HomeMy WebLinkAbout09-081Resolution
A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
AMENDING RESOLUTION 08-131
BY RESCINDING THE APPROVAL OF
THE MITIGATED NEGATIVE DECLARATION
FOR THE TUSCAN AQUIFER MONITORING, RECHARGE, AND DATA
MANAGEMENT PROJECT, WHILE LEAVING INTACT THE GRANT
AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF
WATER RESOURCES AND THE BUTTE COUNTY DEPARTMENT OF
WATER AND RESOURCE CONSERVATION -AGREEMENT NUMBER
4600007656 UNDER THE WATER SECURITY, CLEAN DRINKING WATER,
COASTAL AND BEACH PROTECTION ACT OF 2002,
AND SPECIFYING THAT A NEW ENVIRONMENTAL DOCUMENT WILL BE
ADOPTED BEFORE ANY PHYSICAL WORK UNDER THE PROJECT IS
UNDERTAKEN
WHEREAS, on September 23, 2008, the Board of Supervisors approved
Resolution 08-131 taking the following actions:
I. Adoption of a Mitigated Negative Declaration related to the Tuscan Aquifer
Monitoring, Recharge and Data Management Project 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 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, declared there is
no substantial evidence that the Lower Tuscan Aquifer Monitoring,
Recharge and Data Management Project would have a significant impact
on the environment.
II. Finding that the collection of fees pursuant to Fish and Game Code Section 711.4
and 14 CCR 753.5 was required prior to f ling 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 local permits issued for the project will be invalid {Section
711.4 (c) {3}).
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ITT. Finding that there was no need for the Board of Supervisors to modify the
agreement with DWR to mitigate any potential impacts.
IV. Authorizing the Clerk of the Board to prepare and file a Notice of Determination,
which was filed on September 26, 2008.
V. Approving the Grant Agreement Between the State of California Department of
Water Resources and the Butte County Department of Water and Resource
Conservation known as DWR Agreement Number 4600007656 Under the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 and
authorizing the Chair to sign subject to review by County Counsel and the
Auditor/Controller.
VI. Identifying the custodian of the record as the Butte County Department of Water
and Resource Conservation with the location of the record at 348 Nelson Avenue,
Oroville CA 95965; and
WHEREAS, subsequent to the adoption of Resolution OS-131, DWR Agreement
Number 4640007656 was fully executed by all parties as Butte County Contract
#R4106 i ; and
WHEREAS, subsequent to the adoption of Resolution 08-131, on October 27, 2008,
Butte Environmental Council (BEC} filed Case No. 144968 in the Butte County Superior
Court. The pleadings in this case indicate that it is based on their assumption of the
inadequacy of the Mitigated Negative Declaration under the California Environmental
Quality Act; and
WHEREAS, the lawsuit seeks to compel the County of Butte to vacate, set aside,
void, rescind and annul the findings, decision, and action approving and adopting the
Initial Study/Negative Declaration based on their assumption of the inadequacy of the
Mitigated Negative Declaration under the California Environmental Quality Act; and
WHEREAS, the County of Butte denies any inadequacy exists in the Mitigated
Negative Declaration under the California Environmental Quality Act; and
WHEREAS, subsequent to the adoption of Resolution 08-131, in January 2009, and
based on the State's f seal crisis, the Department of Water Resources issued astop-work
order on all projects associated with bond funding, including the Tuscan Aquifer
Monitoring, Recharge, and Data Management Project which is entirely grant funded
through the sale of bonds by the State, until further notice; and
WHEREAS, this action by the State prevents the County from receiving grant
funding for any work done through this contract until notification by DWR; and
WHEREAS, it is uncertain when, or even if, such funding will become available and,
therefore, the notification date to resume work is unknown at this time; and
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WHEREAS, if and when such funding becomes available the delay will require an
accelerated work schedule and amendments} to tasks to be performed which will require
additional and further environmental review;
N4W, THEREFQRE, BE IT RESOLVED that the Butte County Board of
Supervisors hereby
1. Amends Resolution OS-131 by deleting paragraphs I, II, III, IV and VI relating to
the Mitigated Negative Declaration in order to rescind its adoption of the
Mitigated Negative Declaration.
2. Leaves intact paragraph V approving the Grant Agreement between the State of
California Department of Water Resources and the Butte County Department of
Water and Resource Conservation known as DWR Agreement Number
4600007656Butte County Contract #R41061 in order to leave the Grant
Agreement in effect.
3. Requires that anew environmental document be prepared to reflect the
accelerated work schedule and amendment{s} to tasks to be performed with the
Tuscan Aquifer Monitoring, Recharge, and Data Management Project prior to
commencing any work associated with this project which may have a physical
impact an the environment.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 5th day of
May 2009, by the following vote:
AYES: Supervisors Dolan, Kairk, Lambert, Yamaguchi, and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
Bill Connelly, Chair
Butte County Soard of Supervisors
ATTEST;
Gregory G. Iturr' Interim Chief Administrative Officer
Clerk of the-Sbarof Supervisors ~
By
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