Loading...
HomeMy WebLinkAbout15-151_Berry Creek Rancheria_IS-MND_06-20-16 Draft Initial Study Proposed Mitigated Negative Declaration Berry Creek Rancheria LOAPUD Annexation Lead Agency: Lake Oroville Area Public Utility District 1960 Elgin Street Oroville, CA 95966 Prepared By: Initial Study/Mitigated Negative Declaration Page i Berry Creek Rancheria LOAPUD Annexation Table of Contents 1. Project Contacts and Information ......................................................................................................... 1 2. Project Description ................................................................................................................................. 2 3. Determination .......................................................................................................................................... 7 4. Environmental Checklist ........................................................................................................................ 9 1. Aesthetics ............................................................................................................................................ 9 2. Agricultural and Forestry Resources ................................................................................................. 10 3. Air Quality ........................................................................................................................................ 11 4. Biological Resources ......................................................................................................................... 14 5. Cultural Resources ............................................................................................................................ 16 6. Geology and Soils ............................................................................................................................. 17 7. Greenhouse Gas Emissions ............................................................................................................... 19 8. Hazards and Hazardous Materials ..................................................................................................... 20 9. Hydrology and Water Quality ........................................................................................................... 22 10. Land Use and Planning ..................................................................................................................... 24 11. Mineral Resources ........................................................................................................................ 26 12. Noise ................................................................................................................................................. 27 13. Population and Housing .................................................................................................................... 28 14. Public Services .................................................................................................................................. 29 15. Recreation ......................................................................................................................................... 30 16. Traffic and Transportation ................................................................................................................ 31 17. Utilities and Service Systems ............................................................................................................ 33 5. Mandatory Findings of Significance .................................................................................................. 36 6. Preparers and References ................................................................................................................... 37 7. Acronyms and Abbreviations .............................................................................................................. 38 Initial Study/Mitigated Negative Declaration Page ii Berry Creek Rancheria LOAPUD Annexation List of Tables Table 4.3.1: Butte County Ambient Air Quality Attainment Status ........................................................... 12 List of Figures Figure 1: Location Map ................................................................................................................................ 5 Figure 2: Project Map ................................................................................................................................... 6 Appendices Appendix A LAFCO Exhibit 2 Appendix B SC-OR Capacity Impact Study for Berry Creek Rancheria Initial Study/Mitigated Negative Declaration Page 1 Berry Creek Rancheria LOAPUD Annexation 1. Project Contacts and Information This Project Information, Description, and Environmental Checklist contained herein constitute the contents of an Initial Study in accordance with Section 15063 of the California Environmental Quality Act (CEQA) Guidelines: Project Title Berry Creek Rancheria LOAPUD Annexation Lead Agency Contact and Address Lake Oroville Public Utility District 1960 Elgin Street Oroville, CA 95966 Project Sponsor’s Name and Address Dwayne Long, General Manager (530) 533-2000 Contact Person and Phone Number Tyme Maidu Tribe Berry Creek Rancheria Maidu Indians of California A Federally Recognized Tribe 5 Tyme Way Oroville, CA 95966 Attention: Jim Edwards, Tribal Chairman Initial Study/Mitigated Negative Declaration Page 2 Berry Creek Rancheria LOAPUD Annexation 2.0 Project Description Project Location The project site is situated in Section 15, Township 19 North, Range 4 East, of the Mt. Diablo Base and Meridian, Butte County, CA. The site is south of State Route 162 (SR 162)/Olive Highway, approximately 0.1 miles east of the City of Oroville city limits. The annexation area is part of the Tyme Maidu Tribe Berry Creek Rancheria and is comprised of five parcels totaling approximately 61.9± acres (Figure 1). Project Description The proposed project would involve annexing five (5) parcels of the Tyme Maidu Tribe Berry Creek Rancheria (Tribe or Rancheria) into the Lake Oroville Area Public Utility District (LOAPUD or District) for sewer service. Presently, the subject property is not part of LOAPUD and is not entitled to sewer service. Annexation would allow LOAPUD to provide sanitary sewer service to the annexing parcels. The five (5) parcels were conveyed from “fee” to Federal “trust” status in November 2013. The annexation parcels include (Figure 1 and Figure 2):  068-160-076  068-160-077  068-160-019  068-160-066  068-341-030 Approximately, 1.14-acres of parcel 068-160-077 was previously annexed into the District in December 2007. This site is the location of an existing gymnasium for use by members of the Berry Creek Rancheria. Future subsequent development within the proposed annexation area includes construction of a recreational vehicle (RV) park with approximately 80 spaces, restroom facilities, and a convenience market with 5 regular gas pumps and 2 large truck pumps on approximately 18.5 acres; and 42 single-family residential units for Rancheria members on approximately 20 acres. The Tribe and District will enter into a Development Agreement for the construction and maintenance of the LOAPUD facilities. The Tribe will be responsible for the construction of the sewer facilities pursuant to the approved plans. The District will ensure that engineering plans for the sewer utilities are prepared in accordance to the District’s Improvement Standards and Policies. The District will be responsible for the operation, maintenance, repair and replacement of the facilities, as necessary. In addition, the Tribe will provide to the District appropriate permanent easements and rights of way providing unrestricted right for operation, maintenance, repair, and replacement of sewer facilities. General Plan Designation and Zoning Butte County: Medium Density Residential; General Commercial Currently, the land is in federal trust and no longer subject to the local zoning regulations. Initial Study/Mitigated Negative Declaration Page 3 Berry Creek Rancheria LOAPUD Annexation Environmental Setting The proposed annexation parcels were conveyed from “fee” to Federal trust” status for the Tyme Maidu Tribe of the Berry Creek Rancheria in 2013. As part of conveyance of the property, an Environmental Assessment (EA) was prepared to comply with the National Environmental Policy Act (NEPA). The EA documented both conveyance of fee land into Federal trust status as well as the potential environmental effects associated with the development of the site with tribal housing, utility infrastructure, and other associated uses. The EA included setting descriptions and site specific studies for the project site, including a biological evaluation and cultural study. Therefore, this Initial Study incorporates by reference the November 25, 2013, Environmental Assessment Conveyance of 56.79 Acres of Fee Property to Federal Trust, Berry Creek Rancheria, prepared by LACO Associates. A