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MMRP 4.0

Final Environmental Impact Report –Golf Resort at Lake Oroville 4.0-1

This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Golf Resort at

Lake Oroville (proposed project). This MMRP has been prepared pursuant to Section 21081.6 of

the California Public Resources Code, which requires public agencies to “adopt a reporting and

monitoring program for the changes made to the project or conditions of project approval,

adopted in order to mitigate or avoid significant effects on the environment.” An MMRP is

required for the proposed project because the EIR has identified significant adverse impacts, and

measures have been identified to mitigate those impacts.

The numbering of the individual mitigation measures follows the numbering sequence as found in

the Draft EIR.

4.1 MITIGATION MONITORING AND REPORTING PROGRAM The MMRP, as outlined in the following table, describes mitigation timing, monitoring

responsibilities, and compliance verification responsibility for all mitigation measures identified in

the EIR.

The MMRP is presented in tabular form on the following pages. The components of the MMRP are

described briefly below:

Mitigation Measures: The mitigation measures are taken from the EIR in the same order

that they appear in the EIR.

Mitigation Timing: Identifies at which stage of the project mitigation must be completed.

Monitoring Responsibility: Identifies the agency that is responsible for mitigation

monitoring.

Compliance Verification: This is a space that is available for the monitor to date and initial

when the monitoring took place.

4.0 MMRP

4.0-2 Final Environmental Impact Report –Golf Resort at Lake Oroville

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MMRP 4.0


TABLE 4.0-1: MITIGATION MONITORING AND REPORTING PROGRAM

IMPACT MITIGATION MEASURE MONITORING

RESPONSIBILITY TIMING

VERIFICATION

(DATE/INITIALS)

Aesthetics

Impact 3.1-1: Potential to result in substantial adverse effects on scenic vistas or substantially damage scenic resources within a State Scenic Highway

Mitigation Measure 3.1-1: The project proponent shall maximize the use of the existing topography, trees, and vegetation on the project site to provide partial shelter, or full shelter if possible, of all structures within view of Lake Oroville, SR 162, and Forbestown Road. Structures within view include the following: nine golf cottage units, thirty-six lodge units, three executive cottage units, the main hotel building, and the wellness center building. All structures that are sited in areas without existing mature trees available to partially shelter views shall require landscaping that includes planting a minimum of three mature trees, not less than 36” box, of a species that is consistent with the native trees within the landscape. All structures shall be single story buildings of a height not more than 28 feet tall, unless the structure can be fully sheltered from view of Lake Oroville, SR 162, and Forbestown Road.

Butte County Development Services

Prior to Building and Landscaping Plan Approval

Impact 3.1-3: Project implementation may result in light and glare impacts

Mitigation Measure 3.1-2: Prior to the issuance of a building permit for project site facilities, or other approval for offsite infrastructure, the project proponent shall prepare a Lighting Management Plan that demonstrates that all architectural and lighting plans, including plans for the offsite infrastructure, will minimize the potential to result in light and/or glare. The Lighting Management Plan shall include the following elements:

All exterior lighting shall be designed and located as to avoid intrusive effects on adjacent properties and undeveloped areas within the project site. Low-intensity street lighting and low-intensity exterior lighting shall be used throughout the development, as permitted by the Butte County Development Services Department. Lighting fixtures shall use shielding to prevent spill lighting on adjacent areas;

Design and placement of site lighting shall minimize glare affecting adjacent properties, buildings, and roadways by utilizing “cut-off” fixtures on all street and parking lot lighting;

All exterior lighting intended for security shall utilize motion sensors to reduce unnecessary usage, except where the lighting is required to maintain safety;


Prior to Building Permit

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VERIFICATION

(DATE/INITIALS)

Fixtures and standards shall conform to state and local safety and illumination requirements;

All trail and path lighting shall provide optimum public safety, while at the same time reducing nighttime light spillover and glare by designing and locating all trail and path lighting to avoid intrusive effects on adjacent properties and undeveloped areas within the project site. Low-intensity lighting shall be used for trail and path lighting, as permitted by the Butte County Development Services Department. Lighting fixtures shall use shielding to prevent spill lighting on adjacent areas;

Use minimally reflective glass and all other materials used on exterior building and structures shall be selected with attention to minimizing reflective glare.

Air Quality

Impact 3.3-1: Operational Impacts

Mitigation Measure 3.3-1: The project applicant shall implement the following standard measures as outlined in the BCAQMD CEQA Air Quality Handbook Guidelines for Assessing Air Quality Impacts For Projects Subject to CEQA Review:

Increase building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall or floor insulation, etc.).

