Section 4: Cultural Resources
Cultural resources include historical and archeological resources that can be found within and adjacent to TxDOT projects. During the environmental review stage of project development, TxDOT will evaluate the project actions to ensure they comply with the 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) when applicable and will develop plan notes and conduct necessary surveys. Necessary actions for the contractor will be captured in the PS&E. The TxDOT PM must be aware that changes in construction activities can affect requirements, and these may not necessarily be captured in the PS&E because they are addressed through other internal processes. Consult environmental staff whenever changes in work are proposed.
TxDOT will ensure contractor compliance with commitments made for the project. If necessary, do the following as required in the contract.
- Anchor: #HJAARHXE
- Become aware of the commitments pertaining to cultural resources in the EPICs section in the PS&E. Anchor: #HOFERLAI
- 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. Anchor: #KSXSRKFK
- Ensure the barriers or other obstacles required by commitments are installed to prevent accidental impacts to protected resources. Anchor: #WYCPAUST
- 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. Anchor: #UFXBGVAD
- Generally resource surveys are completed prior to construction. However, in the case they are not, TxDOT and the Contractor will need to be mindful of project phasing and the CMP to ensure that non-permitted actions are avoided until all surveys are completed.
**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.
Anchor: #i1051174Texas 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.
Anchor: #i1060756Documenting Compliance with Cultural Resources Plan notes
TxDOT must verify and document compliance with cultural resources commitments before releasing the contractor from the project utilizing the “ Documentation of Compliance with Historic Resources Monitoring Commitment” Form 422.01.FRM. TxDOT will inspect the project to ensure the cultural resources commitments in the EPICs are followed. The District and ENV will record compliance through narrative and photographic documentation for the project record. Once ENV finalizes documentation, the contractor may be released from the project.
Do not release the contractor until this documentation is complete. Should TxDOT’s inspection show that the contractor did not follow cultural resources commitments, or that cultural resources are damaged, the contractor is responsible for correcting the work and/or damage at their own expense.