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TO E RO E K N <br /> TETRA TECH Appendix B-Unanticipated Discovery Plan <br /> ASSOCIATES,INC. <br /> UNANTICIPATED DISCOVERY PLAN <br /> This Unanticipated Discovery Plan (UDP) presents procedures for the inadvertent discovery of <br /> cultural resources or human skeletal remains and is to be used as a supplemental attachment to all <br /> work plans proposing ground-disturbing (surface or subsurface) environmental sampling field <br /> activities associated with Phase II environmental site assessments,which are part of the Targeted <br /> Brownfields Assessment (IBA) process. Cultural resources and human remains are protected under <br /> federal and state laws and regulations and their disturbance, excavation,removal, or damage can <br /> result in criminal penalties. Projects on tribal land are subject to the provisions of the Archaeological <br /> Resources Protection Act (16 United States Code 470aa-mm),Title 43 Code of Federal Regulations(CFR) <br /> Section 7, and Title 32 CFR Section 229,which make excavating,removing, damaging, or otherwise <br /> defacing any archaeological resources on tribal lands a federal offense. In the event of an <br /> unanticipated discovery, the proper actions must be taken to minimize damage to cultural resources <br /> and to ensure that applicable laws and requirements are identified and met. <br /> I. INTRODUCTION <br /> Toeroek Associates,Inc. and Tetra Tech,Inc. (Toeroek Team) have prepared this UDP in support <br /> of the U.S. Environmental Protection Agency (EPA) Region 9 TBA program. In the unlikely event <br /> an unanticipated discovery of cultural resources (for example, archaeological material) or human <br /> remains occurs during ground-disturbing TBA surface or subsurface environmental sampling field <br /> activities, this UDP outlines the procedures for the Toeroek Team to follow in accordance with <br /> local, state, and federal laws. <br /> II. RECOGNIZING CULTURAL RESOURCES <br /> Cultural resources are defined as physical evidence of historic human activity.They are <br /> non-renewable resources that, once destroyed, cannot be replaced. Cultural resources and human <br /> remains are protected under local, state, and federal laws.The unauthorized removal or intentional <br /> disturbance of cultural resources can result in fines and imprisonment. As such, EPA and its <br /> contractors are required under local, state, and federal laws to ensure cultural resources encountered <br /> during the project are treated appropriately and in compliance with all applicable laws. Unanticipated <br /> discoveries of cultural resources during an environmental assessment can include, but are not limited <br /> to, the following situations: <br /> 1. Undocumented structural and engineering features or undocumented archaeological <br /> resources such as prehistoric pottery, chipped stone tools,waste flakes, changes in soil color <br /> or type, shells, and historic period items (items that are approximately 50 years old or older) <br /> such as bottle glass, cans, ceramic, refuse dumps, tools, coins, old farm equipment, and <br /> features (for example, architectural features or walls constructed of natural materials such as <br /> cobbles, surfaces paved by cobbles, brick, or other material), or other evidence of human <br /> occupation or activity; <br /> 2. Undocumented human remains or burial sites; or <br /> 3. Undocumented Native American grave sites,including human remains, funerary objects, <br /> sacred objects, or objects of cultural significance. <br /> As a general rule of thumb for all field staff: When in doubt, assume the material is a cultural <br /> resource! <br /> B-1 <br />