SMB

Environmental, Inc.
P.O. Box 381
Roseville, CA 95661
916-517-2189

Date:

To:




From:





Subject:

Technical Memorandum

May 12, 2015

Cedric Irving, Environmental Scientist
Ahmad Kaskoli, Senior Environmental Scientist
State Water Resources Control Board
Steve Brown, Principal SMB Environmental, Inc.
Daniel Shoup, Professional Archeologist - Archaeological/Historical Consultants
Steve Kirkpatrick, City Engineer City of Pleasanton, CA
Section 106 Cultural Resource Issues with City of Pleasantons Recycled Water Project

This Technical Memorandum provides an update to the June 2014 Section 106 Cultural Resources
Investigation Report and the February 2015 Update Section 106 Cultural Resources Investigation Report
that was prepared by SMB Environmental, Inc. (SMB) for the City of Pleasantons (City) Recycled Water
Project (Proposed Project/Action). The February 2015 Update Section 106 Cultural Resources
Investigation Report was intended to address potential adverse effects on cultural resource areas
known as P-01-000066 ( CA-ALA-46) and P-01-000139 (CA-ALA-413), which are of special concern to the
Office of Historic Preservation (OHP). The purpose of this Technical Memorandum is to further
demonstrate that the Citys Proposed Project/Action will have No Adverse Effect on areas CA-ALA-46
and CA-ALA-413.

Please note that this report contains sensitive data that should not be distributed to the public.
Archaeological site information is exempted from public disclosure under California Government
Code 6245 & 6254.10. This report may be provided to those with a genuine need to know (e.g.,
regulatory agencies, architects, etc.). Other distribution is not authorized.

PROJECT DESCRIPTION SUMMARY

In summary, the City proposes to install pipelines for the distribution of recycled water throughout
the City of Pleasanton. As discussed in the Proposed Project/Action Description and Area of Potential
Effect (APE) in the original document(s) mentioned above, the proposed construction would basically
include approximately 22-miles (115,200 linear feet) of pipeline ranging inform 6-inches to 18-inches in
diameter and would be placed primarily within existing paved roadways throughout the City. In
addition, the Proposed Action would also include 3.2 miles (16,500 linear feet) of existing pipeline that


will be repurposed from abandoned or existing potable pipelines. The construction techniques would
be primarily using open-cut trenches approximately 3- feet wide and 6- feet deep. Further and as
described above, all creek and/or drainage crossings would be constructed using trenchless
construction techniques.

EVIDENCE AND RATIONALE SUPPORTING THE NO ADVERSE EFFECT

POSITION
As part of the Section 106 cultural resources investigation process, a records search was conducted
through the Northwest Information Center (NWIC) at Sonoma State University. On May 5, 2014, NWIC
issued NWIC File #: 13-1672, which identified five known cultural resources within the Proposed
Action alignment, including two prehistoric sites, two historic canals, and a historic railroad
alignment. In addition, 41 prior cultural resources studies have covered approximately 75% of the
Proposed Action alignment. Of particular concern to the OHP is the Citys Proposed Projects ability to
adversely affect CA-ALA-46 and CA-ALA-413. Each is discussed separately below.

CA-ALA-46

What follows is a discussion of the relevant background information, rationale and evidence supporting
the No Adverse Effect position, and the conclusion for the cultural resources identified as CA-ALA-46.

RELEVANT BACKGROUND INFORMATION FOR CA-ALA-46

As shown in Attachment 1, CA-ALA-46 is a prehistoric site, which is located on NWIC maps approximately
100-feet east of the Proposed Project/Actions alignment within the south side of Stoneridge Drive.
Previous trenching in 1991 identified it as a buried and disturbed site consisting of one pre-historic
Native American burial, one funeral bone tool, fauna, and fire-cracked rock. According to the site
record, the resource is located 20-feet south of the intersection of Point Way and Glenn Isle Avenue on
the western edge of parcel A, along the western side of Glen Isle Avenue in Tract 6164 of the Stoneridge
Place Development. As defined, the CA-ALA-46 has a horizontal buffer of 100-feet from the Proposed
Project/Actions pipeline alignment. Further, the size of the site is approximately 67.2 meters (north to
south) by 0.6 meters (east to west). The surface elevation of the site is 344 above mean sea level and
the resource is buried 150 centimeters or approximately 5-feet below. Figure 2 in the February 2015
Update Section 106 Cultural Resources Investigation Report provides the best estimated location of CA-
ALA-46 based on these records and field surveys conducted most recently on January 27, 2015 by Dan
Shoup, a professional archeologist assigned to this project. Figure 2 is also provided for your reference in
Attachment 2 of this Technical Memorandum. Summarized below is the relevant background
information.

THERE WILL BE NO EXCAVATION WITHIN THE AREA DELINEATED BY CA-ALA-46
Previous trenching in 1991 identified CA-ALA-46 as a buried and disturbed site consisting of one pre-
historic Native American burial, one funeral bone tool, fauna, and fire-cracked rock. According to the
site record, the resource is located 20-feet south of the intersection of Point Way and Glenn Isle Avenue
on the western edge of Parcel A, along the western side of Glen Isle Avenue in Tract 6164 of the
Stoneridge Place Development. Furthermore, the size of the site is approximately 67.2 meters (north to


south) x 0.6 meters (east to west). The surface elevation of the site is 344 above mean sea level and the
resource is buried 150-centimeters or approximately 5-feet below. With this placement, the proposed
project is located approximately 100 feet from the known location of CA-ALA-46 as identified by NWIC.
Additionally, Attachment 4 provides the drawings for Stoneridge Tract 6164. Of particular note, the
drawing referenced as Sheet 8 of those drawings shows the centerline grade of Stoneridge Drive at
Stone Pointe/Newton intersection to be at elevation 347 and placed on 6-feet of fill material. As a result,
there is an 8- to 11-foot vertical buffer from the Stoneridge Drive road surface and the top of the
cultural deposit. With the Proposed Project/Action extending to a depth of 3- to 6-feet, there is a
sufficient vertical buffer to avoid impact to the prehistoric site of CA-ALA-46. In summary, the planned
trenching for the Citys Recycled Water Pipeline will be located outside the site boundary as identified
by NWIC in NWIC File #: 13-1672 as CA-ALA-46 (Attachment 1).

