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SANTA ANA REZONE PROJECT <br />INITIAL STUDY/MITIGATED NEGATIVE DECLARATION <br />Agency, along with other relevant or Tribal officials, shall be contacted upon the <br />discovery of cultural resources to begin coordination on the disposition of the find(s). <br />Treatment of any significant cultural resources shall be undertaken with the approval <br />of the Lead Agency. No further grading shall occur in the area of the discovery until <br />the Lead Agency approves the measures to protect these resources. Upon <br />coordination with the Lead Agency, any archaeological artifacts recovered shall be <br />donated to an appropriate Tribal custodian or a qualified scientific institution where <br />they would be afforded applicable cultural resources laws and guidelines. <br />MM CUL-2 Stop Construction Upon Encountering Human Remains <br />In the event of the accidental discovery or recognition of any human remains, CEQA <br />Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public <br />Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during <br />the course of project construction, there is accidental discovery or recognition of any <br />human remains, the following steps shall be taken: <br />1. There shall be no further excavation or disturbance of the site where human <br />remains are discovered and/or any nearby area reasonably suspected to overlie <br />adjacent human remains until the County Coroner is contacted to determine <br />whether the remains are Native American and if an investigation of the cause of <br />death is required. If the coroner determines the remains to be Native American, <br />the coroner shall contact the Native American Heritage Commission (NAHC) <br />within 24 hours, and the NAHC shall identify the person or persons it believes to <br />be the Most Likely Descendant (MLD) of the deceased Native American. The MLD <br />may make recommendations to the City or the person responsible for the <br />excavation work within 48 hours, for means of treating or disposing of, with <br />appropriate dignity, the human remains, and any associated grave goods as <br />provided in Public Resource Code Section 5097.98. <br />2. Where the following conditions occur, the City or an authorized representative <br />shall rebury the Native American human remains and associated grave goods <br />with appropriate dignity either in accordance with the recommendations of the <br />MILD or on the project site in a location not subject to further subsurface <br />disturbance: <br />• The NAHC is unable to identify an MLD or the MLD failed to make a <br />recommendation within 48 hours after being notified by the commission. <br />• The descendant identified fails to make a recommendation. <br />• The City or an authorized representative rejects the recommendation of the <br />descendant, and mediation by the NAHC fails to provide measures acceptable <br />to the City. <br />FCS 47 <br />Https://adecinnovations.sharepoint.com/sites/PubiicationsSite/Shared Documents/Publications/Client(PN-JN)/D327/03270D47/ISMND/0327D047 Santa Ana Rezone Project ISMND.docx <br />