Chapter 22.22
CULTURAL RESOURCE PROTECTION—GENERAL MANAGEMENT AREAS
Sections:
22.22.010 General provisions for implementing the cultural resource protection process.
22.22.020 Requirements for cultural resource archaeological and historic surveys.
22.22.030 Evaluation of significance.
22.22.040 Assessment of effect.
22.22.060 Cultural resources discovered after construction begins.
22.22.070 Discovery of human remains.
22.22.010 General provisions for implementing the cultural resource protection process.
A. All cultural resource information shall remain confidential and exempt from public records requests, according to Section 6(a)(1)(A) of the National Scenic Area Act and RCW 42.17.310(k). Federal agency cultural resource information is also confidential and exempt by statute from the Freedom of Information Act under 16 USC 470(hh) and 36 CFR 296.18.
B. All cultural resource surveys, evaluations, assessments and mitigation plans shall be performed by professionals whose expertise reflects the type of cultural resources that are involved. Principal investigators shall meet the professional standards set out in 36 CFR Part 61 and in Guidelines for Evaluating and Documenting Traditional Cultural Properties (Parker and King, no date).
C. Cultural resource surveys, evaluations, assessments, and mitigation plans shall generally be conducted in consultation with tribal governments and if appropriate, any party of record. Tribal governments shall be consulted if the affected cultural resources are precontact or otherwise associated with Native Americans. If the cultural resources are associated with non-Native Americans, such as a historic house or pioneer campsite, tribal governments do not have to be consulted.
D. The responsibility and cost of preparing an evaluation of significance, assessment or effect, or mitigation plan shall be borne by the project applicant, including for resources discovered during construction. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.22.020 Requirements for cultural resource archaeological and historic surveys.
A. Archaeological Survey Requirements and Exceptions.
1. Each proposed use or element of a proposed use within an application shall be evaluated independently to determine whether an archaeological survey is required; for example, an application that proposes a land division and a new dwelling would require an archaeological survey if a survey would be required for the dwelling.
2. An archaeological survey shall be required for all proposed uses within five hundred feet of a known cultural resource and all proposed uses within one hundred feet of a high probability area, including those uses listed as exempt in subsection (A)(3) of this section.
3. An archaeological survey shall be required for all proposed uses, except the following, unless located within five hundred feet of a known cultural resource:
a. The modification, expansion, replacement, or reconstruction of existing buildings and structures.
b. Proposed uses that would not disturb the ground, including land divisions and lot-line adjustments, storage sheds that do not require a foundation; installation of surface chemical toilets; hand treatment of brush within established rights-of-way; and new uses of existing structures.
c. Proposed uses that involve minor ground disturbance, as defined by depth and extent, including repair and maintenance of lawfully constructed serviceable structures; home gardens; livestock grazing; cultivation that employs minimum tillage techniques, such as replanting pastures using a grassland drill; construction of fences; new utility poles that are installed using an auger, post-hole digger or similar implement; and placement of manufactured homes where septic systems and underground utilities are not involved. The Gorge Commission shall review all land use applications and determine if the proposed uses would have a minor ground disturbance.
d. Proposed uses that occur on sites that have been disturbed by human activities, provided the proposed uses do not exceed the depth and extent of existing ground disturbance. To qualify for this exception, a project applicant must demonstrate that land-disturbing activities occurred in the project area. Land-disturbing activities include grading and cultivation.
e. Proposed uses that would occur on sites that have been adequately surveyed in the past. Past surveys must have been conducted by a qualified professional and must include a surface survey and subsurface testing. The nature and extent of any cultural resources in the project area must be adequately documented.
