Common use of Archaeological Resources Clause in Contracts

Archaeological Resources. A. The City of Detroit will develop a construction archeological monitoring program for areas of the Project that have the potential to affect Capitol Park (20WN785) or elements of the pre-1805 city. These areas are the north side of State Street adjacent to Capitol Park, Washington Boulevard south of Fort Street, those portions of ▇▇▇▇▇▇ Avenue and Congress Street between Washington Boulevard and ▇▇▇▇▇▇▇▇ Street, and the north side of ▇▇▇▇▇▇ Avenue near the east side of ▇▇▇▇▇▇▇▇ Avenue. All ground disturbing activities reaching 0.6 meter (24 inches) below grade in these areas shall be monitored by a professional archaeologist who meets the Secretary of Interior’s qualifications for that discipline (36 CFR Part 61). B. If unanticipated archaeological artifacts, structures, human remains, or other resources are encountered, the City of Detroit will: (1) stop work involving subsurface ground disturbance in the area of the find and, as determined by the professional archeologist, in the surrounding area where further subsurface finds can be reasonably expected; (2) notify the SHPO, the FTA, and Indian tribes (if appropriate) about the discovery; (3) have the archaeologist investigate the discovery and recommend to SHPO either: (a) that construction be permitted to resume, or (b) that the discovery be further investigated and if FTA determines, consultation undertaken, to determine if it is eligible for the NRHP. Construction may resume if the qualified archaeologist so recommends and SHPO agrees. Should SHPO fail to respond within 21 calendar days after receipt of the notification and investigation, the City of Detroit shall proceed in accordance with the qualified archaeologist’s recommendation. C. If the qualified archaeologist recommends further investigation of the discovery, an expedited process shall be followed in accordance with 36 CFR 800.13(b) which: (1) determines the eligibility of the archaeological resource; (2) if the resource is deemed eligible and SHPO agrees, determines the extent of the resource affected by the Project; (3) considers Project changes to avoid an eligible archaeological resource, if feasible; (4) develops a data recovery plan if the resource is not avoidable; (5) executes the data recovery plan for the resource; and (6) curates the results. Details of these activities shall be expeditiously developed and executed by the qualified archaeologist in consultation with SHPO. SHPO’s failure to respond within seven days of any written request for comment or concurrence shall be deemed concurrence. D. The City of Detroit shall develop a preliminary data recovery plan before construction begins and must submit that data recovery plan to SHPO for approval before construction may begin.

Archaeological Resources. A. a. The City of Detroit proposed project will develop a construction archeological monitoring program for areas include ground disturbance to remove the foundation of the Project that have the potential to affect Capitol Park (20WN785) or elements of the pre-1805 city. These areas are the north side of State Street structure and adjacent to Capitol Park, Washington Boulevard south of Fort Street, those portions of ▇▇▇▇▇▇ Avenue and Congress Street between Washington Boulevard and ▇▇▇▇▇▇▇▇ Streetstairs, and the north side Navy has determined that the Undertaking will have no effect on archaeological resources and the SHPO has concurred with that determination in a letter dated 23 June 2016. b. If during the course of ▇▇▇▇▇▇ Avenue near the east side project, the Navy finds that ground disturbance will have an effect on archaeological resources, NSGL will continue consultation with SHPO in accordance with 36 CFR 800.3. (1) If during the course of ▇▇▇▇▇▇▇▇ Avenue. All ground disturbing activities reaching 0.6 meter (24 inches) below grade a significant archaeological resource or site is inadvertently encountered during removal of debris, the Navy shall proceed in these areas shall be monitored by a professional archaeologist who meets accordance with the Secretary process outlined in Stipulation C of Interior’s qualifications for that discipline (36 CFR Part 61)this agreement, Post-Review Encounters. B. If unanticipated archaeological artifacts, structures, human remains, or other resources are encountered, the City of Detroit will: c. Post-Review Encounters (1) stop In the event that a previously unidentified archaeological resource is encountered during ground disturbing activities, all construction work involving subsurface ground disturbance shall be halted in the area of the find and, as determined by the professional archeologist, resource and in the surrounding area where further subsurface finds can deposits may reasonably be reasonably expected; expected to occur. Within two (2) working days the Navy shall have an archaeologist meeting the SOI Professional Qualifications Standards inspect the work site and determine the extent and nature of the affected archaeological property. The SHPO and other parties, as deemed appropriate by the archaeologist, shall be consulted in setting the boundaries of the archaeological resource. Construction work may then proceed in the project area outside of the site boundaries. (2) The Navy shall notify the SHPOSHPO and, if appropriate, the FTA, and Indian tribes ACHP within two (if appropriate2) about the discovery; (3) have the archaeologist investigate the discovery and recommend to SHPO either: (a) that construction be permitted to resume, or (b) that the discovery be further investigated and