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Home My WebLink AboutCT 83-03; SITE W-108; PEER REVIEW OF ARCHAELOGICAL STUDY; 1988-11-14· . ~ One Barnard Drive, Oceanside, CA 92056-3899 • (619) 757-2121 November 14, 1988 Ms. Adrienne Lande.rs Associate Planning City of Carlsbad Carlsbad, CA 92008 Dear Ms. Landers.: 9th Street and Stratford Court, Del Mar,: CA 92014-27-1-6 . (619) 942-1352 .. Subject: Peer Review of Archaeological Study I have read and reviewed, "Archaeological Testing Program and Literature for Site W-108. The methodological approach is one of high quality consistent with the comprehensive plan to archaeology set forth by the ( SCA) Society for Calif'ornia Archaeology, (S.O.P.A.), and "New World" Archaeology. Further, I concur with suggested mitigating measures for sites; SDi-43 58 I SDi-6149 and SDi-8195, with perhaps one comment on procedure. Reference Section III, Page 9 I Test Excavation and Results. A 2.5% sample of sites should be the goal. Sincerely, JF/k10 GRADUATE DIVISION AND RESEARCH SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-0419 (619) 594~5213 November 7, 1988 Ms. Adrienne Landers Associate Planner City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Dear Ms. Landers: lmv 1988 Pi..ANNING,DEPARTMENi CllYOF CARLSBAO This letter represents a reply to your invitation to comment on the archaeological report submitted to the City of Carlsbad as part of an environmental review. From the written report it is difficult to specifically; answer the questions you have posed in your letter of October 24, 1988, or to make some general suggestions. What 1 can state from the report is that no major errors of omission or commission are evident. That based on the location, excavation techniques employed, and artifactual recovery, the statements made about potential research significance may be accurate. To really be able to evaluate for significance, I would need to directly tour the geographic localities, inspect the artifacts, and interview the personnel involved with the project. Based solely on the written report, and not knowing who conducted the research, the only criticisms I have concern possible insufficient sample size and the need for additional radiocar- bon dating. I apologize for not being able to give you the answer to your questions, but insufficient information is conveyed to ,allow me to do a thorough analysis. Please do not hesitate to contact me if your require further information. Sincerely yours, Brad Bartel Associate Dean Professor of Anthropology THE CALIFORNIA STATE UNIVERSITY · . Adrienne Landers Planning Dept. City of Carlsbad 2075 Las Palmas Dr. Archaeological Survey Institute -of Archae<;>logy University of California, Los Angeles, CA 90024-1510 (213) 825-1720 october 31, 1988 RE: Peer Review of Archeological study regarding Sites CA-SDi-4358, 6149 and 8195. Dear Adrienne, As is typical of many southern California archeologists, the person preparing this report is not providing an explanation of the full range of mitigation possibilities to the city or to the developer. The report states that mitigation excavation will be required and barely mentions the fact that site avoidance through project redesign or capping of the resource are also viable, often preferred and less expensive alternatives. Avoiding impact to the resources by redesigning the project to leave the sites in open space or placing sterile fill over the resources is much less expensive than excavation data recovery and is preferred by the archeological community as it preserves the resource for future study. In the Abstract, it is mentioned that site CA-SDi~614,9 has been impacted by SDG&E tower construction. Page 8 of the'report indicates that a shovel tes t was made at this site and that a 30 cm deep cultural deposit encountered. There doesn't appear to be any further discussion of the integrity of this resource or how it may be impacted by the proposed project. This appears to be a "unique" resource and should require some form of mitigation if intact portions still exist. To address your questions: 1. The consultant hasn't listed any research design in this document. It is assumed that the "salvageJl excavation will be conducted to recover any and all materials which are encQuntered. 