HomeMy WebLinkAbout84-45 MOOSEBERRY/ BURREU GPA/REZ 10 OF 12Butte county,General Plan
u
�Y� Natural �e�ources and Recreation
Environniental -impact Reportou Element1 O:rE T ] Esc~R mo r
,eMLocation
------- a The project site consi
OtIlan of the Sacramento Valle a is of the entire county of Butte. Butte County encompasses a r .
Sp tt� re miles 1,07 million acres) `nd h::ts divided into nvo t y f B tie. oai.or
bill' 1acramento Valle Y a foothill/-, �untaiq re 'o ff e P sections: a valley pP atel} t}670
Y floor with elevations �qm fil to Cees. r est of the Valley. To Y area which is the northeast
(1! to 2,100 Cect, and
the Cede and Sierra Nevada area;, ges with elevatio Poi aPhY includes the relatively
al►'Cie sea Level. The valley comprises 45% o f tlaa cou y Ran r g foothills with an elevational range -
a, foothills ns from 2 from
nsrve rolling
' 23%, and mountains j1 0. to 6,000 plus feet
sed P n ect.
,oC the Butte County General plan in the process of preparing the Ener
Butte Ccun
guideline for the ' «hen Gorupleted, this document` '
implementation of the �'� Natural Resources, and RecreaUonElement
Poiiass. This could effect the r' Cunt -s ener serves as the foUndation and long range planning
Changes in Butte Count gY, resource, open space and recreation o•
rghts and, ment Potendal ofm
in Butte Count Y Polices and Iand development atterns, Y property objectives, and
Y'1s appUcation to the CauCo P ty otmers and could result in signi>"icanr
the C, Un ' ' rola Ener p, The element will also fulfill the requirements set forth
ty to address biomass co- nvers)o Energy Commrssiori Siting and pe
impact associated with n, �gcneration, and hydroelectric, resources sd the c program, w q
the develo went of these potential ener Which re uires
The Environmental gY soukces, ' emulative environmental
that adverse Impact Report Will fo
se environmental impacts may
on Policies which mill
Standards ar Policies or recommended chap mange the e""sstin
Y estiii� I✓fidgadan measures ��71I g Policy environment
:n such a way
!FIR include: be in the form
P of additional development
S -s w proposed. policy Language, Specific o Energy Development Polices
Peic issue areas to be addressed in the
o
o Binlouadty policies n Energy Conservation Policies
cal Resources Policies_ o Vvoter.Resources Policies
0 Agriculture policies o Cultural .Resources Policiesles-
o .Yining Policies a Timber Policies
o Open Space .Policies q Recreation Policies
n Hazard Protection PtfliqeS
PROB
ENIRONMENTAL EFFE
Fmdlrr *s orSI niticance
reduce S -""— C1] Does the pr*tt ha �e potendal to de
t,,Ne- hab)tat of a'lish or wildlife s ecie
threaten to eliminate a sant or P � cause 'a fish or wildIifc degrade
the the enviro
CaliFornia history or re amirr,al commune Population to drop ninent, sitbstant - l
,establ)sh long ran e P his, YES,' The t3's reduce the number or restrict the range, of By
levels,
Ptotcetiop, l owever l;iolicies re ard. to PurPUse of the Energy, NatuH, i`esources g a major per)o l of
g g resource ,and ge, f =
,the im 1ementation th production, resource use} energy Recreation Element is to
p o ese Policies gy develo ,
nvironrri,ent P P will r ` Pment and env7ronmental'
'$t r .,e : mdcularin With to Wlie k e Potential to .le
1; /Power generatio rways and tip
degrade' water uali paean hab at Specilicall grade the quality of the
cele q ty and spiab�tantialld red -cif -the -over hydroelectric d ve! Yj,: the deVelo men
t of Water
species. Further, since most ptehistanc and 'an vegetatio op rmn will have the potential to el inmate or
ulltet ays,, the future develo► meat of h Y Californi 1ereby altering the habitat of Gsh l
p au .human activity was closely associated lath" and wildlife
ydroelectric facilities may adversely impact cultural issoure `
01 the region s
(A Does tome pi roj � ��vth h�nvirto achieve short -terra benefits e5:
hors to Potential
5 re Into he future ? onment. is one which to the detriment of fon -te
endu rs
YES. Butte Caen accuis ui .a relatively brief period of time while form -
r sources, The utilization of these resotti ccs: inclu ha ener g ' ' enyironinental goals
y bas a hide diversity of agricultural mineral timber g term impacts
g
energy development, mineral extractions Bieber -and „ hydrolo6d
01890t)St arresting, Arid
PROBABLE ENVIRONMENTAL EFFI r-m
(cob-nrrum)
F'
11901r ultural productirrn Will have the potential to provide short term benefits in the form of resource; prtviucticn, {
However,
ction?t` Gould also result.in a detrimental effect on longrange goals, policies, and objectives to provide environmental
stn) t o es, the or more�separ - r oect h4ve urccs wh are indiridually limated but cumulatively considerable 'c project. may impact
P ere the impact on each resource is relatively small, but where the effect outtvo
�Ite (Atai of those impacts on the environment is significant)? YES. The Element will establish policies tltrlt will have
j
,��c Wonmen al impacts *which may be minimal on an individual project, buthave County. It therefore, could result in
�.`au' reachin un hcatxons on all as eels of resource develo went in Bu
6ttiverse im licatton.s to .re onal air, and water quality,
when .considered on have
p 9 Y, a cumulative basis:
141 Does the project, have environmental effects which will cause substantial adverse effects on human beings, either
u'Ectl+f or indirectly? YES. The Element will result in indirect environmental impacts in that it establishes ihG poleies,
dl� 'our h which s edfic, resource production, extraction, and development will occur: These policies have the potential
tea. cr � te..adversc effete qn the population in the form of hazard to Lfe and property, particularly with re' .aids ca
veloprhent of water stgrage%power. generation projects and.'mineral ex vation: the
�R:t�Wiramnental Effects The folio
`
t .the proposed project:
lis a list of probable environmental effects that could, result from implt!megtatioh
o Disruption, displacement, compaction or changes in geologic substructures
j o Air emissions or deterioration of ambient air quality
o Creation of obj�.ctional odors, smoke or fumes
o Changes in the currents, or the course or direction of vi'ater movements in fresh waters
o Changes in al:aorption rates,. drainage patterns, nr the rate and amount of surface runoff
o Changes in the amount of surface water in water bodies
ro Discharge 'intt�surface water, and/or alteration of surface water quality
f o Change in the, dit,ersity of species or number of species of plants
o Change in 'the & rsity of species or number of species of wildlife
o Deterioration of existing fish or wildlife habitat
-0 Substantial alteration of the present or planned land use in certain areas
o Effect upon, or need for new or altered governmental services including parks or other recrzational facilities;
maintenance, of public &cWties such as roads
o Use of substantial amount; of fuel or energy
o Ben fi0, Meed q�new Utility ti,ms or, substantial alter` ' g
' attons to power_anpp natural as
o Potential to cause a h tcai char e` which Would affect ethnic cultural values
impact ou uah and quantity of enstui recreational o ortumties
o Potential to restrict e)dst ng POW= or sacreduses within the potential impact area
Di���It15
5 ii ree f eAUPORNIA--OFFICE OF THE GOVERNOR' GEORGE, bEUKMEIiAN+ Goroinor
i,
fCF OF PLANNING AMC, RESEARCH
1140', TIEW
If IMEEt
'.; +SCM,iE 001 eA 95814
4
},4f 09p
f
zavid R. Hironimus
aui±l to Oovntyr Planning Department
-#7 Cbunty Center Drive i3ui'f� Ca, p9annl»9 '
".e CA 95965
MAY 7 190
pmville, {California
y
Butte
9 o nt d Energy Natural Rg 4 r
-ecc SOV
Pune County �.e aotizrc�s and Recreation Ll��.,nt
Hironizus.
7ha, -state Clearinghouse has submitted _..7iew. ronmeu
the above named draft nv.' tai Impact
p rt r;EiR) to selected state agencies for T, ; ( The review: eriod is now closed
the comments from the responding a ¢ac p enclosed
* g g. y(.es is(are) enclosed. On the
fox#fie ar" Completion rnrm you w:ll note that the Clearinghouse has checked the
w
.gerzri�as that ha*re commented. ?lease review the Notice of Completwon to ensure that
-;ourccztLent package is complete. If the comm package is not ,n drder, please
;tet :Y e State Clearinghouse i=ediate p. Remember to refer to the prcjest's esPub-
State Clearinghouse mutber so that 'we may respond promptly.
_Laasa note that Section 11104 of the Califarnia Public Resaurces Code: regL•ired that;
Ra -respaasibie agency or other public agency shall only
make substantive ccmments regarding those act, t' a
involved in a projecf,hich are within an area ofiexpertise
of the agency or wc�ich:are required to die carried out or
approved aY the agency.'
CommddtinS ag enc=es are also re Lxred b y this sect=nn to suppcir, their comments with
eai'fic d6cumenta} ion. These comments are fnri.rarded for your use an preparing your
.,!a1 cam. Shou..d, you 'need more infor.._at Ian or clarification, We recommend that you
�nt.act the commitnt ng agency (ies ),
,.,,ill letter acknowledges that ou have t6mblied with thstate
�, � � al doctmients,e Cieari"ngho>xse rer,iew
Y �
re ui t emetta for dra f t environmental'
y pursuant (9j6) to4455_061Sthe alill ,
�vironmentai t�v.alst�r Act:. Please contact ,Banc �:.;tchell at
Tuve any questiohs regarding the eiivzronmerntas .eview orocessc
as ridd . 4z-ankasscp
eruty C_rectnr; :e_*:: :ass»stance
r::cl.e�su=es -
cc: esosr. c Agenc7
The purpose of the Energy; Natural Resources, and Recreation Element is to establish longrange policies regarding
resource productiod, resource use,.enerc-y development, and environment. l protection. However, the implcmeptation
of these policies willresult in the potential to degrade the quality of the environment, particularly with regards to
waterways and riparian habitat. Specifically, the development of water storage/pow.ergeneration projects anal run-
af-the-river hydroelectric development will have the potential to eliminate or degrade water quality and substantially
reduce riparian vegetation, thereby altering the habitat: of fish, plant, and wildlife species. Further, since most
prehistoric and early Californian human activity was closely associated with the region's waterways, the future
development of hydroelectric facilities may adversely impact cultural r„sources.
Does the project have the potential to achieve short-term benefits to the detriment of long-term environmental
goals .(A short-term impact on the environment is one which occurs in a relatively brief period of time While long
term impacts will endure into the future)? YES
Date County has a wide diversity of agricultural, mineral, timber, and hydrologic resources. The utilization of these
roSources, including energy development, mineral ektraction, timber harvesting, and agricultural production, will have
11re poteatiat to provide. short term benefits in the form of mesource production, However, it alsohas the potential
,to result in a detrimental effect, on long range goals, policies, and objectives top rovide environmental `protection,
S Does ,the project have impacts which are :individually limited but cumulatively considerable (A project: tiny impact
�pn two or .more separate resources where the impact on ;each resource is relatively small, but where the effect on
the total of those impacts on the environment is significant)? YES
The Energy, Natural Resource, and Recreation Element will establish policies that will have far reaching implications
on all aspects of resource development in Butte County, it will therefore rest;;t in potential cnvi onmental impacts
which may be minimal when onsidered ori anon an ove ll cumulative 'individual but will have adverse implications to regional air and water quality,
4. b,diresYW
the prof a yeenvironmental effects which will cause substantial adverse effects on human beings, a they
The'Element will result in' direct environmental impacts in that it establishes the policies, through which sriesin
-- resource production, extraction,, and development Vill occur. These policies have "the potential to create; n..lverse
of water storage/power generation projects and mineral excavation.'
S
effects on the population in the form of hazard to life andpropertys vnarticularly th,re aids to the dev� lcipment
i '
M DETERN NATr6N (To be completed by the Lead Agency)o tOn the basis of this iriidal evaluation:
I/We And the proposed project May, have a significant effect of the enriro'ntnent; and an Environmental Impact.
rt,is required.
