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HomeMy WebLinkAbout2002 06 24 Regular G Protection of Archeological Sites COMMISSION AGENDA ITEM G Consent Information Public Hearing Regular X June 24. 2002 Meeting MGR. ~ lDe-etti- REQUEST: The Community Development Department requests the City Commission consider information about protection of archeological sites within the City. PURPOSE: The purpose of this agenda item is to consider existing and proposed procedures in the identification of archeological sites as they relate to the development review process. APPLICABLE LAW AND PUBLIC POLICY: Florida Statutes. Chapter 267. Section 267.11 The Division of Historic Resources may publicly designate an archeological site of significance.. ... or grouping of significant archeological sites as a "State Archeological Landmark Zone" ..... No site may be so designated without the express written consent of the private owner thereof. Florida Statutes. Chaoter 267. Section 267.13 Any person who, by means other than excavation, either conducts archeological field investigation on, or removes or attempts to remove, or defaces, destroys or otherwise alters any archeological site ..... the Division may institute an administrative proceeding to impose an administrative fine of not more than $500 per day..... 1 June 24, 2002 Regular Item G Page 2 CHRONOLOGY: On May 13,2002, the City Commission approved the current Comprehensive Plan amendrnents for transmittal to DCA. On May 24, 2002, the City transmitted the Comprehensive Plan amendments to the state. CONSIDERATIONS: · The recently adopted Future Land Use Elernent Objective 1.9 states: Obiective 1.9: Historical and Archeological Sites. The City shall identify, designate and protect historically significant housing and significant archeological sites. Policy 1.9.1: Policy 1.9.2: Policy 1.9.3: The City will protect and preserve its historic sites and properties, buildings, artifacts, and objects of antiquity which have scientific or historic value, or are of interest to the public. Development shall be prohibited which alters or damages any site or building determined to be either historically or archaeologically significant, as designated on the state's register of historically significant property. The City may adopt standards in addition to those of the State. By 2004, the City shall prepare a study of historic and archeological sites. If any are identified, the City shall maintain an electronic database that identifies the location of potential archeological and historic sites and review all future development and redeveloprnent to prevent any negative impact to theses sites. · The Serninole County Comprehensive Plan does not provide clear direction on the requirements for archeological surveys. · The "Cultural Resources Study of Seminole County Florida: Archeological Volume I" states: (b) If an archaeological site or individual artifacts are discovered during site preparation or construction, all activity within a radius of twenty feet (20') of the site of the discovery shall immediately be suspended and remain suspended for a period of one hundred twenty (120) days from the date such finding is reported in writing to the 2 June 24, 2002 Regular Item G Page 3 Florida'Division of Historical Resources, Bureau of Historic Preservation, Compliance Review Section by the applicant/owner/developer. The Seminole County Building Official shall be notified at the same time. Notification shall include an area site rnap which marks the final development area and includes areas to be disturbed during the construction process. The applicant/owner/developer shall comply with the course of action, including mitigation, requested by the Division in accordance with law. (PartVIII, 82, Ordinance No. 92-5, 3-30-92) FINDINGS: The State Division of Historic Resources compares projects to a map of recorded sites and may require a study. The Comprehensive Plan has been amended to address protection of archaeological sites. IMPLEMENTATION SCHEDULE: . The revised Comprehensive Plan was transmitted in May 2002. · The Comprehensive Plan states that by 2004, the City shall prepare a study of historic and archaeological sites and then maintain an electronic data-base for use in the review of development and re-development sites. RECOMMENDATION: Staff recommends that the City implement the transmitted Cornprehensive Plan objective and policies to ensure protection of archaeological resources within the City. ATTACHMENTS: A Florida Statutes, Chapter 267, sections 267.11 through 267.14. B. Vision 2020, Comprehensive Plan, Seminole County, Florida, Objective .DES.7 C. Information provided by Florida Division of Historic Resources. COMMISSION ACTION: 3 ATTACHMENT A .. W Tr~st; I state.,. - operat, I '" .., . .~. . pm the itS, a Florida _ -iteria: !Iate directly,., l1useum has :. lie to receive' IStS which is": 19 to the hi~~'i~ y, and must immediately', n applies for mber or the ,sibility is to objects that elm. ~ trust fund vided by the ;ribing cate, criteria and of applica' the adminis- Jirements of Jrtunities for Nho, due to , are knowl- , 'ation of his' : Jblic educa' >nsider their ng the appli~ ' y of State to.. list of sutn': Ie SecretafY ':; I Florida hiSt''::, pproved by~. or contribu-:l ted into the' I revenue to.' , )ranted tO,a' lriated from, may not be lng, evaluat lng, rehabili, eological ,o~ lOing of any~ :(1 F.S. 1995 HISTORICAL RESOURCES Ch. 267 II i I I j I I I I ~ (e) The division may grant moneys quarterly from the trust fund to history museums in advance of an exhibit or program for which the moneys are granted. HiSlory.