Improvement of thermal efficiency of structures as appropriate by reducing thermal load with automated and timed temperature controls, or occupancy load limits.

Incorporate shade trees, adequate in number and proportional to the project size, throughout the project site to reduce building heating and cooling requirements.

Use fleet vehicles that run on clean-burning fuels as may be practicable.

Butte County Development Services and Butte County Air Quality Management District

Prior to Building Permit

Impact 3.3-2: Construction Impacts

Mitigation Measure 3.3-2: The project applicant shall implement the following specific mitigation measures to ensure adequate dust control. Compliance with the mitigation measures should minimize the potential for violations of District Rule 200, Nuisance and Rule 205 Fugitive Dust.

Butte County Development Services and Butte County Air Quality Management

During Construction

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VERIFICATION

(DATE/INITIALS)

Land Clearing/Earth Moving:

Water shall be applied by means of truck(s), hoses and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emission.

Haul vehicles transporting soil into or out of the property shall be covered. A water truck shall be on site at all times. Water shall be applied to disturbed areas a minimum of 2 times per day or more as necessary.

On-site vehicles limited to a speed which minimizes dust emissions on unpaved roads.

Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours.

The telephone number of the District shall also be visible to ensure compliance with District Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).

Visibly Dry Disturbed Soil Surface Areas:

All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emission.

Paved Road Track-Out:

Existing roads and streets adjacent to the project will be cleaned at least once per day unless conditions warrant a greater frequency.

Visibly Dry Disturbed Unpaved Roads:

All visibly dry disturbed unpaved roads surface areas of operation shall be watered to minimize dust emission.

Unpaved roads may be graveled to reduce dust emissions.

District

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VERIFICATION

(DATE/INITIALS)

A water truck shall be on site at all times. Water shall be applied to disturbed areas a minimum of 2 times per day or more as necessary.

On-site vehicles limited to a speed which minimizes dust emissions on unpaved roads.

Haul roads shall be sprayed down at the end of the work shift to form a thin crust. This application of water shall be in addition to the minimum rate of application.

Vehicles Entering/Exiting Construction Area:

Vehicles entering or exiting construction area shall travel at a speed which minimizes dust emissions.

Employee Vehicles:

Construction workers shall park in designated parking areas(s) to help reduce dust emissions.

Soil Piles:

Soil pile surfaces shall be moistened if dust is being emitted from the pile(s). Adequately secured tarps, plastic or other material may be required to further reduce dust emissions.

NOTICE: Violations of District Regulations are enforceable under the provisions of California Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000 per violation.

Mitigation Measure 3.3-3: The project applicant shall implement the following mitigation measures to mitigate combustion emissions from heavy-duty construction equipment.

Maintain all construction equipment in proper tune according to manufacturer’s specifications.

Maximize to the extent feasible, the use of diesel construction equipment


During Construction

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VERIFICATION

(DATE/INITIALS) meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines.

Electrify equipment where feasible.

Substitute gasoline-powered for diesel-powered equipment, where feasible.

Use alternatively fueled construction equipment on site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel.

Use equipment that has Caterpillar pre-chamber diesel engines.

Biological Resources

Impact 3.4-3: Direct or Indirect Effects on Special-Status Bird Species

Mitigation Measure 3.4-1: If project construction activities, including vegetation clearing, are to occur during the nesting season for birds protected under the MBTA and CFGC (approximately March 1-August 31) the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting raptors in the BSA and offsite improvement corridors. At least two surveys shall be conducted no more than 15 days prior to the initiation of construction activities, including vegetation clearing. In the event that nesting raptors are found on the project site, offsite improvement corridors, or the immediate vicinity, the project proponent shall:

Locate and map the location of the nest site. Within 2 working days of the surveys prepare a report and submit to the County and CDFW;

A no-disturbance buffer of 250 feet shall be established. In the case of bald eagles, a 1000 foot no-disturbance buffer shall be established;

On-going weekly surveys shall be conducted to ensure that the no disturbance buffer is maintained. Construction can resume when a qualified biologist has confirmed that the birds have fledged.

In the event of destruction of a nest with eggs, or if a juvenile or adult raptor should become stranded from the nest, injured or killed, the qualified biologist shall immediately notify the CDFW. The qualified biologist shall coordinate with the CDFW to have the injured raptor either transferred to a raptor recovery center or, in the case of mortality, transfer it to the CDFW within 48 hours of notification.


