4.5 CULTURAL RESOURCES

Transcription

1 4.5 CULTURAL RESOURCES This section identifies, evaluates, and assesses the potential impacts to cultural resources at the Specific Plan site and along the 13.5 mile (approximately 145 acre) linear alignment alternatives for the proposed off-site water and sewer infrastructure. The discussion includes the federal, state, and local regulatory framework governing cultural resources, the environmental setting of the project site and off-site infrastructure alignment alternatives, an ethnographic discussion of the project area, the prehistoric and historic background, and summary of cultural resources in the region. A project impact analysis and appropriate mitigation measures finalize the discussion. Information for this section is primarily derived from the following sources, which are provided for reference in Appendix D. Archaeological Inventory Survey for Rio d Oro Development Project c. 731 acres; prepared by Sean Michael Jensen, Genesis Society, for on May 13, Archaeological Inventory Survey for Rio d Oro Off-site Infrastructure Project c mile Linear Corridor; prepared by Sean Michael Jensen, Genesis Society for on November 1, 2013 (contained in Appendix D) Butte County General Plan, Chapter 10, Conservation and Open Space Element, Section VIII. Cultural Resources (Adopted: October 26, 2012) Butte County General Plan Draft Environmental Impact Report (Certified: October 26, 2010). Butte County Code of Ordinances (Various Chapters) Setting a. Environmental Setting. The 689 acre project site, located approximately 3 miles west of the unincorporated community of Palermo and 5 miles southwest of downtown Oroville, is in a semi-rural area divided by Highway 70. The 525-acre western portion, extending from Highway 70 to a bluff above Pacific Heights Road and the Oroville Wildlife Area, is proposed for a combination of residential, commercial, and public uses. The 164-acre eastern portion is proposed to be maintained as an open space conservation area. As discussed in Section 2.0, Project Description, there is a preferred off-site alignment for both water and sewer improvements and two alternative routes for construction of off-site sewer improvements. Wastewater Alternative Route 2 would require construction of a sewer force main north along Pacific Heights Road and then east along Georgia Pacific Road to the existing pump station located near the intersection with Merlo Avenue. Wastewater Alternative Route 3 would involve construction of a sewer force main from Palermo Road northward along Occidental Avenue and continue off-road to Baggett Palermo Road and Baggett Marysville Road before connecting with an existing line extending from Palm Avenue. In total, the off-site improvements could temporarily disturb up to 65 acres (13.5 mile corridor at 40 feet in width). However, only one alternative for water and wastewater improvements would be constructed. Improvement areas include land east of Lone Tree Road and areas within the following roads and their rights-of-way: Pacific Heights Road (between Palermo Road and 4.5-1

2 Georgia-Pacific Way), Palermo Road (between SR 70 and Lincoln Blvd), Occidental Avenue (off of Palermo Road), Baggett-Palermo Road (between Baggett-Marysville Road and Ophir Road), Baggett-Marysville Road (between Georgia-Pacific Way and Ophir Road), Ophir Road (between State Highway 70 and Lincoln Blvd), 5th Street (between Georgia-Pacific Way and Simpco Lane), and Georgia Pacific Way (between Ophir Road/Pacific Heights Road and Merlo Avenue). Because the project site and the off-site infrastructure corridors are two distinct areas, each were surveyed and analyzed separately for potential impacts. However, as the project site and the offsite infrastructure improvement corridor are located within the same immediate area, the environmental and cultural settings, including the area s prehistory, ethnography and historical background, are combined into one discussion. Individual information regarding unique aspects of the project site and off-site infrastructure corridor will be discussed where appropriate. Regional Setting. The following information is adapted from the Archaeological Inventory Studies conducted for the Rio d Oro Development Project and the Rio d Oro Off-Site Infrastructure Project (May 13, 2011 and November 1, 2013, respectively). The Area of Potential Effect (APE) includes the 689 acre project site and the 13.5 mile long linear off-site infrastructure corridor (See Figure 4.5-1) generally located along nearby existing public rights-of-way (i.e. segments of Pacific Heights Road, Palermo Road, Georgia Pacific Road, Occidental Avenue, Baggett Palermo Road, Baggett Marysville Road, and South 5 th Avenue). The project area is located at the interface of the northern Sacramento Valley within the lower reaches of the northern Sierra Nevada (Bateman and Wahrhaftig 1966) near the southern margins of volcanic flows emanating from the Cascade Range. Volcanic deposits emanating from the volcanic flows have capped some lands around Oroville, forming, in particular the landmark known as Table Mountain (Klaseen and Ellison 1974). Tertiary placer deposits are also exposed throughout the Oroville area. The discovery of these deposits in early 1849 resulted in a substantial influx of Euro-Americans seeking gold, followed almost immediately by a series of landscape modifications caused by mining activities within creek and river bottom in the County, including the ephemeral stream courses located within the project area. Prior to disturbance associated with mining, native vegetation was dominated by a foothillwoodland community, with small meadows and meadow margins containing both valley and blue oaks, and stream margins dominated by willow, native sycamore, dense blackberry thickets, and a variety of brush species (Barbour and Major; Kuchler 1977). Because the Oroville area is naturally well watered and contains an abundance of plant and animal resources, it was intensively utilized and densely populated by Native Americans during prehistoric times. Small overhang shelters and caves have formed under the hard lava cap at many locations around Oroville, and most of them were utilized for at least temporary habitation. Elsewhere, benches and flats flanking the Feather River and tributary streams were utilized for open-air camps and villages. Native vegetation still dominates portions of the Oroville area, although urban expansion during the past 50 years has substantially fragmented most of the eco-zones, and today native vegetation is typically restricted to small patches of oak-park woodland and riparian associations, particularly along major water courses such as the Feather River and the Honcut Creek system located in the general vicinity of the project area

