3.6 CULTURAL RESOURCES

Transcription

1 3.6 CULTURAL RESOURCES

2 3.6 CULTURAL RESOURCES SECTION SUMMARY The San Ardo to Coalinga Heated Oil Pipeline Project could have a potentially significant impact on two Native American prehistoric archaeological sites located within or in close proximity to the Project right of way. These sites are documented in the California Historical Resources Information System as sites CA FRE 2092 [P ] and CA FRE 2518 [P ]. Neither site has been formally evaluated in consultation with the State Historical Resources Commission or the State Historic Preservation Officer. Site FRE 2092 is assumed eligible for listing in the California Register of Historical Resources (CRHR) and the National Register of Historic Places (NRHP). CA FRE 2518 is considered a significant historical resource under the eligibility criteria for the CRHR. Direct impacts to sites CA FRE 2092 and CA FRE 2518 can be avoided during the construction and operation of the San Ardo to Coalinga Heated Oil Pipeline by properly boring and installing the oil pipeline below cultural deposits at FRE 2092 and by constructing the pipeline to bypass site FRE CULTURAL RESOURCES SECTION SUMMARY TABLE Impacts and Mitigation Measures Impact 3.6-1: Disturbance of Archaeological, Historic, or Cultural Resources: Resource Evaluated as Eligible for Listing in the California Register of Historical Resources (CRHR) Mitigation Measure 3.6 1a: Archaeological Monitoring Level of Significance Before After Mitigation Mitigation S LTS CPL shall provide qualified cultural resources monitor(s) to monitor construction activities where cultural resource sites are known to occur and to train construction crews with regard to both known and potentially unknown cultural resources that could occur along the pipeline alignment. Monitors shall examine all potential work areas to ensure avoidance of cultural resource sites. Mitigation Measure 3.6 1b: Avoidance of Site CA FRE 2092 through use of Specific Construction Techniques The pipeline shall be constructed in a manner that will avoid damaging the archaeological deposit identified as CA FRE The pipeline shall either be installed beneath the cultural deposit at the site through implementation of horizontal directional drilling (HDD) or another equally effective \\Rdtnas01\projects\186 Chevron Heated Oil Pipeline\Draft EIR October 2007\3.0 Environmental\3.6 Cultural Resources\3.6 Cultural Resources v11.doc

3 Impacts and Mitigation Measures construction technique or by avoidance of the resource by minor realignment of the pipeline centerline. Level of Significance Before After Mitigation Mitigation Mitigation Measure 3.6 1c: Protection and Avoidance of Sites CA FRE 2092 and FRE 2518 from Construction Activities using Physical Barriers The pipeline shall be constructed in a manner that will avoid damaging Site FRE 2518 which lies adjacent to the pipeline corridor and Site FRE 2092 which lies within the pipeline right of way. This shall include the installation of barrier fencing or other physical barriers to prevent construction personnel and vehicles from coming onto either site during construction. During construction, the area shall be monitored by a professional archaeologist as per Mitigation Measure 3.6 1a and by a representative of the Salinan or Tachi Yokuts tribe to ensure that (1) barrier fencing is maintained, (2) vehicles and workers do in fact remain off the site, and (3) violations of the exclusion area are reported and infractions are policed in accordance with treatment of other environmental violations. Any construction or post construction use of the road adjacent to Site FRE 2518 in support of the pipeline shall be confined to the road which shall be used as is and shall not be modified by grading or expanded in width. Mitigation Measure 3.6 1d: Protection of Sites CA FRE 2092 and FRE 2518 during Possible Pipeline Emergencies Emergency plans addressing pipeline leaks, ruptures, or other failures that could require accessing the pipeline in the vicinity of sites CA FRE 2092 or FRE 2518 to make repairs or to remediate any oil spills shall stipulate that the archaeological site area will be avoided in all cases except in the event of a failure of the pipeline beneath the site itself. Impact 3.6-2: Disturbance of Unanticipated Subsurface Archaeological, Historic, or Cultural Resources or Human Remains During Construction Mitigation Measure 3.6 2a: Cultural Resources Awareness Training CPL s cultural resources monitor shall train field personnel in identification and resource protection procedures, prior to any construction related disturbance. The training materials shall be prepared by a professional archaeologist with contributions by Salinan and/or Tachi Yokuts culturally affiliated with the Project area and shall provide a review of the natural and cultural history of the Project corridor, archaeological sensitivity, most likely locations of buried cultural materials, legal requirements for historic preservation, and specific instructions on how to address such discoveries and what immediate actions to take in the event that materials are, in fact, unearthed. PS LTS 3.6-2

4 Impacts and Mitigation Measures Mitigation Measure 3.6 2b: Prepare and Implement a Construction Monitoring and Unanticipated Discovery Plan Level of Significance Before After Mitigation Mitigation Prior to construction, the Applicant will prepare a Construction Monitoring and Unanticipated Cultural Resources Discovery Plan to be implemented if an unanticipated discovery is made. Mitigation Measure 3.6 2c: Inadvertent Discovery of and Subsequent Handling of Human Remains Any human remains discovered during Project activities will be protected in accordance with current state law including, specifically California Public Resources Code Sections and , as amended. The discovery of human remains will be treated as defined in the Construction Monitoring and Unanticipated Cultural Resources Discovery Plan, as defined in Mitigation Measure 3.6 2b. Archaeological excavations at sites will not, if at all possible, inappropriately disturb or remove human remains. Native Americans will be consulted to develop a protocol to be followed if human remains are encountered during any Project activity. Impact 3.6-3: Construction Staging and Work Area Effects on Cultural Resources Mitigation Measure 3.6 3: Survey and Clearance of All Staging and Work Areas and Access Roads Prior to Disturbance Prior to any ground disturbance or vegetation removal, the Applicant shall direct the cultural resources monitor or other qualified professional archaeologist to survey the proposed work and staging areas and/or access roads to be located outside of the previously surveyed corridor. Any potential impacts to cultural resources shall be managed as per the Construction Monitoring and Unanticipated Discovery Plan as per Mitigation Measure 3.6 2b. Impact 3.6-4: Disturbance of Archaeological, Historic, or Cultural Resources During Operational Phase Mitigation Measure 3.6 4: Record Keeping The Applicant s cultural resources construction monitor shall prepare a record of the locations of the archaeological sites identified before and during construction and shall maintain this record throughout the Project life. Cultural resource sites shall be identified in the Applicant s records as environmentally sensitive areas that shall be avoided by any earthdisturbing maintenance activities, including the operation of vehicles across the site areas. PS PS LTS LTS 3.6-3

