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3400 BIOLOGICAL RESOURCES

This section provides background and policy on fish and wildlife and various habitats that support them. Particular attention is paid to water related areas because of their importance to virtually all wildlife. Nesting and rookery sites for key bird species are also given attention, as are the ranges of the Roosevelt Elk and migratory deer. The previous Water Resources section (3300) gives primary attention to water development and diversion policy, and more general water quality issues than are addressed here.

3410 GENERAL HABITAT TYPES

Ample precipitation in combination with the mild climate of the North Coastal Basin has provided a wealth of fish, wildlife, and scenic resources. The region is mountainous and is dominated by dense coniferous forests interspersed with grass or chaparral covered slopes. These areas provide habitat for deer, elk, bear, mountain lion, fur bearers and many upland bird and mammal species. While wildlife habitats have been significantly reduced in the more urbanized portions of the state, they remain a significant aspect of Humboldt County.

The general types of vegetation and associated wildlife which are found in the County are listed below:
Coastal Coniferous Forest Chaparral
Pine-Fir Woodland Riparian
Foothill Woodland Salt Marsh
Grasslands Aquatic Habitat
Cultivated Pasture Nearshore Zone
Coastal Dunes Tidal Zone
 

For the above mentioned habitats which occur in the coastal zone, applicable policy is provided in the County's Local Coastal Program contained in Volume II of the General Plan.

3420 SENSITIVE AND CRITICAL HABITATS

Of the above mentioned habitats, certain portions of them are particularly important, and are classified as sensitive or critical. When habitat requirements for a specific species of plant or wildlife are in short supply because either the habitat is limited to a small geographical area or is threatened by rapidly changing conditions, then the habitat is designated sensitive. A critical habitat is a type of sensitive habitat which is presently threatened and reduction or loss would cause the extinction of a threatened, rare or endangered species.

The protection of sensitive habitats has become recognized as an important part of planning and environmental assessment for land use development. They are specifically protected by passage of the National Environmental Policy Act of 1969 (NEPA), the California Environmental Quality Act of 1970 (CEQA), and from the establishment of the Open Space and Conservation Elements as part of the General Plan, 1970 (Government Code Section 65302(d), and (e), 65560-65567).

The location of sensitive habitats is one measure considered in compiling a compatible land use designations map. When sensitive habitats are incorporated into the planning process, many of the conflicts can be eliminated or reduced. To a large extent this has been accomplished through the agriculture and timber land use designations, and through public land ownership. The densities, and management of these areas are generally consistent with continued maintenance of these habitats. Located below are some of the habitats threatened by loss or reduction in the County:

Roosevelt Elk Range

Rookery and Nest Sites

Critical Habitat Areas (e.g., Rare and Endangered Species)

Streams and Streamside Areas

Coastal Habitats
 

3430 GOAL

To maximize where feasible, the long-term public and economic benefits from the biological resources within the County by maintaining and restoring fish and wildlife habitats.

3431 POLICIES

1. Maintain values of significantly important habitat areas by assuring compatible adjacent land uses, where feasible.

2. Habitats for "critical species" shall be protected under provisions of NEPA and CEQA.

3. Development within stream channels shall be permitted when there is no less environmentally damaging feasible alternative, where the best feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to essential, nondisruptive projects as listed in Standard 6.

4. To protect sensitive fish and wildlife habitats and to minimize erosion, runoff and interference with surface water flows, the County shall maintain Streamside Management Areas (SMA), along its blue line streams as identified on the largest scale U.S.G.S. topographic maps most recently published, and any significant drainage courses identified through the CEQA process.

5. Development within the Streamside Management Areas shall be permitted where mitigation measures (Standard 8) have been provided to minimize any adverse environmental effects, and shall be limited to uses as described in Standard 7.

Project Review 6. The Biological Resource Maps shall be incorporated into the project review process in order to identify sensitive habitat concerns. These maps shall be kept up to date with the most recent information obtainable. Accommodation of new resource information on the Biological Resource Maps may require an amendment to the adopted General Plan.

