20F.40.31 Archeological Sites.

20F.40.31-010 Purpose.

The purpose of this division is to provide guidance on procedures for dealing with archeological sites. (Ord. 2164)

20F.40.31-020 Scope.

(1) This division applies to any person proposing to do any of the following on known archeological sites, and all sites that have a high probability of containing archeological artifacts:

(a) Filling, grading, compacting, blasting, boring, tunneling, or any form of earthwork or disturbance; or

(b) Excavating or mining; or

(d) Paving or otherwise covering of the earth surface with such materials as concrete; or

(e) Planting or farming; or

(f) Erecting a structure; or

(g) Any other activity that may harm or disturb an archeological site.

(2) This division also applies to persons who discover sites during the course of other development or land use activity. (Ord. 2164)

20F.40.31-030 Procedures, Known Archeological Sites or High Probability Archeological Sites.

(1) If the administrator has or is presented with reliable and credible information that the site is a known archeological site or that it has a high probability of containing archeological artifacts, no land use actions or activities as described in RCDG 20F.40.31-020, Scope, shall occur unless approval is granted under this section.

(2) The administrator shall set forth the submittal requirements necessary for an application and the application shall be processed concurrently with any other required permit or approval.

(3) The applicant shall have a qualified archeologist, as approved by the Administrator, prepare a site study to determine the effect that any proposed action may have on the archeological site and recommend necessary treatment and mitigation measures.

(4) The investigation and written report by the approved archeologist shall include information about the probable significance of the site, the probable effect of the land use action or activity on the integrity of the site, and a set of recommendations for any necessary treatment or mitigation measures. This investigation and report shall include but not be limited to the following:

(a) The boundaries of the archeological site. If the boundaries of the archeological site are found to be outside the areas of the proposed project activities (i.e., sensitive areas proposed for buffers) the investigation and report shall be deemed complete with this information together with information in subsections (4)(a)(i) through (iv) of this section.

(i) A description of the archeological features and of the depth and characteristics of any artifacts unearthed during the course of investigation.

(ii) The impacts that the proposed construction or use are likely to have on the site.

(iii) Recommendations for measures to interpret and protect the site as appropriate to standard archeological practice.

(iv) If based on the analysis construction is conditionally recommended, a description of any areas to be monitored during construction.

(5) The Administrator shall make a determination based on the investigation whether the work can proceed, and, if so, under what conditions.

(6) If the appropriate living relatives or related cultural groups are known or discovered during the course of investigation they shall be notified within 15 days of the time of application or within 15 days of the time that the Administrator is notified of the discovery.

(7) Final Decision. The decision of the Administrator shall be final unless appealed as provided for under RCDG 20F.30.30-040, Appeal of Administrative Decision. (Ord. 2164)

20F.40.31-040 Procedures, Incidental Discovery of Archeological Sites.

If archeological artifacts or evidence is unearthed or exposed in the course of a project, the find shall be reported immediately to the Administrator. The project shall be halted and a qualified archeologist shall be called in to investigate and recommend preservation, further evaluation, excavation and appropriate mitigation or other appropriate treatment of the site following the procedures in RCDG 20F.40.31-030, Permits and Procedures, Known Archeological Sites or High Probability Archeological Sites. (Ord. 2164)