3.2.1 I NTRODUCTIONservice, 2003; aes, 2006 butte site 216 215 215 215 215 214 soil types crystalhill-oregongulch-craigsaddle-rock outcrop complex, 15 to 30 215 percent slopes crystalhill-oregongulch-craigsaddle

3.0 Affected Environment

February 2008 3.2.1-1 Enterprise Rancheria Casino and Hotel Draft Environmental Impact Statement

3.2 BUTTE SITE

3.2.1 INTRODUCTION

This section describes the existing environment of the Butte Site, which may be affected by Alternative D, as required by CEQ Guidelines (§1502.15). This sections describes Land Resources, Water Resources, Air Quality, Biological Resources, Cultural Resources, Socioeconomic Conditions, and Resource Use Patterns, and other values including Noise and Hazardous Materials.



3.2.2 LAND RESOURCES

TOPOGRAPHY

The Butte Site is situated in the mountainous region near Lake Oroville. The elevations of the site range from approximately 1,600 feet above mean sea level on the north, to approximately 1,360 feet above mean sea level at its southern boundary. The general slope of the Butte Site is 18%, though variations occur throughout the site in the form of saddles, spurs and locally modified areas to accommodate residential development. Figure 3.2.2-1 shows the topography of the Butte Site.

GEOLOGIC SETTING

Butte County’s geological profile includes portions of three geological provinces, the Great Valley Province, the Sierra Nevada Province, and the Cascade Mountain Range. The northern section of the Great Valley Province consists of the Sacramento Valley, an area with extensive alluvial fan deposits and sedimentary deposits. This valley takes up the western half of Butte County. The Cascade Mountain Range occupies the northeast and north-central segments of Butte County. The Cascade Range runs from British Colombia, Canada, to northern California and is part of the Pacific Ring of Fire. Butte County also includes the northern edge of the Sierra Nevada mountain range. The granitic batholith of the Sierra Nevada range is exposed in numerous areas in the eastern part of the County from its cover of metamorphic, metavolcanic, and sedimentary rock. The Sierras generally have lower elevations but steeper slopes than the Cascades. A transition zone of foothills marks the separation between the mountain ranges and the Sacramento Valley.

The Sierra Nevada portion of Butte County is composed primarily of Lower Mesozoic (Triassic and Jurassic) sedimentary rocks with an inclusion of Early Mesozoic granitic rocks and one of Cretaceous granitic rocks. The Sacramento Valley is composed of Quaternary deposits, young alluvial deposits from erosion of the Sierra Nevada Mountains. The Cascade Mountain Range within Butte County is composed of Neogene volcanic rocks. The regional geological composition is shown on Figure 3.2.2-2.

SOILS

Two soil types are listed on the Butte County soil survey (NRCS, 2005). Map unit number 216 covers most of the site. Both are a complex of Crystalhill, Oregongulch, Craigsaddle, and Rock Outcrop, though map unit 216 has 30 to 50% slopes and map unit 215 has 15-30% slopes (Table 3.2.2-1). Most of the Butte Site is within map unit 216, except for a small portion of the northwest corner. Both soil types have low water capacity and slow to moderate runoff. Soils within these map units are generally gravelly sandy loam, gravelly coarse sandy loam, and sandy loam, which indicates that there is a low potential for shrink/swell or erosion at this site. Also,

BUTTESITE

WOJIEK

RAILROAD GRADE

BLAC

K HA

WK

TR.

RO

CKY

POIN

TR

D

Enterprise Rancheria Casino EIS / 202527

Figure 3.2.2-1Topography – Butte Site

SOURCE: "Forbestown, CA" USGS 7.5 Minute Topographic Quadrangle; AES, 2007

NO

RT

H

0 400' 800'

Butte SiteVicinity RoadsRailroad Grade

LEGEND


Figure 3.2.2-2Butte Site Geology

SOURCE: USGS and California Division of Mines and Geology, 1966; AES, 2006

BUTTE SITE

0 6 12

Miles

SCALE

Late Mesozoic (latest Jurassic and Cretaceous) eugeosynclinal

rocks of the Franciscan Formation

Cenzoic nonmarine (contin-nental) sedimentary rocksand alluvial deposits

MISCELLANEOUS GEOLOGICAL INVESTIGATIONS

EXPLANATIONSEDIMENTARY AND VOLCANIC ROCKS

Cenzoic marinesedimentary rocks

Cenzoic volcanicrocks

Mesozoic sedimentary and volcanic rocksolder than the Nevaden oregeny, in places

strongly metamorphosed.

Paleozoic sedimentary and volcanic rocks; in places strongly metamorphosed; includes

some rocks of Triassic age in Klamath Mountains;includes some late Precambrian sedimentary

rocks in Great Basin

Late Mesozoic (latest Jurassic andCretaceous) shelf and slope sedimentary rocks

Precambrian rocks of all types including coarse-grained intrusives

Pre-Cenzoic metamorphic rocks of unknown age.Ultramafic rocks chiefly of Mesozoic age

Granitic rocks chiefly of Mesozoic age

Fault, dotted where concealed;includes low-angle faults; arrows

indicate direction of relative movementon strike-slip faults

Contact



the Butte County General Plan indicates that the Butte Site is in an area with low soil expansivity, indicating a shrinkage index less than 5 (Butte County General Plan, 2005). The soil survey confirms this, indicating a “low” shrink swell potential for map units 215 and 216. The soil map is provided in Figure 3.2.2-3.

TABLE 3.2.2-1 SOIL CHARACTERISTICS – BUTTE SITE

Soil Type

MapUnit

NumberAgricultural

Rating Runoff

Available Water

Capacity Hydrologic

GroupDrainage

ClassCrystalhill-

Oregongulch-Graigsaddle-Rock Outcrop Complex, 15 to 30% slopes 215

Grades 6 and 7

Low to Medium

Very Low to Low A - B

Somewhat Excessively

Drained Crystalhill-

Oregongulch-Graigsaddle-Rock Outcrop Complex, 30 to 50% slopes 216 Grade 7

Low to Medium

Very Low to Moderate B

Somewhat Excessively

Drained

Source: USDA-NRCS, 1998.

Agricultural Suitability

On the basis of the Storie Index ratings, as defined previously in Table 3.2.2-1, the soil on the site is rated as Grade 6. It is therefore deemed poorly suited for general intensive agricultural uses. This soil is not listed as meeting the requirements for prime farmland, as defined by the U.S. Department of Agriculture (USDA-NRCS, 1998).

Runoff Potential

The Natural Resource Conservation Service (NRCS) uses four hydrologic groups to estimate the runoff potential of soils (A, B, C, and D). Group A soils have the lowest runoff potential. Group D soils have the highest runoff potential. Groupings are based on soil properties that influence runoff, such as the water infiltration rate, texture, natural drainage or wetness, and the presence of a restrictive underlying layer of impermeable soil or parent rock material. The soil on the Butte Site ranges from Group A to B, indicating a relatively low runoff potential (USDA-NRCS, 1998). Table 3.2.2-2 displays the soil characteristics on the Butte Site.

SEISMICITY

The Butte Site is located in the Sierra Nevada Mountains Geomorphic Province. The Sierra Nevada Mountains extend almost the length of eastern California and represent a single 400-mile


Figure 3.2.2-3Butte Site Soil Map

SOURCE: AirPhoto USA Aerial Photograph, 4/1/2004; USDA Natural Resources Conservation Service, 2003; AES, 2006

BUTTE SITE

216

215

215

215

215

214

SOIL TYPES

215 CRYSTALHILL-OREGONGULCH-CRAIGSADDLE-ROCK OUTCROP COMPLEX, 15 TO 30 PERCENT SLOPES

216 CRYSTALHILL-OREGONGULCH-CRAIGSADDLE-ROCK OUTCROP COMPLEX, 30 TO 50 PERCENT SLOPES

NO

RT

H

0 200’ 400’



long block of Mesozoic igneous rocks that were intruded into the crust during plate convergence. The rocks were later brought to the surface by faulting (USGS, 2000). The Sierra Nevada Mountains, like most of California, is a seismically active region. Numerous active fault lines are found approximately 10 miles to the southwest of the Butte Site, along the Foothills Shear Zone. Approximately 15 miles to the northeast of the Butte Site lies the Big Bend Fault. The vast majority of the fault lines in Butte County run southeast to northwest.

Active and Potentially Active Faults

Based on the geologic setting and experiences in other counties in the Sierra Nevadas, an earthquake as large as 6.5 Ricter could occur anywhere in Butte County. For comparison, it is assumed that earthquakes of at least magnitude 6 can occur anywhere in California and buildings should be constructed accordingly. Known active and potentially active faults in the Northern California region are summarized and related to Butte County in Table 3.2.2-2, graphically represented in Figure 3.2.2-4 (for region surrounding Butte County), and active faults are presented in further detail below:

Cleveland Hill Fault: The Cleveland Hill fault is considered an active fault and is located in the Foothill Shear Zone (Butte County General Plan, 1977). On August 1, 1975, slippage along this fault caused an earthquake in Oroville with a Richter magnitude of 5.7. Studies of the fault line indicate that the maximum credible earthquake would be 6.5 to 6.7 Richter and a maximum bedrock acceleration 1 to 2 miles from the fault of 0.45 to 0.65g.

Midland-Sweitzer Fault: The Midland-Sweitzer fault is approximately 40 miles south-southwest of Butte County. Historically, this fault has produced earthquakes of 6 to 6.9 Richter and is capable of producing a magnitude 7.0 earthquake or greater. This fault is believed to have produced two earthquakes in 1892, measuring X and IX on the Modified Mercalli Index scale.

San Andreas Fault Zone (North Section): The San Andreas is more than 650 miles long and extends from Shelter Cove to the Salton Sea. It is approximately 95 miles west of Butte County. Significant earthquakes have occurred in 1838, 1857, 1901, 1906, 1922, 1934, and 1966. The intensity of the 1906 earthquake on the Modified Mercalli intensity scale was IV to V in eastern Butte County.

Hayward-Calaveras Fault Complex: The California Geological Survey (formerly the Division of Mines and Geology) considers the Hayward-Calaveras fault complex as a branch of the San Andreas fault. The most active portion of this fault is approximately 45 miles long and extends from San Pablo Bay to the Warm Springs district of Fremont, where it joints with the Calaveras Fault. Major earthquakes occurred along the Hayward fault in 1836 and 1868. The maximum Modified Mercalli intensity near the fault was IX to X, resulting in widespread damage. The



intensity in Butte County is unknown. The strongest recorded earthquake along the Calaveras fault occurred in 1861 and had a Modified Mercalli intensity of VII near the fault.

Last Chance-Honey Lake Fault Zones: The Last Chance-Honey Lake fault zones are approximately 100 miles long and trend north-northwest along the California-Nevada border. These faults have resulted in earthquakes ranging between 5 and 5.9 Richter.

Butte Site Considerations

According to the Butte County General Plan (2005), the County is within an area with a Modified Mercalli intensity of VII, although the intensity could vary locally from VII to IX, depending on the type and location of the fault. The USGS model for Interpolated Probabilistic Ground Motion (2002) calculates, in a 50-year period, a 2% chance of maximum peak ground acceleration near the site (39.33.2 Lat, -121.21.54 Long) of 0.21g and a 10% chance of 0.12g.

TABLE 3.2.2-2 ACTIVE AND POTENTIALLY ACTIVE FAULTS

Intensity in Butte County (Modified Mercalli)

Bedrock Acceleration in Butte County

Fault Maximum Magnitude (Richter)

Maximum Average Maximum Average

Status

Cleveland Hill 6.4 VIII VII 0.45g-0.6g +/-0.1g Active

Midland-Sweitzer 7.7 VIII-IX VIII 0.1-0.2g +/-0.1-0.07g Active

Hayward-Calaveras 7.6 VII VI 0.3-0.1g +/-0.05g Active

San Andreas Fault Zone, North Section

8.3 VII VI-VII 0.05g +/-0.04g Active

Last Chance – Honey Lake

7.8 VIII VII 0.1-0.2g +/-0.1g Active

Russell Valley 6.5 VII VI 0.06g 0.04g Active

Foothills Shear Zone 7.3 IX VIII 0.6-0.9g 0.25-0.4g Potential

Willows 7.3 VIII VII-VIII 0.4-0.6g 0.15-0.25g Potential

Unnamed, near Dunnigan

6.7 VIII VI 0.5-0.15g +/-0.1g Potential

Sutters Butte 5.4-5.8 VI V – VI 0.45-0.6g +/-0.1g Potential

Coast Range Thrust Zone

8.25 IX-X VIII 0.2-0.25g 0.1-0.12g Potential

Camels Peak 7.1 IX-X VII-IX 0.5-0.8g 0.2-0.3g Potential

Melones – Dogwood Peak

8.3 X-XII IX-X 0.5-0.55g +/-0.15g Potential

Hawkins Valley 7.6 IX VIII 0.2-0.3g 0.15-0.2g Potential

Source: Butte County General Plan, 1977.

? ?

??

?

?

?

?

Nord

Vina

Twain

Biggs

Glenn

ChicoConcow

Durham

Tehama

Honcut

Colusa

Palermo

Magalia

DobbinsGridley

Oroville

Rich Bar

Richvale

Paradise

Live Oak

Challenge

Princeton

Loma Rica

Forbestown

Thermalito

Smartville

Brownsville

Los Molinos

Penn Valley

Camptonville

Grass Valley

Feather Falls

Stirling City

Hamilton City

South Oroville

5MI


Figure 3.2.2-4Butte County Fault Map

SOURCE: Butte County General Plan, 6/17/03; AES, 2006

BUTTESITE

LEGEND

NO

RT

H

0 4mi 8mi

Activity UnknownConcealedInferredPossible (Lineation)Active (Cleveland Hills)

Lakes

Cities

99 191

99

70

32

70

32

162

162

NevadaCounty

YubaCounty

ColusaCounty

GlennCounty

ButteCounty

SutterCounty

TehamaCounty

PlumasCounty



MINERAL RESOURCES

The Butte Site is located in an area of the state that has not been classified or mapped for mineral resources (CGS, 2002). However, gold, gravel, and stone are all currently mined in Butte County. Gold and gravel are especially common along old Tertiary riverbeds and quartz veins formed in the Sierra Nevada Mountains (Butte County General Plan, 2005). Several sites for sand and gravel mining exist on the Feather River, southwest of the Butte Site, and near the junction of Highways 191 and 70, northwest of the site. Both are over 10 miles away from the site. There is also base rock, rip rap, and ballast material mining over 10 miles to the southeast and northwest of the site. One gold mine is in operation in the far northeast corner of the County, over 30 miles from the site.



3.2.3 WATER RESOURCES

SURFACE WATER, DRAINAGE, FLOODING

Watershed

The Butte Site is located within the Feather River watershed. It is located between the middle and south forks of the Feather River, approximately one mile from Lake Oroville (which was created by damming the Feather River). Various intermittent streams traverse the Butte Site from north to south, flowing into the Oregon Gulch and eventually flowing into the south fork of the Feather River.

Drainage

The Butte Site currently drains in a southerly direction. Approximately 72 acres to the north of the site currently drains through the site (Figure 3.2.3-1).

Floodplain

The Butte Site is not within an area of flooding (FEMA, 2005). There is no oral history at the site of any flooding (Frazier, 2005).

GROUNDWATER

The Butte Site is located within the mountain region of Butte County (Butte County Division of Water and Resource Conservation, 2005) (Figure 3.2.3-2). Groundwater underneath the Butte Site is either contained within a shallow riverbank aquifer or within significant fractures and joints within the bedrock. In Butte County, the mountain region bedrock is tightly cemented and consolidated except for in the far northwest segment. Well production rates in fractured granite formations typically range from 5 to 50 gallons per minute (gpm). Well production rates in shallow riverbank aquifers are likely to be in excess of 100 gpm. Currently, residents at the site utilize springs to meet their water demand. Neighboring rural residential landowners generally utilize wells to meet their water demand.

WATER QUALITY

Surface Water Quality

No surface waters are located on the Butte Site.

Groundwater Quality

Butte County developed local basin management objectives (BMOs) to develop guidelines for groundwater management within the County. The County was divided up into 15 sub-basins to develop these local BMO guidelines. As a part of the BMO, Butte County performed a well survey for all sub-basins to locate and collect data from all groundwater level monitoring wells, groundwater quality monitoring wells, irrigation wells, and domestic wells. Based on this survey,



groundwater in the Sacramento Valley portion of Butte County is typically of good quality with total dissolved solids (TDS) concentrations ranging from 67 parts per million (ppm) to 232 ppm. The basin is a high quality fresh water basin, free of saline intrusion and is in good health (HydroScience Engineers, 2007).

The Butte Site lies just outside of the BMO surveyed area for groundwater quality. It is assumed that groundwater quality at the Butte Site will be of comparable quality to that of the Sacramento Valley portion of the County. The basis of this assumption is partially based on the downgradient BMO data and partially based on the existing spring water diversion, which is used by on-site residents.

LEGEND

0 400 800

Feet


Figure 3.2.3-1Butte Site Drainage Shed Map

SOURCE: USGS "Forbestown, CA" 7.5 Minute Topographic Quadrangle, Section 25, R5E T20N, Mt Diablo Baseline and Meridian; AES, 2006

Butte Site

Drainage Shed

SOURCE: California Department of Water Resources, 1975; AES, 2006Enterprise Rancheria Casino EIS / 202527

Figure 3.2.3-2Ground Water Map – Butte Site

Younger Alluvium

Older Alluvium

Older Marine Sediments

Younger Volcanics

Older Volcanics

Older Volcanics and Sediments

LEGEND

NO

RT

H

0 10mi 20mi

BUTTE SITE



3.2.4 AIR QUALITY

SETTING

The Butte Site is located in Butte County, which lies within the northern Sacramento Valley Air Basin (SVAB). Given that the Yuba Site also is located within the northern SVAB, much of the discussion of setting in Section 3.1.4 applies to the Butte Site. Any differences in setting particular to the Butte Site or Butte County are noted below.

