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HomeMy WebLinkAbout11-108Resolution RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ADOPTING A NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT {CEQA) EVALUATING POTENTIAL IMPACTS RESULTING FROM ADOPTION OF REVISIONS TO THE BUTTE COUNTY SURFACE MINING ORDINANCE, CHAPTER 13, ARTICLE II AND MODIFICATION OF SECTION 24-45.25 OF THE BUTTE COUNTY CODE WHEREAS, surface mining in California is subject to the California Surface Mining and Reclamation Act of 1975 as amended (SMARA), Public Resources Code (PRC} Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board Reclamation Regulations for surface mining and reclamation practice; and WHEREAS, Section 2774(a) of the Public Resources Code requires that every lead agency adopt ordinances in accordance with state policy that establish procedures for the review and approval of reclamation plans and financial assurances and the issuance of a permit to conduct surface mining operations; and WHEREAS, Section 2774(a} of the Public Resources Code further requires that said ordinances shall be periodically reviewed by the lead agency and revised, as necessary, to ensure that they continue to be in accordance with state policy; and WHEREAS, the Director of Development Services determined that Butte County's current Chapter 13, Article II Surface Mining and Reclamation ordinance, last amended on August 10, 1993, required revisions to be consistent with current SMARA statute and State Mining and Geology Board Reclamation Regulations; and WHEREAS, staff prepared revisions to the existing Butte .County Surface Mining ordinance, Chapter 13, Article II of the Butte County Code and held publically noticed meetings with the Butte County operators of surface mines, Butte County Surface Mining Aggregate Operations Committee, the Butte County Planning Commission and the Butte County Board of Supervisors to review said revisions; and WHEREAS, the proposed revisions to the Surface Mining and Reclamation Ordinance will enhance protections for the environment by requiring that specific operational information and a biological resources assessment prepared by a qualified professional for a proposed mining and reclamation operation be included in the application submittal; and WHEREAS, the proposed revisions to the Surface Mining and Reclamation Ordinance will further enhance protections far the environment by improving reclamation standards for proposed mining operations in Butte County through adherence to Articles 1 and 9 of Title 14 of the California Code of Regulations; and Page 1 of 3 WHEREAS, staff prepared an Initial Study and Negative Declaration under the Californaia Environmental Quality Act that determined there are no signif cant environmental effects associated with the revised Butte County Surface Mining and Reclamation Ordinance; and WHEREAS, a notice was placed in the a newspaper of general circulation on April 1, 2013. announcing that an Initial Study and proposed Negative Declaration and a Request for a Determination of No Effect were prepared for the revised Surface Mining and Reclamation Ordinance, with a public review period from April 1 to April 2S, and also announcing the time and place for the April 2f, 2011 Board of Supervisors hearing to consider the revised Surface Mining and Reclamation Ordinance and adoption of the Negative Declaration; and WHEREAS, the Board of Supervisors heard a staff presentation at the duly noticed public hearing on April 26, 2011 and determined that the revised Butte County Surface Mining and Reclamation Ordinance should be presented again to the Butte County surface mine operators and the Committee; and WHEREAS, the Surface Mining and Reclamation Ordinance, Negative Declaration and staff report were presented to the Committee and an operator representative at the duly noticed meeting on July 27, 2011; and WHEREAS, the Committee and operator representative made recommendations that were all incorporated into the Surface Mining and Reclamation Ordinance draft included as Attachment B to the September 27, 2011 Board of Supervisors' staff report; and WHEREAS, said incorporated recommendations do not require that the Negative Declaration be re-circulated as they do not, pursuant to Public Resources Code Section 21166(a} - {c) of the California Environmental Quality Act, constitute substantial changes to the proposed Surface Mining and Reclamation Ordinance considered by the Board of Supervisors on September 27, 2011; and WHEREAS, the Surface Mining and Reclamation Ordinance, Negative Declaration and staff report were presented to the Board of Supervisors at a duly noticed public hearing on September 27, 2011. NOW, THEREFORE, BE IT RESOLVED based on the findings set forth above, that the Board of Supervisors: I. Adopts a Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified no significant environmental effects. B. Public notice for the Negative Declaration and Request for a Determination of No Effect was provided in a newspaper of general readership on April 1, 2011 and a public review period was provided between April 1 and April 25, 2011. No comments were received by staff. C. The Board of Supervisors has considered the Negative Declaration as set forth in Attachment G of the Staff Report. 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 adoption of the Page 2 of 3 revised Surface Mining and Reclamation Ordinance would have an effect upon fish and wildlife or an otherwise significant impact on the environment. E. The 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 Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required prior to filing a Notice of Determination far the project because adoption of the revised Surface Mining and Reclamation Ordinance will not have an effect upon fish and wildlife pursuant to Fish and Game Code Section 711.4{2}(A). III. Authorizes the Clerk of the Board to prepare and file a Notice of Determination. IV. Identifies the custodian of the record as the Butte County Department of Development Services with the location of the record at 7 County Center Drive, Oroville CA 95965. DULY PASSED AND ADOPTED this 27th day of September, 2011, by the following vote: AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert NOES: None ABSENT: None ABSTAIN: None Steve L ,Chair Board of upervisors, County of Butte State of California and Clerk of the Board of Supervisors Fage 3 of 3