GABRIELE ÑO BAND OF MISSION INDIANS – KIZH
NATION
California State Recognized Aboriginal Tribe of the Los Angeles Basin (Historically known as the Gabriele ño Tribal Council - San Gabriel Band of Mission Indians) GABRIELENO BAND OF MISSION INDIANS – KIZH NATION - PROPOSED TCR MITIGATION MEASURES TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities A. The City of Pomona shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained by the City of Pomona prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/ definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the City of Pomona prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground- disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the City of Pomona upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the City of Pomona that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the City of Pomona that no future, planned construction activity and/or development/ construction phase at the project site possesses the potential to impact Kizh TCRs.
E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 60 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.
TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or Attachment 4
cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.
B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the
human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.
C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other feasible mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
TCR-3: Procedures for Burials and Funerary Remains:
A. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.
B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.
C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.
E. In the event preservation in place is not possible despite good faith efforts by the City of Pomona, before
ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project property for the respectful reburial of the human remains and/or ceremonial objects.
F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project property but at a location agreed upon between the Tribe and the City of Pomona at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
G. The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
PLEASE NOTE THE FOLLOWING:
Any/all revisions to the Kizh’s proposed TCR mitigations set forth above must be requested in writing, and not more than ten (10) calendar days from the date that we consulted on the subject Project. Requested revisions shall be delivered to the Kizh via email at [email protected], and in a Word document, redline format. Please include as the email subject: “REQUEST FOR MITIGATION REVISIONS,” and identify the project name and location/address. If revisions are not requested within 10 calendar days of consultation, the Kizh’s proposed mitigations are presumed accepted as proposed (i.e., as set forth above).
Thank you for your anticipated cooperation.
1 Anaya, Jorge
From: Anaya, Jorge
Sent: Thursday, September 29, 2022 2:16 PM
To: 'Ryan Nordness'
Cc: Abelson, Jonathan; Ortega, Anthony; Holmdal, Alexis Subject: RE: AB52 Notice for the Pedley Spreading Grounds Pond Enhancement Project, Claremont, CA
Categories: Review / Milestone
Hi Ryan,
Thanks for taking the time to review and respond to our letter. We appreciate your response and the team will make sure to incorporate the language below within the project and contract documents. A copy will be sent at or near final completion for your review of language inclusions.
Thanks again,
Jorge D. Ana
ya, P.E.
Senior Water Resources Engineer
148 N. Huntington St., Pomona, CA 91768
(909) 802-7420
[email protected]
From
: Ryan Nordness <Ryan.Nordness@sanmanuel‐nsn.gov>
Sent: Thursday, September 29, 2022 1:55 PM
To: Anaya, Jorge <[email protected]>
Subject: AB52 Notice for the Pedley Spreading Grounds Pond Enhancement Project, Claremont, CA CAUTI
ON: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Hello Jorge,
Thank you for contacting the Yuhaaviatam of San Manuel Nation (formerly known as the San Manuel Band of Mission Indians) regarding the above referenced project. YSMN appreciates the opportunity to review the project documentation, which was received by our Cultural Resources Management Department on August 9th 2022, pursuant to CEQA (as amended, 2015) and CA PRC 21080.3.1. The proposed project area exists within Serrano ancestral territory and, therefore, is of interest to the Tribe. However, due to the nature and location of the proposed project, and given the CRM Department’s present state of knowledge, YSMN does not have an y concerns with the project’s implementation, as planned, at this time. As a result, YSMN requests that the following language be made a part of the project/permit/plan conditions:
CUL MMs
1. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (wi
thin a 60‐foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cu ltural Resources Department (YSMN) shall be contacted, as detailed within TCR‐1, regarding any pre‐contact and/or 2 historic‐era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
2. If significant pre‐contact and/or historic‐era cultural resources, as defined by CEQA (as amended, 2015), are discovered an d avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR‐1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
3. If human remains or funer ary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100‐foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
TCR MMs
1. The Yuhaavia
tam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed in CR‐1, of any pre‐contact and/or historic‐era cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input wi th regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with YSMN, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a moni tor to be present that represents YSMN for the remainder of the project, should YSMN elect to place a monitor on‐site.
2. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for di ssemination to YSMN. The Lead Agency and/or applicant shall, in good faith, consult with YSMN throughout the life of the project.
Note: Yuhaaviatam of San Manuel Nation realizes that there may be additional tribes claiming cultural affiliation to the area; however, Yuhaaviatam of San Manuel Nation can only speak for itself. The Tribe has no objection if the agency, developer, and/or archaeologist wishes to consult with other tribes in addition to YSMN and if the Lead Ag ency wishes to revise the conditions to recognize additional tribes.
