ODOT Cultural Resources - Oregon · 2020-01-22 · Environmental Construction Inspector December 2019 Cultural Resources 8-1 Why it matters: Cultural Resources help preserve a sense

Environmental Construction Inspector December 2019

Cultural Resources 8-1

ODOT Cultural

Resources

ODOT Cultural

Resources

Cultural Resources???

Why does it even matter?

What is it?

What do I need to do about it?



Why it matters: Cultural Resources help preserve a sense of place and tie us to the past.

Why it matters: Cultural Resources are protected under Federal and State Laws.



Federal Resource Laws

Native American Graves and Repatriation Act (NAGRPA)

Department of Transportation Act – Section 4 (f)

Antiquities Act of 1906

National Historic Preservation Act – Section 106

Archaeological Resources Protection Act

ODOT Geo-Environmental

Oregon State Laws

ORS 97.740 – Indian Graves and Protected Objects

ORS 358.653 – Protection of Publicly Owned Historic Property

ORS 358.905-961 –Archaeological Sites and Objects

ORS 192.501 (11) – Protection of Sensitive Cultural Information



Tribal Relations

Burns Paiute-Burns

Umatilla-Pendleton

Grand Ronde-Grand Ronde

Coquille-North Bend

Siletz-Siletz

Coos, Lower Umpqua and Siuslaw-Coos Bay

Cow Creek Band of Umpqua-Roseburg

Klamath-Klamath Falls

Warm Springs-Warm Springs

Importantly, on federalized projects Tribal coordination extends outside Oregon!!

Kate Brown (Oregon Governor)Kris Strickler (New ODOT Director)



What is it? Archaeological sites:

Any group of artifacts and/or features 50 (Federal) or 75 (State) years of age.

What an archaeological site looks like…

Prehistoric Sites (Native American)

Historic (after Euro-contact)

Vary in size and significance

Ten or more artifacts



Archaeological Sites & Confidential Information

Did you know that the location of an archaeological site is considered confidential information?

Exempt from FOIA and State FOIA rules.

Site information is collected and stored through the Oregon State Historic Preservation Office.

Only qualified archaeologists can access this information.

Pre-Contact Site Types –Long Term Habitation Sites

What it was… What remains today…



Lithic scatters: flaked stone, points

Shell middens



Shell middens

More on Shell Middens



More on Shell Middens

Rock art

Culturally modified treesArbor- or Dendroglyph

“1889ROAD SURVEYORS

CAMPEDFEB 28 TO M”



Placed Rock Features

Paleontological Remains

Oregon is well known for paleontological finds.

North central Oregon and the Willamette Valley are locations to note!

Call your REC!

Photo courtesy of Amanda Cowan; Corvallis Gazette-Times

Mastodon jaw & teeth found near Corvallis, Oregon by construction crew.



Archaeological Site Types – Post-Contact

Historic scatters



Historic features: Privy

Underwater Archaeology



Traditional Cultural PropertiesCoos Bay/North Bend, Oregon

What is it? Built Resources

Buildings

Objects

Districts

Sites

Structures



Linear features like

Railroad grades

Historic roads

Canals and ditches

Telegraph and telephone lines

Other Resource Types

Prior to the construction phase…

Archaeologists and historians work to identify cultural resources during planning and project development

By construction, relatively low risk of encountering cultural resources

BUT remember, we don’t have superpowers…we do the best we can!



So, what do you need to do about it????

Incorporated into construction

Special ProvisionsIdentifies cultural resource concerns and monitoring

Design PlansNo Work Zones

Standard Specifications290.50 Protection of Cultural ResourcesContractors must comply w/cultural resourceslaws and establishes procedures for inadvertent discovery.

Inadvertent Discovery Plans290.51 Protection of Sensitive Cultural SitesContractors must comply with cultural resources laws and ensure protection of those sites.



Material Specifications

Used for Special Project types such as covered bridges or building rehabilitations

No Work Zones

Help protect the archaeological sites during construction

Established in the field with orange mesh fencing and/or lath and flagging

Inspector and Project Archaeologist will meet on site to establish no work zones



No Work Zones



Monitors during construction

Ensure protection of known sites

Identify and evaluate sites encountered during construction (*can keep work moving along)

Monitors will work directly with Inspectors on site

*Inspectors* Check Special Provisions for notification requirements. Ensure RE or ARE are aware of timelines to facilitate proper coordination with monitors to avoid project delays.

Urban EnvironmentsWhat lies beneath!



Example of downtown Central Point:

Historic maps indicated a possible feature.



