§ 949.3. Post Review Site Discovery.

If a person discovers a potentially significant archaeological or historical site after a plan, Emergency Notice, or Exemption is accepted by the Director, the following procedures apply:

(a) The person who made the discovery shall immediately notify the Director, LTO, RPF, or timberland owner of record.

(b) The person first notified in (a) shall immediately notify the remaining parties in (a).

(c) No timber operations shall occur within 100 feet of the identified boundaries of the new site until the plan submitter proposes, and the Director agrees to, protection measures pursuant to 14 CCR § 949.2.

(d) A minor deviation shall be filed to the plan. The minimum information provided shall include:

(1) A statement that the information is confidential.

(2) The mapped location of the site.

(3) A description of the site.

(4) Protection measures, and

(5) Site records, if site records are required pursuant to 14 CCR §§ 949.1(g)(2)(b) and 949.5.

(e) Upon receipt, the Director shall immediately provide the proposed minor deviation or portions of the minor deviation, to Native Americans when Native American archaeological or cultural sites are involved.

HISTORY

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 first paragraph and subsection (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).

4. Amendment of section and Note filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).

Note

Note: Authority cited: Sections 4551, 4551.5, 4583.2 and 4591.1, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.