HomeMy WebLinkAboutAGENDA REPORT0
Butte .County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net
ADMINISTRATION * BUILDING * PLANNING
January 8, 2008 1
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
jWubject: Appeal Hearing - M&T Chico Ranch Mine
Final EIR Certification
Mining Permit
Reclamation Plan and Financial Assurance Estimate
Recommendation
Deny the appeal, certify the Final EIR and approve the project with the conditions of approval
(including three revised conditions) by adopting the following:
1. Resolution Certifying the Final EIR, Adopting Findings of Fact and Adopting a
a Mitigation Monitoring Plan (Attachment A with Exhibits 1 & 2)
2. Resolution approving the Mining Use Permit and Reclamation Plan with a
Financial Assurance Estimate, Statement of Overriding Considerations and
Conditions of Approval (Attachment B with Exhibits 1, 2 &3)
The Board need not certify the Final EIR if it.chooses to uphold the appeal thereby denying the
project.
Summary '
The Planning Commission certified the Final EIR and conditionally approved the mining permit,
reclamation plan, financial assurance estimate and a statement of overriding considerations on
February 22, 2007 with a 3-2 vote. Two appeal letters were filed regarding this action. Coulty
oard of Superyisors —Appeal Hearing
T Chico Ranch Mine (MIN 96-03)
anuary 8, 2008
code provides for a de -novo hearing on such appeals. This means that the Board is not limited
to consideration of the issues raised in the Planning Commission's consideration of the project,
or just the content of the appeal letters.
The project is located in Williamson Act contracted land. The applicant filed a request for
immediate cancellation on October 11, 2005. The Land Conservation Act Committee (LCA)
made a recommendation of denial for the immediate cancellation. The LCA made a
recommendation that only four of the required five findings can be made. Finding #5 requires
that there is no proximate, non -contracted land which is both available and suitable for the
proposed use or that development of the contracted land would provide more contiguous
patterns of urban development (Government Code 51282(b)). The LCA recommended that
the fifth finding could not be made.
On April 24, 2007, the Board considered the Land Conservation Act Committee's
recommendation of denial of the Williamson Act contract cancellation. The Board denied the
request for cancellation and continued the public hearing on the Final EIR Certification and
project approval appeal hearing to May 22, 2007. . Prior to that hearing, the, applicant
requested a continuance due to a scheduling conflict. On May 22, 2007, the Board of
Supervisors considered that request and continued this hearing to November 6, 2007. The
op.oard opened the public hearing on November 6, 2007 and announced a continuance to
anuary 8, 2008.
Background
The following discussion augments the staff report and materials previously distributed to the
Board of Supervisors under the April 24, 2007 agenda. This Background discussion includes a
brief project description (more detailed information can be found in the Environmental Impact
Report and Reclamation Plan) and process discussion. This leads into specific sub -heading
items: General Plan Consistency and Land Use Compatibility; Without Batch Plant — Only;
Denial of the Williamson Act Immediate Cancellation 'request; Prime Farmland versus Non-
prime; PG&E Gas line; and Statement of Overriding Considerations.
The project consists of a long-term, off -channel gravel mining operation proposal by Baldwin
Contracting. The mining would take place on 193 -acres of a 235 -acre site over a 20 to 30—
year period. Reclamation would occur incrementally and would consist of the creation of open -
water wetland wildlife habitat and agricultural uses. The aggregate would be processed
(washed and screened) on a 40 -acre area at the site. The project is located on a portion of the
M&T Chico Ranch approximately 1.5 miles east of the Sacramento River and approximately 5 -
miles southwest of the City of Chico in an area north of and adjacent to Ord Ferry Road, east
of and partially adjacent to River Road. Access to the site would be provided by River Road.
10020). Assessor Parcel Numbers: 039-530-023 and 039-530-025 (formerly 039-530-019, 039-530-
020).
ON
0
Board of Supervisors — Appeal Hearing
&T Chico Ranch Mine (MIN 96-03)
nuary 8, 2008
This project has been determined to have significant environmental impacts associated with
aesthetics and visual resources, agricultural land, air quality, archeological resources, drainage
and flooding, geology, noise, traffic and circulation, water quality/groundwater, land use,
biological resources, and cumulative impacts associated with air quality, traffic and circulation.
Traffic and air quality impacts are considered significant and unavoidable even with mitigation
and will require a statement of overriding considerations if the project is approved.
The project application was filed in 1996 and a previous version of a Draft EIR was circulated
in 1998. Significant changes were required in that document and in the early 2000's another
Draft EIR was circulated. This was presented to the Planning Commission for consideration of
certification in 2003; however, the Department of Conservation had identified inconsistencies
with the Williamson Act. The applicant chose to file a request for immediate cancellation for a
portion of the lands that are in the Williamson Act contract. The Land Conservation Act
committee considered this request in February and April 2006. Their recommendation to the
Board of Supervisors was that only four of the five required findings for granting an immediate
cancellation request could be made.
Staff began the public hearing process again with the Planning Commission with a hearing on
November 30, 2006. This item was continued to December 14, 2006 and January 25, 2007.
�t the January 25, 2007 hearing, the Commission made a motion of intent to certify the Final
EIR and approve the project and continued the item to February 22, 2007. Findings were
presented to the Planning Commission on February 22, 2007 for their consideration and the
Planning Commission voted 3-2 to certify the Final EIR and approve the project with a
statement of overriding considerations. Certifying the EIR means that the Planning
Commission considered that the EIR met the requirements of CEQA and reflected the
County's independent judgment.
The Planning Commission's action on use permits is subject to a 10 -day appeal period. Two
appeal letters were filed within the appeal period. Howard Ellman, an attorney representing
Parrot Ranch/Llano Seco filed an appeal. Ron Jones also submitted an appeal letter with 13
signatures including property owners, Butte Environmental Council (BEC) and the Sacramento
River Preservation Trust. Additionally, the applicant's attorney, Jeff Dorso of Deipenbrock-
Harrison, submitted a letter discussing the issues raised in the appeal letters. Copies of these
letters were previously provided in the April 24, 2007 report to the Board of Supervisors. The
appeal letters argue that the Planning Commission's action was incorrect. Issues raised in the
appeal letters include problems with General Plan consistency, land use compatibility, prime
farm land, flood impacts, ground water contamination, inadequate CEQA process, inadequate
findings, failure to fully describe the environmental setting and surroundings and failure to
demonstrate the need for aggregate. The appeal process is not limited to the issues raised in
these letters because the appeal hearing is de novo.
The Planning Commission heard lengthy testimony on the project and the Final EIR at its
meetings in 2003 and at the recent meetings beginning on November 30, 2006. The
Commission rendered its decision with some additions to the record. At the December 14,
2006 meeting, the Planning Commission directed staff to include clarifications (errata) to the
3
GARY A. INCAUDO, M.D.
NICOLE HICKS, PA -C
Specialists in Allergy, Sinus & Asthma
145 Mission Ranch Blvd., Suite 110
Chico, California 95926
T 530.896.2200
F 530.896.2209
www.allergyassociateschico.com
January 2008
Dear County Supervisors and Chico City Council Members,
The US Clean Air Act of 1970, drafted after a series of Senate hearings on every aspect of air pollution,
established the infrastructure for the control of the major criteria pollutants and also delineated a large group of
hazardous compounds for which emission limits had to be set. Governmental agencies in North America have
become increasingly concerned with the apparent risks of human exposure to air pollution. As a Butte County
physician who has specializes in respiratory disease care since 1979, 1 am concerned about our deteriorating
air quality and it's effect on the health of my patients. From 1987 onward, medical studies began to be reported
from a number of different urban locations that indicated a significant association between illness and mortality
particularly from heart and lung diseases and the air pollution levels. For almost 15 years now, there are
periods when Butte County receives a grade of F for air quality. Most recently, we have found ourselves out of
Federal compliance for a component of air pollution called PM 2.5 (particles with a 50% cut-off aerodynamic
diameter of 2.5 mm). These are very small, respirable air pollution components which contain diesel exhaust
particles. A growing body of scientific evidence suggests that small respirable particles, particularly those from
diesel exhaust, are the most dangerous when inhaled and contribute particularly to heart and lung disease
activity among children, the elderly, and those who have pre-existing lung and heart problems.: I have enclosed
selected references and abstracts from the medical literature concerning this subject for validation of my
conclusions and for your review.
Air pollution is typically comprised of ozone, respirable particulate matter (PM2.5 [<2.5 pm in diameter] and
PM10 [<10 Nm in diameter]), lead, sulfur dioxide, carbon monoxide,, and nitrogen oxides. Approximately 70% of
the air pollution in Butte County is vehicle based. The closer those most vulnerable (children, the elderly, and
those who have pre-existing lung and heart disease) are to high traffic flow, the greater the health damage that
results. The only way we can possibly reduce such a life threatening air quality based threat is to reduce
human exposure to heavy traffic volume, particularly diesel tracks. This can be achieved by:
Promote optimum and uniform traffic flow by following the Manual of Uniform Traffic control devices
(MUTCD) for placement of stop signs and traffic signals and time all signals to the speed limit.
Following the MUTCD is mandated by California law and unfortunately frequently ignored. Nearly 10
years ago, myself, several other physicians, the American Lung Association, and the Butte County Air
Quality board filed a report with the City of Chico citing the fact that 50% of the traffic signals and over
75% of the stop signs were out of compliance to traffic engineering principles. Furthermore, over 90%
of traffic signals were not timed to the speed limit. This maximizes traffic congestion, stopping and
accelerating, speeding, traffic accidents, fuel use and air pollution. Scientific traffic studies tell us that
following the MUTCD guidelines and timing traffic signals to the speed limit would reduce by at least
10% reduction air pollution, traffic accidents, fuel use, and global warming. A 10% reduction in air
pollution will put us closer to compliance with Federal and State air quality guidelines and improve the
health and welfare of Butte County inhabitants, particularly our children and the elderly.
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2. Avoid high traffic volumes around schools and through neighborhoods, particularly diesel truck
volumes, which are the most detrimental to developing children's lungs. There is a growing body of
evidence that air pollution, and in particular diesel exhaust particles, are a causative component of the
epidemic of allergy and asthma our children are experiencing.
