City of Pleasanton - No Adverse Effect Memo

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SMB Environmental, Inc. P.O. Box 381 Roseville, CA 95661

916-‐517-‐2189

Technical Memorandum Date: April 24, 2015 To: Cedric Irving, Environmental Scientist

Ahmad Kaskoli, Senior Environmental Scientist State Water Resources Control Board From: Steve Brown, Principal – SMB Environmental, Inc. Daniel Shoup, Professional Archeologist -‐ Archaeological/Historical Consultants Steve Kirkpatrick, City Engineer – City of Pleasanton, CA Subject: Section 106 Cultural Resource Issues with City of Pleasanton’s Recycled Water Project This Technical Memorandum provides an update to the June 2014 Section 106 Cultural Resources Investigation Report and the February 2015 Update Section 106 Cultural Resources Investigation Report that was prepared by SMB Environmental, Inc. (SMB) for the City of Pleasanton’s (City) Recycled Water Project (Proposed Project/Action). The February 2015 Update Section 106 Cultural Resources Investigation Report was intended to address potential adverse effects on cultural resource areas known as P-‐01-‐000066 ( CA-‐ALA-‐46) and P-‐01-‐000139 (CA-‐ALA-‐413), which are of special concern to the Office of Historic Preservation (OHP). The purpose of this Technical Memorandum is to further demonstrate that the City’s Proposed Project/Action will have “No Adverse Effect” on areas CA-‐ALA-‐46 and CA-‐ALA-‐413. Please note that this report contains sensitive data that should not be distributed to the public. Archaeological site information is exempted from public disclosure under California Government Code 6245 & 6254.10. This report may be provided to those with a genuine need to know (e.g., regulatory agencies, architects, etc.). Other distribution is not authorized. PROJECT DESCRIPTION In summary, the City proposes to install pipelines for the distribution of recycled water throughout the City of Pleasanton. As discussed in the Proposed Project/Action Description and Area of Potential Effect (APE) in the original document(s) mentioned above, the proposed construction would basically include approximately 22-‐miles (115,200 linear feet) of pipeline ranging inform 6-‐inches to 18-‐inches in diameter and would be placed primarily within existing paved roadways throughout the City. In

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addition, the Proposed Action would also include 3.2 miles (16,500 linear feet) of existing pipeline that will be repurposed from abandoned or existing potable pipelines. The construction techniques would be primarily using open-‐cut trenches approximately 3-‐ feet wide and 6-‐ feet deep. Further and as described above, all creek and/or drainage crossings would be constructed using trenchless construction techniques. RELEVANT BACKGROUND INFORMATION As part of the Section 106 cultural resources investigation process, a records search was conducted through the Northwest Information Center at Sonoma State University. On May 5, 2014, issued NWIC File #: 13-‐1672, which identified five known cultural resources within the Proposed Action alignment, including two prehistoric sites, two historic canals, and a historic railroad alignment. In addition, 41 prior cultural resources studies have covered approximately 75% of the Proposed Action alignment. Of particular concern to the OHP is the City’s Proposed Project’s ability to adversely affect CA-‐ALA-‐46 and CA-‐ALA-‐413. Each is discussed below.

• As shown in Attachment 1, CA-‐ALA-‐46 is a disturbed prehistoric site, which is located on NWIC maps approximately 100-‐feet east of the Proposed Project/Action’s alignment within the south side of Stoneridge Drive. Previous trenching in 1991 identified it as a buried and disturbed site consisting of one pre-‐historic Native American burial, one funeral bone tool, fauna, and fire-‐cracked rock. According to the site record, the resource is located 20-‐feet south of the intersection of Point Way and Glenn Isle Avenue on the western edge of parcel A, along the western side of Glen Isle Avenue in Tract 6164 of the Stoneridge Place Development. As defined, the CA-‐ALA-‐46 has a horizontal buffer of 100-‐feet from the Proposed Project/Action’s pipeline alignment. Further, the size of the site is approximately 67.2 meters (north to south) by 0.6 meters (east to west). The surface elevation of the site is 344 above mean sea level and the resource is buried 150 centimeters or approximately 5-‐feet below. Site boundaries are, however, somewhat ambiguous because three different sources have plotted the site in three different locations. Due to the heavy traffic on Stoneridge Drive, it is not practical to do testing excavations to attempt to determine the presence or non-‐presence of cultural resources prior to the construction of the Proposed Project/Action. Figure 2 in the February 2015 Update Section 106 Cultural Resources Investigation Report provides the best estimated location of CA-‐ALA-‐46 based on these records and field surveys conducted most recently on January 27, 2015 by Dan Shoup, a professional archeologist assigned to this project. Figure 2 is also provided for your reference in Attachment 2 of this Technical Memorandum.