2. The consultant has proposed a bare minimum in the way of "salvage" and analysis. If excavation is the only alternative, sites such as CA-SDi-4358 normally require samples in the 10% to 20% size range to be statistically valid for research purposes. The excuse that large amounts of shell should limit the sample size is nonsense as most shell midden excavations only retain'small column samples of shell from each excavation unit. 3. This resource appears to be "unique" as defined by CEQA and therefore a mitigation plan is appropriate. As to the appropriateness of excavation data recovery as the form of mitigation to be employed, I feel that this should only be considered as a last resort. Any plan which preserves the resource intact is always the preferred alternative. Although it is not really relevant to the present discussion, the use of the term "sal vage" implies that there is no chance of preserving the archeological resource and that the scientific community will be lucky to obtain any data from this resource before its destruction. The term "mitigation" is much preferred. If you have any questions regarding this analysis or what would be required in the way of project redesign or site capping, please feel free to contact me at (213) 825-1980. Sincerely, .' Adrienne Landers Assbciate P lanm~:r Planning Dep~rtment City of Carlsbad Dear Ms. Lander~: I appreciate your asking me to evail;l{!!te. the E. I •. R.., for si te W-108. Unfortunately, I am currentiy cha.irperson, ,of m'y department and will be totally swamped with work a,t le~st until next June. Therefore, it w+J;.'!.notbepos.$ible for me to meet your deadline for comments of November ~1~ 1988. I am very sorry. The Palomar College ArchaeolQgical,Laboratory ~l:;-chive' is maintait:ling copies of all. enviro~men'tal reports' from North County that dea.'!. w'ith archaeology. Wec,urrently haVe nearly 500. It would be very helpful to us anq·to the next. ,'generat~on of archaeologists if you could send me a copy of, . ,all such reports that qome your way. AI?, you may know, rio ' government agency in San DiegoCo4nty other than. Palomar Colleg~ has a long term commitment to this ,sort of a~ archiving program. Sinc~rely, ,Dennis O'''Neil ",. WESTEC Services "'" . An ERe International Group 5510 Morehouse Drive, San Diego, CA 92121-1709 (619) 458-9044 Ms. Adrienne Landers Planning Department City of Carlsbad 2075 Las Palmas Drive Carl?bad, CA 92008 88-1464-E November 30, 1988 Re: Response to comments on Literature Review and Testing Program for Site SDi-4358 (\V-108) Dear Ms. Landers: Thank you for the opportunity to respond to the reviewers comments for the Archaeological Testing Program and Literature Review for Site SDi-4358 (\V-108). It should be noted that the Data Recovery Program for SDi-4358 (W-108) was not included in the reviewer's packages. My response-to comments are listed by reviewer. _ Response: Dr. John Ford The goal of the program is the excavation of a 5 percent sample of the primary site area as stated within the program. If necessary, the developer has agreed to excavate up to a 15 percent sample. Dr. Brad Bartell Dr. Brad Bartell is requesting that more units be excavated during the testing phase, as well as additional radiocarbon dates be run to determine if the site is a significant site. In addition, Mr. Bartell requests to directly tour the geographic localities, inspect the artifacts and interview the personnel involved with the project. Response: I respect Dr. Bartell's caution, but the testing program is the same used for the County of San Diego and the City of San Diego. Site SDi-4358 (W-108) is an important resource