Climate

Butte County encompasses approximately 1,670 square miles (1.07 million acres), which is divided into two topographical sections: a valley area which is the northeast portion of the Sacramento Valley and a foothill/mountain region east of the Valley. Topography includes the relatively flat Sacramento Valley Floor and associated alluvial fans, with elevations from 60 to 200 feet generally, extensive rolling foothills with an elevation range from 200 to 2,100 feet, and the Cascade and Sierra Nevada Mountain Ranges, with elevations from 2,100 to 6,000 plus feet above sea level. The valley comprises 45% of the County area, foothills 23%, and mountains 31%.

Butte County has a typical Mediterranean climate with hot dry summers and cool wet winters. Higher elevations experience cooler summers and cold winters. Annual precipitation, generally in the form of rain, ranges from 18 inches along the Sacramento River to 80 inches in areas of high elevation. Snowfalls occur regularly at higher elevation. East-west winds are common above 3,500 feet in elevation (elevation ranges from 1,360 to 1,600 feet on the Butte Site). Average wind speeds are less than 8 miles per hour, and prolonged calm periods and common.

Prevailing winds are from the southwest during half of the year and from the northwest the other half, generally. Southerly winds are normally associated with approaching winter storms and are usually moisture bearing due to their origin over the Pacific Ocean. Northerly winds are usually associated with winter and spring high pressure ridging (fair weather) and occasional summer daytime breezes. North winds tend to be dry.

POLLUTANTS OF CONCERN

Pollutants are generally classified as either criteria pollutants or non-criteria pollutants. Federal and California ambient air quality standards have been established for criteria pollutants whereas no ambient standards have been established for non-criteria pollutants. For some criteria pollutants, separate standards have been set for different periods of time. Most standards have been set to protect public health. For some of the criteria pollutants, the U.S. Environmental Protection Agency (USEPA) and states have identified air quality standards expressed in more than one averaging time in order to address the typical exposures found in the environment. Following is a discussion of pollutants that are of a particular concern in Butte County.



Carbon Monoxide

Carbon monoxide (CO) is a colorless, odorless gas that is formed when carbon in fuel is not burned completely. See Section 3.1.4 for a more detailed description of CO.

State and federal CO standards have been set for both 1-hour and 8-hour averaging times. The California Ambient Air Quality Standard (CAAQS) for an averaging time of 1-hour is 20 parts per million (ppm) by volume, while the National Ambient Air Quality Standard (NAAQS) for the same averaging time is 35 ppm. In addition, both USEPA and California have standards for CO over an 8-hour averaging time. The CAAQS is 9.0 ppm and the NAAQS is 9 ppm. Butte County is designated attainment for the state CO standards and unclassifiable/attainment for the federal CO standard.

Ozone

Ozone is a highly reactive gas molecule comprised of three oxygen atoms (O3). Ozone is not emitted directly into the air, but is formed by a photochemical reaction in the atmosphere. Ozone is the product of a series of chemical reactions involving sunlight, reactive organic gases (ROG), and nitrogen oxides (NOx). ROGs and NOx are “ozone precursors” and are considered primary pollutants because they are emitted directly into the atmosphere. See Section 3.1.4 for a more detailed description of ozone.

In July 1997, USEPA promulgated a new 8-hour standard for ozone. In setting the 8-hour ozone standard, USEPA concluded that replacing the existing 1-hour standard with an 8-hour standard was appropriate to provide adequate and more uniform protection of public health from both short-term (1 to 3 hours) and prolonged (6 to 8 hours) exposures to ozone. The Federal 1-hour ozone standard was officially revoked on June 15, 2005. However, the new rule also addresses anti-backsliding provisions in the Clean Air Act, so 8-hour ozone nonattainment areas remain subject to control measure commitments that applied under the 1-hour ozone standard.

Butte County is designated nonattainment of the state 1-hour ozone standard. The Chico California 8-Hour Nonattainment Area is designated “basic” nonattainment for the federal 8-hour standard with a maximum attainment date of June 1, 2009. The official nonattainment area labeled Chico California is the entire County of Butte.

Particulate Matter

Particulate matter (PM) is a mixture of microscopic solids and liquid droplets suspended in air. See Section 3.1.4 for a more detailed description of PM. USEPA first established NAAQSs for PM in 1971. The primary standards (measured by the indicator total suspended particulates or TSP) were 260 micrograms per cubic meter (µg/m3), 24-hour average, and 75 µg/m3, annual geometric mean. In 1987 USEPA changed the indicator for particles from TSP to PM10, the latter including particles with a mean aerodynamic diameter less than or equal to 10 µm, which



24-Hour PM Concentration Chico - 2002

0

20

40

60

80

100

1/8

3/8

5/8

7/8

9/8

11/8

Date

PM (u

g/m

3)

PM2.5 PM10

Figure 3.2.4-1 – Seasonal variation in PM10 and PM2.5 concentrations Source: CARB, 2005

delineates that subset of inhalable particles small enough to penetrate to the thoracic region of the respiratory tract. The standards were changed to 150 µg/m3 for 24-hours and 50 µg/m3 for annual geometric mean. In July 1997 while it was determined that the PM NAAQS should continue to focus on particles less than or equal to 10 µm in diameter, it was also determined that the fine and coarse fractions of PM10 should be considered separately. USEPA promulgated a new standard for PM2.5, or fine particulate matter. The new NAAQSs were 65 µg/m3, for a 24-hour sample, and 15 µg/m3, for an annual arithmetic mean. Due to the fact that specific monitoring data did not exist at the time, official designations did not occur until December 17, 2004. Now that nonattainment designations have taken effect, the state and local governments have three years to develop implementation plans designed to meet the standards by reducing air pollutant emissions contributing to fine particle concentrations.

In 1982, the ARB adopted California standards for PM10, i.e. 50 µg/m3 as a 24-hour average and 30 µg/m3 as an annual geometric mean. On July 5, 2003 the state modified the PM CAAQSs with a new PM2.5 standard on of 12 µg/m3 as an annual arithmetic mean, lowered the annual average PM10 to 20 µg/m3, and retained the 24-hour PM10.

In June 2005, ARB released a technical study to assist air districts in evaluating the nature of their PM problem (ARB, 2005). This document presented information from the perspective of the state standards. The report describes the characteristics of PM10 and PM2.5 in each of California’s air districts within each air basin including: ambient concentrations; spatial, seasonal, and hourly variations; and indication of broad source categories leading to the observed ambient particle concentrations. Butte County Air Quality Management District (BCAQMD) has a network of PM10/PM2.5 monitors in Butte County. The closest PM10/PM2.5 monitor is in Chico, which is approximately 29 miles west northwest of the Butte Site. Figure 3.2.4-1illustrates the variation in PM10 and PM2.5

levels throughout 2002 in Chico. The total height of the bars represents PM10

concentrations, while the height of the black portion of the bars represents the PM2.5 fraction.

At Chico, PM10 and PM2.5 concentrations are highest during the fall and winter. The colder, more stagnant conditions during this time of the year are conducive to the buildup of PM2.5, including the formation of secondary ammonium nitrate. In



addition, increased activity from residential wood combustion may also occur. Wildfires may have led to a peak in PM2.5 concentrations in August of 2002.

Based on 2000-2003 data, ARB estimates that the PM2.5 fraction accounts for approximately 67 percent of ambient PM10 levels during the fall and winter. On an annual average basis, ARB estimates that PM2.5 comprises 50 percent of the PM10 levels.

Other Criteria Pollutants

The standards for NO2, SO2, sulfates, hydrogen sulfide, vinyl chloride, lead, and visibility reducing particles are being met or are unclassifiable in the Butte Site area, and the latest pollutant trends suggest that these standards will not be exceeded in the foreseeable future.

Odors

Existing odor sources in the area are limited to odors emanating from natural sources. There are no major odor sources in the area of the Butte Site. During site visits on December 29-30, 2005, AES observed no detectable odors from the area.

Naturally Occurring Asbestos (NOA)

Asbestos is a term used for several types of naturally occurring fibrous minerals found in many parts of California. See Section 3.1.4 for a more detailed description of NOA.

Serpentinite and/or ultramafic rock (where NOA is usually found) are known to be present in 44 of California's 58 counties. These rocks are particularly abundant in the counties of the Sierra Nevada foothills, the Klamath Mountains, and Coast Ranges. Like many counties in Northern California, Butte County has areas that may contain NOA.

Toxic Air Contaminants

In addition to the above-listed criteria pollutants, the USEPA has identified 188 toxic or hazardous air pollutants. These pollutants are addressed by the Clean Air Act’s National Emissions Standards for Hazardous Air Pollutants (NESHAPs). See Section 3.1.4 for a more detailed description of the NESHAPs and toxic air contaminants. There are no Federal NESHAPs facilities in USEPA’s Toxic Release Inventory1 within a two-mile radius of the Butte Site (AES, 2005).

California regulates air toxics through AB 1807, the Toxic Air Contaminant Identification and Control Act of 1983 and AB 2588, the Air Toxics “Hot Spots” Information and Assessment Act of 1987. Under AB 1807, CARB and the Office of Environmental Health Hazard Assessment (OEHHA) are required to list Toxic Air Contaminants (TACs) based on a risk assessment process

1 http://www.epa.gov/triexplorer/



that evaluates the potential for human exposure and the health effects of a substance. Individual emitters of TACs are required by AB 2588 to prepare Toxic Emission Inventory Plans and Reports, allowing the local air quality management district to identify and inventory toxic emissions. In 1993, the California Legislature passed AB 2728, requiring that the listed federal hazardous air pollutants be identified as TACs. In 1999, CARB identified particulate emissions from diesel-fueled engines as a TAC. CARB is required to review the emission sources of an identified TAC to determine if any regulatory action is necessary to reduce the risk. This is typically referred to as risk management. No guidance has been issued on impact analysis or control measures for diesel emissions. There were no major source toxic emission sources found in the ARB’s Facility Search Database2 within a two-mile radius of the Butte Site (AES, 2005).

According to the 2005 California Almanac of Emissions and Air Quality, the majority of the estimated health risk from TACs can be attributed to relatively few compounds, the most important being diesel PM. Diesel PM differs from other TACs in that it is not a single substance, but rather a complex mixture of hundreds of substances.

The identification of diesel particulate matter (DPM) as a toxic air contaminant in 1998 led CARB to adopt the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-fueled Engines and Vehicles (Plan) in September 2000. See Section 3.1.4 for a more detailed description of DPM and the state’s Plan.

Sensitive Receptors

Current land uses in the vicinity of the Butte Site are largely rural and forested, although rural residences are present in the vicinity of the site. There are also residences on the Butte Site.

EXISTING AIR QUALITY

Air quality is usually defined by the amount of pollutants are emitted into the air by sources and by the concentrations that are present in the ambient air. The following is a description of most current air quality conditions available in the vicinity of the Butte Site.

Emission Sources

Emissions are estimated and documented through the combined effort of the Butte County AQMD and CARB. Emissions for the entire of Butte County are presented on CARB’s website http://www.arb.ca.gov/ei/emissiondata.htm.

Table 3.2.4-1 summarizes estimated 2004 emissions of key criteria air pollutants from major categories of air pollutant sources. For each pollutant, estimated emissions are presented for Butte County, as a whole and no further spatial refinement is available.

2 http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php



Since ozone is a reaction between reactive organic gases (ROGs) and nitrous oxides (NOx), to get a clearer picture of the relative contribution to ozone, you have to evaluate emissions of both. NOx is a primarily a product of complete combustion of fossil fuels and the vehicular influence on Butte County emissions is apparent. “Other mobile sources” contribute 45.2% of the total NOx and “on-road motor vehicles” contribute an additional 44.4%. Of the “other mobile sources”, the primary contributors are trains, farm equipment, and off-road equipment (primarily construction). ROG is largely an evaporative emission, albeit also a product of incomplete combustion, therefore major contributors are less definitive. The largest single category of ROG emissions is from “on-road motor vehicles” (29.7%) but the other two largest contributing categories are “other mobile sources” (23.0% of the total) and “solvent evaporation” (22.5%).The primary “on-road motor vehicle” contributors are light duty automobiles, while off-road recreational vehicles, off-road equipment, and recreational boats are the largest contributors of “other mobile source” emissions and asphalt paving & roofing is the largest contributor of “solvent evaporation”.

CO comes primarily from “on-road motor vehicles” (48.1%), “miscellaneous processes” (26.0%), and “other mobile sources” (22.6%). Again light duty vehicles, waste burning & disposal, and off-road equipment and off-road recreational vehicles are the major sources.

Both PM10 and PM2.5 are almost completely the result of “miscellaneous processes” (81.8% of PM10 and 73.1% of PM2.5 emissions). The two subcategories in “miscellaneous processes” that are the major contributors are unpaved road dust and farming operations. Since PM2.5 is more likely from combustion sources, the soil relocating categories are less meaningful. PM2.5

emissions come mostly from combustion-related sources, i.e. residential fuel combustion and waste burning & disposal.

Ambient Data

The Butte County AQMD and California Air Resources Board (CARB) collect ambient air quality data through a network of air monitoring stations. The closest air quality monitoring station to the Butte Site is located in Paradise on Airport Road, approximately 17 miles northwest of the Butte Site. This site only monitors O3. There is another monitoring site in Paradise, on Birch Street, which is approximately 20 miles northwest of the Butte Site that monitors PM10.The nearest PM2.5 site is in Gridley, approximately 23 miles southwest of the Butte Site. A full monitoring site is located in Chico, which is approximately 29 miles west northwest of the Project. At the Chico site O3, PM10, and PM2.5 are monitored. The data is summarized annually and is available on the web at http://www.arb.ca.gov/aqd/aqdpage.htm. Table 3.2.4-2 provides a



TABLE 3.2.4-1 BUTTE COUNTY 2004 ANNUAL EMISSIONS (tpy)

Emission Categories ROG CO NOx PM10 PM2.5

Fuel Combustion Manufacturing and Industrial 0.01 0.05 0.26 0.01 0.01 Food and Agricultural Processing 0.03 0 0.26 0.02 0.02 Service and Commercial 0.02 0.07 0.37 0.01 0.01 Other (Fuel Combustion) 0.05 4.39 0.67 0.12 0.20

Waste Disposal Incinerators 0 0 0 0 0 Other (Waste Disposal) 0 0 0 0 0

Cleaning and Surface Coatings Laundering 0 0 0 0 0 Degreasing 0.46 0 0 0 0 Coatings and Related Process Solvents 1.48 0 0 0 0 Printing 0.01 0 0 0 0 Adhesives and Sealants 0.11 0 0 0 0 Other (Cleaning and Surface Coatings) 0 0 0 0 0

Petroleum Production and Marketing Oil & Gas Production 0.10 0.12 0.03 0 0 Petroleum Refining 0 0 0 0 0 Petroleum Marketing 0.73 0 0 0 0

Industrial Processes Chemical 0 0 0 0 0 Food and Agriculture 0 0 0 1.52 0.89 Mineral Processes 0.01 0.01 0.01 0.53 0.20 Metal Processes 0 0 0 0 0 Wood and Paper 0.14 0 0.01 1.58 0.97 Other (Industrial Processes) 0 0 0.02 0.41 0.06

Solvent Evaporation Consumer Products 1.58 0 0 0 0 Architectural Coatings & Related Process Solvents 0.65 0 0 0 0 Pesticides/Fertilizers 0.80 0 0 0 0 Asphalt Paving / Roofing 2.81 0 0 0 0

Miscellaneous Processes Residential Fuel Combustion 1.28 18.38 0.67 2.78 2.68 Farming Operations 0.38 0 0 5.65 1.25 Construction and Demolition 0 0 0 1.07 0.22 Paved Road Dust 0 0 0 3.37 0.57 Unpaved Road Dust 0 0 0 7.59 1.61 Fugitive Windblown Dust 0 0 0 0.28 0.06 Fires 0.01 0.12 0 0.01 0.01 Waste Burning and Disposal 1.60 19.15 0.13 2.20 2.08 Cooking 0.04 0 0 0.11 0.06

On-Road Motor Vehicles Light Duty Passenger 2.87 23.60 2.06 0.08 0.05 Light Duty Trucks 2.86 27.72 2.62 0.08 0.05 Medium Duty Trucks 0.57 5.45 0.67 0.02 0.01 Light Heavy Duty Gas Trucks 0.28 1.85 0.19 0 0 Medium Heavy Duty Gas Trucks 0.38 2.69 0.17 0 0 Heavy Heavy Duty Gas Trucks 0.20 2.93 0.26 0 0 Light Heavy Duty Diesel Trucks 0.02 0.06 0.32 0 0 Medium Heavy Duty Diesel Trucks 0.02 0.14 0.72 0.02 0.02 Heavy Heavy Duty Diesel Trucks 0.14 0.62 2.76 0.07 0.06 Motorcycles 0.21 1.17 0.04 0 0 Urban Buses 0.07 0.73 0.22 0 0 School Buses 0.02 0.22 0.10 0 0 Motor Homes 0.09 2.39 0.20 0 0

Other Mobile Sources Aircraft 0.47 4.40 0.24 0.02 0.02 Trains 0.15 0.58 3.75 0.10 0.09 Recreational Boats 1.21 5.07 0.21 0.10 0.08 Off-Road Recreational Vehicles 2.06 7.79 0.16 0.01 0 Off-Road Equipment 1.32 11.80 3.03 0.23 0.21 Farm Equipment 0.45 3.03 3.12 0.21 0.19 Fuel Storage and Handling 0.32 0 0 0 0

GRAND TOTAL 26.01 144.51 23.27 28.20 11.68 Source: California Air Resources Board, 2005



three-year summary listing the highest annual concentration observed at the Paradise monitoring stations for O3 (one-hour) and O3 (eight-hour), and PM10; the Gridley station for PM2.5; and the Chico station for O3 (one-hour) and O3 (eight-hour), PM10, and PM2.5 for the years 2002-2004. Table 3.2.4-2 also includes the corresponding standards.

