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HomeMy WebLinkAboutMINUTES - 03091993 - WC.4 WCA TO: BOARD OF SUPERVISORS : �.. j Contra Costa FROM: WATER COMMITTEE County SUPERVISOR SUNNE WRIGHT McPEAK, CHAIR SUPERVISOR TOM TORLAKSON DATE: MARCH 9, 1993 SUBJECT: REPORTS ON DRAFT WETLAND PRESERVATION ORDINANCE; CALIFORNIA-OREGON TRANSMISSION PROJECT WETLANDS MITIGATION SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Direct the Community Development Department to work with the community Wetlands Ordinance Drafting Committee on protection of (significant) wetland areas containing three parameters; (soils, vegetation and hydrology) as part of wetlands regulation; and address wetlands-related habitat through the California Environmental Quality Act (CEQA) . Provide a revised draft wetlands preservation ordinance to the Water Committee within 60 days. 2 . Authorize Chair to sign a letter to the Western Area Power Administration encouraging efforts to acquire land in Contra Costa County for wetlands mitigation, and indicating import of levee maintenance responsibility. BACKGROUND/REASONS FOR RECOMMENDATIONS 1. The County has been working on a draft wetlands preservation ordinance for some time. As expected, aspects of the ordinance, particularly the wetlands definition (contained in the County General Plan) and mitigation requirements have caused a great deal of controversy. On February 2 , 1993 the CONTINUED ON ATTACHMENT: YES RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): OWL / Supervisor Sunne W. McPeak, Chair Supervisor Tom Torlakson ACTION OF BOARD ON /.f f APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (510/646-2071) ATTESTED__ 1 9 , /9 cc: Community Development Dept. (CDD) PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR RG:gms BY , DEPUTY wag:\bo\Wet1Pres.3-9 Draft Wetlands Preservation Ordinance; California-Oregon Transmission Project Continued - Page Two Board sanctioned formation of a informal community committee to review the proposed draft ordinance and make recommendations, with emphasis on the above items. The Committee has met several times, and reviewed a range of options related to scope of the ordinance, from no County regulation, to full County regulation of a broad array of wetland areas. The County wetlands definition calls for one of three parameters (i.e. soils, vegetation and hydrology) to be present, as opposed to the Corps regulation of three parameter areas. The ordinance drafting committee and County staff provided a report to the Water Committee outlining alternative 3 as the only alternative where tentative group consensus was achieved. Alternative 3 outlines a methodology whereby wetland areas exhibiting 3 parameters would be determined to be potentially significant, and thereby regulated at the local level. In addition, wetlands-related habitat (i.e. one and two parameter . areas) would be addressed through the CEQA process. A great deal of additional work needs to be done prior to revised draft ordinance preparation, therefore some endorsement was required by the Water Committee and the Board. 2. At the request of the Board, mitigation for California-Oregon Transmission Project impacts within the County will be mitigated here also. The Water Committee has learned that the Western Area Power Administration (WAPA) is currently pursuing a purchase of 1200 acres on Palm Tract, in the east County area. Currently, final negotiations are on-going between WAPA and the Department of Fish and Game on a Conservation easement and Management Plan. WAPA plans to begin escrow on this property in March 1993 . The Water Committee wishes to encourage this effort, and insure that levee maintenance responsibility remains a priority, for water quality considerations as well as continued habitat value. RG:gms wa2Abo\We9Prca.3-9 MEMORANDUM TO: Water Committee FROM: Wetlands Ordinance Drafting Committee DATE: February 26, 1993 RE: Draft Wetlands Preservation Ordinance The Drafting Committee has reviewed the following five alternatives, and has achieved a tentative consensus on Alternate 3. Basic Alternatives The Committee delineated five basic alternatives on County wetlands regulation. Alternate 1. No County regulation of wetlands. Leave regulation of wetlands to the existing Federal and state agencies. Alternate 2. Regulate wetlands exhibiting three parameters (hydrology, soils and vegetation) but not one or two parame- ter (USFWS definition) wetlands, either: a. By amending the General Plan to change its definition to the three parameter one; or b. By leaving the General Plan as is, and having the ordinance just regulate three parameter wetlands. Alternate 3. Regulate three parameter wetlands as poten- tially significant wetlands, and regulate wetlands-related habitat areas, thereby reaching one and two parameter wet- lands with significant ecological values. Alternate 4. Regulate all wetlands within the broader one parameter definition, but differentiate between three parame— ter wetlands and other wetlands in the level of required mitigation. Alternate 5. Fully regulate all wetlands within the broader one parameter definition, and require extensive mitigation for all of them. The Drafting Committee was able to reach a tentative consensus on Alternative 3, which is described more fully below. If this alternative 3 is acceptable in principle to you, the Drafting Committee will revise the draft ordinance accordingly for your next meeting. Wetlands and Habitat (Alt. 3) . Under this alternative, the ordinance would regulate 3 parameter wetlands as potentially significant wetlands. It would also review nearby wetland-related habitat areas through the CEQA process, thereby reaching the ecologically significant one and two parameter wetlands, but not by defining them as "wetlands" . The applicant would be required to have a qualified consultant prepare a standard three parameter wetlands delineation acceptable to the Corps