HomeMy WebLinkAboutOrd-2019-003BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
ORDINANCE NO. 2019-Q2?;r-
AN ORDINANCE OF KITTITAS COUNTY, WASHINGTON AMENDING KITTITAS COUNTY
SHORELINE MASTER PROGRAM AND KITTITAS COUNTY CODE TITLE 17B FOR
CONSISTENCY WITH SHORELINE MASTER PROGRAM AMENDMENTS
WHEREAS, the Washington State Shoreline Management Act (RCW 90.58) and its
associated rules (WAC 173-26) require local governments to develop and
administer shoreline master programs that include policies and regulations that
govern designated shorel ines within their respective jurisdictions ; and
WHEREAS, On February 22, 2016, the Washington State Department of Ecology approved
the County's Shoreline Master Program; and
WHEREAS, Subsequent to Department of Ecology's approval of the Shoreline Master
Program , the Yakama Nation petitioned the Growth Management Hearings
Board for review of the Shoreline Master Prog ram, challenging the adequacy of
the Shoreline Master Program 's provisions dealing with cultural, historical , and
archeological resources ; and
WHEREAS, Kittitas County, the Department of Ecology, and the Yakama Nation engaged in a
series of settlement negotiations and developed proposed Shoreline Master
Program amendments that address the respective concerns of all parties and
that meet or exceed the requirements of the Shoreline Management Act and
other applicable regulations ; and
WHEREAS, The proposed amendments were included in a settlement agreement that was
executed by Kittitas County, the Department of Ecology, and the Yakama Nation
on May 3 , 2018 ; and
WHEREAS, The settlement agreement required Kittitas County to take all actions necessary
to adopt the proposed Shoreline Master Program Amendments using the optional
joint review process outlined in WAC 173-26-104; and
WHEREAS, A 30-day public comment period was provided in accordance with WAC 173-26-
104(2)(c)(i); and
WHEREAS, On August 28, 2018, the Kittitas County Planning Commission conducted a joint
public hearing in accordance with WAC 173-26-104(2)(c)(ii) and recommended
approval of the Shoreline Master Program amendments ; and
WHEREAS, On October 1, 2018, Kittitas County staff submitted the proposed amendments,
comments , and county response to the Department of Ecology in accordance
with WAC 173-26-104(3); and
WHEREAS, On October 3, 2018, the Department of Ecology issued a written statement of
initial concurrence for the proposed amendments in accordance with WAC 173-
26-104(3)(a)(i); and
WHEREAS, The Kittitas County Board of County Commissioners, after proper notification and
publication, held a public hearing on November 20, 2018 to hear public testimony
on the proposed Shoreline Master Program amendments; and
WHEREAS, After deliberation, the Kittitas County Board of County Commissioners approved
the proposed Shoreline Master Program amendments ; and
WHEREAS, The proposed amendments must be adopted by resolution or ordinance and sent
to Department of Ecology for final approval in accordance with WAC 173-26-11 O;
and
WHEREAS, Kittitas County Board of County Commissioners adopted Resolution No. 2018-
195 on December 4 , 2018, stating the intent to adopt Shoreline Master Program
amendments and authorizing submittal of this proposed amendments to the
Washington State Department of Ecology; and
WHEREAS, Kittitas County submitted the Shoreline Master Program amendments to the
Washington State Department of Ecology on December 13, 2019; and
WHEREAS, the Washington State Department of Ecology issued final approval of Kittitas
County's Shoreline Master Program amendments on January 14, 2019, making
the updated Shoreline Master Program effective on January 28, 2019; and
WHEREAS, this Ordinance includes the amendments to the Kittitas County Shoreline Master
Program and all of the necessary changes to Kitt itas County Code to be
consistent with the Shoreline Master Program amendments.
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED, that Kittitas County
adopts the Kitt itas County Shoreline Master Program Amendments and necessary amendments
to Kittitas County Code as shown in the attached Exhibits A and B.
BE IT FURTHER ORDAINED that the Kittitas County Information Technology Department is
directed to make the above described amendments to the Shoreline Master Program and
county code on the Kittitas County website.
BE IT FURTHER ORDAINED that the Prosecuting Attorney's Office is charged with correcting
any scrivener's errors it notices and determines arose out of the amendment and enactment
process. No further authorization will be required from the Board of County Commissioners for
the Prosecuting Attorney's Office to effect correction of scrivener's errors relating to this
Ordinance and the Prosecutor's Office shall direct Information Technology to make such
needed corrections.
ADOPTED this 19th day of February , 2019.
