Appendix C. Inadvertent Discovery Plan (IDP)



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Specification Appendix D - Cultural Resources Inadvertent Discovery Plan (Excerpted from Cultural Resources Report dated 1/23/15) Appendix C. Inadvertent Discovery Plan (IDP) Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington 85

C1. Introduction Historical Research Associates, Inc. (HRA), was tasked by Hart Crowser on behalf of the Washington State Department of Ecology (Ecology) with preparing an Inadavertent Discovery Plan (IDP) for the cleanup efforts related to the former Everett Smelter (Project). The Project includes the removal of up to 2 feet (ft) of soil containing arsenic and lead across identified work areas in American Legion Memorial Park (northwest of the golf coarse) in Everett, Washington. In September 2014, Hart Crowser contracted with Historical Research Associates, Inc. (HRA), to conduct a cultural resource inventory of the Area of Impacts (AI), located in Township 29 North, Range 05 East, Section 8, Willamette Meridian, United States Geological Survey (USGS) Marysville quadrant. C1.1 Regulatory Context The Project is a part of Ecology s program of site cleanup efforts related to the former Everett Smelter and falls under the purview of Governor s Executive Order 05-05 (EO 05-05) because the Project is funded with State Capitol Funds. In compliance with EO 05-05, Ecology consulted with the Department of Archaeology and Historic Preservation (DAHP) and learned of the presence of a previously recorded archaeological site, 45SN61, in the immediate vicinity of the Project. Due to the presence of the site, DAHP recommended that an archaeological survey be conducted (Whitlam 2014). This report documents the results of the survey. C1.2 Area of Impacts The work in the AI involves the removal of contaminated soils across the accessible work areas, which does not include the golf course, in American Legion Memorial Park in Everett (Figures C1-1 and C1-2). Excavation depths will range from 6 inches (in) to 2 ft, based on remediation efforts needed determined by soil testing. Inaccessible contaminated soils, contained beneath existing permanent structures, pavement, and large tree roots/landscaping, will not be impacted by the Project. The AI is located on tax parcels 29050800200300 and 29050800300100, both owned by the City of Everett. In total, the AI covers approximately 8.6 acres, which includes the Evergreen Arboretum and Gardens. Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington 87

Figure C1-1. Location of the AI and vicinity. 88 Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington

Figure C1-2. Location of the AI on an aerial photograph. Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington 89

C2. Procedures for the Inadvertent Discovery of Buried Cultural Materials In the event that archaeological deposits are inadvertently discovered during soil removal in any portion of the AI, ground-disturbing activities in the vicinity of the find should be halted immediately, and Ecology should be notified. Ecology would then contact DAHP and the interested Tribes, as appropriate. The area of work stoppage will be large enough to provide for the security, protection, and integrity of the discovery. There are many types of archaeological materials that may be identified during construction activities. These may include, but are not limited to: Precontact Archaeological Materials o Stone tools and flaking debris o Antler and/or non-sawed bone fragments (as tools or as remains of food items) o Charcoal concentrations and darkened earth o Fire-modified rock Ethnographic Archaeological Materials o Would be the same as Precontact items, with the inclusion of Historic-Period materials as well Historic-Period Archaeological Materials o Low-fired and bisque ceramics with subdued colors, or blue/pink willow-like design; thick-bodied pieces indicating crockery o Non-tempered glass; violet-colored glass; stopper-topped glass jars or bottles; presscapped (cork gasket liner) heavy-walled soda or liquor bottles (not twist-top, thinwalled); zinc and vitreous glass-lidded glass canning jars with colored body o Miscellaneous fragments of metal (or plated) clothing closures (hooks and eyes, and suspender fittings, but not zippers), shell buttons, fragments of bakelite houseware, celluloid, glass (but no Nylon or polystyrene) o Sawed animal bone and fruit pits o Enameled ironware 90 Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington

o Punch-opened and solder-sealed beverage cans; solder-sealed food tins; (not thin-walled aluminum and welded steel cans) o Older automotive parts o Knob-and-tube electrical insulators o Marbles, or other toys o Slag and other materials from the smelter activities Ecology will take appropriate steps, including, when necessary, consulting with a professional archaeologist to determine whether the discovery may be an archaeological site or isolated cultural item. The onsite supervisor will take reasonable steps to protect the discovery site. Work in the immediate area will not resume until treatment of the discovery has been completed or the discovery has been adequately protected. In the event of an inadvertent discovery of archaeological materials, the Ecology will enact the following IDP procedures: Ecology will contract with a Professional Archaeologist who meets the standards set by the Secretary of the Interior (SOI) to examine the find, determine whether the discovery is an archaeological site, and assess its integrity. Ecology will authorize the contractor to work only outside of the 50-foot radius to protect the find and archaeologist. If the archaeologist determines that the find is a precontact archaeological site or significant historic-period archaeological resource, Ecology will take reasonable steps to further protect the discovery site. Ecology will install a physical barrier (i.e., exclusionary fencing) and will prohibit all machinery, other vehicles, and unauthorized individuals from crossing the barrier. Ecology will inform DAHP and the cultural resources representative from the affected Tribes in as expeditious manner as feasible after the archaeologist has made an initial recommendation as to the nature and potential significance of the site. o Under RCW 27.53, all precontact archaeological sites are protected regardless of significance or eligibility for national, state, and/or local historic registers. A determination of eligibility for listing in the NRHP by DAHP must be obtained for historic-period resources. It is presumed that historic-period resources are eligible for listing in the NRHP until and unless DAHP makes the determination that they are not. Treatment measures may include mapping, photography, subsurface testing, sample collection, and/or other activities, as determined appropriate by DAHP and Tribal representative. Eligible prehistoric and historic-period resources will require a permit to Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington 91

disturb under RCW 27.53. Appropriate treatment measures will be stipulated under a permit obtained from DAHP. Ecology will work with the appropriate Tribe for discoveries of precontact materials. The consulting parties will also include DAHP, as appropriate. Ecology will contact the appropriate parties, as soon as practical, to seek consultation regarding the National Registereligibility of the discovery. If the consulting parties determine that the discovery is an eligible resource, they will consult with appropriate parties on an appropriate form of treatment. Treatment measures may include mapping, photography, limited probing, and sample collection, or other activities. Ecology will arrange for the implementation of the treatment measures agreed upon by Ecology, the Washington State Historic Preservation Officer (SHPO), and the affected Tribes. If treatment measures determined by the consulting parties include sample collection, the archaeological resources will be examined by the archaeologist and possibly analyzed by specialists, as needed and appropriate. Cultural features, horizons, and artifacts detected in buried soils may require further evaluation using hand-dug test units to clarify aspects of integrity, stratigraphic context, or feature function. Test units will be used only when necessary to gather information on the nature, extent, and integrity of subsurface cultural deposits to evaluate the site s potential to address significant research domains. Units may be dug in controlled fashion to expose features, collect radiocarbon or animal/plant macrofossil samples from undisturbed contexts, or interpret complex stratigraphy. A test excavation unit or small trench might also be used to cross-section a feature to determine if an intact occupation surface is present. Excavations will be conducted using industry-standard techniques for controlling provenience of recovered remains. Soils excavated for purposes of cultural resources investigation will be screened through ¼-inch mesh. Spatial information, depth of excavation levels, natural and cultural stratigraphy, presence or absence of cultural material, and depth to sterile soil, regolith, or bedrock will be recorded on a standard form. Test excavation units will be recorded on unit level forms, which include plan maps for each excavated level and material type, number, and vertical provenience (depth below surface and stratum association where applicable) for all artifacts recovered from the level. Radiocarbon and macrofossil samples will be taken from intact subsurface features exposed by shovel/auger probes or test units. A stratigraphic profile will be drawn for at least one wall of each test excavation unit. All prehistoric and historic artifacts collected from the surface and from probes and excavation units will be analyzed, catalogued, and temporarily curated. Ultimate disposition of cultural materials will be determined in consultation with the SHPO and affected Native American Tribes. The preferred repository is the Burke Museum of Natural History and Culture. 92 Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington

Work in the immediate area will not resume until treatment of the discovery has been completed or the discovery has been adequately protected. Activities that have the potential to disturb cultural resources outside the specified AI should not proceed prior to a cultural resources review of potential adverse effects in the new area. If construction reveals human remains, the procedures listed in the following section will apply. C2.1 Notification Parties for Potentially Important Archaeological Finds C2.1.1 Contacts List Washington State Department of Ecology Sandra Matthews, LG, LHG Site Manager Toxics Cleanup Program, NWRO 3190 160th Avenue SE Bellevue, WA 98008-5452 Telephone: (425) 649-7206 Fax (425) 649-7161 smat461@ecy.wa.gov Archaeological Consultant Historical Research Associates, Inc. (HRA) Lynn Compas or Jenny Dellert Telephone: (206) 343-0226 Tribes Richard Young, Cultural Resources Tulalip Tribe Hibulb Cultural Center and Natural History Preserve 6410 23rd Avenue NE Tulalip, WA 98271 Telephone: (360) 716-2652 Email: ryoung@tulaliptribes-nsn.gov Steve Mullen-Moses, Director of Archaeology and Historic Preservation Snoqualmie Nation P O Box 969 8130 Railroad Avenue, Suite 103 Snoqualmie, WA 98065 Telephone: (425) 495-6097 Email: steve@snoqualmienation.com Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington 93

