Table of Contents J.3 Cultural Resources - Paleontological Resources

Transcription

1 Table of Contents J.3 Cultural Resources - Paleontological Resources 1. INTRODUCTION ENVIRONMENTAL SETTING a. Regulatory Setting (1) State (2) Local b. Site Conditions (1) Upper Topanga Formation (2) Younger Alluvium (3) Artificial Fill ENVIRONMENTAL IMPACTS a. Methodology b. Thresholds of Significance c. Project Design Features d. Project Impacts (1) Construction (2) Operations (3) Impacts Under the No Annexation Scenario CUMULATIVE IMPACTS PROJECT DESIGN FEATURES AND MITIGATION MEASURES a. Project Design Features b. Mitigation Measures LEVEL OF SIGNIFICANCE AFTER MITIGATION Page i

2 Table of Contents List of Figures 204 Surface Geologic and Paleontologic Resource Sensitivity Map Page ii

3 IV. Environmental Impact Analysis J.3 Cultural Resources - Paleontological Resources 1. Introduction The following section is based on the paleontological resources technical report, Paleontologic Resource Inventory/Impact Assessment Technical Report, 314 Universal City, Los Angeles, California, prepared by Paleo Environmental Associates, Inc. (PEAI), March 2010, for the proposed Project. The full text of the report is included as Technical Appendix L-2 to this Draft EIR. 2. Environmental Setting a. Regulatory Setting (1) State California Public Resources Code Sections and (CEQA Statute), as well as California Code of Regulations Section (CEQA Guidelines), are the basic guidelines for addressing effects on cultural resources, including paleontological resources. Paleontological resources include fossil remains, fossil sites, associated specimen data and corresponding geologic and geographic site data, and the fossil bearing strata. 314 The confidential paleontological resources technical report is also included as Appendix E to the NBC Universal Evolution Plan: Cultural Resource and Paleontological Studies, Universal City, Los Angeles, California, March 2010, prepared by Statistical Research, Inc., for the proposed Project, as previously referenced in Section IV.J.2, Archaeological Resources, of this Draft EIR. Page 1666

4 (2) Local City guidelines for the protection of paleontological resources are specified in Section 3 of the General Plan Conservation Element. As stated therein, it is the policy of the that the City's paleontological resources be protected for historical, cultural research and/or educational purposes. Section 3 mandates the identification and protection of significant paleontological sites and/or resources known to exist or that are identified during land development, demolition, or property modification activities. The County of Los Angeles General Plan contains goals and policies regarding paleontological resources. The Conservation and Open Space Element of the General Plan establishes the goals of preserving and protecting sites of historical, archaeological and scientific value, and defines the following policies relative to paleontological resources: protect cultural heritage resources including historical, archaeological, paleontological and geological sites; encourage public use of cultural heritage sites consistent with the protection of these resources; promote public awareness of cultural resources; and, encourage private owners to protect cultural heritage resources. b. Site Conditions Paleontology, the study of fossils, the remains of ancient life forms, requires an understanding of geology and the formation and composition of various rock units. Because fossil sites frequently occur below the surface, a determination of the potential for important fossil remains being found on a property often depends on an understanding of the geology of the property and the surrounding area. The determination of this potential is usually based on the fossil remains previously recorded from the rock unit at or near the property. Paleontological resources of the Project Site include rock units that immediately underlie the surface and have a potential for yielding particular types of fossil remains because they have yielded similar fossil remains at previously recorded fossil sites at or near the Project Site. Fossils are a very important scientific resource because of their use in: (1) documenting the evolution of particular groups of organisms, (2) reconstructing the environments in which they lived, and (3) in determining the ages of the fossil-bearing strata in which they occur and of the geologic events that resulted in the deposition of the sediments constituting these strata. The Project Site is located in the southern San Fernando Valley and lies in the western Transverse Ranges Province, where major linear geographic features (mountains, valleys) and the underlying geologic structures (faults, folds) trend mostly in an east-west direction. Geologic mapping of the area indicates that the Project Site is underlain by two late Cenozoic rock units, including the middle Miocene, marine Upper Topanga Formation, Page 1667

