FERC No Updated 1/2011 Page 2

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1 for the This (UDP) details the procedures for the unanticipated discovery of human remains or archaeological resources within the Area of Potential Effects for the (FERC No. 2157). The Snohomish County PUD (SNOPUD) shall appoint one or more onsite representatives (may be a SNOPUD employee or contractor familiar with the UDP) to carry out the obligations of this Plan and to be present or immediately available whenever the SNOPUD plans any work which is anticipated to include disturbance of soils. If any member of the operations staff or relicensing staff believes that he or she may have found an archaeological resource, that person will notify SNOPUD s onsite representative. The onsite representative will direct that work be stopped in and adjacent to the discovery. The area of work stoppage will be large enough for the onsite representative to provide for the security, protection and integrity of the immediate discovery site. There are many types of archaeological resources. An archaeological resource could be prehistoric or historic-period and consist of, but not be limited to, for example (see attachment for photos of items listed below): An area of charcoal or charcoal-stained soil in association with historic-period or prehistoric remains such as stone tools or chips An arrowhead, stone tool, or stone chips An historic bottle, old glass fragments, square nails, hole in top lead-soldered cans, etc. A cluster of bones or burned rocks in association with stone tools or chips A cluster of tin cans or bottles, logging, mining, or agricultural equipment older than 50 years Culturally modified tree The SNOPUD onsite representative will contact the Historic Properties Coordinator (HPC). The HPC will then consult with a professional archaeologist to determine whether the discovery may be an archaeological resource. The SNOPUD onsite representative will take reasonable steps to protect the discovery site. SNOPUD will notify the Mt. Baker-Snoqualmie National Forest (MBSNF) and the affected tribes of the discovery within 24 hours if it is on USFS managed land. For discoveries on non-federal land, SNOPUD will promptly notify all parties, including the affected Indian tribes, as appropriate. Vehicles, equipment and individuals who are not authorized by the onsite representative or the MBSNF (on USFS managed land) will not be permitted to traverse, alter, or destroy the discovery site. Work in the immediate area will not resume until treatment of the discovery has been completed or the discovery has been adequately protected as determined by the HPC and professional archaeologist. SNOPUD will determine whether it is necessary to continue the ground-disturbing work that led to the discovery. If it is necessary, the following steps apply: Page 1

2 1. SNOPUD's HPC will arrange for the discovery to be evaluated by an archeologist. The archeologist will recommend whether the discovery is potentially eligible for listing in the National Register of Historic Places (NRHP). If the resource is not eligible, this judgment will be documented and distributed to the consulting parties. 2. SNOPUD will work with the MBSNF representatives for discoveries on MBSNF land and with the landowner for discoveries on state or private land. The interested parties will also include the State Historic Preservation Officer (SHPO), the affected Indian tribes (unless the discovery is clearly non-indian) and the FERC. The affected Indian tribes are the Tulalip Tribes, the Stillaguamish Tribe, and the Snoqualmie Indian Tribe. 3. SNOPUD's HPC and the archaeologist will contact the appropriate parties (see below) as soon as practicable to consult regarding the eligibility of the discovery for the NRHP. If the consulting parties determine that the discovery is an eligible resource, they will consult with appropriate parties for treatment. Treatment measures may include mapping, photography, limited probing and sample collection, or other activity. 4. SNOPUD will arrange for the archaeologist to implement the appropriate treatment measure(s) and provide draft and final reports on their methods and results to the consulting parties. Any investigation of the discovery will follow the procedures recommended by the archeologist for mitigation and/or management. If it is not necessary to continue the ground-disturbing activities that led to the discovery, the SNOPUD will consult to stabilize and protect the property. If the discovery is a significant historic or archaeological resource, it will be included in the Historic Properties Management Plan for the Project (which will be prepared in 2008). Treatment of Human Remains SNOPUD personnel will take reasonable steps to ensure that any human remains that are discovered are treated with dignity and respect and in accordance with the law. The Indian tribes to be contacted by the SNOPUD personnel for potential Indian remains are the Tulalip Tribes, the Stillaguamish Tribe, and the Snoqualmie Tribe (see below). If any SNOPUD employee or contractor believes that he or she has made an unanticipated discovery of human skeletal remains and/or associated or unassociated funerary objects, sacred objects, or items of cultural patrimony, that person will notify the SNOPUD s onsite representative. The onsite representative will stop work in and adjacent to the discovery and keep the remains covered. The area of work stoppage will be large enough for the onsite representative to provide for the security, protection and integrity of the remains. Vehicles, equipment and individuals not authorized by the onsite representative or the MBSNF (on USFS managed land) will not be permitted to traverse, alter, or destroy the discovery site. Page 2