290.50 – Inadvertent Discovery: Step by Step

Stop work immediately

Protect the site

Contact Engineer, REC, Project Archaeologist and RE

Move work to another location

Human remains = contact State Police, REC & RE, but there’s more!

More On Encountering Human Remains

Must be treated with respect.

Do not move material.

Contact State Police, REC and RE immediately.

Wait for police and medical examiner.

REC will contact the ODOT Archaeologist.

No photographs should be released or shared.

Do not allow press near the remains…do not disclose information.



Brick Feature vs. Loose Bricks

What Does an Inadvertent Discovery Look Like?



Well, well, well…Ye olde septic tanks!

Joe Creek Inadvertent Discovery



Joe Creek Inadvertent Discovery

OR62: Rogue River Drive- Cleveland Street Inadvertent Discovery



290.51 (a): Disturbing known cultural sites

ODOT and the Contractor will be held responsible

Expensive mitigation

Erodes our credibility



Tribal Perspectives on Construction Activities: A Video Clip

ODOT Archaeology Super Squad

Carolyn Holthoff, ManagerCultural Resources Program503.986.3309

Tobin C. Bottman, ArchaeologistRegions 1, 4 & 5503.986.3783

Alex New, ArchaeologistRegion 5541.963.4438

Kurt Roedel, ArchaeologistRegion 2 503.986.6571

Jessica Bochart, ArchaeologistRegion 3541.864.8820

Roy Watters, ArchaeologistRegions 1 & 4503.986.3375



ODOT Historic Resources Super SquadRegion 1Robert Hadlow, PhD. 503.731.8239

Region 2Sarah Jalving 503.986.6926

Hayli Reff 503.986.2654

Regions 3, 4 & 5Larissa Rudnicki 503.986.6782

Kenny Gunn 503.986.2004

Statewide Program CoordinatorChris Bell 503.986.3853

Cultural Interactive Question

All cultural sites will be known and identified in the Special Provisions.

A. True

B. False

Draft 5/30/2018

ODOT ARCHAEOLOGY FOR INSPECTORS Inspectors Training Handout

Inspectors have played a key role in protecting and identifying archaeological resources during project implementation. Thanks to inspectors we have successfully evaluated resources inadvertently discovered during construction. With training and good communication we can continue to identify, assess and protect these valuable resources. The following information is designed to provide a basic foundation for understanding archaeology, the ODOTs role in resource identification and what to do if an archaeological site is uncovered during project implementation.

What is it??:

Archaeology: the study of human behavior and culture through the analysis of material remains.

Archaeological Site: a place with evidence of human activity. Material evidence can be located on the surface or below the surface of the ground. Federal Law defines an archaeological site as 50 years or older, while the State of Oregon says an archaeological is at least 75 years or older. The State of Oregon defines an archaeological site as “10 or more artifacts in a given geographical area”.

Prehistoric Archaeology: the study of past human behavior and culture characterized by cultural material and archaeological sites dating before Euro-American contact. Sites might include lithic scatters, rock cairns, etc.

Historical Archaeology: the study of human culture through material remains, written documentation and oral information. Within Oregon, historic sites (rural and urban) date between ~1805 and 1960 and can be characterized as homesteads, logging camps, Chinese mining camps, fur trade posts, etc.

Rural Sites: include farmsteads, extraction and processing sites such as mines and loggingoperations, CCC camps and project sites such as spring developments, etc.

Urban Sites: include homes, public works, and community stores, hotels, brothels, etc.

Submerged Sites: underwater sites characterized by sunken boats, ships, dam and bridge features.

Site Types: Rock Features (Rock Cairns or Rock Wall). These can be found on steep slopes, along talus

fields, and on mesa tops, etc. Sometimes heavy lichen can suggest age. Ceremonial or possiblyused for hunting or herding activities.

Can and Bottle Dumps. Sometimes along abandoned roads, ditches, or flat open areas which mayhave held a structure. Can tell us about every life, human consumption and domestic tasks.

Lithic Scatters. Can be found along flood plains, benches and bars, or along mesas and slopes.Associated with temporary hunting and food processing activities or can sometimes indicate alarger buried site like a camp or village.

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Culturally Modified Trees, (ie Peeled Trees or Dendraglyphs). In the forest, along old roads,near berry patches. Bark was used for baskets, canoes, clothing.

Shell Middens. Located along the coast, along bluffs and benches and near fresh water streams.May or may not be readily visible on the surface. Associated with possible camp or occupationsite.

Privy. Historic feature, remains of outhouses. Usually contain numerous artifacts includingbottles, ceramic, personal items, etc. Can tell us a lot about everyday life and human behavior.

