§ 8178-3.1.3. Monitoring.

a.

Where as a result of the Phase I Inventory and/or Phase II Evaluation, the Qualified Archaeological Consultant recommends archaeological monitoring to occur during earth moving activities related to project construction, with the approval of the Planning Director, the Qualified Archaeological Consultant retained by the permittee shall select a qualified archaeological monitor and, if the resource is significant to Chumash or Native American prehistory or history, a Native American monitor shall be retained in consultation with the Native American Heritage Commission to be used for that site only.

b.

If any archaeological resources are found in the course of excavation or trenching, work shall immediately cease in the area of the find. Work shall be redirected, where feasible, until the Qualified Archaeological Consultant can provide an evaluation of the nature and significance of the resources and recommend appropriate mitigation measures. The Planning Director shall review and approve additional mitigation measures, as recommended, where such measures are in substantial conformance with the approved permit. The permittee shall obtain the Planning Director's written concurrence of the approved recommendations before resuming construction activities. Where mitigation measures comprise additional development that is not substantially in conformance with the approved permit, a new permit or permit modification shall be required.

c.

If human remains are encountered, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Medical Examiner has been contacted.

d.

If the County Medical Examiner determines that the human remains are those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact the Native American Heritage Commission by telephone within twenty-four (24) hours.

e.

Upon the discovery of Native American remains, the permittee shall ensure that the immediate vicinity is not damaged or disturbed by further development activity until the permittee has discussed and conferred with the most likely descendants regarding the descendants' preferences and all reasonable options for treatment and disposition of the remains, in accordance with Public Resources Code section 5097.98.

f.

Whenever the Native American Heritage Commission is unable to identify a descendant, or the descendants identified fail to make a recommendation, or the landowner or his or her authorized representative rejects the recommendation of the descendants and the mediation provided for in subdivision (k) of Public Resources Code section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall reinter 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. To protect the sites, the landowner shall record the site with the Native American Heritage Commission, South Central Coastal Information Center (California State University Fullerton) and/or Regional Historical Resources Information Center.

(Ord. No. 4492, § 6, 6-21-2016)