• As shown in Attachment 3, CA-‐ALA-‐413 is a prehistoric mound site that was identified as being

located on the western side of the intersection of Las Positas Road and the Iron Horse Trail (formerly the Southern Pacific Railroad). Previous trenching for a water pipeline in 1978 uncovered a midden site 100 meters (m) in length, buried under 50-‐100 centimeters (cm) of alluvium, and extending to 270-‐cm below ground surface. Over 30 human burials were also discovered. Based on this information, the Section 106 investigations, as identified above, recommended a series of mitigation measures and concluded that with the implementation of those mitigation measures, that the City’s Proposed Project/Action would have No Adverse Effect on this resource and cultural resources throughout the Propose Project/Action’s APE. However, the

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OHP requested additional efforts to clarify and justify the “No Adverse Effect” conclusion on CA-‐ALA-‐413. What follows is the result of these additional efforts, which included going through the “As-‐Built Drawings” of the “New” West Positas Boulevard and other constructed projects in the APE from the City’s archives.

EVIDENCE AND RATIONALE SUPPORTING THE NO ADVERSE EFFECT POSITION Summarized below are the major points of rationale for supporting a “No Adverse Effect” position for CA-‐ALA-‐46 and CA-‐ALA-‐413.

1. There will be no excavation within the area identified by NWIC as CA-‐ALA-‐46. There is approximately a 100-‐foot horizontal buffer from the Proposed Project’s alignment in Stoneridge Drive from CA-‐ALA-‐46 as identified by NWIC. Further, there is an 8-‐11-‐foot vertical buffer from CA-‐ALA-‐46 and the top of Stoneridge Drive. Given that the Proposed Project/Action would be constructed at a depth of 3-‐6 feet, there is a sufficient vertical buffer to avoid intersecting the known depth of CA-‐ALA-‐46.

2. There will be no excavation within the area identified by the NWIC as CA-‐ALA-‐413. In short, due to a lack of available data and mapping provided by NWIC, there has been some confusion as to the actual location of CA-‐ALA-‐413 in relation to the “Original” Las Positas Road that was constructed in 1971 and the “New” West Las Positas Boulevard that was constructed in 1982.

3. The closest excavation to the area delineated by NWIC as CA-‐ALA-‐413 will be in approximately

10-‐feet of new fill material that was placed since the discovery of the delineated area in 1978 in order to provide a buffer from the construction of the “New” West Las Positas Boulevard, constructed in 1982 as part of the Hacienda Business Park (HBP) Development and was routed to avoid the potential interaction with CA-‐ALA-‐413.

4. The proposed recycled water pipeline will be installed parallel to many other utilities which

were constructed as part of the 1982 “New” West Las Positas Boulevard improvements and the HBP. During the construction of those facilities, no discoveries were reported.

Below, each of these points are further supported by a more detailed discussion and supporting evidence recently obtained through the City of Pleasanton’s archives of “as-‐built” drawings for Stone Ridge Drive and Wes Las Positas Boulevard as well as other related and relevant documents. POINT NUMBER 1 – THERE WILL BE NO EXCAVATION WITHIN THE AREA DELINEATED BY CA-‐ALA-‐46 Previous trenching in 1991 identified CA-‐ALA-‐46 as a buried and disturbed site consisting of one pre-‐historic Native American burial, one funeral bone tool, fauna, and fire-‐cracked rock. According to the site record, the resource is located 20-‐feet south of the intersection of Point Way and Glenn Isle Avenue on the western edge of parcel A, along the western side of Glen Isle Avenue in Tract 6164 of the Stoneridge Place Development. Furthermore, the site is approximately 67.2 meters (north to south) x 0.6 meters (east to west). The surface elevation of the site is 344 above mean sea level and the resource is buried 150-‐centimeters or approximately 5-‐feet below. There is approximately a 100-‐foot horizontal buffer from the Proposed Project/Action’s alignment in Stoneridge Drive from the known

