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combined estimated land values of more than what is available in county bond funds. As a result, the site would need to "out:compete ' environmentally significant sites already on LAAC's acquisition list and may or may not be selected for funding. ■ Incorporation of archaeological conservation areas in development design The next most effective means of archaeological resource conservation would be to require the developer to preserve areas of documented archaeological resources in conserved green space. County regulations, however, do not require a developer to conserve all archaeological resources on site in green space, particularly if it would unreasonably impede development. Given the area of documented archaeological resources on the site, as well as other development constraints (i.e., the 4.30 -acre wetland), it is not feasible to require that the overall archaeological resource area be left undisturbed. In the case of The Inlet at Sebastian, the developer is preserving a significant portion of the archaeological midden in green space (i.e., the portion of the midden east of Indian River Drive). • Intensive cultural resources assessment The greatest threat to archaeological resources is excavation. Placement of fill over a relatively undisturbed site is not necessarily detrimental to the resources, so long as continued access to the resources is maintained for future study. If future access to the resources (or a portion thereof) is not feasible due to development design, then the resource areas that will become inaccessible should be filly investigated and documented, prior to or during the course of construction, with artifacts removed and catalogued (i.e , a Phase III assessment). Regarding The Inlet at Sebastian, the area of development along the west side of Indian River Drive will entail excavation and future inaccessibility to the portion of the archaeological midden on that side of Indian River Drive. Summary Given the characteristics of the project and the alternatives described herein, it is staff's position that two actions should be required of the developer to protect or mitigate archaeological resources at The Inlet at Sebastian. The first action is to require formal conservation (via a conservation easement) of the midden area east of Indian River Drive. The second action is to require, prior to construction, an intensive cultural resources assessment of the overall project development area west of Indian River Drive. RECOMMENDATION Staff recommends that the Board of County Commissioners concur with the HRAC's recommendations and require the following conditions of site plan approval of The Inlet at Sebastian project: 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 `extraordinary 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. JULY 2, 2002 -66- 5