DRAFT PROGRAMMATIC AGREEMENT AMONG THE CITY OF NEW ORLEANS, THE HOUSING AUTHORITY OF NEW ORLEANS, THE LOUISIANA STATE HISTORIC PRESERVATION OFFICER, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION REGARDING THE REDEVELOPMENT OF THE IBERVILLE PUBLIC HOUSING DEVELOPMENT, 401 TREME STREET, NEW ORLEANS APPENDIX A Note: the following is the text of Appendix A as of 5/17/12, and it incorporates comments from Dr. Chip McGimsey (SHPO) and Mr. Ken Carlton (MBCI). On 5/17/12, ESI personnel and Shirley Smith (City) met with Dr. McGimsey to clarify some of his comments. These are currently being incorporated into the appendix and will be made available to the consulting parties as soon as they are completed. Formatted: Left Formatted: Font: Bold, Font color: Red Phase I/II Archaeological Survey Background Research: Research will be undertaken to delineate the locations which are known to possess a high potential to contain archaeological sites. This research will include examination of records on file at the Louisiana Division of Archaeology, Baton Rouge, Louisiana. Historical data will also be reviewed, particularly historic cartographic sources (e.g., Sanborn and Robinson map), nineteenth-century New Orleans City Directories, and census records. The maps will be overlaid on current maps using geographic information systems (GIS) technology in order to identify key locations for deposits of unique historical value. Cultural resources reports, site files, and NRHP records will be reviewed for the project area. Geomorphological data, and aerial photographs will be examined and reviewed. Historical research will include a review of available secondary documentation such as local and regional historic archives and court records. The background research will be used by the City, to develop prehistoric and historic contexts that will be the basis for evaluating the National Register eligibility of archaeological properties that may be identified. Antebellum city directories give only minimal indications of commercial and residential development in the project area, but it appears that the neighborhood was home to an ethnically and racially mixed community similar to that growing in the nearby Treme area. Most commercial enterprises were limited to corner groceries and woodworking-related trades in this time period. In addition, the Pelican No. 4 Fire Company on Basin Street near Conti was established by the 1850s (and lasted at the location all the way through the Storyville era). By the second half of the nineteenth century, a number of sites with potentially unique archaeological resources can be identified within the project area. These include brewery-related facilities (including a bottling works on City Square 184), a Masonic lodge (the St. Andrews Lodge No. 5 on City Square 185), an African-American school (also on City Square 185), a Chinese laundry (on City Square 156), and a Civil War veterans hall (on City Square 155). In addition, the character of the neighborhood as a tenderloin was becoming firmly established by the latter part of the nineteenth century, eventually leading to the designation of most of the project area as the red light district known as Storyville (1898-1917). High priority properties connected with this period in the site area s history include the line of larger brothels fronting Basin Street between Bienville and Conti (e.g. Countess Willie Piazza s brothel at 317 Basin Street, where Jelly Roll Morton was often employed to play the piano); saloons, shooting galleries, and dance halls, many also with significant connections to the history of New Orleans jazz music (e.g. the Frenchman s saloon, at the corner of Bienville and Villere); and drug stores (including at least two on City Square 156 and another on City Square 186). Field Investigations. Fieldwork will begin in Development Blocks I and J. These two blocks are located in the southern portion of the APE and will be the first to be redeveloped. The methods detailed here will be utilized throughout the APE.
