06 16 20 PWA_02_02 Exh2 - IS-MND

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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FAIRVIEw BRIDGE REPLACEMENT AND STREET IMPROVEMENTS w MAY 2020 (9TH STREET TO 16TH STREET) PROJECT J" SANTA ANA. CALIFORNIA cultural resource if it is included or determined to be eligible for inclusion in the California Register. The consultation provisions of the law require that a public agency consult with local Native American tribes that have requested placement on that agency's notification list for CEQA projects. Within 14 days of determining that a project application is complete, or a decision by a public agency to undertake a project, the lead agency must notify tribes of the opportunity to consult on the project, should the tribes have previously requested to be on the agency's notification list. California Native American tribes must be recognized by the NAHC as traditionally and culturally affiliated with the project site and must have previously requested that the lead agency notify them of projects. Tribes have 30 days following notification of a project to request consultation with the lead agency. The purpose of consultation is to inform the lead agency in its identification and determination of the significance of tribal cultural resources. If a project is determined to result in a significant impact on an identified tribal cultural resource, the consultation process must occur and conclude prior to adoption of a Negative Declaration or Mitigated Negative Declaration, or certification of an Environmental Impact Report (PRC Sections 21080.3.1, 21080.3.2, 21082.3). 3.18.2 Impact Analysis a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k) or A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. No Impact. The City submitted letters on April 11, 2018, notifying California Native American tribes traditionally and culturally affiliated with the Project area and vicinity about the proposed Project. No tribes requested consultation pursuant to PRC Section 21080.3.1. Because no responses were received from California Native American tribes, the proposed Project would not cause a substantial adverse change in the significance of a tribal cultural resource. No impacts would occur. The correspondence related to tribal cultural resources defined in PRC Section 21074 is included in Appendix A. Handling of previously unknown cultural resources or human remains discovered during construction is subject to State regulatory requirements and is included in Mitigation Measures CULT-1 and CULT-2, respectively. R:\WKE1702\ISMND\Final ISMND\Fairview Street Bridge Final ISMND.docx (05/26/20) 3-105