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HomeMy WebLinkAboutRE Cabo Verde Tract (2)Dr. Parsons – I have another question related to the Cabo Verde tract (BR 1936) in Cape Canaveral. First, let me spell out the issue and share several observations. On August 8, 2014, the City received the attached letter from the Brevard County Historical Commission regarding its recommendation for further archaeological analysis of the entire property on which the BR 1936 site is located. The impetus for the Commission’s letter is the proposed development of the northeast portion of the Cabo Verde Tract, adjacent to A1A. The Commission indicates in its letter that the “2006 survey did not test the entire property going to the east, towards Highway A1A.” This is their justification for further analysis. However, in Section I. Introduction, of the Cultural Resource Assessment Survey of the Cabo Verde Tract (Study), which is attached, it states that the survey includes a 10.61 acre property, between U.S. 1 and the Banana River. Further, page 2 (Project Location Map) and page 5 (Soils Map) of the Survey shows the project boundary, which includes the area from the river to A1A (U.S. 1). In fact, page 21 of the Survey shows that several sites (BR 1939 & BR 1940) on the extreme east end of the study area, adjacent to A1A were evaluated. My understanding is that no further investigation is required of the 10.61 acre Cabo Verde Tract prior to its development. Should any research be conducted of the Cabo Verde Tract, it will be voluntary on the part of the property owner. This understanding is largely based on the position you articulate in your email below. Now for my question…would you agree that no further investigation within the 10.61 acre project area is required prior to its development? Should you have any questions or would like to discuss this further, please call me at (321)868-1221, ext. 11. Thank you for your assistance with this. Dave From: Parsons, Timothy A. [mailto:Timothy.Parsons@dos.myflorida.com] Sent: Friday, September 19, 2014 3:03 PM To: David Dickey Subject: RE: Cabo Verde Tract Yes, that is correct (though we recommend avoidance of the site whenever possible). The exception would be if human remains or significant amounts of archaeological material were to be uncovered during development. At that point, Ch. 872.05 requires consultation with the Division regarding human remains, and most state/federal permits contain conditions requiring notification if archaeological material is discovered. Any research that takes place at this point is voluntary, would be a collaboration between the property owner and the researcher(s), and does not involve DHR. Though, if any archaeological work does take place, we would be pleased to receive an updated Site File form and a copy of the report for our records. Tim Timothy Parsons, Ph.D., RPA Compliance Review Supervisor | Deputy State Historic Preservation Officer | Bureau of Historic Preservation | Division of Historical Resources | Florida Department of State | 500 South Bronough Street | Tallahassee, Florida 32399 | 850.245.6333 | 1.800.847.7278 <tel:1.800.847.7278> | Fax: 850.245.6439 <tel:850.245.6439> | www.flheritage.com <http://www.flheritage.com/> From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Friday, September 19, 2014 2:40 PM To: Parsons, Timothy A. Subject: RE: Cabo Verde Tract Dr. Parsons - Thank you for your quick response. My understanding of your email is that if a site has been determined to be ineligible for listing, the State will not require protective measures be taken during its development. And, any further investigation or protection once a finding of ineligible has been made, will be voluntary on the part of the property owner. Is that correct? Thanks! Dave From: Parsons, Timothy A. [mailto:Timothy.Parsons@dos.myflorida.com] Sent: Friday, September 19, 2014 1:06 PM To: David Dickey Cc: Todd Morley; David Greene Subject: RE: Cabo Verde Tract Good afternoon, BR1936 is the only archaeological site recorded as part of the 2006 survey of the Cabo Verde Tract. The site was evaluated as ineligible for listing on the National Register at that time, as I noted in my letter to Mr. Osborne in 2013. Unless a state or federal permit (Water Management District, Corps of Engineers, DEP) will be necessary for the development, no further review by the Division of Historical Resources is required under law. If a permit is required, we will review it for impacts to eligible sites pursuant to Ch. 267, Florida Statutes, and/or Section 106 of the National Historic Preservation Act of 1966. Since the site was determined to be ineligible in 2006, it is unlikely that my office would request any specific course of action as regards the preservation or investigation of the site. That said, we obviously have no objection to further investigation of the site before it is destroyed, as long as such a project involves a professional archaeologist and proceeds with the permission of the landowner. It is not unusual for human remains to be present at archaeological sites in Volusia County (and along this stretch of coast generally). If human remains were to be encountered during development regardless of eligibility status, all work must stop and notification procedures to law enforcement and the State Archaeologists office must be followed pursuant to Ch. 872.05, Florida Statutes. I hope that this has been helpful. Please let me know if I can answer any other questions. Best, Tim Timothy Parsons, Ph.D., RPA Compliance Review Supervisor | Deputy State Historic Preservation Officer | Bureau of Historic Preservation | Division of Historical Resources | Florida Department of State | 500 South Bronough Street | Tallahassee, Florida 32399 | 850.245.6333 | 1.800.847.7278 <tel:1.800.847.7278> | Fax: 850.245.6439 <tel:850.245.6439> | www.flheritage.com <http://www.flheritage.com/> From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Thursday, September 18, 2014 2:18 PM To: Parsons, Timothy A. Cc: Todd Morley; David Greene Subject: Cabo Verde Tract Dr. Parsons – by way of this email I would request your assistance in determining the status of the Cabo Verde Tract (BR 1936) that is within the city limits of Cape Canaveral. The City has received a development application for a site that may include a portion(s) of the Cabo Verde Tract. As part of the City’s due diligence, we are reaching out to your office to: 1- determine what resources are on the site; 2- if these resources are of a quality to warrant preservation; and, if so, 3 - what measures are required by the State to protect these resources. In the attached letter you indicate that site BR 1936 is ineligible for the National Register of Historic Places. I have also included a letter (below) from Mr. Frederick Gaske, with the State Historic Preservation Office, dated June 1, 2006, where he states his office concurs with the finding by Environmental Services, Inc. that development of the Cabo Verde site “will have no effect on cultural resources listed or eligible to be listed in the NRHP, or otherwise of historical, architectural, or archeological value.” Thank you for your assistance with this matter and I look forward to hearing from you. If it would be helpful, I can be available for a phone conference at any time. Dave Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing @ItsWorkingFL <https://twitter.com/ItsWorkingFL> The Department of State is committed to excellence. Please take our Customer Satisfaction Survey <http://survey.dos.state.fl.us/index.aspx?email=Timothy.Parsons@dos.myfl orida.com> . Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. 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