CO1f.,NTY' OF BUTTE, PLANNING DEPARTMENT
DATE:. "i A rhe
REVIEWEt) BY
i
M
CALIFORNIA DEPARTMHMti
DZOF CONSERVA-i-1 �N'
VISICIN OF MINES`..IVD GEOLOGY
DM 2
,4
OTE
, URPA►CE MINNG Ali RECD.,
N>�ATION ACT (As Milan by Senate Bill 1300, Ne`edl - I -+�
Assembly gill 1110, Areias -1984 Motu etO,Statutes',
Senate gill 593, Royce -1985 Statute.i,
Smart# Bill 1261, Seymour.198b Statutes:
and Assr;tnbfy 8111 747 1987 Statutes
Article 1. Generof Provisions
0271t1. Tltis .chapter shalt be l nor §2715. No provision of this cha recur 11*1 rcy
5tr�rt 711-ta) The Le RsEattire hercb c tin :►97a.
as the or policy of the board is alitititatiipin on anr�rt"thlpllyih
t; knownand ntay be cited
� fa) Circ the police paver orall city or county
g y tis and declares khat lite of,any city county to declare, prohibit, and aate nuisancr oil the es, power
exit, kion ofmnerals is esscmial to the continued economie wcIl•
btrtti� of the state and ar On the pn�veC irthe Attorney General, at the rcquestOrthe
the needs of the society, an flint the board, ar upon his own motion, to bring an action in the name of
advres.lttltr_atiun oC mined lands is necessary � to � . S J
prd vent or mnimixa the people of the tate of GaliCornia to enjoin any
�! a(ulu etffecis on
the em'ironment and to protect thrpublie health nuispnce, y puliution,t�r.
01) `r^he Legislature frther finds that the reclamation trFmintd:, (q) On the pol8tr of ariv state agency in the enforcement or
landaasp videtk in this chapter Will dministration of any provision of lacy which it is slsecifically
administration
Of miltcrals and will t rm t tt c continued mining authorized or requirert to enforce ur administer»,
prm+-ide for the protection and subsequent (d) On the ri'lht of any person to tnnintain at ani time tiny
berxet ial use of the mined and reciaimed land» appropriate action fore ltefaga nst any praintain at ah
fc) The legislature further finds that surface miningtAesplacein asderined
in ditneM areas where the geologic,, to b» Civil Code or oaring acre Sectian X79) of Division �l of the
lt'gicaf, and pobraphte, climatic, ►n- 11YOther private, relieli
idl renditions arc sfgrtifirandy different and that, t) n the pager of any lead agency to adopt poticict, Stan
110c)amation opzrnUons and the dards or, regulations irri acing additional requirements .accordingly. ,pCrifwrations thcrcfQre tray vary p
person if the requirements do not prevent the on any
o 27`c, v it is the intent of the legislature to crate and maintain Plying with theprovisions oCihis chapter. on from CamM.
It' eCfceti�s and tornprohenstsc Surface mining and zeciamation builds On the power or any city or County to regulate the use oC
p. to
sttuct
khregttlation ofsurraco ntinin�*apMrattohs so a4 tet assure
tls(a fdlentt' Open spacetirr(in ludo g'ag s, and land asrctttltur ,t re rettrfobusiness
u th ss, res-
sa)' Adaersc envttonmentat effects ori; prevented ar Mill, ed Ment ofsrrnic beauty, and the use ofnatutal resaurresl,, and other that mined lauds are reclaimed to a usable condition which is ' enjoy.
roadily adaptable for altcrnatte land ores. purpdzses.
§277 6- any person may cotntnence anactfon on his own behalf
ib) The prr►durtton andnservation of tntnerals are enrot►r-
leel, while giving consideration to values relatin to recreation, pursuant
the beard or tho State Ocologtst for a writ of mandate
t� tershed wildlife', range and forage, and acsthct�. enjoyment, pursuattk in Ctieptor e ofCitcom"Ifig with 5ecti0h 1094) or Title t
of Parke d rite Cade of'Civil Procedure to ct)mpel the board or
eliminated. the State Geolo tst to car}y out any duty imposed u
fr) Rtsidual hazards tt>, the public health and safety are
pursuant to the ptovisiole rr this chapter
Tt is not the intent of the Legislature b), pun term
y the enactment §2717. `Che board shall submit to thd, I:e'gisl7ture iSn k?ecetnbd!r,
of rets ehapterto take ptivato property forpublic use Withquk pay. port on the artfons taken pursuant to this
mentofjustcompensation inviofatioilofthocdniornia-andClttfted chapterdut7n th a re g y
1st of td year
Sta��s Consuttttiitns, a sttement orthe apt dins Including iegis ti cmrecorr $hall radiode
the fpllowi tntendahons,
Collo ing.,
provisions of this chuptershall not apply to any Of dshrrh fire necessary to carry^ out make Catnplc`toly the pu sec
ng actr� kiey0 irements of thls
daj Excavations Or -grading conducted, forrarrntngoron5ftecon+ andrt a chapter.
structionorfortet:purposeofrestorin lad - Cpany!eksonnyprovislonorthischaptekortheap'iic,�tictn
q
khercor
natural disaster, g n following n flood or p or otrrUMStarice Is held Invalid, sur int�tlidiq shall'
ndk affect other provisions ok applieutions t5t'the Chapter welch ran.
lb) Prospecting for, or the cxtraCtitin of+minerals rot COmmelrµ given effect wifitout the invalid provision t►ppiicatIit and to
Ciai. purposesand the removal til' try,erburden :its total amounts at" chi$ end Mlle provision$ of this chapter are seiemb1e,
kiss )batt Surface
cubic yards in any one location Of ons: acre or less..
(c) Surface mining operations that are rewired by to
detat lav
in ordetr to prt>tecla mining claim, ifsuch operations urc Conducted
solrty for that purpose, Ameje 2. t}eFinitions
fd) Such athersurfare mining Operations Which the board dez
§2725. unless tete cahtext atiirnise .requires, 'the definftiont�
termines to be of ori infrequent nature and which tn��nfve only
set ttirth in this articleshatI goycrtt the construction ofthis chapter.
minot^,surfnCc disturbar}res, R B ,� 4
ed by, "Area of regional si nit+cance " means an area dcsig-
tedby the board pursuant to Section 2796 winch is kajoSNtj to
THE RESOUk tt AGENCY
GORDON k VAN VLECtC5TA E O
F CAl
t�owe 100041A
GEORZ"ati DEtr
rnb
a�ecretai}+ RMEAN b0ARtMENt OC GONMERVATION
Pultl�t.tnfa y, Room tXs4454:.016.r RANDAtLM. WARD
;nar},aSn f�ffiee tiGkl @ertiui Drr �:rameata,'t;A 95g1 d, i91b 80, 5titxa D'rector
.1 South grti#d m 3 � iMAIC ORDER, P.O.P
13ax 2 rhtnld, t A X5812 t ti#
1?lal d�C1-�,5e0.5att Franttstt} Boy Are¢ tCegidnt�l Olfi�ti Civil t7rir�e.Hy^� olpj,��ed.
._ `ill, cA 9ds�3.1�g7, �r
f s+1t�12
�� Pteasanl tt . _
�I: v
utntttttaa th
n a d: pos}t oC inincrals, c extractioa of whichtbjudged to .,
alfa' y
tsar cta�ar�aittc.es to advise the tzo�rd �n esabfishing districts 7'
1110 tai prim 6 importance an meeting, future tneeds for minerals in n
t�ir these comtnitteei, the board shall tal e.anto account physical
marticiilaarn lo, ca hcstatewithiuwhichthemincraksare'Idcatd&1--
chiracterlstcs,including, butnottimifedtntcl�mate. tnitograPhy,
and which, if prematurely doh loped far alternate incompatible
geology, tape of overburden, and principal miheral vain codifies.
land uses, could result in the pertnanent loss of mtriemis that are
M,',embers of the committeei shall be selected and ttfrpuintcd nrr
Wmor than local significance.
the basis of their professional; qualifications and training In min-
:IA*737. "area of statewide slgnificat t6o' means nn arm des-
oral t%dulte conscrvatlon, development sand ut izatioii, land use
Mooted by the board pursuant ip Section'2790,which is known to
planning, mineral economics, or the reclamation of mlood lands,
k minwin a deposit of minerals, the extraction of which is judged to
$2741. The members of the committee shnll receive no cowl-
{ bt, eatprince importance in meeting future needs for tninera1s in
punsation for their services, but shall be entitled to their actual
11w Mate and which, ifprematurely devetnped for alternateincom-
and necessary expenses incurred in the performance of their
r ttatttlalc land uses, couldresuCt in. the Permanent loss of minerals
duties.
[Mot,`arc of more than local or regional stgtaificance.
WIX "Lead agency" mean% the city, county, San p'rancisco
Article 4.. State Policy
lhly Conservation and ;Development Corrimisstun, or the board.
for the Reclatnation of Mined Lands
wim thus the principal responsibility forapproving a:surface min-
fui, upnration or reclamation plan pursuant to thin chapter.
�2755; The board shall adopt which establish state t re
p
1,2729. "Mined lands" includes the surface, subsurface, and
Policy for the reclamation of mined lands in accordance with the
;tet)ntid water of an arta in which surfaco aninir g nperaaions willgeneral
provisions setforthinArt ide t(tom mencing,withSeetion
dta .tare being. orhavc been conducted, int fatting private trays and2710)
of this chapter and pursuant to C4aptet 4.5 (commencing
mia(b ,tppurtepant to any sorb area, landeteavations, workings,
with Section 11371) of Part I of Division 3 of Title 2 ol`the-Gov*
tutaing Waste, and areas in whtc:h st ructures. facilities, equipment
yaiaa.hsnes.tools, orothermaterialsorproperty which result from,
ertl meat Code. -
§2755. State policy shall npplytothe conduct ofsarr4ce,mininii
sty art u.% -d i»r surface mining operations arelocated.
o erations and shall include, but'shall not be fii iited to, . pure
iyno. "Mining waste" ineludes the tesidua'i of soil', rock,
tbeemplavod by lead agencies in specifying grading, bacl.tilling
muneral, liquid. vegetation, equipment. t=hroes, tools, or other
resoiltng, revegecation" sail compaction, and other reclamation
tnuttriaTs of property directly resulting Crrrm, cit displaced by,
requirements, and for sail erosion control. water ..quality .and.
4aeurlat<u reining operations.
42731. "Operator" means any person+ ulao is chgaged insur-
watershed control, waste disposal, and flood control.
§1757, The state policy adopted by the board shall be based
"lme mining operations, himsclf, or vvba contracts with tethers :to
upon a study of the factors that significantly affect the present and
. xtnd operations ns as behalf t a person who is en aged
fa p Pe lY
Nture tion premed lgspdes ;shall be used as standards
pet n c
rt �urFau c mining, n e %octans a an cm 1 n t with wages a+ his
r fa P P g
by l a agencies its ific
ctfic and general plans, including
land
i,rlL %soon f1t nsat,t n.
the conservation and use elements of the general plan, and
*2132. "Overburden " means soil, rock* c-0her materials that
z-oning ordinances. The state policy shall not hiclude aspects of
htr.ubovc a natural mineral deposit or in between mineral deposits,regulaking
surface mining operations which are solely of local
I urure or after theirrertiovat by surface mics°rag operations.
concern, and not of statewide or reglonal concern, as determined
x:2732.$. "1lrmit" meats any aulhoriz4 n from, or approval
by'theboard such as, but not rallied t nrlinuis pk t5i5eratibn,anile;
s+,v a lead a envy, the absence of p
which: %vuld reclude surface
dust, fencing, and purely aesthetic considetzatiotis,
x,2758. Such
ctatauin operations.
policy shat! include objectives and criteria focal}
;2733. "Reclamation" means the combined process at land
t.rstncntthat mmimixeswaterdegnoon,damttge dation.rirpltiti
of the following:
(a) Determiningthe lead agency pursuant to the
rovision& of
ta-a aticortVzidlifehaiiitat,ftoacting,erosion. aniloiheradv-erse
et,h.cts'from surface mining. operations, includin adverse surface
Section
tt) The ordersev
y alua ion ofreclumation rates
eMcrts incidental to undergrontf mines, sea That mined lands are
4C� Detet`mtnin� th a circumstances, if an,'undet 4+'lti+ h the
r=lainicd to a usable condition which is readily, adaptable for al
approval of a proposed surface mining operation by a lead agency
east uute land uses and create no danger t#public health orsafety.
v itclarnation of
need not be conditioned on a guatantee assuring
Tllle may extend to affected lands surrounding minA
the mitred lands.
