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HomeMy Public PortalAbout4-5_CulturalResources.pdf4.5 CULTURAL RESOURCES 4.5-1 This section describes the existing conditions for cultural resources in the project site and evaluates the potential project-related impacts to such resources. This section also includes a discussion of potential cumulative impacts to cultural resources. The section was developed through background research and field surveys of the project site. Cultural resources are sites, buildings, structures, objects, and districts that may have traditional or cultural value for their historical significance. Cultural resources include a broad range of resources, examples of which include archaeological sites, historic roadways and railroad tracks, and buildings of architectural significance. Generally, for a cultural resource to be considered a historical resource (i.e. meets the criteria at Public Resource Code Section 21084.1), it must be 50 years or older.1 A. Regulatory Framework 1. Federal Laws and Regulations There are no Federal laws or regulations related to cultural resources that are relevant to the project site. 2. State Laws and Regulations a. California Environmental Quality Act The California Environmental Quality Act (CEQA) requires that effects to cultural resources be considered in the planning process for discretionary projects. Under the provisions of CEQA, a “project with an effect that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant effect on the environment.”2 Public 1 California Office of Historic Preservation, 1999:3, California Register and National Register: A Comparison. Technical Assistance Series No. 6. California Office of Historic Preservation, Sacramento. 2 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(b): Determining the Significance of Impacts on Historical and Unique Archaeological Resources TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-2 Resources Code Section 21084.1 defines a “historical resource” as a resource which meets one or more of the following criteria: ¤ Listed in, or eligible for listing in, the California Register of Historical Resources; ¤ Listed in a local register of historical resources (as defined at PRC Section 5020.1(k)); ¤ Identified as significant in a historical resource survey meeting the requirements of Section 5024.1(g) of the Public Resources Code; and ¤ Determined to be a historical resource by a project's lead agency (California Code of Regulations Title 14(3) Section 15064.5(a)) A historical resource consists of: “Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California…Generally, a resource shall be considered by the lead agency to be ‘historically significant’ if the resource meets the criteria for listing on the California Register of Historical Resources.”3 In accordance with CEQA Guidelines California Code of Regulations (CCR) Section 15064.5(b), a substantial adverse change in the significance of a historical resource is a significant effect on the environment. Under CEQA, paleontological resources are a subset of cultural resources and include fossil plants and animals, and evidence of past life such as trace fossils and tracks. 3 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(a): Determining the Significance of Impacts on Historical and Unique Archaeological Resources. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-3 The CEQA requires a Lead Agency to determine if an archaeological cultural resource meets the definition of a historical resource, a unique archaeological resource, or neither.4 Prior to considering potential impacts, the Lead Agency must determine whether an archaeological cultural resource meets the definition of a historical resource in CCR Section 15064.5(c)(1). If the archaeological cultural resource meets the definition of a historical resource, then it is treated like any other type of historical resource in accordance with CCR Section 15126.4. If the archaeological cultural resource does not meet the definition of a historical resource, then the lead agency determines if it meets the definition of a unique archaeological resource as defined at CEQA Section 21083.2(g). In practice, however, most archaeological sites that meet the definition of a unique archaeological resource will first meet the definition of a historical resource.5 Should the archaeological cultural resource meet the definition of a unique archaeological resource, then it must be treated in accordance with CEQA Section 21083.2. If the archaeological cultural resource does not meet the definition of a historical resource or an archaeological resource, then effects to the resource are not considered significant effects on the environment.6 b. California Public Resources Code California Public Resources Code Section 5097.5 prohibits excavation or removal of any “vertebrate paleontological site […] or any other archaeological, paleontological or historical feature, situated on public lands, 4 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(c): Determining the Significance of Impacts on Historical and Unique Archaeological Resources. 5 Bass, Ronald E., Albert I. Herson, and Kenneth M. Bogdan, 1999. CEQA Deskbook: A Step-by-Step Guide on how to Comply with the California Environmental Quality Act, Point Arena, California: Solano Press Books, page 105. 6 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(c)(4): Determining the Significance of Impacts to Archeological and Historical Resources. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-4 except with express permission of the public agency having jurisdiction over such lands.” Public lands are defined to include lands owned by or under the jurisdiction of the state or any city, county, district, authority, or public corporation, or any agency thereof. Section 5097.5 states that any unauthorized disturbance or removal of archaeological, historical, or paleontological materials or sites located on public lands is a misdemeanor. c. California Health and Safety Code California Health and Safety Code Section 7050.5 states that in the event of the discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains are discovered has determined whether or not the remains are subject to the coroner’s authority. If the human remains are of Native American origin, the coroner must notify the Native American Heritage Commission (NAHC) within 24 hours of this identification. The NAHC must identify a Native American Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. 3. Local Regulations and Policies a. Town of Truckee 2025 General Plan The Town of Truckee 2025 General Plan contains goals and policies that are relevant to the cultural resources. These goals and policies occur in the Community Character (CC) Element and are listed below in Table 4.5-1. B. Existing Conditions This section describes the cultural setting for the project site and its vicinity. The existing conditions were identified from a literature review, a records search at the North Central Information Center, and field surveys. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-5 TABLE 4.5-1 TRUCKEE GENERAL PLAN POLICIES PERTAINING TO CULTURAL RESOURCES Policy or Goal No. Goals and Policies Goal CC-18 Preserve and enhance the town’s historic and cultural resources. CC-P18.1 Require evaluation of impacts to historic resources for projects which involve substantial site disturbance, or demolition or alteration of known historic buildings. CC-P18.3 Encourage and cooperate with the private sector in the implementation of innovative strategies to preserve all of Truckee’s identified historic buildings and sites, including Native American and ethnic group sites. Preservation strategies could include by gift, establishment of private conservancies, and easements. CC-P18.5 Work with California State Parks, the Tahoe-Donner Recreation and Parks District, the Truckee Donner Historical Society, the Truckee Donner Land Trust and other entities to maintain and increase opportunities for public recreation and access to historic sites, including Native American and ethnic group sites. In the case of Native American sites, any increased access should be developed in close consultation with local tribes, and due respect accorded to the potential cultural or spiritual significance of these places. CC-P18.6 Support all efforts to document and preserve Truckee’s rich historic legacy, including its Native American and ethnic history, and to educate residents and visitors about the town’s historic buildings and sites. Goal CC-19 Identify and protect archaeological and paleontological resources that enrich our understanding of Truckee’s early history and the early cultures and environment of the region. CC-P19.1 As part of the development review process, require proper archaeological or paleontological surveying, testing, research, documentation, monitoring, and safe retrieval of archaeological and cultural resources. CC-P19.2 Require an archaeological survey by a qualified professional whenever there is evidence of an archaeological or paleontological site within a proposed project area, is determined to be a high likelihood for occurrence of such sites, or where a project involves substantial site disturbance. CC-P19.3 Consult with representatives of the Native American community whenever necessary to ensure the respectful treatment of Native American sacred places. Source: Town of Truckee 2025 General Plan. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-6 1. Culture History: Prehistory/Ethnography7 The archaeology of the region was first outlined by Heizer and Elsasser8 in their study of sites located in the Truckee Basin Martis Valley area. They identified two distinct prehistoric lifeways that are believed to have once characterized the area’s early occupants. Subsequent studies have further refined the cultural history of the region.9 Some of the oldest archaeological remains reported for the Tahoe Region have been found in the Truckee River Canyon near Squaw Valley. These Pre-Archaic remains suggest occupation approximately 9,000 years ago (Tahoe Reach Phase). Other Pre-Archaic to Early Archaic occupation dating from about 7,000 years ago was documented at Spooner Lake (Spooner Phase) near Spooner Summit overlooking Lake Tahoe. The most intensive period of occupation in the region may have occurred at varying intervals between 4,000 and 500 years ago (Martis Phases during the Early and Middle Archaic, and Early Kings Beach Phase during the Late Archaic). The proto-historic ancestors of the Washoe (Late Kings Beach Phase), also of Late Archaic times, may date roughly from 500 years ago to historic contact. The project area falls within the center of Washoe territory, with primary use by the northern Washoe. The Washoe themselves regard all "prehistoric" remains and sites within the Truckee Basin as associated with their own 7 The Culture History and History sections have been adapted from the 2007 Canyon Springs Subdivision Draft EIR, which was based on Melinda Peak’s, principal investigator and president of Peak and Associates, a cultural resources consulting firm, peer review of the study of the project site entitled, Tahoe Boca Estates Project, Heritage Resource Inventory Update prepared by Susan Lindström, Ph.D, in June 2003. The 2003 study was designed to update and check the prior 1989 study by Blossom Hamusek entitled, Archaeological Reconnaissance of Tahoe Boca Estates. See Appendix of this Draft EIR. 8 Heizer, Robert F. and Albert B. Elsasser, 1953. Some Archaeological Sites and Cultures of the Central Sierra Nevada. University of California Archaeological Survey Reports 12. Berkeley, California. 