Draft Program Environmental Impact Report

General Plan Amendment, Zone Reclassification, and Final Map Subdivision, Town of Scotia (State Clearinghouse No. 2007052042)

Prepared for:

The Pacific Lumber Company

For submittal to:

Humboldt County Department of Community Development Services

Consulting Engineers and Geologists, Inc. 812 W. Wabash Ave. Eureka, CA 95501-2138 January 2008 707/441-8855 005161.106

Reference: 005161.106 Draft Program Environmental Impact Report

General Plan Amendment, Zone Reclassification, and Final Map Subdivision, Town of Scotia (State Clearinghouse No. 2007052042)

Prepared for: The Pacific Lumber Company

Lead Agency: Humboldt County Department of Community Development Services, Planning Division

Contact: Michael Wheeler, Senior Planner Humboldt County Planning 3015 H Street Eureka, CA 95501 (707) 268-3730 [email protected]

Prepared by:

Consulting Engineers and Geologists, Inc. 812 W. Wabash Ave. Eureka, CA 95501-2138 707-441-8855

January 2008

QA/QC: MKF___

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Draft Program Environmental Impact Report Executive Summary General Plan Amendment, Zone Reclassification, and Final Map Subdivision Town of Scotia, January 2008 Executive Summary

Introduction

The Pacific Lumber Company (PALCO) has submitted a tentative map to Humboldt County Department of Community Development Services, Planning Division to subdivide the Town of Scotia. An additional application has been filed with the Local Agency Formation Commission (LAFCo) to form a Community Services District (CSD). Humboldt County is the lead agency under the California Environmental Quality Act (CEQA).

The purpose of the subdivision is to create individual parcels for existing residential and commercial properties, and public facilities. The proposed subdivision would involve the sale of residential and commercial lots (all of which are currently owned and operated by PALCO) to individual property owners.

The purpose of the CSD is to transfer some portion, or all of the services currently managed by PALCO, to a CSD in support of the subdivision. The CSD would be administered by an elected board of directors, which would maintain the same duties and responsibilities as management under a city council.

The proposed CSD and subdivision would require the following changes to Humboldt County General Plan land use designations and zoning code: 1. A General Plan Amendment to reclassify land use designations 2. A Text Amendment to the Humboldt County Code, Zoning Regulations, to allow for consistency in zoning classifications 3. A rezone from Unclassified (U) into six different zones 4. A Design Control “D” combining zone applicable to the residential and commercial portion of the project area subject to the proposed rezone, a Planned Development “P” combining zone applicable to the residential and commercial areas subject to the rezone, and a Noise Impact “N” combining zone to applicable residential areas subject to noise levels in excess of County noise compatibility standards--the project also proposes to apply a Qualified “Q” combining zone 5. Extension of Urban Limit Line

The purpose of the General Plan amendment, text amendments to the zoning code, and rezone is to change land use designations and zoning to match existing land uses and to achieve consistency between land use designations and zoning. The purpose of combining zones is to address issues related to control, safeguard, preserve, and enhance areas of historical, scenic, civic or cultural significance (Design Control “D” zone); to encourage planned developments to allow flexibility in the administration of the development standards of the underlying zone (Planned Development “P” zone); and address noise levels exceeding County noise standards (N zone). The Qualified “Q” combining zone will apply to 35 existing multi-car garage lots in the Residential-One family, restricting the use.

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The design review procedure established under the “D” combining zone and the incorporation of Scotia Design Guidelines would establish both the procedure and performance standards sufficient to reduce the impact on historic resources to less than significant.

The Scotia Volunteer Fire Department (SVFD) would be merged under the CSD, which has enabling powers to oversee fire districts, and would continue to function as a volunteer fire department. Alternatively, Scotia will form a new fire district and a special benefit assessment fee will be implemented to pay for operations of the SVFD. Either decision does not require new buildings, but could require upgrades to the equipment. The formation of the fire district or inclusion of SVFD in the CSD are both considered environmentally neutral and would result in less than significant impacts.

The project application before the County is a General Plan Amendment, Zone Reclassification, Final Map Subdivision, Planned Unit Development and Extension of the Urban Limit Line. The intent of the Program Environmental Impact Report (Program EIR) is to evaluate the environmental effects (including physical, biological, and social effects) of the proposed application submitted to the County in compliance with CEQA. Humboldt County Department of Community Development Services, Planning Division would be the lead agency under CEQA. In addition, LAFCO, as a responsible agency, will use the document to provide for CEQA analysis actions related to the formation of a CSD.

Summary of Impacts and Mitigation Measures

Significance of a Historical Resource

A historic resources report was prepared for PALCO to address the historic significance of the Town, neighborhoods, and buildings (Scotia: Historic Assessment Study, TBA West, Inc., September 2007). The historic resources report included a discussion of historical background, description of the historical resources, evaluation of significance, impacts of the proposed project, and mitigation measures.

Historic districts are a concentration of historic buildings, structures, objects, or sites within precise boundaries that share a common historical, cultural, or architectural background. Individual resources within an historic district may lack individual significance but be considered a contributor to the significance of the historic district. In terms of this assessment, significance resources that are components of the district are referred to as “contributing.” “Non-contributing” sites, although located in a district, do not possess integrity within the period of significance.

The period of significance of an historical resource is the date or span of time within which significant events transpired, or significant individuals made their important contributions. Based on the findings for Scotia, the period of significance is between 1896 and 1959.

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Evaluation of Significance

The historic resources report identified significant features and characteristics of Scotia’s residential, industrial, and commercial developments and other components.

A total of 309 out of 341 historic resources were identified as “highly significant” and listed as “contributing” resources in terms of historic district eligibility.

Table A Historically Significant Contributing Resources, Town of Scotia Resource Type # of Contributing Resources (total) Residential 271 (271) Commercial & Institutional 12 (19) Industrial 24 (48) Recreational and Landscape Areas A variety of manmade landscape elements in Scotia add to the character of the town Totals 309 (341)

Historical Resources Findings

Major findings of the historical resources study include: · Scotia’s setting, as the last company-owned town of its kind in California, has regional and statewide importance. Scotia’s uses are a vital part of a community directly associated with a single industry’s parent company. · Scotia’s vernacular architecture is significant, both as single, individual resources, and as homogenous, collective contributors to a larger, historically, architecturally, and culturally significant district. Shared and continuous elements connect the residences in a way that indicates Scotia’s historical status as a company town. These continuous elements include, but are not limited to, walls, uniform picket fences, landscape elements and signs. · Scotia’s social and cultural character, reflective of the hierarchy, structure, welfare, values, and attitudes of a company town, are associated with the company’s ability to provide services and amenities for its employees and staff. The historical and current availability of employment, housing, and accessible social activities is dependent on the company’s industrial sustainability. The physical layout of the town reflects the ideal vision of a model company town. · Industrial, residential, commercial, institutional, recreational, and landscape components of Scotia are located within walking distance of each other. The pedestrian friendly atmosphere is an important character-defining feature of Scotia. · The environmental setting of Scotia’s working community—adjacent to the Eel River—is distanced from more urbanized areas such as Eureka.

