ARCHIVED REPORTS LEC APPLICATION FOR CERTIFICATION

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5.3 CULTURAL RESOURCES listed in,or eligible for listing in,the CRHR4 is presumed to be historically or culturally significant.5 Resources listed in a local historic register or deemed significant in a historical resource survey (as provided under Section 5024.18) are presumed historically or culturally significant unless the preponderance of evidence demonstrates they are not. A resource that is not listed in or determined to be eligible for listing in the CRHR,is not included in a local register of historic resources,nor deemed significant in a historical resource survey,may nonetheless be historically significant (Section 21084.1; see Section 21098.1). CEQA requires a Lead Agency to identify and examine environmental effects that may result in significant adverse effects.Where a project may adversely affect a unique archaeological resource,6 Section 21083.2 requires the Lead Agency to treat that effect as a significant environmental effect and prepare an Environmental Impact Report.When an archaeological resource is listed in or is eligible to be listed in the CRHR,Section 21084.1 requires that any substantial adverse effect to that resource be considered a significant environmental effect.Sections 21083.2 and 21084.1 operate independently to ensure that potential effects on archaeological resources are considered as part of a project's environmental analysis. Either of these benchmarks may indicate that a project may have a potential adverse effect on archaeological resources. Other state-level requirements for cultural resources management appear in the California Public Resources Code Chapter 1.7,Section 5097.5 (Archaeological,Paleontological,and Historical Sites),and Chapter 1.75,beginning at Section 5097.9 (Native American Historical, Cultural,and Sacred Sites) for lands owned by the state or a state agency. The disposition of Native American burials is governed by Section 7050.5 of the California Health and Safety Code and Sections 5097.94 and 5097.98 of the Public Resources Code, and falls within the jurisdiction of the NAHC. If human remains are discovered,the County Coroner must be notified within 48 hours and there should be no further disturbance to the site where the remains were found. If the 4 The CRHR is a listing of"...those properties which are to be protected from substantial adverse change."Any resource eligible for listing in the California Register is also to be considered under CEQA. 5 A historical resource may be listed in the CRHR if it meets one or more of the following criteria:"(1)is associated with events that have made a significant contribution to the broad patterns of local or regional history,or the cultural heritage of California or the United States;(2)is associated with the lives of persons important to local,California or national history;(3)embodies the distinctive characteristics of a type,period,region,or method of construction,or represents the work of a master or possesses high artistic values;or(4)has yielded or has the potential to yield information important in prehistory or history(...of the local area,California or the nation)"(Public Resources Code§5024.1,Title 14 CCR, Section 4852).Automatic CRHR listings include National Register of Historic Places(NRHP)-listed and determined eligible historic properties(either by the Keeper of the NRHP or through a consensus determination on a project review), State Historical Landmarks from number 770 onward,and Points of Historical Interest nominated from January 1998 onward.Landmarks prior to 770 and Points of Historical Interest may be listed through an action of the State Historical Resources Commission. 6 Public Resources Code 21083.2(g)defines a unique archaeological resource to be:An archaeological artifact,object, or site,about which it can be clearly demonstrated that,without merely adding to the current body of knowledge,there is a high probability that it meets any of the following criteria:(1)contains information needed to answer important scientific research questions and there is a demonstrable public interest in that information;(2)has a special and particular quality such as being the oldest of its type or the best available example of its type;or(3)is directly associated with a scientifically recognized important prehistoric or historic event or person. SACI3713221082330008(LEC_5.3_CULTU RAL.DOC) 5.3-19