7. The County should request the Department of Fish and Game, as well as other appropriate agencies and organizations to review plans for development within sensitive habitat areas or Streamside Management Areas. Recommended mitigation measures shall be considered prior to project approval.

3432 STANDARDS

Applicability

1. Proposed development occurring within areas containing sensitive habitats shall be subject to conditions and requirements of this policy except for the exclusions as follows. A. Timber management and harvest activities regulated by the Forest Practices Act.

B. Any area proposed for development which upon examination of the Biological Resource Maps and field inspection is not actually within or does not contain the indicated habitat, then the development is exempt from the requirements of this section.

C. Forest management activities needed to improve timber productivity regulated by other agencies.

D. Agricultural operations needed to improve agricultural productivity.

Note: The above exclusions in no way preempt other County regulations or those of other agencies.

2. Recommendations from the Department of Fish and Game, agencies, and organizations shall be specific and cite relevant code sections and standards.

3. Critical habitats are sensitive habitats essential for a Federal or State designated endangered, threatened or rare species. This includes the portion of a critical species range which is essential to the existence of that species.

4. Sensitive habitats are defined as a unique, limited or economically important habitat type for a species whose habitat requirements, if significantly changed, would cause a threatening change to the species population and may include the following:

A. Critical Habitat

B. Migratory Deer Winter Range

C. Roosevelt Elk Range

D. Sensitive Species Rookery and Nest Sites

E. Streams and Streamside Areas

F. Natural ponds, springs, vernal pools, marshes, and wet meadows exhibiting standing water year long or riparian vegetation.

G. Other sensitive habitat and communities listed in the Department of Fish and Game California Natural Diversity Data Base, if and when adopted.

5. Streamside Management Areas are identified and modified as follows: A. In areas outside of Urban Development and Expansion Areas, the outer boundaries shall be defined as: 1. 100 feet, measured as the horizontal distance from the stream transition line on either side of perennial streams.

2. 50 feet, measured as the horizontal distance from the stream transition line on either side of intermittent streams.

B. In areas inside of Urban Development and Expansion Areas, the outer boundaries shall be defined as: 1. 50 feet, measured as the horizontal distance from the stream transition line on either side of perennial streams.

2. 25 feet, measured as the horizontal distance from the, stream transition line on either side of intermittent streams.

C. Where necessary, the width of Streamside Management Areas shall be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed 200 feet measured as a horizontal distance.

D. The Streamside Management Area may be reduced or eliminated where the County determines, based on specific factual findings, that:

1. The USGS mapping of the stream as perennial or intermittent is not accurate, and typical stream flow can be shown to be less than that required to be classified as either perennial or intermittent, or

2. It will not result in a significant adverse impact to fish, wildlife, riparian habitat, or soil stability.

Stream Channels

6. Development within stream channels is limited to the following projects.

A. Fishery, wildlife, and aquaculture enhancement and restoration projects.

B. Road crossings consistent with Standard 9 of this section.

C. Flood control and drainage channels, levees, dikes and floodgates.

D. Mineral extraction consistent with other County regulations.

E. Small scale hydroelectric power plants in compliance with applicable County regulations and those of other agencies.

F. Agricultural diversions and wells.

G. New fencing, so long as it would not impede the natural drainage or would not adversely effect the stream environment or wildlife.

H. Bank protection, provided it is the least environmentally damaging alternative.

I. Other essential projects, including municipal groundwater pumping stations, provided they are the least environmentally damaging alternative, or necessary for the protection of the public's health and safety.

Streamside Management Areas 7. Development within Streamside Management Areas shall be limited to the following uses: A. Development permitted within stream channels.

B. Timber management and harvests not otherwise excluded by Applicability Section as well as noncommercial cutting of firewood and clearing for pasturage, provided:

1) Cottonwoods are retained.