-SS, 2, 3, 4. eh, 80-159. s, 7, eh, 81-173, s, 2, eh, 83-243, s, 51, ell, :3Q-163: s, 5. eh, 89"359; s, 1, eh, 90-115; s, 4, eh, 95-235, 267.081 Publications.-It is the duty of the division to:( 1) Prornote and encourage the writing of Florida his- tory, (2) Collect, edit. publish, and print pamphlets, papers, manuscripts, documents, books, monographs, and other materials relating to Florida history. The divi- sion may establish a reasonable charge for such pub Ii, cations. (3) Cooperate with and coordinate research and publication activiti~s of other ~gencies, orga~izations, historical commiSSions and soclelles, corporations, and individuals, which relate to historical matters. Hislory.-S, 8, eh, 67-50: SS. 10,35, eh, 69-106; s, 8, eh, 81-173: s, 53, eh, 86-163, 267.11 Designation of archaeological sites.- The division may publicly designate an archaeological site of significance to the scientific study or public representa- tion of the state's historical, prehistoric, or aboriginal past as a 'state archaeological landmark." In addition, the division may publicly designate an interrelated grouping qf significant archaeological sites as a 'state archaeological landmark zone," However, no site or grouping of sites shall be so designated without the express written consent of the private owner thereof. Upon designation of an archaeological site, the owners and occupants of each designated state archaeological landmark or landmark zone shall be given written notifi- cation of such designation by the division. Once so des- ignated, no person may conduct field investigation activities without first securing a permit from the divi- sion. Hislory.-s. 1, eh, 73-166; s, 55. eh, 86-163, 267.12 Research permits; procedure.-"- (1) The division may issue permits for excavation and surface reconnaissance on state lands or lands within the boundaries of designated state archaeologi- cal landmarks or landmark zones to institutions which the division shall deem to be properly qualified to con- duct such activity, subject to such rules and regulations as the division may prescribe, provided such activity is undertaken by reputable museums, universities. col- leges, or other historical. scientific, or educational insti- tutions or societies that possess or will secure the archaeological expertise for the performance of system- atic archaeological field research, comprehensive analy- sis, and interpretation in the form of publishable reports and rnonographs, such reports to be submitted to the division. (2) Those'state institutions considered by the divi- sion permanently to possess the required archaeologi- cal expertise to conduct the archaeological activities allowed under the provisions of the permit may be desig- nated as accredited institutions which will be allowed to conduct archaeological field activities on state-owned or controlled lands or within the boundaries of any desig- nated state archaeological landmark or any landmark zone without obtaining an individual permit for each proj- ect, except that those accredited institutions will be required to give prior written notice of all anticipated archaeological field activities on state-owned or con. trolled lands or within the boundaries of any designated state archaeological landmark or landmark zone to the division, together with such information as may reason- ably be required by the division to ensure the proper preservation, protection, and excavation of the archaeo, logical resources. However. no archaeological activity may be commenced by the accredited institution until the division has determined that the planned project will be in conformity with the guidelines, regulations, and criteria adopted pursuant to' ss, 267.11-267,14, Such determination will be made by the division and notifica- tion to the institution given within a period of 15 days from the time of receipt of the prior notification by the division. (3) All specimens collected under a permit issued by the division or under the procedures adopted for accred- ited institutions shall belong to the state with the title thereto vested in the division for the purpose of adminis- tration and protection, The division may arrange for the disposition of the specimens so collected by accredited state institutions at those institutions and for the tempo- rary or permanent loan of such specimens at permitholding institutions for the purpose of further sci- entific study, interpretative displays, and curatorial responsibilities, Hislory.-s, 1, ch. 73-166; s. 56, eh, 86-163. ;i :1 !i II II l' 267.13 Prohibited practices; penalties.- (1 )(a) Any person who by means other than excava- tion either conducts archaeological field investigations on, or removes or attempts to remove, or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except in the course of activities pursued under the authority of a per, mit or under procedures relating to accredited institu- tions granted by the division, commits a misdemeanor of the first degree. punishable as provided in s. 775.082 or s. 775.083, and, in addition, shall forfeit to the state all specirnens, objects, and materials collected, together with all photographs and records relating to such mate- rial. (b) Any person who by means of excavation either conducts archaeological field investigations on, or removes or attempts to remove. or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, any land owned or controlled by the state or within the boundaries