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HomeMy WebLinkAboutNotice of EIS-EIR and Public Scoping Meetings on BRCPgOARQ ~ $!~g DEC 1 g 2012 oROVtu~, ~ol~ Notice of Preparation and Notice of Public Scoping Meetings for an Environmental Impact Statement/Environmental Impact Report for the Butte Regional Conservation Plan Introduction The Butte County Association of Governments [BCAG] and the U.S. Fish and Wildlife Service (Service] plan to prepare an Environmental Impact Statement/Environmental Impact Report - [EIS/EIR} on the Butte Regional Conservation-Plan [BRCP} for western Butte County, including the western lowlands and foothills of Butte County. This is a comprehensive, regional plan designed to provide long-term conservation and management of natural communities, sensitive species, and the habitats upon which those species depend, while accommodating other important uses of the land. The BRCP serves as a habitat conservation plan {HCP} pursuant to the federal Endangered Species Act {ESA], and a natural community conservation plan [NCCP} under the California Natural Community Conservation Planning Act [NCCPA). The BRCP addresses state and federal endangered species compliance requirements for the County of Butte and the cities of Oroville, Chico, Biggs, and Gridley [Local Agencies}, BCAG, the California Department of Transportation District 3 [Caltrans}, Western Canal Water District, Biggs West Gridley Water District, Butte Water District, Richvale Irrigation District, and the BRCP Implementing Entity that will be established to implement the BRCP [Permit Applicants} far activities and projects in the BRCP Plan Area that they conductor approve. The EIS/EIR will be prepared pursuant to the California Environmental Quality Act [CEQA}. BCAG, acting as the lead agency under CEQA, and the Service, acting as the lead agency underthe National Environmental Polley Act [NEPA}, have determined that an EIS/EIR should be prepared for the BRCP. In accordance with NEPA, the Service is publishing a notice of intent [NOI) iri the Federal Register. The California Department of Fish and Game [CDFG) is a Responsible Agency and a Trustee Agency for purposes of CEQA. The National Marine Fisheries Service (NMFS] is a Cooperating Agency far purposes of NEPA. The BRCP Plan Area encompasses approximately 564,270 acres in the western lowlands and foothills of Butte County, California (Figure 1). Covered species are those species addressed in the BRCP for which conservation actions will be implemented and for which the Permit Applicants will seek incidental take authorizations for a period of up to 50 years. Species proposed for coverage in the BRCP are species that currently are federally- and/or state-listed as threatened or endangered, or have the potential to become listed during the life of the BRCP, and have some likelihood to occur in the BRCP area. The BRCP is expected to address 401isted and nonlisted wildlife and plant species [Table 1). In addition, the BRCP includes conservation strategies for species of local concern in the PIan Area [Table 2). The permits are needed to authorize take of listed species that could occur as a result of implementation activities covered under the BRCP [see Covered Activities below). This notice also serves to notify the public of scoping meetings and the public comment period regarding the scope of the EIS/EIR Additional details regarding meeting locations and times and the public comment period are provided in this notice. Notice of Preparation of an Ef5/EIR and NoEiceo Public5copingMe '~farthe N_ ~'~ Butt egional Conserv on PIan ~~:~~~~~s~~,~~~ a~~a.~~ii~` Page 1 of 4 Butte Regional Conservation Plan Background In 2007, the BRCP Flanning Agreement was entered into and by and among the Local Agencies, BCAG, CDFG, the Service and NMFS. In 2010, Western Canal Water District, Biggs West Gridley Water District, Butte Water District, Richvale Irrigation District and Caltrans became signatories to the Planning Agreement. The Planning Agreement set out the initial scope of the program and defined the roles and responsibilities of the parties in the development of the BRCP. The Planning Agreement has helped guide the BRCP planning process and to define the initial scope of the effort. BCAG served as the Iead in coordination of the process and preparation of the BRCP. The 13RCP's Conservation Strategy provides a regional approach