skip general nav links ACHP home About ACHP


National Historic

Working with
Section 106

Federal, State, & Tribal Programs

Training & Education


 skip specific nav links
Home arrow Historic Preservation Programs & Officers arrow Federal arrow FHWA arrow Indiana MOA Case Study

Case Study - Indiana

MOA for Construction of Section 5, Interstate 69 Evansville to Indianapolis Focused on Protecting Historic Limestone Quarries from Impacts.


The Federal Highway Administration (FHWA) is providing financial assistance to the Indiana Department of Transportation (INDOT) for construction of a new Interstate Highway (I-69) from Evansville to Indianapolis, Indiana. An umbrella Programmatic Agreement was completed for the overall project, which is divided into six phases of construction.  Section 5, for which a Tier 2 environmental review was recently completed, required a separate 106 consultation. Section 5 The Section 5 project provides for a divided interstate highway with limited access, primarily following the route of an existing state highway.


The right-of-way for the undertaking passes close to several historic districts, and will encroach on the North Clear Creek Historic Landscape District. This district is eligible under Criterion A, under the theme of industry for its importance to Indiana’s limestone mining and production. Two contributing properties, the Carl Furst Stone Company limestone quarry and the Maple Hill Mill and Quarry, are both within the area of potential effects (APE) for the Section 5 Project. In addition, three archaeological sites in the APE are considered potentially eligible for the National Register. Additional investigations will be required to determine eligibility for any site that cannot be avoided by project design. 


Consulting parties included FHWA, INDOT, the Indiana State Historic Preservation Office (SHPO), the Advisory Council on Historic Preservation (ACHP), the Monroe County Historic Preservation Board of Review, Cheryl Ann Munson (Monroe County Commissioner), the City of Bloomington, and five Indian tribes (Prairie Band Potawatomi Nation, Peoria Tribe of Indians of Oklahoma, Delaware Nation, Shawnee Tribe of Oklahoma, and the Miami Tribe of Oklahoma).  Twenty additional consulting parties were identified by FHWA, but were less actively involved in consultation. These parties included Bloomington Restorations, Inc, Citizens for Appropriate Rural Roads (CARR), the City of Mitchell, Hoosier Environmental Council, Indiana Landmarks, and others.   


The undertaking involves the introduction of an interstate highway where one has not previously existed. Local residents and preservation advocates were concerned about the potential direct and indirect effects of the introduction of an interstate in the vicinity of a number of buildings (some of which are historic) and on the historic limestone quarries in the vicinity. The Monroe County Historic Preservation Board of Review objected to FHWA’s finding that the undertaking would have no adverse effect on certain specific properties. Also, several consulting parties objected to findings of eligibility on two or three properties in the APE, including the Parks-Patton-Hedrick House located adjacent to the proposed right-of-way. The ACHP elected to participate in order to assist FHWA to resolve this objection and ensure that all potentially affected historic properties were fully considered in Section 106 review.


At the time the ACHP became involved in Section 106 consultation, the FHWA, INDOT, and Indiana SHPO were pretty much in agreement about the effects to historic properties and appropriate mitigation. Additionally, the SHPO’s agreement with FHWA’s eligibility findings, and a discussion of the question among the consulting parties resulted in ACHP staff recommending that the question not be forwarded to the keeper. None of the properties of concern were located within the APE, and the ACHP agreed with the FHWA and SHPO on the finding that there would be no effects, even if the properties were deemed eligible.
Objections raised to FHWA’s findings of no adverse visual effect were based on the views of some consulting parties that the project would have an adverse visual effect on the Maple Grove Historic District, the Reed, Hunter Valley and North Clear Creek Historic Landscape Districts by introducing visual elements that contrast with the existing setting by introducing extensive steel guardrails and concrete barriers along the I-69 corridor. Additional concerns were raised about noise and light pollution along the corridor. The ACHP agreed with the FHWA and INDOT that because of the nature of these historic properties (industrial landscapes), the existing setting does not contribute to the significance of these properties. Historically, the landscape was deforested, bulldozed and a very noisy and industrial landscape. Through consultation, additional concerns became apparent regarding water quality and the water table in the limestone quarries, some of which are being preserved for heritage tourism.  At the ACHP’s request, FHWA included in the MOA a requirement to use best practices to ensure that the water quality and quantity is not altered as a result of the project.

As a result of additional consultation involving the ACHP, the a Memorandum of Agreement (MOA) for the Section 5 Project was executed in May 2013 with the following provisions. 

  • Drainage impacts to historic properties will be addressed by providing consulting parties with an opportunity to review and comment on drainage design plans for the Section 5 project. FHWA and INDOT are also committed to use Best management Practices (BMP) on Section 5 to ensure that roadway drainage from the Project does not introduce effects that adversely impact water quality and quantity at the historic districts in the vicinity.
  • Context Sensitive Solutions will be used during the design phase of the project, and INDOT will incorporate aesthetic features into the design, including landscaping, and the use of limestone blocks, as appropriate, and other treatments in consultation with the community.
  • Educational Outreach Initiative Funding. INDOT shall reimburse the Monroe County Historic Preservation Board of Review for activities associated with implementation of an educational outreach initiative, such as a tour of the historic limestone quarries in Monroe County.
  • Multiple Property Documentation Form (MPDF).  FHWA and INDOT will fund the preparation of a MPDF nominating the Dimension Limestone Industry in Bloomington, Indiana to the NRHP.
  • Archaeological Properties will be avoided to the extent possible. Additional identification and evaluation will be completed to identify archaeological properties in the APE. Those archaeological sites that cannot be avoided will be further investigated to determine if they are eligible for the National Register. Eligible archaeological properties that cannot be avoided will be subject to further consultation with SHPO and Indian tribes to determine appropriate treatment.    


Updated August 18, 2013

Return to Top