LI-04_PWS_Atch_J_Programmatic_Agreement.pdf

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PROGRAMMATIC AGREEMENT

AMONG

THE U.S. ARMY CORPS OF ENGINEERS, THE SEQUOIA NATIONAL FOREST,

THE CALIFORNIA STATE HISTORIC PRESERVATION OFFICER AND THE

ADVISORY COUNCIL ON HISTORIC PRESERVATION

REGARDING THE

ISABELLA LAKE DAM SAFETY MODIFICATION STUDY PROJECT

KERN COUNTY, CALIFORNIA

WHEREAS, the U. S. Army Corps of Engineers, Sacramento District (Corps), is proceeding with the Isabella Lake Dam Safety Modification Study Project (Undertaking) as authorized under the Flood Control Act of 1944, P.L. 78-534, Chapter 665, Section 10, page 901.

Dam Safety Modification Study projects are authorized by the Water Resources Development

Act of 1986, P.L. 99-662, Title XII that provides the authority to make modifications to completed Corps of Engineers dam projects that have potential safety hazards; and

WHEREAS, the Corps has determined that the Undertaking may have an effect on properties that are either included in, or are eligible for inclusion in the National Register of

Historic Places (NRHP) and has consulted with the California State Historic Preservation Officer

(SHPO) pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended

(NHPA); and

WHEREAS, the Isabella Lake Dam is on Sequoia National SQF (SQF) land. Therefore, the Corps has consulted with the SQF and has invited them to be a signatory to this

Programmatic Agreement (PA); and

WHEREAS, the Corps, with the concurrence of SHPO and the Advisory Council on

Historic Preservation (ACHP), has decided to comply with Section 106 of the NHPA for the

Undertaking through the execution and implementation of a PA because the Corps cannot fully determine the effects of the Undertaking on historic properties (36 CFR §800.14(b)(1)(ii), and this agreement would addresses all phases and segments of the Undertaking ; and

WHEREAS, the SQF, and the Corps agreed that the Corps would assume the role as lead federal agency for the purposes of this Undertaking, as provided in 36 C.F.R. § 800.2(a)(2); and

WHEREAS, the Santa Rosa Rancheria Tachi Yokuts Tribe, the Tule River Tribe of the

Tule River Indian Reservation, the Bishop Paiute Tribe, and the Tübatulabal Tribe have been contacted and afforded the opportunity to participate in the PA as concurring parties; and

WHEREAS, the ACHP was invited to participate in consultation and has agreed to participate in a letter dated September 30, 2010; and

WHEREAS, the Undertaking may occur on land that is all, or in part owned by the

Corps, the SQF, and private property; and

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WHEREAS, the Corps determined Isabella Lake Dam to be ineligible for inclusion in the National Register of Historic Places and SHPO concurred on September 27, 2010;

NOW, THEREFORE, the Corps, the SQF, the SHPO, and the ACHP agree that the proposed Undertaking shall be implemented in accordance with the following stipulations in order to take into account the effects of the Undertaking on historic properties and to satisfy the

Corps’ Section 106 responsibilities for all individual aspects of the Undertaking.

STIPULATIONS

The Corps shall ensure that the following measures are carried out:

Stipulation I

Area of Potential Effects Determination

A. The Corps has determined and documented the Area of Potential Effects (APE) for the

Undertaking in consultation with SHPO. Modifications of the APE may be made by mutual agreement of the signatories without amending this Agreement.

B. The Corps has determined and documented the Area of Potential Effects (APE) for the

Undertaking in consultation with the SQF and the SHPO for all properties on Federal land. The APE is on the Lake Isabella North, T 27 S, and R 32 E, and Lake Isabella

South, T 26 S, and R 33 E. Both had minor revisions made to them in 1994. The third topographic map id the Weldon quadrangle, T 26 S, and R 33 E also revised in 1994.

The Corps shall consult with the SHPO, and the SQF, and if appropriate, in a timely manner to amend the boundaries of the APE. A map of the APE is in Appendix 3.

C. The SHPO shall be notified in a timely manner of any modifications with the construction, right-of-way, and ancillary areas.

