Appendix F Section 106 Memorandum of Agreement

Transcription

1 Appendix F Section 106 Memorandum of Agreement Draft Supplemental Environmental Impact Statement December 2013 Page F-1

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3 MEMORANDUM OF AGREEMENT among The U.S. Army Corps of Engineers, Seattle District The Washington State Department of Archaeology & Historic Preservation, The Advisory Council on Historic Preservation and The City of Seattle Regarding Treatment of Adverse Effects Associated with the Elliott Bay Seawall Project, Seattle, King County, Washington 1. WHEREAS, U.S. Army Corps of Engineers, Seattle District Regulatory Branch (Corps) received a Department of the Army (DA) permit application (DA Permit No. NWS WRD) from the City of Seattle Department of Transportation (SDOT) associated with replacement of the Elliott Bay Seawall located at the shoreline of Elliott Bay, Puget Sound, in downtown Seattle, King County Washington (the Project); and 2. WHEREAS, the Corps' issuance of such a permit for the Project is subject to review under Section 106 of the National Historic Preservation Act, 16 U.S.C. (NHPA), and its implementing regulations (36 CFR Part 800 and 33 CFR 325, Appendix C); and 3. WHEREAS, the area of potential effects (APE) of the 7,166 foot long seawall is generally contained with the boundaries of Broad Street to the north, one to two blocks from the existing seawall to the east, by the waterward end of the existing piers and the limit of proposed ecosystem restoration in Elliott Bay to the west, and South Main street to the south (see Appendix A); and 4. WHEREAS, the Project includes work on land owned by the Washington State Department of Natural Resources (WDNR) and the Washington State Department of Transportation (WSDOT); and 5. WHEREAS, a report has been prepared identifying known and potential historic properties, titled Cultural Resources Assessment, Elliott Bay Seawall Program and dated January 2013, and is included as if attached and incorporated by this reference; and 6. WHEREAS, the Corps has determined that historic properties eligible for listing in the National Register of Historic Places (NRHP) are located within Project s APE, and the Page 1 of 27

4 Washington State Department of Archaeology & Historic Preservation (DAHP) also known as the Washington State Historic Preservation Officer (SHPO) has agreed; and 7. WHEREAS, those properties are: (1) the Elliott Bay Seawall; (2) the Washington Street Boat Landing Pergola; (3) portions of the Pioneer Square-Skid Road National Historic District and Pike Place Public Market Historic District; (4) the Alaskan Way Viaduct/Battery Street Tunnel and the Great Northern Railway Tunnel; (5) Historic Piers and their associated buildings; (6) Submerged archaeological site 45KI1011; and (7) 17 historic buildings (see Appendix B); and 8. WHEREAS, the Corps notified the Muckleshoot Indian Tribe (Muckleshoot), the Sauk- Suiattle Indian Tribe (Sauk-Suiattle), the Snoqualmie Indian Tribe (Snoqualmie), the Stillaguamish Tribe (Stillaguamish), the Suquamish Tribe (Suquamish), the Tulalip Tribes, and the Yakama Nation of the Project and asked each of these Federally recognized tribes whether they would like to participate in this process, and 9. WHEREAS, Sauk-Suiattle has asked to be kept informed about the project; and 10. WHEREAS, Muckleshoot, Stillaguamish, Snoqualmie and Suquamish ( Consulting Tribes ) have asked to participate as consulting parties in the Section 106 process, and the tribes have stated that there is a potential for buried NRHP-eligible archaeological sites in the APE, and that due to the nature of construction, potential sites may not be identified or exposed during construction but if present may be affected by construction; and 11. WHEREAS, the Corps notified the Alliance for Pioneer Square (APS), the Seattle Historic Waterfront Association (SHWA), the Duwamish Tribe, the Washington Trust for Historic Preservation (WTHP), the King County Historic Preservation Program, the Seattle Department of Neighborhoods (SDN), Washington State Ferries (WSF) and Historic Seattle about the undertaking and has taken into consideration their comments on identification, eligibility, assessment of effect, and resolution of adverse effect; and 12. WHEREAS, SHWA, WTHP, SDN, WSF requested consulting party status as interested public entities; and 13. WHEREAS in accordance with 36 CFR Section 800.6(a)(1), Corps has notified the Advisory Council on Historic Preservation (Council) of its adverse effect determination and the Council has chosen to participate in the consultation pursuant to 36 CFR Section 800.6(a)(1)(iii); and 14. WHEREAS, SHWA has entered into a settlement with SDOT on July 3, 2013 titled Agreement Regarding Seawall Project Pier Access, included as if attached and incorporated by this reference, and this agreement has addressed SHWA's concerns regarding potential economic effects to historic properties associated with the undertaking; and 15. WHEREAS, APS and SDOT are negotiating an agreement to conclude within 30 days of execution of this MOA, which will be included as if attached and incorporated by this reference, that SDOT will allocate at least $305,000 to minimize economic effects of the Project on the Pioneer Square Historic District, and in addition to explore the feasibility of an interpretive Page 2 of 27

5 marking of the original Seattle shoreline using the 1% for Art Program, and this agreement will address APS's concerns regarding potential economic effects to historic properties associated with the undertaking; and 16. WHEREAS, SDOT is committed to avoiding, minimizing, and mitigating the economic effect of the Project on businesses in the APE, as demonstrated in Chapter 8 of the Elliott Bay Seawall Project, Final Environmental Impact Statement, dated March 14, 2013, included as if attached and incorporated by this reference; and 17. WHEREAS, construction will result in an adverse effect to the Elliott Bay Seawall and the Washington Boat Street Landing, and possibly to buried archaeological deposits; and 18. WHEREAS, pursuant to 36 CFR Part 800.6(c)(2), and because of their role as the applicant for the DA permit, the Corps has invited SDOT to sign this Memorandum of Agreement (MOA) as a signatory; and 19. WHEREAS, pursuant to 36 CFR Part 800.6(c)(3), and based on their stated interest, the Corps has invited Muckleshoot, Stillaguamish, Snoqualmie, Suquamish, WSDOT, WDNR, WSF, SDN, APS, SHWA, and WTHP to sign this MOA as concurring parties; and NOW, THEREFORE, the Corps, DAHP, Council and SDOT (collectively the Parties and individually the Party ) agree that should the Undertaking move forward to construction, that the following Corps-enforced stipulations resolve adverse effects to historic properties associated with the Undertaking, and that these stipulations shall govern the Project and all of its parts unless this MOA expires or is terminated. STIPULATIONS The Corps shall ensure that the following stipulations are implemented: 1. Elliott Bay Seawall. Construction will have an adverse effect on the Elliott Bay Seawall. To resolve this adverse effect, SDOT will implement the following measures: a. Railing. i. SDOT shall salvage a portion of the existing railing for use in future projects, or in museums for curation/display. SDOT will work with the Corps, DAHP, and interested parties to determine an appropriate disposition of the salvaged railing. Final disposition will require approval by the Corps and DAHP. ii. Consulting parties have expressed a strong preference that the permanent railing reflects the general character of the original. The replacement railings shall also meet code and life-safety requirements. SDOT shall consult with DAHP, the Corps and other interested consulting parties on the railing replacement and/or reuse in the following manner: Page 3 of 27

6 a) Within 60 days of MOA execution, SDOT shall meet with the Corps, DAHP and other interested consulting parties to gain input on key design elements to be considered for the permanent railing. At this initial meeting, a schedule for future coordination meetings will be defined, with a minimum of two meetings between the initial meeting, and the 60 percent railing design drawings milestone. SDOT shall take consulting party comments into consideration when developing the new railing. b) SDOT shall provide updated railing design information to the Corps, DAHP, and other interested consulting parties through 60 percent design. c) Upon completion of 60 percent design drawings, SDOT will meet with Corps, DAHP, and other interested consulting parties. Should the Parties determine that the railing does not reflect the general character of the original, to serve as mitigation for the loss of this railing SDOT shall allocate $100,000 to establish a fund that will be used for façade improvements or other relatively minor repairs/rehab needs for identified historic resources within the APE as mapped in Appendix A. Assistance with seismic retrofitting design and planning would also be eligible. Any funds granted must be used on projects that meet the Secretary of the Interior's Standards for Rehabilitation. The Alliance for Pioneer Square or a similarly capable organization will be responsible for administering the program, distributing funds based on a competitive grant process. In addition to the $100,000, up to an additional ten percent of funds ($10,000) will be made available to cover administrative costs associated with managing the grant program. The Corps and DAHP will review and approve any SDOT agreement with a potential granting agency prior to its implementation. To maximize benefit of the funds, the grant program should be designed to use matching public and private dollar awards. iii. SDOT shall coordinate with the Corps, DAHP, and the Pioneer Square Preservation Board to gain approval for installation of a permanent railing within the district boundaries that meets the architectural standards of that historic district. b. Historic EBSW Construction Methodology and Fill. SDOT shall prepare a "deconstruction" record as the project progresses to document construction methods, fill materials, and overall variations in the design history of the original seawall. This record shall include cross section drawings of types and variations of construction, and video. The record shall be filed with the Washington State archives and Seattle Municipal archives. When planning documentation of Seawall during deconstruction, use of high probability areas for archaeological resources should be chosen wherever possible, and archaeological monitoring should accompany controlled deconstruction. Overall archaeological monitoring is detailed in Stipulation 5. c. Documentation. SDOT shall prepare documentation of the seawall and railings, to include black and white large photography, compilation of historic drawings, maps, photos, narrative and descriptive history of the seawall per DAHP Level II Documentation standards. SDOT shall file this documentation with DAHP, Washington Page 4 of 27