5 which underlies the slopes constituting the southern portion of the Project Site, and Holocene younger alluvium, which unconformably overlies the Upper Topanga Formation and underlies the flat-lying valley floor area in the northern portion of the Project Site, as well as the floors of the contiguous canyons. A surficial geologic map of the Project Site is included as Figure 204 on page The following is a summary of the rock units that underlie the Project Site and are of particular importance with regard to paleontological resources. Additional information regarding on-site geologic conditions is presented in Section IV.F, Geotechnical, of this Draft EIR. (1) Upper Topanga Formation The Upper Topanga Formation, the oldest rock unit at the Project Site, is middle Miocene (circa 12 to 15 million years) in age. This formation consists mostly of gray clay shale or claystone layers interbedded with layers of gray to tan sandstone. A number of fossil sites have been mapped in the Upper Topanga Formation on the slopes of Cahuenga Peak, west of Cahuenga Pass and at the Universal City Metro Red Line Station. The fossilized remains recovered at these sites include the tests of extinct species of marine microfossils, the shells of 14 extinct species of marine mollusks (snails and clams), the scales and partial and complete skeletons of as many as 14 extinct species of marine fish, the lower jaw of the very rare desmostylid genus Palaeoparadoxia (extinct sirenian-like marine mammal), and the wood of a land plant. A microfossil-bearing sample of the Upper Topanga Formation yielded microfossils representing at least 13 marine foraminifera (shelled amoeba) and calcareous nanoplankton species. 315,316 With the exception of the mollusk and desmostylid specimens, all of these remains were recovered as part of the impact mitigation program that was conducted in support of construction of the Universal City Metro Red Line Station. No previously recorded site was documented as occurring at the Project Site where underlain by the Upper Topanga Formation as result of the literature review or archival search conducted for this analysis. However, one fossil site, discovered as a result of the field survey, yielded the remains of a marine alga (seaweed). 315 Lander, E.B Los Angeles Metro Red Line Project Segments 2 and 3, paleontologic resource impact mitigation program final technical report of findings. Los Angeles County Metropolitan Transportation Authority. 316 Micropaleo Consultants, Inc Micropaleontology report, Paleoenvironmental Associates Metrorail samples, Los Angeles Basin. Project (M). Appendix S in Lander, E.B Los Angeles Metro Red Line Project Segments 2 and 3, paleontologic resource impact mitigation program final technical report of findings. Los Angeles County Metropolitan Transportation Authority. Page 1668

6 PEAI LEO ENVIRONMENTAL ASSOCIATES Qa Qa Qa Ttu Ttu Ttu Qa Qa Qa Ttu Qa Ttu N scale: 0.25 mile Ttu Qa contour interval: 10/40 feet universal map-eir.cdr EXPLANATION Qa Ttu younger alluvium (Holocene, continental) (high sensitivity at depth, low sensitivity at and near surface) Upper Topanga Formation (middle Miocene, continental) (high sensitivity) geologic contact Note: Location of the newly recorded fossil site in the Upper Topanga Formation is confidential. A graphic showing the actual location is on file at the Planning Department, 200 North Spring Street, Los Angeles, California and is available for review by accredited paleontological professionals. Source: Paleo Environmental Associates, Page 1669 Figure 204 Surface Geologic and Paleontologic Resource Sensitivity Map

