ESWATINI WATER SERVICES CORPORATION CHANCE FIND PROCEDURE FOR THE NHLANGANO - SIPHAMBANWENI INTEGRATED WATER SUPPLY AND SANITATION PROJECT May 2019 Table of Contents 1. INTRODUCTION ..................................................................................................................................... 1 2. CHANCE FIND PROCEDURES ................................................................................................................. 2 2.1 Initial Identification and/or Exposure ................................................................................................. 2 2.2 Chance Find Procedures: .................................................................................................................... 3 2.3 Chance Find Procedures: Palaeontology ............................................................................................ 3 3.3.1 Isolated Bone Finds ...................................................................................................................... 3 3.3.1.1 Response of personnel.............................................................................................................. 3 3.3.1.2 Response by STNC ..................................................................................................................... 4 3.3.2 Bone Cluster ..................................................................................................................................... 4 3.3.3 Rescue Excavation ........................................................................................................................ 5 3.3.4 Major Finds .................................................................................................................................. 5 3.3.5 Exposure of Fossil Shell Beds ....................................................................................................... 6 3.3.6 Exposure of Fossil Wood and Peats ............................................................................................. 7 4 CONCLUSION .............................................................................................................................................. 8 1. INTRODUCTION The purpose of this document is to provide Eswatini Water Services Corporation (EWSC) and their contractors with the appropriate response guidelines (extracted and adapted from the Swaziland National Trust Commission Act (1972), Regulations Reg No. 6820, GN: 548, taking into consideration international best practice based on World Bank, Equator Principles and the International Finance Corporation Performance Standards, 1972 UNESCO Convention on the Protection of World Cultural and Natural Heritage (World Heritage Convention), that should be implemented in the event of chance discovery of heritage resources. These guidelines or chance find procedures (CFPs) can be incorporated into EWSC policies that may have relevance during construction and operational phases The CFPs aim to avoid and/or reduce project risks that may result due to chance finds, whilst considering international best practice. 2. CHANCE FIND PROCEDURES The following procedural guidelines must be considered in the event that previously unknown heritage resources or burial sites are exposed or found during the life of the project. 2.1 Initial Identification and/or Exposure Heritage resources or burial sites may be identified during construction or accidently exposed. The initial procedure when such sites are found aim to avoid any further damage. The following steps and reporting structure must be observed in both instances: a. The person or group (identifier) who identified or exposed the burial ground must cease all activity in the immediate vicinity of the site; b. The identifier must immediately inform his/her supervisor of the discovery; c. The supervisor must ensure that the site is secured and control access; and d. The supervisor must then inform the relevant EWSC personnel responsible for at least the following portfolios: Community Liaison (CL), Environmental Control (EC) and Health and Safety (HS). 2.2 Chance Find Procedures: Heritage Resources In the event that previously unidentified heritage resources are identified and/or exposed during construction or operation of the Nhlangano-Sphambanweni Integrated Water Supply Project, the following steps must be implemented subsequent to those outlined under Section 2.1 above: a. The Nhlangano-Sphambanweni Integrated Water Supply project manager and/or Heritage Resources Management (HRM) Unit must be notified of the discovery; b. EWSC will assign a qualified specialist to consider the heritage resource, either via communicating with the EC Officer via telephone or email, or based on a site visit; c. Appropriate measures will then be presented to EWSC; d. Should the specialist conclude that the find is a heritage resource protected in terms of the SNTC Act (1972), EWSC will notify the SNTC and; e. Based on the comments received from SNTC, ESWC will provide a Terms of References Report and relevant associated costs if necessary. 