15 days prior to construction activities

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VERIFICATION

(DATE/INITIALS) If directed/authorized by the CDFW during the notification, the qualified biologist may transfer the injured raptors to a raptor recovery center.

Mitigation Measure 3.4-2: If construction activities that result in vegetation clearing occur during the avian breeding season (March 1 – August 31) then the applicant shall conduct pre-construction surveys to prevent impacts to nesting birds. No more than 15 days prior to the start of construction a migratory bird survey shall be conducted by a qualified biologist to identify any active nests within active construction areas within the BSA. If construction stops for a period of 15 days or more during the avian breeding season than an additional migratory bird survey shall be conducted. The biologist will conduct a survey for all birds protected by the MBTA and CFGC, and map all nests located within 250 feet of construction areas. If nests are identified the biologist will develop buffer zones around active nests. Construction activity shall be prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored at least twice per week and a report submitted to the County and CDFW monthly.

Mitigation Measure 3.4-3: Prior to approval of improvement plans, the project proponent shall modify the golf course design to ensure a 250-foot avoidance buffer around the California black rail habitat. Prior to construction, the project applicant shall install orange construction barrier fencing to identify environmentally sensitive areas around the California black rail habitat. The location of the fencing shall be marked in the field with stakes and flagging and shown on the construction drawings. The fencing will be installed before construction activities are initiated and will be maintained throughout the construction period. The fence shall be removed at the end of the construction season so as to not interfere with the movement of deer and other wildlife. Permanent signs will be erected around the buffer zone that describes the buffer boundary and the no-disturbance requirements.


Butte County Development Services and


Prior to approval of improvement plans

Impact 3.4-4: Direct or Indirect Effects on Special-Status Mammal Species

Mitigation Measure 3.4-4: Up to thirty days prior to the commencement of construction, the project proponent shall retain a qualified biologist to conduct pre-construction bat survey(s) that involve the removal of potential diurnal roosting trees (e.g trees 24” DBH and greater, snags, hollow trees). During the survey(s) the qualified biologist will inspect all potential diurnal roosting trees within the entire area(s) where potential diurnal roosting trees will be removed and within a 100 foot buffer area around the entire area(s) where diurnal roosting trees will be removed using the appropriate and most effective methodology (e.g. camera inspection, exit survey with night optics, acoustic survey) in determining presence or absence of bat species.



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VERIFICATION

(DATE/INITIALS)

Since western red bats are a solitary roosting species, for the purposes of these avoidance and minimization measures for special-status bat species, a bat roost is considered one bat unless positively determined that the identified bat is not a western red bat by a biologist with working knowledge of western red bats. A bat roost not consisting of western red bats as determined by an accredited biologist is then considered a congregation of bats as determined by a biologist. If a bat roost is found within an area where trees are to be removed or within the 100 foot buffer area around the area where trees are to be removed, during the bat maternity season (April – August), then the tree will be marked and construction within 100 feet from the roosting tree will be delayed until a qualified biologist has determined that young are volant (flying). If the marked roosting tree is to be removed then the roost tree will not be removed until after a qualified biologist has determined that all young are volant and/or the roost is determined unoccupied.

If a bat roost is found within an area where trees are to be removed or within the 100 foot buffer area around the area where trees are to be removed, outside of the bat maternity season, then the tree will be marked and construction within 100 feet from the roosting tree will be delayed until a qualified biologist can perform exclusion activities and/or the tree is determined unoccupied. Prior to performing bat exclusion activities, the qualified biologist will prepare an exclusion plan and obtain CDFW approval

Impact 3.4-5: Direct or Indirect Effects on Candidate, Sensitive, or Special-Status Plant Species

Mitigation Measure 3.4-5: Confirmation surveys will be conducted in areas of suitable habitat for adobe lily. Where found, the plant location(s) will be marked and mapped. Avoidance of marked/mapped plant locations should be considered in the design of project plans. If avoidance is not possible through design revisions, prior to construction, the adobe-lily bulb will be hand excavated, the depth of the bulbs will be recorded, and the bulbs will be immediately relocated to a pre-determined replanting site at the same depth that the bulb was excavated. The replanting site will contain similar suitable habitat conditions, within the BSA, and will be located a minimum of 100 feet from proposed construction activities. Additionally, the replanting site will contain similar hydrology as the bulb excavation location, and shall not present a risk of runoff or pollutant sources from adjacent construction or long-term project activities. The confirmation surveys, excavation, and replanting will be performed by a qualified botanist with previous adobe-lily survey experience. The re-planting area will be fenced to prevent cattle or other undesirable entry into the replanting area. To ensure long-term protection, signage will be installed on the fence that designates this area as a sensitive restoration site and will provide standard no trespassing language.


