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The Bowery Mixed-Use Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-7 Final EIR May 2020 Standard Condition/ Plan, Program, Policy / Mitigation Measure Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Nation or any other requesting Tribe or Nation and be present on-site during initial site clearing and construction that involves ground disturbing activities that cause excavation to depths greater than artificial fill identified herein. The monitor shall conduct a Native American Indian Sensitivity Training for construction personnel. The training session includes a handout and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered. The Native American monitor(s) shall complete monitoring logs on a daily basis, providing descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when grading and excavation activities of native soil (i.e., previously undisturbed) are completed, or when the tribal representatives and monitor have indicated that the site has a low potential for tribal cultural resources, whichever occurs first. In the event that tribal cultural resources are inadvertently discovered during ground-disturbing activities, work must be halted within 50 feet of the find until it can also be evaluated by a qualified archaeologist in cooperation with a Native American monitor to determine if the potential resource meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique resource (Public Resources Code 21083.2(g)). Construction activities could continue in other areas. If the find is considered an “archeological resource” the archaeologist, in cooperation with a Native American monitor shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4. If unique a tribal cultural resource cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the Project applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation in an established accredited professional repository. 3-96