2) Remaining willows and alders, as well as other unmerchantable hardwoods or shrubs should be protected from unreasonable damage. C. Road and bridge replacement or construction, when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.

D. Removal of vegetation for disease control or public safety purposes.

8. Mitigation measures for development within Streamside Management Areas shall, at a minimum, include: A. Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry forest and fire protection regulations, or for public health and safety reasons, approved by the appropriate County department. Felled snags shall be left on the ground if consistent with fire protection regulations as long as they have no economic value.

B. Retain live trees with visible evidence of use as nesting sites by hawks, owls, eagles, osprey, herons, or egrets.

C. Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall not be required unless natural regeneration does not occur within two years of the completion of the development project.

D. Erosion control measures (Standard 9).

9. Erosion control measures for development within Streamside Management Areas shall include the following: A. During construction, land clearing and vegetation removal will be minimized.

B. Construction sites will be planted with native or naturalized vegetation and mulched with natural or chemical stabilizers to aid in erosion control and insure revegetation.

C. Long slopes will be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.

D. Concentrated runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge where discharge is to natural ground or channels.

E. Runoff shall be controlled to prevent erosion by on-site or off- site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over non-erodible vegetated surfaces where it would not contribute to downstream erosion or flooding.

F. Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the Streamside Management Area to comply with California Fish and Game and Regional Water Quality Control Board.

Winter operations (generally October 15 thru April 15) shall employ the following special considerations: G. Slopes will be temporarily stabilized by stage seeding and/or planting of fast germinating seeds such as barley or rye grass; and mulched with protective coverings such as natural or chemical stabilizations.

H. Runoff from the site will be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.

Other Wet Areas 10. For natural ponds, springs, vernal pools, marshes and wet meadows (exhibiting standing water yearlong or riparian vegetation): Development except for wells and springboxes shall be consistent with the standards for streamside management areas, where appropriate.

 

3500 CULTURAL RESOURCES

Background

The term cultural resources is used in the General Plan to denote vulnerable and irreplaceable resources--historic, archaeological, paleontological, architectural, and scenic--from which we may be reminded of the conditions and lessons of the past. These resources have through the times been influenced by a mix of natural forces unique to Humboldt County. Natural forces such as the climate, coast, vegetation, land, and mineral wealth have led to the development of diverse ways of life. It has also influenced the way in which our predecessors have shaped the environment. Left behind is a fragile legacy of past cultures, and prehistoric life forms that existed during past geologic time periods. It is important that this legacy receive protection, so that it can survive for the scientific and cultural benefit of future generations. However, if these crucial aspects of our culture are to survive, the present generation must initiate necessary measures of protection.

3510 HISTORICAL AND ARCHAEOLOGICAL RESOURCES

Numerous sites of cultural significance have been surveyed and officially designated as cultural resources in Humboldt County. The participation of State and Federal historic registration programs include 13 sites as California Historical Landmarks, 16 sites included on the National Register of Historic Places, 58 sites as California Historical Resources, 661 sites as Historical and Prehistorical Archaeological sites, and one northern segment of Highway 101 officially designated as a State Scenic Highway.

Site Preservation

In the past decade, protection of cultural resources has become recognized as a vital part of planning and environmental assessment. This is evidenced from the passage of the National Environmental Policy Act of 1969 (NEPA), the California Public Resources Code (commencing with Section 5097.5), and from the establishment of the Scenic Highways Element in 1971 [Government Code Section 65302(h)].

Both NEPA and CEQA urge environmental policy to preserve important aspects of our cultural legacy. Section 101(b)(4) of NEPA stresses the preservation of "...important historic, cultural, and natural aspects of our national heritage..." Similarly, Section 21001(b) of CEQA states that it is a California policy to "take all action necessary to provide the people of this state with...enjoyment of aesthetic, natural, scenic, and historic environmental qualities."

