HomeMy WebLinkAbout07-068 (2)RESOLUTION
A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
APPROVING THE APPEAL OF CONDITION #12 OF MIN OS-Ol AND ADOPTING A
MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING MINING PERMIT
AND RECLAMATION PLAN 05-01 AND MODIFICATION OF USE PERMIT 93-36
FOR THE MORRIS RAVINE QUARRY
WHEREAS, the Planning Commission, an January 25, 2007 considered Mining Permit
and Reclamation Plan 05-01, modifying Use Permit 93-36 for Mineral Resources, LLC, in
accordance with the requirements of Chapter 13 (Grading and Mining}, Article II {Surface
Mining and Reclamation) of the Butte County Code on Assessor's Parcel Numbers: 41-300-003,
41-220-050, 41-220-051, 41-300-001, 41-300-047; and
WHEREAS, the Planning Commission considered a Mitigated Negative Declaration in
accordance with the California Environmental Quality Act; and
WHEREAS, said Mitigated Negative Declaration was referred to various affected public
and private agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a public hearing was held by the Planning Commission on December 14,
2006; and
WHEREAS, the Planning Commission required ~ the inclusion of two additional
conditions (Condition #12 concerning days of operation and Condition #13 concerning weed
management) and passed a Motion of Intent to approve this mining operation on December 14,
2006, and held a meeting for this purpose on January 25, 2007; and
WHEREAS, the inclusion of Condition #12 concerning the limitation on hours of
operation was appealed by the Applicant, Mineral Resources LLC, to the Butte County Board of
Supervisors; and
WHEREAS, the Board of Supervisors held a public hearing regarding this appeal on
April 10, 2007, and,
WHEREAS, The Board of Supervisors has considered public comments, and a report
from the Development Services Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors:
I. Adopts a Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California
Environmental Quality Act. Said study identified significant
environmental effects and included mitigation measures that would
mitigate such effects below significant levels; a Mitigated Negative
Declaration is proposed.
B. The Board of Supervisors has considered the proposed Mitigated Negative
Declaration, together with comments received during the review process.
C. The Board of Supervisors re-applies Mitigation Measure #9 that was
removed by the Planning Commission's approval of this Project.
D. On the basis of the whole record before the Board of Supervisors,
including the Initial Study and any comments received, there is no
substantial evidence that the Mining Pern~it for Mineral Resources, LLC,
Planning Division File Nos. MIN OS-O1, would have a significant effect on
the environment. The custodian of the record is the Development Services
Department, Planning Division. The location of the record is 7 County
Center Drive, Oroville CA 95965.
E. The proposed Mitigated Negative Declaration reflects the independent
judgment and analysis of the County, which is the Lead Agency.
II. This project has the potential to have a significant impact to fish or wildlife
habitat. The collection of Department of Fish and Game fees pursuant to Fish and
Game Code Section 711.4 and 14 CCR 753.5 is required unless the Notice of
Determination provided to the County Clerk is accompanied by a completed form
from the Department of Fish and Game documenting the Department of Fish and
Game's determination that the project will have no effect on fish and wildlife.
III. The Board of Supervisors approves Mining Permit OS-01 and modification of Use
Permit 93-36 for Mineral Resources, LLC, removing Condition #12 concerning
the limitation on days of operation {Condition #12: "All mine operations,
including trucking, are limited to Monday through Friday, 24 hours each day. No
mine operations or trucking shall take place on Saturday or Sunday".} and instead
approves the mine operation for operations 24-hours per day, 7 days per week as
originally requested, subject to the conditions found in Exhibit "A", and the
following finding:
A. Approval of this project will not be detrimental to the general health, safety
and welfare of the public because the mitigation measures identified by the
project initial study have been incorporated into the project as conditions of
approval.
B. The amended Mining Permit and previously approved Reclamation Plan
complies with Public Resources Code Section 2710 et seq. {Surface Mining
and Reclamation Act} and Butte County Code Chapter 13, Article II, Surface
Mining and Reclamation.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors:
DULY PASSED AND ADOPTED this 14th day of April, 2007, by the following vote:
AYES: Supervisors ConnelJ.y, Kirk, Josiassen, Xamaguchi and Chair Bolan
NOES: None ~~
ABSENT: None
ABSTAIN: None
1OLA1~, Chair
f Supervisors
of Butte, State of California
A'
Administrati
and Clerl~ of the Board !
of Butte, State of Californa