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HomeMy WebLinkAbout93-049WHEREAS, the General Plan of the County of Butte and its related elements formally set forth official county policy concerning, but not limited to economic growth, public health, safety and welfare, land use, the environment, conservation of natural resources including timber, water, fish and wildlife, mineral resources, agriculture and grazing; and, WHEREAS, these documents are further supported and amplified by statements by the Berard of Supervisors regarding land use, economic growth, the environment, and resource management policy, practices, and guidelines; and, WHEREAS, taken together, this body of policy defines the County and its citizens' interests in the customs, culture, economy, resources and environment of the County of Butte; and, WHEREAS, actions to plan, adopt rules or regulations, acquire land ar interests in land in fee or through easements, promulgate programs, land adjustments and other activities of the various federal and state agencies can have significant effects on the customs, culture, economy, resources and environment of the County of Butte and its citizens; and, WHEREAS, in order to protect the customs, culture, economy, resources and environment of the County of Butte set forth in County policy, it is critical that federal and state agencies recognize and address the effects of any actions proposed within the County or concerning any land within the County; and WHEREAS, such coordination and consideration of the County's interests is required by law by the National Environmental Protection Act, the National Forest Management Act, the Intergovernmental Cooperation Act, the Federal Land Policy and Management Act, the Federal Administrative Procedures Act, State of California Public Resources Code, the California Environmental Quality Act, and numerous other federal and state statutes and administrative procedures; and, 1 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE SETTING FORTH MANDATORX INTER-GOVERNMENTAL AND PUBLIC ORGANIZATION NOTIFICATION AND COORDINATION PROCEDURES WEiEREAS, in the past, the legally required process of notification, referral and coordination of activities described above has not consistently been followed by state and federal agencies, which has led to concerns by the County and its residents that uncoordinated actions may have been adopted contrary to the requirements of law and potentially detrimental to the customs, culture, economy, resources and environment of the County of Sutte, and, WHEREAS, there is a clear need to establish an effective and consistent joint environmental planning procedure for advance notification, referral, coordination and participation to be followed by all federal and state agencies when undertaking activities or actiens affecting the public health, safety, land use, customs, culture, economy, conservation of natural resources, and environment of the County of Butte including its agricultural industry, livestock grazing, production of timber and wood products, water resources, mining of gold and other mineral resources, and outdoor recreation is scenic natural setting. BE IT RESOLVED, THEREFORE, by the Board of Supervisors of the County of Butte, that the following formal joint interagency advance notification, referral, coordination and joint participation process, is hereby implemented: 1. All federal and state agencies shall inform the County of Butte, or its designee, of all pending, contemplated or proposed actions affecting local communities, citizens, or affecting County policy, and shall, if requested by the County, coordinate the planning and implementation of those actions with the County or its designee(s). Such notification shall include a detailed description of the proposed plan, procedure, rule, guideline, or amendment sufficient to fully inform lay persons of its intent and effects including the effects on the resources, environment, customs, culture and economic stability of the County of Butte. 2. The Butte County Board of Supervisors shall be consulted in accordance with the laws and regulations of the County of Butte, the State of California, and the United States regarding any pending, contemplated or proposed actions affecting local communities and citizens. 2 3. All federal and state agencies shall to the fullest extent permissible by law, comply with all applicable procedures, policies and practices issued by the County of Butte. 4. All federal and state agencies proposing actions that may impact citizens of the County of Butte shall prepare and submit in writing, and in a timely manner as seon as is practicable, report{s) on the purposes, objectives and estimated impacts of such actions, including, environmental, health, social, customs, cultural and economic impacts, to the County of Butte. These reports shall be provided to the County of Butte for review and coordination with sufficient time to prepare a meaningful resgonse for consideration by the federal or state agency. 5. Before federal and state agencies can alter land use(s), environmental review of the proposed action shall be conducted by the lead agency and mitigation measures adopted in accordance with policies, practices, and procedures of the County of Butte and in accordance with all applicable federal, state, and local laws. Impact studies shall, as needed, address the effects on community and economic resources, the environment, local customs and public health, safety and welfare, culture, grazing rights, flood prone areas and access and any other relevant impacts. 6. For the purposes of this resolution, each federal and state agency shall, unless specifically authorized otherwise, give the required notice{s) to the County of Butte and the Board of Supervisors via certified mail as follows: Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 7. Not less than 15 complete copies of the written documents supporting the proposed action shall be provided to the Clerk of the Board of Supervisors at the above referenced address in order that members of the Board of Supervisors, county staff, and the public shall have an opportunity to review and consider the documents. 