The protection of the cultural environment in general and heritage resources in particular is also given priority in the California Public Resources Code. Section 5097.9 of this code states that no agency or party is to cause damage to Native American sanctified cemeteries, places of worship, religious or ceremonial sites, or sacred shrines located on public property.

The Humboldt County Board of Supervisors established a similar policy in 1971 to evaluate archaeological sites not only in terms of their scientific value, but also in regard to their importance to the Native American Community (Resolution No. 71-14).

Besides the need to preserve important archaeological finds, there is also a need to protect paleontological resources from loss or destruction. Whereas archaeological resources provide a link with the people of the past, paleontological resources tell us about prehistoric life that lived during past geologic time periods. The protection of these resources is required by law and can make valuable scientific contributions to the community.

In addition to numerous sites of archaeological or paleontological significance in Humboldt County, there are also many other sites of historic worth. For example, some sites may be significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political , military, or cultural annals of the County. While State and Federal historic registration programs have catalogued many of these historic resources, additional protection is needed at the local level.

The Historical Society in Humboldt County, with over 4,000 members, has contributed local input towards protecting many of our historic resources. The organization's newsletters, magazines, and relic collections have also raised our awareness of the County's rich heritage. This awareness is highly observable in the cities of Eureka, Arcata, and Ferndale, where local historical surveys and renovation of historic structures have occurred. As the educational, social, and economic benefits of historic preservation become better known, preservation will undoubtedly attract the support of a greater number of people.

3520 SCENIC HIGHWAYS

A scenic highway traverses an area of outstanding scenic quality for the purpose of enhancing the motorists' overall scenic experience. In 1971, State statutes required the preparation of a Scenic Highway Element in the General Plan. Preparing the Scenic Highway Element is the first step in developing programs to protect and enhance official State Scenic Highways, Official County Scenic Highways, and Local Scenic highways. This plan incorporates the previously adopted Scenic Highway Element, which contains one officially designated State Scenic Highway, north of Orick on Highway 101. The Scenic Highway Element attempts to accomplish numerous goals, including:

- To establish a system of scenic routes.

- To conserve scenic views observable from the routes.

- To provide multiple recreational uses on publicly owned lands adjacent to the routes.

- To recognize the dual scenic and economic value of lands planned for the growing and harvesting of timber and agricultural products.

 

 

Historical and Archaeological Resources

3530 GOAL

To provide for the protection and enhancement of cultural resources for the historic, scientific, educational, and social contributions they render to the present generation and to generations that follow.

3531 POLICIES

1. Cultural resources (including but not limited to archaeological, paleontological and architectural sites, grave sites and cemeteries) shall be identified where feasible, assessed as to significance, and if found to be significant, protected from loss or destruction.

2. Concerned citizens, historical organizations and applicable agencies shall be consulted during project review for the identification and protection of cultural resources.

3. Projects located in areas found to have cultural resources shall be conditioned and designed to avoid loss or degradation of these resources.

4. Expert opinions and field reconnaissance at the applicant's expense may be required during environmental assessment to determine the presence, extent, and condition of cultural resources and the likely impact upon such resources.

5. Archaeological and paleontological resources shall not be knowingly destroyed or lost through a discretionary action unless:

A. The site or resource has been found to be of insignificant value by relevant experts and representatives of the cultural resources community, or;

B. There is an overriding public benefit from the project, and compensating mitigation to offset the loss is made part of the project.

6. Mitigation measures shall be required where new development would adversely impact archaeological or paleontological resources.
3532 STANDARDS 1. "Cultural Resources" includes, but is not limited to, any object, building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, education, social, political, military, or cultural annals of Humboldt County. Sites, resources, or structures placed in Federal, State, or local historic registration programs shall also be recognized as historical resources.

2. The exact location of archaeological, paleontological, and grave sites shall not be publicly identified in order to prevent the possibility of theft or vandalism.