CONCLUSION FOR CA-ALA-46
The Proposed Project/Action will have No Adverse Effect on the resource known as CA-ALA-46 and no
excavation will occur within the area identified by NWIC as CA-ALA-46. There is approximately a 100-
foot horizontal buffer from the Proposed Project/Actions alignment in Stoneridge Drive to the CA-ALA-
46 site boundary as identified by NWIC. Further, there is an 8-11-foot vertical buffer from CA-ALA-46
and the top of Stoneridge Drive. Given that the Proposed Project/Action would be constructed at a
depth of 3-6 feet, there is a sufficient vertical buffer to avoid intersecting the known depth of CA-ALA-
46. In short, the Proposed Project/Action will avoid intersecting both horizontally and vertically with CA-
ALA-46, thus resulting in no impacts to the cultural resource.

CA-ALA-413

What follows is a discussion of the relevant background information, rationale and evidence supporting
the No Adverse Effect position, and the conclusion for the cultural resources identified as CA-ALA-413.
Based on this information, the Section 106 investigations, as identified above, recommended a series of
mitigation measures and concluded that with the implementation of those mitigation measures, that the
Citys Proposed Project/Action would have No Adverse Effect on this resource and cultural resources
throughout the Propose Project/Actions APE. However, the OHP requested additional efforts to clarify and
justify the No Adverse Effect conclusion on CA-ALA-413. What follows is the result of these additional
efforts, which included going through the As-Built Drawings of the New West Positas Boulevard and other
constructed projects in the APE from the Citys archives.

RELEVANT BACKGROUND INFORMATION FOR CA-ALA-413
As shown in Attachment 3, CA-ALA-413 is a prehistoric mound site that was identified as being located on
the western side of the intersection of Las Positas Road and the Iron Horse Trail (formerly the Southern
Pacific Railroad). It is important to point out that Las Positas Road is now known as Ithica Way on Google
maps and was never extended and is not the same road as the New West Las Positas Boulevard that was
built in 1982. It was re-routed in order to by-pass CA-ALA-413 as part of the Hacienda Business Park
development. Also adding to some confusion is that Las Positas Road is sometimes referred to as Las Positas
Boulevard and/or West Las Positas Boulevard in several of the documents contained within this report. For
simplicity, we are referring to the Las Positas Road (now Ithica Way) as the Original Las Positas Road and
the existing Wet Las Positas Road as the New West Las Positas Boulevard. Previous trenching for a water


pipeline in 1978 uncovered a midden site 100 meters (m) in length, buried under 50-100 centimeters (cm) of
alluvium, and extending to 270-cm below ground surface. Over 30 human burials were also discovered.

THERE WILL BE NO EXCAVATION WITHIN THE AREA DELINEATED BY CA-ALA-413
Further research has revealed that the New Las Positas Boulevard is north and completely outside of
CA-ALA-413. NWIC File # 13-1672 was prepared in 1978 as a result of CA-ALA-413 being discovered
while a water agency was excavating for a new water line on the west side of Southern Pacific Railroad
right-of-way which is now the Iron Horse Trail. The excavation was parallel to the tracks. Site Record
CA-ALA-413 includes two maps that delineate the CA-ALA-413 area. The map also shows that the
Original Las Positas Road to dead-end on the east side of the Southern Pacific Railroad tracks. In this
site record, it does appear and implies that if the Original West Las Positas Boulevard was extended
west over the Southern Pacific Railroad tracks it would have crossed the delineated area known as CA-
ALA-413. However, it was not extended and this subsequent and more detailed research reveals that the
street shown as Las Positas Road in the 1978 site record was never extended to the west through the
CA-ALA-413 area. Instead, what was Las Positas Road in 1978 remained a dead end street and is now
referred to as Ithica Way on Google Maps. An entire New West Las Positas Boulevard was constructed
in 1982 to the north of the Original Las Positas Road and does not enter and completely avoids the
horizontal boundary of the CA-ALA-413 delineated area by approximately 70-feet. The following
discussion and referenced/attached construction drawings for the Original Las Positas Road and the
New West Las Positas Boulevard illustrate these findings:

Attachments 5 and 6 - The 1971 improvement plans for Subdivision Map 3232 and 3290 titled,
Las Positas Unit 1 and Las Positas Unit 2. This development is east of the Southern Pacific
Railroad right-of-way, and south of the New West Las Positas Boulevard. These plans show the
construction of a portion of the Original West Las Positas Boulevard between Santa Rita Road
and the east side of the Southern Pacific right-of-way. This is the roadway that is shown on the
1978 NWIC Site Record P-01-000139 (CA-ALA-413) as Las Positas Road. These plans show that
the Original West Las Positas Boulevard (i.e. Las Positas Road now Ithica Way) at this time was
20-feet wide and constructed on fill soil varying in depth from 4- to 6-feet.

