20150041 Ver 1_Attach G TRC Management Sum Sanford_20150224

50101 Governor's Drive
Suite 250
Chapel Hill, NC 27517
919.530.8446 PHONE
919.530.8525 Fax
www.TRCsolutions.com
August 8, 2014
Mr. Clement Riddle
Clearwater Environmental Consultants
224 South Grove Street #F
Hendersonville, North Carolina 28792
RE: Management Summary, Archaeological Survey at the Sanford Mine, Lee County, North
Carolina
Dear Mr. Riddle:
TRC Environmental Corporation (TRC) has completed the archaeological survey at the Sanford Mine in
Lee County, North Carolina. The field investigations were accomplished from July 17th through August
7th, 2014, under the direction of Brooke Kenline. Paul Webb served as Principal Investigator.
PROJECT DEFINITION
The archaeological survey included a total of 5 parcels (PIN #s 9655 -81- 9374 -00, 9655 -62- 2672 -00, 9654-
68- 2373 -00, 9654 -58- 2312 -00, and 9654 -38- 3247 -00) totaling approximately 250 acres of potentially
undisturbed land and situated east of Colon Road and north of both Brickyard and Post Office roads. The
work included shovel test excavations and surface surveys in areas where 50% or more of the ground
surface was visible. All shovel tests were described in terms of depth, stratigraphy, and artifact recovery,
and the texture and Munsell soil color of representative soils were recorded. The location of all shovel
tests and surface surveys were plotted on a project map. Standard procedures were followed when
archaeological sites were located to gather data on site size, location, integrity, and cultural affiliation.
These procedures include intensive surface inspection and/or the excavation of additional shovel tests at
10 -m to 15 -m intervals within project boundaries. The location and limits of the site were recorded and a
sketch map showing the location of all shovel tests was generated. The sites were photographed, general
notes were taken concerning site location and condition, and GPS readings were taken.
FIELDWORK RESULTS
The survey fieldwork included the excavation of 594 shovel tests and the surface survey of approximately
3,980 linear meters of dirt roads /logging trails with surface visibility greater than 50 %. Twenty five of the
excavated shovel tests produced prehistoric or historic period artifacts and eight surface collections were
made.
The survey identified a total of 12 archaeological sites, including seven low to moderate density
prehistoric lithic artifact scatters on eroded upland landforms, one isolated prehistoric artifacts, three late
19th to the late 20th century historic homesteads with low to moderate artifact densities, and one early to
mid -20th century historic cemetery (Figure 1; Table 1).

Table 1. Archaeological Sites Identified by the Sanford Mine Phase I Survey.
FS# Component(s) Shovel Tests Features Artifacts (including surface) NRHP Recommendation
Excavated Prehistoric Historic Lithics Ceramics Historic Total
1 Prehistoric: Unknown Lithic Scatter
14
2
0
0
2
0
0
2
Not Eligible
2 Prehistoric: Unknown Lithic Scatter
9
1
0
0
1
0
0
1
Not Eligible
3 Prehistoric: Unknown Middle/Late Archaic
21
1
0
0
100
0
0
100
Not Eligible
4 Prehistoric: Unknown Lithic Scatter
22
6
0
0
12
0
0
12
Not Eligible
5 Prehistoric: Unknown Lithic Scatter
20
1
0
0
131
0
0
131
Not Eligible
6 Prehistoric: Unknown Lithic Scatter
14
1
0
0
3
0
0
3
Not Eligible
7 Prehistoric: Unknown Lithic Scatter
30
6
0
0
11
0
0
11
Not Eligible
8 Historic: Early 20th Century
25
0
5
3
0
0
13
13
Not Eligible
9 Historic: Late 19th- Mid 20th Century
15
0
1
1
0
0
3
3
Not Eligible
10 Prehistoric: Unknown Lithic Scatter
14
2
0
0
2
0
1
3
Not Eligible
11 Historic; Early -Mid 20th Century Cemetery
0
0
0
4+
0
0
0
0
Not Eligible
12 Historic: Mid -Late 20th Century
0
0
0
0
0
0
0
0
Not Eligible
No diagnostic artifacts were recovered from seven of the eight prehistoric sites (Field Sites 1, 2, 4, 5, 6, 7,
and 10); the remaining site (Field Site 6) produced a rhyolite Savannah River projectile point and dates to
the Middle to Late Archaic period (ca. 5000 to 1000 B.C.). No prehistoric ceramics were recovered and
no features were identified at these sites. These eight sites lack integrity and the potential to provide
meaningful information concerning the prehistory of the area, and are recommended not eligible for the
National Register of Historic Places (National Register).