7 State archives, and Seattle Municipal archives. d. Public Outreach. SDOT shall work with the consulting parties through meetings and conference calls to develop and implement a Public Outreach Plan. The City shall implement the plan in full, following timelines detailed in the plan. The plan will be developed according to the following process: i. Within 60 days of MOA execution, SDOT will organize meetings and conference calls with DAHP and the Consulting Tribes to develop a draft plan. SDOT will provide DAHP, the Corps, and other interested consulting parties with a copy of the draft Public Outreach Plan and meet with this group to review any additional comments. Comments received on the draft Public Outreach Plan will be incorporated. Any comments unable to be incorporated will be subject to additional negotiation. SDOT shall distribute the final plan to Corps, DAHP and other interested consulting parties. ii. In the event of a disagreement concerning development and implementation of the plan the dispute will be mediated with the Corps and the Council (per Stipulation 9.a.). iii. Costs for implementation for the plan are separate from the monetary commitments listed in Part 3.b. of this Agreement. iv. As part of the Public Outreach Plan SDOT will do the following: a) Install imaginative educational panels during the seawall reconstruction to inform the community and visitors about the project and the area's history (including native history; see Stipulation 3). Imaginative and educational panels shall be created in consultation with the Consulting Tribes. b) Support and coordinate a permanent interpretive installation at the site (i.e., in the wall or walkways) as part of the Public Outreach Plan and associated waterfront arts and interpretive planning. c) Make available an electronic presentation of the educational panels with seawall history and reconstruction online. d) Commission a new on-line essay regarding the EBSW on HistoryLink ( or a suitable alternative that has been approved by the Consulting Parties. e) Develop a schedule for implementation of each of the components of the plan. e. Seawall Appurtenances. SDOT shall inventory and record historic and/or artistic appurtenances (e.g. plaques, markers, brass medallions) from the existing railing and provide a copy of the documentation via to the consulting parties at least 5 business days prior to salvage. If there is no concern raised by any consulting party within this 5-day period, SDOT shall salvage the historic appurtenances as listed in the Page 5 of 27

8 documentation prior to project construction. During construction, all inventoried and salvaged items shall be stored by SDOT in a secure location. The storage location shall protect the appurtenances from decay. SDOT shall prepare a Seawall Appurtenances Plan to determine how these items will be permanently treated and provide the plan to the Corps and DAHP within 120 days of execution of this MOA. The plan will be prepared according to the following process: i. Within 60 days of MOA execution, SDOT shall meet with the Corps, DAHP and other interested consulting parties to review options for permanent treatment/use of the appurtenances. Key factors to be considered shall include: historic significance, opportunities of reuse in the central waterfront, costs for storage and potential refurbishment/maintenance, and methods for re-assigning ownership of the appurtenances should that be necessary. The possible reuse of these appurtenances shall be limited to reuse in the central waterfront, curation in an existing facility (temporary or permanent), or re-assignment of ownership. ii. Based upon the outcomes of this discussion, SDOT shall assemble a range of alternatives for permanent treatment of the appurtenances, and distribute for review and comment by the Corps and DAHP and other interested parties. iii. With the feedback on the range of alternatives, SDOT shall prepare a final Appurtenances Plan identifying the final treatment of the individual appurtenances, with applicable implementation mechanisms. DAHP and the Corps must approve the final plan, and SDOT shall implement the Seawall Appurtenances Plan. 2. Washington Street Boat Landing. The proposed habitat beach will degrade the historic setting, feeling, and association of the Boat Landing and introduce a non-historic configuration adjacent to and in front of the historic property. This will adversely affect the Boat Landing s connection with the water. SDOT will work with the consulting parties to preserve the Boat Landing s potential as an access point to watercraft. SDOT shall: a. Plantings. SDOT shall install plants in such a way as to preserve viewsheds in and around the boathouse. Vegetation shall not be placed directly adjacent to the structure. SDOT will consult with the Corp and DAHP on the plantings. The Corps and DAHP must approve the plant placement and type prior to planting, with the understanding that the plants must work within the parameters of habitat goals. b. Unintended Use and Nearshore Habitat. Vegetation may create a shield for undesirable activities, which in turn may encourage activities in and around the boathouse that could damage its historic fabric, such as vandalism. To minimize effects to the WSBL, only plantings essential for habitat goals shall be planted, and sightlines will be designed such that hiding spots for undesirable activities are not inadvertently created. c. Habitat Beach. The habitat beach is inconsistent with the historic nature of the WSBL. Page 6 of 27