3 Drawing source: Gallaway Enterprises, Off-Site Infrastructure Cultural Survey Area Figure 4.5-1

4 Prehistoric Background. The earliest residents in the Great Central Valley and adjacent lands along the valley margin are represented by the Fluted Point and Western Pluvial Lakes Traditions, which date from about 11,500 to 7,500 years ago (Moratto 2004). Within portions of central California, fluted projectile points have been found at Tracy Lake (Heizer 1938) and around the margins of Buena Vista Lake in Kern County. Similar materials have been found to the north at Samwel Cave near Shasta Lake and near McCloud and Big Springs in Siskiyou County. These early peoples are thought to have subsisted using a combination of generalized hunting and lacustrine exploitation (Moratto 2004). These early cultural assemblages were followed by an increase in Native population density after about 7,500 years ago. One of the most securely dated of these assemblages in north central California is from the Squaw Creek Site located north of Redding. Evidence suggests extensive Native American presence around 6,500 years ago, or 4,500 B.C. Most of the artifact material dating to this time period has counterparts further south, with clear evidence around Borax (Clear) Lake west-southwest of Oroville, and the Farmington area east of Stockton. Important artifact types from this era include large wide-stemmed projectile points, manos, and metates. In the Central Valley of California and adjacent foothills of the Sierra Nevada around Oroville, aboriginal populations continued to expand between 6,500 and 4,500 years ago, with the possibility that arriving Macro-Penutian-speaking people (including Miwok, Yokuts and Nisenan to the south, and Maidu at Oroville) introduced more extensive use of bulbs and other plant foods, animal and fishing products more intensively processed with mortars and pestles, and perhaps the bow and arrow and associated small stemmed- and corner-notched projectile points (Ragir 1972). Ethnographic Background. The project area is located within territory occupied by the Northwestern Maidu, or Konkow Indians (Dixon 1905; Kroeber 1925; Riddell 1978). The basic social unit for the Maidu and other northern Sacramento Valley and foothill Indian groups was the family, although the village also may be considered a social, political and economic unit. Villages were usually located on flats adjoining streams and were inhabited mainly in the winter as it was necessary to go out into the hills and higher elevation zones to establish temporary camps during food gathering seasons (i.e., spring, summer, and fall). Villages typically consisted of a scattering of bark houses, numbering from four or five to several dozen in larger villages, each house containing a single family of three to seven people. Larger villages, with twelve to fifteen or more houses, might also contain an earth lodge. As with all northern California Indian groups, economic life for the Maidu revolved around hunting, fishing, and the collecting of plant foods, with deer, acorns, and salmon representing primary staples. The collection and processing of these various food resources was accomplished with the use of a wide variety of wooden, bone, and stone artifacts. Moreover, these people were very sophisticated in terms of their knowledge of the uses of local animals and plants and of the availability of raw material sources that could be used in manufacturing primary and secondary tools and implements. However, only fragmentary evidence of their material culture remains, due in part to perishability impacts to archaeological sites resulting from later (historic) land uses