copy of this document can be found at the Berry Creek Rancheria office, 5 Tyme Way, Oroville, CA 95966. The annexation site is located within the Berry Creek Rancheria and is therefore property held in “trust” by the United States for the benefit of the Tyme Maidu Tribe (Tribe)/Berry Creek Rancheria. The annexation site is an unimproved, vacant property located adjacent to the Rancheria’s current facilities that include Gold Country Casino and Hotel, Tyme Bowling Alley, 40 single-family residences, a community center, a sports field, and a gymnasium. The eastern portion of the project site near the gym and sports field is used for storage, casino valet overflow parking, and a motocross track for Rancheria residents. The annexation site is gently sloping, and the topography has some open areas with coverage of native tree species including blue oak, gray pine, and canyon live oak. Common shrub species include buckbrush, coyote brush, poison oak, and toyon. Groundcover includes both native and non-native species of grasses and forbs. Other Public Agencies Whose Approval is Required Butte Local Agency Formation Commission (LAFCO) – Annexation into LOAPUD Service Area Regulatory Guidance This document is an Initial Study (IS) with supporting environmental studies, which provide justification for a Mitigated Negative Declaration (IS/MND) pursuant to the California Environmental Quality Act (CEQA). This Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines 14 California Code Regulations Section 15000 et seq. An initial study is conducted by a lead agency to determine if a project may have significant effect on the environment. In accordance with the CEQA Guidelines Section 15063, an EIR must be prepared if an initial study indicates that the proposed project under review may have a potentially significant impact on the environment. A Negative Declaration may be prepared instead, if the lead agency prepares a written statement describing the reasons why the proposed project would not have a significant effect on the environment, and therefore, why it does not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a Negative Declaration shall be prepared for a project subject to CEQA when either: Initial Study/Mitigated Negative Declaration Page 4 Berry Creek Rancheria LOAPUD Annexation a) The initial study shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or b) The initial study identifies potentially significant effects, but: 1) Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur and; 2) There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment. If revisions are adopted in the proposed project in accordance with the CEQA Guidelines Section 15070(b), a Mitigated Negative Declaration is prepared. 068-160-066-000 068-160-077-000068-160-019-000 068-341-030-000 068-160-076-000 HWY 162 HILLDALE AVE G L E N D R OROVILLE QUINCY HWY ARB O L A V E EDGEWOOD D R MEADO W V I E W D R PI N E D A L E A V E GL E N C I R SOUTHVIEW DRW E S T W O O D W A Y FO R D D R BUEHL E R A V E NORTHVIEW DR P I N E O A K S R D M E L R O S E D R PINEDA L E C T H E D L U N D D R HART DR RUNGE C T SHARP RD DUK E L N M O U N T A I N V I E W D R ROSEMEL CT FOOT H I L L B L V D MA R G A R E T D R AD E L A I D E W A Y LE O N A R D W A Y MILLO W C T BA T O N R O U G E D R VALINDA CT SU N F L O W E R L N RO S S M O R E L N CONCOR D I A L N WOOD C R E S T D R Copyright:© 2013 National Geographic Society, i-cubed BUTTE YUBA GLENN COLUSA SUTTER PLUMAS NEVADA TEHAMA PLACER Content may not reflect NationalGeographic's current map policy.Sources: National Geographic, Esri,DeLorme, HERE, UNEP-WCMC,USGS, NASA, ESA, METI, NRCAN,GEBCO, NOAA, increment P Corp. Imagery Source: USGS TopoParcel Data: BCAGInset Imagery: National Geographic Figure 1: Location Map Within Section 15, T19N,R04E, Butte County, CAOroville and PalermoUSGS 7.5' Quads 0 750 1,500375Feet Project Area Project Area Berry Creek Rancheria Annexation- Butte County, CA - Map Date: June 7, 2016Drawn By: CJW NSE Project #15-151 Legend Project AreaButte Co. Parcels 1 inch = 750 ft (printed at 8.5 x 11) www.northstareng.com © NorthStar Engineering 068-160-076-000 068-341-030-000 068-160-077-000 068-160-019-000 068-160-066-000 HWY 162 HILLDALE AVE PI N E D A L E A V E OROVILLE QUINCY HWY GLEN DR M E L R O S E D R PINED A L E C T HART DR M O U N T A I N V I E W D R ROSEMEL CT HART L N SU N F L O W E R L N ED G E W O O D D R Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GISUser Community Imagery Source: ESRI USDA FSAJuly 2014Linework: NorthStar Figure 2: Project Site Map Within Section 15, T19N,R04E, Butte County, CAOroville and PalermoUSGS 7.5' Quads 0 500 1,000250Feet Berry Creek Rancheria Annexation- Butte County, CA - Original Map Date: 6/7/2016Revised Map Date: 6/20/2016 DrawnBy:CJW NSEProject #15-151 www.northstareng.com © NorthStar Engineering 1 inch = 500 ft (printed at 8.5 x 11) Legend Project Area Previously Annexed Area Butte Co. Streets Initial Study/Mitigated Negative Declaration Page 8 Berry Creek Rancheria LOAPUD Annexation Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project-specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, “Earlier Analyses,” may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 ©(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures: For effects that are “Less Than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. Initial Study/Mitigated Negative Declaration Page 9 Berry Creek Rancheria LOAPUD Annexation 4.0 Environmental Checklist 1. Aesthetics Would the project: Potentially Significant Less Than Significant with Mitigation Less Than Significant No Impact a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources within a state scenic highway? X c) Substantially degrade the existing visual character or quality of the site/surroundings? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Setting The surrounding terrain is characterized by hills and mountainous terrain. The proposed project site comprises a limited portion of the afforded views from SR 162. Views in the immediate area are limited by topography, vegetation next to the road, and the elevation of the proposed project site. Motorists on SR 162 have limited long distance views due to landform obstructions, vegetation barriers, and speed of travel. There are no scenic vistas or scenic vantage points present within the proposed project site. Discussion a-d) No Impact The annexation will not have an adverse effect on a scenic vista, including scenic roadways, federal or scenic rivers, historic buildings, or state scenic highways as there are no designated scenic vistas or designated scenic resources present within the project site. The project will have No Impact on any scenic vista, roadway, or resource and No Impact on any lands preserved under a scenic easement or contract. The proposed annexation and installation of sewer utilities would not create a new source of substantial light or glare, therefore there is No Impact on lighting or glare that could affect day or nighttime views. Mitigation None Required. Initial Study/Mitigated Negative Declaration Page 10 Berry Creek Rancheria LOAPUD Annexation 2. Agricultural and Forestry Resources Would the project: Potentially Significant Less Than Significant with Mitigation Less Than Significant No Impact a) Convert Farmland (Prime, Unique or of Statewide Importance) pursuant to the Farmland Mapping and Monitoring Program of the CA Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 1220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non-forest use? X e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X Setting The California Department of Conservation’s (DOC) Important Farmland classifications include Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance. These classifications recognize land’s suitability for agriculture production by considering physical and chemical characteristics of soil, such as depth to groundwater, soil temperature range, flood potential, rooting depth, and rock fragment content. The classifications also consider location, growing season, and moisture available to sustain high-yield crops. According to the Butte County Important Farmland map, the project site is designated as Other Land, which is defined as land that generally includes low-density rural developments, vegetative and riparian areas not suitable for livestock grazing, confined animal agriculture facilities, and vacant non-agricultural land surrounded on all sides by urban development. Under the California Land Conservation Act of 1965, also known as the Williamson Act, local governments can enter into contracts with private property owners to protect land (within agricultural preserves) for agricultural and open space purposes. No portion of the project area or adjacent parcels are held under Williamson Act contracts. No agricultural fields are located within or near the proposed project area. Initial Study/Mitigated Negative Declaration Page 11 Berry Creek Rancheria LOAPUD Annexation Discussion a-e) No Impact The annexation and utility improvements will not convert Prime or Unique Farmland, or Farmland of Statewide Importance. The DOC, Division of Land Resource Protection, Farmland Mapping and Monitoring Program’s Butte County Important Farmland 2010 map identified the project site as “Other Land.” The annexation will not conflict with and existing zoning for agriculture use or forested land and is not under a Williamson Act contract. The project will not result in the loss of forest land, conversion of forest land, or involve other changes in the existing environment which, due to their location or nature could result in the conversion of farmland or forested land. The proposed annexation site is vacant with no agriculture or timber resources and is surrounded by urban development. The annexation will result in No Impact to Agriculture and Forest Resources. Mitigation None Required. 