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HomeMy WebLinkAbout07. Exhibit D.3 - Mitigation Monitoring and Report ProgramAppendix B Mitigation Monitoring and Reporting Program Exhibit D.3 B-1 MITIGATION MONITORING AND REPORTING PROGRAM INTRODUCTION Mitigation Monitoring and Reporting Programs (MMRPs) are required by the California Environmental Quality Act (CEQA) Section 21081.6 to be adopted by CEQA Lead Agencies for projects having the potential to cause significant environmental impacts. The MMRP describes changes to the project or conditions of project approval that mitigate or avoid the project’s potential significant effects on the environment. This MMRP addresses the Prologis Stewart and Gray Road Warehouse Project. A brief description of the proposed project is provided below. The proposed project is located within the City of Downey (City); the City is the Lead Agency under CEQA and has discretionary authority over the proposed project. MMRP FORMAT AND IMPLEMENTATION Mitigation measures that would reduce or eliminate potential environmental impacts of the proposed project are identified in the Prologis Stewart and Gray Road Warehouse Project EIR. These mitigation measures will become conditions of project approval if the project is approved. The City is required to verify that all adopted mitigation measures are implemented properly and to ensure compliance, this MMRP (including the checklist) has been formulated. The MMRP shall be adopted, along with CEQA Findings and Statement of Overriding Considerations, by the City (Lead Agency) and must be administered by City personnel from the Community Development Department. Specific responsibilities are delineated for each measure in the attached checklist table and these responsibilities may be delegated to qualified City staff or consultants. The checklist, which follows as Table B-1, is intended to be used by the applicant, grading/construction contractors, and City personnel, as the appointed mitigation implementation and monitoring entities. Information contained within the checklist clearly identifies each mitigation measure, defines the conditions required to verify compliance, and delineates the monitoring schedule. Following is an explanation of the three columns that constitute each MMRP checklist. Column 1 Mitigation Measure: An inventory of each mitigation measure is provided. Column 2 Monitoring Responsibility: Identifies what entities are responsible for determining compliance with each mitigation measure (e.g., City of Downey Community Development Department, construction contractor, project applicant). Column 3 Implementation Schedule: As scheduling is dependent upon the progression of the overall project, specific dates are not used within the “Schedule” column. Instead, scheduling describes a logical succession of events (e.g., prior to ground-disturbing activities, etc.) and, if necessary, delineates a follow-up program. Column 4 Monitoring Compliance Record Name/Date: Column is left blank and is to be signed and dated when compliance with the mitigation measure has been met. Exhibit D.3 Mitigation Monitoring and Reporting Program B-2 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date Cultural Resources CUL-1: Cultural Monitoring Program. The construction contractor shall implement an archaeological and Native American monitoring program during grading and other ground-disturbing activities (i.e., trenching for utilities) which are to occur below the current layer of fill. The monitoring program shall include the retention of a qualified archaeologist and a Native American monitor. The archaeological and Native American monitors shall attend a pre-construction meeting with the construction manager and be in attendance during initial ground-disturbing activities at the Project site. The monitors shall determine the extent of their presence during soil disturbing activities. The archaeological and Native American monitors shall have the authority to temporarily halt or redirect grading and other ground-disturbing activity if cultural resources are encountered. If an artifact is encountered, all operations within 50 feet of where the artifact was found shall be suspended immediately, the City shall be notified, and the qualified archaeologist, in consultation with the Native American monitor, shall evaluate the significance of the find. If cultural material is determined to be significant, the qualified archaeologist shall coordinate with the consulting tribes and City staff to develop and implement appropriate treatment measures. Pursuant to California PRC §21083.2(b), avoidance is the preferred method of preservation. The archaeologist and the tribal representative shall make recommendations to the City on the measures that will be implemented to protect the newly discovered cultural resource(s), including but not limited to, avoidance in place, excavation, relocation, and further evaluation of the discoveries in accordance with CEQA. Construction Contractor; Qualified Archaeologist; Native American Monitor; City During grading and other soil-disturbing activities Exhibit D.3 Mitigation Monitoring and Reporting Program B-3 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date No further ground disturbance shall occur in the area of the discovery until the City approves the measures to protect the significant cultural resource(s). CUL-2: Inadvertent Discovery of Human Remains. If the discovery of human remains occurs on the Project site, the specific procedures outlined by the NAHC, in accordance with Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the Public Resources Code, must be followed: 1. All excavation activities within 60 feet of the remains will immediately stop, and the area will be protected with flagging or by posting a monitor or construction worker to ensure that no additional disturbance occurs. 2. The Project owner or their authorized representative will contact the Los Angeles County Coroner. 