ministerial order 237/2014 - british columbia

M 237

PROVINCE OF BRITISH COLUMBIA

ORDER OF THE MINISTER OF FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS

Ministerial Order No. __

Under section 14 (4) (d) of the Heritage Conservation Act, I order 3C1 B Developments Ltd. to conduct a heritage investigation of its proposed 5 lot subdivision described as:

Lot 1, except part in Reference Plan 2718, Block L, District Lot 1423, Plan 5705 Jurisdiction: 330 District of Powell River, located at 3583 Marine Avenue, Grief Point, within the City of Powell River.

Further, under section 14 (7) of the Heritage Conservation Act, as this order relates to the subdivision of land, I order 3C1B Developments Ltd. to pay for the heritage investigation.

The purpose of the heritage investigation is to identify archaeological sites protected in accordance with section 13 (2) of the Heritage Conservation Act, assess their heritage value, determine the magnitude of development related impacts and formulate archaeological resource management options. The heritage investigation must be carried out in an expeditious manner by a professional archaeologist eligible to hold a heritage permit under section 14 of the Heritage Conservation Act. All work must conform to the "Application for Permit" dated April 22, 2014, (Archaeology Branch file number 11200-30/14A0196) and attached to this order.

This order expires June 30, 2015.

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Date

1

Template revised October 13, 2010

HERITAGE CONSERVATION ACT

APPLICATION FOR PERMIT

The undersigned ........Vivian................................................................................Brian............................................ (Surname) (Given names)

of .. .................411 Machleary Street, Nanaimo, B.C. V9R 2H1........................................................................................ (Address)

hereby applies for a permit, under section 14 of the Heritage Conservation Act, to carry out: A Heritage Inspection A Heritage Investigation

in accordance with the information requested on the reverse of this form.

GENERAL TERMS AND CONDITIONS OF PERMIT

1. Permits shall be valid for the term stipulated on the front of the permit unless otherwise suspended or cancelled. Extensions to the term of the permit, or other amendments, will be considered upon submission of an application to the Archaeology Branch at least 30 days prior to the expiry date of the permit.

2. For projects other than oil and gas projects in northeastern BC, the permit-holder shall provide the Archaeology Branch with one (1) bound copy and one (1) electronic copy in PDF format of a written report, in accordance with the standards required by the Minister, outlining the work carried out under the terms of the permit. For oil and gas projects in northeastern BC, the permit-holder shall provide the Oil and Gas Commission with one (1) electronic copy in PDF format for review and acceptance prior to submitting one (1) bound copy and one (1) electronic copy in PDF format to the Archaeology Branch.

3. The title page of all reports must indicate the name(s) of the copyright owner(s) and, where agreed to, a Grant of License statement completed and signed by the copyright owner(s).

4. A person appointed by the branch may at any time inspect any aspect of a project conducted under the terms of this permit. To further their inspection, the appointee may conduct excavations within the study area. Notwithstanding the expiration or earlier termination of the term of the permit this provision will remain and continue in full force and effect.

5. Upon completion of any inspection or investigation involving excavations, the permit-holder shall make reasonable efforts to ensure all sites are restored as nearly as possible to their former condition.

6. The permit-holder shall arrange for a secure repository to curate any materials recovered under authority of the permit.

7. Heritage objects and associated materials recovered under authority of the permit may not be sold or exchanged for financial gain. Any other transfer of heritage objects, materials and records, or changes to the conditions identified

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under the "Disposition of materials collected..." section of the permit, may only be carried out with prior consent of the Minister.

8. The permit-holder shall conform to all requirements that may be imposed by the institution or organization named in the "Disposition of materials collected..." section of the permit.

9. Notwithstanding expiration or earlier termination of the term of the permit, provisions with respect to the "Disposition of materials collected ..." section shall remain and continue in full force and effect.

10. The permit-holder shall utilize any site recording forms, formats or systems required by the Minister. All sites must be recorded on a BC Archaeological Site Inventory Form and submitted to the Archaeology Branch.

11. A permit issued under section 14(2) does not authorize entry onto land or into a building without the permission of the owner or occupier.

12. For heritage inspection permits, the permit-holder shall submit spatial information (as a shape file in accordance with the standards required by the Minister) of all study areas that were the subject of in-field inspections.