Please provide the final copy of the project/permit/plan conditions so that YSMN may review the included language.
This communication concludes YSMN’s input on this project, at this time, and no additional consultation pursuant to CEQA is required unless there is an unanticipated discovery of cultural resources during project implementation. If you should have any further qu
estions with regard to this matter, please do not hesitate to contact me at your convenience, as I will be your Point of Contact (POC) for YSMN with respect to this project.
Respectfully,
Ryan Nordness
Ryan Nordness
Cultural Resource Analyst
Ryan.Nordness@sanmanuel‐nsn.gov
O:(909) 864‐8933 Ext 50‐2022
M:(909) 838‐4053
26569 Community Center Dr Highland, California 92346
1 Anaya, Jorge
From: Anaya, Jorge
Sent: Monday, September 26, 2022 10:09 AM
To: 'Quechan Historic Preservation '
Cc: Abelson, Jonathan; Ortega, Anthony
Subject: RE: Pedley Spreading Grounds Pond Enhancement Project, Claremont, Los Angeles County, CA
Categories: Review / Milestone
Thank you for your response H. hill.
Jorge D. Anaya
City of Pomona | Water Resources Department
From:
Quechan Historic Preservation <[email protected]> Sent: Monday, September 12, 2022 8:53 AM
To: Anaya, Jorge <[email protected]>
Subject: Pedley Spreading Grounds Pond Enhancement Project, Claremont, Los Angeles County, CA CAUTIO
N: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
This email is to inform you that we have no comments on this project. We defer to the more local Tribes and support their decisions on the projects.
H. Jill McCormick, M.A.
Historic Preservation Officer
Ft. Yuma Quechan Tribe
P.O. Box 1899
Yuma, AZ 85366
Office: 760‐572‐2423
Cell: 928‐261‐0254
From: Gabrieleno Administration <[email protected]> Sent: Thursday, February 23, 2023 4:53 PM
To: Ortega, Anthony <[email protected]>
Subject: Re: Pedley Spreading Grounds Mitigation Measures CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Hello Anthony
Thank you for your response. We are okay with the mitigation measures. Thank you for your time and respect. We look forward to working with you. Down below are the mitigation measures we advised as well.
Thank you
Brandy Salas
Admin Specialist
Gabrieleno Band of Mission Indians - Kizh Nation
PO Box 393
Covina, CA 91723
Office: 844-390-0787
website: www.gabrielenoindians.org
The region where Gabrieleño culture thrived for more than eight centuries encompassed most of Los Angeles County, more than half of Orange County and portions of Riverside and San Bernardino counties. It was the labor of the Gabrieleño who built the missions, ranchos and the pueblos of Los Angeles. They were trained in the trades, and they did the construction and maintenance, as well as the farming and managing of herds of livestock. “The Gabrieleño are the ones who did all this work, and they really are the foundation of the early economy of the Los Angeles area “ . “That’s a contribution that Los Angeles has not recognized--the fact that in its early decades, without the Gabrieleño, the community simply would not have survived.”
On Wed, Feb 22, 2023 at 4:42 PM Ortega, Anthony <[email protected]> wrote:
Good Evening,
Thanks for the call earlier today. This email confirms the proposed mitigation edits (including “retained by City of Pomona” in TCR-1 Section A.) will be incorporated and are acceptable to Kizh Nation. These edits have been noted as comments to the attached document and will be incorporated in our project documents and specifications. I will share a copy with you at a later date, but prior to advertising for construction.
We thank you for your time and look forward to coordinating with you to ensure monitoring occurs accordingly.
Our team will now be proceeding with public posting of our CEQA documentation.