It has been brought to my attention that a project that would create an open -pit gravel mine operation owned
and administered by Baldwin Construction on M&T property off River and Ord Ferry Roads has been
proposed. The net results would be heavy truck volume in close proximity to heavily populated areas in Butte
County including schools. Epidemiologic research carried out in the United States, Netherlands, United
Kingdom, and Italy have associated increased frequency of wheezing, chronic productive cough, and asthma
hospitalizations with residence near areas of high traffic density, particularly truck traffic. Given the
considerable health hazards Butte County residents, in particular our children, are already experiencing from
deteriorating air quality, I would urge the County to deny this request as a first step toward a more
comprehensive program to reduce vehicle based air pollution and all it's consequences. Policy makers must
now confront growing scientific evidence that current safety thresholds must be strictly adhered to if we are to
provide a protective environment for their constituents, especially for the most vulnerable such as our children
and the elderly.
Respectfully,
Gary A. Incaudo MD
Cc: Chico City Council Members
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Eur Respir J. 2007 May;29(5):879-88
Air pollution and development of asthma, allergy and infections in a birth cohort.
Brauer M, Hoek G, Smit HA, de Jongste JC, Gerritsen J, Postma DS, Kerkhof M,
Brunekreef B.
University of British Columbia, School of Occupational and Environmental Hygiene, 2206 East Mall,
Vancouver BC V6T1 Z3, Canada. brauer@interchange.ubc.ca
Few studies have addressed associations between traffic -related air pollution and respiratory disease in
young children. The present authors assessed the development of asthmatictallergic symptoms and
respiratory infections during the first 4 yrs of life in a birth cohort study (n = approximately 4,000).
Outdoor concentrations of traffic -related air pollutants (nitrogen dioxide PM(2.5), particles with a 50%
cut-off aerodynamic diameter of 2.5 mum and soot) were assigned to birthplace home addresses with a
land -use regression model. They were linked by logistic regression to questionnaire data on doctor -
diagnosed asthma, bronchitis, influenza and eczema and to self-reported wheeze, dry night-time
cough, ear/nose/throat infections and skin rash. Total and specific immunoglobulin (Ig)E to common
allergens were measured in a subgroup (n = 713). Adjusted odds ratios (95% confidence intervals) per
interquartile pollution range were elevated for wheeze (1.2 (1.0-1.4) for soot), doctor -diagnosed asthma
(1.3 (1.0-1.7)), ear/nose/throat infections (1.2 (1.0-1.3)) and flu/serious colds (1.2 (1.0-1.4)). No
consistent associations were observed for other end-points. Positive associations between air pollution
and specific sensitisation to common food allergens (1.6 (1.2-2.2) for soot), but not total IgE, were
found in the subgroup with IgE measurements. Traffic -related pollution was associated with respiratory
infections and some measures of asthma and allergy during the first 4 yrs of life.
PMID: 17251230 [PubMed - indexed for MEDLINE]
Am J Respir Crit Care Med. 2004 Sep 1;170(5):520-6.
Traffic -related air pollution near busy roads: the East Bay Children's Respiratory Health Study.
Kim JJ, Smorodinsky S, Lipsett M, Singer BC, Hodgson AT, Ostro B.
Office of Environmental Health Hazard Assessment, 1515 Clay Street, 16th Floor, Oakland, CA 94612,
USA.
Recent studies, primarily in Europe, have reported associations between respiratory symptoms and
residential proximity to traffic; however, few have measured traffic pollutants or provided information
about local air quality. We conducted a school-based, cross-sectional study in the San Francisco Bay
Area in 2001. Information on current bronchitis symptoms and asthma, home environment, and
demographics was obtained by parental questionnaire (n = 1,109). Concentrations of traffic pollutants
(particulate matter, black carbon, total nitrogen oxides [NO(X)I, and nitrogen dioxide [NO(2)]) were
measured at 10 school sites during several seasons. Although pollutant concentrations were relatively
low, we observed differences in concentrations between schools nearby versus those more distant (or
upwind) from major roads. Using a two-stage multiple -logistic regression model, we found associations
between respiratory symptoms and traffic -related pollutants. Among those living at their current
residence for at least 1 year, the adjusted odds ratio for asthma in relationship to an interquartile
difference in NO(X) was 1.07 (95% confidence interval, 1.00-1.14). Thus, we found spatial variability in
traffic pollutants and associated differences in respiratory symptoms in a region with good air quality.
Our findings support the hypothesis that traffic -related pollution is associated with respiratory symptoms
in children.
PMID: 15184208 [PubMed - indexed for MEDLINE]
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i.
Sci Total Environ. 2006 Sep 15;368(2-3):565-73. 'Y
Long-term personal exposure to traffic -related air pollution among school children, a validation
study.
van Roosbroeck S, Wichmann J, Janssen NA, Hoek G, van Wiinen JH, Lebret E,
Brunekreef B.
Institute for Risk Assessment Sciences, Utrecht University, P.O. Box 80176, 3508 TD Utrecht, The
Netherlands. s.a.h.vanroosbroeck@iras.uu.nl
Several recent studies suggest an association between long-term exposure to traffic -related air
pollution and health. Most studies use indicators of exposure such as outdoor air pollution or traffic
density on the street of residence. Little information is available about the validity of these
measurements as an estimate of long-term personal exposure to traffic -related air pollution. In this pilot
study, we assessed outdoor and personal exposure to traffic -related air pollution in children living in
homes on streets with different degree of traffic intensity. The personal exposure of 14 children aged 9-
12 years to 'soot', NO(x) (NO and NO(2)) was assessed in Amsterdam between March and June 2003.
Each child's personal exposure was monitored during four repeated 48-h periods. Concurrently, in- and
outdoor NO(x) measurements were carried out at the school and at the home of each participating
child. Measurements were supplemented by a questionnaire on time activity patterns and possible
indoor sources. Flow -controlled battery operated pumps in a made -to -fit backpack were used to sample
personal exposure to 'soot', determined from the reflectance of PM(2.5) filters. Exposure to NO(x) was
assessed using Ogawa passive samplers. Children living near busy roads were found to have a 35%
higher personal exposure to'soof than children living at an urban background location, despite that all
children attended the same school that was located away from busy roads. Smaller contrasts in
personal exposure were found for NO (14%), NO(2) (15%) and NO(x) (14%). This finding supports the
use of 'living near a busy road' as a measure of exposure in epidemiological studies on the effects of
traffic -related air pollution in children.
PMID: 16650461 [PubMed - indexed for MEDLINE]
Eur Respir J. 2003 Jun;21(6):956-63
Urban traffic and pollutant exposure related to respiratory outcomes_ and atopy in a large
sample of children.
Nicolai T, Carr D, Weiland SK, Duhme H, von Ehrenstein O, Wagner C, von Mutius E.
University Children's Hospital, Munich, Germany. tnicolai@kk-i.med.uni-muenchen.de
Conflicting results have been reported for the relationship between traffic exposure and inception of
atopy. The effect of traffic on the prevalence of asthma and atopy at school age was investigated in a
representative population. Random samples of schoolchildren (n=7,509, response rate 83.7%) were
studied using the International Study of Asthma and Allergies in Childhood phase -II protocol with skin -
prick tests, measurements of specific immunoglobulin E and lung function. Traffic exposure was
assessed via traffic counts and by an emission model which predicted soot, benzene and nitrogen
dioxide (NO2). Traffic counts were associated with current asthma, wheeze and cough. In children with
tobacco -smoke exposure, traffic volume was additionally associated with a positive skin -prick test.
Cough was associated with soot, benzene and NO2, current asthma with soot and benzene, and
current wheeze with benzene and NO2. No pollutant was associated with allergic sensitisation. High
vehicle traffic was associated with asthma, cough and wheeze, and in children additionally exposed to
environmental tobacco smoke, with allergic sensitisation. However, effects of socioeconomic factors
associated with living close to busy roads cannot be ruled out.
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J Asthma. 2007 May;44(4):249-52
Impact of asthma and air pollution on school attendance of primary school children: are they at
increased risk of school absenteeism?
Bener A, Kamal M, Shanks NJ.
Department of Medical Statistics and Epidemiology, Hamad Medical Corporation, Doha, Qatar.
abener@hmc,org.ga
AIM: The aim of this study was to determine the impact of asthma and air pollution on school
attendance of primary school children 6 to 12 years of age in Qatar. STUDY DESIGN: This was a
cross-sectional population -based study. SUBJECTS: The total 31,400 Qatari school children at the
primary school (16,130 boys and 15,270 girls) 6 to 12 of age were studied to investigate school
absenteeism caused by asthma and wheezing during the academic year October 2003 to July 2004.
METHODS: We have used the School Health Registry for obtaining the student information and school
absenteeism due to asthma and wheezing. Again we had double confirmation on the data obtained on
asthmatic children by using the modified version of the International Study of Asthma and Allergies in
Childhood [ISAAC] questionnaire. RESULTS: A total of 3,270 (10.4%) pupils were diagnosed as having
asthma and wheezing. Overall 2,516 (8.02%) pupils were absent from the school for at least one day
during the year. There was a statistically significant difference between asthmatic and wheezing
students in number of days absent from the school (p < 0.0001). Most absenteeism occurred during
spring for both boys (45%) and girls (47%), followed by autumn for boys (33%) and girls (36%). The
measured pollutants reached a peak during the spring season and then in autumn of the studied
academic year. CONCLUSION: Children with known asthma miss more days of school than those who
do not have asthma. This study finding shows that air pollution has an impact on asthma, which results
in significant school absenteeism.
PMID: 17530520 [PubMed - indexed for MEDLINE]
Occup Environ Med. 2007 Nov 7
Size Distribution and Total Number Concentration of Ultrafine and Accumulation Mode Particles and
Hospital Admissions in Children and the Elderly in Copenhagen, Denmark.
Andersen ZJ, Wahlin P, Raaschou-Nielsen O, Ketzel M, Scheike T, Loft S.
Department of Biostatistics, University of Copenhagen, Copenhagen, Denmark.