3 The onsite representative will call the Snohomish County Sheriff s Office and the SNOPUD s HPC via phone or radio on a secure channel (i.e., unavailable to the media or general public). The Sheriff s office and County Medical Examiner's office may, of course, examine the discovery and determine whether the human remains will be treated as a crime scene. The SNOPUD's onsite representative will remind the Sheriff s office that: the find may be a prehistoric or historic burial; the affected Indian tribes are very concerned about Indian burials and the find must be treated confidentially so that it is not subject to vandalism; and the tribes will be notified and asked if they want to have a representative present. If the site is on USFS land, the HPC will immediately telephone notification with written confirmation by certified mail to the Federal Agency Official, the Skykomish Ranger District Ranger. The SNOPUD will also contact the MBSNF Heritage Manager and Law Enforcement Officer. If the remains are found to be human or funerary objects, sacred objects, or items of cultural patrimony are found, SNOPUD will cooperate with the MBSNF, as appropriate based on the amount and potential likelihood of Project impacts upon the resources, in fulfilling MBSNF s responsibilities under NAGPRA and implementing regulations (43 CFR Part 10). If the remains are determined to be American Indian and they lie within in MBSNF land, MBSNF will notify SNOPUD, the affected Indian tribes and the SHPO as listed below. The SNOPUD will notify FERC. SNOPUD has been informed that the MBSNF will be the lead agency, working with the other parties to determine what treatment is appropriate for the remains. Under Sec. 3(d) of NAGPRA, activities may resume 30 days after certification in writing by the MBSNF that it has received SNOPUD's notification. If the find lies on non-forest Service land and is determined not to be a crime scene, SNOPUD's HPC will use reasonable efforts to contact the interested Indian tribes and secure the services of an archaeological resource consultant qualified to identify human remains to assist SNOPUD in further activities with respect to the discovery. If the remains are determined to be Indian and they lie within state or private land, SNOPUD will notify the SHPO, the affected Indian tribes, the landowner (if other than SNOPUD) and FERC. The SHPO will be the lead agency, consulting with the other parties to determine what treatment is appropriate for the remains. (At a meeting on 4/2/07, the Tulalip Tribes stated they desire to have aboriginal human remains left onsite and protected if any are discovered.) If disinterment of aboriginal human remains becomes necessary, the consulting parties, as listed above, will jointly determine the final custodian of the human remains. The final disposition of the human remains on MBSNF land will be conducted in accordance with NAGPRA. The parties will make a good faith effort to accommodate the concerns and Page 3

4 requests of the Indian tribes. SNOPUD will work with the affected Indian tribe(s) and pay the costs of reburial if disinterment and reburial is necessary. If the remains are determined to be non-indian, SNOPUD will treat (or if the landowner is not SNOPUD or the MBSNF, encourage the landowner to treat) the remains in accordance with applicable laws and regulations. Contact List for Snohomish County Public Utility District No. 1, Jackson Hydroelectric Project Snohomish County Public Utility District No California Street PO Box 1107 Everett, WA Dawn Presler, designated HPC and Senior Environmental Coordinator (425) DJPresler@snopud.com Kim Moore, Assistant General Manager and Relicensing Team Lead (425) KDMoore@snopud.com Barry Chrisman, Plant Superintendent (425) BVChrisman@snopud.com Archaeologist Brent Hicks Historical Research Associates, Inc rd Avenue, Suite 240 Seattle, WA (206) BHicks@hrassoc.com WA Department of Archaeology & Historic Preservation Rob Whitlam, State Archaeologist Department of Archaeology & Historic Preservation PO Box Olympia, WA (360) Rob.Whitlam@dahp.wa.gov Mt. Baker-Snoqualmie National Forest Jan Hollenbeck, Heritage Team Leader (Forest Archaeologist) Page 4

5 Mt. Baker-Snoqualmie National Forest th Avenue West Mountlake Terrace, WA (425) Brad Lammers Skykomish Ranger Station (Law Enforcement) NE Stevens Pass Hwy. PO Box 305 Skykomish, WA (360) ext 645 WA Department of Natural Resources Lee Stilson, Archeologist 1111 Washington Street PO Box Olympia, WA (360) Tulalip Tribes Hank Gobin, Cultural Resource Manager Tulalip Tribes rd Avenue NE Tulalip, WA (360) Daryl Williams, Relicensing/Licensing/Environmental Liaison Tulalip Tribes 6700 Totem Beach Road Tulalip, WA (360) Snoqualmie Tribe Cindy Spiry, Relicensing Liaison and Director of Environmental and Natural Resources Snoqualmie Tribe P.O. Box 969 Snoqualmie, WA (425) Page 5

6 Stillaguamish Tribe Tribal Chair Shawn Yanity PO Box 277 Arlington, WA City of Everett Dave Koenig, Certified Local Government Representative 3002 Wetmore Street Everett, WA (425) Julie Sklare, Relicensing Representative 3200 Cedar St. Everett, WA (425) Snohomish County Wendy Becker, Certified Local Government Representative 3000 Rockefeller Ave., MS#411 Everett, WA (425) Snohomish County Medical Examiner Norman Thiersch, M.D. Snohomish County Chief Medical Examiner th Avenue West, M/S 203 Everett, WA (425) Snohomish County Sheriff's Office Snohomish County Sheriff's Office 3000 Rockefeller, M/S 606 Everett, WA (425) *Sheriff's personnel should not use unsecured radio channels to discuss potential finds of human remains. Page 6