Historic sites identified within the project area vary in regard to integrity, occupation periods, and
function. Field Site 8 is an early 20th century farmstead with several features including a brick chimney
fall, surface refuse accumulation, and a possible well. Subsurface artifact density at the site is low. Field
Site 9 is a late 19thto mid -20th century farmstead site with a standing outbuilding with wood plank siding.
This site appears to be part of the agricultural hub of the farmstead and straddles the project boundary at
the southeastern border of parcel #9655 -62- 2672 -00. Field Site 12 is a mid to late 20th century domestic
site located on Colon Road. Although the remains of a brick chimney or structure are present, the site
appears to be severely disturbed and lacks research potential. None of these three sites possess research
potential, and all are recommended not eligible for the National Register.
The final site (Field Site 11) is an early to mid -20th century cemetery associated with the early 20th
century farmstead identified as Field Site 8. Although only one headstone and three metal markers were
located during fieldwork, the cemetery is believed to contain at least eight to twelve burials due to the
presence of rectangular depressions most likely associated with subsurface coffin collapse. The single
headstone is marked "MCKINLEY JOHNSON/DELAWARE/PVT 811 PIONEER INF /AUGUST 31,
1932." Archival research has identified a 1932 application for this military headstone, indicated that Mr.
Johnson was interred in Zion Hill Cemetery. This cemetery is currently not listed in the on -line Lee
County cemetery survey (hitp:Hcemeterycensus.com/nc /lee /index.htm). This cemetery is not considered
eligible for the National Register, but is protected by state statutes, as discussed below.
SUMMARY
The archaeological investigations at Sanford Mine have been completed in accordance with the project
proposal, and have identified a total of 12 archaeological sites within the project area. Laboratory analysis
and reporting are now in progress.
All 12 of the sites are recommended not eligible for the National Register, and no additional
archaeological investigations should be required prior to development of the property. The presumed Zion
Hill Cemetery (Field Site 11) is protected by North Carolina state statutes, however, minimally including
G.S. 14 -148 (Defacing or desecrating grave sites), 14 -149 (Desecrating, plowing over or covering up
graves; desecrating human remains), and Chapter 70, Article 3 (The Unmarked Human Burial and
Human Skeletal Remains Protection Act) (see attached).
2

As the cemetery likely contains both marked and unmarked graves, it is recommended that no ground -
disturbing activities be allowed within its boundaries, and that cemetery location and a surrounding 50-
foot buffer be marked in the field and shown on any pertinent property maps. In the event that any
disturbances are planned within the buffer area, additional investigations are recommended to ensure that
no graves are present in that area. In the event that the cemetery cannot be preserved in place, it should be
removed in accordance with North Carolina statutes.
Thank you for the opportunity to complete this work. Please do not hesitate to contact us at 919 530 -8446
or via email at bkenlinegtresolutions.com or pwebb&tresolutions.com if you have any questions or
would like any additional information prior to completion of the full report.
Sincerely,
Brooke Kenline
Field Director
(3,,,Q Q W.c�
Paul Webb
Principal Investigator/Project Manager

rl
Chi
C.
0
..0- ... Zvu .-.Uv --U
=rte '�
v
1:0-1
g'q 1 7
5
FS 12
4'
666700 666900 667100 667300 667500 667700 667900 668100 668300 668500
Figure 1. Archaeological Sites Identified within Project Area.
.19
SWIM
an or ine Phase
Archaeological Sites
Site Boundaries
Parcel Boundaries in
Project Area
Topographical Contours
Contour Interval 2 ft
N
0 45 90 180 270 360
Meters
669100 669300 665500 3159700

APPENDIX A. SELECTED NORTH CAROLINA GENERAL STATUTES RELATING TO CEMETERIES
§ 14 -148. Defacing or desecrating grave sites.
(a) It is unlawful to willfully:
(1) Throw, place or put any refuse, garbage or trash in or on any cemetery.
(2) Take away, disturb, vandalize, destroy or change the location of any stone, brick, iron or other
material or fence enclosing a cemetery without authorization of law or consent of the
surviving spouse or next of kin of the deceased.