7 The fossil remains from the Upper Topanga Formation are scientifically highly important because they represent new or rare taxa, temporal and/or geographic range extensions for their respective taxa, and have been useful in refining the age of the formation and reconstruction of its depositional environment. These nearby previously recorded fossil occurrences, as well as the occurrence of the one newly recorded fossil site at the Project Site, suggest that there is a high potential for additional similar, scientifically highly important fossil remains being encountered at previously unrecorded fossil sites by earth-moving activities where the Project Site is underlain by the Upper Topanga Formation. (2) Younger Alluvium The younger alluvium unconformably overlies the Upper Topanga Formation and underlies the flat-lying valley floor area in the northern portion of the Project Site, as well as the floors of the contiguous canyons. The younger alluvium consists mostly of unconsolidated clay, sand, and gravel. No previously recorded paleontological site was documented as occurring at the Project Site where underlain by younger alluvium as a result of the field survey, literature review, or archival search conducted for this analysis. However, numerous fossil remains were recovered from the lower 5 to 10 feet of the younger alluvium at depths approximately 45 to 60 feet below previous grade during construction of the nearby Universal City Metro Red Line Station. These remains include valves representing two species of fresh-water ostracods (bivalved crustaceans); shells representing seven species of non-marine mollusks, including floater and ridgedbeak pear clams, and dusky, ash, physa, Mexican rams-horn, and waxy tightcoil snails; bones and teeth of sticklebacks (fresh-water fishes), tree and bull frogs, garter and black-headed snakes, alligator and side-blotched lizards, birds, shrews, cottontails, pocket gophers, pocket and deer mice, kangaroo rats, and voles; spores of clubmosses, peat moss, ferns, and pine trees; pollen of goosefeet, dandelions, sunflowers, Mormon tea, and buckwheat; and the logs of cottonwood trees. 317,318 Carbon-14 dating analysis of the logs indicates that the lower 10 feet of the younger alluvium is early Holocene in age. Additional fossilized wood was recovered from a depth of 12 feet below previous grade at the North Hollywood Metro Red Line Station. 317 Lander, E.B Los Angeles Metro Red Line Project Segments 2 and 3, paleontologic resource impact mitigation program final technical report of findings. Los Angeles County Metropolitan Transportation Authority. 318 Micropaleo Consultants, Inc., Micropaleontology Report, Paleoenvironmental Associates Metrorail Samples, Los Angeles Basin. Project (M). Appendix S in Lander, E.B Los Angeles Metro Red Line Project Segments 2 and 3, paleontologic resource impact mitigation program final technical report of findings. Los Angeles County Metropolitan Transportation Authority. Page 1670

8 The fossil specimens from the younger alluvium at the Universal City Metro Red Line Station are scientifically highly important because they represent the only such fossil occurrence of Holocene age reported from the San Fernando Valley. The occurrence represents a taxonomically relatively large and diverse assemblage of associated microfossil, land plant, non-marine invertebrate and continental vertebrate species, and has been critical in documenting and refining previous estimates regarding the age of the rock unit and in reconstructing the depositional paleoenvironments and paleoclimates represented by its sediments. These previously recorded fossil occurrences suggest that there is a high potential for additional similar, scientifically highly important fossil remains being encountered at previously unrecorded fossil sites by earth moving activities at depths at least 12 feet below current grade where the Project Site is underlain by the younger alluvium. At depths less than about 12 feet below current grade there probably is only a low potential for fossil remains being encountered by earth moving activities at such shallow depths, where the younger alluvium is probably too young to contain remains old enough to be considered fossilized. (3) Artificial Fill Heavily disturbed areas are those where previous grading has occurred and/or substantial mantles of artificial fill have been emplaced. Heavily disturbed areas include the sites of large buildings and man-made water features, a closed on-site landfill, as well as areas underlain by artificial (engineered), buttress, or non-engineered fill. Areas of previous disturbance are all classified as having a very low potential for containing fossil remains because the integrity of any shallow fossil site would have been destroyed by grading and the fossil remains displaced from their original geologic context. On-site areas of artificial fill are located in the northern portion of the Studio Area, the eastern and western portions of the Entertainment Area, as well as large portions of the Mixed-Use Residential Area. The closed on-site landfill is located in the northern portion of the Entertainment Area. 3. Environmental Impacts a. Methodology Geologic maps and reports were reviewed to determine the rock units exposed at the Project Site, particularly those known to be fossiliferous, and to determine their respective areal distributions at the Project Site. Published and unpublished geologic and paleontological literature was reviewed to document the number and locations of previously recorded fossil sites at and/or near the Project Site from the Upper Topanga Formation and younger alluvium, and the types of fossil remains the rock unit has produced locally. The Page 1671