13. Any other conditions that may be specified in the permit.

PROJECT DESCRIPTION (Provide full information under appropriate headings)

1. Type of project: Research Resource Management

Impact Assessment (See 3.A below) (See 3.B below)

2. Location of project:

The project is located on 3.84 acres of private waterfront property at 3583 Marine Avenue Grief Point, within the City of

Powell River on the Sunshine Coast. The subject property is legally described as Lot 1, except part in Reference Plan

2718, Block L, District Lot 1423, Plan 5705 Jurisdiction: 330 District of Powell River. While no detailed specific plans

have been forwarded, the subject property is currently for sale and under consideration for subdivision development of a

5 waterfront lots. This application for assessment has been initiated by the real estate listing agent Warren Behan of

Coast Realty on behalf of:

3C1B Developments Ltd. #1 - 7045 Field Street Powell River, BC V8A 0A1 This property was the location of a Catholic Convent known as Mater Ecclessiae Convent and home of the Missionary

Sisters of Jesus of Nazarath from the 1960’s until recently. The property contains the main convent building (living

quarters), a caretaker cottage, garage and gardens.

The subject property is entirely situated within a portion of recorded archaeological site DkSd-1,known as the ‘Grief

Point Site’. DkSd-1 is the landward portion of a site complex considered in association with the intertidal feature

component recorded separately as DkSd-6. DkSd-1 was initially recorded in 1971 is estimated to measure 1036 metres

N/S and 230 metres E/W. Together, these sites measure approximately 3km N/S by 300 metres E/W.

Acheson and Riley surveyed the Powell River and Sechelt Districts in 1976 and noted the Grief Point site as a ‘scale 3

site’ meaning >10,000 cubic metres in size and quantified it as an, “Occupation site, extensive stone fish traps, canoe

runs, large collection of known finds. Some areas remain in good condition (1976:15)”. DkSd-1 has been subjected to

only one assessment of a single family dwelling lot since 1976 (Baseline, 2011-0158) which was conducted

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approximately 600 metres to the south of the current study area. The northern periphery of DkSd-1 and DkSd-6 was

surveyed during a 2002 assessment but was not the focus of Dady and Mathews study of the phased Westview Seawalk

Development (2002). While Acheson and Riley suggest extensive intertidal features, occupation evidence in the form of

observed deep deposits, and note human remains (DkSd-1 site form), the lack of systematic archaeological study which

has occurred to date currently results in a poor understanding of the extent and nature of this site.

Figure 1. Location of study area.

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Figure 2. Location of subject property in relation to archaeological sites DkSd-1/DkSd-6.

3. Scope:

B. Resource Management (refer to impact assessment guide)

i. Development type, facilities, and schedule.

In accordance with the Archaeological Impact Assessment Guidelines (Apland and Kenny, 1998) the objectives of the AIA are to: 1. identify and evaluate archaeological resources located within the project area; 2. identify and evaluate all impacts by the proposed development on identified archaeological resources; 3. recommend a heritage management strategy for avoiding archaeological resources and if unavoidable, recommend measures for managing adverse impacts to archaeological resources.

The extent, nature and integrity of DkSd-1 is poorly understood at this time; testing the portion of DkSd-1 located within

the legal surveyed boundaries of 3583 Marine Avenue is required to confirm site boundaries, and asses the significance

of DkSd-1, in order to minimize potential impacts to archaeological resources.

Testing will help to identify the nature (site type), determine the extent of DkSd-1 within the subject property and finally

determine the integrity of the archaeological deposits. If archaeological sites or features are present, appropriate

recommendations will be forwarded to advise on future proposed development location(s), and if not possible, to avoid

and reduce impacts to archaeological resources. The Archaeology Branch will issue Management Recommendations,

based on the findings of this assessment.

If the proposed AIA results show the subject property is found to be within the boundaries of DkSd-1 and development

plans are advanced that can not avoid the archaeological site through project re-design, a separate application for a site

alteration permit will be submitted before any alterations are made to DkSd-1.

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Figure 3. Legal survey of 3583 Marine Avenue.

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Figure 4: Study Area.