5 Based on the results of previous survey work in the vicinity (e.g., Jensen 1997, 1998b, 1999; Markley 1975; Ritter 1970), the range of prehistoric/native American site types documented within this area generally includes but may not be present within all sites, the following: Surface scatters of lithic artifacts and debitage associated with midden deposits and other surface features, resulting from villages or seasonal encampments; Surface scatters of lithic artifacts and debitage without associated middens, resulting from short-term occupation and/or specialized economic activities; Bedrock milling stations, including both mortar holes and metate slicks, at bedrock outcrops or on isolated boulders, especially along stream courses; Cupped or pitted boulders related to ritual and ceremonial activity; Low rock alignments utilized as hunting blinds or drive walls; Overhanging boulders or natural overhangs along lava escarpments utilized for habitation and related activities; and Isolated finds of aboriginal artifacts and flakes. Historic Background. There is clear evidence that Mexican expeditions and early fur trapping ventures came through and made brief stays within the project vicinity. It was during one such expedition that Arguello named the Feather River itself. Other early travelers helped scout routes for overland trails from the Mississippi River to California. Later, emigrants arrived via several of these trails, including the California Emigrant Trail and the Carson Emigrant Trail. However, the first major incursion by white men occurred with Bidwell s arrival at nearby Chico in the 1840 s and shortly thereafter with the California Gold Rush of The discovery of gold at Ophir (Oroville) was immediately followed by the emergence of numerous communities to the east and northeast at Enterprise, Stringtown, Forbestown, and Bald Rock, to the north at Pentz, Spring Valley, Mesilla Valley, and Cherokee, and to the south along the Feather River south of Oroville and the Honcut Creek system and its numerous tributaries to the south and southeast of the project area (Gudde 1969, 1975). Following initial recovery of placer deposits along the Feather River and other streams, larger and more intensive recovery techniques were employed, particularly just prior to the beginning of the 20th century and through the 1930 s. These more intensive recovery techniques included extensive ground sluicing with mechanized equipment and eventually use of drag-line dredges along segments of the nearby Feather River. This activity substantially affected pre-existing prehistoric sites in the area, and left waste rock piles ranging in size from 10 to 20 feet in length or diameter to piles distributed over multiple thousands of acres. Linking the burgeoning San Francisco and Sacramento Valley population and industry with the gold and timber producing counties to the north and east was a primary objective of 19 th Century entrepreneurs, including mining operations. To this end, voters approved bonds in 1862 to construct the California Northern Railroad, linking Marysville with Oroville. Later in the decade, the line was acquired and expanded by Western Pacific, with the two systems merging with one another near Palermo just to the east of the project area. This action was soon followed by construction of the Oroville Depot and maintenance yard. Attributes of the original historic railroad system long ago disappeared; however, between the 1940 s and 1960 s, modifications to the system were undertaken to accommodate construction of Oroville Dam. Increasing the load 4.5-5

6 capacity of the system required the use of long-haul heavy diesels and expansion of the service capability of the Oroville yard. Ultimately, virtually all components of the original historic system, including ballast, ties, rails, tie plates, switching gear, etc., were replaced and modified where they had become part of the larger system. Where it paralleled the Western Pacific Main Line, the original California Northern Railroad was eventually abandoned and cleared of all tracks, ties, and other components of the original built environment. Transportation other than railroads, along with ranching and agriculture, represent additional major historic themes relevant to the present project area south of Oroville. As with historic and later mining activities associated with transportation projects, ranching and agriculture have also impacted many of the historic and prehistoric components once present in this area. Finally, water storage and water diversion projects were important since earliest historic mining days achieving a new level of significance at Oroville with construction of the Oroville Dam in the late 1950s through mid-1960s. Some of the waste rock piles located south of Oroville, but north of the present project area were utilized in construction of Oroville Dam. These activities did not, however, affect the project area. b. Regulatory Framework Federal. National Historic Preservation Act. The National Historic Preservation Act (NHPA) of 1966 (Public Law , October 15, 1966; 16 U.S.C. 470 et seq.) was established to ensure that prior to the implementation of any federal actions, the impacts of all federally funded or permitted projects on historic properties must be evaluated so that any adverse impacts could be avoided, minimized, or mitigated. Established by a provision of the NHPA, the National Register of Historic Places (NRHP) (36 CRF 60) was developed to serve as the official list of cultural resources determined eligible for protection within the US. To be eligible for listing in the NRHP, a resource must be a significant element of American history, architecture, archaeology, engineering, or culture. Specifically, districts, sites, buildings, structures, and objects of potential significance must meet one or more of the following four criteria: Associated with events that have made a significant contribution to the broad patterns of our history; Yielded, or is likely yield, information important in prehistory or history. Unless the property possesses exceptional significance, it must be at least 45 years old to be eligible for NRHP listing. Associated with the lives of persons significant in our past; or Embodies the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. Local implementation of the federal law is provided by Section 106 of the NHPA. Specifically, this regulation requires all federally funded or federally permitted local or state projects to consider historic preservation. The Section 106 process, as defined in the Code of Federal Regulations (36 CFR Part 800), mandates that federal agencies initiate Section 106 review, most of which takes place between the agency and state and tribal or Native Hawaiian organization 4.5-6