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· Visible aspects of the streetscape are character-defining features of Scotia. These elements were constructed during the period of significance and include such features as sidewalks, lighting and utility elements, fire hydrants, sewer covers, stone retaining walls, retaining walls, public railings, continuous picket fences, and trees.

Based on these and other findings, Scotia is potentially eligible as a historic district consisting of collective resources in accordance with applicable plans, policies, codes and regulations set forth by the California Environmental Quality Act, the National Park Service and the California Office of Historic Preservation. However, this designation is not sought by PALCO. The historic area for the Town of Scotia is illustrated in Figure A.

Figure A. Contributing & Non-contributing Historic Resources, Town of Scotia, California

Design Guidelines

Design Guidelines have been prepared for existing and new buildings in accordance with the Secretary of Interior Standards (Appendix D: Design Guidelines: Scotia Historic & Cultural Resources, TBA West, Inc.).

These Guidelines will be incorporated into an ordinance establishing the “D” combining zone and applied to areas with “Q” combining zones as well. These Guidelines address site planning and relationship to surroundings; scale, height and massing of buildings; materials, texture and colors;

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light and signage; equipment, service areas and energy efficiency; landscape elements; utilities and public improvements; accessibility, health, and safety; demolition; database of materials and record of rehabilitation; and, Certificate of Appropriateness Checklist.

To mitigate potential impacts to historic resources the following mitigation measures are recommended:

Mitigation Measure 2.5.1a: The application of the “D” combining zone will be accomplished by a County ordinance specific to Scotia (Appendix A). This ordinance will establish a Scotia Design Review Committee to be appointed by the Humboldt County Board of Supervisors and adopt the design guidelines presented in Appendix D.

The purpose of the “D” combining zone is to provide design review for conformance of repairs, remodels, and additions to existing “contributing” structures as well as repairs, remodels, and additions to existing “non-contributing” resources and new construction with the policies of the General Plan and the standards set forth in the design guidelines.

The Scotia Design Review Committee (SDRC) will: 1. Review applications to alter or demolish all or part of any structure identified as a contributing historic structure in the “Historic Resources Inventory” for consistency with Scotia design guidelines and for compatibility with existing contributing historic structures. 2. Review applications to alter or demolish all or part of any structure identified as a non- contributing historic structure in the “Historic Resources Inventory” for consistency with Scotia design guidelines and for compatibility with existing contributing historic structures. 3. Review applications for new construction for consistency with Scotia design guidelines and for compatibility with existing contributing historic structures.

The SDRC shall, to the extent it deems appropriate, have the authority to: 1. Make recommendations to the Humboldt County Planning Commission for discretionary projects or to the Planning Director for administerial projects involving contributing historical structures for approval of or conditional approval of projects under review. These recommendations may include restrictions on the use of such property or requirements to retain historical characteristics. These recommendations shall be based on the application of the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Scotia design guidelines. 2. Assist studies or programs designed to identify and evaluate structures, other physical features, sites, and areas that are worthy of preservation. 3. Review projects for development of new structures for consistency with Scotia design guidelines and for compatibility with existing contributing historic structures.

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4. Inspect and investigate structures, other physical features, sites, and areas that are worthy of preservation. 5. Consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas, including exploring means of financing the restoration or maintenance thereof. 6. Make appropriate recommendations on the general subject of preservation to the Planning Commission, Board of Supervisors, other public and private agencies and bodies, and the general public.

Mitigation Measure 2.5.1b: The “Q” combining zone has been applied to select Commercial (C-2/Q) and Industrial (MH/Q) zoned parcels by the 2003 rezone completed by Humboldt County. The “Q” combining zone stipulates that any structure that is determined to be a historic resource shall not be subjected to substantial adverse change, including demolition, destruction, relocation, or alteration of the structure or immediate surrounding such that the significance of a historical resource would be materially impaired.

Mitigation Measure 2.5.1c: The application of the “P” combining zone allows for “applied development standards” and brings the project in compliance with the Humboldt County zoning code.

Substandard parcels (those with non-complying standards) may face restrictions to further development. For example, a substandard parcel with a non-complying standard for lot size or lot coverage (or both) could not expand and exceed the existing lot coverage standard or encroach into the existing yard setback.

These restrictions will reinforce the maintenance of the general character of the layout and configuration of residential structures further protecting the integrity of historically significant resources.

Mitigation Measure 2.5.1d: Future property owners in Scotia shall be informed through real estate disclosure of the existence of any historic conservation controls such as the “D” and “Q” combining zones, Scotia design guidelines, the design review process, restrictions inherent in the “P” combining zone “applied development standards,” and other requirements that may apply to properties in Scotia. The application and compliance of Scotia design guidelines shall be part of the property deed requirements recorded with each deed.

Mitigation Measure 2.5.1e: The State of California Historic Building Code (SHBC) can be used for projects within the historic area of Scotia. The SHBC recognizes and endorses the need, on a case-by-case basis, to find and adopt reasonable alternatives or reasonable levels of equivalency for situations where strict compliance with established statutes or regulations would negatively affect an historic resource’s historic appearance or jeopardize its economic viability.

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Mitigation Measure 2.5.1f: The project could result in indirect impacts to the "ways in which people live, work, play, and relate to one another," over time. The design guidelines include a number of recommendations that the community can use to provide programs and incentives to maintain viability and stability in terms of the local economy and community life in the future. Financial incentives to supplement preservation in Scotia are recommended. Other types of incentives, such as charitable contributions state tax incentives (Mills Act), investment for low-income housing, easements, revolving funds, numerous types of grants and loans, are all available and should be encouraged and supported.

Significance After Mitigation:

The combination of the “D,” “P,” and “Q” combining zones and associated design review and design guidelines will reduce potentially significant impacts on Scotia’s historically significant physical structures, including streetscape elements, to less than significant. Strategies for encouraging and supporting preservation efforts in Scotia are also recommended. The composite effect of maintaining the integrity of individual contributing elements as well as design control over new construction will protect the integrity of the town as a whole and its eligibility for historic district status.

However, predicting or controlling the social and economic events in the future is not possible. While the mitigation measures will protect the physical environment as required by CEQA, it perhaps should be noted—given that Scotia is one of the last company towns in the United States and the last in California—that the social fabric of the community likely will change over time. Future residents may or may not have any connection with Scotia as a timber town or a timber production heritage. The “common bond” among residents working for PALCO (for generations) or otherwise involved in the timber industry would likely give way over time to a more diverse and non-timber industry social orientation. That is, “the ways in which people relate to one another, organize, socialize, and generally cope as members of a company town” likely will change. This change, however, is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)). While the County Board of Supervisors may wish to take particular note of it, no CEQA statement of overriding considerations is required respecting the change.

Other Impacts and Mitigation Measures

Mitigation Measures are proposed to mitigate impacts related to unknown archaeological resources, air emissions (PM-10) during construction, geologic hazards, and a temporary increase in ambient noise during construction. These mitigation measures would reduce these impacts to less than significant.

