Mitigation Measure C-1: Prior to project construction, the Applicant shall develop a Cultural Resources Management Plan (CRMP), subject to CPUC and ANF approval, which shall address the treatment of all cultural resources and sensitive areas identified in Phase 1 investigations. This Plan shall address potential impacts on archaeological sites and historic resources (e.g., consideration of the construction, operation/maintenance, and traffic impacts on the historic Old Ridge Route). A qualified archaeologist, approved by CPUC and ANF, shall prepare the plan. Appropriate treatment of each resource including potential avoidance, significance testing, and data recovery shall be included. The CRMP shall be developed pursuant to all relevant city, county, and State cultural resource guidelines and criteria and it shall stipulate the requirements of all mitigation measures listed below. This plan shall be developed so that it can form the basis of a subsequent Programmatic Agreement (PA) pursuant to Section 106 of the National Historic Preservation Act (NHPA) and its implementing guidelines (36 CFR 800) required by Federal permit from the ANF, and any other Federal responsible agencies (e.g., U.S. Army Corps of Engineers [COE]).
To fulfill its responsibilities under Section 106, the ANF, in consultation with the State Historic Preservation Office (SHPO) and the Advisory Council on Historic Preservation (ACHP), has agreed to develop a PA that shall stipulate the requirements of all future archaeological and historical investigations associated with the project, including but not necessarily limited to those mitigation measures described below. The PA would be a legally binding document that commits all signatories, including the ANF, COE, the SHPO, the ACHP, and the Applicant, to comply with its stipulations. The Applicant would be able to receive its needed Section 404 Permit from the COE and permits from the ANF only after the PA has been developed and signed. Affected jurisdictions and Native American groups would be consulted in the development of the PA.
Impact: Pipeline construction encroaching within cultural resources. (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI provides for review a CRMP that was prepared by a qualified archaeologist (according to guidelines and/or consultation with affected Native American groups and all affected state, county and city jurisdictions) that addresses the treatment of all cultural resources and sensitive areas identified in Phase 1 investigations. (Level 1) - Prior to construction.
PC2 PPSI arranges to have at least one qualified, approved archaeologist on-call during all construction activities. (Level 3) - Prior to and during construction.
Effectiveness Criteria: The CRMP is accepted by all oversight agencies and pipeline construction doesn=t encroach within cultural resources.
Effectiveness Timing: CRMP accepted prior to project construction and during construction
Mitigation Measure C-2: The Applicant, utilizing the services of a qualified archaeologist approved by CPUC and ANF, shall perform a Phase 1 archaeological survey for all areas not previously defined and not surveyed including areas to be designated on final engineering plans such as pump stations, receiving stations, staging areas, points of ingress/egress, or any locations where corridor width exceeds 50 feet. The investigations shall be conducted by a qualified and approved archaeologist with experience in local archaeology pursuant to relevant Federal, State, and county standards and guidelines. The archaeologist shall be accompanied by a Native American surveyor trained in recognizing archaeological sites. If an archaeological site is found, a qualified archaeologist shall determine the depth and significance of the resource and the specific impacts of the proposed project. If the resource cannot be avoided, an archaeological testing program to determine site significance shall be conducted. If the site is significant, a mitigation plan reviewed and approved by the appropriate jurisdictions shall be carried out.
Impact: Pipeline corridor areas not surveyed: unidentified sites could be impacted (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI provides Phase 1 survey report from a qualified archaeologist (who was accompanied by Native American surveyor) that addresses all of the issues outlined in the text of Mitigation Measure C-1 all areas not previously defined and not surveyed. (Providing this information does not relieve PPSI from the stipulations associated with a Variance request for additional extra work space during construction activities.) (Level 2) - Prior to start of construction in all areas not previously defined or surveyed.
PC2 If significant site(s) found, PPSI implements the approved mitigation plan (see Mitigation Measure C-1). (Level 2)- Prior to construction at significant sites.
