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HomeMy WebLinkAboutC2023-305 - 2/28/2023 - Approved MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS WHEREAS, the City of Corpus Christi, acting through its Corpus Christi International Airport (CCIA), is proposing demolition of the Gault Hangar at CCIA due to safety concerns (Attachment A: Project Description); and WHEREAS, the proposed Gault Hangar Project (the Project) traverses through the county of Nueces (Attachment B: Location Map); and WHEREAS, the Gault Hangar, is also known as East General Aviation Hangar No. 1 and has associated office structures; and WHEREAS, a structural engineering assessment of the Gault Hangar indicates that the hangar suffers from prolonged moisture damage and severe systemic corrosion of steel reinforcing and is in a highly deteriorated structural condition; and WHEREAS, the Project is an undertaking as defined in 36 C.F.R. § 800.16 (2014) subject to review under Section 106 of the National Historic Preservation Act [54 U.S.C. § 306108 (2014)] (NHPA) and its implementing regulations at 36 C.F.R. § 800 (2014), and the Federal Aviation Administration (FAA) and CCIA have consulted with the Texas Historical Commission (THC) acting as the State Historic Preservation Officer (SHPO) to consider the effects of the undertaking on historic properties; and WHEREAS, the FAA submitted a Request for SHPO Coordination on March 15, 2021, describing the proposed project of the demolition of the Gault Hangar; and WHEREAS, in a letter dated April 15, 2021, the SHPO responded recommending that the Gault Hangar is eligible for listing in the National Register of Historic Places (NRHP) and responded that if demolition cannot be prevented on the Gault Hangar, then appropriate mitigation measures are to be prepared and the FAA will enter into a Memorandum of Agreement (MOA) to execute the mitigation; and WHEREAS, on November 23, 2021, FAA responded to the April 15, 2021, SHPO letter stating that the CCIA will coordinate with their environmental and engineering consultants to negotiate appropriate mitigation and to enter into a MOA to execute the mitigation, and FAA provided to the SHPO a structural Observation Report of the Gault Hangar which described the deterioration of the resource; and WHEREAS, on December 20, 2021, the SHPO responded via electronic THC Review and Compliance (eTRAC) recommending that demolition of the resource would have an adverse SCANNED effect on historic properties, and acknowledged the FAA's intention to continue the Section 106 consultation process and to enter into an MOA to resolve adverse effects pursuant to 36 C.F.R. § 800.6(c) (2014), which will govern the implementation of the undertaking and satisfy FAA's obligation to comply with Section 106; and WHEREAS, on December 20, 2021, the SHPO responded via eTRAC that the FAA will submit to the Advisory Council on Historic Preservation (ACHP) the adverse effect determination and to provide the ACHP's response to the SHPO, and that the FAA prepare a list of consulting parties for additional mitigation input on the adverse effects; and mitigation measures, and developing the MOA; and WHEREAS, pursuant to 36 C.F.R. § 800.6(a)(1) (2014), FAA notified the ACHP of the determination of adverse effect and intention to enter into a MOA with specified documentation on September 28, 2022, and the ACHP chose not to participate in the consultation pursuant to 36 C.F.R. § 800.6(a)(1)(iii) on October 18, 2022; and, WHEREAS, CCIA will have roles and responsibilities in the implementation of this MOA, and FAA invited CCIA to sign this MOA as an Invited Signatory; and WHEREAS, the FAA held a meeting with consulting parties [Nina Nixon-Mendez, Corpus Christi Historic Preservation Officer; Ben Koush, Ben Koush Associates; David Richter, Richter Architects; Jay Porterfield, American Institute of Architects Corpus Christi Chapter; and Christopher Medina for Elizabeth Porterfield, MidTexMod] and the SHPO on June 30, 2022, to discuss the project, the condition of the Gault Hangar, and to present proposed mitigation measure options; and WHEREAS, the FAA provided meeting notes and documentation of the June 30, 2022, meeting, including the engineering structural report and responses to consulting parties' input, to the consulting parties on August 19, 2022; and WHEREAS, the FAA has invited the consulting parties to each sign the MOA as a concurring party per FAA policy; and WHEREAS, a Draft Environmental Assessment (EA) is being prepared to inform the public of the potential environmental, social, and