Study Area - 3583 Marine Ave, Grief Point, Powell River

3583 Marine Ave Project Location

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ii. Type of program and methodology:

a) Inventory (inspection permits only)

survey sampling design and methodology

Background Review

Comprehensive background research will be conducted to inform archaeological potential. This review will consist of

records and documents search in RAAD and PARL. Involved First Nation communities will be invited to contribute

any data held within the Treaty office and both the Powell River Museum.

b) Assessment (inspection permits only)

Systematic surface collection design and methodology

Survey Methodology

Site discovery techniques will be carried out by a field crew consisting of Colleen Parsley and/or Brian Vivian and

representatives from involved First Nation(s) if available and at the discretion of the client.

A systematic pedestrian survey of the study area will visually inspect all the available ground surface. Intertidal zones

will be visually inspected during low tide. All available exposures and cutbanks will be inspected for evidence of

subsurface archaeological deposits. Pedestrian survey traverses will be spaced 5-20 metres apart contingent upon

terrain and visibility. Detailed field records will be kept and observations will be recorded and maintained in a

fieldbook. Survey areas will be photographed and all photographs will be recorded in a photo log.

If compacted areas (i.e. parking lot) or areas with extensive overburden are found which prevents shovel testing/or

augering assessment, a backhoe equipped with a clean up bucket may be used (if available) under the monitoring

supervision of the field director to remove overburden or impacted deposits in order to access and test buried

archaeological deposits by hand.

With the exception of intertidal zones, locations containing physical characteristics supportive of archaeological site

development will be shovel tested and/or augered as a site discovery technique to identify potentially buried subsurface

archaeological deposits (see expected site types below). Landforms supportive of archaeological site formation (rock

shelters, crevices, rock cairns, mounds, depressions, intertidal zones, mature forested areas, the tops of ridges, terraces

adjacent to watercourses, valley bottoms, or any prominent landscape feature or landmark) will be targeted for

intensive surface inspection and if warranted, subjected to subsurface testing. The Archaeology Branch’s quantitative

analysis tool for test locations (Site Identification Probabilities spreadsheet) will be used to ensure appropriate number

of tests/m² for areas with moderate to high archaeological potential. Shovel tests will be recorded and described in a

field log using waterproof paper. Shovel tests will be spaced 15 m. apart in areas of continuous cultural deposit. Tests

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will be 30x30 cm. wide or larger and dug to sterile deposits. If necessary, an auger will be employed at depths not

feasibly reached by shovel to find depth below surface of basal sterile deposits. Shovel testing will be used to define

the horizontal and vertical extent of the targeted archaeological site DkSd-1 within the boundaries of 3583 Marine

Avenue only. The horizontal site boundary will be established by four negative shovel tests spaced at cardinal

directions using 5 m. intervals from the last positive subsurface test (or as appropriate). Depth of the site will be

determined where possible, by excavating to sterile deposits.Test locations will be numbered, described in relation to

size, stratigraphy, number of tests, and a representative sample will be photographed.

The physical extent of the landform and area of archaeological potential, as well as the distribution of identified

archaeological material, will be explicitly considered in determining site boundaries where the site contains

discontinuous, buried archaeological deposits. Topographical features targeted as areas of potential during the study

include: terrace and ridge locations adjacent to watercourses; locations containing culturally modified trees (CMTs

discussed further below); elevated paleo beach terraces identified through exposure of marine sedimentation (see

below). Cultural depressions, cultural platforms, and any identified terraformed features will be tested.

Sterile deposits are defined as bedrock or glacial sediments. All soils from shovel testing regime will be screened

through ¼ inch mesh. Any cultural material recovered either from visual surface assessment or shovel testing regime

will be collected, bagged, and provenience labeled with the exception of fire broken rock which will be quantified only.

Artifacts found on the surface outside areas of proposed impact may be left in situ unless considered at risk for impact.

Locations lacking physical features supportive of archaeological potential such as sloping areas, exposed bedrock, will

be visually inspected but may not be subsurface tested.

Expected site types include subsistence sites, burial sites, culturally modified trees, inland shell middens, rock art sites,

intertidal features, lithic and faunal scatters discussed below.

Paleo Beach Terraces

Locations of the earliest occupations in the south coast are likely to be located in higher elevation paleo beach terraces

(Parsley, 2013). Alternately, there is some archaeological potential for sub tidal locations within approximately 4.0

metres of present sea level (Mackie et al, 2011:179).