9 Plans for the Habitat Beach shall be made available to the Corps, DAHP, and other interested parties for review and comment. SDOT shall reduce the protuberance and visual impact of the rock arms along the south side of the habitat beach to the extent that it will still retain its intended habitat function and stability. The design of the habitat beach shall ensure the navigability of the waterway to allow watercraft to reach the WSBL. d. Public Outreach. As mitigation for the adverse effect to the WSBL, SDOT will provide additional interpretive features/signage to explain the historic function and relationship of the WSBL to the waterfront and Pioneer Square, the geomorphology of the shoreline, and indigenous use of the immediate area prior to industrial development of Seattle. The interpretative features shall be developed with the Corps, DAHP, Pioneer Square Preservation Board, and other interested parties. The final product must meet PSPB approval. e. Pergola Restoration. As mitigation for the changes to the visual setting associated with the habitat beach, SDOT shall restore the pergola and re-install it in its original footprint and orientation, which will preserve the existing sightline from Washington Street toward Elliott Bay. Restoration will take place off-site, following the City of Seattle, Pioneer Square Preservation Board's certificate of approval (COA) dated June 13, 2013, included as if attached and incorporated by this reference. The restoration shall meet the Secretary of the Interior s Standards for Restoration. The existing conditions and removal and restoration process will be documented with photography and video. SDOT will repair any unintended damage to the structure during the removal, restoration, and replacement process in accordance with the Secretary of the Interior s Standards and in such a manner acceptable to the Corps, DAHP, and the Pioneer Square Preservation Board. Any new proposal or deviation from the approved COA affecting the Washington Street Boat Landing during the project implementation must be reviewed and approved by the Corps, DAHP and the Pioneer Square Preservation Board. SDOT shall provide periodic updates/briefings to the Pioneer Square Preservation Board and DAHP during restoration. f. Additional Mitigation. The current habitat beach is inconsistent with the historic setting of the WSBL, and even with the proposed minimization of plantings and reduced footprint the beach will encroach on the WSBL and the undertaking will have an adverse effect to the setting of the WSBL. In addition to the above, SDOT will contribute up to $30,000 for design and fabrication of two (2) Trail to Treasure wayside kiosks as delineated in the Trail to Treasure Master Plan, which is currently administered by the APS. Funding will be provided to APS. 3. Tribal Outreach. Tribes have stated that there is a potential for buried NRHP-eligible archaeological sites in the APE, and that due to the nature of construction the sites may not be identified or exposed during construction but if present may be adversely affected by construction. In recognition of native traditional occupation and continuing use of the area, SDOT shall work with the Consulting Tribes to develop interpretive and educational Page 7 of 27

10 components to be incorporated in the project to inform the public about Indian use of the Elliott Bay shoreline in the pre-contact and early historic periods, and to the present day. Within 30 days of execution of the MOA, SDOT will schedule meetings with the Consulting Tribes and work with them to develop a Tribal Outreach Plan for developing the educational and interpretative components cohesively into the project. Prior to implementation, the plan will be subject to review by Consulting Tribes. The Tribal Outreach Plan will include the following: a. Salmon Homecoming. Salmon Homecoming is an opportunity for public education as a traditional cultural event hosted and celebrated by native people for many centuries on the Bay. SDOT will provide the Salmon Homecoming Alliance with $25,000 in annual support for each year of the Phase I (i.e., Central Seawall) construction as defined in DA Permit No. NWS WRD is active during the month of September (currently estimated to take three years). SDOT will meet with the consulting Tribes within 60 days of the execution of this MOA to discuss continued access to city property for future Salmon Homecomings. b. Interpretation and Education. SDOT will allocate funding for this component not to exceed $25,000 for implementation of the interpretative and educational components under this Section for tribal outreach associated with the Seawall project. c. Consultation. SDOT will ensure that timely consultation and participation opportunities will be given to the Consulting Tribes regarding native history and culture during the planning and development of public art installations, education and interpretative planning, and funding related to the Seawall project. SDOT will coordinate with all Consulting Tribes to integrate tribal concerns with these plans. 4. Historic Building Damage. Construction has the potential to damage historic buildings in the APE. The purpose of this stipulation is to provide details on how damage will be avoided, minimized, and mitigated. Prior to construction, SDOT shall survey the existing conditions of historic buildings in the APE (as listed in Appendix B) as outlined in section 4.c. a. SDOT shall repair any damage caused by construction activities associated with the Project to historic properties within the APE (as listed in Appendix B) as outlined in the steps below. All repairs shall follow the Secretary of the Interior's Standards for Rehabilitation and shall be done under a COA from SDN if required. i. Upon suspected damage caused by construction, SDOT will immediately stop work causing the damage and notify the affected property owner(s), Corps, DAHP, and SDN of the damage. ii. SDOT will determine if the damage results in an emergency situation; if the damage does cause an emergency, repairs will be made in such a manner and to the extent necessary to alleviate the emergency in consultation with the affected property Page 8 of 27