OBJECTIVES: Evidence on the health risks associated with exposure to ambient ultrafine particles is
limited, although toxicological data indicate importance of this fraction of particulate matter. The
objective was to study the association between short-term exposure to ultrafine particles and morbidity
in Copenhagen, Denmark. METHODS: We studied the association between urban background levels of
the total number concentration of particles (NCtot, 6-700 nm in diameter) measured at a single site
(15.05.2001 - 31.12.2004) and hospital admissions due to cardiovascular (CVD) and respiratory
disease (RD) in the elderly (age >/= 65 years), and asthma in children (age 5-18 years). We examined
these associations in the presence of PM10, PM2.5 (particulate matter < 10 and 2.5 microm in
diameter, respectively) and ambient gasses. We utilized data on the size distribution to assign NCtot to
four modes with median diameters 12, 23, 57 and 212 nm, and calculated the NC100 (number
concentration of particles < 100 nm in diameter), for examination of their associations with the health
outcomes. We used a time -series Poisson generalized additive model adjusted for overdispersion,
season, day of the week, public holidays, school holidays, influenza, pollen, and meteorology, with up
to 5 days lagged exposure. Results and CONCLUSIONS: We found that adverse health effects of
particulate matter on CVD and RD hospital admissions in the elderly were mainly mediated by PM10
and accumulation mode particles with lack of effects of NC100. For paediatric asthma, the results
indicated relevance of accumulation mode particles as well as NC100 and nitrogen oxides, mainly from
traffic related sources, whereas PM10 appeared to have little effect. Our results suggest the relevance
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of particle volume/mass from long-range transported air pollution for CVD and RD admissions in the
elderly, and possibly of particles numbers from traffic sources for paediatric asthma.
PMID: 17989204 [PubMed - as supplied by publisher]
J Epidemiol Community Health. 2004 Jan;58(1):18-23.
Traffic related air pollution and incidence of childhood asthma: results of the Vesta case -control study.
Zmirou D, Gauvin S, Pin I, Momas I, Sahraoui F, Just J, Le Moullec Y, Bremont F, Cassadou S,
Reungoat P, Albertini M, Lauverqne N, Chiron M, Labbe A; Vesta Investigators.
Public Health Laboratory, School of Medicine, Nancy University, France. zmirou@nancy.inserm.fr
STUDY OBJECTIVE: The Vesta project aims to assess the role of traffic related air pollution in the
occurrence of childhood asthma. DESIGN AND SETTING: Case -control study conducted in five French
metropolitan areas between 1998 and 2000. A set of 217 pairs of matched 4 to 14 years old cases and
controls were investigated. An index of lifelong exposure to traffic exhausts was constructed, using
retrospective information on traffic density close to all home and school addresses since birth; this
index was also calculated for the 0-3 years age period to investigate the effect of early exposures.
MAIN RESULTS: Adjusted on environmental tobacco smoke, personal and parental allergy, and
several confounders, lifelong exposure was not associated with asthma. In contrast, associations
before age of 3 were significant: odds ratios for tertiles 2 and 3 of the exposure index, relative to tertile
1, exhibited a positive trend (1.48 (95%CI = 0.7 to 3.0) and 2.28 (1.1 to 4.6)), with greater odds ratios
among subjects with positive skin prick tests. CONCLUSIONS: These results suggest that traffic related
pollutants might have contributed to the asthma epidemic that has taken place during the past decades
among children..
PMID: 14684722 [PubMed - indexed for MEDLINE]
z
Environ Health Perspect. 2004 June; 112(8):932-941.
Association of FEV1 in asthmatic children with personal and microenvironmental exposure to airborne
particulate matter.
Ralph J Delfino, Penelope J E Quintana, Josh Floro, Victor M Gastanaga, Behzad S Samimi, Michael T
Kleinman, L -J Sally Liu, Charles Bufalino, Chang -Fu Wu, and Christine E McLaren
Epidemiology Division, Department of Medicine, College of Medicine, University of California at Irvine, 224
Irvine hall, Irvine, CA 92697-7550, USA. rdelfino@uci.edu
Abstract
Exposure to particulate matter (PM) air pollution has been shown to exacerbate children's asthma, but the
exposure sources and temporal characteristics are still under study. Children's exposure to PM is likely to
involve both combustion -related ambient PM and PM related to a child's activity in various indoor and outdoor
microenvironments. Among 19 children with asthma, 9-17 years of age, we examined the relationship of
temporal changes in percent predicted forced expiratory volume in 1 sec (FEV1) to personal continuous PM
exposure and to 24 -hr average gravimetric PM mass measured at home and central sites. Subjects were
followed for 2 weeks during either the fall of 1999 or the spring of 2000, in a southern California region affected
by transported air pollution. FEV(subscript)1(/subscript) was measured by subjects in the morning, afternoon,
and evening. Exposure measurements included continuous PM using a passive nephelometer carried by
subjects; indoor, outdoor home, and central -site 24 -hr gravimetric PM2.5 (PM of aerodynamic diameter < 2.5
microm) and PM10; and central -site hourly PM10, nitrogen dioxide, and ozone. Data were analyzed with linear
mixed models controlling for within -subject autocorrelation, FEV1 maneuver time, and exposure period. We
found inverse associations of FEV1 with increasing PM exposure during the 24 hr before the FEV1 maneuver
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�t' M and with increasing multiday PM averages. Deficits in percent predicted FEW (95% confidence interval) for
: given PM interquartile ranges measured during the preceding 24 -hr were as follows: 128 microg/m3 1 -hr
maximum personal PM, -6.0% (-10.5 to -1.4); 30 microg/m3 24 -hr average personal PM, -5.9% (-10.8 to -1.0);
6.7 microg/m3 indoor home PM2.5, -1.6% (-2.8 to -0.4); 16 microg/m3 indoor home PM10, -2.1% (-3.7 to -0.4);
7.1 microg/m3 outdoor home PM2.5, -1.1% (-2.4 to 0.1); and 7.5 microg/m3 central -site PM2.5, -0.7% (-1.9 to
0.4). Stronger associations were found for multiday moving averages of PM for both personal and stationary -
site PM. Stronger associations with personal PM were found in boys allergic to indoor allergens. FEW was
weakly associated with NO2 but not with 03. Results suggest mixed respiratory effects of PM in asthmatic
children from both ambient background exposures and personal exposures in various microenvironments.
1
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January 8, 2008
Friends of
Butte Creek.
Board of Supervisors
Butte County
25 County Center Drive
Oroville CA 95969
Allen Harthorn
Friends of Butte Creek
5342 La Playa Ct.
Chico CA 95928
Dear Supervisors,
I am writing to offer some insights into the restoration of gravel mining areas by Baldwin
Construction. I believe only one of the current supervisors was around when Baldwin proposed
to build 75 condos on an old gravel mining site in Butte Creek Canyon. This ill-fated project
was approved by the Supervisors and soundly rejected by the public in a costly election. In the
1986 high water, one of the poorly designed and built levees around where the project was to be
built and what became a "wildlife area or waterfowl pond" failed, the creek changed course and
many homes were inundated and others threatened. In the 1997 flood, another levee around one
of these "waterfowl ponds" failed and Butte Creek again changed course which cost more than 1
million dollars to repair. This site needs constant maintenance which continues to add to the
cost. The rest of the "waterfowl ponds" left on the Butte Creek mining site are a mess, almost.
completely inaccessible to public, and one is continuing to fail which will likely cause Butte
Creek to again shift its channel into the old gravel pond. Baldwin was defeated on developing
the old mining area so they ended up giving the property to the Wildlife Conservation
Board(which has no money for maintenance) to get it off their hands. The area is completely
neglected and is a poorly functioning wildlife restoration project at best. If this is the track
record of Baldwin Construction for mine site rehabilitation then they should not be trusted to
gouge out another such mine on Little Chico Creek.
Thank you for your time.
Sincerely,
Allen Harthorn, Director
Friends of Butte Creek
Mileages 30 miles rational/ "decreasing their footprint."
From the Rd. 39 Valley Rock Products in Glenn County to. SB is 29.2 miles.
From the Rd. 7 plant in Glenn County to the SB plant is 28.6 miles.
From SB to the M & T Double gates via Hegan Lane & through Dayton is
16.7 miles.
Stony Creek on Hwy 32 in Glenn County to. Skyway. Baldwyn (SB) is 20.2
miles.
From the M & T double gates to SB via Chico River Rd. by the "washout"
& Scotty's boat landing is 20.6 miles.
From the M & T doublle gates. to SB down River -Rd. into 5"' St. (by, the
"zoo") to Walnut St.. via $�" St. & then down the freeway is 12.7 miles.
(From the Rd: 7 Baldwin plant in Glenn County to River Rd: (by Scotty's),
& Hwy 32 is 15.5 miles.)
(From the Ord Ferry/River Rd intersection to the Rd.39 Valley Rock.
Products gravel plant is 15.5 miles).
(From Chico; at the East Park/Park Ave. intersection to Durham is 5 miles).
Potential Decrease versus Potential Increase.
(From Stony Creek to River Rd. & Hwy 32 is 7. t miles).
12J,
�z , 2-
Section 4
Regional. Inf or Mi
This. section presents ihform4tjpn on the regional, physicalcontext-within which local
BMO development will. occur. Section 5 provides: local information about the Angel
......
Slough Area, for use: in BMO develo merit
P ...
:..::. The regional physical setting'includes surface. water.features, the geologic setting, and
.......
groundwater hydrology. This section provides regional information -'and describes
regional trends in groundwater levels and quality that maybe: connected to local:: '
conditions. Descriptions of local conditions and infrastructure for the. Angel Slough.
Area are. provided in Section:5.'