9 literature review was supplemented by an archival search conducted at the Natural History Museum of Los Angeles County Vertebrate Paleontology Department for additional information regarding the occurrences of fossil sites and remains at and/or near the Project Site. A field survey of the Project Site was conducted to determine the condition of any previously recorded site, to document the presence of any previously unrecorded fossil site, and to substantiate the presence of strata suitable for containing fossil remains. The on-site field examination was performed by a qualified paleontologist in compliance with Society of Vertebrate Paleontology guidelines for assessing the scientific importance of the paleontological resources in an area of potential environmental effect. Using this information, as well as that regarding fossil remains previously recorded from the rock units at and/or near the Project Site, stratigraphic and paleontological data were compiled to develop a baseline paleontological resource inventory of the Project Site by rock unit. This inventory was used to assess the potential paleontological productivity and the paleontological or scientific importance of each rock unit. The paleontological significance (high, moderate, low, none, undetermined) of the potential adverse impacts of earthmoving activities on the paleontological resources of each rock unit at the Project Site was assessed and reflects the paleontological or scientific importance and the corresponding impact sensitivity of the rock unit, which, in turn, primarily reflects the potential for fossil remains and fossil sites being encountered by these activities. This method of impact assessment is most appropriate to an aerial paleontological resource investigation of the Project Site because discrete levels of paleontological resource impact sensitivity or significance can be delineated on a topographic or surficial geologic map of the Project Site, as shown on Figure 204 on page The paleontological resource impact sensitivity assessment of the Project Site, including the criteria for establishing the potential paleontological productivity and importance of a rock unit exposed in a specific area of the Project Site is discussed in detail in the technical study, as presented in confidential Appendix L-2 of this Draft EIR. b. Thresholds of Significance The CEQA Thresholds Guide (2006, p. D.1-3), states that the determination of the significance of paleontological impacts shall be made on a case-bycase basis, considering the following factors: (1) Whether, or the degree to which, the project might result in the permanent loss of, or loss of access to, a paleontological resource; and (2) Whether the paleontological resource is of regional or statewide significance. Page 1672

10 Based on these factors, the Project would have a significant impact on paleontological resources, if: The Project would result in the permanent loss of, or loss of access to, a paleontological resource of regional or statewide significance. c. Project Design Features No project design features are proposed with regard to paleontological resources. d. Project Impacts There is a potential for adverse environmental impacts on the paleontological resources of the Upper Topanga Formation and, at depths greater than 12 feet below current grade, the Holocene younger alluvium as a result of earth-moving activities and unauthorized fossil collecting at the Project Site. Specific impacts are discussed in their respective subsections below. (1) Construction The types and numbers of fossil specimens at the Project Site cannot be accurately predicted until such time as earth-moving activities actually occur. Thus, the potential for important fossil remains occurring at the Project Site must be predicted by past discoveries of such remains in the same rock units as those present in other nearby areas. Project development could affect as-yet unrecorded fossil sites and remains during the construction period for the proposed Project through surface disruption or excavation, which could affect existing, but as-yet undiscovered fossil sites. Direct impacts would result mostly from earth-moving activities, particularly grading for roadways and building pads, and excavation for basement structures and pipelines in previously undisturbed strata. Direct impacts also would result from any earth-moving activity that buried previously undisturbed strata, making the strata and their paleontological resources unavailable for future scientific investigation. Although earth-moving activities would be comparatively short term, the possible accompanying loss of some fossil remains, unrecorded fossil sites, associated specimen data and corresponding geologic and geographic site data, and the fossil-bearing strata would be considered a significant adverse environmental impact. These impacts would be limited to areas of proposed development at the Project Site. Easier access to fresh exposures of fossiliferous strata and the accompanying potential for unauthorized fossil collecting by construction personnel, rock hounds, and amateur and commercial fossil collectors could result in the loss of additional fossil remains, unrecorded fossil sites, and associated specimen data and Page 1673