Effectiveness Criteria: Review/approve Phase 1 report and mitigation plan and no impacts to unidentified sites.
Effectiveness Timing: Prior to final project design and during construction
Mitigation Measure C-3: Prior to commencement of grading, the Applicant shall revise the alignment to the extent feasible to avoid all archaeological sites by at least 50 feet without exacerbating other environmental impacts. Sites near the alignment shall be fenced to prevent accidental disturbance during construction.
Impact: Archaeological sites within construction corridor (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI provides revised alignment sheets showing route avoidance of archaeological sites that would fall within 75 feet of the ROW centerline in rural settings and 25 feet of the ROW centerline in urban settings. (Level 1) - Prior to construction at significant sites.
PC2 Edge of ROW near archaeological site(s) in rural settings (within 75 feet of the ROW) will be marked with fencing extending at least 50 feet past site boundaries. (Level 2) - Prior to construction.
PC3 All project personnel will stay within the approved ROW at all times, whether in a vehicle, on equipment, or walking. Surveyors and cathodic protection personnel may leave the ROW, as necessary, on foot only, to perform their job duties. (Level 3)- Prior to and during construction.
Effectiveness Criteria: EM will verify site boundaries and proposed realignments to achieve maximum feasible avoidance of archaeological sites.
Effectiveness Timing: During construction
Mitigation Measure C-3*: The Applicant, utilizing the services of a qualified specialist approved by CPUC, shall perform a Phase 1 historical archival study of urban areas, prior to construction, for , San Fernando, Van Nuys, Burbank, Glendale and Los Angeles. The archival study shall determine the potential for buried historic materials under developed sections with poor visibility by reviewing Sanborn Insurance Maps and other relevant historic maps. If areas of high sensitivity cannot be avoided, then additional Phase 1 subsurface surveys may be necessary. If potentially significant resources are identified which cannot be avoided through project redesign, they shall be subject to Phase 2 significance assessment and Phase 3 data recovery mitigation pursuant to the CRMP (see C-7).
Impact: Areas of historic resource high sensitivity with poor surface visibility or potential alluviation may not be identified and could be impacted during construction (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI provides approved Phase 1 historical report with complete references that verifies that relevant historical maps and other data have been consulted to identify areas sensitive for buried historical resources. (Level 1) - Prior to construction.
Effectiveness Criteria: The Phase 1 historical report will identify areas, possibly developed or obscured, which have potential to contain subsurface sites, structures, features, or other deposits and areas of historic resource high sensitivity with poor surface visibility are not impacted.
Effectiveness Timing: Prior to final project design and no impacts during construction
Mitigation Measure C-4: A qualified archaeologist approved by CPUC and ANF, shall monitor all ground disturbances including vegetation removal from EMP 0.0 to 15.9, 19.5 to 20.3, and 32.6 to 55.5 in areas of potential alluviation (floodplains of streams, creeks, or rivers). Any cultural resources identified shall be avoided to the maximum extent feasible. If not feasiblely avoided, a Phase 2 significance assessment of the resource shall be conducted (see Mitigation Measure C-5 below) pursuant to Federal, State, and local regulations and guidelines. If significant resources are identified during the Phase 2 program, they shall be subject to Phase 3 data recovery mitigation pursuant to the CRMP and PA (see Mitigation Measure C-6 below).
Impact: Areas of prehistoric resource high sensitivity with poor surface visibility or potential alluviation may not be identified and could be impacted during construction (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI has qualified archaeologist monitor ground disturbing activities (including vegetation removal) from EMP 0.0 to 15.9 (where outside of road rights-of-way), 19.5 to 20.3, and 32.6 to 55.5 in areas of potential alluviation (floodplains of streams, creeks, or rivers). (Level 3) - During construction.
PC2a Construction avoids identified cultural resources. (Level 3) - During construction.
or
PC2b If not feasibly avoided, PPSI conducts a Phase 2 significance assessment of the resource (see Mitigation Measures C-5 and C-6) (Level 2) - Prior to additional ground disturbing activities.