and under state and federal guidelines it is required that a minimal testing program be conducted to not destroy or severely impact the resource peing evaluated. Mr. John Parker I regret that Mr. Parker was not sent the Data Recovery Program with the research design, which would have answered many of his questions. The full range of mitigation possibilities includes avoidance or a data recovery program, or a combination of both of these alternatives. Redesigning the project has been previously discussed, al1d it should be noted that the prehistoric resource is situated within the center of the remaining project site. The proposed project is infeasible without impacting this important resource. The project has also been redesigned to allow 30 percent Qf the property for open space due. to slopes and vegetation requirements. . Ms. Adrienne Landers November 30, 1988 Page 2 As to sample size there is no magic formula as to the right sample size. In San Diego County, the major excavations rarely achieve a 2 percent sample much less a 5 percent sample. I feel that Carlsbad should require 5 percent excavations wherein at least a minimal data base could be achieved on these important cultural resources. Also, it has been out practice to use all of the shell from select sample units for analysis. Subsampling a sample. (Le., using a column sample for shell analysis) has not been proven to be a reIi~ble sampling method. . Mr. Dennis O'Neil No comment necessary. It has been our practice to send the Palomar College Archaeological Laboratory Archive copies of WESTEC reports. Please feel free to contact me should you have additional questions or comments. Best regards, ~iS ~allegOS Project Manager DG/dp "" 6) STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Gov~rnor NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 288 SACRAMEr:.nO, CALIFORNIA 95814 (916) 322-mJanuary 18, 1989 Ms. Adrienne Landers City of Carlsbad 2075 Las Palmas Drive San Diego, CA 92009 SUBJECT: VIEWPOINT, CT 85-34, EIA PART II, SCH # 89011109 Dear Ms. Landers: Thank you for this opportunity to respond to the request for comments on SCH # 89011109, the Viewpoint project. '- Upon review of the mitigation measures proposed in the EIA, two important concerns have not been addressed. The first is what does the City of Carlsbad plan to do, "in the event of discovery of human remains," and what will the City do if those human rem~ins are identified as being Native American? Also of concern is whether or not any Native American tribe,group, or individual(s) has been contacted for input regarding the significance or lack of significance of any recorded or unrecorded cultural resources within the proposed project area? For your information and future reference I am enclosing a copy of the Native· American Heritage Commissions', "A PROFESSIONAL GUIDE." The Guide provides a brief outline of what to do "in the event of discovery of human remains." There are also excerpts from state statutes, Health and Safety Codes and the Public Resources Code that can be used as resource guides. In future EIA/EIR's for proposed projects, NAHC recommends that you include these steps as part of the mitiga:tion process. To assist in determining wh'ich tribal organization is the most appropriate, you may want to contact the Southern California Agency office of the Bureau of Indian Affairs. Their address is: Bureau of Indian Affairs, Southern California Agency, 3600 Lime Street, Ste. 722, Riverside, CA 92501 ,-ATTN: Tribal Operations .. Again, thank you for this opportunity to provide our comments and concerns. If you should have any questions please do not hesitate to contact this office. Sincerely, ----caJ~ft-<uy Earl T. Green, Jr. Program Assistant @ ... WHAT TO DO . ,., :.:~ The following actions must be taken . ·1 immediately upon the discovery of ~.,. ... '.": :. ~ r~ J;t, .;~~ , • ~"'1-t A RESOURCE GUIDE FOR: CORONERS. NATIVE AMERICAN MOST LIKELY DESCENDENTS CITY AND COUNTY PLANNERS PROPERTY OWNERS DEVELOPERS .. ' . ,"'" ,', .. ~.