(a) Projects with ground disturbance of less than 100
cubic yards of impacts to undisturbed sediments, by their nature and
definition, do not have the potential to affect historic properties.
Such a project does not require review of its potential project impacts
on archeological resources or cemeteries by THC under this chapter
or under this MOU. The following list provides examples of activities
with this low level of new disturbance that do not require review
of their potential impacts on archeological resources or cemeteries
under this chapter or under this MOU:
(1) installation, repair, or replacement of fencing,
signage, traffic signals, railroad warning devices, safety end treatments,
cameras and intelligent highway system equipment;
(2) projects involving purchase or acquisition of land
without associated ground-disturbing activities;
(3) routine structural maintenance and repair of bridges,
highways, railroad crossings, picnic areas, and rest areas;
(4) in-kind repair, replacement of lighting, signals,
curbs and gutters, and sidewalks;
(5) crack seal, overlay, milling, grooving, resurfacing,
and restriping;
(6) replacement, upgrade, and repair of safety barriers,
ditches, storm drains, and culverts;
(7) intersection improvements, including repair or
replacement of overpasses, that require less than 0.5 acres of additional
right of way at each intersection;
(8) placement of riprap to prevent erosion of waterway
banks and bridge piers provided no ground disturbance is required;
(9) all maintenance work between a highway and an adjacent
frontage road;
(10) installation of noise barriers or alterations
to existing publicly owned buildings less than 50 years old, to provide
for noise reduction except in potential or listed National Register
districts;
(11) driveway and street connections;
(12) all work within interchanges and within medians
of divided highways;
(13) all work between the flowlines of the ditches
and channels and above the original line and grade;
(14) ditch and channel maintenance, provided removal
of fill is above the original line and grade;
(15) repairs needed as a result of an event, natural
or man-made, which causes damage to a designated state highway, resulting
in an imminent threat to life or property of the traveling public
or which substantially disrupts or may disrupt the orderly flow of
traffic and commerce;
(16) the installation and modification of sidewalks
(including the addition of American with Disabilities Act (ADA) ramps)
except:
(A) sidewalk installations where the depth of impact
exceeds one foot;
(B) sidewalk and ADA ramp projects within the historic
districts in the following cities or towns: Goliad, Rio Grande City,
Roma, San Antonio, San Elizario, and San Ygnacio; and
(C) sidewalk or ADA ramp projects within the limits
of the following cities or towns: Anahuac, Nacogdoches, San Patricio,
and Socorro;
(17) routine maintenance projects;
(18) vegetation control;
(19) traffic control; and
(20) routine painting and striping.
(b) Design changes for projects that have completed
all applicable review and consultation where the new activities would
have less than 100 cubic yards of impacts to undisturbed sediments
do not require additional review or coordination.
(c) Projects that are exempt from project-specific
review for compliance with 13 TAC Chapter 26 and review under this
MOU, as specified in subsections (a) and (b) of this section, are
also exempt from compliance with other THC rules regarding project-specific
investigations or coordination for potential impacts to cemeteries
promulgated under Health and Safety Code, §711.012(c), unless
one of the following two conditions is present:
(1) pavement would be extended to within 15 feet of
the boundary of a known cemetery founded earlier than 1955; or
(2) a project element would directly affect known burials.
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