APPENDIX H NATIVE AMERICAN CONSULTATION

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1 I N I T I A L S T U D Y /MI T I G A T E D N E G A T I V E D E C L A R A T I O N M A R C H 2018 M A P L E A V E N U E P E D E S T R I A N O V E R H E A D S T R U C T U R E P R O J E C T M O N T E B E L L O, C A L I F O R N I A APPENDIX H NATIVE AMERICAN CONSULTATION P:\ACE1101M Montebello\ACE1101M.02\Maple\ISMND\ISMND for Public Distribution\Admin Draft ISMND for Public Review Clean.docx «03/22/18»

2 ASSEMBLY BILL 52 NATIVE AMERICAN CONSULTATION RECORD Maple Avenue Pedestrian Overcrossing Project, City of Montebello, Los Angeles County, California Date the Sacred Lands File Search request was submitted to the Native American Heritage Commission (NAHC): July 12, 2017 Date the NAHC responded: July 13, 2017 Results of the NAHC Sacred Lands File Search: The Sacred Lands File search was completed with negative results for the presence of Native American cultural resources in the Area of Potential Effect (APE); however the NAHC recommended that the five Native American individuals listed in the table below be contacted for information regarding cultural resources that could be affected by the project. Groups Contacted Gabrieleno Band of Mission Indians Kizh Nation Andrew Salas, Chairperson Gabrieleno Gabrieleno/Tongva San Gabriel Band of Mission Indians Anthony Morales, Chairperson Gabrieleno Gabrielino/Tongva Nation Sandonne Goad, Chairperson Gabrielino Gabrielino Tongva Indians of California Tribal Council Robert F. Dorame, Chairperson Gabrielino Gabrielino-Tongva Tribe Charles Alvarez Gabrielino Date of Letter to Tribes Date Tribal Response to Letter Received 7/20/2017 Received response via on 7/25/ /20/2017 8/14/2017: No response received. 7/20/2017 8/14/2017: No response received. 7/20/2017 8/14/2017: No response received. 7/20/2017 8/14/2017: No response received. Date and Results of Follow-up Telephone Calls and/or s 8/14/2017: Follow-up sent with additional project information. No Response to this . 8/30/2017: Follow-up sent inquiring if consultation was still desired. 9/12/17: No response received. 8/14/2017: Follow-up sent to Chairperson Morales. No Response to this . 8/30/2017: Follow-up sent to Chairperson Morales. Extended final date for response to 9/5/ /6/2017: No response received. 8/14/2017: Follow-up sent to Chairperson Goad. No Response to this . 8/30/2017: Follow-up sent to Chairperson Goad. Extended final date for response to 9/5/ /6/2017: No response received. 8/14/2017: Follow-up sent to Chairperson Dorame. No Response to this . 8/30/2017: Follow-up sent to Chairperson Dorame. Extended final date for response to 9/5/ /6/2017: No response received. 8/14/2017: Follow-up sent to Tribal Councilman Alvarez. No Response to this . 8/30/2017: Follow-up sent to Tribal Councilman Alvarez. Extended final date for response to 9/5/ /6/2017: No response received. (11/10/2017) Page 1 of 1

3 July 12, 2017 BERKELEY CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO Gayle Totton, M.A., Ph.D. Associate Governmental Program Analyst Native American Heritage Commission 1550 Harbor Blvd, Suite 100 West Sacramento, CA Subject: Assembly Bill 52 Consultation List and Sacred Lands File Search Request for the Maple Avenue Pedestrian Overcrossing Project, City of Montebello, County of Los Angeles, California Dear Ms. Totton: Attached please find a map showing the location of the Maple Avenue Pedestrian Overcrossing Project in the City of Montebello, County of Los Angeles, California. Specifically, the project is in the following Townships (T), Ranges (R), and Sections (S) of the El Monte, California 7.5-minute United States Geological Survey (USGS) topographic quadrangle maps as identified below: T: 02 S; R: 12 W; S: 10 LSA is assisting the Alameda Corridor East (ACE) Construction Authority in preparing the cultural resources documentation to send to Native American tribes per Assembly Bill 52 (AB 52) and the California Environmental Quality Act, specifically Public Resources Code and Chapter 532 Statutes of 2014 (i.e., AB 52). As such, we would like to request a Sacred Lands File search for the project coordinates provided. Please notify us of any Native American cultural resources that might be impacted, and include a Consultation List of potential Native Americans that may be contacted by Caltrans under AB 52. The ACE contact is Rachel Korkos, Senior Project Manager, and she can be copied on your response at rkorkos@theaceproject.org. Thank you very much for your assistance. If you have any questions or comments, please contact me at (949) , or at kerrie.collison@lsa.net. Best Regards, LSA Associates, Inc. Kerrie Collison, M.A., RPA Cultural Resources Analyst 7/12/17 (P:\ACE1101M Montebello\Maple\Tech Studies\Cultural\Native American consultation\ NAHC SLF AB52 request.docx) 20 Executive Park, Suite 200, Irvine, California

