Common use of Archaeological Resources Clause in Contracts

Archaeological Resources. A. Identification/Evaluation DelDOT in consultation with the DE SHPO and MD SHPO shall conduct identification (Phase I) archaeological surveys within the APE for the project, and will determine if identified sites will require a Phase II level archaeological survey to evaluate their National Register of Historic Places eligibility. Evaluation Studies (Phase II) may require additional background research and/or additional field excavations. DelDOT shall prepare reports on findings of the archaeological identification/evaluation surveys and shall submit the reports to the DE SHPO and MD SHPO, as appropriate, for their review and concurrence. Upon receipt of the document, the review period will be thirty (30) days. FHWA and DelDOT will take into account comments and will recommend any next steps. During the Evaluation Studies (Phase II), FHWA and DelDOT shall apply the National Register criteria (36 CFR 60.4) in accordance with 36 CFR 800.4 (c), taking into account applicable historic contexts and management plans developed for Delaware or Maryland’s historic and prehistoric archaeological resources. If FHWA and DelDOT determine that any of the National Register criteria are met, and the DE SHPO and/or the MD SHPO agrees, as applicable, the archaeological site(s) shall be considered eligible for the National Register. If FHWA and DelDOT determine that the National Register criteria are not met, and the DE SHPO and/or the MD SHPO agrees, as applicable, the archaeological site(s) shall be considered not eligible for the National Register. Based on the Evaluation Studies (Phase II), should a signatory to this agreement not agree on the eligibility determination of an archaeological site(s), the DelDOT or FHWA shall obtain a determination from the Secretary of the Interior, pursuant to 36 CFR 800.4(c)(2), 36 CFR 63.2(c) and 63.3(d). B. Effect Determination/Mitigation If eligible archaeological sites are identified and affected within the APE, DelDOT will make a reasonable effort to avoid these sites or to minimize impacts to them. If the eligible sites cannot be avoided, DelDOT will apply the Criteria of Adverse Effect in accordance with 36 CFR Part 800.5. If the project will have an adverse effect on archaeological sites, DelDOT in consultation with the DE SHPO and/or MD SHPO, shall develop a treatment plan. The treatment plan may include elements of data recovery or an alternative mitigation plan. DelDOT shall submit the treatment plan to the relevant SHPO and other consulting parties that may be identified, including Indian Tribes as defined in 36 CFR 800.16(m), for their review and comment. Upon receipt of the document, the review period will be thirty (30) days. Following 30 days, DelDOT will take into account any comments, and will recommend any next steps. Should data recovery investigations be warranted, DelDOT shall ensure that a data recovery plan is developed in consultation with the relevant SHPO. The plan shall specify, at a minimum: • the property, properties, or portions of properties where data recovery is to be carried out, and any property that will or may be destroyed without data recovery; • research questions to be addressed through data recovery, with an explanation of their relevance and importance; • the research methods to be used, with an explanation of their relevance to the research questions; • the methods to be used in analysis, data management, and data dissemination, including a schedule; • a provision for assessing materials that may be in need of conservation • proposed disposition of recovered materials and records; • proposed methods for involving the interested public in the data recovery, and for disseminating the results of the work to the interested public; • a proposed schedule for the submission of progress reports to the relevant SHPO; and • provisions to meet on-site in order to evaluate the success of the initial fieldwork phase of any data recovery program, and near the end of the fieldwork efforts to validate substantial completion. When and/or if an alternative mitigation strategy is chosen and approved by the DE SHPO, MD SHPO, FHWA, and DelDOT, it may include but is not limited to: analysis and synthesis of past data accumulated through either SHPO, FHWA, and DelDOT projects, updating the relevant SHPO and DelDOT archaeological websites and GIS databases, development of historic and prehistoric contexts and preservation priorities, statewide predictive models, development of travel or informational displays with the cultural resource work for this Project, and improved archaeological data management and access for both SHPO and DelDOT. DelDOT will complete all necessary data recovery field work prior to commencing construction in the site areas, alternative mitigation may or may not be completed prior to commencing construction in the site areas. DelDOT shall provide all draft and final archaeological reports and public information materials to the appropriate SHPO for review and comment. All final reports shall meet the Secretary of the Interior's standards and Guidelines for Archaeological Documentation (48 FR 44734-37), while also satisfying the necessary SHPO's guidelines for archaeological surveys or investigations.