5 Impacts and Mitigation Measures Impact 3.6-5: Disturbance of Archaeological, Historic, or Cultural Resources During Decommissioning Phase Mitigation Measure 3.6 5: Identify Archaeological Sites The Applicant shall maintain a record of the locations of the archaeological sites and shall identify these sites in their Project records as environmentally sensitive areas to be avoided by any earth disturbing activities associated with decommissioning, including the operation of vehicles across the site areas. Level of Significance Before After Mitigation Mitigation PS LTS Introduction The San Ardo to Coalinga Heated Oil Pipeline Project could have a potentially significant impact on two Native American prehistoric archaeological sites located within or in close proximity to the Project right of way. These sites are documented in the California Historical Resources Information System as sites CA FRE 2092 [P ] and CA FRE 2518 [P ]. Neither site has been formally evaluated in consultation with the State Historical Resources Commission or the State Historic Preservation Officer. Site FRE 2092 is assumed eligible for listing in the California Register of Historical Resources (CRHR) and the National Register of Historic Places (NRHP). In 2005, Site FRE 2518 was evaluated as not eligible for listing in the California Register of Historical Resources according to its potential to yield significant archaeological information (ENTRIX 2005b, page 6 2). However, upon re evaluation by the EIR preparers with input from Native Americans and the Applicant s consultant (URS), CA FRE 2518 is considered a significant historical resource under the eligibility criteria for the CRHR. The presence of a small rock into which cupules have been pecked indicates that the site has the potential to be of ceremonial significance to Native Americans. In some areas cupule rocks are associated with rituals designed to affect the weather; are employed by women seeking to become pregnant; are used for the preparation of medicine; or are associated with demarcating territorial boundaries of Native tribelets. Lacking direct historical documentation, it is not possible to know precisely the use of the cupule rock at CA FRE 2518, but its ritual association and consequent significance to Native Americans is acknowledged. Therefore, CA FRE 2518 is considered a significant historical resource under the eligibility criteria for the CRHR (D) in that it has yielded or may be likely to yield information important in prehistory

6 Direct impacts to sites CA FRE 2092 and CA FRE 2518 can be avoided during the construction and operation of the San Ardo to Coalinga Heated Oil Pipeline by properly boring and installing the oil pipeline below cultural deposits at FRE 2092 and by constructing the pipeline to bypass site FRE Other measures to be taken to avoid direct impacts to these sites include: (1) construction monitoring by a qualified cultural resources monitor; (2) installation of barrier fencing around the sites to exclude construction workers and equipment from the sites during construction; (3) including provisions in pipeline emergency response plans to ensure the sites do not sustain adverse impacts during emergency response and recovery operations; and (4) including provisions in pipeline abandonment procedures to ensure the protection of the two sites. A historic trash scatter ( garbage scatter ) was recorded during a supplemental survey along the Parkfield Grade alternative (outside of the proposed pipeline alignment but within the maximum impact corridor for one of the alternatives evaluated in Chapter 4.0, Alternatives). The site does not appear to be eligible for listing in the California Register of Historical Resources or the National Register of Historic Places. The historic trash scatter is an isolated trash scatter that lacks associations with other features. Because it lacks clear associations and is a secondary surface depositional feature, it appears that this site has no potential to yield significant data. There is the potential to discover unknown, buried archaeological resources during trenching or other construction activities in the pipeline right of way. There is the potential to discover human remains associated with archaeological deposits or in isolated contexts along the trench to be excavated for the pipeline or during other earthdisturbing activities associated with pipeline construction. Prior to any groundbreaking activities, an Unanticipated Discoveries Plan will be prepared that defines appropriate response procedures to be taken by construction personnel, the Project Applicant, and others in the event of any unexpected discovery of archaeological remains, human remains, or other cultural resources protected under CEQA during any project related earth disturbing or other activity. Equipment/materials lay down, storage, vehicle parking areas and other areas that have not been previously investigated for cultural resources and where earth disturbing activities will occur during pipeline construction will be identified far enough in advance of their use that a records search, Native American consultation, cultural resources inventory, assessment of impacts, and any appropriate mitigation measures can be completed before these areas are created or used. Any cultural resources 3.6-5

7 discovered after approved use of these areas will be managed consistent with the Unanticipated Discoveries Plan Affected Environment Project Area The proposed pipeline originates in the San Ardo Oil Field in the Coast Ranges geomorphic province, crosses the summit of the Diablo Range portion of the Coast Ranges, and descends into the Joaquin Valley near Coalinga, in the Great Valley geomorphic province. Elevations along the pipeline range from about 450 feet above mean sea level (msl) at San Ardo, to approximately 3,200 feet msl where the line crosses the Monterey Fresno County line at the Coast Range summit, and then back down to about 400 feet msl at the eastern terminus at the KLM Facility near Coalinga. A more complete overview of the Project corridor environment is provided in Section 3.1, Regional Overview Culture Human populations arrived in California by at least 10,500 years before the present and archaeological remains suggest they were widely dispersed in the region by 9,000 years ago. Early populations in both coastal and interior locations appear to have subsisted on a wide variety of resources. It is unclear whether initial populations arrived in coastal or interior settings, or in both within a short period. Early populations seem to be marked by use of plant seed milling tools (handstones and milling slabs). Interior late Pleistocene early Holocene cultures are distinguished by distinctive Clovis like projectile points, while large side notched forms are typical of coastal populations (Jones, et al. 2004). California native populations appear to have grown steadily, albeit not consistently, over the period until the arrival of Europeans in the 18 th century. Historical linguistic data demonstrate that California probably experienced multiple in migrations of diverse populations (Shipley 1978:80 90) in prehistory. Human populations were responsive to climatic changes during the Holocene, with concomitant shifts in settlement patterns and resource procurement practices. By approximately A.D. 1500, California Indians had developed the cultural patterns that were later documented by 19 th and 20 th century ethnographers. Populations had become organized into territorial units which were largely self provisioning with acorn/fishing/hunting providing the dietary staples. Exchange systems and intermarriage linked territorially constrained 3.6-6

