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MEMORANDUM OF AGREEMENT <br />BETWEEN US ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT <br />CITY OF SAN MARCOS <br />TEXAS STATE UNIVERSITY, CENTER FOR ARCHAEOLOGICAL STUDIES <br />AND THE <br />TEXAS STATE HISTORIC PRESERVATION OFFICER <br />REGARDING THE RIO VISTA STORMWATER PROJECT AND THE MITIGATION OF <br />ADVERSE EFFECTS TO 41 HY261 <br />AND <br />OFFSITE MITIGATION OF THOSE ADVERSE EFFECTS AT SITE 41HY160 <br />October 10, 2013 <br />WHEREAS, US Army Corps of Engineers (USACE), Texas State Historic Preservation <br />Officer (SHPO), and other parties actually carrying out the project that is the subject of the <br />MOA; and <br />WHEREAS, the USACE plans to issue permit number 2011 -00304 to the City of San <br />Marcos for the Outfall Associated with the Rio Vista Stormwater Project pursuant to Section 404 <br />of the Clean Water Act thereby making the Project an undertaking subject to review under <br />Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. § 470f, and its <br />implementing regulations, 36 C.F.R. part 800 and 33 C.F.R part 325 (Appendix C); and <br />WHEREAS, the USACE and SHPO have defined the undertaking's area of potential <br />effect (APE) as within a portion of site 41 HY261; and <br />WHEREAS, the USACE has determined that the undertaking may have an adverse effect <br />on this historic property, which is eligible for listing in the National Register of Historic Places, <br />and has consulted with the SHPO pursuant to 36 C.F.R. part 800; and <br />WHEREAS, the USACE and SHPO have consulted with the City of San Marcos <br />(COSM), and Texas State University (TxState) about the historic and cultural significance of <br />41HY261, and has invited the COSM and TxState to sign this Memorandum of Agreement <br />(MOA) as an invited signatories; and <br />