2014/03/05 Council Agenda Packet

, w 2 MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL TRANSIT ADMINISTRATION, THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER, ADVISORY COUNCIL ON HISTORIC PRESERVATION, UNITED STATES ARMY CORPS OF ENGINEERS, AND WASHINGTON STATE DEPARTMENT.OF TRANSPORTATION PURSUANT TO 36 CFR§ 800.6(C) REGARDING THE MUKILTEO MULTIMODAL PROJECT MUKILTEO, SNOHOMISH COUNTY,WASHINGTON WHEREAS,The Washington State Department of Transportation(WSDOT)plans to construct the Mukilteo Multimodal Project(hereafter"the Project"), in order to improve operations, safety and security of the Mukilteo Ferry Terminal; and WHEREAS,the U.S.Department of Transportation,Federal Transit Administration(FTA)has . provided funding during the Project's planning efforts, and-may contribute funding during the Project's construction;and WHEREAS,FTA has determined that its approval of the Project is an undertaking,as defined in 36 CFR§ 800.16(y), subject to review under Section 106 of the National Historic Preservation Act(NHPA), 16 USC §470 and its implementing regulations, 36 CFR§ 800; and WHEREAS,FTA is the lead federal agency for this undertaking;and WHEREAS,FTA and WSDOT have consulted with the Washington State Historic Preservation Officer(SHPO),interested and affected Indian tribes,and interested agencies and parties pursuant to 36 CFR§ 800.3; and WHEREAS, FTA and WSDOT, in consultation with SHPO,interested and affected Indian tribes, and other interested parties,have conducted cultural resource inventories and studies to identify and evaluate the effects of the Project upon historic properties located within the Area of Potential Effects(APE)(Attachment 1); and WHEREAS, access to conduct all possible archaeological investigative testing has been restricted in certain places in the project area due to existing expansive pavement,industrial concrete structures and facilities,buildings, and subsurface utility lines; and WHEREAS,the Project occurs at a traditional place of camping and gathering referred to as Beka'ltiu in the Northern Lushootseed language and recorded archaeologically as the Mukilteo Shoreline Site(45SN393),and the location of the signing of the Point Elliott Treaty of 1855, which has been recorded as site 45SN108; and WHEREAS,the Project occurs within portions of historic Mukilteo,recorded archaeologically as 45SN404, an area homesteaded in 1860 by Frost and Fowler,the original county seat of DRAFT Memorandum of Agreement Mukilteo Multimodal Project Page 1 of 24 1 0 January 17,2013