f. Proposed uses occurring in areas that have a low probability of containing cultural resources. Areas that have a low probability of containing cultural resources shall be identified using the results of archaeological surveys conducted by the Columbia River Gorge Commission, the United States Forest Service, public agencies and private archaeologists. The Gorge Commission, after consultation with the tribal governments and Washington State Department of Archaeology and Historic Preservation (hereinafter DAHP), shall prepare and adopt a map showing areas that have a low probability of containing cultural resources. This map shall be refined and revised as additional archaeological surveys are conducted. Areas shall be added or deleted as warranted. All revisions of this map shall be reviewed and approved by the Gorge Commission. The following proposed uses do not qualify for this exemption:
i. Residential development that involves two or more new dwellings for the same project applicant.
ii. Recreation facilities that contain parking areas for more than ten cars, overnight camping facilities, boat ramps and visitor information and environmental education facilities.
iii. Public transportation facilities that are outside improved rights-of-way.
iv. Electric facilities, lines, equipment and appurtenances that are thirty-three kilovolts or greater.
v. Communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment and appurtenances.
g. The Gorge Commission may choose to conduct an archaeological survey for proposed uses exempted under subsection (A)(3) of this section if, in its professional judgment, an archaeological survey may be necessary to ensure protection of cultural resources.
4. A historic survey shall be required for all proposed uses that would alter the exterior architectural appearance of buildings and structures that are fifty years old or older, or would compromise features of the surrounding area that are important in defining the historic or architectural character of buildings or structures that are fifty years old or older.
5. The Gorge Commission shall conduct and pay for all archaeological and historic surveys for small-scale uses in the general management area. When archaeological resources or traditional cultural properties are discovered, the Gorge Commission also shall identify the approximate boundaries of the resource or property and delineate a reasonable buffer zone.
6. Archaeological surveys and buffer zone delineations for large-scale uses shall be the responsibility of the project applicant. Large-scale uses, for the purposes of this chapter, include:
a. Residential development involving two or more new dwellings;
b. All recreation facilities;
c. Commercial and industrial development; public transportation facilities;
d. Electric facilities, lines, equipment, and appurtenances that are thirty-three kilovolts or greater; and
e. Communications, water and sewer, and natural gas transmission (as opposed to distribution) lines, pipes, equipment, and appurtenances.
B. Requirements for Archaeological Surveys and Reports for Small-Scale Uses.
1. Archaeological surveys for small-scale uses shall be designed by a qualified professional and shall generally include a subsurface survey and subsurface testing. They shall meet the following standards:
a. A surface survey of the project area shall be conducted, except for inundated areas and impenetrable thickets.
b. Subsurface testing shall be conducted if the surface survey reveals that cultural resources may be present. Subsurface probes shall be placed at intervals sufficient to determine the absence or presence of cultural resources.
2. Archaeological survey reports for small-scale uses shall be documented in a confidential report that includes:
a. A description of the fieldwork methodology used to identify cultural resources, including a description of the type and extent of the archaeological survey.
b. A description of any cultural resources that were discovered in the project area, including a written description and photographs.
c. A map that shows the project area, the areas surveyed, the location of subsurface probes, and, if applicable, the approximate boundaries of the affected cultural resources and a reasonable buffer zone.
d. All written comments and consultation meeting minutes, if applicable, shall be incorporated into the archaeological survey report.
C. Requirements for Archaeological Surveys and Reports for Large-Scale Uses.
1. Archaeological surveys for large-scale uses shall be designed by a qualified professional. A written description of the survey shall be submitted to and approved by the Gorge Commission’s designated archaeologist.
2. Archaeological surveys shall reflect the physical characteristics of the project area and the design and potential effects of the proposed use. They shall meet the following standards:
a. Archival research shall be performed before any field work. Archival research shall include a thorough examination of tax records; historic maps, photographs and drawings; previous archaeological, historic and ethnographic research; cultural resource inventories and records maintained by federal, state and local agencies; and primary historic accounts, such as diaries, journals, letters and newspapers.
b. Surface surveys shall include the entire project area, except for inundated areas and impenetrable thickets.
c. Subsurface probes shall be placed at intervals sufficient to document the presence or absence of cultural resources.
d. Archaeological site inventory forms shall be submitted to the Washington State Department of Archaeology and Historic Preservation (hereinafter “DAHP”) whenever cultural resources are discovered.