Effectiveness Criteria: Review/approve Phase 1 study revised pipeline alignments, or if required, subsequent archaeological investigations.
Effectiveness Timing: Review and approve prior to final project design and during construction.
Mitigation Measure C-4*: Deleted; see Mitigation Measures C-5, C-6, and C-7.
Mitigation Measure C-5: Monitor all construction within 200 feet of archaeological sites and sensitive areas. The monitoring shall be performed by a qualified archeologist, approved by CPUC and ANF, and a Native American observer (as proposed by the Applicant; see Section C.4.2.2.3). The monitoring shall be consistent with relevant Federal, State, and local guidelines in case archaeological remains are discovered. If previously unrecorded cultural resources are discovered during any phase of construction within or outside of these areas, the monitors shall temporarily redirect construction to other areas and shall evaluate the resource's significance. For areas within the ANF, the ANF archaeologist shall be consulted to determine appropriate methods for assessing site significance (Phase 2 program). For areas outside the ANF, the ANF archaeologist shall be contacted. If the remains are significant, Phase 3 data collection, excavations, or other standard archaeological or historic procedures shall be implemented to mitigate impacts pursuant to ANF archaeologist direction.
Impact: Potential for unidentified cultural remains to be impacted by construction (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI has a qualified archeologist and a Native American observer monitor construction within 200 feet of all identified archaeological sites and sensitive areas. (Level 3) - During construction.
PC2 The qualified archaeological monitors temporarily redirect construction when previously unrecorded cultural resources are discovered during any phase of construction. (Level 3) - During construction.
PC3 The qualified archaeological monitors evaluate and report on the significance of the previously unrecorded cultural resources. CPUC/ANF designee to be notified of significance immediately upon determination. (Level 2) - During construction.
PC4 PPSI immediately consults with the ANF archaeologist to determine appropriate methods for assessing site significance of previously unrecorded cultural resources for areas within the ANF. (Level 2) - Prior to continuing ground disturbing activities in the area of unanticipated discovery.
PC5 PPSI contacts the ANF archaeologist about previously unrecorded cultural resources for areas outside of the ANF within 24 hours of discovery. (Level 2) - Within 24 hours of discovery.
PC6 PPSI will have a qualified archaeologist conduct Phase 2 analysis in conformance with Mitigation Measure C-6 for any site that may be affected and the resources are not feasibly avoidable.
Effectiveness Criteria: An archaeological monitor was present during all construction within 200 feet of archaeological sites and areas sensitive for either prehistoric or historical resources so previously unidentified cultural remains were not impacted.
Effectiveness Timing: During project construction
Mitigation Measure C-6: Perform Phase 2 archaeological testing if Phase 1 investigations identify any archaeological site that may be affected by the project, and the resources are not feasibly avoidable. The site's significance within the area of potential impact shall be assessed prior to any final project design approval pursuant to relevant cultural resource regulations and guidelines. Basic scientific data required for an evaluation of significance shall be obtained through test excavations designed to determine:
$ The vertical and horizontal extent of the deposit
$ The structure of the deposit in terms of cultural stratigraphy, features, burials, etc
$ The density and diversity of artifacts and ecofacts in the deposit
$ The nature and extent of previous disturbance
$ Disturbance-related limitations of the data
$ Research questions that may be addressed by analysis of the site
$ Age of site occupation or occupations.
A testing program and site evaluation shall be conducted in accordance with the applicable Federal, State, and local archaeological guidelines and shall address the questions contained in local guidelines and the SHPO checklists. All excavated non-burial related artifacts and associated documentation shall be curated at a local facility meeting local, State, and Federal requirements and guidelines.
Impact: Unavoidable cultural resources may be significant requiring mitigation through data recovery (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 Phase 2 testing does not begin until PPSI documents it has received all approvals from the appropriate agencies. (Level 2) - Prior to start of construction in affected area.
