Mendocino County Municipal Code Div. II Archaeological Resource Identification and Impact Mitigation

(A) Literature Review. As part of preparation of any initial study prepared pursuant to CEQA or a Coastal Development Permit within the Coastal Zone for proposed projects submitted to the Department of Planning and Building Services, referrals shall be made to the N.I.C. for literature review regarding potential archaeological sensitivity within the Area of Potential Environmental Impact (A.P.E.I.). The recommendations in writing of N.I.C. to the Department of Planning and Building Services and the Commission will specify the need for an archaeological field inventory, or specific evaluative, or mitigative actions within the A.P.E.I. Should N.I.C. recommend no further inventory, evaluation or impact mitigation, the project applicant shall be relieved of further consideration of archaeological resources pursuant to CEQA.

(B) Commission Review of N.I.C. Recommendations. Reviews by N.I.C. which recommend archaeological field inventory, or specific evaluative or mitigative actions will be scheduled at the earliest feasible meeting of the Commission. Summary notice of this scheduled review will be sent to project applicants. Recommendations of N.I.C. will be reviewed by the Commission and be approved, modified or overturned dependent on the introduction of additional information from N.I.C., the Commission, the Department of Planning and Building Services, the applicant or the public.

(Ord. 3657, adopted 1987.)

(A) Inventories. If the requirement of the Commission is for a field inventory or investigations, the applicant will conduct at his/her expense a systematic reconnaissance of the A.P.E.I., and submit a written report thereon. This field inventory and subsequent report will be performed by a professional archaeologist. A copy of the final report with appropriate recommendations will be forwarded by the applicant or by the applicant's agent to N.I.C. and the Commission. If no archaeological resources are identified, the applicant shall be relieved of any further consideration of archaeological resources pursuant to CEQA.

(B) Evaluations. If archaeological resources are identified within the A.P.E.I., those resources will be evaluated per the criteria listed in Appendix K of CEQA (Public Resources Code Section 21000 et seq.) by a professional archaeologist. Evaluative techniques may include surface observation, augering and the placement of one or more archaeological excavation units. An evaluation of potential impacts upon identified archaeological resources shall be treated within the same or corollary report.

(C) Impact Mitigations. The preferred mode of impact mitigation will be avoidance of any impact upon the archaeological resource accompanied by a conservation easement or deed restriction if appropriate. Other measures to mitigate potential impacts include but are not limited to:

(1) Placement of fill or other protective covering which neither impairs the condition of the archaeological resource(s) nor irretrievably commits the archaeological resource(s) from future study;

(2) Use of monitors and temporary/permanent impediments or management facilities such as fencing;

(3) Scientific data recovery of an appropriate sample of the archaeological resource(s) via surface collection and archaeological excavation as provided for under Section 7 of Appendix K of CEQA.

A copy of the professional archaeologist's final report detailing the evaluative techniques, results and potential impact mitigation will be forwarded to N.I.C. and the Commission. The Commission will review the resultant report and approve, modify or overturn the report dependent on the introduction of additional information from N.I.C., the Commission, the Department of Planning and Building Services, the applicant or the public. Should the Commission fail to have a quorum present at their regular meeting, the authority for acceptance of surveys shifts to the Director of the Planning and Building Services Department or the Director's designee. This exception applies only to surveys in which no archaeological resources are identified, and which have been prepared by a professional archaeologist as defined within this chapter. The applicant may elect to have the results of the field inventory and any concomitant evaluations treated in one report. If archaeological resource evaluative techniques are conducted for research purposes not subject to CEQA, all work must be conducted by or under the direct supervision of a professional archaeologist who will be designated as the principal investigator.

(Ord. 3657, adopted 1987; Ord. No. 3990, adopted 1998.)