| (2) Based on previous coordination outcomes, TxDOT
and THC agree that the following types of routine roadway projects
pose limited potential to affect historic properties:
(A) maintenance, repair, installation, or replacement,
of transportation-related features, including fencing, signage, traffic
signals, railroad warning devices, safety end treatments, cameras
and intelligent highway system equipment, non-historic bridges, railroad
crossings, lighting, curbs and gutters, safety barriers, ditches,
storm drains, non-historic culverts, overpasses, channels, rip rap,
and noise barriers;
(B) maintenance and in-kind repair of designated historic
bridges, picnic areas, rest areas, roadside parks, and culverts;
(C) maintenance, repair, or replacement of roadway
surfacing, including crack seal, overlay, milling, grooving, resurfacing,
and restriping;
(D) maintenance, repair, reconfiguration, or correction
of roadway geometrics, including intersection improvements and driveway
and street connections;
(E) maintenance, repair, installation or modification
of pedestrian and cycling-related features, including American with
Disabilities Act ramps, trails, sidewalks, and bicycle and pedestrian
lanes unless on historic properties protected as SAL, county courthouse,
or by preservation easement or covenant.;
(F) maintenance, repair, relocation, addition, or minor
widening of roadway, highway, or freeway features, including turn
bays, center turn lanes, shoulders, U-turn bays, right turn lanes,
travel lanes, interchanges, medians, and ramps;
(G) maintenance, repair, replacement, or relocation
of features at crossings of irrigation canals, including bridges,
new vehicle crossings, bank reshaping, pipeline and standpipe components,
canal conversion to below-grade siphons, and utilities;
(H) 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;
(I) design changes for projects that have completed
all applicable review and consultation where the new project elements
comprise only one or more of the activities listed in paragraph (2)
of this subsection; and
(J) other kinds of undertakings jointly agreed to in
writing by THC and TxDOT as not requiring review.
(3) For projects described in paragraph (2)(A) - (J)
of this subsection, TxDOT qualified professional staff shall determine
whether additional evaluation is required due to direct effects to
historic properties. If no such evaluation is deemed necessary, such
projects are determined to pose no effect on historic properties and
do not require review by THC under this chapter or under this MOU.
(4) For review-exempt projects, documentation shall
be limited to that maintained in TxDOT's project files. THC may audit
TxDOT files for specific projects upon request.
(u) Procedures for Project Coordination when the Project
Requires Review for Non-Archeological Historic Properties.
(1) Historic properties. For the purposes of this subsection,
the term historic properties will refer only to non-archeological
historic properties.
(2) 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.
(3) 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:
(A) THC will respond within 20 calendar days of receipt
of TxDOT's request for review, in accordance with the terms set out
by an interagency contract adopted 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; and
(B) in accordance with Texas Government Code §442.008
and §17.2 of this title (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;
(4) Documentation. For projects that are internally
reviewed or individually coordinated under paragraphs (2) and (3)
of this subsection, TxDOT will comply with the following project documentation
requirements:
(A) For projects that are internally reviewed under
paragraph (2) of this subsection, 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.
(B) For projects that are individually coordinated
under paragraph (3) of this subsection, documentation submitted to
THC will include:
(i) project description and scope;
(ii) project location map with delineation of the APE
and location of historic properties;
(iii) methodology used to identify historic properties;
(iv) photographic and descriptive information for each
identified property;
(v) justification for findings of historic properties,
including setting, integrity, and contextual information;
(vi) justification of effects on historic properties,
including evaluations, reports, and other information relevant to
the findings by TxDOT; and
(vii) a description of efforts to avoid or minimize
harm, mitigation, and commitments.
(v) Project File. TxDOT's Environmental Compliance
and Oversight System (ECOS) is the project file of record for each
project coordinated under this MOU.
(w) Denial of Access. In cases where access to private
land for conducting investigations is denied prior to the approval
of the environmental review document, TxDOT will make a commitment
to complete appropriate investigations once access is obtained, but
prior to any construction related impacts.
(x) MOU to Govern TxDOT Procedures. TxDOT satisfies
applicable THC requirements if it utilizes the procedures of this
MOU in lieu of other applicable THC procedures. In cases where TxDOT
is utilizing this MOU in lieu of other THC procedures, TxDOT must
follow the requirements of this MOU.
(y) Project-Specific Agreements. Any project-specific
agreements reached between TxDOT and THC regarding the evaluation
or treatment of project effects shall be honored by both parties and
shall supersede the requirements of this MOU. TxDOT and THC may deviate
from the terms of the agreement only when both parties concur that
the agreement requires revision.
(z) Continuous Improvement Agreement. TxDOT and THC
agree to collaborate on improvements to their programs and development
of innovative solutions for expedited review procedures. Such mechanisms
may include using project outcomes to refine approaches to resource
identification, evaluation, treatment methods, programmatic mitigation
measures and interagency agreements that facilitate early coordination,
and streamlining and expedited review of TxDOT's transportation projects.
(aa) THC Review of TxDOT Project Files. THC may review
TxDOT project files for specific undertakings carried out under this
MOU. THC may recommend process improvements based on issues identified
during the review.
(bb) Dispute Resolution. THC and TxDOT staff will be
responsible for attempting to resolve any conflict between THC and
TxDOT that results from the implementation of this section before
elevating to agency management.
(cc) Review of MOU. This MOU shall be reviewed and
updated as provided by law or by agreement between the parties. THC
and TxDOT agree to convene every four years to review, update, or
extend this agreement.
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