Burials and Human Remains

It is expected that human remains will be present in the study area. Rock shelter burials, burials found in crevices,

caves within 20 meters of the shoreline are frequently found distributed throughout the region. This burial type may be

interpreted as a result of smallpox epidemics due to the high number of deaths, as confirmed by the oral histories of

First Nation communities in the region. Such features were observed in the Desolation Sound region to the north of the

study area during an archaeological inventory study (Mathews, 2002) where metal adze marks attributed to the historic

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period were found on remains of cedar burial boxes. During a PFR of the same area in 2012 conducted by the author,

remains of a burial box located in a rock crevice near Call Bight was recorded.

If human remains are found, the Archaeology Branch’s Found Human Remains (September 22, 1999) protocol will be

followed. The area surrounding the remains will be secured with an appropriate cover and the surrounding area flagged

off. The remains will be left in situ and work will immediately stop until the project contact for each involved First

Nation community and the Project Officer at the Archaeology Branch are notified and the respective authorities give

further instruction on how to proceed.

If ancient human remains are found to be at-risk of either erosion or exposure to further disturbance (e.g. identified on

the surface), care will be taken to record basic osteological information such as provenience, skeletal elements present,

condition, sex, position, age, and any other visual information ascertained without disturbance of the burial feature;

provided that consent is given from above mentioned authorities. Any associated features or artifacts will be left

undisturbed in original context unless otherwise notified by the project contact for each First Nation or the Archaeology

Branch.

Culturally Modified Trees

If more than 10 CMTs are identified, methodology for Stage 1 (Site Assessment) will be followed as outlined in Muir

and Moon (19-20:2000) to record a representative sample of culturally modified trees if the number of CMTs present

warrants a sampling strategy. If 10 or less CMTs are identified each will be recorded (Level 2) following provincial

standards outlined in Culturally Modifed Trees of British Columbia Handbook (v. 2.0, 2001).

Cairns and Mounds

To determine whether a cairn or mound is of cultural significance and potentially associated with the known human

burial pattern of the Northwest Coast the following methodology is proposed: visual inspection followed by assessment

of vegetation such as moss, plants, and modern soils to determine age and comparison of structure morphology of

known cairn techniques as identified by Mathews 2006 and Smith and Fowke 1901. If visual inspection results are

indeterminate, the cairn may be carefully recorded and disassembled to examine the contents and internal structure. If a

cairn or mound burial feature is positively identified, by either cremated or uncremated skeletal remains, burnt shell

and/or bone, ash, wood, charcoal, or a void cavity that may have contained a burial that succumbed to taphonomic

processes, the inspection will cease and the above outlined procedure for identification of human remains will follow.

If a cairn is identified and its cultural association is indeterminate, the cairn will be restored to its original state.

Subsistence Sites

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Given DkSd-1 is situated in a level, low elevation and relatively level shoreline setting, it is expected that Grief Point is

an ancient subsistence site.

All shovel and/or auger tests and any identified cultural surficial features will be mapped using compass and/or

handheld gps (5.0m accuracy) and UTM coordinates recorded. Sites may be flagged temporarily to assist in mapping

and photographing features but all flagging will be removed and the area returned to it’s natural state to leave features

anonymous within their setting.

Other measures to assess the quantitative and qualitative dimensions of the site include mapping cultural features using

compass bearings and a hip chain to record distance and primary dimensions (length, width and depth) from an

establishment of a datum point,

Subsurface evaluation will assess vertical extent of cultural soils and if encountered, carbon samples from cultural

contexts may be collected for carbon dating.Visible features and artifacts will be photographed and mapped in situ.

Rock Art Sites

Rock art sites are found throughout the region. Mathews and Dady (2002, see reference below) recorded a number of

petroglyphs and petroforms in the intertidal zone from Grief Point north towards Westview in the City of Powell River

commencing approximately 500 metres north at the base of Oliver Street (2002:10) from the current study area.

If identified, any rock art observed will be photographed using non-invasive digital photography and D-stretch analysis

according to methodology established by Jon Harmon, 2005 in his article, Using Decorrelation Stretch to Enhance

Rock Art Images presented at the Society for California Archaeology (April 23, 2005) http://www.dstretch.com/. UTM

coordinates will be recorded and a sitemap drawn for each rock art location encountered.

