Section 4.5 Cultural Resources Introduction

Transcription

1 4.5 invisible_toc_marker County of Kern Section 4.5 Cultural Resources Introduction As described in Chapter 2 of this Supplemental EIR (SEIR), an EIR was previously certified for the Alta Oak Creek Mojave (AOCM) Project. Two addenda to that EIR were subsequently approved for a land division action and the Alta Infill project. Collectively, these actions have been addressed in the AOCM EIR and are referred to as the AOCM Project. This SEIR has been prepared to address the current project, known as the Alta Infill II Wind Energy Project (project). This chapter serves to update the analysis contained within the AOCM EIR with regard to cultural resources associated with the current project. Applicable information from the AOCM EIR is incorporated into this chapter by reference, in accordance with the provisions of Section of the California Environmental Quality Act s (CEQA) Guidelines. The full text of the AOCM EIR is presented in Appendix B of this SEIR Environmental Setting The environmental setting for cultural resources is the same as that described in Section of the AOCM EIR, with the following updates: Existing Cultural Resources Records Searches An archaeological records search of the project area was conducted at the Southern San Joaquin Valley Information Center (SSJVIC), housed at California State University, Bakersfield, on 13 July This literature search indicated that 191 previously recorded cultural resources are located within a half-mile radius of the project area. Of those 191 resources, 37 previously recorded archaeological sites and 37 reported isolated finds are within the 9,780-acre project area. One of these resources, (the Los Angeles Aqueduct), is eligible for inclusion in both the California Register of Historical Resources (CRHR) and the National Register of Historical Places (NRHP). However, the portion of the Los Angeles Aqueduct that intersects the project area is underground. The remaining sites have not been evaluated for CRHR eligibility. There have been 75 previous cultural resources studies conducted within the project area and within a half-mile radius of the project area. Field Surveys Preliminary cultural resources pedestrian surveys were conducted on 1,345 acres (nearly 12 percent) of the project area by CH2MHILL in May 2010, March 2011, and April These surveys resulted in the recordation of 46 isolated artifacts and eight newly recorded cultural resources sites. Prehistoric sites consist of one lithic scatter (S-11) and one lithic procurement site (S-3). The remaining six historical sites consist of one linear wooden pipeline feature (S-1), one glass bottle scatter (S-16), two can scatters (S-4 and S-5), and two refuse scatters (S-20 and S-DE-200). The resources are listed in Table 4.5-1, below: Alta Infill II Wind Energy Project August 2011

2 County of Kern Table Sites and Isolated Artifacts Site Number Isolate Number Description Within Project Boundary S-1 Linear wooden pipeline feature... Yes S-3 Prehistoric lithic procurement site... Yes S-4 Can scatter... Yes S-5 Can scatter... Yes S-11 Prehistoric lithic scatter... Yes S-16 Glass bottle scatter... Yes S-20 Refuse scatter... Yes S-DE-200 Refuse scatter... Yes IF-31 Obsidian shatter... Yes IF-32 Glass bottle base... Yes IF-33 Vent hole can... Yes IF-34 Vent hole can and hole-in-cap cans... Yes IF-35 Vent hole can and sanitary can... Yes IF-36 Vent hole can... Yes IF-37 Vent hole can and hole-in-cap cans... Yes IF-38 2 vent hole cans... Yes IF-39 2 cans... Yes IF-40 Vent hole can... Yes IF-41 Vent hole can and 7UP bottle... Yes IF-42 Glass bottle neck fragment... Yes IF-43 1 flake... Yes IF-44 1 flake... Yes IF-45 Glass bottle base... Yes IF-46 Vent hole can... Yes IF-47 1 flake... Yes IF-48 Vent hole can... Yes IF-49 Vent hole can... Yes IF-50 Interlocking seamed can... Yes IF-51 Tobacco tin fragment... Yes IF-52 Glass bottle base... Yes IF-53 U.S. GLO survey marker... Yes IF-DE-200 Tobacco tin... Yes IF-DE-201 Tobacco tin and gas can... Yes IF-DE-202 Vent hole can... Yes IF-DE-203 Glass bottle with cap... Yes IF-DE vent hole cans... Yes IF-DE-205 Hole-in-cap can... Yes IF-DE-206 Hole-in-cap can... Yes IF-DE-207 Hole-in-cap can... Yes IF-DE hole-in-cap cans... Yes IF-DE-209 Vent hole can... Yes IF-DE-210 Tobacco tin... Yes IF-46 Hole-in-top, matchstick filler can... Yes IF-47 Hole-in-top, matchstick filler can... Yes IF-48 Amethyst glass fragment... Yes IF-49 Hole-in-top, matchstick filler can... Yes IF-50 2 hole-in-top, matchstick filler cans... Yes IF-51 Hole-in-top, matchstick filler can... Yes IF-52 2 hole-in-top, matchstick filler can... Yes IF-53 Tobacco tin... Yes IF-54 Tobacco tin... Yes IF-60 Hole-in-top, matchstick filler can... Yes IF-61 Hole-in-top, matchstick filler can... Yes IF-62 Hole-in-top, matchstick filler can... Yes August Alta Infill II Wind Energy Project