3. "Concerned citizens, historical organizations, and applicable agencies", should include, but not be limited to, the Humboldt County Historical Society, Northwest Indian Cemetery Protective Association, California Archaeological Site Survey at Sonoma State University, Humboldt County Public Works and Planning Departments, and the State Office of Historic Preservation, and other Native American groups and affected citizens.

4. Conditioning, designing or mitigating projects to avoid loss of cultural resources in general, but archaeological or paleontological resources in particular shall include, where applicable:

A. Changing building and construction sites and/or road locations to avoid sensitive areas, or;

B. Providing protective cover for sites that cannot be avoided, or;

C. Where appropriate and with the approval of all parties concerned, provide for the removal or transfer of culturally significant material by a professional archeologist or geologist.

Scenic Highways

3540 GOALS

1. Establish a system of scenic routes that will increase the enjoyment of, and opportunities for, recreational and cultural pursuits and tourism in the County.

2. Conserve, enhance, and protect scenic resources observable from scenic routes.

3. Provide multiple recreational uses, trails, roadside rests, picnicking and observation points when appropriate on present or future publicly owned lands adjacent to scenic routes.

4. Recognize the dual scenic and economic value of lands planned or zoned for the growing and harvesting of timber and other agricultural products by maintaining continued resource harvesting and production along scenic routes.

3541 POLICIES

The following policies serve as guidelines for the development of a scenic route system, and for the preparation of specific Scenic Route Plans.

1. The Scenic Routes System shall be developed and implemented through the adoption of specific Scenic Route Plans. The impetus for preparing Scenic Routes Plans should come from the Board of Supervisors, landowners or interested citizens. Except for Scenic Route Plans initiated by the Board of Supervisors, a petition of support signed by 25% or more of the property owners within the proposed scenic route shall be required to undertake any Route Study.

2. The Scenic Route System shall be consistent with adopted County and City General Plans, and shall be coordinated with local, state and federal agencies.

3. When considering Scenic Routes where regulations may have to be applied to productive or potentially productive natural resources, primary consideration shall be given to sound resource harvesting and management.

4. In both urban and rural areas, uses normally permitted by the General Plan and by zoning shall be allowed in Scenic Routes, except that scenic resources within officially designated Scenic Routes may be preserved and enhanced by supplementing normal zoning regulations with special height, area and setback regulations; by providing architectural and site design review; by regulating billboards, signs not relevant to the main use of the property, obtrusive signs, and automobile wrecking yards and junkyards. Design and location of signs may be regulated to prevent proliferation of unsightly signs along roadsides.

5. Specific development controls for any proposed Scenic Route shall be identified and adopted in the specific Scenic Route Plan for such route. The nature and type of controls may vary from route to route, and specific controls adopted for any one route or route segment do not necessarily apply to other routes within the scenic route system.

6. In regard to proposed development projects, the intent of the specific Scenic Route Plan shall be to render projects as aesthetically pleasing or as compatible with surroundings as possible, but not generally to determine whether or not the project itself should occur.

3542 STANDARDS

The following standards are applicable to the development of a countywide scenic route system. They should serve as the basis for the identification of specific development controls to be applied in the Scenic Route Plan.

1. The width of the Scenic Route shall not exceed 200 feet from the edge of the traveled roadway. If additional land is to be included in the Route, then the County shall purchase a Scenic Easement to cover such land.

2. The control and regulation of timber harvesting operations where permitted within an officially adopted Scenic Route shall remain solely under the jurisdiction of the California Department of Forestry. The County shall not require additional permits, nor be otherwise involved in the timber harvest permit process.

3. Lands planned and/or zoned by the County for the growing and harvesting of timber and agricultural products shall not be limited in their principal permitted uses by the adoption or designation of a Scenic Route. Should such action result in the application of regulations which exceed existing land use regulations, by any governmental body or agency, then the scenic highway or scenic highway route designation shall be withdrawn or terminated.

4. Buildings and landscaping shall be designed and located on the site to create a harmonious visual relationship with surrounding development and the natural terrain and vegetation.