~~ .~-" , . remains at a construction site: a) ... ,~, b) Stop work immediately and contact the County Coroner. . The Coroner has two working days to examine remains after being notified by the person responsible for the excavation. If the remains are Native American, the Coroner bas 24 hours to notify the Native American Heritage Commission. c) The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American. d) The most likely descendent has 24 hours to make recommenda- tions to th.e owner, or represen-ta~ive, for the treatment or disposition, with proper dignity, of the remains and grave goods. e) If the descendent doesn't make recommendations within 24 houfs the owner may reinter the remains in an area of the property secure·fr()m further disturbance, or: If the owner doesn't accept the descendent~s recommenda- tions, the owner or the descenden~ may request mediation by the Native American Heritage Commission. .. ~ ., t7~; :: :··;·i;~f4;t:'F:;.r" "~. ., ~. ". l' ... .• . .. : .. -i . ~ .. ,',. ~ ",. • .~". ...... L' r~;~~~~v;,-=~ . I ~,. I' I .... :- .1'1.; '.'i:<.:, ... ' :.. ", H .~" •• FOR ADDITIONAL INFORMATION: i:,J: iI .. • ,. ". "'f • ." A PROFESSIONAL GUIDE FOR THE PRESERVATION AND PROTECTION OF NATIVE AMERICAN REMAINS AND ASSOCIATED GRAVE GOODS call the NATIVE AMERICAN ," .. :.:,,-.' HERITAGE COMMISSION .':.,~.:\.".; at (916) 322-7791 or write to: ~. ?ublished by the ". ' r -,.,I~~::'J c:: ~~ ~t • ,'\ ~ , ~... " California f' • NATIVE AMERICAN HERITAGE ;.~~\ ,:", '. ,', 'Natlve:American . ',: ." ";"". -. COMMISSION . "', ...... ';~:::'~"'. .., . Herila~ Commission :'" .": . " ,·"'15 Capl'tol Mall Room 288· ' -.~.:'... . . .. >';"" :"',:. :t;:'.:~·2/88 r·'·,', ... ~ or,," "7 ,t --;"" . , •• , .1.-1 .... ' "". ... .. -! ..... "'~""""'.~I. ~ -<. .. !..-:.J ......... .:.l'; ~._I'M-,.i,.. .~.J. • , , .. ' ~<k. .. . l.:;~::,~:,.c.:':' .. Silcramento,CA 95814 '"',., .;., (jEORGEDEUKMEJIAN,~r . . ~iJ ~:,.~~\.'; '. ..' "'.1.: ,: ,.'." .. '~: :,.;, . , ~.'. ~. . ""~,,,: "'~!:lti'q,<) " ~~",~,;!.,-;l.=,.,<·dt"1n'i:w~~;;"""-;(;:l~~""-~~...:.,;-.;')(:: ... w:.u",,. !J,il.,,--.:l'-."' ......... J~""".~ .. ~~'r:.,.~""-'Il,,;,;; .... i\.illigaii<h;. '- r " ;:. (. \' The following excerpts from California law concerning Native American remains are provilled for your reference: From Chapter 1492, Statutes of 1982, which added Section 7050.5 10 the Health and Safety Code, amended Section 5097.94 of the Public Resowces .... '; Code and added Sections 5097.98 and 5097.99 10 the " Public Resowces Code: ';,~ (a) The Legislature finds as follows: ~ . (1) Native American human burials and skeletal , remains are subject 10 vandalism and 'inadvertent destruction at an increasing rate. (2) Srate laws do not provide for the protection of these burials and remains from vandalism and destruction. (3) There is no regular means at this'time by which Native American descendents can make known their concerns regarding the treatment and disposition of Native American burials. skeletal remains, and items associated with Native American burials. (b) The purpose of this act is: (1) To provide protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction. (2) To provide a regular means by which Native American descendents can make knoWn their concerns regarding the need for sensitive treatment and disposition of Native American burjals, skeletal remains, and items-associated with Native American burials. From Section 7050.5 or the Health and Sa(ety Code: (b) in the event pf discQvery m-recognition of any human remains in any location'oiher than'a dedicated cemc:ICry, Ihere shall be no Cunher excavation or distUJflance of the site or any nearby area reasonably suspected '10 omIie adjacent remains mill the cormer of the County in which the human remains-are discovcmI has deIermined, in acconI3nc:c with ~ 10 (commencing with Section 274(0) of Part 3 of .' Division 2 of TJIIe 3 of the Government Code, that the remains arc not subject 10 ,the prov~ of , .