9 Hull, Kathleen L., 2007. The Sierra Nevada: Archaeology in the Range of Light. In California Prehistory: Colonization, Culture, and Complexity, edited by Terry L. Jones and Kathryn A. Klar, pp. 177-190. Altamira Press, Lanham, Maryland. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-7 history. In support of this contention, they point to the traditions of their neighbors (the Northern Paiute, California Indians, and non-Indian Americans), which include stories about migrations and movement, whereas those of the Washoe do not. The ethnographic record suggests that during the mild season small groups traveled through high mountain valleys collecting edible and medicinal roots, seeds, and marsh plants. In the higher elevations, men hunted large game (mountain sheep, deer) and trapped smaller mammals. The Truckee River and tributaries such as Martis Creek were important fisheries year-round. Suitable toolstone (such as basalt) was quarried at various locales in Martis Valley. The Washoe have a tradition of making long treks across the Sierran passes for the purpose of hunting, trading, and gathering acorns. These aboriginal trek routes, which followed game trails, are often the precursors of our historic and modern road systems. Archaeological evidence of these ancient subsistence activities are found along the mountain flanks as temporary small hunting camps containing flakes of stone and broken tools. In the high valleys more permanent base camps are represented by stone flakes, tools, grinding implements, and house depressions. While there was a tendency for groups to move from lower to higher elevations during the mild seasons, and to return to lower elevations the remainder of the year, a fixed seasonal round was not rigidly adhered to by all Washoe; some Washoe may have wintered in the Truckee Basin during milder seasons.10 While some Washoe trekked to distant places for desired resources, most groups circulated in the vicinity of their traditional habitation sites and appear to have been less compelled to cover large expanses of land in their subsistence pursuit than some other groups in the Great Basin. This was 10 D’Azevedo, Warren L., 1986. Washoe. In Great Basin, edited by Warren L. D’Azevedo, pp. 466-498. Handbook of North American Indians Vol. 11, William C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-8 due to the large variety of predictable resources close at hand.11 Their relatively rich environment afforded the Washoe a degree of isolation and independence from neighboring peoples and may account for their long tenure in their known area of historic occupation.12 The Washoe are part of an ancient Hokan-speaking residual population, which has been subsequently surrounded by Numic-speaking intruders, such as the Northern Paiute. Even into the 20th century, the Washoe were not completely displaced from their traditional lands. The contemporary Washoe have developed a Comprehensive Land Use Plan that includes goals of reestablishing a presence within the Tahoe Sierra and re-vitalizing Washoe heritage and cultural knowledge, including the harvest and care of traditional plant resources and the protection of traditional properties within the cultural landscape. 2. History of Truckee Area Logging first occurred in the Truckee-Donner to supply the needs of mining operations after the discovery of the Comstock Lode in l859. When mining production began to decrease in l867, the lumbering business also began to suffer. A new market for lumber was found in the Central Pacific Railroad (CPRR), which had been laying track toward Donner Pass since l864, greatly enhancing the fortunes of sawmills along its path. As the rails reached the summit in l866-67, a number of mills established operations in the Truckee Basin to supply cordwood for fuel, lumber for construction, and ties for the roadbed. Coburn's Station (Truckee) soon became one of the major lumbering centers. After the completion of the railroad in l868-69, lumber companies diversified and grew as new markets were opened to them. Truckee saw its most prosperous days during the brisk lumbering period from l868 through l880. In the 8 miles between Truckee and Boca alone, at least a dozen sawmills were active in l876. In 1881, the sharp decline of the 11 D’Azevedo, Warren L., 1986. Washoe. In Great Basin, edited by Warren L. D’Azevedo, pp. 466-498. Handbook of North American Indians Vol. 11, William C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. 