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4 Environmental Analysis <br /> 4.5 Cultural Resources <br /> vertebrate paleontological site, including fossilized footprints, inscriptions made by <br /> human agency, or any other archaeological, paleontological or historical feature, <br /> situated on public lands, except with the express permission of the public agency <br /> having jurisdiction over such lands. Violation of this section is a misdemeanor. <br /> As used in this section, "public lands" means lands owned by, or under the jurisdiction of, the <br /> state or any city, county, district, authority, public corporation, or any agency thereof. <br /> Assembly Bill 52 <br /> Under the CEQA, Assembly Bill (AB) 52 requires a lead agency to consult with any California <br /> Native American tribe that requests consultation and is traditionally and culturally affiliated with <br /> the geographic area of a proposed project. Consultations must include discussing the type of <br /> environmental review necessary, the significance of tribal cultural resources, the significance of <br /> the project's impacts on the tribal cultural resources, and alternatives and mitigation measures <br /> recommended by the tribe. That consultation must take place prior to the determination of whether <br /> a negative declaration, mitigated negative declaration, or EIR is required for a project. Section <br /> 4.16 discusses the effort made to contact the tribes that may have an interest in the Project, in <br /> compliance with AB 52. <br /> 4.5.2.3 Local <br /> Alameda County <br /> East County Area Plan <br /> The ECAP includes the following policies specific to cultural resources and applicable to the <br /> proposed Project: <br /> oo Policy 136: The County shall identify and preserve significant archaeological and <br /> historical resources, including structures and sites which contribute to the heritage of East <br /> County. <br /> oo Policy 137: The County shall require development to be designed to avoid cultural <br /> resources or, if avoidance is determined by the County to be infeasible, to include <br /> implement [sic] appropriate mitigation measures that offset the impacts. <br /> The following implementation program pertains to cultural resources: <br /> oo Program 59: The County shall require a background and records check of a project area <br /> if a project is located within an extreme or high archaeological sensitivity zone as <br /> determined by the County. If there is evidence of an archaeological site within a proposed <br /> project area, an archaeological survey by qualified professionals shall be required as a <br /> part of the environmental assessment process. If any archaeological sites are found during <br /> construction, all work in the immediate vicinity shall be suspended pending site <br /> investigation by a qualified archaeology professional. Proposed structures or roads on <br /> property that contains archaeological sites should be sited in consultation with a <br /> professional archaeologist to avoid damaging the archaeological sites. The County shall <br /> follow CEQA Guidelines for cultural resource preservation procedures in reviewing <br /> development projects located near identified cultural resources. Appropriate measures for <br /> Griffith Energy Storage Project 4.5-11 Tetra Tech/SCH 2022120675 <br /> Draft Environmental Impact Report August 2023 <br />