Laserfiche WebLink
.. <br /> 2 <br /> NOW,THEREFORE,FTA, SHPO,ACNP,USACE,and WSDOT agree that it is in the public <br /> interest to accept the identified effects of the undertaking, and that the undertaking shall be <br /> implemented in accordance with the following stipulations to take into account and resolve those <br /> adverse effects of the undertaking. <br /> STIPULATIONS <br /> FTA, as the federal agency,is responsible for the implementation of the terms of this Agreement <br /> by requiring, as a condition of any approval of federal funding for the Project,adherence to the <br /> stipulations set forth herein. WSDOT will have the lead responsibility in the implementation of <br /> each stipulation unless otherwise noted in the stipulation. <br /> • <br /> I. Guiding Principles for Design and Construction for the Mukilteo Shoreline Site <br /> (45SN393) <br /> A. WSDOT shall avoid excavation within the known vertical and horizontal limits of <br /> the Mukilteo Shoreline Site(45SN393)with intact archaeological/stratigraphic <br /> context.WSDOT shall redesign any elements of the Project that would otherwise <br /> require such excavation in order to avoid such impacts. <br /> B. Notwithstanding Stipulation I.A,if direct excavation impacts cannot be avoided to <br /> the Mukilteo Shoreline Site(45SN393)following all feasible avoidance planning <br /> and redesign,such impacts may be allowed under an Amendment to this Agreement <br /> executed by all Signatory and Concurring Parties. <br /> C. Direct excavation of the Mukilteo Shoreline Site(45SN393)with intact <br /> archaeological/stratigraphic context will not occur without the Amendment <br /> described in Stipulation I.B.A necessary party's refusal to sign the Amendment does <br /> not constitute a dispute subject to Dispute Resolution as outlined in Stipulation IX. <br /> II. General Requirements and Standards <br /> A. As a condition of its award of any assistance and of its National Environmental <br /> Policy Act(NEPA)Record of Decision,ETA shall require WSDOT to carry out the <br /> requirements of this Agreement, and all applicable laws. <br /> B. Signatories shall keep sensitive cultural resources information confidential to the <br /> extent allowed by federal and state law. <br /> C. Activities carried out pursuant to this Agreement shall meet the Secretary of the <br /> Interior's Standards and Guidelines for Archaeology and Historic Preservation(48 <br /> FR§ 44716 as revised)as well as existing standards and guidelines for historic <br /> preservation activities established by SHPO. <br /> D. FTA and WSDOT will ensure all work carried out under this Agreement is <br /> conducted by or under the direct supervision of a person or persons meeting the <br /> Secretary of the Interior's Professional Qualification Standards (36 CFR§ 61). <br /> DRAFT Memorandum of Agreement <br /> Mukilteo Multimodal Project <br /> Page 3 of 24 1 2 . January 17,2013 <br />