Current through Register Vol. XLI, No. 50, December 13, 2024
Section 82-3-3 - Permits to Excavate Historic and Prehistoric Ruins and Archaeological Sites3.1. Any person proposing to excavate a ruin or site shall request a permit application form from the Director at the Division of Culture and History, The Cultural Center, Capitol Complex, Charleston, W. Va. 25305. They may call the Cultural Center at 558-0240 for further information. Permits will be issued on a project by project basis. The form will provide for and require the following information: 3.1.1. Documentation of the property owner's or property manager's, in the case of publicly owned land, permission to excavate. Recovered artifacts remain the property owner's, except in the case of publicly owned land, unless they forfeit their rights to them in writing.3.1.2. The applicant's qualifications. A professional archaeologist will submit a resume, if not already on file at the State Historic Preservation Office. Avocational archaeologists will submit a letter explaining their past accomplishments as an avocationalist.3.1.3. An excavation plan detailing the methodologies and techniques by which the excavations will be conducted and the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work.3.1.4. The facility where recovered material and excavation records will be curated.3.1.5. A plan to restore the site to its former condition prior to excavations when the site is not intended to altered or destroyed.3.2. Upon review of the permit application by the Director, a written response to the applicant will be forwarded within thirty (30) days of receipt of the application. Permits may be issued for up to two (2) years and may be suspended or revoked at any time for failing to meet terms and conditions of the permit. The Director shall be allowed access to any excavation of a site or ruin to observe whether conditions and terms of the permit are being met.Permits may be denied for reasons including, but not limited to, failure to provide a completed application form, inadequate justification for excavating a site or ruins, or inability to complete satisfactorily a previous excavation. The reasons for denial shall be written down and forwarded to the applicant within thirty days of receipt of the application. Applicants denied a permit may appeal the decision by requesting a hearing before a regularly scheduled meeting of the Archives and History Commission. Such hearing shall be held in accordance with W. Va. Code § 29A-5-1 et. seq.
3.3. If a permit is granted, an annual progress report shall be submitted on the anniversary date of the permit, if applicable, and a final report of the excavation will be submitted upon completion of fieldwork. The deadline for final reports will vary depending upon the nature of the project. Professionals will submit reports of the quality recommended in the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation ( 36 CFR 68). Avocationalists are not expected to submit reports of professional quality, but they shall minimally include information on site location and conditions, relevant background information, all field observations (stratigraphy, features, etc.), and analyses and results. The Director may request that reports be written for publication to be read by the general public, or in other ways disseminate the information recovered through permitted excavations to the general public.