Prior to construction

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VERIFICATION

(DATE/INITIALS)

A report summarizing the findings of confirmation surveys, excavation, and replanting efforts will be prepared and submitted to the County and CDFW. The replanting area will be monitored for five years to determine the success of replanting efforts. The monitoring should include a record of flowering versus vegetative plants observed, any observation of pollutants, herbivory, site alteration from human activities or other risks to the site. Success is determined by the number of relocated plants that survive and transplantation. If the success rate after five years is below 75%, consultation with CDFW will be required to develop appropriate remediation plans. A copy of the monitoring report shall be provided to the CDFW each year, and a new occurrence report shall be provided to the California Natural Diversity Database.

Impact 3.4-6: Effects on Protected Wetlands and Jurisdictional Waters

And;

Impact 3.4-7: Direct and Indirect Adverse Effects on Riparian Habitat or Sensitive Natural Community

Mitigation Measure 3.4-6. Prior to any construction activities that would disturb protected wetlands and/or jurisdictional areas, or riparian habitat, the project applicant shall obtain the appropriate state and federal authorizations (Streambed Alternation Agreement, Section 404 permit, Section 401 water quality certification). During construction the project applicant shall comply with the requirements of these authorizations throughout the project.

Mitigation Measure 3.4-7: The project applicant shall compensate for any authorized disturbance to protected wetlands and/or jurisdictional areas, or riparian habitat to ensure no net loss of habitat functions and values. Compensation ratios shall be based on site-specific information and determined through coordination with state, federal, and local agencies as part of the permitting process for the project. Unless determined otherwise by the regulatory/permitting agency, the compensation shall be at a minimum ratio of 2 acres restored, created, and/or preserved for every 1 acre of wetland, or riparian habitat disturbed. Compensation may comprise onsite restoration/creation, off-site restoration, preservation, or mitigation credits (or a combination of these elements). The applicant shall develop and implement a restoration and monitoring plan that describes how the habitat shall be created/restored and monitored over a minimum period of time.

Mitigation Measure 3.4-8. Prior to construction, the project applicant shall install orange construction barrier fencing to identify environmentally sensitive areas around the wetland, riparian area, and other aquatic habitats. The location of the fencing shall be marked in the field with stakes and flagging and shown on the construction drawings. The fencing will be installed before construction activities are initiated and will be maintained throughout the construction period.

Butte County Development Services, CDFW, ACOE, and RWQCB

Butte County Development Services, CDFW, and ACOE


Prior to disturbance to wetlands, jurisdictional areas, or riparian habitat,

Prior to disturbance to wetlands, jurisdictional areas, or riparian habitat,


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VERIFICATION

(DATE/INITIALS)

Mitigation Measure 3.4-9: Upon completion of the proposed project, all temporarily disturbed natural areas, including stream banks, and riparian habitat, shall be returned to original contours to the extent feasible. All streams that will be realigned, rerouted, or restored will be constructed to match pre-existing conditions and functions. Affected wetlands, riparian habitat, stream banks or stream channels shall be stabilized prior to the rainy season and/or prior to reestablishing flow. For wetland areas, the top six inches of native topsoil should be stockpiled and replaced following work. Wetland and riparian vegetation shall be reestablished using native vegetation similar to pre-existing conditions. The applicant will prepare a mitigation and monitoring plan that includes long term monitoring to ensure that the disturbed streams and wetland met or exceed baseline functions.

Mitigation Measure 3.4-10: Construction staging, storage, and parking areas shall be located 500 feet from streams, riparian habitat, and wetlands. All fueling, fuels, and equipment maintenance shall occur 500 feet from wetlands and streams. Vehicle travel adjacent to wetlands and riparian areas shall be limited to existing roads and designated temporary access roads. Sensitive natural communities (i.e., wetlands, waters, riparian zones and oak woodlands) shall be conspicuously marked in the field (including suitable buffer zones) to minimize impacts on these communities, and work activities shall be limited to outside the marked areas.



