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Home My WebLink About91-014., R ,~1 ** O~ ___ ., _. `°~ ~~ `~~ B4ARD Ot= SUPERVISORS •. ~ ~ ~': ;~ ' ~ ~, ;• *~ COUNTY OE E-3UTTE, .STATE OF CALIFORNIA .~L'OI:TN~ Resolufion No. 91_14 uri^ RESOLUTION IMPLEMENTING PROCEDURES OF CHAPTER 1706 OF THE STATUTES OF 1990 REGARDING STATE DEPARTMENT OF FISH AND GAME FEES IN CONNECTION WITH THE FILING OF NOTICES OF DETERMINATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Chapter 1706 of the Statutes of 1990, effective January 1, 1991, requires the California Department of Fish and Game to impose and collect filing fees as specified to defray the cost of managing and protecting fish and wildlife trust resources; and WHEREAS, said filing fees are to be collected during the environmental review process and are intended to be paid at the time lead agencies file a "Notice of Determination" with the County Clerk pursuant to Sec. 21152 of the Public Resources Code; and WHEREAS, The Department of Fish and Game has adopted emergency regulations to clarify and implement said legislation; and WHEREAS, it is necessary for the County of Butte to implement said legislation and regulations. NOW, THEREFORE IT IS HEREBY RESOLVED AS FOLLOWS: 1. The purpose of this Resolution is to adopt County of Butte procedures to implement Chapter 1706 of the Statutes of 1990 and the Department of Fish and Game emergency regulations (Section 753.5, Title 14, California Code of Regulations), as they may be amended from time to time. These procedures are to be applied in a manner which is consistent with the intent of said legislation and regulations. 2. Statutorily and Categorically Ex^ empt_Projects. All projects which are statutorily or categorically exempt from the California Environmental Quality Act ("CEQA") shall incur no state filing fee pursuant to Fish and Game Code Section 711.4 (d). However, such projects are subject to a $25 County clerk documentary handling fee. -1- 3. De Minimti_ Projects. a. Project _ for which_Count~_ is _ lead _ ac~enc~; Certificate of Filing Fee Exemption. As to any project for which the County of Butte is the lead agency pursuant to CEQA, the County decision-making body shall determine whether or not the project will have a de minimus effect on the environment and is therefore exempt from the payment of Fish and Game filing fees pursuant to Section 711.4 of the Fish and Game Code. Based upon said determination, the Planning Director, or his or her duly authorized designee, shall complete a Certificate of Filing Fee Exemption in the form attached hereto as Exhibit "A". b. All De Minimus Projects; Filing of Certificate of Filing Fee Exemption. Certificates of Filing Fee Exemption prepared pursuant to subparagraph (a) above by the Planning Director and such certificates prepared by any other public entity in its capacity as lead agency shall be filed with the County Clerk along with the Notice of Determination relating to the project, pursuant to Section 753.5 (c), Title 14, California Code of Regulations. All such projects are subject to a $25 County Cierk documentary handling fee. 4, Declaration of Fees Due. A Declaration of Fees due in the form attached hereto as Exhibit "B" shall be completed and presented to the County Clerk together with any environmental documents submitted to the Clerk for filing. For projects as to which the County of Butte is the lead agency, the Declaration of Fees Due shall be completed by the Planning Director. 5. Payment of Fees. All fees due as indicated on the Declaration of Fees Due, including state filing fees and County Cierk documentary handling fees, are due and payable prior to the -2- filing of any environmental documents by the County Clerk. For projects as to which the County is the lead agency, said fees shall be paid to the Butte County Planning Department, which shall complete a receipt in the form attached hereto as Exhibit "C". When an entity other than the County of Butte is the lead agency, such other entity shall complete the Declaration of Fees Due and transmit it to the County Clerk together with the required payment and the environmental documents to be filed. 