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Project Alternatives

This Program EIR evaluates impacts of the three alternatives to the proposed project, and through comparison, determines the “Environmentally Superior” alternative.

No Project Alternative

Under the “No Project Alternative,” Scotia would continue to be operated by PALCO, or another private entity. Scotia would continue to be subject to the land use and zoning regulations of Humboldt County. Under this alternative, Scotia would not be subdivided and would continue to be rented out and maintained by a private entity. The Wastewater Treatment Facility (WWTF) and Water Treatment Facility (WTF) would continue to be operated by PALCO. Current industrial facilities would continue to operate under existing conditions.

A “Q” combining zone, created during the 2003 rezoning, will provide existing mechanisms for protecting historical resources in the industrial and commercial uses. No legal means of protecting existing historic residential resources would be available or implemented.

Alternative A—Annexation to Rio Dell

Alternative A would involve annexation of the Town of Scotia into the City of Rio Dell. A Draft Program EIR was prepared but not finalized or released to the public for this alternative before PALCO opted in favor of the current application.

The project, under Alternative A, would include a residential subdivision of the same area as the proposed project. Annexation would require amendments to the City of Rio Dell’s General Plan and zoning code in order to bring actual land uses into compliance with Rio Dell General Plan policies and land use designations and zoning regulations. Combining zones for Design Control “D,” Noise “N,” Planned Development “P,” and Timber Production “TPZ” would also be applied.

The City of Rio Dell would be responsible for operating water and wastewater treatment facilities as well as parks, street lights, landscaped open spaces, and selected roadways and streets.

As part of the subdivision, the City of Rio Dell was requiring full frontage improvements (curbs, gutters, and sidewalks) that meet current American Disabilities Act (ADA) requirements. Due to the historical significance of the Town of Scotia as a whole, the impacts of these improvements on the historic integrity of the town would be significant, adversely affecting its eligibility for historic district status. Additionally, the sale of individual lots and the loss of the overall company town orientation of its residents would likely result in a change in the social fabric overtime. Mitigations may not reduce indirect impacts on these “intangible assets” (social fabric) to less than significant levels. However, this change is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)).

Upgrades or construction of a new WWTF could result in significant environmental impacts to agricultural resources, cultural resources, and biological resources, among others.

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Alternative B—Home Owners Association and Private Utilities

Alternative B would involve a subdivision of residential and commercial parcels that would then be available for sale. Individual parcels would be maintained by individual owners. A Home Owners Association (HOA) would be created to maintain common areas such as alleys and certain roads, streetlights, landscaped open spaces, and parks. The HOA would be a non-profit organization with an elected board of directors. The combining zones “D,” “N,” and “P” would also be a part of this alternative.

The HOA could develop design guidelines and other regulations to protect and preserve the historically significant properties in the Town of Scotia.

The water and wastewater treatment facilities would be sold to private parties to own and operate within the existing Town of Scotia. PALCO electrical services would be sold to PG&E. Other existing private utilities (such as natural gas, cable, telephone, and fiber optic cables) would continue to be privately owned and operated. The County would continue to maintain dedicated streets and roadways.

No significant impacts to the natural environment would occur under the Alternative B.

The sale of individual lots and the loss of the overall company town orientation of its residents would likely result in a change in the social fabric over time. Mitigations may not reduce indirect impacts on these “intangible assets” (social fabric) to less than significant levels. However, this change is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)).

Environmentally Superior Alternative

Because the “No Project” alternative assumes that no change would occur, this alternative is the least environmentally damaging. However, the “No Project” alternative would not allow the project to achieve any of its objectives. This Program EIR finds that the proposed project is the “environmentally superior alternative” because it results in the least damage to the environment, best protects community and natural resources, and meets the objectives of PALCO.

The combination of the “D,” “P” and “Q” combining zones and associated design review and design guidelines incorporated into the proposed project will reduce potentially significant impacts on Scotia’s historical physical structures, including streetscape elements and its eligibility for historic district status, to less than significant.

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or otherwise involved in the timber industry would likely give way over time to a more diverse and non-timber industry social orientation. That is, “the ways in which people relate to one another, organize, socialize, and generally cope as members of a company town” likely will change. This change, however, is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)). While the County Board of Supervisors may wish to take particular note of it, no CEQA statement of overriding considerations is required respecting the change.

Growth Inducing Impacts

The proposed CSD and subdivision would not result in a substantial increase in population. The subdivision would create three vacant residential lots that could be developed. Housing developed on these newly created parcels could accommodate a small number of people (10-15). The remainder of the residential areas would remain unchanged in terms of population and available housing. No additional vacant land would be made available for residential development. Similarly, the creation of two additional commercial lots, vacant and available for development, would not result in substantial increase in employment opportunities that would attract people to the area, and, as a result, increase the population. No additional vacant land would be made available for commercial development. The land area within the proposed CSD boundary is already developed (built out) in residential, commercial, or industrial uses. The project would not result in any growth inducement.

Cumulative Impacts

The proposed CSD and subdivision would not result in a substantial increase in population. The subdivision would create three additional residential lots and two commercial lots that could be developed. Housing developed on these newly created parcels could accommodate a small number of people (10-15). There would be no changes in the remainder of the residential areas in terms of population and available housing. Similarly, the creation of two additional commercial lots, vacant and available for development, would not result in substantial increase in employment opportunities that would attract people to the area and, as a result, increase the population. No additional vacant land would be made available for residential or commercial development. No significant increase in employment opportunities (beyond historic levels) is expected that could result in increases in out-of-area traffic or the need for new residential construction in the City of Rio Dell or surrounding areas to accommodate new employees. Infrastructure (such as, water and wastewater services) is adequate to support the existing population. No expansion or upgrades of water or wastewater systems are required that could increase the capacity and encourage additional development.

Significant Irreversible Changes

The formation of a CSD and subdivision of lands within the Town of Scotia would not result in significant changes in the community or natural environment of Scotia. Measures are proposed to

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mitigate impacts related to historic resources, unknown archaeological resources, air emissions (PM-10) during construction, geologic hazards, and a temporary increase in ambient noise during construction. These mitigation measures would reduce these impacts to less than significant.

Effects Found Not To Be Significant

This Program EIR determined that the majority of possible significant effects would not be significant. Additionally, the application of combining zones for Design Review, Planned Development, Noise Impact, and Qualified further protect the historic significance of the neighborhoods and buildings within Scotia. All potentially significant impacts have been mitigated to less than significant. Each of the potential significant effects is discussed in detail for both the Community Environment (Chapter 2) and the Natural Environment (Chapter 3). In each of these cases, the bases of the findings of “no impact” or “less than significant impact” are documented. Long-term Benefits vs. Short-Term Gains

The CSD formation and subdivision was determined to be the “Environmentally Superior” project by this Program EIR. The proposed project best meets the objectives of PALCO while resulting in the least environmental damage of the other alternatives. The creation of “D,” “P,” and “Q” combining zones best serves the long-term protection and preservation of the historically significant neighborhoods and buildings within Scotia. Design guidelines and strategies to encourage and promote historic preservation will protect the historic character of the town and its eligibility as an historic district. The project will likely result in a change in social fabric over time and this change will be significant and unavoidable.