4.1 Regional Physical Setting - -
The Sacramento Valleygroundwater basin lies between the Coast Ranges in the west,
.the Sierra Nevada Mountains in the east, Red Bluff 'in .the north and the Sacramento-
-San Joaquin Delta in the south. The Butte ,County portion of the Sacramento. Valley
covers about 600 square: . ' es : 481,000 acres and contains four sub -basins, Vina,
North Yuba, East Butte and West Butte. Figure 1=1: shows how Butte :County has been
divided into areas for: BMO development.- The East Butte Sub=basin contains the :Butte,
Biggs -West Gridley, Butte Sink, Richvale;�Thenmalito, Esquon; Cherokee, and Pentz
Areas. The West Butte Sub -basin contains the M&T; Angel Slough, Llano Seco, and
Durham Dayton Areas. Vina'and.North Yuba are areas in their own sulrbasins,.The
Western Canal Are'':lies in both the East: Butte and West Butte Sub -basins. (Figure 1-1).
4.11 S:x iface Water Features
The Butte County portion of the Sacramento Valley has a number of rivers, creeks and
_.
lakes; shown in Figure 1-1. The principal waterways in the county include the
_..
Sacramento River, the Feather River, Big Chico Creek, Little Chico Creek, Butte Creek,
Little Dry Creek, the .Thermalito Forebayand the Thermalito .Afterbay.
..... .......
Surface water flows in the county are extremely variable, both seasonally and
annually -.'Their. partial dependence on.annual snowmelt contributes to this. seasonal
variability.
4.1:2 Geologic Setting.::
The Sacramento Valley groundwater basin is filled with sediments deposited M*:::.
::'marine and terrestri environmexits. Th6blder, marine sediments usu y'contain:
saline or:brackish water; and: the younger, terrestrial sediments contain fresh water.
...... ..... .
The sediments were deposited on metamorphic and granitic rocks that are exposed at
the edges of the valley (DWR 2002). -:
The principal water bearing :units in the Sacramento Valley portion of Butte County
are the Tuscan, Laguna, Riverbank and Modesto Formations. Tuscan and Laguna
.. . ...... .. . ...
Formations are the: source of water for: deeper wells, such as irrigation and municipal
CM 41
I
ua�. JVa.. a.G Vi ♦V 4iGi• 1V1 J1 LGLLIV VV GI VV G_C!:OLlG1L QJ'• r'
domestic:wells. The majority of;domestic wells within
the county are in the upper. 200.: feet of the aquifer
WR 2002. Fi es 41 and 4-2 at the end of this
:section show the,surface exposures of the geologic
units. Figure 4-3 shows the vertical relationship
between the units.
4:1.3 Fresh Water -bearing Units
The (fresh water -bearing units in Butte County are
described below.inoi:der from those.nearest the surface-.
(the youngest) t' those deeper below the surface (the
oldest).
Modesto Formation
The Modesto Formation is exposed in the central ...
FModestoFormation�,;vft
4
sRiverbankFormation...'".°s
Laguna formation '
Y
TeFiama Formation
..: Tuscan Formation c,,:
-Tuscan Formation B
u
luscan Formation A'`
portion of :Butte Coun
p ty; west and south of Chico: The
... Figure 43 ..... .
.thickness of the Modesto Formation ranges from 200 to ...:::Vertical Relationship Between
10 feet depending on location (Helley and Harwood Geologic Units
1985). The:water-bearing capabilities of this formation
..vary depending on the local thickness ofthe formation andthe concentration of
gravels and sands.: Lower yields are.fourid in areas with high silt and clay content .or
......
where the formation is thin. Groundwater in'the'Modesto Formation occurs under ::
unconfined: conditions.
Riverbank Fortnation
TheRiverbank Formation is exposed in the Vina. plains and to the west
..... and south of
.. Oroville. The thickness of the Riverbank Formation ranges from 200 feet to 1 foot
:;:depending on:locatioti (DWR 2002.)The_water-bearing capabilities of the formation
vary•depending on the local thickness of the. formation and the concentration of
gravels and: sands. Lower:yields are found in areas with high -silt and: clay content or
::where the formation is thin. This formation provides water:to: domestic and other:.
shallow wells and to deeper wells with multipleperforated intervals. Groundwater in
the Riverbank Formation occurs under unconfined:conditions.
. Laguna Formation::::
The.Laguna Forrnatidit is•ex osed aloe" the eastern ed a of the Sacramento Valle
from Oroville south towards :L;odi. Thickness estimates range from 180 .feet (Hell'ey.
:-and Harwood 1985) to 1;000 feet (Olmstead and Davis 1961). This formation: provides
::water to irrigation: and other deep wells in the southern portion of the county, and the
uanti vanes de endin ori the concentration of; aveLs and sands :iit :the local area....:::
q ty. Va P g.......
Section 4 .
Regional Information
Tehama Formation
The Tehama Formation is exposed west of the Sacramento River, and extends .
underground, into :Butte County. It ranges from 100 to 600 feet thick in Butte. County,
increasing.in thickness to the west. This forrriation.provides water to irrigation and .
_..
other deep:wells in the southwestern portion of the.county. The quantity of water
available from this formation varies depending on the: concentration of gravels.and
sands.in.the local area: ..
Tuscan Formation Units A; B, C, and D
.:.The Tuscan Formation is described as four separate but lithologically similar units'
Units A through D (Helley and Harwood, 1985). Unit A consists, of the. oldest deposits
of the Tuscan Formation and:is about 250 feet .thick.: Unit B is about 600 feet thick and .
.......
overlies Unit A in most locations in Butte County. Unit C ranges in thickness from less
than 100 feet thick:east of Chico to 600 feet thick under the:Saciamento River.: Unit D
is the youngest unit and isnot present in Butte. County. Tuscan Unit.A and B are
considered water -bearing units. Tuscan Unit C isnot a water -bearing unit in the east,
but thickens westward and becomes a water -bearing unit .in :tTus
he west. Water in :can
.
Units A and B is confined under pressure by the impermeable layers of Tuscan
Unit C..:. .
43:4 Groundwater: Conditions'::::.:::
Figure 4-4 at the end of this sectiori'shows the general :pattern of
spring groundwater movement.'The. series of small arrows that -are
perpendicular to the groundwater elevation, contours illustrate that .
the movement is in a southwesterly direction..:
Figure 4-5 at the:end of:this section is: a.groundwater contour map
m
showing the seasonal change. in groundwater levels between the
springand summer of 1997. The contour lines in Figure 4-5 represent: lines of
groundwater.chana between the s rm and summer measurement periods. Overlaid
g P .g..
ori the contour map is a color -coded map showing net groundwater extraction for
each area. Table 4-1 shows the. estimated groundwater extraction for a normal, non-
Sbt:Y. .
drou ear by local areas. The areas of greatest; groundwater level decline are those .
:'where extraction ofgroundwater: for, agricultural and. or.municipal uses during the
summer, months is greatest. These areas include portions of the Vina and North Yuba, .
Sub=basins; the Durham area; of. the West Butte Sub -basin, and the Cherokee Strip
portion of the East Butte Sub -basin. Hydrographs indicate that decreases in water
level are seasonal and the basin groundwater typically recharges during the: winter
months.:...
4-3
Table 4-1
1997 Estimated Groundwater Extraction'b .:Local Area
Local Area
... .
. ' . Groundwater Extraction
acre -ft : ...
Biggs -West Gridle ...
13,100'
Butte
26,500
Butte Sink-'
6;300
Cherokee
24,000
Es uon :.:' .
.::: 17,200.
Pentz
100
Richvale :::
:::300
Thermalito
22,000
:Western Canal` ::::
:::: 15,100
North Yuba :. •
50,200
Vina .
.138,200
Angel Slough
10;000
Durham/Dayton
95,000 ...
Llano Seco
2,300.
M&T
6,800
Westem: Canal
6;900
_... _.
Section 4
Regional information
County .groundwater aquifer's than there were m :1980. Similarly; in 1982, there were
about 7,000 more acre-feet than there were in 1980. The largest declineof
groundwater in storage was in 1991, when there were about: 000 fewer acre-feet
than there.were in 1980:. ....
Change in groundwater in storage is affected by the rate of: groundwater recharge, the
rate of groundwater:pumping, and climatic conditions. Groundwater levels; wltich
indicate, groundwater in storage, change over the: course of a year and :change from
Year to year. The groundwater in storage will typically. decline thr6tighout.the.
summer, when recharge is low and extraction for municipal :and irrigation uses :is
ongoing. Groundwater in storage typically increases during the winter, when
extraction decreases and rainfall and associated runoff increase recharge. During
periods of drought;,groundwater;in storage declines. During.periods of above':
;. .
_.... .:... .....
average precipitation; :groundwater in storage increases:
The figure shows that while there has not been a` significant net change in . .
groundwater in-storage over the 20-year. period, significant changes in stored
oundwater occurred duringeriods'ofdrough.
gr
t ShgY ht1 more groundwater was in
P .
storage preceding the 1987 drought than there was:.in 1980. During *drought of
1987, groundwater:storage decreased by almost 100,000 acre-feet. The 1988-1994...
drought kept: groundwater storage low until 1995, whenthe basin recovered.
relatively:rapidly in response to.a significant increase in precipitation, with an
increase of approximately 100,000,acre-feet in groundwater storage
4.1.5 Groundwater. Quality Conditions and Subsidence
Groundwater in the Sacramento Valley portion, of Butte Coun _is icall of good
.. .. tY tYP .... Y
quality, as evidenced by its low total dissolved solids:(TDS) concentrations, which
range from 67 parts per million (ppm) 'to'232.ppm (Newlin:2003). Groundwater
temperatures range from 17.6 'C to 27 °C (Newlin 2003). Recent monitoring by the
. .... ...
Butte County Department of Water. and. Resource Conservation indicates that the
.::basin is a high-quality: fresh water: basin; free of salinci4 itrusion and that it is in :good
health.
:A major cause of subsidence in California is the overdrafting of aquifers. In many.
a rs,ground .water is u.m ed fromporespaces between grains of sand and
... .
gravel. If an aquifer has beds: of: clay or silt within it,. the lowered water; pressure in the
. .