8 groups and some exchange was facilitated by shell beads which functioned like monetary units. Ethnographers document two ethnolinguistic groups in the Project vicinity: Salinan groups in the area between modern San Ardo and Coalinga; and Tachi Yokuts on the western plains and hills of the Tulare Lake basin. Ethnographers disagree whether the Salinan Yokuts boundary was the summit of the Coast Range, or whether there were Salinan villages in the Pleasant Valley area (e.g., Gibson 1983; Kroeber 1925). Salinan and Yokuts were organized into semi sedentary village communities. The subsistence base was oriented to the gathering of plant foods, fishing, and hunting. Subsistence resources, especially plant resources, were enhanced by careful management of the landscape using fire to encourage fire responsive seed producing grasses and shrubs as well as bulbs and corms, to promote brouse for deer, and to keep brush from becoming too dense. Villages were typically populated by less than 50 individuals, but could exceed several hundred people. Villages were made up of small houses constructed on a frame of branches covered with grass, tule reeds, or brush to make them weatherproof; one or more dance houses which were typically semisubterranean, with earth covered roofs; acorn granaries and food storage structures; menstrual huts; and various work areas. Villages were occupied by multiple families and were organized into village communities or tribelets with a recognized male or female leader who counseled and directed decision making among the population. Resource procurement was typically restricted to the territory controlled by each tribelet. Intermarriage and exchange promoted social and economic interaction among tribelets and between ethnic groups. Salinan and Yokuts material culture included superbly made baskets, bow and arrow, thrusting spear, flaked stone knives, mortar and pestle, nets for hunting and fishing, mats, and the types of structures described for villages, above. Pictographs and petroglyphs are characteristic of both groups and are art forms with religious, iconic, and astrological uses (Hester 1978; Kroeber 1925; Latta 1999; Wallace 1978). Spanish exploration and missionization of the interior of Alta California marks the beginning of the historic period in this region. Missions San Antonio de Padua (1771) and San Miguel Archangel (1797) were established in Salinan territory following early Spanish exploration by Portolá and Crespi (1769), and Anza, Garcés and Díaz (1774) and Anza and Font (1776). The Garcés expedition of 1776 probably was the first to encounter Tachi people in their homeland, followed by the Juan Martin expedition in 3.6-7

9 1804, Juan Ortega and Jose Pico expeditions in 1815, followed by periodic raids by Spanish and Mexican forces against Tachi and other Yokuts to capture neophytes escaped from missions and to recover horses stolen by Indians (Beck and Haase 1974; Castillo 1978; Phillips 1973). The arrival of Spanish explorers and subsequent settlement by Spanish, Mexicans, and eventually Americans had a devastating effect on California native populations. Introduced diseases alone may have reduced Indian populations by as much as 75 percent (Cook 1955, 1976a, 1976b). Alteration of the landscape by introduced grazing animals including horses, sheep, cattle, and hogs resulted in direct competition between Native Americans and Euro American agricultural interests. Native Americans were assimilated into the agricultural industry, many as vaqueros and laborers, or they were isolated on the margins of the new social order. Rancho San Bernardino was established in 1841 and includes what would be the western terminus of the proposed pipeline at San Ardo. No other Spanish or Mexican land grants are traversed by the pipeline (Beck and Haase 1974). Following accession of California to the United States, the California legislature created Monterey County in 1850 and Fresno County in Lands became available for homesteading under United States law and established Mexican land grants were terminated or patents transferred. Santa Rosa Rancheria and Tule River Reservation were created and many Tachi were relocated to these establishments as Americans claimed the land. Among these claimants was the butchering company of Brandenstain and Godchaux, and Bradley Sargent who controlled lands along the western portion of the pipeline route. Sargent is the namesake for the creek and canyon traversed by the pipeline route. The town of San Ardo was created when the Southern Pacific Railroad expanded its line in Coalinga (formerly Coaling Station A ) was founded on another expansion of the Southern Pacific railway in The San Ardo oil field was established in Oil development in the Coalinga vicinity began with the discovery of the Coalinga oil field in 1887 followed by development on the Kettlemen Hills North Dome in 1928, and establishment of the Guijarral, Jacalitos, Pleasant Valley oil fields in the 1940 s (ENTRIX 2005b; Pacific Legacy 2006) Background Research and Consultation Research concerning the archaeology, ethnography, ethnohistory, and history of the Project area was completed by ENTRIX (2004; 2005b). Initial consultation with the Native American Heritage Commission (NAHC) was made in 2003 by ENTRIX (2004) 3.6-8

10 and some Native American Contacts identified by the NAHC were notified in 2005 (ENTRIX 2005b). More recently, URS (2006) has corresponded with the NAHC and with the identified Native American Contacts in Fresno and Monterey Counties. CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM RECORDS SEARCH Results of records searches at the Northwest Information Center (for Monterey County) and the Southern San Joaquin Valley Information Center (for Fresno County) of the California Historical Resources Information System are reported by ENTRIX (2004) and reaffirmed in a subsequent report by ENTRIX (2005b). Information was requested for known and recorded archaeological and historic sites, inventory and excavation reports, properties listed in the National Register of Historic Places, the Historic Property Data File, the California Historical Landmarks list, the California Register, the California Inventory of Historic Resources, and the California Points of Historical Interest recorded within a 500 foot radius of proposed Project facilities. According to the ENTRIX report (2004) 18 cultural resource surveys had been completed at various locations within a 500 foot radius along some segments of the proposed pipeline right of way before This included an archaeological survey along an earlier proposed right of way (Peak & Associates 1990, in ENTRIX 2004), some portions of which are consistent with the current proposed Project description, and some of which are not. Seven archaeological sites were recorded within 500 feet of the proposed right of way: CA FRE 2097, FRE 2258H, FRE 2259H, FRE 2518, FRE 5160; CA MNT 1172 and MNT 1189H. These sites include prehistoric Native American and historic era railroad and ranching sites. Four sites were estimated to fall within the pipeline right of way, CA FRE 2097, FRE 2518, FRE 5160 and CA MNT Following pedestrian archaeological surveys along the current Project right of way completed in 2004 and 2005, ENTRIX (2005b) reported, five cultural resources within or immediately adjacent to the Project corridor and six sites within a 500 foot radius. The sites identified as being within or immediately adjacent to the right of way are CA FRE 2092, FRE 2257H, FRE 2260H, FRE 2518, and CA MNT 1172 (ENTRIX 2005b, Table 3.1) although ENTRIX (2005b, page 5 1) also indicates that material evidence of site CA MNT 1172 could not be found in the Project right of way. The records search indicates that there are no properties listed in the National Register of Historic Places, the Historic Property Data File, the California Historical Landmarks list, the California Register, the California Inventory of Historic Resources, or the 3.6-9