-.... " i _ r ., ,,;~, ~t~ Section 27491 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of any dcath, and the recommendations concerning the treatment and disposition of the human remains have been made 10 the person responsible for the excavalion. or 10 his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resowces Code. The coroner shall make his or ,her determinalion within two wOOcing days from the time Ihe person responsible for the excavation. or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remams. (c) If the coroner determines that the remains are not subject to his or her aulhority and if the coroner recognizes Ihe human remains 10 be those of a Native American, or has reason 10 believe that,they are those of a Native American, he or she shall conlaet, by telephone wilhin 24 hours, Ihe Native American Herirage Commission. From-Section 5097.94 or the Public Resources Code: The commission shall have the following powers and' duties: • •• (It) To mediate, upon application of either of Ihe parties, disputes arising between landowners and known deScendents rclaling 10 the treatment and disposition of Native American human burials, skeletal remains, and items associated wilh Native American burials. The agreements shall provide proteCtion to 'Native American hum;m buriaIs and' slccletal·reinains from vandalism and ~venent destrucli9n aiK! provide for sensitive. treatment and disposition, of Native American burials. skeletal remai~, and associated grave goods consistent with Ihe planned use of, or the, approved . project on, ~ land. (I) To assist interestediaqdoWners in developing agreenienlS with aPpropriate N,ilive American groups for tre;lting or disposing, with appropriate'dignity, of the human remains and any ilCmS associated wilh , Native American burials. • l' 'r, .' ~. From Section 5097.98 of the Public Resources Code: (a) Whenever the commission receives notification of a discovery of Native American human remains. from a county coroner pursuant 10 subdivision (c) of Section 7050.5 of Ihe Health and Safety Code. it shall immediately notify those pe!OUns it believes 10 be most likely descended from the deceased Native American. The descendents may. with the . permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American remains and may recommend 10 the owner or the person responsible for the excavation work means for treating or disposing, wilh appropriate dignity. Ihe human remains and any associated grave goods. The descendents shall complete Iheir inspection and make their recommendation within 24 hours of their notifICation by the Native American Herirage Commission. The recommendation may include the scientific removal and nondestructive analysis of human remains and items asSociated wilh Native American buriaJs. (b) Whenever the commission is unable 10 identify a descendent, or the descendent identified fails 10 make a recomm~ndation, or the landowner or his or. her aulhorized represenrative rejects Ihe, recommendation of the descendent' and the mediation provided for in subdivision (It) of Section 5097.94 fails 10 provide measures acceprable 10 the landowner, the landowner or his or her authorized representative shall reinter the human remains and items associated with Native ~erican buriaJs with app-opriate dignity on:the property in a location not subject·to further subsurface disturbance. " ' ~ "~~~N.~ 1~':"1o ... ~.1 {~) S8 447 (Chapter 404, Stalutes of 1987): On January I, 1988, Senate Bill 447 went into effect I .' This legislation amended Section 5097.99 of the Publi f" . Reso~ Code, making it a felony 10 obtain or i: ;~ poosess Native American remains or associated 'grave ,,', goods: ,'. ' . , , ' , ;'.~~(~) 'No~~~or~'~YN~~ r. ;:' American artifacts or human remains which are talccn ".: ' from a Native American gmve or cairn on or after I January 1. 