After completion of construction

Prior to, and during construction

Impact 3.4-8: Interference with the Movement of Native Fish or Wildlife Species or with Established Wildlife Corridors, or Impede the Use of Native Wildlife Nursery Sites

Mitigation Measure 3.4-11: To off-set direct impacts from habitat removal and loss of function on 112 acres the applicant will place land under their ownership in a permanent conservation easement with a funded management endowment. Figure

3.4-8 depicts the location of the 148 acre proposed preserve. This site was selected for the following reasons:

It contains habitat that meets the life history requirements of deer;

The site is large enough to be ecologically meaningful mitigation;

Is bordered on the north and east by public lands, thus reducing edge effects, and contributing to a larger potential preserve;

Restricts any future land development towards less suitable habitat;

Protects a major wildlife movement corridor.


Prior construction

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VERIFICATION

(DATE/INITIALS)

Mitigation Measure 3.4-12: The following measures are recommended to preserve and maintain wildlife movement:

Existing migration and wildlife corridors with a minimum width of 300 shall be maintained;

Barriers such as fences, structures, buildings, or parking areas will not be constructed in wildlife corridors;

Golf fairways and landscaping associated with golf courses are not recognized as barriers to migration, however lighting and human activity can modify deer behavior within established migration corridors to the extent that deer no longer utilize the corridor. To reduce these effects, vegetative buffers will be established between the playing areas and migration corridors to allow movement of animals with as little human intrusion as possible. Lighting will not be placed in migration corridors;

Vegetative buffers will be comprised of vegetation native to the site;

As feasible, an average 100 foot set-back will be maintained around all blue line permanent and intermittent waterways as shown on the USGS maps. An average 50 foot buffer will be maintained around all ephemeral drainages. Where impacts to ephemeral and intermittent streams occur, such as fairway crossings, road and trail crossings, the impacts will be compensated on-site by performing restoration or realignment on the remaining stream channel or ponds in such a manner so that no net loss of function and area will result;

Construction occurring within wildlife corridors will not be allowed between October 1 and March 31;

Posted travel speeds on all interior roads shall not exceed 35 miles per hour;

Speed humps will be added to road sections to prevent excess speed;

Signs will be installed notifying drivers and golfers of deer migration seasons and wildlife corridor crossings.

MITIGATION MEASURE 3.4-13: Prior to construction, the project applicant shall prepare



MMRP 4.0




VERIFICATION

(DATE/INITIALS) a Wildlife and Habitat Management Plan (WHMP) that will provide a framework for protecting wildlife and enhancing the existing natural habitat to promote wildlife

and biodiversity conservation. The WHMP will identify ecologically sensitive areas such as wetlands, stream/drainage corridors, migratory corridors, wintering habitat, breeding habitat, and other sensitive habitat that will require protection from

operational impacts. The WHMP will address human-wildlife conflicts, deer food resources, temporal restrictions during a severe winter event, and the development of an educational program to inform employees and guests about wildlife and their

habitats.



Impact 3.4-10: Conflicts with an Local Policies or Ordinances Protecting Oak Woodlands

Mitigation Measure 3.4-14: Prior to the commencement of construction, the project proponent shall compensate for the loss of 185 acres of oak woodland in accordance with Public Resources Code Section 21083.4. The compensation shall include the 148-acre conservation easement, which also serves as migratory deer herd habitat, and 37 acres choosing one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands:

1. Conserve oak woodlands, through the use of conservation easements

2. A. Plant an appropriate number of trees, including maintaining plantings

and replacing dead or diseased trees.

B. The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted.

C. Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirements for the project.

D. The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands.

3. Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision (a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the



4.0 MMRP




VERIFICATION

(DATE/INITIALS) Oak Woodlands Conservation Fund as part of the mitigation for the project.

4. Other mitigation measures developed by the county.

Mitigation Measure 3.4-15: All existing oak trees greater than 5 inches DBH

proposed for retention shall receive the following protection:

The location of all existing oak trees, including those proposed for removal, will be shown on a map.

This map should be used during the planning phase to minimize construction impacts.

A root protection zone for existing oaks will be established at a distance of 1.5 x dripline.

No construction activities, such as trenching, soil piling or staging of vehicles should be conducted within the root protection zone. If construction activities are needed within the zone, impacts should be minimized. Wood chips or 5/8 inch plywood may be placed over the affected root protection zone prior to work. Trenching should not impact more than 30percent of the root protection zone. Severed roots should be cleanly cut with a sharp saw to reduce infection.