Intertidal Features

Intertidal features are a commonly found site type in the region. Intertidal features have been found on the northern

portion of Gillies Bay (Acheson, 1992). Expected types of intertidal features include petrofoms such canoe skids, clam

gardens, and fish traps. Every attempt will be made to visually inspect the intertidal zone during low tides. Any

observed unrecorded intertidal features will be photographed and mapped.

evaluative testing design and methodology

Evaluative units will not be excavated in situations where: the subsurface deposits of an archaeological site have

proven by testing to be shallow and no additional information will likely be gained over and above data already

gathered by subsurface testing; in situations where shovel tests have indicated all if not the majority of the deposits

have been disturbed by previous impacts; in locations where no further impacts are proposed. Disturbance will be

identified by the lack of stratified matrices and/or observed mixing of modern debris with precontact cultural

http://www.dstretch.com/

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material(s), or subsurface features associated with modern activities such as buried infrastructure or related features. If

no evaluative units are conducted at DkSd-1, a rationale will be be provided in the report.

One or more evaluative units (EU) will be excavated by hand if stratigraphically complex intact deposits are identified

to document the significance and integrity of deposits. Evaluative units will measure 1.0 x 1.0 m. however in

constrained or in locations where a larger EU is not appropriate, 0.5 x 0.5 m. EU may be excavated. All evaluative

units will be excavated in 10 cm. arbitrary levels. All excavated deposits will be screened using ¼ inch mesh.

Evaluative unit(s) will be mapped individually and each EU location(s) will be identified on a sitemap. Stratigraphy

will be described and at least two adjacent profiles will be drawn and photographed for each evaluative unit. If cultural

strata is identified a bulk soil sample may be collected for analysis by Pacific Identification. Any vertebrate faunal

remains identified will be collected for analysis.

significance evaluation scheme

Archaeological Impact Assessment Guidelines (Appendix D) will be used to evaluate site significance based on

scientific, public and where appropriate, economic criteria. First Nation communities in the region may wish to have

the opportunity to comment on ethnic significance [ B.C. Archaeological Impact Assessment Guidelines (Archaeology

Branch 1998)].

impact assessment scheme

Impacts to identified archaeological sites within the study area will be studied in relation to future development.

Recreational use and potential increased risk of pot-hunting and will be assessed according to the nature of each impact

and each respective site.

methods and techniques for data analysis

The field data collected will be digitized using GIS software ArcMap 9.3 to convey all archaeological features,

landforms, subsurface tests, survey coverage, existing facilities, and recent disturbances and these results will be

included in the final report. Updated BC Archaeological Site Inventory Forms will be completed and submitted to the

Inventory Section of the Archaeology Branch.

All artifacts will be catalogued and significant or diagnostic artifacts will be photographed. Faunal material will be

identified to species or lowest possible taxa and quantified (where possible) to element. Note will be made of

butchering patterns when possible. Gay Frederick and/or Susan Crockford of Pacific Identifications or another qualified

individual will conduct faunal identification and analysis. Results from the completed analysis will be named and

credited in the final report.

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Catalogued artifacts will be described by material, form, size and function; all lithic material will be analyzed. An

attempt to fit the assemblage to an established cultural phase will be made. If a carbon sample is identified in a

stratified, undisturbed cultural context, the sample will be collected for radiometric analysis to be conducted by a

qualified firm (e.g. Beta Analytical Inc.). The sample may leave the province and Canada for analysis if the chosen

qualified firm is located outside of Canada. If obsidian is identified, it will be collected for source analysis by a

qualified firm (e.g. Northwest Research Obsidian Studies Laboratory). The obsidian sample may leave the province and

Canada for analysis if the chosen qualified firm is located outside of Canada.

In collaboration with Archaeology Branch personnel and project representatives from involved First Nation(s), the

results of this assessment will be submitted to and provide cultural resource management recommendations for the

Archaeology Branch. The Archaeology Branch will inform the proponent of any decision(s) pertaining to the proposed

construction as the authority for all management decisions pertaining to archaeological sites in the province.

The final report will follow these guidelines and any other required as according to the standards and procedures

outlined by the Archaeology Branch and BC Association of Professional Archaeologists.

