)
14. Complete and return two (2) copies to the District Commander.
Reverse o1 JvG,FQ/3M 4922-R! Page 2 of 2 Pages
DEPARTMENT OF THE ARMY
ARCHAEOLOGICAL, RESOURCES
PROTECTION ACT PERMIT
NAME OF PROJECT OR INSTALLA71CN:
Please use this number when
referring to this permit.).
NO.
To conduct work upon public lands owned or controlled by the Department of the Army under the
Archaeoiagical Resources Protection Act(93 StaL 721,_16,U.S.C_ 470aa-11) approved October 31, 9979 and
the regulations thereunder (32 CFR 229).
1. PERMIT ISSUED TO: DATE:
2. NAME, ADDRESS AND OFFICIAL STATUS OF PERSON:
a. In general charge:
b. In actual direct charge:
3. UNDER APPLICATIQN DATE:
4. AUTHORIZES:
d. ON LANDS DESCRIBED AS FOLLOWS:
6. FOR PERIOD:
7. MATERJALS COLLECTED UNDER THIS PERMITV%LL BE DEPOSITED FOR PERMANENT
PRESERVATION IN THE
OR IN OTHER ACCREDITED INSTITUTIONS UNDER SUITABLE LOAN AGREEMENTS.
A COPY OF A CURRENT, VALID CURATION AGF E-EVENT MUST BE KEPT ON FILE
WITH DISTRICT COMMANDER.
4G FORM 4923-R, Oct 88 EDMON Or DEC aS IS OBSOLETE (ER 405-1-72) Page I of 4 PSMS
I
S. CONDf i ONS
This permit is subject.to the provisions of the Archaeological Resources Protection Act
approved October 31, 1979, and the regulations, thereunder, Including 32 CFR 229.7 as to
Indian lands, and the following conditions:
a. Archaeological resources shall be analyzed and recorded in the field as much as possible.
Collection of cufturai resource material solely for later laboratory analysis is discouraged.
The grantee will specify in the application when laboratory analysis is anticipated.
b. Collections of archaeological resources, artifacts and other material removed from public
lands under the provisions of this permit remain'the property of'the United States.
Government and may be recalled at any time for use of the Department of the Army or
other agencies of the Federal Govemment
c. The following individual(s) are authorized to be in direct charge of field work conducted
under this permit:
1)
2)
3)
d. The person(s) in direct charge of field work shall be on-site at all times when work is in
progress. Failure to comply with permit stipulations will result in removal of subject's
name(s) from the approved list of persons-in=direct charge.
e. During the course of the activities conducted under this permit, the District Commander,or
his representative shall have access to the'stddy area of this permit, and during or after
completion of this work shall have the right'tb inspect all artifacts or other materials
removed.
f. At least three copies of all published journal articles (reprints) and other published or
unpublished reports and manuscripts resulting from work conducted under this permit shall
be filed with the Commander.
g. Upon request, all field notes, records, photographs, and other data related to this permit
shall be made accessible to the COE Archaeologist for review.
h. Temporary stakes and/or flagging used to 'dentify sites shall be removed upon completion
of the project unless otherwise authorized-
i. Vehicular activity shall be restricted to existing roads and trails unless otherwise authorized.
Care shall be exercised to avoid directly or indirectly increasing access or potential
vandalism to cultural resource sites.
Disturbed areas shall be kept to a minimum s&-e consistent with the purpose of the study.
G;-ORIvf 4923-M Page 2 of 4 Pages
k. Permittee shall take adequate precautions to prevent livestock,wildlife, and the public from
injury in any pit or trench.
I. All test holes shall be backfriled.
m, living trees shall not be cut or otherwise damaged, unless authorized by the District
Commander.
n. Proper precaution shall be taken at all tames to prevent and suppress fires. The permittee
shall be held responsible for suppression costs for any fires on public lands caused through
negligence of the permittee or nis authorized representatives. No burning shall be allowed
without specific permission.
o. Improvements such as fencing, reservoirs, or other improvements within the permit area shall
not be disturbed unless-prior written approval is obtained from the District
Commander. Any improvement disturbed shall be left in its original or better condition, as
determined by the District Commander.
p. The permittee shall be responsible for cleaning up all camp and work sites before leaving the
area. Caution shall be taken to prevent littering and poiiution on public lands or on
adjoining properties. Refuse shall be carried out and deposited ip approved disposal areas.
q_ In the event that the land in question is under lease or outgrant to a third party, the permittee
shall obtain approval and permission from the third party and shall fully compensate the third
party for damages caused by the activities of the permittee.
r. The District Commander reserves the right to terminate this pen-nit at any time.
s. Possession or use of firearms on the perrhitr%rea is prohibited.
t The United States shall not be responsible for damages to property or injuries to persons which
may arise from or be incident to the use and occupation of the said premises, or for damages to
the property of the permittee, or for injuries1a the person of the permittee (if an individual), or
for damages to the propety or injuries to the person of the permittee's officers, agents,
servants, or employees, or others who may be on said premises at the invitation of arty one of
them, arising from govemmental activities, and the permittee shall hold the United States
harmless from any and all such claims except for claims arising out of the negligence or willful
misconduct of the Govemments officers, agents, servants or employees.
u. SPECIAL CONDITIONS, as marked X in appropriate box on attached sheet.