PC2 PPSI has qualified archaeologist perform Phase 2 archaeological testing if Phase 1 investigations identified any archaeological sites that are unavoidable may be affected by the project. (Level 1) - Prior to start of construction in affected area.
PC3 Test excavations shall address the above seven bulleted items. (Level 1) - During Phase 2 testing.
PC4 Phase 2 testing and approval of reports must be completed prior to construction activities in the area. Evidence of such testing and approval will be written release from the CPUC/ANF designee or the ANF archaeologist. (Level 3) - Prior to start of construction in affected area.
Effectiveness Criteria: All newly discovered sites were tested, and EM approved of the report, site evaluations, and recommendations.
Effectiveness Timing: Prior to project construction in affected area
Mitigation Measure C-7: If Phase 2 investigations determine that a significant archaeological site shall be affected by the project and if avoiding or filling over the surface of the archaeological site is not possible, the Applicant shall conduct Phase 3 archaeological data recovery investigations. Phase 3 investigations shall be conducted in accordance with applicable county, State, and Federal regulations and consistent with the requirements of the CPUC and ANF. The Applicant shall facilitate coordination and compliance with the CPUC, ANF, local agencies, the SHPO, the Advisory Council on Historic Preservation, and the U.S. Army Corps of Engineers. Coordination shall include review and approval of a site-specific mitigation plan by local, State, and Federal agencies before any archaeological mitigation or construction begins.
A data recovery plan, including a site-specific research design, shall be developed, reviewed, and approved by relevant jurisdictions specified in the CRMP Mitigation Measure C-1. The plan shall be implemented before any archaeological work or construction work, including grading and brush removal, begins in the vicinity of the affected archaeological site. The research design shall describe the following for each affected site:
$ The significance of the site, as defined by historic contexts based on local research questions
$ Theoretical bases of the research that is planned; regional and site-specific research topics and questions to be addressed through implementation of the mitigation plan, with reference to relevant research questions
$ Specific types of data required to address each research topic and question; the sample size required for each type of data; methods and techniques planned to obtain data in the field
$ Laboratory and analytic procedures necessary to link raw data with the research questions; the logic to be used in interpreting the data
$ How the data will be compared both qualitatively and quantitatively with data from previous studies addressing the same research issues.
All excavated artifacts and associated documentation shall be curated at a local facility meeting local, State, and Federal requirements and guidelines.
The mitigation plan shall describe a program and process for monitoring construction activities in the vicinity of known sites, if any, and for treating emergency discoveries of previously unknown cultural resources.
Impact: Significant, unavoidable cultural resources would be subject to direct construction impacts (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI conducts Phase 3 archaeological data recovery investigation in accordance with applicable county, State, and Federal regulations and consistent with the requirements of the CPUC and ANF. (Level 2) - Prior to and during construction
PC2 PPSI facilitates and documents coordination and compliance with the CPUC, ANF, local agencies, the SHPO, the Advisory Council on Historic Preservation, and the U.S. Army Corps of Engineers. (Level 1) - Prior to and during construction
PC3 PPSI coordinates review and approval of a site-specific mitigation plan by local, State, and Federal agencies before any archaeological mitigation or construction begins. (Level 1) - Prior to and during construction
PC4 PPSI provides a data recovery plan, including a site-specific research design. (Level 1) - Prior to and during construction
PC5 PPSI has all excavated artifacts and associated documentation curated at a local facility meeting local, State, and Federal requirements and guidelines. (Level 2) - Prior to and during construction
Effectiveness Criteria: Unavoidable impacts to all significant sites will have been mitigated, and reports reviewed and approved.
Effectiveness Timing: Prior to project construction
Mitigation Measure C-8: A qualified archaeologist approved by the CPUC and ANF shall review and approve any erosion control and revegetation programs in the vicinity of a known significant site, and shall monitor implementation of these mechanisms.
