HomeMy WebLinkAboutProposed Shoreline Master Program AmendmentsPage 1 of 6
Proposed Amendments to Cultural Resource Goals, Objectives, Policies, &
Regulations
For
Kittitas County’s Shoreline Master Program
3.7 Historic/cultural element
A. Goal
1. Identify, protect, preserve and restore sites that have historical,contain resources of
cultural, archaeological, historic, educational, andor scientific value and/or significance.
B. Objectives
1. Protect cultural, archaeological, and historic sitesresources in collaboration with
appropriate tribal, state, federal, and local governments.
2. EncourageEngage in and encourage cooperation between public agencies and private
parties in the identification, protection, and management of historical and cultural,
archaeological, and historic resources.
3. Consult with the Washington State Department of Archaeology and Historic Preservation
(“DAHP”) and affected Native American tribes when developing local policies and
regulations for identifying, protecting, and preserving cultural, archaeological, and
historic resources
3.4. Where appropriate, restore unique resources that have cultural, archaeological, historic,
educational, historically, or culturally significant featuresscientific value or significance
to further enhance the value of the shorelines.
4.5. ProvideWhere appropriate, provide access to sitescultural, archaeological, and historic
resources in a manner that is culturally sensitive and does not degrade the cultural or
historical resource or impact the quality of the environment.
6. Incorporate opportunities for education related to cultural, archaeological, historical, and
cultural featureshistoric resources into public and pr ivate programs and development ,
where appropriate.
5.1 ArchaeologicalCultural, archaeological and historical resources
The following provisionspolicies and regulations apply to cultural, archaeological, and
historicalhistoric resources that are either (a) listed on the national, state, or local registers of
historic places; (b) recorded atby the Washington State Department of Archaeology and Historic
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Preservation and/or by local jurisdictions (DAHP), a Native American tribe, and/or have beena local
jurisdiction; or (c) undiscovered, inadvertently uncovered. , or yet unrecorded.
Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW
Chapter 27.44 (Indian graves and records) and RCW Chapter 27.53 (Archaeological sites and
records). Shoreline uses or development that may impact such sites shall comply with WAC
Chapter 25-48 as well as the provisions of this chapterShoreline Master Program.
Pursuant to RCW 27.53.070, information and documents pertaining to the location of
archaeological sites or resources are confidential and not considered public records that require
disclosure.
A. Policies
Care should be takenThe County shall take, or cause project applicants to avoid take, all required
actions to:
1. Minimize the risk of disturbing cultural, archeological and historicalhistoric resources
alongwithin Kittitas County shorelines.
2. Prevent the destruction of or damage to any site having cultural, archaeological, historic,
cultural, scientific, or educational value as identified by the appropriate authorities,
including affected Indian tribes and the Department of Archaeology and Historic
PreservationDAHP.
3. Uses and development along shorelines in areas documented to contain archaeological
resources should include consultation Consult with professional archaeologists, DAHP,
and affected IndianNative American tribes to identify, before permitting or otherwise
approving the use or development of shoreline areas containing potentially valuable
datacultural, archaeological, or historic resources. This consultation shall be
accomplished through the regulations and procedures provided herein.
3.4. Consult with professional archaeologists, DAHP, and affected Native American tribes to
establish procedures for salvaging the data or cultural, archaeological, or historic
resources, and/or for maintaining the areasuch resources in an undisturbed condition.
5. Make informed specific land use decisions based upon information provided by DAHP or
Native American tribes.
6. Ensure the use of the best available information, technology, and techniques in
identifying, protecting, preserving, and restoring cultural, arc haeological, and historic
resources.
7. Consult with DAHP and affected Native American tribes as appropriate in implementing
the cultural, archaeological, and historic resources goals, objectives, policies, and
regulations of this SMP.
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B. Regulations
1. Project Approval Requirements. Prior to issuing a permit, exemption, or other approval
for a proposed project in a shoreline area, the County shall determine whether or not a
cultural resources review or archaeological survey shall be required under this Section
5.1(B)(1).
a. Exceptions. No cultural resources review or survey shall be required under this
Section 5.1(B)(1) where the project applicant can demonstrate one or more of the
following conditions is met:
i. The project or use does not include any ground disturbance. Projects that require
the insertion of structural elements, but which do not require any excavation and
create no spoil piles, shall be considered non-ground-disturbing for purposes of
this Section (e.g. driving T-posts, planting tree seedlings with a hoedad).
ii. The project is limited to the installation of infrastructure entirely within the
same area as an existing project or development.
iii. The project ’s entire three-dimensional area of proposed ground-disturbance is
located within previous fill or previously disturbed earth.
iv. A professional archaeologist has surveyed the entire project area within the last
ten (10) years, and the survey report(s) show that no cultural, archaeological, or
historic resources were found.
b. Cultural Resources Review. The County shall provide electronic notice and a fifteen
(15) day comment opportunity to DAHP and affected Native American tribes for all
proposed projects in shoreline areas which are not excluded under Section
5.1(B)(1)(a) above.
i. When applicable, the above notification requirement will be included in the
Preliminary Site Analysis process.
ii. Where the proposed project is already subject to a comment period through
shoreline permitting and/or SEPA review, this comment period shall be run
concurrently.
iii. For shoreline projects that fall under a shoreline exemption permit and have no
notification requirement, if not already completed through t he Preliminary Site
Analysis process, the above notification and cultural resources review
requirements will occur prior to the issuance of an exemption permit.
