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NOTICE OF DLTt=MINAVION
TCI bSecretary fog' Resources
1416 -Ninth Stvtet, Room 1 �I 3
Sacratento, CA 95$14
r� County Clea:, County of Butte
L 1 25 County Conter Drive
Oroville, CA 9SO65
FROM Plann ing Department
7 County Centor Drive
Oruvill�e, CA 95965
5t1D:lECT piling of Notice of Deterymira.t on i't C
of the Public R
,Section 21108 or '21152. _ ..�_�82
Prt►J,ec't Title
APPENDIX H
Wra
MAR
MANOP m.
8y r ;�
(piled)
Liance with
A rebs . Cad+e
17-0.
�ontatiye, parte ._..hxap. _ AP z$�7'7-85.. I+aWc,ca. v ��w
state Clearitghbuse Number (If submitted to ,tate Clear
on
Coatacit Person /' � Te�.epnone Numn�er
J'ah.n ,Mendo"aia, Public Works 916 S34-42615
Project Location Adjacent . to Stoney Oaks :Blvd. atprbx. 4 dile
aouth .of _Sr-edes Plat �Fp d,, 15 miles: -south a—st Qf Orovi 'la.
Project Dotcription
Dividing 40 acres to create four parcels of 5 to '23 acres
in .size.
This is to advise that the Butte County Board of Supervisors-
Lea Agency
has made the followiiig de termi.natiana regarding the above; -described
project;
1. The project will have o significant effect on
the environment,
will not
2. • An Environmental. Impact Report was preps. ,:ed for this
0 project pursuant to the provisions of CEQA, and was
cortUied as required by Section 15085(g), 14 California
Administrative Cod*.
CgrA Negative Aeclaation was prepared for this project
pursuant to the provisions of CEQA. A copy of the
Negative Declaration may be examined at the planning
Department, 7 County Center Drive, Oroville CA 95965,
3. A Notice of Exemption was filed indicating this project
is exempt from environmental review.
4 A statement of Overriding Consideration [] was, W was not,
adopted for this project..
5. Mitigation measures adopted by the Lead Agency to reduce
the impacts of the approved project are.
Saye attached
S g tura:
Konhen A. Streeter
to
r -17 AP 28.17,.85 \l�
Oti�ltatytl�."'f
1�
any gvchitole�g3ctll sites are l`di9cbvkred on the °prcr art ti
e pr pr3� to rot,.bcticn mreesures,�hn11. b, eppmarred by tho,
his mf n be irtmbint and she bc.J. jty far C l i t►rf;►iu Archeeo o,
before d,-4�rO!"Pmeht Otcutt.
APPENbix G
NBCATIVE. DECLARATION .48GARDIMG EWIRPNMENTAL IMPACT
NOTICE 19 HEREV MEN that the project described below has been
reviewed porsuaht�lto the provisions of the Califbtnia°Environmental
Quality Act of 1910 (Public Resources Code 211000 et;iseqa) and a
determination =hag been made that it' will not have a gnificant
effect upon the einvirontotnt.
Log N '82-08-17-02
DES"'aRIPTION , OF PROJECT: AP 28- 1 17-9$
Tentative Parcel Map dividing 40 acres to create four
parcels of 9 to zs acres in size. Q
LOCATION 012 PROJECT:
Adjacent to Stoney Oakt Blvd. approx. 4 mile South
of Swedes Flat Road) 15 miles southeast of Orbville,
NAME AND ADDRESS UP PROJECT' APPLICANT.,
Lowell V. Smith John Bottfovd
724 Rebecca Court; -4.6
2194 De Mille Rodd
Chico, CA 95026 PatadiSbt CA 05969
MITIGATION MEASURES:
See attached
A copy of the initial study regarding the environio.Aal effect
of this project is on file at 7 County Center Drive, Oroville.
This study watt
Adopted at presented.
Adopted. with changes.
Specific modifications and
0 Supporting reasons are attached.
7., A public hearing on this NegatiVe Declaration was held by the
I., decision makiiig body,
Hearing Body Butte County Board of Supervisors
Date of Determination March 15, 1983
Determination;
On the -'basis of the initial study of environmental impact, the
information presb ted at hearings, comments received on the
proposal and our bran knowledge and independent research:
We find the proposed project COULD NOT have a significant
effect -on the environment, and a NEGATIVE DECLARATION is
hereby adopted.
We find that the project COULD have a significant effect
on the environment but wil1 not in this case because of
Dattached, mitigation measures de6,eribed in item 5 above
41tich are by this reference made conditions of project
approval4 A conditional NEGATIVE DECLARATION is hereby
adopted.
rt-gn4ttUre -
Jand\ Dolan, Chair
Boarq. of Supervisors
Title
Mate
7-77- '. -;J-
API
Ap 28�1�$5
Mit ,llatAion ftsure'
1 v if any archaeological sited are discovered on t6 property �
appropriate potecfioi�measues shall be approved by the n
Planning Department and the Society for California Ar6 aso+jog-
before development occurs
0
Yat
su�i�rar
QN"CEt
f
4
Gaut County ,advisory Agency
11)1#1 ning. Director,
ate , vt on Tentative Parcel Mal) of Lowell Smith on A1E7
1
peZ�rt�ary'�� lgs3 ,
Th t s is a tentative Marcel map to create fo;ar parcels of S
acres in .size from a 40 -acre; pa:rcol located on the east
side of Stoney Oaks Boulevard, approytimatp"l,/a mile south
'of Swedes 'Flat Road, l5 mires southeast 0"oville The
rt$ent zoning is,,M-R Mountain Or Recreation Subdivision-
esidential The Land Use Plan Nap of the Hutto County
'Central Plan designates this area as Agri-cuitural-Resid ntial
The Safety Element of the General Plan indicates this proojiect
within a high fire hazard area. where are' no specl,fic o7r
comwii,ty plans for the area.
A Mitigated Negative Declaration regarding envirpnmental
impact eras originally recommended based on potential signi-
ficout adverse impacts on wildlife. However, the applicant
was ubt agree able to modifying his proposal, (such as rcreating.
_ larger parcel :sizes and clustering homesites) to'reduce these
impacts. As a result,, an environmental impact report was
subsequently recosmmendled by staff as required by state law
when po"tontial significant environmental impacts would resu t
from approval of proposed developments, and which :have not
been reduced by suitable project alterations or alternatives.
