CDD-EPNR_MEMO_24-202-053_REV.pdf

SALT RIVER

PIMA-MARICOPA INDIAN COMMUNITY

Community Development Department

Environmental Protection & Natural Resources

10005 EAST OSBORN ROAD, SCOTTSDALE, AZ 85256 EPNR@srpmic-nsn.gov

CDD/EPNR MEMORANDUM

To: Angela Zubko, Engineering and Construction Services (ECS) Thru: Christopher Horan, CDD Assistant Director Date: 15 July 2024 Subject: Salt River Cemetery Veterans Section | EPNR Project #24-202-053

A Request for Environmental Review (RER) was received by the Salt River Pima-Maricopa Indian Community (SRPMIC or Community), Community Development Department’s Environmental Protection and Natural Resources Division (CDD/EPNR) on 26 March 2024 from Angela Zubko, Sr. Construction Manager from ECS requesting an environmental and archaeological review of a Proposed Conceptual Site Plan prepared for project development of the “Salt River Cemetery Veterans’ Section.” This proposal will provide for future burial plots for SRPMIC veterans, and include construction of a new building for restrooms (with a septic system connection), a committal shelter, parking area and added fire lane.

The project’s area of potential effect (APE) for the Veteran’s Section will be situated on the eastern end of where the existing cemetery is located and will encompass approximately 2.7 acres of land.

This memo is to inform you that CDD/EPNR has completed a review of the referenced site location on Tribal land (615 T) which is approximately a quarter mile (0.25 mi) northwest of the E. McDowell and N. Extension road intersection within N2SE4SW4 of Section 33, Township 2 North, Range 5 East of the Gila & Salt River Baseline and Meridian in Maricopa County, Arizona.

CDD/EPNR has determined that there are archaeological, biological species and/or environmental concerns known to this specific area. The following conditions must be met throughout the duration of the project:

ARCHAEOLOGICAL RESOURCES

ARCHAEOLOGICAL TESTING, DATA RECOVERY, AND

MONITORING REQUIRED

SRPMIC is requesting archaeological identification testing at archaeological sites that are present within the proposed APE for the Salt River Cemetery Veteran’s Section prior to development. A Historic Properties Treatment Plan (HPTP) will need to be completed by a CDD-EPNR–approved contractor for the archaeological sites. Should archaeological testing result in significant subsurface finds, data recovery procedures may be required. Archaeological monitoring during construction is a stipulation for this project undertaking, and will be coordinated between EPNR, the EPNR on-call consultant who completed the testing and data recovery, and ECS. All of the archaeological work will require consultation with the Tribal Historic Preservation Officer (THPO) and Cultural Resources Department Staff.

SRPMIC-CDD/EPNR

Salt River Cemetery Veterans Section

July 15, 2024

NOTES: Full-time qualified archaeologists who meet the Secretary of the Interior’s Standards for Professional Qualifications (36 C.F.R Part 61) must be present to conduct all archaeological activities. If an agency or contractor does not have an archaeologist on staff, please contact CDD/EPNR for a list of cultural resource firms that are licensed to work on the Community. The Community does not endorse any firms, rather the list shall be provided as a courtesy.

Contractors, businesses, outside agencies:

1. Please schedule or retain an archaeologist who is licensed to work on the Community to conduct monitoring and other archaeological activities.

2. Notify CDD/EPNR at epnr@srpmic-nsn.gov seven (7) days prior to the beginning of construction activities.

SRPMIC Government departments: Immediately upon receipt of this CDD/EPNR Memorandum, please contact a CDD/EPNR staff archaeologist to discuss the project specifics to determine if an on-call archaeological firm will be required to complete the project.

BIOLOGICAL RESOURCES

If any threatened, endangered, or culturally significant wildlife species are discovered at any time, all activities shall cease and the Community Wildlife Biologist shall be contacted; unless halting activities would prove detrimental to human health or the environment.

BIOLOGICAL MONITORING REQUIRED

A bald eagle nest is within 1,500 feet of the proposed project location. As the bald eagle is recognized as a bird of conservation concern and a tribally significant species, care is required to limit the negative effects of construction and vegetation removal activities during the breeding season. The EPNR wildlife biologist (480-362-5154) should be consulted at least 30 days before the bald eagle nesting season begins (November 1st to June 1st) if any work will occur within 1,500 feet of the eagle nest.

To ensure construction activities, vegetation removal, or other such disturbances do not cause agitation to the nesting pair and/or flushing from the nest which could result in nest failure, a nest monitor will be required for construction activities that occur within 1,500 feet of an ACTIVE nest. Nest monitoring will be required to ensure the bald eagles are not adversely affected by traffic or noise. If it is determined that the birds are being disturbed, construction within the area will cease until approval is given to resume by EPNR. Work cannot be done with 1,500 feet of an eagle nest during nesting season (November 1st to June 1st) without an eagle nest monitor present.

Please review Appendix A for complete summary of the biological concerns and requirements.

Reference Appendix B for dust control and storm water control requirements.

CDD/EPNR accepts the scope of work as provided in the RER dated March 26, 2024. Expiration of this CDD/EPNR Memorandum is within 10 years of being issued or completion of the project, whichever comes first, OR if the Scope of Work changes. If the Scope of Work changes or if the CDD/EPNR Memorandum is more than 10 years old, a new RER must be submitted.

Should previously undocumented archaeological materials, cultural or biological resources, or hazardous materials be encountered during construction or project activity, work must cease at that location and mailto:epnr@srpmic-nsn.gov

July 15, 2024 our office must be notified immediately by calling (480) 362-7600 and requesting to speak with an archaeologist.

Should you have any questions, please contact CDD/EPNR at epnr@srpmic-nsn.gov or 480.362.7600.

Cc: Christopher Horan, CDD Assistant Director Carol Hibbard, CDD/EPNR Sr Environmental Engineer Lanell Poseyesva, Archaeologist Jayson Gray, Archaeologist Sky Dawn Reed, NEPA Angela Cruz, NEPA Shane Anton, Tribal Historic Preservation Officer Berniece “Sunday” Eiselt, CRD Staff Archaeologist Martha Martinez, CRD NAGPRA Coordinator Angela Garcia-Lewis, CRD Compliance Supervisor Victoria Olmstead, CDD/EPNR Sr Environmental Specialist Stanimira Todorova, ECS Compliance mailto:epnr@srpmic-nsn.gov

July 15, 2024

APPENDIX A

BIOLOGICAL SURVEY OBSERVATIONS AND REQUIREMENTS

At the time of biological survey duties, the following observations were recorded.

WILDLIFE:

A bald eagle nest is located within 1,500 feet of the proposed project location. Nest monitoring may be necessary to arrange, if any work will occur within 1,500 feet of the eagle nest to avoid disturbance and prevent nest failure; the CDD/EPNR staff wildlife biologist should be consulted at least 30 days before the bald eagle nesting season begins (November 1st to June 1st) at (480) 362-5451 to coordinate project activities.

Nests were noted within the project area. If vegetation removal is necessary within the project area;

all trees should be checked for nesting species during the peak nesting season (Feb 1 – Sept 30). The present plants can provide nesting habitat for a range of migratory bird species. If a nest is found, the tree should not be disturbed or removed until the nest is deemed inactive by a biologist.

If vegetation removal is necessary during peak nesting season (Feb 1 – Sept 30), please contact the CDD/EPNR staff wildlife biologist at (480) 362-5451 no fewer than 7 days or more than 30 days prior to the beginning of construction activities to schedule a nest survey.

Western burrowing owls were observed utilizing burrows within and around the project area. As such, the area should be surveyed before ground disturbance to ensure there are no active nests;

on, or in the ground. If active nests or burrows are found, the area should not be disturbed until the nests and burrows have been deemed inactive or cleared by a biologist. If active burrows have been found, work activities should be avoided within a 100-foot radius of active burrows.