7 officials. A State Historic Preservation Officer (SHPO) coordinates the state s historic preservation program and consults with agencies during Section 106 review. Applicants or consultants preparing information, analyses, and recommendations with respect to cultural resources are required to meet the professional standards under the regulations developed by the Secretary of the Interior (36 CFR Part 800.2). Archaeological Resources Protection Act. The Archaeological Resources Protection Act (ARPA) of 1979 was established to secure the present and future benefit of the American people, to protect archaeological resources and sites which are on public and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before October 31, 1979 (16 U.S.C. 470aa). This regulation requires that any person excavating or removing archaeological resources located on public lands or Indian lands to obtain a permit. ARPA also designates authority for issuing permits to impact archaeological resources to the State (16 U.S.C. 470cc(j)). Native American Graves Protection and Repatriation Act of Native American human remains are protected under the Native American Graves Protection and Repatriation Act of 1990 (25 USC 3001 et seq.). The law which requires federal agencies and certain recipients of federal funds to document Native American human remains and cultural items within their collections, notify Native American groups of their holdings, and provide an opportunity for repatriation of these materials. This act also requires plans to address the potential future collections of Native American human remains and associated funerary objects, sacred objects, and objects of cultural patrimony that might be uncovered as a result of development projects overseen or funded by the federal government. State. California Register of Historic Resources. In 1992, the State of California established a Register of Historic Resources (CRHR) (Public Resources Code ) to identify historical resources and protect certain historical properties from adverse impacts. Specifically, the CRHR includes resources formally determined eligible for, or listed in, the NRHP, State Historic Landmarks numbered 770 or higher, Points of Historical Interest recommended for listing by the State Historical Resources Commission (SHRC), resources nominated for listing and determined eligible in accordance with criteria and procedures adopted by the SHRC, and resources and districts designated as city or county landmarks when the designation criteria are consistent with the following CRHR criteria: Associated with events that have made a significant contribution to the broad patterns of California s history or the cultural heritage; Associated with the lives of persons important to California s past. Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual or possesses high artistic values; or Yielded, or is likely to yield, information important to the prehistory or history

8 Assembly Bill 978 (California Native American Graves Protection and Repatriation Act). The California Native American Graves Protection and Repatriation Act ( of the California Health and Safety Code) establishes a state repatriation policy that is consistent with and facilitates implementation of the federal Native American Graves Protection and Repatriation Act. The Act strives to ensure that all California Indian human remains and cultural items are treated with dignity and respect. California Environmental Quality Act. The California Environmental Quality Act (CEQA) (Public Resources Code (PRC and ) describes and defines unique archaeological resources and historical resources, respectively, and provides clear direction to lead agencies for addressing significant impacts to these resources and qualifying resources for inclusion in the CRHR. The criteria for inclusion of a resource into the CRHR is similar to and based on the NRHP process as outlined in Section 106 of the NHPA (16 U.S. Code [USC] 470). The CEQA Guidelines (California Code of Regulations (CCR) Title 14, Chapter 3, (a)) provides further information on identifying historical resources (i.e., those listed or determined to be eligible for listing in the CRHR), as well as providing direction on determining the level of significance of impacts to cultural resources. For example, substantial adverse changes, such as demolition or material alteration, of a historical resource, including archaeological sites, is generally considered a significant impact. For additional guidance, CEQA addresses specific methodology for mitigating impacts to historical resources and archaeological sites, particularly acknowledging that human remains are to be treated in accordance with the provision of of the Health and Safety Code. Further CEQA guidance (CCR [d]), in tandem with other federal and state laws, ensures the protection of Native American human remains. Senate Bill 18 (Traditional Tribal Cultural Places). Traditional Tribal Cultural Places was signed in to law in September of 2004 to protect traditional tribal cultural places. This bill requires local or county agencies to contact and consult with California Native American Tribes before adopting or amending a General Plan or Specific Plan, or when designating land as openspace for the purpose of protecting Native American cultural places (Government Code ). Once contacted, the Tribes have 90 days to request consultation. Senate Bill 18 does not include consultation with state or federal agencies as part of the Section 106 compliance under NHPA. Native American Heritage Commission & California Public Resources Code. The Native American Heritage Commission (NAHC) was established to regulate Native American concerns regarding the excavation of Native American cultural resources. The limits of its jurisdiction are established in the PRC and Health and Safety Code The disposition of Native American burial falls within the jurisdiction of the NAHC. Specifically, the section states that, No person shall knowingly and willfully excavate upon, or remove, destroy, injure or deface any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over such lands. Among other things, the NAHC is authorized to resolve disputes relating to the treatment and disposition of Native American human remains and items associated with burials. Upon notification of the discovery of human 4.5-8