The Advisory. Agency denied an appeal by the; applican=t sregardinf
this 'BIR requiro ment on November 29, 1952. On January .25,
10103! the Hoard of Supervisors n�held the Appeal. however«
si jni. icant wildlife impacts remain unmitigated for this
project.
'The project conflicts with several polities of the Butte County
General flan,, as determined by staff on August 2S, 1982,
S,rpci.fically, the project .as submitted (3parcels at 5 acres;
and one parcel of :25 acres in size) does not Meet the following
A ricultu.ra.l-Residential conditional criteria necessary for
dKisions smaller than: 20 acre parcel sizes
3.) Adequate fide facilities.
4.) Road capacity and maintenance.
54) access to commercial and school services.
Remoteness of the site locationo substandard roads, and
inode:quitte,circulation patterns combine to restrict development
Capability is this area. The project would establish a
pre cadent for parcel sizes down to ,5 acres in .an area where
j„
a
-Awt'te County Advisory ,"Agenty
brutr' y 7,, 108s
PA I'
f�
parcelare currently 3.10+ ♦acmes» The Area 4s
pa
rbane:s
aceuot a rvie saath+ec+eai!ztstin+gt%x�
v. the �'numbwr of •parce tscur entlysery ed bymidequtte
Syst-0*4 is 14inti.fied as vintot range or *1 rattan*
T.
Okmv h4i<"ds baasaod oa clurrent maps *° ilderaition ar�d datA. N6
,
the talifomia- Depart"east of pis& and. Saw0;, And whez* past �
offioial actions indicate thAt at .lea"t 1,10 arra Pot
are, tpprop riate.
" Currently, +Sb parcels havo been created off the SiAg , ,
AMess -,a�Aadtd, Stoney Oaks Boulevard �'" pa�r0ls. `"hwve, c�
buildings +gar- lbuilding petmi tt on -.situ crelat�i�� p
cY�rcttlatior� �i'.>�ai�lems• on this c+��.-de-s�tc '� �ara.�rai -�a „ '
}.
The County Su'bdivisa,on Ordinance requires a
parcels by any cul -de, -se: roads Ad d, "' a7►irl
,Aityed
sins O t1lis acteus ", *d. �,ould further aggravat* this -
em r�lich him yet to be txpeyrieneed on-th**truuaA 'state
most existi'n•g .paxCc+eis, have not yet been d�eveleped) 4. if *11existing
20 ,nd 40 acre parcels served Ly th .s access aroanl
we're to be � tvided dowa� to the 1,0, -acre Z6ns�. �pver �,1
it
tot*1 parcels would result.. Division to the ,��acre a%nsa!Cy
throughout the area, if similar projects such .as this proposAl
AVO earontualiy approved, would result it, OVer -00 parce,l�s
served by Stoney Oaks 'Boulevard. This docs not consider the
j
regional ,cumulative impacts throughout the 'Swedes Flat':axea
w
and on Swedes 'Flat toad shoWA 'these patteras heco" fna4y
„
-established*
EThepro�,ject
would. be a.nconsi.steat with General plan policies
to»
a) relate resideni%La1 'clensxtaes to intensity and
and:r�yoanp.atibility of adjacent uses (Land Use�,1:°1eftn�t
13. 34) s
Balance resicleutial densities with traf.-i;~-.carr)*'p
capacitio, of existing ;and proposed .circulation ,
' plans (!-UE- p.. 34
I) ,Guide ,development to areas with adequate fire
protection sex^vsces (LUB 1,r 43).
d incour,a,ge .development in, and armmd existing comuunun-
i,ti., s-Ititli pu'blit seruites l(LUB p., 30).
�
e•. Regulate.=development in �.denti,fi,e.d Minter deex, ranges I
�
�± LC ��tr'�te }l Sj.rvi�Pai of rlee�r her -ds ,(L :. 1II
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' # 40-1ial is mcoa riAed
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ver
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BUTTS WUNTY ADVISORY AGENCY MZWTES rage "23
'16, khrld, e AP31-01-:140, 3 pavaels on Hummer 'Rma$"aPpi1'O)C.
at. plus orthVest of Doe 14111 Road, Forest Ranch aria.
'Surveyot'.. John Hamby
Mr. Wnd-onisk Made A .motion to graht an 18 months extensibia of titw to fil'o
the f4ml mp Tor Stem TAughridg,-t on"A? 51-01-1,40. The new 4ateot,'
txplration t+ be VArah,,P_8, 1965. T13At inclUdts the 16 months 7add*d
:VorUd grtnted by the tbange it the MA'P A -at. Motion stconded, by Vx.'A*jd
and tArti,64 UnanilbbU33,V.
R. APMOVAL OP IMiUV.S of FEBRUARY 14, 1983
9r. .15tratter said thlkt Jere Bolater"t name and Mike -Byrd",s mweveet
'bOttapellold in :several places:.
4
Stlieeter said that .6A'�page 8 On the Shirley .Smithey iterl� AP,2&1'74�83
'5th paragraph, the first sentence should reap o "Steve 8(tretter
a ad that xoint of those 14: -acre parcels are near the ftitb and Smitbey
pacels and were created in the -mid 701s."t l;
Mr. Streeter ;Said that on page 9 on the same item, In the first,"graph,
e this -I -line,, the word "'with" shou34 be—After 'the Vord,
Mr. ,Stretter tald that -on page 11, on the Lowell Smith Item', -AP ��8-17-85)
in 14ha 5th paragraph, he had not meant any -Eff1Fg7p-eV8bye Item',
"
"We didn't Want you to proceed further." He had meant that -vhen,#e_
Conformance Report finds that project doesn't conform to the Gendra'i"
Plan,q the Planning Dept,. discourages applicants Pram ,proceeding further, or
at least wants to wain them that there are conflicts that they should be
a0are of.