3. Archaeological survey reports for large-scale uses shall be documented in a confidential report that includes:
a. A description of the proposed use, including drawings and maps.
b. A description of the project area, including soils, vegetation, topography, drainage, past alterations and existing land use.
c. A list of the documents and records examined during the archival research and a description of any precontact or historic events associated with the project area.
d. A description of the fieldwork methodology used to identify cultural resources, including a map that shows the project area, the areas surveyed, and the location of subsurface probes. The map shall be prepared at a scale that provides accurate and readable details. In no event shall the scale be less than one inch equals one hundred feet (1:1,200).
e. Copies of all written comments submitted by tribal governments and other interested persons.
f. An inventory of the cultural resources that exist in the project area, including a written description, photographs, drawings and a map. The map shall be prepared at a scale that provides accurate and readable details. In no event shall the scale be less than one inch equals one hundred feet (1:1,200).
g. A preliminary assessment of whether the proposed use would or would not have an effect on cultural resources. The assessment shall incorporate concerns and recommendations voiced during consultation meetings and information, if any, obtained through field surveys.
D. Requirements for Historic Surveys and Reports.
1. Historic surveys shall document the location, form, style, integrity and physical condition of historic buildings and structures. They shall include original photographs and maps. Archival research, blueprints and drawings should be used as necessary.
2. Historic surveys shall describe any uses that will alter or destroy the exterior architectural appearance of the historic buildings or structures, or compromise features of the site that are important in defining the overall historic character of the historic buildings or structures.
3. The project applicant shall provide detailed architectural drawings and building plans that clearly illustrate all proposed alterations.
E. Gorge Commission and Tribal Government Notice.
1. The administrator shall notify the tribal governments when an archaeological survey is required or cultural resources that are precontact or otherwise associated with Native Americans exist in the project area. Notices sent to tribal governments shall include a site plan. At a minimum, notice shall be provided by email, unless a tribal government requests a different format of notice.
2. Tribal governments shall have thirty calendar days from the date a notice is mailed to submit written comments to the local government. The tribal government may choose to include comments that describe the nature and extent of any cultural resources that exist in the project area and identify individuals with specific knowledge about them. The administrator shall send a copy of all comments to the Gorge Commission.
F. Consultation and Ethnographic Research.
1. When written comments including a request for consultation with the applicant are submitted to the administrator by a party of record within the twenty-day development review comment period, the project applicant shall offer to meet with the requesting party within ten calendar days. The ten-day consultation period may be extended upon agreement between the project applicant and the requesting party.
2. Consultation meetings should provide an opportunity for the requesting party to explain how the proposed use may affect cultural resources. This consultation meeting may include oral history identification through tribal sources. Recommendations to avoid potential conflicts should be discussed.
3. A project applicant who is proposing a large-scale use shall conduct interviews and other forms of ethnographic research if a party of record submitted a written request for such research. All requests must include a description of the cultural resources that may be affected by the proposed use and the identity of knowledgeable informants. Ethnographic research shall be conducted by qualified specialists. Recordings, maps, photographs, and minutes of the meetings shall be used when appropriate.
4. All written comments, consultation meeting minutes, and ethnographic research shall be incorporated into the archaeological or historic survey report, except that sensitive tribal information may be redacted by an appropriate tribal representative. In instances where a survey is not required, all such information shall be recorded and addressed in a report that typifies a survey report; inapplicable elements may be omitted.
G. Notice of Survey Results.
1. The administrator shall submit a copy of all cultural resource survey reports to DAHP and to the tribal governments. Survey reports may include measures to avoid potentially affected resources, such as a map that shows a reasonable buffer zone.
2. DAHP and the tribal governments shall have thirty calendar days from the date a survey report is mailed to submit written comments to the administrator.