9 remains by a county coroner, the NAHC is responsible for notifying the Native American group or most likely descendent. PRC 5097 specifies the procedures to be following in the event of the unexpected discovery of human remains on nonfederal land. Further, PRC states that no public agency or private party on public property shall interfere with the free expression or exercise of Native American Religion, and that no such agency or party [shall] cause severe or irreparable damage to any Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine except on a clear and convincing showing that the public interest and necessity so require. County and city lands are exempt from this provision, expect for parklands larger than 100 acres. Local. Butte County Code of Ordinances. In addition to federal and state law, the Butte County Code of Ordinances both considers and regulates impacts to cultural resources. The County Code provides for the protection of cultural resources throughout various chapters and sections of the document, with specific protection and conservation for historical and archaeological cultural resources cited in the Chapter 13: Grading and Mining, Chapter 20: Subdivision, Chapter 24: Zoning, and Chapter 26: Buildings. Essentially, these code sections address avoiding, preserving, and mitigating impacts to important cultural resources and sensitive archaeological sites, as well as addressing various components of Building Code requirements associated with the maintenance, construction, and demolition of historic structures or the design of new development locating adjacent to existing historical structures. Butte County General Plan The 2030 Butte County General Plan s goals and policies related to the preservation of both prehistoric and historic resources are contained in Chapter 10: Conservation and Open Space Element of the document and provide a comprehensive approach to addressing cultural resources throughout the County. These goals and associated policies include: Goals Goal COS-14. Preserve important cultural resources. Goal COS-15. Ensure that new development does not adversely impact cultural resources. Goal COS-16. Respect Native American culture and planning concerns. Policies COS-P14.1. Historic and cultural resources management shall be coordinated with nearby jurisdictions, including the five incorporated municipalities, the Lassen and Plumas National Forests, other planning and regulatory agencies, and local tribes. COS-P14.2. As part of CEQA and NEPA projects, evaluations of surface and subsurface cultural resources in the county shall be conducted. Such evaluations should involve consultation with the Northeast Information Center

10 COS-P14.3. The Northeast Information Center and appropriate historic and preservation professionals shall be consulted when considering re-use of historic sites. COS-P15.1. Areas found during construction to contain significant historic or prehistoric archaeological artifacts shall be examined by a qualified consulting archaeologist or historian for appropriate protection and preservation. Historic or prehistoric artifacts found during construction shall be examined by a qualified consulting archaeologist or historian to determine their significance and develop appropriate protection and preservation measures. COS-P15.2. Any archaeological or paleontological resources on a development project site shall be either preserved in their sites or adequately documented as a condition of removal. When a development project has sufficient flexibility, avoidance and preservation of the resource shall be the primary mitigation measure. COS-P15.3. Demolition permit applications on potentially important historic sites shall be subject to discretionary review. COS-P16.1. County staff shall participate in a dialog with local Native American tribes to collaborate on the tribal land use plans. COS-P16.2. Impacts to the traditional Native American landscape shall be considered during California Environmental Quality Act or National Environmental Policy Act review of development proposals. COS-P16.3. Human remains discovered during implementation of public and private development projects shall be treated with dignity and respect. Such treatment shall fully comply with the federal Native American Graves Protection and Repatriation Act and other appropriate laws. COS-P16.4. If human remains are located during any ground disturbing activity, work shall stop until the County Coroner has been contacted, and, if the human remains are determined to be of Native American origin, the NAHC and most likely descendant have been consulted. COS-P16.5. Consistent with State, local and tribal intergovernmental consultation requirements such as SB18, the County shall consult with Native American tribes that may be interested in proposed new development projects and land use policy changes. c. Archaeological Survey Methodology and Findings. Rio d Oro Project Site. The Rio d Oro Project area surveyed included just over 689 acres. An original archaeological/cultural inventory survey of the project site occurred in August of 2006 and was detailed in the Archaeological Inventory Survey titled Palermo 690 Development Project (Jensen, 2006). Subsequently, the project size was increased to include a proposed commercial area on the north end of the project site. The May 2011 report prepared by Jensen combines the findings from the 2006 and 2011 Archaeological Inventory Surveys. The following