economic impacts associated with the proposed Gault Hangar Project and the No-Build Alternative; and NOW, THEREFORE, FAA, CCIA, and the SHPO agree that the Project shall be implemented in accordance with the following stipulations to consider the effect of the Project on historic properties, mitigating the adverse effect on historic properties, and satisfactorily completing FAA's Section 106 responsibilities under the NHPA. 2 STIPULATIONS The FAA, in coordination with CCIA, will ensure that the following stipulations are implemented and will be included as conditions for the demolition of the Gault Hangar: Professional Qualification Standards CCIA will ensure that all actions prescribed by this MOA are carried out by, or under the direct supervision of, qualified professional(s) who meet the appropriate standards in the applicable disciplines as outlined in the Secretary of the Interior's Professional Qualifications Standards(36 C.F.R. § 61), II. Modified Historic American Building Survey Documentation of the Hangar A. CCIA will prepare documentation of the Hangar to meet modified Historic American Building Survey (HABS) Level I standards. The HABS Level I standards are defined in the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation. Modified Level I documentation will include: 1. Archival-quality prints of photographs documenting the Hangar's present appearance and major structural or decorative details taken using large- format black and white film and processed following the National Park Service guidelines for prints; 2. Written report, including history and physical description, following the outline format for HABS Level I documentation; 3. U.S. Geological Survey topographic map identifying the location of the Hangar; and 4. Preparation of 3D documentation using drone technology to produce digital documentation in lieu of measured drawings of the Hangar, since the original drawings do not exist. B. CCIA will submit a draft of the modified HABS Level I documentation via the eTRAC System to the SHPO. The SHPO will have 30 calendardays upon receipt to review and comment on a draft of the documentation. Failure by the SHPO to provide comments in accordance with this stipulation may be taken to indicate acceptance by both parties. CCIA will make a good-faith effort to address any comments provided by the SHPO. C. Upon acceptance of the draft documentation by the SHPO, or determination by SHPO that the documentation is sufficient, demolition of the Hangar may commence. 3 D. Within 45 days of the acceptance of the draft documentation by the SHPO, final documentation, including archival prints of photo documentation, will be provided to the SHPO, and CCIA. Final print documentation will be printed on archival paper, and negatives will be provided to the CCIA. Digital files will be provided to the SHPO, CCIA, City Historic Preservation Office, Corpus Christi Libraries Department, and Texas A&M University—Corpus Christi library on archival media. E. The final documentation will not meet HABS standards and is not to be submitted to the HABS Collection in the Library of Congress. Ill. Interpretive Sign To provide education information to the public upon completion of the Hangar demolition and for its use within the newly proposed pedestrian/travelers outdoor space, CCIA will design and install an interpretive sign detailing the history of the Hangar as well as the history of the Corpus Christi International Airport. A. CCIA will develop the interpretive sign's content and design, in consultation with SHPO. The interpretive sign will include narrative historic context and historic photographs. The sign will be fabricated of weather resistant materials. B. CCIA will submit a draft design plan for the interpretive sign to SHPO via eTRAC. The draft design plan will include, but is not limited to, information on size, location, materials, design, and content of the interpretive sign. SHPO will have 30 calendar days to provide comments on the draft design plan. If SHPO does not provide comments within 30 calendar days, CCIA will assume concurrence and proceed according to the submitted plan. C. CCIA will consult with SHPO to address comments provided in accordance with Stipulation IIIB and submit a final design plan via eTRAC for SHPO concurrence. SHPO will have 30 calendar days to accept or amend the final design plan. D. CCIA will install the interpretive sign following creation of the new pedestrian space located on airport property. Location of the pedestrian space to be determined by CCIA. IV. Timed-Lapsed Videography