11 corresponding geologic and geographic site data. However, as discussed in greater detail below for the specific rock units present at the Project Site, recommended mitigation measures identified in this Section of the Draft EIR would reduce any such potential impact on the paleontological resources of the Project Site to a less than significant level. (a) Upper Topanga Formation The Upper Topanga Formation has yielded fossil remains at a number of previously recorded fossil sites near the Project Site, including at the Universal City Metro Red Line Station, and at one newly recorded fossil site at the Project Site. Therefore, there is probably a high potential for the loss of scientifically important fossil remains, unrecorded fossil sites, and associated specimen data and corresponding geologic and geographic site data as a result of earth-moving activities and unauthorized fossil collecting in the proposed development area of the Project Site. Identifiable fossil remains recovered from the Upper Topanga Formation would be particularly important if they represented a new or rare species; geologic (temporal) and/or geographic range extension; new taxonomic record for the rock unit; age-diagnostic species; and/or a skeletal element different from, or a specimen more complete than, those now available for their respective species. The previously recorded fossil occurrences also suggest that there is a potential for encountering marine plant and vertebrate and invertebrate remains representing species rarely, if ever, recorded from the rock unit or the immediate Project Site vicinity. The recovery of remains representing age-diagnostic species would be critical in refining previous estimates regarding the geologic age of the rock unit, whereas the remains of environmentally sensitive species would be critical in paleoenvironmental and habitat reconstruction. Moreover, the remains would contribute to a more comprehensive documentation of the diversity of the plant and animal life that existed at and near the Project Site during the middle Miocene Epoch. Finally, marine vertebrate remains also are scientifically highly important because such remains, particularly those of marine mammals, are comparatively very rare in the fossil record. There is a potential for adverse environmental impacts on the paleontological resources of the Upper Topanga Formation as a direct result of earth-moving activities and the accompanying potential for unauthorized fossil collecting at the Project Site. These impacts would result in the permanent loss of, or loss of access to, a paleontological resource of regional or statewide significance. For this reason, adverse impacts on the paleontological resources of the Upper Topanga Formation that would result from earthmoving activities at the Project Site would be considered significant if not mitigated. Implementation of the recommended mitigation measures identified below would reduce potential impacts to a less than significant level. Therefore, the proposed Project would not result in the permanent loss of, or loss of access to a paleontological resource of regional Page 1674

12 or statewide significance if the recommended mitigation measures were implemented in areas of the Project Site underlain by the Upper Topanga Formation. (b) Younger Alluvium The younger alluvium has yielded fossil remains at the Universal City and North Hollywood Metro Red Line stations at depths 12 to 60 feet below previous grade. Therefore, there probably is a high potential for the loss of scientifically important fossil remains, unrecorded fossil sites, and associated specimen data and corresponding geologic and geographic site data from the Project Site as a result of earth-moving activities and unauthorized fossil collecting in the proposed development at the Project Site at depths greater than 12 feet below current grade. Identifiable fossil remains recovered from the younger alluvium would be particularly important if they represented a new or rare species; geologic (temporal) and/or geographic range extension; new taxonomic record for the rock unit; age-diagnostic species; and/or a skeletal element different from, or a specimen more complete than, those now available for their respective species. The previously recorded fossil occurrences also suggest that there is a potential for encountering large-bodied land mammal remains representing species rarely if ever recorded from the rock unit or the immediate Project Site vicinity. The remains would also be useful in paleoenvironmental reconstruction. Carbon-14 dating analysis would be critical in refining previous estimates regarding the geologic age of the rock unit. As such, the remains would contribute to a more comprehensive documentation of the diversity of plant and animal life that existed at and near the Project Site during the Holocene Epoch. In addition, land plant and continental vertebrate and invertebrate remains also are scientifically highly important because such remains, particularly those of land mammals, are comparatively very rare in the fossil record. At depths less than 12 feet below current grade, there is only a low potential for fossil remains being encountered by earth-moving activities at the Project Site. At such shallow depths, the younger alluvium is probably too young in terms of geologic age to contain remains old enough to be considered fossilized. For this reason, potential impacts on paleontological resources in the younger alluvium from earth-moving activities at the Project Site at depths less than 12 feet below current grade would be considered to be less than significant. Adverse environmental impacts on the paleontological resources of the younger alluvium that would result from earth moving activities at depths greater than 12 feet below current grade at the Project Site would be considered significant if not mitigated. The recommended mitigation measures identified below specifically identify grading and other earth-moving activities to be monitored in areas underlain by younger alluvium, thereby Page 1675