3. The coroner will have two working days to examine the remains after being notified in accordance with HSC 7050.5. If the coroner determines that the remains are Native American and are not subject to the coroner’s authority, the coroner will notify NAHC of the discovery within 24 hours. 4. NAHC will immediately notify the Most Likely Descendant (MLD), who will have 48 hours after being granted access to the location of the remains to inspect them and make recommendations for their treatment. Work will be suspended in the area of the find until the County approves the proposed treatment of human remains. Project Applicant/ Authorized Representative/ Construction Contractor Upon discovery of human remains Exhibit D.3 Mitigation Monitoring and Reporting Program B-4 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date If human remains of Native American origin are discovered or unearthed, the applicant shall contact the consulting Tribe, as detailed in Mitigation Measures TCR-1, TCR-2, and TCR-3 regarding any finds and provide information after the archaeologist makes an initial assessment of the nature of the find, so as to provide Tribal input concerning significance and treatment. Once the find has been appropriately mitigated, as determined and documented by a qualified archaeologist, work in the area may resume. Hazards and Hazardous Materials HAZ-1: VOC-Contaminated Soil. The following shall be implemented during Project construction to address VOC-contaminated soil: • Soil Handling: If impacted soil is encountered, the area shall be delineated as necessary with cones, caution tape, stakes, chalk, or flagging and the area shall not be disturbed further until an environmental professional is on-site for observation and determination of whether testing and/or excavation work is required. Stockpile staging areas shall be delineated prior to the start of excavation. The specific equipment, means, and methods to be utilized for soil removal, handling, and disposition shall be selected based on the nature of the work to be conducted and its location on the site. Areas from which contaminated or potentially contaminated soil is being excavated, disturbed, or handled shall be secured by temporary fencing and/or caution tape, as appropriate. Exclusion and support zones, if any, staging areas, and decontamination pads shall also be delineated. Construction Contractor; Environmental Field Coordinator During Project construction Exhibit D.3 Mitigation Monitoring and Reporting Program B-5 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date An environmental field coordinator shall be present full-time during soil removal and handling activities in areas in which contaminated soil has been encountered or has the potential to be encountered. This individual shall be responsible for observations of soil conditions, air monitoring, maintaining communications, ensuring compliance with the MMP, and any oversight of sampling. If testing of suspect materials confirm that contaminated soils are present, notification and permitting with the SCAQMD shall be required along with implementation of necessary mitigation controls and monitoring pursuant to SCAQMD Rule 1166. If excavation is conducted during the rainy season (November through April), provisions shall be made to prevent off-site migration of sediment in runoff. Best management practices shall be implemented for runoff control in accordance with the construction permit, regulatory requirements, and the SWPPP. Measures may include placement of sandbags, straw rolls, and/or hay bales to control runoff and to act as filters. If precipitation accumulates within any excavation, it shall be pumped out and disposed of in accordance with federal, state, and local regulations. • Fugitive Dust and Vapor Control: Appropriate procedures shall be implemented to control the generation of airborne dust by soil removal activities, including, but not limited to, some or all of the following: Exhibit D.3 Mitigation Monitoring and Reporting Program B-6 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date o Generation of dust and emission of VOCs (if any) during construction activities shall be minimized, as necessary, by the use of water as a dust suppressant. The water shall be available from on-site water service, via a water truck, or through a metered discharge from a fire hydrant located on or proximate to the Project site. When necessary, the grading contractor shall control dust generation by spraying water prior to daily work activities, during excavation/loading activities (as necessary to maintain concentrations below action levels) and at truck staging locations. During construction activities, water equipment shall be continuously available to provide proper control measures. o Activities that have the potential to generate fugitive dust shall cease in the event wind conditions change creating an uncontrollable condition. If required, the environmental field coordinator shall monitor on-site meteorological instrumentation and/or coordinate with off-site meteorological professionals to identify conditions that require cessation of work. • Soil excavation and Stockpiling: Impacted soil that is excavated and not immediately removed from the site shall be stockpiled on and covered with plastic sheeting to control dust and minimize exposure to precipitation. The edges of the plastic sheeting shall have an overlap of at least 24 inches. Plastic sheeting shall be secured at the base of the stockpile and along seams of overlapping plastic sheeting, if any, with sandbags or by equivalent means. If a stockpile remains on site during the rainy season, a perimeter sediment barrier, constructed of material such as straw bales or fiber roll, shall also be installed. The stockpiles shall remain covered until the soil is ready for final disposition. Exhibit D.3 Mitigation Monitoring and Reporting Program B-7 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date A bi-weekly inspection of stockpiles shall be conducted, as appropriate, to verify cover integrity. Any gaps, tears, or