of Demolition of Hangar To provide educational information related to construction methods and materials, CCIA will conduct videography during the demolition of the Hangar. A. Videography shall be conducted in time-lapsed sequence to show demolition of areas of the Hangar. B. Videography shall be posted to the CCIA website and/or to a social media platform which is maintained by the CCIA. 4 V. Preparation of CCIA Website Information To provide educational information to the public, CCIA will prepare a historic context for posting to the CCIA website. A. The historic context will discuss the development of the Hangar, and the relationship of the company who constructed the Hangar, to the CCIA. VI. Preparation of QR Code Describing History of Hangar For ease of access to data posted online as part of this MOA, CCIA will produce a graphical quick response (QR) code linking to the online data. A. The QR code shall be prepared using commercially available software and provided on the interpretive sign and any print material related to the Hangar. B. The QR code shall be created once CCIA has established a permanent online location for the digital data. VII. Preparation of Article on Hangar for Posting to Texas Online To provide educational information to the general public, CCIA will prepare an entry for posting to the Texas State Historical Association (TSHA) Handbook of Texas. The Handbook is a digital state encyclopedia which is free and accessible on the internet for teachers, scholars, students, and the public. A. The entry will discuss the history of the developers, flying clubs, construction methodology, and impact of the Hangar to the community and the CCIA. B. The CCIA will submit the entry to the TSHA for review, and if accepted, the TSHA will post the entry to their website. VIII. Preparation of 3D Modeling on Hangar for Posting to CCIA Website linked to QR Code and as Attachment to HABS Documentation To provide the equivalent of architectural drawings of the Hangar, 3D Modeling will be prepared and attached to the HABS Documentation package, as part of Stipulation II. The 3D Modeling will also be used by the CCIA on their website (Stipulation V) and attached to the QR Code (Stipulation VI). A. Digital files of the modeling will be supplemented with a summary letter report. The digital files (each category may have multiple files) may consist of 1) a 3D object file (.obj) or alternative scaled to real-world dimensions; 2) a material and/or texture file 5 (.mtl and/or .jpg); 3) optional original digital source photos (.jpg); and/or 4) optional Agisoft Metashape working file(s) (.psx) and/or archive file (.psz). B. A summary report will be prepared which will describe the drone images which were captured. A DVD will be provided with the images to SHPO, CCIA, the City Historic Preservation Office, the Corpus Christi Libraries Department, and Texas A&M University—Corpus Christi library. C. The digital files will be made available on the CCIA's website or equivalent for the general public to view, with links provided through their website and through the QR Code. IX. Inadvertent Discoveries In the event that the Project will affect a previously unidentified property that may be eligible for inclusion in the NRHP, CCIA shall require work in the area of the discovery to cease until actions that will consider the effects of the Project on the property can be implemented. CCIA shall immediately notify FAA of the discovery and provide FAA with the information required to request the SHPO's comments pursuant to 36 CFR 800.11(b)(2)(ii). Letters requesting input and comment were sent to federally recognized Indian tribes on November 15, 2022. One response was received on November 15, 2022, from the Kickapoo Traditional Tribe of Texas stating no known effects to any cultural or historical sites are anticipated from the proposed project. No other responses were received from federally recognized Indian tribes. If Native American human remains and/or objects subject to the provisions of the Native American Graves Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001 et seq.], i.e., burials, associated and unassociated funerary objects, sacred objects and objects of cultural patrimony, are encountered during the Project, CCIA shall immediately notify the FAA so that FAA can consult with the appropriate federally recognized Indian tribe(s) to determine appropriate treatment measures for these human remains in agreement with 36 CFR 800.13(b)(3) (2014). It shall be the responsibility of CCIA to either preserve in place or repatriate these humans remains, depending on the agreed upon determination of the tribe(s). If remains / objects subject to NAGPRA are encountered prior to completion of the transfer, the rules of NAGPRA disposition will be followed by CCIA. Nothing in this agreement shall be construed to contradict this stipulation. In the event of inadvertent discovery of archaeological materials not subject to NAGPRA, work shall immediately stop in the area of discovery and FAA shall comply with 36 CFR 800.13(b)(3) (2014) to notify and consult with the SHPO, federally recognized Indian tribes that might attach significance to the property, and the Advisory Council on Historic Preservation (ACHP). 