Attachment 7 - These June 1982 plans prepared by Bissell and Karn for the North Pleasanton
Improvement District show the construction of the New West Las Positas Boulevard between
Santa Rita Road and the Southern Pacific right-of-way. These plans also show that the New
West Las Positas Boulevard was constructed parallel to and north of the 20-foot wide Original
Las Positas Road that was constructed in 1971. These plans show there is approximately 25-feet
of landscaped area between the Original Los Positas Road and the New West Las Positas
Boulevard, and includes the construction of a sound wall in this area. They also show
installation of a cul-de-sac at the west end of the Original 1971 Las Positas Road, with this
Original Las Postias Road then only serving the development that was constructed south of it
in 1971. The New West Las Positas Boulevard is 88-feet wide and includes a 10-foot wide
median, fill material varying in thickness from approximately 4-feet at Santa Rita Road, and 10-
feet at the Southern Pacific Right-of-Way. This New West Las Positas Boulevard is the street
that is in use today and will be the roadway in which the Citys proposed Recycled Water Project
would be placed.

Attachment 8 - These February 1982 plans, prepared by Bissell and Karn, are for Parcel Map
3858 titled, Hacienda Business Park. These plans are for the development of the entire
Hacienda Business Park (HBP) area, which includes the construction of the New West Las
Positas Boulevard west of the Southern Pacific Railroad right-of-way. Before the development
of the HBP the area west of the Southern Pacific Railroad right-of-way were farm fields. Sheet 9
of the HBP plans show the New West Las Positas Boulevard from Stoneridge Drive east to the
Southern Pacific right-of-way. The plan view at the top of Sheet 9 shows the street width to be
88-feet curb to curb, with a 10-foot wide landscape median matching the dimensions shown in
Attachment 7. The profile view at the bottom of Sheet 9 shows the New West Las Positas
Boulevard to be constructed on more than 10-feet of fill at the Southern Pacific Railroad right-
of-way, with the fill thickness decreasing to the native grade approximately 750-feet west of
the Southern Pacific Railroad right-of-way. Page 39 of the 1982 HBP plans identifies the CA-ALA-
413 area that was mapped in 1978. As shown on Sheet 39, CA-ALA-413 is located within the
triangular property south of the New West Las Positas Boulevard. Next to the area shown on
Sheet 39, there is a note that no excavation will be allowed in this area. Please compare Sheet
39 to CA-ALA-413 site records and maps provided in Attachment 3. Sheet 39 also shows the
whole triangular area is to receive fill material sloping up toward the railroad right of way, just
as is shown on the profile view of the roadway on Sheet 9. This grading in affect protected the
CA-ALA-413 area by burying it under 10-feet of fill material. In addition, Steve Kirkpatrick, City
Engineer, had a personal communication with Michael Cooper (925-245-8788) on April 21,
2015. Michael Cooper was an engineer at Bissell and Karn who prepared the 1982 plans for the
Hacienda Business Park. His initials are on each page of the HBP as-built drawings in
the checked by box. Michael Cooper confirmed that the New West Las Positas Boulevard as
shown on the plans was located to avoid the prehistoric midden (CA-ALA-413) found in 1978.

Attachment 9 shows Sheet 9 of the February 1982 plans for Parcel Map 3858 titled, Hacienda
Business Park with colored hand drawings to clarify the detailed information above more
clearly. More importantly, Figure 1 on the next page provides an updated drawing showing the
plan and profile of the New West Las Positas Boulevard in relation to CA-ALA-413.

In summary, Attachments 5 through 9, Figure 1, and our summary of that information, demonstrates
that the planned trenching for the Citys Recycled Water Pipeline will be outside the CA-ALA-413 site
boundary as identified by NWIC in NWIC File #: 13-1672 (Attachment 2). Attachment 10 provides a
revised Figure 3 for the location of site CA-ALA-413 in the February 2015 Section 106 Cultural Resources
Investigation Report.

THE CLOSEST EXCAVATION TO THE AREA DELINEATED BY CA-ALA-413 WILL BE IN FILL MATERIAL
The New West Las Positas Boulevard, immediately adjacent to the Southern Pacific Railroad right-of-
way, was constructed in 1982 on top of more than 10-feet of fill material. The mid-1800s era railroad
line was built on top of a 10-foot berm. The 1978 Site records for CA-ALA-413 indicate that the site was
buried under 50- to 10-centimeters of alluvium, which provides an additional 2-3 feet of extra vertical


buffer in addition to the 10-feet of fill mentioned above. As a result, CA-ALA-413 would have a vertical
buffer of 12- to 13-feet from the top of the New West Las Positas Boulevard. As the proposed
construction activities indicated that underground construction trenching would be limited to 3- to 6-
feet, the Proposed Project/Action would be entirely within fill and would provide a 7- to 10-foot vertical
buffer from CA-ALA-413. The plans for the construction of the New West Las Positas Boulevard in
1982 on both the east and west side the Southern Pacific Railroad right-of-way shows the berm in street
centerline profile view (Attachments 7 and 8). As noted earlier, and as also shown on these plans, the
fill material that was placed during the construction of the New West Las Positas Boulevard in 1982.
This fill material brought the elevation of the new roadway up to the elevation of Southern Pacific
Railroad. Additionally, as previously noted, the fill material buried and protected the CA-ALA-413 area
that is located in the property south of the New West Las Positas Boulevard.