11 owner(s) and, to the extent possible, the Corps, DAHP, and SDN. Once stabilized, SDOT will continue following the procedures below. iii. SDOT will develop a design for repair, in accordance with the Secretary of the Interior s Standards for Rehabilitation, in consultation with these agencies and the affected property owner(s). iv. SDOT will complete the repairs, and send confirmation to the affected property owner(s), the Corps, DAHP, and, if applicable, SDN, SHWA, or APS. b. To avoid and minimize the potential for Project construction to result in neglected historic properties within the APE, SDOT will implement a public outreach strategy that includes informational campaigns to encourage people to visit the waterfront and Pioneer Square during construction. In the event that any business housed within a historic structure within the APE (as listed in Appendix B) goes out of business during construction of the seawall as a direct result of the proposed work, SDOT shall be responsible for maintenance as necessary to maintain those characteristics of the property that make it eligible for listing in the NRHP, until a new tenant can be found. i. Within one week upon taking responsibility for the property, SDOT shall survey the property to note existing conditions, including any damage. SDOT will contact the Corps, DAHP, SDN, and, if applicable, APS or SWHA, to notify them of any damage requiring repair. ii. SDOT shall develop a design for repair, in accordance with the Secretary of the Interior s Standards for Rehabilitation, in consultation with these agencies and the affected property owner(s). iii. SDOT shall complete the repairs, and send confirmation to the affected property owner(s), the Corps, DAHP, and, if applicable, SDN or SHWA. iv. SDOT will not be responsible for any repairs or maintenance that do not pertain to the characteristics that make the property eligibility for listing in the NRHP, such as water, heating, property tax, and electricity, but would include such things as repairs to broken windows and doors, repairs to failing piles or piers, and repairs due to vandalism. Damage caused by natural causes (e.g., tsunami, earthquake, etc.) is excluded. c. Prior to construction that has the potential to cause vibration damage, SDOT shall develop a Vibration Monitoring and Management Plan, which will include a preconstruction survey of the existing site conditions, utilities, and buildings to establish baseline conditions and will consist of photographs of existing cracks and any other architectural or structural problems or deficiencies. Buildings to be surveyed will include those from Appendix B that have the potential to be damaged during construction. This plan will be provided to the Corps, DAHP, and, as applicable, SDN or SHWA for review and comment. If it is determined that EBSW construction caused damage to any historic building, SDOT will respond as outlined in 4.a. above. Page 9 of 27

12 5. Archaeological Monitoring and Curation. SDOT shall prepare an Archaeological Monitoring and Curation Plan prepared by an archaeologist meeting the Secretary of Interior Standards for a Professional Archaeologist. In consultation with DAHP and the Consulting Tribes SDOT shall identify parameters for archaeological monitoring. SDOT shall complete the monitoring plan for submission to the Corps no later than 7 days after this MOA is executed. The plan shall provide for tribal access for any consulting tribe during any ground disturbance, data recovery excavations, during construction of the Project, and during post construction monitoring. The plan will include information on curation of artifacts found during the project. The Archaeological Monitoring and Curation Plan and the Inadvertent Discovery Plan can be combined into one plan, and the curation portion of the plan can be developed as a stand-alone plan. The City will implement the Archaeological Monitoring and Curation Plan in full, following timelines detailed in the plan. After execution of this MOA, but prior to approval of the monitoring plan, SDOT may notify the Corps, DAHP, and Consulting Tribes by and phone about grounddisturbing work that they believe would have no potential to cause effects to historic properties, or that cannot be archaeologically monitored (e.g., jet grouting). If the Corps and DAHP, taking into consideration tribal comments, agree, then the proposed work may proceed following the terms of the IDP (Stipulation 6). 6. Inadvertent Discovery Plan. Construction has the potential to uncover previously unknown cultural material, including human remains. The purpose of this plan is to provide information on treatment of finds made during work not professionally monitored by an archaeologist (Stipulation 5). If human remains are discovered at any time during any data recovery or during construction work, work will cease immediately in the discovery vicinity, the location will be secured and law enforcement will be contacted. The treatment of human remains will comply with RCW SDOT shall prepare a plan detailing treatment of Inadvertent Discoveries for submission to the Corps no later than 7 days after this MOA is executed. Prior to implementation, the plan will be subject to review and comment by the consulting parties, and approval by the Parties. The City will implement the Inadvertent Discovery Plan in full, following timelines detailed in the plan. 7. Reporting. For any report or plan produced under this MOA, SDOT shall all consulting parties a draft version of the electronic copy to review. SDOT will revise the draft electronic copy in consideration of the comments. After final approval by the Parties, SDOT will provide consulting parties to this MOA two hard copies and one electronic copy of any plan or final report SDOT prepares as required under this MOA. SDOT will a yearly status update to the consulting parties detailing the current status of any incomplete Stipulation. Page 10 of 27

