Cultural Resources Study

CULTURAL RESOURCES STUDY

CARMEL RIVER BANK STABILIZATION AT RANCHO SAN CARLOS ROAD CARMEL, MONTEREY COUNTY, CALIFORNIA

Confidential - Not for Public Distribution This report contains confidential cultural resources location information; report distribution should be restricted to those with a need to know. Cultural resources are nonrenewable and their scientific, cultural, and aesthetic values can be significantly impaired by disturbance. To deter vandalism, artifact hunting, and other activities that can damage cultural resources, the locations of cultural resources should be kept confidential. The legal authority to restrict cultural resources information is in Section 304 of the National Historic Preservation Act of 1966, as amended, and California Government Section Code 6254.10 exempts archaeological sites from the California Public Records Act requiring that public records be open to public inspection.

June 2018

CULTURAL RESOURCES STUDY

CARMEL RIVER BANK STABILIZATION AT RANCHO SAN CARLOS ROAD CARMEL, MONTEREY COUNTY, CALIFORNIA

Submitted to:

Larry Hampson, District Engineer Monterey Peninsula Water District P.O. Box 85 Monterey, California 93942

Prepared by:

Lora Holland, M.A., RPA 989173 E. Timothy Jones, M.A., RPA 15531 LSA 157 Park Place Point Richmond, California 94801 510.236.6810

LSA Project No. MPW1701

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EXECUTIVE SUMMARY

LSA conducted this cultural resources study for the proposed Carmel River Bank Stabilization at Rancho San Carlos Road Project (project) in Carmel, Monterey County, California. Because the Monterey Peninsula Water District (Water District) is applying for a Nationwide Permit with the U.S. Army Corps of Engineers San Francisco District (Corps), the Corps is required to address requirements of Section 106 of the National Historic Preservation Act for this undertaking prior to issuance of the permit, including Section 106 implementing regulations at 36 Code of Federal Regulations (CFR) Part 800 and Corps Procedures for the Protection of Historic Properties (33 CFR 325, Appendix C). The study consisted of background research, including a records search and a literature review of the proposed Area of Potential Effects; a pedestrian field survey; a Sacred Lands File search request with the Native American Heritage Commission; and consultation with local Native American tribes and interested parties. These tasks were completed to identify historic properties in the Area of Potential Effects and to assess the potential for cultural resources that may qualify as historic properties, as defined under 36 CFR 800.16(l)(1) and 33 CFR 325(1)(b), Appendix C.

LSA’s study identified the Rancho San Carlos Road Sedge Bed (sedge bed) within the Area of Potential Effects. This sedge bed represents a Native American plant gathering area on the bank of Carmel River that is an important source of Santa Barbara sedge (Carex barbarae) for the Rumsen Ohlone. This property appears eligible for listing in the National Register of Historic Places under Criterion A due to its association with events that have made a significant contribution to the broad patterns of our history, namely as a location where present-day and ancestral Rumsen Ohlone gathered sedge for basket making.

To avoid a potential adverse effect to a historic property, the Water District—in consultation with the Corps and Native American tribes—is proposing temporary protective fencing around the sedge bed to exclude project activities from this area. This protective fencing would be subject to an Environmentally Sensitive Area Action Plan, which is attached to this report. This Action Plan describes the schedule for implementation of this protective measure as well as those parties and individuals responsible for installation of the fencing and its enforcement. With installation of the protective fencing around the sedge bed, a finding of No Adverse Effect is appropriate for this undertaking.

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TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... i TABLE OF CONTENTS ...... ii LIST OF ABBREVIATIONS AND ACRONYMS ...... iv 1.0 INTRODUCTION ...... 1-1 2.0 PROJECT DESCRIPTION ...... 2-3 2.1 Background ...... 2-3 2.2 Proposed Project ...... 2-3 3.0 AREA OF POTENTIAL EFFECTS / PERMIT AREA ...... 3-6 4.0 PROJECT SETTING ...... 4-7 4.1 Environment ...... 4-7 4.2 Precontact ...... 4-7 4.3 Ethnography ...... 4-9 4.4 History ...... 4-10 5.0 LEGISLATIVE AND REGULATORY CONTEXT ...... 5-11 5.1 National Historic Preservation Act (NHPA) ...... 5-11 5.1.1 Section 106 ...... 5-11 5.1.2 National Register of Historic Places (NRHP) ...... 5-11 5.2 California Health and Safety Code Section 7050.5 ...... 5-13 5.3 California Public Resources Code Section 5097.98 ...... 5-14 6.0 STUDY METHODS AND RESULTS ...... 6-15 6.1 Background Research ...... 6-15 6.1.1 Northwest Information Center Records Search ...... 6-15 6.1.2 Literature Review ...... 6-17 6.2 Interested Parties Consultation ...... 6-18 6.2.1 Native American Tribes and Individuals ...... 6-18 6.2.2 Historical Organizations ...... 6-21 6.3 Field Survey ...... 6-22 6.4 NRHP Evaluation ...... 6-22 6.4.1 Criterion A ...... 6-22 6.4.2 Criterion B ...... 6-23 6.4.3 Criterion C ...... 6-23 6.4.4 Criterion D ...... 6-23 6.4.5 Integrity ...... 6-23 6.4.6 Summary ...... 6-24 7.0 FINDING OF EFFECT ...... 7-25 7.1 Criteria of Adverse Effect ...... 7-25 7.1.1 Assessment of Effects ...... 7-26 8.0 SUMMARY OF FINDINGS AND RECOMMENDATIONS ...... 8-27 8.1 Summary ...... 8-27

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8.2 Recommendations ...... 8-27 8.2.1 Installation of Protective Fencing ...... 8-27 8.2.2 Archaeological Monitoring ...... 8-27 8.2.3 Accidental Discovery of Archaeological Deposits and Human Remains ...... 8-28 9.0 REFERENCES CITED ...... 9-29

TABLES Table A: Cultural Resources Recorded within 0.5 Miles of the APE ...... 6-16 Table B: Previous Archaeological Studies within the APE ...... 6-17 Table C: Native American Consultation Summary ...... 6-19 Table D: Historical Organization Consultation Summary ...... 6-21

APPENDICES A: Project Figures Figure 1: Project Location and Vicinity Figure 2: Project Site (USGS Seaside, Calif. topographic map) Figure 3: Cultural Resource Locations Figure 4: Area of Potential Effects

B: Cultural Resource Records P-27-000157/CA-MNT-21 P-27-002128/CA-MNT-1912 P-27-002130/CA-MNT-1914H Rancho San Carlos Road Sedge Bed

C: Consultation and Outreach Correspondence Native American Tribes and Individuals Historical Organizations

D: ESA Action Plan

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LIST OF ABBREVIATIONS AND ACRONYMS

APE Area of Potential Effects

Corps United States Army Corps of Engineers

CRHR California Register of Historical Resources

DPR 523 California Department of Parks and Recreation 523 series forms

ESA Environmentally Sensitive Area

GPS Global Positioning System

HSC California Health and Safety Code

MLD Most Likely Descendent

NHPA National Historic Preservation Act of 1966, as amended

NRHP National Register of Historic Places

NWP Nationwide Permit

NAHC Native American Heritage Commission

NWIC Northwest Information Center

OCEN Ohlone/Costanoan—Esselen Nation

PRC California Public Resources Code

Section 106 Section 106 of the National Historic Preservation Act of 1966, as amended

Section 404 Section 404 of the Clean Water Act

USGS United States Geological Survey

Water District Monterey Peninsula Water District

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1.0 INTRODUCTION

The Monterey Peninsula Water District (Water District) proposes the Carmel River Bank Stabilization at Rancho San Carlos Road Project (the “project”) in Carmel, Monterey County, California (Appendix A: Figures 1 and 2). The project would repair bank erosion along the Carmel River of approximately 75 feet of the north streambank and up to 400 feet of the south streambank, just downstream of the Rancho San Carlos Road Bridge at river mile 3.8. An Area of Potential Effects (i.e., the “permit area”) has been proposed for this project and is depicted in Appendix A (Figure 4) and described in Section 3.0 of this report.

As the project would affect waters of the United States, the project proponent (Water District) must meet the requirements of Section 404 of the Clean Water Act and therefore, must apply for a Nationwide Permit (NWP) from the United States Army Corps of Engineers, San Francisco District (Corps). Section 106 of the National Historic Preservation Act of 1966, as amended, requires that every federal agency “take into account” the effect of its undertakings on historic properties. Issuance of an NWP for this project is an undertaking (as defined at 36 Code of Federal Regulations [CFR] 800.16(y)) with the potential to cause effects on historic properties (36 CFR 800.3(a)), and as such, the requirements of Section 106 must be met to take into account the effect of the undertaking on any district, site, building, structure, or object that is included in, or eligible or inclusion in, the National Register of Historic Places (NRHP). LSA prepared this cultural resources study at the request of the Water District for submittal to the Corps with the NWP application. This study was undertaken to assist the Corps with their requirements under Section 106 and their consultation obligations with the State Office of Historic Preservation pursuant to 36 CFR 800.3(c)(3).

This report documents tasks completed to date to identify cultural resources that have the potential to qualify as historic properties under Section 106. Tasks completed for this study consist of archival background research, including a records search at the regional Information Center of the California Historical Resources Information System and a literature review; consultation with local Native American tribes and interested parties; and a cultural resources field survey.

LSA’s study identified the Rancho San Carlos Road Sedge Bed (sedge bed) within the Area of Potential Effects (APE). This sedge bed represents a Native American plant gathering area on the bank of Carmel River that is an important source of Santa Barbara sedge (Carex barbarae) for the Rumsen Ohlone (Appendix A: Figures 3-4). This historic property has been documented on California Department of Parks and Recreation 523 (DPR 523) series forms (Appendix B).

Based on information gathered during the consultation and outreach conducted with Native American tribes and stakeholders for this project, the sedge bed in the APE appears eligible for listing in the NRHP under Criterion A and retains integrity of relationship with a living community and retains good integrity of condition (Parker and King 1998:11-12).

During a field visit by; Ms. Linda Yamane, a Rumsen Ohlone tribal member, cultural educator, and Ohlone basket weaver; an LSA cultural resources manager; and Water District representatives, the extent of the sedge gathering area was defined and an ESA Action Plan is proposed herein (see

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Section 8.2.1, Appendix D) this location as an Environmentally Sensitive Area (ESA) to establish within which all project-related activities would be excluded. The undertaking would have no adverse effect on this historic property based on the establishment and enforcement of an ESA for the duration of the project.

No additional cultural resources were identified in the APE as a result of this study and excavation for the project would occur mostly within the active stream channel where there is a low potential for buried archaeological deposits. However, grading and grubbing will occur on the surface of the riverbanks where the native ground surface was obscured by heavy vegetation during the field survey. Therefore, due to the environmental setting; proximity to P-27-002128 / CA-MNT-1912 a precontact habitation site with midden, marine shell, and lithic artifacts to the APE; and the lack of surface visibility during the field survey, there is the potential to encounter archaeological deposits during grubbing and grading.

Lora Holland oversaw the tasks completed for this study and co-authored this report. Ms. Holland has 15 years of experience in maritime and terrestrial archaeology. She holds an M.A. in Anthropology from the University of West Florida, Pensacola, and is Registered Professional Archaeologist 989173. E. Timothy Jones co-authored this report and provided technical review. Mr. Jones has 17 years of experience in California cultural resource management. He holds an M.A. in Cultural Resources Management from Sonoma State University and is Registered Professional Archaeologist #15531. Both Mr. Jones and Ms. Holland meet the Secretary of the Interior’s Professional Qualifications Standards for archeology (48 CFR 44716).

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2.0 PROJECT DESCRIPTION

2.1 BACKGROUND Streambank erosion occurred in the winter of 2017 along approximately 75 feet of the north streambank and up to 400 feet of the south streambank just downstream of the Rancho San Carlos Road Bridge at river mile 3.8. The locations of this erosion are shown on Exhibit 1, 2, and 3 below and on Figure 3 in Appendix A. The north streambank initially started showing signs of instability in 2011 when moderate flows were directed by a large gravel bar directly into the streambank. However, this bank continued to show only minor adjustments during the drought years of 2012- 2015. Then, during high flow events in January and February of 2017, the south bank on the outside of the meander bend had a significant failure where approximately 10 to 15 feet of property over approximately 300 feet eroded into the river, resulting in the loss of several large cottonwood trees.

Temporary measures to stabilize the north bank, including installation of jute net, sand bags, large wood, and willow cuttings, were not adequate to protect the bank from large flow events. Now, the new erosion of the south bank on the outside of the meander bend threatens the loss of additional land, including a portion of the only remaining mature riparian forest along the lower 15 miles of the river. To address this, the District proposes to restore and stabilize these two streambanks, encourage deposition between the vanes, and focus the energy of the river into the center of the active channel.

2.2 PROPOSED PROJECT The Water District proposes to construct a log crib wall beginning at the end of the concrete debris on the south bank, and extends for approximately 160 feet downstream. The crib wall will protect the most vulnerable portion of the bank and reshape the bank in a way that will eliminate the “scalloped” shape that formed after the major failure during winter 2017.

Construction of the crib wall involves excavating below the riverbed approximately 6 feet to place 1.5-ton boulders. Logs will be placed on top of these boulders and back filled with half-ton rock and smaller channel material such as cobbles and gravels as elevation increases. Log sizes will be 15 feet long and vary in diameter from 9 to 15 inches. A final set of boulders will be placed at the back of the crib wall structure to anchor the logs. These boulders will be buried after the project is complete with a slope of 2:1. The final slope will be covered with an erosion control blanket and planted with willows and black cottonwoods.

The stabilization structure for the north bank incorporates boulders, logs with rootwads, and riverbed material such as gravel and cobble. The basic design uses 1.5-ton boulders as footers to help support the logs and footer log. Log sizes will be 18 feet by 18 inches in diameter. Log anchors will also be incorporated to secure them to the site. The area will be revegetated with willows and black cottonwoods.

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Exhibit 1: Aerial Photograph showing locations of erosion just downstream of Rancho San Carlos Rd. Bridge

Exhibit 2: Arrow indicating north bank area susceptible to erosion along Moratz property, Carmel, Monterey County. Photograph taken on March 27, 2017.

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Exhibit 3: South bank erosion on outside of meander bend with mature cottonwood trees eroding into the river during high flows along the Quail Lodge, Inc. property, Carmel, Monterey County, California. Photograph taken March 27, 2017.

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3.0 AREA OF POTENTIAL EFFECTS / PERMIT AREA

The APE for the project is depicted in detail on Figure 3 (Appendix A) and was established in consultation with the Water District and local Native American tribes. The APE encompasses the Corps’ permit area, which includes “those areas comprising the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures” (33 CFR 325 Appendix C).

The APE encompasses the maximum horizontal extent of project ground disturbance, including excavation, staging, and construction vehicle access points and routes of travel to the streambank repair locations. An approximately 400-foot-long stretch of Rancho San Carlos Road borders the APE on the east. From Rancho San Carlos Road, the APE extends approximately 910 feet westward along the Carmel River which bisects the APE. Project staging would occur on the Quail Lodge, Inc. property north of the Santa Lucia Conservancy property at 26700 Rancho San Carlos Road. The project would be accessed from the Santa Lucia Conservancy property and via an unpaved road southwest of the Carmel Valley Road and Rancho San Carlos Road intersection.

An APE for indirect effects was not established as there are no built-environment historic properties or traditional cultural properties adjacent to the project that would be subject to effects from permanent or temporary visual, auditory, or vibration impacts.

The vertical APE is 6 feet, which is the maximum depth of project excavation within the riverbed. Excavation along the river bank would consist of grading and limited vegetation removal on the south and north banks, and the placement of willow cuttings in the streambank and channel bottom to a depth of approximately 2 feet.

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4.0 PROJECT SETTING

4.1 ENVIRONMENT The project is in Carmel Valley within unsectioned lands of Rancho Canada de la Segunda and Rancho El Potrero de San Carlos, Township 16 South/Range 1 East, Mount Diablo Base Line and Meridian, as depicted on the Seaside, Calif., United States Geological Survey (USGS) topographic quadrangle (Appendix A: Figure 2). The topography of the APE consists of a relatively flat streamside terrace with an elevation of approximately 60 feet above means sea level.

Mapped soils in the APE comprise two types (Natural Resources Conservation Service 2018). Pico fine sandy loam is mapped at the southern and northern access points to the APE, consisting of deep, well-drained soils that formed on floodplains from coarse-loamy alluvium derived from sedimentary rock. A typical A horizon for Pico soils consists of gray-brown soil (10YR or 2.5Y) to a depth of approximately 14 inches, underlain by a C horizon that is gray-brown or very pale brown (10YR or 2.5Y). Tujunga fine sand is mapped along the banks of Carmel River, consisting of very deep, somewhat excessively drained soils that form on alluvial fans and floodplains from igneous and sedimentary rock. A typical A horizon for Tujunga soils consists of a shallow (0-4 inches) brown or dark grayish-brown loam (10YR), underlain by a C horizon that is pale brown to dark grayish brown (10YR).

The surface geology within the APE is mapped as Holocene younger floodplain deposits (Qyf) (Clark et al. 1997). These younger floodplain deposits consist of unconsolidated, relatively fine-grained heterogeneous deposits of sand and silt. This landform commonly includes relatively thin, discontinuous layers of clay.

The APE includes a section of the Carmel River. This 36-mile-long river originates in the Ventana Wilderness Area of the Santa Lucia Range and flows westward through the Carmel Valley with its mouth at the Pacific Ocean at Carmel Bay.

Native vegetation in the APE consisted of riparian woodland, characterized by moisture-dependent trees, including western sycamore, big leaf maple, red alder, white alder, several species of willow, black cottonwood, valley oak, and California bay. This riparian forest transitioned to coastal cypress and pine forest along the lower reaches of Carmel Valley to Carmel Bay. The riparian corridor provided habitat to several species of fish, mammals, and birds that were important to the original Ohlone inhabitants of this region.

4.2 PRECONTACT The precontact chronology for the Monterey Bay Area, including the Carmel Valley, is described in Jones et al. (2007), who identify six cultural periods for the Central Coast region. This chronology— which relies heavily on Olivella shell bead horizon sequences—consists of the Paleo-Indian (pre- 8000 cal. B.C.), Millingstone (8,000 to 3,500 cal. B.C.), Early (3,500 to 600 cal. B.C.), Middle (600 cal. B.C. to cal. A.D. 1000), Middle/Late Transition (cal. A.D. 1000 to 1250), and Late (cal. A.D. 1250 to 1769) periods. Recently, however, Breschini and Haversat (2011) have questioned the validity of this

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sequence for the Monterey Peninsula area, suggesting the Central Coast sequence proposed by Jones et al. (2007) does not account for chronological data derived from numerous radiocarbon dates from sites in the Monterey Peninsula area.

The two earliest chronological periods identified for the Central Coast region, as described by Jones et al. 2007), have not been identified in the Monterey Bay area. Although evidence for Paleo-Indian occupation in the Central Coast is suggested by the presence of isolated fluted projectile points, no components have been dated to this period (Jones et al. 2007:135). As noted by Jones et al. (2007:135) the Early Holocene Millingstone Period sites include “large numbers of well-made handstones and/or millingslabs, crude core and cobble-core tools, and less abundant flake tools and large side-notched projectile points.” Although Early Holocene sites have been identified in the Monterey Bay area, none appear to be Millingstone components. Early Holocene sites from this area include abundant marine and terrestrial faunal remains (suggesting a hunting emphasis) and infrequent handstones and millingslabs (Breschini and Haversat 2011).

In the Monterey Bay area, most Early Period sites are found along the shoreline and include assemblages containing contracting-stemmed, Rossi square-stemmed, Año Nuevo long-stemmed, and large side-notched projectile points; a retention of some Millingstone Period traits, including the handstone and millingslab; cobble-core tools; and mortars and pestles, which appear for the first time in the local archaeological record. Early Period site assemblages indicate a generalized forager adaptation that includes hunting, fishing, and gathering (Breschini and Haversat 2011:13).

The Middle Period is marked by the disappearance of square-stemmed and large side-notched variants, while contracting-stemmed projectile points are retained. Towards the end of the period, small leaf-shaped projectile points appear, indicating the introduction of the bow-and-arrow. Ground stone assemblages retain the millingslab and handstone, although portable mortars and pestles are more common in some assemblages.

Notably, Breschini and Haversat (2011:15-16) identify a chronological “gap” in the local archaeological record between 200 cal. B.C. and cal. A.D. 700 during the Middle Period, suggesting abandonment or cultural displacement of populations in this area, or a significant change in the local subsistence and settlement pattern.

The Middle/Late Transition Period occurred at different times in different areas of the Central Coast, although it is generally seen in assemblages sometime after A.D. 1000. The Middle/Late Transition is marked by the appearance of double side-notched and Cottonwood projectile points, with retention of older, contracting-stemmed and small leaf-shaped projectile point types. Evidence of the Middle/Late Transition has not been identified in the Monterey Bay area, however (Breschini and Haversat 2011:19), and the timing and presence of this period in the Central Coast is an important research topic.

The Late Period is characterized by an artifact assemblage that includes abundant Desert side- notched and Cottonwood projectile points, small bifacial bead drills, bedrock and hopper mortars, lipped (Class E) and cupped (Class K) Olivella beads, and steatite beads. Late Period sites in the Monterey Peninsula suggest population expansion, although sites are most abundant in the interior (Breschini and Haversat 2011:18-19; Jones et al. 2007:140).

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4.3 ETHNOGRAPHY The Central Coast includes the ancestral territory of the Costanoan, also commonly referred to as Ohlone. Eight Ohlone languages were spoken in the area from the southern edge of the Carquinez Strait to a portion of the Big Sur and Salinas rivers south of Monterey Bay, to approximately 50 miles inland from the coast (Levy 1978). The APE is situated within the Rumsen ethnolinguistic group of the Ohlone people, whose territory included the lower Carmel Valley. The upper Carmel Valley was occupied by the Esselen, whose language and culture were distinct from the Rumsen’s.

The Ohlone lived in tribelets, which were autonomous political units that occupied a distinct territory (Kroeber 1955). Tribelets generally consisted of one main village occupied year-round and a series of smaller hamlets and resource gathering and processing locations occupied intermittently or seasonally. Tribelet population ranged between 50 and 500 persons and was largely determined by the carrying capacity of a tribelet’s territory. Rumsen territory included at least five villages at the time of Euro-American contact that comprised a tribelet that encompassed approximately 400 km2 on the Monterey Peninsula and lower Carmel Valley: Tucutnut, Achasta, Ichxenta, Socorronda, and Echilat (Breschini and Haversat 1985:1-2).

Ohlone groups employed a gender-based division of labor to hunt and gather food. Women gathered and processed a variety of nuts, seeds, and berries (Levy 1978:491). Important food staples included acorns gathered from different oak species; nuts from the buckeye tree; hazelnuts; grassland and plant seeds from buttercup, chia, redmaids, tarweed, and gray pine; wild strawberries, elderberries, madrone berries; and wild grapes. The diet was supplemented by hunting and gathering numerous creek, shore, and terrestrial species (Levy 1978:491-492; Margolin 1978:40). Small creeks in the hills were fished for trout, while groups with access to bay and estuarine resources acquired shellfish, waterfowl, salmon, sturgeon, and lamprey eels. Larger terrestrial mammals (e.g., grizzly bear, Roosevelt elk, and black tailed deer) were hunted with the bow and arrow, while communal drives and nets were used to capture smaller game (e.g., rabbits, mice, and rats).

Resources were distributed via trade networks between the Ohlone and neighboring groups (Davis 1961:19). Ohlone traded abalone, mussels, salt, Olivella shells, and bows to the Sierra Miwok and Yokuts groups to the east. Pinon nuts obtained from the Yokuts are the only ethnographically documented import of Ohlone groups, although undoubtedly other significant economic items, including obsidian used for tools, were imported as well.

By the late 18th century, Spanish exploration and settlement of the Bay Area and Central Coast transformed Ohlone culture. Spanish settlers moved into northern California and established the mission system that exposed the Ohlone to diseases to which they had no immunity. Mission San Carlos Boromeo—located approximately two miles west of the APE was established in 1770.

Ohlone people currently live in Monterey County and continue to engage in traditional cultural practices, such as basket making. Tribal organizations such as the Amah Mutsun Tribal Band and the Ohlone/Costanoan-Esselen Nation provide members and the surrounding communities with economic and educational opportunities and seek to preserve their traditional heritage.

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4.4 HISTORY Euro-American exploration of the Carmel Valley began in 1603, when Sebastien Vizcaino encountered El Rio de Carmelo (Carmel River) in January of that year. It is believed he named the river after the three Carmelite friars who were part of the exploration party (Gudde 1998:66). In 1771, Mission San Carlos moved from Monterey to the site of Mission San Carlos Borromeo del río Carmelo (Mission Carmel), near the Carmel River. The early agricultural efforts of the Mission were unsuccessful given a lack of knowledge of the soil quality in the area. In 1771, Father Junipero Serra wrote to Francisco Palou about these difficulties, saying,

“Everything came out fine, but nothing grew to maturity. We were all greatly puzzled. Later we found out that the ground, while showing no signs of it, at times is washed over by the salt water of the bay and so is fit for nothing but nettles and reeds” (Carmel River Watershed Association 2010).

In 1833, the Mexican congress passed the Secularization Act, which directed the breakup of California’s 21 missions as a means to transfer mission lands to settlers. Land grants in the Carmel Valley created several ranchos from former mission lands, including Rancho Potrero de San Carlos, which encompasses the APE. This 4,307-acre rancho was established in 1837 when Governor Juan B. Alvarado granted the land to Fructuoso del Real.

The APE is situated near the Camino de Cerretas, one of two early roads established within Rancho San Carlos, the other being Camino para San Francisquito (Costello and Simpson-Smith 1998:13-14). Camino de Cerretas was established circa 1835 and is likely an early version of Rancho San Carlos Road, which borders the APE on the east. No other historic-period developments are noted directly within the APE on historical maps. Historically, the APE was within the floodplain and likely served as pasture land during the mission and rancho periods.

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5.0 LEGISLATIVE AND REGULATORY CONTEXT

This section describes the principal federal and state regulations, laws, and codes that apply to the project.

5.1 NATIONAL HISTORIC PRESERVATION ACT (NHPA) The NHPA of 1966 establishes the role and responsibilities of the federal government in historic preservation. Toward this end, the NHPA directs agencies (1) to identify and manage historic properties under their control; (2) to undertake actions that will advance the Act’s provisions, and avoid actions contrary to its purposes; (3) to consult with others while carrying out historic preservation activities; and (4) to consider the effects of their actions on historic properties.

The Corps’ procedures to fulfill the requirements of the NHPA, as this legislation relates to the regulatory program of the Corps, are included in Appendix C of 33 CFR 325 (“Procedures for the Protection of Historic Properties”).

5.1.1 Section 106 Section 106 of the NHPA of 1966 requires federal agencies to (1) take into account the effects of their undertakings on historic properties; and (2) afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on potential effects. The regulations that implement Section 106 and outline the historic preservation review process are at 36 CFR Part 800.

Some degree of review under Section 106 must be conducted for all federal, federally assisted, federally licensed, or federally funded projects. If a project is subject to federal jurisdiction and the project is an undertaking as defined at 36 CFR 800.16(y) with the potential to cause effects on historic properties (36 CFR 800.3(a)), Section 106 of the NHPA must be addressed to take into account the effect of the undertaking on any district, site, building, structure, or object included in or eligible for inclusion in the NRHP (i.e., historic properties).

5.1.2 National Register of Historic Places (NRHP) The NRHP was authorized by Section 101 of the NHPA as the nation’s official list of cultural resources worthy of preservation. Properties listed in the NRHP consist of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture. Properties listed in or eligible for listing in the NRHP are considered in planning and environmental review, and effects to such properties are primarily addressed under Section 106.

The criteria for determining a resource’s eligibility for NRHP listing are defined at 36 CFR 60.4 and are as follows:

. . .the quality of significance in American history, architecture, archaeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and

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A) That are associated with events that have made a significant contribution to the broad patterns of our history; or

B) That are associated with the lives of persons significant in our past; or

C) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

D) That have yielded, or may be likely to yield, information important in prehistory or history.

Under criteria A, B, and C, the NRHP places an emphasis on a resource appearing as it did during its period of significance to convey historical significance; under Criterion D, properties convey significance through the information they contain (National Park Service 2000:38).

National Register Bulletin How to Apply the National Register Criteria for Evaluation states that in order for a property to qualify for listing in the NRHP, it must meet at least one of the NRHP criteria by (1) being associated with an important historic context, and( 2) retaining historic integrity of those features necessary to convey its significance (National Park Service 1997). The historic context of a resource will define the theme(s), geographical limits, and period of significance by which to evaluate a resource’s significance (National Park Service 1997:7).

Generally, cultural properties must be 50 years of age or more to be eligible for listing in the NRHP. According to the National Park Service (1997:2), “properties that have achieved significance within the past 50 years shall not be considered eligible” unless such properties are “of exceptional importance.”

5.1.2.1 Historical Integrity In addition to meeting one or more of the significance criteria, a cultural resource must retain its historical integrity to be considered eligible for listing in the NRHP. Historical integrity is defined as the ability of a resource to convey its significance. The evaluation of integrity must be grounded in an understanding of a resource’s physical features and its environment, and how these relate to its significance. “The retention of specific aspects of integrity is paramount for a property to convey its significance” (National Park Service 1997:44). There are seven aspects of integrity to consider when evaluating a cultural resource: location, design, setting, materials, workmanship, feeling, and association (National Park Service 1997:44-45).

• Location is the place where the historic property was constructed or the place where the historic event occurred. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons.

• Design is the combination of elements that create the form, plan, space, structure, and style of a property. Design includes such elements as organization of space, proportion, scale, technology, ornamentation, and materials.

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• Setting is the physical environment of a historic property. Setting refers to the character of the place in which the property played its historical role. Physical features that constitute the setting of a historic property can be either natural or manmade, including topographic features, vegetation, paths or fences, or relationships between buildings and other features or open space.

• Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property.

• Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of the artisan's labor and skill in constructing or altering a building, structure, object, or site.

• Feeling is a property’s expression of the aesthetic or historic sense of a particular period of time. It results from the presence of physical features that, taken together, convey the property's historic character.

• Association is the direct link between an important historic event or person and a historic property.

For archaeological resources, the term “integrity” is used to describe the level of preservation or quality of information contained within a district, site, or excavated assemblage. Integrity is relative to the specific significance, which the resource conveys. Although it is possible to correlate the seven aspects of integrity with standard archaeological site characteristics, those aspects are often unclear for evaluating the ability of an archaeological resource to convey significance under Criterion D. Under Criterion D, the integrity of archaeological resources is judged according to the ability of the site to yield scientific and cultural information that can be used to address important research questions (Little et al. 2000:35-42).

5.1.2.2 Eligibility Resources that are significant within an important historic context, meet the age guidelines, and possess integrity will generally be considered eligible for listing in the NRHP.

5.2 CALIFORNIA HEALTH AND SAFETY CODE SECTION 7050.5 Section 7050.5 of the California Health and Safety Code (HSC) states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains are discovered has determined whether or not the remains are subject to the coroner’s authority. If the human remains are of Native American origin, the coroner must notify the Native American Heritage Commission within 24 hours of this identification.

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5.3 CALIFORNIA PUBLIC RESOURCES CODE SECTION 5097.98 Section 5097.98 of the California Public Resources Code (PRC) states that the Native American Heritage Commission (NAHC), upon notification of the discovery of Native American human remains pursuant to HSC §7050.5, shall immediately notify those persons (i.e., the Most Likely Descendent or “MLD”) it believes to be descended from the deceased. With permission of the landowner or a designated representative, the MLD may inspect the remains and any associated cultural materials and make recommendations for treatment or disposition of the remains and associated grave goods. The MLD shall provide recommendations or preferences for treatment of the remains and associated cultural materials within 48 hours of being granted access to the site.

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6.0 STUDY METHODS AND RESULTS

LSA conducted background research to identify cultural resources within, and cultural resources studies of, the APE, and to assess the potential for subsurface archaeological deposits. The background research consisted of a records search at the Northwest Information Center (NWIC) and a literature review. LSA and the Water District conducted consultation and outreach with Native American tribes and historical organizations to identify information and concerns regarding cultural resources in the APE. Qualified LSA staff completed field surveys to identify historic properties in the APE. Finally, LSA completed a NRHP evaluation of sedge bed, which consultation and field survey identified in the APE. The results of these tasks are described and summarized below.

6.1 BACKGROUND RESEARCH 6.1.1 Northwest Information Center Records Search LSA conducted a records search (#17-710) at the NWIC of the APE and a 0.5-mile radius on January 2, 2018. The NWIC, an affiliate of the State of California Office of Historic Preservation, is the official state repository of cultural resource records and reports for Monterey County.

The records search also included a review of the following federal and state cultural resource inventories:

• California Inventory of Historic Resources (California Office of Historic Preservation 1976);

• Five Views: An Ethnic Historic Site Survey for California (California Office of Historic Preservation 1988);

• California Points of Historical Interest (California Office of Historic Preservation 1992);

• California Historical Landmarks (California Office of Historic Preservation 1996);

• Directory of Properties in the Historic Property Data File (California Office of Historic Preservation 2012). The directory includes the listings of the NRHP, National Historic Landmarks, the California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest;

• Monterey County Historical Inventory (On file at the NWIC 1970).

6.1.1.1 Records Search Results The records search at the NWIC did not identify cultural resources within the APE.

There are three cultural resources recorded within 0.5 miles of the APE, consisting of Rancho San Carlos Road and two Native American archaeological sites (Appendix A: Figure 3; Appendix B; Table A). The alignment of modern Rancho San Carlos Road may date to circa 1835, when the “Camino de Cerretas” appears on the diseño for El Potrero de San Carlos Rancho at the approximate location of the modern road (Costello and Simpson-Smith 1998:13-14). A previous cultural resource inventory

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identified nine segments of Rancho San Carlos Road that represent earlier mapped alignments, none of which are in or adjacent to the current APE (Costello and Simpson-Smith 1998:15-16). Rancho San Carlos Road does not appear eligible for listing in the California Register of Historical Resources (CRHR) due to modern improvements that have compromised the integrity of the early 19th-century road (Costello and Simpson-Smith 1998:17). As such, this historic-period resource would not qualify for listing in the NRHP, as the eligibility requirements of this register are similar to those of the CRHR.

Approximately 0.5 miles east of the APE is the reported location of an ethnographic village, P-27- 000157/CA-MNT-21 (Appendix A: Figure 3). Pilling and Fisher recorded this site in 1948 from information provided by Isabella Meadows, “one of the last Carmel Valley Indians able to provide reliable information on the distant past” (Breschini and Haversat 1985:10). This site may represent the village of Tucutnut. Pilling and Fisher’s 1948 site record for P-27-000157/CA-MNT-21 (Appendix B) indicates a communication from a nephew of Isabella Meadows that the site was occupied in 1886. Wood houses, ironstone porcelain, mussel, and abalone shells were reported at the site.

Approximately 200 feet south of the APE is a precontact Native American habitation site, P-27- 002128/CA-MNT-1912 (Appendix A: Figure 3). Archaeologists with Foothill Resources, Ltd., recorded this site in 1998 and observed a “small prehistoric site consisting of midden, shell, and lithics” (Appendix B). The constituents observed at the site consist of mussel, clam, abalone, barnacle, and Olivella shell; fire-cracked rock; ground stone; chert, quartz, and granite, and “Carmel stone” lithic materials; and one historic-period ceramic fragment.

Table A: Cultural Resources Recorded within 0.5 Miles of the APE

Resource Resource Description Resource Location Identifier P-27-000157 / CA-MNT-21 Ethnographic village; possible location of Tucutnut ~0.5 miles east of the APE at south bank of Carmel River P-27-002128 / CA-MNT-1912 Precontact habitation site with midden, marine shell, and lithic ~200 feet south of the APE artifacts P-27-002130 / CA-MNT-1914H Rancho San Carlos Road East of, and adjacent to, the APE

There are six cultural resources studies on file at the NWIC that include the current APE, as summarized below in Table B. These studies consist of an archaeological sensitivity assessment (Breschini and Haversat 1985) and five cultural resource field surveys south of Carmel River (Breschini and Haversat 1991, 1994; Doane and Breschini 1998, 2004; Jablonowski 1989). No reports are on file at the NWIC that describe previous field survey of the APE north of Carmel River.

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Table B: Previous Archaeological Studies within the APE

Author (Year) Study Type Results

Breschini and Haversat Archaeological sensitivity mapping for the APE is mapped within High Sensitivity Zone for (1985) Carmel Valley Master Plan EIR archaeological deposits Breschini and Haversat Cultural resource reconnaissance of Rancho San No cultural resources identified in APE (1991, 1994) Carlos; study included current APE south of Carmel River Jablonowski (1989) Cultural resource reconnaissance and four auger No cultural resources identified in APE excavations; study included the current APE south of Carmel River Doane and Breschini Cultural resource reconnaissance; study included No cultural resources identified in APE; P-27- (1998, 2004) the current APE south of Carmel River 002128 identified southwest of APE

6.1.2 Literature Review LSA reviewed archaeological literature and environmental data, and historical maps to assess the potential for the APE to contain buried precontact and historic-period archaeological deposits in the APE that may be affected by the undertaking.

6.1.2.1 Literature Review Results Geologic and soils maps were reviewed for the APE (Clark et al. 1997; Natural Resources Conservation Service 2018). The age of a particular landform can be used to determine the potential for buried archaeological deposits. Certain landforms are too old (>15,000 years before present) to contain buried precontact archaeological deposits. Holocene-age (11,700 cal. years before present) landforms (e.g., alluvial fans and floodplains), in contrast, have a general potential for containing buried precontact archaeological deposits as these contain surfaces that were available for human occupation and use during the precontact period. Furthermore, Holocene landforms within 200 meters (656 feet) of a natural water source (e.g., stream or bay) have an elevated sensitivity for buried archaeological deposits (Rosenthal et al. 2003:72-76 due to natural and cultural variables (i.e., depositional episodes and the greater likelihood for settlements to occur near a water source).

Holocene younger floodplain deposits (Qyf) are mapped within the APE. The presence of this landform in the APE, as well as the APE’s location along a natural water course, indicates a general potential for buried surfaces (paleosols) that may have been inhabited during the course of human occupation of the lower Carmel Valley. For this project, however, excavation would occur within the river bottom rather than within adjacent Holocene floodplain and levee deposits where buried archaeological deposits could occur. Buried archaeological deposits are, therefore, not anticipated to be encountered within the creek bottom excavation proposed for this project.

Ethnographic sources indicate the presence of contact-period villages in lower Carmel Valley, including near the APE. The village of Tucutnut was nearby and is possibly represented by P-27- 000157/ CA-MNT-21 (see discussion under Section 6.1.1.1). Other reported ethnographic villages in Carmel Valley and adjacent canyons include Ichxenta and Socorronda (Breschini and Haversat 1985; Levy 1978; Milliken 1981). The presence of these nearby ethnographic villages, as well as contemporary Rumsen Ohlone who confirm the use of the APE and vicinity as a collection area for

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basketry materials (see discussion under Section 6.2.1), indicates that the APE and vicinity are highly sensitive for archaeological and tribal cultural properties.

An early alignment of Rancho San Carlos Road is shown as “Camino de Cerretas” on the circa 1835 diseño for Rancho El Potrero de San Carlos. Vestiges of this early road, however, are unlikely to exist in the APE due to subsequent historic-period and modern developments that likely removed this feature.

Sanborn Fire Insurance maps do not provide coverage of the APE or vicinity, indicating that physical development was too sparse to warrant inspection by the insurance industry in the late 19th and early 20th centuries.

Early 20th century USGS topographic maps do not depict buildings or other evidence of habitation in or adjacent to the APE, indicating a low potential for historic-period domestic refuse or associated deposits (USGS 1913, 1941).

6.2 INTERESTED PARTIES CONSULTATION 6.2.1 Native American Tribes and Individuals The APE is situated on both banks of the Carmel River in an area intensively utilized by both ancestral and contemporary tribal groups. Due to the sensitivity of the APE for Native American historic properties, and pursuant to the requirements of 36 CFR 800.2(c), the Water District consulted with local Native American tribes and stakeholders to identify information and concerns regarding tribal cultural resources in the APE. Consultation correspondence is attached to this report in Appendix C. A chronological summary of consultation correspondence and meetings is presented below.

6.2.1.1 Correspondence • In an August 27, 2017, letter to Santa Lucia Conservancy Executive Director Ms. Christy Fischer, Linda Yamane, a Rumsen Ohlone, expressed concern regarding the proposed project’s potential to disturb streambank concentrations of sedge (Carex barbarae), an important plant used in the manufacture of traditional basketry. Ms. Yamane is a respected authority on Rumsen Ohlone basketry, including traditional basket-making practices and materials. Ms. Yamane stated that the sedge “is culturally vital to the continuity of local Rumsen Ohlone Native American basketry.”

• In a November 13, 2017, letter to the Water District, Louis Trevino, a Rumsen Ohlone, also stated that the sedge concentrations are highly important in the manufacture of traditional basketry. The letter provided an overview of Rumsen basket weaving and requested that the sedge concentration be protected during the project’s streambank repair activities. Mr. Trevino noted that “without the bed at the streambank, which is a sedge bed certainly used by our direct ancestors, they will not be able to make [the baskets] in the same way in the future.”

• In a November 13, 2017, email to the Water District, Annie Holdren, Ph.D., also expressed concern about preservation of the sedge beds. Dr. Holdren noted, “the sedge plants hold significant natural and cultural value” and recommended that a cultural resources study be

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conducted if the Water District Board was “uncertain about the cultural value of a bank restoration that retains the sedge bed”.

• On December 21, 2017, LSA sent a letter describing the project with maps depicting the APE to the NAHC in Sacramento requesting a review of their Sacred Lands File for any Native American cultural resources that might be affected by the project. LSA also requested the names of Native American tribes that might have information or concerns about the project. Mr. Frank Lienert, Associate Government Program Analyst, in a fax dated December 28, 2018, informed LSA that a records search of the Sacred Lands File had “negative results.” Mr. Lienert also provided a list of Native American tribal contacts.

• On March 5, 2018, the Water District sent a letter with maps to the Native Americans listed on the NAHC tribal contact list, as well as additional tribal stakeholders not included on the NAHC list, which have previously contacted the Water District with information or concerns regarding tribal cultural resources in the APE. The Water District did not follow up with individuals that did not respond to the initial letter. Responses that were received to the Water District’s letters are documented in Table C.

• In a letter dated April 10, 2018, Ohlone/Costanoan-Esselen Nation (OCEN) Chairperson Louise Miranda-Ramirez stated that OCEN “objects to all excavation in known cultural lands”; OCEN requested consultation with the lead agency.

On April 16, 2018, Water District Engineer Larry Hampson sent an email to OCEN Chairperson Louise Miranda-Ramirez stating, “Thank you Chairwoman Ramirez. I received your letter and map today, Monday April 16. Based on the map you sent, it appears the project site, which is four miles upstream of the ocean along the Carmel River, lies near Achasta. I have not received a cultural resources report for the project, yet; however, the Native American Heritage Commission search (attached) came up negative for cultural resources. We will be in contact with you about the project.”

Table C: Native American Consultation Summary

Date and Tribal Medium of Organization/ Individual Tribal Response Affiliation Follow-up Contact Tom Little Bear Nason Esselen Tribe 38655 Tassaiara Rd. of Monterey Carmel Valley, CA 93924 None to date None to date County (408) 659-2153 Tony Cerda, 244 E. 1st Street Chairperson Pomona, CA 91766 Costanoan (909) 524-8041 Cell Rumsen None to date None to Date (909) 629-6081 Carmel Tribe [email protected]

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Date and Tribal Medium of Organization/ Individual Tribal Response Affiliation Follow-up Contact Louise Miranda-Ramirez, In a letter dated April 10, 2018, P.O. Box 1301 Chairperson Ohlone/Costanoan-Esselen Nation (OCEN) Monterey, CA 93942 Ohlone/Costan April 16, 2018; Chairperson Louise Miranda-Ramirez stated (408) 629-5189 oan-Esselen email that OCEN “objects to all excavation in known (408) 661-2486 Cell Nation cultural lands”; OCEN requested consultation [email protected] with the lead agency Valentin Lopez Chairperson P.O. Box 5272 Amah Mutsun Galt, CA 9532 None to date None to date Tribal Band [email protected] Irene Zwierlein 789 Canada Road Amah Mutsun Woodside, CA 94602 Tribal Band of (650) 851-7489 Cell Mission San (650) 851-7747 Office None to date None to date Juan Bautista (650) 332-1526 [email protected] Rudolph Rosales Indigenous P.O Box 647 Peoples Monterey, CA 93942 Consultant (831) 917-1866 Ohlone None to date None to date [email protected] /Costanoan Esselen Nation Louis Trevino Rumsen

2087 Delaware Street #5 Ohlone None to date Berkeley, CA 94709 Community None to date Linda Yamane 1585 Mira Mar Ave Rumsen Seaside, CA 93955 Ohlone (832)905-5915 Community None to date None to date [email protected]

6.2.1.2 Meetings • The Water District convened a field meeting on January 12, 2018, to (1) identify and map the culturally significant sedge beds mentioned by Ms. Yamane in her August 27, 2017, letter; (2) discuss the potential for the project to affect culturally significant sedge beds; and (3) identify feasible means by which the sedge beds can be protected from project disturbance. The meeting was attended by Water District representatives, LSA Senior Cultural Resources Manager Lora Holland, and Rumsen tribal representative Linda Yamane.

During that meeting, Ms. Yamane identified the extent of the sedge bed within the APE. Ms. Holland mapped the location of this sedge bed based on Ms. Yamane’s direction, as depicted on Figure 4 (Appendix A). Based on the results of the meeting, the Water District agreed to protect the sedge bed from project disturbance through designation of an ESA (see Summary of Findings and Recommendations section and Appendix D).

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• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson at Water District Offices to discuss Mr. Rosales’ concerns regarding the project. Mr. Rosales response to an advertisement that Water District had placed in the Carmel River Pine Cone on February 16, 2018 describing the project.

During that meeting, Mr. Rosales expressed concerns about the project. On February 20, 2018, Water District Engineer Larry Hampson sent a follow up email stating the District is redesigning 1this project to avoid impacts to Santa Barbara sedge and to salvage as much of the sedge that has fallen into the river as possible. After the new design is complete, he stated that the District will coordinate a site visit to discuss the project with all interested stakeholders and will reach out with potential dates.

6.2.2 Historical Organizations On March 29, 2018, LSA sent letters describing the project and maps depicting the APE to the Monterey County Historical Society and the Carmel Heritage Society requesting any information or concerns they may have about the project (Appendix C). Responses to LSA’s letters are documented in Table D.

Table D: Historical Organization Consultation Summary

Date and Medium Organization Individual of Follow-up Response Contact Monterey County Historical During a May 10, 2018, telephone conversation with LSA Society archaeologist Neal Kaptain, Administrator Barbara Brown said she forwarded LSA’s March 28, 2018, email outreach letter to Society President Dr. Gary Breschini. LSA contacted Dr. May 10, 2018 / Breschini via email, who responded on May 10 that the APE “is telephone and much more likely to have a prehistoric resource. The Rumsen email village of Tucutnut should be there somewhere, but in our research we have not been able to make a good identification. We have seen a few small fragments of prehistoric material in that area, so check our site records at Sonoma and see what we recorded.” On May 10, 2018, LSA archaeologist Neal Kaptain left a voice May 10, 2018 / message on the society’s answering system asking the society Carmel Heritage Society telephone to respond to the March 29, 2018, outreach letter if they have any comments regarding the project.

1 The redesign the Water District is referring to in the email response corresponds to the project and APE addressed in this study.

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6.3 FIELD SURVEY LSA archaeologist and Senior Cultural Resources Manager Lora Holland conducted two cultural resource surveys of the APE on January 12, 2018, and May 2, 2018, respectively. The survey conducted on January 12, 2018, was done with the assistance of Linda Yamane to identify and map the extent of the sedge bed in the APE. The survey conducted on May 2, 2018, was done to identify archaeological deposits in the APE. Exposed soils on the ground surface, exposed bank cuts, and the dry portions of river bed, were inspected for precontact cultural materials (e.g., stone tools and lithic debitage, ground stone), historic-period artifacts (e.g., metal, glass, ceramics), and soil discoloration that might indicate the presence of archaeological deposits

During the January 12, 2018, survey, a boundary of the sedge bed within the APE was mapped using a Trimble global positioning system (GPS) unit and the resource recorded on DPR 523 forms (Appendix B). The boundary of this historic property is depicted on Figure 4 (Appendix A) and has been confirmed by Ms. Yamane. Surface visibility during the archaeological survey conducted on May 2, 2018 was generally poor. Heavy vegetation obscured the majority of the native ground surface; however exposed cuts in the creek bank and the riverbed provided good visibility. No archaeological resources were identified as a result of the archaeological survey.

6.4 NRHP EVALUATION Consistent with 36 CFR 800.4(c)(1), the NRHP criteria for listing have been applied to historic properties in the APE that have not been previously evaluated. The sedge bed, which was identified in the APE during the consultation efforts and field survey described above, is evaluated under the NRHP criteria below and in accordance with guidance provided in National Register Bulletin 38, Guidelines for Evaluating and Documenting Traditional Cultural Properties (Parker and King 1998).

This sedge bed represents a Native American plant gathering area on the south bank of Carmel River that functioned as an important source of Santa Barbara sedge (Carex barbarae) for the Rumsen Ohlone. This property qualifies as a “traditional cultural property” due to “its association with cultural practices or beliefs of a living community that (a) are rooted in that community’s history, and (b) are important in maintaining the continuing identity of the community” (Parker and King 1998:1). According to local Rumsen Ohlone tribal member, Ms. Linda Yamane, Santa Barbara sedge “is the only local species suitable for basketry,” and this location “is the very area our basket makers gathered the sedge roots for their baskets” (Holland and Jones 2018). ”2

6.4.1 Criterion A The property appears eligible under NRHP criterion A due to its association with events that have made a significant contribution to the broad patterns of our history, namely as a location where present-day and ancestral Rumsen Ohlone gathered sedge for use in basket making. Ms. Linda Yamane, a recognized Ohlone authority on basket making, has identified this location as a place where she continues to gather sedge. The presence of the nearby village of Tucutnut suggests that gathering of basket materials at this location has likely occurred for generations. As with many tribes

2 Linda Yamane August 27, 2017, communication to Christy Fisher, Executive Director of the Santa Lucia Conservancy (see Appendix C).

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throughout California, basket making serves as a significant component of material culture and cultural lifeways, including as a mechanism for transmitting traditional knowledge as an expression of traditional craft and artistry, and as an important process in the preparation and storage of food and other items.

6.4.2 Criterion B This property does not appear eligible under Criterion B. Consultation conducted to date has not identified an association between the sedge bed and a person(s) significant in our past, including tangible persons who once existed and metaphysical beings (e.g., spirits or culturally important mythic figures).

6.4.3 Criterion C Consultation did not indicate that this property is eligible under Criterion C. The presence of other nearby stands of Carex barbarae in Carmel Valley have been reported during the first half of the 20th century (Calflora 2018). Should other nearby sedge beds outside of the APE be identified through future investigations, the sedge bed in the APE could be part of a larger district and representative of a significant and distinguishable entity whose components may lack individual distinction. However, establishing the potential for such a district is outside of the scope of the current investigation and would include identification efforts outside of the current proposed APE.

6.4.4 Criterion D This property does not appear eligible under Criterion D. Consultation did not identify the sedge bed as a former or potential source for information important in prehistory or history. Information regarding traditional basket making can be obtained from published ethnographic and botanical literature, baskets, and from members of the Rumsen Ohlone community who continue to gather materials (i.e., sedge) and produce baskets from these very same materials.

6.4.5 Integrity In addition to being eligible under one or more NRHP criteria, a historic property must retain sufficient integrity to convey its significance. According to guidance provided in Guidelines for Evaluating and Documenting Traditional Cultural Properties, “In the case of a traditional cultural property, there are two fundamental questions to ask about integrity. First, does the property have an integral relationship to traditional cultural practices or beliefs; and second, is the condition of the property such that the relevant relationships survive?” (Parker and King 1998:11). The sedge bed satisfies both requirements because of its inherently integral relationship to the traditional cultural practice of sedge root gathering for members of the Rumsen Ohlone community. Additionally, the condition of the sedge bed is such that it continues to produce material that is gathered and used for basket making and will readily produce materials for future craftspeople.

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6.4.6 Summary In conclusion, the sedge bed appears eligible for listing in the NRHP under Criterion A and is significant within the historic context of traditional Native American arts. Due to its eligibility for listing in the NRHP, the sedge bed is a “historic property” for purposes of Section 106 review (36 CFR 800.16(l). The historic property retains the integrity to convey its important historical relationship with the Rumsen Ohlone.

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7.0 FINDING OF EFFECT

Section 106 of the NHPA requires the lead agency—in consultation with the State Historic Preservation Officer—to apply the criteria of adverse effects (36 CFR 800.5(a)) to historic properties in the APE. To this end, this section assesses potential project-related effects to the sedge bed.

7.1 CRITERIA OF ADVERSE EFFECT The regulations that implement Section 106 of the NHPA contain the criteria for determining whether an action will result in an adverse effect to a historic property. As defined at 36 CFR 800.5(a)(1),

An adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the NRHP in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling, or association. Consideration shall be given to all qualifying characteristics of a historic property, including those that may have been identified subsequent to the original evaluation of the property’s eligibility for the NRHP. Adverse effects may include reasonably foreseeable effects caused by the undertaking that may occur later in time, be farther removed in distance or be cumulative.

As stated at 36 CFR 800.5(a)(2), adverse effects on historic properties include, but are not limited to:

i. Physical destruction of or damage to all or part of the property;

ii. Alteration of a property, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation, and provision of handicapped access that is not consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR 68) and applicable guidelines;

iii. Removal of the property from its historic location;

iv. Change of the character of the property’s use or of physical features within the property’s setting that contribute to its historic significance;

v. Introduction of visual, atmospheric or audible elements that diminish the integrity of the property’s significant historic features;

vi. Neglect of a property which causes its deterioration, except where such neglect and deterioration are recognized qualities of a property of religious and cultural significance to an Indian tribe or Native Hawaiian organization; and

vii. Transfer, lease, or sale of property out of federal ownership or control without adequate and legally enforceable restrictions or conditions to ensure long-term preservation of the property’s historic significance.

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7.1.1 Assessment of Effects Under 36 CFR § 800.5(a)(1), an adverse effect is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualifies it for the NRHP. Although no excavation is planned at the location of the sedge bed, without implementation of appropriate avoidance measures, project staging and trampling from equipment and personnel has the potential to adversely affect the viability and therefore the integrity of the sedge bed. Such potential damage would qualify as an adverse effect under 36 CFR 800.5(a)(2)(i) and 36 CFR 800.5(a)(2)(iv).

To avoid a potential adverse effect, the Water District—in consultation with the Corps and local tribes—is proposing establishment of a temporary ESA around the sedge bed to exclude project activities from this area (see Recommendations section below and Appendix D). This protective fencing would be subject to an ESA Action Plan (Appendix D), which describes the schedule for implementing this protective measure as well as those parties and individuals responsible for installation and enforcement. With implementation of the ESA Work Plan (Appendix D), the project would have no adverse effect on this historic property.

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8.0 SUMMARY OF FINDINGS AND RECOMMENDATIONS

8.1 SUMMARY LSA’s study identified one cultural resource, the Rancho San Carlos Road Sedge Bed, in the APE. The extent of the sedge bed was mapped in the field using GPS technology and with the assistance of Ms. Linda Yamane, a Rumsen Ohlone basket maker (Appendix A: Figure 3). The sedge bed appears eligible for listing in the NRHP under Criterion A as a Traditional Cultural Property, and the Water District proposes to avoid an adverse effect on this historic property through establishment of an ESA. Please see the Recommendations section below for additional information.