The construction of the Citys proposed recycled water pipeline will be parallel to and approximately 7-
feet from the north curb line of the New West Las Positas Boulevard. At the closest location, which is
immediately adjacent to the Southern Pacific Railroad right-of-way, the excavation will be approximately
85-feet north of the area delineated by CA-ALA-413. At this location, the excavation for the Citys
proposed recycled water pipeline will be completely within the fill material and will not be deep enough
to penetrate the native soil depth shown on the HBP improvement plans. As previously noted and
shown on the attached plans, the fill on the west side of the Southern Pacific Railroad right-of-way is
approximately 10-feet at the Southern Pacific Railroad right-of-way and decreases in thickness until it
matches the native ground elevation approximately 750-feet to the west of the Southern Pacific
Railroad. Consequently, the Citys proposed recycled water pipeline excavation would be in fill material
for approximately 350-feet west of the Southern Pacific Railroad right-of-way before it is deep enough
to penetrate the native ground. As shown graphically in Attachment 8, this point of intersecting native
ground is a significant distance west and south of the area delineated by CA-ALA-413.

THE PROPOSED PIPELINE WILL BE INSTALLED PARALLEL TO MANY OTHER UTILITIES THAT WERE
CONSTRUCTED AS PART OF THE 1982 WEST LAS POSITAS BOULEVARD IMPROVEMENTS AT WHICH
TIME NO DISCOVERIES WERE REPORTED
Attachments 7 and 8 show that when the New West Las Positas Boulevard was constructed in 1982, it
also included the construction various buried utilities, including storm drains, water, sewer, gas, and
electric utilities and pipelines. These utilities were constructed in fill material and also penetrated the
native ground elevation at approximately 350-feet west of the Southern Pacific Railroad right-of-way.
However, no discoveries were reported during the construction of these utilities. As described in the
Project Description Summary, the proposed recycled water pipeline will be constructed in less than 6-
feet of fill and parallel to the existing pipelines and utilities. Therefore, no discoveries or interaction with
CA-ALA-413 are expected to occur.

CONCLUSION FOR CA-ALA-413
The Proposed Project/Action will have No Adverse Effect on the resources known as CA-ALA-413 based
on the following reasons.

1. There will be no excavation within the area identified by the NWIC as CA-ALA-413. In short, the
NWIC plotted site location was in relation to the Original Las Positas Road that was


constructed in 1971 and not the New West Las Positas Boulevard that was constructed in
1982. Thus, there has been confusion as to the location of the proposed project in relation to
the CA-ALA-413 site boundary. Since, the Proposed Project/Action is located on the north side
of the westbound side of the New West Las Positas Boulevard, it is located approximately 70
feet north of the NWIC Plotted site location.

2. The closest excavation to the area delineated by NWIC as CA-ALA-413 will be in approximately
10-feet of new fill material that was placed since the discovery of the delineated area in 1978 in
order to provide a buffer from the construction of the New West Las Positas Boulevard,
constructed in 1982 as part of the Hacienda Business Park (HBP) Development and was routed
to avoid the potential interaction with CA-ALA-413.

3. The proposed recycled water pipeline will be installed parallel to many other utilities which
were constructed as part of the 1982 New West Las Positas Boulevard improvements and the
HBP. During the construction of those facilities, no discoveries were reported.

In short, the Proposed Project/Action will avoid intersecting both horizontally and vertically with CA-
ALA-413.

OVERALL CONCLUSION AND RECOMMENDATIONS

Based upon this additional research and evidence, it is our collective opinion that the construction
and/or operation of the Citys Proposed Recycled Water Pipeline Project will have No Adverse Effect
on the cultural resource sites known as CA-ALA-46 and CA-ALA-413.

As with all construction projects, the construction of the Proposed Project/Action could inadvertently
uncover buried cultural resources (i.e. Historical, archeological, and human remains. To further reduce
the potential to adversely affect any of these resources, the following Inadvertent Discovery Plan
(Attachment 11) was prepared and should be implemented as necessary to ensure that there are no
adverse effects to unidentified cultural resources that may exist in the APE during the construction of
the Proposed Project/Action.

Attachment 1
Site Record for P-01-000066 (CA-ALA-46)

(see corrected supplement "C" for corrected information)

(see corrected supplement "C" for correct information)

Attachment 2
Figure 2 From February 2015 Cultural Resources Investigation
Report Showing Location of CA-ALA-46

Attachment 3
Site Record for P-01-000139 (CA-ALA-413)

Attachment 4
Drawings for Stoneridge Tract 6164

Attachment 5
1971 Improvement Plans for Subdivision Map 3232 Titled, Las
Positas Unit 1

Attachment 6
1971 Improvement Plans for Subdivision Map 3290 Titled, Las
Positas Unit 2

Attachment 7
June 1982 Plans for the North Pleasanton Improvement District

Attachment 8
1982 Plans for Parcel Map 3858, Hacienda Business Park.