The “N” combining zone addresses those residential areas adjacent to Highway 101 and the mill and associated facilities that exceed County noise standards. The CSD would own and operate the water and wastewater treatment facilities, and maintain landscape open space, certain roads and streets (including alleys), streetlights, and parks. The SVFD would be merged under the CSD, which has enabling powers to oversee fire districts, and would continue to function as a volunteer fire department. These are all long-term benefits to the residents and workers in the Town of Scotia. There are no short-term gains that result in a reduction of long-term benefits.

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Table of Contents Page Executive Summary...... i Introduction ...... i Summary of Impacts and Mitigation Measures ...... ii Significance of a Historical Resource ...... ii Evaluation of Significance ...... iii Historical Resources Findings...... iii Design Guidelines...... iv Other Impacts and Mitigation Measures...... vii Project Alternatives...... viii No Project Alternative...... viii Alternative A—Annexation to Rio Dell...... viii Alternative B—Home Owners Association and Private Utilities ...... ix Environmentally Superior Alternative ...... ix Growth Inducing Impacts...... x Cumulative Impacts ...... x Significant Irreversible Changes...... x Effects Found Not To Be Significant...... xi Long-term Benefits vs. Short-Term Gains ...... xi Chapter 1. Introduction...... 1-1 1.1 Background...... 1-1 1.2 Program Environmental Impact Report ...... 1-2 1.3 Use with Subsequent EIRS and Negative Declarations...... 1-3 1.4 Notice with Later Activities...... 1-3 1.5 Intended Uses of This Program EIR...... 1-3 1.6 Documents Incorporated by Reference...... 1-3 1.7 Other Actions Required ...... 1-6 1.7.1 Humboldt County Local Agency Formation Commission...... 1-6 1.8 Organization of This Environmental Document...... 1-6 1.9 Project Description...... 1-7 1.9.1 Background...... 1-7 1.9.2 Project Objectives...... 1-8 1.9.3 Land Uses...... 1-9 1.9.4 Proposed Project ...... 1-10 1.9.4.1 Proposed General Plan Amendment ...... 1-10 1.9.4.2 Proposed Zoning Regulation Text Amendment...... 1-11 1.9.4.3 Proposed Rezone ...... 1-11 1.9.4.4 Design Control “D,” Planned Development “P,” and Noise Impact “N”, and Qualified “Q” Combining Zones ...... 1-14 1.9.4.5 Extension of the Urban Limit Line ...... 1-15 1.9.4.6 Proposed Subdivision ...... 1-15 1.9.4.7 Changes to Infrastructure...... 1-16 1.9.4.8 Development Plan ...... 1-20 1.9.4.9 LAFCo Application for Formation of a CSD to Provide Services...... 1-22 1.9.4.10 CSD Formation...... 1-22 1.9.4.11 Scotia Volunteer Fire Department merger with CSD...... 1-25

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc xv Table of Contents, Continued Page Chapter 2. Community Environment ...... 2-1 2.1 Land Use and Planning...... 2-1 2.1.1 Environmental Setting...... 2-1 2.1.2 Applicable Plans, Policies, Codes, and Regulations ...... 2-2 2.1.3 Impact Evaluation Criteria ...... 2-3 2.1.4 Impacts and Mitigation...... 2-4 2.2 Population and Housing...... 2-6 2.2.1 Environmental Setting...... 2-6 2.2.2 Applicable Plans, Policies, Codes, and Regulations ...... 2-7 2.2.3 Impact Evaluation Criteria ...... 2-8 2.2.4 Impacts and Mitigation ...... 2-9 2.3 Public Services...... 2-10 2.3.1 Environmental Setting...... 2-10 2.3.2 Applicable Plans, Policies, Codes, and Regulations ...... 2-11 2.3.3 Impact Evaluation Criteria ...... 2-12 2.3.4 Impacts and Mitigation ...... 2-12 2.4. Utilities and Service Systems...... 2-12 2.4.1 Environmental Setting...... 2-12 2.4.2 Applicable Plans, Policies, Codes, and Regulations ...... 2-20 2.4.3 Impact Evaluation Criteria ...... 2-21 2.4.4 Impacts and Mitigation...... 2-22 2.5 Cultural Resources...... 2-24 2.5.1 Environmental Setting...... 2-24 2.5.2 Applicable Plans, Policies, Codes, and Regulations ...... 2-31 2.5.3 Impact Evaluation Criteria ...... 2-32 2.5.4 Impacts and Mitigation...... 2-32 2.6 Aesthetics ...... 2-40 2.6.1 Environmental Setting...... 2-40 2.6.2 Applicable Plans, Policies, Codes, and Regulations ...... 2-40 2.6.3 Impact Evaluation Criteria ...... 2-41 2.6.4 Impacts and Mitigation...... 2-41 2.7 Transportation and Traffic...... 2-42 2.7.1 Environmental Setting...... 2-42 2.7.2 Applicable Plans, Policies, Codes, and Regulations ...... 2-43 2.7.3 Impact Evaluation Criteria ...... 2-44 2.7.4 Impacts and Mitigation...... 2-44 Chapter 3. Natural Environment...... 3-1 3.1 Soils and Geologic Resources...... 3-1 3.1.1 Environmental Setting...... 3-1 3.1.2 Applicable Plans, Policies, Codes, and Regulations ...... 3-2 3.1.3 Impact Evaluation Criteria ...... 3-3 3.1.4 Impacts and Mitigation...... 3-4 3.2 Hydrology and Water Resources...... 3-5 3.2.1 Environmental Setting...... 3-5 3.2.2 Applicable Plans, Policies, Codes, and Regulations ...... 3-8 3.2.3 Impact Evaluation Criteria ...... 3-11

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Chapter 5. Other CEQA Considerations ...... 5-1 5.1 Growth Inducing Impacts...... 5-1 5.2 Cumulative Impacts ...... 5-1 5.3 Mitigation Monitoring or Reporting ...... 5-3 5.3.1 Significant Historical Resources ...... 5-3 5.3.2 Unknown Archaeological Resources ...... 5-4 5.3.3 Construction-related Air Emissions...... 5-5 5.3.4 Construction-related to Geologic Hazards...... 5-6 5.3.5 Construction-related Noise ...... 5-6 5.4 Significant Irreversible Changes...... 5-7 5.5 Effects Found Not To Be Significant ...... 5-8 5.6 Long-Term Benefits Vs. Short-Term Gains ...... 5-8 Chapter 6. References...... 6-1 Chapter 7. List of Preparers...... 7-1

Appendices

A. Sample D Combining Zone Ordinance B. Development Plan C. Historical Resource Assessment D. Design Guidelines E. Traffic Analysis, Scotia Rezone and Subdivision F. Geologic Hazard Evaluation Report G. Environmental Sound Assessment for Residential Rezone and Subdivision of Scotia, California H. Sensitive Species Potentially Present in the Project Vicinity

