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A contractor discovers archaeological artifacts during excavation on a project in Hawaii. According to Hawaii environmental regulations, what is the immediate required action?

Correct Answer

C) Stop work immediately and notify the State Historic Preservation Division

Hawaii environmental regulations require immediate work stoppage and notification to the State Historic Preservation Division when archaeological artifacts are discovered.

Answer Options
A
Cover artifacts and proceed with modified construction plans
B
Continue work but document the findings
C
Stop work immediately and notify the State Historic Preservation Division
D
Remove artifacts and continue with construction

Why This Is the Correct Answer

Option C is correct. Hawaii law (HRS Chapter 6E) and Hawaii Administrative Rules require that upon discovery of archaeological artifacts, the contractor must immediately stop all work in the area of the discovery and notify the State Historic Preservation Division (SHPD). This is a non-negotiable requirement designed to protect irreplaceable cultural resources. Work cannot resume until SHPD authorizes continuation.

Why the Other Options Are Wrong

Option A: Cover artifacts and proceed with modified construction plans

Covering artifacts and proceeding with modified plans is prohibited. You cannot simply bury the discovery and redesign around it without SHPD review. This approach destroys the scientific and cultural context of the artifacts and violates HRS Chapter 6E.

Option B: Continue work but document the findings

Continuing work while documenting findings is explicitly prohibited. The work stoppage requirement is immediate and absolute β€” documentation does not substitute for stopping work and notifying the proper authority. Ongoing excavation can disturb or destroy the artifact context.

Option D: Remove artifacts and continue with construction

Removing artifacts and continuing construction is illegal. Removing archaeological artifacts without authorization constitutes a violation of state historic preservation law and potentially federal law (ARPA β€” Archaeological Resources Protection Act) if the site has federal nexus. The contractor has no authority to remove or relocate artifacts.

Memory Technique

Artifacts = Stop + Call. The moment you find something old in the ground in Hawaii, your two immediate actions are: STOP everything, then CALL the State Historic Preservation Division. Think of SHPD as the archaeological 911 β€” you must call them before doing anything else.

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