11 California Points of Historical Interest recorded within a 500 foot radius of any proposed Project facilities. In October 2006 URS sponsored a records search for a 3 mile long San Andreas fault rift reroute of the pipeline in the vicinity of mileposts (MP) 16 to MP 19 approximately ½ mile south of, and parallel to, the original proposed alignment. Information was requested from the Northwest Information Center and the Southern San Joaquin Information Center for an area of a half mile radius around the proposed reroute. Both information centers responded that no cultural resource inventories had been conducted in the area previously and no historic or prehistoric resources were known to occur in the area (URS 2006c). URS conducted another record search in December 2006 for the Parkfield Grade and Warthan Creek alternatives. The records searches for the proposed Parkfield Grade and Warthan Creek alternatives yielded no cultural resources sites within the construction right of way of the proposed pipeline alignment (URS 2006d). CONSULTATION ENTRIX (2004, 2005b) documented consultation with the Native American Heritage Commission (NAHC) in The NAHC responded in letters dated September 25, 2003 and October 1, 2003 that no Native American cultural resources were known to the NAHC to exist in the vicinity of the Project. ENTRIX sent letters on May 9, 2005 to the two federally recognized tribes (Table Mountain Rancheria and Santa Rosa Rancheria) listed in the NAHC Native American Contacts list provided to ENTRIX. As of September 2005, according to the ENTRIX report, only the Santa Rosa Rancheria Tachi Yokuts Tribe has responded to the letter via telephone and formal letter responses. The Tachi Yokut tribe has requested involvement in formal consultation proceedings and cultural resources related issues (ENTRIX 2005b:4 1). Consultation with Native Americans in direct response to this correspondence is not known to have occurred. In response to a request by URS, the NAHC (2006) issued a letter dated June 14, 2006 indicating that, (A) record search of the sacred land file has failed to indicate the presence of Native American cultural resources in the immediate Project area. The NAHC provided a list of Native American Contacts for Fresno and Monterey counties and each of the 15 persons or groups on the list was sent a letter by URS. In its letter URS described the San Ardo pipeline project and provided a map of the proposed pipeline route; described the results of archaeological surveys and test excavations at

12 discovered sites as reported by ENTRIX (2004, 2005b); stated that two archaeological sites located within or near the Project right of way could be avoided; and requested that letter recipients with information regarding cultural resources associated with the pipeline project contact URS. Subsequently, URS corresponded via telephone with the Salinan Nation Cultural Preservation Association, the Santa Rosa Rancheria, and representatives of the Salinan Tribe of Monterey, San Luis Obispo, and San Benito Counties who sought to meet with URS, the Applicant, and others to discuss the Project. Meetings were held at various places along the proposed pipeline route on November 29, 2006, December 20, 2006, and February 2, 2007 with representatives of the Santa Rosa Rancheria to discuss the proposed Project. A meeting was held on November 30, 2006 with a representative of the Salinan Nation Cultural Preservation Association, also at a location along the pipeline route. At these meetings Native American representatives indicated their concerns (i.e., that cultural resources could be encountered during construction; that appropriate mitigation measures be stipulated in this EIR to address unanticipated discovery of human remains and cultural resources; that an education program be implemented to train construction personnel to recognize, protect, and report any discovered cultural resources; and that provisions be made for Native American and archaeological monitors to be present during construction in archaeologically sensitive areas). No additional cultural resources have been identified in the proposed Project right of way as a result of Native American consultations Field Methods Archaeological surveys along the proposed pipeline route are documented in various reports. An initial study by Peak & Associates (1990, in ENTRIX 2004) examined a proposed right of way that varies somewhat from the currently proposed right of way. As a result, ENTRIX reviewed the study conducted by Peak & Associates, and then completed an archaeological survey along the right of way as proposed in 2003 (ENTRIX 2004). A re route of the pipeline across the San Andreas Fault required additional archaeological survey along the 3 mile segment between MP 16 and MP 19. This was completed in October 2006 and reported by URS (2006c). Two other supplemental surveys were conducted by URS in October One survey was conducted to cover the Parkfield Grade and Warthan Creek alternatives, while the other was conducted to cover minor deviations in the alignment that extended outside of those areas originally surveyed by ENTRIX (URS 2006d, URS 2007)