3 County of Kern The majority of isolated finds, as listed in Table above, are historical artifacts (primarily cans and a few bottle fragments). However, some prehistoric artifacts were present in the form of lithic debitage (flakes and shatter). Isolated artifacts are not considered to be unique archaeological or historical resources for the purposes of CEQA. One site, S-11 (prehistoric lithic scatter), was identified as being potentially eligible for the CRHR in the Cultural Resource Survey Report (CH2MHILL, 2011a). However, further evaluative testing of this site revealed a lack of subsurface artifacts, as detailed in the Cultural Testing Report (CH2MHILL, 2011b). Therefore, due to low frequency and diversity of artifacts, the site was determined ineligible for listing on the CRHR (CH2MHILL, 2011b). Five of the remaining resources appear to be ineligible for listing on the CRHR and two, S-1 (linear wooden pipeline) and S-3 (prehistoric lithic procurement site) require further evaluation for determination of eligibility. It should be noted that a portion of the 9,780-acre project area is still unsurveyed; unsurveyed portions of the project include areas in which new wind turbine generators (WTG) are proposed to be located. However, mitigation measures have been included to address the potential finds of any cultural resources, as discussed below. Native American Consultation The Native American Heritage Commission (NAHC) was contacted by CH2MHILL to request information about traditional cultural properties, such as cemeteries and sacred places, within the AOCM Project area. The NAHC responded on June 22, 2010, stating that a search of the Sacred Land File (SLF) failed to indicate the presence of Native American sacred sites in the immediate project vicinity, which is the same information stated in the NAHC s April 17, 2009 letter. Additionally, in accordance with Senate Bill 18 and the California Tribal Consultation Guidelines, the County notified and consulted with the appropriate Indian tribes with respect to the project s potential impacts on Native American places, features, and objects. Notifications were sent out on July 29, At the time of this writing, the County has not received any comments from the applicable Indian tribes. Potential for Unknown Buried Cultural Resources The project is primarily located on alluvial fans at the base of several mountain ranges and inselbergs, including Middle Knob and several nearby ridges of the southern Sierra Mountains, Horn Toad Hills of the Tehachapi Mountains, and Soledad Mountain, in the Freemont Valley. Geologic maps indicate that the fans are Quaternary in age; however, the maps do not divide the sediments of the fans into Holocene or Pleistocene units (Dibblee and Lourke, 1970; Dibblee 1963, and 1967). As with much of the Mojave area, alluvial fans were primarily built during the Pleistocene when the local climate was wetter as a result of the Wisconsin Period ice age that lasted between roughly 100 to 15 thousand years ago. Then, following the Holocene interglacial period, the Mojave Desert was much drier (Enzel et al., 2003). Flash flooding during the Holocene led to the incision of channels into the upper portions of many of the fans and deltaic-like deposition near the fan skirts and basins. Thus, much of the Holocene deposition is found at the mouths of drainage channels on the lower portions of the fans and within the drainage system itself. Because these channel sediments are high energy, any cultural remains found within these deposits are likely displaced by fluvial processes and lack integrity. Further, eolian processes are known to have occurred during the Holocene, depositing sand sheets and dunes over portions of the area. Soils data from the National Resources Conservation Service (NRCS) Web Soil Survey indicate a comparable interpretation. Sediments found in the washes tend to have high gravel content, indicating higher energy systems, while fan surfaces generally consist of finer sediments (NRCS, Alta Infill II Wind Energy Project August 2011