13 reducing potential impacts to a less than significant level. Therefore, the proposed Project would not result in the permanent loss of, or loss of access to a paleontological resource of regional or statewide significance if the recommended mitigation measures were implemented in areas of the Project Site underlain by the younger alluvium. (c) Artificial Fill Artificially filled areas underlain by engineered and non-engineered fill, buttress fill, and a closed on-site landfill have no potential for yielding any scientifically important fossil remains. Any such remains in the artificial fill would have been removed from their original geologic context. Therefore, monitoring would not be required in any area underlain by artificial fill. Consequently, in areas of the proposed Project Site underlain by artificial fill, the proposed Project would not result in the permanent loss of, or loss of access to, a paleontological resource of regional or statewide significance. (2) Operations Operational aspects of the proposed Project would not require any earth-moving activity that would disturb previously undisturbed strata and, therefore, would not result in the permanent loss of, or loss of access to, a paleontological resource of regional or statewide significance. Therefore, no operational impact on paleontological resources would occur. As discussed above, paleontological resources are impacted primarily during the construction phase of a project. (3) Impacts Under the No Annexation Scenario The proposed annexation/detachment of areas between the and County of Los Angeles would not alter the potential for fossil remains being encountered at the Project Site because this potential is independent of jurisdictional boundaries. As such, potential impacts would remain the same as those identified above and implementation of the recommended mitigation measures would still reduce these impacts to a less than significant level even if the proposed annexation/detachment were implemented. 4. Cumulative Impacts Cumulative impacts on paleontological resources result when the same rock unit and its fossil remains at two or more project sites become unavailable for study by scientists. However, impacts can be mitigated by avoiding areas with important resources or by proper salvaging and monitoring activities before and during construction. Page 1676

14 Development of the Project Site, in combination with past developments and with the future development of other projects identified in Section III.B of this Draft EIR, could contribute to the progressive loss of paleontological resources. The geographic scope of the area affected by potential cumulative paleontological impacts would consist of other areas in the region that are underlain by the Upper Topanga Formation. Development of the Project Site, in combination with the other projects in the region that are underlain by the Upper Topanga Formation could lead to the progressive loss of fossil-bearing strata in this rock unit that could be prospected for fossil remains and as-yet unrecorded fossil sites and remains. There would be no cumulative impact on the paleontological resources of the younger alluvium because fossil-bearing strata occur only in the subsurface and would not be available for prospecting without development. The magnitude of cumulative impacts is difficult to determine because the existence and importance of as-yet undiscovered fossil remains cannot always be predicted with certainty. In addition, the Project's share of the potential cumulative impact (in terms of acreage of undeveloped land) represents a very small percentage of the remaining undeveloped exposures of the Upper Topanga Formation. Nevertheless, it is likely that regional development as a whole would cumulatively impact undiscovered fossil sites and remains in the Upper Topanga Formation through disruption by grading and excavation and by reducing future access. The cumulative impact of the proposed Project together with all other regional developments would be reduced to a less than significant level through implementation of statutory requirements, and by implementing site-specific mitigation measures required by responsible agencies entrusted with protecting paleontological resources. Such measures have been identified in this Draft EIR, and similar mitigation measures have been implemented for past projects in the surrounding area. With implementation of the listed mitigation measures, important fossil remains would be recovered for future study. Therefore, cumulative impacts on paleontological resources would be less than significant. 5. Project Design Features and Mitigation Measures a. Project Design Features No project design features are proposed with regard to paleontological resources. b. Mitigation Measures The following measures comprise a paleontological resource impact mitigation program that would substantially reduce the direct and indirect adverse environmental impacts on paleontological resources to a less than significant level. Implementation of the Page 1677

