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Section 4: Cultural Resources

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National Historic Preservation Act (54 U.S.C. 300101 et seq. and 36 CFR Part 800) and/or Texas Antiquities Code (Texas Natural Resources Code, Chapter 191)

Ensure compliance with commitments made for the project. If necessary, do the following as required in the contract:

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  • Become aware of the commitments pertaining to cultural resources in the EPICs section in the PS&E.
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  • Ensure no construction-related activities occur in specifically designated project avoidance areas until the Department’s commitments have been completed. Some locations may be designated as avoidance areas for the duration of construction. Note: state law protects archeological site locations from disclosure, so project avoidance areas will be indicated on the plan sheets, but those avoidance areas will not be labeled as archeological sites. ENV will coordinate these commitments and their completion with the District.
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  • Ensure the barriers or other obstacles required by commitments are installed to prevent accidental impacts to protected resources.
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  • Ensure that ENV is given an opportunity to review project activities resulting from change orders that extend project impacts into new ROW or easements that were not included in the original PS&E. ENV will coordinate the review with appropriate parties. When work may resume, ENV will notify the District, and then the District will notify the contractor.

If archaeological materials are identified within the ROW or a Department-designated material source, cease all construction-related activities and report the find to the AE and DEQC in accordance with the contract and the Department’s Emergency Discovery Guidelines. When work may resume, ENV will notify the District, and then the District will notify the contractor.

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Texas Health and Safety Code, Chapter 711

If human remains are identified within the ROW or in a material source, cease all construction-related activities and report the find. Report the find first to local law enforcement and then to the AE and DEQC in accordance with the contract and the Department's Emergency Discovery Guidelines. When work may resume, ENV will notify the District, and then the District will notify the contractor.

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