6-5   ADMINISTRATIVE DECISIONS

6-5(A)   ARCHAEOLOGICAL CERTIFICATE

All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-5(A).

6-5(A)(1)   Applicability

This Subsection 14-16-6-5(A) requires an Archaeological Certificate of No Effect or Certificate of Approval to be duly approved prior to approval of any preliminary plat, Site Plan, or Master Development Plan for projects over 5 acres.

6-5(A)(2)   Procedure 206

6-5(A)(2)(a)   The applicant shall have all of the following responsibilities:

   1.   Provide notice of the application to Indian Nations, Tribes, or Pueblos by certified mail and by email that specifies the subject property and the proposed development.

   2.   Provide notice of the application to tribal representatives by email that specifies the subject property and the proposed development.

   3.   Supply proof of notification to Indian nation, tribe, or pueblo and tribal representatives with the application.

   4.   Provide the treatment plan, if required, by email to Indian Nations, Tribes, or Pueblos and tribal representatives within 5 business days that it is submitted to the City Archaeologist.

6-5(A)(2)(b)   An application for an Archaeological Certificate shall be reviewed by the City Archaeologist to determine whether the proposed development will have an adverse impact on any significant archaeological site.

6-5(A)(2)(c)   The City Archaeologist shall issue a Certificate of No Effect if there is no adverse impact. The City Archaeologist shall send the Certificate of No Effect to Indian Nations, Tribes, and Pueblos and Tribal Representatives pursuant to 14-16-6-4(J)(3). 207

6-5(A)(2)(d)   If the application does not qualify for a Certificate of No Effect, an application for a Certificate of Approval shall be required. The applicant must submit a treatment plan prepared by a qualified archaeologist that adequately mitigates any archaeological impacts of the development.

6-5(A)(2)(e)   The City Archaeologist shall review the treatment plan and shall approve or deny the proposed plan within 15 calendar days of its submission. If the plan is not approved as submitted, the City Archaeologist shall advise the applicant of the changes needed in the plan for its approval. If the plan is approved, the City Archaeologist shall issue a Certificate of Approval. The City Archaeologist shall send the Certificate of Approval to Indian Nations, Tribes, and Pueblos and Tribal Representatives pursuant to 14-16-6-4(J)(3). 208

6-5(A)(2)(f)   The Planning Department shall maintain records of project areas that received a Certificate of No Effect or Certificate of Approval.

6-5(A)(2)(g)   The Planning Director shall require that the treatment plan is included on the applicable infrastructure lists of Preliminary Plats and Site Plans.

6-5(A)(2)(h)   The Planning Director shall require that any necessary treatment plan is referenced on the first sheet of the Site Plan or Master Development Plan. Implementation of the necessary treatment plan shall be made a condition of approval.

6-5(A)(3)   Review and Decision Criteria

6-5(A)(3)(a)   Certificate of No Effect

An application for a Certificate of No Effect shall be approved if it meets any of the following criteria.

   1.   An archaeological investigation has been conducted on the property, and based on a report prepared by a qualified archaeologist, it has been determined that no significant archaeological site exists on the property. The factual basis necessary to support this determination shall be met through the presentation of an archaeological investigation report prepared in compliance with federal or New Mexico State historic preservation laws and regulations that used a comparable definition for a significant archaeological site. Documentation specifying 209 that the report was accepted by the relevant agency shall accompany the report.

   2.   The property has been disturbed through previous land use or development to such an extent that there is a substantial reduction in the probability of the continuing existence of any significant archaeological site. It shall be adequate evidence that the property was previously disturbed to such an extent so as to meet this requirement if the property has been graded, demolition has occurred on the property, or the project involves redevelopment or rehabilitation of existing improvements.

   3.   The informational value of any significant archaeological sites located on the property has been satisfactorily documented through previous archaeological investigation.

6-5(A)(3)(b)   Certificate of Approval

   1.   A Certificate of Approval shall be issued if the proposed site-specific treatment plan accomplishes all of the following:

      a.   Details strategies for the management of the affected archaeological sites.

      b.   Includes standards for further testing, sampling, documentation, data recovery, preservation and protection, analysis, and report preparation.

      c.   Outlines an effective preservation plan or data recovery and documentation plan for those resources that the City Archaeologist has determined to have significant research or other value.

      d.   Provides a schedule for the implementation of the treatment plan.

      e.   Provides a cost estimate for mitigation strategies, including testing, data recovery, curation, and report preparation.

   2.   In making a decision on the plan, the City Archaeologist shall consider methods to avoid, reduce, or mitigate effects on archaeological resources, including the use of conservation easements, while taking into consideration the needs of the property owner.

 

Notes

206	206 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item #58 and Council Memo - Tribal Engagement]
207	207 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item #58 and Council Memo - Tribal Engagement] Revised editorially for consistency with 14-16-6-4(J).
208	208 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item #58 and Council Memo - Tribal Engagement] Revised editorially for consistency with 14-16-6-4(J).
209	209 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. "Indicate" in legal settings can connote a suggestion or speculation. [Spreadsheet Item #60]