Impact: Erosion control, revegetation programs could impact cultural resources (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI has a qualified archaeologist review and approve the Erosion Control Revegetation and Landscaping Plan that will be applied in the vicinity of a known significant site (Level 1) - Prior to and during construction.
PC2 PPSI has a qualified archaeologist monitor the installation of erosion control measures in the vicinity of known significant site(s) (Level 3) - During and post-construction.
PC3 PPSI has a qualified archaeologist monitor the revegetation activities in the vicinity of known significant site(s) (Level 3) - During revegetation activities.
Effectiveness Criteria: Erosion will be minimized or its impacts mitigated.
Effectiveness Timing: During construction
Mitigation Measure C-9: Conduct an educational workshop, coordinated by an archaeologist and Native American representatives, and include potential Native American monitors approved by CPUC and ANF to make construction workers aware of the prohibited activities, including vehicle use and unauthorized collecting of artifacts, that can result in impacts on cultural resources. The workshop shall provide instruction on cultural resource identification and identify a process for contacting archaeologists and Native Americans to evaluate unknown finds pursuant to Mitigation Measure C-4. This workshop may be coordinated with other workshops or training required for construction workers.
Impact: Construction workers will have access to archaeological resources and could contribute to illicit artifact collection (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI conducts an educational workshop for construction workers (including contractor, subcontractor and service personnel), coordinated by an archaeologist and a Native American representative and approved Native American monitors, that discusses prohibited activities, including vehicle use and unauthorized collecting of artifacts, that can adversely affect cultural resources. (Level 1) - Prior to construction and during construction.
PC2 The workshop includes information on how to identify a cultural resource and describes the process that will be used to contact the archaeologist and Native American monitor. (Level 1) - Prior to construction and during construction.
PC3 Construction workers (including contractor, subcontractor and service personnel), are not in the project ROW, other than public thoroughfares, during off-hours. (Level 1) - During construction.
Effectiveness Criteria: No unauthorized disturbance, intrusion, or collection has taken place at archaeological sites or sensitive areas; no pedestrian or vehicular traffic has caused impact to the resources.
Effectiveness Timing: Prior to and during project construction
Mitigation Measure C-10: An archaeologist and Native American observer, approved by CPUC and ANF shall participate in the design and review of the Oil Spill Contingency Plan (OSCP) and implementing cleanup measures as contained in Mitigation Measure SS-13, Oil Spill Contingency Plan.
Impact: Oil spill response activities could impact cultural resources (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 An approved archaeologist and Native American observer participate in design and review of Oil Spill Contingency Plan to ensure protection of known cultural resources or significant sites. (Level 2) - Prior to operation.
PC2 An approved archaeologist and Native American observer participate in implementation of cleanup measures as contained in Oil Spill Contingency Plan. (Level 2) - In emergency situation when OSCP is implemented.
Effectiveness Criteria: No impact will occur as a result of an oil spill.
Effectiveness Timing: Prior to project operation. After an oil spill and clean-up activities
Mitigation Measure C-11: The Applicant shall avoid village sites such as CA-LAN-2848H, especially those where burials have been recorded or are considered likely to occur. If project impacts would occur at villages, any known contemporary descendants identified through genealogical studies, recognized Native American tribal representatives, and descendants designated by the Native American Heritage Commission shall be consulted by the Applicant in development of plans to conduct archaeological work. A good faith effort shall be made to involve all trained and qualified individuals described above in monitoring all project-related ground disturbances at village sites.
Impact: Impacts on villages most severe effect on Native Americans (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI avoids known village sites and sites where burials have been recorded or are considered likely to occur. If such sites cannot be avoided and the project activities impact a village site or burial site, construction activities at the site shall be conducted according to plans developed by PPSI and approved by the CPUC/ANF or their designee, recognized Native American representatives, and descendants designated by the Native American Heritage Commission. (Level 3) - During construction.