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location of CA-‐ALA-‐46 as identified by NWIC. Additionally, Attachment 4 provides the drawings for Stoneridge Tract 6164. Of particular note, Sheet 8 of those drawings shows the centerline grade of Stoneridge Drive at Stone Pointe/Newton to be at elevation 347 and placed on 6-‐feet of fill material. As a result, there is an 8-‐ to 11-‐foot vertical buffer from the top of Stoneridge Drive and CA-‐ALA-‐46. Given that the Proposed Project/Action would be constructed at a depth of 3-‐ to 6-‐feet, there is a sufficient vertical buffer to avoid intersecting the known depth of CA-‐ALA-‐46. In summary, the planned trenching for the City’s Recycled Water Pipeline will be outside the area as identified by NWIC in NWIC File #: 13-‐1672 as CA-‐ALA-‐46 (Attachment 1). POINT NUMBER 2 -‐ THERE WILL BE NO EXCAVATION WITHIN THE AREA DELINEATED BY CA-‐ALA-‐413 Further research has revealed that the “New” Las Positas Boulevard is north and completely outside of CA-‐ALA-‐413. NWIC File # 13-‐1672 was prepared in 1978 as a result of CA-‐ALA-‐413 being discovered while a water agency was excavating for a new water line on the west side of Southern Pacific Railroad right-‐of-‐way which is now the Iron Horse Trail. The excavation was parallel to the tracks. Site Record CA-‐ALA-‐413 includes two maps that delineate the CA-‐ALA-‐413 area. The map also shows that the “Original” Las Positas Road to “dead-‐end” on the east side of the Southern Pacific Railroad tracks. In this site record, it does appear and implies that if the “Original” West Las Positas Boulevard was extended west over the Southern Pacific Railroad tracks it would cross the delineated area known as CA-‐ALA-‐413. However, this subsequent and more detailed research reveals that the street shown as Las Positas Road in the 1978 site record was never extended to the west through the CA-‐ALA-‐413 area. Instead what was Las Positas Road in 1978 remained a dead end street and is now referred to as Ithica Way on Google Maps. An entire “New” West Las Positas Boulevard was constructed in 1982 to the north of the “Original” Las Positas Road and does not enter and completely avoids the horizontal boundary of the CA-‐ALA-‐413 delineated area by approximately 70-‐feet. The following discussion and referenced/attached construction drawings for the “Original” Las Positas Road and the “New” West Las Positas Boulevard illustrate these findings:

• Attachments 5 and 6 -‐ The 1971 improvement plans for Subdivision Map 3232 and 3290 titled, “Las Positas – Unit 1 and Las Positas Unit 2.” This development is east of the Southern Pacific Railroad right-‐of-‐way, and south of the “New” West Las Positas Boulevard. These plans show the construction of a portion of the “Original” West Las Positas Boulevard between Santa Rita Road and the east side of the Southern Pacific right-‐of-‐way. This is the roadway that is shown on the 1978 NWIC Site Record P-‐01-‐000139 (CA-‐ALA-‐413) as Las Positas Road. These plans show that the “Original” West Las Positas Boulevard (i.e. Las Positas Road) at this time was 20-‐feet wide and constructed on fill soil varying in depth from 4-‐ to 6-‐feet.

• Attachment 7 -‐ These June 1982 plans prepared by Bissell and Karn for the North Pleasanton

Improvement District show the construction of the “New” West Las Positas Boulevard between Santa Rita Road and the Southern Pacific right-‐of-‐way. These plans also show that the “New” West Las Positas Boulevard was constructed parallel to and north of the 20-‐foot wide “Original” Las Positas Road that was constructed in 1971. These plans show there is approximately 25-‐feet of landscaped area between the “Original” Los Positas Road and the “New” West Las Positas Boulevard, and includes the construction of a “sound wall” in this area. They also show installation of a cul-‐de-‐sac at the west end of the “Original” 1971 Las Positas Road, with this

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“Original” Las Postias Road then only serving the development that was constructed south of it in 1971. The “New” West Las Positas Boulevard is 88-‐feet wide and includes a 10-‐foot wide median, fill material varying in thickness from approximately 4-‐feet at Santa Rita Road, and 10-‐feet at the Southern Pacific Right-‐of-‐Way. This “New” West Las Positas Boulevard is the street that is in use today and will be the roadway in which the City’s proposed Recycled Water Project would be placed.

• Attachment 8 -‐ These February 1982 plans, prepared by Bissell and Karn, are for Parcel Map

3858 titled, “Hacienda Business Park”. These plans are for the development of the entire Hacienda Business Park (HBP) area, which includes the construction of the “New” West Las Positas Boulevard west of the Southern Pacific Railroad right-‐of-‐way. Before the development of the HBP the area west of the Southern Pacific Railroad right-‐of-‐way were farm fields. Sheet 9 of the HBP plans show the “New” West Las Positas Boulevard from Stoneridge Drive east to the Southern Pacific right-‐of-‐way. The plan view at the top of Sheet 9 shows the street width to be 88-‐feet curb to curb, with a 10-‐foot wide landscape median – matching the dimensions shown in Attachment 7. The profile view at the bottom of Sheet 9 shows the “New” West Las Positas Boulevard to be constructed on more than 10-‐feet of fill at the Southern Pacific Railroad right-‐of-‐way, with the fill thickness decreasing to the “native” grade approximately 750-‐feet west of the Southern Pacific Railroad right-‐of-‐way. Page 39 of the 1982 HBP plans identifies the CA-‐ALA-‐413 area that was mapped in 1978. As shown on Sheet 39, CA-‐ALA-‐413 is located within the triangular property south of the “New” West Las Positas Boulevard. Next to the area shown on Sheet 39, there is a note that “no excavation will be allowed in this area”. Please compare Sheet 39 to CA-‐ALA-‐413 site records and maps provided in Attachment 3. Sheet 39 also shows the whole triangular area is to receive fill material sloping up toward the railroad right of way, just as is shown on the profile view of the roadway on Sheet 9. This grading in affect protected the CA-‐ALA-‐413 area by burying it under 10-‐feet of fill material. In addition, Steve Kirkpatrick, City Engineer, had a personal communication with Michael Cooper (925-‐245-‐8788) on April 21, 2015. Michael Cooper was an engineer at Bissell and Karn who prepared the 1982 plans for the Hacienda Business Park. His initials are on each page of the HBP as-‐built drawings in the “checked by” box. Michael Cooper confirmed that the “New” West Las Positas Boulevard as shown on the plans was located to avoid the prehistoric midden (CA-‐ALA-‐413) found in 1978.