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CA-ALA-413

Attachment 9
Sheet 9 of the February 1982 Plans for Parcel Map 3858 Titled,
Hacienda Business Park with Colored Hand Drawings

Attachment 10
Revised Figure 3 in the February 2015 Section 106 Updated
Cultural Resources Investigation Report

Proposed Pipeline Alignment

Original Las Positas Road
Now Ithica Way

CA-ALA-413

Approximately 70-foot Horizontal

Buer from CA-ALA-413 and Proposed
Pipeline Alignment

Revised Figure 3 - LocaBon of CA-ALA-413

Attachment 11
Inadvertent Discovery Plan for the City of Pleasantons Recycled
Water Project

INADVERTENT DISCOVERY PLAN

A Plan and Procedure for Dealing with the Inadvertent
Discovery of Cultural Resources
City of Pleasantons Recycled Water Project

1.0 INTRODUCTION
The State Water Resources Control Board (State Board) is responsible for administering the
State Revolving Fund (SRF) Loan Program and may provide funds on behalf of the U.S.
Environmental Protection Agency (EPA) for the construction of the City of Pleasantons (City)
proposed Recycled Water Project (Proposed Project/Action). EPA has delegated authority to the
State Board for examining cultural resources and communicating with the parties concerning such
examinations. This document supplements the previous reports conducted for the City of Pleasantons
Recycled Water Project including but not limited to the following documents prepared for the City by
SMB Environmental, Inc. (SMB):

June 2014 Public Draft Initial Study/Mitigated Negative Declaration (IS/MND) and
Environmental Assessment/Finding of No Significant Impact (EA/FONSI);

June 2014 Section 106 Cultural Resources Investigation Report;

February 2015 Update Section 106 Cultural Resources Investigation Report; and

May 2015 Technical Memorandum Section 106 Cultural Resources Issues with the City of
Pleasantons Recycled Water Project

Please refer to these documents for detailed technical and background information including maps
and figures. This document is not intended to be a stand alone and comprehensive document.
Instead, the purpose of this Plan is to provide supplementary and necessary procedures to be
incorporated into the Citys construction management specifications and throughout construction
of the Proposed Project/Action to ensure that No Adverse Effects will occur to cultural resources
(i.e. archeological, historic ands burial resources) pursuant to Section 106 of the National Historic
Preservation Act of 1966, and its associated regulations at 36 CFR Part 800 as a result of implementation
of the Citys Proposed Recycled Water Project.
PROJECT/ACTION DESCRIPTION SUMMARY
In short, the Proposed Project/Action includes a proposed upgrade and expansion of the Dublin
San Ramon Services Districts (DSRSD) existing wastewater treatment plant (WWTP) to
provide a recycled water supply of approximately 2,500 acre-feet per year (afy) to meet the
recycled water demands in the Citys service area and offset deliveries from the Citys
groundwater supplies and water purchases from Zone 7 Water Agency. The Proposed
Project/Action also includes approximately 22-miles (116,000 linear feet) of pipeline ranging
in diameter from 6-inches to 18-inches, as well as approximately 5-miles (26,350 linear feet)
of existing pipeline that will be re-purposed from abandoned or existing potable pipelines.

City of Pleasantons Recycled Water Project

Inadvertent Discovery Plan

FEDERAL NEXUS
Due to the potential funding under the SRF Loan Program, this project is considered a Federal
undertaking and, therefore, is subject to Section 106 of the National Historic Preservation Act of 1966,
and its associated regulations at 36 CFR Part 800.
Federal law stipulates that in the case of an undertaking that utilizes federal money, a project will adhere
to provisions of the National Historic Preservation Act of 1966 (as amended). As the lead agency, the
State Board is responsible for all aspects of 36 CFR 800 in dealing with the treatment of cultural
resources and the consultation of concerned parties. As previously mentioned, EPA has delegated
authority to the State Board for examining cultural resources and communicating with the parties
concerning such examinations. Potentially concerned parties include: the City of Pleasanton, the Ohlone
Indian Tribe, the Trina Marine Ruano Famity, the Coastanoan Rumsen Carmel Tribe, the Amah
Mutsun Tribal Band of Mission San Juan Bautista, the Indian Canyon Mutsun Band of Coastanoan, the
Muwekma Ohlone Indian Tribe of the San Francisco Bay Area, and the Office of Historic Preservation
(OHP).
Any staff members of State Board and/or the City, their contractors, or subcontractors are required to
halt construction if they observe or identify any cultural materials and will provide a professional
archaeologist adequate time to assess, record, and potentially analyze any resources that might be
uncovered. The OHP will be notified of any discoveries that occur during construction.
This document serves as the plan for dealing with any discoveries of human skeletal remains, artifacts,
sites, or any other cultural resources eligible for listing in the National Register of Historic Places
(NRHP). This plan is intended to provide guidance to City personnel so they can:

Comply with applicable Federal and State laws and regulations, particularly 36CFR 800 (as
amended January 11, 2001) of the regulations that implements Section 106 of the National
Historic Preservation Act of 1966;

Describe to regulatory and review agencies the procedures that City of Pleasanton will follow to
prepare for and deal with inadvertent discoveries; and

Provide direction and guidance to project personnel on the proper procedures to be followed
should an inadvertent discovery occur.

2.0 INADVERTENT DISCOVERY OF HUMAN SKELETAL REMAINS ON NON-FEDERAL

AND NON-TRIBAL LAND IN THE STATE OF CALIFORNIA
If ground-disturbing activities encounter human skeletal remains during the course of construction, then
all activity must cease that may cause further disturbance to those remains and the area of the find must
be secured and protected from further disturbance. In addition, the finding of human skeletal remains
must be reported to the Alameda County Coroner and local law enforcement in the most expeditious
manner possible. The remains should not be touched, moved, or further disturbed.
The Alameda County Coroner will assume jurisdiction over the human skeletal remains and make a
determination of whether those remains are forensic or non-forensic. If the county coroner determines
the remains are non-forensic, then they will report that finding to the OHP who will then take
jurisdiction over the remains and report them to the appropriate cemeteries and affected tribes. If human
remains are discovered, work will be halted and the Alameda County Coroner will be contacted. The
Alameda County Coroner will make a determination of whether the remains are Native American or