11r. Streeter said that on page 13, on 'the Robert Schoenateih item,
,AP 7123346, in the fit -at line of the 4th paragraph, the word, '"mood"
should actUa.14 be,
Mr.. Streeter made a motion to approve the :.minutes of Feb. 14,1983 as
cUrified and revised. Motion seconded by Mr. Reid and carried unanimously.'
nwwmm - ==ftW=== xM
NEETMG AWTOURNEED BY CHAIRMAN I)ONDONSA
Minutes recorded by Diana Shuey
Feb, 28, 1983
U"111. V., Sidth., AP 28-4.745,p four pkrcelm tpp
toximtoly 1200
south ;of Swedes Flat 'Road :and Stoney oaks Blvd. iiaterseetion on Vf.st
side of Stoney ;Oaks Blvd*-, north of Bangbr. Eagineer.- ZT6ah 'Botsford
MkRMG 'OPEN TO IDIC
John Botaford, -eftSiheet. I ;do believe that we'were In conforvWtioe,,*jth the
,Gtnobtl PjAh Vh6n we :started this prbject. 'Re cont*ot6d 1he inDec enber 1980'
and Asked i� I would look Into it for him. I vent to the NAntilncuftdxaltn
amA ftuti&'out that th(ire were to,,, obstacles, So in,%ALnuary Va =de the Vpe1IzI=vy riall
zw , n zatuaryvit i vent. a m,tb the
survey and prepared the tentatilo wap. 1 01
Planning Dept. to get all the 'f6rms they told me I would have to..) Ulm& t a biW
of the tentative map,and get their ,approval ,or -copy �of the Oenerail, 'PJAu,
ton,O-m verification county form 1Z 1000 1 did take the clompleto
;Tj4r--4;t,J;. Feb;;ar; and I "got Mr. Mro;i=a "a signature on -it to be turnlbd\An
Midl, map. It was mailed bade to me on retr-uary:24,, 1981.
with-thi,, Due t
de -b
various layjj I fo=d that at the time that they also requiiedlatio",
perm U
�;Iests vhIch Mr. Smith didn't think we needed because :of all the -other subdiliblobA
n'
in the area. The tentative mp was submitted in Julys 1982 to the !and,
Depattmeht. They accepted the checks and t4latative map and they remarked.; that
it no longer conformed to the general plan but they would UL's it and it m4ht,
be worked out.
Lowell Smith, '724 Rebecca, -Chico. First of a.11 3: would like to refute what
FIAh and Game 'load to say. I have an original copy of their I-etter,-AdgArding
the Mooretawn deer herd, haw the Fish end Game,arxived at the 40 -acre mei m
parcelsize.. He spoke about the letter contents.
3: would like to know -who =,de these studies and furnish me vhen 'they did. I
don't believe they can. I think they take this fromtriteria they have .wet for
other areasand bring it over here to us.
Mr. Streeter stated that that.may be partly true. I think there is some basis
to do that. Deer in this county aren't that much different than deer In P1=9
,County or Sierra.
MrL.,-'ZMitb said, sure there iu, patticular.14v in .61ir area..
Mr. MendorAa stated athat he did not thin, hat ve could sift out what is vhat�
MAybe a representative from Fish and Game is going to have to appear before the
Board and explain the changes. We depend on the experts. I think that what
'BU` rz COMITY ADMoRy-APENCy ttNLtT,�,.o, Page 10
Febratiry 14, 1983
ithty are attempting to d6 is expand on the infor=tion th,you got but some
Of Vt might 'btu '-'ftVPeretTI than 'what X go°t,, ,.t
Mt. St4lth 'C'Ated that ull:lhe wz�uld ash
furnish us the statistics.
T VU1 thth go aloiAg VvIth them, But I beliqAre they can" t, they,don"t uve thleu3
Mr. Sm!Lth asked when vas the general plan Jnit liatea.
Mr. Streeter stated that tho- latest ;change occurred inctdbexo:L97,9. rrtai ter, 't'h"at
the 'OrigifAl General ?Un var, in the yearly 70"Is,.
Yx. Smith stated tIZt'Vh-On My �engineer zlade the.statement that he 'had *Atf the
pproval, that it net evttIYtbI-bs then now you say 1Z A letter indicating tut 'Viadt,
we made the applIcatiom, in the l8 months sftlte the ,general plan report !tor y,,OLIr
ad .substantial "formation pertailtdte'to the
Swedes Flat area. When did you do that?
W. Streeter stated in the intervening 118 months.
Mr., ,Smith asked Vho did it. He talked to Dick 1101car, hehaft"t menyou hadt" t been up there, lats,. IlCircher Lhadn" t been up there end 3: ',bad to "wait
6 weeks on your department to get an :answer. He said If I brought Jnfoj=tIon
to substantiate the fact that thi-, Mooretcon Deer herd was erroneous and the
WOrMati011 was not4ocumented, then the General Plan is obsolete because , this
icbsolet6 and it not irrelevant to this particular project. Tf you tre wrong Vith
one particular item then the rest bas to be vrong.
'He I thehtead a letter from the Piannitg Departtwit regarding ;soil er6gioh
,Mr, Streeter stated tl.,At the information was developed for that general area
and not everything specifically applies.
Xr. Siaith:atkW why vas he sent the letter..
tb% "Streeter stated thatdtaff had to come UP with specific detailed comments
like this at each ti=O- it Votilan I t make much sense. We make use of 'what .,W.t bavd
in the 'office rather than re to it each timep realizing that the soilerosiOd on,
the vestorn part of your Pre-pdrty doesn't apply,
There Vas tore discussion rega:,diftg the letter sent to Mr shdth.
Mr. Streeter stated that the parcel site is something that the Board it going to
have toAddress.lVe have been concerned in the past about water availability,,
Since that time the Health Dept. 'has added into their framework in questi6hable
�aVeld to prove that water is available or generally available In the vicinity,,
jWildlife is an issue that isn't covered by a local department.. ',V�e ,have the
and Game Ccmm-istion soe rely on their jtput;. IIsh
v
Wo Smith stated that he had 1098 showing that the Wells hove been dug,. There is
Vater aVA'4 lable.
Mr. Streeter stated that he WAA not questioning that.
