Item 12 - 10th Street and Flower Street Improvements

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Final Initial Studv and Mitiaated Neaative Declaration TCR-2: 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. ■ For the purpose of compliance with this measure, the City shall accept any of the following circumstancesto be compliant with this measure: a) that tribes entering into agreements with the City rotate the monitoring duties among them; b) that only one tribe enters into an agreement with the City to monitor exclusively; or c) that all three tribes enter into agreements with the City and each provide full-time monitors. In the unlikely event that no tribes are willing to enter into a tribal monitoring agreement with the City, then work can proceed without a tribal monitor provided that an archaeological monitor is present and that the offer to all three tribes was extended and documented. — In the event that one or more Tribe chooses not to enter into an agreement or fails to respond to the offer, the City shall allow construction to proceed without the Native American monitor(s) as long as the offer was extended and documented. ■ The monitors 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 culturally affiliated 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 project applicant/lead agency upon completion of the Project. ■ On -site tribal monitoring shall conclude upon the latter of the following: — Written confirmation to consulting culturally affiliated Tribe from a designated point of contact forthe project applicant/lead agencythat 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 — A determination and written notification by the culturally affiliated Tribe to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact culturally affiliated Tribal TCRs. Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non- Ceremonial). Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the approved culturally affiliated Tribal monitor and/or archaeologist. The culturally affiliated Tribe will recover and retain all discovered TCRs in the form and/or manner all consulting culturally affiliated Tribes deems Final Mitigated Negative Declaration 4 October 2024 10th and Flower Street Park Project 2023-145