13 Schedule and Personnel ENTRIX conducted fieldwork between May 20 and June 8, 2004, with some additional work done on February 9, ENTRIX personnel employed for the survey are listed as Brett Rushing, M.A. (Principal Investigator), Alisa Reynolds M.A. (abt), Ian Alexander, B.A., and Katherine Entriken, B.A. On October 11, 2006, URS archaeologist Chris Lee conducted a pedestrian archaeological survey along the 3 mile reroute of the pipeline across the San Andreas Fault zone (URS 2006c). On October 16 18, URS archaeologists Lee and Matt Armstrong conducted a pedestrian archaeological survey for minor pipeline deviations that fell outside the ENTRIX survey corridor (URS 2007). On October 20, 2006, Armstrong conducted a pedestrian archaeological survey along the Parkfield Grade and Warthan Creek alternatives (URS 2006d). All personnel are reported to meet the Secretary of Interior s Standards for archaeology Field Survey Pedestrian archaeological survey was conducted by ENTRIX along the entire proposed pipeline right of way as well as re routes that were considered in the process of determining the proposed right of way (as of 2003). The survey corridor was 200 feet wide along the right of way; 100 feet on either side of centerline. Approximately 8 percent of the right of way was not examined due to steep slopes and heavy brush that prevented effective survey. Survey involved crew members walking parallel transects spaced 30 to 60 feet apart, depending on ground conditions. All visible ground within the right of way was inspected for cultural remains. Previously recorded sites were revisited and site records for those sites were updated as appropriate. A single previously unrecorded trash dump was found and recorded using California Department of Parks and Recreation 523 forms. Three previously recorded sites reported to be along the pipeline right of way could not be found by ENTRIX crews in the right of way: CA FRE 1172, FRE 2256, and FRE 2259H. In May 2006, URS archaeologist Brian Hatoff reconnoitered the proposed right of way to ascertain which recorded archaeological sites actually fall within the proposed rightof way or are immediately adjacent to it. An in field review of the ENTRIX findings and the URS reconnaissance was made with Mr. Hatoff and Thomas L. Jackson, Ph.D. of Pacific Legacy, Inc. to verify the location and nature of two archaeological sites (CA FRE 2092 and FRE 2518) relative to the proposed pipeline

14 On October 11, 2006, URS archaeologist Lee conducted a pedestrian archaeological survey along the 3 mile reroute of the pipeline across the San Andreas Fault zone (URS 2006c). A 100 foot wide corridor was inspected. On October 16 18, 2006, URS archaeologists Lee and Armstrong conducted a pedestrian archaeological survey along a series of route deviations that took the route outside of the 200 foot wide survey corridor originally covered by ENTRIX. For the most part, the new survey corridor was limited to the proposed construction easement which ranges from 80 to 100 feet wide along these route deviations (URS 2007). On October 20, 2006, Armstrong conducted a pedestrian archaeological survey along the Parkfield Grade and Warthan Creek alternatives. The Parkfield Grade and Warthan Creek alternatives are respectively 1.22 and 1.1 miles long. A 200 foot wide survey corridor was employed for these two alternatives (URS 2006d) Field Survey Findings ENTRIX (2005b) found five archaeological sites within a 100 foot corridor along the pipeline alignment. CA FRE 2257H is the remains of a residential structure and corral. Most of the remains associated with the site are located outside the right of way. CA FRE 2260H is the remains of the Tidewater Oil Pump Station which has been completely dismantled, leaving a concrete foundation. Site ENT SA 1 is a refuse dump comprised of tin cans, ceramic fragments and bottle glass, some of which materials can be dated to pre 1930, and which appears to be a domestic refuse feature probably associated with a nearby (but undiscovered) homestead. Site CA FRE 2092 is a prehistoric Native American site with bedrock milling features and associated cultural deposit. CA FRE 2518 is a prehistoric Native American site with bedrock milling features, a cupule rock, chert flakes, and a flaked stone tool fragment. In May 2006, Hatoff visited each of the reported site locations discussed by ENTRIX as being within or immediately adjacent to the 100 foot wide maximum construction disturbance corridor. Hatoff concluded that only site CA FRE 2092 would be in the area of direct impact for the pipeline. However, site CA FRE 2518 and a surface lithic scatter [Locus A] (which is crossed by an actively used dirt road) were determined to be sufficiently close to the proposed right of way that site protection measures were warranted during construction. The other sites identified by ENTRIX along the pipeline route were sufficiently removed from the right of way that they would not be affected by the Project. URS reports that no evidence of cultural material was observed during the October 2006 survey of the 3 mile reroute across the San Andreas rift (URS 2006c). URS also reports that no evidence of cultural material was observed during the October

15 2006 minor route deviation survey (URS 2007). URS reports that one isolated cultural resource feature and a historic isolate were found during the October 2006 Parkfield Grade and Warthan Creek alternatives survey. An isolated historic refuse scatter (assigned temporary name garbage scatter ) was located along the Parkfield Grade alternative. The site contains a patinated ink bottle, scraps of metal that appear to have come from cans, a New Perfection No. 2 stove that may date to the 1920s, and a Sanford s Ink bottle dating to ca The materials appear to have been pushed down from level ground above the gully. The isolate found within the Warthan Creek alternative is a wooden slab containing a round hole; the age and purpose of this item are unknown. Isolated trash scatters without association to other features and individual isolates are typically not regarded as significant cultural resources Archaeological Test Excavations In July 2004 ENTRIX conducted archaeological test excavations at sites CA FRE 2092 and FRE The stated purpose of the subsurface testing program was to, identify any potentially significant cultural materials present in the Project area (ENTRIX 2005a, page 2 1). Fifteen shovel test pits were excavated at FRE 2092 and eight at FRE Shovel test pits were at least 20 centimeters (cm; 8 inches) in diameter, with soils removed in 10 cm (4 inch) levels, typically to 30 to 40 cm below surface. Excavated soils were screened through ¼ inch mesh hardware cloth to recover artifacts. No cultural material was collected from the shovel testing and all units were backfilled upon completion. At CA FRE 2092 ENTRIX found primarily chert flakes and some core fragments, mostly in the vicinity of the bedrock milling feature. Artifacts were typically found in the upper 20 cm (8 inches) of the soil column. A total of 43 artifacts were found, made on both Monterey and Franciscan chert. Excavations at FRE 2518 produced only two chert flakes from one of the shovel test pits. ENTRIX (2005a, page 4 1) concludes that site CA FRE 2518, does not contain a significant subsurface component, but notes the presence of, a large surface scatter of lithic artifacts is present, as is a partially buried cupule rock. In their 2005b report (page 6 2) ENTRIX, found that the site does not contain a substantial subsurface component, and does not require further evaluation to support a finding of no significance. At FRE 2092 ENTRIX (2005a, page 4 2) notes that artifacts are present in an intact subsurface deposit to depths up to 35 cm. ENTRIX (2005b, page 6 2) recommends that, the site may retain the potential to yield further information and

16 therefore meets criterion D (36 CFR 60.4) for listing in the NRHP [National Register of Historic Places]. ENTRIX does not evaluate the historical significance of either site with reference to other California Register or National Register eligibility criteria Human Remains Human remains are known to occur in Native American archaeological contexts in the Project vicinity. There are no known occurrences of human remains within the proposed Project right of way and none were detected during test excavations at CA FRE 2092 and FRE Regulatory Setting CEQA provides for the consideration of historic resources which are defined in CEQA Guidelines Section (a). Significant historic resources include (1) those on or eligible for listing in the California Register of Historical Resources; (2) those on or eligible for listing in the National Register of Historic Places; (3) those locally identified in a local register of historical resources; and (4) resources a lead agency finds to be historically significant based on substantial evidence. A project with an effect that may cause a substantial adverse change in the significance of an historical resource is considered to have a significant adverse impact on the environment (CEQA Guidelines Section [4][b]). A substantial adverse change in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of the resource would be materially impaired (CEQA Guidelines Section [4][b][1]). Historical resources may be listed in the California Register if they meet the eligibility criteria for listing in the California Register as defined at PRC , Title 14 CCR Section According to CEQA Guidelines Section (a) (3), Generally, a resource shall be considered by the lead agency to be historically significant if the resource has integrity and meets at least one of the criteria for listing in the California Register of Historic Resources. CEQA Guidelines at (d) and (e) make provision for the discovery and disposition of human remains and reference other applicable state law: (d) When an initial study identifies the existence of, or the probable likelihood, of Native American human remains within the project, a lead agency shall work with the appropriate Native Americans as identified by the Native American

17 Heritage Commission as provided in Public Resources Code section The applicant may develop an agreement for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American burials with the appropriate Native Americans as identified by the Native American Heritage Commission. Action implementing such an agreement is exempt from: (1) The general prohibition on disinterring, disturbing, or removing human remains from any location other than a dedicated cemetery (Health and Safety Code Section ). (2) The requirements of CEQA and the Coastal Act. (e) In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken: (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (A) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (B) If the coroner determines the remains to be Native American: The coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code section , or

18 (2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance (see Public Resources Code (e), as amended). (A) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being granted access to the site (see Public Resources Code (e), as amended). (B) The descendant identified fails to make a recommendation; or (C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. CEQA Guidelines at (f) make provision for the discovery and disposition of accidental discovery of other historical or archaeological resources: (f) As part of the objectives, criteria, and procedures required by Section of the Public Resources Code, a lead agency should make provisions for historical or unique archaeological resources accidentally discovered during construction. These provisions should include an immediate evaluation of the find by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place Standards of Significance, Environmental Consequences, and Mitigation Measures Standards of Significance A basis for defining the significance of historical resources under CEQA is found at Public Resources Code (PRC) , Title 14 CCR Section A California Register

19 of Historical Resources is established, to identify the state s historical resources and indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change. Historical resources may be listed in the California Register if they meet the eligibility criteria for listing in the California Register as defined at PRC , Title 14 CCR Section According to CEQA Guidelines Section (a) (3), Generally, a resource shall be considered by the lead agency to be historically significant if the resource has integrity and meets at least one of the criteria for listing in the California Register of Historic Resources as follows : (1) It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California s history or the United States; or (2) It is associated with lives of persons important to local, California, or national history; or (3) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values; or (4) It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. Integrity, as defined for the California Register, is the authenticity of an historical resource s physical identity evidenced by the survival of characteristics that existed during the resource s period of significance (California Office of Historic Preservation 2006:2). This means that a historic resource must keep enough of its historic character or appearance to be recognizable as historic. In addition, that historic character must reflect the era in which the resource was historically important. Integrity is assessed in terms of retention of location, design, setting, materials, workmanship, feeling, and association. For instance, if a resource has never been moved from its original location, then it maintains its integrity of location. To maintain integrity, a resource must possess at least some of the integrity aspects. The more integrity aspects that a resource retains, the better its integrity is. A historic resource can have lost sufficient integrity to be ineligible for listing in the National Register of Historic Places and still be eligible on a California Register level. In fact, a resource may have lost its historic character and still have integrity on a California Register level, if it

20 has the potential to yield significant scientific or historic information or specific data (California Office of Historic Preservation 2006:2) Construction Impacts and Mitigation Impact 3.6-1: Disturbance of Archaeological, Historic, or Cultural Resources: Resource Evaluated as Eligible for Listing in the California Register of Historical Resources (CRHR) The Project could result in the disturbance of and impacts to Native American archaeological sites CA FRE 2092 and FRE This would be a significant impact. Prehistoric Native American archaeological site, CA FRE 2092, is located within the proposed pipeline right of way. Archaeological investigations at the site indicate it is potentially eligible for listing in the National Register of Historic Places for its scientific values. Using the criteria for listing in the CRHR the site would be considered eligible for CRHR listing per CRHR eligibility criterion 4. Construction of the pipeline through the archaeological site would result in damage to or destruction of archaeological attributes of the site that make it historically significant under CEQA. The implementation of certain construction techniques and ongoing emergency plan protocols could reduce or eliminate the potential for the Project to have impacts on archaeological site CA FRE Prehistoric Native American archaeological site, CA FRE 2518 is adjacent the proposed pipeline right of way. This site was evaluated by ENTRIX (2005b) as not eligible for listing in the CRHR. However, upon re evaluation by the EIR preparers with input from Native Americans and the Applicant s consultant (URS), CA FRE 2518 is considered a significant historical resource under the eligibility criteria for the CRHR. The presence of a small rock into which cupules have been pecked indicates that, the site has the potential to be of ceremonial significance to Native Americans. In some areas cupule rocks are associated with rituals designed to affect the weather; are employed by women seeking to become pregnant; are used for the preparation of medicine; or are associated with demarcating territorial boundaries of Native tribelets. Lacking direct historical documentation, it is not possible to know precisely the use of the cupule rock at CA FRE 2518, but its ritual association and consequent significance to Native Americans is acknowledged. Although limited testing was done at the site the potential to discover other, potentially significant archaeological remains at the site cannot be ruled out. One locus (Locus A) of