15 recommended mitigation program would also result in potentially beneficial effects by allowing for the recovery and preservation of scientifically important fossil remains and the recording of associated data. Development activities resulting in the exposure of fossilbearing strata would allow for the potential discovery of unrecorded fossil sites and the potential recovery of some scientifically highly important fossil remains that otherwise may not otherwise have become exposed without these earth-moving activities. Moreover, these remains, if any, would be preserved in a museum repository, where associated specimen data and corresponding geologic and geographic site data would be archived, and where the remains and data would be made available to qualified scientific investigators for future study. In addition, there is the potential that some of these remains would provide additional specimens, resulting in a more complete record, complementing those now available for their respective species. Finally, these remains, if any, would provide a more comprehensive paleontological resource inventory of the Project Site and vicinity than is now available or would have been available without development of the Project Site. The mitigation measures set forth below are designed to ensure that should any fossil remains be encountered or uncovered by earth-moving activities, specific construction practices would be implemented allowing for the rapid recovery of fossil remains and for the recording of associated specimen and site data, and, if necessary, diverting the earth-moving activities temporarily around any newly discovered fossil site until the remains had been removed by a monitor. Mitigation Measure J.3-1: The services of a qualified paleontologist approved by the City or County of Los Angeles, as applicable, and the Los Angeles County Natural History Museum Vertebrate Paleontology Department shall be retained prior to earth-moving activities associated with construction in a particular development area or with a particular development phase. Prior to these earth-moving activities, the paleontologist shall develop a site-specific mitigation plan to be implemented in support of the activities in the particular development area or during a particular development phase. The plan shall specify the level and types of mitigation efforts as set forth below, based on the types and depths of any earth-moving activity and the rock unit in which the activity would be conducted. Mitigation Measure J.3-2: Earth-moving activities shall be monitored by the paleontologist or a monitor only in those areas of the Project Site where these activities would disturb previously undisturbed strata. Monitoring shall be conducted on a full-time basis in areas underlain by the Upper Topanga Formation and at depths greater than 10 feet below current grade in areas underlain by younger alluvium. If no fossil remains are found once 50 percent of earth-moving activities Page 1678

16 have been completed in an area underlain by one or the other rock unit, monitoring can be reduced or suspended in the remainder of that area following approval from the City or County of Los Angeles, as applicable. Monitoring shall consist of visually inspecting debris piles and freshly exposed strata for larger fossil remains, and periodically dry test screening sediment, rock, and debris for smaller fossil remains. As soon as practicable, the monitor shall recover all vertebrate fossil specimens, a representative sample of invertebrate or plant fossils, or any fossiliferous rock sample that can be recovered easily. If recovery of a large or unusually productive fossil occurrence is warranted, earth-moving activities shall be diverted temporarily around the fossil site and a recovery crew shall be mobilized as necessary to remove the occurrence as quickly as possible. If the paleontologist or monitor is not on site when a fossil occurrence is uncovered by these activities, the activities shall be diverted temporarily around the fossil site and the monitor called to the site to evaluate and, if warranted, remove the occurrence. If the fossil site is determined by the paleontologist or monitor to be too unproductive or the fossil remains not worthy of recovery, no further action shall be taken to preserve the fossil site or remains, and earthmoving activities shall be allowed to proceed through the site immediately. The location and proper geologic context of any fossil occurrence shall be documented, as appropriate. As part of the monitoring effort, rock or sediment samples of the Upper Topanga Formation and younger alluvium shall be collected from each construction site and processed to allow for the recovery of smaller fossil remains. The total weight of all processed samples from either rock unit at each construction site shall not exceed 6,000 pounds (12,000 pounds total). The results of processing 250-pound test samples shall be used by the paleontologist or monitor in determining how much of the remainder of the total collected shall be processed. More of the samples or more of each sample shall be processed if the recovered remains are sufficiently common (at least 4-5 identifiable specimens per test sample), generally identifiable to genus or species level, and represent a taxonomically diverse faunal assemblage. With the development of each successive construction site, the paleontologist or monitor may specify that less than 6,000 pounds shall be processed, based on the amount of excavation and other earth-moving activities that would occur in areas underlain by either rock unit, and on the results of processing samples from the same rock unit at previous construction sites. Page 1679