_)2ic1erk of the Board-Julie Kjorsvik
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY\ WASHINGTON
~
A BSENT
e-Chairman
APPROVED AS TO FORM:
• Deputy Clerk of the Board-Mandy Buchholz
Neil Caulkins,
Deputy Prosecuting Attorney
3.7
A.
1.
B.
1.
2.
3 .
Exhibit A: Amendments to
Kittitas County's Shoreline Master Program
Historic/cultural element
Identify, protect, preserve and restore sites that have historical,contain resources of
cultural, archaeological, historic, educational, af½Elor scientific value ail6f0r significance.
Objectives
Protect cultural, archaeological, and historic sitesresources in collaboration with
appropriate tribal, state, federal , and local governments.
EncourngeEngage in and encourage cooperation between public agencies and private
parties in the identification, protection, and management of historical and culturali
archaeological, and historic resources .
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
M-'--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_. _Provide Where appropriate, prov ide 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 private programs and developmenti
where appropriate.
Page 1 of6
5.1 ArehaeelegiealCultural, archaeological and historical resources
The following pro\·isi on spolicies and regulations apply to cultural, archaeological, and
hi storiealhistoric resources that are either (a) listed on the national, state, or local registers of
historic places; (b) recorded ath.y the Washington State Department of Archaeology and Historic
Preservation ana,lor by loeal jl±fisd:ietion s (DAHP), a Native American tribe, and/or ,~ave 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 ~Shoreline Master Program.
Pursuant to RCW 27 .53 .070, inf01mation and documents pertaining to the location of
archaeological sites or resources are confidential and not considered public records that require
disclosure .
A. Policies
Care sh01:1lcl be tak en The County shall take, or cause project applicants to a-¥6Hl-take, all required
actions to:
1. Minimize the 1isk of disturbing cultural, archeological and historicalhistoric resources
akmgwithin 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 Ind-HmNative American tribes to identify, before permitting or otherwise
approv ing 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 .
~-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 .
Page 2 of6
6 .
7 .
B.
1.
Ensure the use of the best available information, technology, and techniques in
identifying, protecting, preserving, and restoring cultural, archaeological, and historic
resources .
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.
Regulations
Pro;ect Approval R equirements. 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.l{B){l).
a . Exception s . No cultural resources rev iew or survey shall be required under this
Section 5 .l(B)(l) where the project applicant can demonstrate one or more of the
following conditions is met:
1. 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).
11. The project is limited to the installation of infrastructure entirely within the
same area as an existing project or development.
m. The project's entire three-dimensional area of proposed ground-disturbance is
located within previous fill or previously disturbed earth.
1v . A professional archaeologist has surveyed the entire project area within the last
ten (l 0) years, and the survey report(s) show that no cultural, archaeological, or
historic resources were found.
b . Cultural R es ources R eview. 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 . l(B)(l)(a) above.
1. When applicable, the above notification requirement will be included in the
Preliminary Site Analysis process.
11. Where the proposed project is already subject to a comment period through
shoreline permitting and/or SEPA review, this comment period shall be run
concurrent! y.
Page 3 of6
lll. For shoreline projects that fall under a shoreline exemption permit and have no
notification requirement, if not already completed through the 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.
exemption, or other approval where the proposed project is not excepted under
Section 5.l(B)(l)(a) above, and one or more of the following conditions exist:
1. The project area is located within one quarter (l /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.
11. DAHP or an affected Native American tribe 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 :
111.
IV.
• Documented historic feature(s) on the property or located within one
quarter (l /4) mile from the project area;
• Previous positive archaeological survey results from a survey on the
property or within one quarter (l /4) mile from the project area; or
• A tribally-recorded site located within one quarter (l /4) mile of the
project area.
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).
The County determines that an archaeological survey is otherwise warranted.
d. Archaeological Sun1ey & 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
1 S ee 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/s ite s/default/file s/CR%20Update%20February%202017.pdf (last visited May 23, 2017).
Page 4 of6
+.-2.
2.
3 .
repol1s, and have a reasonable opportunity (in no case less than fifteen days) to
comment on their sufficiency before such repo11s shall be considered final. Final
archaeological survey repol1s 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.l(B)(l)(a).
e. Monitoring Alternative . Despite the requirements of Section 5 .l(B)(l)(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. Proiec t Modification Alternative . Despite the requirements of Section 5 .1 (B)( I)( 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. l(B)(l)(c) that would have resulted
in the need for an archeological survey under these regulations.
Inadverte nt Dis coveries. Developers and property owners shall immediately stop work
and notify the local government, the Washington State Department of Archaeology and
Historic PreservationDAHP , and affected lfHliaftN ative 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 ~
exemptions, and other project approval documents.