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Figures Follows Page

A. Contributing & Non-contributing Historic Resources, Town of Scotia, California .... iv 1-1 Vicinity Map ...... 1-8 1-2 Existing Humboldt County General Plan ...... 1-10 1-3 Existing Humboldt County Zoning ...... 1-10 1-4 Proposed Humboldt County General Plan...... 1-12 1-5 Proposed Humboldt County Zoning...... 1-12 2-1 Scotia Parks and Recreation ...... 2-10 2-2 Wild and Scenic...... 2-40 2-3 State Scenic Highway Designations for Humboldt County ...... 2-40 2-4 Scotia Circulation...... 2-42 3-1 Tectonic Setting ...... 3-2 3-2 Hydrological Resources and Flood Hazards ...... 3-6 3-3 Noise Overlay Zone...... 3-26 4-1 City of Rio Dell Annexation Boundaries ...... 4-4

Tables Page

A. Historically Significant Contributing Resources, Town of Scotia...... iii B. Comparison of Project and Alternatives...... xii 1-1. Existing and Proposed General Plan Designations for Scotia ...... 1-11 1-2. Existing and Proposed Zones for Scotia ...... 1-12 1-3 Standard and Substandard Lots ...... 1-21 1-4. Off-street Parking...... 1-22 2-1. Secondary Treated Wastewater Effluent Infiltration Standards...... 2-15 2-2. Historically Significant Contributing Resources, Town of Scotia...... 2-30 3-1. North Coast Air Quality Standards and Status for Criteria Pollutants...... 3-15 3-2. Regulated Substances Stored at PALCO Facilities...... 3-18 3-3. Maximum Allowable Ambient Noise Exposure ...... 3-26

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Draft Program Environmental Impact Report Chapter 1 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Introduction Town of Scotia, January 2008

Introduction

The following sections are included in this introductory chapter: 1.1 Background 1.2 Program Environmental Impact Report (Program EIR) 1.3 Use with Subsequent EIRs and Negative Declarations 1.4 Notice with Later Activities 1.5 Intended Uses of This Program EIR 1.6 Documents Incorporated by Reference 1.7 Other Actions Required 1.8 Organization of this Environmental Document 1.9 Project Description

1.1 Background

PALCO has submitted a tentative map with Humboldt County to subdivide the Town of Scotia. An additional application has been filed with the LAFCo to form a CSD. A Notice of Preparation (NOP) has been prepared and circulated by Humboldt County in compliance with CEQA (State Clearinghouse # 2007052042).

The purpose of the subdivision is to create individual parcels for existing residential, commercial properties, and public facilities. The proposed subdivision would involve the sale of residential and commercial lots, all of which are currently company owned and operated by PALCO, to individual property owners.

The purpose of the CSD is to transfer some portion or all of the public services and utilities currently managed by PALCO to a CSD in support of the subdivision. The CSD would be administered by an elected board of directors, which would maintain the same duties and responsibilities as management under a city council.

The proposed CSD and subdivision would require the following changes to County General Plan land use designations and zoning code: 1. A General Plan Amendment to reclassify land use designations 2. A Text Amendment to the Humboldt County Code, Zoning Regulations, to allow for consistency in zoning classifications 3. A rezone from Unclassified (U) into six different zones 4. A Design Control “D” combining zone applicable to the portion of the project area subject to the proposed rezone, a Planned Development “P” combining zone applicable to the residential and commercial areas subject to the rezone, and a Noise

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Impact “N” combining zone to applicable residential areas subject to noise levels in excess of County noise compatibility standards, and apply a Qualified “Q” combining zone for the 35 garage units 5. Extension of Urban Limit Line

The purpose of the General Plan amendment, text amendments to the zoning code, and rezone is to change land use designations and zoning to match existing land uses. The purpose of the combining zones is to address issues related to the control, safeguard, preservation, and enhancement areas of historical, scenic, civic or cultural significance (D zone); to encourage planned developments to allow flexibility in the administration of the development standards of the underlying principal zone (P zone); and address noise levels exceeding County noise standards (N zone). The “Q” combining zone will apply to the 35 existing multi-car garage lots in the Residential-One family zone, restricting the use.

The SVFD would be merged under the CSD, which has enabling powers to oversee fire districts, and would continue to function as a volunteer fire department. Alternatively, Scotia will form a new fire district and a special benefit assessment fee will be implemented to pay for operations of the SVFD. Either decision does not require new buildings, but could require upgrades to the equipment. The formation of the fire district or inclusion of SVFD in the CSD are both considered environmentally neutral and would result in less than significant impacts.

1.2 Program Environmental Impact Report

The project application before the County is a General Plan Amendment, Zone Reclassification, Final Map Subdivision, Planned Unit Development and Extension of the Urban Limit Line. The intent of this Program Environmental Impact Report (Program EIR) is to evaluate the environmental effects (including physical, biological, and social effects) of the proposed application submitted to the County in compliance with CEQA. Humboldt County Department of Community Development Services, Planning Division would be the lead agency under CEQA. In addition, LAFCo, as a responsible agency, will use the document to provide for CEQA analysis of actions related to the formation of a CSD.

According to CEQA guidelines, a Program EIR can be used effectively with a decision to carry out a new governmental program or to adopt a new body of regulations in a regulatory program. The Program EIR enables the agency to examine the overall effects of the proposed course of action and to take steps to avoid unnecessary adverse environmental effects.

A Program EIR is an informational document, which would inform public agency decision-makers and the public generally of the significant environmental effects of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project. The public agency shall consider the information in the Program EIR along with other information, which may be presented to the agency.

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While the information in the Program EIR does not control the agency’s ultimate discretion on the project, the agency must respond to each significant effect identified in the Program EIR by making findings under CEQA Section 15091 and, if necessary, making a statement of overriding consideration under Section 15093.

The information in a Program EIR may constitute substantial evidence in the record to support the agency’s action on the project if its decision is later challenged in court.

1.3 Use with Subsequent EIRS and Negative Declarations

A Program EIR can be used to simplify the task of preparing environmental documents on later parts of the program. The Program EIR can: · provide the basis in an initial study for determining whether the later activity may have any significant effects; · be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives, and other factors that apply to the program as a whole; and · focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before.

1.4 Notice with Later Activities

When a law other than CEQA requires public notice when the agency later proposes to carry out or approve an activity within the program and to rely on the Program EIR for CEQA compliance, the notice for the activity shall include a statement that: · this activity is within the scope of the program approved earlier, and · the Program EIR adequately describes the activity for the purposes of CEQA.

1.5 Intended Uses of This Program EIR

This Program EIR has two basic uses: 1. First, it provides analysis of environmental effects of the proposed subdivision of the Town of Scotia, and the actions necessary to carry out the formation of a CSD. 2. Second, it serves as a first-tier EIR for subsequent environmental review on projects that would implement the CSD and subdivision.

1.6 Documents Incorporated by Reference

Several documents have been incorporated by reference in this Program EIR. The relationship of each of these references to the project is summarized below.

