HomeMy WebLinkAboutLetter from Guillon Brouhard 09.05.08 ���
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Butte County Board of Supervisors September 5, 2008 `
7 County Center Drive
{)rovi||e, CA 95965
Honorable Supervisors:
Asa long time resident and advocate of economic development and job creation in
Butte County, I am writing to express support for the County's reconsideration of
Research and Business Park opportunities inthe 2030 General Plan update.
Like many in our community, I was surprised when the Board opted to eliminate all
of the Study Areas which might have been appropriate for further General Plan
analysis. Whatever the outcome, X remain convinced that the entire Board
supports more vibrant and promising economy for Butte County and its residents,
differing only on how and where that get'saccomplished.
Across the Country, local governments are planning, promoting and benefitting from
strategic locations where University, City, and County resources and expertise can be
partnered successfully with entities from the private sector. The 1s' constant in all
of these locations is local government's ability to create an environment that
encourages quality private investment; The Z"uconstant iso purposeful commitment
to land use designations and policies which support Research and Business Parks.
Butte County, and in particular the Nance Canyon area South of Chico provides such
an opportunity. While the very broad level of CE{}A analysis in the County's
General Plan would not address site specific impacts, or allow for any development, it
would provide the County with adequate and dnne|y information on which an
informed decision could be made; whether or not the area was appropriate for
Business and Research Park investment, development and job creation.
With respect to Nance Canyon in particular, a good part ofthe Board's dialogue
centered around wetlands and the areas designation asn "Critical Habitat Area". It
is important to note that the Nance Canyon area is not within the designated "Critical
Habitat Area", but rather the "Core Recovery Area". The distinction between these
USFVVS designations was largely ignored during the evaluation process, but from a
regulatory and environmental constraints context, there isavast difference (see
attached summary).
Beyond encouraging the Board to consider this very significant opportunity, I want to
express my sincere appreciation for all of the hard work, study and deliberation that
the Board, County Staff and the Citizens Advisory Committee have put into our 20
year planning effort.
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Differences between CRITICAL HABITAT and CORE RECOVERY AREAS
CRITICAL HABITAT requires Federal agencies to consult with the Service regarding
any action that could destroy or adversely modify critical habitat.
What is CRITICAL HABITAT?
The ESA defines CRITICAL HABITAT as "the specific areas within the
geographical area occupied by the species, at the time it is listed, on which are
found those physical or biological features (I) essential to the conservation of the
species and (II) which may require special management considerations or
protection; and specific areas outside the geographical area occupied by the
species at the time it is listed that are determined by the Secretary to be
essential for the conservation of the species." A designation does not set up-a
preserve or refuge and only applies to situations where Federal funding, permits
or projects are involved. It does not apply to citizens engaged in activities on
private land that do not involve a federal agency.
How does CRITICAL HABITAT get designated?
The ESA requires that the USFWS designate CRITICAL HABITAT using the best
scientific information available, in an open public process, at the time of listing or
not later than one year after listing. Before designating critical habitat USFWS
must consider the economic impacts, impacts on national security and other
relevant impacts of specifying any particular area as critical habitat. The
Secretary of Commerce may exclude an area from critical habitat if the benefits
of exclusion outweigh the benefits of designation, unless excluding the area will
result in the extinction of the species concerned.
CORE RECOVERY AREAS have no legal mandate for protection under the
Endangered Species Act and solely rely upon voluntary implementation.
There is no formal definition for CORE RECOVERY AREAS in the Endangered
Species Act; The term is used to indicate areas which may be good locations for
restoration and enhancement, if that becomes an option for the site.
• The Nance Canyon Study area (bound roughly by Neal Road, Skyway and SR99)
is within the CORE RECOVERY AREAS.
• There is no CRITICAL HABITAT on Nance Canyon.
• There is CRITICAL HABITAT on the SW side of SR99.