..
sand and gravel causesslow drainage of water from the clay and silt beds..The
reduced water pressure reduces the support for the clay and silt beds. Because, these
beds are compressible; they compact (liecome thinner), and the effects are seen as a
lowering of the land surface: The lowering of theland surface elevation from this
..
process is .
permanent. Recharging-the aquifer under a subsided area until: ground:
water returned to the: original levels would not result: in. anappreciable recovery. of
the:land-surface elevation.. Figure 4-7 at the end. of: this section presents a map of
...
known regional subsidence and shows that there is no.evidence of land subsidence in
Butte County;
::::: 4-5
Draft
CORRELATION OF MAP: UNITS:..:: :.NORTH.AMERICAN DESCRIPTION:OF MAP:UNITS
GEOLOGIC TIME SCALE
'Alluvium (Rolmene)-Includes surficial alluvium and stream channel deposits of unweothertd gravel, sand and silk maximum
.:Sedimentary Rocks
Volea .We Rocks
;7
.... : - LJ
... ...
..
UnmNormlty
....
o .
Uaewaformtry
dy.
3
' Uneaoformtly '
..
Uoefarmity
oei
yy�
..
C
-
U—Arealty
.
U.-ftrmity
IirLT
c
.,
:.. Uri nffinnuy ..
- EBUaemdormlty
Uncanrormlty
B
®'
®
�n
Bedrock
a
Sedimentary hal
' Metesedimentiry
Vulcank and' :'Platonic and
Metavokmic:: Memmorphie
f
... Rocks' : '
Packs .
... Rake•
...
thickness 80 fl. (adeprel from Hr1* & Harwood, J983).
... - ' Bain Depalts(Holocene)-Fine-gminod silt and clay derived from adjacent mountain rug", maximum thickness up to 200.. .
ft. (advred from Hef4y & Harwood, )98J) • .:. - ... ...
Modesto Formation, undifferentiated (Pleistocene) -Alluvial fan and terrace depoiits consisting of unconsolidated weathered: -
: and uaweathend gravel, sand, sill and clay; maximum thickness approximately 200 & (adapted from Helley 8 Harwood, 1985).
Riverbank Formation, andiflerantiated (Pleistocene)-AII¢vial fan end terrace deposits consisting of unconsolidated to
FJ semi -consolidated gravel, sand and silt; maximum thickness appmx(mmely 200 R. (adapted)ran: Halley & Harwood, )983).
Volcanic Andeslte, Basalt and Rhyollte, undifferentiated (Pleistocene) -Younger basalt flows, rhyolite and andesite found
primarily an the east side of the Sacmmmto;Vallcy; max. thickness 100 ft, (adapledjrom Halley& Hanwoad, 1983 and
Strand, 1962).
Tehama Forrantion (Plio-Pleistocene),Imludes Red B1ufformationon west side. Pale green, gray and tan sandstone and
siltstone with lenses of pebble and cobble conglomerate; maximum thickness 2,000 ft. (adapied from Helley & Harwood,
Tuscan Una D (Plio-Pleistocene)-Fragmental flow deposits characterized by monolithic masses eonteiaing gray homblende
and haoh endesites and black pumice, maximum thickness 160 ft. (adaptedfrom Helley & Harwood 1985).
r—r— Tuscan Unit C (Plio-Pkistocene}lacbtdes Red Bluff Formation on eat side. Volcanic lahars with some interbedded volcanic
conglomerate and sandstone, and reworked sediments; maximum thickness 600.R:(adaptedfrom Helley. &' Harwood, 1985,
DWR Bulletin 118.7, 2001, draft report).
. �� : ' Tuscan Unit B (Pliocene) -Layered, interbedded lahars, volcanic conglomerate, volcanic sandstone and siltstune; maximum '
thickness 600 R (adapted from Helley and Xanwod, 1985: DWR Bulletin 118.7, 2001, drat! report). ..
Tuscan Unit A (Pliocene}laierbedded Mars, volcanic conglomemta, volcanic sandstone, and m
ailtstone containing metaorphic
rock fragmenmts; maximuthickness 400 ft. (adapted from Helky & Harwood 1985: DRR Bulletin 118-7 (m pragr tss), 2001).
NEI]
and Andesites, undifferentiated (Pliocene}Older basalts and andesites found an the northeastern portion of the
�rEI Sacramento Valley and southwest of Winters;maximum thickness up to 230 fL (adapted from Helley & Harwood 1985).
Lovejoy Basalt (Miocene) -Black, dense, hard microcrystalline basalt; maximum thickness 65 ft (adapted)hom Helley &
Harwood, 1985). ..
Upper Princeton Valley fill (Lore Oligocene to Early Miocene}Non-marine sediments composed of sandstone with interbeds
of mudstone and occasional conglomerate and conglomerate sandstone; maximum thickness 1,400 ft. (adaptedjram Redwine,
_ 1972).
... - — Mant@omery.Creek Formation (Eocene) -Massive to thick -bedded conmariae sandstone with lenses of pebble conglomerate
....... Trac :.. - had shale, maximum thickness up to 650 R (adapted from'Helley & Harwood'1985):. ' ' . ' . .
�,,,,;. Lone Formation (Eocene) -Marine to m6d-marine deltaic sediments, light colored, commonly white conglomerate, sandstone -
s`•� and silatore, which is soft and easily eroded; max. tbidmcss 650 ft. (adapted from DWR Bulletin 18-6,1978. (.seely, 1965).
Lower Princeton Sabmarine Valley f01(Eoccne) includes Capay Foimation. Marine sandstone, conglomerate and .
interbedded sOry whale, maximum thickness 2,400 fl. (adapted from Redwine, 1972)
p—�
Great Valley Sequence.(Late Jurassic to Upper Cretaceous) -Marine clastic sedimentary rook consisting of siltstone, shale,
saddvone and canglamcnite; maximum ducknbss 15.000 ft.
�. Finnetsian Formation (Jurassic to Cremceoa)-Lbmmated by grccrosh-grey graywmkec with lesser amounts ofdark shale, ,limestone and redialmian chert, maximum thickness up to 25A(ofl. (adapted from strand, 1962 acrd Narrir & Webb,1990)..
Volcanic and M.otavolcaale Rods (Jurassic)-PyrecImLic rocks and flows (adaptedjram Saveedo and Wagner, 1992).
Mixed Rocks (pre -Cenozoic) -Undivided metaser imenmry_and memvolcaoic rocks of g fly verymg types (adapted from; -
:.
:Jennings, 1977).':
Ultramafle Rocks (Mesomic)-Primmily'composed of serpcutinc, with peridotite,.gabbro and diabase'(odepted from ✓eehinga,' :
.. - 1977).
UndlBereatlated Granitic Pistons (Mesomic-Paleozoic)-Undivided granitic plutons and related rocks (adaptedjrom .
J Jennings, 1977).
(( Mesozoic and Paleozole MetasedimentaryRocks (Mesaraic and Paleozoic) -Undivided metasedimentary mcks.includiag
slate; shale, sandstone, chert, conglonxmte, limestone, dolomite, ramble; phy0ite,srLis4 homfeha and quartzite (ddaptedjronr
Jennings: 1977). ... .... .... ... ..
'.0 Paleozole Metavolcanle Reeks (Palcomic)-Undivided metavolcanic rocks, primarily flows, °rcecia, and tut%includintg
greenstone, diabase and pillow lava (adaptedjrom Jennings, 1977)
Ds p Devonian and Pre -Devonian Metavolcanic Racks (Devonian and Pr Devonian) -Undivided metavolcanic rocks (adapted
. ' from Strand 1962). .
...: PreSllurkan Metasedimentary Rocks (Pre-Silurim)-Uadividad metasedimentary rocks (adaptedjram Strand, 1962).
...... ....... ....... .......
- PreSil rlan Metivolmole Rocks (Pre-Sikuian}Undivided metavolcanic racks (adrWtedfinm Srrnnd,�/962).
RS
Figure.4-2
Description of Map' Units
... _..
Butte County
Groundwater Elevations
Spring 997 ..
Well Location
fo Groundwater Elevation Contour
+
N. j /%� Dashed where uncertain
I �'�A N Arrows show the. Direction of:
ire Groundwater Movement
,
.. ,
r
to
NO
e
+ �1
+qO
o�� i • , Paradise
+
`moo ,y. * q• #.c y
Y Unit:
+
�• +
*/' * , Sacmmmm Veary ... .. .
Gmuudwmw Basi
s i
(. +
Durl iam
. J
+ ,
` :Z oke
.:
e�+:.a. +
soni:. ..
Glenn 0 „
I
o(�r
' � :O) :. t •' Vie, Richvale���l• rma%ifo I .'
elterboy I
,�: l
+
(b;:.
Butte
lermo
Bldg
,
+
+ +
�-P=mceto
:....
+
pr
♦
.:. �� ::::
3 :
Gridley
Live ' : ,
t—�...
.dwater
Note: Groun.elevations represent
.i.... l
..' ... ...
..� ......
... ...
.. ......
..
.. � �: .:
mixed ivaterbodi(confiaedand
'
,
composite). "us; location of groundwater
. .
i
contours sbould be considered'
:approximate. '
i i
t
..... .....
Table 5-1 .... ....
Monitorin Well information ii -the An el S/ou h Area
Moo ring Well General Information
Monitoring Histo Information
:...
Lowest
Highest:
Water.::
Ground
.. Water
Water'
Surface
Surface
Surface
Surface
Elevations
State Well
UTM
UTM:
Monitoring
Number of
Beginning.
Years
Elevation
Elevation
Elevation
Measured
Sub Basin
Number':
East.
Use
North:
Well
Measurements
Date
End Date
''Measured
famsl
famsl
t tams/
ft
ANGEL :..
West Butte
SLOUGH
21N01W23J01M
591109
4390448
Irri ation
234:.:.:
12/8/1941:
3/13/2003
61 :.:
119 :.
103.:
119
16
Table 5-1(continued) ' "
Monitorin Well Information in:the An" el-Slou h Area:
Geology and Aquifer Represented by Screened
Monitorin Well General Information •
" " •
Well Construction Information
""" ..... Interval of Wells • .
_..Geologic
Formation at
Geologic:
Bottom
Total
Top,
Bottom
Formation at
Perforation
:Sub
State Well:':'*
.....
UTM..:
.;
Depth
; "Perf
Pert ::
Drilled ::Top
Perforation
and
Aquifer Type and
Basin
-.'Area
Number:::
UTM East
North:::
Use
ft
ft
ft : `.
