SECTION 2.260. Surveys for Archeological Sites and Cemeteries

(a) Surveys may be limited to an evaluation of existing impacts or stratigraphic integrity when these activities are sufficient to determine that any sites present are unlikely to be eligible.

(b) Eligibility determinations made by TxDOT under this MOU will not require further investigation if TxDOT demonstrates that the portion of the site to be affected is not likely to have sufficient integrity to be eligible.

(c) For portions of the APE where deposits may retain sufficient integrity for sites to be eligible, TxDOT survey methods will conform with THC's Archeological Survey Standards, underwater survey standards promulgated in 13 TAC Chapter 28, or with other appropriate methods, except as provided in paragraphs (1) and (2) of this subsection:

(1) TxDOT reserves the right to depart from published survey standards in cases where it deems appropriate.

(2) THC reserves the right to review non-standard procedures for their adequacy.

(d) Survey methods will be considered adequate for the identification of burials and cemetery boundaries when the portions of the APE within 25 feet of a known cemetery have been investigated and the survey included scraping to a depth adequate to determine whether grave shafts or burials occur in the APE.

(e) A survey to identify burials does not comprise an activity with the potential to cause an adverse effect to a historic property.

Source Note: The provisions of this §2.260 adopted to be effective August 15, 2018, 43 TexReg 5237