3. Air Quality Would the project: Potentially Significant Less Than Significant with Mitigation Less Than Significant No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including emissions that exceed quantitative thresholds for ozone precursors)? X d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Setting The federal Clean Air Act (CAA) and the State’s California Clean Air Act govern air quality within the United States and California, respectively. The federal agency in charge of administering the federal Clean Air Act is the Environmental Protection Agency (EPA), while the California Clean Air Act is administered by the California Air Resources Board (CARB) at the state level and by Butte County Air Quality Management District (BCAQMD) at the local and regional levels. Initial Study/Mitigated Negative Declaration Page 12 Berry Creek Rancheria LOAPUD Annexation The EPA enforces the federal CAA as well as establishes the National Ambient Air Quality Standards (NAAQS). CARB establishes state standards, monitors existing air conditions, limits allowable emissions from vehicles, and is responsible for implementing the State Implementation Plan (SIP). To facilitate these activities CARB has divided the state into single or multi-county air basins. Authority of air quality management within the basins has been delegated to local Air Quality Management Districts, which develop plans within their jurisdictional area. The Bureau of Indian Affairs (BIA) must comply with the General Conformity Rule under the CAA, for projects which they exert a continuing management responsibility and control. Pursuant to the CAA as amended, air quality jurisdiction falls to the Tribe if programmatic jurisdiction is delegated by the EPA. The Berry Creek Rancheria receives a General Assistance Grant from the EPA, but has not assumed air quality jurisdiction. Therefore, the EPA maintains air quality jurisdiction for the Rancheria and not the state, the federal NAAQS apply instead of the state’s standards. This situation is not unique to the Berry Creek Rancheria, as it is the same at most of the 114 Indian Reservations or Rancherias present in California. The proposed project area falls under the jurisdiction of the EPA NAAQS. It is noted that Butte County is designated as a federal and state non-attainment area for ozone and particulate matter. “Non-attainment” means that the county exceeds the state and federal standards set forth for these particular pollutants (Table 4.3.1). Table 4.3.1: Butte County Ambient Air Quality Attainment Status Discussion a-c) Less Than Significant The proposed annexation will not conflict with or obstruct implementation of the applicable air quality plan for the Northern Sacramento Valley, nor will the project violate any air quality standard or contribute substantially to an existing or projected air quality violation. The annexation will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal ambient air quality standard. BUTTE COUNTY AMBIENT AIR QUALITY ATTAINMENT STATUS (2015) POLLUTANT STATE FEDERAL 1-hour Ozone Nonattainment -- 8-hour Ozone Nonattainment Nonattainment Carbon Monoxide Attainment Attainment Nitrogen Dioxide Attainment Attainment Sulfur Dioxide Attainment Attainment 24-Hour PM10** Nonattainment Attainment 24-Hour PM2.5** No Standard Nonattainment Annual PM10** Attainment No Standard Annual PM2.5** Nonattainment Attainment ** PM10: Respirable particulate matter less than 10 microns in size. PM2.5: Fine particulate matter less than 2.5 microns in size. Initial Study/Mitigated Negative Declaration Page 13 Berry Creek Rancheria LOAPUD Annexation Temporary (Construction Related) Impacts Construction related activities associated with installation of sewer utilities such as trenching and operating construction equipment would create a temporary increase in fugitive dust within the immediate vicinity of the project site and contribute temporarily to slight increases in heavy-duty vehicle emissions. Due to the duration of construction operations, and implementation of standard dust control measures, the temporary increase in heavy-duty equipment emissions is considered Less Than Significant. With regard to fugitive dust, the majority of the particulate generated by construction activities is anticipated to quickly settle. Implementing Best Management Practices (BMPs) for dust control will ensure dust related impacts remain Less Than Significant. These BMPs include but are not limited to the following:  Watering de-stabilized surfaces and stock piles to minimize windborne dust.  Ceasing operations when high winds are present.  Covering or watering loose material during transport.  Minimizing the amount of disturbed area during construction.  Seeding and watering any portions of the site that will remain inactive longer than a period of 3 months or longer.  Paving, periodically watering, or chemically stabilizing on-site construction roads.  Minimizing exhaust emissions by maintaining equipment in good repair and tuning engines according to manufacturer specifications.  Minimizing engine idle time, particularly during smog season (May-October).  Install sandbags or other erosion control measures to prevent silt runoff to public roadways with a slope greater than 1 percent.  Limit speeds on unpaved surfaces to 15 mph. d-e) Less Than Significant Apart from the potential for temporary odors associated with equipment used for construction activities, the proposed annexation and installation of sewer utilities will neither expose sensitive receptors to substantial pollutant concentrations, nor create significant objectionable odors affecting a substantial number of people. These potential impacts are temporary in nature and could be considered Less Than Significant. Mitigation Additional mitigation is not required. Implementation of standard dust control BMPs and standard construction BMPs per Butte County Air Quality Management District CEQA Air Quality Handbook 2014 would further reduce criteria air pollutants. Measures include but are not limited to:  Watering de-stabilized surfaces and stock piles to minimize windborne dust.  Ceasing operations when high winds are present.  Covering or watering loose material during transport.  Minimizing the amount of disturbed area during construction.  Seeding and watering any portions of the site that will remain inactive longer than a period of 3 months or longer.  Paving, periodically watering, or chemically stabilizing on-site construction roads. Initial Study/Mitigated Negative Declaration Page 14 Berry Creek Rancheria LOAPUD Annexation  Minimizing exhaust emissions by maintaining equipment in good repair and tuning engines according to manufacturer specifications.  Minimizing engine idle time, particularly during smog season (May-October).  Install sandbags or other erosion control measures to prevent silt runoff to public roadways with a slope greater than 1 percent.  Limit speeds on unpaved surfaces to 15 mph.  Maintain all construction equipment in proper tune according to manufacturer’s specifications  Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel.  All on- and off-road diesel equipment shall not idle for more than 5 minutes.  Electrify equipment when possible.  Substitute gasoline-powered in place of diesel-powered equipment when feasible.  Use alternatively fueled construction equipment on site where feasible. 