11 evaluation was conducted in conformance with CEQA, Butte County codes and regulations, and in preparation for any forthcoming federal permitting processes that will require compliance with Section 106 of the NHPA: 1. A records search was conducted at the Northeast Information Center (NEIC) at CSU, Chico (I.C. File # W11-39, dated April 28, 2011). 2. The Native American Heritage Commission and Native American representatives with cultural ties to the project site were consulted. 3. A complete-coverage, intensive level pedestrian survey of the project site was conducted. Results of these evaluations revealed the following existing conditions at the project site: Approximately 90% of the site has been formally surveyed for cultural resources as a result of three previous investigations; No prehistoric sites have been formally recorded or otherwise identified within or adjacent to the subject property; One historic-era site consisting of waste rock piles has been documented within the subject property (P ). The site, previously recorded by Jensen in 2006, had been originally examined in 2001 (Noble) and again in 2005 (Dwyer) as part of the investigation for nearby transportation projects. In 2001, Caltrans recommended the site not eligible for inclusion in on the National Register of Historic Places and on November 6, 2001 the State Historic Preservation Officer (SHPO) concurred with the recommendation. Consequently, the site is not considered a historic property and no further consideration is warranted. Another historic-era site, the Oroville Dredge Fields, has been documented within the general project vicinity. However, this resource is located outside of the subject property and would not be affected by the project; An examination of the Archaeological Survey Report (ASR) and Historic Property Survey Report (HPSR) prepared by Dwyer in 2005 indicated that in addition to the records maintained by the NEIC, a records search was conducted within the Caltrans project files and historic resources web pages. During this search, two historic sites were identified within Caltrans APE, with an additional five historic sites located within a one-half mile radius of their APE; and Two of the seven sites identified by Caltrans included a large dredge tailings field and small tailings piles. All seven sites were recommended not eligible for inclusion on the National Register of Historic Places (Noble 2001). The State Historic Preservation Officer (SHPO) concurred with this finding on November 6, 2001 (Dwyer 2005:3). In addition to examining the records at the NEIC and reviewing published and other sources of information, consultation was performed with the Native American Heritage Commission (NAHC) as required by Senate Bill (SB) 18 regarding sacred land listings for the property, and

12 with Maidu representatives identified by the NAHC. The NAHC response indicated no sacred land listings for the project area or adjacent lands. The consultation list from the NAHC included the following: Mooretown Rancheria, Konkow Valley Band of Maidu, and April Wallace Moore. All representatives on the NAHC contact list were requested to supply information they might have concerning prehistoric sites or traditional use areas within, adjacent, or near the project area. To date, no additional responses have been received beyond the three submitted during consultation undertaken for the Palermo 690 project (Jensen, 2006). In summary, the responses received from the Tyme Maidu Tribe/Berry Creek Rancheria and the Enterprise Rancheria indicated no prior knowledge of any archaeological or cultural sites within the subject property. However, as the area was identified as a travelling route and village sites for tribal people, a request was made to contact the Enterprise, Berry Creek, and Mooretown Rancherias and the Konkow Valley Band of Maidu in the event of archaeological discovery. An additional request was made to include Native American monitors on the project site; however, since no prehistoric sites were discovered within or adjacent to the project area during either the records search or pedestrian survey, further consultation was not undertaken. Rio d Oro Off-Site Infrastructure Corridor. The area surveyed consisted of linear corridors varying from feet in width for a length of 13.5 linear miles, constituting the approximately 145 acre area. The alignment is not a single straightaway, rather it is looped around the project site coterminous with existing nearby paved public rights-of-way (i.e. segments of Pacific Heights Road, Palermo Road, Georgia Pacific Road, Occidental Avenue, Baggett Palermo Road, Baggett Marysville Road, and South 5 th Avenue). The archaeological/cultural inventory survey of the offsite infrastructure corridor was prepared November 1, All evaluation work was conducted in conformance with CEQA, Butte County codes and regulations, and in preparation for forthcoming federal permitting processes that will require compliance with Section 106 of the NHPA. 1. A records search was conducted at the Northeast Information Center (NEIC) at CSU, Chico (I.C. File # W13-164, dated September 19, 2013); 2. The Native American Heritage Commission and Native American representatives with cultural ties to the project site were consulted; and 3. A complete-coverage, intensive level pedestrian survey of the project site was conducted. Results of these evaluations revealed the following existing conditions at the project site: Approximately 80% of the project area has been formally surveyed for cultural resources as a result of seven previous investigations. Detailed survey information is provided in the Archaeological Inventory Survey (Jensen, 2013);

