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San Joaquin County Community Environmental Setting,Impacts,and Mitigation Measures Development Department Cultural Resources implemented. Concurrence from the applicable federal and/or County agency on any measures to be implemented before resuming construction activities in the area of the find will be obtained.Implementation of this mitigation measure will ensure compliance with the Heritage Resources objective in the San Joaquin County General Plan 2010. Impact CULT-3: Potential to Damage Previously Unidentified Human Remains (Less than Significant with Mitigation Incorporated) Buried human remains that were not identified during field surveys could be inadvertently unearthed during excavation activities,which could result in damage to these human remains. This impact is potentially significant. With implementation of Mitigation Measure CULT-3,this impact is less than significant. Mitigation Measure CULT-3: Comply with State Laws Pertaining to the Discovery of Human Remains If human remains of Native American origin are discovered during ground-disturbing activities, it is necessary to comply with state laws relating to the disposition of Native American burials,which falls within the jurisdiction of the NAHC(Public Resources Code Section 5097). If human remains are discovered or recognized in any location other than a dedicated cemetery,there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: ■ the County coroner has been informed and has determined that no investigation of the cause of death is required; and .. ■ if the remains are of Native American origin, ❑ the descendants of the deceased Native American(s)have made a recommendation to the landowner or the person responsible for the excavation work,for means of treating or disposing of,with appropriate dignity,the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98,or ❑ the NAHC was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being _ notified by the commission. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony(Section 7052). Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the .. remains are those of a Native American. If the remains are determined to be Native American,the coroner must contact the NAHC. DeSilva Gates Quarry Project Draft Environmental Impact Report 3.E-9 gas mim.os