Stipulation II

Identification

A. The Corps has completed an updated records and literature search from all institutions that housed relevant documentation. The Corps also contracted with Basin Research

Associates, Inc. for a records check. The final report entitled “Confirmation and

Reevaluation of Cultural Resources Previously Identified in the Project Study Area, Isabella Lake Dam Safety Assurance Program, Kern County, California” was completed in February 2011.

B. The Corps, shall, pursuant to the Archeological Resources Protection Act of 1979, Section 4 (16.U.S.C. 470cc (a)), apply for a permit to conduct the excavation and removal of archeological resources on SQF land as required by SQF. This requirement shall be implemented for either evaluation pursuant to Stipulation 3(A) or Data Recovery pursuant to Stipulation VII. The SQF shall, at their discretion, retain “major”

C:\Data\Wordfiles\Docs_01\Lake Isabella DSAP 2007-08\Programmatic Agreement\Isabella Lake Final DSMS PA.docx responsibilities towards directing when, how, and where the evaluation testing or data recovery are planned.

C. The Corps will insure that form FS-2700-30 (Rev 05/06) Application for Permit for

Archaeological Investigations is filed with the SQF and will obtain the necessary permit(s) prior to working on SQF land. The Corps will also insure continued coordination with the SQF Heritage Resource Manager regarding any additional necessary permits and protocols for conducting archeological work on SQF land.

D. The Corps will complete and report the results of all required intensive surveys of the

Undertaking's APE in a manner consistent with the "Secretary of the Interior's Standards and Guidelines for Identification" (48 FR 44720-23) and take into account the National

Park Service’s publication, "The Archaeological Survey: Methods and Uses" (1978:

GPO stock #024-016-00091). This will include areas not previously surveyed and areas where previous surveys are deemed by the Corps, in consultation with the SQF as necessary and the SHPO, to be inadequate. This will also include additional areas that may be affected by changes in the project design, borrow areas, haul roads, staging areas, extra work space, and other ancillary areas related to the Undertaking. If identified cultural resources do not need to be evaluated but can be determined eligible based on the results of the survey and prepared contexts and historic documentation, then the Corps may request the SQF, and the SHPO’s concurrence with those determinations at that time. Reports produced as a result of intensive surveys will be submitted to the SQF, and the SHPO for review. The SQF and the SHPO shall have 45 calendar days after receipt to provide comments to the Corps.

E. Survey recordation shall include linear features, isolates, and re-recordation of previously recorded sites as necessary. The survey shall ensure that historical structures and buildings, and historical engineering features are recorded in addition to archeology sites.

The types of properties to be recorded shall include, but not be limited to; commercial, residential, and ecclesiastical buildings, roads, trails, bridges, culverts, and agricultural features, including ditches. Recordation of historic structures and buildings shall be prepared using the State Historic Preservation Office, Historic Resources Inventory form, August 2004 revision.

F. Previously recorded sites will be updated using the California DPR 523 Site Record forms. Isolates will be numbered sequentially, plotted on a map and recorded on a single table within the report. Non-linear sites that extend outside of the APE will be examined in their entirety unless access to land is prohibited. In the event access cannot be gained, the Corps will consult with the SQF, and the SHPO regarding appropriate means of evaluating a given site. Linear resources (i.e., railroad, road, trail, ditch, etc.) that appear on General Land Office (GLO) plat maps or are known from other archival data to be potentially significant, or which have associated features or dateable artifacts will be recorded on DPR 523 site forms. Linear resources not mentioned on GLO plat maps or that appear on GLO plat maps but which are not associated with features or dateable artifacts, and so not appear to be significant on the basis of known archival data will be treated as “isolated road segments” and will be recorded in tabular form and collected

C:\Data\Wordfiles\Docs_01\Lake Isabella DSAP 2007-08\Programmatic Agreement\Isabella Lake Final DSMS PA.docx data will include at a minimum two (2) separate GPS points at both ends of the linear feature within the APE.

Stipulation III

Evaluation

A. The Corps will ensure that Evaluation Plans (EP) prepared for previously unevaluated cultural resources identified within the APE are consistent with the “Secretary of the

Interior's Standards and Guidelines for Evaluation” (48 FR 44723-26). Individual EPs will be developed to address different categories of potentially eligible historic properties.

A Discovery Evaluation Plan (DEP) and a Construction Monitoring Plan (CMP) will be developed as components of an EP. An EP will be used whenever the Corps, in consultation with the SQF, and the SHPO, determines that a cultural resource should be evaluated and use of the EP is essential to determine the boundaries and data potential of the site. Any archaeological testing will be limited to disturbing no more than 20 percent of the surface area of the resource and will be just sufficient to determine a site’s eligibility for inclusion in the National Register.

B. The Corps will submit the EP for concurrent review to the SHPO, and appropriate Indian tribes. The Corps will also submit the EP for concurrent review to the SQF if the cultural resources to be evaluated should be on SQF’s property. All reviewers shall have 45 calendar days after receipt to comment on the draft EP. The Corps will ensure that any comments received within that time period are taken into account and incorporated into the final EP. If the Corps cannot concur with comments made by the SQF and the SHPO and/or Indian tribes, the Corps will resolve the dispute in accordance with Stipulation

XV. Failure of the SQF and the SHPO to comment within the specified time period shall not preclude the Corps from allowing the draft EP to be finalized and implemented in accordance with the terms of this stipulation. Within thirty (30) calendar days of finalizing the EP, the Corps shall provide a copy of the final document to the SQF, and the SHPO.

C. The Corps in consultation with the SHPO and the SQF, as appropriate, will ensure that determinations of eligibility are made in accordance with the criteria set forth in 36 CFR

§60.4 for all properties within the APE, including additional areas that may be affected by changes in the project design, borrow areas, haul roads, staging areas, extra work space, and other ancillary areas related to the Undertaking. If the Corps, the SQF, , and the SHPO cannot agree on the National Register eligibility of a property, the Corps will obtain a determination from the Keeper of the National Register in accordance with 36

CFR Part 63. The determination of the Keeper shall be final for purposes of this PA.

Stipulation IV

Reporting

In accordance with Stipulation II(D) and Stipulation III(B), the Corps will prepare draft survey, and evaluation reports. The Corps will ensure those copies of draft survey and evaluation reports are submitted concurrently to the SHPO, the SQF, and other parties to this agreement for

C:\Data\Wordfiles\Docs_01\Lake Isabella DSAP 2007-08\Programmatic Agreement\Isabella Lake Final DSMS PA.docx a thirty (30) day period for review and comment. Failure by any reviewer to comment within this time period shall not preclude the Corps from allowing draft reports to be finalized. Within thirty (30) calendar days of finalizing the survey, and evaluation reports, the Corps shall provide all reviewers named in these stipulations copies of all final reports.

Stipulation V

Treatment of Confidential Information

To the extent consistent with the National Historic Preservation Act, Section 304, and the

Archaeological Resources Protection Act, Section 9(a), cultural resources data from Corps/SQF managed lands will be treated as confidential by all Parties and is not to be released to any party not a Party to this agreement. In carrying out their responsibilities under this PA, the Federal

Agency shall restrict disclosure of information in accordance with Section 304 of NHPA and implementing regulations, and other applicable non-disclosure provisions. Confidentiality concerns for properties that have traditional religious and cultural importance to the Tribes will be respected and will be protected to the extent allowed by law.

Stipulation VI

Qualifications

The Corps will ensure that archeological, historic, and architectural work conducted pursuant to this Agreement is carried out by, or under the direct supervision of a person or persons meeting qualifications set forth in the Secretary of the Interior’s Professional

Qualification Standards (36 CFR Part 61).

Stipulation VII

Determinations of Effect

The Corps will apply the Criteria of Adverse Effect pursuant to 36 CFR 800.5(a) (1) to all historic properties within the APE that will be affected by the Undertaking. Determinations of effect will be made in consultation with the SQF, and the SHPO and other interested parties.

Stipulation VIII

Preparation of Historic Property Treatment Plans

The Corps, in consultation with the SHPO, and/or the SQF shall ensure that a Historical

Property Treatment Plan (HPTP) is developed for the mitigation of anticipated effects on historic properties that will result from the Undertaking and any related uses and activities.