13 No prehistoric sites have been formally recorded or otherwise identified within or adjacent to the subject property; Ten (10) historic-era sites, mainly consisting of various dredged waste rock piles, ranch structures (residences, barns, outbuildings, etc.), concrete foundations, refuse scatters, and abandoned road, ditch, and railroad spur segments have been documented in the immediate area, with only two sites, a portion of the Oroville Dredge Fields (waste rock piles) and a portion of the abandoned spur of the Western Pacific Railroad located within the APE; An examination of the ASR and HPSR prepared by Dwyer in 2005 indicated that in addition to the records maintained by the NEIC, a records search was conducted within the Caltrans project files and historic resources web pages; Seven of the ten sites were recommended not eligible for inclusion on the National Register of Historic Places (Noble 2001). The State Historic Preservation Officer (SHPO) concurred with this finding on November 6, 2001 (Dwyer 2005:3; and. The ASR and HPSR (Hope 2002) indicated that the three remaining sites were determined by Caltrans as neither eligible for inclusion on the National Register of Historic Places, nor a significant historic resource in accordance with CEQA Impact Analysis a. Significance Thresholds According to CEQA Guidelines Appendix G, a project would have a significant impact on Cultural Resources if the project would: Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Disturb any human remains, including those interred outside of formal cemeteries. b. Project Impacts and Mitigation Measures Impact CR-1 Development of the project and the off-site infrastructure has the potential to result in a substantial adverse change in the significance of a historical resource. This impact would be Class II, significant but mitigable. The construction of the project site and off-site infrastructure improvements could result in the substantial adverse change in the significance of a historical resource in the event of an inadvertent resource discovery. However, neither the pedestrian survey, existing NEIC records, consultation with tribal representatives, nor consultation with the Native American Heritage Commission yielded any information concerning historical sites or features, traditional use areas,

14 or Sacred Land listings within or adjacent to the project site or within the off-site infrastructure corridor. The previous survey work conducted by Caltrans for adjoining transportation projects resulted in recordation of one historic-era site (P ) consisting of waste rock piles located within the project boundaries. Caltrans evaluated the site, recommended that it was ineligible for inclusion on the National Register of Historic Places, and on November 6, 2001, the State Historic Preservation Officer (SHPO) concurred with the recommendation. Consequently, the site is not considered a historic resource requiring any further evaluation, mitigation, or avoidance. Historical resources are not anticipated to be discovered at the site during buildout. Any potential impacts to unknown resources likely would occur during the construction phase of the project only. The project does include resource conservation areas that will retain their current resource conservation designations and not be disturbed by construction activities. As a result, there are no impacts to historical resources anticipated within the resource conservation areas. Historic resources could be impacted in the event of an inadvertent resource discovery during project construction. Once the project is built and the off-site infrastructure installed, there is no reasonable possibility of adversely impacting the significance of a historic resource. However, the potential for disturbance during the construction phase is considered a potentially significant impact. Implementation of the following mitigations measure would reduce the impact to a less than significant level. As such, impacts would be Class II, significant but mitigable impact. Mitigation Measures. The following measures would serve to reduce the construction of the proposed project site and off-site infrastructure impacts to historic resources to a less than significant level. CR-1(a) Notification of Archaeologist. If during excavation or earth moving activities, either within the project site or within the offsite infrastructure corridor, the construction contractor identifies potential historic or archaeological resources, the County or local jurisdiction would be notified and a professional archaeologist meeting the minimum qualifications in archaeology as set forth in the Secretary of the Interior s Standards and Guidelines will be contracted by the developer and dispatched to assess the nature and significance of the find in the following manner: All excavation and/or grading within 10 feet of the discovery area shall cease immediately. The responding archaeologist may, after analyzing the discovery, authorize an alternate buffer around the materials to ensure adequate evaluation and protection of potential historic and/or archaeological resource(s) during continued construction operations. Additional evaluation of the historic and/or archaeological resource(s) shall be conducted and significance of the materials determined. If the discovery is considered significant, the archaeologist shall develop and implement a late-discovery mitigation strategy in conjunction with the

15 County, or responsible local agency, to minimize and/or avoid the impact, where appropriate. CR-1(b) CR-1(c) Human Remains. If human remains are encountered during the construction of the project site or the off-site infrastructure corridor, California Health and Safety Code Section requires that all disturbance at the site cease immediately within a 100 foot radius of the discovery, the County Coroner be notified, and a determination of origin and disposition provided by the Coroner pursuant to Public Resource Code Section If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Note on Construction Plans. The County, or subsequent responsible local agency, Community Development and Public Works Departments shall require the inclusion of a note on all development and infrastructure project construction plans specifying that construction, excavation, and earthwork shall cease immediately if historical, archaeological, or paleontological resources are discovered to enable a professional archaeologist to assess, evaluate, and mitigate or avoid the potential impacts to resources as appropriate. Significance After Mitigation. Implementation of these measures would reduce potential impacts on historic resources to a less than significant level. Impact CR-2 Development of the project and the off-site infrastructure has the potential to result in a substantial adverse change in the significance of an archaeological resource. This impact would be Class II, significant but mitigable. The construction of the project site and off-site infrastructure improvements could result in the substantial adverse change in the significance of an archaeological resource in the event of an inadvertent resource discovery. However, neither the pedestrian survey, existing NEIC records, consultation with tribal representatives, nor consultation with the Native American Heritage Commission yielded any information concerning archaeological sites or features, traditional use areas, or Sacred Land listings within or adjacent to the project site or within the off-site infrastructure corridor