(3) Take away, disturb, vandalize, destroy, or tamper with any shrubbery, flowers, plants or other
articles planted or placed within any cemetery to designate where human remains are interred
or to preserve and perpetuate the memory and name of any person, without authorization of
law or the consent of the surviving spouse or next of kin.
(b) The provisions of this section shall not apply to:
(1) Ordinary maintenance and care of a cemetery by the owner, caretaker, or other person acting to
facilitate cemetery operations by keeping the cemetery free from accumulated debris or other
signs of neglect.
(2) Conduct that is punishable under G.S. 14 -149.
(3) A professional archaeologist as defined in G.S. 70 -28(4) acting pursuant to the provisions of
Article 3 of Chapter 70 of the General Statutes.
(c) Violation of this section is a Class I felony if the damage caused by the violation is one thousand dollars
($1,000) or more. Any other violation of this section is a Class 1 misdemeanor. In passing sentence, the court shall
consider the appropriateness of restitution or reparation as a condition of probation under G.S. 15A- 1343(b)(9) as an
alternative to actual imposition of a fine, jail term, or both. (1840, c. 6; R.C., c. 34, s. 102; Code, s. 1088; Rev., s.
3680; C.S., s. 4320; 1969, c. 987; 1981, c. 752, s. 1; c. 853, s. 4; 1993, c. 539, s. 87; 1994, Ex. Sess., c. 24, s. 14(c);
2007 -122, s. 1.)
§ 14 -149. Desecrating, plowing over or covering up graves; desecrating human remains.
(a) It is a Class I felony, without authorization of law or the consent of the surviving spouse or next of kin
of the deceased, to knowingly and willfully:
(1) Open, disturb, destroy, remove, vandalize or desecrate any casket or other repository of any
human remains, by any means including plowing under, tearing up, covering over or
otherwise obliterating or removing any grave or any portion thereof.
(2) Take away, disturb, vandalize, destroy, tamper with, or deface any tombstone, headstone,
monument, grave marker, grave ornamentation, or grave artifacts erected or placed within any
cemetery to designate the place where human remains are interred or to preserve and
perpetuate the memory and the name of any person. This subdivision shall not apply to the
ordinary maintenance and care of a cemetery.
(3) Repealed by Session Laws 2007 -122, s. 2, effective December 1, 2007, and applicable to
offenses committed on or after that date.
(al) It is a Class H felony, without authorization of law or the consent of the surviving spouse or next of kin
of the deceased, to knowingly and willfully disturb, destroy, remove, vandalize, or desecrate any human remains that
have been interred in a cemetery.
(b) The provisions of this section shall not apply to a professional archaeologist as defined in G.S. 70 -28(4)
acting pursuant to the provisions of Article 3 of Chapter 70 of the General Statutes. (1889, c. 130; Rev., s. 3681;
1919, c. 218; C.S., s. 4321; 1981, c. 752, s. 2; c. 853, s. 5; 2007 -122, s. 2.)
0

Chapter 65.
Cemeteries.
Article 12.
Abandoned and Neglected Cemeteries.
Part 1. General.
§ 65 -85. Definitions.
As used in this Article, the following terms mean:
(1) Abandoned. — Ceased from maintenance or use by the person with legal right to the real
property with the intent of not again maintaining the real property in the foreseeable future.
(2) Cemetery. — A tract of land used for burial of multiple graves.
(3) Department. — The Department of Cultural Resources.
(4) Grave. — A place of burial for a single decedent.
(5) Neglected. — Left unattended or uncared for through carelessness or intention and lacking a
caretaker.
(6) Public cemetery. — A cemetery for which there is no qualification to purchase, own, or come
into possession of a grave in that cemetery. (2007 -118, s. 1.)
Part 3. Access to and Maintenance of Abandoned or Neglected Cemeteries.
§ 65 -101. Entering public or private property to maintain or visit with consent.
Any of the following persons, with the consent of the public or private landowner, may enter the property of
another to discover, restore, maintain, or visit a grave or abandoned public cemetery:
(1) A descendant of the person whose remains are reasonably believed to be interred in the grave
or abandoned public cemetery.
(2) A descendant's designee.
(3) Any other person who has a special personal interest in the grave or abandoned public
cemetery. (1987, c. 686, s. 1; 1991, c. 36, s. 1; 2007 -118, s. 1.)