Climate Change

Climate change is a global issue; the location of the source that emits greenhouse gas (GHG) is not relevant to the analyses of climate change; therefore, the regulatory and background information in Section 3.1.4 is applicable to the Butte site.

TABLE 3.2.4-2 AIR QUALITY DATA SUMMARY (2002-2004) FOR THE BUTTE SITE AREA

Monitoring Data by Year Pollutant Standard 2002 2003 2004

Ozone - Paradise Highest 1-hour average, ppm 0.112 0.101 0.103

Days exceeding CAAQS 0.09 9 5 2

Days exceeding NAAQS 0.12 0 0 0

Highest 8-hour average, ppm 0.101 0.091 0.094


Ozone - Chico Highest 1-hour average, ppm 0.100 0.092 0.088

Days exceeding CAAQS 0.09 2 0 0


Highest 8-hour average, ppm 0.083 0.076 0.073


Particulate Matter (PM10) - Paradise Highest 24-hr Measurement, µg/m3 51 44 44

Calculated Days* exceeding CAAQS 50 0 0 0

Calculated Days exceeding NAAQS 150 0 0 0

State Annual Average 20 NA NA 17.8

National Annual Average 50 19.5 16.7 18.5

Particulate Matter (PM10) - Chico Highest 24-hr Measurement, µg/m3 92 54 110

Calculated Days exceeding CAAQS 50 36.5 5.8 30.2

Calculated Days exceeding NAAQS 150 0 0 0

State Annual Average 20 28.8 21.7 28.8

National Annual Average 50 28.2 21.3 28.1

Particulate Matter (PM2.5) - Chico Highest 24-hr Measurement, µg/m3 84 33 65

Days exceeding NAAQS 65 1 0 0 State Annual Average 12 15.1 15.9 16.5 National Annual Average 15 15.1 10.5 15.1

* Calculated days – the estimated number of days if measurements would have been taken daily

ppm = parts per million; µg/m3 = micrograms per cubic meter; NA = not available

Bold numbers are exceedances

Source: CARB, California Air Quality Data Summaries, 2005



REGULATORY CONTEXT

The impacts of air pollution on health and other aspects of the quality of life are considered harmful by regulatory agencies such as the USEPA. Several federal, state, and local regulations and programs exist to protect and improve air quality in the Sacramento Valley Air Basin, as described in Section 3.1.4 and below (where specific to Butte County or the Butte Site).

Governing Agencies

Butte County Air Quality Management District (BCAQMD)

The BCAQMD was established in 1967 by the State Legislature through the “Mulford-Carrell Air Resources Act” which provided local air districts with the primary responsibility for the control of non-vehicular sources of air pollution. The BCAQMD lies within the northern Sacramento Valley Air Basin. The air basin is a geographical region to describe an area with a commonly shared air mass, since air pollution knows no political boundaries.

The BCAQMD is given the responsibility of achieving and maintaining healthful air quality in Butte County. This is accomplished through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues.

Butte County

Local government's responsibility for air quality increased significantly with the passage of the CCAA and the federal CAA amendments. Both of these pieces of legislation place new emphasis on reducing motor vehicle trips and vehicle miles traveled at the local level. Although the air districts are required to address state air quality standards by way of transportation control measures (TCMs) and indirect source programs in their air quality attainment plans, cities and counties, through their Councils of Government, are responsible for most implementation.

Local government responsibilities for air quality are found in four areas: (1) land use planning; (2) reviewing and mitigating the environmental impacts of development projects; (3) developing and maintaining the transportation infrastructure in the community, including transit systems; (4) implementing local air quality programs such as commute-based trip reduction and rideshare.

Governing Statutes

Federal Clean Air Act

The Federal Clean Air Act (FCAA) was enacted in 1970 and last amended in 1990 (42 USC 7401 et seq.) with the purpose of controlling air pollution and providing a framework for national, state, and local air pollution control efforts. Basic components of the FCAA and its amendments include national ambient air quality standards (NAAQS) for major air pollutants, hazardous air pollutants standards, state attainment plan (SIP) requirements, motor vehicle emissions standards, and enforcement provisions. Under Title I Part A Sections 107 (a), (b)(1), and (b)(2) of the



FCAA gave the responsibility to the states for enforcing the FCCA. Under the same Sections the state was given the right to create two or more districts to provide enforcement. Section 110 of the FCCA provides that each state and its districts may control emissions through enforceable permit actions.

National Ambient Air Quality Standards (NAAQS) Ambient air quality standards define clean air, and are established to protect even the most sensitive individuals in our communities. An air quality standard defines the maximum amount of a pollutant that can be present in outdoor air without harm to the public's health. Both the Air Resources Board (ARB) and the USEPA are authorized to set ambient air quality standards

As required by the FCAA, the USEPA has identified criteria pollutants and established National Ambient Air Quality Standards (NAAQS) to protect public health and welfare. NAAQS have been established for ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter (PM), and lead. Regulation of air pollution is achieved holding an area accountable to both national and state ambient air quality standards, as shown in Table 3.2.4-3,and setting emission limits for individual sources of air pollutants.

TABLE 3.2.4-3 CALIFORNIA AND NATIONAL AMBIENT AIR QUALITY STANDARDS

Pollutant Averaging Time CAAQSa NAAQSb

1 hour 0.09 ppm 0.12 ppmcOzone (O3) 8 hour 0.070 ppm 0.08 ppm

1 hour 20 ppm 35 ppm Carbon Monoxide (CO) 8 hour 9.0 ppm 9 ppm 1 hour 0.25 ppm NA Nitrogen Dioxide (NO2) Annual NA 0.053 ppm 1 hour 0.25 ppm NA 24 hour 0.04 ppm 0.14 ppm Sulfur Dioxide (SO2)Annual NA 0.030 ppm 24 hour 50 μg/m3 150 μg/m3

Respirable Particulate Matter (PM10) Annual 20 μg/m3 50 μg/m3

24 hour NA 65 μg/m3Fine Particulate Matter (PM2.5) Annual 12 μg/m3 15 μg/m3

Sulfates 24 hour 25 μg/m3 NA 30 day 1.5 μg/m3 NA

Lead Calendar Quarter NA 1.5 μg/m3

Hydrogen Sulfide (H2S) 1 hour 0.03 ppm NA Vinyl Chloride 24 hour 0.010 ppm NA

Notes: a CAAQS (i.e., California standards) for ozone, carbon monoxide, sulfur dioxide (1-

hour and 24-hour), nitrogen dioxide, and respirable particulate matter are values that are not to be exceeded. All other California standards shown are values not to be equaled or exceeded.

b NAAQS (i.e., national standards), other than ozone and those based on annual averages, are not to be exceeded more than once a year. The ozone standard is attained when the expected number of days per calendar year with maximum hourly average concentrations above the standard is equal to or less than one.

c The federal 1-hour ozone standard was officially revoked June 15, 2005. ppm = parts per million by volume; µg/m3 = micrograms per cubic meter; NA = Not Applicable. SOURCE: California Air Resources Board 2006.



NAAQS Attainment Status The USEPA has identified nonattainment and attainment areas for each criteria air pollutant, as described in Section 3.1.4. As shown in Table 3.2.4-4, Butte County is designated “basic’ nonattainment for the federal 8-hour ozone standard and either unclassifiable/attainment or unclassified for all other NAAQSs.

TABLE 3.2.4-4 BUTTE COUNTY NAAQS ATTAINMENT STATUS

Pollutant Federal Attainment Status Designation – Classification

Ozone (8-hour) Nonattainment

Respirable Particulate Matter (PM10) Unclassified

Fine Particulate Matter (PM2.5) Unclassified

Carbon Monoxide Unclassifiable/Attainment

Nitrogen Dioxide Unclassifiable/Attainment

Sulfur Dioxide Unclassified

Lead Unclassifiable/Attainment

Source: CARB 2005; AES, 2005

State Implementation Plan (SIP) The State Implementation Plan (SIP) is the document that sets forth the state’s strategies for achieving attainment with federal air quality standards, as described in Section 3.1.4.

California Clean Air Act California Ambient Air Quality Standards (CAAQS) To protect public health, ARB has adopted health based ambient (outdoor) air quality standards, as described in Section 3.1.4. According to CARB and as presented in Table 3.2.4-5, Butte County has been designated nonattainment and classified moderate under the 1-hour ozone designation and is nonattainment for the state PM10 24-hour and PM2.5 annual average standards. Butte County is either in attainment or unclassified for all other state standards.

An air pollution control district or air quality management district that includes an area designated as nonattainment for a particular pollutant, experiences several consequences under the law.First, state law requires nonattainment districts to develop plans for attaining the state standards for ozone, carbon monoxide, nitrogen dioxide, and sulfur dioxide. The nonattainment districts must submit these attainment plans to the Board for approval (H&SC §40911).

In 2003, the Legislature enacted Senate Bill 656, codified as Health and Safety Code (H&SC) section 39614, to reduce public exposure to PM10 and PM2.5. Under H&SC section 39614, the ARB was required to develop, by January 1, 2005, a list of the most readily available, feasible,



and cost-effective PM control measures available as of January 1, 2004 based on consultation with local air pollution control and air quality management districts (air districts) throughout the state of California. The resultant list is a collection of 103 rules that have been adopted by various air districts that reduce directly emitted PM or PM precursors (including oxides of nitrogen (NOx), oxides of sulfur (SOx) volatile organic compounds (VOCs), carbon monoxide (CO), air toxic emissions, and ammonia. By July 31, 2005, section 39614 required the ARB and air districts to adopt implementation schedules for appropriate ARB and air district measures. Finally, no later than January 1, 2009, the ARB must prepare a report describing actions taken to fulfill the requirements of the legislation as well as recommendations for further actions to assist in achieving the state PM standards. The bill requirements would sunset on January 1, 2011, unless extended. BCAQMD Board approved their implementation schedule in August 25, 2005, and has adopted the implementation schedule as it appears in Table 3.2.4-6.

TABLE 3.2.4-5 BUTTE COUNTY CAAQS ATTAINMENT STATUS

Pollutant State Attainment Status Designation – Classification

Ozone – 1-hour Nonattainment – Moderate

Respirable Particulate Matter (PM10) – 24-hour & annual average Nonattainment

Fine Particulate Matter (PM2.5) – annual average Nonattainment

Carbon Monoxide – 8-hour & 1-hour Unclassified

Nitrogen Dioxide – annual average & 1-hour Attainment

Sulfur Dioxide – 24-hour & 1-hour Attainment

Lead – 30-day average Attainment

Particulate Sulfate – 24-hour Attainment

Hydrogen Sulfide – 1-hour Unclassified

Visibility Reducing Particles -- 8-hour Unclassified

Source: CARB, 2005; AES, 2005

Finally, a district with an area designated as nonattainment for any of the remaining pollutants is not subject to any specific statutory planning requirements. However, such districts must adopt and enforce rules and regulations to expeditiously attain the state standards for these pollutants (H&SC sections 40001 and 40913). Furthermore, a nonattainment district has the option of developing and implementing an attainment plan or adopting regulations to control the emissions that contribute to these pollutants (H&SC section 40926).



TABLE 3.2.4-6 BCAQMD IMPLEMENTATION SCHEDULE UNDER SB656

If Cost-effective Emission Benefit Determined

CARB Control Measure Further Study Completed Consideration

by the Board If adopted, Full Implementation Date

Wood Burning Fireplaces and Wood Burning Heaters

Curtailment during period with predicted high PM levels

2005 2005 2005

Number of Units 2006 2007 2008

Replacement of Non-certified appliances upon sale of property

2006 2007 2008

Non-Agricultural Open Burning

Performance Standard for allowed Burns 2007 2008 2008

Fugitive Dust

Construction: Earthmoving 2007 2008 2009

Construction Demolition 2007 2008 2009

Construction Grading Operations 2007 2008 2009

Inactive Disturbed Land 2007 2008 2009

Bulk Materials Handling/Storage 2007 2008 2009

Carryout and Track-out 2007 2008 2009

Disturbed Open Area 2007 2008 2009

Unpaved parking Lots/Staging Areas 2007 2008 2009

Unpaved Roads 2007 2008 2009

Weed Abatement Activities 2007 2008 2009

Windblown Dust 2007 2008 2009

Windblown Dust-Construction/Earth Moving 2007 2008 2009

Windblown Dust – Bulk Materials/Storage Piles 2007 2008 2009

Composting and Related Operations (Measures reduce ammonia and VOC)

General Administrative Requirements 2007 2008 2009

Chipping And Grinding Operations 2007 2008 2009

Coating Operations (Measure reduce VOC)

Screen Printing Operations 2007 2008 2009 Source: BAAQMD, 2005

In areas designated as attainment or unclassified state law does not impose any specific planning requirements upon districts with areas designated as attainment or unclassified. However, state law does require that the state standards not only be attained but also, maintained. State law requires the districts and the Board to make a coordinated effort to protect and enhance the



ambient air quality (H&SC sections 39001 through 39003). As part of this effort, the districts must adopt rules and regulations sufficiently effective to achieve and maintain the state standards (H&SC section 40001 and 41500).

California Air Toxics Program The California Air Toxics Program establishes the process for the identification and control of toxic air contaminants and includes provisions to make the public aware of significant toxic exposures and for reducing risk, as described in Section 3.1.4.

BCAQMD Rules and Plans Rules and Regulations The regional agency primarily responsible for developing air quality plans for Butte County is the BCAQMD, the agency with permit authority over most types of stationary emission sources in the County. BCAQMD exercises permit authority through its rules and regulations.

BCAQMD rule making authority is specified by California Health and Safety Code Section 40702. In addition, the BCAQMD’s rules and regulations are based on other federal and state air quality requirements. Air quality rules and regulations are developed by staff and adopted by the BCAQMD’s Board of Directors with specific requirements for public notification and public comment periods during the rule development process. Details of BCAQMD Rules and Regulations can be seen at http://www.arb.ca.gov/drdb/but/cur.htm.

2003 Air Quality Attainment Plan The Air Districts in the NSVAB, including Butte County AQMD, prepared and adopted a uniform air quality attainment plan for the purpose of achieving and maintaining healthful air quality throughout the air basin. This plan is described in more detail in Section 3.1.4.

Federal Clean Air Act and Indian Tribes

The federal Clean Air Act authorizes USEPA to issue regulations specifying the provisions of the Act for which Indian Tribes may be treated in the same manner as states, as described in Section3.1.4. No such program exists for the Tribe, and thus, USEPA retains permitting authority for sources of air pollution located on the Butte Site as well as jurisdiction for Clean Air Act matters relative to the site.

State

In 1969, California established the first California Ambient Air Quality Standards (CAAQS), which are administered by CARB, as described in Section 3.1.4.



Local

BCAQMD

The BCAQMD achieves and maintains healthful air quality throughout Butte County through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues.

The BCAQMD performs the following tasks as part of their clean air strategy:

� Adopt rules that limit pollution, issue permits to ensure compliance, and inspect pollution sources.

� Administer an Agricultural Burning Plan to preserve air quality in Butte County, protect public health and safety, and ensure agricultural burning, as may be necessary, continues in a safe, regulated fashion.

� Inventory and assess the health risks of toxic air emissions.

� Monitor the county's air quality by a network of air quality monitoring stations throughout the air basin.

� Administer the Motor Vehicle Emission Reduction Program funding projects, which reduce air pollution from motor vehicles, and for related planning, monitoring, and enforcement.

� Prepare Clean Air Plans to identify how much pollution is in our air, where it comes from, and how to control it most effectively.

� Analyze the air quality impact of new businesses and land development projects.

� Respond to public complaints and inquiries.

� Work with other government agencies to ensure their decisions coordinate with good air quality programs.

� Help individuals and businesses understand and comply with federal, state, and local air pollution control laws.

� Inform the public about air quality conditions and health implications.

� Issue permits to build, alter, and operate equipment to companies under our jurisdiction that either cause, contribute to, or control air pollution.



Butte County

The Butte County General Plan Technical Update Policy Document Final Draft (Butte County, 2005) sets forth various air quality goals, policies, and programs. Many of the General Plan provisions benefit air quality indirectly by directing new growth and development in a manner that will reduce dependence on single occupant vehicle use and reduce overall vehicle miles traveled.

Climate Change

The regulatory context for the Butte site is the same as discussed in Section 3.1.4.



3.2.5 BIOLOGICAL RESOURCES

This section describes the biological resources that exist on the Butte Site, in Butte County, California. AES biologists conducted a biotic assessment and delineation of waters of the U.S. for the Butte Site on December 28 and 29, 2005. Field assessments consisted of walking transects through the site. All visible fauna and flora were noted and identified to the lowest possible classification; habitat types occurring in the study area were characterized and evaluated for their potential to support regionally occurring special-status species. The Butte Site was assessed for the presence of waters of the U.S., isolated wetlands, and other biologically sensitive features.