Archaeological Resources. A. Identification/Evaluation DelDOT in consultation with the DE SHPO and MD SHPO shall conduct identification (Phase I) archaeological surveys within the APE for the project, and will determine if identified sites will require a Phase II level archaeological survey to evaluate their National Register of Historic Places eligibility. Evaluation Studies (Phase II) may require additional background research and/or additional field excavations. DelDOT shall prepare reports on findings Because of the possibility that significant buried cultural resources may be found during construction, the following language shall be included in construction contracts: If historical or unique archaeological identification/resources are accidentally discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project proponent shall notify the Director of the Archaeological Regional Research Center to arrange for an immediate evaluation surveys and of the find by a qualified archaeologist. The qualified archaeologist shall submit determine whether or not the reports site is a historical resource as defined in CEQA Guidelines section 15064.5(a). If it is determined that the site is a historical resource, the City shall refer to the DE SHPO provisions of CEQA Guidelines section 15064.5 and MD SHPO, as appropriate, for their review and concurrence. Upon receipt the provisions of section 15126.4 of the documentPublic Resources Code to determine the significant environmental effects of the Project on this historical resource. If the archaeological site does not meet the criteria defined in CEQA Guidelines section 15064.5(a), but does meet the definition of a unique archaeological resource in Public Resources Code section 21083.2, the review period will preferred project site shall be thirty (30) days. FHWA and DelDOT will take into account comments and will recommend any next steps. During the Evaluation Studies (Phase II), FHWA and DelDOT shall apply the National Register criteria (36 CFR 60.4) treated in accordance with 36 CFR 800.4 (c), taking into account applicable historic contexts and management plans developed for Delaware or Maryland’s historic and prehistoric archaeological resourcesthe provisions of this section. If FHWA it is found that the Project will cause damage to a unique archaeological resource, the City shall require that reasonable efforts be made to permit any or all of these resources to be preserved in place or left in an undisturbed state. Some of the measures to be taken in the event of a discovery include: planning future construction to avoid the archaeological site; deeding archaeological sites into permanent conservation easements; capping or covering archaeological site with a layer of soil before building on the sites; and/or planning parks, green space or other open space to incorporate the archaeological sites in the site plan. (MM 20) 37. DISCOVERY OF HUMAN REMAINS. Because of the possibility of accidental discovery or recognition of any human remains during construction, the following language shall be included in construction contracts, in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the City Police Department is notified and DelDOT contacts the coroner of Monterey County to determine that any no investigation of the National Register criteria are metcause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the DE SHPO and/or mediation by the MD SHPO agrees, as applicable, the archaeological site(s) shall be considered eligible for the National Register. If FHWA and DelDOT determine that the National Register criteria are not met, and the DE SHPO and/or the MD SHPO agrees, as applicable, the archaeological site(s) shall be considered not eligible for the National Register. Based on the Evaluation Studies (Phase II), should a signatory Native American Heritage Commission fails to this agreement not agree on the eligibility determination of an archaeological site(s), the DelDOT or FHWA shall obtain a determination from the Secretary of the Interior, pursuant to 36 CFR 800.4(c)(2), 36 CFR 63.2(c) and 63.3(d). B. Effect Determination/Mitigation If eligible archaeological sites are identified and affected within the APE, DelDOT will make a reasonable effort to avoid these sites or to minimize impacts to them. If the eligible sites cannot be avoided, DelDOT will apply the Criteria of Adverse Effect in accordance with 36 CFR Part 800.5. If the project will have an adverse effect on archaeological sites, DelDOT in consultation with the DE SHPO and/or MD SHPO, shall develop a treatment plan. The treatment plan may include elements of data recovery or an alternative mitigation plan. DelDOT shall submit the treatment plan provide measures acceptable to the relevant SHPO and other consulting parties that may be identified, including Indian Tribes as defined in 36 CFR 800.16(mlandowner. (MM 21), for their review and comment. Upon receipt of the document, the review period will be thirty (30) days. Following 30 days, DelDOT will take into account any comments, and will recommend any next steps. Should data recovery investigations be warranted, DelDOT shall ensure that a data recovery plan is developed in consultation with the relevant SHPO. The plan shall specify, at a minimum: • the property, properties, or portions of properties where data recovery is to be carried out, and any property that will or may be destroyed without data recovery; • research questions to be addressed through data recovery, with an explanation of their relevance and importance; • the research methods to be used, with an explanation of their relevance to the research questions; • the methods to be used in analysis, data management, and data dissemination, including a schedule; • a provision for assessing materials that may be in need of conservation • proposed disposition of recovered materials and records; • proposed methods for involving the interested public in the data recovery, and for disseminating the results of the work to the interested public; • a proposed schedule for the submission of progress reports to the relevant SHPO; and • provisions to meet on-site in order to evaluate the success of the initial fieldwork phase of any data recovery program, and near the end of the fieldwork efforts to validate substantial completion. When and/or if an alternative mitigation strategy is chosen and approved by the DE SHPO, MD SHPO, FHWA, and DelDOT, it may include but is not limited to: analysis and synthesis of past data accumulated through either SHPO, FHWA, and DelDOT projects, updating the relevant SHPO and DelDOT archaeological websites and GIS databases, development of historic and prehistoric contexts and preservation priorities, statewide predictive models, development of travel or informational displays with the cultural resource work for this Project, and improved archaeological data management and access for both SHPO and DelDOT. DelDOT will complete all necessary data recovery field work prior to commencing construction in the site areas, alternative mitigation may or may not be completed prior to commencing construction in the site areas. DelDOT shall provide all draft and final archaeological reports and public information materials to the appropriate SHPO for review and comment. All final reports shall meet the Secretary of the Interior's standards and Guidelines for Archaeological Documentation (48 FR 44734-37), while also satisfying the necessary SHPO's guidelines for archaeological surveys or investigations.