City of Pleasantons Recycled Water Project

Inadvertent Discovery Plan

non-Native American and report that finding to any appropriate cemeteries and affected tribes. If either
the Alameda County Coroner, the On-site Archaeologist and/or the Native American Monitor believes
the remains to be Native American and not under the Alameda County Coroners jurisdiction, then the
Alameda County Coroner has 24 hours to notify the native American Heritage Commission (NAHC).
The NAHC then will designate the Most Likely Descendent (MLD), who has 48 hours to make
recommendations to the property owner or authorized representative. Work will be suspended in the
area of the human remains until the MLDs recommendations are implemented. The City will ensure
that any identified human remains will be secured while they are left in place while treatment decisions
are in progress.
ADDITIONAL RESPONSIBILITIES AND INFORMATION
A. The area of work stoppage will be adequate to provide for the security, protection, and

integrity of the skeletal remains, in accordance with California State law. The Citys
Project/Action Engineer will be responsible for taking appropriate steps to protect the
discovery. At a minimum, the immediate area will be secured to a distance of a hundred
(100) feet from the discovery. Vehicles, equipment, and unauthorized personnel will not be
permitted to traverse the discovery site.
B. The State Board and the City acknowledges that any find of human skeletal remains may be a

burial of Native American ancestry. It is further acknowledged that the concerned native
American Tribes are extremely sensitive about ancestral burials, and that the find must be
treated confidentially.
C. Nothing in this agreement is intended or shall be construed to diminish or affect in any way the

right of the Tribes to take any lawful action to protect Native American graves from
disturbance or desecration, or to protect the Tribes rights under cemetery and Native
American graves protection laws, or other applicable laws.
D. This information is covered by the Section 304 of the National Historic Preservation Act;

Section 9(a) of the Archaeological Resources Protection Act; Executive Order 13007;
California Health and Safety Code 7050.5; California Public Resources Code 5097.9 through
5097.99 as amended per Assembly Bill 2641; and Section 6254.10 of the California State
Government Code and specific components of the records are exempt from disclosure (RCW
42.17.310(1)(k)) to avoid the looting or depredation of such sites.
PROCEDURES FOR THE DISCOVERY OF ARCHAEOLOGICAL RESOURCES
A. If any staff members of State Board and/or the City, their contractors, or subcontractors,

including archaeological monitors, believe that he or she has encountered cultural or

archaeological remains of any kind, all work at and adjacent to the discovery shall
immediately cease. He or she will inform the Projects Resident Engineer and the State Board.
Attachment A provides a contact list of individuals that should be contacted if cultural resources
are encountered. The area of work stoppage will be adequate to provide for the security,
protection, and integrity of the archaeological discovery. A cultural resource discovery could
be prehistoric-period or historic-period in age and consist of (but not limited to):

Areas of charcoal or charcoal-stained soil and stones;

Stone, tools, or waste flakes (i.e., an arrowhead or stone chips);

Bone, burned rock, or mollusk shell, whether or not seen in association with stone tools or

City of Pleasantons Recycled Water Project

Inadvertent Discovery Plan

chips;

clusters of tin cans, ceramics, flat glass, or bottles, concentrations of brick, or logging,
mining, or agricultural equipment.

B. The

State Boards Projects Manager will consult with the On-site Project
Archaeologist/Monitor to determine if the remains are archaeological and greater than 50
years old. If the On-Site Project Archaeologist/Monitor believes that the discovery is a
cultural resource, he or she and the State Boards Projects Manager will discuss with the
Citys Resident Engineer and steps will be taken to protect the discovery site. At a minimum,
subsurface disturbances will stop and the area adjacent to the discovery will be secured.
Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the
discovery site. Any newly discovered archaeological resource would be considered eligible
to the NRHP until determined otherwise by the OHP. Work in the immediate area will not
resume until treatment of the discovery has been completed following the provisions for
treating archaeological/cultural material as set forth in Appendix B.

C. The State Board Project Manager and the On-site Project Archeologist/Monitor will contact the

OHP to assist in the significance evaluation of all inadvertent discoveries of cultural

resources. Any discovery deemed eligible for listing in the NRHP will be assessed and treated
according to the provisions set forth in Appendix A of this document.
D. The State Board will immediately contact the OHP (Attachment A) for consultation regarding

National Register eligibility of any new discovery. If the federal and state agency
representatives determine that the discovery is an eligible cultural resource, they and concerned
Native American Tribe(s), as appropriate, will consult to determine appropriate treatment to be
presented and agreed upon in a Memorandum of Agreement (MOA) or other appropriate
documentation. Mitigation measures will be developed in consultation with the State Board
and the OHP, and the affected tribes (where appropriate), which could include avoidance
through redesign, conducting data recovery and/or relocating materials or remains. Agreed
upon treatment measures performed by the City include protecting the resources in place, or
data recovery such as mapping, photography, limited probing, and sample collection, or other
measures.
E. This information is covered by the Section 304 of the National Historic Preservation Act;

Section 9(a) of the Archaeological Resources Protection Act; Executive Order 13007;
California Health and Safety Code 7050.5; California Public Resources Code 5097.9 through
5097.99 as amended per Assembly Bill 2641; and Section 6254.10 of the California State
Government Code and specific components of the records are exempt from disclosure (RCW
42.17.310(1)(k)) to avoid the looting or depredation of such sites.