A. Avoidance of adverse effects on historic properties is the preferred treatment approach.

The HPTP will discuss and justify the chosen approaches to the treatment of project historic properties and those treatment options considered, but rejected. If preservation of part or all of any historic properties is proposed, the treatment plan will include discussion of the following:

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1. Description of the area or portions of the historic properties to be preserved in-place, and an explanation of why those areas or portions of sites were chosen;

2. Explanation of how the historic properties will be preserved in-place, including both legal and physical mechanism for such preservation;

3. A plan for monitoring and assessing the effectiveness of mechanisms to preserve the historic properties; and

4. A plan for minimizing or mitigating future adverse effects on the historic properties if preservation in-place mechanisms prove to be ineffective.

B. When avoidance is not feasible, the Corps in consultation with the SQF and the SHPO shall ensure that its consultant(s) develops an appropriate treatment plan designed to lessen or mitigate project-related effects to historic properties. For properties eligible under criteria specified in 36 CFR §60.4(a)-(d), mitigation other than data recovery may be considered in the treatment plan (e.g., HABS/HAER recordation, oral history, historic markers, exhibits, interpretive brochures or publications, etc.). Where appropriate, treatment plans will include provisions (content and number of copies) for a publication for the general public.

C. When data recovery is proposed, the Corps in consultation with the SHPO and the SQF or as appropriate, shall ensure that its consultant(s) develops a data recovery plan that is consistent with the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation and the ACHP’s “Recommended Approach for Consultation on

Recovery of Significant Information from Archaeological Sites” (ACHP May 18, 1999).

Components to be included in data recovery plans are found in Appendix 2.

D. Each phase or segment specific treatment plan tier off of the HPTP prepared for the project, providing specific direction for the conduct of data recovery within any project segment. Components to be included in data recovery plans are found in Appendix 2.

E. The interested public, including Indian tribes will be invited to provide input on the identification, evaluation, and proposed treatment of historic properties. Depending on the specific nature of the Undertaking, this will be done through letters of notification, public meetings, and site visits.

Stipulation IX

Tribal Involvement

A. In consultation with the appropriate Indian tribes, the Corps will identify historic properties of traditional religious and cultural importance.

B. The Corps will seek comments from all potentially interested Indian tribes in light of the guidance provided in National Register Bulletin 38 in making determinations of eligibility for any Traditional Cultural Properties as these are defined in Bulletin 38. All reviewers shall have 30 calendar days after receipt to provide comments to the Corps.

The Corps will ensure that any comments received during this time period are taken into

C:\Data\Wordfiles\Docs_01\Lake Isabella DSAP 2007-08\Programmatic Agreement\Isabella Lake Final DSMS PA.docx account and incorporated into the final survey and evaluation reports. Disputes shall be resolved by the Corps in accordance with Stipulation XVI.

Stipulation X

Public Involvement

Pursuant to Section 36 CFR §800.6(c)(2)-(3) of the ACHP’s regulations, the Corps will consider requests by interested parties to become concurring parties to this Programmatic

Agreement.

Stipulation XI

Review of Historic Property Treatment Plans

The Corps will ensure that draft HPTP’s and Supplemental Treatment Plans (STP) are submitted concurrently to the SHPO, the SQF, and appropriate Indian tribes for review and comment. Reviewers shall have 30 calendar days after receipt of the draft HPTP to comment to the Corps. The Corps will ensure that any comments received during this time period are taken into account and incorporated into the final HPTP. The Corps will make every effort to resolve disputes that may arise from conflicting comments by the consulting parties via telephone conversations. In the event that disputes are not easily remedied, the Corps will resolve them in accordance with Stipulation XV Failure to comment within this time period will not preclude the Corps from allowing the HPTP to be finalized and implemented. If the Corps revises the draft HPTP as a result of comments, the Corps shall afford the SQF, and/or the SHPO and appropriate concurring parties the opportunity to review the revised documents for 30 calendar days. If no comments are received within 30 calendar days, the Corps will finalize the HPTP for implementation. Within thirty (30) calendar days of finalizing the HPTP, the Corps shall provide all reviewers a copy of the final HPTP.