Archaeological Resources. A. Identification/Evaluation DelDOT The City of Detroit will develop a construction archeological monitoring program for areas of the Project that have the potential to affect Capitol Park (20WN785) or elements of the pre-1805 city. These areas are the north side of State Street adjacent to Capitol Park, Washington Boulevard south of Fort Street, those portions of Xxxxxx Avenue and Congress Street between Washington Boulevard and Xxxxxxxx Street, and the north side of Xxxxxx Avenue near the east side of Xxxxxxxx Avenue. All ground disturbing activities reaching 0.6 meter (24 inches) below grade in these areas shall be monitored by a professional archaeologist who meets the Secretary of Interior’s qualifications for that discipline (36 CFR Part 61). B. If unanticipated archaeological artifacts, structures, human remains, or other resources are encountered, the City of Detroit will: (1) stop work involving subsurface ground disturbance in the area of the find and, as determined by the professional archeologist, in the surrounding area where further subsurface finds can be reasonably expected; (2) notify the SHPO, the FTA, and Indian tribes (if appropriate) about the discovery; (3) have the archaeologist investigate the discovery and recommend to SHPO either: (a) that construction be permitted to resume, or (b) that the discovery be further investigated and if FTA determines, consultation with the DE SHPO and MD SHPO shall conduct identification (Phase I) archaeological surveys within the APE undertaken, to determine if it is eligible for the project, NRHP. Construction may resume if the qualified archaeologist so recommends and will determine if identified sites will require a Phase II level archaeological survey SHPO agrees. Should SHPO fail to evaluate their National Register of Historic Places eligibility. Evaluation Studies (Phase II) may require additional background research and/or additional field excavations. DelDOT shall prepare reports on findings of the archaeological identification/evaluation surveys and shall submit the reports to the DE SHPO and MD SHPO, as appropriate, for their review and concurrence. Upon respond within 21 calendar days after receipt of the documentnotification and investigation, the review period will City of Detroit shall proceed in accordance with the qualified archaeologist’s recommendation. C. If the qualified archaeologist recommends further investigation of the discovery, an expedited process shall be thirty (30) days. FHWA and DelDOT will take into account comments and will recommend any next steps. During the Evaluation Studies (Phase II), FHWA and DelDOT shall apply the National Register criteria (36 CFR 60.4) followed in accordance with 36 CFR 800.4 800.13(b) which: (c), taking into account applicable historic contexts and management plans developed for Delaware or Maryland’s historic and prehistoric archaeological resources. If FHWA and DelDOT determine that any 1) determines the eligibility of the National Register criteria are met, archaeological resource; (2) if the resource is deemed eligible and the DE SHPO and/or the MD SHPO agrees, as applicable, determines the archaeological site(s) shall be considered eligible for the National Register. If FHWA and DelDOT determine that the National Register criteria are not met, and the DE SHPO and/or the MD SHPO agrees, as applicable, the archaeological site(s) shall be considered not eligible for the National Register. Based on the Evaluation Studies (Phase II), should a signatory to this agreement not agree on the eligibility determination of an archaeological site(s), the DelDOT or FHWA shall obtain a determination from the Secretary extent of the Interior, pursuant resource affected by the Project; (3) considers Project changes to 36 CFR 800.4(c)(2), 36 CFR 63.2(c) and 63.3(d). B. Effect Determination/Mitigation If avoid an eligible archaeological sites are identified and affected within the APEresource, DelDOT will make a reasonable effort to avoid these sites or to minimize impacts to them. If the eligible sites cannot be avoided, DelDOT will apply the Criteria of Adverse Effect in accordance with 36 CFR Part 800.5. If the project will have an adverse effect on archaeological sites, DelDOT in consultation with the DE SHPO and/or MD SHPO, shall develop a treatment plan. The treatment plan may include elements of data recovery or an alternative mitigation plan. DelDOT shall submit the treatment plan to the relevant SHPO and other consulting parties that may be identified, including Indian Tribes as defined in 36 CFR 800.16(m), for their review and comment. Upon receipt of the document, the review period will be thirty if feasible; (304) days. Following 30 days, DelDOT will take into account any comments, and will recommend any next steps. Should data recovery investigations be warranted, DelDOT shall ensure that develops a data recovery plan if the resource is not avoidable; (5) executes the data recovery plan for the resource; and (6) curates the results. Details of these activities shall be expeditiously developed and executed by the qualified archaeologist in