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Channel to Victoria Project



Archeological Site 41VT98 (the Buckeye Knoll Site)

Supplemental Information

Channel to Victoria Project
Calhoun and Victoria Counties, Texas

January 11, 2002

PROJECT OVERVIEW

The Channel to Victoria, or Victoria Barge Canal, is a federal construction project constructed by the Galveston District, U.S. Army Corps of Engineers (Corps). The local sponsors are the Victoria County Navigation District and the West Side Calhoun County Navigation District. The channel extends about 35 miles from the Gulf Intracoastal Waterway in Matagorda Bay through San Antonio Bay to a turning basin 7 miles south of the city of Victoria. The channel roughly parallels the Guadalupe River, and provides light draft navigation to industries located along the channel. The Corps operates and maintains the channel.

The channel was constructed in 1965, prior to the enactment of the National Historic Preservation Act (NHPA) of 1966. There was no cultural resource investigation or coordination of the project prior to construction. State Historic Preservation Officer (SHPO) coordination of the project area pursuant to 36CFR800 (NHPA) was initiated by Galveston District in the early 1980's. In recognition of the fact that this project is located in an archeologically rich and important area where no investigations or coordination had been conducted, the Corps initiated a program of extensive surveys, historic and archival research, site investigations, and site mitigation for the Channel to Victoria that continues to the present. A list of reports resulting from this initiative can be found at the end of this fact sheet. A Programmatic Memorandum of Agreement (PMOA) was entered into by the Corps, SHPO, and Advisory Council on Historic Preservation (ACHP) in 1990 in anticipation of new construction on the channel. The PMOA applies to all Corps actions (operation, maintenance, and new construction) for the Channel to Victoria project.

CURRENT FEDERAL ACTION

The Corps is currently widening and deepening the Channel to Victoria from 9-feet by 100-feet to 12-feet by 125-feet. Construction of the channel improvements began in late 1996 and will conclude in 2002. A series of archeological surveys and site investigations were conducted by the Corps in conjunction with this work. Both construction impacts of channel widening and designation of new placement areas for dredged material were addressed. In several instances, placement areas were relocated or reconfigured to avoid prehistoric and historic sites along the channel. All of this work is cost-shared by the Corps (90%) and the local sponsors (10%). Routine SHPO coordination of this new construction work has been on-going since 1990 pursuant to 36CFR800 and the PMOA. The SHPO has reviewed and been provided the opportunity to comment on all scopes of work for survey, archival research, and site investigations, and has reviewed all draft technical reports.

SITE 41VT98

There is a long history of interest in and investigation of VT98 by the Corps and others that will not be reiterated here, but can be found in the reports listed at the end of this document. National Register testing of VT98, also known as the Buckeye Knoll Site, was initiated by the Corps in November 2000 to address the area of potential construction impacts of channel widening, to determine National Register significance, and to obtain sufficient information on the site to develop a mitigation plan in the event that construction impacts could not be avoided. All work has been conducted by Coastal Environments, Inc. (CEI), under contract to the Corps. Site testing confirmed that VT98 is a significant, multi-component prehistoric site containing cultural deposits dating to the Paleoindian through Late Prehistoric Periods (12,000 through 1,000 years ago).

As a result of this testing, it was determined that the area of direct construction impacts along the west bank of the channel does not contain any in situ archeological deposits. Original channel construction in 1965 impacted the site to such an extent that no intact archeological deposits remain immediately adjacent to the existing channel. Test excavation of this eastern-most portion of VT98 (on the west bank of the channel) included 12 backhoe trenches, excavation of three 2m by 2m units, 12 shovel tests, and a magnetometer survey to identify subsurface features. The Texas SHPO concurs that no additional site testing or data recovery is necessary for this disturbed portion of VT98.

Testing of the remainder of the site to determine National Register significance and define a mitigation plan should one be necessary, identified the extensive mortuary complex that is the subject of current interest. No previous site testing had identified burials at VT98. When it became apparent that extensive human remains were present, that both direct and indirect construction impacts to the mortuary portion of the site could be avoided, and that the site was obviously eligible for the National Register, the decision was made by the Corps to cease test excavations. A coordination meeting with the SHPO was held in May 2001, and the decision was made to: complete excavation of all open units; completely excavate all exposed burials; not expose and excavate additional burials; and not continue opening new block excavation units. This modified work was completed by CEI in July 2001. At the conclusion of excavation, the open units were carefully backfilled and the site was fenced by DuPont. A large portion of the site remains unexcavated and is known to contain additional burials.

The original scope of work for site testing called for the excavation of forty (40) 2m by 2m blocks. Of these, thirty-six (36) 2m by 2m blocks were excavated and 79 burials were recovered. The burials are overlain by a more recent midden deposit. The SHPO concurred that there was sufficient data upon which to determine National Register significance without completing the originally coordinated test excavation plan. Radiocarbon dating of bone dates the human remains at 5,000 to 7,000 years old, or Early Archaic. All artifacts, human remains, and site documentation are housed in an archeological laboratory in Corpus Christi, Texas. The collection is secure and is handled and maintained in accord with current professional standards by CEI under contract to the Corps. In response to Native American concerns, the human remains and associated grave goods are stored apart from the remainder of the collection, and each individual has been placed in a separate container. This has in no way compromised the provenience nor integrity of the human remains. The collection is not deteriorating. CEI is producing a detailed inventory of the nonmortuary portions of the collection, and a preliminary inventory of the mortuary collection. In addition, the advice of Dr. Glen Doran of Florida State University has been sought by the Corps, and a draft report addressing the significance of the human remains from VT98 has been submitted.