City of Pleasantons Recycled Water Project

Inadvertent Discovery Plan

Attachment A

City of Pleasanton
Recycled Water Project Inadvertent Discovery Plan

Contact Information

Primary Contacts
State Board Project Manager
Ahmad Kashkoli
(916) 341-5855
State Board Assistant Project Manager
Cedric Irving
(916) 341-6983
City of Pleasanton Project Engineer
Steve Kirkpatrick
(925) 931-5595
On-Site Professional Archeologist
Dan Shoup
(510) 213-0391
Principal Environmental Planner
Steve Brown
(916) 517-2189
City of Pleasanton Project Coordinator
Rita Di Candia
(925) 931-5595
Office of Historic Preservation Contacts
Tristan Tozer and/or Jessica Tudor
(916) 445-7000
Other Agency Contacts
Alameda County Sheriffs Office Coroners
Captain S. Sexton
Bureau
(510) 382-3000
City of Pleasanton Police Department
Non-Emergency Number
Homicide Unit
(925) 931-5200
Tribal Contacts
The Amah Mutsun Tribal Band of Mission San Irene Zwierlein
Juan Bautista
(650) 400-4806
The Indian Canyon Mutsun Band of
Anne Marie Sayers
Coastanoan
(831) 637-4238
The Coastanoan Rumsen Carmel Tribe
Tony Cerda
(909) 524-8041
The Trina Marine Ruano Family
Ramona Garabay
(510 972-0645
The Ohlone Indian Tribe
Andrew Galvan
(510) 882-0527
The Muwekma Ohlone Indian Tribe of the SF Rosemary Cambra
Bay Area
(408) 205-9714

Attachment B
Treatment of Archaeological Resources
City of Pleasantons Recycled Water Project
Construction and/or field activities related to the City of Pleasantons Recycled Water Project may
cause disturbance to underground archaeological resources. The following provisions are intended
to assure the professional archaeological treatment of cultural materials inadvertently discovered
during construction activities. Implementation of this Plan is the responsibility of State Board.
Provisions of the Archaeological / Cultural Resource Treatment Plan are as follows:
1. A qualified professional archaeologist (i.e. On-site Archeologist Monitor) meeting the
Secretary of Interiors standards shall directly observe the excavation process during
construction within the vicinity of the Native American archeological resources: P-01000066 (CA-ALA-46) and P-01-000139 (CA-ALA-413). In the event that any prehistoric or
historic subsurface cultural resources are discovered during ground disturbing activities, all
work within 100 feet of the resources shall be halted. The On-site Archeologist Monitor
will contact the State Board Project Manager who will then contact the OHP to immediately
report all discoveries of cultural resources that are potentially eligible for listing in the
NRHP. Construction will be immediately halted within the immediate area of the discovery
and the scene will be protected until the State Board has arranged for the discovery to be
identified by the On-site Professional Archaeologist and the OHP. If the discovery is
determined to be a significant historic or archaeological site, or consists of Native
American human remains, the OHP, the State Board, and the Tribe(s) will be consulted as
appropriate to determine the course of action.
2. On May 5, 2014, ten (10) Native American groups and individuals were contacted to help
provide information regarding the potential to find Native American Resources in the
Projects Area of Potential Effect. To date, no responses have been received. Specifically,
no requests of having a Native American monitor to be present during ground-disturbing
activities and/or to be contacted in the case of inadvertent discovery of human remains. As
a result, at the time of this Plan, a specific Native American Monitor has not been chosen
for the construction of ground-disturbing activities. However, if the On-site Archeological
Monitor shall discover any Native American resources or human remains during
construction, the Native American Tribes in Attachment A will be contacted immediately.
3. Prior to the initiation of ground-disturbing activities, the On-Site Archeological Monitor
will conduct a short awareness training session for all construction workers and supervisory
personnel. The course will explain the importance of, and legal basis for, the protection of
significant archeological resources. Each worker will also learn the proper procedures to
follow in the event that cultural resources and/or human remains/burials are uncovered
during construction activities, including work curtailment or redirection and to immediately
contact their supervisor and the On-site Archeological Monitor. It is recommended that this
worker education session include visuals of artifacts (prehistoric and historic) that might be
encountered in the project vicinity, and that it take place on the construction site
immediately prior to the start of construction. The approximately 30-45 minute training
session may be conducted on-site by video, Powerpoint presentation, and or other related
material.
4. The On-site Archeological Monitor will inspect, from a safe distance during excavation
activities, mechanical trenching, backdirt piles, or associated ground disturbance for

evidence of prehistoric, historic, and/or other culturally sensitive materials.

