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May 2009
California Oak Report
Mitigation Banking Done Right
COF has been extremely critical of the total lack of oak woodlands conservation planning by Calaveras County officials. Fortunately, local citizens are also very concerned with the conservation and management of Calaveras forest and agricultural resources. Recently the Calaveras County Agricultural Coalition and interested members of the public received the go-ahead from the Board of Supervisors to continue development of an Agriculture and Forestry Element for the current general plan update. As explained by the Coalition:
"The purpose of the Agricultural and Forest Land Mitigation Program (AFLMP) is to aid in mitigating the loss of agricultural and forest land resulting from residential and other urban development in the unincorporated areas of Calaveras County by requiring the protection of agricultural and forest land based on a 2:1 ratio to the amount of agricultural or forest land converted. The AFLMP is designed to utilize agricultural conservation easements granted in perpetuity, as well as alternative mitigation methods, as a means of mitigating the loss of agricultural and forest land."
Among the Coalition alternative mitigation measures is an effective oak woodlands mitigation banking option. This superior alternative combines a long-term oak woodlands conservation planning perspective with market values, which is similar to the forest mitigation approach taken by the California Forest Protocol:
Mitigation Credit Banking
Mitigation credits may be banked and utilized in accordance with the following provisions:
1) Purpose - The purpose of establishing a method of banking mitigation credits is to equalize the imbalance between the acreage size of agricultural land suitable, and available, for purchase of agricultural land conservation easements and the amount of acreage required to meet a 2:1 ratio.
2) Process - Any project requiring the acquisition of an agricultural conservation easement in accordance with these guidelines may be approved by the Board of Supervisors to bank mitigation credits on the acreage in excess of the 2:1: ratio required for mitigation of the original project. The mitigation credits shall be held by the individual/entity purchasing the agricultural conservation easement.
3) Credit Value - Each acre in excess of the required 2:1 ratio for mitigation may be utilized at a 2:1 ratio to satisfy the mitigation requirements of another development.
4) Negotiations - Negotiations to purchase mitigation credits shall not involve the County and shall be subject to free market values. The County shall make available a contact list of individuals/entities with banked credits on record. The sale of banked credits shall not alter the terms of the original agricultural land conservation easement which generated the credits.
5) Authorization - The Board of Supervisors shall accept purchased credits upon receipt of a sales agreement.
6) Records - The County shall maintain a record of banked credits and purchased credits to insure the Agricultural and Forest Land Mitigation Program is maintained whole.
Tehama General Plan Lawsuit
A lawsuit seeking to invalidate Tehama County's recently adopted general plan has been filed by the Sierra Club and Citizens Alliance for Rural Environmental Sustainability (CARES). The groups’ contend that the updated general plan must include measures to mitigate the environmental impacts of rapid development, especially on natural resources, global warming and the county’s water supply. Over 500,000 oak woodland acres span Tehama’s 3,000 square miles, providing rich habitat for wildlife species and substantial carbon sequestration.
CARES chairman Gary M. Catlin stated that the general plan fosters uncontrolled growth and will lead to an "environmental nightmare" of air pollution, traffic gridlock, water shortages, greenhouse gas emissions, destruction of oak woodlands and the end of the county's tranquil rural lifestyle. "This general plan has attributes of allowing a huge amount of growth," Catlin said. "This is a disaster for the county financially and environmentally."
Oak Foundation fully supports the Sierra Club-CARES suit against inept planning. In fact, COF lawyer Tom Lippe recently argued the 2005 Sun City Tehama subdivision lawsuit before the 3rd District Court of Appeals. Located near Red Bluff, Sun City would destroy 775 acres of oak woodlands containing over 97,000 Blue oak trees and proposes mitigating these impacts by simply placing a conservation easement on the remnant 1,400 acres of on-site woodlands. Tehama County did not require any additional measures to mitigate the loss of the 775 acres of oak woodlands based on the County's view that Public Resources Code §21083.4 (SB 1334) does not require full mitigation of significant habitat impacts on oak woodlands.
Whatever the outcome of this SB 1334 habitat case, had the 2007 Air Resources Board’s Forest Protocol carbon emission mitigation standards been applicable in 2005 the Sun City Tehama project would have been stopped dead in its tracks.
Clover Valley Decision Appealed
The Clover Valley Foundation and Sierra Club have filed a "Notice of Appeal" to petition the 3rd District Court of Appeals for a rehearing of a February lower court decision. After thorough deliberation and research, both organizations are convinced that the Sacramento Superior Court decision was erroneous and the proposed Placer County project does indeed violate the California Environmental Quality Act.
Conservationists contend that the lower court decision was seriously flawed in the following areas: (1) encroachment into required stream setback buffers; (2) evaluation of significant growth-inducing impacts for the “oversized” sewer line expansion; (3) impact mitigation for removal of over 7,000 oaks at the project site; (4) reliance on unfinished federal review processes with regard to the historic and prehistoric sites; (5) deferred mitigation for a threatened species found on the site.
The ten-year grassroots effort to save the 622-acre Clover Valley is far from over. Background information regarding the Clover Valley conservation campaign can be found at the Clover Valley Foundation website.
Merchandise
A Field Guide to Plant Galls of California And Other Western States by Ron Russo, published by U.C. Press. Identifies more than 300 species of galls. Information on host selection, growth and development, predator and parasite defense, and uses. $24.95/$22.46 mbrs., plus local sales tax, shipping and handling.
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