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HomeMy WebLinkAboutHMP 15-01; MARTIN RESIDENCE; CULTURAL RESOURCES TREATMENT AND MONITORING PLAN; 2018-11-13CULTURAL RESOURCES TREATMENT AND MONITORING PLAN FOR THE MARTIN RESIDENCE PROJECT CITY OF CARLSBAD, CALIFORNIA PROJECT NO. HMP 15-01 (DEV 15005); CCC APPLICATION NO. 6-17-0635 Submitted to: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Preoared for: Thankful Texans, LLC 8916 Calera Drive Austin, Texas 78735 Prepared bv: Brian F. Smith and Associates, Inc. 14010 Poway Road, Suite A Poway, California 92064 October 25, 2018; Revised November 12, 2018,· Revised November 13, 2018 Cu/1urul Res()urcu TrMlment und Monitoring Plan for the Marlin Residence P,,oj«I INTRODUCTION The Martin Residence Project (Assessor's Parcel Number [APN] 206-200-03) is a planned residential development (City of Carlsbad Project Number HMP 15-01 [DEV 15005]; California Coastal Commission [CCCJ Application Number 6-17-0635). The Martin Residence Project is situated along Adams Street and the north shore of Agua Hedionda Lagoon in the city of Carlsbad, California (Figure 1). This project may be found in an unsectioned portion of the USGS 7.5- minute San Luis Rey, California topographic quadrangle, Township 11 South, Range 4 East (Figure 2). As designed, the project proposes to construct a 4,935-square-foot, two-story single- family residence, swimming pool, and associated infrastructure (Figure 3). To accomplish the project, the property will require approximately 1,530 cubic yards of grading. As a condition of approval for the project, the City of Carlsbad and the CCC have required the submission of a Cultural Resources Treatment and Monitoring Plan to stipulate the archaeological and paleontological tasks to be followed during the grading of the property. The specific requirements for the preparation and submittal of this monitoring plan are found within CUL-I, PALEO-I, and TCR-1 of the City of Carlsbad's Mitigation Monitoring and Reporting Program (MMRP), CCC Special Condition (SC) 12, subsections (a)(i-v) and (b), and CCC Appendix B ("Cultural Resource Significance Testing Plan Procedures") of 6-17-0635 and have been incorporated into this plan. Cl/LTI/ML AND PALEONTQLQGICAL RESOURCE MONITORING In accordance with CUL-I, PALEO-I, and TCR-1 of the MMRP and with SC 12 (a) of6- l 7-0635, the applicant has retained the firm of Brian F. Smith and Associates, Inc. (BFSA) to be responsible for all archaeological, paleontological, and Native American monitoring associated with this development. In accordance with CUL-I and PALEO-I, a retention letter has been submitted to the City. All monitoring operations will be directed by OHP-qualified Archaeological Consultant Brian Smith, who will serve as the principal investigator (Pl) for this project with paleontological monitoring being overseen by Senior Paleontologist George L. Kennedy, Ph.D. Native American monitoring will be supplied by the San Luis Rey Band of Luisei!o Indians who, in accordance with SC 12 (a)(iii), have documented ancestral ties to the area. In accordance with TCR-1, the client has entered into a pre-excavation agreement with the San Luis Rey Band of Luisefto Indians. Individual monitors from BFSA will be qualified by the OHP standards in accordance with SC 12 (a)(iii). MONITORING PROGRAM The monitoring program will follow the procedures outlined within CUL-I, PALEO-1, TCR-1 of the MMRP, which closely follow the CCC conditions found within (SC) 12, subsections (a)(i-v) and (b) of 6-17-0635, which arc presented below: Soecigl Conditjgn IZ of6;17-0635 (a) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT [CDP], the applicant shall submit for the review and approval of the Cultural Resources Treatment ond Monitoring Plan/or the Mortin Residence Project Executive Director an archaeological/cultural resources monitoring plan prepared by a qualified professional, which shall incorporate the following measures and procedures: (i) The monitoring plan shall ensure that any prehistoric archaeological or paleontological or Native American cultural resources that are present on the site and could be impacted by the approved development will be identified so that a plan for their protection can be developed. To this end, the cultural resources monitoring plan shall require that archaeological and Native American monitors be present during all grading operations and subsurface construction activity that has the potential to impact cultural resources. (ii) There shall be at least one pre-grading conference with the project manager and grading contractor at the project site in order to discuss the potential for the discovery of archaeological/cultural or paleontological resources. (iii) Archaeological monitor(s) qualified by the California Office of Historic Preservation (OHP) standards, Native American monitor(s) with documented ancestral ties to the area appointed consistent with the standards of the Native American Heritage Commission (NAHC), aod the Native American most likely descendent (MLD) wheo State Law mandates identification of a MLD, shall monitor all project grading and subsurface construction activity ( such as trenching for utilities) that has the potential to impact cultural resources, as required in the approved cultural resources monitoring plan required above. (iv) The pennittee shall provide sufficient archeological and Native American monitors to assure that all project grading and subsurface construction activities that has any potential to uncover or otherwise disturb cultural deposits is monitored at all times. (v) If any archaeological or paleontological, i.e. cultural deposits, are discovered, including but not limited to skeletal remains and grave- related artifacts, artifacts of traditional cultural, religious or spiritual sites, or any other artifacts, all construction shall cease within at least 50 feet of the discovery, and the pennittee shall carry out significance testing of said deposits in accordance with the attached "Cultural Resources Significance Testing Plan Procedures" (Appendix B [of 6~ 2 0,/turo/ Resource.