Prior to issuance of a permit in areas documented to containR esource Managem ent. If
significant cultural-er_. 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
tribe&.-
If a cultu:ral resource site inspection or e¥aluation identifies the presence of significant
historic or arnhaeological resources , a cultural resource management plan shall be
prepared by a professional archaeologist or~ historic preservation management
professional:-, where appropriate) to prepare a resomce 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.
Page 5 of6
"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
archaeological survey and reporting standards; and which at a minimum includes background
research and a field inv estigation 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 temporary and permanent effects must be considered.
Page 6 of6
Exhibit B: Amendments to Kittitas County Code
Chapter 17B.02
DEFINITIONS
Sections
17B .02.005 Generally.
17B.02 .010 Act.
17B.02 .020 Administrator.
17B.02 .030 Agricultural activities.
17B .02 .040 Agricultural products .
17B .02 .050 Agricultural equipment and agricultural facilities.
17B.02.060 Agricultural land .
17B.02.070 Alluvial fan or alluvial fan hazard area .
17B.02 .080 Amendment.
17B.02 .090 Approva I.
17B.02 .100 Aquaculture.
17B.02.101 Archaeological object.
17B.02.102 Archaeological site.
17B .02 .103 Archaeological survey .
17B.02 .105 Average grade level.
17B.02 .110 Avulsion .
17B.02 .115 Boat launch ramp .
17B .02 .120 Boat launch ramp, primitive.
17B .02 .125 Boat launch ramp, public or community.
17B.02.130 Bulkhead .
17B .02 .135 Channel migration zone (CMZ).
17B .02.140 Conditional use .
17B .02 .145 Comprehensive master program update.
17B.02.150 Comprehensive plan .
17B.02.155 Critical areas .
17B.02.160 Critical aquifer recharge area (CARA).
17B .02 .165 Critical facility.
17B .02 .167 Cultural resources.
17B .02 .170 Dam.
17B .02 .175 Degradation .
17B .02 .180 Development.
17B .02 .185 Development regulations .
17B .02 .190 Ecological functions or shoreline functions .
17B .02.195 Ecological restoration .
17B .02 .200 Ecologically intact shorelines.
17B .02 .205 Ecosystem-wide processes.
17B .02 .210 Enhancement.
17B .02 .215 Environmental designation.
17B .02 .220 Exempt.
17B .02 .225 Fair market value .
17B .02.230 Feasible.
17B .02 .235 Feedlot.
17B .02.240 Fill.
17B.02 .245 Fish and wildlife habitat conservation area.
17B.02.250 Floodplain.
17B .02 .255 Floodway.
17B .02 .260 Frequently flooded areas .
17B .02 .265 Geotechnical analysis or geotechnical report.
17B .02 .270 Grading.
17B .02 .275 Groundwater.
17B.02 .280 Height.
17B.02 .285 High intensity agricultural activities.
17B.02.287 Historic resources .
17B .02 .290 Hobby farm .
17B.02.295 Hyporheic zone .
17B.02.300 In-stream structure.
17B .02.305 Lake .
17B .02.310 Limited master program amendment.
17B .02.315 Local government.
17B .02.320 Marine.
17B .02.325 Master program or Shoreline master program or Program.
17B.02.330 May.
17B .02.335 Mineral prospecting .
17B .02.340 Mining .
17B .02.345 Must.
17B.02.350 Natural or existing topography.
17B .02.355 Nonconforming structure.
17B .02.360 Nonconforming use .
17B .02.365 Non-water-oriented uses.
17B .02.370 Ordinary high water mark (OHWM)
17B .02.375 Permit.
17B .02.380 Priority habitat.
17B .02.385 Priority species.
17B .02.387 Professional archaeologist.
17B .02.390 Program .
17B .02.392 Project area .
17B .02 .3 95 Provisions .
17B .02.4 00 Public interest.
17B .02.405 Qualified professional.
17B .02.410 Rehabilitation .
17B .02.415 Restore, restoration, or ecological restoration.
17B .02.420 Riverine erosion hazard areas .
17B .02.425 Setback.
17B .02.430 Shall.
17B.02 .4 35 Shorelands or shoreland areas .
17B .02.440 Shoreline areas and shoreline jurisdiction .
17B .02.445 Shoreline functions .
17B .02.450 Shoreline master program .
17B .02.455 Shoreline modifications .
17B .02.460 Shorelines .
17B .02.465 Shorelines of statewide significance.
17B .02.470 Shorelines of the state.
17B .02.475 Should .
17B .02.480 Significant vegetation removal.