4 County of Kern 2011). However, the lower energy alluvial system in the eastern portion of the project area has the potential to bury prehistoric cultural resources and for those sites to retain integrity. Therefore, the potential to discover intact buried deposits with no surface expression, within much of the eastern portion of the project area, is high. Existing Paleontological Resources Methods Used to Identify Paleontological Resources Records Searches As part of the paleontological assessment for the project, literature searches for paleontological records were conducted in October 2010, November 2010, and May 2011 at museums and institutions that house fossil collections within and/or near the project area. Three standard paleontological databases were queried: San Bernardino County Museum (SBCM), University of California Museum of Paleontology (UCMP), and Paleobiology. No previously reported paleontological resources were identified with the records search. The majority of the project area is mapped as Quaternary Alluvium, with Older Alluvium exposed at the northern margin of the project area. The depositional environment of these units is not conducive to the deposition or preservation of significant paleontological resources and therefore is considered to be of low paleontological sensitivity. Tertiary (Pliocene to Miocene) sediments underlie the Older Alluvium at a depth of several thousand feet throughout much of the site, outcropping only in the mountainous regions in the northern portion of the project area; these include the Kinnick Formation and the Horned Toad Formation. Both the Kinnick Formation and Horned Toad Formation have produced numerous fossils, and are therefore considered to have a high paleontological sensitivity. Mesozoic intrusive igneous rocks dominated by quartz monzonites and associated Precambrian metamorphic rocks underlie the mountainous regions at the northern portion of the project area. In addition, the southernmost portion of the project area is underlain by igneous rocks of Soledad Mountain. These are chiefly Miocene-aged rhyolitic pyroclastic rocks of the Gem Hill Formation. In general, igneous rocks do not preserve fossils; therefore, these units have a low paleontological sensitivity. Between Soledad Mountain and Middle Buttes, the project area is underlain by Quaternary playa lake clays and windblown sands (CH2MHILL, 2011c). Field Surveys Paleontological surveys were conducted in a portion of the project area (Northern Subarea) from December 2010 to February No new fossil localities were identified during the field surveys within the Northern Subarea (CH2MHILL, 2011d). The majority of the project area is underlain by geologic units with a low-to-moderate potential to yield significant fossils. However, small portions of the project contain geologic units of high sensitivity Regulatory Setting The regulatory setting for cultural resources is the same as that described in Section of the AOCM EIR, with the following exceptions: Portions of the project area fall within the boundaries of the Mojave and Soledad Mountain Elephant Butte Specific Plans and a portion of the site is within an area designated as a part of the Cache Creek Interim Rural Community Plan. The Cameron Canyon Specific Plan would not apply to the project. These plans are described as follows: August Alta Infill II Wind Energy Project

5 County of Kern Mojave Specific Plan This Specific Plan does not contain any recommendations, analysis, or implementation measures that are directly applicable to the cultural resources analysis of the project. Soledad Mountain Elephant Butte Specific Plan This Specific Plan does not contain any recommendations, analysis, or implementation measures that are directly applicable to the cultural resources analysis of the project. Cache Creek Interim Rural Community Plan A portion of the project site is designated 4.2 (Interim Rural Community Plan) by the Kern County General Plan (KCGP). Map Code 4.2 is used to identify settlements in the County that have individual character which, in past plans, have been broadly merged with the surrounding countryside. These settlements are recognized as unique communities. Appendix B of the KCGP contains details and maps of interim rural community plans the provisions that shall apply to the area until a Specific Plan or precise development plan is adopted within the rural community area. The interim land use guidelines are general in nature, however, and are not specific to cultural resources Impacts and Mitigation Measures This section analyzes the impacts to cultural resources within the project area with implementation of the project. The impact analysis describes the methods used to determine the project s impacts and lists the thresholds used to conclude the significance of an impact. Measures to mitigate (avoid, minimize, rectify, reduce, eliminate, or compensate for) significant impacts accompany each impact discussion, as required. The Methodology and Thresholds of Significance sections described in Section of the AOCM EIR are incorporated by reference. Impact 4.5 1: Cause a substantial adverse change in the significance of a historical or archaeological resource As mentioned above, a cultural resources assessment of the project area has demonstrated that the project area contains sensitive prehistoric and historical archaeological resources. Of the eight cultural resources sites discovered within the project area, one was determined ineligible for listing on the CRHR, five appear ineligible for listing on the CRHR, and two require further evaluation for determination of eligibility. However, it is noted that only a portion (12 percent) of the total project area has been surveyed for cultural resources (including areas proposed for new WTGs) to date. Further, because the geomorphological environment for the project area is one of alluvial deposition, archaeological sites recorded within the project area could have buried components that may yield significant data about the nature of human occupation of the area. Important archaeological deposits with no surface expression may be buried beneath deep alluvial sediments. Therefore, as with the AOCM Project, there is a potential for encountering sensitive prehistoric and historical archaeological resources. Preliminary cultural resource surveys were conducted on portions of the project area by CH2MHILL in May 2010, March 2011, and April These surveys have resulted in the discovery of several new archaeological sites and confirmed the presence of previously recorded resources. Isolated artifacts were also identified, but are not considered to be significant cultural resources, and therefore project-related impacts on these artifacts would be less than significant. Alta Infill II Wind Energy Project August 2011