PC2 If project activities impact any village site or burial site, construction activities at the site shall stop until PPSI provides the results of a genealogical study that was conducted to identify known contemporary descendants from the site. (Level 3) - Prior to construction at a village or burial site.
PC3 PPSI shall consult with known contemporary descendants from the site (as determined by the genealogical study), recognized Native American tribal representatives, and descendants designated by the Native American Heritage Commission when developing plans for archaeological work at the village or burial site. (Level 3) - Prior to construction at a village or burial site.
PC4 PPSI shall provide a list of individuals who will monitor all project-related ground disturbances at village sites and note which individuals are known contemporary descendants from the site, recognized Native American tribal representatives, and/or designated descendants. (Level 2) - Prior to construction at a village or burial site.
Effectiveness Criteria: No impact will occur to village or burial sites.
Effectiveness Timing: Prior to final project design, and during to project construction.
Mitigation Measure C-12: As proposed in the Applicant=s Project Description, the Applicant, under direction by CPUC and ANF, shall incorporate appropriate Native American input and participation for all project-related activities that would disturb the surface or subsurface constituents of an archaeological site. A good-faith effort, to be evaluated by the CPUC/ANF, shall be made to involve as many trained and interested local Native American groups and individuals in consulting on impacts and mitigations and construction monitoring as possible. Qualifications for Applicant proposed monitors shall be as specified in written documents such as NAHC Guidelines for Monitors/Consultants (1989), and city or county agency cultural resource guidelines. Native Americans shall be consulted on any archaeological work performed.
Impact: Construction within archaeological sites affects Native American values (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI documents incorporation of Native American input and participation for all project-related activities that would disturb the surface or subsurface constituents of an archaeological site. (Level 1) - Prior to and during construction.
PC2 PPSI specifies qualifications for cultural resource monitors based on NAHC Guidelines for Monitors/Consultants and city and county agency guidelines for cultural resources. (See also Mitigation Measures C-4, C-5, C-8 and C-10). (Level 1) - Prior to and during construction.
PC3 PPSI documents consultation with Native Americans about all archaeological work performed. (Level 1) - Prior to and during construction.
Effectiveness Criteria: Native American monitors are present during all project activities which may disturb sites.
Effectiveness Timing: During project construction
Mitigation Measure C-13: The Applicant shall provide for curation of non-burial related artifacts recovered outside the ANF at a local, qualified facility that ensures access to artifacts by Native Americans. An agreement between the Native Americans and the institutional facility shall be reviewed and approved by the CPUC, and relevant county agencies prior to construction start-up. The Applicant shall acquire rights to all artifacts recovered within the project ROW outside the ANF so that appropriate curation is assured. All artifacts recovered within the ANF shall be curated in a facility specified by the ANF.
Impact: Potential loss of recovered artifacts that have research value to archaeologists and spiritual value to Native Americans (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI provides for curation of non-burial related artifacts recovered outside the ANF at a local, qualified facility that ensures access to artifacts by Native Americans. (Level 2) - Prior to start of construction
PC2 PPSI provides copy of an agreement between the Native Americans and the institutional facility. (Level 1) - Prior to start of construction
PC3 PPSI acquires rights to all artifacts recovered within the project ROW outside the ANF to assure appropriate curation. These rights shall be acquired when negotiating for authorization to use the right-of-way with the owner. If the rights to the artifacts cannot be acquired (and artifacts are recovered), PPSI shall provide documentation from the landowner indicating that rights to artifacts could not be acquired. (Level 1) - Prior to start of construction and during construction.
PC4 PPSI has all artifacts recovered within the ANF curated in a facility specified by the ANF. (Level 2) - Prior to start of construction and during construction.
Effectiveness Criteria: Cultural materials with supporting documentation and records are delivered into curation at approved institutions.