High Probability Areas: an area that may likely contain archaeological material; areas will vary based on location, landscape, etc

Why we do it??

Federal and state cultural resource laws help identify and protect archaeological resources for future generations.

Section 106 of National Historic Preservation Act (1966) says that any agency funded in full or in part with federal dollars will take into account the effects of an undertaking on “any district, site, building, structure or object that is included in or eligible for inclusion on the National Register of Historic Places”.

Department of Transportation Act Section 4(f) says that the agency will make every effort to avoid, minimize or mitigate impacts to significant archaeological sites.

Archaeological Resources Protection Act says no one can excavate, injure or destroy an archaeological site on federal lands without a permit.

Oregon State Law ORS 358.910 declares that “Archaeological sites are acknowledged to be a finite, irreplaceable and non-renewable cultural resource, and are an intrinsic part of the cultural heritage of the people of Oregon”.

ORS 390.235 references permit conditions for “excavation or removal of archaeological or historical materials”. A person may not excavate, injure, destroy, or alter an archaeological site or object or remove an archaeological object located on public or private lands in Oregon” unless….authorized by a permit.

ORS 97.745 protects Indian Graves and Objects and says that no one shall damage or destroy a burial, cairn, funerary objects or human remains.

Where and How projects affect a site??

Many ODOT projects which entail “ground disturbance” can and will affect an archaeological site. These activities require archaeological review.

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Ground Disturbance: can include but is not limited to, excavating for a new road, culvert replacement, tree planting, bridge building, staging areas, depositing fill, borrow pits, plowing and re-seeding, extracting rock, etc.

Generally, ODOT projects which will need formal archaeological review include pavement preservation projects which entail deep excavation, sidewalk installation in urban areas, guardrail installation, utility installation, culvert replacement, bridge replacement, road widening and new highway construction.

Consultation: When ODOT archaeologists become aware that a project is planned we perform consultation with the Native American tribes that have concerns in those project areas. This is dictated by federal law. This is our opportunity to inform those tribes and allow them to comment and raise concerns if any.

Evaluation: ODOTs archaeological staff makes every effort to identify and assess archaeological resources during the project development stage. We work with contractors to perform survey and excavation to identify potentially significant archaeological sites within our project boundaries or the area of potential effect. If sites are identified we perform additional work if necessary to determine the actual site boundaries and make every effort to avoid those sites by providing no work zones on the design plans and in the field. If we are unable to avoid those sites, then additional archaeological work will become necessary.

Site Protection during Construction: If No Work Zones are needed ODOT Archaeology staff will work with the REC, Project lead and designer to include the information on the design for the project. They will attend the pre-con meeting if possible to discuss the No Work Zone area and will help establish the No Work Zone in the field with the Inspector. No Work Zones are typically established using lath and flagging or Orange Mesh Fencing.

Monitoring: It is also quite common for archaeological monitors to be present during the actual project construction. Monitors might include contract archaeologists or tribal members. Monitors are extremely valuable because they can identify archaeological material immediately at the project site. This is usually done on projects that have a high potential to impact buried material and projects that are planned in or near previously identified archaeological sites.

When do you call for HELP (Inadvertent Discovery)???

While ODOTs archaeological staff take every precaution to ensure that archaeological sites have been identified prior to project implementation, it is not uncommon for construction activities to reveal unidentified archaeological sites. Inadvertent discovery protocols are in place to assist all parties when this situation occurs. You must follow SPEC 290.50 and 290.51.

If sites are encountered during construction: 1. All work must stop immediately if human remains are uncovered.2. If an archaeological site is encountered, work must stop in that location, but may continue

in another area with the permission of an archaeologist.3. The Regional Environmental Coordinator (REC) and ODOT Archaeologist should be

contacted immediately. If human remains area encountered the Oregon State Policeshould be contacted. The ODOT archaeologist will also contact the State HistoricPreservation Office, Commission on Indian Services and the affected tribes.

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4. Work must cease until the site can be evaluated. EXPECT PROJECT DELAYS.

Failure to Stop Work….

Remember you MUST STOP work immediately if an archaeological site is encountered during project implementation. If construction proceeds without an archaeologist being contacted to perform the necessary evaluation, there may be consequences.

1. There are heavy penalties for destruction of archaeological sites in Oregon.2. In addition, Regions will find themselves confronted with expensive mitigation costs.3. Run the risk of jeopardizing ODOTs relationship with regulatory agencies and tribes,

which can make it difficult in the future to proceed with construction projects.