6 County of Kern While project design would avoid impacts to known cultural resources, construction of the project could impact unknown or buried archeological sites within the project area. Therefore, implementation of Mitigation Measures through from the AOCM EIR would be applicable to the current project. Because archaeological resources are non-renewable and each resource contributes important information about prehistory, mitigative data recovery in itself can be destructive. Further, although a portion of an archaeological resources site can be salvaged, which may reduce impacts, those impacts to that resource would remain significant. Implementation of MMs through would reduce significant impacts to archaeological resources overall; however, due to the projects potential to encounter sensitive prehistoric and historical archaeological resources, the project would result in a significant unavoidable impact to cultural resources. It is noted that the project would not create new or substantially more adverse significant impacts beyond those disclosed in the AOCM EIR in relation to an adverse change in the significance of a historical or archaeological resource. Mitigation Measures Implement MMs through as described in Section 4.5 of the AOCM EIR. No additional mitigation measures are required. Level of Significance after Mitigation Impacts would continue to be significant and unavoidable, as discussed in the AOCM EIR. Impact 4.5 2: Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature As described in the AOCM EIR, there is a potential for encountering unique paleontological resources within the project site during ground-disturbing construction activities. The potential for project-related construction activities to affect significant paleontological resources is dependent on the type of activity and the paleontological sensitivity of each geologic unit affected. Excavations in geologic units of moderate or high sensitivity may encounter significant fossils, while excavations in geologic units of low sensitivity, such as metamorphic or intrusive igneous rocks, have little-to-no chance of encountering significant fossils. The project area is underlain predominantly by Quaternary alluvium, which has low paleontological sensitivity. The southern portion of the project area is underlain by low-sensitivity igneous and eolian units, and by playa lake deposits of unknown sensitivity. The northern portion of the project area is underlain by low-sensitivity igneous and metamorphic units. The high-sensitivity Horned Toad Formation underlies portions of the study area; these deposits do not appear at the surface within the project area, though they may be encountered below the surface. While the Kinnick Formation has a high paleontological sensitivity, it does not outcrop within the project area. However, the formation may underlie the northernmost Quaternary alluvium in the project area. While some impacts to paleontological resources may be avoided by relocating the excavation; avoidance of all paleontological resources is unlikely and mitigation is required. Because proper excavation and removal of paleontological resources does not lessen the scientific value of the resource, implementation of the following revised Mitigation Measures and from the AOCM EIR would ensure that those resources remain intact and would therefore reduce impacts to paleontological resources to less-than-significant levels. Therefore, the project would not create new or substantially more adverse significant impacts beyond those disclosed in the AOCM EIR August Alta Infill II Wind Energy Project

7 County of Kern in relation to directly or indirectly destroying a unique paleontological resource or site or unique geologic feature. Mitigation Measures MM MM Prior to the issuance of grading permits, the project proponent shall hire a qualified paleontologist to conduct a preconstruction reconnaissance-level field survey for project areas underlain by paleontologically sensitive sediment, or sediment that may be paleontologically sensitive. After the field survey is conducted and the final impacts assessment is developed, the project proponent shall retain a qualified paleontologist to prepare a Paleontological Resource Monitoring and Mitigation Plan for implementation during construction. The Paleontological Resource Monitoring and Mitigation Plan shall be submitted to Kern County Planning Department for review and approval prior to the start of grading or construction and shall include the following: a. Procedures for the discovery, recovery, and salvage of paleontological resources encountered during construction, if any, in accordance with standards for recovery established by the Society of Vertebrate Paleontology; b. Identification and mapping of specific areas of high and moderate sensitivity that will be monitored during construction; c. Verification that the proponent has an agreement with a recognized museum repository, for the disposition of recovered fossils and that the fossils shall be prepared prior to submittal to the repository as required by the repository (e.g., prepared, analyzed at a laboratory, curated, or cataloged); and d. Description of monitoring reports that will be prepared, which shall include daily logs and a final monitoring report with an itemized list of specimens found to be submitted to Kern County Planning Department, the final curation repository, and the Natural History Museum of Los Angeles County within 90 days of the completion of monitoring. The project proponent shall provide for a qualified paleontologist to provide construction personnel with training on implementation of the Paleontological Resource Monitoring and Mitigation Plan. All construction personnel shall be trained regarding the recognition of possible buried paleontological resources and protection of paleontological resources during construction, prior to the initiation of construction or ground-disturbing activities. Training shall inform construction personnel of the procedures to be followed upon the discovery of paleontological materials. All personnel shall be instructed that unauthorized collection or disturbance of fossils is unlawful. Level of Significance after Mitigation Impacts would continue to be less than significant, as discussed in the AOCM EIR. Impact 4.5 3: Disturb any human remains, including those interred outside of formal cemeteries As with the AOCM Project, no human remains are known to be located within the project area. However, there is always the possibility that unmarked burials could be inadvertently unearthed during excavation activities, which could result in damage to these human remains. Implementa- Alta Infill II Wind Energy Project August 2011