REGULATORY ENVIRONMENT

Biological resources are regulated at both the federal and state levels. Federal and state regulations for biological resources for the Butte Site are similar to those for the Yuba Site, except that the Butte Site is the Butte Site is currently in federal trust status, so state jurisdiction does not apply to the site. At the federal level, the U.S. Fish and Wildlife Service (USFWS) regulates federally listed Threatened and Endangered species and those species proposed for listing, the National Marine Fisheries Service (NMFS) regulates living marine resources (including anadromous fishes, e.g. salmon and steelhead), the U.S. Army Corps of Engineers (USACE) regulates the fill of wetlands, and migratory birds are protected under the Migratory Bird Treaty Act of 1918. At the state level, the California Department of Fish and Game (CDFG) regulates state listed Threatened and Endangered species, and alterations to lakes and streambeds. The Butte Site has federal trust status, so state provisions are not directly applicable to the site.

REGIONAL SETTING

The climate in the vicinity of the Butte Site is moderate, with an average rainfall of approximately 27 inches of rain per year in the nearby City of Oroville. Characteristic terrestrial habitat types occurring within the region of the Butte Site include annual grassland, oak woodland, chaparral, and riparian woodland. Aquatic habitats in the project region include seasonal and perennial drainages, seasonal wetlands, lacustrine, and riverine habitats. The Butte Site is steeply sloped, ranging in elevation from 1576 feet in the northwest corner of the site to 1365 feet in the southeast corner of the site. This site is currently held in trust for the Enterprise Rancheria. The site is undeveloped, with the exception of several residences located on-site. Rural residential uses make up the majority of surrounding land uses.

HABITAT TYPES

Habitat types occurring within the Butte Site include chaparral, mixed woodland/chaparral, ruderal/developed, palustrine emergent wetland, and seasonal emergent wetland. Table 3.2.5-1 provides of summary of habitat types occurring on-site (Figure 3.2.5-1).


Figure 3.2.5-1Butte Site – Habitat Map

SOURCE: USGS Aerial Photograph, 1998; AES, 2007

Drainages

Wetland Features

Chaparral

Mixed Woodland / Chaparral

Ruderal / Developed

Butte Site

LEGEND

0 150 300

Feet



TABLE 3.2.5-1 SUMMARY OF HABITAT TYPES ON THE BUTTE SITE

Habitat Type Acres Percentage of Habitat Area

Chaparral 2.28 6%

Mixed woodland/chaparral 31.65 78%

Ruderal/developed 6.23 15%

Palustrine and seasonal emergent wetlands 0.05 1%

Total 40.21 100%

Source: AES, 2006

Chaparral

Chaparral habitat with characteristics of montane manzanita chaparral and Northern mixed chaparral as identified in Holland, 1986, occurs on site. The chaparral habitat exists in areas of the southwestern portion of the site, generally on sloping terrain. Vegetation is thick in this habitat with canopies approximately five feet high. Dominant vegetation associated with this chaparral habitat included: whiteleaf manzanita (Arctostaphylos viscida), toyon (Heteromeles arbutifolia), Pacific madrone (Arbutus menziesii), and Scotch broom (Cytisus scoparius).

Mixed Woodland/Chaparral

The mixed woodland/chaparral habitat has characteristics of the chaparral community described above, as well as those of a pine/oak habitat. The chaparral community within this habitat is not as thick and the shrub layer canopy not as tall as in the chaparral community described above. This mixed woodland/chaparral habitat extends over the majority of the Butte Site. Dominant vegetation associated with the mixed woodland/chaparral habitat included: ponderosa pine (Pinusponderosa), interior live oak (Quercus wislizenii), gray pine (Pinus sabiniana), and California black oak (Quercus kelloggii), as well as vegetation listed above for the chaparral community.

Ruderal/Developed

Ruderal/Developed areas within the Butte Site consisted of several buildings, roads, an old railroad grade, and other disturbed areas. Building structures, such as mobile homes, sheds, houses, and outbuildings were located in the northeast corner of the site, near the center of the site, in the southeast corner of the site, and on the southern edge of the site. Areas around the structures are disturbed and often littered with debris. An old railroad grade extends from the southwest corner of the site to the eastern boundary of the site. Dominant vegetation associated with ruderal/developed areas included: turkey mullein (Eremocarpus setigerus) and horseweed (Conyza canadensis).



Palustrine Emergent Wetland

A small pond occurs in the southern portion of the Butte Site, just north of the railroad cut. On December 29, 2005, AES biologists delineated this palustrine emergent wetland with GPS technology. Water enters the pond from an unnamed creek to the north and slowly drains into the same unnamed drainage to the south. Four small springs are present on site. These springs form pools of no more than 5 feet by 5 feet within bermed areas. Water from these springs is contained within these small pools and does not flow into creeks or channels. Dominant vegetation associated with palustrine emergent wetland habitat includes: Juncus sp., Himalayan blackberry (Rubus discolor), and Polystichum sp.

Seasonal Emergent Wetland

Two seasonal emergent wetlands occur within the Butte Site. An emergent wetland exists in the northwestern corner of the site and another exists in the southwestern corner of the site. Both wetlands occur within wide areas of an unnamed creek, where the bank of the creek widens and becomes undefined. Dominant vegetation associated with these wetland included: California buttercup (Ranunculus californicus), English plantain (Plantago lanceolata), Juncus sp., and tall flatsedge (Cyperus eragrostis).

WATERS OF THE U.S.

A formal wetland delineation for the presence of jurisdictional “waters of the U.S.” and isolated wetland features on the Butte Site was conducted by AES biologists on December 28 and 29, 2005. Two seasonal emergent wetlands, a palustrine wetland, four springs, and nine unnamed creeks of varying lengths exist on the Butte Site. The wetland areas total 0.05 acres and the creek features total 6,271 linear feet. These wetland features are depicted in Figure 3.2.5-2. A full delineation report is included in Appendix J.

A seasonal emergent wetland is located in the northwest corner of the Butte Site and totals approximately 0.007 acres. This wetland is formed in the wide area of a small drainage, where the drainage fans out and the bank becomes undefined. A second seasonal emergent wetland is located near the southern boundary of the property, where two small drainages meet. This wetland is approximately 0.022 acres. A palustrine emergent wetland is located near the southern boundary of the site, off of the centermost drainage that runs through the site. This wetland is approximately 0.026 acres.

Four small springs are located within the northern half of the Butte Site. These springs are surrounded by constructed berms. Water from the springs form a pool of not more than 5 feet by 5 feet around each spring. Water from these springs does not disperse or form drainages or channels.

E

F

G

H

I

A

D

B

C

Pit 2Pit 1

WETLAND 1

WETLAND 3WETLAND 2

SOURCE: USGS Aerial Photograph, 1998; AES, 2007Enterprise Rancheria Casino EIS / 202527

Figure 3.2.5-2Delineation of Waters of the United States – Butte Site

Butte Site

Wetlands

Soil Pits

WATERS OF THE U.S.

0 75 150

Feet

NO

RT

H

Drainages Length Width Acreage Acreage

Springs

Intermittent Channel A 388 2.5 0.02

Intermittent Channel B 548 2.5 0.03

Intermittent Channel C 108 2.5 0.006

Intermittent Channel D 1647 2.5 0.09

Intermittent Channel E 1389 2.5 0.08

Intermittent Channel F 257 2.5 0.01

Intermittent Channel G 61 2.5 0.003

Intermittent Channel H 497 2.5 0.03

Intermittent Channel I 1375 2.5 0.08

Seasonal Emergent Wetland 1 0.0007

Seasonal Emergent Wetland 2 0.022

Palustrine Emergent Wetland 3 0.026

TOTAL OF ALL WETLAND FEATURES: 0.4001 acres

DELINEATORS: Tim Armstrong, Latisha Burnaugh 12/05

Spring 1 5 5

Spring 2 5 5

Spring 3 5 5

Spring 4 5 5

0.0006

0.0006

0.0006

0.0006



Nine small drainage features exist on the Butte Site. Two drainages start near the northern boundary of the site and run through the southern boundary. These drainages are 1,647 and 1,389 linear feet within the project boundary and are approximately 1 to 3 feet wide. Two drainages enter the Butte Site from the north and join in the northern portion of the site. The larger of these two drainages is 1 to 3 feet wide and approximately 1,375 linear feet within the project boundary. The smaller of the two is 1 to 2 feet wide and approximately 497 linear feet between the northern project boundary and where it meets with the larger of the drainages. Two small drainages enter the Butte Site from the west and join with the westernmost drainage that runs through the site. These drainages are 388 and 548 linear feet between the western project boundary and where they meet with the larger creek. Three small drainages start in the southern portion of the Butte Site. From west to east, they are 109, 257, and 61 linear feet between where they originate and where they either end or exit Butte Site boundary.

WILDLIFE

A variety of wildlife may use the habitats that occur on the site. Species observed or identified (via call, scat, remains, burrows, or direct identification) on the site and in adjacent habitats included: California quail (Callipepla californica), wrentit (Chamaea fasciata), western scrub jay (Aphelocoma californica), house finch (Carpodacus mexicanus), mockingbird (Mimus polyglottos), American robin (Turdus migratorius), Anna’s hummingbird (Calypte anna), and blacktail deer (Odocoileus hemionus).

SPECIAL-STATUS SPECIES

Special status species that may potentially be affected by the Proposed Project were compiled based upon: a review of pertinent literature, aerial photographs, site topographic maps, consultation with the USFWS and other local experts, results of a query of the CNDDB, and CNPS for reported occurrences of special-status species within the “Forbestown, California” USGS 7.5 minute topographic quadrangles and adjacent five quadrangles (Rackerby, Bangor, Brush Creek, Berry Creek, and Oroville Dam), mapped occurrences within 5 miles of the site, and from the results of biological field surveys. The USFWS, CNDDB, and CNPS lists are provided in Appendix J.

The CNDDB was queried for occurrences of special-status species. All resultant occurrences within a five-mile radius of the site were plotted using ArcView 3.3 GIS software (Figure 3.2.5-3). Table 3.2.5-2 contains those state and CNPS listed species with a potential to occur on site that were reported by CNDDB within five miles of the Butte Site. Habitat requirements for each of these special-status species were assessed and compared to the habitats occurring within the

SOURCE: "Yuba City, CA" USGS 100K Topographic Quadrangle;Mount Diablo Baseline and Meridian; California Natural Diversity-Database, 2006; AES, 2007


Figure 3.2.5-3Butte Site – CNDDB 5-Mile Radius Map

LEGEND

5-Mile Radius

Butte Site

Brandegee's clarkia

Butte County fritillary

Mosquin's clarkia

bald eagle

northern goshawk

pallid bat

white-stemmed clarkia

0 4,500 9,000

Feet



property and adjacent areas. Table 3.2.5-3 consists of the federal species that have suitable habitat on the site or are reported to occur within the Butte Site and vicinity. Those species that are both state and federally listed are addressed in Table 3.2.5-3. None of the species listed in Table 3.2.5-2 or Table 3.2.5-3 were observed in the field surveys. However, the field surveys were not performed within the blooming period of the special status plant species, or within the nesting period of special status bird species.

Special-status state listed species are recognized by state agencies, the California Native Plant Society (CNPS), or other conservation organizations because of their rarity or vulnerability to habitat loss or population decline. Species recognized at the state or local level generally receive no specific protection on tribal land taken into trust by the federal government.

For the purposes of this EIS, federally listed species include those plant and animal species that are listed as endangered or threatened under the Federal Endangered Species Act (FESA), candidates for listing, or formally proposed for listing.

State and CNPS-Listed Species

Plant Species Four CNPS-listed plant species are reported within five miles of the site, Brandegee’s clarkia (Clarkia biloba ssp. brandegeeae), white-stemmed clarkia (Clarkia gracilis ssp. albicaulis),Mosquin’s clarkia (Clarkia mosquinii), and Butte County fritillary (Fritillaria eastwoodiae).Suitable habitat for these species occurs on site. None of these species were observed during the December 2005 field surveys; however these surveys were not conducted within the bloom period for these plant species.

Bird Species Two state-listed bird species are reported within five miles of the site, northern goshawk (Accipiter gentiles) and bald eagle (Haliaeetus leucocephalus). Suitable habitat for these species occurs within the woodland communities within the site. The bald eagle is further discussed in the Federal Species section below. These species were not observed during the December 2005 field surveys, however these surveys were not conducted within the nesting period or ideal identification period for these birds.

Mammal Species One state-listed mammal species is reported to occur within five miles of the site, pallid bat (Antrozous pallidus). This species has the potential to occur within the abandoned trailers and structures on the site. This species was not observed during the December 2005 field surveys.



TABLE 3.2.5-2 STATE AND CNPS LISTED SPECIES

Scientific NameCommon name

State/CNPSStatus Distribution Habitat Requirements

Ideal Period of Identification

PLANTS Clarkia biloba ssp.brandegeeae Brandegee’s clarkia

--/1B Known from Butte, El Dorado, Nevada, Placer, Sierra, and Yuba Counties.

Chaparral and woodland, often in roadcuts.

May – July

Clarkia gracilis ssp. albicaulis white-stemmed clarkia

--/1B Known from Butte and Tehama Counties. Chaparral and woodland, sometimes in serpentine soil.

May – July

Clarkia mosquinii Mosquin’s clarkia

--/1B Found in Butte County. Known to occur in rocky, roadside areas of cismontane woodland and lower montane coniferous forest.

May – July

Fritillaria eastwoodiaeButte County fritillary

--/3 Reported from Butte, Nevada, Placer, Shasta, Tehama, and Yuba counties.

Chaparral, cismontane woodland, and openings of lower montane coniferous forest. Also found in serpentinite soils of these habitats. Elevation range from 164-4921 feet.

March-May

ANIMALS Birds Accipiter gentilis northern goshawk

CSC/-- Known occurances within Siskiyou, Tehama, Mendacino, Lassen, Trinity, Lake, Sierra, Shasta, Plumas, Modoc, Placer, Mono, El Dorado, Butte, Fresno, Humboldt, Nevada, Tuolumne, Inyo, Mariposa, Tulare, Calavaras, and Glenn Counties.

Nesting within, and in the vicinity of coniferous forests. Nesting usually occurs on north slopes near water. Nesting trees typically include red fir, lodgepole pine, jeffrey pine, and aspens.

June 1 - August 15 (nesting)

MammalsAntrozous pallidus pallid bat

CSC/-- Much of western North America, from central Mexico to British Columbia. In California, throughout most of state.

Especially common in open, lowland areas, generally below 2,000 meters. Roosts in cliffs, abandoned buildings, bird boxes, and under bridges.

All Year

STATUS CODES:STATE: California Department of Fish and Game CNPS: California Native Plant Society CE Listed as Endangered by the State of California List 1A Plants presumed extinct in California CT Listed as Threatened by the State of California List 1B Plants rare or endangered in California and elsewhere CSC California Species of Special Concern List 2 Plants rare or endangered in California, but more common elsewhere Source: California Natural Diversity Data Base, 2003; CNPS, 2006.



Based upon the review of regionally occurring federally listed species and their habitat requirements, and the results of the field assessment, the property and/or surrounding vicinity represents potential habitat for four federally listed species. The name, regulatory status, habitat requirements, and period of identification for these species are identified in Table 3.2.5-3.

Species occurring within the “Forbestown” USGS 7.5 minute quadrangle and the adjacent five quadrangles (Rackerby, Bangor, Brush Creek, Berry Creek, and Oroville Dam) were assessed for regionally occurring special-statues species. Thirteen federally listed species and one critical habitat are identified by the USFWS as occurring within these quadrangles. The Butte Site is not within the range of the identified critical habitat for California red-legged frog. Listed fish and vernal pool species were eliminated from consideration due to lack of habitat on or within the immediate vicinity of the Butte Site. There are no streams suitable for fish habitat on or adjacent to the property, therefore the potential for the project to affect listed fish species is negligible.There are no vernal pools or swales in the area. The giant garter snake (Thamnophis gigas) and the fisher (Martes pennanti) were also eliminated from consideration due to a lack of occurrences within the vicinity of the Butte Site and a lack of suitable habitat on site. While occurrences of the giant garter snake have been listed in Butte County, there are no reported occurrences of the snake specifically listed within the above-mentioned quadrangles in the CNDDB RareFind database (2003). The nearest occurrence of the fisher to the Butte Site was approximately nine miles from the site and was reported in 1969 (CNDDB, 2003). No fishers have been reported in the above-mentioned quadrangles or in Butte County since that date.

Federally Listed Species

Plant Species One federally-listed plant species is reported by the USFWS as having the potential to occur within the “Forbestown, California” USGS 7.5 minute topographic quadrangles and adjacent five quadrangles (Rackerby, Bangor, Brush Creek, Berry Creek, and Oroville Dam), Layne’s butterweed (Senecio layneae). This species has the potential to occur within the site.

Layne’s ragwort (Senecio layneae)

Federal Status – Threatened

Layne’s ragwort is a perennial herb, typically found in chaparral habitats and cismontane woodland habitats, often with rocky, serpentinite or gabbroic soils. Elevations in which this plant exists are between 200 and 1,000 meters. Occurrences of Layne’s ragwort have been reported in Butte, El Dorado, Tuolumne, and Yuba Counties. The blooming period for this plant is between April and August.