Saguaro cacti are a keystone species providing pollen, nectar, fruits, shelter and protection to a variety of species, including avian species and otherwise. They are also a Tribally-significant species.

Saguaros with possible nest cavities were observed during the surveys; therefore, as a saguaro being the preferred nesting location for Gila woodpeckers, where feasible, the saguaros should remain in place, or be salvaged/relocated. Before moving saguaros, they should checked for nesting species. If a nest is found, the saguaro should not be disturbed or moved until the nest is deemed inactive by a biologist.

Additionally, Gila woodpeckers were also observed to be active within the project area, and are classified as a being a bird of conservation concern; therefore, care must be taken to limit the negative effect of construction activities during the breeding season (Feb 1 – Sept 30). As such, wherever feasible, native Palo Verde and mesquite trees within the project area should remain, or be replaced after construction within the landscape. While these trees may not have an active nest in them, it would be advisable to leave them where they are until the end of the nesting season; as the Palo Verde and mesquite trees provide foraging opportunities and shelter for migratory avian species such as the Gila woodpecker.

Care should be taken during removal of debris within the project area as debris piles provide denning options to a variety of reptile and mammalian species and occasionally ground nesting birds.

Checking debris piles for reptilian or mammalian inhabitants with a flashlight before removal is recommended to minimize unintentional take and as a precaution for human safety.

VEGETATION: As noxious weeds and invasive plant species are a concern within the community, care should be taken during removal of these plant species to prevent further spreading of the invasive species to nearby croplands or habitats. All equipment should be inspected and if necessary, be cleaned of vegetation or mud, before entering the work site and prior to leaving the work site to prevent carrying seeds and plant material to other locations. Removed invasive plant materials should be disposed of properly at a landfill.

APPENDIX B

DUST CONTROL

When engaged in a fugitive dust-generating operation, the owner and/or operator shall install, maintain, and use dust control measures, as applicable. The owner and/or operator of the fugitive dust-generating operation shall implement control measures before, after, and while conducting fugitive dust operations, including weekends, after work hours, and on holidays. In the future, any fugitive dust operations which exceed one (1) acre in size shall apply for and receive Dust Control Plan (DCP) approval from CDD/EPNR prior to beginning operations. Contact Ben Davis for dust control permitting and planning: benjamin.davis@srpmic-nsn.gov.

STORM WATER MANAGEMENT

All projects proposing to disturb one (1) or more acres, or are part of a larger project measuring one (1) or more acres, require the submission of a Notice of Intent (NOI) to the U.S. Environmental Protection Agency (EPA) for coverage under a Construction General Permit. The NOI should be submitted electronically to EPA, and a copy of the NOI must be submitted to CDD/EPNR. A Storm Water Pollution Prevention Plan (SWPPP) must also be developed, and a copy shall be submitted to CDD/EPNR prior to the commencement of construction activities.

You must determine if EPA National Pollution Discharge Elimination System (NPDES) permitting applies https://www.epa.gov/npdes/npdes-permit-basics and https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates. All documents, including a Notice of Intent, must be filed electronically with EPA. Please submit copies of the NOI and if applicable, waiver to Gina Mason at regina.leverette-mason@srpmic-nsn.gov. If you are required to prepare a construction SWPPP due to the size of the project, please submit an electronic copy to Ms. Mason.

The owner and/or operator shall maintain the area(s) in a sanitary condition at all times; waste materials shall be properly disposed of promptly. No owner and/or operator shall dispose of recyclable material through solid waste disposal. The owner/operator assumes all responsibility for the removal of hazardous wastes, either found, generated, or disposed of.

https://www.epa.gov/npdes/npdes-permit-basics https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates mailto:regina.leverette-mason@srpmic-nsn.gov