§ 65 -102. Entering public or private property to maintain or visit without consent.
(a) If the consent of the landowner cannot be obtained, any person listed in G.S. 65- 101(1), (2), or (3) may
commence a special proceeding by petitioning the clerk of superior court of the county in which the petitioner has
reasonable grounds to believe the grave or abandoned public cemetery is located for an order allowing the petitioner
to enter the property to discover, restore, maintain, or visit the grave or abandoned public cemetery. The petition
shall be verified. The special proceeding shall be in accordance with the provisions of Articles 27A and 33 of
Chapter 1 of the General Statutes. The clerk shall issue an order allowing the petitioner to enter the property if the
clerk finds all of the following:
(1) There are reasonable grounds to believe that the grave or abandoned public cemetery is located
on the property or it is reasonably necessary to enter or cross the landowner's property to
reach the grave or abandoned public cemetery.
(2) The petitioner, or the petitioner's designee, is a descendant of the deceased, or the petitioner
has a legitimate historical, genealogical, or governmental interest in the grave or abandoned
public cemetery.
(3) The entry on the property would not unreasonably interfere with the enjoyment of the property
by the landowner.
(b) The clerk's order may state one or more of the following:
(1) Specify the dates and the daylight hours that the petitioner may enter and remain on the
property.
(2) Grant the petitioner the right to enter the landowner's property periodically, as specified in the
order, after the time needed for initial restoration of the grave or abandoned public cemetery.
(3) Specify a reasonable route from which the petitioner may not deviate in all entries and exits
from the property. (1987, c. 686, s. 1; 1991, c. 36, s. 1; 1999 -216, s. 12; 2007 -118, s. 1.)
VA

Part 4. Removal of Graves.
§ 65 -106. Removal of graves; who may disinter, move, and reinter; notice; certificate filed; reinterment
expenses; due care required.
(a) The State of North Carolina and any of its agencies, public institutions, or political subdivisions, the
United States of America or any agency thereof, any church, electric power or lighting company, or any person,
firm, or corporation may effect the disinterment, removal, and reinterment of graves as follows:
(1) By the State of North Carolina or any of its agencies, public institutions, or political
subdivisions, the United States of America or any agency thereof, when it shall determine and
certify to the board of county commissioners in the county from which the bodies are to be
disinterred that such removal is reasonably necessary to perform its governmental functions
and the duties delegated to it by law.
(2) By any church authority in order to erect a new church, parish house, parsonage, or any other
facility owned and operated exclusively by such church; in order to expand or enlarge an
existing church facility; or better to care for and maintain graves not located in a regular
cemetery for which such church has assumed responsibility of care and custody.
(3) By an electric power or lighting company when it owns land on which graves are located, and
the land is to be used as a reservoir.
(4) By any person, firm, or corporation who owns land on which an abandoned cemetery is located
after first securing the consent of the governing body of the municipality or county in which
the abandoned cemetery is located.
(b) The party effecting the disinterment, removal, and reinterment of a grave containing a decedent's
remains under the provisions of this Part shall, before disinterment, give 30 days' written notice of such intention to
the next of kin of the decedent, if known or subject to being ascertained by reasonable search and inquiry, and shall
cause notice of such disinterment, removal, and reinterment to be published at least once per week for four
successive weeks in a newspaper of general circulation in the county where such grave is located, and the first
publication shall be not less than 30 days before disinterment. Any remains disinterred and removed hereunder shall
be reinterred in a suitable cemetery.
(c) The party removing or causing the removal of all such graves shall, within 30 days after completion of
the removal and reinterment, file with the register of deeds of the county from which the graves were removed and
with the register of deeds of the county in which reinterment is made, a written certificate of the removal facts. Such
certificate shall contain the full name, if known or reasonably ascertainable, of each decedent whose grave is moved,
a precise description of the site from which such grave was removed, a precise description of the site and specific
location where the decedent's remains have been reinterred, the full and correct name of the party effecting the
removal, and a brief description of the statutory basis or bases upon which such removal or reinterment was
effected. If the full name of any decedent cannot reasonably be ascertained, the removing party shall set forth all
additional reasonably ascertainable facts about the decedent including birth date, death date, and family name.
The fee for recording instruments in general, as provided in G.S. 161- 10(a)(1), for registering a certificate of
removal facts shall be paid to the register of deeds of each county in which such certificate is filed for registration.