6 X. Dispute Resolution A. Should the signatories to this MOA object within 30 days to any plans or other documents provided by CCIA or others for review pursuant to this agreement, or to any actions proposed or initiated by CCIA pursuant to this MOA, CCIA shall consult with the objecting party to resolve the objection. If CCIA determines that the objection cannot be resolved, CCIA shall forward all documentation relevant to the dispute to the FAA and to the ACHP. Within 30 days after receipt of all pertinent documentation, the ACHP will either: 1. Provide FAA with recommendations, which FAA will consider in reaching a final decision regarding the dispute; or 2. Notify FAA that it will comment pursuant to 36 CFR 800.7(a)(4) and proceed to comment; and 3. Any ACHP comment will be considered by FAA in accordance with 36 CFR 800.7 with reference to the subject of the dispute. B. Any recommendations or comment provided by the ACHP will pertain only to the subject of the dispute; FAA's responsibility to carry out all other actions under this MOA that are not the subjects of the dispute will remain unchanged. C. At any time during implementation of the measures stipulated in this MOA by FAA, if an objection to any such measure or its manner of implementation is raised by interested parties, then FAA shall consider the objection and consult, as appropriate, with the objecting party and the consulting parties to attempt to resolve the objection. XI. Amendments A. The signatories to this MOA may request that this MOA be revised, whereby the parties will consult to consider whether such revision is necessary, pursuant to 36 CFR 800.6 (c)(1). B. If it is determined that revisions to this MOA are necessary, then FAA and the signatories shall consult pursuant to 36 CFR Part 800.13(1), as appropriate, to make such revisions; except that, reviewing parties must comment on, or signify their acceptance of, the proposed changes to the MOA in writing within 30 days of their receipt. XII. Termination of Agreement A. The signatories to this MOA may terminate this MOA by providing 30 days written notice to the other signatory parties, pursuant to 36 CFR 800.6 (c)(i). During the period after notification and prior to termination, CCIA and the other signatories will consult to seek agreement on amendments or other actions that would avoid termination. In the event of termination, FAA will comply with 36 CFR 800.4 through 800.6 regarding individual undertakings. C. The parties agree that this MOA will become null and void upon completion of all mitigative measures stipulated herein. XIII. Effective Date and Duration The effective date of this MOA shall be the date of the last signature by a signatory. Unless amended in accordance with Stipulation XI or terminated in accordance with Stipulation XII, this MOA will remain in effect for 5 years. This MOA may be extended for an additional 5 years by a letter from the FAA with written concurrence from the SHPO and CCIA. 8 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. SIGNATORY PARTIES: FEDERAL AVIATION ADMINISTRATION By: � Date 5/16/2023 Printed Name: Kim Brockman, Acting Manager, Texas ADO ry MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER(SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered,t e e t of the Project on historic properties. SIGNATORY P RTIE : COR' +� ' ` RNA FIONNAL AIRPORT 3 By: ����— Date 2 tinted Name: k A 1 Approved as to form: 3 c c23 Assist nt City Att rney For ity Attorney ris,0.3993 ��fllUfillts ATTEST: Vf-Jar-f- ejeflAS „.,,,,,, �Y --�� REBECCA HUERTA = COUNCIL -. a te 3 CITY SECRBTARY SECRETAVIV 10 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER(SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. SIGNATORY PARTIES: TEXAS STATE� HISTORIC PRES 1 V. TION OFFICER By: ( `" (R"� I 4 Date 5 !2 S c 23 t Printed Name: ( ) o' -k • P-- MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. CONCURRING