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Resolution
A RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE
TUSCAN AQUIFER MONITORING, RECHARGE, AND DATA MANAGEMENT
PROJECT
WHEREAS, the Board of Supervisors approved Resolution OS-089
authorizing the submittal of a grant application under Proposition 50 for Integrated
Regional Water Management funding for identified projects, which include the
Lower Tuscan Aquifer Monitoring, Recharge and Data Management Project; and
WHEREAS, on SeptemEber 23, 2008, the Board of Supervisors approved
Resolution 08-13I taking the following actions;
I. Adopted a Mitigated Negative Declaration related to the Tuscan Aquifer
Monitoring, Recharge and Data Management Project with certain findings.
II. Found that the collection of fees pursuant to Fish and Game Code Section
711.4 and I4 CCR 753.5 was 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 prof ect 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 pemu#s issued for the project will be
invalid (Section 711.4 (c) (3}).
III. Found that there was no need for the Board of Supervisors to modify the
agreement with DWR to mitigate any potential impacts.
IV. Authorized the Clerk of the Board to prepare and file a Notice of Determination,
which was filed on September 26, 2008.
V. Approved the Grant Agreement between file State of California Departrr~ent of
Water Resources and the Butte County Department of Water and Resource
Conservation la~own 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. Identified the custodian of the record as the Butte County Department of Water and
Resource Conservation with the logtion of the record at 308 Nelson Avenue, Oroville
CA 95965; and
WHEREAS, subsequent io the adoption of Resolution 08-131, DWR Agreement
Number 4600007656 was fully executed by all parties as Butte County Contract
#R41061; and
WHEREAS, subsequent to the adoption of Resolution 08-131, in January 2009, the
Department of Water Resources issued a stop 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 and provided
no certainty when or if projects would be authorized to resume; and
WHEREAS, the stop work order by the State prevented the County from conducting
any work related to the project, thereby negating the established project schedule and
approach for conducting tasks; and
WHEREAS, on May S, 2009, the Board of Supervisors adopted Resolution 09-081 that:
I. Amended Resolution 08-131 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.
II. Left 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
46000076561Butte County Contract #R41061 in order to leave the Grant
Agreement in effect.
III. Required that a new environmental document be prepared to reflect the
accelerated work schedule and amendments 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 on the environment.
WHEREAS, in August 2009, the Department of Water Resources authorized Butte County to
resume work on the Tuscan Aquifer Monitoring, Recharge, and Data Management Project;
and
WHEREAS, the resumption of the project required an accelerated work schedule; and
WHEREAS, on September 30, 2009, the Department of Water and Resource
Conservation released a Request for Proposals to Conduct Specific Tasks Associated with the
Lower Tuscan Aquifer Monitoring, Recharge and Data Management Project; and
WHEREAS, on January 12, 2010, the Board of Supervisors approved a contract with
Brown and Caldwell to assist the County in conducting tasks associated with the Lower
Tuscan Aquifer Monitoring, Recharge and Data Management Project within the accelerated
work schedule; and
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WHEREAS, the accelerated work schedule required that tasks be designed, scheduled
and completed by the termination of the Grant Agreernent on December 30, 2012; and
WHEREAS, on May 13, 2010 the Department of Water and Resource Conservation
released fora 30 day public comment period the draft Initial Study/proposed Mitigated
Negative Declaration that reflected the accelerated work schedule and project tasks; and
WHEREAS, the Board of Supervisors held duly noticed public hearings on the Lower
Tuscan Aquifer Monitoring, Recharge and Data Management Project on June S, 2010, June
22, 2010, and July 13, 2010; and
WHEREAS, the Initial StudylMitigated Negative Declaration identif ed measures that
would mitigate potential environmental effects below a significant level; and
WHEREAS, the Board of Supervisors considered the staff report, public comments, 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, as the Lead Agency, has reviewed and considered
the Mitigated Negative Declaration for the Lower Tuscan Aquifer Monitoring, Recharge and
Data Management Project in accordance with the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of
Supervisors hereby takes the following actions:
L 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. In response to oral and written comments received at the June S, 2010 public
hearing and written comments received on June 11, 2010, the Board of
Supervisors has amended language in the Mitigated Negative Declaration by
adding or replacing text to clarify several sections as set forth in Exhibit A.
This amendment does not give rise to a need to recirculate the Mitigated
Negative Declaration as specified in CEQA Guideline § 150'3.5. The Board
of Supervisors also adopts the written response to comments set forth in
Exhibit B.
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 Lower Tuscan Aquifer Monitoring, Recharge and Data Management
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Project would have a signif cant impact on the environment.
E. The Mitigated Negative Declaration reflects the independent judgment and
analysis of Butte County, which is the Lead Agency.
F. Finding that the collection of fees pursuant to Fish and Game Code Section
711.4 and I4 CCR 753.5 is required prior to Tiling 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)).
II. Accepts the accelerated work schedule and finds that there is no need for the
Board of Supervisors to modify DWR Agreement Number 4600007656Butte
County Contract #R41061 to mitigate any potential impacts.
III. Authorizes the Clerk of the Board to prepare and file a Notice of Determination.
I V. Identifies the custodian of the record as the Butte County Department of Water and
Resource Conservation with the location of the record at 308 Nelson Avenue, Oroville
CA 95965.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 13th day of
July 20 i 0, by the following vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly
NOES: None
ABSENT: None
ABSTAIN: None
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Scott Tandy, Int Chief
Administrat' e O zcer and Clerk of the Boar
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By:
Dep
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