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INITIAL STUDY and PROPOSED MITIGATED NEGATIVE INITIAL STUDY and PROPOSED MITIGATED NEGATIVE DECLARATION Trinity Equipment & Materials LLC Conditional Use Permit Application Weaverville, California APN 024-220-56-00 Lead Agency: Trinity County Department of Planning 61 Airport Road Weaverville, CA 96093 Technical Assistance by: 821 Main Street P.O. Box 172 Weaverville, CA 96093 April 2021 Table of Contents 1.0 Introduction 1.1 Introduction and Regulatory Guidance …………………………..………………………………………….1.0-1 1.2 Lead Agency …………………………………………………………………………………………………………1.0-1 1.3 Purpose of the Initial Study….…………………………..………………………………………………………1.0-1 1.4 Regulatory Background Related to Cannabis …………………………………………………………….1.0-2 1.5 Incorporation by Reference …………………………………………………………………………………….1.0-3 1.6 Review Process …………………………………………………………………………………………………….1.0-5 2.0 Project Description 2.1 Project Location and Setting …………………………………………………………………………………..2.0-1 2.2 Proposed Uses …………………………………………………………………………………………………….2.0-2 3.0 Environmental Checklist Project Information ………………………………………..……………………………….………………….…….3.0-1 Environmental Factors Potentially Affected ………………………………..…………………………………3.0-3 Determination ………………………………………………………………………………………………………….3.0.3 Evaluation of Environmental Impacts …………………………………………………………………………..3.0-4 I. Aesthetics ……………………………………………………………………………………………….3.0-5 II. Agriculture and Forestry Resources ………………………………………………………………3.0-9 III. Air Quality ………………………………………………………………………………………………3.0-11 IV. Biological Resources ……………………..………………………………………………………… 3.0-15 V. Cultural Resources …………………………………………………………………………………..3.0-20 VI. Energy ………………………………………..………………………………………………………..3.0-22 VII. Geology and Soils ……………………………………………………….…………………………..3.0-24 VIII. Greenhouse Gas Emissions …………………………………………………...…………………..3.0-27 IX. Hazards and Hazardous Materials …………………………………………..…………….……3.0-31 X. Hydrology and Water Quality ……………………………………………………………………3.0-35 XI. Land Use and Planning ………………………………………….…………………………………3.0-38 XII. Mineral Resources …………………………………………………………………………………..3.0-40 XIII. Noise …………………………………………………………………………………………………...3.0-42 XIV. Population and Housing …………………………………………………………………………..3.0-44 XV. Public Services …………………………………………………………………………..…………...3.0-45 XVI. Recreation ……………………………………………………………………………………….……3.0-48 XVII. Transportation ……………………………………………………………………………………….3.0-49 XVIII. Tribal Cultural Resources ………………………………………………………………………….3.0-51 XIX. Utilities and Service Systems ……………………………………………………………..………3.0-53 XX. Wildfire ………………………………………………………………………………………...………3.0-56 XXI. Mandatory findings of Significance ……………………………………………………..……..3.0-58 4.0 References …………………………………………………………………….………………………………………………4.0-1 5.0 Attachments Attachment A. SUD Guidelines ………………………………………………………………….…..…………………….5.0-1 Attachment B. Biological Assessment and CNDDB Data …………………………………………….………….5.0-100 Attachment C. Notice of Environmental Constraint ……………………………………..……….…….…………5.0-169 Attachment D. AB 52 Project Notification letter …………………………………………..……………………..….5.0-171 Figures Figure 2.0-1 Project Location …………………………………………………….…………….………………………...2.0-5 Figure 2.0-2 Site Plan …..…………….…………………………………………………………….………………………2.0-7 Figure 2.0-3 Weaver Creek – Lance Gulch 100-year Flood Zones …………………..……………….…………2.0-9 1.0 INTRODUCTION 1.1 Introduction and Regulatory Guidance This document is an Initial Study that summarizes the technical studies prepared for the proposed Trinity Equipment & Materials, LLC (“T.E.A.M.”) Conditional Use Permit (CUP) and provides justification for a Mitigated Negative Declaration (MND). This document has been prepared in accordance with the current California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines. The purpose of this document is to evaluate the potential environmental impacts of the proposed Trinity Equipment & Materials, LLC Commercial Cannabis Conditional Use Permit project (hereafter referred to as the “Project” or “proposed project”). Mitigation measures have been proposed to avoid or minimize any significant impacts that were identified. 1.2 Lead Agency The Lead Agency is the public agency with primary responsibility for implementing a proposed project. Accordingly, the Trinity County Planning Department (County) is the CEQA Lead Agency. 