(d) All expenses of disinterment, removal, and acquisition of the new burial site and reinterment shall be
borne by the party effecting such disinterment, removal, and reinterment, including the actual reasonable expense of
one of the next of kin incurred in attending the same, not to exceed the sum of two hundred dollars ($200.00).
(e) The Office of Vital Records of North Carolina shall promulgate regulations affecting the registration
and indexing of the written certificate of the removal facts, including the form of that certificate.
(f) The party effecting the disinterment, removal, and reinterment of a decedent's remains under the
provisions of this Part shall ensure that the site in which reinterment is accomplished shall be of such suitable
dimensions to accommodate the remains of that decedent only and that such site shall be reasonably accessible to all
relatives of that decedent, provided that the remains may be reinterred in a common grave where written consent is
obtained from the next of kin. If under the authority of this Part, disinterment, removal, and reinterment are effected
by the State of North Carolina or any of its agencies, public institutions, or political subdivisions, the United States
of America or any agency thereof, any electric power or lighting company, then such disinterment, removal, and
reinterment shall be performed by a funeral director duly licensed as a "funeral director" or a "funeral service
licensee" under the provisions of Article 13A of Chapter 90 of the General Statutes.
(g) All disinterment, removal, and reinterment under the provisions of this Part shall be made under the
supervision and direction of the county board of commissioners or other appropriate official, including the local
health director, appointed by such board for the county where the disinterment, removal, and reinterment take place.
E''

If reinterment is effected in a county different from the county of disinterment with the consent of the next of kin of
the deceased whose remains are disinterred, then the disinterment and removal shall be made under the supervision
and direction of the county board of commissioners or other appropriate official, including the local health director,
appointed by such board for the county of the disinterment, and the reinterment shall be made under the supervision
and direction of the county board of commissioners or other appropriate official, including the local health director,
appointed by such board for the county of reinterment.
Due care shall be taken to do said work in a proper and decent manner, and, if necessary, to furnish suitable
coffins or boxes for reinterring such remains. Due care shall also be taken to remove, protect, and replace all
tombstones or other markers, so as to leave such tombstones or other markers in as good condition as that prior to
disinterment. Provided that in cases where the remains are to be moved to a perpetual care cemetery or other
cemetery where upright tombstones are not permitted, a suitable replacement marker shall be provided.
(h) Nothing contained in this Part shall be construed to grant or confer the power or authority of eminent
domain, or to impair the right of the next of kin of a decedent to remove or cause the removal, at his or their
expense, of the remains or grave of such decedent. (1919, c. 245; C.S., ss. 5030, 5030(a); Ex. Sess. 1920, c. 46;
1927, c. 23, s. 1; c. 175, s. 1; 1937, c. 3; 1947, cc. 168, 576; 1961, c. 457; 1963, c. 915, s. 1; 1965, c. 71; 1971, c.
797, s. 1; 1977, c. 311, s. 1 2001 -390, s. 3; 2007 -118, s. 1.)
Chapter 70.
Indian Antiquities, Archaeological Resources and Unmarked Human Skeletal Remains Protection.
Article 3.
Unmarked Human Burial and Human Skeletal Remains Protection Act.
§ 70 -26. Short title.
This Article shall be known as "The Unmarked Human Burial and Human Skeletal Remains Protection Act."
(1981, c. 853, s. 2.)
§ 70 -27. Findings and purpose.
(a) The General Assembly finds that:
(1) Unmarked human burials and human skeletal remains are subject to vandalism and inadvertent
destruction at an ever - increasing rate;
(2) Existing State laws do not provide adequate protection to prevent damage to and destruction of
these remains;
(3) There is a great deal of scientific information to be gained from the proper excavation, study
and analysis of human skeletal remains recovered from such burials; and
(4) There has been no procedure for descendants or other interested individuals to make known
their concerns regarding disposition of these remains.
(b) The purpose of this Article is (i) to provide adequate protection from vandalism for unmarked human
burials and human skeletal remains, (ii) to provide adequate protection for unmarked human burials and human
skeletal remains not within the jurisdiction of the medical examiner pursuant to G.S. 130A -383 that are encountered
during archaeological excavation, construction, or other ground disturbing activities, found anywhere within the
State except on federal land, and (iii) to provide for adequate skeletal analysis of remains removed or excavated
from unmarked human burials if the analysis would result in valuable scientific information. (1981, c. 853, s. 2;
2007 -484, s. 11(a).)
