Current through Register Vol. 24-06, March 15, 2024
(1) Each application for an archaeological
site alteration and excavation permit shall include:
(a) An archaeological site alteration and
excavation permit application coversheet;
(b) Sufficient background information and
summary of previous field investigation, research and data gaps about the
site(s) proposed for excavation such that the reviewers have a comprehensive
understanding of the site(s) and current research questions to be able to
review the proposal as a complete document;
(c) The nature and extent of the work
proposed, including how and why it is proposed to be conducted and the methods
proposed for excavation and recovery, number and placement of excavation units,
proposed excavation volumes, proposed time of performance, locational maps, and
a completed site inventory form;
(d) Summary of the environmental setting and
depositional context, with an emphasis on vegetation, past and present
available natural resources, geomorphology and formation processes, and their
relationship to the archaeological deposits;
(e) An artifact inventory plan detailing the
character of the expected data categories to be recovered including the
proposed methods of inventorying the recovered data and proposed methods of
cleaning, stabilizing, and curating of specimens and recovered data consistent
with the Secretary of the Interior's standards for archaeological curation in
36 C.F.R. Part 79;
(f) If human
remains are proposed for recovery, a plan for their removal and disposition
must be provided; if human remains are not proposed for recovery, a plan for
responding to the inadvertent discovery of human remains must be
provided;
(g) A professional,
scientific research design, including research questions, demonstrating that
the work and reporting will be performed in a scientific and technically
acceptable manner utilizing methods and techniques designed to address current
scientific research questions and cultural resource management plans;
(h) The name and address of the individual(s)
proposed to be responsible for conducting the work, institutional affiliation,
if any, and evidence of education, training, and experience in accord with the
minimal qualifications listed in this chapter;
(i) The name and address of the individual(s)
proposed to be responsible for carrying out the terms and conditions of the
permit, if different from the individual(s) enumerated under (g) of this
subsection;
(j) Financial evidence
of the applicant's ability to initiate, conduct, and complete the proposed
work, including evidence of logistical support and laboratory facilities and
evidence of financial support for analysis and report writing;
(k) A plan for site restoration following
excavation activities and evidence of plans to secure bonding to cover the cost
of site restoration;
(l) Evidence of
an agreement for the proposed work from the owner, agency, or political
subdivision with management responsibility over the land;
(m) A site security plan to assure the
protection of the site and its contents during the public permit review and
excavation process;
(n) A public
participation plan detailing the extent of public involvement and dissemination
of project results to the public, as appropriate. Examples of appropriate
public dissemination can include, but not be limited to: Archaeology
Month lectures, slide shows, anthropological conferences, school
presentations, newspaper articles, if warranted;
(o) A completed environmental checklist as
required by WAC 197-11-100 to assist the department in making a threshold
determination and to initiate SEPA compliance;
(p) Evidence of abandonment: Abandonment will
be presumed where the applicant presents information that thirty or more years
have elapsed since the loss of the resource. If it appears to the department
from any source that the resource has not been abandoned or may not have been
abandoned, and in the case of all United States government warships, aircraft,
or other public vessels, the department will find that the presumption does not
arise and will require proof of abandonment. Proof may be satisfied by
submission of a statement of abandonment from the owner, his or her successors,
assigns or legal representatives, or through final adjudication by a court of
law;
(q) Disclosure by the
applicant of any previous violation of this chapter or any federal or state law
regulating archaeological objects or sites, historic archaeological resources,
glyptic or painted records, or native Indian cairns or graves. The applicant
shall disclose any such violation by the applicant, by the individual(s)
proposed to be responsible for conducting the work, or by the individual(s)
proposed to be responsible for carrying out the terms and conditions of the
permit, and shall provide details, dates, and circumstances of each violation;
and
(r) Disclosure by the
applicant of outstanding archaeological excavation permits issued by the
department to the applicant.
