|(a) Surveys may be limited to an evaluation of existing
impacts or stratigraphic integrity when these activities are sufficient
to determine that any sites present are unlikely to be eligible.
(b) Eligibility determinations made by TxDOT under
this MOU will not require further investigation if TxDOT demonstrates
that the portion of the site to be affected is not likely to have
sufficient integrity to be eligible.
(c) For portions of the APE where deposits may retain
sufficient integrity for sites to be eligible, TxDOT survey methods
will conform with THC's Archeological Survey Standards, underwater
survey standards promulgated in 13 TAC Chapter 28, or with other appropriate
methods, except as provided in paragraphs (1) and (2) of this subsection:
(1) TxDOT reserves the right to depart from published
survey standards in cases where it deems appropriate.
(2) THC reserves the right to review non-standard procedures
for their adequacy.
(d) Survey methods will be considered adequate for
the identification of burials and cemetery boundaries when the portions
of the APE within 25 feet of a known cemetery have been investigated
and the survey included scraping to a depth adequate to determine
whether grave shafts or burials occur in the APE.
(e) A survey to identify burials does not comprise
an activity with the potential to cause an adverse effect to a historic