4. Biological Resources Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X Initial Study/Mitigated Negative Declaration Page 15 Berry Creek Rancheria LOAPUD Annexation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Setting Natural habitats present at the site include herbaceous rudural (non-native annual and perennial forbs), and blue oak and gray pine woodlands. The dominant tree species on site are blue oak (Quercus douglasii), gray pine (Pinus sabiniana), and scattered interior live-oak (Quercus wislizenii). Shrub and herbaceous cover consisted of buck brush (Ceanothus cuneatus), poison oak (Toxicodendron diversilobum), coyote brush (Baccharis pilularis), mugwort (Artemisia douglasiana) and coffeeberry (Rhamnus californica). Groundcover species included Italian ryegrass (Festuca perennis), slender oat (Avena barbata), and many other non-native species. As part of the 2013 EA, a general survey for listed and proposed species was conducted on April 29 to 30, 2013 by United States Fish and Wildlife Service (USFWS) certified biologist, Gary Lester, from LACO Associates. Of the species known to occur in or around the Oroville United States Geological Survey (USGS) 7.5 minute quadrangle, no candidate, proposed, threatened, or endangered species under the federal Endangered Species Act (ESA) are known at the proposed project site. Discussion a) Less Than Significant With Mitigation The proposed annexation site supports a diverse wildlife population, particularly in regards to avian species. Suitable habitat is present for nesting, rearing, foraging, roosting, and concealment. All project activities will be conducted in compliance with the federal Migratory Bird Treaty Act (MBTA) and Fish and Game Code § 3503 and 3503.5, but the potential remains for the site to provide suitable habitat for migratory birds and raptors. Mitigation Measure Biological Resources-1 would reduce the potential for construction related impacts to nesting raptors and migratory birds to Less Than Significant With Mitigation. b,d) Less Than Significant The annexation and construction of utilities will not impact riparian habitat or sensitive natural communities, or interfere substantially with the movement of any native resident or migratory fish or wildlife species. Impacts to these resources would be considered Less Than Significant. c) No Impact Previous surveys of the site examined for evidence of wetlands and based on the field reviews conducted on April 29 and April 30, 2013 no jurisdictional wetland areas were noted within the proposed project area. Therefore, the project will have No Impact to wetlands protected by Section 404 of the Clean Water Act. Initial Study/Mitigated Negative Declaration Page 16 Berry Creek Rancheria LOAPUD Annexation e-f) No Impact The annexation will not conflict with any local policies or ordinances protecting biological resources. Therefore, there is No Impact. Mitigation Mitigation Measure Biological Resources-1: If utility construction is scheduled to occur during the breeding season (March 1-August 31) pre-construction surveys of the project site will be conducted by a qualified biologist to identify nesting raptors and birds protected by the MBTA within 100-feet of the project area. The survey shall be conducted no more than 15 days prior to any site disturbing activities including vegetation removal or grading. If nesting raptors or birds are found during the survey, impacts will be avoided by establishment of no disturbance buffers zone around the nest that are sufficient to ensure breeding is not likely to be disrupted or adversely impacted by construction activities. No construction will occur in the buffer zone until a qualified biologist confirms the nest is no longer active. If no nests are identified, no additional mitigation would be necessary. 5. Cultural Resources Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in California Code of Regulations, Section 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CA Code of Regulations, §15064.5? X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X Setting As part of the 2013 EA, a cultural resource assessment was conducted for the proposed project site. The cultural resources assessment included an archeological records search and a field survey of the entire site. The Tyme Maidu Tribe of the Berry Creek Rancheria, based on two cultural resource surveys, personal knowledge of the site, and elder recollections, confirmed that the proposed project does not impact any known sacred, religious, or geographic sites: burial grounds; religious practices; or artifacts. The cultural resources assessment was conducted by Cal Heritage on April 29 through April 30, 2013, at the proposed project site. No prehistoric resources were discovered on the subject property. One historic resource was discovered as a result of the cultural/archaeological resources investigation. A 950-foot segment of a water conveyance system was identified on the property. The historic site is located on the upland area of the project site and is not in the areas Initial Study/Mitigated Negative Declaration Page 17 Berry Creek Rancheria LOAPUD Annexation contemplated for future housing. In addition, the water conveyance system is likely not eligible for inclusion into the National Register of Historic Places (NRHP). Discussion a-d) Less Than Significant With Mitigation Although one cultural resource was found on-site, it is not eligible for inclusion in the NRHP, nor will it be impacted by site development, as the area will be avoided. No other known cultural resources exist at the site. There is a potential that site-disturbing activities associated with construction of sewer utilities could uncover previously unrecorded cultural resources. In the event that cultural resources are encountered on the project site during ground disturbing activities work in the vicinity will be halted immediately. Mitigation Measure Cultural Resources-1 would minimize the potential damage to previously unknown cultural resources in the event such resources are unearthed during construction and reduce this potential impact to a level that is Less Than Significant With Mitigation. Mitigation Mitigation Measure Cultural Resources-1: In the event that any prehistoric, historic, or paleontological resources are discovered during the course of construction related earth moving activities, all work will within 50 feet of the resource will be halted immediately. The Tribe will consult with a qualified archeologist, who meets the standards of the Department of Interior, and the BIA Regional Archeologist, to assess the significance of the find. If any find is determined to be significant by the qualified archeologist and the BIA Regional Archaeologist, then representatives from the Tribe will meet to determine the appropriate course of action. 6. Geology and Soils Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i.) Rupture of a known earthquake fault, as delineated on the Alquist-Priolo Earthquake Fault Zoning Map for the area or based on other substantial evidence of a known fault? X ii.) Strong seismic ground shaking? X iii.) Seismic-related ground failure/liquefaction? X iv.) Landslides? X b) Substantial soil erosion or the loss of topsoil? X c) Located on a geologic unit or soil that is unstable, or would become unstable as a result of the project, and potentially result in landslide, lateral spreading, subsidence, liquefaction or collapse? X Initial Study/Mitigated Negative Declaration Page 18 Berry Creek Rancheria LOAPUD Annexation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X Setting The Cleveland Hill fault is the only known active fault in Butte County. It is located east of the City of Oroville, running in a north-south direction, with the inferred fault lying directly underneath Lake Oroville. On August 1, 1975 a 5.7 magnitude earthquake and aftershocks occurred on the Cleveland Hills fault, moderate to severe ground shaking was experienced in Oroville with considerable structural damage. Ground displacement occurred along a relatively short segment of the fault approximately five miles to the southeast of the Rancheria. The proposed project area could experience “Fairly Strong” to “Strong” ground shaking in the event of an earthquake along the Cleveland Hills fault. Studies of lineaments from Skylab photography, topography, and the earthquake focal coordinate plane indicate the fault could be 11 to 15 miles long with a maximum credible earthquake of 6.5 to 6.7 Richter. The proposed project area is located within an Alquist-Priolo special study zone classified by the California Department of Mines and Geology (CDMG) in CDMG Special Publication No. 42. Discussion a) Less Than Significant a) i-ii. The proposed annexation site would be subject to ground shaking if a seismic event were to occur. All project related utilities are being designed per the California Building Code (CBC). Incorporation of best engineering practices into design specification would make this impact Less Than Significant. a) iii. Soil liquefaction occurs when ground shaking from an earthquake causes a sediment layer saturated with groundwater to lose strength and take on characteristics of a fluid, becoming like quicksand. The loss of soil strength can result in slope instability, increased lateral pressure on retaining walls, or incapability of soil to support foundation loads. Loose sands, peats, uncompacted fill, and Holocene age deposits are most susceptible to liquefaction, clay soils deposited in freshwater environments and sediments deposited prior to the Holocene period are generally stable under seismic ground shaking. Incorporation of best engineering practices into design specifications would