If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 50-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for pre-contact and historic archaeologist, shall be retained to evaluate the significance of the find, and shall have the authority to modify the nowork radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find:
If the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately, and no agency notifications are required.
If the professional archaeologist determines that the find does represent a cultural resource from any time period or cultural affiliation, he or she shall immediately notify the Bureau of Reclamation, the City of Yuba City, and applicable landowner. The agencies shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined in Section 15064.5(a) of the CEQA Guidelines.
In the event cultural
resources or human
remains are
uncovered
During grounddisturbing
activities
City of Yuba City
Groundwater Well Installation
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
Work may not resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the site either: 1) is not a Historical Resource under CEQA, as defined in Section 15064.5(a) of the CEQA Guidelines; or 2) that the treatment measures have been completed to their satisfaction.
Mitigation Measure CUL-2: Human Remains
If the find includes human remains, or remains that are potentially human, he or she the archaeologist shall ensure reasonable protection measures are taken to protect the discovery from disturbance (AB 2641). The archaeologist shall notify the Sutter County Coroner (per § 7050.5 of the Health and Safety Code). The provisions of § 7050.5 of the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be implemented. If the Coroner determines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the project (§ 5097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (§ 5097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate Information Center, using an open space or conservation zoning designation or easement, or recording a reinternment document with the county in which the property is located (AB 2641). Work may not resume within the no-work radius until the lead agencies agency, through consultation as appropriate, determines that the treatment measures have been completed to their its satisfaction.
In the event cultural
resources or human
remains are
uncovered
During ground
disturbing
activities
City of Yuba City
Mitigation Measure TCR-1: Construction FieldVisit
A minimum of seven calendar days prior to the start of construction, the project proponent shall send a written notice to the United Auburn Indian Community to provide the option for a tribal representative to visit the project location to observeany soil piles or other disturbed areas within the first five days of ground-breaking activity, at its own expense and discretion. Construction activity may be ongoing during this time. Should the tribe choose not to perform a field visit within the first five days, construction activities may continue as scheduled, as long as the notification was made and documented.
During the first 5 days
of construction Once City of Yuba City
Groundwater Well Installation
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
Mitigation Measure TCR-2: Worker Awareness Training
The City shall ensure that a Worker Awareness Training Program is developed and delivered to train equipment operators about tribal cultural resources. The program shall be designed to inform workers about: federal and state regulations pertaining to cultural resources and tribal cultural resources; the subsurface indicators of resources that shall require a work stoppage; procedures for notifying the City of any occurrences; and enforcement of penalties and repercussions for non-compliance with the program. Worker training will be provided in person on the first day of scheduled construction and all equipment operators will be provided a copy of a brochure provided by the United Auburn Indian Community (UAIC). The UAIC shallbe afforded the option of attending the initial training in person to communicate the contractor’s need to be respectful of tribal cultural resources and tribal participation in implementing unanticipated discovery protocols. All ground-disturbing equipment operators shall be required to receive the training and sign a form that acknowledges receipt of the training. A copy of the form and training brochure shall be provided to the City as proof of compliance.
At the start of
construction Once City of Yuba City
Mitigation Measure TCR-3: Unanticipated DiscoveryProcedures If potentially significant Tribal Cultural Resources (TCRs) are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find. A Native American representative from traditionally and culturally affiliatedNative American Tribes that requested consultation on the project shall be immediately contacted and invited to assess the significance of the find and make recommendations for further evaluation and treatment, as necessary. If deemed necessary by the City, a qualified cultural resources specialist meeting the Secretary of Interior’s Standards and Qualifications for Archaeology, may also assess the significance of the find in joint consultation with Native American representatives to ensure that Tribal values are considered. Work at the discovery location cannot resume until the City, in consultation as appropriate and in good faith, determines that the discovery is either not a TCR, or has been subjected to treatment directed by the City.
In the event Tribal
Cultural Resources
are uncovered
During grounddisturbing
activities
City of Yuba City
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment