HomeMy WebLinkAbout07-199+++~~ sUpL~'+i
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,off'. ~~~°~ BOARD OF SUPERVISORS
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* ~ : >k~ COUNTY OF BUTTE, STATE OF CALIFORNIA
•s~ G'O(jN'1`+++ ~'c~solufion N~~. 07-199
DETERMINATION REGARDING MANAGED WETLANDS/WILDLIFE HABITAT AREA;
ACCEPTANCE OF EASEMENT AS "RESOURCE MANAGEi"JIENT PLAN"; DETERMINATION OF
COMPATIBILITY OF STRUCTURE WITH WlL~.!Ar~ISON ACT; SIMULTANEOUS RESCISSION OF
CURRENT WILLIAMSON ACT CONTRACT AND ENTRY INTO NEW CONTRACT FOR LITTLE
DRY CI~EEIC FARM.
WHEREAS, the subject property +/-602-acre proc~erty described as Assessor's Parcel Number
022-030-015, 017, and 018 owned by Little Dr}~ t^ree; Farm the ("Owner") is located between Afton
Road and North Club Road, on the west edge of Butte County, and is currently subject to the
provisions of a Williamson Act Contract between the Butte County and Thora Jean Bohannon
(recorded February 28, 1983, as Instrument #8?-6982 in Book 2800, Pages 408-416 of the Official
Records of Butte County); and
WHEREAS, Owrrer of the subject pro~~erty has submitted an application to convert the
approved use on their VViI!iamson Act cont~ acted lar id from the current 40-acre minimum acreage rice
production contract to a habitat conservation/m~~r~aged vt~etlands "open-space use" contract; and
WHEREAS, I';abita~t conservation and marrat~ed vretlands uses are allowed uses on Williamson
Act land pursuant to rovernr~ent Code Sections > t2CO~o) and 51205; and
WHEREAS, on Niay 22, 2003 Butte Goun~y approved a grading permit to convert the subject
property from its rice fa:-ming use into waterfowl i-;~oitat; and
WHEREAS, Owner has granted a perpetual habitat conversation easement to the United
States Department of Agriculture, Na~'.ural Rc°;ource~t Conservation Services (NRCS) Wetlands
Preserve Program, Agreement #B-66-91 C=4-1-1 ~L ziWxhibit A here attached, recorded June 20, 2003
as Instrument #2.003-U0403G0) establishing tl•;is prop=.~rs:y as a wildlife habitat conversation land,
Owner proposes that this easement serve as the "resourLe management plan"; and
WHEREAS, on July 15, 2007 the 'v~,~iili~r:rist~n ~~ci Advisory Committee review this project and
recommended that the Board of Supervisors simul7aneously rescind the current Williamson Act
contract and eE~ter into a new contract (Ex?ibit B} for habitat conservation/ managed wetlands; and
WHEREAS, this project conforms to Resolr.;tion 07-021 Rule 4B Required Open Space Use
Findings, Rule 4 E. regarding Con~~ie;~iir~g "Agrica:;tural Lse" Contracts to "Habitat Conservation", and
Rule 5.B.1.f Open Space for Wilaiife t-la%iitc^t ~.r~:a; c~1d
WHEREAS, there is a permitted ~r~ f; ar;ci :;~p~iit; system on fhe southeastern corner of APN
022-030-017 of the subject pro~certy; and
WFfIwREAS, Corner has sub~nit~ted a u;::~.:;;rrq ~~errnit application to construct a 4,800 square
foot accessory struc°:ure or ~ APN 022-03t)-01 7 -:~.~ bE_: used primarily for storage of the agricultural
equipment necessary to maintain and manage th~3 wildlife habitat, with a 1,200 square foot portion to
be for the private use of the Owners with r;o overnight or residential occupancy; and
WHEREAS, on July 19, 2007 Cor~r~ty staff consulted with the Department of Conservation
(DOC) regarding this proposed wildlife habi~at conservation easement use on the site, with the DOC
staff concurring that simultaneous rescission of the :axisting rice contract and entry a new contract for
open space wildlife habitat conservation would be the appropriate course of action, and that the
proposed 4,800 SF structure appeared to be consistent with Williamson Act regulations and would not
constitute a material breach; and
WHEREAS, California Land Conservatior7 r;Williamson) Act contracts are exempt from review
under the California Environmental Quality k;;t per Categorical Exemption 15317.
NOW, THEREFORE, BE IT RESOLWED by the Board of Supervisors of Butte County as
follows that:
1. The Board determines the subject +%-E~02-~rcre property (APN 022-030-015, 017) to be an area
of great importance as a managed wetlands foY protection and enhancement of wildlife habitat
resources; and
2. The Board accepts and approves the Natural Resources Conservation Services wildlife habitat
conversation easement (Exhibit A, ynstriament x#2003-0040300) as an acceptable "resource
management plan" for the habitat cor~sc:r~;a.tiar~i nanaged wetlands Williamson Act contract on
APPJ 022-030-C15, 017, and 018;and
3. l-he Board determines that the 4,800 square foot agricultural storage/hunting clubhouse
structure being built on the property is compatible with the new Williamson Act contract for
habitat conservation; and
4. The Board approves simultaneous rescission of the current LCA contract (Thora Jean
Bohannon, recorded February 28, 1983 as Instrument #83-6982 in Book 2800, Pages 408-
410 of the Official Records of 3rat~e C.cu~rty) and entry into a new contract (Exhibit B) for
habitat conservation; mar}aged we4len;~~z t~ r Ai'fJ 022-030-0 ~ 5, 017, and 018.
PASSED Ar~~iO ADOFYED by the i3aar,:f of Supervisors of the County of Butte, State of
California, this 11th r:iay of December, 200? by th y °~ ello~~~ing vote.
AYES: Super~!isors t;or~neily, Josiasser, ,,~ ~.rp~aguchi, Kirk and Chair Dolan
NvES: None
ABSENT: None
NOI V'tUTING: None
ATTEST:
__~- - _, Jane Dolan CHAIR
RJutt~; County Boa,~d of Supervisors
C. Brian Haddi~`Chuie:f P,dn1in:sra~iive Officer
and Clerk o~tf~i~:lBdard' of Supervisors
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Cr~puty ,