UNANTICIPATED DISCOVERIES Sample Clauses

UNANTICIPATED DISCOVERIES. 1. If previously unidentified archaeological or historic properties, or unanticipated effects, are discovered after VTrans has completed its review under this Agreement, that portion of the project will stop immediately. 2. No further construction in the area of discovery will proceed until the requirements of 36 CFR § 800.13 and NAGPRA implementing regulations at 43 CFR § 10, if applicable, have been satisfied, including consultation with Tribes that may attach traditional cultural and religious significance to the discovered property. 3. VTrans will consult with SHPO and Tribes, as appropriate, to record, document, and evaluate NRHP eligibility of the property and the project’s effect on the property, and to design a plan for avoiding, minimizing, or mitigating adverse effects on the eligible property. 4. If neither SHPO nor a Tribe file an objection within seventy-two (72) hours of VTrans’ plan for addressing the discovery, VTrans may carry out the requirements of 36 CFR § 800.13 on behalf of FHWA and ACHP does not need to be notified.

UNANTICIPATED DISCOVERIES a) In the event of a discovery of a previously unidentified cultural resource, including but not limited to archaeological sites, standing structures, human remains, and TCPs, after the review process and during construction, the NRCS Louisiana CRS and/or Archaeological Contractor will immediately secure that portion of the APE by the most appropriate available means, to include but not necessarily limited to a 30 m radius buffer around the unexpected discovery and suspend work in that buffered area of the affected resource. The NRCS Louisiana CRS will immediately notify the Louisiana SHPO, consulting Indian tribes/THPOs, and additional consulting parties, as appropriate, of the finding. Any previously unidentified cultural resource will be treated as though it is eligible for the NRHP until other determinations may be made. If consulting parties agree that the cultural resource is not eligible for the NRHP, then suspension of work will end. If the consulting parties agree that the cultural resource is eligible for the NRHP, the NRCS Louisiana, in consultation with the Louisiana SHPO, consulting Indian tribes/THPOs, and additional consulting parties, as appropriate, will develop a treatment plan or Standard Mitigation Measures agreement in accordance with Stipulation VII. NRCS Louisiana will implement the plan or Standard Mitigation Measures agreement once approved by the Louisiana SHPO, Indian tribes/THPOs, and additional consulting parties, as appropriate. If there is a disagreement that cannot be resolved, the formal dispute resolution provisions in Stipulation VIII will be implemented. b) The NRCS Louisiana will ensure that all contractors (non-archaeological) are made aware of the requirements of the Agreement. In the event that a contractor discovers a previously unidentified cultural resource, the contractor shall immediately notify the Louisiana CRS and/or CR POC and refrain from further project activities within a minimum of 30 m from the discovery (30 m radius no work buffer), and shall take reasonable efforts to avoid and minimize harm to the cultural resource. NRCS Louisiana will implement any additional measures though necessary to secure the cultural resource for safety and security concerns.

UNANTICIPATED DISCOVERIES. In the event a previously unknown cultural resource is discovered during the implementation of the Xxxxx-Xxxxxxx Project, all ground disturbance activities shall halt within 150 feet of the area of discovery to avoid or minimize impacts until the property is evaluated for listing on the NRHP by qualified personnel. The following additional steps shall be taken: a) Powertech will notify the NRC, the BLM (if the site is on BLM land), and the SD SHPO of the discovery within 48 hours. Unanticipated discoveries may include artifacts, bone, features, or concentrations of these materials outside previously identified sites, or in and adjacent to previously identified eligible and not eligible sites. Discoveries may also include stones and groups of stones that are out of place in their sedimentary contexts and may be parts of stone features. A “discovery” may also include changes in soil color and texture, or content suspected to be man-made, such as burned soil, ash, or charcoal fragments. b) The NRC and BLM (as appropriate) will contact the THPO and/or the Tribal Cultural Resource Office(s) to notify them of an unanticipated discovery soon after notification from Powertech is received. c) Powertech will have the discovery evaluated for NRHP eligibility by a professional who meets the Secretary of the Interior’s Professional Qualifications Standards in Archaeology (36 CFR § 61). d) Powertech will provide results of evaluation and initial eligibility recommendation to the NRC and BLM within ten business days of the discovery. If Tribes want to participate in the evaluation efforts, they should contact Powertech within the specified review period. e) The NRC and/or BLM, in consultation with Tribes and other consulting parties, shall evaluate the cultural resources to determine whether they meet the NRHP criteria and request concurrence of the SD SHPO. Evaluation will be carried out as expeditiously as possible, not to exceed 5 business days. f) When the NRC, BLM, and SD SHPO agree evaluated properties are NRHP-eligible, avoidance of the properties will be the preferred option. When avoidance is not possible and adverse effects will result, adverse effects will be resolved in accordance with Stipulation 5—Resolution of Adverse Effects. g) If the NRC, BLM, and SD SHPO, in consultation with the Tribes, make the determination that identified cultural resources are not eligible for listing on the NRHP, no further review or consideration of the properties will be requir...