13 8. Plan Review. Consulting Party review of plans will be as follows: a. Plans required for construction. For plans that are required for initial project construction, the consulting party review and comment window will be one week. This includes the Vibration Monitoring and Management Plan, the Archaeological Monitoring and Curation Plan, and the Inadvertent Discovery Plan. b. Plans not required for construction. For plans are not required for initial project construction, the consulting party review and comment time will be 30 days. This includes the Public Outreach Plan, the Seawall Appurtenances Plan, the Tribal Outreach Plan, the Curation Plan (if created separately from the Archaeological Monitoring Plan) and the plans for the habitat beach. 9. Administrative Stipulations a. Dispute Resolution Should any consulting party to this agreement object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, the Corps shall consult with the objecting party(ies) to resolve the objection. If Corps determines, within 30 days, that such objection(s) cannot be resolved, Corps will: i. Forward all documentation relevant to the dispute to the Council in accordance with 36 CFR Part 800.2(b)(2). Upon receipt of adequate documentation, the Council shall review and advise the Corps on the resolution of the objection within 30 days. Any comment provided by the Council, and all comments from the parties to the MOA, will be taken into account by the Corps in reaching a final decision regarding the dispute. ii. If the Council does not provide comments regarding the dispute within 30 days after receipt of adequate documentation, the Corps may render a decision regarding the dispute. In reaching its decision, the Corps will take into account all comments regarding the dispute from the consulting parties to the MOA. iii. The Corps responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. The Corps will notify all consulting parties of its decision in writing before implementing that portion of the Undertaking subject to dispute under this stipulation. The Corps decision will be final. b. Amendments and Noncompliance Page 11 of 27

14 If any Party to this MOA determines that its terms will not or cannot be carried out or that an amendment to its terms must be made, that Party shall immediately consult with the other Parties to develop an amendment to this MOA pursuant to 36 CFR Part 800.6(c)(7) and Part 800.6(c)(8). The amendment will be effective on the date a copy signed by all of the original signatories is filed with the Council. If the Parties cannot agree to appropriate terms to amend the MOA, any Party may terminate the agreement in accordance with Stipulation 9.f., below. c. Plan Enforceability Any plan developed as a requirement of this MOA is subject to the laws that enforce this MOA. d. Primary Contact Information The contact information for each signatory to this MOA may be updated which shall not be considered an amendment to this MOA. An electronic message ( ) exchanged among the contacts, indicating the updated information, shall be sufficient provided the signature authority for each Party is included in such communication e. Duration If the terms of this agreement have not been implemented within ten years of execution of the MOA, this agreement shall be considered null and void, unless the signatories agree in writing to an extension for carrying out its terms. If this agreement is considered null and void, the Corps shall so notify the parties to this agreement, and if SDOT chooses to continue with the undertaking, shall re-initiate review of the undertaking in accordance with 36 CFR Part 800. f. Termination If an MOA is not amended following the consultation set out in Stipulation 9.b. it may be terminated by any signatory or invited signatory. Within 30 days following termination, the Corps shall notify the signatories if it will initiate consultation to execute an MOA with the signatories under 36 CFR 800.6(c)(1) or request the comments of the Council under 36 CFR 800.7(a) and proceed accordingly. Execution of this Memorandum of Agreement by the Corps, DAHP, Council and SDOT, and the submission of documentation and filing of this Memorandum of Agreement with the Council pursuant to 36 CFR Section 800.6(b)(1)(iv) prior to the Corps approval of this undertaking, and implementation of its terms evidence that the Corps has taken into account the effects of this undertaking on historic properties and afforded the Council an opportunity to comment. Page 12 of 27

15 SIGNATORY PARTY: U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT Bruce A. Estok Colonel, Corps of Engineers District Commander Date: Contact Information: Chris Jenkins, Regulatory Cultural Resources Program Manager US Army Corps of Engineers, Seattle District P.O. Box 3755 Seattle WA Voice: (206) Note: Signatures continued on next page. Page 13 of 27

16 SIGNATORY PARTY: THE WASHINGTON STATE DEPARMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION By: Date: Title: Allyson Brooks, Ph. D. State Historic Preservation Officer Contact Information: Greg Griffith Deputy State Historic Preservation Officer Department of Archaeology and Historic Preservation 1062 S. Capitol Way, Suite 106 Olympia, WA Voice: (360) Note: Signatures continued on next page. Page 14 of 27

17 SIGNATORY PARTY: THE ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Date: Title: John M. Fowler Executive Director Contact Information: John T. Eddins, PhD Advisory Council on Historic Preservation Old Post Office Building 1100 Pennsylvania Avenue, NW, Suite 803 Washington, DC Voice: (202) Note: Signatures continued on next page. Page 15 of 27

18 SIGNATORY PARTY: THE CITY OF SEATTLE By: Date: Title: Peter E. Hahn, Director Seattle Department of Transportation Contact Information: Mark Mazzola Manager, Environmental Services Seattle Department of Transportation Capital Projects & Roadway Structures Division 700 Fifth Avenue, Suite 3900 PO Box Seattle, WA Voice: (206) Note: Signatures continued on next page. Page 16 of 27

