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Snohomish County South Whidbey Basin Watersheds P2 <br />Contract # 24-26673 <br />Attachment C: Statement of Work Page 10 of 14 <br />finding to any appropriate cemeteries and the affected Tribes. DAHP will then handle <br />all consultation with the affected parties as to the future preservation, excavation, and <br />disposition of the human skeletal remains (RCWs 68.50.645, 27.44.055, and <br />68.60.055). <br />3.Discovery of Cultural Resources. If suspected cultural resources are found while <br />conducting work under this contract, Grantee shall immediately stop any activity that <br />may cause further disturbance. Grantee or their Contractors must immediately notify <br />the WDFW Award Manager. WDFW will contact DAHP and the WDFW Cultural <br />Resources Program Manager or Tribal Historic Preservation Officer of all affected <br />Tribes to alert them to a possible identification of cultural resources. Grantee’s <br />archaeologist will confirm the find represents archaeological material(s) or feature(s) <br />and notify Grantee, WDFW Award Manager, and the WDFW archaeologist. Grantee’s <br />archaeologist will provide photos of the archaeological material(s) or feature(s) with <br />an appropriate scale. The WDFW Award Manager, in cooperation with the WDFW <br />archaeologist, will contact DAHP and affected Tribes to identify appropriate points of <br />contact and send the provided photos. WDFW, DAHP, and affected Tribes will consult <br />to determine next steps. If it can be determined at this step that the material(s) or <br />feature(s) represent a potentially significant archaeological site, Grantee will be <br />advised of interim protective measures. Work may resume outside the affected area <br />plus any necessary buffer, unless the WDFW archaeologist directs otherwise. WDFW <br />will initiate Tribal and DAHP consultation regarding evaluation of the find’s <br />significance, potential for effects caused by the project, and subsequent treatment <br />plans or Memoranda of Agreement (MOA)s. Wherever possible, the preferred <br />treatment of significant archaeological resources and historic sites will be in situ <br />preservation. If a treatment plan requires that such resources be excavated or <br />removed, an agreement must first be reached between WDFW, Grantee, and the <br />consulting parties before work can proceed. Failure to abide by this section can result <br />in immediate termination of this contract in addition to any other remedies allowed by <br />law. <br />5c. Compliance with Applicable Laws, Obtaining Permits, and <br />Consultation Requirements <br />Grantee is required to comply with national policy requirements consistent with 2 C.F.R. Sec. <br />200.300 and Department of Commerce Financial Assistance Standard Terms and <br />Conditions, Section G., or any successor Section. Grantee will ensure that implementation <br />of the project will meet all Federal laws and regulations by obtaining all Federal, state, and <br />local permits and consultations applicable to the project prior to expenditure of award funds <br />for those activities requiring permits and consultations. This includes, but is not restricted to, <br />consultations required under the Endangered Species Act, Magnuson-Stevens Fishery <br />Conservation and Management Act (Essential Fish Habitat), National Historic Preservation <br />Act, and Coastal Zone Management Act. Grantee will be cognizant of all conditions and <br />restrictions required by their permits and consultations and will immediately halt activities and <br />contact their WDFW Award Manager and/or NOAA Technical Monitor if events occur that <br />threaten to violate the conditions or restrictions required by their permits and consultations.