Copies of the report will be submitted to the Archaeology Branch, and each First Nation community whose traditional

territory the study area is located within.

iii. Relation of project to previous work or other work in progress.

Table 1: Previous Archaeological Studies Region Borden # Study Type Reference

Powell River and Sechelt Districts DkSd-1 (including) Regional Survey

Acheson and Riley, 1976-007a. Gulf of Georgia

Archaeological Survey: Powell River and Sechelt Regional Districts.

Grief Point, Powell River DkSd-1, DkSd-6 AIA Mathews and Dady, 2002-0366. The Westview Seawalk, Powell River, B.C.:Archaeological Impact Assessment of a Portion of DkSd-001/DkSd-006.

Grief Point, Powell River DkSd-1 AIA Baseline, 2011-0158. Final Report for the Archaeological Impact Assessment of 3431 Tweedsmuir Avenue, Powell River, BC.

Willingdon Beach, Powell River n/a AIA Mason, Andrew (Golder & Assoc.) 1996-211. Archaeological Impact Assessment of the Powell River Courthouse Property at 6953 Alberni Street, Powell River BC.

Lang Bay, Malaspina Peninsula DkSc-10 Excavation Chalmer (SFU), no publication date (est. 2009?).

Shelter Point, Texada Island DjSc-1 AIA Parsley, Colleen (Aquilla Archaeology) 2013-0162. Final Report for the Archaeological Impact Assessment of DjSc-1, Shelter Point, Texada Island, BC.

Previous archaeological studies are summarized in Table 1.

Little is actually known about archaeological site DkSd-1. Originally recorded based on surface exposures in 1976,

archaeological deposits were observed up to 2.0 metres in depth. Only the northerly extent of DkSd-1 was tested in

2002 where deposits were found to be very disturbed and relatively shallow. Pedestrian survey during the 2002 study

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noted a series of intertial petroform features including rock art, canoe skids and fish traps. The AIA conducted in 2011

at 3431 Tweedsmuir Avenue found all archaeological deposits to be disturbed.

4. Disposition of materials collected:

Artifacts will be curated at the Powell River Museum.

Coordinator: Teedie Kagume Curator: Debbie Dan

4798 Marine Avenue

Powell River, B.C.

Phone:(604) 485-2222 [email protected]

5. Financial support

Financial support will be provided by the proponent: Warren Behan on behalf of:

3C1B Developments Ltd. #1 - 7045 Field Street Powell River, BC V8A 0A1

6. Schedule of fieldwork and analysis Fieldwork will be scheduled immediately following issuance of the permit. A final report will be submitted to the

Archaeology Branch no later than June 30, 2015. 7. Field personnel: Field personnel will consist of Colleen Parsley (Field Director) and Brian Vivian. Additional Field Directors may

be added if required with the approval of the Archaeology Branch. First Nation communities identified by the Archaeology Branch will be contacted with the request of providing a

representative to participate on the field crew contingent on both availability and discretion of the proponent. 8. Previous permits held by applicant: On file with the Archaeology Branch. 9. Applicant's resume:

Curriculum vitae is on file with the Archaeology Branch.

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CONSENT TO THE USE OF PERSONAL INFORMATION

Permit applicants and their clients must consent to the use of personal information such as names, addresses, and telephone numbers that is included in permit applications, site inventory fonns or permit reports. However, consent is not required from representatives of corporate clients. Property owners must also consent to the use of this information if the application applies to private property. This consent is necessary as the Archaeology Branch collects and distributes personal information that is subject to the Freedom of lnfonnation and Protection of Privacy Act.

I consent to the use of personal information contained in this application, as well as the personal information contained in the resulting site inventory form and permit report, for contact and verification purposes. I understand this information will be retained in the provincial archaeological site database and permit report . I also understand this information may be disclosed to researchers, consulting archaeologists and other users of the database and permit report. Database users must identifY themselves and the purpose of their information request, and are precluded from further distribution of the information they obtain. The permit report will be publicly available once it has been accepted as meeting permit tenns and conditions.

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PERMIT APPLICANT'S CERTIFICATION

I certify that I am familiar with the provis ions of the Heritage Conservation Aci of British Columbia, and that I will abide by the terms and conditions listed on the front hereof, or any other conditions the Minister may impose,

as empowered by said ACI.

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ministerial order 237/2014 - british columbia

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