c. Archaeological Survey Requirement. A final archeological survey report for the
entire project area shall be required prior to the County’s issuance of a permit,
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exemption, or other approval where the proposed project is not excepted under
Section 5.1(B)(1)(a) above, and one or more of the following conditions exist:
i. The project area is located within one quarter (1/4) mile from either a protected
Native American pre-contact site recorded with DAHP, or a protected historic
site that is listed or eligible, or potentially eligible and unevaluated , in the
DAHP inventory.
ii. DAHP or an affected Native American t ribe timely comments through the
above cultural resources review process (or concurrent permitting or
environmental review process, if applicable), and requests an archaeological
survey be completed due to the presence of one or more of the following risk-
factors:
Documented historic feature(s) on the property or located within one
quarter (1/4) mile from the project area;
Previous positive archaeological survey results from a survey on the
property or within one quarter (1/4) mile from the project area; or
A tribally-recorded site located within one quarter (1/4) mile of the
project area.
iii. DAHP and an affected Native American tribe timely comment through the
above cultural resources review process (or concurrent permitting or
environmental review process, if applicable), and both DAHP and the affected
Native American tribe request that an archaeological survey be completed due
to a professional archaeologist’s determination that the project area is in an area
that is at high-risk for the presence of archaeological resources (e.g. in an area
with high-risk soil deposit types such as historic high-energy soil deposits, or
soils with multiple depositional contexts).
iv. The County determines that an archaeological survey is otherwise warranted.
d. Archaeological Survey & Reporting Standards. Archaeological surveys shall be
completed by a professional archaeologist . Archaeological survey reports shall
conform to DAHP’s then-current reporting standards.1 Both DAHP and affected
Native American tribes shall receive copies of completed archaeological survey
reports, and have a reasonable opportunity (in no case less than fifteen days) to
comment on t heir sufficiency before such reports shall be considered final. Final
archaeological survey reports shall be filed with DAHP prior to the County’s issuance
of a permit, exemption, or other approval where the proposed project is not exempt
under Section 5.1(B)(1)(a).
1 See Washington State Department of Archaeology and Historic Preservation, Washington State Standards for
Cultural Resource Reporting (February 2, 2017), available at
http://www.dahp.wa.gov/sites/default/files/CR%20Update%20February%202017.pdf (last visited May 23, 2017).
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e. Monitoring Alternative. Despite the requirements of Section 5.1(B)(1)(c), above, an
archaeological survey shall not be required where the project proponent, the County,
DAHP, and any affected Native American tribes, all approve a written plan for on-
site project monitoring by a professional archaeologist throughout all project phases
that include ground-disturbing work. This monitoring plan shall be drafted by a
professional archaeologist at the applicant’s expense.
f. Project Modification Alternative. Despite the requirements of Section 5.1(B)(1)(c),
above, an archaeological survey shall not be required where the project is modified so
that it no longer triggers the risk factor(s) under 5.1(B)(1)(c) that would have resulted
in the need for an archeological survey under these regulations.
1.2. Inadvertent Discoveries. Developers and property owners shall immediately stop work
and notify the local government, the Washington State Department of Archaeology and
Historic PreservationDAHP, and affected IndianNative American tribes if archaeological
resources are uncovered during excavationdiscovered. Construction may recommence
pursuant to RCW 27.44.040, RCW 27.53.040 and WAC 25-48-030. A notification
stating this requirement shall be included on County shoreline permitpermits,
exemptions, and other project approval documents.
2. Prior to issuance of a permit in areas documented to containResource Management. If
significant cultural or, archaeological, or historic resources, a cultural resources site
inspection or evaluation by are identified in the project area, the project proponent shall
engage a professional archaeologist shall be required in coordination with affected Indian
tribes.
3. If a cultural resource site inspection or evaluation identifies the presence of significant
historic or archaeological resources, a cultural resource management plan shall be
prepared by a professional archaeologist or (or a historic preservation management
professional., where appropriate) to prepare a resource management plan. The resource
management plan shall, at a minimum, conform to DAHP’s then-current management
standards. In addition, a permit or other requirementsrequirement administered by the
Washington State Department of Archaeology and Historic PreservationDAHP pursuant
to RCW 27.44 and RCW 27.53 may apply.
Definitions to Add:
"Archaeological object" means an object that comprises the physical evidence of an indigenous
and subsequent culture, including material remains of past human life, including monuments,
symbols, tools, facilities, and technological by-products.
"Archaeological site" means a geographic locality that contains archaeological objects.
“Archaeological survey” means a formal archaeological study completed by a professional
archaeologist that conforms to, and is reported consistent with, DAHP’s then-current
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archaeological survey and reporting standards; and which at a minimum includes background
research and a field investigation that includes appropriate sub-surface methodology.
"Cultural resources" means archaeological and historic sites and artifacts, as well as those
traditional food, medicine, fibers, and objects that sustain the religious, ceremonial, and social
activities of affected Native American tribes.
"Historic resources" or “Historic site” means those properties which are listed in or eligible for
listing in the Washington State register of historic places (RCW 27.34.220) or the national
register of historic places as defined in the national historic preservation act of 1966 (Title 1, Sec.
101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended.
“Professional archaeologist” means an archaeologist who meets the requirements set forth in
RCW 27.53.030(11), and has at least a master’s degree in Anthropology or a related field and
two years professional experience in archaeological fieldwork .
“Project area” means any and all areas that may be affected by a project’s construction and
operation. Both tempo rary and permanent effects must be considered.