(2) Each application for an archaeological
monitoring permit shall include:
(a) An
archaeological monitoring permit application coversheet;
(b) Sufficient background information and
summary of previous field investigation and research about the site(s) proposed
for monitoring, such that the reviewers have a comprehensive understanding of
the site(s) to be able to review the proposal as a complete document;
(c) The nature and extent of the work
proposed, including how and why it is proposed to be conducted and the methods
proposed for monitoring, proposed time of performance, locational maps showing
archaeological and project construction elements and monitoring
areas;
(d) A protocol for immediate
steps to be taken on-site by the archaeological monitor should they find
archaeological resources or human skeletal remains and stating the authority of
the archaeologists to halt excavations or other activities that may endanger
archaeological resources or human skeletal remains. The protocol must state
that if archaeological resources are identified during archaeological
monitoring, measures to avoid, minimize and mitigate impacts, collect and
curate artifacts and records must be addressed through a permit amendment after
additional consultation with the DAHP and interested/affected tribes;
(e) The name and address of the professional
archaeologist(s) who will conduct the monitoring work;
(f) The name and address of the individual(s)
proposed to be responsible for carrying out the terms and conditions of the
permit, if different from the individual(s) enumerated under (e) of this
subsection; and
(g) A completed
site inventory form.
(3)
Where the application is for the excavation and/or removal of archaeological
resources on public lands, the name of the Washington university, museum,
repository or other scientific or educational institution meeting the Secretary
of the Interior's standards for archaeological curation in 36 C.F.R. Part 79,
in which the applicant proposes to store all collections, and copies of
records, data, photographs, and other documents derived from the proposed work
other than human skeletal remains and funerary objects. The applicant shall
submit written certification, signed by an authorized official of the
institution, of willingness to assume curatorial responsibility for the
collections, records, data, photographs and other documents and to safeguard,
preserve, and allow for the future scientific access to these materials as
property of the state.
(4) Where
the application is for the excavation and/or removal of archaeological
resources on private land, the name of the university, museum, repository, or
other scientific or educational institution in which the applicant proposes to
store copies of records, data, photographs, and other documents derived from
the proposed work and all collections in the event the landowner wishes to take
custody of the collection. The applicant shall submit written certification
from the landowner stating this intention. If the landowner does not wish to
take custody of the collection, the name of the university, museum, repository,
or other scientific or educational institution in which the collection will be
curated. The applicant shall submit written certification, signed by an
authorized official of the institution, of willingness to assume curatorial
responsibility for the collections, if applicable, and/or the records, data,
photographs, and other documents derived from the proposed work and to
safeguard, preserve, and allow for the future scientific access to these
materials.
(5) An applicant may
temporarily curate a collection identified in subsection (3) or (4) of this
section in a repository that meets the Secretary of the Interior's standards
for archaeological curation in 36 C.F.R. Part 79 until the appropriate Indian
tribe has available facilities meeting the Secretary of the Interior's
standards for archaeological curation in 36 C.F.R. Part 79 into which the
collection may be curated.
(6)
Where the application is for the excavation and/or removal of a historic
archaeological resource that is an historic aircraft, the name of the
Washington museum, historical society, nonprofit organization, or governmental
entity that proposes to assume curatorial responsibility for the resource. The
applicant shall submit written certification, signed by an authorized official
of the institution, of willingness to assume curatorial responsibility for the
resource and all associated records, data, photographs and other documents
derived from the proposed work and to safeguard, preserve, and allow for the
future scientific and public access to these materials.
(7) After review of the application, the
department may require additional information to properly evaluate the proposed
work and shall so inform the applicant. Field investigation or research may be
required of the applicant or conducted by the department at the applicant's
cost. A bond in an amount specified by the department may be required of the
applicant to ensure payment of the professional expenses incurred by the
department. Advance notice of any anticipated cost shall be given to the
applicant.
Statutory Authority: RCW 27.34.220, 27.53.140, 43.21C.120. 06-06-001, §
25-48-060, filed 2/15/06, effective 3/18/06. Statutory Authority: RCW 27.34.220 and 27.44.020. 90-01-091, §
25-48-060, filed 12/19/89, effective 1/19/90. Statutory Authority: RCW 27.53.030, 27.53.060, 27.53.080 and 1988 c 124 §§ 1, 3, 5, 6 and 7. 88-23-004 (Order 88-06), §
25-48-060, filed 11/4/88. Statutory Authority: RCW 27.34.220 and 27.44.020. 86-13-001 (Order 11), §
25-48-060, filed 6/5/86.