make this impact Less Than Significant a) iv The annexation site is gently sloping and any off-site landslides would not affect the project site. Thus, there would be No Impact. Initial Study/Mitigated Negative Declaration Page 19 Berry Creek Rancheria LOAPUD Annexation b) Less Than Significant The proposed project will consist of grading, excavation, and additional earthmoving activities that have the potential to cause erosion on the project site. Localized soil loss from wind and water erosion during grading and trenching could occur. The topography of the site is gently sloping and substantial erosion is not expected to occur. Standard BMPs will be implemented to reduce sedimentation that could be produced from construction related activities. Therefore, the impact would be Less Than Significant. c) Less Than Significant The proposed annexation site consists of Thompson Flat loam and Dunstone/Loafer Complex. The Thompson Flat loam consists of deep, moderately well drained soils, with low to high runoff, and moderately rapid to rapid saturated hydraulic conductivity. The Dunstone/Loafer Complex consists of shallow, well drained soils, with a very high runoff, and a moderate to moderately rapid saturated hydraulic conductivity. Sewer utilities are being designed per the CBC. Incorporation of best engineering practices into design specification would make this impact Less Than Significant. d) Less Than Significant All annexation related sewer utilities are being designed per the CBC and best engineering practices, which includes specifications to reduce the effects from geologic hazards such as soil expansion. Therefore, this impact would be Less Than Significant. e) Less Than Significant The annexation into LOAPUD will allow the District to provide wastewater collection and sewer treatment services to the site. Onsite septic systems or alternative wastewater disposal is not proposed. Therefore, this impact would be Less Than Significant. Mitigation None Required. 7. Greenhouse Gas Emissions Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Generate greenhouse gas emissions, directly or indirectly, that may have a significant impact on the environment? X b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? X Initial Study/Mitigated Negative Declaration Page 20 Berry Creek Rancheria LOAPUD Annexation Setting In 2010, residents and businesses in the City of Oroville generated approximately 163,000 metric tons of carbon dioxide equivalents (MtCO₂e). This accounted for a small percentage of the state’s total emissions in the same year. Transportation represents the largest source of emissions in the city, with building energy consumption (electrical and natural gas) being the second largest component. Equipment usage makes up only a small portion of the total emissions inventoried in 2010. Butte County adopted the Butte County Climate Action Plan in February 2014 with a goal of reducing countywide greenhouse gas emissions generated within the unincorporated county by 15% below 2006 levels by 2020. Discussion a) Less Than Significant Annexation of the site does not result in GHG emissions. The proposed sewer utility construction would comply with all applicable regulations, policies, and programs to minimize GHG emissions, and would therefore be Less Than Significant. b) No Impact The proposed project will not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. Mitigation None Required. Standard BMPs to minimize air quality impacts associated with the construction of sewer utilities will be implemented. Refer to Section 4.3, Air Quality. 8. Hazards and Hazardous Materials Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X Initial Study/Mitigated Negative Declaration Page 21 Berry Creek Rancheria LOAPUD Annexation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Setting Minor amounts of hazardous materials are required for maintenance and operation of the equipment that would be used for construction activities of the proposed project. The proposed project also includes a fuel station that would store gas and diesel fuel. All storage, handling, transportation, use, and disposal of hazardous or potentially hazardous materials would comply with all applicable regulations, policies, and programs administered by the EPA. Discussion a-c) Less Than Significant Construction activities would require limited, short-term handling of hazardous materials, such as fueling and servicing equipment on site with fuels and lubricating fluids and solvents. Any handling, transportation, use, or disposal of hazardous materials would comply with all applicable federal regulations administered by the EPA. Oroville Christian School is located approximately 0.16 miles away from the proposed project site. As previously stated, adherence with the applicable policies and programs of the jurisdictional federal agencies will ensure that any interaction with hazardous materials will occur in the safest possible manner, reducing the opportunity for the accidental release of hazardous materials into the environment. As such, the possibility of an accidental release of hazardous or potentially Initial Study/Mitigated Negative Declaration Page 22 Berry Creek Rancheria LOAPUD Annexation hazardous materials on the project affecting Oroville Christian School site is remote. Therefore, impacts associated with the handling of hazardous material within 0.25 miles of a school will be Less Than Significant d-h) No Impact The annexation site is not identified as a hazardous site at the local, state, or federal levels, including waste sites listed pursuant to Government Code Section 65962.5. The project is not located near a public or private airstrip, it will not result in a safety hazard for people working or residing in the area. The proposed project will not impair implementation or interfere with an adopted emergency response or evacuation plan. Onsite circulation patterns would ensure adequate access for emergency response situations. The proposed annexation and utilities construction will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. Mitigation 9. Hydrology and Water Quality Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X Initial Study/Mitigated Negative Declaration Page 23 Berry Creek Rancheria LOAPUD Annexation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? X f) Otherwise degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j) Inundation by seiche, tsunami, or mudflow? X Setting Butte County is part of the Sacramento River Basin watershed. A number of streams and rivers drain the slopes of the Cascades and Sierra Nevada mountains, eventually emptying into the Sacramento River on the valley floor. Generally surface water quality is good except for localized degradation as streams or rivers pass through urban areas. At the higher elevations of the foothills, ground water is not abundant and occurs in fracture zones. There are no major drainage channels located on the Rancheria and the project site. Discussion a) Less Than Significant Construction of sewer utilities will result in temporary soil disturbance and vegetation removal which could potentially impact water quality within the project site. Implementation of standard BMPs to reduce sedimentation that may be produced from construction related activities would reduce impacts to water quality standards or waste discharge requirements would be considered Less Than Significant. b) Less Than Significant The proposed annexation and utilities construction will not result in an increase in the overall quantity of impervious surfaces within the project vicinity. Therefore, there are No Impacts. Initial Study/Mitigated Negative Declaration Page 24 Berry Creek Rancheria LOAPUD Annexation c) Less Than Significant Construction of sewer utilities would temporarily alter the existing drainage pattern and could result in erosion or siltation during a rain event. Implementation of stanard BMPs would reduce this impact to Less Than Significant. d) Less Than Significant Construction of sewer utilities would not permanently alter existing drainage patterns such that new flooding would occur on or off-site; this impact would be Less Than Significant. e) Less Than Significant The proposed annexation and utility construction would not exceed the capacity of stormwater drainage systems. The impact would be considered Less Than Significant. f) Less Than Significant Water quality impacts associated with the proposed project are addressed in questions (a), (c), and (e) above. No other water quality impacts would occur. Impacts would be Less Than Significant. g-j) No Impact The proposed project is the annexation of the property and associated sewer utilities. The project is not within a 100-year flood hazard area, and would not impede or redirect flood flows, expose people or structures to significant loss, injury, or death involving flooding as a result of a dam or levee failure, nor will the proposed project be inundated by seiche, tsunami, or mudflows. Mitigation None Required. 