• Attachment 9 shows Sheet 9 of the February 1982 plans for Parcel Map 3858 titled, “Hacienda

Business Park” with colored hand drawings to clarify the detailed information above more clearly.

In summary, Attachments 5 through 9, and our summary of that information, demonstrates that the planned trenching for the City’s Recycled Water Pipeline will be outside the CA-‐ALA-‐413 area as identified by NWIC in NWIC File #: 13-‐1672 (Attachment 2). Attachment 10 provides a revised Figure 3 for the location of site CA-‐ALA-‐413 in the February 2015 Section 106 Cultural Resources Investigation Report.

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POINT NUMBER 3 -‐ THE CLOSEST EXCAVATION TO THE AREA DELINEATED BY CA-‐ALA-‐413 WILL BE IN FILL MATERIAL The “New” West Las Positas Boulevard, immediately adjacent to the Southern Pacific Railroad right-‐of-‐way, was constructed in 1982 on top of more than 10-‐feet of fill material. The mid-‐1800s era railroad line was built on top of a 10-‐foot berm. The 1978 Site records for CA-‐ALA-‐413 indicate that the site was buried under 50-‐ to 10-‐centimeters of alluvium which provides an additional 2-‐3 feet of extra vertical buffer in addition to the 10-‐feet of fill mentioned above. As a result, CA-‐ALA-‐413 would have a vertical buffer of 12-‐ to 13-‐feet from the top of the “New” West Las Positas Boulevard. As the proposed construction activities indicated that underground construction trenching would be limited to 3-‐ to 6-‐feet, the Proposed Project/Action would be entirely within fill and would provide a 7-‐ to 10-‐foot vertical buffer from CA-‐ALA-‐413. The plans for the construction of the “New” West Las Positas Boulevard in 1982 on both the east and west side the Southern Pacific Railroad right-‐of-‐way shows the berm in street centerline profile view (Attachments 7 and 8). As noted earlier, and as also shown on these plans, the fill material that was placed during the construction of the “New” West Las Positas Boulevard in 1982. This fill material brought the elevation of the new roadway up to the elevation of Southern Pacific Railroad. Additionally, as previously noted, the fill material buried and protected the CA-‐ALA-‐413 area that is located in the property south of the “New” West Las Positas Boulevard. The construction of the City’s proposed recycled water pipeline will be parallel to and approximately 7-‐feet from the north curb line of the “New” West Las Positas Boulevard. At the closest location, which is immediately adjacent to the Southern Pacific Railroad right-‐of-‐way, the excavation will be approximately 85-‐feet north of the area delineated by CA-‐ALA-‐413. At this location, the excavation for the City’s proposed recycled water pipeline will be completely within the fill material and will not be deep enough to penetrate the native soil depth shown on the HBP improvement plans. As previously noted and shown on the attached plans, the fill on the west side of the Southern Pacific Railroad right-‐of-‐way is approximately 10-‐feet at the Southern Pacific Railroad right-‐of-‐way and decreases in thickness until it matches the native ground elevation approximately 750-‐feet to the west of the Southern Pacific Railroad. Consequently, the City’s proposed recycled water pipeline excavation would be in fill material for approximately 350-‐feet west of the Southern Pacific Railroad right-‐of-‐way before it is deep enough to penetrate the native ground. As shown graphically in Attachment 8, this point of intersecting native ground is a significant distance west and south of the area delineated by CA-‐ALA-‐413. POINT NUMBER 4 -‐ THE PIPELINE WILL BE INSTALLED PARALLEL TO MANY OTHER UTILITIES THAT WERE CONSTRUCTED AS PART OF THE 1982 WEST LAS POSITAS BOULEVARD IMPROVEMENTS AT WHICH TIME NO DISCOVERIES WERE REPORTED Attachments 7 and 8 show that when the “New” West Las Positas Boulevard was constructed in 1982, it also included the construction various buried utilities, including storm drains, water, sewer, gas, and electric utilities and pipelines. These utilities were constructed in fill material and also penetrated the native ground elevation at approximately 350-‐feet west of the Southern Pacific Railroad right-‐of-‐way. However, no discoveries were reported during the construction of these utilities. As described in the Project Description, the proposed recycled water pipeline will be constructed in less than 6-‐feet of fill and parallel to the existing pipelines and utilities. Therefore, no discoveries or interaction with CA-‐ALA-‐413 are expected to occur.

