15A NCAC 07H .0509      SIGNIFICANT COASTAL ARCHAEOLOGICAL RESOURCES

(a)  Description. Significant coastal archaeological resources are defined as areas that contain archaeological remains (objects, features, and/or sites) that have more than local significance to history or prehistory. Such areas shall be evaluated by the Department of Natural and Cultural Resources in accordance with G.S. 113A-113.

(b)  Significance. Significant coastal archaeological resources are important educational, scientific, or aesthetic resources. Such resources would be jeopardized by uncontrolled or incompatible development. In general, significant archaeological resources possess integrity of location, design, setting, workmanship, materials, and association and:

(1)           are associated with historic events; or

(2)           are associated with the lives of persons significant in history; or

(3)           embody the distinctive characteristics of a type, period, or method of construction, or represent a significant and distinguishable entity whose components may lack individual distinction; or

(4)           have yielded, or may yield, information important in history or prehistory.

(c)  Management Objectives. The CRC's objective is to conserve coastal archaeological resources of more than local significance to history or prehistory that constitute important scientific sites, or are valuable educational, associative, or aesthetic resources. Specific objectives for each of these functions shall be related to the following:

(1)           development of a preservation management plan to provide long-term management of the archaeological resource; and development which shall not have significant adverse impacts on the archaeological resource;

(2)           to conserve significant archaeological resources, including their spatial and structural context and characteristics through in‑situ preservation or scientific study;

(3)           to ensure that the designated archaeological resource be preserved for and be accessible to the scientific and educational communities for study purposes;

(4)           to protect the values of the designated archaeological resource as expressed by the local government and citizenry; these values shall be related to the educational, associative, or aesthetic qualities of the resource.

(d)  General Use Standards.

(1)           Significant concentrations of archaeological material, reflecting a full range of human behavior, shall be preserved in‑situ for future research by avoidance during development activities. Areas for avoidance shall be selected after archaeological investigations have been made. Subparagraph (d)(2)(B) of this Rule outlines the nature, extent, conditions and significance of the cultural deposits. The following avoidance measures shall be considered:

(A)          incorporation of "no impact" spaces in construction plans such as green spaces between lots;

(B)          limiting specific types of ground disturbing activities;

(C)          donation of preservation easements to the State or, upon approval by the Department of Natural and Cultural Resources, a historic preservation agency or organization.

(2)           Activities which would damage or destroy the contents of a designated site's surface or subsurface shall be prohibited until an archaeological investigation and resource management plan has been implemented by the applicant. The investigation and management plan shall be developed in consultation with the Department of Natural and Cultural Resources. Such archaeological investigations shall comply with the following criteria:

(A)          archaeological investigations conducted as part of the permit review process shall be implemented in three parts: Phase I, a reconnaissance level investigation to determine the nature and extent of archaeological materials over the designated area; Phase II, an intensive level investigation which represents a direct outgrowth of Phase I findings and through systematic data recovery assesses the potential importance of identified concentrations of archaeological materials; Phase III, mitigation of significant adverse impacts to recognized areas of importance. Evaluations of research potential shall be made and prioritized in order of importance, based upon the status of previous research in the area and the integrity of the remains;

(B)          an archaeological research design shall be required for all archaeological investigations. All research designs shall be subject to the approval of the Department of Natural and Cultural Resources prior to conducting the work. A research proposal shall allow at least 30 days for review and comment by the Department of Natural and Cultural Resources;

(C)          data shall be collected and recorded and artifacts shall be curated according to accepted standards at an approved repository in consultation with the Department of Natural and Cultural Resources.

(e)  Designations. The Coastal Resources Commission hereby designates Permuda Island as a significant coastal archaeological resource area of environmental concern. Permuda Island is a former barrier island located within Stump Sound in southwestern Onslow County. The island is 1.2 miles long and 1.25 miles wide. Archaeological evidence indicates the earliest occupation from the Middle Woodland Period (300 B.C. ‑ 800 A.D.) through the late Woodland Period (800 A.D. ‑ 1650 A.D.) and historic occupations predating the Revolutionary War. Archaeological remains on the island consist of discrete shell heaps, broad and thick layers of shell midden, prehistoric refuse pits and postholes, as well as numerous ceramic vessel fragments and well‑preserved animal bone remains.

History Note:        Authority G.S. 113A‑107(a); 113A‑107(b); 113A‑113(b)(4h); 113A‑124;

Eff. June 1, 1979;

Amended Eff. October 1, 1988; January 1, 1985;

RRC September 17, 2022 and rule returned to agency on October 5, 2023;

Codifier determined that agency's findings of need did not meet criteria for emergency rule on December 20, 2023;

Emergency Adoption Eff. January 3, 2024.