8.2 RECOMMENDATIONS 8.2.1 Installation of Protective Fencing Protective temporary fencing should be installed and maintained for the duration of the project around the sedge bed. The purpose of the fencing is to restrict access by construction personnel and equipment within the identified area of sedge to prevent temporary or permanent damage to this resource. No unauthorized personnel should breach or otherwise compromise the integrity of the fencing, and conspicuous signage attached to the fence should indicate that no access within the fenced area is allowed.

The integrity of the fence should be monitored by a Native American tribal representative and the Water District for the duration of the project. The contractor constructing the erosion control measures will be responsible for installing and maintaining the temporary fencing at the direction of the Native American monitor and Water District.

An ESA Action Plan has been prepared (Appendix D) and identifies the specific parties responsible for installing, maintaining, monitoring, and removing the fence.

8.2.2 Archaeological Monitoring A qualified professional archaeologist should monitor construction-related ground disturbance grading and grubbing within the riverbanks. The monitoring would continue until grading and excavation is complete, or until the monitoring archaeologist, based on field observations, is satisfied that there is no likelihood of encountering intact archaeological deposits. Should the monitor identify archaeological deposits during project subsurface construction activities, the procedures described below.

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8.2.3 Accidental Discovery of Archaeological Deposits and Human Remains If the Corps determines during construction of the project that a previously unidentified property that may be eligible for the NRHP will be affected, the Corps will address the discovery in accordance with 36 CFR 800.13(b)(3). The Corps at its discretion may assume any discovered property to be eligible for inclusion in the NRHP in accordance with 36 CFR 800.13(c).

The following procedures should be used if archaeological deposits or human remains are identified during project activities.

1) Ground-disturbing activities should be immediately stopped if potentially significant historic-period or precontact archaeological materials are discovered. Examples include, but are not limited to, concentrations of historic artifacts (e.g., bottles and ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash-stained midden soils associated with precontact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials, and historic structure remains such as stone-lined building foundations, wells, or privy pits. Ground-disturbing project activities may continue in other areas that are outside the discovery locale.

2) An “exclusion zone” where unauthorized equipment and personnel are not permitted should be established (e.g., secured with temporary fencing) around the discovery area, plus a reasonable buffer zone, by the contractor’s superintendent or authorized representative, or party who made the discovery.

3) The discovery locale should be secured (e.g., 24-hour surveillance and security fencing) as directed by the Corps, if considered prudent, to avoid further disturbances.

4) The contractor’s superintendent, an authorized representative, or party who made the discovery, should be responsible for immediately contacting the Corps and, if human remains are identified, the County Coroner to report the find to initiate the consultation process for its treatment and disposition. The Corps archaeologist would be responsible for notifying State Office of Historic Preservation staff of the discovery to initiate consultation regarding NRHP eligibility and treatment of adverse effects, as appropriate.

5) Should Native American human remains be encountered, the provisions of State laws described at HSC Section 7050.5 and PRC Section 5097.98 should be implemented.

6) Ground-disturbing project work at the find locality should be suspended temporarily while the Corps, the State Office of Historic Preservation staff, and other applicable parties consult about appropriate treatment and disposition of the find. Ideally, treatment of the find may be decided within three working days of discovery notification. Note that treatment of significant archaeological deposits, including data recovery of NRHP-eligible properties, and treatment of Native American human remains (pursuant to the direction of the MLD) may require a longer period of time.

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9.0 REFERENCES CITED

Breschini, Gary S., and Trudy Haversat 1985 Archaeological Sensitivity Map and Text for the Carmel Valley Master Plan EIR, Carmel Valley, Monterey County, California. Archaeological Consulting, Salinas, California. 1991 Interim Report on Cultural Resources Reconnaissance at Rancho San Carlos, Carmel Valley, Monterey County, California. Archaeological Consulting, Salinas, California. 1994 Inventory of Prehistoric Cultural Resources and Preliminary Mitigation Plan for Rancho San Carlos, Carmel Valley, Monterey County, California. Archaeological Consulting, Salinas, California. 2011 A Revised Culture Sequence for the Monterey Peninsula Area, California. Pacific Coast Archaeological Society Quarterly 44(3):1-24.

Calflora 2018 Plant Distribution of Carex barbarae. Electronic document, https://www.calflora.org/entry/dgrid.html?crn=1520, accessed June 14, 2018.

California Office of Historic Preservation 1976 California Inventory of Historic Resources. California Department of Parks and Recreation, Sacramento. 1988 Five Views: An Ethnic Historic Sites Survey for California. California Department of Parks and Recreation, Sacramento. 1992 California Points of Historical Interest. California Department of Parks and Recreation, Sacramento. 1996 California Historical Landmarks. California Department of Parks and Recreation, Sacramento. 2012 Directory of Properties in the Historic Property Data File, April 5, 2012. California Department of Parks and Recreation, Sacramento.

Carmel River Watershed Council 2010 Carmel River History. Electronic document, http://www.carmelvalleyassociation.org/assetts/docs/CV_Voices/Carmel_River_History.pdf, accessed May 29, 2018.

Clark, Joseph C., William R. Dupre and Lewis I. Rosenberg 1997 Geologic Map of the Monterey and Seaside 7.5-Minute Quadrangles, Monterey County, California: A Digital Database. U.S. Geological Survey, Washington, D.C.

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Costello, Julia G., Charlotte Simpson-Smith 1998 Identification of Archaeological Resources along the Rancho San Carlos Road and the Real Adobe Site, Phase II, Parts A&B, and Grazing Plan. Foothill Resources, Ltd., Mokelumne Hill, California.

Davis, James Thomas 1961 Trade Routes and Economic Exchange among the Indians of California. Reports of the University of California Archaeological Survey, No. 54. University of California Archaeological Survey, Department of Anthropology, Berkeley.

Doane, Mary, and Gary S. Breschini 1998 Preliminary Archaeological Reconnaissance of the Hillside and East Vegetable Properties, Carmel Valley, Monterey County, California. Archaeological Consulting, Salinas, California. 2004 Preliminary Archaeological Reconnaissance of the Hillside and East Vegetable Property, Carmel Valley, Monterey County, California. Archaeological Consulting, Salinas, California.

Jablonowski, Michael 1989 An Archaeological Study of the Hacienda Carmel Flood Control Project, Carmel Valley, Monterey County, California. Report on file at the Northwest Information Center, Sonoma State University, Rohnert Park, California.

Jones, Terry L., Nathan E. Stevens, Deborah A. Jones, Richard T. Fitzgerald and Mark G. Hylkema 2007 The Central Coast: A Midlatitude Milieu. In California Prehistory: Colonization, Culture, and Complexity, edited by T. L. Jones and K. A. Klar, pp. 125-146. AltaMira Press, Lanham, Maryland.

Kroeber, Alfred L. 1955 Nature of the Land-Holding Group. Ethnohistory 2:303-314.

Levy, Richard 1978 Costanoan. In Handbook of North American Indians Volume 8: California, edited by R. F. Heizer, pp. 485-499. Smithsonian Institution, Washington, D.C.

Little, Barbara, Erika Martin Seibert, Jan Townsend, Jr. Sprinkle, John H. and John Knoerl 2000 National Register Bulletin: Guidelines for Evaluating and Registering Archaeological Properties. National Park Service, Washington, D.C.

Margolin, Malcolm 1978 The Ohlone Way: Indian Life in the San Francisco-Monterey Bay Area. Heyday Books, Berkeley, California.

Milliken, Randall 1981 Ethnohistory of the Rumsen: the Mission Period. In Report of Archaeological Excavations at Nineteen Archaeological Sites for the Stage 1 Pacific Grove-Monterey Consolidation Project

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Regional Sewage System, edited by S.A. Dietz and T.L. Jackson. Report on file at the Northwest Information Center, Sonoma State University, Rohnert Park, California.

National Park Service 1997 National Register Bulletin: How to Apply the National Register Criteria for Evaluation. U.S. Department of the Interior, Washington, D.C.

Natural Resources Conservation Service 2018 Web Soil Survey, http://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx, accessed May 29, 2018.

Parker, Patricia L. and Thomas F. King 1998 Guidelines for Evaluating and Documenting Traditional Cultural Properties. National Park Service, Washington, D.C.

Rosenthal, Jeffrey, Jack Meyer, William Hildebrandt and Jerome King 2003 A Geoarchaeological Study and Sensitivity Model for the Southern Santa Clara, Hollister, and San Juan Valleys, Santa Clara and San Benito Counties, California. Far Western Anthropological Research Group, Inc., Davis, California.

United States Geological Survey (USGS) 1913 Monterey, Cal. 15-minute topographic quadrangle. USGS, Washington, D.C. 1941 Monterey, Cal. 15-minute topographic quadrangle. USGS, Washington, D.C.

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APPENDIX A PROJECT FIGURES

Figure 1: Project Location and Vicinity

Figure 2: Project Site (USGS Seaside, Calif. topographic map)

Figure 3: Cultural Resource Locations

Figure 4: Area of Potential Effects

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APPENDIX B CULTURAL RESOURCE RECORDS

P-27-000157/CA-MNT-21

P-27-002128/CA-MNT-1912

P-27-002130/CA-MNT-1914H

Rancho San Carlos Road Sedge Bed

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P-27-000157/CA-MNT-21

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P-27-002128/CA-MNT-1912

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P-27-002130/CA-MNT-1914H

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P-27-002130/CA-MNT-1914H

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RANCHO SAN CARLOS ROAD SEDGE BED

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APPENDIX C CONSULTATION AND OUTREACH CORRESPONDENCE

Native American Tribes and Individuals

Historical Organizations

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APPENDIX D ESA ACTION PLAN

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A-1 C ULTURAL R ESOURCES S TUDY C ARMEL R IVER B ANK S TABILIZATION AT R ANCHO S AN C ARLOS R OAD J UNE 2018 C ARMEL, M ONTEREY C OUNTY, C ALIFORNIA

APPENDIX A PROJECT FIGURES

Figure 1: Project Location and Vicinity

Figure 2: Project Site (USGS Seaside, Calif. topographic map)

Figure 3: Cultural Resource Locations

Figure 4: Area of Potential Effects

Monterey

Carmel-By-The-Sea

Project Site

Project Vicinity

Project Site

FIGURE 1

Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 0.5 1 Monterey County, California MILES Project Location and Vicinity SOURCE: National Geographic World Map and Google Map (2017). I:\MPW1701\GIS\Maps\Cultural\Report\Figure 1_Project Location and Vicinity.mxd (6/8/2018) Project Site

FIGURE 2

Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 1000 2000 Monterey County, California FEET Project Site SOURCE: USGS 7.5-minute Topo Quads - Seaside, Calif. (1983) and Monterey, Calif. (1983). I:\MPW1701\GIS\Maps\Cultural\Report\Figure 2_Project Site.mxd (6/8/2018) Project Site

P-27-002128

P-27-000157 P-27-002130 (approximate location)

LEGEND FIGURE 3 Project Site Confidential - Not for Public Distribution Previously Recorded Cultural Resources Carmel River Bank Stabilization at Previously Recorded Resource Lines Rancho San Carlos Road Project 0 1000 2000 Previously Recorded Resource Polys Monterey County, California FEET Cultural Resource Locations SOURCE: USGS 7.5-minute Topo Quads - Seaside, Calif. (1983) and Monterey, Calif. (1983). I:\MPW1701\GIS\Maps\Cultural\Report\Figure 3_Cultural Resource Locations.mxd (6/8/2018)

! !

! ! !

! !

P-27-002128

LEGEND FIGURE 4 Area of Potential Effects San Carlos Road Sedge Bed Confidential - Not for Public Distribution Grading Limit !! ESA Fence Previously Recorded Resource Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 75 150 Monterey County, California FEET Area of Potential Effects SOURCE: Google Maps Imagery. I:\MPW1701\GIS\Maps\Cultural\Report\Figure 4_Area of Potential Effects.mxd (6/12/2018) C ULTURAL R ESOURCES S TUDY C ARMEL R IVER B ANK S TABILIZATION AT R ANCHO S AN C ARLOS R OAD J UNE 2018 C ARMEL, M ONTEREY C OUNTY, C ALIFORNIA

APPENDIX B CULTURAL RESOURCE RECORDS

P-27-000157/CA-MNT-21

P-27-002128/CA-MNT-1912

P-27-002130/CA-MNT-1914H

Rancho San Carlos Road Sedge Bed

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P-27-000157/CA-MNT-21

Resource Detail: P-27-000157

Identifying information Primary No.: P-27-000157 Trinomial: CA-MNT-000021H Name: Indian Rancheria Other IDs: Type Name Resource Name Indian Rancheria Cross-refs: Attributes Resource type: Site Age: Protohistoric, Historic Information base: Survey Attribute codes: AH04 (Privies/dumps/trash scatters); AH15 (Standing structures) - wooden mission houses Disclosure: Not for publication Collections: Yes Accession no(s): 950 Facility: UCMA General notes Recording events Date Recorder(s) Affiliation Notes 8/11/1948 A.P. Pilling, Ann Fisher UC Associated reports Report No. Year Title Affiliation S-007775 1985 Archaeological Sensitivity Map and Text for the Archaeological Consulting Carmel Valley Master Plan EIR, Carmel Valley, Monterey County, California. Location information County: Monterey USGS quad(s): Seaside Address: PLSS: T16S R1E Sec. MDBM UTMs: Zone 10 601800mE 4043400mN NAD27 Management status

Database record metadata Date User Entered: 4/1/2005 icrds Last modified: 7/29/2016 neala IC actions: Date User Action taken 7/29/2016 neala added AH15 4/1/2005 jay Appended records from discontinued ICRDS. Record status: Verified