if FTA determines, consultation undertaken, to determine if it is eligible for the NRHP. Construction may resume if the qualified archaeologist so recommends and SHPO agrees. Should SHPO fail to respond within 21 calendar working days after receipt of the notification and investigation, the City of Detroit shall proceed in accordance with the qualified archaeologist’s recommendation. C. If the qualified archaeologist recommends further investigation of the discovery, an expedited process shall be followed encounter in accordance with 36 CFR 800.13(b) which: (1) determines C.F.R. § 800.13(b)(3). If the archaeological resource is, or has the potential to be, of Native American origin, the Navy shall also notify any Federally recognized Indian tribes that might attach religious and cultural significance to the affected property. The notifications shall describe the Navy’s assessment of National Register eligibility of the archaeological resource; property and the proposed actions to resolve the adverse effects. In accordance with 36 C.F.R. § 800.13 (2) if b)(3), the resource is deemed eligible SHPO, federally recognized tribes, as appropriate, and SHPO agrees, determines the extent of the resource affected by the Project; (3) considers Project changes to avoid an eligible archaeological resource, if feasible; (4) develops a data recovery plan if the resource is not avoidable; (5) executes the data recovery plan for the resource; and (6) curates the results. Details of these activities ACHP shall be expeditiously developed and executed by the qualified archaeologist in consultation with SHPO. SHPO’s failure to respond within seven days of any written request for comment or concurrence shall be deemed concurrence. D. The City of Detroit shall develop a preliminary data recovery plan before construction begins and must submit that data recovery plan to SHPO for approval before construction may begin.two

Archaeological Resources. A. The City All Undertakings located within the geographic area described and delineated in Appendix E of Detroit will develop a construction archeological monitoring program this Agreement shall be reviewed for areas of archaeological resources by SHPO archaeologists and Tribes, subject to the Project following exclusions: 1. Building rehabilitation projects that have the potential to affect Capitol Park (20WN785) or elements of the pre-1805 city. These areas are the north side of State Street adjacent to Capitol Park, Washington Boulevard south of Fort Street, those portions of ▇▇▇▇▇▇ Avenue and Congress Street between Washington Boulevard and ▇▇▇▇▇▇▇▇ Street, and the north side of ▇▇▇▇▇▇ Avenue near the east side of ▇▇▇▇▇▇▇▇ Avenue. All require no ground disturbing activities reaching 0.6 meter (24 inches) below grade activities. 2. Programmatic Exclusions listed in these areas shall be monitored by a professional archaeologist who meets the Secretary Appendix C of Interior’s qualifications for that discipline (36 CFR Part 61)this Agreement. B. If unanticipated All Undertakings using Program funds and involving ground disturbing activity on sites ½-acre or larger and located outside of the geographic area described in Stipulation VI.A of this Agreement shall be reviewed for archaeological artifactsresources by SHPO archaeologists and Tribes, structuressubject to the following exclusions: 1. Building rehabilitation projects that require no ground disturbing activities. 2. Programmatic Exclusions listed in Appendix C of this Agreement. C. When an Undertaking qualifies for review by the SHPO and the Tribes as described in Stipulations VI.A and VI.B of this Agreement, the City shall ensure a consultant that meets the Qualification Standards conducts an investigation to determine the likelihood of uncovering archaeological resources, including human remains, or other resources are encountered, present at those project locations. The archaeological consultant will conduct DocuSign Envelope ID: 37B64FE9-B6A5-4318-8583-2DD39C53BCF5 1. The research design/study plan for any projects located within the City of Detroit will: (1) stop work involving subsurface ground disturbance sensitivity area outlined in the area of the find and, as determined by the professional archeologist, in the surrounding area where further subsurface finds can be reasonably expected; (2) notify the SHPO, the FTAAppendix E, and Indian tribes projects on sites that cover more than 2 (if appropriatetwo) about the discovery; (3) have the archaeologist investigate the discovery acres in size should be reviewed by SHPO and recommend Tribes prior to SHPO either: (a) that construction be permitted to resume, or (b) that the discovery be further investigated and if FTA determines, consultation undertaken, to determine if it is eligible for the NRHP. Construction may resume if the qualified archaeologist so recommends and SHPO agrees. Should SHPO fail to respond within 21 calendar days after receipt of the notification and investigation, the City of Detroit shall proceed in accordance with the qualified archaeologist’s recommendation. C. If the qualified archaeologist recommends further investigation of the discovery, an expedited process shall be followed in accordance with 36 CFR 800.13(b) which: (1) determines the eligibility of the archaeological resource; (2) if the resource is deemed eligible and SHPO agrees, determines the extent of the resource affected by the Project; (3) considers Project changes to avoid an eligible archaeological resource, if feasible; (4) develops a data recovery plan if the resource is not avoidable; (5) executes the data recovery plan