1984, except as OIherwise provided by law \' in accordance with an agreement reached pUrsuant'lO , subdivision (1) of Section 5097.94 or pursuant 10 Section 5097.98. '(b) Any person who knowingly or 'willfully obrains ( possesses any Native American artifacts or human ' remains which are taken from a Native American gra\' or cairn after January 1. 1988, except as othetwise provided by law or in accordance with an agreement reached pursuant 10 subdivision (1) of Section 5097.94 or pursuant 10 Section 5f117.98; is guilty of a felony which is punishable by imprisonment in the state prison. (c) Any person who removes. without authority of law. any Native American artifacts or human remains from a Native American gmve or cairn with an intent t sell or dissect or wilh maIiee or wantonness is guilty 01 a felony which is punishable by imprisonment in !he state prison. ·:~;)~~<t!· ~'f::i:'.~"~'· ; ""~ , ...... all' , .. \ ~.~; l ~.:. ~"······"i·I~""io.::~ -''''~ i.n~h Stre~t, Rm. 121, sacramento,' CA 95814 ., 916/445'0613 See NOTE .elOlji I SCH' 8 g..u 1 1 1 0 9 I. Project Title _..lV~I!I!!1OIlI,Ijx;i~n~t __________________________________ _ 2. L.1Id AveneY: tlty of e. .. \sbtd 3. Contact Perlon: _.llAi9.d .. !:.!i~ennt~.:!I-'LIo.!'!!lncle!2ru:"1S-",, _____ _ la. Street A~ ... : 2972= Ly 'I"",!" Ort., 3b. City: ____ --!:Cs; ... !:.!lo!sbtd!!!!:!..... ___ ..,.... _____ _ 3c. ClUtt.,: ___ ....i'.t!ll..l/.0lJI!IOIIIl!.---_____ 3d. Zip: 92009 3 •• PhOM: _(!.116~1~9lI-.:::43~§t,;,·.!_11~6~1 ______ _ PROJECT bOCATlCIII 4. CCUtcy: _~S.l!"'IU!;PJJlmEllll. ________ 4 •• Clty/COIIIIUllty: -l;C:s.~rlW!s.!!ibtdll!:!... __________ _ 4c. section: Twp. ____ Range ______ _ 'or Rural, 5b. "e.reat COIIIIUIlty: _..Jo;Ca!! .. ~I!!.NdOl!·£.. _____ ---- 6. Within 2 .1 lea of: •• St.t. Hwy 110. __ -101.;..,51.... ____ _ b. Alrporta _.P ... ILli.~r~ _____ c. Wat.rway. ____ _ 7. !?OC!.!!f!!T TIp( 01 _ IICP S. bQCAl ACTIO!! TYPE ~! _ Cetwral "l~ ~t. 02 _ ...... EIlNnt 10. pCYebOP!!ENT TYPE 01..J...llealdential: Unit. __ ..l90:l!-_ Acr .. __ 4:!l01.-__ _ 02 _ Offlca: Sq. Ft. _______________ __ 02 _ Ear!y Con! 03..J... II .. Dac: 03 _ GMMrtl PI," AMndnItnt Acrea E~loy", _______ _ 04 _ "eaflr Plan 03 _ ShQIIPInt/C_rclal: Sq. ff. _________ _ . 04 _ Dr.ft EIII OS _ S\4:IPI_t/ S\.tII~t EIII (If 10, prior $CII , ---) 06 _ lIotica of Infant 01 _ !rwlr. A .. a_tl FOIlS 1 OS _ Dr.ft Ell mn 09 _ Info ... tfon enly 10 _ " .. I Doc_t 11 _ OtlMt': ___ _ os .:.... Amex.tlon 06 _ Sptclflc PI", 01 _ lIedt ... 1 cpwIt OI..l!..lItzone Q9 .L LInd Division (SWldfvl. I on, Percil MIfl. Tracf "Ifl, Ite.l 10 _ U •• Pemlt 11 _ '_II AI PrH.rve 12 _ Other ___ _ 9 TOTAl ACRES: _~40!l..- ", pROJECT ISSYes Pl§MSEO III OS!CUM§NT 01 ..!.. Aesthetlc/Vi_1 02 _ Alrlcuhunl La 03 ..!... AII' Quatlty 04 ..J.... Arch_IOlical/Hlatoclcal/ P.ltontolotlcal 05 ..!... COHtal 06 _ fira Hu.rd OS _ GeolOfic/Stllllllc 09 _ JobaIH_in; latlnCl 10 _ "Ineraltl 11 ..J... lIei •• 12 ..l.. PWllc ServlcH 13 _ SchO<lI. 14 _ Septic $ytlt_ Aerea ___ E.,.,loyMl ____________ _ ci4 _ '",*-trl.l: Sq. Ft. ---_"...,i'!FT~;O""~,.,...--..;..- Acl" .. ___ _ 05 _ S-: MGD -----I:.;¥o--~~_-.lOoo&\_-- 06 _ Water: MGD ------~~:-.&I;.wJ~~~-4lIiIl-- 07 _ Tr_portatlcn: Typt -l~_~IIl!l"';;;""'::";':""'_&;;l~_ OS _ Mlner.1 extraction: "I . 15 ..L S_r Capacity 16 ..L Soi I Eroalon 17 _ Solid lIatlt. la _ Toxic/HazarOous 22 _ Water Supply 23 _ W.tlandlRlparlln 24 ...!,.. Wildt ite 25 _ Grat.tth, Irducin; 19..l.. Trafflc/Clrcul.tlcn 26 _ lne~tibl. Lenduse 20 ..J... V~tatlon 27 L ClAIlatlv. Effects. 12 F\iI!!ltllG (ewOll.) Federal 1, ____ _ Statl S, ____ _ Totti $, _____ _ '3 ?REU!!l tAl!!) US! All) ZOIIING: Vacanf' LC (LiMited Control) 14 ~.QJE!jT RCsqlPTI2!Ilf 90 lot Nldlvl.fon on 40 ter ... 