other deficiencies shall be documented by the environmental field coordinator and corrected immediately. Records shall be kept of stockpile inspections and any repairs made. During stockpile removal, only the working face of the stockpile shall be uncovered. If the stockpiled impacted soil is to be transported off site for disposal or recycling, the soil shall be profiled for waste characteristics. Waste profiling shall consist of collecting soil samples for laboratory analysis at the frequency required by the disposal/recycling facility to which the soil is to be transported. A minimum of four samples shall be collected from a stockpile of up to 1,000 cubic yards. For each approximately 500 cubic yards of stockpile material, an additional sample shall be collected and analyzed. Soil samples shall be analyzed for parameters required by the disposal/recycling facility. If no specific analytical program is required by the disposal/recycling facility, analysis shall include VOCs, metals, and TPH. • Air and Soil Monitoring, Sampling, and Testing: monitoring and sampling activities to be performed shall include: o Air Monitoring: Air monitoring shall be conducted by an air monitoring/health and safety professional under the guidance of the environmental field coordinator in areas where potential VOC- contaminated soil is to be disturbed. Areas of the site requiring such monitoring shall include those areas where ongoing remediation is occurring. An air monitoring/health and safety professional shall be present during ground-disturbing activities and shall record monitoring data on field sheets, which will be Exhibit D.3 Mitigation Monitoring and Reporting Program B-8 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date kept as part of Project documentation. Air monitoring shall include the following:  Real-time aerosol monitors and industrial hygiene air sampling equipment and media shall be deployed to measure dust levels and/or concentration of chemicals of potential concern in dust.  Vapor concentrations shall be monitored using an organic vapor analyzer fitted with a photo ionization detector. If readings using the photo ionization detector reach or exceed 50 parts per million, the provisions of SCAQMD Rule 1166 shall be implemented, as outlined in Section (c) of Rule 1166. o Soil Monitoring: During pre-demolition, demolition, grading, and construction activities, visual observation of the exposed soil beneath building foundations, floors, pavement, and subsurface features shall be conducted by a monitoring/health and safety professional under the guidance of the environmental field coordinator. A field form shall be completed daily to document the areas of soil suspected of being contaminated, if any. Any observed discoloration, odor, or other evidence of potential hazardous materials shall be documented and serve as the basis for further evaluation. o Soil Sampling and Testing: Based on field indications, soil samples may be collected to evaluate the presence of suspected chemicals or compounds in exposed soil. Selected soil samples shall be analyzed by an appropriately certified, off-site laboratory, with the analytical methods selected based on the following criteria: Exhibit D.3 Mitigation Monitoring and Reporting Program B-9 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date  Visual and Olfactory Observation: Soil that is odorous or appears dark or oil stained shall be analyzed for TPH by EPA Method 8015M modified and for VOCs by EPA Method 8260B. Soil that appears discolored in a manner typical of metals impacts (e.g., red, yellow, green, gray, silvery) shall be analyzed for California Code of Regulations Title 22 metals using EPA Method 6010B/7000.  Elevated VOC Levels: A soil sample (or samples) shall be collected for laboratory testing if the headspace VOC measurement exceeds 100 ppm, as measured with a photo ionization detector calibrated to hexane during the on-site screening. Samples may be analyzed for VOCs using EPA Method 8260 (VOCs) and/or TPH by EPA Method 8015M modified. Soil samples for laboratory analysis shall be collected using hand tools (for instance hand auger or hand trowel) and placed in glass jars, brass tubes, or other appropriate containers. Samples to be analyzed for VOCs (if deemed necessary) shall be field preserved using EPA Method 5035. After collection, samples shall be sealed, uniquely labeled, and placed in a chilled cooler pending delivery to the analytical laboratory. All soil samples shall be tracked from point of collection through the laboratory using chain-of-custody documentation. Reuseable soil sampling equipment (hand auger, trowel, shovel, etc.) shall be decontaminated prior to re-use to reduce the potential for cross-contamination. Exhibit D.3 Mitigation Monitoring and Reporting Program B-10 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date Laboratory analytical data shall also be used to characterize excavated soil to determine the appropriate location for off-site disposal. Soil with no visual or olfactory evidence of impacts and not containing chemicals of potential concern may be re-used on the Project site. Soil export manifest records documenting the destination of all excavated and exported soil shall be maintained. • Import Fill Soils: Off-site soils brought to the Project site for use as backfill (import fill), if necessary, shall be tested in general conformance with the DTSC Information Advisory Clean Imported Fill Material document (2001). Import fill shall be tested for target compounds based on knowledge of the fill source area; however, as a minimum, the fill should be tested for the following constituents (or have been tested and documented at the source): o TPH-cc using EPA Method 8015 o VOCs using EPA Method 8260B o Title 22 metals using EPA Methods 6010B/7471 o Pesticides using EPA Method 8081A Other analyses may be required contingent on the source of the import fill or recommendations by the supervising professional. A minimum of one sample for laboratory analysis is