12 D’Azevedo, Warren L., 1986. Washoe. In Great Basin, edited by Warren L. D’Azevedo, pp. 466-498. Handbook of North American Indians Vol. 11, William C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-9 silver output due to the final slump in Comstock ore production reduced sawmilling in the Truckee Basin. After l88l, lumbering in the Truckee River area proceeded at a slower and steadier rate, supplying the CPRR and other railroads, other mines, and the building and fuel needs of growing populations as far as the Wasatch Range in Utah. The period of lumbering in the Truckee Basin from l88l through l909 chronicled the final operations of seven of the nine big lumber operators, including the Pacific Lumber and Wood Company (PL&WC), which operated in the vicinity of the proposed project along Juniper Creek. During the final period of lumbering in the Truckee Basin, between l9l0 through l936, the last of the virgin pine forests were cleared and almost all the operators were taking some second growth timber. According to maps of Nevada County dating from 1880 and 1913, the PL&WC owned land adjoining the project area in the east half of Section 3. No ownership is shown on the 1880 map for the west half of the section, which encompasses the project site. The PL&WC centered their operations within the present-day Glenshire- Devonshire subdivision on Juniper Flat and up Juniper Creek. A narrow gauge railroad led to their mill site at Clinton (Camp l8 on the railroad and now known as Hirschdale). The mill of the PL&WC was established in l870 by G. N. Folsom and H. W. Bragg, although control subsequently passed to Fred Burchkhalter. In addition to the sawmill proper, it supported a full outfit of planers, lathes, and molding machines, and produced all kinds of dressed and planed lumber. As timber resources were depleted, the narrow gauge line was abandoned in l90l, and, shortly thereafter, the machinery at the Clinton mill was sold. It is possible that another small independent logging operation, centered near Union Mills (located about ½-mile north of the project site), may also have harvested timber in the project site. One smaller operator during the period l88l through l909, which may have logged closest to the project area, was the partnership of Stewart McKay and J. A. Stewart. According to a 1913 map of TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-10 Nevada County, Steward McKay owned property in Section 4, which adjoins the project site on the west. McKay and Stewart put up a new mill on their timberland near Union Mills in the spring of l89l. Six years later, Mr. McKay bought his partner's interest and moved the mill to Sardine Valley and began shipping lumber to Hobart Mills. A 1913 map of Nevada County indicates that the entire project site was once owned by the Union Ice Company. However, given the lack of sufficient water it is doubtful that ice was ever manufactured in the project site. From 1868 through the 1920s, ice harvesting was an important business in the Truckee area. Mergers of smaller ice companies formed powerful ice corporations that competed for the ice trade. California's growing major cities and the development of a relatively stable population pattern led to the market demand for ice. The Sierra Nevada ice industry developed greatly after the completion of the transcontinental railroad, and the main center of the industry was located on tributaries of the Truckee River and around Donner Pass. Sierra ice was noted for its crystal purity and it was proudly served in large hotels throughout the nation. Ice cooled the 140-degree temperatures deep in the shafts of the Comstock mines, and it proved essential for refrigerating California produce during rail shipment to the eastern markets. 3. Paleontological Setting The bedrock of the project area is Miocene and Pliocene (25 to 2 million years old) volcanic rock upon which younger Pleistocene (2 million to 10 thousand years old) glacial and alluvial deposits are deposited. Miocene to Pliocene volcanic rock forms the bedrock in and near the project site. These rocks comprise the andesite and basalt flows that are common in the region. Igneous rocks do not generally contain fossils and, therefore, are not paleontologically sensitive. Portions of the project area contain glacial and alluvial Pleistocene sedimentary deposits. These deposits are generally loose gravel, sand, silt, and TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-11 clay. Pleistocene alluvial deposits commonly contain vertebrate fossil resources, including mammoth, bison, horse, camel, ground sloth, saber- toothed cats, dire wolves, bear, rodents, birds, and reptiles. 4. Records Searches LSA Associates, Inc. (LSA) conducted a records search of the project site on May 24, 2011, at the North Central Information Center (NCIC) of the California Historical Resources Information System, Sacramento State University. The NCIC, an affiliate of the State of California Office of Historic Preservation, is the official State repository of cultural resource records and reports for Nevada County. Eight cultural resources are recorded in the project site: ¤ P-29-2838/CA-NEV-1760. A prehistoric archaeological site consisting of a lithic scatter comprising basalt and obsidian flaking debris and bifacial tools. ¤ P-29-2839/CA-NEV-1761. A prehistoric archaeological site consisting of lithic scatter comprising basalt and obsidian flaking debris and a bifacial tool. ¤ P-29-2840. An isolated prehistoric rose quartz projectile point. ¤ P-29-2841. An isolated prehistoric basalt projectile point. ¤ P-29-2842. An isolated prehistoric basalt waste flake. ¤ P-29-2843. An isolated prehistoric basalt waste flake. ¤ P-29-2844. An isolated historic olive green wine bottle. ¤ P-29-2845. An isolated prehistoric basalt biface. On June 1, 2011, staff of the University of California Museum of Paleontology (UCMP) conducted a fossil locality search of the project site and a two-mile radius to identify recorded paleontological resources (fossils) within and near the project site. No fossils have been recorded in the project site or immediate vicinity. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-12 5. Field Surveys Four previous cultural resources surveys have been conducted of the project site. In 1998, archaeologists with California State University, Chico, conducted a survey for the proposed Tahoe Boca Estates subdivision project.13 Eight prehistoric and historic-period resources were identified as a result of this survey (see bulleted resource descriptions above). In 1995, a Registered Professional Forester (RPF) conducted a cultural resources survey of 4,000 acres for a Timber Harvest Plan (THP) that included the proposed access road connecting Martis Peak Road with the project site.14 No cultural resources were identified within the access road portion of the proposed project. Another RPF THP cultural resources survey was conducted of approximately 15 acres in the southern portion of the project site in 1998.15 No cultural resources were identified as a result of the 1998 survey. In 2003, Susan Lindström conducted a cultural resources study for the proposed Tahoe Boca Estates subdivision project to update and confirm the findings of the 1998 survey completed for that project.16 Lindström conducted a field spot check of P-29-2838/CA-NEV-1760 and P-29-2839/CA-NEV-1761 and identified two previously unidentified isolated basalt waste flakes. LSA archaeologist, E. Timothy Jones, visited the project site on May 25, 2011, to identify the current conditions of prehistoric archaeological sites P- 29-2838/CA-NEV-1760 and P-29-2839/CA-NEV-1761 and update the findings 13 Hamusek, Blossom, 1989. Archaeological Reconnaissance of Tahoe Boca Estates, Nevada County, California. On file, NCIC Information Center, Sacramento State University. 14 Johnson, James P., 1995. Archaeological and Historical Resources Survey and Impact Assessment: A Supplemental Report for a Timber Harvesting Plan. On file, NCIC Information Center, Sacramento State University. 15 Houdyschell, William H., 1998. Archaeological and Historical Resources Survey and Impact Assessment: A Supplemental Report for a Timber Harvesting Plan. On file, NCIC Information Center, Sacramento State University. 16 Lindström, Susan, 2003. Tahoe Boca Estates Project, Heritage Resource Inventory Update, Truckee, California, Nevada County. On file, NCIC Information Center, Sacramento State University. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-13 of Hamusek and Lindström. A low- to moderate-density scatter of basalt waste flakes were identified at both sites, a single obsidian flake was identified at P-29-2838/CA-NEV-1760, and a possible basalt edge-modified flake tool was identified at P-29-2839/CA-NEV-1761. Both of these sites are in good condition and are as described by Hamusek and Lindström. In total, all of the aforementioned cultural resources surveys covered the entire area considered by the proposed project. C. Standards of Significance Cultural resource impacts associated with the project would be considered significant if they would: ¤ Cause a substantial adverse change in the significance of a historical resource as defined in CCR Section 15064.5. ¤ Cause a substantial adverse change in the significance of an archaeological resource pursuant to CCR Section 15064.5. ¤ Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. ¤ Disturb any human remains, including those interred outside of formal cemeteries. D. Impact Discussion The proposed project has the potential to impact cultural resources, as described below. a. Cause a substantial adverse change in the significance of a historical resource as defined in CCR Section 15064.5. No built environment historical resources were identified in the project site. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-14 Under CEQA, both prehistoric and historic-period archaeological sites may qualify as historical resources.17 Eight isolated archaeological cultural resources have been identified in the project site, as reported by Hamusek (1989) and Lindström (2003). These isolates do not meet any of the criteria for listing in the California Register of Historical Resources and no protection or mitigation of project impacts to these resources is required. Prehistoric archaeological sites P-29-2838/CA-NEV-1760 and P-29-2839/CA- NEV-1761 are considered historical resources for purposes of this project due to their ability to yield information important in prehistory.18 Although these sites are outside proposed building envelope areas, they could be impacted by the proposed project due to increased visitation and use of the area, including recreational activities such as hiking and biking as well as construction and/or maintenance of soft surface recreational trails. Under CEQA, a significant impact on the environment may occur when a substantial adverse change in the significance of a historical resource occurs. Such a change occurs when the significance of a resource is materially impaired by the demolition or material alteration of its significant qualities.19 The proposed project has the potential to materially impair the ability of P-29-2838/CA-NEV-1760 and P-29-2839/CA-NEV-1761 to convey their important information due to their disturbance (e.g. from illicit artifact collection and physical damage from recreational uses), which could result in a significant impact. Although the project site has been surveyed for archaeological sites, the potential for additional, previously unrecorded, sites exists. Archaeological sites are frequently buried under alluvium with little or no surface 17 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(c), Determining the Significance of Impacts on Historical and Unique Archaeological Resources. 