3. The administrator shall record and address all written comments in the administrative decision and staff report.
H. Conclusion of Cultural Resource Protection Process.
1. The administrator shall make a final decision on whether the proposed use would be consistent with the provisions of this chapter. If the final decision contradicts the comments submitted by the DAHP, the administrator shall justify how he reached an opposing conclusion.
2. The cultural resource protection process may conclude when the administrator makes a final, written determination that one of the following conditions exists:
a. The proposed use does not require an archaeological or historic survey, no cultural resources are known to exist in the project area, and no substantial concerns were voiced by parties of record within the twenty-day comment period on the application.
b. An archaeological survey demonstrates that cultural resources do not exist in the project area and no substantiated concerns were raised in written comments submitted by parties of record within the twenty-day comment period on the application, and no substantiated concerns regarding the archaeological survey were submitted by DAHP within their thirty-day comment period or by tribal governments during their thirty-calendar-day comment period as required by subsection (G)(2) of this section.
c. The proposed use would avoid archaeological resources and traditional cultural resources that exist in the project area. A reasonable buffer has been established around the affected resources or property and all ground-disturbing activities shall be prohibited within the buffer zone. Buffer zones shall preserve the integrity and context of cultural resources. Buffer zones may vary in width depending on the eventual use of the project area, the type of cultural resources present and the characteristics for which the cultural resources may be significant. A deed covenant, easement or other appropriate mechanism shall be developed to ensure that the buffer zone and the cultural resources are protected. An evaluation of significance shall be conducted if a project applicant decides not to avoid the affected cultural resource. In these instances, the archaeological survey and survey report shall be incorporated into the evaluation of significance.
d. A historic survey demonstrates that the proposed use would not have an adverse effect on historic buildings or structures.
i. To demonstrate that the proposed use would not have an effect on historic buildings or structures, the historic survey must satisfy one of the following requirements:
(A) DAHP concludes that the historic or architectural character of the affected buildings or structures are not significant, as determined using the criteria in the National Register criteria for evaluation (36 CFR 60.4); or
(B) The proposed use would not compromise the historic or architectural character of the affected buildings or structures, or compromise features of the site that are important in defining the overall historic character of the affected buildings or structures, as defined by provisions and standards in the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, 2017 or most recent version).
ii. The historic survey conducted by the Gorge Commission may provide sufficient information to satisfy these requirements. If it does not, architectural and building plans, photographs and archival research may be required. The project applicant shall be responsible for providing information beyond that included in the survey conducted by the Gorge Commission.
iii. The historic survey and report must demonstrate that these provisions have been clearly and absolutely satisfied. If DAHP or the administrator question whether these provisions have been satisfied, the project applicant shall conduct an evaluation of significance. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.22.030 Evaluation of significance.
A. Cultural resources are significant if one of the following criteria is satisfied:
1. The cultural resources are included in, or eligible for inclusion in, the National Register of Historic Places. The criteria for evaluating the eligibility of cultural resources for the National Register of Historic Places appear in the National Register criteria for evaluation (36 CFR 60.4). Generally, cultural resources must meet one or more of the following criteria. If a cultural resource meets one or more of the criteria, then it shall be assessed for integrity of location, design, setting, materials, workmanship, feeling, and association. If a cultural resource has the requisite integrity, then it would be eligible for the National Register of Historic Places.
a. Have an association with events that have made a significant contribution to the broad patterns of the history of this region.
b. Have an association with the lives of persons significant in the past.
c. Embody the distinctive characteristics of a type, period, or method of construction, or represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction.
d. Yield, or may be likely to yield, important precontact or historical information.
2. The cultural resources are determined to be culturally significant by a tribal government, based on criteria developed by that tribal government.
B. Evaluation Criteria and Information Needs. If cultural resources would be affected by a proposed use, an evaluation of their significance shall be conducted. Evaluations of significance shall meet the following requirements:
1. Evaluations of significance shall follow the procedures set out in How to Apply the National Register Criteria for Evaluation (U.S. Department of Interior, 1997, or most recent version) and Guidelines for Evaluating and Documenting Traditional Cultural Properties (Parker and King, 1998, or most recent version).