TABLE 3.2.5-3 FEDERAL SPECIAL STATUS SPECIES LIST

Scientific NameCommon name

Federal Status Distribution Habitat Requirements

Ideal Period of Identification

Plants Senecio layneaeLayne’s ragwort

FT Butte, El Dorado, Tuolumne, and Yuba counties.

Found in rocky areas in chaparral habitat and cismontane woodland habitat in serpentine or gabbroic soil. Elevation ranges 656 to 3,281 ft.

April - July

Amphibians Rana aurora draytonii California red-legged frog

FT Currently found in coastal drainages from Marin County south to Baja California, Mexico. Range extends from the bay area and the central coast also along the Sierra Nevada Range within the remaining distribution of the species, only isolated populations have been documented in the Sierra Nevada, northern Coast, and northern Transverse ranges. Believed to be extirpated from the southern Transverse and Peninsular ranges, but still present in Baja California, Mexico.

Lowlands and foothills in or near permanent or late-season sources of deep water with dense, shrubby, or emergent vegetation.

May - November

Rana muscosa Mountain yellow-legged frog

FE Known populations from Alpine, El Dorado, Placer, Mariposa, Riverside, Nevada, Tuolumne, Fresno, Inyo, Mono, Sierra, San Bernadino, Los Angeles, Amador, and Calavaras Counties

Found in wet areas such as streams and rivers, wetlands, and riparian forest. Always found within a few feet of water. May require 2 years to complete aquatic development.

May - August

BirdsHaliaeetus leucocephalus Bald eagle

FT Throughout North America. Breeding sites are closely tied to bodies of water in mountainous habitats.

February - July

STATUS CODES:FEDERAL: U.S. Fish and Wildlife Service and National Marine Fisheries Service FE Listed as Endangered by the Federal Government FT Listed as Threatened by the Federal Government FPE Proposed for Listing as Endangered FPT Proposed for Listing as Threatened FC Candidate for Federal Listing

Source: U.S. Fish and Wildlife Service, 2006.



The nearest recorded occurrences of Layne’s ragwort to the Butte Site are near the town of Brownsville, approximately 7.4 and 7.8 miles from the Butte Site. These records are from 1997 and indicate that the plants occurred in disturbed areas in ponderosa pine/chaparral habitats (CNDDB, 2003). While Layne’s ragwort was not observed in the December, 2005 field surveys conducted by AES biologists, these surveys were not conducted within the bloom period of this plant. As the Butte Site contains ponderosa pine and chaparral habitats and has disturbed areas, suitable habitat for this species occurs on site..

Invertebrate Species Two federally listed invertebrate species are reported as having the potential to occur within the “Forbestown” and adjacent five quadrangles, vernal pool fairy shrimp (Branchinecta lynchi) and valley elderberry longhorn beetle (Desmocerus californicus dimphorphus). The vernal pool fairy shrimp does not have the potential to occur on site, as there were no vernal pools within the site. No elderberry shrubs were observed within the site, so the valley elderberry longhorn beetle does not have the potential to occur on site.

Fish Species Four federally listed species and one candidate species are reported as having the potential to occur within the “Forbestown” and adjacent five quadrangles, delta smelt (Hypomesus transpacificus), Central Valley steelhead (Oncorhynchus mykiss), Central Valley spring-run Chinook salmon (Oncorhynchus tshawytscha), winter-run Chinook salmon Sacramento River (Oncorhynchus mykiss), and Central Valley fall/late fall-run Chinook salmon (Oncorhynchustshawytscha). These fish species do not have the potential to occur on site, as there are no streams suitable for fish habitat on or adjacent to the site.

Amphibian Species One federally listed amphibian species and one amphibian candidate species are reported as having the potential to occur within the “Forbestown” and adjacent five quadrangles, the California red-legged frog (Rana aurora draytonii) and the mountain yellow-legged frog (Ranamuscosa) respectively. These species have the potential to occur within the channels and wetland areas within the site.

California red-legged frog (Rana aurora draytonii)

Federal Status – Threatened The breeding period for the California red-legged frog (CRLF) is from November to April. Habitat of CRLF is characterized by dense, shrubby riparian vegetation associated with deep, still or slow-moving water. The shrubby riparian vegetation that structurally seems to be most suitable for CRLF is provided by arroyo willow (Salix lasiolepis). Cattails (Typha sp.) and bulrushes (Scirpus sp.) also provide suitable habitat. Although CRLF can occur in ephemeral or



permanent streams or ponds, populations probably cannot be maintained in ephemeral streams in which surface water disappears.

The nearest recorded occurrences of CRLF to the Butte Site are at Hughes Pond, at the headwaters of Jack Creek, approximately 11.6 miles from the Butte Site. These records are from 1998 and 1999 and occur in a spring-fed mill pond, in a meadow dominated by introduce grasses and surrounded by pine forest (CNDDB, 2003). While CRLF was not observed in the December 2005 field surveys conducted by AES biologists, the Butte Site contains potential CRLF habitat.

Mountain yellow-legged frog (Rana muscosa)

Federal Status – Endangered The mountain yellow-legged frog inhabits lakes, meadow streams, isolated pools, and sunny riverbanks. In southern California this species inhabits rocky streams, open streams and lake edges with gentle slopes. The Mountain yellow-legged frog is found at elevations ranging from 984 feet to over 12,000 feet. This species is distributed from the Sierra Nevada mountains from north of the Feather river in Butte County, to Tulare County, and in isolated locations in the San Gabriel, San Bernardino, and San Jacinto mountains, and on Mt. Palomar. Additionally, this species may be found outside of California in Nevada around the Lake Tahoe area. The breeding period of the mountain yellow-legged frog is from March to June at lower elevations and from May to August at higher elevations.

The nearest recorded occurrence of mountain yellow-legged frog to the Butte Site is at Pinkard Creek, 1.1 miles directly north of Lost Creek Reservoir, approximately 12 miles from the Butte Site. This record is from 1997 and includes only one emaciated adult female mountain yellow-legged frog found in a meadow adjacent to Pinkard Creek (CNDDB, 2003). While the mountain yellow-legged frog was not observed in the December, 2005 field surveys conducted by AES biologists, these surveys were not conducted within the breeding period of this species. The Butte Site contains pond areas and creeks, which represent potential mountain yellow-legged frog habitat.

Reptile Species One federally listed reptile species is reported as having the potential to occur within the “Forbestown” and adjacent five quadrangles, giant garter snake (Thamnophis gigas). This species does not have the potential to occur on the site, as this species requires more permanent streams than the drainages on the Butte Site. While there have been reported occurrences of this species within southern Butte County, there are no reported occurrences of this snake within the above-mentioned quadrangles in the CNDDB RareFind database (2003).



Bird Species One federally listed bird species is reported as having the potential to occur within the “Forbestown” and adjacent five quadrangles, bald eagle (Haliaeetus leucocephalus). This species has the potential to occur within the site.

Bald Eagle (Haliaeetus leucocephalus)

Federal Status – Threatened In 1995, the USFWS reclassified under the Endangered Species Act of 1973 (Act), as amended, the bald eagle from endangered to threatened in the lower 48 states, excluding Michigan, Minnesota, Wisconsin, Oregon and Washington where it is currently listed as threatened. In the mid-1970’s the USFWS established five recovery programs based on geographical distribution of the species. Because recovery goals were met, the bald eagle was federally reclassified to threatened status in California.

Bald eagles typically nest in forested areas, relatively close (usually less than 2 km) to water that offers foraging opportunities. The bird feeds opportunistically, feeding on a variety of mammals and birds. It prefers, however, eating fish, and seeks out aquatic habitats for foraging (Buehler, 2000).

The nearest recorded occurrence of bald eagle to the Butte Site is at the Spring Hollow territory, south of the Middle Fork of the Feather River Arm of Lake Oroville, approximately 3,807 feet from the Butte Site. This record is from 1997 and indicates a nest in this area (CNDDB, 2003). Additional nesting sites have been recorded approximately 6.3 miles from the site on Fall River and approximately 12.5 miles from the site in the Big Bend Area (CNDDB, 2003). While water bodies adequate for bald eagle foraging do not exist on site, the Middle Fork of Lake Oroville is approximately 1.8 km from the Butte Site. Trees within the Butte Site could represent potential nesting habitat for the bald eagle. The bald eagle was not observed in the December 2005 field surveys conducted by AES biologists.

Mammal Species One candidate mammal species is reported as having the potential to occur within the “Forbestown” and adjacent five quadrangles, fisher (Martes pennanti). This species does not have the potential to occur within the site, as human activity and disturbance within the project area does not make it ideal habitat for this species. The nearest occurrence of the fisher to the Butte Site was approximately nine miles from the site and was reported in 1969 (CNDDB, 2003). No fishers have been reported in the above-mentioned quadrangles or in Butte County since that date.



Migratory Bird Species

Migratory bird and raptor species may, potentially nest in trees located on or within the immediate vicinity of the Butte Site. Under the Migratory Bird Treaty Act of 1918 (16 USC §703-711), migratory bird species, and their nests and eggs, that are on the federal list (50 CFR §10.13) are protected from injury or death, and project-related disturbances must be reduced or eliminated during the nesting cycle. Birds observed during the December, 2005 field survey are listed above in Section 3.2.5.4.



3.2.6 CULTURAL AND PALEONTOLOGICAL RESOURCES

CULTURAL RESOURCES

An archaeological survey was completed of the Butte (Enterprise 1) Site by AES (2006) (Appendix K). Tasks completed as part the archaeological survey included a records search and literature review, and an intensive pedestrian survey of the Area of Potential Effects (APE). The study report followed the general guidelines set forth by the California Office of Historic Preservation for archaeological resource management reports. All cultural resources work was performed in compliance with Section 106 of the National Historic Preservation Act (NHPA) as amended, and its implementing regulations found at 36 CFR 800. The area surveyed consisted of approximately 40 acres of land composed of a flat terrace and moderate to steep slopes. According to the records search, most of the Butte Site has previously been surveyed for cultural resources by Peter Jensen in 1979. His study resulted in the identification and recording of CA-BUT-691, a large prehistoric Native American archaeological site. Jensen recommends that this resource be avoided by ground disturbance and that the site appears eligible to the NRHP. Jensen’s study also mentions the presence of a historic-period railroad grade that runs through a portion of the Butte Site, but did not record it. Historical maps also depict the railroad grade and refer to it as Feather River Railway (USGS Big Bend Mtn., 1948).

During the field survey portion of the present study, CA-BUT-691 was relocated and the historic-period railroad grade was identified as being an extension of CA-BUT-1855H. CA-BUT-1855H was first identified in a previous study on an adjacent property to the east, this portion being a western segment of it. Both resources were mapped and photographed for the purposes of updating the existing site records (see Appendix K) and are described in the following Findings sections.

Prehistoric and Ethnographic Context of the Region

A prehistoric cultural sequence has been established for the “Oroville Locality” on the basis of research undertaken during the past two decades (Moratto, 1984:299-302). This work has documented at least 2,000 years of aboriginal occupation which is represented by five cultural complexes beginning with the Mesilla Complex (dated as prior to A.D. 1) and terminating with the Historic Complex (dated after A.D. 1850). Each of the five complexes is characterized by a set of distinctive traits and are summarized from Moratto (1984) in the following discussion. The Mesilla Complex reflects sporadic (seasonal) occupation of the foothills between circa 1000 B.C. and 1 A.D. by people who hunted with the atlatl and dart and processed foods in bowl mortars and on millingstones. Artifacts such as Haliotis beads, charmstones, and bone pins show contact with Sacramento Valley cultures. Between A.D. 1 and 800, the Bidwell Complex people lived in relatively permanent villages from which smaller task groups moved out to hunt, fish, and collect acorn. The use of large slate and basalt projectile points continued and steatite vessels for cooking begin appearing in the artifact assemblages. At permanent villages the dead were



buried in flexed, dorsal or lateral positions. The Sweetwater Complex, A.D. 800-1500, is identified by distinctive Olivella bead and Haliotis ornament forms, an expanded steatite industry, and tubular smoking pipes. Small, lightweight projectile points show that the bow and arrow were in use by A.D. 800 and around A.D. 1000 mortuary preferences evolved from flexed to extended or semi extended interments.

The Oroville Complex represents the protohistoric Maidu culture from A.D. 1500 until the malaria epidemic of 1833. Oroville Complex components include bedrock mortars for acorn processing, incised bird bone tubes, gorge hooks, and clamshell disc beads. Several kinds of structures, including large circular dance houses, were erected. Burials lay tightly flexed on their sides, occasionally under stone cairns; cremation was not practiced. The Oroville sequence ends with the Historic Complex, which represents the 19th century abandonment of traditional settlements and practices.

At the time of Euro-American settlement, the study areas were included in the territory controlled by the Northwestern Maidu, also referred to as Konkow (Riddell 1978:370). The Maidu are Penutian speakers and are divided into three distinct dialects. The Maidu were hunter-gathers who lived in relatively rich environments with large carrying capacities that allowed for dense populations with complex social structures. For an in-depth discussion of Maidu ethnography please refer to Section 3.1.6.1.

Prehistoric Resources Findings

The archaeological survey of the Butte Site identified CA-BUT-691, a previously recorded prehistoric archaeological resource. This site is located within the Enterprise Rancheria but outside the APE. The site is in relatively good condition with the only major disturbance consisting of residential structures. The site boundary was defined by observed cultural components and topography, and was recording using global positioning system (GPS).

Significance Evaluation – CA-BUT-691

For management purposes this site should be treated as eligible to the National Register of Historic Places (NRHP) under Criterion D for its potential to contain data important to understanding the prehistory of California.

Historic Context of the Region

The Butte Site is located in Butte County, approximately 3 miles from the City of Oroville. Butte County, named for the Sutter Buttes located to the south in Sutter County, is one of the original 27 counties of the state.



The first settlers in the Oroville area were Colonel John Tatum and other miners who came to the site on the Feather River in 1849, and in 1850 a mining camp established there was named Ophir City (Hoover et al., 1990:38). In 1855, several businesses were established, and the first brick building was erected for McWilliams' & Tymeson's bank on the corner of Myers and Montgomery streets, soon destined to become the busiest intersection in the northern mines. Numerous taverns and hotels also rose in the town to support the influx of miners. What made all this excitement possible was completion of the Feather River and Ophir Water Company's ditch from Stringtown on the Feather to the Oroville diggings. It would supply an adequate source of water so that miners could process their placer gold. By the time 1856 arrived, Oroville, meaning "the City of Gold" (Gudde, 1998:272), would be acknowledged as the fourth largest city in California and the most populated mining town in the state. In 1856, with the establishment of a post office, the town was renamed Oroville. During this period Oroville’s importance had increased so much that it became the county seat, formerly located in Bidwell’s Bar. The new county seat soon became a trading center for the surrounding mining operations throughout the foothills. At this time there were six daily stages running between Oroville, Marysville, Spanishtown, Shasta, Bangor, and Bidwell for the purposes of transporting people and supplies to the mines and nearby settlements. Beginning in the late 1850s and continuing through the 1880s, hydraulic mining was the chief industrial activity in Oroville and evidence of hydraulic operations can still be seen throughout the area in the form of ditches, canals, old flumes, and deeply scarred hills.

Other mining communities in the Oroville area included the community of Bangor, located approximately 10 miles southeast of Oroville, which derived its name from the Lambert brothers, who settled there from Bangor, Maine in 1855 (Hoover et al., 1990:41). Northwest of Bangor, the community of Wyandotte was mined by a band of Indians of the same name in 1850. Today, these communities are used for orchard agriculture, and the former mining ditches have been reappropriated for irrigation.

The decline of hydraulic mining in the late 1870s was followed by the development of the gold dredging industry, which originated at Oroville and from there spread around the world. Oroville today benefits from the rich agricultural region nearby and by tourism and vacation activities generated by the Lake Oroville Recreation Area. When Oroville Dam was built in 1967, approximately 2 miles southwest of the Butte Site, much of the material for its construction came from the tailings left by the gold dredges in the Oroville area.

Enterprise Rancheria

The Enterprise Rancheria of Maidu Indians was federally recognized as a sovereign Indian tribe on April 20, 1915. At that time, a census conducted by the Indian Agent who purchased the parcels that became the Rancheria, listed 51 members of the Tribe for whom the parcels were



being purchased, including seven members who resided in Yuba County. The Enterprise Rancheria considered as their traditional homeland the land within the Feather River drainage. In 1915 and 1916, the United States purchased two 40-acre parcels of land for the Enterprise Rancheria. Enterprise 1, as the first parcel became known, was settled by the Walters family, whose matriarch had been in residence there at the time of purchase from the Central Pacific Railway. This land was purchased by the U.S. Government under the Homeless Indian Acts of June 21, 1906. The second parcel purchased became known as Enterprise 2. The Enterprise Rancheria, as a whole, was the intended beneficiary of both acquisitions, although no trust patents were ever issued on either parcel. The Walters family and the Tribe have always regarded Enterprise Rancheria 1 as being primarily for the benefit of the descendants of Emma Walters and have treated the land accordingly.