3 8. Capies of these documents shall also be provided by the proposing agency for public review at the fallowing locations: Oroville Library 1820 Mitchell Avenue Oroville, CA 95966 Chico Library 1108 Sherman Avenue Chico, CA 95925 Durham Library 2545 Durham-Dayton Highway Durham, CA 95938 Gridley Library 299 Spruce Street Gridley, CA 95948 Biggs Library 464-A "B" Street Biggs, CA 95917 Paradise Library 5922 Clark Road Paradise, CA 95969 Butte Community College Library 3536 Butte Campus Drive Oroville, CA 95965 California State University, Chico Meriam Library Chico, CA 95929 9. Notification of the availability of related documents shall be available far the minimum time set forth by the federal and state statute for such review, or if none is established by law, for a period of not less than 45 days prior to the proposed date of action, adoption or approval. This time is necessary to ensure adequate local opportunity for consideration and response. 10. Upon receipt of such notification and documents, the Clerk of the Board shall list the notification and related materials on the next Board of Supervisors Correspondence List. This List shall be available at each Supervisor's office, the County Administrative Office, and at each Library Listed above. 11. Any citizen or group claiming to be affected by any pending, contemplated, or proposed action of any federal or state agency where decision or comment upon is within the subject matter jurisdiction of the Board of Supervisors is encouraged to present 4 relevant information to the Board. The Board shall consider such information and, where appropriate, shall convey such information to the particular federal or state agency for consideration as an official statement(s) of the County of Butte. 12. The Board of Supervisors may designate one or more members of its staff, and/or one or more citizens, to receive, review, and comment upon any pending, contemplated, or proposed action of any federal or state agency, or any related information and may request that such designee report back to the Board. If any part of this resolution shall be held void by a court of competent jurisdiction, such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of this resolution. PASSED AND ADOPTED by the Butte County Board of Supervisors this 13th day of APril , 1993, by the following vote: AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx NOES: None ABSENT: None NOT VOTING: None ;~ Mary An Houx, Chair Butte County Board of Supervisors ATTEST: JOHN BLAC OCK, Chief dministrative Officer and Cle f th Boar of Su ervisors By: 5 ~r w April 7, 1993 Re: Butte County's Request far Intergovernmental Notification and Coordination Dear Sir/Madam: The Butte County Board of Supervisors respectfully requests that your agency notify the Board and that the Board be permitted participation in all land or other planning efforts or decision making processes undertaken within the boundaries of this County or affecting the County. This request is based on the concept that mutual cooperation and participation will be of benefit to the citizens of Butte County. Your agency is encouraged to provide local workshops for town hall meetings or presentations before the Board of Supervisors in order to provide an opportunity for the citizens of the County as well as various affected County and local governments to be fully informed as to the proposals being made. County offices and facilities will be made available whenever possible to facilitate this process. Your agency is also encouraged to use additional methods to inform the County and its citizens of proposed actions, such methods including newspaper articles, press releases and radio and television announcements. We thank you for your consideration of this request and look forward to working with you. Very truly yours, Mary Anne Haux, Chair Butte County Board of Supervisors wp5na~a~nar3vcr2.~.~rx F~ April 7, 1993 Re: Butte County's Request for Intergovernmental Notification and Coordination Dear Sir/Madam: The Butte County Board o£ Supervisors formally requests that your agency specifically notify the Board and that the Board be granted participation in all land use or other planning efforts or decision making processes undertaken within the boundaries of this County or affecting the County. Butte County is interested in participating in ali activities, to the fullest extent possible by law, that will or may, directly or indirectly, affect the citizens of this County. We enclose our resolution setting forth mandatory intergovernmental and public organization notification and coordination procedures. We respectfully request your compliance with these procedures. It is the policy of the County to encourage a process of early local consultation on matters affecting the County and its citizens. State and federal agencies and other public organizations proposing actions, plans, regulations or other activities affecting the County and its citizens are encouraged to coordinate with the County prior to formalizing proposals in order to obtain local input as to the effects of the proposals and to identify alternative courses of action. Your agency is encouraged to provide local workshops for town hall meetings or presentations before the Board of Supervisors in order to ensure adequate opportunity for the citizens of the County and various affected County and local governments to be fully informed as soon as is practicable and to offer constructive response to the proposals being made. County off ices and facilities will be made available whenever possible to facilitate this process. Your agency is also encouraged to use additional methods to inform the County and its citizens of proposed actions, such methods including newspaper articles, press releases and radio and television announcements. April 7, 1993 Page 2 We come to you in the spirit of mutual understanding and cooperation and thank you in advance for your agreement to comply with the enclosed resolution. Very truly yours, Mary Anne Houx, Chair Butte County Board of Supervisors GPEIrea WPS 11GREOlAGEtdCY.E.TR