,process
hrtstls, -.and •may require backfilling, grading, resoiti"nµ, retegeta•
§2.159. The state policy shall be co►itimtously revidwed and
" ar other
taut soil compaction,pli Stabilixa
may be revised. Durikig the fotinttlatiott ur revision ofsuchi policy,
,. s th
�73�}. "$tate policy" means the regulations adapted by the
ionsmeadog
the board shall consult with, and carefully dvaluate the reeom.
mood pursuant to Section 2755,
mendationsof the$tateOeolo;ist,anydistricttecinicaladvisory"
; 2735, "`Sttrfate mining operations" means alis nr oospore of4
committees, conced=ed fede'rat, state, and local agencies, editcaw
tional institutions, civic and. public interest organizations, and
ti-wprgcess Involved in, the miningvof m}nerals an mined lands by
rmtloviag overburden and mining dircctl'y brant. the mineral de-
Private organlzations and individuals.
p AS. open�pit mining of minerals natttt'ally exposed, mining by
O 76b. The boa shat! not adopt tit ;tovise, chit skate policy art*
tto Huger mclbod, dredging and quarrying, or surface work ihci•
less anublfr hearing is first held respecting their adoption or'ee
deed to an underground mine. Surface mining npetakions Shari
wtsion. fat least 30 days prior lei such hearing, the board sliall give
tncttjde, but arc not limited to:
notice or -the -bearing by publication ptirsuaht to Sectibh X1611 of
cal ]replace distiltutiorr or t,estoring or'teat hing.
0bt The production and disposal of muting waste.
the Government Code .
42761. Ca)On ut-bffore rahuary 1,19774 ohd, at,ft minimum.
ret I?r'caspectirtg,and exptotatory acfivitics,
40 the completion'ofeach decennial census, the Orrie;e ofPta&
sing and Research shall identity portions of the following af,ras
within this state which are urbanized or are sob •}ect' d u ban eat-
l�r't}cle 3, District Camra}ties'=
potision another irreversible latiduses which would preciuds tii}n<
et"al extraction.
21.480, ]n carrying,out the ph'ywislons.o[ this chapter, the Word
(1) Standard metropolitan statistical ,"vrphs and such otltq .
may establish distracts and appoint one or more district technical
areas for vvhich;inlormution is readily avaiitible.,
(2) Other arealas,may be rcgoi:stcd by theboard,
fila! to accordancewith a time schedule, and based upon guide-
!',:tin adopted by the board, theSa6te eologist shall classify, on
tuts hack solely of geoir+gic factors, and without regard to existing
lea:ttd uje and hand owrship, the areas id'ehtified by the Office of
plWituing and ltcsearch..;any area, forwhich classification tins been
r ip.oued by a petition which .has been accepted by the board, of
a.�iy .rather areas as rnAy Jx specified by the board, as one of the
eMaowmgt
(1) AtCt1Y Cgnt i3I'n�' little grnq'titilleral;depgslGS.
(2) Arcas contaming'significant miners) dcpcHlts,
(3) .Areas containing mineral deposits, the significance of
which require,% further evaluation.
W Asit'is conipleLz4 by county, the State r3cologist shall trans '
e-,,tt such information. to the hoard for incorporition into -the state
pv,)licy and for transrru tuj to read agencies.
t23
6'l. ta) Within12' trtonths of receiving the mineral infor-
tnwiotr described In .tion 2761, and also within 12 tiionths of
rhte xlesagnation of are zrca of statewide -ar regional signiricance
athireaks�urisdiatioiveryle;tdaMencyahatl inacco'rdancewitlt
;ita, u policy, establish: rarncral resource management policies to be
L,,-,worporated in its grraeral plan which will;
()d Recognize mineral information classified by the State
Geologist and, trzasmitted by the board.
(2) Assist in th,, twanagcmentorl'and use which affect areas
of statewide ar dregiona) significap4c.
(3) Emphaslzk die conservation and development of iden-
tified mincrat &Posits. _
th) L-tmry lead 41gem-y shall submit proposed mineral resource
rmmagcrnent polietcs M114thoboard for review and comment prior
r�adtiptlon.
4c) Any subsequent ,amendatent of the mineral tesoured man-
nentpolicy prevleicsly-reviewed by the boiird shall also require
-
reiiew and comment by the board.
(dl prior to'permittLq,a use which would threatcn the potential
tai extract minerals its zm Area classified'by the State Geologistas
aro„area described liv paragraph (3) or, subdivision (b) pf Section
'1161, the lead,;agenq may, cause to beprepated an evaluation of
rife area in ordct to ase is sola the significance ofihe mineral deposit
WaCed therein. The r Milts df such evaluation shalt be transmitted
to the State Geologist and the board,
f 1763. (a) 'Lead ggiebcy land use decisions Involving urens des-
ignated as being, of regional signtfieance shall be in accordance
with the lead agency`, funeral resource management policies and
stall also, in balaocitxg titineral values agaitistalternativt land
ups, Consider the, iM1P0jrtance Of these minerals to their market
region as a whole and calor justtheir importance to theleadngcnWs
area. of jurtsdietloh.
(b) Lead agency latah: ose decisions involving areasdesignated
Is being of statewide significance shall be in accordance with tbf
Peart mgehcy's mineral resource management policies find shall
also, in balaricirg min_=l values against alternative land uses,
consider the inaporlanet of the mtrierai resources to the state and
nation as a vvliole,
§1164. (a) upon the request of an operator orother interested
persq,h and "payment Bye there nesting, person of the estimated cost
of ptticessing the retlue,�t, fire lead agent' havingjurisdiction shall'
amend, its gci criil plan. or x-tepare ra htw spccifie plan of amend
any ppplieable spoeiile pl&' , that shall, with tespect to tho con- '
tinuation of the existltjg,surface mining operation for iMifelt the
request is made, plan'ifor fututd land uses in tileVicinity'of, and.
access route,- serving, the surface lttining. dpi<rarign in 1Ight of the
importance. ofthe. tnlherals tel their market region :as a whale, aitd
not just their importance to the lead ggeifc}ti% Aieaol7jurlsdictien.
`3
(b) In adopting arnendmetias to the general plan, or adopt,3ng or,
amending:a specific plan. the lead agetley shall riuAd written leg-
islative findings as to whether tho future landusc,& and particular
access routes will;be compatibla;or incompatible r%ith the Contin-
cation of tile, surface, mining operation, and if they are found to
be incompatible, the findings shall include astatemcntof the rea-
sons wh'v ;hey are,to be provided for, notwithstanding the impor-
tance of the,minerals to their market region as a whole- or thein
previous designutinn by the board, as the case .may he.
(c) Any evaluatiL. of a mineral deposit prepared by a lead
agency rot the purpose of tarrying taut this section iball be trans-
mitted to the State Geologist and the board,
(d) The procedure provided for in this section shall not be un-
dcrtaken in tiny area that has been designated pursuant to Article
6 tcotamencing with. Section' 2790) if mineral resorirce manage -
merit policies have been established and incorporated in the least
agency's general plan in conforinancewitttArticle » (commencing
with Section 2755).
Article 5. Reclamation Plans and
the Conduct of Surface .Mining Operations
§2770. (a) Except as provided in subdivision (b). no person
shall conduct surfaci: mining operations unless a, permit Is obtained
from, and areclamation pian has been submitted to, and approved
by, the lead agency for tile operation pursuant to this article.
(b) Any person with an existing surface mining operation vvho
has vested rights pursuant to Section 1116 and rvho does not have -
an approved reelaniation plan shall submit a reclamation plan to
the lead agency not later than March 31. 19M if a reclamation
plan application Is not on tile, by March 31, 193$. the continuation
of the surface mining operation is prohibited until a reclamation
plata is submitted to the lead agency. For purposes or this subdi-
vision, reclamation .plans may consist of 611 or the appropriate
sections of any plans or written agreements previously' -appm"'ed,.
by the lead agile), or another agency, togethervvith any additional
documents needed to substantially meet the requirtncnts of Sec-
tions 2772 and `2773 and the ]Cadr agency surface mining ordinance,
adopted pursuant to subdivisloti (a) or Sectlon 2774, provided that
all documents whlr:h together are proposed to serve as thkF recia-
tabun plan are submitted 'fat 6pprat-jt to the lead agency in --
cordance with this chapter. Tltet lead agency's revieW oftbasc p1mis.
is limited to whether the plata substantially meets the requirements
of Sections 6_772 and 2773 and the lead agency surface oohing
ordinance adopted pursuant to subdivision (a) of Seetion 074.
flan,, that are judged to 'meet the intent of this chapter shall be
apprt,ved'for the ilurposm of thischapter, plans that are judged as
not substantially meeting, the requirements of Sections '2772 and
2773 and the lead agency surface mining ordinance` adopted put',
suant to subdivision (a) of Section 1774 shall be returned tel the
operator within 60 days, The operator has tats days to revise the
plan to address Identified deficiencies, at which time the revised
flan shall be returned to the lead agency for teviewt and approval:
Except as s:pdLIf;.d by subdivision (e`), tdl. or (t). if plans remain
unapproved by July 1,1990, thecontinuatioftorthesurt'ace:Mifiltig
operation is pruhibited until a ttelamt(tion plan is approved by the
lead agency,
(c) Ahy person who, based nn the evidence of the record, eari
substantiate that a lend agency his failed to act acCotding to dud
process, or has relied on considerations not related to the specific
icquiremehts of Sec(lons 1.771 and �,M and tho lead agetncy sur-
face mining ordinance adopted pursuant to sub&vislon TO of See.
No 2774 in reaeh ng a decision to deny approval of a toddMat)on
plan, or bas failed to act within a reasonable time of rcaeipt Of d
aoirtpltted appliaatioh,'nay appeal that action or Inaction to” the
board.
i
IdY `Che board may decline to hear an a `
bat theappirit raises nosubstunt,fa ear go ap '41 ,it dctld a ten ,
tit 'C1ie sire acid 'degaM description or die }aria]+ that 'Will be
1 tS review •pursuSh to`this section, � affected by such o
40 Appeals tical the board does not clecliro fa >ltcttt shute be pc rattan, a map, that,includes Jim boundaries
and'to +� rn hie �^
P p d-�at)s o1"such lands, a description urthe l .moral
ssb, dulctt and heanl at a public hearing within dS days, tde gr+XloEy of the area,'a detailed drsrr,iptfon, o Circ grulary or the
6itlirag Or the appeal, ar tiny longer period as may be mutuallyarea in which Sura „e. mining
ill streams; r,�, d fi r �s to be conducted, the arication pr,
a';�'tced upon by the board and :the person riling- the appeal. In F.watf g an WPP01. the board situ}t only drtrrnrint vvhctder the rat reads, and utility i cillties s hhfri, orad.
p?aei substantially° inects the requfrtiments or.Sectians X77e and Jnr eat st sued lands, the lornt an mail Prtypared accCsy roads to
addrnnstnrcted In rondurtin
be r
and the Icad agency surroce anining ordinance adopted put= landssscs of the owners neat] s centrSuch a t! nUrnr ml ntcre51s brsurh
�Ulytit ttr subdivision (n) ui Section 2 94.