4 Project Location 5 Ã 2 Ã 134 Los Project Vicinity Angeles County Ã Ã Project Location 105 Ã 90 Ã Ã Ã 19 Ã Orange County Ã 39 Ã 60 LEGEND FIGURE 1 Project Location FEET SOURCE: USGS 7.5' Quad - El Monte (1994); Moffatt & Nichol (6/2017) I:\ACE1101M\GIS\MXD\Maple\ProjectLocation_USGS.mxd (6/26/2017) Maple Pedestrian Overcrossing Project Location

11 Kerrie Collison From: Sent: To: Subject: Rachel Korkos Wednesday, August 30, :01 PM RE: Maple Avenue Pedestrian Overhead Structure in Montebello, CA Good evening. This is for the attention of Chairperson Morales. This serves as one last follow-up to our letter of July 20th and the subsequent below. Please provide any information you may have as to the presence of sensitive Native American cultural resources in the subject project area no later than Tuesday, September 5, Thank you. Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA O F rkorkos@theaceproject.org From: Rachel Korkos [mailto:rkorkos@theaceproject.org] Sent: Monday, August 14, :30 PM To: 'GTTribalcouncil@aol.com' Subject: Maple Avenue Pedestrian Overhead Structure in Montebello, CA Good afternoon. This is for the attention of Chairperson Morales. I am following up on a letter sent on July 20, 2017 as the formal notification required under CEQA for a proposed pedestrian overhead structure to be constructed across the Union Pacific Railroad crossing at Maple Avenue in the City of Montebello, CA. Attached is a copy of the letter. As indicated in the letter, cultural resources investigations have previously occurred for this project, conducted largely by the consultant, LSA. As part of these cultural resource investigations, a records search was conducted at the South Central Coastal Information Center of the California Historical Resources Information System, located at California State University, Fullerton. The initial results of these efforts have found that no known Native American sites exist within a 0.5-mile radius of the proposed project location. ACE has consulted with the Native American Heritage Commission and found that no Traditional Cultural Properties are known to exist within or near the project area. I am following up the letter to request any information you may have as to the presence of sensitive Native American cultural resources within the project area. Your response is requested within 30 days of the original letter, or no later than August 24,

12 Sincerely, Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA O F rkorkos@theaceproject.org 2

16 Kerrie Collison From: Sent: To: Subject: Rachel Korkos Wednesday, August 30, :04 PM RE: Maple Avenue Pedestrian Overhead Structure in Montebello, CA Good evening. This is for the attention of Chairperson Dorame. This serves as one last follow-up to our letter of July 20th and the subsequent below. Please provide any information you may have as to the presence of sensitive Native American cultural resources in the subject project area no later than Tuesday, September 5, Thank you. From: Rachel Korkos Sent: Monday, August 14, :33 PM To: Subject: Maple Avenue Pedestrian Overhead Structure in Montebello, CA Good afternoon. This is for the attention of Chairperson Dorame. I am following up on a letter sent on July 20, 2017 as the formal notification required under CEQA for a proposed pedestrian overhead structure to be constructed across the Union Pacific Railroad crossing at Maple Avenue in the City of Montebello, CA. Attached is a copy of the letter. As indicated in the letter, cultural resources investigations have previously occurred for this project, conducted largely by the consultant, LSA. As part of these cultural resource investigations, a records search was conducted at the South Central Coastal Information Center of the California Historical Resources Information System, located at California State University, Fullerton. The initial results of these efforts have found that no known Native American sites exist within a 0.5-mile radius of the proposed project location. ACE has consulted with the Native American Heritage Commission and found that no Traditional Cultural Properties are known to exist within or near the project area. I am following up the letter to request any information you may have as to the presence of sensitive Native American cultural resources within the project area. Your response is requested within 30 days of the original letter, or no later than August 24, Sincerely, Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA O F rkorkos@theaceproject.org 1

