HomeMy WebLinkAboutEmail from Woody Elliott - Draft Oak Woodland Mitigation Ordinance Menchaca, Clarissa
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From: Calarco, Pete
Sent: Monday, November 5, 2018 1:11 PM
To: Snyder, Ashley; Menchaca, Clarissa
Cc: Snellings, Tim
Subject: FW: DRAFT Oak Woodland Mitigation Ordinance
Attachments: Questions_Comments DRAFT Oak Woodlands Mitigation Ordinance & Tech Manual_
2.pdf
Ashley and Clarissa, I see that Woody copied the Board members on this email. Should I run photocopies for the hearing
tomorrow? -pete
Pete,Cculoyco-
T: 530.552.3641 (direct) or 530 552 3700 (main) I 530.538.7785
From: Woody Elliott [mailto:woody.elliott@gmail.com]
Sent: Monday, November 05, 2018 9:41 AM
To: Calarco, Pete <PCalarco@buttecounty.net>
Cc: Connelly, Bill <BConnelly@buttecounty.net>; Teeter, Doug<DTeeter@buttecounty.net>; Kirk, Maureen
<MKirk@buttecounty.net>; Wahl, Larry<LWahl@buttecounty.net>; BOS District 4<District4@buttecounty.net>;
Thistiethwaite, Charles<cthistlethwaite@buttecounty.net>
Subject: DRAFT Oak Woodland Mitigation Ordinance
Pete: Attached are my latest Questions / Comments re: Draft Oak Woodlands Mitigation
Ordinance to be considered on Tuesday by the BOS. I sent them last week to Maureen
Kirk at her request in preparation for her absence at tomorrow's meeting.
Another question occurred to me regarding the significance of this DRAFT Ordinance:
What is an estimated number of Discretionary Projects applicable to this DRAFT
Ordinance in the past and future 10 years?
Again, thanks for all your efforts in the transparent development of this Draft Ordinance.
Woody Elliott, Conservation Chair
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Cell Phone: (530) 588-2555
1
DRAFT Oak Woodlands Mitigation Ordinance
Version: 2018-10-29
Butte County, Oak Woodland Technical Manual, Draft
Version: Oct. 2018
Questions &Associated Comments By: Woody Elliott, Nov. 1, 2018
Pg. # of ordinance / manual. Underlined text quotes ordinance I manual.
DRAFT Oak Woodlands Mitigation Ordinance
Pg. 6: 5. Oak tree. ..... 5 inches or more in Diameter at Breast Height (DBH)?
What is the criteria / reason / reference for defining an oak tree as greater that five (5)
DBH?
Oak Woodlands in Butte Co. are composed of many blue oak trees of substantial age
that are less than 5 inches DBH.
Pg. 8. O. Qualified Professional. 1. Certified Arborist. 2. Qualified Wildlife Biologist. 3.
Registered Professional Forester (RPF).
Why are these professional categories listed to describe a Qualified Professional?
The qualifications for registered or certified arborists do not encompass the
qualifications for producing an Oak Woodlands Evaluation Plan (see: See ISA Certified
Arborist®Application Guidel.2MB PDF and https://www.asca-
consultants.org/page/RCA) as does a Registered Professional Forester (RPF). Nor is a
wildlife biologist, even if certified by the national "The Wildlife Society" as a Certified
Wildlife Biologist, necessarily qualified to produce an Oak Woodlands Evaluation Plan.
Listing these classifications obscures the intent of the County to identify a person as a
Qualified Professional who can do the job. County staff should list criteria, e.g. listed in
this Draft ordinance for a Qualified Wildlife Biologist, for evaluation of an individual's
qualifications as a Qualified Professional.
Pg. 10: H. Removal of Oak Canopy through the utilization of State and local fuel
reduction programs such as those managed by local Fire Safe Councils and similar
organizations.
Are the oak canopy removal projects by these programs exempt from this ordinance
because these projects have undergone CEQA review? If not, why are these projects
not included in this ordinance to satisfy CEQA?
Pg. 12: 4. Oak Woodland to remain.
What are the other factors determined by the Department of Development Services
(give examples)?
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Pg. 17: Table 53-12-1 Oak Canopy Replacement Ratios by Percent Removal. Why no
replacement ratio is required for the oak canopy that exceeds the 10% less-than-
significant portion of the canopy removal?
The cumulative adverse effect of removing more than 10% of an oak canopy should be
compensated by mitigating for the entire oak canopy removed.
Pg. 20: The removal of Oak Canopy up to five years prior to filing the development
application is considered premature.
What is the criteria 1 precedent for the maximum of five years for premature oak canopy
removal that must be considered as part of the oak woodland canopy applicable to this
ordinance?
Why not 20 years, a typical human generation, of ownership responsible for the
premature removal?
Butte County, Oak Woodland Technical Manual, Draft
Pg. 16:
Li Mitigation banks in Butte County with Oak Woodland Habitat
❑ Restoration Resources Company: Silvergate Mitigation bank, Porter Ranch
Mitigation bank
❑ Link: http:I/www.restoration-resources.net/index.php
Why are Silvergate and Porter Ranch Mitigation Banks listed here?
• Silvergate Mitigation Bank is located one (1) mile west of Sheridan, Placer
County, California.
• Porter Ranch Mitigation Bank (located adjacent to State Route 70 in southern
Butte County near the community of Palermo) is noted as (COMING SOON).
see: http://www.restoration-resources.net/mitigation/index.php
Pg. 24: APPENDIX A- QUALIFIED PROFESSIONALS & SELECTION CRITERIA
Why is Appendix A not reference in text of Technical Manual as required by style
manuals?
Pg. 24: Criteria for Qualified Professionals 1. 2. 3. 4. 5.
Is this a list of all necessary qualifications for a Qualified Professional?
If so, the result will be few and expensive.
Pg. 24: 1. Meet the definition of Qualified Professional under the requirements of the
Ordinance (Arborist, Registered Professional Forester, Qualified Wildlife Biologist).
As copied from a comment in DRAFT Ordinance above: Listing these classifications
obscures the intent of the County to identify a person as a Qualified Professional who
can do the job. County staff should list criteria, e.g. listed in this Draft ordinance for a
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Qualified Wildlife Biologist, for evaluation of an individual's qualifications as a Qualified
Professional.
Pg. 24: The Department may also require peer review at the expense of the applicant.
"Peer review" of what, credentials of a prospective "Qualified Professional"?
General Questions & Comments:
Will qualified biologists on County staff or contract be reviewing / approving the Oak
Woodlands Evaluation Plans that are the administered by the Dept. of Development
Services via a Zoning Administrator or Planning Commission or Board of Supervisors?
Professional work should be evaluation by similarly qualified professionals, i.e. peers.
How will the County or other entity sanctioned by and reporting to the County monitor
compliance with mitigation measures (planting oaks off site by applicant coupled with
conservation easements, conservation easements with mitigation banks or land trusts,
etc.)?
Preservation of oak woodlands in Butte Co. and Northern Calif. is best done with
conservation easements. Perhaps eventual implementation of the Butte Regional
Conservation Plan (BRCP) will facilitate this approach. Sites for restoration to oak
woodlands are unknown in Butte Co. as has been done for riparian corridors.
All discretionary projects affecting oak woodlands that result in less than 30%
(preferably 40%) oak woodland canopy cover across the project site should be subject
to Section 53-5 Alternative Project Design and Review. Otherwise, this ordinance
facilitates removing excessive amounts of oak woodland, e.g. 70% of a 10% oak
canopy resulting in 3% cover.
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