A protective barrier shall be established around the root protection zone if construction activities are planned adjacent to affected trees.

Existing oaks should not be defaced, damaged or severely pruned during construction.

Irrigation systems or establishment of turf should be outside of the root protection zone.

Heritage trees (oaks 24 inch DBH or greater and in good health) should be mapped, located and protected.


Prior to removal of oak trees

CULTURAL RESOURCES

Impact 3.5-1: Potential to Cause a Substantial Adverse Change in

Mitigation Measure 3.5-1: Prior to the approval of Grading and Improvement Plans, the project proponent shall design the project to avoid the three recorded

Butte County Development

Prior to grading

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VERIFICATION

(DATE/INITIALS) the Significance of a Historical or Archaeological Resource as Defined in CEQA Guidelines §15064.5

cultural sites (Stringtown 1, PA-12-G10 and PA-12-G11). These cultural sites can be assumed to be important resources under the California Register of Historical Resources. If it is not possible for project plans to avoid these sites, the eligibility of the sites should be determined under the California Register criteria, with all work supervised by professionals who meet the Secretary of the Interior’s Professional Qualifications Standards. If it is determined that the sites do not meet the criteria of the California Register, protection and preservation will not be necessary.

Mitigation Measure 3.5-2: Prior to the commencement of construction, the boundaries of the midden site (Stringtown 1) should to be determined through the excavation of a series of shovel test pits. This will establish the precise boundaries of the resource to identify the area requiring protection.

Mitigation Measure 3.5-3: Prior to the commencement of construction, the three recorded cultural sites (Stringtown 1, PA-12-G10 and PA-12-G11) shall be fenced with orange protective fencing to provide complete protection from construction related impacts of any type including vehicular access and pedestrian access. If at any point, permanent fencing must be installed to deter future access, the fencing should be designed to provide complete protection from any future impact.

Mitigation Measure 3.5-4: If cultural resources (i.e., prehistoric sites, historic sites, and isolated artifacts and features) are discovered during the course of construction, work shall be halted immediately within 50 meters (165 feet) of the discovery, Butte County shall be notified, and a qualified archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology shall be retained to determine the significance of the discovery.

Butte County shall consider mitigation recommendations presented by the qualified archaeologist for any unanticipated discoveries and shall carry out the measures deemed feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The project proponent shall be required to implement any mitigation necessary for the protection of cultural resources.

Mitigation Measure 3.5-5: Inspection of Stringtown 1 should be provided on an annual basis to assure that the site remains protected. It may be advisable to work with a group such as The Archaeological Conservancy to provide such services or to place the site in a conservation easement.

Services





permit



During construction

Ongoing

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VERIFICATION

(DATE/INITIALS)

Impact 3.5-2: Potential to Directly or Indirectly Destroy a Unique Paleontological Resource

Mitigation Measure 3.5-6: If paleontological resources are discovered during the course of construction, work shall be halted immediately within 50 meters (165 feet) of the discovery, Butte County shall be notified, and a qualified paleontologist shall be retained to determine the significance of the discovery. If the paleontological resource is considered significant, it should be excavated by a qualified paleontologist and given to a local agency, State University, or other applicable institution, where they could be curated and displayed for public education purposes.


During construction

Impact 3.5-3: Potential to Disturb Any Human Remains, Including Those Interred Outside of Formal Cemeteries

Mitigation Measure 3.5-7: If human remains are discovered during the course of construction, work shall be halted at the site and any nearby area reasonably suspected to overlie adjacent human remains until he Butte County Coroner has been informed and has determined that no investigation of the cause of death is required. If the remains are of Native American origin, either of the following steps will be taken:

The coroner will contact the Native American Heritage Commission in order to ascertain the proper descendants from the deceased individual. The coroner will make a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods, which may include obtaining a qualified archaeologist or team of archaeologists to properly excavate the human remains.

The landowner shall retain a Native American monitor, and an archaeologist, if recommended by the Native American monitor, and rebury the Native American human remains and any associated grave goods, with appropriate dignity, on the property and in a location that is not subject to further subsurface disturbance when any of the following conditions occurs:

o The Native American Heritage Commission is unable to identify a descendent.

o The descendant identified fails to make a recommendation.