18 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(a)(3)(D). 19 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(b): Determining the Significance of Impacts on Historical and Unique Archaeological Resources. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-15 manifestation, and could have been obscured during archaeological surface surveys. There is a potential, therefore, that project ground-disturbing activities could disturb previously unidentified archaeological sites that qualify as historical resources under CEQA. This could result in a significant impact. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5. Background research and archaeological field surveys identified archaeological isolates and two prehistoric archaeological sites in the project area, as described above. None of these isolates or sites qualify as “unique archaeological resources” as defined under CEQA.20 Therefore, the project’s impacts on archaeological resources would be less than significant. However, for purposes of CEQA,21 two of the prehistoric archaeological sites — P-29-2838/CA-NEV-1760 and P-29-2839/CA-NEV-1761 — are considered historical resources as described in Standards of Significance and Impact sections above. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Based on a fossil locality search conducted by the UCMP, no fossil localities have been recorded within 2 miles of the project site. Two fossils, however, have been identified near Boca Reservoir north of the project in Pleistocene sediments similar to those that underlie the project site. The Pleistocene sediments that underlie the project site have the potential to contain paleontological resources. Project ground-disturbing activities, such as site grading and trenching for utilities, have the potential to disturb significant paleontological resources. This could result in a potentially significant impact. 20 California Public Resources Code, Section 21083.2: Archaeological Resources. 21 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(c): Determining the Significance of Impacts on Historical and Unique Archaeological Resources. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-16 d. Disturb any human remains, including those interred outside of formal cemeteries. Human remains have not been identified in the project site. Native American skeletal remains, however, are commonly associated with prehistoric archaeological sites, and the possibility of buried remains in the project site cannot be discounted. Project ground-disturbing activities, such as site grading and trenching for utilities, have the potential to disturb human remains interred outside of formal cemeteries. Disturbance of unknown human remains would be a potentially significant impact. However, any human remains encountered during project ground-disturbing activities are required to be treated in accordance with California Health and Safety Code Section 7050.5. Procedures of conduct following the discovery of human remains have been mandated by Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98 and the California Code of Regulations Section 15064.5(e) (CEQA). According to the provisions in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. The Nevada County Coroner shall be notified immediately. The Coroner shall then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner shall notify the NAHC within 24 hours, who will, in turn, notify the person the NAHC identifies as the most likely descendent (MLD) of any human remains. Further actions shall be determined, in part, by the desires of the MLD. The MLD has 48 hours to make recommendations regarding the disposition of the remains following notification from the NAHC of the discovery. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the descendent may request mediation by the NAHC. Through implementation of mandatory regulatory procedures described above impacts to human remains would be less than significant and no mitigation measures are required. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-17 E. Cumulative Impacts This section analyzes potential impacts on cultural resources that could occur from a combination of the project with the Town buildout identified in the Town of Truckee 2025 General Plan and reasonably foreseeable projects in the surrounding area. The geographic scope of this analysis is taken as the Town of Truckee sphere of influence (SOI), as defined in the Town of Truckee 2025 General Plan and reasonably foreseeable projects in the surrounding area. Therefore, a cumulative impact would be considered significant if, taken together with past, present, and reasonably foreseeable projects in the Town of Truckee SOI and other reasonably foreseeable projects in the surrounding area, it would increase the density of the area and may further threaten significant cultural resources in the vicinity. Professional archeologists generally recognize that population growth increases the probability for vandalism and other purposeful as well as inadvertent acts that destroy significant archeological resources. Impacts to cultural resources tend to be site-specific and are assessed on a site-by-site basis. The significance of the impacts would depend largely on what, if any, cultural resources occur on or near the sites of the projects that would occur through the Town buildout identified in the Town of Truckee 2025 General