21 the site, described as a surface lithic scatter, is located outside the construction right of way, but is traversed by a dirt road that is in current use by ranchers. It is possible this road would also be used by construction vehicles. For these reasons the site is regarded as potentially eligible for listing in the CRHR (D) in that it has yielded or may be likely to yield information important in prehistory. Construction activities encroaching on the archaeological site could result in damage to or destruction of archaeological attributes of the site that make it historically significant under CEQA. The implementation of certain protective measures to limit disturbance and ongoing emergency plan protocols could reduce or eliminate the potential for the Project to have impacts on archaeological site CA FRE Level of Significance Before Mitigation: Significant Mitigation Measures: Mitigation Measure 3.6 1a: Archaeological Monitoring CPL shall provide qualified cultural resources monitor(s) to monitor construction activities where cultural resource sites are known to occur, to train construction crews with regard to both known and potentially unknown cultural resources that could occur along the pipeline alignment, to supervise fencing and/or staking of known resources, to document compliance with avoidance procedures, and to implement cultural resources clearance procedures at all previously unidentified work areas to be impacted by construction activities. Monitors shall examine all potential work areas to ensure avoidance of cultural resource sites. Monitors will be provided with a County approved clearance checklist to be developed in consultation with the Counties prior to any ground disturbance. All construction personnel shall be trained by the cultural resources monitor (see Mitigation Measure 3.6 2a) regarding the potential for exposing cultural resources, including prehistoric and historic resources during construction, the locations of potentially sensitive areas, and protocols to treat unexpected discoveries. Training shall be implemented prior to the initiation of construction or ground disturbing activities. Training shall inform all construction personnel of the procedures to be followed upon the discovery of archaeological materials including Native American burials

22 Mitigation Measure 3.6 1b: Avoidance of Site CA FRE 2092 through use of Specific Construction Techniques The pipeline shall be constructed in a manner that will avoid damaging the archaeological deposit identified as CA FRE The pipeline shall either be installed beneath the cultural deposit at the site through implementation of horizontal directional drilling (HDD) or another equally effective construction technique or by avoidance of the resource by minor realignment of the pipeline centerline. The depth of the cultural deposit likely does not exceed 35 centimeters (14 inches). Thus, whatever technique is employed to avoid the cultural resource at this site, it shall avoid disturbance of the top 3 feet of soil at a minimum to provide a buffer between the resource and the construction activities. The cultural resources monitor shall document compliance with these measures. Mitigation Measure 3.6 1c: Protection and Avoidance of Sites CA FRE 2092 and FRE 2518 from Construction Activities using Physical Barriers The pipeline shall be constructed in a manner that will avoid damaging Site FRE 2518 which lies adjacent to the pipeline corridor and Site FRE 2092 which lies within the pipeline right of way. This shall include the installation of barrier fencing or other physical barriers to prevent construction personnel and vehicles from coming onto either site during construction. Under the direction of the cultural resources monitor, fencing shall be installed at FRE 2518 along the northeast margin of the construction right of way for a distance beginning 100 feet before the boundary of Locus B as the site is mapped on archaeological site record forms in ENTRIX (2005b) and extending 100 feet beyond the southwest corner of Locus A of the site. At site FRE 2092, fencing shall be installed (under the direction of the cultural resources monitor) around the entire perimeter of the site, including a buffer of at least 25 feet beyond the boundary of the site as it is mapped on archaeological site record forms in ENTRIX (2005b). Construction supervisors and other responsible persons shall be advised by the cultural resources monitor that the site constitutes an environmentally sensitive area that is off limits and appropriate signage shall be placed marking the site area off limits. Signage should not, however, identify the resource as an archaeological site. During construction, the area shall be monitored by a professional archaeologist as per Mitigation Measure 3.6 1a and by a representative of the Salinan or Tachi Yokuts tribe to ensure that (1) barrier fencing is maintained, (2) vehicles and workers do in fact remain off the site, and (3) violations of the exclusion area are reported and infractions are policed in accordance with

23 treatment of other environmental violations. Following completion of construction of the pipeline, the barrier fencing or other exclusion materials shall be removed from the site perimeter without damaging the site. Any construction or post construction use of the road adjacent to Site FRE 2518 in support of the pipeline shall be confined to the road itself where it traverses Locus A. The road shall be used as is and shall not be modified by grading or expanded in width. Mitigation Measure 3.6 1d: Protection of Sites CA FRE 2092 and FRE 2518 during Possible Pipeline Emergencies Emergency plans addressing pipeline leaks, ruptures, or other failures that could require accessing the pipeline in the vicinity of sites CA FRE 2092 or FRE 2518 to make repairs or to remediate any oil spills shall stipulate that the archaeological site area will be avoided in all cases except in the event of a failure of the pipeline beneath the site itself. Should the pipeline beneath the site fail, Chevron shall implement procedures defined in its emergency response plan to avoid or minimizes impacts to the archaeological site by, to the extent possible, making repairs to the pipe without excavating within the archaeological site from the ground surface down to the pipeline. Level of Significance After Mitigation: Less than Significant Impact 3.6-2: Disturbance of Unanticipated Subsurface Archaeological, Historic, or Cultural Resources or Human Remains During Construction There is a possibility that significant archaeological deposits or human remains could be discovered buried beneath the ground surface during trench excavation or other constructionrelated activities. The Project has the potential to encounter buried or otherwise undiscovered cultural resources and human remains during ground disturbing activities such as trenching and grading. The potential to encounter subsurface archaeological, historic or cultural resources or human remains is considered slight, but possible. Level of Significance Before Mitigation: Potentially Significant