10. Land Use and Planning Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Initial Study/Mitigated Negative Declaration Page 25 Berry Creek Rancheria LOAPUD Annexation Setting The land where the proposed project is located has been accepted into “Tribal Trust” status, where the Federal government holds legal title but the beneficial interest remains with the Tribe. The BIA has applied the 25 CFR provisions to the project area. Under 25 CFR, Subchapter A- Procedures; Practice, Section 1.4, State and local regulation of the use of Indian property states: (a) Except as provided in paragraph (b) of this section, none of the laws, ordinances, codes, resolutions, rules or other regulations of any State or political subdivision thereof limiting, zoning or otherwise governing , regulating, or controlling use or development of any real or personal property, including water rights, shall be applicable to any such property leased from or held or used under agreement with and belonging to any Indian or Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States. (b) The Secretary of the Interior or his authorized representative may in specific cases or in specific geographic areas adopt or make applicable to Indian lands all or any part of such laws, ordinances, codes, resolutions, rules or other regulations referred to in paragraph (a) of this section as he shall determine to be in the best interest of the Indian owner or owners in achieving the highest and best use of such property. In determining whether, or to what extent, such laws, ordinances, codes, resolutions, rules or other regulations shall be adopted or made applicable, the Secretary or his authorized representative may consult with the Indian owner or owners and may consider the use of, and restrictions or limitations on the use of, other property in the vicinity, and such other factors as he shall deem appropriate. The Tribe’s land use goals for the project site are dependent upon sewer service provided by LOAPUD. The project site requires annexation into the LOAPUD service area, and thus is subject to LAFCO review and approval. LAFCO approval is required for LOAPUD to serve subsequent land development. Discussion a-b) Less Than Significant The proposed annexation would not physically divide an established community nor would it conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect. c) No Impact The proposed annexation would not conflict with any habitat conservation plan or natural community conservation plan. Mitigation None Required. Initial Study/Mitigated Negative Declaration Page 26 Berry Creek Rancheria LOAPUD Annexation 11. Mineral Resources Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally- important mineral resource recovery site on a local general plan, specific plan or other land use plan? X Setting Mining activities within Butte County focus on sand and gravel, however, other mineral resources have been or are currently extracted in Butte County. Currently, sand and gravel mining plays the greatest role in the County’s economy. Conflicts between mining and urban development lead to the passage of the Surface Mining and Reclamation Act of 1975 (SMARA). This act establishes policies for conservation and development of mineral lands and contains provisions for the classification of mineral lands by the State Geologist. The California Geological Survey (CGS) maintains an Index of Publications of the SMARA Mineral Land Classification Project Dealing with Mineral Resources in California. The index provides a list by County of Special Reports and Open File Reports prepared by CGS Division of Mines and Geology that provide the basis for determining mineral resource zone classifications. The SMARA Index shows one special report and one open file report located near Oroville but well outside of the proposed project area. Special Report 218 (SR 218) documents the classification of the Power House Aggregate Project Site, Butte County, California-For Construction Aggregate (CGS/CDMG 2010) and Open File Report 94-01, discusses the Mineral Land Classification of the Green Rock Quarries Oroville Plant No. 1 Property, Oroville Quadrangle, Butte County, California, for Railroad Ballast. Discussion a-b) No Impact There are no known mineral resources of local, regional, or national importance located on the proposed annexation site. The proposed annexation and sewer utilities would not result in the loss of availability of a known mineral resource that would be of value to the region or residents or a locally important mineral resource recovery site on a local general plan, specific plan, or other land use plan. Mitigation None Required. Initial Study/Mitigated Negative Declaration Page 27 Berry Creek Rancheria LOAPUD Annexation 12. Noise Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Setting Sound is mechanical energy transmitted by pressure waves through a medium such as air. Noise is the term given to intrusive, unwanted aspects of sound. Excessive noise can negatively affect the physiological and psychological well-being of individuals or communities. Sound is characterized by the rate of oscillation of sound waves (frequency), which is experienced as a sound’s pitch, the speed of propagation, and the pressure level or energy content (amplitude), which we experience as a sound’s loudness. Amplitude is measured in decibels (dB), with zero dB corresponding roughly to the threshold of human hearing, and 120 to 140 dB corresponding to the threshold of pain. Most sound consists of a complex mixture of frequencies varying in levels of amplitude. Given that the typical human ear is not equally sensitive to all frequencies of the audible sound spectrum, when assessing potential noise impacts, sound is measured using an electronic filter that de-emphasizes low and extremely high frequencies, referred to as A-weighting, and is expressed in units of A- weighted decibels (dBA). Vibration is an oscillatory motion through a solid medium in which the motion’s amplitude can be described in terms of displacement, velocity, or acceleration. Several different methods are used to quantify vibration. The peak particle velocity (PPV) is defined as the maximum instantaneous peak of the vibration signal and is expressed in terms of inches per second. The PPV is most frequently used to describe physical vibration impacts on buildings. Typically, groundborne vibration generated by human activities attenuates rapidly with distance from the source of the vibration. Initial Study/Mitigated Negative Declaration Page 28 Berry Creek Rancheria LOAPUD Annexation Sensitive receptors to vibration include structures, people (such as residents, the elderly, and sick people), and vibration-sensitive equipment. Discussion a-d) Less Than Significant The proposed annexation would not result in the creation of noise. Temporary noise would be generated as a result of construction of sewer utilities. Construction activities would comply with all applicable federal regulations regarding noise attenuation and ensure all engine driven equipment would be fitted with proper mufflers. Construction noise and vibration would be temporary in nature, and the operation of construction equipment would be intermittent throughout the day during construction activities. Both temporary and permanent increases to ambient noise levels resulting from the proposed project would be considered Less Than Significant. e-f) No Impact The proposed annexation site is not located within an airport land use plan or within two miles of a public or private airport and will not expose people in the project area to excessive noise levels. Mitigation None Required. 13. Population and Housing Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Initial Study/Mitigated Negative Declaration Page 29 Berry Creek Rancheria LOAPUD Annexation Setting The Berry Creek Rancheria is located within the City of Oroville Sphere of Influence (SOI), the approximate population of the Greater Oroville Area is approximately 55,000. The approximate population within Butte County is 225,000. No residences are currently located within the annexation site, however the proposed project would include annexation into LOAPUD that would allow for sewer service for the construction of 42 new residential units, a RV Park with approximately 80 spaces, and a gas station. Lands within the Rancheria are held in common for the benefit of member of the Tribe and are not individually owned. Land on the Rancheria is leased to members for housing, future growth beyond the 42 new residences would be controlled by tribal law. A few permanent jobs will be created by the future development, these positions would likely be filled by trained Tribal members. Therefore, it is not expected that non-tribal members will travel to the area seeking employment. Discussion a-c) Less Than Significant The proposed annexation would not induce a substantial population growth, nor would it displace people or housing. The proposed project consists of annexing an undeveloped parcel to accommodate connection of wastewater sewer facilities to the site and subsequent development by the Rancheria of 42 residential units, a RV park, and a gas station. The project will not displace existing housing or people. Project impacts to population and housing are therefore considered to be Less Than Significant. Mitigation None Required. 