U Page 11
BQTTE tOUNTY MtSOAY AGMCY XTN Tr -,S
February 111, 1983
14r. Smith asked what is meant by conaistent zoning and minimum ptrcelsi�jt.
f ,
ttrteter stated that he did not know the:xdtimum parcel size 'becAllse of
AgriaAle4dettial designation. Anything less 'than 20 -has stiffer criteria
vthe ebriditio'rAl Zoning and development criteria. We don"t know the =JhIm=
*, density because of" the range, the 1 to 401
Mr. Zmith spoke, lab6tt being notifted -about changes in the 'General Play
Streeter said the .only definite, irequitemtnt, was to put a liegil,mbt%aaieJMtb-O
'Since Public ",Works tools over the funttioh they have been nbtifying
paper. $pal
:Owxtert as Vell, 'at' the legal :notifies. Only., 'those'thosewithin .several. hundi*d foot ou A
u, notified.
Xr. -Streeter stated that be 'bad received his Applide-tion August
,,you turned it into INablic 'Works Zaly of 1982. ''Within two weeks -after,"etivigg It
we sent you the 'revised input to give you the,qption of rGiiesignita8 your aro snt
dtopping It or v -bat !have you. `(Ve didn't (J�,, ;u to proceed further b 'That is the
purpose of these, Sometimes the Coaformatic—e report will (dhane.. We txr to Itort"m
the outset, v.bAt the general plan is rsay, ng ,a't t hot lotiatibn.
Pir. Smith stated that ',,he ',had his letter of appeal ready for the Appeal Boavd.
I ujaderstood that there would be no,changes' here.
Mendonsa asked if he was xeferring to the Board of ,Supervjsors,.
Smithtaid "yes
Mt. smith stated that he would ask as a general info°=-tion,,question, -, "aov is It
�we are alaowed to hire an engineer, pay for pert tests all this work :and,come 400n
to the end sand run into a problem of this sort,) why vastlt this put on In the very
b,egiftning?"t
Xr. Streeter said it was in the general plan conforbaAce report.
V . 8W.th said it was all approved.
Mr. Streeter said that 18 months transpired :and we :sent ,you .another one which said
there were problems with the project as designed.
There was some discussL-on regarding this matter..
Nina Newton, Obert Drive. I to Interested. I am,a neighbor and I ftet know :any-
thing about the Mooretown Deer Herd,. AU I know is that I love to sl+, oiat on .a mo6n-
light night and watch the deer. They 'ire beautiful, but we need the peoplearound
here to protect them. We get poachers in, we call Fish and Gtame and thv,cannot
be Interested. We do ted a few more people. Poachers don't come to my place
because I 'have :a gate up. The deer do but the poachers dom"t. They 4on4t 'pay,any
attention to no hunting .signs. When ane scall. Fish & came and say there is aVoWded
deer put bere they cannot 'be 'bothered. Theywon't let us shoot it but they worot
,Come stout and do it. It really is a problem, not that we want a lot of people out
there but to 'have a few ,more people won't hurt.
Mrs.. Newton said that the papple out there tell her that llurleton,svedet Flat Road
Was originally county road and was closed up for lack of use. If the road was
put in the way it okigirldlly was then Ve Vouldn"t have that circulation. Problem.
4"TI ADVINPOF CE
"k vu
'A 'Icy M Tts
Ubruar,y page 12
Thlo-re vas some zu">re dtscusa;�pn or s;wedas 'Fitt �.Roaa. She mentioned that the
'Will not idelIVO-t to -them oT the road eind then they (come itto town U fte
only brut they Iktow vlhat� %k tg�
Dit,,ftt Soboensteln:, this is gollij; to pertain to ,My parcel rg..n rjich com,-t"V' t1tut.
,Dnp thint is the more P*PPle Tola set otit thtro and the. =Oet parotli "You the
amore, X750 assessment you will ew'116tt And the �zGte -tae Taonty Will get babb Mat
'99s,est'len't to that the road can be f 1xid eventually. if ;you Ate u0bert *Ab -one to
Zltke any ;parcel. romps tboti how can yoj�. iget thp_ zcney to rix-tIt. 'T z�ipbd t -Out beet
to Vt aw4Y From things and 40'acres ;is a -little t-60 Urge tbr, lot but"o4j, 10 mceAe
ZArdellt that',t put in my map are jhbott the right isize. Vied, SAYS that a dotr is
8614' t0ttOss 4,10 -acre pardel -o little less than bt its "SA06 to icrot'll a 2040t*
Vtert vas some 41scussioti ion the patcA zizeiandL-he tdeer In tilt trj*.
-TM (CLOSED 'TO THE TUMIC AM T.o M AI)VISORYAG99CY
Streeter Atatmd that ke 'thought that until this is resolved
BePattmorit is InA difffletitt position in terms of
that What we ;hear from Fish and tGame. In the pire bay.'e 1�i :past If 40 Aurm
t
'*i 11 do it then on .sped fl projecs where 4*" here Is
701A (COUld ,go 'down to J.20 or even .10 'Elcre parcels.. Just 46l itre
,that is &IUic)alt to a-cco lf Mplish.
Thera Vat Me 4is`ussiOn on iClUstex-IrIS and migratory deer.
Me" Streeter -=de 'a 'jtOtUn tO,derY the tentati-Ve map for Lb�611 V. Smith, M? 28-
1745:to create Cotr Plrcelg finding that the tenitative zap aces not Cohfoft
to the Butte ,'County 'General plan for thd reasons �oUtlined 'in the Plarftnlbg Directbr"A
,Report :ot,�`Gbinlat* '7, 19,83 end noting that A letter va's recelved from the Dept,
ViSh,& 4ame ion Februlisy .11, l983 with iturther informAtiad about this tedtative
- 3 we, $ - hj ;and Sch6eftttein=,ps tikl��Ijmg ibo t "a
7�� , I At the Shirley 1 wit V U" .he � ffcts
,0:0 this !WoJect on the Mooretown'Doot Reed vLnter range.
'Mr. 11ela seconded the motion and it was unazimo=4,carrip-d.
fir,. Mendon" stated 'at this time to Mr. ;Smith as be had told the previous Pers' of
if -70UAppeal to the Board, if there are any specific conditions abet .were patted
On there that ,you vant to ,appeal, delineate those alsu So that they have thtrtoper
apbtal before them, zna 46tv"t ,hiss J90methimg And haive to tome baci and �do it ' all,
rover itgain,,
------------- --j .....