of a designated state archaeo. logical landmark or landmark zone, except in the course of activities pursued under the authority of a permit or under procedures relating to accredited institutions granted by the division, commits a felony of the third degree, punishable as provided in s, 775.082, s. 775.083, or s. 775.084, and any vehicle or equipment of any person used in connection with the violation is sub- ject to forfeiture to the state if it is determined by any court of law that the vehicle or equipment was involved in the violation. Such person shall forfeit to the state all I, /: 435 ( . ( ....n.267 HISTORICAL RESOURCES ;, r specimens, objects, and materials collected or exca- vated, together with all photographs and records relat- ing to such material. The court may also order the defendant to make restitution to the state for damage and the cost of restoring the affected resource as pro- vided in s. 775.089, (c) Any person who offers for sale or exchange any object with knowledge that it has previously been col- lected or excavated in violation of any of the terms of ss. 267.11-267,14, or who procures, counsels, solicits, or employs any other person to violate any prohibition con- tained in ss. 267.11-267.14 or to sell. purchase. exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource excavated or removed from any land owned or controlled by the state or within the boundaries of a designated state archaeo, logical landmark or landmark zone, except with the express consent of the division, cornmits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s, 775,084, and any vehicle or equipment of any person used in connection with the violation is sub, ject to forfeiture to the state if it is determined by any court of law that such vehicle or equipment was involved in the violation, All specimens, objects, and rnaterial col, lected or excavated, together with all photographs and records relating to such material, shall be forfeited to the state. The court may also order the defendant to make restitution to the state for damage and the cost of restor, ing the affected resource as provided in s, 775.089. (2)(a) The division may institute an administrative proceeding to impose an administrative fine of not more than $500 a day on any person or business organization that, without written permission of the division. explores for, salvages, or excavates treasure trove, artifacts, sunken or abandoned ships, or other objects having his- torical or archaeological value located on state-owned or state-controlled lands,jncluding state sovereignty submerged lands. (b) The division shall institute an administrative pro- ceeding by serving written notice of a violation by certi, fied mail upon the alleged violator. The notice shall spec- ify the law or rule allegedly violated and the facts upon which the allegation is based. The notice shall also spec, ify the amount of the administrative fine sought by the division. The fine shall not become due until after service of notice and an administrative hearing, However, the alleged violator shall have 20 days from service of notice to request an administrative hearing. Failure to respond within that time shall constitute a waiver, and the fine shall become due without a hearing. ,,' (c) The division may enter its judgrnent for the amount of the administrative penalty imposed in a court of competent jurisdiction, pursuant to s. 120.69. The judgment rnay be enforced as any other judgment. (d) The division may apply to a court of competent jurisdiction for injunctive relief against any person or business organization that explores for, salvages. or excavates treasure trove, artifacts, sunken or aban, doned ships, or other objects having historical or archaeological value located on state-owned or state- controlled land, including state sovereignty submerged land, without the written permission of the division. (3) Any person who: (a) Reproduces, retouches, reworks, or forges archaeological or historical object originating fro ' archaeological site as designated by ss, 267.11-26 and deriving its principal value from its antiquit makes any such object, whether a copy or not; or' (b) Falsely labels, describes, identifies, or offers: sale or exchange any object with intent to represent;' same to be an original and genuine archaeologica historical specimen, . cornmits a misdemeanor of the first degree, punfs' as provided in s, 775,082 or s.775.083. "..; History.-s, " eh, 73-166: s, 9, ell. 81-173: s, 1, eh, 93-114, 267.14 Legislative intent.-Itis the ~eclared i tion of the Legislature that field investigation actf' on privately owned lands should be discouraged ex in accordance with both the provisions and spirit"" 267.11-267.14; and persons having knowledge 70 location of archaeological sites are encouraged to : municate such information to the division, History.-s, ,1. eh. 73-166: s, 57, eh, 86--163, .l ,'~ I ~'~~:J 267.16 Florida Folklife Programs.-It is th(~:h, and responsibility of the division to:.( (1) Identify, research, interpret, and present'F folk arts, artists, performers, folklore, traditio'n'~ toms, and cultural heritage and make folk .C' resources and folklife projects available throug~," state. The division shall compile, edit, publish, a:h' directories. books, articles, pamphlets, and otherJ materials .to disseminate information about folk)';' resources. The division may sponsor conferences';~ shops. festivals, lectures, and exhibitions on '.F) folklife and promote the folk cultural resources', state. . ,.; (2) Adopt rules necessary to carry out its duti responsibilities with respect to such programs; into contracts and agreements with other ag organizations, associations, corporations, indivld , federal agencies necessary to carry out its duti" seek. and accept gifts, grants, bequests,loan endowments for purposes consistent with its ,ie' bilities. 