14. Public Services Would the project: result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Fire protection? X b) Police protection? X c) Schools? X d) Parks? X e) Other public facilities? X Initial Study/Mitigated Negative Declaration Page 30 Berry Creek Rancheria LOAPUD Annexation Setting The Berry Creek Rancheria is located within the City of Oroville SOI. The Oroville City Fire Department and Butte County Fire Department provide fire protection services for the Berry Creek Rancheria and the surrounding area. The Kelly Ridge Fire Station responds to most fire calls on the Rancheria due to its close proximity. Oroville City Fire Department is also capable of providing emergency fire response to the Rancheria under a mutual aid agreement with Butte County. Under the mutual aid agreement, they will provide a ladder truck capable of battling commercial building fires outside of the Oroville City limits. Butte County Sherriff’s Department provides police protection services within the unincorporated areas of Butte County, which includes all land holdings of the Berry Creek Rancheria. Response time is variable, depending on the location of staff and the nature of the emergency call. The California Highway Patrol provides a unique safety and patrol program on State Highway 162 directly adjacent to the Rancheria. The project site is within the Oroville City Elementary School District and the Oroville Union High School District. Wyandotte Avenue Elementary School (1.7 miles), Stanford Avenue Elementary School (1.5 miles), Ophir Elementary School (0.9 miles), Oroville Union High School (1.9 miles), and Los Plumas High School (2.1 miles) are located in the vicinity of the proposed project site. The proposed project site is a short distance away Loafer Creek Recreation Area and Kelly Ridge Recreation Area within the Lake Oroville State Recreation Area (LOSRA). Discussion a-e) Less Than Significant The area is currently served with necessary public services and the proposed annexation and utility construction would not substantially increase demand for services in the area. Impacts to police, fire, and other public services would be considered Less Than Significant. Mitigation None Required. 15. Recreation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X Initial Study/Mitigated Negative Declaration Page 31 Berry Creek Rancheria LOAPUD Annexation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Setting Gold Country Casino & Hotel is located adjacent to the proposed project site. The casino is open daily and offers gaming, entertainment, lodging and dining options to the public. In addition, the Rancheria is home to a large recreational sports field, a gymnasium, and a motocross track for residents of the Rancheria to use. The LOSRA is located near the project area, and contains a variety of facilities for public use including campgrounds, boat launches, hiking trails, etc. The recreation area provides a wide variety of outdoor activities include camping, boating, fishing, swimming, and hiking. Discussion a-b) No Impact The proposed project involves annexation of the parcels and connection of wastewater facilities. The proposed annexation and utilities construction does not involve expansion of creation of recreational facilities. There would be No Impact to recreation facilities. Mitigation None Required. 16. Traffic and Transportation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X Initial Study/Mitigated Negative Declaration Page 32 Berry Creek Rancheria LOAPUD Annexation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Setting The Berry Creek Rancheria and the proposed annexation site are located immediately south of SR 162. Olive Highway is a two-lane, state maintained roadway that links the Rancheria’s lands to the local transportation circulation system, as well as the regional transportation network. The functioning of a roadway segment or intersection is expressed as the Level of Service (LOS). LOS refers to the operational conditions within a traffic stream and the motorists’ perception in terms of freedom to maneuver, comfort, traffic interruptions, delay, safety, and convenience. LOS capacity conditions are designated from A to F, with “A” representing free-flow conditions and “F” representing a congested forced condition. The California Department of Transportation (Caltrans) is the governmental entity responsible for State Route 162. Caltrans uses the “Transportation Concept Report” (TCR) as the planning documents to define the need for various roads for which Caltrans has authority. The TCR for Olive Highway has established an LOS of “D” as the appropriate level. Meanwhile, the Butte County Association of Governments (BCAG) is the designated regional planning agency for Butte County. BCAG adopted the Congestion Management Plan and found the section of Olive Highway adjacent to the proposed project site was operating at an LOS “C”. The Berry Creek Rancheria has developed a traffic safety campaign through a unique collaborative agreement with the California Highway Patrol. The goal of the safety campaign is to reduce the risk of traffic accidents at the intersection of Olive Highway and Tyme Way. The Rancheria has made a Initial Study/Mitigated Negative Declaration Page 33 Berry Creek Rancheria LOAPUD Annexation number of substantial roadway improvements along State Highway 162 including installation of a traffic signal. Discussion a-b,f) Less Than Significant The proposed annexation will not conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, nor will it conflict with an applicable congestion management program or adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities or safety of such facilities. c) No Impact The proposed annexation would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. There are no airports near the Rancheria. There will be No Impact. d-e) Less Than Significant The ultimate development of the project site with residential and recreational uses will not substantially increase hazards due to a design feature or create incompatible uses. The annexation and sewer utilities construction will not result in inadequate emergency access. Access to the site would be provided from Olive Highway. This impact is considered Less Than Significant. f) No Impact The proposed annexation will not conflict with any adopted policies, plans, or programs related to public transportation, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Mitigation None is Required. 17. Utilities and Service Systems Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Exceed wastewater treatment requirements of the applicable Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X Initial Study/Mitigated Negative Declaration Page 34 Berry Creek Rancheria LOAPUD Annexation Would the project: Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves/may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X Setting The proposed project involves extending wastewater service to the project area and the eventual construction of an RV park with 80 spaces, 2 restrooms, a market/gift shop and fuel station, and 42 new residential units. Wastewater services on the Rancheria is provided by the Lake Oroville Area Public Utility District (LOAPUD). Wastewater treatment for the project area is provided by the Sewage Commission-Oroville Region (SC-OR). SC-OR’s wastewater treatment plant (WWTP) has a design capacity of 6.5 million gallons per day. According to the Capacity Impact Study for Berry Creek Rancheria prepared for SC-OR by CH2M Hill (CH2M Hill, 2016, Appendix B), SC-OR has the capacity to support the proposed project at full buildout. Discussion a-g) Less Than Significant All utilities (water, storm drain, sewer, gas, phone, cable, and electrical facilities) are currently located on, adjacent to, or can be extended to the site and have available capacity to serve future development. Water South Feather Water and Power Agency (SFWPA) is the local water provider for the Rancheria. The major source for domestic water is Lake Oroville, only a few miles away from the proposed project site. According to a recent Municipal Service Review, SFWPA has expansion capability for future residential development and RV Park. Waterlines were previously extended to the gymnasium, which is located directly adjacent to the project site. Initial Study/Mitigated Negative Declaration Page 35 Berry Creek Rancheria LOAPUD Annexation Sewer Future development of the residential units and the RV Park would require connection to LOAPUD’s sewer system in accordance with their standards. Currently, the SC-OR WWTP has sufficient