1. (a) When previously unknown archeological remains are encountered after award of a construction contract, TxDOT will immediately suspend construction or any other activities that would affect the site.
2. (b) TxDOT will inform THC of the discovery of previously unknown archeological remains and invite THC to accompany TxDOT staff (or consultants) to the location within ten business days of the discovery.
3. (c) TxDOT, in consultation with THC, will evaluate the need, if any, for further investigations.
4. (d) If TxDOT determines that the discovery is an unrecorded archeological site, then TxDOT or its consultants shall complete an electronic TexSite archeological site survey form.
5. (e) If TxDOT determines that the site does not warrant further investigations because it is not a historic property, construction will resume. TxDOT will document its findings.

6. (f) If TxDOT determines that the site warrants further investigation because the site may be a historic property, TxDOT will take one of the following three actions, as appropriate:

   1. (1) a permit amendment will be sent to THC for the additional work, if an existing permit for the project is still open;
   2. (2) a notification for a new permit will be sent to THC; or
   3. (3) TxDOT will perform necessary investigations under an emergency permit.
7. (g) Upon completion of the investigation in accordance with any applicable permit terms, construction may proceed as planned.

Source Note:The provisions of this §2.265 adopted to be effective May 16, 2013, 38 TexReg 2861.