10. Aobett Schbibinstiff A? 72-35 460 f=Parcels One-fial-f tilt north ,of
:ur.1 ton Swedes Flat Road :and 1hirple RQdks Lane intersecti6no frontage .ton side of V.=ple Rocks pane, !Swedes Flat area. Engineer! Bob I Huskey
HFAIRITRO 0,TER To PUBLIC
;Diane tchoostein, Star Rt. '94M. '.terry creek, Vbat .vere the Objectlons zgaittt
Py parcel? I have received a letter saying the; dere ,going to requestt Adennial tore
(u
R
tiftwift *AM, A$p
r
i
AMU or MV119mm m ZA
"�. mittay�i AP 8.11 B5.s h, atetIs g z x. 32W rt, south at`
l SW*dcs FlAt M. laid Sb sney 'C*ks Blvd. i nteftfttion, on wont s a of
5tonty Oaks lalval. ti , ot-th br BsOglor. ftlt'aetf. John totitt1
(OtmunutA rra ' 'opt. 22, 1982)
(\ MOM OST it u
Jia Botmrb, er giht&t,. had ino _pr-bblem: vith' ftb) is Vorki ewditivAt.
Mr. Mevndhntot said the &t pcia* of the baixriog today Vat to be&'* the iep tl
k .for >Ma fact repc5ft, bOed 'upon the +ate iitt from 3ae�e '� t�el.+��r, ,�r h aid y
w -aid the befit. ,or Plih aniIGame.. A flat meeting, �b�re wert aXAO t*O a
or Yal Advistey ,Agency ectioi,� on projeotig 'in `r Uch the clrot is `'it's Were lftky, sw$rly "
NOV.
I
4
Mullis, i .. ..n..n ..r w- e�
Wft COUXV MvTltolty Aolwek Rwtra page
Mr. '*WA*neta *fitd that the Boord o -tet *Gtually give.
A pAtIty S *
tiltAtht. They Sorely ac's ion thea Is andi t0hlbld th6a.;( ti
'IbA't Uj, thkY:,said that Writlng tnvjtot*AritA1 Jqjattr#_bb*tjk wow wt be
neftlauty. -hoy Ata"noto h60ovet -'M,ke a,policy ststewaal wed. tumit tut
thii AdAimpy Agawy should AX*roOiW the cote *At's from the Dept. Wr WA-
aiA,aoft. In other words, the Itituation has dot thab&,O rrm the
hwirlba or this 1*03"t, a appaiibr tie requirewafit � to ati 'Erg -, -100-*V
Aft Atill 406, that ii" It 1pro3tat biptetA *11411ft babitat tht Projobtlo
bit dftltid,
W- totsf6rd aktd-lf the deer iii the areh`,ate
tbley are aigr6torr.
No. wm ansea sold that the Aavitoty igeboy ree,4 that
rite :the Dept. of VI*h afid Oklm In the expert,the 'altmAktion, axed lw*n
-A-
,that thb door htr4v are z1gra,tory,. �1�
W. Boftr6rd said OAt this 3 small Pareels'-ftre (-Abse to'thw rood AM� tht
lAtOr J*ftlel .in ne&r,t'h,;b alftekv with Nater for the Aeei* and spto ft*
them to move. This da Mats tb6 Irt*Ot 6nthe deer.
Mr. Mendonea viltorat6dthe opinibiatt the experts In the tituatitmo wq-
adk&L,v1afttd tbat there are already simllspa r-calt In the area. Ila
*Aa"
not certain that the contig off." Fish and 'Game would be tiny , dirfor=t, o
ltlb att parcels 'were propbsed.
W. Streeter thought that it 'the" tfas a cdmpromi�e O allo it V011, A be;
for 10 strt parcels.
'Mr.. BOWMA poitit?�d out thtrbmall pardels bri 3 AAes of the .41t ti
no ttAt the large parcel Would remain on the el�.Vto leaving t o dder
on the
the
Mr. gtvitetair told t
hat/23 acre parcel 'Might not remain as such Ate
Mr. Mendonva tgreed that this parcel cerht)Anly could be furtheS,, 44";loed.,
LtxmLi tbiihp of'Chico, 72'4 Ikebeeca .Court, said that thimXbor�h"w;N"A deak
hard was oiginized in i947T and covered an area through seiteeat Pbunttes,
He WOndOxed it a AWdy on the area has been video 'who did it-,, ead, vh6,to
Out& A report it. there seem to be no stat-,istiag on which 4,hi3"Ise --opifilfts
oaf Irish Aad Gime are baxed. I� wondered ft, the property oVA,6rk Nbre +not
notified z1f any bttAv, that W -is Cade, ff-e tult prObftty ownerh should be
notified of Ail fitAlto b6fore being, �tootvjd on in Lhis muner, Ito asked
it ool, or two dear are taore ikpoPtant! thaft 1*1bi%19 A', iftmily P A coax or wall
is anad gardear, oraome thickenw. Altov 10it veCkw4,. Vhenit,4t told Rp.
""On that, he Oppmrs to be against Vrogreba. the ftwitorArlitalittj fare
taking over the amt t` toUntry. Nopik carat r&ixe ftimi.Ues -4n Chit, 1)
P&MONO and VAY*WoOO6- lierot for less zmey, they, *,an tut i, h zJ �re farm.
*4W OW )no Itr"S #*&0ALjft`*W* t.104r* are r
,b Xt*ti*tl
ADVISORY AGE-RCY MINUTES 11/29/82
(J ,
I
`Z 7
htt COuml ADVJOOrj� AC~hC MlM 2
November 99., 19M c:
G U
ti �.d1R1 Ct C7batD To lit@ MLIC AND COj;Vj rD To UM ADVIM'RY AdENCY
Nfx . 'Mendorisa` said that the Nlap Act says that, a project Must be tienie
theY'e t;$ damage td V11al.ife hstbitet. xt is spot: t�•!gi r:stian of bY�iaa ► or'
fightingenvi,znnmentalists. ,,,�"`
y boufA,br
Mr. Sre3th saidSlIe ffi�►id tl t 3nfnrmation wasIle told �tva, �jheejer enct truce A'gI'hecAd is Y
the .'tap Act,
doesn't have to abide by Vish and ttame.
Mr. Mendonsle sraid he dia not Tais'h to argue with the exOrt$ Ute the fi:+alA,.