consultation with the relevant SHPO. SHPO’s failure to respond within seven days of any written request for comment or concurrence shall be deemed concurrence. D. The plan City of Detroit shall specify, at develop a minimum: • the property, properties, or portions of properties where preliminary data recovery is to be carried out, plan before construction begins and any property must submit that will or may be destroyed without data recovery; • research questions to be addressed through data recovery, with an explanation of their relevance and importance; • the research methods to be used, with an explanation of their relevance to the research questions; • the methods to be used in analysis, data management, and data dissemination, including a schedule; • a provision for assessing materials that may be in need of conservation • proposed disposition of recovered materials and records; • proposed methods for involving the interested public in the data recovery, and for disseminating the results of the work to the interested public; • a proposed schedule for the submission of progress reports to the relevant SHPO; and • provisions to meet on-site in order to evaluate the success of the initial fieldwork phase of any data recovery program, and near the end of the fieldwork efforts plan to validate substantial completion. When and/or if an alternative mitigation strategy is chosen and approved by the DE SHPO, MD SHPO, FHWA, and DelDOT, it may include but is not limited to: analysis and synthesis of past data accumulated through either SHPO, FHWA, and DelDOT projects, updating the relevant SHPO and DelDOT archaeological websites and GIS databases, development of historic and prehistoric contexts and preservation priorities, statewide predictive models, development of travel or informational displays with the cultural resource work for this Project, and improved archaeological data management and access for both SHPO and DelDOT. DelDOT will complete all necessary data recovery field work prior to commencing construction in the site areas, alternative mitigation may or may not be completed prior to commencing construction in the site areas. DelDOT shall provide all draft and final archaeological reports and public information materials to the appropriate SHPO for review and comment. All final reports shall meet the Secretary of the Interior's standards and Guidelines for Archaeological Documentation (48 FR 44734-37), while also satisfying the necessary SHPO's guidelines for archaeological surveys or investigationsapproval before construction may begin.

Archaeological Resources. A. Identification/Evaluation DelDOT The City of Detroit will develop a construction archeological monitoring program for areas of the Project that have the potential to affect Capitol Park (20WN785) or elements of the pre-1805 city. These areas are the north side of State Street adjacent to Capitol Park, Washington Boulevard south of Fort Street, those portions of Larned Avenue and Congress Street between Washington Boulevard and Xxxxxxxx Street, and the north side of Larned Avenue near the east side of Xxxxxxxx Avenue. All ground disturbing activities reaching 0.6 meter (24 inches) below grade in these areas shall be monitored by a professional archaeologist who meets the Secretary of Interior’s qualifications for that discipline (36 CFR Part 61). B. If unanticipated archaeological artifacts, structures, human remains, or other resources are encountered, the City of Detroit will: (1) stop work involving subsurface ground disturbance in the area of the find and, as determined by the professional archeologist, in the surrounding area where further subsurface finds can be reasonably expected; (2) notify the SHPO, the FTA, and Indian tribes (if appropriate) about the discovery; (3) have the archaeologist investigate the discovery and recommend to SHPO either: (a) that construction be permitted to resume, or (b) that the discovery be further investigated and if FTA determines, consultation with the DE SHPO and MD SHPO shall conduct identification (Phase I) archaeological surveys within the APE undertaken, to determine if it is eligible for the project, NRHP. Construction may resume if the qualified archaeologist so recommends and will determine if identified sites will require a Phase II level archaeological survey XXXX agrees. Should SHPO fail to evaluate their National Register of Historic Places eligibility. Evaluation Studies (Phase II) may require additional background research and/or additional field excavations. DelDOT shall prepare reports on findings of the archaeological identification/evaluation surveys and shall submit the reports to the DE SHPO and MD SHPO, as appropriate, for their review and concurrence. Upon respond within 21 calendar days after receipt of the documentnotification and investigation, the review period will City of Detroit shall proceed in accordance with the qualified archaeologist’s recommendation. C. If the qualified archaeologist recommends further investigation of the discovery, an expedited process shall be thirty (30) days. FHWA and DelDOT will take into account comments and will