6. Deposit of Fees. All fees required and paid shall be deposited into the Butte County Treasury. The State Fish and Game filing fees shall be remitted by the Butte County Auditor to the State Treasurer within 30 days after the end of each month in which the filing fees are collected. The Clerk documentary handling fees shall be retained in the County General Fund. 7. Distribution of "Declaration of Fees Due" form. The entity completing a Declaration of Fees Due form shall transmit two copies thereof to the County Clerk together with copies of any receipt for payment of such fees. The Clerk shall submit one copy of each such form and one copy of each such receipt to the Department of Fish and Game on a monthly basis. 8. Notification to Project Applicant Re Fees Due. As to any project for which the County of Butte is the lead agency, the Planning Director shall notify the project applicant of the fees that are due and payable prior to the filing of the environmental documents by the County Clerk. The Planning Director shall further notify any such project applicant that if he or she does not remit payment of the required filing fees the project approval may be invalid by law and may not be operative, vested or final, pursuant to the provisions of Public Resources Code Section 21089 (b), Fish and Game Code Sec. 711.4 (c) and Section 753.5 (d)(3) and (7), Title 14, California Code of Regulations. 9. Count of Butte projects. No County Clerk documentary handling fee shall be payable as to any project undertaken by the County of Butte on its own behalf. -3- PASSED AND ADOPTED by the Butte County Board of Supervisors this 29th day of _January 1991, by the following vote: AYES: Supervisors P1cInturf, Campbell, McLaughlin, Fulton and Chair Dolan NOES : None ABSENT: None NOT VOTING: None (~ ENE DOLAN," Criair of the Butt County Board of Supervisors ATTEST: WILLIAM H. RANDOLPH, ~-~ Chief Administrative Officer and Clerk of th oard By U.~~ (fishgame.res) -4- CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: Project Description: Findings of Exemption (attach as necessary): 1. The County of Butte has conducted an initial study and prepared a (Negative Declaration) (Environmental Impact Report) so as to evacuate the potential of this praject for adverse environmental impact. 2. There is no evidence before the County that the project will have potential for adverse impact on wildlife resources; and the project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Sec. 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of exemption and that the project will not individually or cumulatively have an adverse effect on "wildlife", as defined in Sec. 711.2 of the Fish and Game Code. Bettye Kircher, Planning Director (Chief Planning Official) By: Title: (Associate) (Senior) Planner Lead Agency: County of Butte Date: EXHIBIT *A* DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) CLERK USE ONLY NAME AND ADDRESS OF APPLICANT FILING N0. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION [ ] A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee [ ] B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED [ ] A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee [ ] B, Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. [ ] OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. ( ] PAYMENT. The above fees have been paid. See attached receipt(s). 2. [ ] NON-PAYMENT. The above fees are required. Not paid. Chief Planning Official By: Title: Lead Agency: Date: TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCEJMENTS FILED WITH THE BIITTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITS THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COIINTY OF BIITTS. E%HIBIT 'B" "~ ..~, ,, ewri neG"~T NO. rdsFL w[C RI~/RP -u~~~c wnnwf [~w u~c ~I[wM~S~ n~wNe ~ ~ •v~tte dOC VMI[NYY sow~we anv wYA4TN pTNRR AP-LICANT RCCEIVEO PROM RECS[PT ~ ~ 8 8 OFFICIAL REC>=1PT COUNTY OF BUTTE STATE OP CAL1F'ORN[A OFFICE OF PLANNING r• I issues uv .... _ .. ..._..._..... . ---... _.. - ~._.. --- - - w - . - --._... - -- -- -- - - ---- - - ~' ~ •'1i • :rl s,'+.~f..w :i:~:•~'S~'.l ~: V.:'.....::•: r:::. ~T.•1•.: . - _- . Y:: _ .i r __ ~ ~: . .s.y. :....._. .: {:: :_:~. _ ... .Y.. .t. 'rte ~ ~f.:~ r1i .....r 1 EXHIBIT "C" ~. .., ,