17 Unless potentially fossilized remains are discovered at or near the surface, no paleontological monitoring of earth-moving activities in the younger alluvium shall be conducted at depths less than 10 feet below current grade, and no sample shall be collected or processed. Mitigation Measure J.3-3: Before the mitigation program begins, the paleontologist or monitor shall coordinate with the appropriate construction contractor personnel to provide information regarding City or County of Los Angeles requirements, as applicable, for the protection of paleontological resources. Contractor personnel shall be briefed on procedures to be followed in the event that fossil remains and a previously unrecorded fossil site are encountered by earth-moving activities, particularly when the monitor is not on site. The briefing shall be presented to new contractor personnel as necessary. Names and telephone numbers of the monitor and other appropriate mitigation program personnel shall be provided to appropriate contractor personnel. The Project's construction superintendent shall be instructed by the paleontologist or monitor regarding the identification of conditions whereby potential paleontological resources could occur. The construction superintendent shall be sufficiently informed that he/she will be able to recognize when fossil remains have been uncovered and require that grading be temporarily diverted around the fossil site until the monitor has evaluated and, if warranted, recovered the remains. Similarly, and if necessary, the monitor shall be empowered to temporarily divert grading around an exposed fossil specimen to facilitate evaluation and, if warranted, recovery. Mitigation Measure J.3-4: The paleontologist shall reach a formal agreement with a recognized museum repository, such as the Los Angeles County Natural History Museum, before the mitigation program begins, regarding final disposition and permanent storage and maintenance of any fossil remains that might be recovered as a result of the mitigation program, the archiving of associated specimen data and corresponding geologic and geographic site data, and the level of treatment (preparation, identification, curation, and cataloguing) of the remains that would be required before the entire mitigation program fossil collection would be accepted by the repository for storage. The fossil collection shall be donated to a public, nonprofit institution, such as the Los Angeles County Natural History Museum, with a research interest in the collection. The costs to be charged by the repository for curating and permanently storing the collection should be specified in the agreement. Page 1680

18 Mitigation Measure J.3-5: All fossil specimens recovered at the Project Site as a result of the mitigation program, including those recovered as the result of processing fossiliferous rock samples, shall be prepared, identified, curated, and catalogued in accordance with designated museum repository requirements. Rock samples from the Upper Topanga Formation and the younger alluvium shall be submitted to commercial laboratories for microfossil, pollen, or radiometric dating analysis. Mitigation Measure J.3-6: The paleontologist or monitor shall maintain daily monitoring logs that record the particular tasks accomplished, locations where earth-moving activities and monitoring were conducted, rock unit(s) encountered, any fossil specimen recovered, and associated specimen data and geologic and geographic site data. Mitigation Measure J.3-7: A final technical report of results and findings shall be prepared by the paleontologist in accordance with any City or County of Los Angeles requirements, as applicable. Copies of the final report and any supporting documentation, including the paleontologist s or monitor s field notes and fossil site maps shall be archived at the designated museum repository. The final report shall be prepared upon completion of grading activities for the first Project, as that term is defined in the City and County Specific Plans. Subsequent Project reports shall be issued as addenda to the first final report. Projects whose grading activities are completed within a one-year time period may be addressed collectively in one report or addenda. 6. Level of Significance After Mitigation Under the proposed Project, implementation of a paleontological monitoring plan in connection with earth-moving activities would address any potential impact on paleontological resources that might be encountered at the Project Site. The recommended measures would ensure that paleontological resources, if encountered, would be protected throughout the development and operational phases of the proposed Project. Development of the proposed Project would not result in the permanent loss of, or loss of access to, a paleontological resource of regional or statewide significance because taxonomically diverse fossil samples would have been recovered and preserved at a museum repository. Therefore, with implementation of the proposed mitigation measures, potential impacts to paleontological resources resulting from the proposed Project would be less than significant. Page 1681