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CONCLUSION AND RECOMMENDATIONS Based upon this additional research and evidence, it is our collective opinion that the construction and/or operation of the City’s Proposed Recycled Water Pipeline Project will have “No Adverse Effect” on CA-‐ALA-‐46 and CA-‐ALA-‐413. As with all construction projects, the construction of the Proposed Project/Action could inadvertently uncover buried cultural resources (i.e. Historical, archeological, and human remains. To further reduce the potential to adversely affect any of these resources, the following Inadvertent Discovery Plan (Attachment 11) was prepared and should be implemented as necessary to ensure that there are no adverse effects to unidentified cultural resources that may exist in the APE during the construction of the Proposed Project/Action.

Attachment 1 Site Record for P-‐01-‐000066 (CA-‐ALA-‐46)

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(see corrected supplement "C" for corrected information)

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(see corrected supplement "C" for correct information)

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Attachment 2 Figure 2 From February 2015 Cultural Resources Investigation Report Showing Location of CA-‐ALA-‐46

Attachment 3 Site Record for P-‐01-‐000139 (CA-‐ALA-‐413)

Attachment 4 Drawings for Stoneridge Tract 6164

Attachment 5 1971 Improvement Plans for Subdivision Map 3232 Titled, “Las Positas Unit 1”

Attachment 6 1971 Improvement Plans for Subdivision Map 3290 Titled, “Las Positas Unit 2”

Attachment 7 June 1982 Plans for the North Pleasanton Improvement District

Attachment 8 1982 Plans for Parcel Map 3858, “Hacienda Business Park.”

CA-ALA-413

Southern Pacific railroad

Attachment 9 Sheet 9 of the February 1982 Plans for Parcel Map 3858 Titled, “Hacienda Business Park” with Colored Hand Drawings

Attachment 10 Revised Figure 3 in the February 2015 Section 106 Updated Cultural Resources Investigation Report

CA-‐ALA-‐413

“Original” Las Positas Road Now Ithica Way

Proposed Pipeline Alignment

Revised Figure 3 -‐ LocaBon of CA-‐ALA-‐413

Approximately 70-‐foot Horizontal Buffer from CA-‐ALA-‐413 and Proposed

Pipeline Alignment

Attachment 11 Inadvertent Discovery Plan for the City of Pleasanton’s Recycled Water Project

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City of Pleasanton’s Recycled Water Project Inadvertent Discovery Plan

INADVERTENT DISCOVERY PLAN

A Plan and Procedure for Dealing with the Inadvertent Discovery of Cultural Resources

City of Pleasanton Recycled Water Project

1.0 INTRODUCTION The State Water Resources Control Board (State Board) is responsible for administering the State Revolving Fund (SRF) Loan Program and may provide funds on behalf of the U.S. Environmental Protection Agency (EPA) for the construction of the City of Pleasanton’s (City) proposed Recycled Water Project (Proposed Project/Action). EPA has delegated authority to the State Board for examining cultural resources and communicating with the parties concerning such examinations. PROJECT/ACTION DESCRIPTION SUMMARY The Proposed Action includes a proposed upgrade and expansion of the Dublin San Ramon Services District’s (DSRSD) existing wastewater treatment plant (WWTP) to provide a recycled water supply of approximately 2,500 acre-feet per year (afy) to meet the recycled water demands in the City’s service area and offset deliveries from the City’s groundwater supplies and water purchases from Zone 7 Water Agency. The Proposed Action also includes approximately 22-miles (116,000 linear feet) of pipeline ranging in diameter from 6-inches to 18-inches, as well as approximately 5-miles (26,350 linear feet) of existing pipeline that will be re-purposed from abandoned or existing potable pipelines. FEDERAL NEXUS Due to the potential funding under the SRF Loan Program, this project is considered a Federal undertaking and, therefore, is subject to Section 106 of the National Historic Preservation Act of 1966, and its associated regulations at 36 CFR Part 800.

Federal law stipulates that in the case of an undertaking that utilizes federal money, a project will adhere to provisions of the National Historic Preservation Act of 1966 (as amended). As the lead agency, the State Board is responsible for all aspects of 36 CFR 800 in dealing with the treatment of cultural resources and the consultation of concerned parties. As previously mentioned, EPA has delegated authority to the State Board for examining cultural resources and communicating with the parties concerning such examinations. Potentially concerned parties include: the City of Pleasanton, the Ohlone Indian Tribe, the Trina Marine Ruano Famity, the Coastanoan Rumsen Carmel Tribe, the Amah Mutsun Tribal Band of Mission San Juan Bautista, the Indian Canyon Mutsun Band of Coastanoan, the Muwekma Ohlone Indian Tribe of the San Francisco Bay Area, and the Office of Historic Preservation (OHP).

Any staff members of State Board and/or the City, their contractors, or subcontractors are required to halt construction if they observe or identify any cultural materials and will provide a professional archaeologist adequate time to assess, record, and potentially analyze any resources that might be uncovered. The OHP will be notified of any discoveries that occur during construction.