§ 70 -28. Definitions.
As used in this Article:
(1) "State Archaeologist" means the head of the Office of State Archaeology section of the Office
of Archives and History, Department of Cultural Resources.
(2) "Executive Director" means the Executive Director of the North Carolina Commission of
Indian Affairs.
(3) "Human skeletal remains" or "remains" means any part of the body of a deceased human being
in any stage of decomposition.
(4) "Professional archaeologist" means a person having (i) a postgraduate degree in archaeology,
anthropology, history, or another related field with a specialization in archaeology, (ii) a
minimum of one year's experience in conducting basic archaeological field research,
including the excavation and removal of human skeletal remains, and (iii) designed and
0

executed an archaeological study and presented the written results and interpretations of such
study.
(5) "Skeletal analyst" means any person having (i) a postgraduate degree in a field involving the
study of the human skeleton such as skeletal biology, forensic osteology or other relevant
aspects of physical anthropology or medicine, (ii) a minimum of one year's experience in
conducting laboratory reconstruction and analysis of skeletal remains, including the
differentiation of the physical characteristics denoting cultural or biological affinity, and (iii)
designed and executed a skeletal analysis, and presented the written results and interpretations
of such analysis.
(6) "Unmarked human burial" means any interment of human skeletal remains for which there
exists no grave marker or any other historical documentation providing information as to the
identity of the deceased. (1981, c. 853, s. 2; 2002 -159, s. 35(a); 2007 -484, s. 10(a).)
§ 70 -29. Discovery of remains and notification of authorities.
(a) Any person knowing or having reasonable grounds to believe that unmarked human burials or human
skeletal remains are being disturbed, destroyed, defaced, mutilated, removed, or exposed, shall notify immediately
the medical examiner of the county in which the remains are encountered.
(b) If the unmarked human burials or human skeletal remains are encountered as a result of construction or
agricultural activities, disturbance of the remains shall cease immediately and shall not resume without authorization
from either the county medical examiner or the State Archaeologist, under the provisions of G.S. 70 -30(c) or
70- 30(d).
(c) (1) If the unmarked human burials or human skeletal remains are encountered by a professional
archaeologist, as a result of survey or test excavations, the remains may be excavated and
other activities may resume after notification, by telephone or registered letter, is provided to
the State Archaeologist. The treatment, analysis and disposition of the remains shall come
under the provisions of G.S. 70 -34 and 70 -35.
(2) If a professional archaeologist directing long -term (research designed to continue for one or
more field seasons of four or more weeks' duration) systematic archaeological research
sponsored by any accredited college or university in North Carolina, as a part of his research,
recovers Native American skeletal remains, he may be exempted from the provisions of G.S.
70 -30, 70 -31, 70 -32, 70 -33, 70 -34 and 70 -35(c) of this Article so long as he:
a. Notifies the Executive Director within five working days of the initial discovery of
Native American skeletal remains;
b. Reports to the Executive Director, at agreed upon intervals, the status of the project;
C. Curates the skeletal remains prior to ultimate disposition; and
d. Conducts no destructive skeletal analysis without the express permission of the
Executive Director.
Upon completion of the project fieldwork, the professional archaeologist, in consultation with
the skeletal analyst and the Executive Director, shall determine the schedule for the
completion of the skeletal analysis. In the event of a disagreement, the time for completion of
the skeletal analysis shall not exceed four years. The Executive Director shall have authority
concerning the ultimate disposition of the Native American skeletal remains after analysis is
completed in accordance with G.S. 70 -35(a) and 70 -36(b) and (c).
(d) The State Archaeologist shall notify the Chief, Medical Examiner Section, Division of Health Services,
Department of Health and Human Services, of any reported human skeletal remains discovered by a professional
archaeologist. (1981, c. 853, s. 2; 1997 -443, s. I IA. I18(a); 2007 -484, s. 10(b).)
§ 70 -30. Jurisdiction over remains.
(a) Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the
medical examiner of the county in which the remains were encountered shall determine as soon as possible whether
the remains are subject to the provisions of G.S. 130A -383.
(b) If the county medical examiner determines that the remains are subject to the provisions of G.S.
130A -383, the county medical examiner will immediately proceed with the investigation.