Effectiveness Timing: During project construction
Mitigation Measure C-14: The Applicant shall implement procedures specified in CEQA Appendix K, Section VIII if human remains are discovered outside the ANF. In addition, security measures shall be implemented to ensure that burials are not vandalized until the decision of burial deposition has been made pursuant to Section 7050.5, Health and Safety Code and 5097.98 of the Public Resources Code. If burials are identified within the ANF, the statutes of NAGPRA shall apply.
Impact: Impacts to human remains of extreme sensitivity to Native American values (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI implements procedures specified in CEQA Appendix K, Section VIII if human remains are discovered outside the ANF. (Level 2) - When human remains are discovered outside the ANF
PC2 PPSI implements security measures to ensure that burials are not vandalized. (Level 3) - When burials are discovered
PC3 PPSI applies the statues of the Native American Graves Protection and Repatriation Act (NAGPRA) when burials are identified within the ANF. (Level 2) - When burials are discovered within the ANF.
Effectiveness Criteria: Any burials are treated according to the CRMP and PA.
Effectiveness Timing: During construction
Mitigation Measure C-15: The Applicant shall avoid adverse impacts on oak trees and other plants of local Native American concern used for crafts, medicinal practice, and food. Impacts on other native plants of Native American concern shall be minimized by providing access to Native Americans to collect herbs prior to construction, and by relocating and revegetating grasses. Project biologists shall consult with Native Americans to map the locations of important vegetation prior to construction.
Impact: Native vegetation used and valued by Native Americans could be impacted by construction. (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 No adverse impacts on oak trees and plants used for crafts, medicinal practice, and food by local Native Americans. (Level 2) - During construction.
PC2 PPSI provides access to Native Americans to collect herbs prior to construction. (Level 2) - Prior to construction.
PC3 PPSI relocates and revegetates grasses that are of Native American concern. (Level 2) - Prior to construction and post-construction.
PC4 PPSI biologists consult with Native Americans to map the locations of important vegetation prior to construction. (Level 2) - Prior to construction.
Effectiveness Criteria: Plants of Native American concern are avoided to the maximum extent feasible.
Effectiveness Timing: During project construction
Mitigation Measure C-16: After consultation with the ANF, the State Historic Preservation Office, and the Advisory Council on Historic Preservation, the Applicant shall develop a Management Plan to address current and ongoing cumulative traffic impacts to the Old Ridge Route. The Plan shall include measures designed to protect the road during construction and to preserve its historic character, and it shall be provided to the ANF for administration.
Impact: Cumulative impacts from ongoing traffic on the historic Old Ridge Route (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI develops in consultation with ANF, SHPO, and ACHP a Management Plan to address current and ongoing cumulative traffic impacts to the Old Ridge Route. (Level 1) - Prior to construction on ANF lands
PC2 PPSI provides Old Ridge Road Management Plan to ANF for administration. (Level 1) - Prior to construction on ANF lands
Effectiveness Criteria: The appropriate agencies are consulted, the Management Plan implemented, and Old Ridge Road does not sustain cumulative impacts.
Effectiveness Timing: Prior to construction and during construction.
Mitigation Measure C-17: The Programmatic Agreement (PA) shall include a provision for a formula-based funding program based on magnitude of impact on ethnic heritage values. Under this program, the Applicant shall provide an agreed-upon level of funding before construction and shall thereafter solicit proposals from Native American organizations affiliated with tribal lands impacted by the pipeline (e.g., Emigdiano and Castac Chumash, Tataviam, and Gabrielino) for educational and/or cultural enhancement programs. Proposals received shall be reviewed by the Applicant and one or more programs shall be provided with a reasonable level of support after review and approval by the CPUC and ANF.
Impact: Cumulative impacts of site description on Native American ethnic heritage values (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI will develop a formula-based funding program based on magnitude of impact on ethnic heritage values. (See also Mitigation Measure C-1.) (Level 1) - Prior to construction.
PC2 PPSi will solicit proposals from Native American organizations affiliated with tribal lands impacted by the pipeline for educational and/or cultural enhancement programs. Awards will be determined after review by PPSI and approval by CPUC and ANF. (Level 1) - Prior to construction.