< Treatment und Monitoring P/unfor rhe Mur/ln Residence Project 17-0635]). The permittee shall report all significance testing results and analysis to the Executive Director for a determination of whether the deposits are significant. (b) If the Executive Director determines that the discovery is significant, the permittee shall follow the procedures in Appendix B (of 6-17-0635) to determine if an amendment to this permit is required. If an amendment to this CDP is required, development within at least 50 feet of the discovery shall not recommence until an amendment is approved, and then only in compliance with the provisions of such amendment. MONITORING PROTOCOL Prior to the lnitiqtion q_f Gradiw 1. As described in CUL-1, PALEO-!, TCR-1, aod SC 12 (a)(ii), BFSA and the Native American representatives shall attend a preconstruction meeting. As part of that meeting, BFSA and the Native American tribal monitor will provide a contractor education program to infonn all parties participating in the grading of the property of the sensitivity of the area to local Native American tribes and the potential to discover important cultural and paleontological resources during grading. Durin& Gradins 1. In accordance with CUL-1, PALEO-!, TCR-1, aod SC 12 (a)(i-iv), monitor(s) shall be present during Grading/Excavation/Trenching. a The paleontological monitors shall be present during all soil-disturbing and grading/excavation/trenching activities which extend four feet below grade as outlined within PALEO-!. b. The archaeological and tribal monitors shall be present full-time during all soil- disturbing and grading/excavation/trenching activities. c. Sufficient archaeological and Native American monitors shall be present during project grading to monitor all soil-disturbing activities. d The construction manager is responsible for notifying the monitors of changes to any grading activities, such as in the case of a potential safety concern within the area being monitored. 2. Discovery notification processes shall follow that outlined within CUL-1, PALEO-I, TCR-1, SC 12 (a)(v), (b), and Appendix B. a ln the event of a discovery, the archaeological, paleontological, and/or tribal monitor shall direct the contractor to temporarily divert all soil-disturbing activities, including, but not limited to, digging, trenching, excavating, or 3 Cu/tum/ Re.wurce., Treutmem uml M1m/1ori11g Plar1far the Murrin Res/der,ce Project grading within 50 feet of the discovery and immediately notify the City of Carlsbad and the CCC Executive Director as described within SC 12 (a)(v). h A Significance Testing Plan shall be compiled in accordance with SC 12 (b) and Appendix B of 6-17-0635. c. No soil shall be exported off-site until a detennination can be made regarding the significance of the resource, especially if Native American resources are encountered. d For discoveries identified as significant cultural sites by the CCC Executive Director, which cannot be avoided, a supplementary Archeological Plan to mitigate impacts shall be prepared by the PI. e. The supplementary Archeological Plan shall be prepared to the specifications outlined within Appendix B of 6-17-0635 and described below. [ The supplementary Archeological Plan shall be reviewed by the San Luis Rey Band of Luisefto Indians as outlined within TCR-1 and approved Peer Reviewers, and approved by the CCC Executive Director prior to the initiation of any mitigation measures or resumption of grading. g. In accordance with TCR-1, a monitor from San Luis Rey Band of Luisefi.o Indians shall be present during all archaeological testing. h All artifacts recovered as part of a Significance Testing Plan shall be analyzed and cataloged by the PI and subsequently transferred to a cwation facility approved by the City of Carlsbad and/or repatriated to the San Luis Rey Band of Luisefto Indians as outlined within TCR-1. Analysis, methods, and techniques shall take into account the traditions and practices of the San Luis Rey Band of Luiseilo Indians. 3. Determination of significance shall follow steps outlined within Appendix B of6-17- 0635 and are presented below. Cultural Resource Significance Testing Plan Prgcedures of 6-17·0635 A. An applicant seeking to recommence construction following discovery of cultural deposits shall submit a Significance Testing Plan for the review and approval of the Executive Director. The Significance Testing Plan shall identify the testing measures that will be undertaken to detennine whether the cultural deposits are significant. The Significance Testing Plan shall be prepared by the project archaeologist(s), in consultation with the Native American monitor(s), and the MLD when State Law mandates identification of a MLD. The Executive Director shall make a determination regarding the adequacy of the Significance Testing Plan within IO working days of receipt If the Executive Director does not make such a detennination within the prescribed time, the plan shall be deemed approved and implementation may 4 Cultural Re.vources Treatment and Monituring Plcmfar the Martin Re.,iden~ Project proceed. I. If the Executive Director approves the Significance Testing Plan and detennines that the Significance Testing Plan's recommended testing measures are de minimis in nature and scope, the significance testing may commence after the Executive Director infonns the pennittee of that detennination. 