Who do you call??

ODOT Archaeologists are here to assist you. In addition to the Senior Archaeologist who oversees the Archaeological Program, each region has a designated archaeologist, and there’s an archaeologist on staff who handles maintenance projects statewide!

Carolyn Holthoff, M.A., R.P.A. Cultural Resources Program Manager Geo-Environmental Section Phone: 503-986-3309 Cell: 503-508-3751 [email protected]

Kurt Roedel, M.A. Archaeologist – Region 2 Geo-Environmental Section Phone: 503-986-6571 Cell: 503-508-7933 [email protected]

Jessica Bochart Archaeologist – Region 3 Phone: 541-864-0501 Cell: 541-530-0501 [email protected]

Tobin Bottman Archaeologist – Regions 1E & Region 4 Geo-Environmental Phone: 503-986-3783 Cell: 503-927-3031 [email protected]

Roy Watters, M.A., R.P.A. Archaeologist – Regions 1W, Region 4 Local Government Support, Geo-Environmental Section Phone: 503-986-3375 [email protected]

Alex New Archaeologist- Region 5 Geo-Environmental Phone: 541-963-4438 [email protected]

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OREGON DEPARTMENT OF TRANSPORTATION CONSTRUCTION MANUAL

Chapter 32 32 - 1 Updated 08/16

∗CHAPTER 32 – PROTECTION OF CULTURAL RESOURCES

Cultural Resources can be defined as any archaeological, paleontological, historical sites and/or traditional cultural properties. The necessary identification and examination of those sites normally occurs prior to the construction phase of a Project. NEPA documentation and special provisions for a Project will generally address anticipated cultural resources within the Project limits.

No-work zone areas are used to delineate archaeological resources on Project sites. Disturbing known cultural resources is considered a willful violation of state law; such sites are protected under ORS 97.740, ORS 358.905 and ORS 390.235. If no-work zones are disturbed all Work must cease in the vicinity of the no-work zone and the PM will Contact the Region Environmental Coordinator (REC) to help determine a corrective action.

If a no-work zone is disturbed a damage assessment to evaluate the level of disturbance to the cultural site may be required. The REC will work with the PM and Agency expert to determine if a damage assessment is warranted.

For more information related to cultural resources, refer to the ODOT Cultural Resource Program webpage.

32-1 ARCHAEOLOGICAL MONITORING

If an archaeological monitor is needed during construction this will be called out in the Special Provisions and addressed during the pre-construction meeting. [Refer to Chapter 11 - Before Onsite Work Can Begin]

Monitors may include consultant archaeologists or Tribal members. Archaeological monitors will identify and evaluate archaeological material immediately at the Project site. Archaeological monitoring is usually done on Projects that have a high potential to encounter buried material and Projects that are planned in or near recorded archaeological sites.

Submit an Order for Force Work, form 734-1105, to establish a budget and track the cost of the archaeology monitoring. [Refer to Chapter 15 - Change Orders/Force Account/Work by Public Forces]

∗ All Marked Text Updated August 2016 8-31

http://www.oregon.gov/ODOT/HWY/GEOENVIRONMENTAL/Pages/cultural_resources.aspx

http://www.oregon.gov/ODOT/HWY/GEOENVIRONMENTAL/Pages/cultural_resources.aspx

http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/constructionmanual/cm11.pdf

ftp://ftp.odot.state.or.us/techserv/construction/Construction%20Forms/1105.xls

http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/ConstructionManual/cm15.pdf


OREGON DEPARTMENT OF TRANSPORTATION CONSTRUCTION MANUAL

Chapter 32 32 - 2 Updated 08/16

32-2 INADVERTENT DISCOVERY OF CULTURAL SITES

If unidentified cultural sites are discovered during Work, immediately stop work in the area. Contact the REC and refer to Specifications 00290. The PM may need to suspend all or part of the Contractor’s operations. If necessary, suspend Contract Work as provided in Specifications 00180.70 and 00290. [Refer to Chapter 13 - Contract Time]

If an Inadvertent Discovery Plan (IDP) is in place for the Project, then follow IDP Guidance. If an IDP is not in place for the Project, work with the REC and Agency experts to determine the appropriate action.

If human remains are encountered, contact the State Police and the REC. Do not call 911.

If a previously unknown site is encountered, an archaeological monitor may be required as a condition to resume the work.

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Documents

ODOT Cultural Resources - Oregon · 2020-01-22 · Environmental Construction Inspector December 2019 Cultural Resources 8-1 Why it matters: Cultural Resources help preserve a sense