To this day, Enterprise 1 has served only as the private domain of descendants of the Walters family. While the parcel was intended for use of all homeless Enterprise Rancheria members, only members of the Walters family have resided there. The parcel has limited access and services, and the Tribe does not maintain any offices on the parcel. Enterprise 1 is also referred to as the Butte Site in this EIS. Many other Tribal members settled on Enterprise 2, which was also acquired for the Tribe in 1916 from the Central Pacific Railway. A number of current Tribal members were born or raised on Enterprise 2, which was closer to work and schools and provided a more convenient residential location than the more isolated Enterprise 1 parcel. In 1965, Enterprise Rancheria 2 was sold in a condemnation sale allowing the eventual construction of the Oroville Dam. Although four individual members of the Tribe received proceeds of the sale, the Tribe itself was never compensated by the United States for this taking. Most of Enterprise 2 is now subject to inundation from Oroville Reservoir and remains largely under water. With the sale of the Enterprise 2, the people of the Enterprise Rancheria, having lost their developed land base as well as their homes and their community, were forced to scatter throughout the surrounding foothill communities and the Sacramento Valley in search of affordable housing opportunities.

However, because the sale of Enterprise 2 was not a termination under the authority of the Rancheria Act, the Tribe retained its federally recognized status despite the loss of half of its land base. In 1995, the BIA recognized the Tribal Council and General Council of the Estom Yumeka Maidu of the Enterprise Rancheria as the duly constituted governing body of the Tribe with jurisdiction over its members and the remaining tribal lands. A recent decision of the Interior Board of Indian Appeals has confirmed that, even though two non-contiguous parcels were purchased for the Enterprise Indians, there is only one Enterprise Tribe.



Historic Resources Findings

The archaeological survey of the Butte Site identified a portion of CA-BUT-1855H, a historic-period railroad grade. Built in 1921 under direction of the Bechtel Construction Company to service lumber mills in Feather Falls, this historic-period resource consists of an abandoned narrow gauge railroad grade that runs through a portion of the Rancheria. A portion of this resource located outside the Rancheria was first recorded by Ritter in 2001 as part of a report documenting cultural resources along a powerline right-of-way project. None of the tracks remain and portions of the grade have been used to store abandoned cars. The grade ranges in width from 12-15 feet. Information obtained from Frank Watson, a former resident of the Rancheria, indicates that the railroad was abandoned and the tracks removed in the mid-1960s as part of the construction of Oroville Dam.

Significance Evaluation – CA-BUT-1855H

The segment of CA-BUT-1855H that crosses the Enterprise Rancheria is not known to be associated with the lives of persons important to California’s cultural heritage (Criterion B), nor does embody a distinctive type or method of design (Criterion C), and is not likely to yield any more information to California’s history beyond its recordation (Criterion D). A more appropriate criterion would be its association with the historical theme of transportation of the late 1800s (Criterion A). However, the integrity of the setting, association, and feeling of this railroad grade have been altered by impacts that have taken place over the past century. These impacts include removal of the railroad tracks sometime in the 1960’s, severe erosion, and physical modifications by residents of the Rancheria. Therefore, while the remaining remnants of this railroad grade may appear to meet criterion A, because of its association with the theme of early transportation in the Sierra Nevada Mountains, they do not portray the importance of this theme as well as might a railroad alignment where the original elements of that railroad are intact.Moreover, this segment of the railroad grade itself is not distinctive and has no intrinsic characteristics that set it apart from other remnants of historic railroad grades in this area. Evaluation of the historical significance of this segment of CA-BUT-1855H found that it does not meet the criteria for inclusion on the NRHP.

PALEONTOLOGICAL RESOURCES

This section presents documentation on paleontological resources on the Butte Site and in the surrounding region, as well as an analysis on the potential for unreported paleontological resources to be present on the Butte Site. Paleontological resources are defined as the traces or remains of prehistoric plants and animals. Such remains often appear as fossilized or petrified wood or skeletal matter, imprints or endocasts, and reside in sedimentary rock layers.



Regional Geological Formation

The region including the Butte Site is situated in the foothills of the Sierra Nevadas. It is composed primarily of granite and granitic intrusive igneous formations, which formed as a result of magma displacement caused by the subduction of the Farallon Plate in the formation of California. Subsequent erosion and Pleistocene glacial activity have stripped the older top layers from the Sierra Nevada, and regional freeze and thaw patterns have washed the matter as alluvium into the lower elevations, including the Great Valley Province.

Records and Literature Search

The online database at the University of California Museum of Paleontology (UCMP) was consulted in January of 2006. Records were found for 111 fossil-bearing localities throughout Butte County, consisting mainly of marine and nonmarine vertebrates and invertebrates. The age range of Butte County’s UCMP fossil record dates from the Carboniferous Period (360 to 286 million years before present [BP]) up to the Quaternary Period (1.8 million years BP to present).

Paleontological Findings

No paleontological resources have been reported in the available literature for the Butte Site. The nearest fossil discovery to the Butte Site is reported by UCMP as being approximately 10 miles southwest and across Lake Oroville, within the limits of the City of Oroville. The specimen on file for the Oroville locality is a single bird egg with no species identified.

No known paleontological resources occur on the Butte Site. While the soils on site are not typically associated with the presence of paleontological materials, fossils have been identified in the general area. Therefore there is the potential for unreported subsurface paleontological resources to be present on-site.



3.2.7 ECONOMIC CONDITIONS AND ENVIRONMENTAL JUSTICE

SOCIOECONOMIC CHARACTERISTICS OF ENTERPRISE RANCHERIA

Enterprise Rancheria Population and Labor

The existing socioeconomic conditions of the Tribe are discussed in Section 3.1.7.1.

SOCIOECONOMIC CHARACTERISTICS OF THE BUTTE SITE REGION

Butte Site

Population

The Butte Site is located in an unincorporated portion of southeastern Butte County approximately eleven miles northeast of the City of Oroville. The largest city in Butte County, Chico, is located approximately 35 miles northwest of the Butte Site. As shown in Table 3.2.7-1,the population of Butte County grew from 182,120 in 1990 to 214,185 in 2005. Population growth from 1990 to 2000 in Butte County was approximately 12% and from 2000 to 2005 was approximately 5%. A majority of population growth in Butte County over the fifteen-year period can be attributed to growth in Chico. The population of Chico grew from 39,970 in 1990 to 73,558 in 2005. Population growth from 1990 to 2000 in Chico was approximately 50% and from 2000 to 2005 23%. In fact, population growth in Chico from 1990 to 2000 accounts for 92% of population growth in Butte County and from 2000 to 2005 population growth in Chico was greater than in Butte County. Therefore, the population in other cities and unincorporated areas of Butte County decreased. The population of Oroville grew from 11,858 in 1990 to 13,369 in 2005. Population growth from 1990 to 2000 in Oroville was approximately 10% and from 2000 to 2005 was approximately 3%. The rate of growth in Butte County was slightly less than the State of California over both periods, which experienced approximately 14% growth from 1990 to 2000 and approximately 7% growth from 2000 to 2005.

TABLE 3.2.7-1 REGIONAL POPULATION

Location 19901 20001 20053

Oroville 11,858 13,000 13,369 Chico 39,970 59,800 73,558 Butte County 182,120 203,717 214,185 California 29,760,021 33,871,648 36,132,147

Source: 1 California Department of Finance, 2002. 2 California Department of Finance, 2006.

Economy and Employment

Table 3.2.7-2 shows the Butte County labor market including labor force participation, which is defined as those residents over the age of 16 that are employed and those unemployed who are actively seeking work, as well as the division of the labor force into employed residents and the



percentage of unemployed residents. The labor force of Butte County grew from 93,100 in 2000 to 99,300 in 2005, an increase of approximately 7%. The unemployment rate of the labor force grew from 6.1% in 2000 to 6.5% in 2005. The labor force of Chico accounts for about one-third the labor force of Butte County, and grew from 31,000 in 2000 to 33,100 in 2005, also an increase of approximately 7%. The unemployment rate of Chico was almost identical to Butte County, but 1% higher in both periods. The change in the labor force in Butte County from 2000 to 2005 was 2% greater than California. While the unemployment rate of California was lower in both years, over the 15-year period the state experienced a greater increase in unemployment.

TABLE 3.2.7-2 REGIONAL LABOR FORCE

2000 2005Location Labor

Force Employed Unemployment Rate

Labor Force Employed Unemployment

RateChico 31,000 29,100 6.2% 33,100 30,900 6.6% Butte County 93,100 87,400 6.1% 99,300 92,800 6.5% California 16,857,500 16,024,300 4.9% 17,695,600 6,746,900 5.4%

Source: CEDD, 2006. Note: Labor force market data not available for Oroville.

According to the United States Census Bureau in 2002 the largest industries in Butte County based on employment, were retail, health and social assistance totaling 48% of industries. Other primary employment industries were manufacturing, food and accommodation services.

Housing

Table 3.2.7-3 shows the housing market of Butte County and California. Total housing units in Butte County grew from 76,115 in 1990 to 91,668 in 2005. During the same period vacancy rates in Butte County grew from 5.9% in 1990 to 6.8% in 2005. The total number of housing units in Butte County grew 11,519 or approximately 15% from 1990 to 2000. Growth can be primarily attributed to growth in the number of units in Chico, which was 7,185 and accounted for approximately 62% of Butte County housing unit growth. Additionally, Oroville experienced growth in housing units from 4,809 in 1990 to 5,376 in 2000. The only fluctuation to vacant housing rates in Butte County over this period was a 2% decrease for the entire County. The total number of housing units in Butte County grew 4,034 or approximately 5% from 2000 to 2005. Growth can also be primarily attributed to growth in the number of units in Chico. In fact, growth in the total number over units over this period in Chico was 6,911 or 29%, which was a greater total than in Butte County. Additionally, Oroville experienced growth in housing units from 5,376 in 1990 to 5,677 in 2000, a 6% increase. Therefore, the total number of housing units decreased in the remaining cities and unincorporated areas of Butte County. Vacancy rates over this period decreased 23% in Chico, increased 50% in Oroville, and increased 17% in Butte County. From 1990 to 2005, the California experienced growth in the total number of housing units of



approximately 16 % and an approximately 18% decrease in vacancy rates. Compared to California Butte County had a 4% greater increase in units, but an increase in vacancy rates of 15%.

The 2000 Census provides Journey to Work data, which estimates the percentage of working residents that reside in Butte County that are also employed in Butte County. According to the Census data, approximately 91% of all employed Butte County residents are employed within Butte County (U.S. Census Bureau, 2003a).

TABLE 3.2.7-3 REGIONAL HOUSING

19901 20001 20052

Location Housing Units Vacant Housing Units Vacant Housing Units Vacant

Oroville 4,809 6.6% 5,376 6.6% 5,677 9.9% Chico 16,248 4.8% 23,433 4.8% 30,344 3.7% Butte County 76,115 5.9% 87,634 5.8% 91,668 6.8% California 11,182,513 7.2% 12,242,576 7.4% 12,945,237 5.9%

SOURCE: 1 California Department of Finance, 2000. 2 California Department of Finance, 2005.

Income

As shown in Table 3.2.7-4, in 1999 Butte County households reported a median household income of $31,924, and 19.8% of residents living below the poverty level. Chico reported a median household income slightly above Butte County at $31,924, and Oroville reported a household median income below Butte County at $28,287. Median household income in Butte County, Oroville, and Chico are all substantially lower than California, which reported a median household income of $47,493.

TABLE 3.2.7-4 AREA MEDIAN HOUSEHOLD INCOME (1999)

Location Median Household Income Oroville $28,287 Chico $32,262 Butte County $31,924 California $47,493

Source: U.S. Census Bureau, 2000a.

Community Infrastructure

Since 1992/1993 enrollment in public schools in Butte County has increased from 32,271 to 33,385 in 2004/2005, a 3.5% increase. Statewide from 1992 to the present, public school enrollment has increased from 5,195,777 to 6,312,103, a 21.5% increase. Compared to California, enrollment in Butte County has increase at substantially lesser rate than the state. The



student to teacher ratio for 2004/2005 was 19.7 for Butte County, which is lower than the state average of 21.0 (Ed-Data, 2003).

Feather Falls Elementary school is the closest school to the Butte Site, located approximately six miles to the east of the Butte Site. Feather Falls Elementary School oversees grades K-8. The school has a total enrollment of 50 students and a staff of 4 teachers, resulting in a student to teacher ratio of 13:1. Central Middle School is the closest middle school to the Butte Site, located approximately twelve miles west of the Butte Site. Central Middle School oversees grades 7 and 8. The school has a total enrollment of 846 students and a staff of 44 teachers, resulting in a student to teacher ratio of 19:1. Oroville High School is the closest high school to the Butte Site, located approximately twelve miles to the west of the Butte Site. Oroville High School oversees grades 9-12. The school has a total enrollment of 1,115 students and a staff of 47 teachers, resulting in a student to teacher ratio of 24:1 (Local School Directory.com, 2006).

The Butte County Library system consists of six branches located in the cities of Biggs, Chico, Durham, Gridley, Oroville, and Paradise. The closest library to the Butte Site is located in Oroville approximately 11 miles southwest of the Butte Site. The City of Oroville also has four city parks located within the city limits within proximity to the library. These include Hammon Park covering 5 acres, Hewitt Park covering 7.55 acres, Rotary Park covering 2.14 acres, and Sank Park.

ENVIRONMENTAL JUSTICE

Policy/Regulatory considerations

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority and Low-Income Populations, as amended, directs federal agencies to develop an Environmental Justice Strategy that identifies and addresses disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations.

Census Tracts in the Vicinity of the Butte Site

Butte County census tracts that were analyzed for characteristics relevant to an environmental justice analysis include Census Tract 24 that contains the Butte Site and census tracts that are adjacent and relatively close to Census Tract 24. Adjacent census tracts were not necessarily included for the Butte Site due to their expansive coverage of area or separation by large physical barriers. Figure 3.2.7-1 displays the census tracts in the vicinity of the Butte Site.

Race

Census 2000 data represents the most current racial data available by census tract. Although this data is more than five years old, the racial composition of census tracts is not expected to have



changed substantially. Conservative assumptions will be applied to any borderline situations where a minor change in racial composition could affect the minority status of a census tract. Table 3.2.7-5 displays the population of each minority race according to census tract for identified Butte County census tracts.

As shown in Table 3.2.7-5, none of the census tracts surveyed consists of a minority population 50% or more of the total population. In fact, both census tracts surveyed have a substantial white population. Since the minority population in each of the Butte County census tracts is below the 50 percent minority threshold the populations are not considered to constitute any minority communities.

TABLE 3.2.7-5 MINORITY POPULATION – BUTTE SITE AND ADJACENT CENSUS TRACTS

CensusTract

Total 2000 Population

Total Population: Hispanic or

Latino

Total population:

not Hispanic or Latino; population of one race;

Black or African

American alone

Total population:

not Hispanic or Latino; population of one race; American Indian and

Alaska Native alone

Total population:

not Hispanic or Latino; population of one race; Asian alone

Total population:

not Hispanic or Latino; population of one race;

Native Hawaiian and Other

Pacific Islander

alone

Total population:

not Hispanic or Latino; population of one race; some other race alone, other than

white

Total population:

not Hispanic or Latino; population of two or

more races

Total population:

minority Percent minority

24 4,770 234 36 163 25 12 10 204 684 14%

26 5,330 220 38 71 58 6 4 123 520 10%

SOURCE: U.S. Census Bureau, 2000a.

Income

Census 2000 data represents the most current household income data available by census tract. Income levels reported in Census 2000 are for wages earned in 1999. The use of older income data is expected to result in a conservative estimate of income, given that income levels tend to rise over the years due to inflation. Table 3.2.7-6 displays the median household income and poverty income limit for each census track surveyed. A low-income community is defined as a census tract where the median household income falls below the poverty limit.

As shown in Table 3.2.7-6, the 1999 median household income of each census tract surveyed in the vicinity of the Butte Site was greater than the poverty threshold. The poverty threshold for each census tract was determined from the average household size of the census tract. The poverty threshold assumes average household size is conservatively rounded up to the nearest person (U.S. Census Bureau, 2003b). Since none of the census tracts have a median household income less than the determined poverty thresholds, the populations do not constitute low-income communities.



TABLE 3.2.7-6 HOUSEHOLD INCOME – BUTTE SITE AND ADJACENT CENSUS

TRACTS

Census Tract Median Household Income (1999)

Average Household Size Poverty Threshold

24 $29,021 2.3 $10,869

26 $39,040 2.2 $10,869

SOURCE: U.S. Census Bureau, 2000a.

Tribal Gaming Market

The nearest gaming facilities to the Butte site are the Gold Country Casino and Feather Falls Casino located southwest of the site approximately 9 and 11 miles, respectively. The next closest gaming facility is Colusa Casino located approximately 42 miles southwest of the Butte site. Other nearby gaming facilities include Rolling Hills Casino located approximately 50 miles to the northwest and Thunder Valley Casino located approximately 65 miles to the south. Casinos located within the gaming market that includes the Butte Site are further discussed in Appendix M.

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BUTTE COUNTY

TEHAMA COUNTY

YUBA COUNTY

PLUMAS COUNTY

GLENN COUNTY

SUTTER COUNTY

COLUSA COUNTY

NEVADA COUNTY

STA

TE H

WY

99

STATE HWY 162

STATE HWY 70 E

STATE HWY 149


Figure 3.2.7-1Butte Site and Area Census Tracts

SOURCE: ESRI Data, 2005; AES 2006

0 2.5 5

Miles

LEGEND

Census Tracts

BUTTE SITE

NO

RT

H



3.2.8 RESOURCE USE PATTERNS

TRANSPORTATION

This section summarizes the existing transportation system in the Butte Site vicinity. More detailed information is provided in Appendix O.

Existing Roadway System

The following roadways serve the Butte Site:

State Route 162 (SR-162) is currently a four-lane arterial between State Route 70 (SR-70) and Oroville-Dam Boulevard and a two lane rural roadway east of Oroville-Dam Boulevard. The roadway begins at State Route 99 (SR-99) west of the City of Oroville, extends through Oroville and continues northeast away from the City.