20 Kerrie Collison From: Sent: To: Subject: Rachel Korkos Wednesday, August 30, :03 PM RE: Maple Avenue Pedestrian Overhead Structure in Montebello, CA Good evening Chairperson Goad. This serves as one last follow-up to our letter of July 20th and the subsequent below. Please provide any information you may have as to the presence of sensitive Native American cultural resources in the subject project area no later than Tuesday, September 5, Thank you. Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA O F rkorkos@theaceproject.org From: Rachel Korkos [mailto:rkorkos@theaceproject.org] Sent: Monday, August 14, :32 PM To: 'sgoad@gabrielino-tongva.com' Subject: Maple Avenue Pedestrian Overhead Structure in Montebello, CA Good afternoon Chairperson Goad. I am following up on a letter sent on July 20, 2017 as the formal notification required under CEQA for a proposed pedestrian overhead structure to be constructed across the Union Pacific Railroad crossing at Maple Avenue in the City of Montebello, CA. Attached is a copy of the letter. As indicated in the letter, cultural resources investigations have previously occurred for this project, conducted largely by the consultant, LSA. As part of these cultural resource investigations, a records search was conducted at the South Central Coastal Information Center of the California Historical Resources Information System, located at California State University, Fullerton. The initial results of these efforts have found that no known Native American sites exist within a 0.5-mile radius of the proposed project location. ACE has consulted with the Native American Heritage Commission and found that no Traditional Cultural Properties are known to exist within or near the project area. I am following up the letter to request any information you may have as to the presence of sensitive Native American cultural resources within the project area. Your response is requested within 30 days of the original letter, or no later than August 24, Sincerely, 1

21 Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA O F rkorkos@theaceproject.org 2

25 Kerrie Collison From: Sent: To: Subject: Rachel Korkos Wednesday, August 30, :05 PM RE: Maple Avenue Pedestrian Overhead Structure in Montebello, CA Good evening Tribal Councilman Alvarez. This serves as one last follow-up to our letter of July 20th and the subsequent below. Please provide any information you may have as to the presence of sensitive Native American cultural resources in the subject project area no later than Tuesday, September 5, Thank you. Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA O F rkorkos@theaceproject.org From: Rachel Korkos [mailto:rkorkos@theaceproject.org] Sent: Monday, August 14, :37 PM To: 'roadkingcharles@aol.com' Subject: Maple Avenue Pedestrian Overhead Structure in Montebello, CA Good afternoon Tribal Councilman Alvarez. I am following up on a letter sent on July 20, 2017 as the formal notification required under CEQA for a proposed pedestrian overhead structure to be constructed across the Union Pacific Railroad crossing at Maple Avenue in the City of Montebello, CA. Attached is a copy of the letter. As indicated in the letter, cultural resources investigations have previously occurred for this project, conducted largely by the consultant, LSA. As part of these cultural resource investigations, a records search was conducted at the South Central Coastal Information Center of the California Historical Resources Information System, located at California State University, Fullerton. The initial results of these efforts have found that no known Native American sites exist within a 0.5-mile radius of the proposed project location. ACE has consulted with the Native American Heritage Commission and found that no Traditional Cultural Properties are known to exist within or near the project area. I am following up the letter to request any information you may have as to the presence of sensitive Native American cultural resources within the project area. Your response is requested within 30 days of the original letter, or no later than August 25, Sincerely, 1

26 Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA O F rkorkos@theaceproject.org 2

30 Kerrie Collison From: Sent: To: Cc: Subject: Rachel Korkos Monday, September 18, :58 AM 'Andy' 'Mark Christoffels' RE: Mark Christoffels-Alameda Corridor-East Construction Good morning. No, I did not receive a response to my from August 14th. Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA O F rkorkos@theaceproject.org From: Andy [mailto:gabrielenoindians@yahoo.com] Sent: Monday, September 18, :17 AM To: Rachel Korkos Subject: Re: Mark Christoffels-Alameda Corridor-East Construction Rachel Did you get our response to your measures you've provided. Sent from my iphone On Aug 30, 2017, at 5:41 PM, Rachel Korkos <rkorkos@theaceproject.org> wrote: Good evening Chairman Salas and Brandy Salas. This is a follow-up to the below. ACE would appreciate any comments or questions you may have on the more detailed information provided in the . Please let me know if you still have concerns with the proposed project and are still interested in consultation. Thank you. Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA

31 O F rkorkos@theaceproject.org From: Rachel Korkos [mailto:rkorkos@theaceproject.org] Sent: Monday, August 14, :17 PM To: 'Gabrieleno Band of Mission Indians' Cc: 'mchristoffels@theaceproject.org' Subject: RE: Mark Christoffels-Alameda Corridor-East Construction Good afternoon Chairman Salas and Brandy Salas. Thank you very much for your response to ACE's letter of July 20, 2017 regarding the proposed Maple Avenue Pedestrian Overhead Structure in the City of Montebello, CA. At this time, I would like to provide you with additional project and plan information meant to clarify our intended project and methods. 1. The following mitigation measure will be recommended for implementation in the Initial Study/Mitigated Negative Declaration (IS/MND) in order to lessen potential significant impacts to any cultural resources that may be encountered: "If cultural resources are discovered during project construction, all work in the area of the find shall cease, and a qualified archaeologist shall be retained by the project sponsor to investigate the find and to make recommendations on its disposition. If human remains are encountered during construction, all work shall cease and the Los Angeles County Coroner's Office shall be contacted pursuant to Health and Safety Code provisions." 2. The IS/MND being prepared will also state that the project is required to adhere to existing laws regarding the discovery of human remains, including the laws pertaining to the discovery of Native American remains. 3. The majority of the excavation for the project will extend to the maximum depths of 2 to 3 feet. Within the project area, artificial fill is likely present to varying depths where it was placed during the construction of the existing street, railroad tracks, high school, and residential and commercial uses. Artificial fill is extremely disturbed in nature and artifactual finds in artificial fill lack integrity that they may have had in their original location. 4. Project plans include drilling cast-in-drilled-hole (CIDH) piles for pedestrian overhead structure support columns that will extend 80 to 100 feet in depth. However, drilling for CIDH piles has limited impact area, which reduces the potential to encounter tribal cultural resources. This method also grinds up the soil and rock into smaller, intermixed pieces, which limits the recovery of artifacts, as well as contextual information. After receiving and reviewing this additional information, please let me if you have still have concerns with this proposed project. Sincerely, Rachel Korkos Senior Project Manager Alameda Corridor-East Construction Authority 4900 Rivergrade Road, Suite A120 Irwindale, CA

32 O F rkorkos@theaceproject.org From: Gabrieleno Band of Mission Indians [mailto:gabrielenoindians@yahoo.com] Sent: Tuesday, July 25, :07 PM To: Rachel Korkos Subject: Mark Christoffels-Alameda Corridor-East Construction Please see attachment Sincerely, Brandy Salas Andrew Salas, Chairman Gabrieleno Band of Mission Indians - Kizh Nation PO Box 393 Covina, CA cell: (626) gabrielenoindians@yahoo.com website: 3

GABRIELEÑO BAND OF MISSION INDIANS KIZH NATION Historically known as The San Gabriel Band of Mission Indians recognized by the State of California as the aboriginal tribe of the Los Angeles basin

33 GABRIELEÑO BAND OF MISSION INDIANS KIZH NATION Historically known as The San Gabriel Band of Mission Indians recognized by the State of California as the aboriginal tribe of the Los Angeles basin Alameda Corridor -East Construction Authority 4900 Rivergrade Rd. Ste. A120 Irwindale, CA July 25, 2017 Re: AB52 Consultation request for Alameda Corridor -East Construction Authority Maple Ave Pedestrian Overhead Structure in Montebello CA Dear Mark Christoffels, Please find this letter as a written request for consultation regarding the above-mentioned project pursuant to Public Resources Code , subd. (d). Your project lies within our ancestral tribal territory, meaning belonging to or inherited from, which is a higher degree of kinship than traditional or cultural affiliation. Your project is located within a sensitive area and may cause a substantial adverse change in the significance of our tribal cultural resources. Most often, a records search for our tribal cultural resources will result in a no records found for the project area. The Native American Heritage Commission (NAHC), ethnographers, historians, and professional archaeologists can only provide limited information that has been previously documented about California Native Tribes. This is the reason the NAHC will always refer the lead agency to the respective Native American Tribe of the area because the NAHC is only aware of general information and are not the experts on each California Tribe. Our Elder Committee & tribal historians are the experts for our Tribe and are able to provide a more complete history (both written and oral) regarding the location of historic villages, trade routes, cemeteries and sacred/religious sites in the project area. Therefore, to avoid adverse effects to our tribal cultural resources, we would like to consult with you and your staff to provide you with a more complete understanding of the prehistoric use(s) of the project area and the potential risks for causing a substantial adverse change to the significance of our tribal cultural resources. Consultation appointments are available on Wednesdays and Thursdays at our offices at 910 N. Citrus Ave. Covina, CA or over the phone. Please call toll free or gabrielenoindians@yahoo.com to schedule an appointment. ** Prior to the first consultation with our Tribe, we ask all those individuals participating in the consultation to view a video produced and provided by CalEPA and the NAHC for sensitivity and understanding of AB52. You can view their videos at: or With Respect, Andrew Salas, Chairman Andrew Salas, Chairman Nadine Salas, Vice-Chairman Christina Swindall Martinez, secretary Albert Perez, treasurer I Martha Gonzalez Lemos, treasurer II Richard Gradias, Chairman of the Council of Elders PO Box 393, Covina, CA gabrielenoindians@yahoo.com

July 1, 1999 PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION

July 1, 1999 PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION Donald A. Fellows, Jr. Manager of Revenue and Tariffs July 1, 1999 (U 338-E) PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION SUBJECT: Notice of Proposed Construction of Facilities