UNANTICIPATED DISCOVERIES. A. Amtrak will develop an Unanticipated Discoveries Plan (UDP) to be included in construction and bidding documents for contractor/team use in the event of unanticipated discoveries. The plan will incorporate a procedure for interacting with the media, a chain of contact, and other relevant provisions, as needed. Amtrak will submit the UDP to the signatories and concurring parties for review and comment following the steps described in Stipulation XI. B. In the event any previously unidentified historic architectural or archeological resource is discovered, Amtrak will require the contractor to halt all work that may affect the resource. For any discovered archeological resources, Amtrak will also halt work in surrounding areas where additional subsurface remains can reasonably be expected to be present. Work in all other areas of the Project may continue. C. Amtrak will notify the signatories and consulting parties, and FRA will notify appropriate federally recognized Native American tribes, if appropriate, within 48 hours of the discovery (36 CFR § 800.13(b)(3)). As needed, FRA will also identify and invite additional consulting parties to confer on unanticipated discoveries. X. Xxxxxx, in consultation with the signatories and consulting parties, will investigate the discovery site and resource(s) according to the professional standards and guidelines contained in Stipulation IV. Amtrak will prepare and submit a written document containing a proposed determination of NRHP eligibility of the resource, an assessment of project effects on historic properties, if appropriate, and any recommended treatment measures to FRA for review. Upon FRA’s approval, Amtrak will submit the determination of NRHP eligibility, effects assessment, and/or recommended treatment measures document, if appropriate, to MD SHPO and consulting parties, as appropriate, for review and comment. If the potential resource is associated with Native American prehistory or history, FRA will provide the documentation to federally recognized Native American tribes within five working days for their review with a request for comment. The signatories, consulting parties, and federally recognized Native American tribes, if participating, will respond with any comments within five (5) working days of receipt. E. If it is necessary to develop treatment measures in accordance with Stipulation VIII.D., above, Amtrak will carry out the approach and treatment measures after approval by FRA. F. Amtrak w...

UNANTICIPATED DISCOVERIES. If previously unidentified historic properties are discovered during Project construction that may be affected by the undertaking, Eversource and DCR shall notify the signatories of the discovery and cease all work at that location until the requirements of 36 CFR 800.13 and 33 CFR 325, Appendix C have been satisfied.

UNANTICIPATED DISCOVERIES. A. In the event that human remains are encountered during ground disturbing activities within the APE, LJCMG must immediately stop all work in the area and cordon off the area. In accordance with KRS 72.020, the County Coroner and the Louisville Police Department must be contacted immediately. If the County Coroner and the Louisville Police Department determine that the human remains are not of forensic interest, the unexpected discovery must be reported to Kentucky SHPO and LJCMG. B. In the event that previously unidentified archaeological resources are discovered during ground disturbing activities or unanticipated adverse effects occur on previously identified archaeological sites within the APE, LJCMG will immediately halt all construction work involving subsurface disturbance in the area of the resource and in the surrounding area where further subsurface resources can reasonably be expected to occur and immediately notify the LJCMG and Kentucky SHPO of the discovery. C. LJCMG and Kentucky SHPO, or an archaeologist approved by them, will inspect the work site within two business days of notification to Kentucky SHPO and determine the area and nature of the affected archaeological resource. Construction work may then continue in the area outside the archaeological resource as defined by LJCMG and Kentucky SHPO, or their designated representatives as long as the resumed construction activities do not impede the archaeological investigations or create a dangerous working environment in the area of the archaeological resources. 1. After the initial inspection, if Kentucky SHPO deems it warranted, an archaeologist who meets the Secretary of the Interior's Professional Qualification Standard, as set forth in 36 CFR Part 61 will contact the Office of State Archaeology (OSA) to obtain a site number. 2. Within 10 working days of the OSA registering the site, LJCMG, in consultation with Kentucky SHPO, will determine the NRHP eligibility of the resource. 3. If LJCMG, in consultation with Kentucky SHPO, determines that the resource is eligible or potentially eligible for inclusion in the NRHP, LJCMG will prepare a plan for its avoidance, protection, or recovery of information. LJCMG and Kentucky SHPO must approve such plan prior to implementation. 4. Work in the affected area must not proceed until either: the development and implementation of appropriate data recovery or other recommended mitigation procedures, or the determination is made that the located resou...