Plan and reasonably foreseeable projects in the surrounding area, and the importance or historical significance of those resources. The extent of the cultural resources (if any) that occur at the other sites of the other project sites is unknown, and thus, it is not known whether any of the related projects would result in significant impacts to cultural resources. However, similar to the proposed project, such determinations would be made on a case-by-case basis and, if necessary, the applicants of the related projects would be required to implement the appropriate mitigation measures. Thus, given that the proposed project’s cultural resources impacts can be mitigated to a less than significant level, the proposed project’s impacts to cultural resources would not be cumulatively considerable. Therefore, cumulative impacts to cultural resources would be less than significant and no mitigation measures are required. TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-18 F. Impacts and Mitigation Measures The proposed project could significantly impact archaeological sites, and paleontological resources. Mitigation measures for these impacts are provided below. Impact CULT-1: Increased use of the project site and project ground- disturbing activities could have significant impacts on prehistoric archaeological deposits that qualify as “historical resources” under CEQA. Mitigation Measure CULT-1a: All surface remains from prehistoric sites P-29-2838/CA-NEV-1760 and P-29-2839/CA-NEV-1761 shall be collected, analyzed, and reported upon, leaving potential subsurface archaeological deposits intact and undisturbed. Additional study at both sites shall be conducted, including the following activities: ¤ Field artifact technical analysis prior to project ground-disturbing activities; ¤ 100 percent collection of all surface artifacts; ¤ Submittal of a small representative sample of collected artifacts for basalt sourcing analysis; and ¤ Completion of a catalog of items collected and preparation of a brief report presenting findings of the lithics analysis. The final report and catalog shall be submitted to the NCIC; artifacts collected from these sites shall be curated in an appropriate facility to allow for future research and public interpretation of the collection. Prehistoric sites P-29-2838/CA-NEV-1760 and P-29-2839/CA-NEV-1761 shall remain within protected open-space areas to avoid impacts from ground-disturbing activities. During project construction, a protective buffer shall be maintained by installing temporary fencing around each TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-19 site; this activity shall be directed by a professional archaeologist. Fencing shall be removed after project ground-disturbing activities cease. The Town shall be responsible for ensuring that the stipulations of Mitigation Measure CULT-1a are completed. The applicant shall be responsible for funding implementation of this mitigation measure. Mitigation Measure CULT-1b: In the event that archaeological materials are discovered during project activities, the applicant shall inform its contractor(s) of the archaeological sensitivity of the project site by including the following italicized measures in contract documents. The Town shall verify that the following language is included in the appropriate contract documents: “If prehistoric or historical archaeological deposits are discovered during project activities, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations regarding the treatment of the discovery. Project personnel shall not collect or move any archaeological materials or human remains and associated materials. Archaeological resources can include flaked-stone tools (e.g. projectile points, knives, choppers) or obsidian, chert, basalt, or quartzite toolmaking debris; bone tools; culturally darkened soil (i.e. midden soil often containing heat- affected rock, ash and charcoal, shellfish remains, faunal bones, and cultural materials); and stone-milling equipment (e.g. mortars, pestles, handstones). Prehistoric archaeological sites often contain human remains. Historical materials can include wood, stone, concrete, or adobe footings, walls, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, metal, and other refuse.” Significance After Mitigation: Less than significant Impact CULT-2: Pleistocene sediments underlie the project site and have the potential to contain paleontological resources. Should project ground- disturbing activities encounter such resources, a substantial adverse change in TOWN OF TRUCKEE CANYON SPRINGS DRAFT EIR CULTURAL RESOURCES 4.5-20 their significance (e.g. their disturbance or destruction) would constitute a significant impact under CEQA. Mitigation Measure CULT-2: In the event that fossils are discovered during project activities, the applicant shall inform its contractor(s) of the paleontological sensitivity of the project site by including the following italicized language in contract documents. The Town shall verify that the following language is included in the appropriate contract documents: “The subsurface at the construction site may be sensitive for paleontological resources. If paleontological resources are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Paleontological resources include fossil plants and animals, and such trace fossil evidence of past life as tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Paleontological resources also include plant imprints, petrified wood, and animal tracks.” Significance After Mitigation: Less than significant