2.3 Chance Find Procedures: Palaeontology 2.3.1 Isolated Bone Finds In the process of digging excavations, isolated bones may be spotted in the hole sides or bottom, or as they appear on the spoil heap. By this is meant bones that occur singly, in different parts of the excavation. If the number of distinct bones exceeds six pieces, the finds must be treated as a bone cluster (below). 2.3.1.1 Response of personnel The following responses should be undertaken by personnel in the event of isolated bone finds: Action 1: An isolated bone exposed in an excavation or spoil heap must be retrieved before it is covered by further spoil from the excavation and set aside; Action 2: The site foreman and EC Officer must be informed; Action 3: The responsible field person (site foreman or EC Officer) must take custody of the fossil. The following information is to be recorded: • Position (excavation position); • Depth of find in hole; • Digital image of hole showing vertical section (side); and • Digital image of fossil. Action 4: The fossil should be placed in a bag (e.g. a Ziploc bag), along with any detached fragments. A label must be included with the date of the find, position information, and depth; and Action 5: The EC Officer is to inform the SNTC 2.3.1.2 Response by STNC The SNTC t will assess the information and liaise with the ESWC and the EC Officer and a suitable response will be established. 2.3.2 Bone Cluster A bone cluster is a major find of bones (e.g. several bones in close proximity or bones resembling parts of a skeleton). These bones will likely be seen in broken sections of the sides of the hole and as bones appearing in the bottom of the hole and on the spoil heap. 2.3.2.1 Response of personnel The following responses should be undertaken by personnel in the event of bone cluster finds: Action 1: Immediately stop excavation in the vicinity of the potential material. Mark or flag the position as well as the spoil heap that may contain fossils; Action 2: Inform the site foreman and the EC Officer; and Action 3: The EC Officer is to inform the developer who must then contact the SNTC contracted to be on standby. The EC Officer is then to describe the occurrence and provide images via email. 2.3.2.2 Response by SNTC The SNTC will assess the information. It is likely that a Field Assessment by the SNTC will be carried out. It will be probably be feasible to avoid the find and continue to the excavation farther along, or proceed to the next excavation, so that the work schedule is minimally disrupted. The response time/scheduling of the Field Assessment is to be decided in consultation with the developer/owner and the environmental consultant. The Field Assessment could have the following outcomes: • If a human burial, the appropriate authority is to be contacted. The find must be evaluated by a human burial specialist to decide if Rescue Excavation is feasible, or if it is a Major Find. • If the fossils are in an archaeological context, an archaeologist must be contacted to evaluate the site and decide if Rescue Excavation is feasible, or if it is a Major Find. • If the fossils are in a palaeontological context, the palaeontologist must evaluate the site and decide if Rescue Excavation is feasible, or if it is a Major Find. 2.3.3 Rescue Excavation Rescue Excavation refers to the removal of the material from the “design� excavation. This would apply if the amount or significance of the exposed material appears to be relatively circumscribed and it is feasible to remove it without compromising contextual data. The time span for Rescue Excavation should be reasonable rapid to avoid any undue delays, e.g. one to three days and definitely less than one week. In principle, the strategy during the mitigation is to “rescue� the fossil material as quickly as possible. The strategy to be adopted depends on the nature of the occurrence, particularly the density of the fossils. The methods of collection would depend on the preservation or fragility of the fossil and whether in loose or in lithified sediment. These could include: • On-site selection and sieving in the case of robust material in sand; and • Fragile material in loose sediment would be encased in blocks using Plaster-of-Paris or reinforced mortar. If the fossil occurrence is dense and is assessed to be a “Major Find�, a carefully controlled excavation is required. 2.3.4 Major Finds A Major Find is the occurrence of material that, by virtue of quantity, importance and time constraints, cannot be feasibly rescued without compromise of detailed material recovery and contextual observations. 