DPC Letter: Cache Slough Mitigation Bank
The Delta Protection Commission reviews hundreds of local and regional land use projects in the Primary and Secondary zones of the Delta for consistency with the Land Use and Resource Management Plan (PDF) and submits comment letters to ensure projects stay on track with the Plan. Under state law (Public Resources Code Sections 29770-29772), any action taken by a local government or agency in the Primary Zone that is inconsistent with the Plan can be appealed to the Commission. Appeals may be brought by any interested person, or by the Commission itself. Learn more here.
From: Mike Aviña
Sent: Wednesday, August 21, 2024 10:38 AM
To: CJ Lum
Cc: Bruce Blodgett
Subject: Comments on Cache Slough
Dear Mr. Lum:
Per your request please find high level comments attached (using your comment form) on the Cache Slough project. I am also submitting a letter we previously provided to the CVFPB.
Mike Aviña Senior Environmental Planner
Comment Form
Planning Application Review and Response
Resource Management Division
Application No. U-23-03
Date Routed: 8/7/24
I. What permits will be required from your Division to implement the project described in the attached application?
Response: The Delta Protection Commission is not a permitting agency; we review local government land use decisions and can set aside land use decisions in the Delta Primary Zone under certain conditions.
II. What additional information will your Division require from the applicant in order to analyze the project?
Response: Please see our previously submitted letter to the CVFPB.
III. What conditions of approval will be required from your Division for this project to proceed?
Response: we do not approve projects in the first instance, but comment on projects, and have the power to appeal and set aside certain land use decisions.
IV. Are there any additional comments or concerns your Division has regarding this project?
Because the project occurs in the Delta Primary Zone, we encourage the County to mitigate for agricultural land loss at a suitably high ratio, consistent with the State of California’s goals of protecting Delta agriculture, as further elaborated in our Land Use and Resource Management Plan which has been adopted into the California Code of Regulations. Specific sources are provided below.
The Delta Protection Act (Public Resources Code Section 29703(c)) states “Agricultural lands located within the primary zone should be protected from the intrusion of nonagricultural uses.” This goal is also described in our Land Use and Resource Management Plan (LURMP) which has been adopted into the California Code of Regulations and states that one of the goals for the Delta Primary Zone is to “. . .support long-term viability of agriculture and to discourage inappropriate development of agricultural lands” (14 Cal. Code of Regulations Section 20070(b)).
Previous Letter
December 23, 2022
Cynthia D. Ovdenk Senior Project Manager CA Delta Section
US Army Corps of Engineers, Sacramento District
Re: Public Notice SPK-2022-00357, Public Notice of Proposed Cache Slough Mitigation Bank
Dear Ms. Ovdenk:
Thank you for providing the Delta Protection Commission (Commission) the opportunity to provide comments on Public Notice SPK-2022-00357, Public Notice of Permit Application for the proposed Cache Slough Mitigation Bank (Project).
The Project is a request by Westervelt Ecological Services (project proponent) to establish an approximately 350-acre mitigation bank immediately north of the City of Rio Vista in Solano County.
The Commission is a state agency charged with ensuring orderly, balanced conservation and development of Delta land resources and improved flood protection. The Commission reviews projects within the broad framework of the Delta Protection Act of 1992 and Delta Reform Act of 2009, which declare that the State’s basic goals for the Delta are to provide a more reliable water supply for California and protect, restore and enhance the Delta ecosystem “in a manner that protects and enhances the unique cultural, recreational, natural resource and agricultural values of the Delta as an evolving place” (Public Resources Code section 29702(a) and Water Code section 85054).
Proposed local government-approved projects within the primary zone of the Legal Delta must be consistent with the Commission’s Land Use and Resource Management Plan (LURMP) (California Public Resources Code Sections 29700- 29780). Proposed US Army Corps of Engineers (Corps) actions are not subject to consistency with the LURMP. However, since Solano County will take the LURMP policies we cite below, in addition to the County’s applicable General Plan policies, into their future reviews, the Commission has reviewed the Project for potential impacts on the resources of the primary and secondary zones. We suggest that the Corps and project proponent to take them into consideration as well.
While the Commission supports efforts to protect, restore, and enhance the Delta ecosystem, we are concerned about the potential Project impacts on agriculture, land use, and water quality. The Commission urges the project proponent to review the Project for compliance with LURMP policies, particularly those related to acquisition of agricultural conservation easements, protection of natural resources, and compatibility between agricultural and natural habitat uses.
The Commission encourage the Corps to consider potential Project impacts to surrounding properties, including impacts to surrounding agriculture operations and seepage. The Project should include appropriate buffers and setback to adjacent agriculture parcels and implement “good neighbor” policies and practices, as directed in the following LURMP policies:
Land Use Policy 3. New non-agriculturally oriented residential, recreational, commercial, habitat, restoration, or industrial development shall ensure that appropriate buffer areas are provided by those proposing new development to prevent conflicts between any proposed use and existing adjacent agricultural parcels. Buffers shall adequately protect integrity of land for existing and future agricultural uses and shall not include uses that conflict with agricultural operations on adjacent agricultural lands. Appropriate buffer setbacks shall be determined in consultation with local Agricultural Commissioners, and shall be based on applicable general plan policies and criteria included in Right-to-Farm Ordinances adopted by local jurisdictions.
Natural Resources Policy 6. Support the implementation of appropriate buffers, management plans and/or good neighbor policies (e.g. safe harbor agreements) that among other things, limit liability for incidental take associated with adjacent agricultural and recreational activities within lands converted to wildlife habitat to ensure the ongoing agricultural and recreational operations adjacent to the converted lands are not negatively affected.
The Commission encourages the project proponent to review the attached “Good Neighbor Checklist” from Appendix Q2 of the Delta Plan. The Checklist identifies considerations for habitat restoration project planning that can support agricultural communities, reinforce the benefits of conservation partnerships, reduce conflict and project delays, and help achieve sustainable conservation. The Project proponents should include the Checklist to reduce project impacts on neighboring landowners and local agencies.
The project proponent should also ensure that creation of new riparian habitat would not create seepage onto adjacent parcels. LURMP Land Use Policy 14 states that:
The conversion of an agricultural parcel, parcels, and/or an agricultural island for water impoundment, including reservoirs, water conveyance or wetland development may not result in the seepage of water onto or under the adjacent parcel, parcels, and/or island. These conversions shall mitigate the risks and adverse effects associated with seepage, levee stability, subsidence, and levee erosion, and shall be consistent with the goals of this Plan.
Thank you for the opportunity to provide input. Please contact Kirsten Pringle, Senior Environmental Planner, at (530) 650-6327 for any questions regarding the comments provided.
Sincerely,
Bruce Blodgett Executive Director
cc: John Vasquez, Solano County Supervisor
Attachments: Good Neighbor Checklist from Delta Plan Appendix Q2. Key Considerations and Best Available Science for Protecting, Restoring, and Enhancing the Delta Ecosystem (June 2022)