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· Environmental Study of the Town of Scotia, compiled by SHN, September 2007

The Environmental Study of the Town of Scotia is an excerpt from the environmental setting information prepared for the Review Draft Program EIR for proposed annexation and subdivision to the City of Rio Dell by Planwest Partners in January 2007.

The Review Draft Program EIR (by Planwest) for proposed annexation provided a description of the project (annexation and subdivision) and the setting (Scotia and its environs), and evaluated potential environmental impacts associated with a General Plan and Zoning amendment, and Tentative Subdivision Map. Subsequently, the annexation process with Rio Dell was withdrawn by PALCO in favor of forming a CSD.

Specifically, this Draft Program EIR for CSD formation (and subdivision) used much of the information from the Planwest Review Draft Program EIR in describing the environmental setting (existing conditions) in Chapter 2 (Community Environment) and Chapter 3 (Natural Environment). Some of the original information was ultimately modified as data for size, number, volume, dimensions, distances, etc., were refined.

Specific sections of this Draft Program EIR for CSD formation do not fully utilize environmental setting information from the Planwest Review DPEIR. The Land Use and Planning section utilizes other information pertaining to the Humboldt County General Plan (including General Plan update information when available) and the Humboldt County Zoning Code, as the General Plan and Zoning Code for Rio Dell are not relevant to CSD formation. In addition, most of the information in Cultural Resources contained in the Planwest Review Draft Program EIR was not incorporated, as an updated Historic Resource Assessment is being used specifically for the current Draft Program EIR for CSD formation.

Please note that in August 2006, Rio Dell distributed a Notice of Preparation (NOP) for the preparation of the Review Draft Program EIR for proposed annexation of the Town of Scotia to the City of Rio Dell, including General Plan and zoning amendments and major subdivision. As a result of the NOP, a State Clearinghouse number was assigned to the project (No. 2006082038). However, the Review Draft Program EIR was never circulated by the City of Rio Dell.

A copy of the Environmental Study of the Town of Scotia is available at the Planning Division of the Community Development Services Department of Humboldt County.

· Scotia Historic Assessment Study, TBA West, Inc., October 2007

The Cultural Resources discussion presented in this CSD Program EIR is based primarily on a study entitled Scotia Historic Assessment Study, prepared by TBA West, Inc., in October 2007. This study was prepared under the direction of PALCO to inventory the cultural resources of the Town of Scotia and determine their significance as per guidelines set forth under the California Environmental Quality Act (Section 15064.5). This study is appended to this Program EIR (Appendix C).

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· Scotia’s Historic & Cultural Resources: Design Guidelines, TBA West, Inc., October 2007

This study was prepared under the direction of PALCO to define significant historic resources in the Town of Scotia and develop procedures for design review and design guidelines to protect historic resources. This study is appended to this Program EIR (Appendix C).

· Report Regarding Existing Parking in the Town of Scotia, Kelly-O’Hern Associates, Professional Land Surveyors, February 8, 2006

This study was prepared under the direction of PALCO to inventory on-street parking spaces and garage spaces available for residential and commercial lots. The number was determined by measuring lengths of curb that can be used for parking as well as developed spaces in a few areas. For commercial spaces, building areas were not measured to determine the number of spaces that would be required in conformance with off-street parking requirements. Since no change in use is proposed, no additional parking spaces are required.

A copy of the Report is available at the Planning Division of the Community Development Services Department of Humboldt County.

· Information Regarding a Planned Development Permit for the Town of Scotia, Kelly-O’Hern Associates, Professional Land Surveyors, February 8, 2006

This information was prepared to document the basis for the request for a Planned Development Permit for the Town of Scotia. In most cases, the creation of lots for existing buildings and structures does not meet minimum lot sizes, lot width, street widths and setbacks established by the applicable zoning designation. The dimensions were based on aerial mapping used as a basis for the tentative map. The exact dimensions will be accomplished through a field survey of each lot, which will be completed for the final map.

A copy of the Information is available at the Planning Division of the Community Development Services Department of Humboldt County.

· Town of Scotia Municipal Services Review, prepared by SHN, November 2007

A Municipal Service Review (MSR) has been prepared as part of the application to LAFCo, to create a CSD (SHN, November 2007). In order for LAFCo to approve the formation of a new agency, information must first be collected which documents the service capabilities of that agency. The MSR documents the service capabilities and proposed improvements to wastewater, water, storm water collection, and street/roadway upgrades.

For the MSR, written statements of determinations have been made for each of the following: · Infrastructure needs or deficiencies · Growth and population projections for the affected area · Financing constraints and opportunities

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· Cost avoidance opportunities · Opportunities for rate restructuring · Opportunities for shared facilities · Government structure options, including advantages and disadvantages of consolidation or reorganization of service providers · Evaluation of management efficiencies · Local accountability and governance

As part of the analysis in the MSR, a Detailed Engineering Analysis was prepared (April 2007). The Detailed Engineering Analysis includes technical discussions on alternative wastewater treatment and associated disposal methods, water treatment and distribution, storm water collection, and roads, among other infrastructure issues and makes recommendations based on cost and technical feasibility.

This Draft Program EIR used information presented in the MSR and detailed engineering analysis to describe infrastructure improvements (described under Section 1.8.2.6, Project Description) and identify potential environmental impacts that may result from those improvements.

A copy of the Town of Scotia Community Service District Municipal Service Review (November 2007) and Detailed Engineering Analysis (April 2007) are available at the Humboldt County LAFCo office.

1.7 Other Actions Required

The General Plan Amendment, Zone Reclassification, and Final Map Subdivision would require action from several agencies and organizations.

1.7.1 Humboldt County Local Agency Formation Commission

An application has been submitted to County LAFCo for CSD formation. A Municipal Service Review (MSR) has been prepared and submitted in support of the application to LAFCo. The MSR documents how urban services will be provided upon formation of a CSD and testifies to the capacity of the services to accommodate existing and future demand.

1.8 Organization of This Environmental Document

The main body of this document is divided into seven chapters as follows: Chapter 1: Introduction describes the background, purpose of the proposed CSD and subdivision, intended uses of the EIR, and a detailed project description. Chapter 2: Community Environment reviews impacts on land use and planning, population and housing, public services, utilities and service systems, cultural resources, aesthetics, and transportation and traffic.

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Chapter 3: Natural Environment examines the impacts on soils and geologic resources, hydrology and water resources, air resources, hazards, energy and mineral resources, noise, biological resources, and agricultural resources. Chapter 4: Alternative Analysis describes the statutory requirements for alternatives and contains an evaluation of proposed alternatives. Chapter 5: Other CEQA Considerations addresses mandatory Program EIR sections, including short-term versus long term uses, significant irreversible effects, growth inducing impacts, and cumulative impacts. Chapter 6. References presents references used in preparing the Program EIR. Chapter 7: EIR Preparers presents a comprehensive list of the individuals involved in preparing the document.

1.9 Project Description

1.9.1 Background

Scotia, which was originally known as Forestville, was founded in 1882 with the purchase of 6,000 acres of forested lands along the Eel River in Humboldt County, California (see Figure 1-1, Vicinity Map). The Pacific Lumber Company (now known as PALCO) began its logging operations and building the Town of Scotia shortly thereafter. Scotia was built around the logging industry, and residential units were constructed to house its mill workers (SHN, September 2007).