for the resource; and (6) curates the results. Details of these activities shall be expeditiously developed and executed by the qualified archaeologist in consultation with SHPO. SHPO’s failure to respond within seven days of any written request for comment or concurrence shall be deemed concurrencefieldwork. D. The Preservation Specialist will prepare a letter summarizing the determination of eligibility and effect, or proposed study plan for SHPO and Tribal concurrence. The letter should recap the following information: 1. Address and Township/Range/Section and Private Claim (as applicable) of the property or properties to be reviewed; 2. United States Geographical Service (“USGS”) 7.5’-minute Topographic Quadrangle with the project location(s) clearly marked; 3. Project type (demolition, rehabilitation, or construction); 4. Brief description of the project site including size (acres) and any previous ground disturbance; and 5. A brief description of the Undertaking, including the length, width, and depth of any proposed ground disturbing activities and related engineering specs, maps, and drawings. E. The City shall submit the archaeological consultant’s report/study plan via SHPO’s electronic Section 106 portal to the SHPO with a request for comments from the SHPO’s archaeologists within fourteen (14) business days. F. If no response is received from the SHPO archaeologists within 30 calendar days, the Preservation Specialist may assume concurrence and the project may move forward to the next phase of Detroit work. G. If the SHPO archaeologists determine that any additional archaeological monitoring or survey is required, the City shall ensure an archaeologist meeting the Qualification Standards assists in the identification and evaluation of potentially eligible archaeological sites and their recommended treatments. H. The City will notify Tribes of the Undertakings following the protocol delineated in Stipulation VII of this Agreement. I. If archaeological resources are identified that meet the NRHP criteria, they will be avoided or preserved in place, if feasible. J. If the City determines that it is not feasible to preserve or avoid NRHP-eligible or listed archaeological resources, the City shall consult with the SHPO archaeologists and Tribes to develop a preliminary data recovery treatment plan before construction begins consistent with the ACHP's publication, DocuSign Envelope ID: 37B64FE9-B6A5-4318-8583-2DD39C53BCF5 K. The Secretary of the Interior's Standards and must submit that data recovery plan to SHPO Guidelines for approval before construction Archaeology and Historic Preservation should be referenced for guidance. L. At any time during the duration of this Agreement, the Required Signatories may begin.request revision of the archaeological sensitivity map attached hereto as Appendix

Archaeological Resources. A. The City of Detroit will develop a construction archeological monitoring program for areas of the Project that have the potential to affect Capitol Park (20WN785) or elements of the pre-1805 city. These areas are the north side of State Street adjacent to Capitol Park, Washington Boulevard south of Fort Street, those portions of ▇▇▇▇▇▇ Larned Avenue and Congress Street between Washington Boulevard and ▇▇▇▇▇▇▇▇ Street, and the north side of ▇▇▇▇▇▇ Larned Avenue near the east side of ▇▇▇▇▇▇▇▇ Avenue. All ground disturbing activities reaching 0.6 meter (24 inches) below grade in these areas shall be monitored by a professional archaeologist who meets the Secretary of Interior’s qualifications for that discipline (36 CFR Part 61). B. If unanticipated archaeological artifacts, structures, human remains, or other resources are encountered, the City of Detroit will: (1) stop work involving subsurface ground disturbance in the area of the find and, as determined by the professional archeologist, in the surrounding area where further subsurface finds can be reasonably expected; (2) notify the SHPO, the FTA, and Indian tribes (if appropriate) about the discovery; (3) have the archaeologist investigate the discovery and recommend to SHPO either: (a) that construction be permitted to resume, or (b) that the discovery be further investigated and if FTA determines, consultation undertaken, to determine if it is eligible for the NRHP. Construction may resume if the qualified archaeologist so recommends and SHPO ▇▇▇▇ agrees. Should SHPO fail to respond within 21 calendar days after receipt of the notification and investigation, the City of Detroit shall proceed in accordance with the qualified archaeologist’s recommendation. C. If the qualified archaeologist recommends further investigation of the discovery, an expedited process shall be followed in accordance with 36 CFR 800.13(b) which: (1) determines the eligibility of the archaeological resource; (2) if the resource is deemed eligible and SHPO agrees, determines the extent of the resource affected by the Project; (3) considers Project changes to avoid an eligible archaeological resource, if feasible; (4) develops a data recovery plan if the resource is not avoidable; (5) executes the data recovery plan for the resource; and (6) curates the results. Details of these activities shall be expeditiously developed and executed by the qualified archaeologist in consultation with SHPO. SHPO’s failure to respond within seven days of any written request for comment or concurrence shall be deemed concurrence. D. The City of Detroit shall develop a preliminary data recovery plan before construction begins and must submit that data recovery plan to SHPO for approval before construction may begin.

