(a) Historic properties. For the purposes of this section,
the term historic properties will refer only to non-archeological
historic properties.
(b) Internal Review Projects. For projects subject
to review for historic properties under this MOU, TxDOT qualified
professional staff shall determine the presence or absence of historic
properties in the area of potential effects. Such efforts should focus
on the types of historic properties within public rights-of-way and
other sensitive areas, including but not limited to historic bridges,
historic road corridors, historic roadside parks and rest areas, historic
Depression Era masonry culverts, historic districts, historic courthouse
squares and other historic commercial zones. Project activities that
TxDOT determines will have no effect or no adverse effect on historic
properties may be internally reviewed by TxDOT and are approved for
construction.
(c) Coordinated Projects. If TxDOT qualified professional
staff determines that a project requires individual coordination with
THC for a courthouse review, easement review, or antiquities permit
or due to a potential adverse effect on historic properties, TxDOT
shall submit that project to THC.
(1) THC will respond within 20 calendar days of receipt
of TxDOT's request for review, in accordance with and pursuant to
the terms set out by an interagency contract executed by THC and TxDOT,
by indicating whether an affected historic property will require a
historic structures permit for an SAL, whether THC intends to initiate
an SAL nomination for the affected property, or whether additional
consultation pursuant to a preservation easement or covenant will
be required. If THC does not respond within 20 calendar days, TxDOT
may assume THC's concurrence with its determinations, and TXDOT may
proceed with the project to construction.
(2) In accordance with Government Code, §442.008
and 13 TAC §17.2 (relating to Review of Work on County Courthouses),
TxDOT will notify THC of any work affecting a county courthouse or
its surrounding site, up to and including the curb. THC will respond
within 20 calendar days of receipt of TxDOT's notification by indicating
whether a historic structures permit for an SAL or additional consultation
pursuant to a preservation covenant or easement will be required.
(d) Documentation. For projects that are internally
reviewed or individually coordinated under subsections (b) and (c)
of this section, TxDOT will comply with the following project documentation
requirements.
(1) Projects that are internally reviewed under subsection
(b) of this section, TxDOT shall retain all documentation in the project
file and will provide documentation to the THC upon request with memos
and basic project information submitted through the THC's electronic
review and compliance (eTRAC) system or other means, as appropriate.
(2) Projects that are individually coordinated under
subsection (c) of this section, documentation submitted to THC will
include:
(A) project description and scope;
(B) project location map with delineation of the APE
and location of historic properties;
(C) methodology used to identify historic properties;
(D) photographic and descriptive information for each
identified property;
(E) justification for findings of historic properties,
including setting, integrity, and contextual information;
(F) justification of effects on historic properties,
including evaluations, reports, and other information relevant to
the findings by TxDOT; and
(G) a description of efforts to avoid or minimize harm,
mitigation, and commitments.
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