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• BRAC Recommendations On June 20, 2002, the HRAC considered the project and voted 3 to 0 to make the following recommendations to the Board of County Commissioners (paraphrased): That the developer: 1. Record a County conservation easement over the portion of the shell midden east of Indian River Drive, with language included in the conservation easement specifically referencing enforcement penalties in the event of a violation of easement conditions; and 2. Obtain, prior to construction, an intensive cultural resource assessment survey (up to and including a "Phase III" assessment, if warranted by findings) of the archaeological area west of Indian River Drive that will be disturbed and inaccessible in the future; and 3. Overlay on the site development plan, prior to construction, the location of the archaeological shell midden and coordinate with county environmental planning staff to "field -adjust" development design to protect "extraordmary resources" as warranted. "Extraordinary resources ' refers to archaeological resources of such significance that preservation (vs. excavation and study) is warranted, as determined by a certified archaeologist with concurrence from the State Historic Preservation Officer (SHPO). If "extraordinary resources" are found and cannot be protected via field adjustment of project design under the current site plan, then the project shall be subject to further HRAC review and recommendations prior to construction. As structured, the HRAC is advisory to the Board of County Commissioners. It is the Board that has final authority regarding archaeological resource protection. For that reason, this matter is being presented to the Board for consideration. ANALYSIS Archaeolonist Recommendations Environmental Services, Inc. (ESI), based in Jacksonville, conducted a preliminary archaeological reconnaissance survey of the property.l. his survey consisted of a "walkover" and limited shovel testing. As a result of that investigation, ESI found prehistoric and historic artifacts in a —1,800 square -meter shell midden on the east portion of the property (see Attachments # 3 and # 4). According to the preliminary report, the shell midden dates from 500 B.C. to 1900 A.D. The summary of the report indicates that "based on surface observations and limited testing, most of the [overall development site] may require shovel testing as part of an intensive cultural resource assessment survey." The report summary also indicates "if a [more intensive] survey is conducted, it is anticipated that significant historical resources requiring additional work may be encountered." Since the preliminary reconnaissance survey, ESI has conducted a "more intensive" survey of the property (see Attachment # 5). That report indicates that a —200 square meter portion of the midden (just west of Indian River Drive on the south portion of the project) warrants further study prior to project construction. Alternatives When the HRAC reviewed the project, the HRAC considered the following three alternatives in formulating its recommendations on archaeological resources protection at the subject property. The alternatives are described herein as presented to the HRAC with staff's analysis. ■ Public acquisition The most effective means to protect archaeological resources on a site is public acquisition. There are, however, significant economic constraints to acquiring "The Inlet at Sebastian" property. Wille the subject property's environmental characteristics satisfy minimum criteria established by the County for acquisition with County environmental land bond funds, the County's environmental lands program is based on "willing sellers," and the applicant is under no obligation to sell his property for public conservation. Moreover, the County Land Acquisition Advisory Committee (LAAC) has already established a land acquisition list with JULY 2, 2002 6 t • 1'', r' rn -65-