9. PRELIMINARY REPORT: Within approximately weeks of the conclusion of field worts a
preliminary report of work performed under this permit, illustrated with representative photographs
and listing new and sign cant collected materiais should be furnished the District Commander.
M WITNESS WHEREOF. I have hereunto set mi hand by the authority of the Secretary of the Army.
3 FORM 4923-rZ)Page 3 of 4 Pages
SPECIAL CONDI T IONS
a. This permit shall not be exclusive in,character, and there is hereby reserved unto the
Government the right to use, lease or permit the use of said land or any part thereof for any
purpose.
b. Other institutions may be engaged in archaeological research in the general area covered by
this permit, and in case there should be con#lic:twith respect to a site not specifically designated
in a permit, the parties concerned shall reacn agreement between themselves as to which snail
work the site.
c. Transportation in Department of the Army vehicles cannot be furnished, except in cases where
no extra expense to the Department is involved.
d. ,all costs shall be borne by the pernittee.
e. The expicrabon or excavation of any Indian grave or burial ground on lands under the
jurisdicticn of the Department of the Army is restricted solely to qualified archaeologists. No
Indian grave or burial ground may be investigated without permission of the governing council
of Indians concems, which suppiementa.i authority must be prompdy recorded with the official in
charge of the designated area.
f. All excavated areas shall be restored by filling in the excavation and otherwise leaving the area
in a near to original condition as practicable.
g. The permittee shall conduct all operationsi1rt such a manner as to prevent the erosion of the
land, pollution of the water resources, and damage to the watershed, and to do all things
necessary to prevent or reduce to the fullest extent the scarring of the lands.
h. Any findings of mined or processed precious•metals or other treasure trove in the area covered
by 'this permit are the exclusive property of the Government and shall not be removed from the
site without specific written permission from the Department of the Army.
i. Copies of the final report, accompanied by a completed Defense Technical Information
Center (DTIC) report, DD Form 1473;will be submitted to the District Commander.
j. Before undertaking any work on lands administered by the Department of the Army, clearances
El should be obtained from the official in charge of the area.
k. Eefore undertaking any work on Indian tribal lands or any individually owned frust or restricted
Indian lands, clearance snould be obtained from the Bureau of Indian Affairs official having
immediate jurisdiction over the property.
FORM 492:R)
Page 4 of 4 Pages
APPENDIX E
Inadvertent Discovery Form
J
U. S. Army corps of Ez, neers;Walla Walla District
Cultural and Historic Resourcaes Program
Inadvertent Discovery Report
1.
J
Burial Today's Date:
Isolated bone(s) Observers Name(s):
Multicomponent Project;
Artifacts Site Name/#:
Burial •
2. Who reported the rernains?Name: Phone#
r,mplover.•
3. Wear was reported?
4. When was it reported and to whom?
5. Land on which the discovery was made?
Federal Private City State County
Landowner:
6. Describe Access ro the site:
LiulprOlc'Cri'Je 72e1`'SLirOS were tali°7'i Ili SG G'i:1"C' CI;2a 17."OIE l dhG 5lie? C7L'eC.VE
measures must not aisrurb evidence if size is a potential crime scene.)
8. Describe the event(s) which resulted in the discovery:
9. What is the current-status of the remains?
i
1 D. Do you believe there was an ARPAINAGPRA violation of state law?Explain.
11. Record the burial site (include a description of the feature or associated features and
all associated arr facrs j. If no burial feature is present, record the condition of the
bones and the surrounding conditions.
12. Date that the site was fully recorded in the field:
13. Date of reinternment: Place:
Dare of restoration:
14. Legal Description (if remains are found in the field):
114 of 114 of 114 of, Section Township Range
UTM: Zone rn; m
GPS Location:
USGS Guad. Name: s
Series: 7.5 Min. Date
PEST CONTROL PLAN 3
GRANTEE:DATE: OUTGRANT NO.: W912EF- x
W
A CTUAL USE - PREVIOUS YEAR
Name of Pesticide EPA Registration No Classification Quantity of Area Treated Target Pests Location of Use
Restricted) a cres-spoo Iawjp,building.etc)•
LA NO ACTUAL USE
N
f+
PEST CONTROL PLAN
now
M
GRANTEE:DATE: OUTGRANT NO.: W912EF-
W
ANTICIPATED USE — UPCOMING YEAR
Name of Pesticide EPA Registration No Classification Quantity of Area Treated Target Pests Location of Use
Ge'nefal or R of building.
NO ANTICIPA TED USE
NPWOt-,PESTICIDE APPLICATION REICORD
Project: Operator:
Certification: Date:
Pest Treated:
Site Treated:
Purpose:
Conditions During Treatment:
Air Temp: Water Temp:
Overcast:Wind Dir.: Vel.:
Pesticide Record:
Common Name: Active Ingredient:
Manufacturer: E.P.A. Reg.:
Registered Use:
Mixture or Form Applied:
Application.Rate Gal/AC: Lbs/Ac:
Method:
Special Precautions:
Accumulative Treatment: (Quantity of pesticide applied to a given area)
TREATM ENT TAL LY WORK TALLY
Units Treated Quantity Used Survey Labor Supervision
Previous
Prese nt
Total
COOPERATING AGENCIES:
MONITORING:
REMARKS:
I hereby certify that this information is a true and correct record of pesticide application as required by the state in
which this application was made.
Signature of Operator)
NPW Form 178e
May 1979
Exhibit H