Mr. Stre+etee stated: l will snake a motion to deny "the appeal of thi-11A
requirement for Lowell V. Smith on AP 28-17-85 finding that the proj6ct
would have an radverae effect on migratory wi.lAlife and there are u,itarhativer
availawbiew-tb enlarge p&rcel siZea to at leant 10 acre parcel:$ to mittgete
that;,affect and further clustering the homes ites,finding that the present
proposal. conflicts 'with policies of the Butte County General plmn, the
State Stalrlivisior► t3ap Act and state l.aw regarding Assembly Dil]. 1.521
regarding pirc$ervatian of °wildlife areas. Motion seconded by Mr. Raid!'nu+i°
earrl:ed usiahimous].y. .
i
ADVISORY ACEN CY MINUM 11/29/82
0
IN
00'
Novbsbai� , je:9.92"
I§. TE1+ Al A4RM NKP APMAt or MUn Nl tr roR EtRi F1011 �t71�$� i1'Trt7tt
;. Lowell ,� ] � , A P 28-174
5 a 4 parcels approx. igob ft. to*ti h o!' I �
%;fim Flava Rd. and Toiiey Oalt Blvd.int�ekm6ct3on, on V64t s'idea
of Stoney Oaks Blvd., north of Ix gor. Engineer; 4tohh Botsford �I
r-* Mendoaea main that hes had received a telephone d*11 frcm 't�e o r
aceq�sestir� a continuaniee. -,
MRIM OPEN TO TM' 1?IJ2LIG .
ii Shirley Msithq c+ambx, of Ap 28 -17 -Al, next door to :qtr. Sktth, 'had, no
objections to this divisions. since "she it proposing a aiinillaac' divi lon.
Mr. Mendonra said that Nis. Smithey s project would be facing the saw
envirob mental. review requirements as this project. He noted the sleeting a
the folloOfta daffy bet den the Board of 6tptiaimors and the: Dezpt. of Ploh, {
and. Gam �
Md. Smithey acid she± just Wants to keep up with what, In happening to
well Sb tWa pr*Jeot, since hers is s talar.
MMG M'PSED TO M PUBLIC AM t OXftMb 1ll7THE AaVlSo tY AGENCx
f
Hc. *Mdoare► said the item wOuld be ,coatj%waa fvr one weak. w
r.
• AP 28-17•$5
1
>� x 02SCUSSlON 10P RNVIRONMENTAt SV'AtUATION�\;
This project is a tentative parcel map to ,divxde`\';A. 40+ -acre parcel
into fourparcels, located adjacent to Stoney Cake` Boulevard
approxistate`ly k mile south of Swedes Flat Road, IS wiles touthe*,At
of Oroville. The site is ,gentle sloping foothill oak Voodlana on'
Shallow (20-40 inches) well�draalnedsandy loam soil. The p'ropc,rtY
Is traverrod by Lower Rocky Honcut Creek, The Butte County +0; tea
Plan xesignhtes this area for Agricultural Residential land utt•au
zoning is M -R, Mountain Recreation Subdivision -Residential, Theo
site lies in an area o1 high natural fixe hazard.
Ie: The property lies in an arQa susceptible to high crosiott ha.tarda.
Howevcr,, the gentle terrain on-site reduces this problem on thi
property.
:Ihc The project site lies in an earthquake prone region, part of
the .general foothills earthquake region. _--
3h: Crounawate-r resources may be limited. Some nearby parcels have
established water supplies; evidence of water exists for five to ten
acre parcels in th3.6 area.
iia: A light -to moAerate amount of vegetation clearing vial occur ails,,
these parcels are developed: The project is in a key migratory deer
winter range area.
5dt Wildlife habitat encroachment and deterior.atiott - the project i*
located in an area of Special Biological Importance (the migratory
Matetown-doer herd winter range) which extends over much, of the
Swedes Flat area. The St:�te Department of Fish and, Lamb policy
indicates that parcel densiwies greater than 40 actes in ruize are
incompatible with continued deer usage of range. County Land Use
Policies support the protection of winter deer range. Obviously,
cXisting development patterns have somewhat compromised the habitat
slue of portions of Swedes Flat, particularly adjacent to Hurleton-
Swedes Flat and Swedes .Flat roads. This makes the project vicinity
especially important as one of the few areas of ]urger parcel sixes
be'tweeti the hills to the west and the higher elevation st+mmer deem
grange to the east. This is a concern which has to beresolved ori'
an aren.wide basisy but each individual project has an incremental
impact on this resource. The project is in a jparticul.arly sensitive
locat.ion
As a minimum compromise, redesign of the parcel map and+Mustering
of hoMesites would. help reduce impacts on wildlife habitat, permitting
Aft open space corridor fbr deer migration through the properties
(since deer avoid development sites).
Appendix F page 8 of 9
AP 28-17-85
DISCUSSION Or ENVIRONMENTAL rVALUATToN (continued)
Get, 7: Local increases .in noise a:na .light can be expected' for
.residential use of this puoperty.
8a,, iu,b,c,eyf 15aq Public/Comme'rcial Services and ,Residential'
i
Density: The project s located in an area which had been plaritited
for ,agricultural Resii ential uses r 20 to 40 acre ,panels consistent
with the hand Use El+eMettt; 1 to 20 acre parcels are condition,
cansis'tent. Due to the isolated, remote nature of t s area, its.
public service availability (fist, Polic+e,, schools, 'rb*139,
caanteerciax' services, electricity, and telephone) � ;tncerttift doiftstic
water availability, and the increased fuel consumptiblk tequivtd far
c+ommut ng,, a ttt..6nd toward parcels smaller than 20 acres in size 011jr
be pyre na6vb. residents in this area W.3t expect a 10"rer l+evtl,; f
service than itypical for less isolated properties nearer uxb t `t
services,
The project is located in an. area which is remote .from nrovill.e viAt
y g Pvalhe�ent$ in
this stem
,will require upgradtdrodservicespoliceand fire protoction,
commercial services and schools at increasing letrels as the pep,01,900n
grows. 'The current General Alan hand Use poi icy for the area supports
20 acre minimum , parcel sizes as an appropriate rural residential
density unless five: (5) conditiotibl ctiteria (relating to the above
concerns) are satisfied. As with the other issues noted :abovol,
appropriate residential densities should be dealt with on an Areawlat
basi's,(ideally through zoning that is consistent with the General
Ylan)Eowever, in ab.sen�;e of a consistent zone ,and minimum parcel
size, each Wdividual project must be evaluated against General
Plan policies case by case.