916445-0613 REV'l:Fll BEDAN: L-jO -'?1 DEPl' ReV TO Aam::!: ;;., -..B-. AGOOI REV TJ SCH: L -...:1- SOH CCMPLIAI'l'CE : ,;2 -'1 PLEM'E kt!ii'URN U:i! WITH AI.!. CCMSIDiTS Resources A~1D/APCD:;2.7 (l?lle Date: f / i'i ) FAX 'l"E:U:PHrnC: 916-323-314g-- # Resources I • RWQCB# q = -;-CaltrWlf -fL- 'L' ;.1 •• • _STATE OF CAlIFORNIA-OFFICE OF THE GOVERNOR GEORGE DEUKMEJIAN, Governor . OFFICE OF PLANNING AND RESEARCH 1400 TENTH ~TREET SACRAMENTO, CA 95814 Adrienne Lenders 2075 Las Palm as Drive Carlsbad, CA 92009 Subject: Viewpoint/ SCH# 89011109 Dear Ms. Lenders: . ' .. ~ .. , February 9, 1989 The State Clearinghouse submitted the above named proposed Negative qeclaration to selected state agencies for review. The review period is closed and the comments of the individual agency(ies) is(are) enclosed. Also, on the enclosed Notice of Completion, the Clearinghouse has.checked which agencies have coamented. Please review the Notice of COmpletion to ensure that your comment package is complete. If the package is not in order, please notify the State Clearinghouse immediately. Remember to· refer to the project's eight-digit State Clearinghouse number $0 that we may respond promptly. Please note th.at Section 21104 of the California Public Resotll'ces Code requires that: iia responsible agency or other public agency shall only make. substantive comments regarding those activities involved in a proj ect which are wi thin an area of expertise of the agency or which are required to be carried out or approved by the agency." Commenting agencies are also required by this section to support their comments with specific documentation • . . .'.r:-nese c.o.mments are' .forwarded. for· your 'use in' adopting your,·Negative.-... ; Declaration." If you ngect more information or clarification, we 'recommend that you contact the commenting agency at your earliest convenience. This letter acknowledges that you have complied with the State ClearinghoUse· review requirements for draft environmental documents, pursuant to t~e California Environmental ~lality Act. Please contact Garrett Ashley at. 916/445-0613 if you have any questions regarding the envi~onmentat review process. Sincerely, ~~fl!--~ I::avid C. Nunenkamp Chief Office of Permit ASsistance cc: Resources Agency Enclosures @" . ~.-.. '" . . , :,,; , (' I ..... •• St~lifornia The Resou;ces Agency ~"Memorandum To 1. Projects Coordinator Resources Agency 2. City of Carlsbad Planning Department 2075 Las Palmas Drive San Diego, CA 92009 Date February 1, 1989 From Department of Fish and Game Subject : Mitigated Negative Declaration: "Viewpoint". Project, San Diego County -SCH 89011109 The Department of Fish and Game biologist familiar with the project area has reviewed the Mitigated Negative Declaration for the Viewpoint Development consisting of 90 single-family residences on a 40.s-acre parcel located northeast Qf El Camino Real and Alga Road within the City of Carlsbad. The entire site drains to the south toward Batiquitos Lagoon, and the project would result in loss of 24.8 acres of native chaparral and scrub vegetation and 0.5 acre of oak woodland. We offer the following comments and recommendations to offset adverse impacts to the native vegetation and nearby Batiquitos Lagoon: 1. The biological survey used as the basis for the project's environmental analysis was conducted five and one-half years ago in August 1983. During this period native coastal sage scrub habitat, has dramatically decreased in the State due to development, resulting in the rapid decline of the black-tailed gnatcatcher in San Diego County .. The gnatcatcher is presently undergoing formal review by the U.S. Fish and Wildlife Service for )isting as an endangered species. There is reason to believe that the black-tailed gnatcatcher may be breeding on the project site. Because of the decline of this species and loss.of habitat since 1983, the Department, therefore, recommends that a survey be conducted to determine the presence or absence of this species and nesting locatidns, if any, on the project site prior to certification of the Negative Declaration. In the event the species and/or nesting locations are found on the site, we recommend preparation of a . Focused Environmental Impact R~port 1EIR) dealing specifically with cumulative effects of this and similar recent past and reasonably foreseeable future projects, tog~ther with mi tigation measures propos·ed to offset the effects of this project on the black-tailed gnatcatcher. One potential mitigation measure which must be explor~~9Fr~~~ such a Focused ErR would be to simply include prima;.l\~%frs't.o:~/", use by the gnatcatcher wi thin the proposed .1·3'. 