'h:) (3) Use the facilities at the Stephen FO,ste: Folk Culture Center as the primary location of theX Florida Folk Festival. " df' (4) Maintain the Florida Folklife Archives' top,';, and administer any materials, including. but,notlli to, documents. recordings, photographs; publiqa I and notes, pertaining to folklife according to aPI?[ archival practices and to permit such materials;I;~ sonable times and under the supervision of:thElifr 0 Folklife Programs, to be inspected, examined, ,f ied. Any materials placed in the keeping of or C. by the Florida Folklife Programs under speciaLt conditions restricting their use shall be made ac' in accordance with such terms and conditions"a,. be confidential and exempt from the provision." 119.07(1) to the extent necessary to meet sdc.' and conditions. This exemption is subject to th' Government Sunset Review Act in accordance;,wl 119.14. (, s r: b P IE n n m; It!. as ne I ( loci 90< I Pl.t an<: 2 ~ rese (t 1St ~ vatic ltaQl avail 436 ATTACHMENT B Aesthetics - The public sector can lead the movement to improve community appearance, Public buildings, including schools, can be designed and landscaped as community amenities that will last for decades. Public spaces such as parks and streets can also have a positive effect. The visual impact of public buildings and spaces can inspire or discourage citizens about the character of their community. The design and location of public buildings as community strengthening assets has been recognized. The presence of a well-designed post office or library is a strong factor in promoting the essence of community. Over the next twenty years, many public buildings and spaces will be built The service and aesthetic power of these buildings and spaces can be leveraged to improve the community's visual quality and livability. Issue DES 6 Preservation and Enhancement of the Designated Rural Area The preservation and enhancement of the designated Rural Area, with special emphasis of conservation lands, is critical to the success of the total community. The natural lands, the agricultural lands and the rural homesteads are important elements of Seminole County that continue to warrant public protection and enhancement The East Area Study for the rural area of east Seminole County was adopted by the County Commission in 1994, The principle idea is that the rural area is not a holding zone for future urban development. It is intended to be a long term rural area that has rural residential dwellings, villages at Geneva and Chuluota, agricultural lands and, most importantly, natural lands and systems that are the focus of extensive preservation efforts by County, regional and state agencies. The encroachment of urban lands into the rural area is a situation that requires constant vigilance. The absence of any urban infrastructure, the presence of outstanding natural systems that need' preservation; .established, viable agricultu ral uses a_nd,the well 'established " rural lifestyle of the area dictate the continued rural character of East Seminole County. Issue DES 7 Increasing Need to Preserve and Appreciate Historic, Archeological and Natural Resources Seminole County's history includes habitation by previous civilizations, as well as, modern history, which began when Florida became a state in 1845. The Seminole County Historic Commission has programs to preserve and present historic information and the State of Florida has programs that also contain historic and archeological information about Seminole County. In places such as Seminole County that have experienced rapid urbanization over the past three decades, preservation and appreciation of the past is important. Local and state programs can increase public awareness of local history and participate in preservation of significant resources. ~ ( OBJECfIVE DES 7 INCREASE PUBLIC APPRECIATION AND ENJOYMENT OF THE COUNTY'S HISTORIC, ARCHEOLOGICAL AND NATURAL RESOURCES Policy DES 7.1 Policy DES 7.2 Policy 0 ES 7.3 Policy DES 7.4 Policy DES 7.5 Policy DES 7.6 The County shall preserve and enhance significant historic and natural resources and promote public awareness of the County's heritage and historic resources. HistoridArcheological Site Surveys The County, by 2002, shall pursue programs to update the listing of county sites. Historic Register The County shall direct the Seminole County Historical Commission to continue to provide a historic register to identify significant architectural and historic resources including at a minimum: . Historic buildings · Historic logging operations . Indian mounds and middens . Unique botanical areas Promoting Public Awareness The County shall provide brochures and appropriate signage, landscaping and access to historic sites to promote public awareness and use. Promoting Environmental Studies The County shall continue to support the School Board Outdoor Recreation Program at the Spring Hammock Management Area to promote natural studies and environmental and historic awareness, Conservation and Parkland Master Plans The County shall ensure the preservation of, and where appropriate, provide accessibility to, significant historical sites on County owned and managed land through conservation and parkland master plans. Design Principles The preservation and enhancement-'of historic, archeological and natural resources are important in the design of the community. The design principles are: . Historic, archeological and natural resources should be documented and preserved. · Management plans should be completed for sites to facilitate their long-term viability and to determine the appropriate level of accessibility to the public. · Urban wetlands and natural lands are important as visual amenities, compliments to stormwater and open space systems, habitats for urban wildlife, temperature mediators, nutrient and particulate filters and green space. Urban wetlands should be preserved where practical in combination with compatible and complimentary uses, .. "JJ-" - , ".