2.3.4.1 Management options for major finds In consultation with the developer/owner and the environmental consultant, the following options should be considered when deciding on how to proceed in the event of a Major Find. Option 1: Avoidance Avoidance of the Major Find through project redesign or relocation. This ensures minimal impact to the site and is the preferred option from a heritage resource management perspective. When feasible, it can also be the least expensive option from a construction perspective. The find site will require site protection measures, such as erecting fencing or barricades. Alternatively, the exposed finds can be stabilised and the site refilled or capped. The latter is preferred if excavation of the find will be delayed substantially or indefinitely. Appropriate protection measures should be identified on a site- specific basis and in wider consultation with the heritage and scientific communities. This option is preferred as it will allow the later excavation of the finds with due scientific care and diligence. Option 2: Emergency Excavation Emergency excavation refers to the “no option� situation where avoidance is not feasible due to design, financial and time constraints. It can delay construction and emergency excavation itself will take place under tight time constraints, with the potential for irrevocable compromise of scientific quality. It could involve the removal of a large, disturbed sample by an excavator and conveying this by truck from the immediate site to a suitable place for “stockpiling�. This material could then be processed later. Consequently, the emergency excavation is not the preferred option for a Major Find. 2.3.5 Exposure of Fossil Shell Beds 3.3.5.1 Response of personnel The following responses should be undertaken by personnel in the event of intersection with fossil shell beds: Action 1: The site foreman and EC Officer must be informed; Action 2: The responsible field person (site foreman or EC Officer) must record the following information: • Position (excavation position); • Depth of find in hole; • Digital image of the hole showing the vertical section (side); and • Digital images of the fossiliferous material. Action 3: A generous quantity of the excavated material containing the fossils should be stockpiled near the site, for later examination and sampling; Action 4: The EC Officer is to inform the developer who must then contact the SNTC. The EC Officer is to describe the occurrence and provide images via email. 3.3.5.2 Response by SNTC The SNTC will assess the information and liaise with the developer and the EC Officer and a suitable response will be established. This will most likely be a site visit to document and sample the exposure in detail, before it is covered up. 3.3.6 Exposure of Fossil Wood and Peats 3.3.6.1 Response of personnel The following responses should be undertaken by personnel in the event of exposure of fossil wood and peats: Action 1: The site foreman and EC Officer must be informed; Action 2: The responsible field person (site foreman or EC Officer) must record the following information: • Position (excavation position); • Depth of find in hole; • Digital image of the hole showing the vertical section (side); and • Digital images of the fossiliferous material. Action 3: A generous quantity of the excavated material containing the fossils should be stockpiled near the site, for later examination and sampling; Action 4: The EC Officer is to inform the developer who must then contact the archaeologist. The EC Officer is to describe the occurrence and provide images via email. 3.3.6.2 Response by SNTC The SNTC will assess the information and liaise with the developer and the EC Officer and a suitable response will be established. This will most likely be a site visit to document and sample the exposure in detail, before it is covered up. 3.3.7 Monitoring for Fossils A regular monitoring presence over the period during which excavations are made, by either an archaeologist or palaeontologist, is generally not practical. The field supervisor or foreman and workers involved in digging excavations must be encouraged and informed of the need to watch for potential fossil and buried archaeological material. Workers seeing potential objects are to report to the field supervisor who, in turn, will report to the EC Officer. The EC Officer will inform the archaeologist and/or palaeontologist contracted to be on standby in the case of fossil finds. To this end, responsible persons must be designated. This will include hierarchically: • The field supervisor or foreman who is going to be most often in the field; • The EC Officer for the project; • The Project Manager Should the monitoring of excavations be stipulated in the Archaeological Impact Assessment and/or the Heritage Impact Assessment, the contracted Monitoring Archaeologist (MA) can also monitor for the presence of fossils and a make field assessment of any material brought to attention. The MA is usually sufficiently informed to identify fossil material and this avoids additional monitoring by a palaeontologist. In shallow coastal excavations, the fossils encountered are usually in an archaeological context. The MA then becomes the responsible field person and fulfils the role of liaison with the palaeontologist and coordinates with the developer and the EC Officer. If fossils are exposed in non-archaeological contexts, the palaeontologist should be summoned to document and sample/collect them. 4 CONCLUSION The CFP’s presented in this document serve as international best practice policy for the accidental discovery of heritage resources and burial sites. Based on the definitions provided within this document and the proposed lines of communication, EWSC will be able to mitigate the accidental discovery of heritage resources and burial sites throughout the various phases of the project.