The Foundation Under the Townhouses
During grading for a 90-unit townhouse project on a 12-acre parcel that was an orchard from 1890 to 1955, the excavator exposes a dry-laid stone foundation, a brick cistern, and a concentration of bottle glass and metal tools about 30 inches below grade. The area is within a locally designated historic district boundary, but the parcel itself has no recorded archaeological site. The contractor has already removed about 15 cubic yards of material and stockpiled it with topsoil. The project has a 6-month construction schedule, a 60-day owner financing deadline, and a fixed-price contract with a suspension-of-work clause. The landscape architect is the prime consultant and is on site when the find is reported. The state historic preservation office (SHPO) has a 30-day review period for unanticipated discoveries, and the local ordinance requires stop-work within 50 ft.
1. What immediate actions should the landscape architect direct when the find is reported?
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Direct an immediate stop-work within 50 ft, including the stockpile area, and do not allow further screening or removal of material. Secure the area with fencing and signage, photograph the foundation, cistern, and artifacts with a scale, and record the location, depth, and soil stratigraphy. Notify the owner and contractor in writing the same day. Notify SHPO under the local ordinance and, if any human remains are present, call local law enforcement and the coroner-do not treat that situation as an archaeological find alone. The landscape architect should issue a written field directive, not a verbal stop order, and should not personally move or clean artifacts. Preserve the stockpiled soil as part of the discovery area until SHPO advises otherwise.
2. How would you evaluate significance, and who should coordinate the review?
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The find may be significant because it includes an intact foundation, a cistern, and associated artifacts, even though the parcel has no recorded site. The historic district boundary increases scrutiny but does not by itself determine significance. SHPO, not the design team, determines eligibility for listing. The design team should provide site maps, photographs, a research summary from historic maps, and a description of the artifacts without removing them. Coordination should run through the owner’s representative and legal counsel, with the landscape architect supplying technical information. If the site is eligible, avoidance is preferred. Artifact curation, if required, must follow state law and an approved repository. The owner should be told that the 30-day review is a regulatory constraint, not a design preference.
3. What design and contractual responses would you recommend to address schedule, cost, and avoidance?
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Document schedule and cost impacts daily, including idle equipment, labor, and the suspension. Preserve the contractor’s right to a time extension under the suspension-of-work clause and notify the owner of the financing deadline risk in writing. Design options include shifting the building footprint or grading to avoid the foundation, using a shallow pier or grade-beam foundation with no deep excavation, or incorporating the foundation as an interpretive landscape feature. If avoidance is impossible, SHPO may require an approved data recovery plan before construction resumes. Issue a revised site plan and coordinate with SHPO and the building official before any work restarts. The landscape architect should not promise a schedule date until the review is complete.