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RULE §2.271Procedures for Project Coordination when the Project Requires Review for Non-Archeological Historic Properties

(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.

Source Note: The provisions of this §2.271 adopted to be effective August 15, 2018, 43 TexReg 5237

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