Because ESI has previously performed archaeological construction monitoring within the Iberville Housing Project, we have an understanding of the preservation at the site and the nature and extent of cultural deposits likely to be encountered. Having this knowledge, we believe that it is extremely likely that National Register test excavations and ultimately, archaeological data recovery (mitigation) will be necessary within the project area. Accordingly, we recommend Phase I/II investigations to expedite the identification of cultural deposits on each of the blocks within the current housing complex so as to meet the needs of the construction schedule. As per the Louisiana Division of Archaeology guidelines for archaeological investigations in urban contexts, this methodology must be approved by the SHPO and the Mississippi Band of Choctaw Indians (MBCI) prior to the commencement of fieldwork and may be subject to modification. Shovel Testing. Louisiana One-Call will be contacted prior to any excavations within the housing project. Archaeological survey of the project area will consist of shovel/auger tests excavated at five (5) meter (m) (16.4 ft) gridded intervals throughout the accessible areas of the housing project. It should be noted that examination of paved areas, including the blocks outside of the current housing project slated for mixed-use development, will have to be handled separately during demolition. It is our experience within the Iberville Housing Project that subsurface disturbance is generally confined to within 1 m (3.3 ft) of the existing structures, and that numerous pockets of intact archaeological resources exist between buildings and the subsurface utilities. Furthermore, roads and parking lots in the HANO complexes of this age have concealed many significant archaeological features even though the depth of disturbance has reached over two feet (70 cmbs). Thus, another objective of Phase I survey is to confirm this observed pattern of utilities disturbance through the accessible areas of the complex. The resources concealed by the roads and parking areas will have to be accessed upon pavement removal during the demolition process. Methodology for demolition monitoring is described in a separate section of this appendix. Formatted: Font: Italic Judgmental shovel/auger testing, as necessary, will be focused on those areas thought to be of highest interest as a result of the examination of the historic map overlays and review of city directories, with an effort being made to sample both areas where features are likely located as well as areas with a high probability of containing sheet midden. Antebellum city directories give only minimal indications of commercial and residential development in the project area, but it appears that the neighborhood was home to an ethnically and racially mixed community similar to that growing in the nearby Treme area. Most commercial enterprises were limited to corner groceries and woodworking-related trades in this time period. In addition, the Pelican No. 4 Fire Company on Basin Street near Conti was established by the 1850s (and lasted at the location all the way through the Storyville era). By the second half of the nineteenth century, a number of sites with potentially unique archaeological resources can be identified within the project area. These include brewery-related facilities (including a bottling works on City Square 184), a Masonic lodge (the St. Andrews Lodge No. 5 on City Square 185), an African-American school (also on City Square 185), a Chinese laundry (on City Square 156), and a Civil War veterans hall (on City Square 155). In addition, the character of the neighborhood as a tenderloin was becoming firmly established by the latter part of the nineteenth century, eventually leading to the designation of most of the project area as the red light district known as Storyville (1898-1917). High priority properties connected with this period in the site area s history include the line of larger brothels fronting Basin Street between Bienville and Conti (e.g. Countess Willie Piazza s brothel at 317 Basin Street, where Jelly Roll Morton was often employed to play the piano); saloons, shooting galleries, and dance halls, many also with significant connections to the history of New Orleans jazz music (e.g. the Frenchman s saloon, at the corner of Bienville and Villere); and drug stores (including at least two on City Square 156 and another on City Square 186).
Shovel tests will measure approximately 30 cm x 30 cm (12 in x 12 in) and will be excavated to sterile subsoil. If sterile soil is not reached within accessible depths of a shovel test (70-100 cm [27.6-39.4 in]), an auger test will be excavated in the base of the shovel test. Wherever possible, excavated soils will be screened through.25 in (.64 cm) mesh. Very clayey soils will be carefully trowel-sorted and examined for artifacts. The soil characteristics and stratigraphic associations of all positive shovel tests and a representative number of negative shovel tests will be recorded, profiled/drawn, and photographed. All cultural materials will be collected and returned to the laboratory for analysis and curation. All tests will be backfilled upon completion. The shovel test profiles will be used to develop an overall site stratigraphy. The location of each shovel test will be recorded utilizing a Trimble GeoExplorer XT Series hand-held unit with sub-meter accuracy. Backhoe Trenching. In addition to shovel tests, Bbackhoe trenches will be excavated in accessible areas of high interest based on shovel testing and background research. The backhoe will be utilized to expose a larger window on deposits and features than is possible during shovel testing. This will allow the Project Manager to assess the integrity of the feature deposits and its their research potential for further investigations. Mechanical excavations also can be used to expose deeply buried deposits and features for documentation and assessment more expeditiously than hand-excavated test units. A backhoe or trackhoe with a flat bucket will be utilized, and two archaeologists (one on each side of the machine) will monitor each backhoe during excavation for artifacts and evidence