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HomeMy WebLinkAbout08-131,.•h-:~ sup,-.,. 4 ~~ i~ '~i: ~:~w °= :~: BOARD OF SUPERVI~CJRS a~; ;~. ~~+,~ COUNTY OF BUTTE, STATE OF CALIFORNIA • ~.• +~ •'•. .,~•'r~ G4i~. ~'••;;~G+pUI3~'1•,~.••~ Resolution No. 0~-13 z A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTING A MITIGATF,D NEGATIVE DECLARATION PREPARED BY THE COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES, PLANNING DIVISION FOR THE LOWF,R TUSCAN AQU[FER MONITORING, RECHARGE AND DATA MANAGEMENT PRO.IECT AND AUTHORIZING THE APPROVAL OF THE GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES AND THE BUTTE COUNTY DEPARTMENT OF WATER AND RESOURCE CONSERVATION - AGREF.MENT NUMBER 4600007656 UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 WHEREAS, the Board of Supervisors has approved Resolution OS-067 authorizing the finalization of the Butte County Integrated Water Resources Plan which sets the initial policy direction as outlined in the Plan; and WI~ERF,AS, the Board of Supervisors has approved Resolution OS-089 authorizing the submittal of a grant application under Proposition 50 for Integrated Regional Water Management funding for identified projects, which included the Lower Tuscan Aquifer Monitoring, Recharge and Data Management Project; and WHEREAS, the Board of Supervisors has approved Resolution 08-048 authorizing the Department of Water and Resource Conservation to negotiate a grant agreement under Proposition 50 with the Department of Water Resources for the Lower Tuscan Aquifer Monitoring; Recharge and Data Management Project; and WHF,REAS, the Board of Supervisors, as the Lead Agency, has reviewed and considered the Mitigated Negative Declaration prepared by the County of Butte Planning Division for the Lower Tuscan Aquifer Monitoring, Recharge and ,Data Management Project in accordance with the California Environmental (duality Act; and WHEREAS, the Mitigated Negative Declaration identified significant environmental effects and included four mitigation measures that would mitigate such effects below significant levels; and WHEREAS, a duly noticed public hearing on the Lower Tuscan Aquifer Monitoring, Recharge and Data Management Project was held by the Board of Supervisors on September 9, 2008; and WHEREAS, the Board of Supervisors considered the staff report and recommendation of the Butte County Department of Water and Resource Conservation and the Butte County Department of Development Services, Planning Division; and WHEREAS, the Board of Supervisors received extensive public comments from Butte Environmental Council, John Lane, and Richard Harriman; and WHEREAS, the Board of Supervisors closed the public hearing and directed staff to prepare responses to the public comments and bring the matter back for consideration and action by the Board on September 23, 208; and WHEREAS, staff prepared three memoranda responding to the comments submitted by Butte F,nvironmenta) Council, John bane, and Richard Harriman, respectively; and WHI?REAS, the Board of Supervisors has considered the public comments and responses to public comments on September 23, 2008. NOW, THEREFORE, BE I'T RESOLVED, that the Butte County Board of Supervisors takes the following actions: 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. B. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments received during the review process. C. 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 Lower Tuscan Aquifer Monitoring, Recharge and Data Management Project would have a significant impact on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of Butte County, which is the Lead Agency. II. Finds that the collection of fees pursuant to Nish and Game Code Section. 711.4 and 14 CCR 753.5 is required prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for the project, the project will not be operative, vested or final and any ]Deal permits issued for the project will be invalid (Section 711.4 (c) (3)). Ill. Finds that there is no need for the Board of Supervisors to modify the agreement with DWR to mitigate any potential impacts IV. Authorizes the Clerk of the Board to prepare and file a Notice of Determination. V. Approves the Grant Agreement Between the State of California Department of Water Resources and the Butte County Department of Water and Resource Conservation Agreement Number 4fi0~007fi56 Under the Water Security, Clean 2 Drinking Water, Coastal and Beach Protection Act of 2©02 and authorizes th~~ Chair to sign subject to review by County Counsel and the Auditor%Controlle:~. V L 'The custodian of the record is the Butte County Department of Water and Resource Conservation. "The location of the record is 308 Ne]son Avenue, Oroville CA 95965. PASSED AND ADOPTED by the Butte County Board of Supervisors this ?3rd day of September, 208 by the following vote: AYES: Supervisors Connelly, Dolan, Kirk, Yamagucti_, and Ghair Josiassen NOES: None ABSENT: None NOT VOT[N(~: None ,. ~;.,Y,_,,..~ Curt ~osiassen, Chair Butte County Board of Supervisors ATTEST: C. BRIAN HADDiX, Clerk~of the Bo~c#I of Su~Servisors f D uty i /f 3