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P-27-002128/CA-MNT-1912

Resource Detail: P-27-002128

Identifying information Primary No.: P-27-002128 Trinomial: CA-MNT-001912 Name: PHR 34 Other IDs: Type Name Resource Name PHR 34 Cross-refs: Attributes Resource type: Site Age: Prehistoric Information base: Survey Attribute codes: AP02 (Lithic scatter); AP15 (Habitation debris) Disclosure: Not for publication Collections: Unknown Accession no(s): Facility: General notes Recording events Date Recorder(s) Affiliation Notes 3/5/1998 SIMPSON-SMITH / GOETZ Foothill Resources, Ltd / O'NEIL Associated reports Report No. Year Title Affiliation S-020262 1998 Identification of Archaeological Resources Foothill Resources, Ltd. Along the Rancho San Carlos Road and the Real Adobe Site Phase II, Parts A&B, and Grazing Plan S-021482 1998 Preliminary Archaeological Reconnaissance of Archaeological Consulting the Hillside and the East Vegetable Properties, Carmel Valley, Monterey County, California S-028079 2004 Preliminary Archaeological Reconnaissance for Archaeological Consulting the East Vegetable Property, Carmel Valley, Monterey County, California Location information County: Monterey USGS quad(s): Seaside Address: PLSS: UTMs: Zone 10 601130mE 4043720mN NAD27 Management status

Database record metadata Date User Entered: 4/1/2005 icrds Last modified: 7/29/2016 neala IC actions: Date User Action taken 3/25/1998 AOLPJ Primary number 27-002128 assigned. 3/25/1998 AOLPJ Trinomial MNT-001912 assigned. 4/1/2005 jay Appended records from discontinued ICRDS. Record status: Verified

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P-27-002130/CA-MNT-1914H

Resource Detail: P-27-002130

Identifying information Primary No.: P-27-002130 Trinomial: CA-MNT-001914H Name: PHR 25 Other IDs: Type Name Resource Name PHR 25 Other Rancho San Carlos Road Cross-refs: Physically overlaps or intersects 27-000119 Physically overlaps or intersects 27-002129 Attributes Resource type: Site Age: Historic Information base: Survey, Other Attribute codes: AH07 (Roads/trails/railroad grades) Disclosure: Not for publication Collections: No Accession no(s): Facility: General notes Recording events Date Recorder(s) Affiliation Notes 3/12/1998 Julia Costello, Charr Foothill Resources, Ltd. Simpson-Smith, Jeanne Goetz, Patrice Berry, Mary O'Neill Associated reports Report No. Year Title Affiliation S-020262 1998 Identification of Archaeological Resources Foothill Resources, Ltd. Along the Rancho San Carlos Road and the Real Adobe Site Phase II, Parts A&B, and Grazing Plan Location information County: Monterey USGS quad(s): Mt Carmel, Seaside Address: PLSS: T16S R1E Sec. MDBM UTMs: Zone 10 601450mE 4043360mN NAD27 (nwic) Zone 10 601540mE 4039820mN NAD27 (nwic) Zone 10 607910mE 4033560mN NAD27 (nwic) Zone 10 601800mE 4044210mN NAD27 (3/1998) Management status

Database record metadata Date User Entered: 4/1/2005 icrds Last modified: 7/30/2016 rinerg IC actions: Date User Action taken 4/3/1998 AOLPJ Primary number 27-002130 assigned. 7/29/2016 neala fixed UTMs; remapped 4/3/1998 AOLPJ Trinomial MNT-001914 assigned. 4/1/2005 jay Appended records from discontinued ICRDS.

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Record status: Verified

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RANCHO SAN CARLOS ROAD SEDGE BED

State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date

Page 1 of 5 *Resource Name or #: Rancho San Carlos Road Sedge Bed P1. Other Identifier: ☒ *P2. Location: Not for Publication *a. County Monterey and *b. USGS 7.5' Quad Seaside, Calif. Date 1983 T 16 S ; R 1 E ; M.D.B.M c. Address 26700 Rancho San Carlos Road City Carmel-By-The-Sea Zip 93923 d. UTM: Zone 10 601040 mE/ 4044060 mN e. (Other Locational Data:) APN 157-121-027

*P3a. Description:

This resource consists of a sedge bed that comprises a Native American plant gathering area on the south bank of Carmel River that is an important source of Santa Barbara sedge (Carex barbarae) for the Rumsen Ohlone. The sedge bed is located within a riparian woodland, characterized by moisture-dependent trees, including western sycamore, big leaf maple, red alder, white alder, several species of willow, black cottonwood, valley oak, and California bay. The Sedge bed is approximately 150 feet in length and 75 feet in width.

This property appears eligible for inclusion in the National Register of Historic Places as a Traditional Cultural Property under Criterion A due to its association with events that have made a significant contribution to the broad patterns of our history, namely as a location where present-day and ancestral Rumsen Ohlone gathered sedge for basket making (see continuation sheet for evaluation).

*P3b. Resource Attributes: AP16. Other Choose an item. Choose an item. Choose an item. *P4. Resources Present: ☒ Site

P5b. Description of Photo: Carmel River, Monterey County, California. Sedge Bed is depicted on the riverbank. Photograph taken March 27, 2017. View to South

P6. Date Constructed/Age and Source:☐ Historic ☐ Prehistoric ☒ Both

P7. Owner and Address: Santa Lucia Conservancy 26700 Rancho San Carlos Road Carmel-By-The-Sea, CA 93923

P8. Recorded by: Lora Holland, M.A., RPA LSA 157 Park Place Point Richmond, CA 94801 P9. Date Recorded: 1/12/2018

P10.Survey Type: Intensive

P11. Report Citation: Holland, Lora and Tim Jones, 2018. Cultural Resources Carmel River Bank Stabilization at Rancho San Carlos Road, Carmel, Monterey County, California. LSA, Point Richmond, California. .

Attachments: ☐ NONE ☒Location Map ☒Continuation Sheet ☒Sketch Map

DPR 523A (9/2013) *Required information State of California - The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Page 2 of 5 *Resource Name or # Rancho San Carlos Road Sedge Bed Trinomial *RecordedCONTINUATION by: Lora Holland SHEET and Tim Jones *Date : 12-Jan-18 ☒ Continuation ☐ Update

Page 2 of 5 Resource Name or # San Carlos Road Sedge Bed

Criterion A The property appears eligible under NRHP criterion A due to its association with events that have made a significant contribution to the broad patterns of our history, namely as a location where present-day and ancestral Rumsen Ohlone gathered sedge for use in basket making. Ms. Linda Yamane, a recognized Ohlone authority on basket making, has identified this location as a place where she continues to gather sedge. The presence of the nearby village of Tucutnut suggests that gathering of basket materials at this location has likely occurred for generations. As with many tribes throughout California, basket making serves as a significant component of material culture and cultural lifeways, including as a mechanism for transmitting traditional knowledge as an expression of traditional craft and artistry, and as an important process in the preparation and storage of food and other items.

Criterion B This property does not appear eligible under Criterion B. Consultation conducted to date has not identified an association between the sedge bed and a person(s) significant in our past, including tangible persons who once existed and metaphysical beings (e.g., spirits or culturally important mythic figures).

Criterion C Consultation did not indicate that this property is eligible under Criterion C. The presence of other nearby stands of Carex barbarae in Carmel Valley have been reported during the first half of the 20th century (Calflora 2018). Should other nearby sedge beds outside of the APE be identified through future investigations, the sedge bed in the APE could be part of a larger district and representative of a significant and distinguishable entity whose components may lack individual distinction. However, establishing the potential for such a district is outside of the scope of the current investigation and would include identification efforts outside of the current proposed APE.

Criterion D This property does not appear eligible under Criterion D. Consultation did not identify the sedge bed as a former or potential source for information important in prehistory or history. Information regarding traditional basket making can be obtained from published ethnographic and botanical literature, baskets, and from members of the Rumsen Ohlone community who continue to gather materials (i.e., sedge) and produce baskets from these very same materials.

Integrity In addition to being eligible under one or more NRHP criteria, a historic property must retain sufficient integrity to convey its significance. According to guidance provided in Guidelines for Evaluating and Documenting Traditional Cultural Properties, “In the case of a traditional cultural property, there are two fundamental questions to ask about integrity. First, does the property have an integral relationship to traditional cultural practices or beliefs; and second, is the condition of the property such that the relevant relationships survive?” (Parker and King 1998:11). The sedge bed satisfies both requirements because of its inherently integral relationship to the traditional cultural practice of sedge root gathering for members of the Rumsen Ohlone community. Additionally, the condition of the sedge bed is such that it continues to produce material that is gathered and used for basket making and will readily produce materials for future craftspeople.

1 Linda Yamane August 27, 2017, communication to Christy Fisher, Executive Director of the Santa Lucia Conservancy.

DPR 523L (9/2013) State of California - The Resources Agency Primary#

PageDEPARTMENT 3 of 5 OF PARKS AND RECREATION *ResourceHRI # Name or # Rancho San Carlos Road Sedge Bed *RecordedCONTINUATION by: Tim Jones and SHEET Lora Holland *Date :Trinomial 12-Jan-18 ☒ Continuation ☐ Update

Page 3 of 5 Resource Name or # San Carlos Road Sedge Bed

Summary

In conclusion, the sedge bed appears eligible for listing in the NRHP under Criterion A and is significant within the historic context of traditional Native American arts. Due to its eligibility for listing in the NRHP, the sedge bed is a “historic property” for purposes of Section 106 review (36 CFR 800.16(l). The historic property retains the integrity to convey its important historical relationship with the Rumsen Ohlone.

References Cited

Calflora 2018 Plant Distribution of Carex barbarae. Electronic document, https://www.calflora.org/entry/dgrid.html?crn=1520, accessed June 14, 2018.

Holland, Lora, and E. Timothy Jones 2018 Cultural Resources Study for the Carmel River Bank Stabilization at Rancho San Carlos Road, Carmel, Monterey County, California. LSA, Point Richmond, California.

Parker, Patricia L. and Thomas F. King 1998 Guidelines for Evaluating and Documenting Traditional Cultural Properties. National Park Service, Washington, D.C.

DPR 523L (9/2013) State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# Trinomial LOCATION MAP

Page 4 of 5 *Resource Name or # Rancho San Carlos Road Sedge Bed

*Map Name: Seaside, Calif. *Scale: 1:24,000 *Date of map: 1983

DPR 523J (9/2013) * Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI#

SKETCH MAP Trinomial

Page 5 of 5 *Resource Name or # Rancho San Carlos Road Sedge Bed Drawn by: Greg Gallaugher, LSA *Date of map: 12-Jan-18

DPR 523K (9/2013) NOTE: Include bar scale and north arrow. C ULTURAL R ESOURCES S TUDY C ARMEL R IVER B ANK S TABILIZATION AT R ANCHO S AN C ARLOS R OAD J UNE 2018 C ARMEL, M ONTEREY C OUNTY, C ALIFORNIA

APPENDIX C CONSULTATION AND OUTREACH CORRESPONDENCE

Native American Tribes and Individuals

Historical Organizations

Linda Yamane 1585 Mira Mar Ave Seaside, CA 93955 (831) 905-5915 [email protected]

27 August 2017

Christy Fischer Executive Director Santa Lucia Conservancy 26700 Rancho San Carlos Rd Carmel, CA 93923

Christy,

Thank you for bringing to my attention the bank stabilization project proposed for the south bank of the Carmel River just west of the Rancho San Carlos bridge crossing. I am devastated by this news, as this could potentially wipe out a signiﬁcant plant resource (Carex barbarae) that is culturally vital to the continuity of local Rumsen Ohlone Native American basketry. While there are many Carex species, the Santa Barbara or “white root” sedge is the only local species suitable for basketry, and the one used traditionally throughout much of California.

As you know, I am a descendant of the Rumsen Ohlone, the native people of lower Carmel Valley, Point Lobos, and Monterey. Our basketry traditions had essentially vanished, the result of the Spanish missions and other cultural impacts that followed. Many cultural traditions had to be abandoned or were impossible to maintain. Our last basketweavers died in the latter part of the 19th century, and only a couple dozen of our old baskets are known to still exist today.

I am 68 years old and have spent the past 30 years researching and making our traditional baskets, some of which take more than a year of painstaking labor to create. I traveled as far as the east coast and to Europe to study some of our old baskets. Over the years, I have become a master weaver recognized throughout the state and nationally. I was invited by the Smithsonian to demonstrate Ohlone basketry for a week at their 2006 Folklife Festival. The British Museum in London features me in their gallery dedicated to American Indian culture. Baskets made with sedge material from this very Carmel River patch are part of permanent collections of the Oakland Museum, San Francisco Presidio (National Park Service) and the Santa Barbara Museum of Natural History. I mention this only to illustrate that these baskets, and the unusual skill required to make them, are widely recognized and valued as part of our local history and heritage.

The baskets are also important for our Rumsen community. Although I have made a few baskets for museum collections, the majority are for our own use as we practice our traditional skills and prepare our traditional foods together. I have been able to teach aspects of our basketry to others throughout the years, teaching the techniques of harvesting sedge in this very location. We hope that our basketry won’t have to disappear again for lack of the native plant materials necessary to make them. We hope these plants will be here for the next generation and the ones that follow.

After searching for a good source of this sedge species (Carex barbarae) for about 20 years, it was truly amazing to ﬁnally learn of this patch along the river — at the edge of our ancestral village site of Tucutnut! I have been harvesting the rhizomes here for nearly a decade and it is the best I have ever encountered. I also learned through my ethnographic research that this is the very area our basket makers gathered the sedge roots for their baskets — because the sandy conditions produced such beautiful, long runners, as they still do today.

I have found very small amounts of this sedge species in other Carmel Valley locations, but never in the necessary quantity and deep, sandy deposits of this location. Growth in sand permits the plants to produce the long, straight rhizomes required in basketry. And the large plant bed is necessary for harvesting in rotation, allowing a new generation of rhizomes to grow for a year or more after a particular section has been harvested. When one section is being harvested, others are regenerating new underground runners. The harvesting of these underground stems does not interfere with the growth of the plants or their ability to stabilize the land. In fact, I’ve noticed over the years that routine harvesting makes for a healthier sedge community, for we hand remove non-native weeds in the process, and help keep the plants free of accumulated dead foliage from past seasons.

When French visitor Abel du Petit-Thouars visited Monterey in October of 1837, he remarked: “These natives make baskets so closely woven that they hold water, which they use to cook their food. To do this they boil the water by plunging red-hot stones into it one after another to introduce the necessary heat. They also make baskets in the form of plates and graceful cups which they ornament on the outside with black feathers from the topknots of the California partridge, with other feathers of different colors and with little pearly shells.”