of features. Mechanical excavation is intended to remove overburden to expose intact deposits and features. Intact features and deposits will not be trenched through. Mechanically excavated soils will not be screened unless the Project Manager decides that screening is necessary within a specific context. However, the presence of human bone and/or the discovery of undisturbed features or artifact deposits would be appropriate reasons to begin screening excavated soil through.25 in (.64 cm) mesh, as well as to begin hand excavation. For the proposed treatment of human remains in general and specifically in the case of remains associated with St. Louis I Cemetery, please see Treatment of Human Remains below. Formatted: Font: Italic If mechanical excavations will be in the vicinity occupied housing units, trenches will be backfilled on a daily basis for the safety of the occupants and the preservation of the archaeological deposits. The locations of each trench will be recorded utilizing a Trimble GeoExplorer XT Series hand-held unit with sub-meter accuracy. Each trench will be photodocumented. Trenches that reveal intact deposits will be drawn in planview and profiled, as appropriate. Features and intact deposits that are exposed in the trenches will be recorded utilizing the GPS. Hand excavations within the trenches will be limited and focused on establishing integrity, extent, and association so that the NRHP status of the deposits may be assessed; complete excavation of features will have to be undertaken during mitigation. At the Project Manager s discretion, soil samples may be collected for flotation. For example, if an area of midden within an excavation unit exhibits little disturbance or appears rich in macrobotanicals, then a 10 liter (approximately half of a five gallon bucket) soil sample may be collected from each culture-bearing stratum excluding topsoil. During excavations, feature fill is usually collected for flotation. As noted above, complete excavation of features will be undertaken during mitigation. Thus, the sampling strategy for collecting feature fill for flotation is discussed in the Data Recovery Plan. Any artifacts collected during backhoe and hand excavations will be placed in ziplock bags. Each artifact bag or flotation sample will be labeled with the site number, trench number, depth below site datum, date, and excavator(s) name. Archaeological deposits that are encountered during backhoe excavations will be numbered and recorded on the site map. Each feature will be planned and profiled as is appropriate and possible given the extent of exposure. The feature will also be documented photographically during the excavation process. At the Project Manager s discretion, small features (i.e., those containing less than 30 liters [estimated] fill) may be excavated in their
entirety during this level of investigations. If such is the case, the feature will be photographed and drawn in planview. Then the feature will be cross-sectioned and one half will be excavated. At this point the feature will be rephotograhed and drawn in profile. The remainder of the feature will be excavated, then a final photograph will be taken and a planview drawn. All feature fill will be collected for flotation. Collected artifacts, floral, and faunal material, including those from flotation samples, will be analyzed using accepted archaeological practices. These data will be utilized to evaluate the archaeological deposits in terms of NRHP criteria. Black and white print and digital color photographs will be taken. A georeferenced site map for each block will be drafted. Site maps will include the locations of all shovel tests, the extent of surface scatter, site limits, and any topographic features or landmarks visible. Archaeological deposits that are encountered during shovel testing and backhoe excavations will be numbered and recorded on the site map. GPS data will be collected with a Trimble GeoExplorer XT Series hand-held unit. Louisiana Site Forms will be completed for each block, and the locations of these will be marked on the appropriate USGS 7.5 quadrangle. Each block will be treated as a single site containing multiple loci as per the Division of Archaeology conventions. If prehistoric, protohistoric, or historic deposits that pre-date the city square system are encountered, these will be delineated following the guidelines established by the Division of Archaeology rather than being tied to the city square system. However, the presence of human bone and/or the discovery of undisturbed features or artifact deposits would be appropriate reasons to begin screening excavated soil through.25 in (.64 cm) mesh, as well as to begin hand excavation. For the proposed treatment of human remains in general and specifically in the case of remains associated with St. Louis I Cemetery, please see Treatment of Human Remains below. If mechanical excavations will be in the vicinity occupied housing units, trenches will be backfilled on a daily basis for the safety of the occupants and the preservation of the archaeological deposits. Hand excavations within such trenches will necessarily be limited and focused on establishing integrity, extent, and association so that the NRHP status of the deposits may be assessed; complete excavation of features will have to be undertaken during mitigation. At the Project Manager s discretion, soil samples may be collected for flotation. Any artifacts collected during backhoe and hand excavations will be placed in ziplock bags. Each artifact bag or flotation sample will be labeled with the site number, trench number, depth below site datum, date, and excavator(s) name. Archaeological deposits that are encountered during backhoe excavations will be numbered and recorded on the site map. Each feature will be planned and profiled as is appropriate and possible given the extent of exposure. The feature will also be documented photographically during the excavation process. Collected artifacts, floral, and faunal material, including those from flotation samples, will be analyzed using accepted archaeological practices. These data will be utilized to evaluate the archaeological deposits in terms of NRHP criteria. Black and white print and