State Route 70 (SR-70) is a north-south rural highway, which begins in Sacramento County at Interstate 5 (I-5) as a joint divided four-lane highway with SR-99 and extends north past Oroville, then turning east towards Plumas County. Therefore, the route provides direct access to the cities of Sacramento, Marysville, to the south and Chico via SR-99 and State Route 149 (SR-149) to the north.

Forbestown Road is a two-lane roadway which continues east from SR-162 past Lumpkin Road and terminates at La Porte Road. The roadway is presently a paved, low traffic-volume rural road.

Lumpkin Road is also a paved, two-lane roadway, which starts at Forbestown Road and extends north past Oregon Creek Road. The roadway crosses the Miners Gulch Canal east of Lake Oroville via Enterprise Bridge, which has a two-lane cross-section with attached sidewalks.

Craig Access Road is an unpaved, two-lane road providing access to the Butte Site. The roadway begins at Lumpkin Road on the south and curves northwest towards Lake Oroville.

Study Roadway Segments/Intersections

Figure 3.2.8-1 presents the existing lane configuration and traffic control, along with roadway and intersections selected for analysis in accordance to direction from the California Department of Transportation (Caltrans) and Butte County.

Roadway Segments � SR-162 between SR-70 and Feather River Boulevard � SR-162 between Feather River Boulevard and Lincoln Boulevard � SR-162 between Lincoln Boulevard and Meyers Street

ORODAMBLVD

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BLVD

6 SR 162/ OROVILLE-

QUINCY HIGHWAY

7SR 162/

FOOTHILL BLVD.

9 SR 162/

OAKVALE AVE.

81 SR 70 NORTHBOUND

RAMP/SR 162

2SR 70 SOUTHBOUND

RAMP/SR 162

SR 162/

LINCOLN BLVD.

4SR 162/

FEATHER RIVER BLVD.

3 SR 162/

MEYERS ST.

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FORBESTOWN RD.

10 12FORBESTOWN RD./

LUMPKIN RD.

11 13

162

162

162

70

ALTERNATIVE SITE

EXISTING LANE CONFIGURATION

FIGURE 1

LEGEND

HIGHWAY

STREETS

LAKE

STUDY INTERSECTION

TURNING MOVEMENT

STOP SIGN

CHANNELIZED

TRAFFIC SIGNAL

3

SCALE

IN MILES

0 .5.25

TRANSPORTATION

g

LUMPKIN RD./

CRAIG ACCESS RD.

CRAIG ACCESS RD./

SITE ACCESS


Figure 3.2.8-12005 Existing Lane Configuration and Traffic Control

SOURCE: LSC Transportation Consulting, Inc., 11/17/2005; AES, 2006



� SR-162 between Meyers Street and Foothill Parkway � SR-162 between Foothill Parkway and Oroville-Quincy Highway � SR-162 between Oroville-Quincy Highway and Oakvale Avenue � SR-162 between Oakvale Avenue and Kelly Ridge Road � SR-162 between Kelly Ridge Road and Forbestown Road � Forbestown Road between SR-162 and Lumpkin Road � Lumpkin Road between Forbestown Road and Oregon Creek Road � Oregon Creek Road between Lumpkin Road and Site Access

Intersections� SR-162/SR-70 Southbound Ramps � SR-162/SR-70 Northbound Ramps � SR-162/Feather River Boulevard � SR-162/Lincoln Boulevard � SR-162/Meyers Street � SR-162/Foothill Parkway � SR-162/Oroville-Quincy Highway � SR-162/Oakvale Avenue � SR-162/Kelly Ridge Road � SR-162/Forbestown Road � Forbestown Road/Lumpkin Road � Lumpkin Road/Oregon Creek Road

Existing Transit System

The B-Line transit program provides transit services in Butte County, including service in Oroville. Routes connect Oroville with Paradise, Chico, and Gridley/Biggs. The closest existing service to the potential project site is a stop at SR-162/Tyme Way (11 miles from the project site), which is served by Route 26 on five runs per day.

Existing Bicycle and Pedestrian System

There are currently no pedestrian and bicycle facilities along any of the roadways (Forbestown Road, Lumpkin Road and Oregon Creek Road) within the project vicinity. SR-162 does contain attached sidewalks within the City of Oroville limits, however they terminate several miles prior to the SR-162 intersection with Forbestown Road.

Level of Service Analysis

Intersection Level Of Service

Intersection volumes in the Butte Site area were evaluated to determine existing operational conditions for the peak hours of traffic. Using the traffic count data presented as part of this



study, Level Of Service (LOS) was calculated during peak periods on the various intersections serving the study area. The 2000 Highway Capacity Manual methodologies, as applied in the Traffic Software Package, were used for all LOS analyses. Appendix O presents the detailed LOS calculations performed for this project.

Table 3.1.8-1 relates the operational characteristics associated with each level of service category for both signalized and unsignalized intersections.

LOS Standards

According to the City of Oroville General Plan, LOS standards for all arterial and collector streets shall maintain LOS C during the PM peak hour at signalized intersections and the procedures outlined in the Transportation Research Board Transportation Research Circular No. 212 shall be used to establish peak hour LOS. Standards state that LOS C shall be maintained in rural areas and the procedures in the most recent Highway Capacity Manual shall be used to establish peak hour LOS. An exception to the City LOS standards states that where LOS is described as “D”, “E” or “F” in Tables 6-1 through 6-3 in the Circulation Element of the City of Oroville General Plan and studies confirm that LOS C cannot be met, the City “will take appropriate action to assure that LOS is maintained as close to LOS ‘C’ as is feasible” (City of Oroville, 1996). This exception applies to three study roadway segments, Table Mountain Boulevard between Feather River and Grand Avenue, Oroville and Quincy Highway east of Oroville Dam Boulevard and Orange Avenue east of Oroville Dam Boulevard. These three roadway segments show LOS D as acceptable.

Caltrans applies standards to State highways as described in Section 3.1.8.

2005 No Project Conditions

Traffic counts were collected on weekdays in September 2004 on the study roadway segments and intersections for the PM peak period to determine whether the study roadway segments are currently operating in a safe and efficient manner. As September represents a peak traffic period, no adjustments to the count data collected are necessary. This assumption was verified by a comparison between traffic count data collected by Caltrans in June 2003 and counts taken in September 2004 by LSC Transportation Consultants.

Traffic Volumes

Traffic volumes for the 2005 Existing No Project condition are presented in Figure 3.2.8-2.

Daily Roadway Segment Operations

The 2000 Highway Capacity Manual methodologies were used to analyze daily roadway segment LOS.

ORODAMBLVD

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OAKVALE AVE.

81 SR 70 NORTHBOUND

RAMP/SR 162

2SR 70 SOUTHBOUND

RAMP/SR 162

SR 162/

LINCOLN BLVD.

4SR 162/

FEATHER RIVER BLVD.

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MINERS RANCH RD./

KELLY RIDGE RD.

9 SR 162/

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ALTERNATIVE D EXISTING 2005 P.M. PEAK-HOUR TRAFFIC VOLUMES

EV

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FIGURE 2

LEGEND

HIGHWAY

STREETS

LAKE

STUDY INTERSECTION

TURNING MOVEMENT

TRAFFIC VOLUME

3

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IN MILES

0 .5.25

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BLVD

LUMPKIN RD./

CRAIG ACCESS RD.

CRAIG ACCESS RD./

SITE ACCESS


Figure 3.2.8-22005 Existing No Project Traffic Volumes

SOURCE: LSC Transportation Consulting, Inc., 11/17/2005; AES, 2006



The following study roadway segments exceed the LOS threshold as shown in Table 3.2.8-1:

� SR-162 between Meyers Street and Foothill Boulevard. � SR-162 between Foothill Boulevard and Oroville-Quincy Highway. � SR-162 between Oroville-Quincy Highway and Oakvale Avenue.

TABLE 3.2.8-1 2005 EXISTING (NO PROJECT) ROADWAY SEGMENT LOS

Roadway Segments V/C Density1 LOS SR-162 Meyers St to Foothill Blvd 0.51 E SR-162 Foothill Blvd to Oroville-

Quincy Hwy 0.35 D

SR-162 Oroville-Quincy Hwy to Oakvale Ave 0.42 D

Notes: 1V/C = Volume to Capacity. The V/C ratio is reported for all segments except Forty Mile Road, for which density is reported. 2The roadway LOS for multi-lane highway is measured based on the speed-flow and density-flow relationship. The LOS is defined in density of the traffic flow (passenger car per miles per lane). Bold shaded text indicates the conditions exceed LOS thresholds.

Source: LSC Transportation Consultants, Inc., 2006; AES, 2006.

TABLE 3.2.8-2 2005 EXISTING (NO PROJECT) INTERSECTION LOS

2005 Existing (No Project)

Worst Approach Total Intersection Intersection CriticalApproach Control Type

Delay (Seconds) LOS Delay

(Seconds) LOS

SR-162/SR-70 SB Ramps - Traffic Signal - - 13.6 B SR-162/SB-70 NB Ramps - Traffic Signal - - 24.9 C SR-162/Feather River Blvd - Traffic Signal - - 27.1 C SR-162/Lincoln Blvd - Traffic Signal - - 28.5 C SR-162/Meyers St - Traffic Signal - - 17.2 B SR-162/Foothill Blvd - Traffic Signal - - 26.3 C SR-162/Oroville-Quincy Hwy SB Stop 22.1 C 2.6 A SR-162/Oakvale Ave NB Stop 18.1 C 1.2 A SR-162/Kelly Ridge Rd NB Stop 16.1 C 5.8 A SR-162/Forbestown Rd WB Stop 10.9 B 2.9 A Forbestown Rd/Lumpkin Rd WB Stop 9.6 A 3.1 A Lumpkin Rd/Oregon Creek Rd SB Stop 8.4 A 1.3 A Oregon Creek Rd/Site Access SB Stop 8.5 A 1.9 A

Notes: Bold shaded text indicates the conditions exceed LOS thresholds. Source: LSC Transportation Consultants, Inc., 2006; AES, 2006.



Intersection Level of Service

The 2000 Highway Capacity Manual methodologies were used to analyze intersection LOS. As shown in Table 3.2.8-2, the existing (2005) LOS conditions without the proposed project are within the City LOS standard of C under P.M. conditions, as well as Caltrans LOS standards, at all intersections.

LAND USE

Regional Setting

Butte County is comprised of 1,670 square miles located in north central California at the north end of the Sacramento Valley. The jurisdictional boundaries of the County are defined by the Sacramento River, Butte Creek, and Glenn and Colusa Counties to the west; Tehama County to the north; Plumas County to the east; Sutter and Yuba Counties to the south; and South Honcut Creek and Wilson Creek to the southeast. Regional transportation corridors in Butte County include Highways 70 and 99. Land in Butte County can be divided between three distinct landscape units including the valley area, a foothill region, and the mountain region. The County includes five incorporated cities (Chico, Oroville, Paradise, Gridley, and Biggs), along with several unincorporated communities. Land uses in the County are primary agricultural and rural. According to the Division of Land Resources Protection, in the year 2000 urban land in the County only constituted approximately 62.7 square miles or 4 percent of all the counties land (Butte County, 2005).

Approximately 77 percent of the population of Butte County is estimated to live within incorporated areas of the County (Butte County, 2005). Historically the growth rate of Butte County has been slower that the overall growth rate observed for the State of California.

Butte Site Setting

The Butte Site consists of land held in trust by the federal government, and is surrounded by unincorporated lands located in the mountain region of Butte County. The nearest community is Oroville, which is located approximately 11 miles southeast of the Butte Site. The Butte Site is primarily undeveloped forested land with the exception of three tribal homes and an unpaved access road located on the eastern portion of the site.

Regulatory Setting

Guidance documents presently governing growth and development within Butte County provide a framework for the regulatory setting of the affected environment. Butte County General Plan and Zoning Ordinance comprise the relevant framework discussed herein. While these documents do not apply to the Butte Site as it is held in federal trust, impacts may occur in terms of the project’s



relation to growth and development visions in the vicinity of the Butte Site as described in these guidance documents. Impacts to Land Use are discussed in Section 4.8.

Butte County General Plan

The stated purpose of the Butte County General Plan document is to provide a framework for the protection of the county’s agricultural, natural, and cultural resources while guiding future growth and development within the county. Because the Butte Site is on federal trust land, the property is not under jurisdiction of Butte County and is therefore not given a land designation in the Butte County General Plan. Lands directly adjacent to the Butte Site are designated as Timber Mountain (TM) and Agriculture Residential (AR) (Figure 3.2.8-3). The purpose and definitions of these land use designations are described below:

Timber Mountain (TM): Primary uses include forest management and the harvesting and processing of forest products. Secondary uses include animal husbandry, resource extraction and processing environmental preservation activities, outdoor recreation facilities, dwellings, utilities, public and quasi-public uses, home occupations, and airports.

Site Criteria: 1. Climates, slope and soils generally suitable for conifer forests and commercial timber production. 2. Predominate parcel sizes of 40 acres or more. 3. Ownership by U.S. Government or timber companies. 4. Adjacent uses conducive to timber production.

Agricultural Residential (AR): Primary uses include agricultural uses and single-family dwellings at rural densities. Secondary uses include animal husbandry, forestry, intense animal uses, home occupations mining, outdoor recreation facilities, environmental preservation activities, airports, utilities, public and quasi-public uses, group quarters, care homes and transient lodging.

Site Criteria: 1. Beyond service areas of community water and sewer systems. 2. Less than 30% slopes. 3. Adjacent or near to existing roads and public utilities. 4. Not within flood plains or known active faults. 5. Past official actions.

Butte County Zoning Ordinance

Because the Butte Site is on tribal trust land, the property is not under jurisdiction of Butte County and zoning designations would not apply. Lands directly adjacent to the Butte Site are

RAILROAD GRADE

BLACK

SHAW

TRAIL


Figure 3.2.8-3General Plan Land Use Designations – Butte Site and Vicinity

SOURCE: AirPhoto USA Aerial Photograph, 4/1/2004;Butte County GIS Division, 9/5/06; AES, 2006

LEGEND

Butte Site Boundary

Vicinity Roads

Railroad Grade

NO

RT

H

0 200’ 400’

BUTTE COUNTY LAND USE DESIGNATIONS

Timber Mountain(40-160 ac / Dwelling Unit)

Agricultural Residential(5-40 ac / Dwelling Unit)

Trust Land - Not Subjectto Local Zones / Land Use

BUTTESITE



designated as Foothill Recreational 5 acre minimum (FR-5), and Resource Conservation (R-C) (Figure 3.2.8-4). The purpose of these zoning designations are described below:

Foothill Recreational (FR-5): These zones apply to foothill areas of the County, and allow single-family dwellings as well as agricultural uses, mining and excavating, and pedestrian, equestrian, and bicycle trails. The zone also permits uses for “protection of land and forests from fire, erosion, floods, slides, quakes, insects, diseases, and pollution.” Minimum lot size is 5 acres.

Resource Conservation (R-C): This zone encompasses natural wilderness, and study areas; native fish, bird, and wildlife preserves; water resource areas; archeological and historical sites; agriculture; and recreational uses (Butte County, 2005).

AGRICULTURE

Regulatory Setting

Farmland Protection Policy Act

The FPPA is intended to minimize the impact federal programs have on the conversion of farmland to nonagricultural uses. It assures that federal programs are administered to be compatible with state and local units of government, and private programs and policies to protect farmland. A detailed discussion of the FPPA is included in Section 3.1.8.

Williamson Act Provisions

Under the provisions of the Williamson Act (California Land Conservation Act 1965, Section 51200), landowners contract with the County to maintain agricultural or open space use of their lands in return for reduced property tax assessment. A detailed discussion of the Williamson Act is included in Section 3.1.8 of the EIS. Unlike Yuba County, Butte County participates in the Williamson Act program.

Existing Conditions

Butte County

Table 3.2.8-3 provides a summary of agricultural land within Butte County converted to non-agricultural uses during the time frame from 2002 to 2004. Between these years, approximately 0.9% of the agricultural land in Butte County was converted to non-agricultural uses.

RAILROAD GRADE

BLACK

SHAW

TRAIL


Figure 3.2.8-4Zoning Designations – Butte Site and Vicinity

SOURCE: AirPhoto USA Aerial Photograph, 4/1/2004;Butte County GIS Division, 5/13/03; AES, 2006

LEGEND

Butte Site Boundary

Vicinity Roads

Railroad Grade

NO

RT

H

0 200’ 400’

BUTTE COUNTY ZONING DESIGNATIONS

Resource Conservation

Foothill Recreational

Trust Land - Not Subjectto Local Zones / Land Use

BUTTESITE



TABLE 3.2.8-3FARMLAND CONVERSION IN BUTTE COUNTY

Total Acres Inventoried 2002-2004 Acreage Changes Land Use Category

2002 2004 Acres Lost

Acres Gained

NetChange

Irrigated Farmland 247,007 245,475 3,017 1,485 -1,532 Nonirrigated Farmland 6,648 5,448 1,288 88 -1,200 Interim Farmland Subtotal 253,655 250,923 4,305 1,573 -2,732 Grazing Land 263,653 261,946 3,431 1,724 -1,707 Agricultural Land Subtotal 517,308 512,869 7,736 3,297 -4,439

SOURCE: California Department of Conservation, Division of Land Resource Protection, 2006; Yuba County 2002-2004 Land Use Conversion (Table A-44)

Butte Site

The Butte Site is not currently used for agricultural activities. According to the NRCS, the site does not contain land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Appendix P). The Butte Site is not under a Williamson Act contract.