Date:
:and Confidence
Confidence:
:: Confidence
Comments:
Assumed
Screened
ANGEL
Basin :. , :
entire depth,
West Biitte
SLOUGH
21N01W23J01M
591109
4390448
Irri ation
54
Alluvium
9 "
De ositS
9
Unconfined
Possible
No Co
Source: California Department of Water Resources;"Northern District
Sub Basin: Principle. geographic area of Butte. County.
State Well Number: The number assigned to.a monitored, well,, designated by Township, Range, Section and Tract.. (See Figure.4-8)
...
UTM West: Coordinate systefii used for locating wells, similar to latitude"and longitude; measured iii meters. """; ; " """"" "" ""
UTM East: Coordinate system used for locating wells, similar to latitude and longitude; measured in meters.
Use: Current use of the well.
Total Depth: Maximum depth drilled for the well from the surface, measured in feet.
Top Peri. Distance from the ground. surface to thk shallowest perforation in the: well casing, measured iri feet.
Bottom Per.. Distance7roin the ground surface to 1h6'deepest perforation in the well casing, measured m feet:
Drilled Date: The date the well was completed as reported in the driller's log."
Geologic Formation at Top Perforation and Confidence: The estimated geologic formation present at the Top Perforation:
Geologic Formation at Bottom Perforation and Confidence: The estimated geologic formation present at the Bottom Perforation.
Aquifer Type and Confidence:: The aquifer type consists of four designations, unconfined, semi -confined, composite; and confined. Ground water occurs in aquifers under.two. different.conditions...':
Where water only partly fills.an aquifer, the upper surface.of the saturated zone is free to rise and decline. The water in such aquifers is said. to be unconfined. Water wells; screened in unconfined
aquifers are ofteri-referred to as water-table'wells. Where water completely fills an aquifer that is overlain by a'confining bed; the water in the aquifer is said to be confined '(Heath 1983): Wells
screened in such aquifers are often referred to as'artesian wells. Semi -confined aquifers occur when the confining bed is leaky, and some water can move through it: Wells that have: screened
intervals in unconfined and confined aquifers are called composite wells. Confidence is rated from'possible', which is least confident to'definite , which is most confident.
Comments: Description.of missing data or other limiting factors in estimating. geology and: aquifer characteristics.
.... .......
5-7
i
Section 5
Angei Slough Area Information
Monitoring Well 21NO1W23J01M
23JMM - This wellis located on Fell Road in an orchard. 23JOlM is a 54 -foot deep
irrigation .well that possibly represents unconfined groundwater in Quaternary
Alluvium.: It has a measurement record from 1943 to the present: The ground surface
:,at this well is 119 feet above sea level. The lowest water elevation on record for the
well was 103 feet above mean sea: level in:1976; the highest water elevation on record
was:119, feetabove mean sea. level in 1943. Figure: 5-5 is the hydrograph:of 23J01M.
Groundwater.Levelsr 21NOIN23.JO01M
Sacramento Valiey (Butte Co.)
.. . 140 rnrr'rl-rrrrlrrrrl-r. rrrl�r. rrcl-r-rr-r-l-rrrrl-rrrrlcnrrrl-rrrrl-rrrrl-rrr-rl'rrrrl-rrrn
CD
Q I 4
L 00 :'...
1 .. L
Enton-----------------------------
If 1.38' -_
:
0120 --- ------�---------------i- - - - - -- 10
� I C
110j - :::.
= I !
I
.100' I ::.: i 20
is o
W .90i i'30 L
I - Source: BeKartment::of .Water Resou,^ces
80 u_r_r_r_Li.r_r_r_I_yj_r_r,1_r_r_r_r_I_r.r_r_r_i_r.r_r_r_I,i_iai__I_r_i_r_r_1_r_r_i_r_1__r_r_r_I_-_ra_I_r_r_r_r_I_i_r_r_r_I_r_r_r_r_r . • : .
1940.1945 1950 1955"1960 1965 1970 1975 1980 1985 1990 1995"2000 2005 2010
Calendar Year::: Questionable Measurement
Figure 5-5
Hydrograph of Monitoring We11.21NOIW23JOlM
5:3.3 Water Quality Monitoring:
The Department monitors.9 wells in Butte County.for water quality annually. The
. .
County monitors well 15EO2M'in the Durham Dayton Area and .15DO2M in the M&T
Area, which are the wells closest to the:Angel Slough Area.: The results of testing for
..
wells.15E02M and 15DO2M and the res....
lts for. other water quality monitoririg wells.
may be found in Table 4-2 (Section 4.2.2). Figure l : shows the location of water
uali moriitorin wells. All water uali attributes measured in these wells are
q. ty g:... q . tY
within preferable ranges.
BMO planners; can interpret th6 results of water u. ...hmonitoring Y' c.omParmg
:ahem to DHS thresholds of water uali Thresholds 'are ez ressed in rlm and
q ty-: p.. p ary 0 .
secon ary maximum contaminant levels (MC
L)..The primarythreshold refers to the
�J: CDM : 5-8
Section 5
:Angel Slough Area. I:nf ormation
This section providesinformation on'the local physical setting, the groundwater
infrastructure, and groundwater monitoring in the Angel Slough Area.'The physical
:. setting includes surface water features,:the local geology, and; groundwater
:conditions. Information about the numbers, types, and depths: of wells installed' in the
area is •provided in the infrastructure description: -The description of•groundwater
_...
monitoring •covers.the location and frequency of groundwater level measurement,
water quality measurement, and subsidence monitoring:
5.1:Local Physical; Setting
Figure 5-1 at the end of this section displays the Angel Slough Area, which contains
about 5,400 acres -in the western portion of the West Butte Sub Basin. The Angel
Slough Area s agricultural land is primarily orchards and row crops; supported by
..both groundwater and surface water, with about 70 percent of the area's summer
agricultural production supported by groundwater in normal years (DWR 2002).
5.1.:1 Surface Water. Features
- :
-As Figure 5-1 shows :the Sacramento River forms the western boundary of the:Angel
Slough Area, and L;ittle:Chico.Creek flows along the southeastern side of the area:
5.11 Geolo
Geolo 'c formations in the An el:Slou Area from oun est (shallowest) to oldest..
�. g .. Y g )
(deepest)','include Quaternary :Alluvium the Modesto Formation, the Tehama
Formation, TuscanUnit C and Tuscan Unit B (Figures 4-1 and 4-2).
ii "Quaternary Alluvium is composed of 'stream channel deposits of unweathered
gravel, sand and silt (adapted from Helley and Harwood 1985). Quaternary
_Alluvium is exposed at the surface throughout the :Angel; Slough Area and is.::.
::estimated to be 50 feet thick in this. area: It may be a water bearing. unit,: but its.:.
thickness and extent' limits its capabilities.
ii: The Modesto Formation is composed of undifferentiated alluvial fan and terrace
deposits consisting of unconsolidated weatheredand unweathered gravel, sand,
silt, and clay (adapted front Helley and Harw6od:1985). This formation is present
beneath Quaternary Alluvium throughout the area,. with a. maximum thickness of
-100 feet. The Modesto Formation is'a water-bearinguriit._
■
-The Tehama Formation is:composed of sandstone: and silts tone witliaenses of
pebble and cobble conglomerate (adapted from Helley and:Harwood 1985). The
Tehama Formation is present below the Modesto Formation in the southern portion
of the:area, but pinches out: to; the north and is, not present in the northern portion
of the area. It -has a maximum thickness of 300 feet in the. south and is a water
cm
:: 5-1
Section 6
Angel Slough Area Information
bearing:unit. Irrigation wells'in the southern portion of the area are:hkely to be
using water from the Tehama Formation.
ii Tuscan Formation Unit C is composed of volcanic lahars with some interbedded::,
volcanic conglomerate and sandstone, and reworked sediments (adapted from
Helley and Harwood 1985). Tuscan Unit C underlies the Modesto formation:in:the
north and the Tehama Formation in the south. It has a maximum thickness of 500
feet and :is a water -bearing. unit in the Angel Slough Area. Irrigation :wells in the
.....
northern portion of the area are likely to be using water from Tuscan Formation
::: Unit C
■ Tuscan Formation Unit B has interbedded lahars: volcanic cohglorrierate, volcanic
sandstone and siltstone with a maximum thickness .of 600. feet (adapted_ from . .
Helley and Harwood 1985). Tuscan Unit B is throughout the Angel Slough Area
and underlies Tuscan Formation Unit C. Tuscan:Unit B is a water -bearing unit in: .
this area:
5.1.3 Groundwater Setting
Figure 4=4 shows the spring 1997 direction of groundwater movemerit.with a series of.
small arrows perpendicular to the groundwater elevation contours. As the figure:
shows, the regional pattern of spring groundwater movement'in.the.Angel Slough
area is in a:south-to southwestern direction; at.a gradient of approximately 7 feet per
mile.
Figure 4-5 shows seasonal groundwater level fluctuation in the Angel Slough Area.:
Each contour line on Figure 4-5 represents a line:of equal groundwater change
between the spring and summer measurement periods in a: normal water year. ;This
figure shows that'in the normal year,.seasonal groundwater level fluctuation in the
Angel Slough Area averages -5 feet (DWR 2002),
:5.2 Local Infrastructure Setting ; ..
DWR compiles well infrastructure information analysis of its Well Completion Report
database: The accuracy of the location information varies according to the source of
the particular. data.: Although most locations are correct to. within 1 mile (300 feet for
monitoring wells); some Well Completion Report data may be in error by up to
several miles.
5:2.1 Groundwater Use
There are two primary uses for,. groundwater in the. Angel Slough Area; domestic and
irrigation. Domestic wells are typically shallower wells than irrigation wells. The
domestic wells extract groundwater yearround, and the irrigation wells primarily
extract groundwater during the summer months, June through September. Figure 4-5
shows the groundwater level_ drawdown relatedao seasonal groundwater
withdrawals for irrigation. The Angel Slough Area's water supply is 2%0 (200 acre-
5-2
......