digital color photographs will be taken. A georeferenced site map for each block will be drafted. Site maps will include the locations of all shovel tests, the extent of surface scatter, site limits, and any topographic features or landmarks visible. GPS data will be collected with a Trimble GeoExplorer XT Series hand-held unit. Louisiana Site Forms will be completed for each block, and the locations of these will be marked on the appropriate USGS 7.5 quadrangle. Each block will be treated as a single site containing multiple loci as per the Division of Archaeology conventions. If prehistoric, protohistoric, or historic deposits that pre-date the city square system are encountered, these will be delineated following the guidelines established by the Division of Archaeology rather than being tied to the city square system. Evaluation of Resources. ESI will provide recommendations concerning which sites and loci within sites are eligible or ineligible for nomination to the National Register of Historic Places (NRHP). The City and HANO will evaluate those sites that it determines, in consultation
with the SHPO and MBCI, require further investigation and will apply the National Register criteria for evaluation (36 CFR 60.4 [a-d]) to determine their significance and integrity. Such evaluations will apply standard archaeological methodologies, as defined in Louisiana Division of Archaeology Guidelines for Field Methods. Evaluation will identify those sites and individual loci that possess research potential under National Register criteria and the Louisiana Comprehensive Archaeological Plan and that retain those qualities of integrity and significance defined by the National Register criteria. This process will analyze field data within the appropriate prehistoric and historic context for the site. The City and HANO, in consultation with SHPO and MBCI, will assess the effects of each Phase of the Undertaking on any archaeological sites which it finds to be National Registereligible. The City and HANO will evaluate means to avoid or minimize any such adverse effects to National Register-eligible archaeological sites. Measures to be evaluated include but are not limited to encapsulation, preservation in situ, and construction fencing. If adverse effects to National Register-eligible archaeological sites may not be avoided, the City will develop appropriate mitigation as described in the Data Recovery Plan, below. Treatment of Human Remains. Review of historic maps indicates that the current footprint of St. Louis I Cemetery may be smaller than its historic extent. Therefore, it must be determined if burials are present outside of the cemetery and within the APE. Specifically blocks J and H have a high potential for burials as these blocks lie, respectively, immediately west and north of St. Louis I Cemetery. Mechanical excavation will be utilized to determine if intact burials are preserved outside the current boundaries of St. Louis I Cemetery. Mechanical excavation will cease if it appears evidence of a burial is encountered; hand excavation will be used to verify that a burial is present. No burials will be excavated; the purpose of this investigation is to document if in situ burials are present outside the boundaries of the current cemetery. A Physical Anthropologist/Human Osteologist will be present during work on the city blocks that are suspected to be part of St. Louis I Cemetery. Again, a backhoe or trackhoe with a flat bucket will be utilized, and two archaeologists (one on each side of the machine) will monitor each backhoe during excavation for evidence of burials. Mechanically excavated soils will not be screened unless the Project Manager decides that screening is necessary within a specific context. The presence of human bone would be appropriate reasons to begin screening excavated soil as well as to change to hand excavation. Standard.25 in (.64 cm) mesh will be used when soils are screened. If intact human burials, scattered human remains, or isolated human bone fragments are found, the Responsible Agencies shall follow the procedures outlined in the Louisiana Unmarked Human Burial Sites Act (Act 704; R.S. 8:671-681, R.S. 36:209(I), and 802.13). Pursuant to the law the Responsible Agency shall notify the City Attorney s Office, the New Orleans Police Department, and the Orleans Parish Coroner s Office within 24 hours of the discovery. The local law enforcement officials shall assess the nature and age of the human remains. If the coroner determines that the human remains are older than 50 years of age and are not a crime scene, the Responsible Agency shall ensure that the notice of the discovery required by Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) is given to the Secretary of Culture, Recreation, and Tourism (CRT) or the Secretary s designee by contacting the Louisiana Division of Archaeology at 225-342-8170 within 72 hours of the discovery. Following the notification, the Louisiana State Archaeologist, as the designee of the Secretary of CRT, will administer the remainder of the requirements of the law including but not limited to permits for excavation and disposition of the human remains. It is important to note that the purpose of this investigation is to establish whether burials are present within the APE, not to remove them. Consequently, excavations in the vicinity of a burial will cease immediately when a burial is identified. It is expected that identification of burials may include: (1) grave stains;
