Common use of Discoveries Without Prior Planning and Unanticipated Effects Clause in Contracts

Discoveries Without Prior Planning and Unanticipated Effects. 1. If a plan for subsequent discoveries is not in place and a project or activity affects a previously unidentified state-owned cultural resource or affects a known state-owned historical resource in an unanticipated manner, the Caltrans District shall promptly stop construction activity in the vicinity of the state-owned resource and implement all reasonable measures needed to avoid, minimize, or mitigate further harm to the resource. 2. Within 48 hours of a post-review discovery, the Caltrans District shall assess the discovery and, if determined to be potentially eligible, provide initial notification to CSO and the SHPO, and may, as appropriate, notify any Indian Tribe that might attach religious or cultural significance to the affected state-owned resource, or any other consulting party that may have a demonstrated interest in potentially affected state-owned resources. Notification shall include, to the extent such information is available: description of the nature and extent of the cultural resource(s), assessment of NRHP and CHL eligibility of any state-owned resources, the type and extent of any damage to the resource(s), the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans, at its discretion, may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, taking into account the capabilities of the consulting parties and must document this process for the administrative record. Caltrans may assume eligibility, for purposes of the project or activity, of any potentially affected cultural resource(s) and proceed with the provisions of this sub-part. 3. Within 48 hours of the discovery of an unanticipated effect or ESA breach, the Caltrans District shall assess the effect and provide initial notification to CSO, the SHPO, any Indian tribe that might attach religious or cultural significance to the affected state-owned resource, or any other consulting party that may have a demonstrated interest in potentially affected state-owned resources. Notification shall include, to the extent such information is available: the type and extent of any damage to the state-owned resource, the proposed action, any prudent and feasible treatment measures that would take any effects into account, and a request for comments. Caltrans may furnish this information through correspondence, hard copy, electronic media, telephone, or meetings, at its discretion taking into account the capabilities of the consulting parties and must document this process for the administrative record. 4. Should any of the notified parties respond with comments within 72 hours of the initial notification of the discovery or indicate that they wish to be involved in resolving the situation; the Caltrans District shall take into account their comments or continue consultation with any commenting parties. Caltrans shall provide any remaining information specified in subpart 2, above, as it becomes available. The Caltrans District shall determine the time frame for any further consultation, taking into account the qualities of the state- owned resource, consequences of construction delays, and comments by consulting parties. Following the conclusion of any further consultation, Caltrans shall take all comments received into account and may carry out actions to resolve any effects. Failure of any notified party to respond within 72 hours of the notification shall not preclude Caltrans from proceeding with their proposed actions.