far the long-term conservation of covered.speciesond natural communities within the BRCP Plan Area while allowing for compatible future land use and development under county and city general plan updates and the regional transportation plan. The BRCP identifies and addresses the covered activities {see below] carried aut by the Permit Applicants that may result in take of covered species within the BRCP Plan Area. The proposed BRCP is consistent with and is intended to support compliance with other federal and state wildlife and related laws and regulations, other local conservation planning efforts, and the city and county general plans. The BRCP was developed in coordination with the development of city and county general plans in the BRCP Plan Area with feedback loops between the BRCP and general plan processes. These feedback loops identified opportunities and constraints and allowed for improvements in the general plans regarding the avoidance and minimization of impacts on biological resources and the development of open space. and conservation elements that dovetail with the BRCP. Project Description The BRCP is being prepared under the combined efforts of the BCAG and the Service, in coordination with CDFG and NMFS. The proposed BRCP is designed to streamline and coordinate existing processes for review and permitting of public and private activities that potentially affect protected species. To meet this goal, the BRCP sets out a conservation strategy that includes measures to ensure that impacts on covered species and habitats related to covered activities are avoided, minimized, or mitigated, as appropriate. These•covered: activities encornpass.the.range of existing and future activities that are associated with much of the regional economy and the regional transportation plans f see Covered Activities below). The BRCP is further intended to reinforce the role of local government in overseeing local land use planning and decision-making. BRCP Plan Area The BRCP Flan area includes the western lowlands and foothills of Butte County bounded on the west by county boundaries with Tehama, Glenn, and Colusa counties; bounded on the south by boundaries with Sutter and Yuba counties; bounded on the north by the boundary with Tehama County; and bounded on the east by the upper extent, of landscape dominated by oak woodland natural communities-approximately 564,270 acres [Figure 1). Specifically, the eastern oak woodland boundary is defined by a line below which land cover types dominated by oak trees comprise more than one half of the land cover present plus a small portion of the City of Chico that extends above the oak zone. The BRCP Flan area was defined as the area in which covered activities Notice of Preparation of an EIS/EIR and Page 2 of 6 Notice of Puhlic 5coping Meetings far the Butte Regional Conservation Plan would occur, impacts would be evaluated, and a conservation strategy would be implemented. The boundary of the BRCP area is based on political, ecological, and hydrologic factors. Covered Species The BRCP is expected to address 441isted and non-listed wildlife and plant species. The list of proposed covered species may change as the planning process progresses; species may be added or removed as mare is learned about the nature of covered activities and their impact in the BRCP area. Table 1 lists the proposed covered species and their current listing status. Table 2 lists the species to be conserved within the Plan Area. Covered Activities The purpose of the BRCP is to contribute to the conservation of covered species while streamlining endangered species permitting for covered activities: in the proposed BRCP area. The BCAG and the Permit Applicants intend to request incidental take authorization for covered species that could be affected by activities identified in the BRCP. As described in the BRCP, the activities within the Plan Area for which incidental take permit coverage is requested include construction and maintenance of facilities and infrastructure, both public and private, which are consistent with local general plans, and local, state and federal laws. The following is a summary of covered activities as proposed in the BRCP. Activities are grouped geographically (within Urban Permit Areas, outside urban permit areas, and within the system of conservation lands established in the BRCP) and are further grouped into activities that result in permanent development, and activities involving maintenance of existing or new facilities that are expected to occur over time during the permit duration. This list is not intended to be exhaustive; rather, it provides an overview of the types of activities that would be expected to occur. Activities Within Urban Permit Areas (UPAs) UPAs are areas within the Plan Area within which the cities and County anticipate urban development under their respective general plan updates. 