8 Colo. Code Regs. § 1504-7-7

Current through Register Vol. 47, No. 20, October 25, 2024

Section 8 CCR 1504-7-7 - Permit terms and conditions

Permits are issued subject to the following terms and conditions:

A. Permittees must adhere to the following standards for survey work carried out on state lands:

1. All areas in which ground disturbance is anticipated will be surveyed for cultural resources.

2. Routine survey work for well pads, highways, and other specific projects will adhere to the following standards:

a. A minimum of 10 acres will be investigated for each well pad location.

b. Linear projects will be investigated by spacing surveyors no wider than 30 meters apart.

c. A minimum of 70 percent ground visibility is required for all projects surveyed with snow cover.

3. All archaeological permittees must perform a file search at the society or pay the society to do so prior to beginning field work.

4. All newly documented historical, prehistorical and archaeological resources will be recorded on standard Colorado inventory forms, available from the society.

5. Permittees will obtain an official Colorado site number, based on the Smithsonian trinomial system, from the society for each newly documented historical, prehistorical or archaeological resource.

6. Original, typed inventory forms and photographs must be submitted for review and acceptance by the society within three months of resource discovery.

B. All archaeological or paleontological excavation under a permit issued by the society shall be undertaken with an objective of increasing knowledge.

1. Recovered specimens, except human remains and associated funerary objects, shall be preserved, either on the site or in museums, open to the public and available to qualified students. The permit shall specify the name of the museum in which the recovered materials shall be deposited.

2. Permittees shall take measures to assure the security of the excavation project site.

3. Excavated human remains and associated funerary objects may be retained by the permitted archaeologist for a period not to exceed one year from the date of disinterment, for the purpose of study. Studies should be completed as soon as possible. At the end of the one-year study period, the state archaeologist shall receive the remains and confer with the Colorado Commission of Indian Affairs regarding disposition. A permittee's request for an extension of time shall be addressed in writing to the Colorado Commission of Indian Affairs, with a copy provided to the state archaeologist.

C. A copy of an approved permit must be in the possession of the permittee at all times when on state land. An individual named on the permit must be present at all times. Permittees shall not begin work exceeding 10m² on any site until a permit for that site has been issued, nor shall a permittee excavate human remains until a permit specifically authorizing this has been issued.

D. Permittees must obtain separate permission to enter on state lands from the state agency which administers said land, including but not limited to the State Land Board and its current lessee(s) if any, the Division of Wildlife, and the Division of Parks and Outdoor Recreation.

E. Permittees must file all required reports in a timely manner (as defined in Section 7.J. and 7.K.)

F. Permittees shall not be released from requirements of a permit until all outstanding obligations have been satisfied, whether or not the term of the permit has expired.

G. All issued permits will become part of the public record.

H. Any permit may be suspended by the society through the state archaeologist at any time if there is evidence that the activity authorized by the permit is being unlawfully or improperly conducted, if any of the criteria for permit denial applies, or if the permit holder does not honor the conditions of the permit.

1. Permits may be suspended or revoked in accordance with the procedures outlined in the State Administrative Procedures Act, CRS 24-4-104 and 105.

2. When a permit is revoked, all recovered materials, catalogues, maps, field notes, and other records necessary to identify the same shall be surrendered immediately to the society.

I. Permittees must allow inspection of excavation projects and recovered materials by the state archaeologist or his/her designee.

J. Reports required

1. The permittee shall submit an end-of-year report detailing activities conducted under the permit during the previous calendar year. This end-of-year report is required by December 31, and shall include the following:

a. A bibliography of reports on all projects conducted partially or wholly on state lands, and on projects conducted on private land under state permit. Each bibliographic entry shall indicate the county in which field work took place.

b. A listing of all sites and isolated finds recorded on state lands; a catalog of all materials collected on state lands and the name of the repository in which the materials are curated.

c. A brief summary of work in progress.

2. The permittee shall submit report(s) detailing the results of investigations on state land, and on private land under state permit.

a. Preliminary report

A preliminary or progress report is required by December 31 of the year in which the investigations begin, and annually thereafter for multi-year projects.

b. Final report

A final report must be submitted within three years after the conclusion of field work. Final reports should meet the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation (Federal Register 48(190), September 29, 1983).

3. All reports will be reviewed by the state archaeologist, or his/her staff designee, who will notify the permittee in writing of the acceptance or rejection of the report. End-of-year reports and preliminary reports will be reviewed by January 31; final reports will be reviewed within 90 days of receipt. Rejected reports will be returned to the permittee for correction and resubmission. The society through the state archaeologist will consider reporting requirements not satisfied until all reports are accepted.

4. Should a permittee challenge the rejection of a report, the society through the state archaeologist shall convene an advisory peer panel to review the report in questions, shall take into account the panel's recommendations, and shall provide the permittee with written results of the peer review. After such review, the society through the state archaeologist has the option of upholding or altering a previous determination, and shall notify the permittee accordingly.

5. Within 60 days, subsequent to the notice specified above, a permittee may request a hearing before the society or an administrative law judge, as provided in Section 24-4-105.

K. Permit calendar and duration

1. The usual duration of "Survey only" and "Survey and Test Excavation" permits will be from March 1 through February 28 (29) of the following year; however, applicants may apply for permits at: any time. All such permits will expire on February 28 (29). Excavation permits may be issued at any time for a period not to exceed 14 months.

2. All permittees shall submit the required reports on work conducted under permit by December 31. No permittee who has failed to submit a report, or whose report has been rejected, shall receive a new permit until conditions of the prior permit have been met.

3. On January 31, the society through the state archaeologist shall notify all permittees as to whether reports have been received and, if so, whether they have been accepted. Permittees whose reports are rejected shall be notified of a deadline for resubmission.

L. The state of Colorado, including its agencies and employees, shall be held harmless for any and all events, deeds or mishaps resulting from the activities of the permittee, regardless of whether or not they arise from operations authorized under the permit.

M. Permit infraction

1. Failure to adhere to any of the terms and conditions specified in Section 7 is cause for revoking the permit at any time.

2. Permits will be suspended or revoked in accordance with CRS 24-4-104.

3. No revocation shall be lawful unless the society has given the permittee notice in writing of facts or conduct that may warrant such action, afforded the permittee opportunity to submit written data, views, and arguments with respect to such facts or conduct, and, except in cases of deliberate and willful violation, given the permittee a reasonable opportunity to comply with all lawful requirements.

8 CCR 1504-7-7

40 CR 13, July 10, 2017, effective 8/1/2017