MV,r requirements shall bo tpproit 2 A piaplan.
lan.ju d th dged to n eel
M description or,and plan cur the type oCsur>nae mining [a
r i? t requrremcnis shalt be returned it) the person film the
ect
be nOt's employed and a Gme schedule that will provide far the com-
{r+d a Hotter of dctipfcncirs, Who shall bey g appeal Motion ai'saccate mining on cacti segtnant al the mined lands 50
f va+Xd +Xf 30 days to corrct;t the rioted iletact� ictet3 and on
only,
a that reclamation can be initiated at lhr enrlicSt pasribtc time on,
r+^�gss'�plan to the Iced agency ror review and approval those portions landsthat Will not besubject to rurther
1.i�A`Mta ny crnrorcerncnt action whied ntay be brought against an (g) A description then or ce reing operation,
disturb trier by
r writs vrtited ri hts ursuant to Section ..17Crahall beheld the 48oarc, nun
Ift At, anca g P P posed use ar potential uses or the
vi, efb) Or to r45olutio of an , nppffc;ttion pursuant la subdi- . ,. A
lnte afterrcetamationand evidence that;3l1 awalet$ orap(tlssessory
InlerWt fn the land have been notiried or the proprr5crl use or
c��::t t+a subdivision tel..
appeal t'tlt.d With the ba;trcl Pur, potential uses,
NO-year1 rfaceminingtapt'rationsare Proposed inl Adescriptionofthc.mannerinwhichrcrlttmat[anradCyuaCe
P p for the. proposed use Or potential uses Wee be,arca
liteexlIllsUranceeRata&la silo,in sue stream, as shown in ane � a( � includin
7t)-5 14henr5rrsu
fly
psissuedhythe ederalpmergencyMan> g" mplished,
" lag�t„I� IXC Agency, and within one qbile, upstream or downstream,
rl
ttfr�,ytatc highway bridge, the lead agency receiving the a pfi- C' t a desrripttand Miningortt,waste Will be disposed;
will
6e cnntrolled
�.ar,�r>��J'+�rtlrerssuancrorretrrwalo(`apermit toronrlue;ithesur�acc p +�'d
ffrirt alt a pli atisan shall notify the peparirncnt titTranspOrtat on affected stream bedellann is andstr which rehabilitation dit of
has been received, 'Che Departmentreantbanlstaaondition
itirfloliwi ;shall Crave a orTrans- g n and sedimentation will Occur,
period or not more than X15 days tq review ft) An assessment oft
minimizing crusta
he
" nine r>arirrhent ret the Proposed surface 'in
ining operations with
ss.uf,pc� to an} Potential damage tat the state highway'bridge tram rnatian plan un future grin ng ntile ~1ret Of Plementatian orthe recla-
rtiXprrrryarasedsurfacc ronin (i) A statement that the
& oPctatiuns. 7 hcicad agenayshatI not persais submitting the plan aecepts re-
rtr t'cnrw the permit until the 00partrilent of Trials - no
ilio s sctatiitted its comments ar unit] �t5 days frorn,kde dace C}ir sponsibillty fortrrlafmfng the mined lands in accordance vkfth the
reclamation plan:
=_i ilalce rciarc for the permit rv's submitted, which ever occurs first, y (}r) M nthcr,inrormatlon t hien the lead age rraa ,
# 1• 'Whenever a proposed surrace mining operation is b mina ice, g Y ? require
tutrrjn tlXe jurisdiction of Ceti°a Or more public agencies, is a per- §2773,
The reclamation plan shall be applicable to a rspeci '
-utted rade within the agencies, and is not separated by a natural Piece orpropetty or properties, and shall be based upon the ch,
atrxnatiMade barriercoinciding with the boundary ortheagencies, e t
e evairr r[iQn uftheprappsed o c theitryas type of overburden, sc.l stability, Topa gra h P
actor t7f`tht surrounding area and such ell araeterjstics nrtlie
k=ncy Bn :accordance with the proccduresladtsptrd by the lean � prinefpal mineral con nnot t es
climate, stream rhartctenstjcs, and
a�rt~nr pursuant to �$cclion 21714, to the event that a dispute arisesdance
agency shall ado
a:s oto Which ,public agency is the }cad agency+, any pub je agcacjr anti With policy ch r tabllsh pro%t Ord fi lice$, aceta
t+X„�iclr is a party to the dispute miry submit the matter to tdc board; re'ti it
Pero! orreel,�tnation s and the Issuance ora
a, ld,tde board shall designate the public agency: which situ]] sera conduct surface mining + Permit'
ar' i lXe l agency, giving due ronsfdcratlan to thecapabilityof without an activLk t aperatfons, except that any lead agent,
surlple mining Opera
f,tion in its Jurisdiction may
defer adopting an implementing 0 J nahce until the tiling 1 a
arch .agency to fulfill adrquaicly, the requirements of this chapter
sit*�
y hartlrepubl`�a r clrsh. rftirr tri
2Uatrexanrinatitrnorahic g n permftapphcat,on,Suchreclarssatf'ounndperntiturdinanhnior-.
Pei ut respsrnsibilit P P establish procedures requiring at least am public hearing ate
TheteclantLticcnplarrshali l e riled With tlteleadagency l tXrklic lnspt ctionc or surface ttrining oper publicIJOAS, near nand
xssa at forrXs pravtded by^Clic lead a gene r b an elude provisions Aot liens. su.rrty baaris+ or other sccuan d m guat-
g y + y y Person who ovvnsy antee reclamation in accordance with; the r•eclumation Milato
n. Such
Or vase controls or operates on all, ur any puritan Or f ordidanres shat] be prriot}teat]
max-1111hed ands, and who plans to cubduct,,leo�ure mini
clea:,'ems thereon ng o y ►Os°Xetved b
Y
revised, as necessary, tri order to ensure ihti the otdinance enn
T?hu .rectamA1IOn ]clan shall include the rollo�!ing lnrprmatfan tinue to be in accordance with state policy.
anrlorumenisa (b) t.cad agencies shall entity the Starerologfst or the tiling
to name and address or the apewaipe and the na�n and: Oran application fOt a permit to candup,t surface,,'Xtitnn = o
dd +r5rs or any Persons designated by Fttjn as his agents for the rc) OrlitNucstot`alrad noncy, theState Ccologfst Irafurnish
t
ervYtr of process, technical assistance to assist lh the; review tai reciantatan plans.
tip!'fheantiiripatrdqunnitt an t eofmineralsrorwhichthe: .§t277�3, The board shall rcyfeWlead agencyotdirtgncesvvdich
surf �e mining, operation is to be conducted, establish pertgft agartcclamutfonprtcedutcs iia tli textnlni whether
O TIM Proposed date$ for the initiation and tcrtttiri5tfnti nfsucH each a'rruiatiee is in acctlrtfanre with stake policy, +prrx3H,un> the ordienneo as beim in accordance with tail P0.1 icy it ade.
! k The maXimum antielpated depth or the ,,acture mining quafely beets, of ftnposes tequirettlehts math stringent than,, de.
' tan• ✓~ Califarnia sUri-ace turning acidrec}atnatian policies andthe
duns established by the board Pursuantto this t haplcr, >'race-
,
?i 12771,5. (a) ff, upon review Oran ordinance, the board Finds
thA it 1y Min accordance: with, state;, policy, the board shall
erson Who obneed to nigh
rue
eom-
rr; strl�ttte the ordinance's cTefr'eienrics In writing to the lead
ag,'t1uy, Ilptrn receipt of the written communication the lead
st�rfaceGtrin ng gpc�t ons as c�
January sn`ar'l b�
quired to secure a permit pursuant to thio chapter a:�t tong as alto
chapter
argeiri;y shell have 90 drys to submwt a revised ordinance to the
b0dld for certification as beZng in
vested right continues and ars long as nos changes are
made in t)To aperatian except in accordance with t1tlK chaptt r, .1
.accordance with state policy,
f tau board shall rea+isty lite !'gad .d envy's revised aCdinancc :for
"cc
ccrllfJcation within 60 dajrs of its tetcipt, tF the lead
person shall be deemed to have vested rights tf, prityr tb January
1, 19 orsftc has, in Band fitillt andin reliance ultrfit a Permit
agency does
tint 1Jtabnlit a reviser! ordinance within 90 days, the board shall
a:gsuata►• Cull authority for rev,evr,ing and approving reclamation
ar other. authorization, it ithe permit or other authorixatian, a5
required, ditigently commenced serfage mining operatin rs and
incurred
pl°attx submitted to the lead agency anti' the tithe the lead agencys
fwdolances are revised in accordancc with ,tare
substantial liabilities for work and materials necessary
therefor.. 'Expenses incurred in obtaining 11) enactment of an or-
dinancc
policy.
M) IT, upon review of as lead sg ac 's rv3vised ordinance, the
bminj meds ti►e ordinance: is still not in ;accordance with
in tclatittn to a particular operation or the :issuance 0o a
permit shall not ba deemed liabilities for work or materials,
state
polivy. alae board shall again communicate the ordinance's deli-
The reclamation plan required to be filed under subrtivlslon (b)
of Section ''.770,
cte art x in tvritin_ato the lead,a9cricy. The lead agency.shall have
ar soy 9 period in which to revisetha ordinance and subm.it
shal apply, to operations conducted aifterJanuary
1, 1974, 0, to 1V conducted,
bo ardr
it t°�i till" board for rrc�ety: f f th board again ends that l e revised
construed as requiring the filing
tr'dowce is not in accordzi c�e with stale policy or if no revision
b s(ibmi`ttcd, the. board shall assume Lull authority for reviewing
of aorcringinthischaptershaltbe
matron ,plan (or, or the reclamation of, shined lands on
Whichsurfacz mining operations were conducted prior to January
undkpp,rovingreclamation platinsubmittedtothelcudagencyugtil
the trine the lead agcn dinances, are revised in accordance§
�' x or
1= 1916.
777 Amendments to an approved reclamation plan maybe
with state policy.
10 to any jurisdiction in which the lead agency does not have
submitted detailing proposed Change$ f*tim '; t)riginal plan. Sub-
stantial deviations from, the original plan shalt not be undertaken
.a cathed ordinance, no person shall initiate a serfage minm
until such amexrdmr nt has been filed with, end appCoved by, the
lcadapcnc
t►peration unless a reclamatiorti plan has been submitted to, and
I ,
appvm d by, the board..tny reclamation plan. approved :by a lead
ti .
§2775- Reclamation plans, reports, applications, and other
agcttu .undcrthe acid agency's ordinance which was not in actor-
land; with state policy at the time or approval, shall be subject to sub
j
documents subrr3tteti pursuant to this chapter are public records,
unless it can be demonstrated to the satisfaction orthe !tad agency
art,eraxJrnunt by the board or under the ordinance certified by the
that tale reiease orsurh informations or part thereof, tv°out,: ,�yeat
lboard as being in accordance with state policy
production, rt �xwes, or rate of depletion entitled to protection as
(d) Reclamation plans approvers by the board pursuant to this
proprietary information. The lead agencart y shall identify such pro-
rafuturc date but may be amended by the board, Reclamat n nns
nf�Crrrrr sh � not be subject Ro rnodifieatson by the toad. agency p ��_
application.
tthe Pro-
p ca the State
pncta y information shall prictary, information as .1 sbeam adrate e availableof onlyto
► rr,"Mdb .thcbord-shall berematnded ttrtklead agency tt ai
t.ertisication of the lead a en
g ry's ordinance,
Vcola,gist-;tndto�ersonsauthartred In tvr't`
r rngb) theoperatoranrl
by the owner,
and the lead agency
agency
t,l.atf approve the reclamaiion plan as approved b_v tire, board, ex.
;A ropy gf all xeclamatioit plans, reparts, atpplicatians; and other
4c,1' that a subsequent amendment as may be agreed upon bettvicen
documents submitted pursuant to this chapter shall be rurnished
du:
r
li i
q
cgtn Jett in any Aay,limit'th tnodiry the righty of any person to
+~Vt►t lcte any deitl'opment thin has been riuth �4ursuaa
activities pin federat lands disbursed by the United States Crich
a.rcd to
pall coraXitenring with Scc'tion l I lel or bi lstott ?4 or the
'014illcss and Prorc; %Ions Codc, pursuaOf to the Stlbdivision Map
r1scai yeartn'thisstatepursuant toSct ibn 3S o thehll-itt rat Lands
Leasing Act, as amended (�0 U.S. SeC, l y ), shnil l!i'u deposited
in. posit
Ad fAivFsion (aornmencing with Set;tiun G6110( of"I fle'7 or
mdnt ), ar by h building permit ttr ather iathor
the i7to
tfie Surface ivlin ng and Reclamation Account tlt liti< d
]find, Wtalch account is lien y created, and may t?u iKxpendCd
c nce(
zaEtlo;l to t oRtmence tirlapnicnt, upon which such person relies
,and flus changed his positipn to his Substantial detrunent, and,
upon appropriation by �lhe'Legislature, for the pUtl}tl t -5 of this
clipp"ter, However, if in any fiscal year, the amotttlt ttf ntoncy
disbursed to the state pursuant to Section 35
wi'iislt perrnit nr author. izauon Was Issued prior to the desl nation
Of ?.ouch area pursuant to Section 2190 Iff a developer ha,5by his,
of the 14i1tlCritl. Lands
Leasin Act is less than twenty' million (,)Ijars'(S20,0()O Wk), then
only
o4 i~ohs taken in reliance upon prior regulations obtained vested or
ofller legal rights that'in law Would have
the first one
a million one hu,adred thousand dollars
(Sl ,100,40 of that money shall be deposited in the Surface Mils-
prevented a local public
tigewy from changing such regulations in a Way adverse to his
infer c,,5ts, nothing in ;this chaplcr autFtprize$ any governmental',
Ing and Reclamation Account ror, the next rlsCal year.
(b) Proposed eXpenditure! from the account shall be included;
in included,
agency to abridge those rights,
The board Mayo by regulation
n separate item in the Budget Bill for each fiscal year
tirot
sideration by the Legislature. Each appropriation from the account
'it0793, adopted after a public
_,tar Lilly
r1 'statewide or rag,0161Aly oi�Whollyi else designationiding that th
tonet si ntfncance on a
shall tie subject to till of the limitations contained, lit tilts Budget
Act and d All other fiscal prescribed bylaw' iVith ie
sped to
diral involMment of the board is no longerrequired,
the expenditure of�rpccdures
este funds.