The Town of Scotia is located in the Eel River Valley in southern Humboldt County, and is bound to the east by Highway 101, and to the north, south, and west by the Eel River. Scotia’s topography ranges from flat areas in the west and central portions of the town, to sloped terrain in the eastern portion toward Highway 101. Steep, forested hillsides and mountains surround the town and river. The City of Rio Dell is located across the Eel River on the west side of the river and north of Scotia (SHN, September 2007).

PALCO owns the land that comprises the town area of Scotia. Since the 1880s, Scotia has operated as a company town; it is the last company-owned and–operated town in California, and one of the last remaining towns of this type in the nation. The entire Town of Scotia, including the buildings, houses, accessory structures, roadways, and community infrastructure, was developed and constructed by PALCO and continues to be maintained by the company. The residences have been constructed and maintained by PALCO for their employees. Under the company’s management, the Town of Scotia has retained a consistency in layout, streetscapes, and historic design, and presents a well-maintained appearance (SHN, September 2007).

A refocus to the core operations of timber production and the manufacturing operations has prompted PALCO to sell its non-strategic assets. An application has been filed with Humboldt County to subdivide the Town of Scotia in order to be able to sell the residences and commercial buildings. The proposed subdivision would require a General Plan amendment and rezoning classification, along with transfer of services to another entity, most of which are currently provided by PALCO. A concurrent application has been filed with the LAFCo to form a CSD.

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The project area is entirely within the town. The total project area covers approximately 420 acres on a portion of Assessor Parcel Numbers (APN) 205-351-016 and APN 205-351-018. The eight actions proposed for the project are: 1. a General Plan amendment to reclassify land use designations; 2. a text amendment to the Humboldt County Code, Zoning Regulations, to allow for consistency in zoning classifications; 3. a rezone from Unclassified (U) into six different zones; 4. a Design Control “D” combining zone applicable to the portion of the project area subject to the proposed re-zone, a Planned Development “P” combining zone applicable to the residential and commercial areas subject to the re-zone, a Noise Impact “N” combining zone to applicable residential areas subject to noise levels in excess of County noise compatibility standards, and “Q” combining zone applicable to multi-car garages; 5. a tentative map, for the subdivision of land into individual parcels; 6. an application to LAFCo for formation of a CSD; 7. extension of Urban Limit Line to encompass the Town of Scotia.

The purpose of the proposed project is to change land use designations and zoning to match existing land uses, facilitate a tentative map for a major subdivision within the project area, and prepare a plan for providing services. The purpose of the extension of the urban limit line is to allow for reduced setbacks from streams, among other policies pertinent to development at urban densities.

1.9.2 Project Objectives

The project objectives are to: 1. create individual parcels for sale of residential, commercial, and industrial properties currently owned and operated by PALCO; 2. form a Community Services District to own and operate selected utilities and public services for the Town of Scotia; 3. merge the Scotia Volunteer Fire Department into the Community Services District administrative structure; 4. amend the Humboldt County General Plan and zoning code as necessary to reflect existing and desired future uses and regulations as necessary to regulated privately-owned properties; 5. rehabilitate the town's utilities & infrastructure to meet current standards of care and placement into right of ways including roads, water (domestic and fire) and sewer, and stormwater facilities; and 6. provide a strategy and mechanisms to protect and preserve the historic character of the Town of Scotia.

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc 1-8 JACKSON KLAMAT

CURRY

DEL YREKA NORTE SISKIYOU

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MENDOCINO INTERSTATE GLENN CALIFORNIA BUTTE U S 5 101 WILLITS COLUSA YUBA LAKE

Source: USGS 7.5 Minute Quadrangles of Scotia and Hydesville No scale

Pacific Lumber Company Vicinity Map Draft Program Environmental Impact Report Town of Scotia, California SHN 005161.106

December 2007vicinity.mxd Figure 1-1

Draft Program Environmental Impact Report Chapter 1 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Introduction Town of Scotia, January 2008

1.9.3 Land Uses

The existing land uses in Scotia include commercial, residential, industrial, recreational, and public facility. However, all of the town’s existing uses are not identified in the current General Plan land use designations and zones (see Figure 1-2, Existing Humboldt County Land Use Designations). A proposed General Plan amendment and rezone is proposed to make land use designations and zones consistent.

In 2003, to make the town’s zoning more consistent with the County General Plan, PALCO requested zone changes for some areas (see Figure 1-3, Existing Humboldt County Zoning). The Humboldt County Board of Supervisors approved the “Scotia Consistency Rezoning Project” which rezoned approximately 257 acres of industrial and commercial areas that were previously zoned Unclassified (U). (The project did not include any changes to the town’s existing General Plan land use designations.) Approximately 245 acres of land, having the Industrial General (IG) General Plan land use designation, was changed from Unclassified (U) zone to Heavy Industrial, Qualified (MH/Q) zone under the Humboldt County Code. The remaining 12 acres of land, having the Commercial General (CG) land use designation, were changed from the (U) zone to Community Commercial, Qualified (C-2/Q) zone. The Qualifying (Q) combining zone was applied to include development restrictions for both zones (MH/Q and C-2/Q) in order to protect historic resources.

The established central “downtown” commercial area is now zoned C-2/Q (CG land use). It is anchored by Main Street and includes a shopping center, the Scotia Inn, post office, beauty/barber shop, daycare center, bank, the Winema Theater, PALCO offices, the Scotia Museum, and a number of park-like landscaped setback areas. Just off Main Street, the former hospital building is used for medical offices, general offices, and storage space. The former hospital building is the only commercial structure that was not previously zoned C-2/Q. The area zoned C-2/Q is part of this project’s proposed subdivision.

Approximately two-thirds of the town is industrial area. The Industrial General (IG) land use zoned MH/Q consists of Mill complexes “A” and “B,” a large remanufacturing plant, cogeneration plant, fuel and machinery buildings, planer facility, small and large log sawmills, the log pond, storm water retention (sedimentation) pond, log and lumber shipping, and log and lumber storage areas. Also, part of the subdivision is the upper storage area, east of U.S. 101.

Other proposed industrial areas to be rezoned from Unclassified (U) to Heavy Industrial Qualified (MH/Q) include the storm water sedimentation pond adjacent to the Eel River and the truck shop located west of U.S. 101. The industrial area located west of the large remanufacturing plant complex’s lumber storage area and adjacent to the Eel River is still zoned Unclassified (U) and is part of the current proposed rezone. This area includes log storage areas, a sediment pond, and transfer station. The sediment pond is on land unsuitable for building.

There are approximately 59.3 acres of residential use in Scotia, located in three residential areas, all of which are currently zoned Unclassified (U). The smallest residential area is approximately 6.7 acres in size, and is located in the northern corner of the project area, adjacent to the Highway 101 Scotia off-ramp. The mid-sized residential area, approximately 13 acres in size, is located west of the log pond and adjacent to the river. The largest residential area is approximately 39.6 acres,

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which is south of the downtown commercial area, east of the main industrial area, and is bordered by Highway 101 to the east. The largest residential area also contains non-residential land uses that are commonly located in residential areas. These include the elementary school, two churches, offices (in the former hospital building), the Recreation Center, and the fire station.