3.2.9 PUBLIC SERVICES

WATER SUPPLY

The nearest municipal water system to the Butte site is located in the City of Oroville, which is over 8 miles away. Current residents on the Butte Site use potable water supplied by a surface water diversion from a spring. The spring ties into the Oregon Gulch, which then ties into the South Fork of the Feather River downstream of Lake Oroville (HydroScience Engineers, 2007). The Butte Site is within the mountain inventory unit of the Butte County Water and Resource Conservation Department.

WASTEWATER SERVICE

Wastewater service on the Butte Site is provided to residences by private septic systems. The nearest municipal system is the Oroville Regional Wastewater Treatment Plant (WWTP) owned and operated by the Sewerage Commission – Oroville Region. The WWTP is a regional treatment plant, which provides wastewater service to the City of Oroville, Thermalito Irrigation District, Lake Oroville Area Public Utility District, California Parks and Recreation Department and the California Department of Water Resources. The collection system includes 3.25 miles of pipeline and two pump stations. The Oroville Regional WWTP treats 3.2 million gallons per day (mgd) with a design average dry weather flow capacity of 6.5 mgd. The WWTP provides screening, primary clarification, activated sludge treatment with secondary clarification, filtration, chlorination, and dechlorination. Treated effluent is discharged to the Feather River (HydroScience Engineers, 2007).

SOLID WASTE SERVICE

The management of non-hazardous solid waste in Butte County is mandated by state law and guided by policies at the state and local levels. Information on Assembly Bill (AB) 939, the California Integrated Waste Management Act is provided in Section 3.9.1.3. The last approved diversion rate for unincorporated areas of Butte County was 31% in 1999. Since this time the California Integrated Waste Management Board (CIWMB) has approved time extensions for the County. The preliminary diversion rate for 2004 was 39% (CIWMB, 2006a).

Solid waste services are not currently utilized at the site. There are four hauling companies that service unincorporated Butte County. Individuals and businesses in unincorporated Butte County are responsible for contracting with these hauling companies. The nearest transfer station is in Oroville and is operated by Norcal Waste Systems.

Solid waste is transferred from the transfer station to the Neal Road Landfill. The landfill is located at 1023 Neal Road in Paradise, California, which is approximately 22 miles northwest of the Butte Site. The landfill is sited on 190 acres with 140 acres available for disposal. As of July 2005, approximately 22 million cubic yards of disposal capacity were remaining out of a total 25



million cubic yards. The landfill accepts construction and demolition wastes, mixed municipal waste, and biosolids (sludge). On average, the landfill receives 700-800 tons per day and is permitted to receive 1,500 tons per day (Fleming, personal communication, 2006). The landfill has an estimated closure date of 2033 (CIWMB, 2006b).

ELECTRICITY, NATURAL GAS AND TELECOMMUNICATIONS

The site is connected to PG&E electrical lines, which serve the existing residences. Natural gas in the County is available in urban areas. The nearest natural gas service to the Butte Site is in the Oroville area. AT&T is the local telephone provider for Butte County and provides service to the Butte Site.

PUBLIC HEALTH AND SAFETY

Law Enforcement

The Butte County Sheriff’s Department, pursuant to authority granted by Public Law 280, provides law enforcement services to the Butte Site. The Butte County Sheriff’s Office provides public safety services, court security services, search and rescue, coroner services, civil process, incarceration facilities, illicit drug enforcement and waterway safety throughout the unincorporated areas of the County (Butte County, 2005c). Approximately 94 officers and 140 civilians work in the various departments of the Sheriff’s Office (U.S. Department of Justice, 2005).

The Operations Division provides patrol services. The nearest police station to the Butte Site is the main station located in Oroville at 33 County Center Drive (Figure 3.2.9-1). Through agreements with existing tribal casinos, the Sheriff’s Office has entered into agreements to create a Tribal Resource Office program, which assigns two full-time deputies to curb potential criminal activity within casinos (Butte County, 2005c).

The County jail is located in Oroville. The jail has a rated capacity of 614 beds (California Department of Corrections and Rehabilitation, 2005). It is operated by 135 correctional staff and civilian employees (Butte County Sheriff, 2006). Programs including the Sheriff’s Work Alternative Program and Electronic Surveillance Program offer detention alternatives.

Fire Protection

Fire services are provided to the Butte Site by the Butte County Fire Department, which works cooperatively with the California Department of Forestry and Fire Protection. The Butte County Fire Department provides fire and emergency medical services to unincorporated Butte County, the City of Biggs, and the City of Gridley. Through automatic and mutual aid agreements the Department serves the City of Oroville, City of Chico, City of Paradise, and surrounding counties. The Department maintains 42 fire stations, 64 fire engines, 1 ladder truck, 2 heavy

BUTTE COUNTY

Lake Oroville

Thermalito Diversion Pool

Cher

okee

Rd

Forbestown Rd

Lumpkin Rd

Big Ridge Rd

Hurleton Rd

Bean Creek Rd

Oregon G

ulch Rd

5th

Ave

Sim

mon

s Rd

Bird St

Hildale Ave

Jatk

o R

d

Glen D

r

Foothill Blvd

Bell Ranch Rd

Lincoln St

Oro Quincy Hwy

Oro D

am B

lvd

High St

Kel

ly R

idge

Rd

Mount Ida Rd

Oregon City Trl

Grand Ave

Con

dor R

d

Oro

ville

-Qui

ncy

Hwy

Can

yon

Dr

D St

Long Bar Rd

A St

Mye

rs S

t

Spencer Ave

Dwr A

cces

s Rd

Oakvale

AveGreenville St

Littl

e R

idge

Rd

Old Olive Hwy

Cochise D

r

Feat

her R

iver

Blv

d

Union Bar Rd

V-7 Rd

Skyl

ine

Blvd

Riv

ervi

ew D

r

Kramer Rd

Montgomery St

War

d Bl

vd

2nd

St

Yard St

Mills

Ran

ch R

d

La M

irada

Ave

Eckards Ln

Mayberry Rd

Veatch St

Oroville Dam BlvdLakeland Blvd

Rocky Pt R

dOroville Dam Rd

Bidw

ell C

anyo

n R

d

Ford Dr

Saddle Dr

4th

St

Lost Horizon Dr

Valley View Dr

Powell Ridge Rd

Potters Ravine Dr

Dollar Rd

Northfork R

d

Rebel Ln

Toyon Hills Dr

Zonalea Ln

Solana Dr

Melrose D

r

Schirmer R

d

View

Ln

Kim Dr

Possum Ln

Hope Ln

Apic

a Av

e

Middlefork Ln Onye

tt Rd

Raccoon Rd

Prov

enza

Dr

Lake

view

Ter

Squirrel Ln

Schroder Dr

Derrick Rd

Kana

ka R

anch

Rd

Sunday Dr

Horseshoe Trl

Graystone Ln

Buckhorn Trl

Dee

r Mea

dow

Rd

Wicks Way

Crystal Ranch Rd

Braland PlW

oodm

an D

r

View

cres

t Dr

Romelt

Ln

Hur

les

Cir

Lothrop LnPost Ln

Rebi

e W

ay

Lyons Ln

Lakeview

Loui

se L

n

Lays

ier P

l

Curry

Pky

Torry Dr

Putnam Dr

Idora St

Sch

ons

Dr

Elsa Ln

Harry Ln

CH

ERO

KEE RD

ORO DAM BLVD

OR

O Q

UIN

CY H

WY

Oroville

LEGEND

Hospital

Sheriff's Department

Fire Station

0 4,000 8,000

Feet


Figure 3.2.9-1Public Services – Butte Site

SOURCE: ESRI Data, 2005; AES 2006

BUTTE SITE

NO

RT

H



rescues, 16 water tenders, and two bulldozers. Other apparatus maintained by the Department include air tankers, air attack units, rescue squads, breathing support units, and hazardous materials units (Butte County Fire Rescue, 2006).

Four stations could respond to the Butte Site including Station 51 (2845 Lumpkin Road in Feather Falls), Station 54 (10 Robinson Mill Road, Robinson Mill), 62 (9476 Oro Quincy Highway, Berry Creek), and 64 (22 Walnut Avenue, Kelly Ridge) (Figure 3.2.9-1). The estimated response time to the site varies from 10 – 15 minutes depending on the availability of engines (Butte County Fire Rescue, personal communication, 2005). Each station has one fire engine except Station 62, which operates two fire engines. Stations staff between 3 to 4 sworn officers per engine. Stations are staffed 24 hours a day 365 days a year except Station 51, which is not open during the winter months. There is also a volunteer station, Station 52 located at 1834 Lumpkin Road in Feather Falls. Average response time to the Butte Site varies from 10-15 minutes depending on the availability of engines. CDF and the County Fire Department responded to 15,049 calls for service in 2005. Over two thirds of calls were for emergencies including traffic collisions, rescues and medical aids; fire engines are usually the first to arrive at the scene for medical emergencies. The remainder of calls consisted of: 475 non-wildland fire, 248 wildland fires, 43 hazardous materials response, and 2,854 responses such as general assists, fireworks complaints, false alarms, agency assists, downed power lines, and assists to law enforcement operations (Butte County Fire Rescue, 2006).

Emergency Medical Services

Ambulances are privately contracted by Butte County and include First Responder and American Medical Response. The closest emergency room is at Oroville Hospital, which contains a Level III Trauma Center. Oroville Hospital is located at 2767 Olive Highway in Oroville, California, which is approximately 18 miles southwest of the Butte Site.



3.2.10 OTHER VALUES

NOISE

Acoustical Background and Terminology

A description of acoustical background and terminology used in noise analysis can be found in Section 3.1.10.

Environmental Noise Descriptors

A summary of environmental noise descriptors can be found in Section 3.1.10.

Butte Site Noise Environment

The Butte Site is located in an area characterized by rural setting land uses. The area consists of predominantly open space land uses with some scattered residential developments. Roadways exist along the southern portion of the Butte Site. Specific sensitive receptors in the site vicinity include various rural homes.

Ambient Noise

Short-term ambient noise measurements were performed at the Butte Site in February 2006. Noise measurements were continuously conducted over a five-day period to describe the day/night distribution of ambient traffic noise levels, and to calculate hourly noise levels and day/night levels. As shown in Figure 3.2.10-1, the noise measurement site was located in the southeast portion of the site. The sound measurement equipment used consisted of Larson Davis Laboratories (LDL) Model 820 precision integrating sound level meters equipped with B&K Type 4176 ½" microphones. The measurement equipment was calibrated immediately before measurements using an LDL Model CA-250 calibrator, to meet the pertinent specifications of the American National Standards Institute (ANSI) and the International Electrotechnical Institute (IEC) for Type 1 and Precision sound measurement systems. The microphones were placed at a height of about 6 feet above existing grade.

A summarization of the noise measurement results is shown in Table 3.2.10-1, and the data is presented graphically in Appendix A of the Environmental Noise Analysis prepared by Brown-Buntin Associates, Inc. (Appendix Q). Noise measurements were conducted in terms of the Leq

and other statistical descriptors. The noise level measurements were used to determine statistical trends in ambient noise levels throughout the day and nighttime periods. Table 3.2.10-1 shows the measured ambient noise levels at the Butte Site over the five-day period. The measurements had a five-day average of 51.6 dB.



TABLE 3.2.10-1 BUTTE SITE AMBIENT

NOISE LEVEL MEASUREMENTS

Date Ldn, dB February 18, 2006 60.0February 19, 2006 50.9February 20, 2006 46.9February 21, 2006 49.6February 22, 2006 50.7

SOURCE: Brown-Buntin Associates, Inc., 2007.

At the Butte Site, background noise levels were due to distant traffic; there were no distinctive noise sources nearby except for occasional activity at an adjacent residence. This location may be described as relatively quiet.

Exterior Traffic Noise

To predict traffic noise levels at the Butte Site the U.S. Department of Transportation (DOT) Traffic Noise Model (TNM) was used. The model is based upon assumed noise emission factors for automobiles, medium trucks and heavy trucks, with consideration given to vehicle volume, speed, roadway configuration, distance to receiver, and the acoustical characteristics of the Butte Site. The TNM was developed to predict hourly Leq values for free-flowing traffic conditions, and is considered to be accurate within 1.5 dB. To predict Ldn values, it is necessary to determine the day/night distribution of traffic and to adjust traffic volume input data to yield an equivalent hourly traffic volume. The TNM was employed to predict existing traffic noise levels in terms of the Ldn descriptor. Inputs to the TNM include the Average Daily Traffic volume (ADT), daytime/nighttime traffic distribution, medium and heavy truck percentages, and vehicle speed. The existing daily traffic volumes were based upon data supplied by the project traffic consultant and Caltrans. The day/night traffic distribution for area roadways was based upon noise measurements conducted in February 2006 at the Butte Site. The TNM model inputs are shown in Appendix B of the Environmental Noise Analysis (Appendix Q). An acoustically soft site was assumed. Based upon field experience, traffic noise levels at upper story building facades are expected to be at least 3 dB higher than the noise levels reported below.

Table 3.2.10-2 shows the predicted worst-case traffic noise levels for existing traffic volumes at a reference distance of 100 feet from the centerlines of the roadways, at the existing grade. This distance represents a typical first-floor building facade facing a rural roadway, and may be used to approximate the noise exposure for typical noise sensitive uses. The roadway with the loudest existing noise is predicted to be SR-162 at 60.1 dB. Since this is a state route highway, it is expected that the road experiences higher volumes of traffic. The lowest level of noise was emitted from Oregon Creek at 38.8 dB.



TABLE 3.2.10-2 EXISTING TRAFFIC NOISE LEVELS

Roadway Name Segment Description Predicted Ldn, dB at 100 Feet

SR-162 West of Forbestown 60.1Forbestown Road West of Lumpkin 52.8Lumpkin Road West of Oregon Creek 46.5Oregon Creek North of Lumpkin 38.8

SOURCE: Brown-Buntin Associates, Inc., 2007.

HAZARDOUS MATERIALS

Introduction

Hazardous materials are subject to numerous laws and regulations at all levels of government as described in Section 3.1.10.

Existing Conditions

A Phase I Environmental Site Assessment (ESA) of the Butte Site was conducted in by Analytical Environmental Services (AES) in accordance with the American Society for Testing and Materials (ASTM) Practice E 1527-00 Environmental Site Assessments and BIA guidelines. The purpose of this assessment was to identify environmental conditions and hazardous materials involvement that may pose a material risk to human health or to the environment, or in any way affect the proposed use of the subject property. The Phase I ESA was performed in conformance with the scope and limitations of ASTM Standard Practice E1527-00, which specifies the appropriate inquiry requirements for the innocent landowner defense under the Comprehensive Environmental Response, Compensations and Liability Act (CERCLA).

Previous land uses and history of the Butte Site were researched in an effort to identify potential sources of hazardous substances at or near the site. Historical aerial photographs and topographic maps of the Butte Site and immediate vicinity were reviewed and interpreted. The aerial photos were examined for the presence of aboveground storage tanks, industrial buildings, gas station canopies or pump islands, and other indicators of bulk hazardous material storage within the study area (EDR, 2005).

The Phase I ESA also involved a search of available records from state and federal regulatory agencies for known sites of hazardous materials generation, storage, or contamination. Databases were searched for sites up to one mile from a point roughly equivalent to the center of the Butte Site. The database search report as provided by Environmental Data Resources, Inc., and the entire Phase I ESA can be found in Appendix R. The site was not listed in any of the databases reviewed by AES as having hazardous materials generation, storage, or contamination.

!H24hr Monitoring Location

0


Figure 3.2.10-1Butte Site Ambient Noise Measurement Location

SOURCE: AirPhoto USA Aerial Photograph dated 4/1/04; AES 2006

0 150 300

Feet

SCALE



Additionally, there were no adjacent sites identified in the database report that would affect surface and subsurface conditions on the Butte Site.

The Butte Site currently has mixed use as a residential and undeveloped parcel. Approximately 60 automobiles, tractors, travel trailers, household appliances and other pieces of metal debris were scattered throughout the site. The automobiles are in various states of disrepair and the possibility exists that leaking gasoline and motor oils from the automobiles could cause minor surface contamination. An abandoned narrow gage railroad grade that runs in a general east-west direction is located in the southern portion of the Butte Site. Built in 1921 the railroad was used to service lumber mills in Feather Falls. None of the tracks remain and portions of the railroad alignment have been used to store abandoned cars. The grade ranges in width from 12-15 feet. Information obtained from Frank Watson, a former resident of the Rancheria, indicates that the railroad was abandoned and the tracks removed in the mid-1960s as part of the construction of Oroville Dam. There were approximately 100 automobile tires that were discarded in a drainage ravine located adjacent to the railroad grade. A sealed unlabeled 55-gallon plastic drum was present in an area adjacent to one of the residences on the Butte Site.

VISUAL RESOURCES

The Butte Site is located in a relatively undeveloped wooded area. The Butte Site is bordered on all sides by rural residential development and wooded open space. Power lines are visible through the site. Trash and debris, including abandoned cars, litter the site in areas primarily surrounding on-site residences. Various creeks flow across the Butte Site. The Butte Site is not visible from surrounding roadways.

Documents

3.2.1 I NTRODUCTIONservice, 2003; aes, 2006 butte site 216 215 215 215 215 214 soil types crystalhill-oregongulch-craigsaddle-rock outcrop complex, 15 to 30 215 percent slopes crystalhill-oregongulch-craigsaddle