19 CONCURRING PARTY: MUCKLESHOOT INDIAN TRIBE By: Date: Title: Virginia Cross Tribal Council Chairperson Contact Information: Laura R. Murphy Archaeologist Muckleshoot Indian Tribe nd Ave. SE Auburn, WA Phone: (253) Note: Signatures continued on next page. Page 17 of 27

20 CONCURRING PARTY: STILLAGUAMISH TRIBE By: Date: Title: Shawn Yanity Chair, Stillaguamish Tribe of Indians Contact Information: Kerry Lyste, Cultural Resources Stillaguamish Tribe of Indians Post Office Box 277 Arlington, Washington Voice: (360) x226 Note: Signatures continued on next page. Page 18 of 27

21 CONCURRING PARTY: SNOQUALMIE INDIAN TRIBE By: Date: Title: Carolyn LubenauChair, Snoqualmie Tribe Contact Information: Steven Mullen-Moses Director Archaeology & Historic Preservation Snoqualmie Tribe Desk: x1106 Cell: Note: Signatures continued on next page. Page 19 of 27

22 CONCURRING PARTY: SUQUAMISH TRIBE By: Date: Title: Leonard Forsman Chair, Suquamish Tribe Contact Information: Dennis Lewarch, THPO The Suquamish Tribe PO Box 498 Suquamish, WA Voice: (360) Note: Signatures continued on next page. Page 20 of 27

23 CONCURRING PARTY: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: Date: Title: Contact Information: Kevin M. Bartoy, RPA Cultural Resources Lead WSDOT Northwest Region Dayton Avenue North Shoreline, WA Voice: (206) Cell: (206) Note: Signatures continued on next page. Page 21 of 27

24 CONCURRING PARTY: WASHINGTON DEPARTMENT OF NATURAL RESOURCES By: Date: Title: Contact Information: Maurice Major, Cultural Resource Specialist HCP and Scientific Consultation Section Washington Department of Natural Resources 1111 Washington Street SE PO Box Olympia, WA Voice: (360) Cell: (360) Page 22 of 27

25 CONCURRING PARTY: WASHINGTON STATE FERRIES By: Date: Title: David Moseley, Director Washington State Ferries Contact Information: Genevieve Rucki, P.E. Washington State Ferries rd Avenue, Suite 500 Seattle, WA Voice: (206) Note: Signatures continued on next page. Page 23 of 27

26 CONCURRING PARTY: SEATTLE DEPARTMENT OF NEIGHBORHOODS By: Date: Title: Karen Gordon Historic Preservation Officer Contact Information: Karen Gordon, Historic Preservation Officer Seattle Department of Neighborhoods 700 5th Avenue, Suite 1700 Post Office Box Seattle, WA Voice: (206) Note: Signatures continued on next page. Page 24 of 27

27 CONCURRING PARTY: ALLIANCE FOR PIONEER SQUARE By: Date: Title: Leslie G. Smith Executive Director Contact Information: Leslie G. Smith Executive Director The Alliance for Pioneer Square 310 1st Avenue South, Suite 238 Seattle, WA Voice: (206) x101 Cell: (206) Note: Signatures continued on next page. Page 25 of 27

28 CONCURRING PARTY: SEATTLE HISTORIC WATERFRONT ASSOCIATION By: Date: Title: Elaine L. Spencer Contact Information: Ms. Elaine L. Spencer, Graham & Dunn PC Seattle Historic Waterfront Association 2801 Alaskan Way, Suite 300 Seattle, WA Voice: (206) Note: Signatures continued on next page. Page 26 of 27

29 CONCURRING PARTY: WASHINGTON TRUST FOR HISTORIC PRESERVATION By: Date: Title: Chris Moore Field Director Contact Information: Chris Moore, Field Director Washington Trust for Historic Preservation Stimson-Green Mansion 1204 Minor Avenue Seattle, Washington Voice: (206) Cell: (206) Note: End of signature pages Page 27 of 27

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31 Elliott Bay Seawall Project Area of Potential Effects July 2012

32 Elliott Bay Seawall Project Area of Potential Effects July 2012

33 ALASKAN WAY S UNION ST POST AL Potential Construction Staging Locations Construction Work Area ALASKAN WY VI SB UNIVERSITY ST Pier 57 SENECA ST 3RD AVE 2ND AVE Pier 56 SENECA ST OFF RP SPRING ST POST AVE 1ST AVE WESTERN AVE Pier 55 MADISON ST Project APE Pier 54 MARION ST Pier 53 COLUMBIA ST ALASKAN E RDWY WAY COLUMBIA ST ON RP POST AVE ALASKAN WAY Pier 52 Pier 50 YESLER WAY S WASHINGTON ST N meters feet Pier 48 S MAIN ST