Butte County or its authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Butte County Development Services and Butte County Coroner

During Construction

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VERIFICATION

(DATE/INITIALS)

Impact 3.6-2: Implementation and construction of the proposed project may result in substantial soil erosion or the loss of topsoil

Mitigation Measure 3.6-1: Prior to the issuance of a grading permit (project site) or construction activities (offsite infrastructure site), the project proponent shall submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in accordance with the NPDES General Construction Permit requirements. The SWPPP shall be designed to control pollutant discharges utilizing Best Management Practices (BMPs) and technology to reduce erosion and sediments. BMPs may consist of a wide variety of measures taken to reduce pollutants in stormwater runoff from the project site. Measures shall include temporary erosion control measures (such as silt fences, staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) that will be employed to control erosion from disturbed areas. Final selection of BMPs will be subject to approval by Butte County and the RWQCB. The SWPPP will be kept on site during construction activity and will be made available upon request to representatives of the RWQCB.

Mitigation Measure 3.6-2: Prior to the issuance of a building permit, the project proponent shall ensure that at least 85 to 90 percent of annual average stormwater runoff from the project site is treated per the standards in the California Stormwater Best Management Practice New Development and Redevelopment Handbook. Drainage from all paved surfaces, including streets, parking lots, driveways, and roofs shall be routed either through swales, buffer strips, or sand filters or treated with a filtering system prior to discharge to the storm drain system. Landscaping shall be designed to effect some treatment, along with the use of a Stormwater Management filter to permanently sequester hydrocarbons, if necessary. Roofs shall be designed with down spouting into landscaped areas, bubbleups, or trenches. Driveways shall be curbed into landscaping so runoff drains first into the landscaping. Permeable pavers and pavement shall be utilized to construct the facilities, where appropriate.

Butte County Public Works and RWQCB

Butte County Public Works and RWQCB

Prior to grading permit (project site) or construction activities (offsite improvements)

Prior to building permit

Impact 3.6-3: Potential to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of project implementation, and potentially result in landslide, lateral spreading, subsidence, liquefaction or collapse

Mitigation Measure 3.6-3: Prior to grading, a certified geotechnical engineer shall be retained to perform a final geotechnical evaluation of the soils at a design-level. The grading and improvement plans, as well as the building plans shall be designed in accordance with the recommendations provided in the final geotechnical evaluation. Final geotechnical design shall be developed by a geotechnical engineer in accordance with the California Building Code.


Prior to grading permit

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VERIFICATION

(DATE/INITIALS)

GREENHOUSE GASES AND

CLIMATE CHANGE

Impact 3.7-2: Potential to generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment – Construction

Mitigation Measure 3.7-2: To the extent feasible, the project applicant shall implement the following measures to mitigate construction-related greenhouse gas emissions:

Improve fuel efficiency from construction equipment:

o Minimize idling time either by shutting equipment off when not in

use or reducing the time of idling to no more than 3 minutes (5

minute limit is required by the state airborne toxics control measure

[Title 13, sections 2449(d)(3) and 2485 of the California Code of

Regulations]). Provide clear signage that posts this requirement for

workers at the entrances to the site.

o Maintain all construction equipment in proper working condition

according to manufacturer’s specifications. The equipment must be

checked by a certified mechanic and determined to be running in

proper condition before it is operated.

o Train equipment operators in proper use of equipment.

o Use the proper size of equipment for the job.

o Use equipment with new technologies (repowered engines, electric

drive trains).

Perform on-site material hauling with trucks equipped with on-road engines (if determined to be less emissive than the off-road engines).

Use alternative fuels for generators at construction sites such as propane or solar, or use electrical power.

Maintain all construction equipment in proper tune according to manufacturer’s specifications.

Use an ARB approved low carbon fuel for construction equipment. (NOx emissions from the use of low carbon fuel must be reviewed and increases


During construction

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(DATE/INITIALS) mitigated.)

Encourage and provide carpools, shuttle vans, transit passes and/or secure bicycle parking for construction worker commutes.

Reduce electricity use in the construction office by using compact fluorescent bulbs, powering off computers every day, and replacing heating and cooling units with more efficient ones.

Recycle or salvage non-hazardous construction and demolition debris (goal of at least 75% by weight).

Use locally sourced or recycled materials for construction materials (goal of at least 20% based on costs for building materials, and based on volume for roadway, parking lot, sidewalk and curb materials). Wood products utilized should be certified through a sustainable forestry program.

Minimize the amount of concrete for paved surfaces or utilize a low carbon concrete option.

Produce concrete on-site if determined to be less emissive than transporting ready mix.