We lost our beautiful baskets once, and those that survived are now primarily in European museum collections. But now that we are producing them in our community again, they are valued as cultural icons and works of art. In 2012 I was recognized by the Monterey County Board of Supervisors for restoring the art of Ohlone basketry and cultivating public awareness and respect for Rumsen Ohlone history. In 2013 I was awarded the California Indian Heritage Preservation Award by the Society for California Archaeology. And earlier this month I was honored by the Monterey County Historical Society with their 11th Annual Historic Community Award for my work to preserve and promote local Rumsen language and culture. I point out this recognition not to try to elevate myself, but to put the importance of this traditional art, and the native plants upon which it depends, in a larger historic, cultural, and educational context.

This is an irreplaceable resource worthy of great effort to preserve. I hope we can ﬁnd a way to do so.

Sincerely,

March 5, 2018

Irene Zwierlein Amah Mutsun Tribal Band of Mission San Juan Bautista 789 Canada Road Woodside, CA 94602

Subject: Section 106 and Assembly Bill 52 Consultation Outreach for the Carmel River Streambank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California

Dear Ms. Zwierlein: The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (project) (Attachments: Figures 1, and 2).

Because the project qualifies as an “undertaking” under Section 106 of the National Historic Preservation Act (NHPA), as well as a “project” under the California Environmental Quality Act (CEQA) and Assembly Bill 52 (AB 52), the Lead Agency must consult with tribal groups about potential disturbance of cultural resources that may be of concern to those groups. This letter is intended to address the requirements of both Section 106 and Assembly Bill 52 tribal consultation outreach.

SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT Section 106 of the NHPA requires federal agencies to conduct review of “undertakings” (analogous to “projects” under CEQA) to assess their potential effect on historic properties within the Area of Potential Effects (APE). Section 106 places an emphasis on the requirement of federal agencies to consult with any federally-recognized tribe geographically associated with the project site or that may ascribe traditional or cultural significance to historic properties that may be affected.

ASSEMBLY BILL 52 Assembly Bill 52 (AB 52), which became law January 1, 2015, requires that, as part of the CEQA review process, public agencies provide early notice of a project to California Native American Tribes, and, if formally requested in writing by a Tribe, consult with Tribes in regards to the project. The Native American Heritage Commission (NAHC) is required to provide each

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5600  Fax 831-644-9560  http://www.mpwmd.net

California Native American Tribe with a list of all public agencies that may be CEQA lead agencies within the geographic area with which the Tribe is traditionally and culturally affiliated, the contact information of those public agencies, and information on how the Tribe may request placement on agency notification lists for project-specific consultation.

The purpose of AB 52 consultation, if requested, is to identify and consider potential impacts to a new category of resources called Tribal Cultural Resources (TCRs)1, and take into account tribal cultural values (in addition to scientific and archaeological values) when identifying possible impacts and mitigation. An impact to a TCR may result in a significant impact under CEQA and require mitigation.

CULTURAL RESOURCES IN THE APE The project APE is situated on both banks of the Carmel River, in an area intensively utilized by both ancestral and contemporary tribal groups for plant resource gathering including a species of sedge (Carex barbarae), important in the manufacture of traditional Native American basketry. The Water District is aware of concerns expressed by the tribal community about the existence and maintenance of this plant resource based on the following letters and emails. The concerns expressed through correspondence are summarized below: • In an August 27, 2017, letter to Santa Lucia Conservancy Executive Director Ms. Christy Fischer, Ohlone Rumsen tribal member Ms. Linda Yamane expressed concern regarding the proposed project’s potential to disturb streambank concentrations of sedge. Ms. Yamane is a respected authority on Ohlone Rumsen basketry, including traditional basket-making practices and materials. Ms. Yamane stated that the sedge “is culturally vital to the continuity of local Rumsen Ohlone Native American basketry.”

• In a November 13, 2017, letter to the Water District, Rumsen Ohlone member Ms. Louis Trevino also stated that the sedge concentrations are highly important in the manufacture of traditional basketry. Ms. Trevino provided an overview of Rumsen basket weaving and requested that the sedge concentration be protected during the project’s streambank repair activities.

• In a November 13, 2017, email to the Water District, Annie Holdren, Ph.D., also expressed concern about preservation of the sedge beds and recommended that a cultural resources study be conducted.

• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson to discuss Mr. Rosales’ concerns regarding the project.

1 Public Resources Code (PRC) Section 21074(a) defines Tribal Cultural Resources as either of the following: • Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either: (1) included or determined to be eligible for inclusion in the • California Register of Historical Resources; or (2) included in a local register of historical resources as defined in subdivision (k) of PRC Section 5020.1; or • A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1.

BACKGROUND RESEARCH RESULTS A records search conducted for the project at the Northwest Information Center of the California Historical Resources Information System identified no previously recorded cultural resources within the APE. Two previously recorded cultural resources are within a 0.5-mile radius of the APE: CA-MNT-1912/P-27-002128, an archaeological site consisting of a midden, shell, and lithics; and CA-MNT-21H/P-01-000157, an archaeological site identified as “Indian Rancheria” consisting of ironstone ceramics, mussel, and abalone shell. Both of these resources are depicted on an enclosed map (Attachments: Figure 3).

CONSULTATION PRELIMINARY FIELD MEETING The Water District conducted a preliminary field meeting on January 12, 2018, to (1) identify and map the culturally significant sedge beds; (2) discuss the potential for effect to the beds from project actions; and (3) identify feasible means by which the beds can be protected from disturbance. The meeting was attended by Water District representatives, LSA archaeologist Lora Holland, and Rumsen tribal member Linda Yamane. Based on the results of the meeting, a draft project design has been developed to minimize the disturbance to the healthy sedge beds (Attachments: Figure 4).

CONSULTATION INFORMATION To request consultation under AB 52 and Section 106 of the NHPA for the Project, please contact the District within 30 days of receipt of this letter, pursuant to Public Resources Code 21080.3.1(d), to consult under the requirements of both Section 106 and AB 52. Please note that the 30-day response requirement applies only to AB 52; there is no parallel mandatory response window provided in the regulations that implement Section 106. Please also note that, with respect to the requirements of AB 52, if you do not respond to this letter within 30 calendar days of receipt of this letter, the District is not required to enter into consultation with you on this matter under the requirements of that statute.

If you have any questions or concerns with the project, I may be reached via telephone at 831-658- 5620 or via email at [email protected].

Thank you for your consideration of this request.

Sincerely,

Larry Hampson, District Engineer

Attachments: Figure 1 Regional Location; Figure 2: Project site; Figure 3: Previously Recorded Archaeological Sites; Figure 4: Area of Potential Effects

March 5, 2018

Linda Yamane Rumsen Ohlone Community 1585 Mira Mar Ave Seaside, CA 93955

Subject: Section 106 and Assembly Bill 52 Consultation Outreach for the Carmel River Streambank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California

Dear Ms. Yamane: The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (project) (Attachments: Figures 1, and 2).

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5600  Fax 831-644-9560  http://www.mpwmd.net

• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson to discuss Mr. Rosales’ concerns regarding the project.

If you have any questions or concerns with the project, I may be reached via telephone at 831-658- 5620 or via email at [email protected].

Thank you for your consideration of this request.

Sincerely,

Larry Hampson, District Engineer

Attachments: Figure 1 Regional Location; Figure 2: Project site; Figure 3: Previously Recorded Archaeological Sites; Figure 4: Area of Potential Effects

March 5, 2018

Louis Trevino Rumsen Ohlone Community 2087 Delaware Street #5 Berkeley, CA 94709

Subject: Section 106 and Assembly Bill 52 Consultation Outreach for the Carmel River Streambank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California

Dear Mr. Trevino: The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (project) (Attachments: Figures 1, and 2).

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5600  Fax 831-644-9560  http://www.mpwmd.net

• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson to discuss Mr. Rosales’ concerns regarding the project.

If you have any questions or concerns with the project, I may be reached via telephone at 831-658- 5620 or via email at [email protected].

Thank you for your consideration of this request.

Sincerely,

Larry Hampson, District Engineer

Attachments: Figure 1 Regional Location; Figure 2: Project site; Figure 3: Previously Recorded Archaeological Sites; Figure 4: Area of Potential Effects

March 5, 2018

Louise Miranda-Ramirez, Chairperson Ohlone/Coastanoan-Esselen Nation P.O. Box 1301 Monterey, CA 93942

Subject: Section 106 and Assembly Bill 52 Consultation Outreach for the Carmel River Streambank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California

Dear Ms. Miranda-Ramirez: The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (project) (Attachments: Figures 1, and 2).

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5600  Fax 831-644-9560  http://www.mpwmd.net

Tribes, and, if formally requested in writing by a Tribe, consult with Tribes in regards to the project. The Native American Heritage Commission (NAHC) is required to provide each California Native American Tribe with a list of all public agencies that may be CEQA lead agencies within the geographic area with which the Tribe is traditionally and culturally affiliated, the contact information of those public agencies, and information on how the Tribe may request placement on agency notification lists for project-specific consultation.

• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson to discuss Mr. Rosales’ concerns regarding the project.

If you have any questions or concerns with the project, I may be reached via telephone at 831-658- 5620 or via email at [email protected].

Thank you for your consideration of this request.

Sincerely,

Larry Hampson, District Engineer

Attachments: Figure 1 Regional Location; Figure 2: Project site; Figure 3: Previously Recorded Archaeological Sites; Figure 4: Area of Potential Effects

March 5, 2018

Rudolph Rosales Indigenous Peoples Consultant Ohlone /Costanoan Esselen Nation P.O Box 647 Monterey CA, 93942

Subject: Section 106 and Assembly Bill 52 Consultation Outreach for the Carmel River Streambank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California

Dear Mr. Rosales: The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (project) (Attachments: Figures 1, and 2).

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5600  Fax 831-644-9560  http://www.mpwmd.net

• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson to discuss Mr. Rosales’ concerns regarding the project.

If you have any questions or concerns with the project, I may be reached via telephone at 831-658- 5620 or via email at [email protected].

Thank you for your consideration of this request.

Sincerely,

Larry Hampson, District Engineer

Attachments: Figure 1 Regional Location; Figure 2: Project site; Figure 3: Previously Recorded Archaeological Sites; Figure 4: Area of Potential Effects

March 5, 2018

Tom Little Bear Nason Esselen Tribe of Monterey County 38655 Tassajara Rd. Carmel Valley, CA 93924

Subject: Section 106 and Assembly Bill 52 Consultation Outreach for the Carmel River Streambank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California

Dear Mr. Nason: The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (project) (Attachments: Figures 1, and 2).

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5600  Fax 831-644-9560  http://www.mpwmd.net

• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson to discuss Mr. Rosales’ concerns regarding the project.

If you have any questions or concerns with the project, I may be reached via telephone at 831-658- 5620 or via email at [email protected].

Thank you for your consideration of this request.

Sincerely,

Larry Hampson, District Engineer

Attachments: Figure 1 Regional Location; Figure 2: Project site; Figure 3: Previously Recorded Archaeological Sites; Figure 4: Area of Potential Effects

March 5, 2018

Tony Cerda, Chairperson Coastanoan Rumsen Carmel Tribe 244 E. 1st Street Pomona, CA 91766

Subject: Section 106 and Assembly Bill 52 Consultation Outreach for the Carmel River Streambank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California

Dear Mr. Cerda: The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (project) (Attachments: Figures 1, and 2).

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5600  Fax 831-644-9560  http://www.mpwmd.net

• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson to discuss Mr. Rosales’ concerns regarding the project.

If you have any questions or concerns with the project, I may be reached via telephone at 831-658- 5620 or via email at [email protected].

Thank you for your consideration of this request.

Sincerely,

Larry Hampson, District Engineer

Attachments: Figure 1 Regional Location; Figure 2: Project site; Figure 3: Previously Recorded Archaeological Sites; Figure 4: Area of Potential Effects

March 5, 2018

Valentin Lopez, Chairperson Amah Mutsun Tribal Band P.O.Box 5272 Galt, CA 95632

Subject: Section 106 and Assembly Bill 52 Consultation Outreach for the Carmel River Streambank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California

Dear Mr. Lopez: The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (project) (Attachments: Figures 1, and 2).

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5600  Fax 831-644-9560  http://www.mpwmd.net

• On February 20, 2018, Indigenous Peoples Consultant Rudolph Rosales met with Water District Engineer Larry Hampson to discuss Mr. Rosales’ concerns regarding the project.

If you have any questions or concerns with the project, I may be reached via telephone at 831-658- 5620 or via email at [email protected].

Thank you for your consideration of this request.

Sincerely,

Larry Hampson, District Engineer

Attachments: Figure 1 Regional Location; Figure 2: Project site; Figure 3: Previously Recorded Archaeological Sites; Figure 4: Area of Potential Effects

Monterey

Carmel-By-The-Sea

Project Site

Project Vicinity

Project Site

FIGURE 1

Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 0.5 1 Monterey County, California MILES Regional Location SOURCE: National Geographic World Map and Google Map (2017). I:\MPW1701\GIS\Maps\Cultural\Figure 1_Regional Location.mxd (2/20/2018) Project Site

FIGURE 2

Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 1000 2000 Monterey County, California FEET Project Site SOURCE: USGS 7.5-minute Topo Quads - Seaside, Calif. (1983) and Monterey, Calif. (1983). I:\MPW1701\GIS\Maps\Cultural\Figure 2_Project Location.mxd (2/20/2018) Project Site

P-27-002128

P-27-000157 (approximate location)

Legend FIGURE 3 Project Site 0.5-mile Buffer of Project Site 1-mile Buffer of Project Site Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 1000 2000 Previously Recorded Archaeological Site Monterey County, California FEET Previously Recorded Archaeological Sites SOURCE: USGS 7.5-minute Topo Quads - Seaside, Calif. (1983) and Monterey, Calif. (1983). I:\MPW1701\GIS\Maps\Cultural\Figure 3_Previously Recorded Archaeological Sites.mxd (2/27/2018) LEGEND FIGURE 4 Area of Potential Effects Santa Barbara Sedge Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 100 200 Monterey County, California FEET Area of Potential Effects SOURCE: Google Maps Imagery. I:\MPW1701\GIS\Maps\Cultural\APE\Figure 3_Area of Potential Effects.mxd (2/20/2018) From: Larry Hampson To: [email protected] Cc: Lora Holland Subject: Carmel River - Rancho San Carlos Road streambank stabilization site Date: Tuesday, February 20, 2018 12:38:24 PM Attachments: YamaneCommentsBasketSedgeCarmelRiver27Aug2017.pdf LTrevino20171113.pdf AHoldren20171113.pdf

Hello Mr. Rosales –

Thank you for coming into the MPWMD office today to speak to me about your concerns about the restoration work proposed at Rancho San Carlos Road in the Carmel River. I now have a better understanding of the Ohlone/Costanoan/Esselen Nation (OCEN) interest in this site and your role as Most Likely Descendent group as identified by the Native American Heritage Commission of the State of California

As we discussed, I have attached comments previously received by MPWMD on the draft design for the project.