16 Archaeological resources are not anticipated to be discovered after project buildout or after the off-site infrastructure has been installed and is fully functioning. Any potential impacts to unknown resources likely would occur during the construction phase of the project only. The project does include resource conservation areas that will retain their current resource conservation designation and not be disturbed by development construction activities. As a result, there are no impacts to archaeological resources anticipated within the resource conservation areas. Archaeological resources could be impacted in the event of an inadvertent resource discovery during project construction. Once the project is built and the off-site infrastructure installed, there is no reasonable possibility of adversely impacting the significance of a resource. However, the potential of disturbance during the construction phase is considered a potentially significant impact. Implementation of the following mitigations measure would reduce the impact to a less than significant level. As such, impacts would be Class II, significant but mitigable impact. Mitigation Measures. Mitigation Measures CR-1(a), CR-1(b), and CR-1(c) shall be implemented to minimize the potential for impacts to archaeological resources during the construction of the project and off-site infrastructure to reduce impacts to archaeological resources to a less than significant level. Significance After Mitigation. Implementation of these measures would reduce potential impacts on archaeological resources to a less than significant level. Impact CR-3 Development of the project and the off-site infrastructure has the potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. This impact would be Class II, significant but mitigable. The project is not anticipated to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature during the construction of the project and the installation of the off-site infrastructure. While the potential exists for the inadvertent discovery of these resources during the construction phase of the project and installation of the off-site infrastructure, neither the pedestrian survey, existing records at the NEIC, consultation with tribal representatives, nor consultation with the Native American Heritage Commission yielded any information concerning these sites or features within or adjacent to the project site or within the off-site infrastructure corridor. Unique paleontological resources or sites or unique geologic features are not anticipated to be discovered during the buildout phase of the project or operations of the off-site infrastructure. Any potential impacts to unknown resources likely would occur during the construction phase of the project only. The project does include resource conservation areas that will retain their current resource conservation designation and not be disturbed by development construction activities. As a result, there are no impacts to unique paleontological resources or sites or unique geologic features resources anticipated within the resource conservation areas. Unique paleontological resources or sites or unique geologic features could be impacted in the event of an inadvertent resource discovery during project construction. Once the project is built

17 and the off-site infrastructure installed, there is no reasonable possibility of adversely impacting the significance of these resources. However, the potential of disturbance during the construction phase is considered a potentially significant impact. Implementation of the following mitigation measures would reduce the impact to a less than significant level. As such, impacts would be Class II, significant but mitigable impact. Mitigation Measures. Mitigation Measures CR-1c and CR-3 shall be implemented to minimize the potential for impacts to unique paleontological resources or sites or unique geologic features during the construction of the project and off-site infrastructure to reduce impacts to a less than significant level. CR-3 Qualified Paleontologist. In the event a fossil is discovered during any earthwork activities for the proposed project and installation of the off-site infrastructure, all construction within 100 feet of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The paleontologist shall notify Butte County, or responsible local agency, to determine procedures to be followed before construction is allowed to resume at the location of the find. If the find is determined to be significant and the County determines that avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. The plan shall be submitted to the local agency for review and approval. Upon approval, the plan shall be incorporated into the project. Significance After Mitigation. Implementation of these measures would reduce potential impacts to unique paleontological resources or sites or unique geologic features to a less than significant level. Impact CR-4 Development of the project and the off-site infrastructure has the potential to disturb human remains, including those interred outside of formal cemeteries. This impact would be Class II, significant but mitigable. While the proposed project has the potential to disturb human remains, this impacts is not anticipated as no cemeteries are known to occur within or in proximity to the project site or offsite infrastructure alignment. Further, no evidence of a cemetery or burial area was identified during the data research and field work performed for the project site and the off-site infrastructure corridor. Mitigation Measure. Mitigation Measure CR-1(b) (i.e., Section of the California Health and Safety Code) will be implemented to reduce potential impacts to buried human remains during the construction of the project and off-site infrastructure. Significance After Mitigation. Implementation of Mitigation Measure CR-1(b) would reduce potential impacts on buried human remains to a less than significant level