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Impacts to any significant resources shall be mitigated to a less- than - significant level <br />through data recovery or other methods determined adequate by the archaeologist and <br />that are consistent with the Secretary of the Interior's Standards for Archaeological <br />Documentation. Any identified cultural resources shall be recorded on the appropriate <br />DPR 523 form and filed with the SCCIC. <br />Response 4 -2 <br />The proposed project includes federal involvement and, accordingly, the FTA, the lead agency <br />under the NEPA, has conducted Native American consultation in compliance with NEPA, Section <br />106 of the National Historic Preservation Act (NHPA), and 36 Code of Federal Regulations (CFR) <br />Part 8OO.14(b). Refer to the Cultural Resources Evaluation Report included as Appendix F of the <br />EA /DEIR for detailed information related to the Native American Consultation Process. As stated <br />on page 3 -93 of the EA /DEIR, the initial Native American consultation process began on July 7, <br />2010 when letters were sent to the 15 Native American individuals or organizations included on <br />the list provided by the NAHC during the Notice of Preparation process. To date, no written <br />responses have been received. In addition, phone calls to Native American contacts were made <br />on September 29, 2011. Anita Espinosa, Juaneno Band of Mission Indians, commented on <br />September 29, 2011 that the area is considered sacred lands and that she or another tribal <br />representative should be informed if archaeological remains be found. The Juaneno Band of <br />Mission Indians requests that Native American monitors be present during ground- disturbing <br />activities. No additional responses have been received. <br />Response 4 -3 <br />See Responses 4 -1 and 4 -2. As discussed in Section 3.7.2.3 on page 3 -100 of the EA /DEIR, no <br />archaeological resources were identified in the Area of Potential Effects (APE) as being eligible for <br />listing in the National Register of Historic Places or California Register of Historical Resources. The <br />construction and operation of the proposed project would not result in adverse effects on <br />archaeological or historic properties. Therefore, impacts to sacred and historical sites have been <br />avoided. Mitigation Measure CR1 on page ES -17 of the EA /DEIR requires that an appropriate <br />Native American monitor be retained for ground- disturbing activities though coordination with <br />NAHC upon the identification of Native American Archaeological resources by the principal <br />investigator. The final report for ground disturbing activities containing the site forms, site <br />significance, and mitigation measures will be submitted to the NAHC immediately upon completion. <br />Response 4 -4 <br />Mitigation Measure CRII on page ES -17 of the EA /DEIR contains provisions for the unanticipated <br />discovery of human remains pursuant to the procedures set forth in Public Resources Code <br />(PRC) Section 5097 et seq. and Health and Safety Code Sections 7050.5, 7051, and 7054 with <br />respect to treatment and removal, Native American involvement, burial treatment, and re- burial. <br />Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g el 27 <br />January 2015 <br />75A -85 <br />