Section 5 , •.
• : • . , • � . . • .Angel lough Area Information
feet): surface water, 93%-.'(10,Q00` cre-ft) groundwater, and 7% (700 acr&ft) reused
surface' Ater; .. .
..
.511 Existing Infrastructure
According'.to the Well Completion Report database on file at the Department of Water . ..
Resources, the Angel Slough area'has about 55 wells. As Figure 5-2 shows, the.":::. :
database hsts•15% of the•wells (8 'wells); as domestic, 78% 'of the wells. (43 wells) as
irrigation; 4% of the7wells'
: (2 wells) as•morutoi�ng, o
...
and 4% (26 wells) as ,z s
:. i4
other•(DWR.2002). There
w
:..: are no reported
inunici al wells m.tlie r .:
P
Anger Slough Area:..:. ..... ' r Y�.; ,�
� 4:'J ODomestic
94vof i x ; K4C r'i t" iy„ „ Sr: ,. '4 i L y...,��.y� Olrtigffilon
MMunicipal
The Vertical* bars in.. t y<
• � : � OMontto '
' .: Figure 5 3 show.the total OOther rin
1 r c
9
number of irrigation T' � �t�� G f , , � , . , ,� �. •r
wells associated with x �)
each 25-foot depth.::§ ° '
interval an the Angel?
Slough Area. For F
gr
exairtple,' Figure 5-3.
Total Number of Wells = 55
:'shows that the Angel
.... ce. Water our istrict
Sourc6: of Wat Res • ces, Northern D' ...
J Slough Area has one f=igure 572 '
G ;
irrigation well ata depth roundwater'Wells. 6d Use Anel Siou-4h Area
;.Of 125 feet. Figure.5-3:also contains a. line: showing the cumulative frequency of
irrigationwell depth. •The.cumulative'frequency line shows, for:example, that 50 .....
percent of the irri aeon,wells 25 wells m the Angel Slough Area are installed
.. g .•(. )� gto a. •. g
depth of about 225 feet or less '(DWR 2002).
.. ..
Figure 5=3.shows that approximately:
' .,M . 20% of irrigation wells (10 wells) are:125 feet dee
...... .: p or'less. .:'...
...... .... .
irri
■ 40% of irrigation wells (20 :wells) are 200 feet deep or less.
. g .
■ :.60% of irrigation :wells 30 wells are:250 feet deep or less'::
::: ' ■
80%. of irrigation wells (80. 'ells) are 315 feet deep or less.
. :: .... .. .. .... .. .. .... .. i ....
.. :. :: .... :: ..:. :. ::
' :.. C...:... 5-9
Board of Supervisors — Appeal Hearing
C T Chico Ranch Mine (MIN 96-03)
nuary 8, 2008
text in the Final EIR. The errata includes a description of the Llano Seco Ranch as part of the
Regional Environmental Overview and reference to the Williamson Act immediate cancellation
request as part of the Detailed Project Description.
Additional background discussion is provided in the attached Planning Commission staff
reports. This includes the November 30, 2006, December 14, 2006, January 25, 2007 and
February 22, 2007 reports. These reports, the Draft EIR and Final EIR are available for review
at http://www.buftecounty.net/dds.
General Plan Consistency and Land Use Compatibility
The appeal letters have challenged the consistency of the project with the General Plan
referencing a page in the Agricultural Element. General Plans are required to be vertically and
horizontally consistent. The Land Use Element lists resource extraction and processing as a
secondary use in the Orchard and Field Crop land use designation. The zoning ordinance lists
mining as a conditionally permitted use. The Draft and Final EIR address General Plan
consistency under CEQA. Conditionally permitted uses are those that may not be appropriate
in all locations of the same zone and thus require discretionary review. The key part of the use
�
ermit process is to evaluate the site proposed in the use permit application and determine
chat with conditions, the location is appropriate and consistent with the General Plan. The
criteria for granting use permits are contained in Section 24-45.10 of the Butte County Code.
This section states: The Planning Commission, on the basis of the evidence submitted at the
hearing, may grant use permits required by the provisions of this chapter when it finds that the
proposed uses of the property will not impair the integrity and character of the zone in which
the land lies and that the use would not be unreasonably incompatible with, or injurious to,
surrounding properties or detrimental to the health and general welfare of the persons residing
or working in the neighborhood or to the general health, welfare and safety of the county. The
Planning Commission considered the record as a whole and determined that the project is
consistent with the General Plan.
Mr. Jones' appeal letter references page AE -14 of the Agricultural Element with a quoted
section from this page. This section appears in Program 3.6 which states: Provide a definitive
purpose section for the agricultural zones and a list of agricultural uses, including, but not
limited to, crop production, orchards, aquaculture, animal husbandry, agricultural industries,
and the like, which preserve, promote, and support the agricultural area. The above program
is a requirement to provide more definition to the agricultural uses in the agricultural zones of
the County. This is not a statement or a restriction as to the activities that are conditionally
permitted in the agricultural zones. Program 3.6 is listed under policies and Goal #3 of the
Element: Support the management of agricultural lands in an efficient, economical manner,
with the minimal conflict from non-agricultural uses.
-0-
2
11
Board of Supervisors — Appeal Hearing
1T Chico Ranch Mine (MIN 96-03)
uary 8, 2008
Additional quotes were referenced from County Code. Below are those two quotes underlined
in the full context of Section 13-101 of the Butte County Code.
Chapter 13 Surface Mining and Reclamation
13-101 Purpose and intent.
(a) The purpose of this article is to implement the provisions of the California
Surface Mining and Reclamation Act of 1975 as amended (the "Act," Public
Resources Code section 2710 et seq.).
(b) It is the purpose and intent of the board of supervisors to create and maintain
an effective and comprehensive surface mining and reclamation policy with
regulation of surface mining operations so as to assure that:
(1) Adverse environmental effects are prevented or minimized and that mined
lands are reclaimed to a usable. condition which is readily adaptable for alternative
land use.
(2) The production and conservation of minerals are encouraged, while giving
consideration to values relating to recreation, watershed, wildlife, range, and
forage and aesthetic enjoyment.
(3) Residual hazards to the public health and safety are eliminated.
(4) The extraction of minerals is essential to the continued economic well-being of
the county and to the needs of society, and that reclamation of mined lands is
necessary to prevent or minimize adverse effects on the environment and to
protect the public health and safety.
(5) The reclamation of mined lands as provided in this article will permit the
continued mining of minerals and will provide for the protection and subsequent
beneficial use of the mined and reclaimed land.
(6) Surface mining takes place in diverse areas where the geologic, topographic,
climatic, biological and social conditions are significantly different and that
reclamation operations and the specifications therefore may vary accordingly.
(c) This article shall be reviewed annually and revised, as necessary, in order to
ensure that it is in accordance with the state policy for mined lands reclamation
and to encourage the mining industry of Butte County.
One of the purposes of a reclamation plan is to identify a proposed end use and to return the
land to a condition that is appropriate for the proposed'end use.- The proposed end use of a
lake with habitat does not conflict with section 13-101 of the Butte County Code.
Without Batch Plant - Only
Concern has been expressed regarding the "with batch plant scenario" because the Draft EIR
r Includes this option in the analysis throughout the document. In order to clarify that the current
project under consideration does not include a batch plant, staff prepared the findings included
with the Final EIR certification that only lists the "without batch plant" scenario. In the last
several public hearings, testimony indicates that there remains some doubt as to the status of
5
Board of Supervisors — Appeal Hearing
gft&T Chico Ranch Mine (MIN 96-03)
nuary 8, 2008
the batch plant scenario. In order to underscore that the batch plant is not included, the
applicant proposes a condition of approval that clarifies that this is not proposed or authorized
as part of the project. The following underlined section has been added to Condition No. 1:
1. This Mining Use Permit allows the extracting, processing, and sale of up to
5,500,000 cubic yards of aggregates within Assessor Parcels 039-530-023 and
025 ("Project") in accordance with County ordinances and land use regulations
subject to the following terms and conditions. This approval also allows
construction of facilities ancillary to the mining project and related improvements.
The Owner/Operator is prohibited from operating a batch plant at the Project site.
Denial of the Williamson Act Immediate Cancellation request
The Board of Supervisors denied the request for immediate cancellation of the mining area
from the Williamson Act. One of the requirements for a property owner to request immediate
cancellation is to record a non -renewal of the contract with the County. That non -renewal was
filed on October 11, 2005 and the contract will expire on December 31, 2014. The applicant
has proposed a condition of approval for the Board to consider that does not allow excavation
Of the mining area until the contract expires. This proposed condition reads as follows and is
Included in the attached conditions of approval for the Board's consideration as a replacement
of Condition No. 15.
15. Pfier to establishment of the use-Ov,%e er-ater- shall ebta n County Bear-'
efSupervisers approval ewe -partial Cali eR:iia—Land Censer�atien Ae
(Alilliamsen4M) immediate--c-aneellation request er- deteEminatien of
^mpatibil The Owner/Operator is prohibited from extracting sand, gravel or
other mineral resources from the Project site before the Land Conservation Act
contract entered between M&T Incorporated and the State of California, dated
December 11, 1975 has expired on December 31, 2014.
Section 13-108 of the Butte County Code requires applicants to commence mining operations
within 5 years of the date of approval. An extension to that can be considered by the Planning
Commission if the request is filed prior to expiration. As noted above, the Williamson Act
contract expires in seven years, however, several aspects of the project can be commenced
without mining material from the contracted land. For example, the applicant must obtain other
permits, prepare the site, and construct the processing facilities. The processing plant facilities
are located on farmland to be reclaimed to prime land under State Mining And Geology Board
Reclamation Regulations section 3707 (see Prime Farmland versus Non -prime discussion
Opelow).