Arricle i+,. Fl5CUi Provisions
Stdfp Slafutes
Ch. 9,17iv. 2, P.R.C,,
27"l5, (ai Ndtvvithstanding any other provision of law, the
tot. ,two million dollars {S2,000,00% or moneys from minim
Revised 3-88
r.
a
Inter-Departmental Memorandum
i
TO: Planning Commission
FROM: i David Hiran-mus, Planning Staff
SUBJECT: The ;Energy, Natural Resources and Recreation Element
DATE: June 12, 1:91
y
}
the eintentc hearing far the above referenced project was continued to June 13, 1991 with
of xeviewtng the response to comments prepared by the County's consultant o
Pursuant to the requirement of the California Environmental Quality Act. T'4vo things
have happened since then to require an additional continuance..
First, In a recent telephone conversation with the consultant, Staff was advised that the
responses to the written comments have been prepared, but that responses to the iteltns
' contained within the minutes (and tapes) of the meetings had not yet been completod♦
fieraust of significant changes in the draft that were suggested by many of the comments,
the consultant has requestc;cd that once the re.;ponse to comments are finished that there
be a meeting with Staff to disc�lss the responses and to possibly
Due to schedule conflicts ling will probably take ace sometime dust ring the week �
Place
of Stine 17, 199;1.._ g
Second, the continued h� ,us inadvertently dropped from the June 27, 1991 agenda.
This omission was not dis;.;.,,vered until the day before the scheduled hearing. Since the =i
hearing cannot be posted 72 hours prior to the hearing pursuant to the requirements of
the Brown Act, the project must be rrp. pursuant hursuant to the requirements of the
1Government Cade. BECAV99 THE HEARING WAS NOT PROPERLY POSTED NO
DISCUSSION 'CA,N 'rAXE PLACE AND NO TESTIMONY GAN BE HEARD, xhe only
actr�n the Commission carr take ;is to .Continue the hearing. The first meeting that is
aysi labte for a Published
d y � hearin of this nature is Jul 25 1991.
g
it is recommended that this hearing be conn
Commltferl open until the July 25, 1991 Planning
ission meeting :and rt:pubYslied for the 9:00 a.m, block.
DkH:bd
tki
7
,r
Inter.Departmental Memorandum
`CO: Planning Commission
FROM: Planning Staff
s%
SUBJECT: :Energy, Natural Resources and Recreation Element' File 87-44 A' B, C'
BATE: June 18T 1990 i
The Draft Energy, Natural Resources and Recreation Element will become an integral part
of a series of elements which comprise the Butte County General Plan. Ii is to be a.
comprehensive and internally consistent long range statement of Butte Coll"ity's-energy;
resource and recreation development policies. It will contain policies ailed objective
statement relative to resource production and protection and will provide implementation
measures to accomplish its goals. This element will serve as both the Mandated
Cbriservation and Open Space plans as required by State Planning and Zoning Law. It will
also provide the optional elements of .Energy and ;Recreation.
Gapies-
of rhe draft element were delivered to the, members of the Commission in late
December and the Draft EIR was completed in March, Because of the ,length of the k
document, large amounts of'information and !?olicy statements, it i„recommended that the
Commission considerholding multiple hearings and limiting comments at the various
l+�earings to specific sections of the plan: Most of the comments received to date, and most
ofthe discussions at the Citizens' oM Adviso C
ry mittee meetings have focused on the Energy
and Natiral Resources sections of the draft. etenlent Therefore, it is suggested that one i
,entire hearing date may be devoted to energy, another to Natural Resources; and a third '
hearing date devoted to the hatard protection and reduction, recreation, and. open. space,
sections. It should be kept in mii►d that while these are separate sections, they are'inter
related: "Therefore, comments and testimony taken on ane section may be
other sections as well`, Y applicable to
The element has been circulated for public cbmment: ,I1rZany comments have been rec-AN,gid.
Whose comments are attached for the Commission's reviewi
The CaliforniaCalifornra 1✓nergy
Commission comments; that consist of marked 'up copies of the Draft Element, are quite
-
in and have not been included in the attachments, but are on file in the Planning
Department:
9
rtifENDAT QNS,
.RI�COti � � ,
Open the public hearing and hear general comments from the public on the entire element.
y i : ring open to the Atly 12, r
If deemed necessary b ' the Commission Then contrnue the hearing
,
�oreem„gnr
{
I� �s mutually agreed that the following changes
additions are .hereby made to the :Xgency's
and
Filth the Staten
water supply contract
1. Table A Of the contract is amended
to read as follows..
Year Total Annual Amount
1IR, A re�f_Pr
1968.
1:969
300
1970._- _
350
1971
400
1972
450
1913
500
1974
600 ,
1,915
700
1976 -
1,050
1977
1,400
1978
1,800
1979
1,200
1980
1,4.50
1981 - 2000
1 .100
2001
1,204
and each succeeding Year.
thereafter,_
_ fOr the term O:t
this contract as a Maximum
Annual )Entitlement:
27, 50'0 Acxe-�ee4
2 ,Subd" vis ton,
(c) o Article 7 is
f011:ows
amended to read as
(c) 1n rats in Annual En ; tlempr
�
Beginning in 1991, the Aenc
g Y May initiate an
increase in the afii l entitlements UP t0 :the Agency `
�nntlal EntLua
itlemeht of 1, 5.00 ac re-faet by at
s Maxum
least 500 acre-f.eet,
Subjeot. to thep�t
amended in ovisinris 0f Subdivision (,c)
paragraph 2 of this
Of Articlo 7 as
agreement.
3
in each annual increase by giving written noticeat least 15 months
before the October 1 of the year
before the entitlement increase
Would take, effect. A shorter notice period may be used if the
$tate determines that the Agency faces hardship condit,jone
.resulting from public health problems. *;is process for incredaing
annual entitlements shall not
be used for redo ing annual;
otltislements
3. Nothing in this amendment
shall be construed in any way to
affect either party "s rights or obligations under the county of
origin statute: (water Code section
10505) or area of origin statute
(Water Code section 11480-1.1463)
IN WITNESS WHEREOF, the parties I hereto have executed this
contract amendment on the date first above written,
Approved as to legal form.
STATE OF CALIFORNIA
and., sufficiency-,'WATER
OF WATER RESOURCRS
171
Chief Counsai
Director
Department o#: Water -Resources
COUNTY OF BUTTE
�u�e Cs�un?y Ca1rs�i
Signature
td -.14rLAuohli6j
Name:
Chairman of the Board
Of StPervisors
_ 4
'� URGENERAL PLAN.REvrsION' FOR
ENERGY.
i:' TLRAL RESOCES AND RECREATION EI�E�i
T ENT �
ReVi-sion to 05. l Fare :Hazordo %
1 E.;istinst and Potential t a.sards
The California department of Forestry and Fire protection and the
butte CbUnty Fire Department protect an overall :area of a.nnro:imate1r
lo800 square miles, kith a population of nearly 100.0
0
0
. The Fake
TWensrtmen,t operates with ;si. te,en full-time stations which responded tc
4 total Of 8,122 _emergency alarms in .1690. Fire
Department a`ti,�<ities
Ohich are county.-wide in nature include, 1) Watershed fire tOr:oteetion
t,,hicfi benefits all county residents b preserNrin9 critical saa.ter
supplies, recreational opportunities, t-iec.s and wildlife habitat; ?
EnterDepartmental coordination of all mutual aid fare and rescue
i
j
resources between federal state, counts• and cit r ag�enaies : and ; 3
Bach:-urs support for the three Citi) departments on virtually all
•
multiple alarm incidents and some first _al.ar:m .incidents:
the "o unteerFirefi_.hter program z,rOvides first response izf the
most
Y �- and ' 2-
rural areas in. �.he counfnd bfi�-.»un n the more UrbaYei�ea areas tt`tki
high rasbonse levels. The Program aorisists of U:entsr one comps
tlieS
xitr� a combined, staffing of 42
0 volunteers,
In a:ddition to the
Volunteer Fi.refi�hter Progtam: the Fire Department is aided by the
Cali is rril a bepartinent
Of F'o.restry and Fire Proteoti on kl z
tedto Fire
Protection District, Lf.S. Forest Set*vice and the Cities of Chieo,
0-t6vil;le and 'Paradise. The ClLtiesof
Gridle;t- and Biggs cti.rrent:�z-
'-'ofttr.1dt t�th CO/Plate cquntifi . Drtmeo
nt fr
�". sire' eap � fire pra'cec-tion�,
i
In "'Cent PlMrs, fires have been more frequent in ttre v.althan in
the mountainous; areas of tho' 0ountt
Froin 19$1 to 1*98$. ah' &Vetage of
,66.2 fires per =par occurred in the valle - compared to 473 fires
Ln the
foothills and mat;Xntains.. Most of the fires have been
grass
fires :near the more populated areas of Chico Durhat. Richvale, '
Siggzs,
rtri.dl,er and Orovi116 and aloes the main roads connecting
these
��mmuntie_=..
400t of the county ,is classified as .a moderate sever ter fire
ham -rd'
wjtsz manly, area-- :-eachi'n? iota the high s;everi.t-y classification
(Map
-4 of the 'Safety Element) . The '-foothill and mountain areas
of
the County nose thee greatest fire hazard. These areas have
been
i assified as, e.st:reme sere*rity fire hazards. ' The e -pansion
of
,residential det e1opment into the foothill and mountain areas of
the
,county are c -o nt aident With an increase i n fire occurrences in
these
areas, Genetal a` t as the 'populationof the ountt t nrre4ses .
so oto
the eccurrenc ,s �f fir-- outbreak, emphasizing the need for enhanced
fir=s protectj n -_ery-ices and policies in the CourLt';i`.
i
WAIAf
SPATE OFC UFORNIA
_ _ XHE fiE$OURCES AGENCY
CALWORNIA ENERGY COMMI
NfItali STREET SSION P>[E w;cSON, tremor
SAC:RAMEWo C'
e A 458144512
June 9� 1993
p' Ms Betty Kircher
j Planning Director
( Butte County Plannin int
7 County q Departme
Centnt ;rK r•-nC.
Center Drive
Oroville �.A
' �'959G5-3397
Dear rets. K.irche,r. Ea
oo,44i
BUTTE CoUNTY� - Ot -
GRANT S OBLIGATION TO FULFILL SYTING
REQUIREMENTS FOR G AND PEP -MIT
RANTS 986-87..09 AND 99-88001 E
Sit' and Permit,
Ass lance Gr - As$ISTANC
ant No. 986-87-009
1'n 1987 `under
)
was a , the
'Siting atld �r Permit of Energy Commission ► s
UU9 Assista Assistance Pro (Comiaissi0
al -larded o n grafi► $80, 000
Resource$ Butte county to (Grant �o. ��
r and Recreation Element develop an Ener 986-g"-�
(EIR), to be incorporated gyp Natural
completion of a a n ,ironfiental Impact Re
hese into the Purr
postpone p cdcuments 1 s General Plan.
adoption of the ' the County fiade After
?"eisohs to Element and a decision to
General Plan its entire General p ETR until
has taken much loAdoptionp i completion of
has not res o Ado tion of the revised
E'le ent a . I' nded to requests for anticipated, - -
nd .EIR. a letter of The County
and Perfiit Ih order for Butte Count intent to ado
Assistance Grant A y to fulfill its St the .
I I S and conditions greem,.t obli icing
requests the do Grant No. gation as stated in tie
following daoumehts b 986-87-00- the
o y July '12� 1993_: Comfiission
A letter of intent,
the Rner eta rce the. County t,s intention to
and gi.�inr an estimated da es' and. Recreation Ele adopt
e
of adoption. merit and EIR,
° Completion of
r A. through pa e a Fiha1 Admi stratiye Re
gpart
G: o e as ou`tlihed on
anc�aPen nt IVianualI inciud , the enclosed
rmit Assistance program nmplet�br of t ed Grant
e final Element %thell
enclosed Siting'
t,heil adopted b , and three aop�es
of the y the Count
Shin and. Permit y,
Assistance .;Grant,
In less 001
r under, Mound 5 of
Assistance program 10j,)212-.80
Corhlriissiot's 5tin a
to ButtE+
facil t County to $prociLfce' 8U (G dnt NO* 992-88'-0p and permit
1 ate Count. a Geogra hic 1J Was a�irarded
Y Planning efforts. ' Thtb.-mation
p Bystez to
The Gx� Was. cont
feted by, Lju,ly
tE4CF GUFORMA.--THE RESOURCES A i NGY
,.'CALIFORNIA ENERGY COMMIS r
1$1614INTJi STREET PETE'' 1501% Goremvr
3ACRA1AtNTO, CA 95814=5512
June 9 r 1.993
14s. Betty Kircher
Planning Director
Butte County Planning Department
7 County Center Drive
oroville, CA 95965-3397
Dear Ms Kircher%
DUTTE COUNTY
N TO Q EMtNT3 FORIGR,ANTSp986r87-OOTING AN PERMIT ASSISTANCE
GRANT R UIR 9 AND 9D PERMIT
03.