< '. - :~. .y' ~ ~..: . ," .; > ; .. - . ;'DES;25 .. "",^c_~ .~0~~~~ 'j" . '.'f.. ,<' /r , /)/, ';' \ I \ \ \ 11 I'. .~. / ,~;~~. -, .it 36 C.F.R., Pait 800 (Protection of Historic Properties), which implements Section 106 of the National Historic Preservation Act (Public Law 89-665), as amended. This uniform system ensures that the same information and 'agency response.can satisfy the historic preservation requirements of federal and state laws and regulatio~s, thus avoiding duplication of efforts. ' :' r 3.2. When Will the Division of Historical Resources ReView ~ Proiect? Not all projects are subject to review by the Division of Historical Resources (DHR) Under fed~ral'or 'shlte historic preservation laws and regulations. Rather, consultation with the DHR occurs when a project or undertaking might affect significant historic resources. The action might involve a direct physical effect, such as a development project, or an indirect effect, such as a planning or management document v:.hich:Will govern decisions on development or property management which might affect significant historic resources. " , , , Some of the more frequent examples of when a project will come under DHR's historic preservation compliance review program include activities which: '" involve a direct federal action (ss. 106 and 110 of NHP A); '" involve a federal grant, loan guarantee, license, or permit for activities affecting the environment . (s.106 ofNHPA); '" are undertaken or assisted by a state agency of the Executive Branch (s. 267.061(2), F.S.); '" involve one of Florida's designated historic highways (various special acts in Laws of Florida, see Appendices); , '" involve state owned lands or state owned sovereignty submerged lands (Chapters 253 and 267, F.S.); '" require a permit or license under Chapter 403, F.S.; . '" may be determined to be a Development of Regional Impact or a Florida Quality Development under ss. 380.06 or 380.061, F.S., respectively; or, '" involve a local historic preservation ordinance which includes project review by the Division of Historical Resources in its implementation (Chapters 125 and 163, F.S.). NOTE: Some counties and municipalities without historic preservation staff have requested and been granted Division assistance in local historic preservation compliance review matters. When in doubt, please contact J?ivision of Historical Resources/State Historic Preservation Officer compliliDce review staff for clarification at (904) 487-2333; FAX(904) 488-3353. . 3.3. Compliance Review Program Responsibilities and Consultation. Chapter 267, F.S., the Florida Historical Resources Act, establishes the Florida Department of State, Division of Historical Resources as Florida's primary historic preservation agency. The Division is divided into four functional units: the Bureau of Historic Preservation, the Bureau of Archaeological Research, the Florida Folklife Programs, and the Museum of Florida History. Only the fIrst two are involved in compliance review activities. The Bureau of Archaeological Research, among its other duties, (1) administers the Florida Master Site File, (2) administers the state's shipwreck salvage program, and (3) permits conduct of archaeological research on state-owned and -controlled lands and sovereignty submerged lands. The Bureau Chief is the State 16 year projects, the agency and the DHR/SHPO often prepare MOAs or PAs delineating procedures to be followed. Correspondence for activities coming under the provisions of such documents should cite them, and follow applicable Agreement stipulations. 3.7.1. Step 1. Determining Completeness of Proiect Document Submission. (DHR/SHPO action) Early planning is encouraged. When documents are received for review by the DHR/SHPO Compliance Review Section, they are first entered into the electronic project rue to start a record of project review status and activities. Requests for reviews to determine project impacts, if any, to historic resources are processed in the order in which they are received. Requests for review MUST be written and include 'a map accurately depicting the project location and its boundaries. Please provide applicable information indicated on the Applicant Submission Check-list, or that required by any applicable MOA or P A. If incomplete and/or insufficient information has been provided for review, additional information will be requested and the project review period WILL NOT BEGIN until the necessary information is received. The lead federal or state agency is notified of the problem. Environmental reviews generally are processed by . Compliance Review staff within 10-15 workdays of receipt of necessary information. However, most federal and state regulations allow up to 30 days from the date of receipt of complete and sufficient project information for project reviews. Written responses must be prepared within this period, unless an exception is granted by the consulting parties for a longer or shorter review period. 