1.3 Purpose of the Initial Study CEQA requires that public agencies document and consider the potential environmental effects of the agency’s actions that meet CEQA’s definition of a “project.” Briefly summarized, a “project” is an action that has the potential to result in direct or indirect physical changes in the environment. A project includes the agency’s direct activities as well as activities that involve public agency approvals or funding. Guidelines for an agency’s implementation of CEQA are found in the “CEQA Guidelines” (Title 14, Chapter 3 of the California Code of Regulations). Provided that a project is not exempt from CEQA, the first step in the agency’s consideration of its potential environmental effects is the preparation of an Initial Study. The purpose of an Initial Study is to determine whether the project would involve “significant” environmental effects, as defined by CEQA, and to describe feasible mitigation measures that would avoid significant effects or reduce them to a level that is less than significant. If the Initial Study does not identify significant effects, then the agency prepares a Negative Declaration. If the Initial Study notes significant effects but also identifies mitigation measures that would reduce these significant effects to a level that is less than significant, then the agency prepares a Mitigated Negative Declaration. If a project would involve significant effects that cannot be readily mitigated, then the agency must prepare an Environmental Impact Report. The agency may also decide to proceed directly with the preparation of an Environmental Impact Report without an Initial Study. The proposed project is a “project” as defined by CEQA and is not exempt from CEQA consideration. The County has determined that the Project may potentially have significant environmental effects and therefore would require preparation of an Initial Study. This Initial Study describes the proposed project and its environmental setting, discusses the potential environmental effects of the Project, and identifies feasible mitigation measures that would eliminate any potentially significant environmental effects of the Project or reduce them to a level that would be less than significant. This Initial Study is a public information document that describes the proposed project, existing environmental setting at the Project site, and potential environmental impacts of construction and operation of the proposed project. It is intended to inform the public and decision-makers of the proposed project’s potential Trinity Equipment & Materials LLC Conditional Use Permit Application April 2021 Initial Study/Mitigated Negative Declaration 1.0-1 1.0 INTRODUCTION environmental impacts and to document the lead agency’s compliance with CEQA and the State CEQA Guidelines. This Initial Study concludes that the Project would have potentially significant environmental effects, all of which would be avoided or reduced to a level that would be less than significant with recommended mitigation measures. The Project applicant has accepted all the recommended mitigation measures. As a result, the County will prepare a Mitigated Negative Declaration and issue a Notice of Intent to adopt the Mitigated Negative Declaration for the Project. The time available for public comment on the Initial Study and Mitigated Negative Declaration will be shown on the Notice of Intent. 1.4 Regulatory Background Related to Cannabis State Regulatory Framework Until 1996, the cultivation, use, and sale of cannabis (also known as marijuana) for any purpose was illegal in the State of California. In 1996, California voters approved Proposition 215, which allowed seriously ill Californians the right to obtain and use cannabis for medical purposes when recommended by a physician. In 2015, the State Legislature enacted the Medical Cannabis Regulation and Safety Act (MCRSA), which mandated a comprehensive State licensure and regulatory framework for cultivation, manufacturing, distribution, transportation, testing, and dispensing of medical cannabis on a commercial basis. As the State was drafting regulations in compliance with MCRSA, California voters in 2016 approved Proposition 64, which legalized the use and possession of non-medicinal cannabis products within California by adults age 21 years and older. In June 2017, the State Legislature passed a budget trailer bill, Senate Bill (SB) 94, that repealed MCRSA and integrated its medicinal licensing requirements with Proposition 64 to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA provides the regulatory structure for commercial cannabis activities in California. MAUCRSA designates applicable responsibilities for oversight of cannabis commerce in California to several State agencies. The Bureau of Cannabis Control (BCC) is the lead agency in regulating commercial cannabis licenses for retailers, distributors, testing labs, and microbusinesses involved with medical and adult-use cannabis. CalCannabis Cultivation Licensing, a division of the California Department of Food and Agriculture (CDFA), licenses and regulates commercial cannabis cultivators and manages the State’s “track-and-trace” system that tracks cannabis and its products from
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