Use SmartWay certified trucks for deliveries and equipment transport.

Develop a plan to efficiently use water for adequate dust control.

HAZARDS AND HAZARDOUS

MATERIALS

Impact 3.8-1: Potential to create a significant hazard through the routine transport, use, or disposal of hazardous materials or through the reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment

Mitigation Measure 3.8-1: Prior to bringing hazardous material onsite, the applicant shall submit a Hazardous Materials Business Plan (HMRRP) to Butte County Environmental Health Division (CUPA) for review and approval. If the inventory of reportable hazardous materials include fuels stored in Aboveground Storage Tanks (AST) that exceed 1320 gallons (in containers >55 gallons) the applicant must file documents required by the California Aboveground Storage Tank Act (APSA). If one of the AST’s is larger than 20,000 gallons or the accumulative storage capacity exceeds 100,000 gallons a Spill Prevention and Countermeasures Plan (SPCC) will be required. If during the construction process the applicant or his subcontractors generates hazardous waste, the applicant must

Butte County Environmental Health

Prior to bringing hazardous materials onsite

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(DATE/INITIALS) register with the CUPA as a generator of hazardous waste, obtain an EPA ID# and accumulate, ship and dispose of the hazardous waste per Health and Safety Code Ch. 6.5. (California Hazardous Waste Control Law).

HYDROLOGY AND WATER

QUALITY

Impact 3.9-1: Violate any water quality standards or waste discharge requirements during construction

Mitigation Measure 3.9-1: Prior to the issuance of a grading permit (project site) or construction activities (offsite infrastructure site), the project proponent shall submit a NOI and SWPPP to the RWQCB in accordance with the NPDES General Construction Permit requirements. The SWPPP shall utilize BMPs and technology to reduce erosion and sediments to meet water quality standards. Such BMPs may include: temporary erosion control measures such as silt fences, staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover. The SWPPP shall be kept on site and implemented during construction activities and shall be made available upon request to representatives of Butte County and/or RWQCB.

Butte County Development Services and RWQCB


Impact 3.9-2: Violate any water quality standards or waste discharge requirements during operation

Mitigation Measure 3.9-2: Prior to the issuance of a grading permit for the golf course project, the project proponent shall retain a qualified specialist to perform water quality sampling/monitoring and the qualified specialist shall submit a monitoring plan for review and approval by the Butte County. The intent of the sampling/monitoring is to ensure that fertilizer, pesticide, herbicides, and any other pollutants from operations and maintenance of the golf course do not increase pollution in waterbodies on or off of the project site, including Lake Oroville. The monitoring plan shall include a requirement to sample water quality prior to the beginning of construction to establish pre-project water quality as a baseline for later comparison of post-project water quality. The monitoring plan shall establish the appropriate timing of sampling/monitoring in perpetuity. Once the monitoring plan is approved by Butte County, the qualified specialist shall perform the sampling/monitoring in accordance with the monitoring plan and provide the results to Butte County for the public record. Butte County shall determine if corrective actions are needed based on the sampling/monitoring results.



NOISE

Impact 3.11-5: Stationary Noise at Proposed Receptors

Mitigation Measure 3.11-1: Golf course maintenance activities occurring on the Stringtown Road end of the project should be should be restricted to daytime hours (7:00 am – 7:00 pm). This would specifically apply to gasoline-powered equipment, including mowers and aerators.


On-going

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(DATE/INITIALS)

TRANSPORTATION AND

CIRCULATION

Impact 3.13-2: Potential to create an increase in traffic that would cause cumulative plus project traffic conditions to degrade to an unacceptable level of service

Mitigation Measure 3.13--1: Prior to occupancy, the project proponent shall implement the following measures:

Retime the SR 162/Gold Country Casino Access Intersection traffic signal during the PM peak hour. This results in an improvement from LOS E to an acceptable LOS D operation.

Construct a standard left-tum lane at the SR I62/Forbestown Road intersection (Intersection 3 in the TIS) based on Chapter 400 of the Caltrans Highway Design Manual. Sixth Edition. The existing Right-of-Way (ROW) appears to be adequate to accommodate the widening; if not dedicate ROW from the project site as needed.

Construct a left turn lane at the SR 162/Project Access intersection. If the existing ROW is not adequate to accommodate the widening, dedicate ROW as needed. If the cost of a left turn lane is prohibitive due to terrain, a shoulder bypass lane may be adequate.

Butte County Development Services and Public Works

Prior to occupancy

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