3.7.2. Step 2. Processing Preliminar:v Proiect Submissions. (DHR/SHPO action) Once a project has been recorded and the review information determined to be complete and sufficient, Compliance Review staff research various sources to determine whether the nature or location of project activities are such that prehistoric or historic archaeological sites or structures may be affected. If the answer is NO, then correspondence is prepared stating the agency's opinion that historic resources are unlikely to be affected by proposed project activities. Upon receipt of such notification the project may proceed without further DHR/SHPO involvement, unless (1) unexpected, potentially significant historic resources are discovered, or (2) the project location or scope is changed. If the answer is YES, then Compliance Review staff review data in the Florida Master Site File (1) to determine if any sites or structures are known to occur on or near the subject property, (2) to determine whether any previous historic resource surveys have occurred on or near the property, and (3) to assess from that information the likelihood of presently unrecorded, potentially significant historic resources occurring within the project impact area. If ,previous site assessment survey work has occurred, the result and its reliability in terms of current historic resource data and survey lIlethodology are evaluated: ~ppropriate local I government comprehensive plans, regional policy plans, and state and federal land management plans also will be consulted, as needed. Finally, since project applicants sometimes fail to provide such information, staff determine whether the proposed undertaking involves compliance with the terms of any applicable Memorandum of Agreement (MOA) or Programmatic Agreement (PA) , or is included in activities "categorically excluded" from DHR/SHPO review. A determination of the expected occurrence of historic resources involves a review of the known site distribution within the surrounding area, the results of previous survey efforts, staff experience, and consultation with others familiar with an area's historic resources. The process involves identifying the physiographic and other parameters in which known sites are located, and then determining whether similar conditions exist or once existed within the project boundaries. This establishes the basis for determining the likelihood of prehistoric and historic archaeological site occurrence on the tract. It also notes the presence of any older structures and features identified on agency reference maps, or observed by those knowledgeable about the ~ I I , I i ! , 17 . historic resources in the project area. From this information (1) an assessment is made of the kind and character of historic resources, if any, which might be present within a project area and (2) the type of field methodology considered appropriate to identify and evaluate any such resources is determined. Local governments increasingly have become involved in historic preservation matters by hiring qualified staff and establishing local review processes which parallel federal and state procedures and standards., In the future, Programmat~c Ag'reements unplementing. counterpart regulations developed under 36 C.F.R. 800.7 will be entered into with many local governments. Under such agreements, much of the preliminary project historic resource' impact evaluation process eventually may be undertaken by local governments acting as the DHRjSHPO's representative, thus strengthening the cooperative role between the DHR/SHPO and local goveinments, and providing them with the means of expediting the historic preservation review of certain categories of projects. 3.7.2.1. No Effect Determination: Proiect Proceeds Without Further DHR/SHPO Review. The DHR/SHPO usually will issue an opinion'that a project will have "no effect" on or is unlike,ly to affect National Register or National Register eligible ("significant") historic resources, IF: · the nature of proposed project activities is such that it will not affect historic resources or the qualities which would make such resources eligible for listing in the National Register; or, · the potential for site occurrence is low or non-existent based on the absence of sites in similar environments which have been investigated at a level considered appropriate to identify and evaluate any sites which might have occurred in such locales; or, · there is documentation of prior (non-project or project applicant initiated or permitted) extensive ground disturbing activities that may have severely altered or destroyed the integrity of any sites present within the identified area. (NOTE: If there is evidence that the project applicant initiated or permitted actions which would disturb or destroy the integrity of any site known or expected to occur on a property, a site assessment survey may be recommended to evaluate the degree of site disturbance/destruction and to determine what portions of any (potentially) significant sites remain and merit preservation or mitigation of further adverse project impacts through archaeological salvage excavation); or, · the area previously was surveyed for historic resources at a level determined to be complete and sufficient in terms of current historic resource data, and identified sites have been determined NOT to be significant; or, · the project has been planned to avoid adverse impacts to and protect and preserve identified NationaI Register listed or National Register eligible sites, or locales deemed likely to .contain such resourceS. (Also see 3.7.4.2. (Potentiallv) Significant Sites Identified: Conditional No . Adverse Effect Determination). ' Upon receipt of the DHR/SHPO's written "no effect" response, the project (or identified portion of the project) may proceed without further DHR/SHPO review, unless (1) the project boundaries or scope are changed, or (2) unexpected significant historic resources are discovered. The review results are recorded and the review document ftIed. 