Below is the text of a letter I received from the head of the Pennsylvania DOT division responsible for overseeing CRM, etc. For a detailed report on the site referred to in the letter (36Bk588), please visit the following URL: 
 
<http://www.city-net.com/~davidsr/amish/>
 
PennDOT, it would appear, has no qualms over conducting Phase III investigations on a site that upon review by a qualified historical archaeologist was determined not only not eligible for NRHP listing, but that the type and time period of the site were not even remotely close to what the Phase I/II investigator who recommended Phase III work determined.
 
############ SNIP ##############################
 
 
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
 
May 7, 1997                                              
 
IN REPLY REFER TO: PennDOT Consultant Contracts
 
 
David S. Rotenstein, Ph.D.
70 Maplewood Street
Pittsburgh, PA 15223
 
 
Dear Dr. Rotenstein:
 
Thank you for your interest in the Department's archaeology program, in response to your letter of April II, 1997, Chapter V - Professional Standards of the Pennsylvania Historical and Museum Commission's (PHMC) State Guidelines draws an important distinction between requirements and recommendations in both the Principal Investigator and Field Supervisor Standards.  Principal Investigators must minimally meet A, B, and C. Principal Investigators should also meet D- however, this is not a PHMC requirement.  Likewise, Field supervisors should have an advanced degree, but again this is not a PHMC requirement.
 
With regard to Skelly and Loy's undertaking of 36 BK 588 without a trained historical archaeologist, the Department does not use the SOPA Code of Ethics in its contracting procedures.  Neither the existing Department Procedures (SOL 430-92-29), the Consultant's Technical Proposal (June 25, 1992), nor the State Guidelines require an historical archaeologist as Principal Investigator on an historic site for fieldwork, or a field supervisor with an advanced degree.
 
Finally, the Department treats the State Guidelines as guidelines, which are not necessarily prescriptive.  Unless specific provisions have been made a requirement in the scope of work, or the consultant has committed to specific conditions specified by the Guidelines, the Department will continue to interpret the State Guidelines flexibly within the context of Department policy and procedures.
 
Sincerely,
 
 
Wayne W. Kober, Director
Bureau of Environmental Quality