Site 41VT98 is located on property owned by DuPont Corporation (DuPont). The Corps has access to DuPont's property through a real estate easement that conveys limited rights for activities related to construction and operation of the navigation channel. DuPont owns the collection resulting from site testing, and has ultimate control over its final disposition. The Corps will pay for curation and accessioning of the collection into a curational facility in the event DuPont decides to donate or loan the collection for such purposes.

Because the site is located on private, not federal, land, the Native American Graves and Repatriation Act (NAGPRA) does not apply. The requirement for consultation with interested parties under the NHPA and 36CFR800 does. In compliance with federal law and the 1990 MOA for this project, and at the request of DuPont, the Corps initiated Native American consultation with ten federally-recognized tribes known to have an interest in coastal Texas, to solicit their comments on treatment and final disposition of the human remains. The Corps has suspended further processing and analysis of the collection, and in particular, further destructive analysis, until consultation is concluded. The decision to suspend analysis was based on the Corps' concern that consultation be conducted in good faith. Had the Corps continued with analysis before consultation with the tribes, this obviously would have precluded meaningful consideration of their interests. The initial tribal consultation meeting is scheduled in February 2002. In preparation for this meeting the Corps has directed CEI to produce a description of all relevant analyses that could be conducted on the collection, including the human remains. This information will be presented to the tribes so that any questions they may have concerning impact of the analyses on the human remains can be addressed, and so that the significance and information potential of the various analyses can be discussed.

In addition to tribal consultation, the Corps will sponsor a public workshop in early spring 2002 in Victoria, at which the general public and the interested archeological community can obtain additional information on the project and express their concerns and viewpoints. Any interested member of the public is invited to provide their written comments on this undertaking to:

Colonel Leonard D. Waterworth 
District Engineer 
U.S. Army Corps of Engineers 
Galveston District 
P.O. Box 1229 
Galveston, TX 77550

We will also answer your questions concerning site VT98 submitted electronically to Carolyn Murphy, Chief, Environmental Section, at carolyn.e.murphy@swg02.usace.army.mil.

FUNDING

All work conducted by the Corps on the Channel to Victoria over the last 20 years has been paid for by the Corps and the local sponsors of the project. All work on VT98 has likewise been paid for by the Corps. The Corps is committed to completing the analysis and reporting of the current testing of site 41VT98, and curating the collection at the discretion of DuPont.

THE DECISION PROCESS

No final decisions have been made by the Corps in regard to VT98. There are no agreements between the Corps and other individuals or organizations pertaining to VT98 other than the existing 1990 PMOA.

The Corps is currently faced with conflicting interests, issues and demands in regard to VT98. The consultation process of 36CFR800 will be followed. All interested parties will be heard. At the conclusion of consultation, the Corps will weigh the concerns and recommendations of the SHPO, DuPont, Native Americans, scientists, and the public in determining the nature and extent of further analysis of the VT98 collection and human remains. The decision on the level and extent of analysis and reporting rests with the Corps. The extent to which the Corps' decisions are implemented, and the final disposition of the collection, will be determined in consultation with DuPont, the owner.

We ask you to bear in mind that consideration of different viewpoints, needs, and concerns does not necessarily have to result in the total subjugation of one group's interests over another's. The Corps is fully aware of the scientific significance of this site. The Corps is also concerned that Native Americans be provided the opportunity to participate in the process to insure that these remains are treated with dignity and respect. And, most importantly, as steward of this site, DuPont bears significant responsibility in reaching its decisions concerning the current collection and the future of the site.

FUTURE WORK

The Corps does not propose any additional excavations (over that described above) at 41VT98. Site investigation and mitigation can only be justified to address impacts resulting from Corps projects. The current widening and deepening of the Channel to Victoria has resulted in a channel that is now equivalent in dimensions to the Gulf Intracoastal Waterway. It is unlikely that further widening and deepening of the federal Channel to Victoria project will occur in the near future. Because of the site's significance, every attempt will be made to avoid future impacts to the site resulting from Corps construction, operation, and maintenance of the channel.

Corps Districts do not have legal authority or funding to conduct pure research. All work must be directly related to project activities and impacts. Further excavation at this extremely important site will require funding from sources other than the Corps, and obviously, permission from the land owner, DuPont.

TECHNICAL REPORTS PRODUCED BY THE CORPS FOR THE CHANNEL TO VICTORIA PROJECT:

Gadus, E, et al. 

1993 Archeological Survey of Portions of the Channel to Victoria Project Area, Calhoun and Victoria Counties, Texas. Reports of Investigations No. 92, Prewitt and Associates, Inc., Austin

1999 National Register Testing of Prehistoric and Historic Sites and Survey of Placement Areas, Channel to Victoria, Calhoun and Victoria Counties, Texas. PAI Report No. 121, DACW64-94-D-0008, D.O. 0009, Prewitt & Associates, Inc., Austin.

Nash, M.A.

2001 National Register Testing of Site 41CL76, Calhoun County, Texas. COE DACW64-97-D-0004, D.O. 0002, PBS&J, Inc., Draft (December 2001).

Weinstein, R.A.

1992 Archaeology and Paleogeography of the Lower Guadalupe River/San Antonio Bay Region: Cultural Resources Investigations Along the Channel to Victoria, Calhoun and Victoria Counties, Texas. COE DACW64-87-D- 0004, D.O. 0007, CEI, Baton Rouge.

1999 Archaeological Investigations at the Guadalupe Bay Site (41CL2): Late Archaic Through Historic Occupation Along the Channel to Victoria, Calhoun County, Texas - Vols. 1-5, Draft Copy - DACW64-91-D-0009, Delivery Orders 002,0006, and 0011, CEI, Baton Rouge.

 



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Updated: July 26, 2002