5. The On-site Archeological Monitor shall complete a daily log for each day of the
monitoring or other cultural resource activities conducted during the monitoring period.
The logs will track the cultural resources monitoring program, where monitoring was
occurring, detail of any discoveries, describe any actions taken, and describe any noncompliance incidents. If warranted by the his/her observations, the On-Site Archeological
Monitor may halt or redirect construction activities to examine soils or the interior of a
trench, and to allow for sufficient time to evaluate and potentially remove a find.
6. As part of the construction team, the On-site Archeologist Monitor will ensure proper
documentation and assessment of any discovered cultural resources. Non-intrusive field
documentation of all human remains will be undertaken immediately. All prehistoric and
historic cultural material discovered during project construction will be recorded by the OnSite Professional Archaeologist/Monitor on standard cultural resource site forms, or on
isolate forms using standard techniques. Site overviews, features, and artifacts will be
photographed; stratigraphic profiles and soil/sediment descriptions will be prepared for
subsurface exposure. Discovery locations will be documented on scaled site plans and site
location maps.
7. Sites discovered during construction will be assumed eligible pending evaluation by an
archeologist meeting the Secretary of Interiors Standards under Criterion D for inclusion in the
National Register of Historic Places (NRHP) for the purposes of Section 106 compliance, in
accordance with 36 CFR 800.13(c).
8. Where complex or extensive cultural remains are encountered, the State Board and the OHP
will jointly determine the appropriate level of documentation and treatment of the resources
after consultation with the concerned tribal representatives.
9. The State Board and the OHP will decide when construction may continue at the discovery
location. Where cultural resources are encountered during construction, but additional
project effects to the resources are not anticipated, project construction may continue while
documentation and assessment of the cultural resources proceed. If continued construction
is likely to cause additional impacts to such resources, project activities within a radius of
100 feet of the discovery will cease until the Professional Archaeologist has documented the
site, evaluated its significance, and assessed potential effects to the site.
10. Cultural features, horizons, and artifacts detected in buried sediments may require further
evaluation using hand-dug test units to clarify aspects of integrity, stratigraphic context, or
feature function. Units may be dug in controlled fashion to expose features, collect
radiocarbon or animal/plant macrofossil samples from undisturbed contexts, or interpret
complex stratigraphy. A test excavation unit or small trench might also be used to crosssection a feature to determine if an intact occupation surface is present. Test units will be
used only when necessary to gather information on the nature, extent, and integrity of
subsurface cultural deposits to evaluate the sites potential to address significant research
domains. Excavations will be conducted using state-of-the-art techniques for controlling
provenience of recovered remains.
11. Sediments excavated for purposes of cultural resources investigations will be screened
through 1/8-inch or -inch mesh depending on the soil types encountered. Spatial
information, depth of excavation levels, natural and cultural stratigraphy, presence or

absence of cultural material and depth of sterile soil, regolith, or bedrock will be recorded
for each probe on a standard form. Test excavation units will be recorded on unit-level
forms, which include plan maps for each excavated level, and material type, number and
vertical provenience (depth below surface and stratum association where applicable) for all
artifacts recovered from the level. Radiocarbon and macrofossil samples will be taken from
intact subsurface features exposed by shovel/auger probes or test units. A stratigraphic
profile will be drawn for at least one wall of each test excavation unit.
12. All prehistoric and historic artifacts collected from the surface and from probes and
excavation units will be analyzed, catalogued, and temporarily curated at a facility meeting
the Secretary of Interiors standards for curation. Ultimate disposition of cultural materials
will be determined in consultation with the State Board, OHP, and concerned tribes.
13. Within 90 days of conclusion of fieldwork, a management summary describing any and all
monitoring activities and resultant archaeological excavations will be provided to State
Board by the on-site professional archeologist and the Citys Project Engineer/Construction
Manager. The State Board Project Manager will forward the report to the OHP and
concerned tribes.
14. If construction activity exposes human remains (burials, or isolated teeth or bones),
construction in the immediate vicinity of the find will be halted. State Board will follow
procedures outlined under section 2.0 of the Inadvertent Discovery Plan.
15. Treatment of Native American Remains: If either the Alameda County Coroner, the On-site
Archaeologist and/or the Native American Monitor believes the remains to be Native
American and not under the Alameda County Coroners jurisdiction, then the Alameda
County Coroner has 24 hours to notify the native American Heritage Commission
(NAHC). The NAHC then will designate the Most Likely Descendent (MLD), who has 48
hours to make recommendations to the property owner or authorized representative. Work
will be suspended in the area of the human remains until the MLDs recommendations are
implemented. The City will ensure that any identified human remains will be secured
while they are left in place while treatment decisions are in progress.
16. Treatment of Non-Native American Historic Remains: If the cultural remains are determined
to be historic non-Native American remains, treatment will be determined by the On-Site
Archeologist/Monitor in consultation with the State Board and OHP.
17. Curation: The State Board will ensure that eligible artifacts are curated appropriately.
Collected artifacts and samples that are determined historically significant would be
curated for future use for research, interpretation, preservation, and cultural resource
management activities using Department of the Interior federal guidelines for curation (36
CFR 79). Artifacts and associated documents resulting from data recovery, including maps,
photographs, field notes, bone, shell, soil samples, wood and other botanical samples, and
fire-modified rock, would be curated following analysis. Artifacts, samples, and records
would be prepared for curation. A sample of selected artifact categories and sediments
would be retained for curation. For cultural resources that are determined significant State
Board will, in consultation with the OHP and affected tribes, identify appropriate facilities,
provide and pay for long-term curation of prehistoric, ethnohistoric, and historic artifacts,
data samples, and records resulting from the project investigations. The State Board will
consult with affected federally and non- federally recognized Tribes to reach agreement
about permanent storage of some of the materials.

18. The State Board will comply with any applicable Federal and State laws and regulations,
including but not limited to:

Section 106 of the National Historic Preservation Act of 1966, as amended, and its
implementing regulations;

Native American Graves Protection and Repatriation Act (NAGRPA) of 1990, as amended;
and

California State Law, including but not limited to: California Health and Safety Code
7050.5; CEQA Guidelines Section 15064.5; Public Resources Code (PRC) 21084.1; and
PRC Section 5097.99.

19. Contracts for construction and field-disturbing work: the City will include provisions in any
contract(s) for construction or field-disturbing work that provide for the ability of the State
Board and federal, state and local government agencies to implement the requirements of this
Plan.