1) Permanent Development: covered activities within UPAs as a result of new construction and improvements to existing facilities are covered, including the following types of activities: a} Residential; commercial, public facilities, aid industrial construction. b) Recreational activity-related construction. c} Transportation facilities construction. d) Pipeline installation. e) Utility services [above and below ground). f) Waste and wastewater management activities. g) Flood control and stormwater management activities. h} in-water permanent development projects Notice of Preparation of an Els/EIR and Page 3 of 6 Notice of Public Stoping Meetings far the Butte Regional Conservation Plan 2] Recurring Maintenance: covered activities within UPAs include maintenance of existing and new facilities resulting in temporary impacts, including the following types of activities: a) Recreational activities. b) Transportation facilities maintenance. c} Pipeline maintenance. d) Utility services. e) Waste and wastewater facilities management activities. f} Flood control and stormwater management activities. g) Vegetation management. h} Bridge and drainage structure maintenance. i) Irrigation and drainage canal activities [Western Canal Water District, Biggs West Gridley Water District, Butte Water District, and Richvale Irrigation District}. j) In-water recurring maintenance activities Activities ~u#side UPAs These areas of the County are within the Plan Area and located outside of the UPAs. Covered activities include linear utilities, transportation construction and maintenance projects, and agricultural support services projects. Outside UPAs da not include areas that become part of BRCP conservation lands. 1] Permanent Development: covered activities of outside UPAs includes new construction and improvements to existing facilities, including the following types of activities: a} Waste management and wastewater facilities. b) Rerouting of canals (Western Canal Water District, Biggs West Gridley Water District, Butte Water District, and Richvale Irrigation District}. c] Transportation Facilities.Construction: - - - a] BCAG Regional Transportation Plan and Caltrans projects. b} Butte County rural bridge replacement projects. d} Butte County rural intersection improvement projects. e} Butte County rural roadway improvement projects. d] Agricultural services. e] In-water permanent development activities. Notice of Preparation of an E15/EIR and Page 4 of 6 Notice of Pu61ic 5coping Meetings for the Butte Regional Conservation Plan 2) Recurring Maintenance covered activities of outside UPAs include maintenance of existing and new facilities, including the following types of activities: a) Waste and wastewater management activities. b) Irrigation and drainage canal activities [Western Canal Water District, Biggs West Gridley Water District, Butte Water District, and Richvale Irrigation District}. c) Transportation facilities maintenance. d} Flood control and stormwater management activities. e} Vegetation management. __ __ fl Bridge and drainage structure maintenance. g) In-water recurring maintenance activities Conservation Lands These areas include the system of conservation lands established under the BRCP. It includes conservation actions implemented by the BRCP on conservation lands, including the following types of activities: 7.} Habitat management. 2) Habitat restoration and enhancement. 3) Habitat and species monitoring. 4) Directed studies. 5) General maintenance of conservation lands and facilities. b) Avoidance and minimization measures. 7) Species population enhancement measures. 