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This document serves as the plan for dealing with any discoveries of human skeletal remains, artifacts, sites, or any other cultural resources eligible for listing in the National Register of Historic Places (NRHP). This plan is intended to provide guidance to City personnel so they can:

• Comply with applicable Federal and State laws and regulations, particularly 36CFR 800 (as

amended January 11, 2001) of the regulations that implements Section 106 of the National Historic Preservation Act of 1966;

• Describe to regulatory and review agencies the procedures that City of Pleasanton will follow to prepare for and deal with inadvertent discoveries; and

• Provide direction and guidance to project personnel on the proper procedures to be followed

should an inadvertent discovery occur. 2.0 INADVERTENT DISCOVERY OF HUMAN SKELETAL REMAINS ON NON-FEDERAL

AND NON-TRIBAL LAND IN THE STATE OF CALIFORNIA If ground-disturbing activities encounter human skeletal remains during the course of construction, then all activity must cease that may cause further disturbance to those remains and the area of the find must be secured and protected from further disturbance. In addition, the finding of human skeletal remains must be reported to the Alameda County Coroner and local law enforcement in the most expeditious manner possible. The remains should not be touched, moved, or further disturbed.

The Alameda County Coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county coroner determines the remains are non-forensic, then they will report that finding to the OHP who will then take jurisdiction over the remains and report them to the appropriate cemeteries and affected tribes. If human remains are discovered, work will be halted and the Alameda County Coroner will be contacted. The Alameda County Coroner will make a determination of whether the remains are Indian or non-Indian and report that finding to any appropriate cemeteries and affected tribes. If either the Alameda County Coroner, the On-site Archaeologist and/or the Native American Monitor believes the remains to be Native American, the treatment of the remains will proceed in accordance with the wishes of the Native American Monitor, who will take custody of any burials or burial-related artifacts that are removed in the course of excavation. The Native American Monitor will maintain custody of these materials pending the appointment of a Most Likely Descendant (MLD) by the Native American Heritage Commission, who will determine the level of analysis allowed and their ultimate disposition. The OHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains.

ADDITIONAL RESPONSIBILITIES AND INFORMATION

A. The area of work stoppage will be adequate to provide for the security, protection, and

integrity of the skeletal remains, in accordance with California State law. The City’s Project/Action Engineer will be responsible for taking appropriate steps to protect the discovery. At a minimum, the immediate area will be secured to a distance of a hundred (100) feet from the discovery. Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the discovery site.

B. The State Board and the City acknowledges that any find of human skeletal remains may be a

burial of Native American ancestry. It is further acknowledged that the concerned Indian Tribes are extremely sensitive about ancestral burials, and that the find must be treated confidentially.

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C. Nothing in this agreement is intended or shall be construed to diminish or affect in any way the

right of the Tribes to take any lawful action to protect Native American graves from disturbance or desecration, or to protect the Tribes’ rights under cemetery and Native American graves protection laws, or other applicable laws.

D. This information is covered by the Section 304 of the National Historic Preservation Act;

Section 9(a) of the Archaeological Resources Protection Act; Executive Order 13007; and Section 6254.10 of the California State Government Code and specific components of the records are exempt from disclosure (RCW 42.17.310(1)(k)) to avoid the looting or depredation of such sites.

PROCEDURES FOR THE DISCOVERY OF ARCHAEOLOGICAL RESOURCES

A. If any staff members of State Board and/or the City, their contractors, or subcontractors, including archaeological monitors, believe that he or she has encountered cultural or archaeological remains of any kind, all work at and adjacent to the discovery shall immediately cease. He or she will inform the Project’s Resident Engineer and the State Board. Attachment A provides a contact list of individuals that should be contacted if cultural resources are encountered. The area of work stoppage will be adequate to provide for the security, protection, and integrity of the archaeological discovery. A cultural resource discovery could be prehistoric-period or historic-period in age and consist of (but not limited to):

• Areas of charcoal or charcoal-stained soil and stones;

• Stone, tools, or waste flakes (i.e., an arrowhead or stone chips);

• Bone, burned rock, or mollusk shell, whether or not seen in association with stone tools or

chips;

• clusters of tin cans, ceramics, flat glass, or bottles, concentrations of brick, or logging, mining, or agricultural equipment.

B. The State Board’s Projects Manager will consult with the On-site Project

Archaeologist/Monitor to determine if the remains are archaeological and greater than 50 years old. If the On-Site Project Archaeologist/Monitor believes that the discovery is a cultural resource, he or she and the State Board’s Projects Manager will discuss with the City’s Resident Engineer and steps will be taken to protect the discovery site. At a minimum, subsurface disturbances will stop and the area adjacent to the discovery will be secured. Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the discovery site. Any newly discovered archaeological resource would be considered eligible to the NRHP until determined otherwise by the OHP. Work in the immediate area will not resume until treatment of the discovery has been completed following the provisions for treating archaeological/cultural material as set forth in Appendix B.