UNANTICIPATED DISCOVERIES. A. Unanticipated discoveries, including but not limited to human remains, shall comply with applicable state notification standards, federal laws, 36 CFR § 800.13, and the ACHP’s Policy Statement Regarding Treatment of Burial Sites, Human Remains, or Funerary Objects (February 23, 2007). The RE shall ensure that a copy of the unanticipated discovery plan remains onsite for review. The RE shall ensure that requirements of the unanticipated discovery are incorporated into all construction contracts and are in keeping with confidentiality restrictions.

UNANTICIPATED DISCOVERIES. A. Although archaeological resources are not expected to exist in the immediate project area, unanticipated discoveries may occur. If ground-disturbing activities uncover human remains or archeological or historic resources the County is responsible for the following procedures: a. If the discovery includes human remains or other indications of human interment, Stipulation VI of this Agreement, Human Remains Discovery Protocol will be adhered to. b. If the discovery does not appear to include human remains or other indications of human interment, the County will ensure that the following steps will occur: i. Suspend activities in the vicinity of the discovery and protect the site from any further disturbance. ii. Notify GOSR at 000-000-0000, FEMA at 000-000-0000 and SHPO at 518-237-8643, regarding the discovery; produce digital photographs, which can be transmitted electronically, and which will be sent to GOSR and SHPO under their direction. These photos are for use by the agencies only for identification purposes and will not be duplicated or shared. iii. GOSR and SHPO will then make a determination whether the discovery warrants additional examination will determine how to proceed in accordance with 36 C.F.R. Part 800.

UNANTICIPATED DISCOVERIES. A. If previously unidentified historic properties are identified during construction, then construction will cease in tan area sufficient to ensure there will be no inadvertent impacts, and the CRM will notify the USACE and MassDOT with information about the historic properties. USACE, in consultation with the CRM and other consulting parties, shall evaluate the historic properties to determine if they meet the NRHP criteria and request SHPO concurrence. 1. If the USACE and the SHPO agree that a property is eligible for listing on the NRHP, USACE, in cooperation with the CRM and any other consulting parties, will evaluate the potential effects to that historic property according to Stipulation III above. 2. If the USACE and the SHPO disagree regarding the NRHP eligibility of a property, or should the ACHP so request, the USACE will request a formal determination of eligibility from the Keeper of the NRHP. The historic property will be treated as eligible until the Keeper’s decision is rendered, and potential effects to the property will be evaluated according to Stipulation III above. B. USACE will ensure that avoidance of adverse effects to any newly discovered eligible historic properties is the preferred alternative and will utilize all practicable measures to avoid adverse effects. If avoidance is not practicable and an adverse effect will result, MassDOT will develop a mitigation plan, and once it is acceptable to the CRM provide it to USACE for review and consultation with other consulting parties who will have 20 working days for review and comment or concurrence. This mitigation plan will include a section evaluating design modifications for minimizing effects to historic properties and take into account feasibility of engineering, cost, time and other appropriate factors. USACE shall approve and direct MassDOT to implement the mitigation plan once the SHPO concurs with the plan. If, after consultation, USACE and the SHPO cannot agree on appropriate terms for the mitigation plan, USACE will refer the matter to the ACHP pursuant to Stipulation IX.

UNANTICIPATED DISCOVERIES. For the purposes of compliance in this grant program the SHPO functions as a grantee, and therefore a timeframe has been added to ensure that work continues outside of the normal 30-day notification period. Post review discoveries are not always “adverse effects” in this program and may be resolved through modification of a project design or cancellation of a subgrant. A. In the event that the SHPO in its role as a grantee, or the SHPO’s agent (sub-grantee or contractor) discovers a previously unidentified historic property or creates through the ESHPF funding an unanticipated effect on such properties (including archeological sites and traditional cultural properties), the sub-grantee or contractor shall immediately notify the SHPO and refrain from further project activities. As conditioned in their grant agreement documents, the SHPO must follow the discovery protocols which at a minimum, shall require the sub-grantee or contractor to immediately stop construction at the location and within 30 feet of the affected historic property and take reasonable measures to avoid and minimize harm to the historic property, until all parties and Indian Tribes, as appropriate, have determined a suitable course of action within 15 calendar days. B. If the SHPO, or the SHPO’s agent, and relevant Indian Tribe(s), cannot agree on a suitable course of action within 15 calendar days to address the discovery, the SHPO shall contact the NPS to assist in the resolution of the dispute. If an acceptable resolution cannot be achieved, the SHPO shall follow the dispute resolution process set forth in Stipulation XIII. C. In the event that an adverse effect upon an historic property inadvertently occurs, as defined in 36 CFR § 800.5 (a)(1) and (2), the SHPO shall initiate consultation consistent with the regulations, including Indian Tribes and other consulting parties as appropriate, and develop a MOA as per 36 CFR § 800. D. If human remains are encountered during project construction, the SHPO or its subgrantee will comply with applicable, Federal, state and/or local laws.