2. Evaluations of significance shall be presented within local and regional contexts and shall be guided by previous research and current research designs that are relevant to specific research questions for the Columbia River Gorge.
3. The evaluation of significance shall follow the principles, guidelines and report format recommended by the Washington State Department of Archaeology and Historic Preservation.
4. The evaluation of significance shall incorporate the results of the archaeological or historic survey and shall illustrate why each cultural resource found is or is not significant. Findings shall be presented within the context of relevant local and regional research. All documentation used to support the evaluation of significance shall be cited. Information gathered during the archaeological or historic survey may have to be supplemented. Detailed field mapping, subsurface testing, photographic documentation, laboratory analyses, and archival research may be required.
5. The project applicant shall contact tribal governments and parties of record, as appropriate. Ethnographic research shall be undertaken as necessary to fully evaluate the significance of the cultural resources.
6. All documentation used to support the evaluation of significance shall be cited. Evidence of consultation with tribal governments and other parties of record shall be presented. All comments, recommendations and correspondence from tribal governments and interested persons shall be appended to the evaluation of significance.
C. Notice of Evaluation Results.
1. If the evaluation of significance demonstrates that the cultural resources are not significant, then the administrator shall submit a copy of the evaluation of significance to DAHP and the tribal governments for concurrence.
2. DAHP, the tribal governments, and requesting persons shall have thirty calendar days from the date the evaluation of significance is mailed to submit written comments to the administrator. The administrator shall retain in the record and address all written comments in the administrative decision and staff report.
D. Cultural Resources Are Culturally Significant.
1. If a tribal government believes that the affected cultural resources are culturally significant, contrary to the evaluation submitted by the project applicant, then the Cultural Advisory Committee (CAC) established by the Gorge Commission shall make an independent review of the applicant’s evaluation and of the tribal government’s concerns. The CAC shall formulate a recommendation regarding the significance of the cultural resources.
2. The tribal governments shall substantiate their concerns, if any, in a written report which shall be submitted to the administrator, the CAC and the project applicant within fifteen calendar days from the date the evaluation of significance is mailed. The CAC shall submit its recommendation to the administrator within thirty calendar days from the date the evaluation of significance is mailed.
E. Conclusion of the Cultural Resource Protection Process.
1. The administrator shall make a final decision on whether the affected resources are significant. If the final decision contradicts the comments or recommendations submitted by DAHP or CAC, the administrator shall justify how an opposing conclusion was reached.
2. The cultural resource protection process shall conclude if the affected cultural resources are not significant.
3. If the project applicant or the administrator determines that the cultural resources are significant, then the effects of the proposed use shall be assessed. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.22.040 Assessment of effect.
A. Assessment Criteria and Information Needs. If a proposed use could potentially affect significant cultural resources, an assessment shall be made to determine if it would have no effect, no adverse effect, or an adverse effect. The assessment shall meet the following requirements:
1. The assessment of effect shall be conducted and paid for by the project applicant.
2. The assessment of effect shall be based on the criteria published in Protection of Historic Properties (36 CFR 800.5) and shall incorporate the results of the archaeological or historic survey and the evaluation of significance. All documentation shall follow the requirements listed in 36 CFR 800.11.
3. Proposed uses are considered to have an effect on cultural resources when they alter or destroy characteristics of the resources that make them significant (36 CFR 800.5).
4. Proposed uses are considered to have an adverse effect when they may diminish the integrity of the cultural resource’s location, design, setting, materials and workmanship, feeling or association (36 CFR 800.5). Adverse effects include, but are not limited to:
a. Physical destruction, damage or alteration of all or part of the cultural resource.
b. Isolation of the cultural resource from its setting or alteration of the character of the resource’s setting when that character contributes to the resource’s qualification as being significant.
c. Introduction of visual, audible or atmospheric elements that are out of character with the cultural resource or its setting.
d. Neglect of a significant cultural resource resulting in its deterioration or destruction, except as described in 36 CFR 800.5.