Kerry Lyste, Cultural Resources Stillaguamish Tribe 3310 Smokey Point Drive PO Box 277 Arlington, WA 98223-0277 Telephone: (360) 652-7362 ext. 226 Email: Klyste@stillaguamish.com Washington State Department of Archaeology and Historic Preservation (DAHP) State Archaeologist Dr. Rob Whitlam PO Box 48343 Olympia, WA 98501 Telephone: (360) 586-3080 Email: Rob.whitlam@dahp.wa.gov DAHP Assistant State Archaeologist (notified by Ecology) Stephenie Kramer Telephone: (360) 586-3083 Email: Stephenie.Kramer@dahp.wa.gov DAHP Local Government Archaeologist (notified by Ecology) Gretchen Kaehler Telephone: (360) 586-3088 Email: Gretchen.Kaehler@dahp.wa.gov State Historic Preservation Officer (notified by Ecology) Dr. Allyson Brooks Telephone: (360) 586-3066 Email: Allyson.Brooks@dahp.wa.gov 94 Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington

C3. Procedures for the Inadvertent Discovery of Human Remains Any human remains that are discovered during construction of the Project will be treated with dignity and respect. If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity must cease that may cause further disturbance to those remains and the area of the find must be secured and protected from further disturbance. In addition, the finding of human skeletal remains must be reported to the Snohomish County Medical Examiner and local law enforcement in the most expeditious manner possible. The remains should not be touched, moved, or further disturbed. The Snohomish County Medical Examiner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the Snohomish County Medical Examiner determines the remains are non-forensic, then they will report that finding to DAHP, who will then take jurisdiction over those remains and report them to the appropriate cemeteries and affected tribes. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and affected tribes. DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. C3.1 Notification Parties for Human Remains C3.1.1 Contacts List Washington State Department of Ecology Sandra Matthews, LG, LHG Site Manager Toxics Cleanup Program, NWRO 3190 160th Avenue SE Bellevue, WA 98008-5452 Telephone: (425) 649-7206 Fax (425) 649-7161 smat461@ecy.wa.gov Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington 95

City of Everett Police Department Dan Templeman, Chief 3002 Wetmore Ave Everett, WA 98201 Telephone: 425-257-8400 Fax: 425-257-6500 Snohomish County Medical Examiner Norman Thiersch, Medical Examiner 9509 29 th Avenue West Everett, WA 98204 Telephone: (425) 438-6200 Fax: (425) 438-6208 Email: norman.thiersch@co.snohomish.wa.us Archaeological Consultant Historical Research Associates, Inc. (HRA) Lynn Compas or Jenny Dellert Telephone: (206) 343-0226 Tribes Richard Young, Cultural Resources Tulalip Tribe Hibulb Cultural Center and Natural History Preserve 6410 23rd Avenue NE Tulalip, WA 98271 Telephone: (360) 716-2652 Email: ryoung@tulaliptribes-nsn.gov Steve Mullen-Moses, Director of Archaeology and Historic Preservation Snoqualmie Nation P O Box 969 8130 Railroad Avenue, Suite 103 Snoqualmie, WA 98065 Telephone: (425) 495-6097 Email: steve@snoqualmienation.com Kerry Lyste, Cultural Resources Stillaguamish Tribe 3310 Smokey Point Drive PO Box 277 Arlington, WA 98223-0277 Telephone: (360) 652-7362 ext. 226 Email: Klyste@stillaguamish.com 96 Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington

Washington State Department of Archaeology and Historic Preservation (DAHP) State Archaeologist Dr. Rob Whitlam PO Box 48343 Olympia, WA 98501 Telephone: (360) 586-3080 Email: Rob.whitlam@dahp.wa.gov DAHP Assistant State Archaeologist (notified by Ecology) Stephenie Kramer Telephone: (360) 586-3083 Email: Stephenie.Kramer@dahp.wa.gov DAHP Local Government Archaeologist (notified by Ecology) Gretchen Kaehler Telephone: (360) 586-3088 Email: Gretchen.Kaehler@dahp.wa.gov State Historic Preservation Officer (notified by Ecology) Dr. Allyson Brooks Telephone: (360) 586-3066 Email: Allyson.Brooks@dahp.wa.gov State Physical Anthropologist Dr. Guy Tasa PO Box 48343 Olympia, WA 98501 Telephone: (360) 586-3534 (office) Email: Guy.tasa@dahp.wa.gov Cultural Resources Inventory for the Everett Parkland Cleanup, Snohomish County, Washington 97