C. The State Board Project Manager and the On-site Project Archeologist/Monitor will contact the

OHP to assist in the significance evaluation of all inadvertent discoveries of cultural resources. Any discovery deemed eligible for listing in the NRHP will be assessed and treated according to the provisions set forth in Appendix A of this document.

D. The State Board will immediately contact the OHP (Attachment A) for consultation regarding

National Register eligibility of any new discovery. If the federal and state agency

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representatives determine that the discovery is an eligible cultural resource, they and concerned Indian Tribe(s), as appropriate, will consult to determine appropriate treatment to be presented and agreed upon in a Memorandum of Agreement (MOA) or other appropriate documentation. Mitigation measures will be developed in consultation with the State Board and the OHP, and the affected tribes (where appropriate), which could include avoidance through redesign, conducting data recovery and/or relocating materials or remains. Agreed upon treatment measures performed by the City include protecting the resources in place, or data recovery such as mapping, photography, limited probing, and sample collection, or other measures.

E. This information is covered by the Section 304 of the National Historic Preservation Act;

Section 9(a) of the Archaeological Resources Protection Act; Executive Order 13007; and Section 6254.10 of the California State Government Code and specific components of the records are exempt from disclosure (RCW 42.17.310(1)(k)) to avoid the looting or depredation of such sites.

Attachment A

City of Pleasanton Recycled Water Project Inadvertent Discovery Plan

Contact Information

Primary Contacts State Board Project Manager Ahmad Kashkoli

(916) 341-‐5855 State Board Assistant Project Manager Cedric Irving

(916) 341-‐6983 City of Pleasanton Project Engineer Steve Kirkpatrick

(925) 931-‐5595 On-‐Site Professional Archeologist Dan Shoup

(510) 213-‐0391 Principal Environmental Planner Steve Brown

(916) 517-‐2189 City of Pleasanton Project Coordinator Rita Di Candia

(925) 931-‐5595 Office of Historic Preservation Contacts Tristan Tozer and/or Jessica Tudor

(916) 445-‐7000 Other Agency Contacts Alameda County Sheriff’s Office –Coroner’s Bureau

Captain S. Sexton (510) 382-‐3000

City of Pleasanton Police Department – Homicide Unit

Non-‐Emergency Number (925) 931-‐5200

Tribal Contacts The Amah Mutsun Tribal Band of Mission San Juan Bautista

Irene Zwierlein (650) 400-‐4806

The Indian Canyon Mutsun Band of Coastanoan

Anne Marie Sayers (831) 637-‐4238

The Coastanoan Rumsen Carmel Tribe Tony Cerda (909) 524-‐8041

The Trina Marine Ruano Family Ramona Garabay (510 972-‐0645

The Ohlone Indian Tribe Andrew Galvan (510) 882-‐0527

The Muwekma Ohlone Indian Tribe of the SF Bay Area

Rosemary Cambra (408) 205-‐9714

Attachment B Treatment of Archaeological Resources

City of Pleasanton’s Recycled Water Project Construction and/or field activities related to the City of Pleasanton’s Recycled Water Project may cause disturbance to underground archaeological resources. The following provisions are intended to assure the professional archaeological treatment of cultural materials inadvertently discovered during construction activities. Implementation of the plan is the responsibility of State Board. Provisions of the Archaeological / Cultural Resource Treatment Plan are as follows:

1. A qualified professional archaeologist meeting the Secretary of Interior’s standards shall directly observe the excavation process during construction within the vicinity of the Native American archeological resources: P-01-000139 (CA-ALA-413). In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 100 feet of the resources shall be halted. The archaeological site monitor will contact the State Board Project Manager who will then contact the OHP to immediately report all discoveries of cultural resources that are potentially eligible for listing in the NRHP. Construction will be immediately halted within the immediate area of the discovery and the scene will be protected until the State Board has arranged for the discovery to be identified by the on-site Professional Archaeologist and the OHP. If the discovery is determined to be a significant historic or archaeological site, or consists of Native American human remains, the OHP, the State Board, and the Tribe(s) will be consulted as appropriate to determine the course of action.

2. As part of the construction team, a professional archaeologist will ensure proper documentation and assessment of any discovered cultural resources. Non-intrusive field documentation of all human remains will be undertaken immediately. All prehistoric and historic cultural material discovered during project construction will be recorded by the Professional Archaeologist on standard cultural resource site forms, or on isolate forms using standard techniques. Site overviews, features, and artifacts will be photographed; stratigraphic profiles and soil/sediment descriptions will be prepared for subsurface exposure. Discovery locations will be documented on scaled site plans and site location maps.

3. Sites discovered during construction will be assumed eligible pending evaluation by an

archeologist meeting the Secretary of Interiors Standards under Criterion D for inclusion in the National Register of Historic Places (NRHP) for the purposes of Section 106 compliance, in accordance with 36 CFR 800.13(c).