5. The assessment of effect shall be prepared in consultation with tribal governments and parties of record, if appropriate. The concerns and recommendations written by tribal governments and parties of record shall be recorded and addressed in the assessment.
6. The effects of a proposed use that would otherwise be determined to be adverse may be considered to be not adverse if any of the following applies:
a. The cultural resources are of value only for their potential contribution to archaeological, historical or architectural research, and when such value can be substantially preserved through the conduct of appropriate research before development begins, and such research is conducted in accordance with applicable professional standards and guidelines.
b. The undertaking is limited to the rehabilitation of buildings and structures, and is conducted in a manner that preserves the historical and architectural character of affected cultural resources through conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, 2017, or most recent version).
c. The proposed use is limited to the transfer, lease, or sale of nonfederal lands that contain cultural resources, and adequate restrictions or conditions are included to ensure preservation of the significant features of the resources.
B. Notice of Assessment Results.
1. If the assessment of effect concludes that the proposed use would have no effect or no adverse effect on significant cultural resources, the administrator shall submit a copy of the assessment to DAHP and affected tribal governments, if any.
2. DAHP, affected tribal governments and parties of record, if appropriate, shall have thirty calendar days from the date the assessment is mailed to submit written comments to the administrator. The administrator shall record and address all written comments in the administrative decision and staff report.
C. Conclusion of the Cultural Resource Protection Process.
1. The administrator shall make a written decision on whether the proposed use would have no effect, no adverse effect or an adverse effect. If the decision contradicts the comments submitted by DAHP, the administrator shall justify how he reached an opposing conclusion.
2. The cultural resource protection process shall conclude if the proposed use would have no effect or no adverse effect on significant cultural resources.
3. A mitigation plan shall be prepared if a project applicant or the administrator determines that the proposed use will have an adverse effect on significant cultural resources. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.22.050 Mitigation plans.
A. Mitigation Plan Criteria and Information Needs. If the administrator concludes that the proposed use would have an adverse effect on significant cultural resources, then a mitigation plan shall be prepared. Mitigation plans shall meet the following requirements:
1. Mitigation plans shall be prepared and paid for by the project applicant.
2. Mitigation plans shall reduce an adverse effect to no effect or no adverse effect.
3. Mitigation plans shall be prepared in consultation with persons who have concerns about or knowledge of the affected cultural resources, including tribal governments, Native Americans, local governments whose jurisdiction encompasses the project area, and DAHP.
4. Avoidance of cultural resources through project design and modification is preferred. Avoidance may be achieved by reducing the size, scope, configuration and density of the proposed use. Alternative mitigation measures shall be used only if avoidance is not practicable. Alternative measures may include, but are not limited to, requiring a monitor during construction, burial under fill, stabilization, removal of the cultural resource to a safer place and partial to full excavation and recordation. If the mitigation plan includes buffer zones to protect cultural resources, a deed covenant, easement or other appropriate mechanism shall be developed and recorded in the county auditor’s records.
5. Mitigation plans shall incorporate the results of the archaeological or historic survey, the evaluation of significance and the assessment of effect, and shall provide the following documentation required in 36 CFR 800.11, including but not limited to:
a. A description and evaluation of any alternatives or mitigation measures that the project applicant proposes for reducing the effects of the proposed use.
b. A description of any alternatives or mitigation measures that were considered but not chosen and the reasons for their rejection.
c. Documentation that all notice, comment and consultation provisions of this title have been met.
d. A description of the project applicant’s efforts to obtain and consider the views of tribal governments, parties of record and the administrator.
e. Copies of any written recommendations submitted to the administrator or applicant regarding the effects of the proposed use on cultural resources and alternatives to avoid or reduce those effects.