2. If the Executive Director approves the Significance Testing Plan but determines that the testing measures therein are not de minimis, significance testing may not recommence until after an amendment to this permit is approved by the Commission. 3. Once the measures identified in the Significance Testing Plan are undertaken, the permittee shall submit the results of the testing to the Executive Director for review and approval. The results shall be accompanied by the project archeologist's recommendation as to whether the deposits are significant. The project archeologist's recommendation shall be made in consultation with the Native American monitors and the MLD when State Law mandates identification of a MLD. The Executive Director shall make the determination as to whether the deposits are significant based on the information available to the Executive Director. If the deposits are found to be significant, the pennittee shall prepare and submit to the Executive Director a supplementary Archeological Plan in accordance with subsection B of this condition and all other relevant subsections. If the deposits are found to be not significant, then the permittee may recommence grading in accordance with any measures outlined in the significance testing program. B. An applicant seeking to recommence construction following a determination by the Executive Director that the cultural deposits discovered are significant shall submit a Supplementary Archaeological Plan for the review and approval of the Executive Director. The Supplementary Archeological Plan shall be prepared by the project archaeologist(s), in consultation with the Native American monitor(s), the MLD when State Law mandates identification of a MLD, as well as others identified in subsection C below. The Supplementary Archeological Plan shall identify proposed investigation and mitigation measures. The range of investigation and mitigation measures considered shall not be constrained by the approved development plan. Mitigation measures 5 Cullurul Re.1ource.s Trea1men1 and Mani/{)ring Plan for 1he Marlin Residence Projecl considered may range from in-situ preservation to recovery and/or relocation. A good faith effort shall be made to avoid impacts to cultural resources through methods such as, but not limited to, project redesign, capping, and placing cultural resource areas in open space. In order to protect cultural resources, any further development may only be undertaken consistent with the provisions of the Supplementary Archaeological Plan. I. If the Executive Director approves the Supplementary Archaeological Plan and detennines that the Supplementary Archaeological Plan's recommended changes to the proposed development or mitigation measures are de minimis in nature and scope, construction may recommence after the Executive Director informs the permittee of that determination. 2. If the Executive Director approves the Supplementary Archaeological Plan but determines that the changes therein are not de minimis, construction may not recommence until after an amendment to this permit is approved by the Commission. C. Prior to submittal to the Executive Director, all plans required to be submitted pursuant to this special condition, except the Significance Testing Plan, shall have received review and written comment by a peer review committee made up of qualified archeologists convened in accordance with current professional practice. Representatives of Native American groups with documented ancestral ties to the area shall also be given an opportunity to review and submit written comments on the required plans. Names and qualifications of selected peer reviewers shall be submitted for review and approval by the Executive Director. The plans submitted to the Executive Director shall incorporate the recommendations of the peer review committee and Native American representatives or explain why the recommendations were rejected. Furthermore, upon completion of the review process, all plans shall be submitted to the California Office of Historic Preservation (OHP) and the NAHC for their review and an opportunity to comment. The plans submitted to the Executive Director shall incorporate the recommendations of the OHP and NAHC. If the OHP and/or NARC do not respond within 30 days of their receipt of the plan, the requirement under this permit for that entities' review and comment shall expire, unless the Executive Director extends said deadline for good cause. All plans shall be submitted for the review and approval of the Executive Director. 6 C11/1ura/ Resources Treu/miml and Monitoring Plan for the Martin Residence Project DISCOVERY OF HUMAN REMAINS If human remains are discovered, work shall halt in that area and no soil shall be exported off-site until a determination can be made regarding the provenance of the human remains. The following procedures as set forth in the California Environmental Quality Act (CEQA), Section 15064.S(e), the California Public Resources Code (PRC) (Section 5097.98), and the State Health and Safety Code (Section 7050.5) shall be undertaken: I. Notification l. The archaeological monitor or PI shall notify the Native American representatives, the City of Carlsbad, and the CCC Executive Director of the discovery. 2. The PI shall notify the medical examiner of the discovery of human remains, either in person or via telephone. 