PARTIES: CITY OF CORPUS CHRISTI HISTORIC PRESERVATION OFFICER By: Date May 23, 2023 Printed Name: Nina Nixon-Mendez MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA),AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER(SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CC)A, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. CONCURRING PARTIES: NUECES COUNTY HISTORICAL COMMISSION By: ti \A- (1' ,"7-' Date 4 Printed Name: C-k-LV t_f )\(e 04, 4 FILED: Advisory Council on Historic Preservation By: Date Printed Name: 18 ATTACHMENT A PROJECT DESCRIPTION 1� Corpus Christi International Airport Gault Hangar Demolition Project Description The proposed project consists of demolition of the Gault Hangar and associated office structures located at the Corpus Christi International Airport (CCIA),also known as East General Aviation Hangar No. 1.The CCIA or Airport is a public use airport that is owned and operated by the City of Corpus Christi(City) and serves both private and major commercial airlines.The Airport is located off of TX-44,west of downtown Corpus Christi and TX-358. The Hangar is one of the original light aircraft storage facilities from the Airport's construction in 1961. The Hangar's architecture is a distinctive application of thin shell concrete construction including vaulted hyperbolic paraboloid structures reminiscent of the flying buttress (Moorhead 2012).This unique historic architecture, designed by Joe L.Williams and engineered by Wallace R.Wilkerson, makes the Gault Aviation Hangar an NRHP-eligible historic site. A structural assessment of the Hangar performed in August 2021 indicated that the Hangar suffers from prolonged moisture damage and severe systemic corrosion of steel reinforcing and is in highly deteriorated structural condition which poses a safety concern. The Hangar is currently unoccupied due to the structural condition,including spalling concrete and corroded steel,which poses a hazard for occupants and to the adjacent runway operations. ATTACHMENT B LOCATION MAP 20 1a i77i > •.fit FUG:=... Corpus igi —", 5,,PATRICi�. ^N Christi Bay Corpus 0c90 p ® Chris_ o tzT3f—liPs._ E , F 4 111 Project L I KLEBERG .... (/p RNER,b Y f pz ct, 3 U O C a,CL � ` U 2G� 69(O3 cc O2 O 6) 4 tie e45 V C L U p O HOPKINS RD 4 Clawood as �. CD _ _ Project Location o _ 1 cc o z cc Corpus Christi p g International w a 1 z ___ Airport ID BEAR LN cc I p HORNE RD l 763Q 12292j l U \l co f WEST POINT RD ���/. J� 2� Sm a. O` lQ� a_. Oso,A N CO00 O 2kr, ho<<YR\- O 7 1 763 E 't Oso Greer CD West E P a 1 OK NM AR GARVER $ T L,. Nueces — 0,, *,-.4 PROJECT LOCATION 0 50 100 200 N County TTT CCIA:HANGAR NO. 1 DEMO i i I A Nueces County,TX a Feet MX t From: Elizabeth Hundley<ElizabethH@cctexas.com> Sent: Monday, April 8, 2024 9:57 AM To:Victor Gonzalez<Victor@cctexas.com> Cc:Sarah Brunkenhoefer<sarahb@cctexas.com>; Irene Segovia <IreneS@cctexas.com> Subject: RE: Memorandum of Agreement-Gault Hangar at CCIA Hi,Victor: Thank you for sharing a copy. For continuity purposes, regarding deviations within this document from what the City Council received and reviewed, originally,there were four additional concurring parties: the American Institute of Architects,Corpus Christi Chapter; Richter Architects; MIDTEXMOD;and Ben Koush Associates. Were these additional four parties' pages and signatures eliminated in the final version sent to the FAA,with only the concurrence of the City's Historic Preservation Officer and Nueces County Historical Commission retained in the final document? Thanks so much, Elizabeth Elizabeth, Consulting Parties were not required to sign the MOA because they have no legal obligations on the MOA. Consulting Parties are typically people or organizations who show an interest in a project, but they would not be legally bound to make sure the stipulations are carried out.Signatories are those who have a legal interest in the project and are contractually bound to make sure that the MOA stipulations are executed. During development of the MOA, SHPO and FAA requested that the Consulting Parties to be given the opportunity to sign the MOA as a Concurring Party to show support or acceptance for the MOA, but they were not required to sign. Not all of them did so those blank signature pages were removed from the final MOA. Please let me know if you have any questions or further comments. Let me know if you have any other questions or concerns. Thank you. Victor Gonzalez, CM Development&Construction Manager Corpus Christi International Airport Victor@cctexas.com 0: 361-826-1788 I m: 361-533-5651