8) Public education and access control facilities - 9) In-water conservation actions Environmental Impact.5tatement/Environmental Impact Report The BCAG and the Service will prepare a joint document in compliance with CEQA and NEPA. The BCAG will be responsible for the scope and content of the document for CEQA purposes, and the Service will be responsible for the scope and content of the document for NEPA purposes. The EIS/EIR will consider the proposed action [issuance of ESA permits) and a reasonable range of alternatives. A detailed description of the proposed action and alternatives will be included in the EIS/EIR. It is anticipated that several alternatives will be developed, which may include alternatives that vary by the Ievel of conservation, impacts caused by the proposed activities, permit area, covered species, or a combination of these factors. The EIS/EIR is anticipated to address potentially significant direct, indirect, and cumulative impacts and beneficial effects on the following environmental issues: agricultural resources, air quality, biological resources, climate change/greenhouse gas emissions, cultural resources, geology/soils/mineral resources, Notice of Preparation of an E15/EIR and Page 5 of 6 Notice of Public Scaping Meetings for the Butte Regional Conservation Plan hazards/hazardousmatcrials, water resources/hydrology/water quality, Iand use/planning, noise, population/housing,publio services, recreation/open space, socioeconomics, environmental justice, trafl"ic/transportation, utilities/service systems, and visual resources. For potentially significant impacts, the EIS/EIR will identify mitigation measures where feasible to reduce these impacts to a level below significance. Public In~o~~ement Public Soaping Meetings Two public scoping meetings have been scheduled to provide an overview of the BRCP and obtain written and/or oral comments on the scope and content of the EIS/EIR Meeting dates, times and locations are as follows: Oroville Wednesday, January 9, 2013 2:00 p.m. to 4:00 p.m. OroviIle City Council Chambers 1735 Montgomery Street Oroville, CA 95965 Chico Wednesday, January 9, 2013 6:00 p.m. to 8:00 p.m. BCAG Conference Room 2580 Sierra Sunrise Terrace, Suite 100 Chico CA 95928 Persons needing reasonable accommodations in order to attend and participate in one of the public meetings should contact Chris Devine at (530] 879-2468 as soon as possible, In order to allow sufficient time to process requests, please call no later than 1 week before the public meeting. Submitting Comments Please send written comments on or before January 30, 2013. Written comments regarding the scope of the EIS/EIR are invited from interested parties to ensure that the full range of environmental issues related to the proposed action is identified and evaluated. All comments received, including names and addresses of commenters, will become part of the official administrative record and will be made available to the public. Information, written comments, or questions related to the preparation of the EIS/EIR should be received on or before January 30, 2013. Written comments should be directed to: Chris Devine, Planning-Manager Butte County Association of Governments 2580 Sierra Sunrise Terrace, Suite 100 Chico, CA 95928 Fax: (530] $79-2444 Email: cdevine(c~bcag.ora Additional Information For additional information regarding the Butte Regional Conservation Plan, please visit the following website: www.buttehcp.com. Notice of Preparation of an EIS/EIR and Page 6 of 6 Notice of Public Scoping Meetings for the Butte Regional Conservation Plan Nye ,!"' Wfv~A'f J,jr .~.~. a~ t• `;~.~ ~ [,in~°' 'r Chic s ,.,~ .~ ' ~ ~- ~~7 5acramentoRiver ~`~ _ ~~~ ~ ~ ' Nations! ~°~~~~~~ Dur alri ~- ~ ~ WildiifeRefage ;~r~t a ~ ~.F' ~.~ , ,~ . ~~.' 14B ; ti- L3r~ f' ~ ~ • ti' ~ ~ ~ I~o'~ , ~ ~~~~,:~ ~ r .. ~.tl , ~ u ~ j J C~. Glenn 162 ~~~ Arerm kherbey CUIIrItrf ~ ~ ' S9 ;~: ~'E`r~eF ~~~ ~. ~ 1P 4r.. t Calusa uwl County ~?a. :Legend ••••••• City Boundary . Plan Area Boundary ' ~r ,; ~~~ ~~ p' t r . , ,~ Szr r4 ~ - Hydrology Corurty ~;' ~;.;y:• „ lJrban , ~ .„ - ~ . Wildlife Area .. ~~~~ +{~"~`~~' f°'~~"'~ ` ~. r ~ o Z: I ' ~ Sources: Bu@e Coun 2008• C IL 2007. ~ ~ ~Ms, t ~~ ~ ~ ~ 4 ~ ' ~' ~' P f - r xr {~ ' r^~ I II ~ r r .~- ~ f~ .~'+ s a , ~' ~ i / Fade.