Stipulation XII

Notices To Proceed With Construction

Notices to Proceed (NTP) may be issued by the Corps for individual construction segments, defined by the Corps in its construction specifications, under any of the following conditions:

1. The Corps, and/or the SQF and the SHPO have determined that there are no unevaluated cultural resources within the APE for a particular construction segment; and

2. The Corps, and/or the SQF and the SHPO have determined that there are no historic properties within the APE for a particular construction segment; or

3. The Corps after consultation with the SQF, and the SHPO and Concurring parties has implemented an adequate treatment plan for the construction segment, and

(a) Through project redesign, unevaluated cultural resources can be avoided or;

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(b) The fieldwork phase of the treatment option has been implemented and completed; and

(c) The Corps has accepted a summary of the fieldwork performed and a reporting schedule for that work.

Stipulation XIII

Discovery of Unknown Historic Properties

If potentially National Register eligible properties are discovered during construction, ground disturbing activities will cease until the provisions of 36 CFR §800.13(a), Planning for subsequent discoveries are met. The Corps shall consult with the SHPO within 24 hours of such a discovery and develop a plan in consultation with SHPO, the ACHP and the SQF. The SHPO shall review and comment on proposed treatment in accordance with Stipulation III (A).

Stipulation XIV

Curation

The Corps shall ensure that all artifacts and associated records resulting from identification, evaluation, and treatment efforts conducted under this PA are curated in accordance with 36 CFR Part 79, except as specified in Stipulation XIV. Archeological items and materials from privately owned lands to be returned to their owners should be maintained in accordance with 36 CFR 79 until any specified analyses are complete. Prior to engaging in any subsurface work, the Corps’ consultant(s) shall identify a curation facility and in consultation with the Corps, the SQF and the facility develop a curation agreement for the acceptance and management of any artifact and records collections. The SQF shall retain ownership of all artifacts that are recovered from SQF land during the implementation of this Project by the

Corps.

Stipulation XV

Tribal Consultation and Treatment of Human Remains

The Corps shall ensure that the Indian tribes identified above will be invited to participate in the development and implementation of the terms of this PA. The specific manner in which this tribal involvement will occur will be set forth in the HPTP.

A. The Corps will ensure that human remains, funerary items, items of cultural patrimony, and sacred objects encountered during the Undertaking that are located on state or private land are treated in accordance with the requirements of California State Health and Safety

Code, Section 7050.5.

B. In the event that that human remains, funerary items, items of cultural patrimony, and sacred objects encountered during the Undertaking that are located on Corps, or SQF owned land, the protocols developed by the SQF, and approved by the Corps and the

SQF shall be implemented. To that end, the SQF shall invite interested federally recognized Indian tribes to participate in the development of agreements and protocols to

C:\Data\Wordfiles\Docs_01\Lake Isabella DSAP 2007-08\Programmatic Agreement\Isabella Lake Final DSMS PA.docx facilitate procedures to address accidental discovery contingencies. This shall be completed prior to authorization to proceed with subsurface investigations.

Stipulation XVI

Dispute Resolution

A. Should any signatory to this PA object to plans provided for review pursuant to this PA or to actions proposed or carried out pursuant to this PA, that signatory shall notify the

Corps of the objection and the basis for objection in writing within thirty (30) calendar days of receiving the plan. The Corps shall notify the other signatories to this PA of the objection within 30 calendar days of receipt and shall consult with the signatories to resolve the objection. If the Corps determines that the objection cannot be resolved, the

Corps shall forward all documentation relevant to the dispute to the ACHP in accordance with procedures specified in 36 CFR §800.7.

B. Any recommendation or comment provided by the ACHP will be understood to pertain only to the subject of the dispute. The Corps’s responsibility to carry out all actions required by this PA that are not subject of the dispute shall remain unchanged.

Stipulation XVII

Amendments, Noncompliance, and Termination

A. If any signatory believes that the terms of this PA cannot be carried out or are not being met, or that an amendment to its terms should be made, that signatory will immediately consult with the other signatories to consider and develop amendments to this PA pursuant to 36 CFR §800.6(c)(7).

B If this PA is not amended as provided for in this stipulation, the Corps, the SQF, and the

SHPO, may terminate it. The signatory proposing to terminate will provide a written explanation of the reasons for termination to all other signatories in accordance with 36

CFR §800.6(c)(8).

