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2 <br /> Snohomish County,and the location of the Crown Lumber Company mill,a vital enterprise of <br /> the early timber industry in Puget Sound; and <br /> WHEREAS,the Point Elliott Treaty Site(45SN108)is a historic property eligible for the <br /> National Register of Historic Places(NRNP)under Criteria A,B, and D,the Old Mukilteo <br /> Townsite(45SN404)is a historic property eligible for the NRNP under Criteria A and D,and the <br /> Mukilteo Shoreline Site(45SN393)is a historic property eligible for the NRNP under Criteria D; <br /> and <br /> WHEREAS,cultural resource inventories have identified several prior construction impacts <br /> within the project area that have affected the Mukilteo Shoreline Site(45SN393) and have <br /> resulted in some cultural materials being redeposited in disturbed contexts;and <br /> WHEREAS,the Mnkilteo Explosive Loading Terminal(MELT)Barracks(MM-04),MELT <br /> Pier(MM-02),MELT Firehouse(MM-01),MELT Superintendent's Office(MM-06),DFSP <br /> Tank Farm(MM-03),SR 525 Overpass,Diamond Knot Ale House,Ivar's at Mukilteo,and the <br /> existing Mukilteo Feny Terminal(31-339)have been determined not eligible for the NRNP;and <br /> WHEREAS,the Preferred Alternative is sited at the Mukilteo Tank Farm facility,a property <br /> encumbered with a historic preservation covenant developed by the United States Air Force <br /> (USAF)in consultation with interested and affected Indian tribes,and SHPO; and <br /> WHEREAS,the Preferred Alternative reflects extensive consultation between FTA,WSDOT, <br /> SHPO,and interested and affected Indian tribes,conducted specifically to avoid adverse effects <br /> to the Point Elliott Treaty Site(45SN108)and the Mnkilteo Shoreline Site(45SN393); <br /> WHEREAS,FTA has determined the Project is an undertaking that will result in an adverse <br /> effect to the Old Mukilteo Townsite(45SN404);and <br /> WHEREAS,the Advisory Council on Historic Preservation(ACHP)has accepted FTA's <br /> invitation to participate in the development of this Agreement;and <br /> WHEREAS,pursuant to 36 CFR§ 800.6,FTA and WSDOT consulted with the Lummi Nation, <br /> the Muckleshoot Indian.Tribe,the Samish Nation,the Sauk-Suiattle Tribe,the Snoqualmie <br /> Indian Tribe,the Stillaguamish Tribe,the Suquamish Tribe,the Swinomish Tribal Community, <br /> the Tulalip Tribes,and the Upper Skagit Tribe(federally recognized Indian tribes that may attach <br /> religious and cultural significance to historic properties potentially affected by the project)and <br /> invited them to help identify measures to resolve adverse effects,resulting in the development of <br /> this Agreement,and invited them to concur with this Agreement; and <br /> WHEREAS,pursuant to 36 CFR§ 800.6,FTA and WSDOT consulted with the USAF,the <br /> United States Army Corps of Engineers(USACE), Snohomish County Historic Preservation <br /> Commission,City of Mukilteo,Mukilteo Historical Society, City of Everett,Port of Everett,and <br /> Historic Everett,and invited them to help identify measures to resolve adverse effects, resulting <br /> in the development of this Agreement, and invited them to concur with this Agreement. <br /> DRAFT Memorandum of Agreement <br /> Mukilteo Multimodal Project <br /> Page 2 of 24 .1 1 January 17,2013 <br />