B. Notice of Mitigation Plan Results.
1. If the administrator concludes that a mitigation plan reduces the effect of a use from an adverse effect to no effect or no adverse effect, the administrator shall submit a copy of the mitigation plan to DAHP and affected tribal governments.
2. DAHP, affected tribal governments and parties of record shall have thirty (30) calendar days from the date the mitigation plan is mailed to submit written comments to the administrator. The administrator shall record and address all written comments in the administrative decision and staff report.
C. Conclusion of the Cultural Resource Protection Process.
1. The administrator shall make a final decision of whether the mitigation plan would reduce an adverse effect to no effect or no adverse effect. If the final decision contradicts the comments submitted by DAHP, the administrator shall justify how the opposing conclusion was reached.
2. The cultural resource protection process shall conclude if a mitigation plan will reduce an adverse effect to no effect or no adverse effect.
3. The proposed use shall be prohibited when acceptable mitigation measures fail to reduce an adverse effect to no effect or no adverse effect. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.22.060 Cultural resources discovered after construction begins.
The following procedures shall be used when cultural resources are discovered during construction activities, and shall be included as conditions of approval for all review uses. All survey and evaluation reports and mitigation plans shall be submitted to the administrator and DAHP. Tribal governments also shall receive a copy of all reports and plans if the cultural resources are precontact or otherwise associated with Native Americans.
A. Halt of Construction. All construction activities within one hundred feet of the discovered cultural resource shall cease. The cultural resources shall remain as found; further disturbance is prohibited.
B. Notification. The project applicant shall notify the administrator and the Gorge Commission within twenty-four hours of the discovery. If the cultural resources are precontact or otherwise associated with Native Americans, the project applicant shall also notify the tribal governments within twenty-four hours.
C. Survey and Evaluations. The Gorge Commission shall survey the cultural resources after obtaining written permission from the landowner and appropriate permits from the DAHP. (See Chapter 27.53 RCW.) It shall gather enough information to evaluate the significance of the cultural resources. The survey and evaluation shall be documented in a report that generally follows the provisions in Section 22.22.030. Based upon the survey and evaluation report and any written comments, the administrator shall make a final decision on whether the resources are significant. A mitigation plan shall be prepared if the affected cultural resources are significant. Construction activities may recommence if the cultural resources are not significant.
D. Mitigation Plan. Mitigation plans shall be prepared according to the information, consultation and report provisions contained in Section 22.22.050. Construction activities may recommence when the conditions in the mitigation plan have been executed. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))
22.22.070 Discovery of human remains.
The following procedures shall be used when human remains are discovered during a cultural resource survey or during construction, and shall be included as a condition of approval for all review uses. “Human remains” means articulated or disarticulated human skeletal remains, bones or teeth, with or without attendant burial artifacts.
A. Halt of Activities. All survey, excavation and construction activities shall cease. The human remains shall not be disturbed any further.
B. Notification. Local law enforcement officials, the administrator, the Gorge Commission, and the tribal governments shall be contacted immediately. Do not contact any other entity than those listed here.
C. Inspection. The county coroner, or appropriate official, shall inspect the remains at the project site and determine if they are precontact, historic, or modern. Representatives of the tribal governments shall be contacted immediately and have an opportunity to monitor the inspection.
D. Jurisdiction. If the remains are modern, the appropriate law enforcement officials shall assume jurisdiction and the cultural resource protection process may conclude.
E. Treatment. The procedures set out in Chapters 27.44 and 68.05 RCW shall generally be implemented if the remains are precontact or historic. If human remains will be reinterred or preserved in their original position, a mitigation plan shall be prepared in accordance with the consultation and report requirements set out in Section 22.22.050. The mitigation plan shall accommodate the cultural and religious concerns of Native Americans. The cultural resource protection process may conclude when the conditions set forth in Section 22.22.050(C) are met and the mitigation plan is executed. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))