C. If this PA is terminated and the Corps determines that the Undertaking will proceed, the

Corps shall comply with the requirements of 36 CFR §800.3- 800.6.

Stipulation XVIII

Duration of the PA

A. If the project has not been implemented within ten (10) years of the date of execution of the PA and the PA has not been terminated, the signatories shall consult on a date not less than 90 days prior to the tenth anniversary of this PA to reconsider its terms.

Reconsideration may include continuation of the PA as originally executed, amendment, or termination. If the PA is terminated because the Undertaking no longer meets the definition of an “Undertaking” set forth in 36 CFR §800.16(y).

B. This PA will be in effect through the Corps's implementation of the Undertaking, and will terminate and have no further force or effect when the Corps, in consultation with the other signatories, determines that the terms of this PA have been fulfilled in a satisfactory manner and/or Corps involvement in the project has ended. The Corps will provide the other signatories with written notice of its determination and of termination of this P A.

Stipulation XIX Effective Date

This P A shall take effect on the date that it has been fully executed by the Corps, the SQF, and the SHPO.

EXECUTION of this P A by the Corps, the SQF, and the SHPO, its transmittal to the A CHP, and subsequent implementation of its terms evidence that the Corps has afforded the ACHP an opportunity to comment on the Undertaking and its effects on historic properties, that the Corps has taken into account the effects of the Undertaking on historic properties, and that the Corps has satisfied its responsibilities under Section I 06 of the National Historic Preservation Act and applicable implementing regulations for all aspects of the Undertaking.

CRAMENTO DISTRICT

DATE: ftltftlfl(l~ ~('L

TITLE: el, U.S. Army District Commander

ATE HISTO I.' dRESERV ATION OFFICER

DATE: 2-1 ~ -zof1.

TITLE: Milford Wayne onaldson, F AlA, State Historic Preservation Officer

ADVISORY COut\'CIL ON HISTORIC PRESERVATION

DATE: ____ _

TITLE: John Fowler, Executive Director

SEQUOIA NATIONAL FOREST

BY: DATE:---~---

TITLE:

B. This P A will be in effect through the Corps' implementation of the Undertaking, and will terminate and have no further force or effect when the Corps, in consultation with the other signatories, determines that the terms of this PA have been fulfilled in a satisfactory manner and/or Corps involvement in the project has ended. The Corps will provide the other signateries with written notice of its determination and of termination of this PA.

Stipulation XIX Effective Date

This PA shall take effect on the date that it has been fully executed by the Corps, the SQF, the SHPO, and the ACHP

EXECUTION of this PA by the ACHP, SHPO, Corps, and the SQF, and its transmittal to the ACHP, and subsequent implementation of its terms evidence that the Corps has afforded the ACHP an opportunity to comment on the Undertaking and its effects on historic properties, that the Corps has taken into account the effe<..1s of the Undertaking on historic properties, and that the Corps has satisfied its responsibilities under Section 106 of the National Historic Preservation Act and applicable implementing regulations for all aspects of the Undertaking.

U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT

BY: ______________________________ . _____ DATE: __________ __

TITLE: William J. Leady, P.E., Colonel, U.S. Army District Commander

CALIFORNIA STATE HISTORIC PRESERVATION OFFICER

BY: _________________________________ . DATE: __________ __

TITLE: Milford Wayne Donaldson, FAIA, State Historic Preservation Officer

NCILONHIS

BY: -~L!<:l<~a.-/kt--=-~-:,t--::L ,-,..l..!L~""-------- DATE: ____,7 ;,_')/~/;._~=--- TITLE: John Fowler, Executive Director

TITLE: Kevin B. Elh tt, Forest Supervisor

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CONCURRING PARTIES:

SANTA ROSA RANCHERIA TACHI YOKUT TRIBE

BY: ___ ·-------'------------· DATE: _____ _

TITLE:

TULE RIVER TRIBE OF THE TULE RIVER INDIA~'-' RESERVATIO:K

BY: -----------------------DATE: ________ _

TITLE:

BISHOP PAIUTE TRIBE

BY: ______________________________ DATE: __________ _

TITLE

Appendix I Standards and Guidelines for Research Designs

Research designs prepared for this Undertaking shall specify, at a minimum:

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Appendix 1 Standards and Guidelines for Research Designs

Research designs prepared for this Undertaking shall specify, at a minimum:

• The property, or properties, or portions of properties where data recovery is to be carried out; ·

• Any property, or properties or portions of properties that will be destroyed with data recovery;

• The research questions to be addressed through the data recovery, with an explanation of their relevance and importance;

• The methods to be WJed, with an explanation of their relevance to the research questions;

• The methods to be used in analysis, data management, and dissemination of data, including a schedule;

• The proposed disposition of recovered materials and records;

• Proposed methods by which the parties to the Progranunatic Agreement will be kept informed of the work and afforded the opportunity to participate; and

• A proposed schedule for the submission of progress reports to the California State

Historic Preservation Officer.

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Appendix 2 Historic Property Treatment Plans (HPTP) shall address:

• The historic properties or portions of historic properties where treatment will be implemented;

• Any historic properties or portions of historic properties that will be destroyed or altered without treatment;

• A research design that will contain the research questions and goals that are applicable to the project area as a whole and that will be addressed through data recovery, along with an explanation of their relevance and importance. These research questions and goals shali reflect the concepts of historic contexts as defined in National Register Bulletin 16. Historic contexts shall be prepared to provide the necessary background information to properly evaluate historical, engineering, and architectural properties;

• The field and analysis methods to be used, with an explanation of their relevance to the research questions;

• The methods to be used in data management and dissemination of data, including a schedule;

• The proposed disposition of recovered materials and records;

• Proposed methods for disseminating results of work to the interested public;

• Proposed methods by which appropriate Indian tribes and individuals, local governments, and other interested persons will be kept informed about implementation ofthe HI'TP and afforded an opportunity to comment;

• A proposed schedule for submission ofprogrcss reports to the Corps, the SQF and the SHPO, and the ACHP;

• Methods and procedures for the recovery, analysis, treatment, and disposition of human remains. associated funerary items, and objects of cultural patrimony that reflect any concems and/or conditions identified as a result of consultations between the Corps and any affected Indian Tribe (see Stipulation XIV);

• The historic properties to be affected in the specified project segment and the nature of those effects;

• The research questions identified in the HPTP that will be appropriate for the specified project segment and that will be addressed through data recovery, along with any explanation of their relevance to the overall research goals as established in the HPTP;

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• The specific field work and analytical strategies identified in the HPTP, as well as any other strategies that will be used in the specified project segment;

• A proposed schedule for submission of progress, summary, and other reports to the Corps and;

• Qualifications of consultants employed to undertake the implementation of the HPTP.

Avoidance of adverse effects on historic properties is the preferred treatment approach. The HPTP will discuss and justify the chosen approaches to the treatment of project historic properties and those treatment options considered, but rejected. If preservation of part or all of any historic properties is proposed, the treatment plan will include discussion of the following:

I. Description of the area or portions of the historic properties to be preserved in place, and an explanation· of why those areas or portions of sites were chosen;

2. Explanation of how the historic properties will be preserved in-place, including both legal and physical mechanism for such preservation;

3. A plan for monitoring and assessing the effectiveness of mechanisms to preserve the historic properties; and

4. A plan for minimizing or mitigating future adverse effects on the historic properties if preservation in-place mechanisms prove to be ineffective.

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Appendix 3 Map of the Area of Potential Effects

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-:ri·_. ~ -, _ r Lake Isabella North, CA

.. ;: Pho~~!~;~;;~ 985

• f ~ 1972 ·:t < Minor Revision 1994 ..:;

Lake Isabella Dam Safety Modification Project Area of Potential Effects

I S A lJ t.' l. L A

11 Inch • 2,000 t .. t I Photorevised 1994

Minor Revision 1986

Appendix 4 Letter from SHPO Regarding NRHP Ineligibility of Isabella Lake Dam

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STATE OF CALIFORNIA- THE RESOURCES AGENCY

OFFICE OF HISTORIC PRESERVATION

DEPARTMENT OF PARKS AND RECREATION

1725 23'd Street, Suite 100

SACRAMENTO, CA 95816-7100

(916) 445-7000 Fax: (916) 445-7053 calshpo@parks.ca.gov www.ohp.parks.ca.gov

September 27, 2010

In Reply Refer To: COE100825A

Alicia E. Kirchner Chief, Planning Division Department of the Army U.S. Army Engineer District Sacramento Corps of Engineers 1325 J Street Sacramento, California 95814-2922

ARNOLD SCHWARZENEGGER, Governor

Re: Lake Isabella - Corrective Action 1 - Restore Auxiliary Dam at Left (East) Abutment Project, Kern County, California.