At present we are re-designing this project to avoid impacts to Santa Barbara sedge and to salvage as much of the sedge that has fallen into the river as possible. After the new design is complete, we will coordinate a site visit to discuss the project with all interested stakeholders and will reach out to you with potential dates.

At the February 22, 2018 MPWMD Board meeting, there will be a Public Hearing to approve the project and adopt an Addendum to the Environmental Impact Report for this type of work. The staff note and attachments can be viewed at

http://www.mpwmd.net/asd/board/boardpacket/2018/20180222/12/Item-12.htm

I am currently revising the Resolution to approve the project to better identify Native American stakeholders such as the OCEN who have an interest in the site.

Larry Hampson, District Engineer Monterey Peninsula Water Management District 5 Harris Ct., Bldg G, Monterey CA 93940 P.O. Box 85, Monterey CA 93942 OFFICE: (831) 658-5620 FAX: (831) 644-9560 or MOBILE: (831) 238-2543 http://www.mpwmd.net/

From: Lora Holland To: Neal Kaptain; Andrew Pulcheon; Tim Jones Subject: FW: OCEN Date: Thursday, April 19, 2018 10:31:00 AM Attachments: NAHC_Response.20180105_091838.pdf

The district response: From: Larry Hampson [mailto:[email protected]] Sent: Monday, April 16, 2018 12:50 PM To: Louise Ramirez Cc: Lora Holland Subject: RE: OCEN

Thank you Chairwoman Ramirez. I received your letter and map today, Monday April 16. Based on the map you sent, it appears the project site, which is four miles upstream of the ocean along the Carmel River, lies near Achasta. I have not received a cultural resources report for the project, yet; however, the Native American Heritage Commission search (attached) came up negative for cultural resources. We will be in contact with you about the project.

From: Louise Ramirez [mailto:[email protected]] Sent: Friday, April 13, 2018 3:23 PM To: Larry Hampson Subject: OCEN

Saleki Atsa,

Attached please find OCEN's response.

Louise J. Miranda Ramirez Tribal Chairwoman Ohlone/Costanoan-Esselen Nation

www.ohlonecostanoanesselennation.org BERKELEY CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO

March 29, 2018

Carmel Heritage Society PO Box 701 Carmel, California 93921

Subject: Section 106 Consultation Outreach for the Carmel River Bank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California (LSA Project #MPW1701).

Dear Society President:

The Monterey Peninsula Water Management District (Water District) proposes to repair and stabilize a 400-foot-long section of streambank along the Carmel River, approximately three miles east of State Route 1 and immediately downstream (west) of Rancho San Carlos Road in the Carmel Valley in Monterey County, California (Figure 1). The Area of Potential Effects (APE) is in Section 24, Township 16 South, Range 1 East, Mount Diablo Baseline and Meridian, as depicted on the accompanying portion of the USGS Seaside, Calif., 7.5' topographic quadrangle map (Figure 2).

Please notify us if your organization has any information or concerns about historical sites in the APE. This is not a request for research; it is solely a request for public input for any concerns that the society may have. If you have any questions, please contact me at the address and phone number above or via email ([email protected]).

Thank you for your consideration of this request.

Sincerely, LSA ASSOCIATES, INC.

Neal Kaptain, M.A., RPA #3797700 Associate Archaeologist

3/29/18 (P:\MPW1701\MPW1701.P\Consultation\MCHS\Carmel Heritage Society consultation outreach.docx)

157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.lsa.net BERKELEY CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO

March 29, 2018

Dr. Gary Breschini, President Monterey County Historical Society Boronda Adobe History Center 333 Boronda Road Salinas, California 93907

Subject: Section 106 Consultation Outreach for the Carmel River Bank Stabilization at Rancho San Carlos Road Project, Carmel Valley, Monterey County, California (LSA Project #MPW1701).

Dear Dr. Breschini:

Thank you for your consideration of this request.

Sincerely, LSA ASSOCIATES, INC.

Neal Kaptain, M.A., RPA #3797700 Associate Archaeologist

3/29/18 (P:\MPW1701\MPW1701.P\Consultation\MCHS\MCHS Section 106 consultation outreach.docx)

157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.lsa.net Monterey

Carmel-By-The-Sea

Project Site

Project Vicinity

Project Site

FIGURE 1

FIGURE 2

Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 1000 2000 Monterey County, California FEET Project Location SOURCE: USGS 7.5-minute Topo Quads - Seaside, Calif. (1983) and Monterey, Calif. (1983). I:\MPW1701\GIS\Maps\Cultural\Figure 2_Project Location.mxd (2/20/2018) C ULTURAL R ESOURCES S TUDY C ARMEL R IVER B ANK S TABILIZATION AT R ANCHO S AN C ARLOS R OAD J UNE 2018 C ARMEL, M ONTEREY C OUNTY, C ALIFORNIA

APPENDIX D ESA ACTION PLAN

ENVIRONMENTALLY SENSITIVE AREA ACTION PLAN

CARMEL RIVER BANK STABILIZATION AT RANCHO SAN CARLOS ROAD CARMEL, MONTEREY COUNTY, CALIFORNIA

June 2018

ENVIRONMENTALLY SENSITIVE AREA ACTION PLAN

CARMEL RIVER BANK STABILIZATION AT RANCHO SAN CARLOS ROAD CARMEL, MONTEREY COUNTY, CALIFORNIA

Submitted to:

Larry Hampson, District Engineer Monterey Peninsula Water District P.O. Box 85 Monterey, California 93942

Prepared by:

Lora Holland, M.A. RPA 989173 E. Timothy Jones, M.A., RPA 15531 LSA 157 Park Place Point Richmond, California 94801 510.236.6810

Project No. MPW1701

June 2018 E NVIRONMENTALLY S ENSITIVE A REA A CTION P LAN C ARMEL R IVER B ANK S TABILIZATION AT R ANCHO S AN C ARLOS R OAD J UNE 2018 C ARMEL, M ONTEREY C OUNTY, C ALIFORNIA

TABLE OF CONTENTS

INTRODUCTION ...... 1 METHODS ...... 2 ESA PROCEDURES ...... 3

TABLES Table A: Environmentally Sensitive Area (ESA) Action Plan: Tasks and Responsible Parties ...... 3

APPENDICES A: FIGURES Figure 1: Project Location and Vicinity Figure 2: Project Site (USGS Seaside, Calif. topographic map) Figure 3: Environmentally Sensitive Area

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INTRODUCTION

The Monterey Peninsula Water District (Water District) proposes the Carmel River Bank Stabilization at Rancho San Carlos Road Project (the “project”) in Carmel, Monterey County, California. The project would repair bank erosion along the Carmel River of approximately 75 feet of the north streambank and up to 400 feet of the south streambank, just downstream of the Rancho San Carlos Road Bridge at river mile 3.8 ( Appendix A: Figures 1 and 2).

As the project would affect waters of the United States, the project proponent (Water District) must meet the requirements of Section 404 of the Clean Water Act and, therefore, must apply for a Nationwide Permit (NWP) from the United States Army Corps of Engineers, San Francisco District (Corps). Section 106 of the National Historic Preservation Act of 1966, as amended, requires that every federal agency “take into account” the effect of its undertakings on historic properties. Issuance of a NWP for this project is an undertaking (as defined at 36 CFR 800.16(y)) with the potential to cause effects on historic properties (36 CFR 800.3(a)), and, as such, the requirements of Section 106 must be met to take into account the effect of the undertaking on any district, site, building, structure, or object that is included in, or eligible or inclusion in, the National Register of Historic Places (NRHP). LSA prepared a cultural resource study at the request of the Water District for submittal to the Corps with the NWP application. This study was undertaken to assist the Corps with their requirements under Section 106 and their consultation obligations with the State Office of Historic Preservation pursuant to 36 CFR 800.3(c)(3).

LSA’s study identified the Rancho San Carlos Road Sedge Bed (sedge bed) within the Area of Potential Effects. This sedge bed represents a Native American plant gathering area that functioned as an important source of Santa Barbara sedge (Carex barbarae) for the Rumsen Ohlone. This property appears eligible for listing in the NRHP under Criterion A due to its association with events that have made a significant contribution to the broad patterns of our history, namely as a location where present-day and ancestral Rumsen Ohlone gathered sedge for basket making (Appendix A: Figure 3).

This Environmentally Sensitive Area Action Plan (ESA) was prepared to avoid a potential adverse effect to the sedge bed. This Action Plan presents procedures for temporary protective fencing around the sedge bed to exclude project activities from this area, describes the schedule for implementation of this measure, and identifies those parties responsible for installation and maintenance of the fencing.

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METHODS

The ESA will be delineated and protected by four-foot-high polyethylene construction fencing as depicted in Appendix A, Figure 3. The purpose of the fencing is to restrict access by construction personnel and equipment within viable and actively harvested portion of the sedge bed, as delineated through consultation, to prevent temporary or permanent damage to this resource. The fencing will be installed at the ESA prior to any ground-disturbing construction activities and maintained for the duration of the project around the sedge bed. Conspicuous signage attached to the fence will indicate that no access within the fenced area is allowed.

The Water District Project Manager/Engineer will ensure that ESA fencing is clearly described and illustrated in the plans, specifications, and estimates prepared to guide construction. The Project Manager will ensure that the ESA Action Plan is attached to the contract in place with each contractor conducting excavation. A pre-construction meeting will be held to discuss monitoring procedures, the types of archaeological resources that could be encountered, and the reasons for the ESA mitigation. LSA will develop a one-page handout that summarizes the training and includes contact information and provide a copy to each trainee. Attendees will sign a training sign-in sheet and be provided with a hardhat sticker to document their participation in the training. The meeting will be attended by the Water District Project Manager/Engineer, the Native American tribal representative, and the project archaeological monitor. If a sub-consultant is scheduled to begin construction on the Project and has not attended the pre-construction meeting, the Project Manager and/or Resident Engineer will make arrangements for the Native American tribal representative and archeological monitor to meet with the sub-consultant to inform them about the ESA and monitoring procedures.

The responsibility lies with the Water District Project Manager/Engineer to ensure that the Native American Tribal representative and archeological monitor are present when the ESA fencing and signs are installed or removed. Prior to installation or removal of the ESA fencing and signs, the Project Manager/ Water District Engineer will notify the Native American Tribal representative and the monitoring archaeologist for the project.

Once the fencing is in place, the fence will be monitored by a Native American tribal representative and the Water District for the duration of the project. The contractor constructing the construction limit fencing and erosion control measures will be responsible for installing and maintaining the temporary fencing at the direction of the Native American monitor and Water District.

The ESA will remain in force throughout the duration the project. When construction activities are complete, the Water District Project Manager/Engineer, Native American tribal representative, and archaeological monitor will coordinate to confirm that protective measures are no longer necessary, and the ESA fencing can be removed. The monitoring archaeologist will prepare a final summary letter report for distribution to the Water District and the Corps.

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ESA PROCEDURES

Table A: Environmentally Sensitive Area (ESA) Action Plan: Tasks and Responsible Parties

Task Completed Stage Task Responsible Party (Date and Initial) Pre-Construction Water District Project Manager/Engineer will • Water District Project ensure that ESA fencing is clearly described Manager/Engineer and illustrated in the plans, specifications, and estimates prepared to guide construction. Pre-Construction The ESAs will be discussed during the pre- • Water District Project construction meeting. The importance of the Manager/Engineer ESAs will be discussed with construction • personnel, and it will be stressed that no Archaeological monitor construction activity (including storing or • Native American tribal staging of equipment or materials) shall occur monitor within an ESA. Additionally, construction personnel will be provided with an overview of the general environmental protections for cultural resources, including unauthorized disturbance or removal of artifacts and plants. Pre-Construction Prior to installation of the ESA fencing and • Water District Project signs, the Project Manager/ Water District Manager/Engineer Engineer will notify the Native American Tribal representative and the monitoring archaeologist for the project to ensure they are present during installation.

During Construction Once the fencing is in place, the fence shall be • Water District Project monitored by a Native American tribal Manager/Engineer representative and the Water District. The • ESA will remain in force throughout the Native American tribal duration the project. monitor After Construction When construction activities are complete, • Water District Project the Water District Project Manager/Engineer, Manager/Engineer Native American tribal representative, and • archaeological monitor will coordinate to Archaeological monitor confirm that protective measures are no • Native American tribal longer necessary, and the ESA fencing can be monitor removed in the presence of the Native American Tribal Representative and archeological monitor. The monitoring archaeologist will prepare a final summary letter report for distribution to the Water District and the Corps.

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APPENDIX A

FIGURES

Figure 1: Project Location and Vicinity Figure 2: Project Site (USGS Seaside, Calif. topographic map) Figure 3: Environmentally Sensitive Area

P:\MPW1701\Report\ESA draft.docx (06/19/18) A-1 Monterey

Carmel-By-The-Sea

Project Site

Project Vicinity

Project Site

FIGURE 1

FIGURE 2

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LEGEND FIGURE 3 Area of Potential Effects San Carlos Road Sedge Bed Grading Limit !! ESA Fence Carmel River Bank Stabilization at Rancho San Carlos Road Project 0 75 150 Monterey County, California FEET Environmentally Sensitive Area SOURCE: Google Maps Imagery. I:\MPW1701\GIS\Maps\Cultural\ESA Action Plan\Figure 3_Environmentally Sensitive Area.mxd (6/19/2018)