Archaeological Resources. A. Because of the possibility that significant buried cultural resources may be found during construction, the following language shall be included in construction contracts: If historical or unique archaeological resources are accidentally discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project proponent shall notify the Director of the Archaeological Regional Research Center to arrange for an immediate evaluation of the find by a qualified archaeologist. The qualified archaeologist shall determine whether or not the site is a historical resource as defined in CEQA Guidelines section 15064.5(a). If it is determined that the site is a historical resource, the City shall refer to the provisions of Detroit will develop a construction archeological monitoring program for areas CEQA Guidelines section 15064.5 and the provisions of section 15126.4 of the Public Resources Code to determine the significant environmental effects of the Project that have on this historical resource. If the potential to affect Capitol Park (20WN785) or elements archaeological site does not meet the criteria defined in CEQA Guidelines section 15064.5(a), but does meet the definition of a unique archaeological resource in Public Resources Code section 21083.2, the pre-1805 city. These areas are the north side of State Street adjacent to Capitol Park, Washington Boulevard south of Fort Street, those portions of ▇▇▇▇▇▇ Avenue and Congress Street between Washington Boulevard and ▇▇▇▇▇▇▇▇ Street, and the north side of ▇▇▇▇▇▇ Avenue near the east side of ▇▇▇▇▇▇▇▇ Avenue. All ground disturbing activities reaching 0.6 meter (24 inches) below grade in these areas preferred project site shall be monitored by a professional archaeologist who meets the Secretary of Interior’s qualifications for that discipline (36 CFR Part 61). B. If unanticipated archaeological artifacts, structures, human remains, or other resources are encountered, the City of Detroit will: (1) stop work involving subsurface ground disturbance in the area of the find and, as determined by the professional archeologist, in the surrounding area where further subsurface finds can be reasonably expected; (2) notify the SHPO, the FTA, and Indian tribes (if appropriate) about the discovery; (3) have the archaeologist investigate the discovery and recommend to SHPO either: (a) that construction be permitted to resume, or (b) that the discovery be further investigated and if FTA determines, consultation undertaken, to determine if it is eligible for the NRHP. Construction may resume if the qualified archaeologist so recommends and SHPO agrees. Should SHPO fail to respond within 21 calendar days after receipt of the notification and investigation, the City of Detroit shall proceed treated in accordance with the qualified archaeologist’s recommendation. C. provisions of this section. If it is found that the qualified archaeologist recommends Project will cause damage to a unique archaeological resource, the City shall require that reasonable efforts be made to permit any or all of these resources to be preserved in place or left in an undisturbed state. Some of the measures to be taken in the event of a discovery include: planning future construction to avoid the archaeological site; deeding archaeological sites into permanent conservation easements; capping or covering archaeological site with a layer of soil before building on the sites; and/or planning parks, green space or other open space to incorporate the archaeological sites in the site plan. (MM 20) 37. DISCOVERY OF HUMAN REMAINS. Because of the possibility of accidental discovery or recognition of any human remains during construction, the following language shall be included in construction contracts, in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the City Police Department is notified and contacts the coroner of Monterey County to determine that no investigation of the discovery, an expedited process shall be followed in accordance with 36 CFR 800.13(b) which: (1) cause of death is required. If the coroner determines the eligibility remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the archaeological resource; (2) if descendent, and the resource is deemed eligible and SHPO agrees, determines the extent of the resource affected mediation by the Project; Native American Heritage Commission fails to provide measures acceptable to the landowner. (3) considers Project changes to avoid an eligible archaeological resource, if feasible; (4) develops a data recovery plan if the resource is not avoidable; (5) executes the data recovery plan for the resource; and (6) curates the results. Details of these activities shall be expeditiously developed and executed by the qualified archaeologist in consultation with SHPO. SHPO’s failure to respond within seven days of any written request for comment or concurrence shall be deemed concurrence. D. The City of Detroit shall develop a preliminary data recovery plan before construction begins and must submit that data recovery plan to SHPO for approval before construction may begin.MM 21)