34 WESTERN AV OFF RP ELLIOTT AV ON RP BLANCHARD ST ELLIOTT AVE LENORA ST VIRGINIA ST 2ND AVE Potential Construction Staging Locations Construction Work Area OLIVE WAY 3RD AVE ALASKAN WAY LENORA ST PED BR POST AL STEWART ST PINE ST PIKE PL ALASKAN WY VI SB 1ST AVE VIRGINIA ST PIKE ST ALASKAN WY VI NB Pier 63 PINE ST ELLIOTT AVE Pier 62 ALASKAN E RDWY WAY PIKE HILL CLIMB Project APE Pier 61 UNION ST WESTERN AVE Pier 59 POST AL ALASKAN E RDWY WAY Pier 57 UNIVERSITY ST Pier 56 SENECA ST N meters feet Pier 55

35 VINE ST BATTERY ST TUNNEL SB Potential Construction Staging Locations Construction Work Area 3RD AVE WALL ST BATTERY ST 2ND AVE WESTERN AVE BELL ST 1ST AVE BLANCHARD ST ELLIOTT AVE ALASKAN WY VI NB ALASKAN WAY Pier 66 LENORA ST ELLIOTT AV ON RP WESTERN AV OFF RP LENORA ST PED BR ALASKAN WY VI SB Project APE ELLIOTT AVE Pier 63 Pier 62 PINE ST N meters feet

36 BAY ST Potential Construction Staging Locations Construction Work Area 2ND AVE ELLIOTT AVE WESTERN AVE BROAD ST 1ST AVE CLAY ST CEDAR ST Pier 70 VINE ST Pier 69 WALL ST Project APE Pier 67 ALASKAN WAY Pier 66 N meters feet

37 Appendix B: Assessment of Effect for NRHP-Eligible Properties in the APE. SWCA ID/ DAHP No. H1/ H2/ H3/ H4/ 45KI129 Address Current Name (Historic Name) Pioneer Square-Skid Road National Historic District Pike Place Public Market Historic District Alaskan Way Elliott Bay/Alaskan Way Seawall Alaskan Way/ Battery Street S. Main Street to Bell Street Foot of S. Washington Street Alaskan Way Viaduct and Battery Street Tunnel Burlington Northern Railroad Tunnel (Great Northern Railway Tunnel) Washington Street Boat Landing Pergola H5 1 Yesler Way One Yesler Building (Bedford Hotel) H6 H7 H11 H12 H13 H14 H Western Avenue 61 Columbia Street 925 Alaskan Way 911 Western Avenue 1001 Alaskan Way 1101 Alaskan Way 1201 Alaskan Way H Western Avenue H17 H18 H26 51 University Street 1301 Alaskan Way 1507 Western Avenue Western Building Polson Building Fire Station No. 5 Maritime Building Pier 54 ( Northern Pacific Railroad 3/Galbraith Dock) Pier 55 (Northern Pacific Railroad 4/Arlington Dock) Pier 56 (Frank Waterhouse Dock) (Olympic Warehouse) Pacific Net and Twine (Pacific Marine Supply) Pier 57 (John P. Agen s Dock/ Milwaukee Dock) Fix Building NRHP Status 1 Listed NRHP District Listed NRHP District Eligible NRHP (2009) Eligible NRHP (2001) Eligible NRHP (2009) Listed NRHP (1973) Listed NRHP (Contributing PSHD) Listed NRHP (Contributing PSHD) Listed NRHP (Contributing PSHD) Eligible NRHP (2009) Eligible NRHP (2009) Eligible NRHP (2009) Eligible NRHP (2009) Eligible NRHP (2009) Listed NRHP (1998) Eligible NRHP (2009) Eligible NRHP (2009) Eligible (2009) Corps Assessment of Effect No Adverse effect No Adverse effect Adverse Effect Adverse Effect

38 SWCA ID/ DAHP No. Address Current Name (Historic Name) NRHP Status 1 H27 Pike Place Main Arcade Pike Place Market Listed NRHP (contributing PPMHD 2011) H Elliott Avenue H35 77 Yesler Way Pioneer Square Hotel (Yesler Hotel) H Alaskan Way S. H37 68 S. Washington Street H38 77 S. Washington street H39 81 S. Washington Street H41 H42 H Alaskan Way S. 76 S. Main Street 80 S. Main Street Corps Assessment of Effect Old Spaghetti Factory Eligible NRHP Prudential Building 2 Washington Park Building (Lowman & Hanford) Lutheran Compass Center (Pacific Coast Company) St. Charles Hotel OK Hotel Boston Hotel Listed NRHP (Contributing PSHD) Listed NRHP (Contributing PSHD) Listed NRHP (Contributing PSHD) Listed NRHP (Contributing PSHD) Listed NRHP (Contributing PSHD) Listed NRHP (Contributing PSHD) Listed NRHP (Contributing PSHD) Argens Lock & Safe Company Listed NRHP 45KI1011 Pier 54 Submerged Debris Scatter Eligible (A and D) No Effect (avoidance) 1 NRHP = National Register of Historic Places; PPMHD = Pike Place Market Historic District; PSHD = Pioneer Square-Skid Road National Historic District