2. Isolate Discovery Site I. The buffer area surrounding the discovery location shall be 100 feet in radius and no work shall be allowed within this area until the discovery has been treated in accordance with this monitoring plan. The potential remains will not be disturbed or altered in any way until the county coroner can view and make a determination as to provenance. There are to be no photographs or video taken of the remains or any funerary objects. 3. If Human Remains ARE Determined to Be Native American 1. The medical examiner will notify the NARC within 24 hours. By law, ONLY the medical examiner can make this call. 2. In accordance with CUL-I, TCR-1, and SC 12 (a)(iii), the NAHC will immediately identify the person or persons determined to be the Most Likely Descendent (MLD) and provide contact infonnation. 3. The MLD will contact the property owner within 24 hours or sooner after the medical examiner has completed coordination to begin the consultation process in accordance with CEQA, Section 15064.S(e), the PRC, and health and safety codes. 4. The MLD will have 48 hours to make recommendations to the property owner or representative for the treatment or disposition with proper dignity of the human remains and associated grave goods. 5. In the event that the NAHC is unable to identify the MLD; or the MW failed to make a recommendation within 48 hours after being notified by the NAHC; or, the landow1l,er or authorized representative rejects the recommendation of the MLD and mediation in accordance with PRC Section 5097.94(k) by the NAHC fails to provide measures acceptable to the landowner; then, the 7 Cultural Resources Treatment und Mo,,ilurlng Plan.for /he Martin Residence Project landowner or his or her authorized representative shall inter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. In order to protect the site, the landowner shall do one or more of the following: (I) Record the site with the NAHC; (2) Record an open space or conservation easement on the site; (3) Record a document with the City of Carlsbad. 4. If Human Remains Are NOT Native American I. Unless the potential human remains are clearly historic or modern in nature, the PI shall contact the medical examiner and schedule a field visit to determine the provenance of the potential human remains. 2. The medical examiner will determine the appropriate·course of action with the PI and the property owner (PRC Section 5097.98). POST-CONSTRUCTION I. Preparation and Submittal of Monitoring Report a In accordance with CUL-I, PALEO-I, TCR-1, and SC 12 and Appendix B found within 6-17-0635, the Pl shall submit a monitoring report that describes the results, analysis, and conclusions of all phases of the monitoring program (with appropriate graphics). h For significant archaeological resources encountered during monitoring, the Significance Testing Plan, Supplemental Archaeological Plan, and subsequent reports shall be included in the monitoring report. c. The PI shall be responsible for recording (on the appropriate State of California Dcpanment of Parks and Recreation fonns [DPR 523 A/BJ) any significant or potentially significant resources encountered during the archaeological monitoring program and submit such forms to the South Coastal Information Center at San Diego State University along with the monitoring report. Copies of the report will be distributed to the CCC, NAHC, City of Carlsbad, Thankful Texans, LLC, and the San Luis Rey Band ofLuiseilo Indians. 2. Handling of Artifacts and Fossils a The PI shall be responsible for ensuring that all collected cultural remains are cleaned and cataloged. h The PI shall be responsible for ensuring that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies arc completed, as 8 Cufturuf Rel·ource,f Treutment und Monitoring Plunfor the Martin Raidence Project appropriate. c. Recovered fossil specimens shall be prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates if necessary. Evaluation and museum-level preparation of discovered fossils will be overseen by the project paleontologist (Dr. George L. Kennedy), who has more than 50 years of professional experience with the fossil record of southern California, and who is familiar with all aspects of museum preparation and specimen curation. d Identification, cataloging, and curation of fossil specimens must be completed before their final placement with a professional, accredited public museum repository with a commitment to archival conservation, and pennanent retrievable storage 3. Curation of Artifacts and Fossils a All prehistoric artifacts collected from the project shall be permanently curated at a facility approved by the City of Carlsbad as outlined within CUL-I; or, in the event the uncovered artifact is of Luiseiio Native American cultural importance, it shall be repatriated to the San Luis Rey Band ofLuisef!.o Indians, and/or the Most Likely Descendent, as outlined within TCR-1. h All fossil specimens collected from the project shall be permanently curated at a facility approved by the City of Carlsbad, such as the San Diego Natural History Museum, as outlined within PALEO-I. 9 Cultural Re,murce., Trea1ment und Mon/loring Plan for the Manin Residence Project ------------------------- ATTACHMENT A Project Figures Figure 1 General Location Map The Martin Residence Project DeLormc (1:250,000) ----- \ I I -----o .500m 0 1000 2000ftt-----__., ..... _ Figure 2 Project Location Map The Martin Residence Project USOS San Lull R~ Quadranalo (7.S minute aeries) Le1ead MHTL4.44ft NAVD88 Cl Project Bo\lDdary I I : I . i I ' I I I - .... ., Figure 3 Project Development Map The Martin Residence Project I I 0 10 m 0