2
T
Board of Supervisors — Appeal Hearing
AN&T Chico Ranch Mine (MIN 96-03)
nuary 8, 2008
Prime Farmland versus Non -prime
The EIR contains information regarding the soils on the mining site. The Kelly & Associates
Environmental Sciences report, Capability Assessment Soils of the M&T Chico Ranch Mine
Site, dated February 2003, is included as Appendix B of the Final EIR. This document is an
analysis of the site specific conditions using a rating system with four factors:'A - Soil Profile; B
— Texture of the surface soil; C — Slope and undulations; and X — Other factors. Each of these
factors includes a value expressed as a percentage. Based on the methodology outlined in
the report, each of the soil classes on site are rated less than prime. The County Assessor's
Office considers the site to be prime farmland under the Williamson Act. Dean Burkett of the
National Resource Conservation Service (NRCS), Chico office, has indicated that the site is
prime farmland if irrigated.
Does the EIR presented to the Board for consideration of certification contain sufficient
information to make an informed decision on the project? Under CEQA Guidelines section
15151, Standards for adequacy of an EIR: An EIR should be prepared with a sufficient degree
of analysis to provide decision -makers with information which enables them to. make a decision
which intelligently takes account of environmental consequences. An evaluation of the
environmental effects of a proposed project need not be exhaustive, but the sufficiency of an
0r -:' IR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts
oes not make an EIR inadequate, but the EIR should summarize the main points of
disagreement among the experts. The courts have looked not for perfection but for adequacy,
completeness, and a good faith effort at full disclosure. (Emphasis added). Page 4.0-30 of the
Final EIR includes a reference to the NRCS and County Assessor's Office determination of
prime farmland. These are responses to comments on the Draft EIR. Page references to the
Draft EIR are provided in this Final EIR section. While this is not specifically a summary
format, the key issues of disagreement, NRCS ratings and Assessor's Office Williamson Act
designations, are included in the Draft and Final EIR documents.
Based on the record, Development Services recommends that the Board can certify the Final
EIR with the existing information. If the Board, upon reviewing the record as a whole,
determines that the land in its current; non -irrigated state is prime farmland, then the Final EIR
should be modified to reflect that determination prior to certification. Specific references
should be identified in order to direct the County's environmental consultant accordingly. Staff
would return with the necessary revisions as directed by the Board for future consideration of
certification.
Most of the testimony has centered on the mining area of the project in regards to the prime
farmland issue. The plant site, however, is required to be reclaimed to prime farmland
consistent with the reclamation plan and State Mining And Geology Board Reclamation
Regulations section 3707 (Performance Standards for Prime Agricultural Land). As noted in a
0November 19, 2004 letter (copy attached to this report) from the Department of Conservation
to the applicant's representative, Jeff Dorso, the processing facilities are considered
compatible if cancellation on the mining site is approved and the processing site is reclaimed
to prime. While this letter was written to I address the Williamson Act issues, it is helpful in
7
7
Board of Supervisors — Appeal Hearing
&T Chico Ranch Mine (MIN 96-03)
nuary 8, 2008
demonstrating the Department of Conservation's position of the relationship between SMARA
and the Williamson Act as it relates to the plant site. The reclamation plan as proposed meets
the requirement of section 3707 as it relates to the plant site. In order to clarify this
requirement and to better illustrate consistency with the position of the Department of
Conservation, staff has modified Condition #8 as follows:
8. All Reclamation work, including reclamation of the plant site to prime farm land
under SMARA section 3707 (Performance Standards for Prime Agricultural
Land), shall be in substantial compliance with the approved Reclamation Plan and
the Surface Mining and Reclamation Act as determined by the County.
PG&E Gas line
At the November 6, 2007 hearing, testimony was provided by one of the appellants, Ron
Jones, that the project could conflict with an 18 -inch gas line that is not shown on the
reclamation plan exhibits. Pacific Gas and -Electric was contacted early in the EIR process.
They provided a written response in 1997 (copy attached to this report) indicating potential
conflict with their transmission lines. As a result of this early input, conditions were added to
Oddress this issue. The existing conditions of approval contain three conditions pertaining to
Pacific Gas and Electric. These conditions address work within PG&E easements and effects
on their lines. Condition numbers 24, 25 and 26 are as follows:
24. If there is a conflict between the mining operations and the PG&E natural gas
line, Owner/Operator will be responsible for the relocation of the PG&E gas line
and all associated costs, along with the acquisition of new rights of ways.
25. Weights of all mining equipment shall be provided to . PG&E to ensure that
weights will not damage gas lines.
26. Any use of PG&E easements shall require a review and consent of PG&E. Upon
review a consent agreement would be prepared if the use is appropriate.
Staff conducted a site visit to the location referenced by the appellant as the odorization
facility. From that location there was above ground signage south of the facility and east of the
facility. There was no visible above ground signage extending north of the referenced facility.
Staff also contacted Pacific Gas and Electric Land Services division regarding this issue. The
local PG&E representative indicates that the facility is an odorizer control station. There is a
16 -inch line along River Road and an 8 -inch line extending east in the direction of Chico.
S
0
Board of Supervisors — Appeal Hearing
T Chico Ranch Mine (MIN 96-03)
nuary 8, 2008
Statement of Overridinq Considerations
The Planning Commission's approval of the project required a statement of overriding
considerations under CEQA. The EIR identifies impacts that cannot be reduced to a level of
less than significant. These are listed in the Final EIR and the statement of overriding
considerations. A summary listing of these impacts is provided:
Impact 4.5.-5: Addition to Carbon Monoxide (CO) Hot Spots - Certain
intersections in the vicinity of the Project will experience congestion under
cumulative conditions.
Impact 4.6-4: Highway 32/West 5th Street Intersection - The proposed Project
will add 10 or more trips per day to the intersection of State Highway 32/West 5th
street. ° This intersection has been identified as a location having 4 or more
accidents in a 12 -month period over the last three years. This location also had
more than one accident over a 12 -month period, which involved heavy vehicles.
This is considered a significant impact.
Impact 4.6-5: Park Avenue/East 20th Street/East Park Avenue - The
proposed Project will exacerbate LOS F operating conditions on Park Avenue
from East 20th Street to East Park Avenue under cumulative conditions.
Impact 4.6-6: East Park Avenue/Park Avenue/Highway 99 - The proposed
Project will exacerbate LOS F operating conditions on East Park Avenue from
Park Avenue to Highway 99 under cumulative conditions.
Impact 4.6-7: Bruce Road/Highway 32/Skyway - The proposed Project will
exacerbate LOS E operating conditions on Bruce Road from Highway 32 to
Skyway under cumulative conditions.
Impact 4.6-8:-- Baldwin Plant Driveway/Skyway - The proposed Project will
exacerbate LOS F operating conditions in the a.m. peak hour and LOS D in the
p.m. peak hour at the intersections of the Baldwin Plant driveway and Skyway
under cumulative conditions.
Where an agency considers approving a project where significant impacts will occur, it must
identify social or economic benefits through a statement of overriding considerations. This
statement identifies certain benefits that outweigh the impacts. The list, as provided in the -
attached Planning Commission resolution of approval, includes the following: Local source of
aggregate, tax revenue, employment opportunities, development of an important mineral
resource as designated by the State Geologist (MRZ-2), potential decrease in transport
distance. and related air quality, fuel usage and road miles traveled, creation of habitat,
monitoring of ground water quality and a decreased reliance on in -stream mining. A Board of
Supervisors resolution has also been prepared containing the same findings for a statement of
overriding considerations.
9.
0
Board of Supervisors — Appeal Hearing
ITChico Ranch Mine (MIN 96-03)
Wary 8, 2008
If you have any questions, please do not hesitate to contact me at 530-538-6821 or Pete
Calarco, Assistant Director at 530-538-2167.
Sincerely,
Wine"I"
� o�lings, Director
Attachments
Attachment A — A Resolution Of The Butte County Board Of Supervisors Certifying The Final
Environmental Impact Report, Adopting Findings Of Fact, And Adopting A Mitigation
Monitoring And Reporting Program For The M&T Chico Ranch Mine Mining Use Permit And
Reclamation Plan (MIN 96-03).
Exhibit 1.. Impact Statement, Mitigation Measures and Findings of Fact
Exhibit 2 Mitigation Monitoring Plan
0
Attachment B - A Resolution Of The Butte County Board Of Supervisors Approving The
-Mining Use Permit, Reclamation Plan, And Financial Assurances For Baldwin Contracting
Company (MIN 96-03).
Exhibit 1 Financial Assurance Estimate
Exhibit 2 Statement of Overriding Considerations
Exhibit 3 Conditions of Approval (Including three revised conditions proposed by the
applicant. These are shown as an addition to Condition No.1 and Condition No. 8 and a
replacement of Condition No. 15 shown in underline/strikeout format) - with Table A - Public
Works Fair Share Cost Estimates
Attachment C — County EIR consultant, Resource Design Technology, 'Inc, presentation
slides
Attachment D — 1997 PG&E Letter, 2004 DOC Letter.
Attachment E —Vicinity Map
Documents previously transmitted to the Board under the Apri124, 2007 staff report:
Vicinity Map
Attachment A - Board Resolution Certifying EIR
Exhibit 1— Impact Statement, Mitigation Measures and Findings of Fact
Exhibit 2 — Mitigation Monitoring Plan
10
10
Board of Supervisors — Appeal Hearing
&T Chico Ranch Mine (MIN 96-03)
nuary 8, 2008
•
Attachment 8 - Board Resolution Approving Project
Exhibit 1 — M&T Chico Ranch Mine Financial Assurance Cost Estimate
Exhibit 2 — Statement of Overriding Considerations
Exhibit 3 — Conditions of Approval
Table A — Public Works Fair Share Cost Estimates
Attachment C - Appeal Letters:
Howard Ellman (representing Parrot Ranch/Llano Seco Ranch)
Ron Jones (serving as the contact for 13 concern property owners/organizations)
Attachment D - Letter to the Board — Deipenbrock Harrison on behalf of Baldwin regarding the
appeal letters
Attachment E - Planning Commission Staff Reports
November 30, 2006 and Minutes/Transcript
December 14, 2006 and Minutes/Transcript
January 25, 2007 and Minutes/Transcript
February 22, 2007 and Minutes
Attachment F — Planning Commission Resolutions (PC07-06 & PC07-07)
Draft EIR
Final EIR (includes additional Williamson Act discussion and Errata Additions)
Reclamation Plan
11
11