8 County of Kern tion of Mitigation Measure from the AOCM EIR would ensure that the remains are treated in accordance with the California Public Resources Code; resulting in a less-than-significant impact. Therefore, the project would not create new or substantially more adverse significant impacts beyond those disclosed in the AOCM EIR in relation to disturbing any human remains, including those interred outside of formal cemeteries. Mitigation Measures Implement MM as described in Section 4.5 of the AOCM EIR. No additional mitigation measures are required. Level of Significance after Mitigation Impacts would continue to be less than significant, as discussed in the AOCM EIR. Cumulative Setting Impacts and Mitigation Measures The geographic scope for cumulative impacts to cultural and paleontological resources includes a six-mile radius from the project site. Analysis of cumulative impacts takes into consideration the entirety of impacts that the projects, zone changes, and general plans discussed in Section 3.11 would have on cultural resources. This geographic scope of analysis is appropriate because the archaeological, historical, and paleontological resources within this radius are expected to be similar to those in the project area because of their proximity; similar environments, landforms, and hydrology would result in similar land-use and thus, site types. Similar geology within this vicinity would likely yield fossils of similar sensitivity and quantity. Impact 4.5 4: Contribute to Cumulative Cultural Resources Impacts With regard to impacts to historical or archaeological resources, the project has the potential to contribute significantly to cumulative impacts within the region. Through implementation of Mitigation Measure from the AOCM EIR, direct impacts to known archaeological sites would be avoided entirely, if feasible. If a significant archaeological resource cannot be avoided, implementation of Mitigation Measure from the AOCM EIR would ensure that significant impacts are reduced by capping or data-recovery. Because there is potential for unanticipated and previously unidentified cultural resources, Mitigation Measure and from the AOCM EIR would be implemented to monitor construction and treat newly discovered sites, thus reducing the project impacts. Nonetheless, impacts would remain significant. In addition, the other projects identified in Section 3.11, Cumulative Projects would also be expected to have mitigation measures that would reduce potential impacts on archeological resources, but impacts could remain significant even after mitigation. Therefore, impacts of the project would have the potential to combine with impacts from past, present, or reasonably foreseeable projects to result in a cumulative impact to historic and archaeological resources, as disclosed in the AOCM EIR. With regard to impacts to unique paleontological resources, the project would not contribute significantly to cumulative impacts within the region. Although significant fossils may be discovered during excavation for construction, implementation of Mitigation Measure and from the AOCM EIR, direct impacts to paleontological resources would be reduced to a level that is less than significant. Paleontological resources are generally not considered subject to cumulative impacts because they are localized and site-specific and are either individually impacted in a way that changes the significance of the resource or are avoided. In addition, the other projects identified in Section 3.11, Cumulative Projects would also be expected to reduce August Alta Infill II Wind Energy Project

9 County of Kern potential impacts on paleontological resources to a less-than-significant level through avoidance or mitigation and, therefore, not contribute to a significant cumulative impact. Therefore, impacts of the project would not have the potential to combine with impacts from past, present, or reasonably foreseeable projects to result in a cumulative impact to paleontological resources, as disclosed in the AOCM EIR. With regard to disturbance of human remains, the project could contribute significantly to cumulative impacts within the region. Although no human remains have been identified within the project area, to date, there is potential for their discovery during project construction. If human remains were to be discovered during construction, implementation of Mitigation Measure from the AOCM EIR would ensure that the remains are treated in accordance with the California Public Resources Code, but would still represent a significant unmitigable impact. The potential impacts of the other projects identified in Section 3.11, Cumulative Projects would also be expected to be reduced by compliance with Public Resources Codes but could be significant based on site specific issues. Therefore, impacts of the proposed project would have the potential to combine with impacts from past, present, or reasonably foreseeable projects to result in a cumulative impact to human remains, as disclosed in the AOCM EIR. Mitigation Measures Implement MMs through as described in Section 4.5 of the AOCM EIR. No additional mitigation measures are required. Level of Significance after Mitigation Cumulative impacts would continue to be significant and unavoidable, as discussed in the AOCM EIR. Alta Infill II Wind Energy Project August 2011