17B .02.485 State master program .
17B.02.490 Structure.
17B .02.495 Structure, in-stream.
17B .02.500 Substantial development.
17B .02.505 Transmit.
17B .02.510 Type F water.
17B .02.515 Type Np water.
17B .02.520 Type Ns water.
17B .02.525 Type S water.
17B .02.530 Water-dependent use .
17B .02.535 Water-enjoyment use .
17B .02.540 Water-oriented use.
17B.02.545 Water quality.
17B .02 .550 Water-related use.
17B .02.555 Water system.
17B .02.560 Wetland creation .
17B .02.565 Wetland restoration.
17B .02.570 Wetlands .
17B .02.575 Variance .
17B .02.580 Vessel.
17B.02.585 Acronym list.
17B.02.101 Archaeological object.
"Archaeological object" means an object that comprises the physical evidence of an indigenous and
subseguent culture. including material remains of past human life. including monuments. symbols.
tools. facilit ies. and technological by-products.
17B.02.102 Archaeological site .
"Archaeological site" means a geographic locality that contains archaeological objects.
17B.02.103 Archaeological survey.
"Archaeological survey" means a formal archaeological study completed by a professional
archaeologist that conforms to. and is reported consistent with. DAHP's then-current archaeological
survey and reporting standards: and which at a minimum includes background research and a field
investigation that includes appropriate sub -surface methodology.
17B.02.167 Cultural resources.
"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 .
17B.02.287 Historic resources.
"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 .
17B.02.387 Professional archaeologist
"Professional archaeologist" means an archaeologist who meets the reguirements 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.
17B.02.392 Project area.
"Project area" means any and all areas that may be affected by a project's construction and
operation . Both temporary and permanent effects must be considered .
17B.03.070 Historical/cultural element.
Pursuant to RCW 36.70A.480 , the historical/cultural element goals and objectives of the 2016 Kittitas
County Shoreline Master Program and the 2019 Shoreline Master Program amendments shall be
considered part of the Kittitas County Comprehensive Plan . (Ord . 2016 -006, 2016)
17B.05.010 Archaeological Cultural, archaeological and historical resources.
The following provisions policies and regulations apply to cultural, archaeological, and historical
historic resources that are either (a) listed on the nat ional, st ate, or local registers of historic places;
.(hl_recorded a-t-.Qy,..the Washington State Department of Archeology and Historic Preservation aR€l/ef
by local jurisdictions(DAHP), a Native American tribe, and/-o r have been a 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 reguire disclosure.
A Policies. Pursuant to RCW 36 .70A.480, the archaeological and historical resources policies of the
2016 Kittitas County Shoreline Master Program and the 2019 Shoreline Master Program
amendments shall be considered as policies of the Kittitas County Comprehensive Plan.
B. Regulations .
1. Proiect Ap_proval 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 (8)(1).
a. Excep_tions. No cultural resources review or survey shall be required under this Section
5.1 (BH1) 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.HB)(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 the 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. exemption, or
other approval where the proposed project is not excepted under Section 5.1<BH1)(a)
above, and one or more of the following conditions exist:
i. The project area is located within one guarter (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 tribe timely comments through the above
cultural resources review process (or concurrent permitting or environmental
review process, if applicable}, and reguests 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
guarter (1/4} mile from the project area:
• Previous positive archaeological survey results from a survey on the
property or within one guarter (1/4} mile from the project area: or
• A tribally-recorded site located within one guarter (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 reguest 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
depos itional 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. 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 their 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(8)(1}(a}.
e. Monitoring Alternative. Despite the reguirements of Section 5.1 (8)(1 }(c), above, an
archaeological survey shall not be reguired 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.
2.
3.
tt7f . Proiect 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.
Inadvertent Discoveries. Developers and property owners shall immediately stop work and
notify the local government, the Washington £tate Department of Archeology and l=listoric
PreservationDAHP. and affected -ioo+a-R-Native American tribes if archaeological resources are
unco•.«ered during e:>Eca¥ationdiscovered . 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 permit permits. exemptions. and other project approval
documents.
Prior to issuance of a permit in areas documented to containResource Management. If
significant cultural -BFL archaeologica l. or historic resources , a cultural resources site inspection
or e,_ialuation by are identified in the project area. the project proponent shall engage a
professional archaeologist shall be required in coordination with affected Indian tribes .If a
cultural resource site inspection or e,_ialuation 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 professiona l. 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
requirements requirement administered by the Washington £tate Department of
Archaeology and l=listoric PreservationDAHP pursuant to RCW 27 .44 and RCW 27.53 may
apply.