recommend any next steps. During the Evaluation Studies (Phase II), FHWA and DelDOT shall apply the National Register criteria (36 CFR 60.4) followed in accordance with 36 CFR 800.4 800.13(b) which: (c), taking into account applicable historic contexts and management plans developed for Delaware or Maryland’s historic and prehistoric archaeological resources. If FHWA and DelDOT determine that any 1) determines the eligibility of the National Register criteria are met, archaeological resource; (2) if the resource is deemed eligible and the DE SHPO and/or the MD SHPO agrees, as applicable, determines the archaeological site(s) shall be considered eligible for the National Register. If FHWA and DelDOT determine that the National Register criteria are not met, and the DE SHPO and/or the MD SHPO agrees, as applicable, the archaeological site(s) shall be considered not eligible for the National Register. Based on the Evaluation Studies (Phase II), should a signatory to this agreement not agree on the eligibility determination of an archaeological site(s), the DelDOT or FHWA shall obtain a determination from the Secretary extent of the Interior, pursuant resource affected by the Project; (3) considers Project changes to 36 CFR 800.4(c)(2), 36 CFR 63.2(c) and 63.3(d). B. Effect Determination/Mitigation If avoid an eligible archaeological sites are identified and affected within the APEresource, DelDOT will make a reasonable effort to avoid these sites or to minimize impacts to them. If the eligible sites cannot be avoided, DelDOT will apply the Criteria of Adverse Effect in accordance with 36 CFR Part 800.5. If the project will have an adverse effect on archaeological sites, DelDOT in consultation with the DE SHPO and/or MD SHPO, shall develop a treatment plan. The treatment plan may include elements of data recovery or an alternative mitigation plan. DelDOT shall submit the treatment plan to the relevant SHPO and other consulting parties that may be identified, including Indian Tribes as defined in 36 CFR 800.16(m), for their review and comment. Upon receipt of the document, the review period will be thirty if feasible; (304) days. Following 30 days, DelDOT will take into account any comments, and will recommend any next steps. Should data recovery investigations be warranted, DelDOT shall ensure that develops a data recovery plan if the resource is not avoidable; (5) executes the data recovery plan for the resource; and (6) curates the results. Details of these activities shall be expeditiously developed and executed by the qualified archaeologist in consultation with the relevant SHPO. SHPO’s failure to respond within seven days of any written request for comment or concurrence shall be deemed concurrence. D. The plan City of Detroit shall specify, at develop a minimum: • the property, properties, or portions of properties where preliminary data recovery is to be carried out, plan before construction begins and any property must submit that will or may be destroyed without data recovery; • research questions to be addressed through data recovery, with an explanation of their relevance and importance; • the research methods to be used, with an explanation of their relevance to the research questions; • the methods to be used in analysis, data management, and data dissemination, including a schedule; • a provision for assessing materials that may be in need of conservation • proposed disposition of recovered materials and records; • proposed methods for involving the interested public in the data recovery, and for disseminating the results of the work to the interested public; • a proposed schedule for the submission of progress reports to the relevant SHPO; and • provisions to meet on-site in order to evaluate the success of the initial fieldwork phase of any data recovery program, and near the end of the fieldwork efforts plan to validate substantial completion. When and/or if an alternative mitigation strategy is chosen and approved by the DE SHPO, MD SHPO, FHWA, and DelDOT, it may include but is not limited to: analysis and synthesis of past data accumulated through either SHPO, FHWA, and DelDOT projects, updating the relevant SHPO and DelDOT archaeological websites and GIS databases, development of historic and prehistoric contexts and preservation priorities, statewide predictive models, development of travel or informational displays with the cultural resource work for this Project, and improved archaeological data management and access for both SHPO and DelDOT. DelDOT will complete all necessary data recovery field work prior to commencing construction in the site areas, alternative mitigation may or may not be completed prior to commencing construction in the site areas. DelDOT shall provide all draft and final archaeological reports and public information materials to the appropriate SHPO for review and comment. All final reports shall meet the Secretary of the Interior's standards and Guidelines for Archaeological Documentation (48 FR 44734-37), while also satisfying the necessary SHPO's guidelines for archaeological surveys or investigationsapproval before construction may begin.