(c) If the county medical examiner determines that the remains are not subject to the provisions of G.S.
130A -383, the county medical examiner shall so notify the Chief Medical Examiner. The Chief Medical Examiner
10

shall notify the State Archaeologist of the discovery of the human skeletal remains and the findings of the county
medical examiner. The State Archaeologist shall immediately take charge of the remains.
(d) Subsequent to taking charge of the human skeletal remains, the State Archaeologist shall have 48 hours
to make arrangements with the landowner for the protection or removal of the unmarked human burial or human
skeletal remains. The State Archaeologist shall have no authority over the remains at the end of the 48 -hour period
and may not prohibit the resumption of the construction or agricultural activities without the permission of the
landowner. (1981, c. 853, s. 2; 2007 -484, ss. 10(c), 11(b).)
§ 70 -31. Archaeological investigation of human skeletal remains.
(a) If an agreement is reached with the landowner for the excavation of the human skeletal remains, the
State Archaeologist shall either designate a member of his staff or authorize another professional archaeologist to
excavate or supervise the excavation.
(b) The professional archaeologist excavating human skeletal remains shall report to the State
Archaeologist, either in writing or by telephone, his opinion on the cultural and biological characteristics of the
remains. This report shall be transmitted as soon as possible after the commencement of excavation, but no later
than two full business days after the removal of a burial.
(c) The State Archaeologist, in consultation with the professional archaeologist excavating the remains,
shall determine where the remains shall be held subsequent to excavation, pending other arrangements according to
G.S. 70 -32 or 70 -33.
(d) The Department of Cultural Resources may obtain administrative inspection warrants pursuant to the
provisions of Chapter 15, Article 4A of the General Statutes to enforce the provisions of this Article, provided that
prior to the requesting of the administrative warrant, the Department shall contact the affected landowners and
request their consent for access to their land for the purpose of gathering such information. If consent is not granted,
the Department shall give reasonable notice of the time, place and before whom the administrative warrant will be
requested so that the owner or owners may have an opportunity to be heard. (1981, c. 853, s. 2; 2007 -484, s. 10(d).)
§ 70 -32. Consultation with the Native American Community.
(a) If the professional archaeologist determines that the human skeletal remains are Native American, the
State Archaeologist shall immediately notify the Executive Director of the North Carolina Commission of Indian
Affairs. The Executive Director shall notify and consult with the Eastern Band of Cherokee or other appropriate
tribal group or community.
(b) Within four weeks of the notification, the Executive Director shall communicate in writing to the State
Archaeologist, the concerns of the Commission of Indian Affairs and an appropriate tribal group or community with
regard to the treatment and ultimate disposition of the Native American skeletal remains.
(c) Within 90 days of receipt of the concerns of the Commission of Indian Affairs, the State Archaeologist
and the Executive Director, with the approval of the principal tribal official of an appropriate tribe, shall prepare a
written agreement concerning the treatment and ultimate disposition of the Native American skeletal remains. The
written agreement shall include the following:
(1) Designation of a qualified skeletal analyst to work on the skeletal remains;
(2) The type of analysis and the specific period of time to be provided for analysis of the skeletal
remains;
(3) The timetable for written progress reports and the final report concerning the skeletal analysis
to be provided to the State Archaeologist and the Executive Director by the skeletal analyst;
and
(4) A plan for the ultimate disposition of the Native American remains subsequent to the
completion of adequate skeletal analysis.
If no agreement is reached within 90 days, the Archaeological Advisory Committee shall determine the terms of
the agreement. (1981, c. 853, s. 2; 2007 -484, s. 10(e).)
§ 70 -33. Consultation with other individuals.
(a) If the professional archaeologist determines that the human skeletal remains are other than Native
American, the State Archaeologist shall publish notice that excavation of the remains has occurred, at least once per
week for four successive weeks in a newspaper of general circulation in the county where the burials or skeletal
remains were situated, in an effort to determine the identity or next of kin or both of the deceased.
11

(b) If the next of kin are located, within 90 days the State Archaeologist in consultation with the next of kin
shall prepare a written agreement concerning the treatment and ultimate disposition of the skeletal remains. The
written agreement shall include:
(1) Designation of a qualified skeletal analyst to work on the skeletal remains;
(2) The type of analysis and the specific period of time to be provided for analysis of the skeletal
remains;
(3) The timetable for written progress reports and the final report concerning the skeletal analysis
to be provided to the State Archaeologist and the next of kin by the skeletal analyst; and
(4) A plan for the ultimate disposition of the skeletal remains subsequent to the completion of
adequate skeletal analysis.