Si,tin Permit Assistance Grant No. 986-87-009
In 1987, under Round 4 0€ the Energy Commissions
Siti7lg and Permit Assistance Program, $80 000
Og) was awarded to Butte Cot�rlt (Commission)
r (rant No. 986-87-
and Y to develop an Ener
and Recreation Element and Environmental impact Energy, Natural
(EIR) , to be ncarpora ted into t , P Report'
co �►p1 etion of these documents, the Co Mut General Plan.
Postpone adoption of the county made a After"
rev s' to its entire GeneralnPlazi, decision to
and Adaption of the tion of
General Pian has taken much ].on antic. . p
EIR unt11 com 1e'revseci
has nc�t responded-to requests dor a
ler,enf acrd EIR.
ger 1 etter of intent . toThe County
and Permtithe
it As$ stahcecGrant Agreementor Butte- COhligat�oonuaslll itsositinq
to ue and conditions of Grant: Nd, stated in the
requests fire follo4rin 985-87--U09
g dacuments by July 12i,1991 the. Commission
letter of intent, stating the County,s
the Ener
gyr Natural Resources intention to adept
and " ivin i an, Recreation Elemeht and EIR,.
c g g an estaniated date of adaption
Page tion of a Final Administrative
Page 10,. No. V. , A: thrr��tgh G. Report
Management t4anual, including com 'le.t.' as outlined on
+ of the enclosed Grant
p ion of the enclosed Siting
Assistance ProgrAm Questionnaire
an Permital Element when adapted b r and three eopies
Of the flh y the county,
Sitihq and ermit As'si"starlc
Pe,"Grarit No: 9"92:-88»001
lh 19813, under Rou»d 5 of the "Gomm"ssi6nis Sit'.
Assistance Program, a.ng and Permit
to Butte �,+sem ,nty to
$103 ��212."8tl (G�rattt No. 92 138-00f) was awarded
facilitate Count produce a Geographic palming efforts, g p Information System to
The GLS was completed by Jul.
oRoVut E- cAL1ra8NiA
JUN 141993
(s Ltow 4,): )a kt)
r �
I t
t
I t
l� __ : _, 4 _, _. ..
r � - �,
j..e . �.
.,� ' ..
y fiATim o CAVFOONIA=THE RESOURCES AGtt4CY
CALIPOR'NIA EN ERGY COMMISSION PcTE WIISON, Gotir6r
15'iG N,IWfF 6fiREEt — _
$ACs+-AM WQ, CA 958145512
June 9, 1993
144 . Betty Kircher
Planning Director
Butte County Planning Department
7 County Center Drive
C3rovlle, CA 95965-3397
Uear Ms. Kircher;
BUTTE COUNTY V. -
S OBLIGATION TO FULFILL BITING
GRANTREQUIRE2dENTS FOR GRANTS 986-87=009 "
AND PERMIT ASSISTANCE
8' AND 992-88-001.,.
.
itYna arad Pe�n3t pss�.stahc e
Gr
Grant No. 986-87009
in-1987, under ,Round
Sitin 4 of the Energy Commissions
5 and Permit Assistance Program, (Commission)
0()9)
$80 ppp
Was awarded to Butte Count , (Grant No. 986--g7-
F2es°urCes, and _Recreation
County to develop an Energy,
Natural.
Element and Environfiental Impact
(EIR), to be incorporated into the County's pact Report
co.Mpletion
of these. documents Y General Plan:
one a the County made a After
Postpone option
Of the Element decision
revisions .a to
t and EIR until completion o'"
entire General Plan. L
General Plan has taken Adoption
of the revised
much longer than antici aced
has not responded to re - p
Element Wiest& for A letter
uthe
and EIR of intent to�adopt
and Permit AssistanceoGranter fAgreementcobligationto ulfll
,its Siting
terms and conditions of as stated in the
requests the follow rl" Grant gc). 986-87--009,
Ing the
docuMents by Jul commission
y 12, 1993.
a A letter of intent
the Ener >'stating the County's intention, to
gYr Natural Resources, o
and Recreation Element
adopt
and giving an estimated date of aropton,:
a Completion of ` Re c
Page 10 a Final Administrative p rt
g o.
1 as outlined ah
V. , A. chrou h G.
Ma Granit
nagement Manual - including Completa
ori ofthea cosed , `,
and Permit Assist Pro` ram lased doting,
Of the final Element °nhaire
: and three dopies
when adopted pze s
y the county.
Sit%n and Permit Assistance Gran
_ t :240. 992-68-061
In under nd � of t
` he C�Sinmission s stirs ,and,
Ass stance Progr fir $103, 212.8o , .. 5 'Permit
to 8utto �Gr�int
count No. 992-- r
'�a _ � 8A d
.: , . y produce a C►1} Was awarded
facilitate County' plannYng .� nformationt System
efforts The GTS
by em to
auly
YI r�P
De artmentat Memora�n/tn
t,
Board of Supervisors
Froin Development Services, Planning Diviwlon
subject: Contract Amendment - Energy, 'Natural Resources and Recreation Element
Bate: May 17, 1993
The Consultants Michael Clayton and Associates entered into a contract with the county on June
Flan. The- contract- provided that the Consultant prepare the County General
28, 1988 to prepare the Energy, Natural Resources and Recreation Element of the
p p e Draft and Final Element. The
compensation schedule established performance levels/deliverables (Section F).
Because of the redirection of effort combining the Energy, Natural ,Resources and Recreation
Element into the overall General Plan Update a situation has developed
trrhere none of the avenues for completion of the project as set out in -the contract can be
,satisfied. Accordingly, the consultant is requesting an amendment to the contract allowing the
project to be considered complete and final compensation awarded. A. "Final Draft EEV and
*'Final Draft Element" has been completed in lieu of the final Elk and Element required by
paragraph F:g* with the agreement of the county. Printing of the final EIR will be done by the
County, The ;floppy disks containing the Final. Draft EIR and Element will be delivered prior to
disbursement of the final payment. The handwritten amendments to the contract rirfleci prior
changes to the contract_approved in ,Tune of 1992.- that were- inadvertently omitted from the
amended contract sent to the consultant for signatures.
f believes
that the Consultant has acted in good faith in,accordance with the contract and that
all work that could be reasonably-required has been. completed. Addin a ara h F hA statin
g P >�P g
nA finding by the Butte County Board of Supervisors that the consultant has fully complied with
file intent of the contract and that no other action by the consultant is required. °will allow the
Board of Supervisors to close the contract in a fair and equitable manner,
Recommendation:_
L Approve. the modification to the contract discussed above."
2 Find that the Consultants Michael Clayton and ;Associates have fully complied Viffi
the intent of the contract to prepare an. Energy, Natural. Resources and. Recreation
Element and EIR, and that no other action by the consultant is required.
TSON .OF ES :Bx AN i
A, GENER,e�'` p NDEP�ND
LAN ELE C0NT
y REP
IMPAC2 ORT AND�TD ENVIRONME��
Vas: AGREEMENT
by and between thentered
n n the Count into this 28t
Cautx yand Miehae y of Butte • h day of
contractor herein ar- l Clayton nere1naffier dune ,•1.988
..ter retrzed to and Associates re erree - to as
as ^Consultant► an independent
W I T N E S S E ``
the ��=EREAS, the Butte
preparation of County Board of ( element) of t Bier v,, Supery .
9 Natural isors has author
Butt � unt Reno .. izc�d
i+1?iEREp, the Co Y Genera irce� and Recreat re
county's Envro Californa 1 p a$; and
in �knvironmentalmental Reiew Guide amental
Qu E
or,the Impact Guide reality Act
Project the
and Port (here nafte he
re rib Preparaa ntof
of thehe to as "EIFt
.�.n.terest�' County has
Prepare the e1. County to obtain determined
'11ch services; amen= and EIR, and Cons• Servicesha`4. =a
S the .
Of consultant best
aLtaj.i
fcllowOW' TIME E �. =ant is - fieri �o per'- orm
s. she parties do hereby mut
A. Scone of ua1Zyrtgree as
se. Servi es
Pro- ices nro`v1I ea under thi �t shall -perform a7
.i act and
Pl an.nin ,. _ shall pert o can `` ac � in co `1 the necessar
9 D.�ctarf the In nnection i i, Y
followir a manner sat• w�h the
1.• ata 01 lg. tis to tAe
P., ea ` on
Draft, and PI-11a? Blement
e• PreDarat•"
the-laws Of a - Draft,
laws r rt
tope - aijorhi
noL l °1 SL ate of r r nt in a000
?mi ped
Goviarnmen` rdanog with
65560 r 1nC]•'udu2
ear 65561 •
Gtzidel; e5, �'I Code Seca but
8558and the 65302 (d)
�ommiss resruir,,enz,s 05076, GeneraY p
ion Grant to tztte Count California . I lari
madPr Set forth is Y 1988 ergy
Director part hereofExhbit A attachednr the .work
shall by reference -A'eto anc
cog review
in f the araf't �° approve � � The Planning
Print t� - ,w,
g he number, of emeZlt prior dministratiye
Section 5b draft to Conss�,tant
the element C�°nsultant shal1elemeni.s Quired
deemed make re
appropriate any Changes by, by the Plannin
Department rr ,
b. Revising of 4raft element
element. The draft element to,
Pb-Posed final
necessary to vised at
reflect the comments and concerns of
the Planning Director, officials of State Commissin, al
and local
agencies, the Planning oBoard' al
of
Supervisors, citizen advisory committee and general
public. The Planning Director shall review and
approve an administrative coiay of the final element
Prior to consultant printing the numb of final.
elements required by Section 5d,
make any changes to the element deemed COnsuappropriate
by the 'planning Department.
2 Preparation of Draft and Final EIR:
a. Preparation of a Draft EIA in
laws e with the
of the State of Californiaacc,
the
Environmental Quality Act Guidelines; Butte Countys
Guidelines, and. the work _program set forth in
Exhibit A, attached hereto and made a part hereof by
reference. The Plannidg
approve an administrative DCoactor shall ,review and
prior to Consultant pri.ntingy the nuke Draft EIR
aft
EIRs recruired ia, sect-.on 5g. Consultant shall make
any changes to the Draft EIR seemed appropriate by
the Planning Department.
b.�
Preparation of the response to comments generated
during the pub,lid review period p ,
p od ane? ublic hearings
held on the DrafEt ECR. The Planning Director shall
review and aoarove .,
Consultan� s restonses to
comments prior �o Consu:Lt'ant making agprop'riate text
revisions.
C.
Revisinc of Draft EIS '-
wo a proposed Final BIR. The
proposed Final. EIR shall consist of the Draft EIR
comments and recocnmendatoris received
Torg atim. or in On a the t - 0
h �+ summary. a
EIR. eit e..
commenting
�xations list of
VE'gLJ
P and public agencies
mmenting on the Draft' EIR► the consultant's
responses to significant environmental paints raised
in the review an, consu �=
minutes of all ublic hearings2Ohrougcess, and all
Of the Final ETh certification
3. coordinat ;on of Citizen Involvement
Ii. The consultant will bE� resvonsible for making
thendations on the composition and structure of
oR'itizen advisory carom trot
staffing and
2
+l
6 • Graphics':
Maps and diagrams will be
re
Pared for al
l invera
t
oriedresources, constraints and
facilities proposed location 'of
All graphics in the documents will be of
professional cruality and reproducible,., Graphics Kill be
one of t�iree sizes; 8 1/2" x tl"
All oii "final , 11tH x 17", 36" x 36".
g graphics will be clone at ;full size with ink
on Mylar. Black and white reproducible, camera-readart
work will include 100% info y
info
base, rmation on a :,cretin
7. Binding:
' g:
All documents except the initial study and responses to
comments
to be st,bmitted' in 3 ring binders with tab
dividers . Binders to be cl Larl.y labeled on the front ,and
spine with ti le,`date^ consultant �.
an�� coun - Element
arrd EIR to be submitted in separate binders.
information to be Furnished bnniy the P.1 anAin9 Director.- The
g avai ab Crary - resources and
Pr�r. Director sha ma e
file material cx� a public nature as may be reouested by the
Consultant, The County is not responsible for ienerat rg any
information,
formation, data compilation, or
oiisultant' s use in prepaying the element or Is fpr the
Time of per f or:�ance : The service= �.
commence: the as io�lowin si jos of consultant are to
Board; of Supervisors and shall beaundeatakenhandontract completedthe
in
such se;auence as to assure their expeditious completoo in
light of the uurrosa o f �-hf
�s contrast. In any event;
Consultant shal`comply with the following
L. F6ur (4} copies of � ,.
and submitte-- to the Countyin
shall be .completed
than August ? 6 e 1.988. g Depar�.ment no ;later
2 . r our (4 ) conies of the aamnistrative draft
be completed and submi
tub to eleme��t shall
the County P71A'ini q
Depaztment: no later than December 18, 1988.
