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r ESA Ma agement J Ray Weiss January 2009 Page 19 The Tidewater Southern Railroad line parallels McHenry Avenue in the vicinity of the proposed project; however,there would be no direct impacts to this RR as a result of the roadway improvement project.No mitigation is required. b) The records search of all pertinent survey and data performed at the Central California Information Center did not identify any recorded archaeological resources on or near the project site.The majority of the unpaved project area is currently covered by residential and commercial landscaping. The surface of the project area was inspected in areas of good surface visibility and a cursory survey of paved or otherwise covered portions of the project site. Surface evidence of archaeological or cultural resources was not identified during site reconnaissance. Cultural institutions,lifeways,culturally valued viewsheds,places of cultural association,and other sacred places and trust assets must also be considered in accordance with the National Environmental Policy Act (NEPA)(40 CFR 1501.2),Executive Order 12898,and other authorities(Executive Order 13175,Executive Order 13007, NAGPRA). Executive Order 13007 specifically addresses sacred sites and consultations with Native American tribes. The Native American Heritage Commission(NAHC) was contacted on November 4, 2008, to request a database search for sacred lands or other cultural properties of significance to local Native Americans. The sacred lands survey,received on November 13,2008,did not identify the presence of cultural resources in the project area.The NAHC provided a list of Native American contacts that might have further knowledge of the project area with respect to cultural resources and potential impacts to those resources that could occur as a result of the proposed project.Each person or organization identified by NAHC list was contacted by letter on November 21,2008,to request information about locations of importance to Native Americans (See Attachment B).To date,no responses have been received. The project area has been greatly disturbed by the construction of McHenry Avenue,previous underground utilities, adjacent structures, and has been subject to extensive redeposition, which tends to bury the archaeological record deeply or destroy it.None of the proposed actions would require excavation deeper than 10 feet.Therefore,the majority of construction activity would occur within the upper horizon of fluvial deposits that would not likely contain intact archaeological deposits. Federal regulations (36 CFR Part 800.13(b) include provisions for the discovery of historic properties during the implementation of an undertaking and state that the agency official shall make reasonable efforts to avoid,minimize,or mitigate adverse effects to such properties. In the event of an accidental discovery of archaeological resources, implementation of Mitigation Measure CUL-1 would reduce the potential impact to less than significant.