3.7.2.2. When Site Assessment Surveys Are Recommended. Site assessment surveys are recommended only when historic resources are known to occur on a property and/or when there is reason to expect that presently unrecorded resources may be present. However, the reason for such recommendations may be unclear to project applicants who, for instance, may believe that past land use destroyed whatever sites were present. 18 Until recently agricultural practices and building construction techniques primarily affected only the upper 8"- 12" '(20-30cm) of soil, leaving more deeply buried archaeological site remains in a relatively undisturbed condition. In most earlier historic structure studies the associated subsurface archaeological resources were not considered. Likewise, in many early archaeological surveys, historic structures were not noted. Further, many previous historic structure studies were NOT comprehensive nor complete, having failed to identify structures and features which today would be considered eligible for listing in the National Register. Likewise, many areas investigated and determined not to contain significant sites, under previously acceptable archaeological field methodology (such as no or limited subsurface testing), are now believed to have been assessed inadequately based on the identification of significant sites in similar areas subjected to current survey standards. In addition, environments and locales previously evaluated by DHR/SHPO staff and others as uniikely to contain potentially significant unrecorded sites based on then accepted negative survey results for similar nearby locales, based on current data may be reevaluated and site assessment survey recommended. Finally, sites and structures evaluated as not significant prior to 1980 may merit reconsideration in light of more current data. This is particularly true of structures dating from 1930-1940 which at that time may not have been considered old enough to merit evaluation. . The DHR/SHPO will recommend that a project applicant have a site assessment survey conducted by a professionally capable agency or individual when there is reason to believe that project activities may affect significant historic resources. The survey purpose is to locate and assess the significance of any hiStoric re~ources within a tract known or deemed likely to contain such sites. They are recommended when: ,.. there is a moderate to high likelihood of presently unrecorded significant historic resources occurring within a tract, and/or ,.. there are known sites on the property which have not been assessed to determine their significance or for which there is outdated site assessment data (such that an opinion of significance based on such information may be in error). Please note that except for some State-owned or -controlled upland and submerged lands under Chapter 267, F.S., jurisdiction, DHR/SHPO staff generally do not perform site assessment survey work. That restriction avoids the issue of conflict of interest, as DHR/SHPO Compliance Review staff review the completeness and sufficiency of survey work. It also avoids public competition with the private sector, which has many professionals capable of performing the work. 3.7.3. Step 3. Conducting Site Assessment Surveys. (Agency action with professionai assistance) The purpose of site assessment surveys is to provide data for the DHR/SHPO and other agencies to determine whether a proposed project may affect significant historic resources, They also provide a basis for evaluating measures to avoid, minimize or mitigate any adverse project impacts to such resources and to enhance any beneficial effects. When site assessment survey is recommended, the DHR/SHPO response often will be accompanied by a map of the project tract designating areas of particular concern based on known and expected archaeological site distribution and possible historic structures and related features, such as mills, quarries, and wharves or landings. The designation of such locales, based on available information, is to aid in project planning and budgeting and should not be interpreted as representing all likely site locales or historic structures and related features. Failure of DHR/SHPO staff to designate a historic structure and related features or an area of archaeological concern on a project map shall not be construed to preclude tbe field investigator from investigating such omitted areas which in her/his evaluation are likely to contain significant sites. Indeed, it is expected (1) that the archaeologist will include a random or discretionary sample of the remaining property .area to ensure that archaeological site location data are valid, and (2) that the historian/architectural historian will investigate all involved historic structures and related features.