3
Four C4) administrative draft E.I.
and submitted to the County Planning.sDepartt�enthall be cnoplater
than January 13, 1989.
4, Section A.? : ,.�
the a • above. ,,hal-1 1e completes and submitted to
i989Ccyunty Plan Department no later than .ianuary 20
4
r Section A.;�2.. a.. aPove, sha11 ° be comipleted an8 submitted to
g. P ri: no later than February�.�',
the Count , P1 in De artmne
'I
S Section" A'.I b. and Section A.2.c. above, shall be
completed and submitted to the:County, Planning Department
no later 'than lS calendar days after the PJanning
Director has .reviewed and accEpted. tle administrative
final element and administrative fi.n'al B.I.R.
,. Extension of Timer Consultant may, for good cause, t:equest
extensions of time to perform the services required under
Sections A and C above Such, extensions which are 'mutually
agreed upon by and between County and Consultant skull be
incorporated in Written, vtmenGuinents to this contract and
attached. work p-rog: ,art.
,iodated Damages:: The Cowity and consultant agree that time
�.s ar the �ssen,ce. Further, it is understood that in case all
the work called for under the agreement is not finished o
comcleted within the number of working days contained herein,
,damage will be sustained bie the County, and that it is and
will be difficult and impassible to ascertain. -and determine
the actual damage which C, Inty wil:L sustain in the event: of
,anti by reason of such delay. It is, theteforej agreed that
Consultant shall pad* County the sum of sso. oo per day ;for each
I'
-and' every buzi;ness day itMbnday through Friday, excluding
holidays) delay 'in fi.ni.shin(;[ th+a work in exces:a of the number
of working day's prescribed he;:e`in. Consultant agrees to pay
.such liauidate;dl damages as here.ln provided, and in case the
samia is not maid, agrees that C6unty may deduct the amount
,thereof from any money due or that may become due to
;Cor�sultant unae.r__ this agreen'ient .
:Corttnensation..
The county shall pay'Consultant, as comnensatian in full,
for all services perfor' edtry Consultant. pursuant to this
agreement, the sum of $1-23,990*
2. Contract-abfnvensation will be -plod by the County based on
houbs „of W,brk,. perfb mea at :.hey rates per hour described
in the schedule of fens i.rtcl;t�d�E:d ~ uherein. Said amounts
shall be pti�.a monthly, with t4d ;E611owizig holdbacksntil
scheduler) j?roj eats are 1, ompleted if necessary:
a Total bi1.? incs il"I exce;ltt of 15* of the contract'
amoUnt shall be wi,i;hheld until tho initial study is,
submitted
b Total billings in. ext:esis of 40% of the contract. l
f Is)
ght into nom li
remainin balance of theith „the
- Cour,.
Consults
;� c 1p�s shatorder,' any
be paid to thy'l
2.. All pa
Yments due .
contract and Consultant. pursuant to. tile to
director Specified accept, terms of this
shall be paid upon receiancee� b
itE:ni�es hours p of Y the planriizag
costs, exPended, Personnel an invoice which
el costs and material
4. All payments du
through F.2. e consultant P
9• are subject to pursuant to
Of the prev rsusly items F.2.b.
Sn��1l de;scz�sbed task.
silccessful completion
successfull not ve due until (�`.E.) Payment of
Y comple�,ed, r . 2. b. has been
G' Warranty;
l•
experts
warrants
arrants that
p its available he has -the -
element and x,TR t° ,help him in the exper`ise or has
agrees that ,. in a wor?emanlike preparation of said
reassigned its key p�ersonne? shallmt manner.,
re�nsultant
g to other duties w' _laced Consul-ani Of Count Wit-
Withheld. Y• Such appa�oval ,riot written acproval,
shat-� not: be unreasonably
2• Consultant
further warrants
legally adeo-uate than he will
California t final element Prepare a
Stage Law Genera � compliance
Energy Commission c--...— _ Plan Guidel' with
and sco a Gran;, to Butte _nes. Cali
P of services. County 1.,988,
is
legally If $-he ad'. the RFp
. y chalencred - consul � PC?uac�T of said element
modificatlons in the J._ W..ant agrees to t
or. that mal elemont recruited '-bramp;,ly 'make
are c�.eemed adyi:,able b
County �ourisel - to' the. Pla by 6he court
County for comply with State nn. zzc Director or
which case � the_ zeascnab law,, or reimburse le cost F such - + ..tee the
another the 'County shall have°'` s moa,ificat :on.,,
cansult,ant to mako maid the right to ret in
3°: Consultant. further currants
lecally adequate Final EIR thattaat he,will signi i'icazit -env- ,. Prepare a
ronmen�.al dresses all potentially
and as outlined issues 1-
in the in comtal,iance with
ademiacy of said Scope °f CEQ,A
agrees to EIR is ledall. c Sorvices. ,
promptly Y halle�aed If the
reaquired -bP y make h t icat , - �, • Consultant
Y the Court or that are deemed advihe Final Z4A
Pl�in9' bireetor or or reimburse Cotzty Counsel to sable' by the
the County far the =e comply with ctoA
modification. asonable"casts of such
right to in which case the
retain another County shall have the
consultant to make
said
- 7
MEMMMO
" d :
i
through, Plann'in D3 rector I�ecom ,. .
„h the , es aware info..
the element llic rearirxg new
Process rmatloA
cert-ificat - p= , to adoption 1 4
thqutes or,
of
technical the
scone of wc�;k � final. Z2R which
consultant outlined i�tudies above and 'be
shall' Provide this contract, 'beyond
compe:�sated an a time such the
the rate and mat dies and will be
basks as
and charge schedL�le outlined
incorporated on
yam, Terming
contract in this:
- =aj o- n —Of Contract;
Either ,. ,
to orbs_ arate�-
party May tz
giving the r Y la toZ�ys agreement at
termination Contractor rit,.en any time by
satis factoril shall b5 notice of such
said te;rninat on�mpleted prior to aid all work
the effective date of
If Coy
'�txactor shall
provis oras of thi a violate
to to greement, County °f the terms or
rmuy,ate this
County+s written agreement effective shall
have the right
event, all notice thereof immediatel
studies finished to Contractor. Y upon
contrac shl , r� putts or unfinished In such
t the prepared b documents, data,
become Count aotl o f Y Consultant under this
entitled to ec property, and the �1� 9 Director,
receive just equitable- shall
�Y satisfactory work' aA quitable be
akotwi,.hstanain a De rforned Compensation for
relieved of g iii above, Cons on
such documents
liabili` ultan�
the County b ,. Y to Count shall
Consult Y it tue of , Y for damages be
by
ant an' breach of
Coc1su t end" County may the cortrac t by
- _rant unto wzhnold -_
..l such, time a„ the exact amount e
cue county from Consultant ex payments to
I, Chances: 1'St aete ned, mages,
----- The bart;es here
chance the scope of
set forth liere.aaDovthe services �orvthetual w greem
to may, en
e in. this a amount igen a
�. Subcontracting: gre+-ment, °t cotnpeh at1On
oounty for a 4t Consultant shall
C '`h c4.. Consultant be as
Of` persons and o=',:ssioas full
either directl of his Y responsible to
r �. Y or �.ndi,rectl subcontractors, and
by is
ions oy. "Y etPloyed by the
. �o� the act.,
b. h and, amiss persons directl' ` m' az
Assianabilty: Y. employed
Consultation assicn .
su et th�s agreement or shall not
en consent of Y interest there, ' trans,.er or
the. CouA l:y�, ' to w.► thous
.prior wri,.t
the
rep�or s. map s ocuments ��o i r l�mater�.al
t roaucgE in whole or part 'Unaer thi's agreement ' ;�shal�.. be
subject to an app�ation for cogyriht br On behalf
'of. '
Consultant. }
ndemnificatibn: Consultant sh�le 5inae tsyandeem�51o5►ees frfend and om
,Warn ess t e County, its Officers, 9
and against any and all claims,, demands, liability, costs and
expenses of whatever nature, including court costs and counsel
,fees' arising out of injury to or death of any persons or loss
of or damage to any property resulting in any manner from the
willful acts or negligence of Consultant, its agents,
j employees, licensees or guests in the making or performance of
this contract.
Sndetendent Contrac,�or: The Consultant is not an employee of
r*he County and shall be classified as an independent
contractor;
Pro ect Reur.esentative: Consultant and County shall each
aesgnaK.e a- protect representative who. shall be totally
responsible for croorainating the efforts of the respective
party with rega;�d to the per
of the works set forth
under this agreement. Project representative for Consultant
shah be Michael Clayton, and project representative for
County shall be Laura Tuttle. Project representativE� may be
chanced upon- the mutual agreement of the County and
Consultant
y Consultant covenants
Interest of Consultant: that` he
{ presently has no interest and shall not acquire any interest,
direct n �;he Project or the or indirect, iProject Area or any
other irate es6 which would conflict in any manner or degree
with, the performance of his services hereunder. Consultant
further covenants that i n the. performance of this contract, no
person having any such interest shall be employed.'
Findings confidential: All of the reports, information and
ca-ca prepared or assembled by Consultant unser this contract
are donfidentialand. Consultant agrees that they shall. hot be
made available to any individual or otganizatioilL without the
t+rior written approval of the Planning Director.
R. Breach _of Ac� " time or times waive any breachottntyh or
,.eem..nt In the event what either County
Con tent saa_ at any of
agreement by the other, such waiver shall not constitute a'
Other covenant, rond`itJon �
waiver ofanye t other
otrsucccceeding breach of this agreemenLo
Whether of
obligation.
;S . 7ondis mina___ tgn clause
9,
w and it�, trite , Perf irmance: o
5
s sub�:o tactors shallthhotC tntra.ct
•� ber�efi�s tca the consultant
ethnicll person ideny, the consult-
gtoup �ir, entification <the `bast o el gion, cQ orS
disabij; t;y �, sexy: age, physical or
against; s7o. shall, me4tal
they discrim
because;, of mp.oyment or �.natn unlawfully
race, religion aPPlcant ;for emplo
ancestr: P, , cO ar. Yment
Y, Ph.�si.ca;l religion, , national origin
condition, marita], status mental disabil.t
ensure that the evaluation ` age °r ..sex . Y, medical
aPPlicapt;; and treat, Consultant shah.
discrim„ for empl.,oyrnan - •ment O employees end
i,ire free of
i such
2. Consultant shall c.,om 1
$ 2ploth
900 � t S 1d F cusin5W Act th�oPF�ovisidns he
I 4 �•)
the (Government Fair
(Califoi:n - Admin i . Liations Code fiSectina
et seq. istratiVe Carie Promulgated thereunder
1, Divsionh3 provision, of Article 2, Sect on 7285.0��
Code > Title _2 of 9.5, Chapter l
Sections the Governmetyt Cade Part
standards 1135-111,39.5 (Governfieat
article; ado te; ) and
p by the County the
regulations or
implement such
Notices:
A1.,1 notices .-
sct s he.,einafter
µ pre:paid, add essed asC Or shall be iM writing and.
or' registered maul_. Postage
'TO COUNT
PZ NNING DIRECTO
County of Butte
7 County Center
Orovii e9a
, `Drive
�65
TO CONSULTA V ;
MIAEi; CLAYTON
57.64 Paradise Dr�'ASSOCIATES
Corte Madera, CA , Suite ,8
• ?'nta rated Agre" 94925
`--,-� ement •
integrates. a This do
agreement - cement represents the
tUpersedes all between County and Consultant
and
agreements, eitherPriar ,. negotiations s'ul.tant and
amended onl, written oral representations or
Consultant Y by written instrum at This document tray be
• All provisions - signed F�
made conditions, of phis Y both County and
'of the State o f This agreement 'shall be
agreement are expressly'
Califo,rnia. governed
±T WITNESS y the laws
this ---Z$h y 05" the
----n: • pl9 8 8'. es hereunto have set 'Cheer hart
da of here
ds
l f?
