Section 949.1 - Plan and Emergency Notice Preparation(a) Preparing a Plan. Prior to submitting a Plan, the RPF, or the RPF's Supervised Designee:
(1) Shall conduct an archaeological records check at the appropriate Information Center. A previously-conducted archaeological records check for the property may be used to satisfy this requirement if it covers the entire area proposed for Timber Operations and if it meets the definition of "Current Archaeological Records Check" in 14 CCR § 895.1.(2) Shall provide written notification to Native Americans of the preparation of a Plan. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American Archaeological or Cultural Sites that are potentially within or adjacent to the site survey area, and the opportunity to comment on the Plan. The RPF shall allow a minimum of 10 days for response to this notice before submitting the Plan to the Director. The remainder of the 10-day waiting period is waived when all Native Americans required to be informed respond in less than 10 days. This notice shall contain the following attachments or items of information: (A) A request for information concerning the potential existence of any Native American Archaeological or Cultural Sites within the Plan boundaries.(B) Information concerning the location of the Plan including: 1. A general location map that, at a minimum, shows the travel route from the nearest community or well-known landmark to the Plan area.2. A copied segment of the titled USGS (if available) or equivalent map(s) that displays the approximate boundary of the Plan area, and includes a map legend and a scale.3. A description of the Plan location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark.(C) A statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice be directed to the RPF. The name, address, and phone number of the RPF shall be provided.(D) Information concerning the available time for response. Indicate that the RPF is requesting a response within ten days from the date of the notice so the information can be incorporated into the Plan when initially submitted to the Director. Provide the estimated date the Plan will be submitted to Director. Provide the following statement: "The earliest possible date the Director may approve the Plan is 16 calendar days after it is submitted to Director, although typically, the Plan is reviewed for at least 45 calendar days following Plan submittal before the Director approves the Plan."(E) A statement that the Native American groups may participate in the Plan review process by submitting written comments to the Director before close of public comment period.(F) A statement that locations of sites disclosed will be kept confidential.(G) A statement that a CAA will be prepared for the Plan and a copy of pertinent information contained within the CAA may, at the discretion of the Director, be obtained from the Director.(3) Shall provide a Professional Archaeologist or a Person with archaeological training (in accordance with 14 CCR § 949.4), to conduct a field survey for archaeological and historical sites within the site survey area. Previous archaeological surveys within the site survey area may also be used to partially or entirely satisfy this requirement.(4) Shall ensure that research is conducted prior to the field survey, including review of appropriate literature and contacting knowledgeable individual, concerning potential archaeological or historical sites occurring on the property.(b) Provide Notification to Native Americans if a Native American Archaeological or Cultural Site is located within the Plan. On a Plan that contains a Native American Archaeological or Cultural Site as defined in 14 CCR § 895.1 the RPF or the RPF's Supervised Designee shall: (1) provide a written notice to Native Americans informing them of the presence of Native American cultural resources within the site survey area. This notification shall include: (A) The RPF's name, address, and telephone number.(B) The name, number, or other designator of the Plan.(C) A list of all known Native American Archaeological or Cultural Sites located within the site survey area, including a name, number or other designator and brief description of each site.(D) A brief discussion of how each site shall be protected or avoided.(E) The address and phone number of the appropriate CAL FIRE Review Team Office to contact as listed under 14 CCR § 1032, as well as a statement that written comments may be submitted to the Director for consideration prior to the close of public comment.(F) The estimated earliest date the Director may approve the Plan.(2) submit a copy of all letters sent pursuant to 14 CCR § 949.1(b)(1) to the Director. The Director shall allow a minimum of 15 days from the date of the notification letter for receipt of responses to notices sent pursuant to 14 CCR § 949.1(b)(1) prior to the close of public comment.(c) Submitting a CAA for a Plan. The RPF shall include the following information in a CAA with the proposed Plan:
(1) Administrative Information which is not confidential and may be released to the public. This includes: (A) The name, affiliation, address, and phone number of the archaeological surveyor.(B) The name, affiliation, address, and phone number of the RPF, if different than the archaeological surveyor.(C) The Plan name ascribed by the RPF, Plan number (if known), type, and approximate acreage.(D) The county, legal description, and name of USGS 7.5' Quad(s) within which the Project is located.(E) The date the CAA was completed.(F) The name of the author of the CAA.(G) The signature of the RPF or archaeological surveyor.(2) Archaeological Records Check Information. A copy of the records check and written reply (including mapped information) from the Information Center shall be attached, or a justification as to why that is not possible shall be included. (A) If the records check request and written reply from the Information Center are attached, no additional information is required.(B) If the records check request and written reply from the Information Center are not attached, the following information shall be included:(1) Justification why records check request and written reply could not be attached.(2) The date the records check was conducted at the Information Center.(3) The Information Center File Number.(4) Summary of records check results discussing whether or not archaeological or historical sites are known or suspected to exist within the site survey area and whether or not the site survey area has a previous archaeological investigation on record.(3) Results of notification to Native Americans pursuant to 14 CCR § 949.1(a)(2)(B). This shall include: (A) An example of a notification letter and Project maps submitted to Native American contacts.(B) Copies of any written responses received from Native American contacts.(C) A list of the individuals or groups that were provided written notification and the date of the Native American Contact List being used.(D) Date the notification was sent.(E) Results of the information request, specifically addressing the results of information received from the NAHC, if those results have been received.(4) Results of notification to Native Americans of the existence of a Native American Archaeological or Cultural Site on the Plan, if required, pursuant to 14 CCR § 949.1(b).(5) A list of the research done prior to field survey. This list shall include literature reviewed and Persons contacted in addition to the required archaeological records check with Information Center and Native Americans, and a summary of the results of this research.(6) Information on the current or previous archaeological surveyor(s), which is not confidential. This shall include: (A) the name of the current archaeological surveyors and an indication of whether or not the Person either meets the specifications of a Professional Archaeologist as defined in 14 CCR § 895.1 or meets the requirements specified in 14 CCR § 949.4.(B) the name of any previous archaeological surveyors, if known.(7) Description of archaeological survey methods and procedures including survey strategy, time spent conducting archaeological field survey, the date or dates the survey was conducted, survey coverage intensity, and ground visibility or other limitations.(8) A list and description of all archaeological or historical sites identified within the site survey area including information on the site(s) size, type, and condition. The designations used in this listing of sites found shall be consistently used throughout the CAA.(9) An Archaeological Coverage Map or maps prepared in accordance with the specifications identified in the definition of an Archaeological Coverage Map in 14 CCR § 895.1.(10) A preliminary determination of significance of identified archaeological and historical sites, if Damaging Effects from Timber Operations cannot be avoided. This determination shall be based upon the criteria for a Significant Archaeological or Historical Site listed in 14 CCR § 895.1.(11) Description of any specific enforceable protection measures to be implemented both within the site boundaries and within 100 feet of the site boundaries.(12) Information concerning the proposed on-site meeting between the RPF or Supervised Designee familiar with on-site conditions and the LTO to discuss protection of archaeological and historical resources, if required, pursuant to 14 CCR § 949.2(b).(13) Information concerning site recording requirements pursuant to 14 CCR § 949.1(d) and (g).(14) Other applicable information, if any, concerning the archaeological survey for this Project.(15) List of attachments to the CAA.(d) Site Records. Upon submission of a Plan, the RPF or the RPF's Supervised Designee shall submit completed site records for each site proposed to be a Significant Archaeological or Historical Site in a manner consistent with the recording standards identified in the State Office of Historical Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference.
(e) Emergency Notice of 3 Acres Or More. (1) Prior to submitting an Emergency Notice of three acres or more, the RPF: (A) Shall ensure that an archaeological field survey is, or has been previously conducted by a Professional Archaeologist or Person with archaeological training (pursuant to 14 CCR § 949.4) within the site survey area.(B) Shall provide written notification to Native Americans of the preparation of an Emergency Notice. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American Archaeological or Cultural Sites that are potentially within or adjacent to the site survey area, and the opportunity to comment on the Emergency Notice. The RPF shall allow a minimum of seven (7) days for response to this notice before submitting Emergency Notice(s) to the Director. The remainder of the seven (7) day waiting period is waived when all Native Americans required to be informed respond in less than seven (7) days. This notice shall contain the following attachments or items of information: 1. A request for information concerning the potential existence of any Native American Archaeological or Cultural Sites within the Emergency Notice area identified by the RPF.2. Information concerning the location of the Emergency Notice including: a. A general location map that, at a minimum, shows the travel route from the nearest community or well-known landmark to the Emergency Notice area.b. A copied segment of the titled USGS (if available) or equivalent map(s) that displays the approximate boundary of the Emergency Notice area, and includes a map legend and a scale.c. A description of the Emergency Notice location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark.3. A statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice be directed to the RPF. The name, address, and phone number of the RPF shall be provided.4. Information concerning the available time for response. Indicate that the RPF is requesting a response within seven (7) days from the date of the notice.(2) Prior to submitting an Emergency Notice of three acres or more, the RPF or the RPF's Supervised Designee: (A) Shall complete a Current Archaeological Records Check. This check may be conducted by telephone. If the Information Center is unable to provide the information within three business days following receipt of an RPF's request for an Emergency Notice records check, the records check requirement is waived.(B) Shall submit a CAL as defined in 14 CCR § 895.1.(f) Emergency Notice of Less Than 3 Acres. (1) Prior to submitting an Emergency Notice of less than three acres, the RPF or the RPF's Supervised Designee shall: (A) Conduct an archaeological survey for said area to determine whether it contains any significant archaeological sites using the criteria for a Significant Archaeological or Historical Site defined in 14 CCR § 895.1.(B) Send a copy of the Notice to Native Americans.(2) An archaeological records check, CAA, or CAL, is not required.(3) No Timber Operations shall occur within the boundaries of any Significant Archaeological or Historical Sites as determined by the RPF or the RPF's Supervised Designee.(g) Submitting Archaeological and Historical Information to Information Centers. Within 30 days following the Director's approval of a Plan or acceptance of an Emergency Notice of three acres or larger, the Director shall send to the appropriate Information Center of the California Historical Resource Information System the following information provided by the RPF:
(1) a complete CAA which includes all changes and additions required in the Plan review process and which identifies the Plan number, or, for Emergency Notices of three acres or larger, a CAL.(2) two copies each of any completed archaeological or historical site records for: (A) archaeological sites determined to be significant, or(B) sites that a Person elects to record, but for which no determination of significance has been made. The records shall be completed by a Person who satisfies the requirements specified in 14 CCR § 949.4 in a manner consistent with the recording standards identified in the State Office of Historic Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference.
(3) The RPF or Supervised Designee shall ensure that the site records are completed in the manner specified in subsection (2).Cal. Code Regs. Tit. 14, § 949.1
1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading and repealer and new section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and section filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
5. Change without regulatory effect amending subsection (b)(1)(E) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
6. New subsections (e)(1)(B)-(e)(1)(B)4. and repealer of subsection (e)(2)(C) filed 11-13-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 46).
7. Amendment of section heading and subsection (e)(2)(B) filed 11-23-2015; operative 1-1-2016 pursuant to Public Resources Code section 4554.5 (Register 2015, No. 48).
8. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51). Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.
1. New section filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
2. Amendment of section heading and repealer and new section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
3. Amendment of section heading and section filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
4. Amendment filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
5. Change without regulatory effect amending subsection (b)(1)(E) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
6. New subsections (e)(1)(B)-(e)(1)(B)4. and repealer of subsection (e)(2)(C) filed 11-13-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 46).
7. Amendment of section heading and subsection (e)(2)(B) filed 11-23-2015; operative 1/1/2016 pursuant to Public Resources Code section 4554.5 (Register 2015, No. 48).
8. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).