If no agreement is reached, the remains shall be handled according to the wishes of the next of kin. (1981, c.
853, s. 2; 2007 -484, s. 10(f).)
§ 70 -34. Skeletal analysis.
(a) Skeletal analysis conducted under the provisions of this Article shall only be accomplished by persons
having those qualifications expressed in G.S. 70- 28(5).
(b) Prior to the execution of the written agreements outlined in G.S. 70 -32(c) and 70- 33(b), the State
Archaeologist shall consult with both the professional archaeologist and the skeletal analyst investigating the
remains.
(c) The professional archaeologist and the skeletal analyst shall submit a proposal to the State
Archaeologist within the 90 -day period set forth in G.S. 70 -32(c) and 70- 33(b), including:
(1) Methodology and techniques to be utilized;
(2) Research objectives;
(3) Proposed time schedule for completion of the analysis; and
(4) Proposed time intervals for written progress reports and the final report to be submitted.
(d) If the terms of the written agreement are not substantially met, the Executive Director or the next of kin,
after consultation with the State Archaeologist, may take possession of the skeletal remains. In such case, the State
Archaeologist may ensure that appropriate skeletal analysis is conducted by another qualified skeletal analyst prior
to ultimate disposition of the skeletal remains. (1981, c. 853, s. 2; 2007 -484, s. 10(g).)
§ 70 -35. Disposition of human skeletal remains.
(a) If the skeletal remains are Native American, the Executive Director, after consultation with an
appropriate tribal group or community, shall determine the ultimate disposition of the remains after the analysis.
(b) If the skeletal remains are other than Native American and the next of kin have been identified, the next
of kin shall have authority concerning the ultimate disposition of the remains after the analysis.
(c) If the State Archaeologist has received no information or communication concerning the identity or next
of kin of the deceased, the skeletal remains shall be transferred to the State Archaeologist and permanently curated
according to standard museum procedures after adequate skeletal analysis. (1981, c. 853, s. 2; 2007 -484, s. 10(h).)
§ 70 -36. Financial responsibility.
(a) The provisions of this Article shall not require that the owner of the land on which the unmarked human
burials or human skeletal remains are found, bear the cost of excavation, removal, analysis or disposition.
(b) If a determination is made by the Executive Director, in consultation with an appropriate tribal group or
community, that Native American skeletal remains shall be reinterred following the completion of skeletal analysis,
an appropriate tribal group or community may provide a suitable burial location. If it elects not to do so, it shall be
the responsibility of the North Carolina Commission of Indian Affairs to provide a suitable burial location.
(c) The expense of transportation of Native American remains to the reburial location shall be borne by the
party conducting the excavation and removal of the skeletal remains. The reburial ceremony may be provided by an
appropriate tribal group or community. If it elects not to do so, the reburial ceremony shall be the responsibility of
the Commission of Indian Affairs. (1981, c. 853, s. 2.)
§ 70 -37. Prohibited acts.
(a) No person, unless acting under the provisions of G.S. 130 -198 through G.S. 130 -201, shall:
(1) Knowingly acquire any human skeletal remains removed from unmarked burials in North
Carolina after October 1, 1981, except in accordance with the provisions of this Article;
12

(2) Knowingly exhibit or sell any human skeletal remains acquired from unmarked burials in
North Carolina; or
(3) Knowingly retain human skeletal remains acquired from unmarked burials in North Carolina
after October 1, 1981, for scientific analysis beyond a period of time provided for such
analysis pursuant to the provisions of G.S. 70 -32, 70 -33 and 70 -34, with the exception of
those skeletal remains curated under the provisions of G.S. 70 -35.
(b) Other provisions of criminal law concerning vandalism of unmarked human burials or human skeletal
remains may be found in G.S. 14 -149. (1981, c. 853, s. 2.)
§ 70 -40. Penalties.
(a) Violation of the provisions of G.S. 70 -29 is a Class 1 misdemeanor.
(b) Violation of the provisions of G.S. 70 -37(a) is a Class H felony. (1981, c. 853, s. 2; 1993, c. 539, s. 543;
1994, Ex. Sess., c. 24, s. 14(c).)
13