13ct
residences circulation
sa1'he project world add three more parcels/
II c street pattern (ane way in acid out) which
pet,�Vides sole legal access .to ± 40'parcels .(20 parcels is the maximum
pbrmitted by County Subdivision ordinance) The poor circulation
n south mL Swede.$ Flat
Road, but at some point individual aroje tsehave to be accotantable
'pattern must "�e vipewed as an areawiprojects
e concern
by the .substandard.
for the incrementable incre s p.
road system.
2 - The site is located in an area generally considered to have
moderate sensitivity for archaeological resources. A survey by it
uallfied archaeologist for undiscovered. sates is :.necessary to
etermino i�' any resources exist and what impacts ,from site develop -
Ment would be probable, as well as necessary mitigations to avoid
dpstruction of archaeological sites if found.
Append ,r - pago 8a of 9
. ful
14. aetty* Blair
PIWUUh9 DitbetOr
I Couhty Canter Drive
oftville s CA 9$965
Nar us. Blair;
10*
January 25, 1983
At your reqUest on December 171 1982 1 condUct$4 an ar*hA*dlO9i6Al
surrey of two propir
tleb located within Butte deuhtyv They
are as
followsi
Vel"I"'LoWell Smith - A.P. #28-17-85 approximately 40, acres of land,
'located adjaoiant to the north side of Obert Drive and to the
east side of Stony Oaks Blvd.t in Swedes Flat. The property
covers the 8WJ of tho SEJ of Section 2. To 1� N. , R. 5 8- "
Bangor Quadrangles 7,51 series. The proposed project is to
divide the property into four parcels. The property has a
gentle slope in the western portion and is relatively level
in the eastern portion. Lower Rocky Hohout Creek flows,
along the northern boundttry and an 4phemeral exttinage -,flows
through the eastern portion.. The vegetation tif the property
consists of open oak-graosland with some riparian vegetation
along the creek.
Este"lla Gregory - A.P. #41-12-98 approximately 16.8,. acres of
.'Iknd located adjacent to the east side of Wheelock Road,
approximately one mile north of the Intersection with Highway
70. The property covers portions of the SEJ of the SWJ Of
Section 25 and the NEJ of the,NWJ of Section 361 Ti. 21 ffbi R.
3 F,,, Cherokee Quadrangleo 7.5' series. The proposed project
is to expand the existing mobile home park from 22 spacts to
50 apaces4 The proporty is relatively level with Dry Greek
flowing along the eastern boundary. The vegetation consists
of open grassland with scattered oaks and some riparian
vegetation along the creek.
Prior to conducting a field survey of these properties
consulted the archatolo ' gical site record files maInI
-UI-aihk§d at
California State Univ-arsityr Chico to determine if any
previously roeorded archaeological sites were located within
or adjacent to the property boundaries of these two .areas.
No previously recorded sites were located on the Gregory
property and one site* CA -M-578, was located on the Smith
property,$ CA -WT -578 was recorded as a prehistoric food
processing :site consisting of several 'bedrock mortars.
January 25,
The foods of the riel.d survey was materials or featurbs
idative of prehistoric or ear /historic aotivit es. Beth
of the propertiew wens ex9minied by my walking regularly speioed 0
.linear transoctis with ah approximiate=ln nnet*r intarval VAI. g
over the entire are of the properties. No materialm of
teatuact` 1tie�s meretivo id+entifled durof ing omy insp+or 60tion Of either
pr6perty, area, other than CAWBtJT -5778. The bedrock inurthra
at %hie alto are all shallow and unsuitable for soUntif l a
as' xerAnt. Therb bsed ro ject will not likely impact
thio 'sits a r o �.;
p3 As located on the hank of an +ephem6ftl
r�S ��► o lse tell fcr both of thp
drai�ta�e. s thers�'ar�reo�ciaen
e roporty urea. desorlbbd
�- . sincer�].y : ouirs
sa 'P- *Ming
r hSL*O o'& Consultant
i
I, n 14
1tWTMEWT OP CASH AND GAME
CReg ion a
At:1,701 Nimbus ftad, Suite A
ancho Cordova,. CA 95676
(916) 355-7030
rebru�y lot 1:443
C y a
Mrs. attty Kirdher, nitector
Butte Caunty Planning Deparrtment '
7 County ContO OriVe
O ovill+er CA 96-065
beat Imre. Kirehor.
t` This letter c6htai�,s afitotts to Butte County ,a inquiry as to hov
the Department determine* Areas of special Biological 'Importance
pertaining to migratory deer herds.
An At** of Special Biological rmport*fiOd (ASBI) is a concept
developed by the Department in 1971 ars an update of the state
IiIsh and Wildlife Plan adopted in 1966. ASBI's were designated
within,p *determined categories, by Department staff and field
biologis wbaased on existing data, consultation with other
agcnOies, and personal knowledge.
One ASSI category is key wildlife areas: these are areas conai-
,derod to be essential to the survival of a species or wildlife
population. Critical summer range, migration holding areas,
migratory routes? and critical winter range are four migratory
deer herd Asara. The information bases utilized for -designating
migratory deer A891's aret.
16. P eld observAtions of deed; activity during visual herd
composition counts, infrared trail counts, pellet group
countrs, observation of tracks, and browse use surveys...
2. areas of high unnatural mortality recorded in canal drownings,
highway kills, and detected poaching.
3 radio telemetry and tagging projects (on�»going in Butte
County since 1977)
4, Annual county spot kill maps which show when and wherp. legal
hunter kills occux.
5. Habitat suitability based on known needs.
6. Speciiic studies of deer ecology in various areas of the
state, MOO Co. planningC"fir
1983
�ravdN !Califoml
Mrs. Betty Kirchek °-2 brtiary 10, 1983
east of our data base has been accumulated since 1941, and much
is verifi" annually. Radio telemetry studies have verified
:'1gratory routes previously determined by evaluation' of spot kill
maps,, field 069ervations, road kill records, and similar evident -t.