Effectiveness Criteria: Funds awarded in accordance with appropriate evaluation criteria.
Effectiveness Timing: Funding established prior to construction; implement program before operation.
Mitigation Measure C-18: The Applicant shall develop an Abandonment Plan that shall be reviewed by an archaeologist and Native American approved by the CPUC and ANF. If any previously undisturbed ground areas are to be impacted within archaeological site areas, Mitigation Measures C-1 through C-15 shall be implemented as considered necessary by the archaeologist and Native American.
Impact: Impacts of pipeline abandonment (Class II)
Performance Criteria, Violation Level, and Timing:
PC1 PPSI provides Abandonment Plan. (Level 1) - Prior to abandonment of pipeline.
PC2 PPSI provides written documentation from the project archaeologist and the Native American consultant which mitigation measures (Mitigation Measures C-1 through C-15) are implemented prior to ground disturbing activities. (Level 1) - Prior to ground disturbing activities associated with the abandonment of pipeline.
Effectiveness Criteria: Impacts to cultural resources as a result of abandonment will be avoided or mitigated.
Effectiveness Timing: Prior to abandonment
CULTURAL RESOURCES APPLICANT PROPOSED MEASURES
Applicant Proposed Measure C-19**: Creation of a cultural resources management plan addressing treatment of sites identified during Phase I surveys
Impact: See Mitigation Measure C-1
Performance Criteria, Violation Level, and Timing: See Mitigation Measure C-1
Effectiveness Criteria: See Mitigation Measure C-1
Effectiveness Timing: See Mitigation Measure C-1
Applicant Proposed Measure C-20**: Completion of surveys where reliable results were not possible previously
Impact: See Mitigation Measures C-2 and C-4*
Performance Criteria, Violation Level, and Timing: See Mitigation Measures C-2 and C-4*
Effectiveness Criteria: See Mitigation Measures C-2 and C-4*
Effectiveness Timing: See Mitigation Measures C-2 and C-4*
Applicant Proposed Measure C-21**: Avoidance of sites where feasible
Impact: See Mitigation Measures C-3 and C-4
Performance Criteria, Violation Level, and Timing: See Mitigation Measures C-3 and C-4
Effectiveness Criteria: See Mitigation Measures C-3 and C-4
Effectiveness Timing: See Mitigation Measures C-3 and C-4
Applicant Proposed Measure C-22**: Significance assessment and data recovery excavations where necessary
Impact: See Mitigation Measures C-1, C-2, C-3, C-4, C-4*, C-5, C-6, and C-7
Performance Criteria, Violation Level, and Timing: See Mitigation Measures C-1, C-2, C-3, C-4, C-4*, C-5, C-6, and C-7
Effectiveness Criteria: See Mitigation Measures C-1, C-2, C-3, C-4, C-4*, C-5, C-6, and C-7
Effectiveness Timing: See Mitigation Measures C-1, C-2, C-3, C-4, C-4*, C-5, C-6, and C-7
Applicant Proposed Measure C-23**: Curation of recovered artifacts, and monitoring of excavation in sites and sensitive areas
Impact: See Mitigation Measure C-13
Performance Criteria, Violation Level, and Timing: See Mitigation Measure C-13
Effectiveness Criteria: See Mitigation Measure C-13
Effectiveness Timing: See Mitigation Measure C-13
Applicant Proposed Measure C-24**: Native American involvement in all phases of work related to prehistoric cultural resources.
Impact: See Mitigation Measures C-5, C-9 through C-17, and C-18
Performance Criteria, Violation Level, and Timing: See Mitigation Measures C-5, C-9 through C-17, and C-18
Performance Timing: See Mitigation Measures C-5, C-9 through C-17, and C-18
Effectiveness Criteria: See Mitigation Measures C-5, C-9 through C-17, and C-18
Effectiveness Timing: See Mitigation Measures C-5, C-9 through C-17, and C-18