4. Where complex or extensive cultural remains are encountered, the State Board and the OHP

will jointly determine the appropriate level of documentation and treatment of the resources after consultation with the concerned tribal representatives.

5. The State Board and the OHP will decide when construction may continue at the discovery

location. Where cultural resources are encountered during construction, but additional project effects to the resources are not anticipated, project construction may continue while documentation and assessment of the cultural resources proceed. If continued construction is likely to cause additional impacts to such resources, project activities within a radius of 100 feet of the discovery will cease until the Professional Archaeologist has documented the site, evaluated its significance, and assessed potential effects to the site.

6. Cultural features, horizons, and artifacts detected in buried sediments may require further

evaluation using hand-dug test units to clarify aspects of integrity, stratigraphic context, or feature function. Units may be dug in controlled fashion to expose features, collect radiocarbon or animal/plant macrofossil samples from undisturbed contexts, or interpret complex stratigraphy. A test excavation unit or small trench might also be used to cross-section a feature to determine if an intact occupation surface is present. Test units will be used only when necessary to gather information on the nature, extent, and integrity of subsurface cultural deposits to evaluate the site’s potential to address significant research domains. Excavations will be conducted using state-of-the-art techniques for controlling provenience of recovered remains.

7. Sediments excavated for purposes of cultural resources investigations will be screened

through 1/8-inch or ¼-inch mesh depending on the soil types encountered. Spatial information, depth of excavation levels, natural and cultural stratigraphy, presence or absence of cultural material and depth of sterile soil, regolith, or bedrock will be recorded for each probe on a standard form. Test excavation units will be recorded on unit-level forms, which include plan maps for each excavated level, and material type, number and vertical provenience (depth below surface and stratum association where applicable) for all artifacts recovered from the level. Radiocarbon and macrofossil samples will be taken from intact subsurface features exposed by shovel/auger probes or test units. A stratigraphic profile will be drawn for at least one wall of each test excavation unit.

8. All prehistoric and historic artifacts collected from the surface and from probes and

excavation units will be analyzed, catalogued, and temporarily curated at a facility meeting the Secretary of Interior’s standards for curation. Ultimate disposition of cultural materials will be determined in consultation with the State Board, OHP, and concerned tribes.

9. Within 90 days of conclusion of fieldwork, a management summary describing any and all

monitoring activities and resultant archaeological excavations will be provided to State Board by the on-site professional archeologist and the City’s Project Engineer/Construction Manager. The State Board Project Manager will forward the report to the OHP and concerned tribes.

10. If construction activity exposes human remains (burials, or isolated teeth or bones),

construction in the immediate vicinity of the find will be halted. State Board will follow procedures outlined under section 2.0 of the Inadvertent Discovery Plan.

11. Treatment of Native American Remains: If either the Alameda County Coroner, the On-site

Archaeologist and/or the Native American Monitor believes the remains to be Native American, the treatment of the remains will proceed in accordance with the wishes of the Native American Monitor, who will take custody of any burials or burial-related artifacts that are removed in the course of excavation. The Native American Monitor will maintain custody of these materials pending the appointment of a Most Likely Descendant (MLD) by the Native American Heritage Commission, who will determine the level of analysis allowed and their ultimate disposition. The OHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains.

12. Treatment of Non-Indian Historic Remains: If the human skeletal remains are determined to

be historic non-Indian remains, treatment will be determined by the On-Site Archeologist/Monitor in consultation with the State Board and OHP.

13. Curation: The State Board will ensure that eligible artifacts are curated appropriately.

Collected artifacts and samples that are determined historically significant would be curated for future use for research, interpretation, preservation, and cultural resource management activities using Department of the Interior federal guidelines for curation (36 CFR 79). Artifacts and associated documents resulting from data recovery, including maps, photographs, field notes, bone, shell, soil samples, wood and other botanical samples, and fire-modified rock, would be curated following analysis. Artifacts, samples, and records would be prepared for curation. A sample of selected artifact categories and sediments would be retained for curation. For cultural resources that are determined “significant” State Board will, in consultation with the OHP and affected tribes, identify appropriate facilities, provide and pay for long-term curation of prehistoric, ethnohistoric, and historic artifacts, data samples, and records resulting from the project investigations. The State Board will consult with affected federally and non- federally recognized Tribes to reach agreement about permanent storage of some of the materials.

14. The State Board will comply with any applicable Federal and State laws and regulations, including but not limited to:

• Section 106 of the National Historic Preservation Act of 1966, as amended, and its

implementing regulations, • Native American Graves Protection and Repatriation Act (NAGRPA) of 1990, as amended. • California State Law.

15. Contracts for construction and field-disturbing work: the City will include provisions in any contract(s) for construction or field-disturbing work that provide for the ability of the State Board and federal, state and local government agencies to implement the requirements of this Plan.

City of Pleasanton - No Adverse Effect Memo

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