of Engineers when the initial study (required by CEQA) determined the possibility of potentially significant (three parameter) wetlands. This delineation would include an assessment (extent, function and value) of the significance of the three-parameter wetlands. In addition to the wetlands delineation, a biological assess- ment of adjacent wetland-related habitat (and the habitat values of the three parameter wetlands) would also be re- quired under CEQA. This assessment would satisfy CEQA requirements, and could be conducted simultaneously with the wetlands delineation by the same consultant or another consultant. The atlas and report earlier prepared by Botanical Research Associates would be used (along with other County records) during the initial study to determine whether a wetlands assessment should be conducted, and to help identify areas suitable for acquisition or restoration on a voluntary basis as part of the Comprehensive Program. The atlas and report would not be used to delineate the presence or absence of wetlands. Not all three parameter wetlands will necessarily be significant. Relative significance will be determined by the assessment, based on extent, function and value. The Draft- ing Committee must still develop further what "significant" means in this context, including parameters for assessment of extent, function and value. During the customary project review process, the County would require mitigation of the significant three parameter wtlaaa..l 01/00/00 Wetlands Ordinance Drafting Committee February 26, 1993 Page 3 wetlands. The appropriate form of mitigation would be driven in the first instance by the requirements of the Corps of Engineers, but presumably there would be room for County policy also. The Drafting Committee must still develop proposed County mitigation policies for your consideration. This approach gives the County the option of regulating three parameter wetlands when the Corps lacks legal authority over them. In addition, the County would review the wetland- related habitat areas under the customary CEQA process, requiring mitigation of significant impacts where warranted, etc. , based on the specific site assessment of function and • value. There are a number of issues associated with this alternative three which need further development by the Drafting Committee. Two of them have already been mentioned above: determining significance and the appropriate forms of mitigation. Other areas requiring further development include the appropriate exemptions and integration with the CEQA process. Mitigation banking and long-term wetland management issues also need to be examined. Conclusion Alternative three meets Water Committee concerns with regard to protection of significant wetland areas, and furthers the Water Committee's interest in viewing wetlands from a habitat perspective, rather than exclusively a wet- lands viewpoint. Alternative three also avoids the confusion which would be caused by the County having adopted a differ- ent "wetlands" definition than the Corps. It enables the County to use the same methodology for wetlands delineation as that employed by the Corps, which is more fully defined, easier to implement and more legally recognized than the more problematic USFWS methodology. The provisions for wetland- related habitat areas help achieve protection for the ecolog- ically significant one and two parameter wetlands and bridge the gap between the General Plan definition and the Corps definition. Recommendation Adopt alternative three in-principle, and request the Wetlands Ordinance Committee to work with staff in developing a revised draft ordinance incorporating alternative three. of/00/00 The Board of Supervisors Contra CeFrk(ftthehBoard and County Administration Building Costa County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers.1st District Jeff Smith,2nd District s t Gayle Bishop,3rd District •�-!. •_ ��; Sunne Wright MoPeak 4th District ':r � ,• Tom Torlakson,5th District - R ( �'6 V E l ms. t� 93 r March 9, 1993 - ---- ;dicRK B '•:;D 0�=�UPEFtVISORSI Mr. Jim Feider U.S. Department of Energy Western Area Power Administration 1825 Bell Street Sacramento, CA 95825 Dear Mr. Feider: Today the Contra Costa County Board of Supervisors authorized this letter in order to commend the Western Area Power Administration (WAPA) on efforts to mitigate waterfowl impacts of the California-Oregon Transmission Project within Contra Costa County. The Board looks forward to the conclusion of WAPA efforts at securing land on Palm Tract and resultant mitigation plan management and conservation easement agreements currently underway with the Department of Fish and Game. The County looks forward to the addition of this area to existing Delta habitat. The Board also wishes to communicate the need for a responsible levee maintenance program to occur with establishment of this mitigation area and purchase of this property. Levee stability is not only important to maintenance of habitat as part of this mitigation program, but it is critical to water quality in the Delta itself. In the past, flooding of Delta islands has resulted in a worsening of the water quality to such a degree that, in some circumstances, water cannot even be used for drinking purposes due to increased salinity. The levees have a critical function in maintenance of water quality by preventing salinity intrusion much deeper into the Delta. The Board requests that a strong levee maintenance program be included in the management program, the conservation easement, or any other agreements. The Board looks forward to land acquisition, as well as final agreements culminating in a responsible waterfowl management plan for this area. If you have any questions, please contact Roberta Goulart at (510) 646-2071. Sincerely yours, Tom Torlakson, Chair Contra Costa County Board of Supervisors RG:gms wet:WAPA&C•O.le cc: Earl Nelson, Planning Coordinator, WAPA