10tor needs and habitt,are.generally stable over long periods of
timet' oxoept during catastrophic occurs#,noes such as the inurttatio'n
o� 2b,b00+ acres of winter rang,,o Lake brovil'le. „
neer use on portions of their range varies with we6thexnt3' &04
and wat+ee 4vailability- seasons humaf,a harassment* eta:.'" Critica;�. a
areas dire the places occupied by the bolk of the deer herd th,tbugh
Most of a S*atson. As deer are most active at night and q'erierItIly ,
rtz*i,whidden by da'yr they are not readily obser+Ved, beer, h&**tx6elltn,t senses of rijht, sm'+ell, and -bearing and usually A' Va,
o
atll but, careful. ob�ser0.*rs, neer use occurs on all p6t,0011*1 Of
their range, excepting vhat should perhaps be called former range
rohden*d virtually ubeless 'by human imparts.
Tentative "Parcel Maps for Shirley Smithey, (A.p. 28`�� 3w,g3)r Lowiell
Smith:,, (A.P. U-17-55) ,, and Mr. Scl�ot�nstein (1?.P. 72 33--46j , which "
are found in the Swedes Flat area, are located on :Moor+etwowrk: Dekr
Herd Critical Winter, Range. Thp,- designation of the Sweats Plat.
area KGs an ASb1 was based on the followinq
1. Field observation of substantially higher dear numbers 'in the
winter compared to the sumtor.
r, Ii. Annual spot `kill maps indicate Most bur:ks ar°a taken tate in
the seasori in the Swedes Flat area: Such a take distribution
is typical of migratory deer.
C;* 17he local habitat his,, a suitable compos tiort of deer feed. in '>
t)e form of brushy oak mast, and rasses
4. Oh-sit�eofpellet
use
ngroupsda�dy �Xgc�Ck8.G7t browse. l�:edgf:ng, o�i
ation
if we can be of further assistance, please contact 3erxy Menschr
AVironmental Services Supervisors telephone (916) 355--7030..
Sincerely,
f•
l
'Paul T. zensen
Rea�onal Manager
c
a
GtORGE DEU tMEJ14N
� cr• c�»c�i1-���s ���Hcr �, � ' ' cl�%liitit�b�Sit�rYessJJr.�1.
. _ _..-euc—•^"wm+eN""w .:ctr�ir�:ca,_^,ik..yes.4�C.anriwete,r.�.�=.r..__=;stryeeao�++-+wr�.,,ViiMw►11�er; .
VJAR` MENT OP FISH AND GAME
raw
,
rtANGlili +C04MVA, tA11 MMA #3470
016) 3SS-�7030
c5 16%.
o
tbruary 1983
Mr, Lowell Smith 1
72- IRebetca +Cctrt
Chicon CA 95926
0ear %Ae, Smitli:
NI
011 D6dembar xS, 1582 the Department of Fish and dame sent to you
A I.Otter actompaftied by a map depicting deer herd boundaVi;es f'o:r
the Moorettown Deer tierd, Ths infotmation shown on th,6 uap wa,a
outdated and in :orror and should be disregarded. Enclosed is
`ma+p nhowing updated and eortected,herd boundaries.. The Butte
,County Pianning ''Department has a copy of the entire r.ahge in- Butte
County if you need that itaformation,
1f You have any questions, please contact Jerry Menscb,# Bfivirom-
mantal Services Supervisor, telephone (51.6) 355}-70r 0.
Sincetely",
Palin.• T- Jea!aen
�egi�nal :Manager
�nelnaitr+e
bo: 8e.tty Kircher, Hutto Co. Plannihil Dept,
JMtap %* ce, ftm"r
FES 4 19@3
�f
r,
...........
ARTMENT OF' fISH Ai ."s `•ii m
J=M�
OLS Wus, ;HT1 A
""C1b,?L'bftb". t41�ORNN11 ta4»
D*cetrabar 28;" 1982
s
. 1 .
124 Ptetbtcca court
ch�,ieo, CA 95925
Deur Mi. Smith: �
In re powao to your questions concern, tg the, Deer l+etA
ire have the following Cbmrklentsi, ti
.� The Mooietown Ae{tt ,ktnzrl is comprited of .i4gratory bl.aektA. -
deet inhab tin tho; Qwest slope of the sierra ftvada mountain,$*
a1 t
20 The Mootetj�'iun herd pets+ently involves a'PproxYxnatel� f,uiiii'
deer iA VrIUmas and Butte Counties* The summer And fwint+er
ranoee encs mpass approximately 300 and �60 square miles
ma� Vj?ectivel.`y. the herd boundaries .and herd ydefin'itio,n we c-
ale i 1952 bar the Department of F*sh ,and Game. ,.A +copeo, ;i
the herd boundary map is ,attached.
4: The 40 -aatO minimum parcel size is a standard developed by ;
Departaent biologists based on evaluation of impacts of many
hundred projects. It cons: ers such impacts as noise,
vegetative disturbance, human .use, disturbance by dogs,
traffic, and other's.
5 No initial :study or environmental analysis'is required fog-,;;
such actioOS 6 The evaluations were made by .a number of
Department biologists and were based on their proE+esslbpa:
juclg�ment and experience as well as project evaluationi -4
If we can be of .further assistance* please contact ferry VMenrl�.14
Fnvstronznental, Servi�Ces Supervi.so^,, telephone (916) 355-7030,,,'
L
peal T. aensen
46gicoal Manager 1r
`U rr
A As
19* IM
41owthK Delve
l 3f
n r f i
' -Nk,. tweeter
ftiml Ap for five-acre parcelg in the Swedma nAt Ar 1. 'h3.es its. N%
�►r 1 f ,9pWA4 S i011;jil;a �t which i s �
Bear rfar
vtuor -;Pym- 1 ,
'�� Par+*ls 4o ;mt �xbw de tie 4D-amore miiaiwAs* Para41 'tile twptt
ibo it a rrter ratage Ydgral .+A + dwx,. The p'� o�jisi�
Ax i itis Jon the at£acJ.
dt ap ifs �ae�: k+�ia�' �c3��c� �t�� � ��►rr� l i i, .
ton l t and I. � ' i. n whvWue;
Cint''r� alae Cei�r
be �.� �A, y
f
l� �N if #tmmt be ��rther laaistw"; om tat* Jer:ry �
MWACho V'*irbhmntAL servicek S rVisorr te1q*xxx 4916.) 2 5-7030.
x
uidwl , derfoor,
lr
lyt
i