capacity to accommodate future development at full buildout, although service is provided on a first-come, first-served basis; the current Regional Facility Charge for connecting to the SC-OR system is sufficient to mitigate the Project’s impact on SC-OR’s capacity without construction of new facilities. Potential impacts associated with sewer treatment capacity are considered Less Than Significant. The annexation of the site would not result in increased solid waste. However, based on projections from the Butte County General Plan 2030, the Neal Road Landfill has the capacity to last through 2034 and could provide solid waste disposal for future development. This impact would be Less Than Significant. Mitigation None Required. Initial Study/Mitigated Negative Declaration Page 36 Berry Creek Rancheria LOAPUD Annexation 5. Mandatory Findings of Significance Mandatory Findings of Significance Potentially Significant Less Than Significant With Mitigation Less Than Significant No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Discussion a-c) Less Than Significant The proposed annexation and construction of sewer utilities does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Based on the preceding environmental analysis, the application of existing federal regulations and incorporation of identified mitigation measures will ensure that all potentially significant environmental impacts associated with the annexation and reasonably foreseeable development, including those related to biological resources, cultural resources, and air quality would be minimized or avoided, and the project will not result in direct or indirect adverse effects on humans or the environment, nor result in significant cumulative impacts. Therefore, with the incorporation of the identified mitigation measures, the project will result in a Less Than Significant impact. Initial Study/Mitigated Negative Declaration Page 37 Berry Creek Rancheria LOAPUD Annexation 6. Preparers and References Report Preparation NorthStar Engineering Kamie Loeser, Senior Environmental Planner Matt Rogers, Assistant Biologist References Butte County General Plan 2030. 2010. Butte County General Plan. Adopted October 26, 2010. Butte County Air Quality Management District. Draft CEQA Air Quality Handbook. October 23, 2014. California Air Resources Board. Area Designation Maps/State and National. www.arb.ca.gov/desig/adm/adm.htm California Department of Conservation. California Important Farmland Finder. maps.conservation.ca.gov/ciff/ciff.htm California Department of Conservation. Fault Activity Map of California. maps.conservation.ca.gov.cgs/fam/ California Department of Toxic Substances Control. Hazardous Waste and Substances Site List. www.envirostor.dtsc.ca.gov/public/ California Emissions Estimator Model. CALEEMOD v2013.2.2 Climate Action Plan-Butte County Climate Action Plan. PMC. 2014. Climate Action Plan-City of Oroville Community Climate Action Plan. ICF International. 2015. CH2M Hill, 2016. SC-OR Capacity Impact Study for Berry Creek Rancheria. January 27, 2016. Environmental Assessment-Conveyance of 56.79 Acres of Fee Property to Federal Trust, Berry Creek Rancheria. LACO. 2013. NRCS. 2006. Soil Survey of Butte Area, California, Parts of Butte and Plumas Counties. Natural Resources Conservation Service. United States Census Bureau. QuickFacts Butte County, California. www.census.gov/quickfacts/table/PST045215/06007 Initial Study/Mitigated Negative Declaration Page 38 Berry Creek Rancheria LOAPUD Annexation 6. Acronyms and Abbreviations Agencies, Boards, Commissions, Districts: BCAQMD ................................................................................... Butte County Air Quality Management District BIA ........................................................................................................................................... Bureau of Indian Affairs BCAG ................................................................................................... Butte County Association of Governments Caltrans ................................................................................................ California Department of Transportation CARB ......................................................................................................................... California Air Resources Board CDMG ............................................................................................ California Department of Mines and Geology CEQ ...................................................................................................................... Council on Environmental Quality CGS ................................................................................................................................... California Geological Survey DOC ................................................................................................................................. Department of Conservation EPA ...................................................................................................................... Environmental Protection Agency FEMA ..................................................................................................... Federal Emergency Management Agency LOAPUD ................................................................................................ Lake Oroville Area Public Utility District LOSRA ............................................................................................................. Lake Oroville State Recreation Area SC-OR .............................................................................................................Sewage Commission Oroville Region SFWPA ................................................................................................... South Feather Water and Power Agency USGS ........................................................................................................................ United States Geological Survey USFWS ...................................................................................................... United States Fish and Wildlife Service Guidelines, Policies, Programs, Regulations: BMPs ................................................................................................................................ Best Management Practices CCA .................................................................................................................................................................. Clean Air Act ESA ........................................................................................................................................... Endangered Species Act MTBA .................................................................................................................................. Migratory Bird Treaty Act NAAQS .................................................................................................... National Ambient Air Quality Standards NPDES .................................................................................. National Pollutant Discharge Elimination System Section 65962.5 ........................................................................................................................................... Cortese List SMARA .......................................................................................... Surface Mining and Reclamation Act of 1975 SOI ...................................................................................................................................................... Sphere of Influence SWPPP ..................................................................................................... Storm Water Pollution Prevention Plan Williamson Act ................................................................................. California Land Conservation Act of 1965 Miscellaneous: dBA .................................................................................................................................................... A-weighted decibel dB ......................................................................................................................................................................... Decibel(s) LOS ............................................................................................................................................................ Level of Service PM10 / 2.5 ........................................................................................ Particulate Matter less than 10 / 2.5 Microns PPV ............................................................................................................................................... Peak Partical Velocity WWTP .......................................................................................................................... Wastewater Treatment Plant APPENDICES Appendix A LAFCO Exhibit Appendix B SC-OR Capacity Impact Study for Berry Creek Rancheria