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RDEIR authors and the developer only, without input from the community development <br /> D142. department. We wonder if this is typical or an aberration of proper planning. We are of the <br /> opinion that planning documents, identification of impacts, and developed mitigation, especially <br /> for this project site, requires that the lead agency participate in the planning process. <br /> There seems to be a general assumption that the most significant cultural resources <br /> found on the project site occur on the high ground around the lakes --- this maybe. Dave <br /> Fisher one of the owners also stated that the significant sites were not in the woods. This <br /> D143 understanding seems contrary to the identification of a significant site along the river at the <br /> south end of the project site where the reforestation project is occurring. This site is referred to <br /> many times as formerly being in the riparian woodland. Doesn't this disprove the absolute <br /> determination that all the significant sites are in the upland areas? <br /> In our attempts to be informed about the cultural resources at the project site, we have <br /> become alarmed with the realization that in the act of cutting down the riparian woodland and <br /> removing the stumps to accommodate the golf course fairways, cultural resources were likely <br /> disturbed. We feel it is appropriate for the developers, who claim to be acting in good faith, to <br /> answer the question, "Were human remains or artifacts discovered when the trees and stumps <br /> were removed?" We suggest that CEQA, Health and Safety Code Section 7050.5, violations, <br /> SB 447 (Chapter 404, Statutes of 1987) and Public Resource Code section 5097.94, 5097.98 <br /> and 5097.99 violations may have occurred in this act of tree removal. These potential offenses <br /> shouldn't be treated lightly because they are felony crimes. In regards to the discovery of <br /> D144 human remains, CEQA appendix K, Section VIII, states, "In the event of discovery or <br /> recognition of any human remains in any location other than a dedicated cemetery, there shall <br /> be no further excavation or disturbance of the site or any nearby area reasonably suspected to <br /> overlie adjacent human remains." We think the uncertainty in this matter should be responded <br /> to by the developers, and it should be addressed by the County planning department, and the <br /> EIR consultants, while this effort of risk assessment is underway. <br /> We share the greater Native American Community and the Ione Band of Miwok's <br /> concerns over past, present, and future desecration of sacred cultural sites at the project site, <br /> which are important to their traditional history and culture. <br /> With all due respect to the Community Development Department, biotic and cultural <br /> resource mitigation monitoring by the County, or supervising of this monitoring by the County, <br /> is a pipe-dream. This fact and the inability of the County to properly monitor projects requiring <br /> biotic and cultural resource monitoring is proven by the County's prior failures to monitor <br /> mitigation measures made a part of project approvals. The Department does not have the <br /> staff to engage in the regular monitoring prescribed in the DEIR and the RDEIR. Considering <br /> the rare biotic and cultural values at the project site, more rather than less or standard <br /> monitoring is required. <br /> It appears that this Buckeye Ranch Subdivision proposal is inconsistent with the 1995 <br /> County general plan, under which this project application is being considered. In a master plan <br /> VI-114 <br />