(2) coffin remains; and (3) articulated human bone. Because backfilling of all trenches will be done on a daily basis, no additional security will be implemented. Because isolated human bone fragments may be present, human bone in and of itself will not necessarily be indicative of the presence of a burial. Upon uncovering human bone with the backhoe or during hand excavation, the area will be carefully troweled to determine if articulated or closely associated human bone is present. If the bone proves to be an isolate, excavations will continue. The isolated human bone fragments will be collected, placed in paper bags that have been labeled with all provenience information, and will be stored in a secure location within the ESI laboratory for later reburial. The City, HANO, SHPO, and MBCI will be notified immediately when human bone fragments are collected. If, at any point during the investigations, human remains are determined to be American Indian, the Responsible Federal Agency shall consult relevant federally recognized tribes within XX hours/days and shall develop and implement a plan for the appropriate treatment of those remains in accordance with the Louisiana Unmarked Human Burial Sites Act or the Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC 3001 et. seq. as appropriate). The plan shall include provisions for in-place preservation, excavation, and analysis, in accordance with a data recovery plan approved pursuant to this Agreement, and disposition of the remains as appropriate. The Responsible Federal Agency shall, in good faith, consult with the relevant parties in accordance with applicable law. Formatted: Font: Italic Demolition Monitoring. ESI will provide an archaeologist for on-site monitoring during ground-disturbing activities associated with demolition and construction at the Iberville housing project. A HANO contact will give one week notice to ESI prior to the initiation of activities that may cause subsurface disturbance at each site. The archaeologist will observe excavations, document site stratigraphy, record cultural features, and, if appropriate, collect artifacts uncovered during excavations. If significant (i.e. NRHP eligible) archaeological deposits are identified during ground-disturbing activities, a HANO point of contact will immediately be notified. The archaeologist will consult with the HANO contact and any contractors involved to determine how to proceed with development activities if such deposits should be uncovered. Archaeological features will be photographed and or drawn. In addition, representative soil profiles will be documented appropriately. Cultural materials will be cleaned, analyzed, and curated using standard procedures and methods. The results of monitoring will be incorporated into the technical report of investigations for the project. Artifact Analysis and Report Production. Cultural materials will be cleaned, analyzed, and curated using standard procedures and methods. If human bone is encountered during the laboratory analyses, the fragments will be placed in paper bags labeled with the provenience information, and moved to a secure location in the lab to await reburial. Management Summaries will be submitted for each City Square investigated. The management summary will include, but is not limited to: discussions of the proposed project, the regional prehistory, history, and previous cultural investigations, the local geomorphology and natural environment, the field and laboratory methodologies, the field results, the results of artifact analyses, conclusion, and recommendations. The management summary is sufficient to receive SHPO concurrence on recommendations for further work, and since such work is likely, the preference is to always have all phases of work contained in a single report. Any comments on the management summary will be addressed within 15 days of their receipt. Formatted: Highlight In addition to the Management Summary Reports for each block, ESI will prepare weekly field reports throughout the field investigations. Each weekly report will include a brief description of the field methods used, the locations investigated, site loci identified, and features found, if any. The City will forward the weekly field reports to the SHPO and MBCI.
Data Recovery Plan The City and HANO, in consultation with SHPO and MBCI, may consider a range of mitigation measures for adverse effects on National Register-eligible archaeological sites, such as individual site data recovery, representative site data recovery, education and public involvement efforts, or other reasonable and good faith efforts commensurate with the scale of the Undertaking, its effects on archaeological sites, and the significance of the adversely affected National Register-eligible archaeological sites. If the City and HANO determine, in consultation with SHPO and MBCI, that data recovery is required for individual or representative National Register-eligible archaeological sites, the City will develop one or more archaeological Data Recovery Plans. The City will forward two (2) copies of each Data Recovery Plan to SHPO and one copy to the MBCI, for those they are consulting on. If SHPO and MBCI does not comment within a 14-day review period of receipt of the plan, the City will assume that SHPO and MBCI concurs with the plans. The City will finalize and implement the Data Recovery Plans after consultation with SHPO and MBCI. The Data Recovery Plan may employ a sampling strategy to achieve the objectives of the data recovery and promote the efficient completion of each Phase of the Undertaking. Formatted: Highlight Data recovery may commence concurrently with evaluation efforts as necessary to allow for efficient completion of the work provided that the City consults with SHPO and MBCI. Data recovery will be conducted in accordance with the Louisiana Division of Archaeology field standards. It is anticipated that, by the time data recovery investigations are initiated, the individuals living in the units will be relocated. Once the units are no longer occupied, fencing will be installed around the work area. After the fencing is installed, excavations can be left open overnight. The City will ensure that a comprehensive report for the Undertaking, including the results of the archival research, field identification methods and results, site evaluation methods and results, and data recovery methods and results, is prepared. Final Louisiana Division of Archaeology site forms for all sites identified will accompany these this reports. This report will follow the standards of the Louisiana Division of Archaeology and will be submitted to SHPO and Signatories for review and comment. The City will curate prepare all archaeological materials, reports and associated records from the project in accordance with the standards of the Louisiana Division of Archaeology, and all collections and associated records will be curated with the Louisiana Division of Archaeology.