SCt7PEM7
1!D UNDFI2STING OF'I'�REQ SERI
In response to the RFP submitted by But!e Coua
proposal for the Energy, Natural ,Resources and kecreauoalEIement o the oCoua has prepared a
Completed, this comprehensive document : will serve as the a Ell ant of
e long range lanais
ry General Pian, When
guideline forth implementation of the county's cher P S
p objectives and policies. Oen space and rctrca
tis approach to this project will be pro a document which
goals,
informative and; iastruttio a is both
ti.:,, with a clearly written teat and as eQ1v'used format. It will contain
suffie%at f'"'b Iity to allow for individual interpretaaon, while also providing Policies to resolvccDnMcz and establish loa ran e P ding realistic, enforceable
r
$ 3 planning directives.
Devel
compoQaeats a d tasks. One of the cy document of this nature is a,com lex process. pot P g cess. involving a variety of
most important skills our first offers is a familaricy *i i
povcy oriented land use documents: Our firm has. exz in large
and Gene. -al Plan Elements.both from an in-housewive =eTien� -wonting on General Plans'
such, wr can work efficiently with F3Utte aff Cqunty and planningS z d cons agencies perspective. As
Practical and consistent polity language, iahovativc solutio g and can provide
resolve. long range land use conflicts. Past 1°s+ and realistic naicigatioa measures to
services required and the process involved - l given our zirm a clear understanding
eztens s experience in re g mauve action: Further, we havd�ng of the
re aration and � P Pang Programmatic environmental anajvsc which will greatly P P kation of the ro'eces E,�vironmental L� y ezpedue the
P � � Impact Report
Paramount is our approach to the preparation of this General Play Element is the development document that:.. 1) complies with all State mandated re wreniea , nt of a
Wide politics and re_r<ulations; and 3) is easy to use and understand. )ToaceomP �, CXIS
we Ung
l county
devr�ope a comprehensive documentsim� in format to the exis ' �'
internally consistent with an General Plan ung Butte County General Plan and
involve a thorows h review of all pertinent docum� and County ordinances and policies. This will
the Butte Counry General p, �' inc`u�g the, Elements that present IV comprise
Plan, the County's Zoning and Subdivision ordinances, and all relative
developmrat policies and standards.
` Conformance with Stare mandated requirerneats fo
tiori wits all responsible agencies involved in the
r the re aration of a General Plan Element wi'Il bet`
guaranteed thraueh close.-Communica
aaopaon process. This wui include the OEfic of P review and
M Government Atiaixs, �e California EnergyCo .arming and Research, the State Office of Loll
tviIl be m ' ,
m3nission. and the State Clearin¢hoUse. Strict adherence
aintauie+i with the State's General Plan Guide '
and Development Laws, and the California.Eaviroameatal California COmtnOn Law Plannin
Quality Act CE : g, Zoning
assessment and documellmaon wiil be cumulative' and ro QA). Environmental
preparadoz) of an Initial Study A ` " " � g'amamat c is scope and will involve the
., andfessible i D� rah EIR, and Final EDL finis will include
. feasible . " pertinent
the
_ r
Court
� dnnficaCion of appropriate and f asiugatiian measures and the
g i'etauons of CEQr� to ensure;:a ICClarification
�e�isibleodue
.tstoizs re
iiL
rGC..n
tui
g establishment of long range land use policY guidelines will be ,
oa- bin¢ lead nae planning process in Buttsuct viable and integral part of the
The estab c Coi.aty
g ential of mariy Property owners, 'Phis could result'in ffiiti'it effect the nahts and development
wo land development patxerrm Therefore, the potential exists for dbu-ces is Butte County polices,
oc
and .
rk closely with COtuv staff to encourage public participaaba and inter controversy and we will
t agency contribution early lir,
i the gP - - zi g- `
._ presentations, and deveioom rani . P c,
plantnu roce,,s. Our team has razensive ezve.Zenc.. to working :with tht: ubL making . � , p cal land use dontments: $Public
controversy and cottc..ras productively to idcatiip issues and establish d es
orltable c*zenabl tit to use
public
to diiCcult prdblenii,, Further, our e.�tperience it workin solutions
and with ciazent groups, p' i .
g on Cseneral Plans and General Plan Eleineats
Advanta a of knowia how �g Commissions and Boards of SU erviso
$ g to facilitate le _ P rs, gives us the distinct
it Is' also I gzslative action.
Y
application to the California Energy Plan Element fiiiiiU the re mscine.•irS se
P
r m t forth by Butt County's
Commission Swag and Permit r ssistanc Progrnw. Specifically,
KEY ISSSUES
This section will briefly discuss several issues :that are ;key to 'the de ;gel meat of
Plan EleInent. These issues are both topical andprocess.P the new General
representative of those arras of major umportaace. This list is not all inclusive but is
21 Energy
Tae County Board of Supervisors, throw arom "
the
authorized the preparation Calif
of an Energy Element that incorn o� En`rgy Comn1LWOn, has
cs energy, natur;�l resources, Open
space, and -:recreation into one collective clameat, Must ` P
have Energy Elements focus an the energyuser, Jl. inions in the state [Iliac presently
In'Butte County" + P arily from an ener
there are numerous potential sources of energy�' cOII;CerVa(lott perspective,
hydroeiectri� biomass. cogeneration. wind,and solar;Production in the region, ,including
In the Butte County Energy Element, the E1CmCIIC will look aAlthou[ hII energy conservatlaa will be addressed
production point of view, focusing on potential energygy.predomin
growth. anely om g
respPeary Purpose of the Energy ;Element is to provide for efEcient use of existing natural
The
` urces througa logical .and balanced land use
Production o do -g Pig 'This will include identification cif:energy
p ns -while providin sufficient background information and
decis oa•makers to make informed land use decisions t`avoI ` Perspective W enable
` Element will also serve to inform the public and potential complex and controversial issues. Tae
Potential energy 9=cradOn sit Proleet developetrs as to the location .of
es, and Speck mitigations and development standards. to be M -,Peet d,
Preparation of the Ener
gyElement will require a brief history of energy development and inventory
Of existing and potential energy sources in the Coun `
Potential ower. Sourc„s of enc tY, zncludia9 location, stanu, and current
P P z3i' Well as lleludc Imo head hydra, biomass conversion, cottenemd,
amd solar deveio .,
coal»fired ower » pme well as larger, more controve
P Pmt, and the Orovil e -'V cN mdotta Ir '_ aI Projects such as PG&,n's'l 'proposed
the dc�elopment at the Rock Creep hvclroclectzic oration D>smct's proposal to divert wary far
Ware.:., have been establish , � Pte' Qac~ the locations of potents��
a cumulatrve impact aaaivvs w$1 be r
social and cconA=c effects that can be e prepared addressuie the pnyn
development, a County as the result of energy
cud in Stitt
a
a
Z,?. Natu,rall;;esoarces
a
The adoption of a Cnmprehensive Natura,,l Resource Elemen� v 1„` »
” factors shaping development in Butte Co t _ o� one of the most sib_ c -ant
' }.e foe tool used to . biemeat
various elctnt n many of the
involve controversial ` of the, General Pla=t. As su
Land use ohcies established e4uglnnovatr,_ � s'.h, irwdl
Element will set the standard for where and how non- baa land hoyuld a developed is urcBut`
County, or conversely, where and how land should not ur d n fan Natural Iiesour
PO cies d;cratm, the"deastaes and sp 'c
ped. It will establish the emfic
and will set the standards e ; . ,types of development allowed within a;ata3or area of the County,
p rtaiamg to the specitic abhink of all of the County's open space,
hand, timber and forests, mineral';resources, hazard zoo
Commusaan and e a useful to in solvin ,and culturally sensitive areas
It will therefore
g current land use conflicts. It will' als0 Aid tLe Planning
` Board df Su `ervisar in m g
as help the ;individual land owner unak toad land t and sound long range` land use decisions,,
PropertyN guiatiovt pertainang to his at her
Geer Herd Pnoulatinn
One of the most sensitive topics to be addressed by the natural Resource EIcatent
bavt potrat%tl impacts of land development on the area's deer Gerd population, Parc Will be the
areas has, educed the dce�r'sdeer's mi¢ratory "corridor. land use activ►ties E
y
winter ran e. and s Pment to the foothills olid mountain
of Fish and Game has prepared a regional Otis s restricted ummez range acc,:ss, The Oc
bevel
P guidcLne fa
r developmttt in the deer herd went
inose;
1
.a ♦ :fib .. J .�
1'he entreat Butte- Cat ltecreadon I~lem � t was adopted in 1971 and: is in need of rMwon. Tlae
Element will,involve_many factors that directly relate to recreation or assoQAted
new combined .l;
zecTrar oral fzcilitirsa Specsfically; this willinclude issues pesunenr to rivers, lakes, rescrvous,
rjpaci= zonas: forests, open spate, .and in general,- all public lands. The Recreation eompocenr vette
focus:on long range re planning and will, include coordination with the region's, Icarporaced
�.�ti and the County to easura mtcrnal consistency. The specific issues of concern to be addressed
;uciudc:.aeigid+arhaod, co=muni-y, and regional parkr, state and foA=ul,parki, campgroumLi�',tui
resen+oirs, recrWuional corridors and areas; sc.-tic routes; and private recreational faa'Iitirs.
Although
a Rrcr�5adon Elcnaen.t is identified as an optional element under State Gener-JI PLvn Law, the
required Open S pace Element identifies issues that would appropnatrY;r'be, incorporated into a
'Recrtadon element. Spe�cally„this will involve a qualitadve assessment of the demand for public mad
private panes and recreational facilities and an iaventary of areas suitable for paries and recreational
purposes. This will include:
a A description of the rype,,'locadon, and size of existing public and private parks and
�� rrcreatiomal fact�id.es;
f o A:a asscssnaent of present and future demands for park and .recreational f3&I.d s, including;
tru1s, nvors and lake ,ac and per capita supply of parks (aces/thousand inhabitants);
o Thi: identification of future park, and ret: eanon sues;
o A rt-,'MV of iede:a4 stoic :tad local plans':for the acquisition and improvcmeat of public lands;
s An psventory and analysis of areas of outstanding scenic beauty;
Programs for the protection, conservation, and acquisidon of open space lands;
o The identification of outstaanings=r- historic, and cahra , values
a _ lid, Ide:n0doidon of open space for public health and.safety the require spatial maasgemeat Or-
regulation be.-iuksc of hazard or -special conditions; ,
o And the idendric: tion of the demand for trail-oriented recreational use;
o Specific=stand.a»ds will 'be +3evelc"i to .provide a defensible 'basis �or establishobnt of
gtiimbp Alt fees:
2.4 General P7aa Consistency
The concept of internal ctIusistecv, as used in California Planning I.aw, means that no policy conflicu
e�dst, eili►cr texauai or dtaammaCic, between the components of a general Pian. The Hutto County
Energy, lJa uiai Resource and Recreation Flesuent will be just one of several elements m tho County's
General Plan. It will also be pant of thti compre� f-nsive City, C MUM7, and State :tgulatoryprocess w
that defines regional lanu'tiLte poh�• 1n order to provide cohe:.`�ve, and COZzerent polity direarves
that am ea ZV understood and enforceable„
it essential that all land use documaus'be iacernally
vidin &cIm"ott make rs With an irate tail and compitheasive.. bas s tm which land use
consistent, pro g •
da=- -oss inn be based.,
The nevi Element will sidu—=iii format to the, ---fisting Butte County General Plan, and tuteruaily
r consistent with all General Flan Eiemetrs, County orduiances and poliats: This Will involve a
thorough review of all, pertinent docamt ats, int ud`ib the Elements that presently cbmpnse the Butte
County Gst+c�1.1?lad. the Caunts�s 7�,rtn s and Subdivision ordinances, atzd all relative d►welopmr
p � rp County► C'lts`c�`
` taco aratc,l Butte
olicies and standards. It will also rc �r of exaxang.
11Ire 3 Tevlt:;