2-acj(e;96peq, .. <~.> space lot( s) and to properly buffer and restrict q:c~ess. -'t!.o..~. ,:11 \;,\ these areas. Because of the increasingly cri tica/tfsta(lj~ ~~:.. ,'>'. the black-tailed gnatcatcher population, and bec~e (;;~~~.::-.( ,::.:'2) ~.]. I '.. • ~. ;'A' "«t}~'(1J i .~ J . \ .. \ ·(':'i~./. "V .'. ~./ \P",,>-:1(:' /"/ '\.~' I ~~ .. , '\ {;y ,. I' .~ \ ... '·· .. ~'"tl 1-1 r..~ \ . .:. . . ~~ ... , -i'" I • ~ ERe ~ ~ Environmental and Energy Services Co. Ms Adrienne Landers Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92008 JanuarY'30, 1989 5510 Morehouse Drive , San Diego, California 92121 Telephone: 619-458-9044 Fax: 619-458-0943 FEB t Re: Response to Native American Heritage Commission's Comments and Concerns Dear Ms. Landers: Native Americans are concerned with respect to their sites and burials. In addressing Native American concerns for "what does the City of Carlsbad plan to do, in the event o,f discovery of human remains, and what will the City do if those human remains are identified as being Native American?", WESTEC has previously submitted a Data Recovery Program which provides for encountering human burials (Section 1.11). As stated within the Data Recovery Program, Section 1.11: "There is the possibility that Native American Human remains will be encountered., Should human remains be encountered, the Principal Investigator shall contact the San Diego Coroner's office and the Native American H~ri tage Commission." ' "Prior to starting fieldwork at the Batiqui tos Ridge prehis,toric site, the Native American Heritage Commission will be contacted by WESTEC via letter for the purpose of identifying a Native' American who shall advise WESTEC of Native American concerns, should human remains be encountered. WESTEC field crews ,will be notified, prior to field work, that should they encounter human remains, they are to stop work immediately in the uni~ being excavated. The Native American advisor shall be contacted to review and to provide input as to further 'action. Alternatives for the disposition of human remains will include: (1) leaving human remains in situ; (2) removing human remains for analysis and curation; (3) removing human remains for analysis and reburial by Native Americans and (4) removing human remains with no analysis for reburial by Native Americans." 1 ~I Site SDi-4358 is identified as an important cultural resource, and under CEQA needs to be either avoided of impacts or a data recovery program to mitigate impacts needs to be conducted: Should a data recovery. program be conducted, WESTEC will contact both the Native American Heritage Commission and the Southern California Agency office of the Bureau of Indian Affairs to both not~fy these agencies of the proposed project and to request assistance in determining which tribal organization is the most appropriate to contact should human remains be encountered. WESTEC is aware of California Law, Chapter 1492, Statutes of 1982,Sections 7050.5 of the Health and Safety Code and amended Section 5097.94 of the Public Resources Cod~ and Sectiohs 5097.98 and 5097.99 of the Public Resources Code. WESTEC works with Native Americans on a regular basis, respects their rights and religious values and strives to maintain a good working relationship. Thank you for the opportunity to respond to Native American concerns. Should you have comments or questions p~ease contact me at 619-458-9044. Be~t---!'egards , (/~, ., \ ________ y..2~-z.---.....,..- Dennis Gallegos Project Manager 2