-- I r '-p,,, ~ ~r f~~ 4v J' j'f:f. ~ ~~ f F/ L i ~ ~~ r f ~ ~~ ~ ~.. ~~ %f r ~' 5:~ ~- ~, Lrke ~~~~^ 1 { r: ,~ ~~, _ Orooille ~~ ''' ~1 fir, ' r ~~ ~ ~ ~} '~ " ~ a 1 ,~ ~ f0 P 162 r~", " ~ ~ ) ~~~ r r y~ 4 ;`:.., r~ r ~,. t - ~~' xr~ . _ .. ~ ." ,r? Figure 1 Plan Area for the Butte Regional Conservation Plan r Table 1. Covered Species under the Butte Regional Conservation Plan =BRCP} and Their listing Status Statusa Common Name Scientific Name Federal/State/CNPS Birds 1 Tricolored blackbird Agelatus tr-lcolar -/SSC/- 2 Yellow-breasted chat Icteria virgins -/SSC/- 3 Bank swallow Riparia riparia -/T/- 4 Western burrowing owl Athene cunicularia hypugea -/SSC/- 5 Western yellow-billed cuckoo Coccyxus americanus occidentalis C/E/- 6 Greater sandhill crane Grus canadensis ta6ida -/T,FP/- 7 California black rail Laterallus jamaicensis caturniculus -/T,FP/- 8 American peregrine falcon Falco peregrines anatum 17/D,FP/- 9 -Swainson's hawk - - - - - _ Buteo swainsoni - _ _ - - - -- -/T/- 10 White-tailed kite Elanus Ieucurus -/FP/- 11 Bald eagle Haliaeetus Ieucocephalus D/E,FP/- Reptiles 12 Giant garter snake Thamnaphisgigas T/T/- 13 Blainville's horned lizardb Phrynosoma blainviilii -/SSC/- 14 Western pond turtle Actinemys marmorata -/SSC/- Amphibians 15 FoothilIygillow-legged frog Rana boylii -/SSC/- 16 Western spadefoot toad Spea hammondii -/SSC/- Fish 17 Central Valley steelhead Oncarhynchus mykiss T/-/- 18 Central Valley spring-run Oncorhynchus tshawytscha T/T/- Chinooksalmon 19 Central Valley fall/late fall-run Oncorhynchus tshauytscha -/SSC/- Chinooksalmon 2Q Sacramento splittail Pogonichthys macrolepidotus -/SSC/- 21 Green sturgeon Acipenser medirostris T/SSC/- 22 River lamprey Lampetra ayresii -/SSC/- Invertebrates 23 Valley elderberry longhorn Desmocerus californicus dimorphus T/-/- beetle 24 Vernal pool tadpole shrimp Lepidurus packardi E/-/- 25 Conservancy fairy shrimp Branchinecta conservatio E/-/- Z6 Vernal pool fairy shrimp Branchinecta Iynchi T/-/- Plants Z7 FerriS' milkvetch Astragaius tener var. ferrisiae -/-/IB 28 Lesser saltscale Atripiex minuscuIa -/-/1B 24 Hoover's spurge Chamaesyce hooveri T/-/1B 30 Ahart's dwarf rush Juncus leiospermus var. ahartii -/-/1B 31 Red Bluff dwarf rush Juncus leiospermus var. leiospermus -/-/1B 32 Butte County meadowfoam LimnanthesJIoccosa ssp. caiifornica E/E/1B 33 Veiny Monardella Monardella douglasii ssp. venosa -/-/1B 34 Hairy Orcutt grass Orcuttia pilosa E/E/1B 35 Slender Orcutt grass Orcuttia tennis T/E/1B 36 Ahart's paronychia Paronychia ahartri -/-/1B 37 California beaked-rush Rhynchospora californica -/-/1B 38 Butte County checkerbloom Sidalcea robusta -/-/1B Table 1. Continued Page 2 of 2 5tatusa Common Name Scientific Name Federal/State/GNPs 39 Butte County golden clover Trifolium jokerstii -/-/J.13 40 Greene's tuctoria Tuctoriagreenei E/R/1.13 a S1~tLS: Federal State E = listed as endangered under ESA E T = listed as threatened under ESA T C = candidate for listing under ESA D A = delisted under ESA R California Native Plant Society [GNPs) 1B = rare or endangered in California and elsewhere SSC FP = listed as endangered under CESA = listed as threatened under CESA = delisted under CESA = Listed as rare under the California Native Plant Protection Act = California species of special concern = fully protected under the California Fish and Game Code. 6 Formerly California horned lizard (Phrynosoma coronatum frontale) G Valley elderberry longhorn beetle was proposed for de-listing by U5FW5 in October 2DD6. if it is removed from federal protection status, it may no Ionger meet the criteria for coverage under the BRCP. Table 2. Species of Local Concern Proposed for Conservation Under the BRCP $tatllSa Common Name Scientific Name Federal/State/GNPs Birds 1 Yellow warbler Dendroica petechla sonara na -/SSC/- 2 California thrasher Toxostoma redivivum -/-/- 3 . Purple martin Prognesubis -/SSC/- 4 California horned lark Eremophila alpestrls actia -/-/- 5 Yellow-billed magpie Pica nuttalli -/-/- 6 Loggerhead shrike Lanius ludovicianus -/55C/- 7 Willow flycatcher Empidonax traiilii -/E/- S Short-eared owl Asioflammeus -/SSC/- 9 Long-eared owl Asia otus -/SSC/- 10 Greater roadrunner Geococcyx calrfornianus -/-/- ii Golden eagle Aquila chrysaetos -/FP/- 12 Northern harrier Circus cyaneus -/SSC/- 13 Merlin Falco columbarlus -/°/- 14 Prairie falcon Falco mexicanus -/-/- Fish 15 Tule perch Hysterocarpus traski -/-/- 16 Hitch Lavinia exilicauda -/-/- 17 Hardhead Mylopharodon conocephaius -/SSC/- a Status: Federal State E = listed as endangered under ESA E - listed as endangered under CESA T = listed as threatened under ESA T = listed as threatened under CESA C = candidate for listing under ESA SSC = California species of special concern D = delisted under ESA FP = fully protected under the California Fish and Game Code.