Thanks again,
Anthony Ortega
Management Analyst
Water Resources
(909) 802-7422
City Hall, 505 S. Garey Ave., Pomona, CA 91766, (909) 620-2311
THE CITY OF
POMONA
Water Resources Department
A
pril 24, 2023
To:
Department of Transportation
District 7
100 South Main Street, MS 16
Los Angeles, California 90012
Sub
ject: Pedley Spreading Grounds Pond Enhancements Project SCH #2023030023 (GTS # 07-LA-2023-04178)
Attention: Miya Edmonson, LDR/CEQA Branch Chief
D
ear Ms. Edmonson:
T
he City of Pomona appreciates your comments on the California Environmental Quality Act (CEQA) Initial Study for the Pedley Spreading Grounds Pond Enhancement Project. In response to your comments, the City of Pomona has amended the mitigation measures in the Mitigation Monitoring and Reporting Program (MMRP) for the project to include:
1. C
onstruction workers shall be encouraged to carpool or utilize public transportation, when possible, to the project sites. [Added to mitigation measure TR-1]
2. D
uring construction, soil hauling trucks traveling on State highways shall be covered with tarpaulin to avoid spilling debris onto State facilities. [Added to mitigation measure TR-3] T
he City also acknowledges that transportation of heavy construction equipment and/or materials which requires use of oversized-transport vehicles on State Highways will need a Caltrans transportation permit. Consistent with Caltrans’ comments, Mitigation Measures TR-1, TR-2 and TR-3 require construction traffic including deliveries and haul trucks to access the project site during off-peak hours or limit access during the peak hours.
T
hank you for your review of the CEQA document for this project. Additional questions regarding the project can be directed to Jorge Anaya, City of Pomona Water Resources Department, [email protected].
City Hall, 505 S. Garey Ave., Pomona, CA 91766, (909) 620-2311 Sincerely,
J
orge D. Anaya
Senior Water Resources Engineer
cc:
Chris Diggs, Water Resources Director
Julie Carver, Environmental Compliance Supervisor
Jorge Anaya
City Hall, 505 S. Garey Ave., Pomona, CA 91766, (909) 620-2311
THE CITY OF
POMONA
Water Resources Department
April 24, 2023
To: California Department of Fish and Wildlife
South Coast Region
3883 Ruffin Road
San Diego, California 92123
Subject: Pedley Spreading Grounds Pond Enhancements Project SCH #2023030023 Attention: Erinn Wilson-Olgin, Environmental Program Manager I Dear Ms. Wilson-Olgin:
The City of Pomona appreciates your comments on the California Environmental Quality Act (CEQA) Initial Study for the Pedley Spreading Grounds Pond Enhancement Project. In response to your comments, the City of Pomona has amended the mitigation measures in the Mitigation Monitoring and Reporting Program (MMRP) for the project to include:
Crotch’s Bumble Bee – Mitigation measure BR-5 has been added to include survey for Crotch’s bumble bee between March 1 to September 1, development of an avoidance plan if the species is detected, and coordination with CDFW regarding appropriate permits if impacts cannot be feasibly avoided during project construction.
Southern California legless lizard and San Diego woodrat – Mitigation measure BR-1 has been revised to: 1) specifically reference preconstruction focused surveys for Southern California legless lizard and San Diego woodrat, 2) note that if sensitive wildlife species are detected, the area will be flagged, photos taken, location mapped, and CDFW notified prior to any ground- disturbing activities, 3) detail procedures for non-invasive, passive relocation, and 4) detail procedures to follow in the event of the death or injury of a special status animal. Worker Training – Mitigation measure BR-3 has been revised to detail procedures if construction workers encounter a sensitive species during construction of the project (stop work, notify the project biologist, and resume work in the area of the find only if authorized by the project biologist).
City Hall, 505 S. Garey Ave., Pomona, CA 91766, (909) 620-2311 Rare Plants – Mitigation measure BR-1 has been revised to include season-appropriate, focused rare plant surveys for intermediate mariposa-lily (Calochortus weedii var. intermedius), lucky morning glory (Calystegia felix), white rabbit tobacco (Pseudognaphalium leucocephalum), and Sanford’s arrowhead (Sagittaria sanfordii).
Nesting Birds – The City is committed to limiting impacts to nesting birds at the project site and will implement mitigation measure BR-2. However, the use of the site for stormwater management generally limits the construction period to the non-rainy season. Additionally, the site is immediately adjacent to an elementary school and construction noise impacts on the school are a project consideration. Therefore, limitation of the construction period to outside of the bird nesting season may not be feasible at this project location.
The City understands and acknowledges that handling permits are required to capture, temporarily possess, and relocate wildlife to avoid harm or mortality in connection with project construction.
Further, the City acknowledges that it will report any special status species detected during project construction by completing and submitting CNDDB Field Survey Forms. The City will pay appropriate filing fees upon filing of the Notice of Determination for the project.
Thank you for your review of the CEQA document for this project. Additional questions regarding the project can be directed to Jorge Anaya, City of Pomona Water Resources Department, [email protected].
Sincerely,
Jorge D. Anaya
Senior Water Resources Engineer
cc: Chris Diggs, Water Resources Director
Julie Carver, Environmental Compliance Supervisor
Jorge Anaya