Preserving History

What to Know About Archaeological Finds on Construction Sites

The recent discovery of long buried crypts during a routine water main replacement project in New York City’s Washington Square Park should serve as a reminder that a review of archaeological records should be an important part of due diligence prior to beginning construction, according to CBRE Valuation & Advisory Services group.

Archeological finds during construction are not uncommon, especially in urban settings where over 500 years of American history and thousands of years of Native American relics may lie buried a few feet below the surface.

In the U.S., builders are obligated to report archaeological finds if the project requires a federal, state or occasionally local permit, license or funding that triggered compliance with historic preservation laws, according to Cris Kimbrough, Ph.D., PMP and archaeologist and managing director at CBRE Telecom Advisory Services. If archaeological resources are identified during construction/development for a project that has gone through the federal/state/local historic preservation process, all work must stop until further preservation measures can be determined and completed.

There are few rules governing artifacts encountered on private land because U.S. law is very much focused on the protection of private property. As a consequence, artifacts located in areas where no historic preservation rules are in place are at risk. This does not apply to human remains, however. Human remains always have to be reported to the local authorities and treated appropriately.

In the case of the Washington Square project, the crypts were covered up and the water main project will be re-routed around them.

The State Historic Preservation Office maintains records on identified archaeological resources in each state. In addition, museums and colleges/universities may also have records, but these are most often registered with the SHPO or held in lieu of SHPO archaeological files.

Most states have a project review process wherein staff at the SHPO reviews the project plans and their files to determine if there are any potential direct or indirect impacts to historic and archaeological resources. If there are, SHPO may request archaeological or other studies be completed prior to construction.

Native American tribes also maintain archaeological and other Traditional Cultural Properties records, but access to these files is almost always restricted. Tribes are consulted regarding their cultural resources as part of the federal historic preservation process, and most state preservation processes.

If artifacts are discovered as part of the pre-development review process, then additional archaeological surveys may be required. The federal process dictates that impacts to historic and archaeological resources should be avoided, minimized and/or mitigated—in that order.

Overall, superintendents should take the following precautions in cases where historic preservation compliance is required:

• One, the final environmental/preservation assessment for the site should have information on what to do and who to contact in case archaeological or human remains are encountered.
• Two, the field crew, particularly the heavy equipment operators, should be aware of any potential archaeological concerns; keep an eye and an ear out for anything unusual that may be historic.
• Three, if the area is particularly sensitive for archaeological resources, it is worth consulting the cultural resources firm that did the studies on the site for specific items to look out for.
• Finally, if there is any indication that human remains are present, stop work immediately and contact the proper authorities — this is true in any case, not just where historic preservation laws and permitting requires.

Archaeological due diligence is usually not a part normal Phase I or Phase II Environmental Site Assessments. Builders should be aware of federal/state/local historic preservation laws and comply.