24 Mitigation Measures: Mitigation Measure 3.6 2a: Cultural Resources Awareness Training CPL s cultural resources monitor shall train field personnel in identification and resource protection procedures, prior to any construction related disturbance. The training materials shall be prepared by a professional archaeologist with contributions by Salinan and/or Tachi Yokuts culturally affiliated with the Project area and shall provide a review of the natural and cultural history of the Project corridor, archaeological sensitivity, most likely locations of buried cultural materials, legal requirements for historic preservation, and specific instructions on how to address such discoveries and what immediate actions to take in the event that materials are, in fact, unearthed. Instructional materials or artifacts are to be kept on site and under direction of identified specific individuals. Mitigation Measure 3.6 2b: Prepare and Implement a Construction Monitoring and Unanticipated Discovery Plan During construction it is possible that previously unknown archaeological or other cultural resources or human remains could be discovered. Prior to construction, the Applicant will prepare a Construction Monitoring and Unanticipated Cultural Resources Discovery Plan to be implemented if an unanticipated discovery is made. At a minimum, the plan shall detail the following elements: Worker and supervisor training in the identification of cultural remains that could be found along the pipeline corridor, as per Mitigation Measure 3.6 2a; Worker and Supervisor response procedures to be followed in the event of an unanticipated discovery, including appropriate points of contact for professionals qualified to make decisions regarding the potential significance of any find; Identification of persons authorized to stop or redirect work that could affect the discovery and their on call contact information; Provide for monitoring of construction activities in archaeologically sensitive areas; Stipulate a minimum radius around any discovery within which construction work will be halted until the significance of the resource has

25 been evaluated and mitigation implemented, as appropriate; Procedures for identifying and evaluating the historical significance of any find; Procedures for consulting Native Americans in the process of identification and evaluation of significance of discoveries involving Native American cultural materials; Procedures to be followed for the treatment of discovered human remains per current state law and protocol developed in consultation with Native Americans. Mitigation Measure 3.6 2c: Inadvertent Discovery of and Subsequent Handling of Human Remains Any human remains discovered during Project activities will be protected in accordance with current state law including, specifically California Public Resources Code Sections and , as amended. The discovery of human remains will be treated as defined in the Construction Monitoring and Unanticipated Cultural Resources Discovery Plan, as defined in Mitigation Measure 3.6 2b. Archaeological excavations at sites will not, if at all possible, inappropriately disturb or remove human remains. Native Americans will be consulted to develop a protocol to be followed if human remains are encountered during any Project activity. The Fresno or Monterey County Coroner, as appropriate, shall be contacted as soon as possible, but not more than 24 hours, following the discovery of any human remains. If the coroner determines that the remains are of Native American, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (Public Resources Code, Section ). The coroner will contact the NAHC. The descendants or most likely descendants of the deceased will be contacted, and work will not resume until they have made a recommendation to the landowner regarding the disposition of, with appropriate dignity, the human remains and any associated grave goods, as provided in Public Resources Code, Section Once the remains have been removed or protected in place, work may resume. If the NAHC is unable to identify a descendant or the descendant fails to make a recommendation within 48 hours of being granted access to the site, or the landowner rejects the recommendation of the most likely descendant the landowner shall treat the remains according the Public Resources Code (e)

26 Level of Significance After Mitigation: Less than Significant Impact 3.6-3: Construction Staging and Work Area Effects on Cultural Resources Development of construction staging areas outside of the previously surveyed corridor has the potential to impact cultural resources. These impacts are potentially significant. Locations of some construction staging and work areas and access roads have not yet been identified. The Project Applicant has stated that these areas will be sited along existing roads and in disturbed areas where possible. However, where staging areas and access roads must be located outside of previously surveyed areas, there is potential for significant impacts to currently unknown cultural resources. Level of Significance Before Mitigation: Potentially Significant Mitigation Measures: Mitigation Measure 3.6 3: Survey and Clearance of All Staging and Work Areas and Access Roads Prior to Disturbance Prior to any ground disturbance or vegetation removal, the Applicant shall direct the cultural resources monitor or other qualified professional archaeologist to survey the proposed work and staging areas and/or access roads to be located outside of the previously surveyed corridor. The archaeologist shall adhere to the pre approved, standardized clearance procedures, as specified in Mitigation Measure 3.6 1a. Any potential impacts to cultural resources shall be managed as per the Construction Monitoring and Unanticipated Discovery Plan as per Mitigation Measure 3.6 2b Operational Impacts and Mitigation Impact 3.6-4: Disturbance of Archaeological, Historic, or Cultural Resources Resource Evaluated as Eligible for Listing in the California Register of Historical Resources The Project has the potential to disturb cultural resources during maintenance activities in the vicinity of archaeological sites CA FRE 2092 and FRE The implementation of certain

27 protective measures and protocols could reduce or eliminate the potential for the Project to have impacts on the archaeological sites during the lifetime of the pipeline. Level of Significance Before Mitigation: Potentially Significant Mitigation Measures: Mitigation Measure 3.6 4: Record Keeping The Applicant s cultural resources construction monitor shall prepare a record of the locations of the archaeological sites identified before and during construction and shall maintain this record throughout the Project life. Cultural resource sites shall be identified in the Applicant s records as environmentally sensitive areas that shall be avoided by any earth disturbing maintenance activities, including the operation of vehicles across the site areas. Level of Significance After Mitigation: Less than Significant Decommissioning Impacts and Mitigation Impact 3.6-5: Disturbance of Archaeological, Historic, or Cultural Resources Resource Evaluated as Eligible for Listing in the California Register of Historical Resources The Project has the potential to disturb cultural resources during Project decommissioning activities in the vicinity of archaeological sites CA FRE 2092 and FRE The implementation of certain protective measures protocols could reduce or eliminate the potential for the Project to have impacts on the archaeological sites. Level of Significance Before Mitigation: Potentially Significant Mitigation Measures: Mitigation Measure 3.6 5: Identify Archaeological Sites The Applicant shall maintain a record of the locations of the archaeological sites and shall identify these sites in their Project records as environmentally sensitive areas to be avoided by any earth disturbing activities associated with decommissioning, including the operation of vehicles across the site areas. Should the need to stabilize or take other preventive measures to ensure the integrity of the pipeline in the vicinity of the two archaeological sites arise, the Applicant shall ensure that such measures do not affect the cultural resources. If the Applicant determines that avoidance of the resources is not

28 possible, the Applicant shall develop and implement a cultural resources management plan defining a course of action that would reduce any potentially significant impacts to a less than significant level. Level of Significance After Mitigation: Less than Significant