Dear Ms. Kirchner:

Thank you for submitting to my office, your letter and supporting documentation regarding the undertaking noted above. The U.S. Army Engineer District, Sacramento Corps of Engineers, is seeking my comments on the effects that the subject undertaking will have on historic properties, pursuant to 36 CFR Part 800 (as amended 8-05-04) regulations implementing Section 106 of the National Historic Preservation Act (NHPA). The proposed project, the Lake Isabella- Corrective Action 1 - Restore Auxiliary Dam at Left (East) Abutment Project, has been identified by the COE as an undertaking subject to review under Section 106 of the NHPA

The project is designed to restore the height of the Lake Isabella Auxiliary Dam at its junction with the left abutment. The Lake Isabella Dam system is composed of both a Main Dam and an Auxiliary Dam, located directly east of the Main Dam. The existing ground elevation at the left abutment is approximately 2.5 feet lower than the designed top of the dam elevation. The proposed action will raise the abutment height through the construction of an earth embankment extending from the eastern tip of the Auxiliary Dam to the existing Highway 178 embankment, requiring the placement of fill material, aggregate base, stone protection, bedding, and rip-rap. The new embankment will be construction over an existing, abandoned asphalt access road.

The Area of Potential Effects (APE) consists of a total property of approximately 2.75 acres. Additionally, fill materials will be quarried from the Kelso Creek Canyon Pit Borrow Site. Identification efforts by the COE concluded that two built-environment historic properties were located within the project APE. These are the Lake Isabella Auxiliary Dam and the abandoned paved roadway at the construction site.

In addition to your letter of August 25, 2010 and attachments (maps, aerial photographs, and DPR 523 site records), you have submitted the following documents in support of your efforts to identify historic properties in the APE:

COE100825A 9/27/2010

• Cultural Resources Recordation and National Register Evaluation of Isabella Dam for the Lake Isabella Dam Safety Modification Project, Kern County, California (Melissa Montag, U.S. Army Corps of Engineers Sacramento District: August 2010).

• Memorandum for Record: Site Visit to Kelso Creek Canyon Community Pit Borrow Site, and Archeology Site CA-KER-23 Southeast of Weldon in Kern County for the Proposed Lake Isabella Auxiliary Dam Left Abutment Reconstruction Project (Richard M. Perry, U.S. Army Corps of Engineers Sacramento District: August 16, 2010).

After reviewing your letter and supporting documentation, I have the following comments:

1) I concur that the APE has been appropriately determined in accordance with 36 CFR Parts 800.4(a)( 1) and 800.16( d) and that the COE's efforts to identify and evaluate historic properties represent a reasonable and good faith effort pursuant to 36 CFR Part 800.4(b)(1).

2) I further concur that site CA-KER-7791 H {05-13-54-796H, Old Asphalt Road) is not eligible for the National Register of Historic Places {NRHP) under any criteria.

3) I further concur that CA-KER-7792H, the Isabella Dam {including Isabella Main Dam and Isabella Auxiliary Dam), is not eligible for the NRHP under any criteria.

4) I further concur that your finding of No Historic Properties Affected is appropriate pursuant to 36 CFR Part 800.4{d){1).

Be advised that under certain circumstances, such as unanticipated discovery or a change in project description, the COE may have additional future responsibilities for this undertaking under 36 CFR Part 800.Thank you for seeking my comments and for considering historic properties in planning your project. If you require further information, please contact William Soule, Associate State Archeologist at phone 916- 445-7022 or email wsoule@parks.ca.gov; and Amanda Blosser, State Historian, at phone 916-445-7048 or email ablosser@parks.ca.gov.

Sincerely, ~~~r Milford Wayne Donaldson, FAIA State Historic Preservation Officer