20.710.070 Predetermination Process.
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A. Predetermination required. A predetermination is an archaeological study similar to, but of less intensity and lower cost than, an archaeological resource survey. Its purpose is to determine whether the existence of an archaeological site within a disturbance area is probable. A predetermination is required as follows:
1. For any nonexempt ground-disturbing action or activity for which a permit or approval is required where any portion of the disturbance area is at least partially within predictive model probability level high.
2. For any nonexempt ground-disturbing action or activity for which a permit or approval is required and where the disturbance area is at least five acres in size and wholly within predictive model probability levels moderate-high and moderate.
3. For any nonexempt ground-disturbing action or activity for which a permit or approval is required where the disturbance area is proposed within one-quarter mile of a known, recorded archaeological site.
4. When the planning official determines that reliable and credible information indicates the probable existence of an archaeological site in a disturbance area for which an application for a permit or approval for a ground-disturbing action or activity has been submitted to the planning official.
5. When any item of archaeological interest is discovered during the course of a permitted or approved ground-disturbing action or activity (VMC 20.710.090).
B. Waiver. The planning official may waive the requirement for a predetermination where the applicant chooses to provide a survey in accordance with the provisions of this chapter instead of a predetermination.
C. Preapplication review. The planning official may review a predetermination report and issue a determination of the likelihood that archaeological resources exist prior to the submittal of an application for a permit or approval for a ground-disturbing action or activity subject to the provisions of this chapter. Such preapplication review shall require permission for the planning official to enter and inspect the property.
D. Predetermination standards. Predeterminations shall include at a minimum the following elements and be carried out according to the following minimum standards:
1. Predeterminations shall be performed by a professional archaeologist. Documentation shall be sufficient to allow another archaeologist to repeat the investigation and reach a similar conclusion. Adequacy shall be determined by the planning official.
2. Predeterminations shall be performed in accordance with the best available technology and techniques commonly accepted as standards in the profession of archaeology.
3. No artifacts shall be collected during a predetermination.
4. A thorough review of records, documentation, maps, and other pertinent literature shall be performed.
5. A visual inspection of the ground surface shall be completed when conditions yield at least 50 percent visibility of the soil. When conditions yield less than 50 percent visibility of the soil, subsurface investigation shall be required in accordance with subsection (D)(6) of this section.
6. Subsurface investigation shall be conducted as follows:
a. Subsurface investigation shall be performed:
1. When conditions yield less than 50 percent visibility of the soil; or
2. When otherwise considered necessary by the archaeologist.
b. When performed, the following standards shall apply:
1. Subsurface probes shall be no less than eight inches/20 centimeters in diameter (12 inches/30 centimeters or more preferred) at the ground surface, no less than eight inches/20 centimeters in diameter at the base, and shall delve no less than 20 inches/50 centimeters deep into natural soil deposits whenever possible.
2. The most appropriate number of and locations for subsurface probes shall be determined by the archaeologist.
3. All material excavated by subsurface probes shall be screened using both one-quarter-inch and one-eighth-inch hardware mesh cloths or equivalent.
E. Predetermination reports. A report shall be completed for each predetermination in accordance with subsection D of this section on standardized reporting forms furnished by the department.
F. Review of predetermination reports and further action.
1. Predetermination reports shall be reviewed by the planning official.
2. Upon finding that a predetermination report is complete and adequate, the planning official shall evaluate the report and determine whether an archaeological site is likely to exist.
a. Where the director determines that the existence of an archaeological site is not probable, the application may proceed through the remainder of the development review process.
b. Where the planning official determines that the existence of an archaeological site is probable, an archaeological resource survey shall be required and carried out in accordance with the provisions of this chapter.
c. Where the planning official determines that the existence of an archaeological site is probable and an archaeological resource survey is required, the planning official shall notify registered tribes of such determination in accordance with the provisions of VMC 20.710.150. (Ord. M-4402 § 3(S), 2023; Ord. M-3922 § 33, 2009; Ord. M-3643, 2004)