A. Existing topography, vegetation and scenic features of the site shall be retained to the maximum extent possible and incorporated into the proposed development.

B. Structures and signs shall be limited in height, bulk, and siting to prevent visual competition with or dominance of existing land forms, vegetation, water bodies, or adjoining structures.

5. Structures, signs, and plant materials shall be constructed, installed and planted to complement, enhance, and retain scenic views. Vegetative screening shall be used where needed to prevent significant intrusion or degradation of public views.

6. New off-premise signs (billboards) should be limited to selective locations within Scenic Routes and specific dimensional limitations and limits on the number of on-premise and off-premise signs should be formulated as an element of each Scenic Route Plan.

7. Potentially unsightly features such as parking lots, etc. shall be located in areas not visible from the Scenic Route. Where it is not possible to locate such features out of view, they shall be effectively and expediently screened from view by planting and/or fences, walls, or berms. Screening shall utilize primarily natural materials rather than solid fencing, preferably vegetation in conjunction with low earth berms.

8. Any grading or earth-moving operation in conjunction with a proposed development shall be planned and executed in such a manner that final contours appear to be consistent with the existing terrain both on, and adjacent to, the site.

A. Vegetative cover shall be provided within a reasonable time after grading is completed to prevent visible scars remaining on the land from such operations.

B. Contours altered by grading should be restored by means of land sculpturing and a cover of top soil in such a manner as to minimize runoff and erosion and prevent ponding of water.

C. Finished contours shall be planted with plant materials native to the area, so as to require minimum care and to be visually compatible with the existing ground cover.

9. The location and design of access roads should not detract from the scenic quality of the route and should be consistent with the adopted Scenic Route Plan, where practicable.

10. New, relocated or existing utility distribution lines should be placed underground whenever feasible. When it is not feasible to place lines underground, they should be located so as to be inconspicuous from the scenic route. Combined or adjacent rights of way and common poles should be used wherever feasible.

11. No Scenic Route Plan shall regulate or interfere with the maintenance or operation of the Northwestern Pacific Railroad Company or the Arcata and Mad River Railroad. The maintenance and operation of North Western Pacific does not include bill boards (See adopted Humboldt Bay Local Coastal Plan, (Section 3.40(B)(5)).

                    12. No Scenic Route Plan shall regulate or prohibit commercial traffic. 13. The Humboldt County Board of Supervisors may initiate the preparation of specific Scenic Route Plans. Specific Scenic Route Plans may also be initiated through a formal request to the Board of Supervisors by landowners or interested citizens pursuant to Policy 1 of this element. All such requests should include a completed Scenic Route application and be submitted initially to the Planning Department.

14. The Planning Department will incorporate any requests for preparation of Scenic Route Studies into its annual Plan Implementation Program for Board consideration. Once the program has been approved by the Board of Supervisors, the Planning Department, in cooperation with the California Department of Transportation, shall prepare each Scenic Route Study.

15. The Planning Commission shall review each Scenic Route Study at a noticed public hearing, and transmit their recommendations to the Board of Supervisors.

16. The Board of Supervisors shall hold a noticed public hearing to consider each Scenic Route Study. At this point, the Board can:

A. Accept the study and abandon the proposal; or

B. Accept the study, order the preparation of a Scenic Route Plan, and may appoint a citizen's advisory committee to make recommendations on the plan.

17. The Planning Commission shall review each proposed Scenic Route Plan at a noticed public hearing and transmit their recommendations to the Board of supervisors. Recommendations by the Planning Commission on a proposed Scenic Route Plan shall be accompanied by a report stating whether or not the proposal has the support of 50% of the property owners and the owners of 60% of the property within the proposed Scenic Route segment.

18. The Board of Supervisors, upon receipt of the Planning Commission report and recommendations, may, by a majority vote, elect to:

A. Not hold a public hearing and deny the proposed plan, or;

B. Hold a public hearing and take whatever action is deemed proper.