suggested per 1,000 tons of import fill per borrow site (single source). For quantities above 5,000 tons of import fill per borrow site (single source), one sample for laboratory analysis is suggested per 5,000 tons of import fill. Exhibit D.3 Mitigation Monitoring and Reporting Program B-11 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date HAZ-2: Asbestos-Containing Material Removal. Prior to issuance of demolition permits, removal of asbestos-containing materials shall be conducted in the buildings at 9301 Stewart and Gray, 9400 Hall Road, 9399 Stewart and Gray Road, and 9333/9363 Stewart and Gray Road. A Licensed State of California asbestos abatement contractor must remove all known asbestos-containing materials, consistent with applicable Division of Occupational Safety (Title 8, Industrial Relations, Division 1. Department of Industrial Relations, Chapter 4. Division of Industrial Safety, Subchapter 4. Construction Safety Orders, Article 4. Dust Fumes, Mists, Vapors, and Gases, Section 1529. Asbestos) and SCAQMD (Rule 1403 – Asbestos Emissions from Demolition/ Renovation Activities) guidelines. The Licensed State of California asbestos abatement contractor shall provide documentation of removal activities to the City. Project Applicant; Construction Contractor Prior to demolition and construction HAZ-3: Lead-Based Paint Removal. Prior to issuance of demolition permits, removal of lead-based paint shall be conducted in the building at 9400 Hall Road. The removal of lead-containing materials shall comply with applicable regulations for demolition methods and dust suppression. Lead containing materials shall be managed in accordance with applicable regulations including, at a minimum, the hazardous waste disposal requirements (CCR Title 22, Division 4.5); and the State Lead Accreditation, Certification and Work Practice Requirements (CCR Title 17, Division 1, Chapter 8). Verification that the specified procedures were followed shall be provided to the City. Project Applicant; Construction Contractor Prior to demolition and construction Exhibit D.3 Mitigation Monitoring and Reporting Program B-12 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date Noise NOI-1: Construction Activity Limits. The Project applicant or designated contractor shall obtain permits for Project construction activities from the City. The City shall ensure all permits contain restrictions to construction hours, and nighttime work requirements described below. All construction activity with the exception of concrete pouring as specified below shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m. Monday through Saturday, and at any time on Sundays or on any City recognized public holiday. Delivery of materials or equipment to the site and construction truck traffic coming to and from the site shall be prohibited during the same hours specified above. If, due to weather condition (e.g., high temperatures), pouring of concrete at night or on Sundays or on any City recognized public holiday is required, the Project applicant or designated contractor shall provide written notification of nighttime/weekend concrete work to all residences located within 300 feet of the Project site. The notification shall: • Be delivered a minimum of 48 hours prior to commencement of nighttime work; • Include the days and hours of upcoming concrete poring nighttime work; and • Include noise complaint contact information, including phone numbers and email addresses to register noise complaints with both the construction contractor and the City. Project Applicant; Construction Contractor; City of Downey Community Development Department Prior to and during construction activities Exhibit D.3 Mitigation Monitoring and Reporting Program B-13 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date The City and the construction contractor shall log all received noise complaints. The construction contractor shall submit to the City a daily log of all noise complaints received, including the date and time of the complaint and address of the complainant (if provided). The City shall work with the construction contractor to respond to noise complaints and limit nighttime work and locations of noise generating equipment to the extent feasible. Transportation TR-1: Transportation Demand Management Plan. The Project Applicant shall prepare a formal Transportation Demand Management (TDM) Plan for review and approval by the City prior to the issuance of grading or building permits. The TDM Plan shall identify the TDM measures that will be implemented for the Project and shall include documentation of how both physical measures (e.g., bike lockers, designated carpool parking spaces, etc.) and programmatic measures (e.g., guaranteed ride home program, employee transportation coordinator, etc.) will be provided. The TDM Plan shall be implemented for the life of the Project and shall include, at a minimum, the TDM strategies listed below (TDM Strategies T-7, T-8, and T-10) to reduce significant VMT impacts. If new TDM measures are proposed by the site owner or tenant after City approval of the TDM Plan, a new TDM plan shall be submitted for review and approval and shall include an analysis that demonstrates that the selected measures are expected to achieve the same or greater trip and VMT reductions as demonstrated by this Project-specific analysis. Project Applicant; City of Downey Community Development Department Prior to construction Exhibit D.3 Mitigation Monitoring and Reporting Program B-14 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date • T-7. Implement Commute Trip Reduction Marketing. The Project Applicant shall implement a marketing strategy to promote the Commute Trip Reduction (CTR). Information sharing and marketing educates employees about their travel choices to and from the location and promotes alternatives to driving such as carpooling, taking transit, walking, and biking, thereby reducing VMT. Effective marketing strategies incorporate the following features or similar alternatives: o On-site or online commuter information services. o Employee transportation coordinators. o On-site or online transit pass sales. o Guaranteed ride home service. The Project Applicant shall provide information on available travel options to and from the Project site in a clear and easily accessible location (e.g., a bulletin board in a common employee area), including information on where transit passes may be purchased online or in person. The Project Applicant shall also designate an employee transportation coordinator who will be able to provide information and/or administer a guaranteed ride home service. Such services may consist of providing free or subsidized rides upon request via taxis or other transportation network companies (TNC) such as Uber or Lyft. Exhibit D.3 Mitigation Monitoring and Reporting Program B-15 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date • T-8: Provide Ridesharing Program. The Project Applicant shall implement a ridesharing program. Ridesharing encourages carpooled vehicle trips in place of single-occupancy vehicle trips, thereby reducing the number of trips and VMT. Ridesharing may be promoted through a multifaceted approach, such as designating parking spaces for ridesharing/carpooling vehicles, dedicating loading and waiting zones, and coordinating rides. The Project Applicant shall provide designated parking spaces for carpool vehicles in a convenient/preferential location, and a designated waiting area for employees participating in ridesharing which is comfortable and convenient. The Project Applicant should facilitate the process of arranging ridesharing or carpooling matches, either through a website/app or via the employee transportation coordinator (refer to TDM measure T-7 above). • T-10. Provide End-of-Trip Bicycle Facilities. The Project Applicant shall provide end-of-trip bicycle facilities such as secure bike parking, showers, and personal lockers. Providing and maintaining secure bike parking and related facilities encourages commuting by bicycle, thereby reducing VMT. The Project Applicant shall provide secure bicycle parking (e.g., bicycle lockers) in an easily accessible, well-lit location. Additionally, the Project Applicant shall provide showers and changing rooms. Exhibit D.3 Mitigation Monitoring and Reporting Program B-16 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date Tribal Cultural Resources TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. a. The Project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any ground-disturbing activity for the subject Project at all Project locations(i.e., both on-site and any off-site locations that 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. b. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. Project Applicant; Construction Contractor; Native American Monitor Prior to commencement of any ground- disturbing activities and during construction Exhibit D.3 Mitigation Monitoring and Reporting Program B-17 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date c. The monitor 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 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 written request to the Tribe. d. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the Project applicant/lead agency that 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 (2) a determination and written notification by the Kizh 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 Kizh TCRs. e. 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 Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Exhibit D.3 Mitigation Monitoring and Reporting Program B-18 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects. a. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. b. If Native American human remains and/or grave goods discovered or recognized on the Project site, then all construction activities shall immediately cease. Health and Safety Code Section7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. Project Applicant; Construction Contractor; Native American Monitor During construction c. Human remains and grave/burial goods shall be treated alike per California PRC Section5097.98(d)(1) and (2). d. Construction activities may resume in other parts of the Project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section15064.5(f).) Exhibit D.3 Mitigation Monitoring and Reporting Program B-19 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date e. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. f. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. TCR-3: Procedures for Burials and Funerary Remains. a. As the Most Likely Descendant (MLD), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. b. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. Project Applicant; Construction Contractor; Kizh Tribe; Qualified Archaeologist During construction Exhibit D.3 Mitigation Monitoring and Reporting Program B-20 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date c. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. d. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials will be removed. e. In the event preservation in place is not possible despite good faith efforts by the Project applicant/developer and/or landowner, before ground-disturbing activities may resume on the Project site, the landowner shall arrange a designated site location within the footprint of the Project for the respectful reburial of the human remains and/or ceremonial objects. Exhibit D.3 Mitigation Monitoring and Reporting Program B-21 Mitigation Measure Monitoring Responsibility Implementation Schedule Monitoring Compliance Record Name/Date f. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the Project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. g. The Tribe will work closely with the Project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery- related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. Exhibit D.3 Mitigation Monitoring and Reporting Program B-22 This page intentionally left blank Exhibit D.3