Other areas to be rezoned Public Facilities (PF) include: Fireman’s Park, Carpenter’s baseball field, the soccer field, and the sewage treatment plant, all located adjacent to the river. Also, the water system located on the east side of the highway, is part of the proposed rezone to Public Facilities (PF).

1.9.4 Proposed Project

PALCO is requesting to change land use designations and zoning in Scotia to match existing residential, commercial, and public facility land uses, and to facilitate a tentative map for a major subdivision within the project area. The area proposed for rezoning consists of approximately 420 acres of land in Scotia to reflect current uses. The project’s eight proposed actions are described below.

1.9.4.1 Proposed General Plan Amendment

PALCO has filed an application with Humboldt County for a General Plan Amendment to allow the project area to change from its existing land use designation to the following: Residential Low Density (RL); Public Facilities (PF); Timber Lands (T) and Commercial General (CG). As stated earlier, the purpose is to make the County General Plan land use designations consistent with existing uses. The proposed General Plan Amendment would change the existing land use designations in the following manner (Table 1-1): 1. Change the land use designation of approximately 101.7 acres of the Town of Scotia outside the mill facility from Industrial General (IG) to the following: Residential Low Density (RL), Public Facilities (PF), and, Public Recreation (PR). 2. Change the land use designation of approximately 3.9 acres located east of U.S. 101 that contains water storage tanks from Timber Production (T) to Public Facilities (PF). 3. Change the land use designation of approximately 66.6 acres located adjacent to the Eel River from Timber Production (T)/Industrial General (IG) to the following: Industrial General (IG), Public Facilities (PF), and Timber Production (T).

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc 1-10 Note: All features are approximately located and to be used for illustration purposes only. No scale Information provided by Pacific Lumber Company. Pacific Lumber Company Existing Humboldt Draft Program Environmental Impact Report County General Plan Town of Scotia, California SHN 005161.106 December 2007existgp.mxd Figure 1-2

Note: All features are approximately located and to be used for illustration purposes only. No scale Information provided by Pacific Lumber Company. ³ Pacific Lumber Company Existing Humboldt Draft Program Environmental Impact Report County Zoning Town of Scotia, California SHN 005161.106 December 2007 exist-zoning.mxd Figure 1-3

Draft Program Environmental Impact Report Chapter 1 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Introduction Town of Scotia, January 2008

Table 1-1 Existing and Proposed General Plan Designations for Scotia Area Existing General Plan Designation Proposed General Plan Designation (acres) 1 Residential Low Density (RL) 59.3 Industrial General (IG) center Public Facilities (PF) 42.4 Commercial General (CG) 0.7 Timber Production (T) Public Facilities (PF) 3.9 Timber Production (T)/ Public Facilities (PF) 0.2 Industrial General (IG) Timber Production (T) 33 Industrial General (IG)/Timber Industrial General (IG) 35.5 Production (T)/ Agriculture Grazing (AG) Industrial General (IG) No proposed change 232.5 Commercial General (CG) No proposed change 12.5 Total 420 1 Based on GIS estimates

The proposed General Plan amendment would make land use designations consistent with the uses that have occurred in the Town of Scotia for the last 100 years (see Figure 1-4, Proposed Humboldt County General Plan Designation).

1.9.4.2 Proposed Zoning Regulation Text Amendment

The applicant proposes to amend the Humboldt County Code-Zoning Regulations, Title III-Land Use and Development, as follows: A. Amend Section 314 to add a new category of zoning classifications: “Recreation and Conservation.” B. Amend Section 314 to add one new zoning classifications within the (proposed) category Recreation and Conservation: 1) “Public Recreation” with permitted use types and standards identical to the existing Chapter 3, Regulations Inside the Coastal Zone, Section 313-5.1. C. Amend Section 314 to add one new zoning classification within the existing category Public: 1) “Public Facility-Urban” with permitted use types and standards identical to Chapter 3, Regulations Inside the Coastal Zone, Section 313-4.1.

1.9.4.3 Proposed Rezone

The project proposes that approximately 175 acres of land currently zoned Unclassified (U), Agricultural Exclusive (AE), and Timber Land Production Zone (TPZ) to be rezoned into six different zones under the Humboldt County Code-Zoning Regulations (see Figure 1-5, Proposed Humboldt County Zoning). The zones would consist of one residential-use zone (R-1) and five non-residential-use zones (PF1, PR, C-2, CG, TPZ). Following approval of the rezone, a Design

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Guidelines (“D”) combining zone, Noise Impact “N,” Qualified “Q,” and a Planned Development (“P”) combining zone would be applied. Table 1-2 lists existing and proposed zoning and corresponding acreages.

Residential Rezone--Residential One-Family (R-1)

All of the residential areas in Scotia, which are currently zoned Unclassified (U), are proposed to be rezoned to Residential One-Family (R-1). A minor portion (less than one acre) of the industrial zone (MH/Q), near the fire station and at the southern end of the western residential area, is also proposed to be included in the new R-1 zone. A single- family residence is a principally permitted use in both the existing Unclassified (U) and proposed Residential One-Family (R-1) zones. The proposed residential rezone would be consistent with the proposed General Plan land use designation Residential Low Density (RL).

There are 35 multi-car garage lots within the R-1 zone. They are proposed to be rezoned Residential One-Family with a qualified combining zone (R-1/Q) restricting the use to accessory garages.

Table 1-2 Existing and Proposed Zones for Scotia Area Existing Zoning Proposed Zoning (acres) 1 Residential One-Family (R-1), includes 58.4 Residential One-Family/Qualified (R-1/Q) Public Facilities (PF1) 2 29.8 Unclassified (U) Public Recreation (PR) 2 15.5 Community Commercial (C-2) 0.7 Heavy Industrial, Qualified (MH/Q) 35.5 Unclassified (U) /Timber Land Production Timber Land Harvest (TPZ) 33 Zone Harvest (TPZ) Pubic Facilities (PF1) 0.2 No proposed change 232.5 Heavy Industrial, Qualified (MH/Q) Residential One-Family (R-1) 1.0 Public Facilities (PF1) 2 0.9 Community Commercial, Qualified (C-2/Q) No proposed change 12.5 Total 420 1. Based on GIS estimates 2. County requires a Zoning Ordinance Text Amendment

Non-Residential Use Rezone

The proposed rezone of the project area also involves reclassifying non-residential uses into zones that reflect their current land use. The proposed zones are: Public Facility (PF1), Public Recreation (PR), Timberland Production (TPZ), Heavy Industrial Qualified (MH/Q), and Community Commercial (C-2), as follows:

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc 1-12 Note: All features are approximately located and to be used for illustration purposes only. No scale Information provided by Pacific Lumber Company. Pacific Lumber Company Proposed Humboldt Draft Program Environmental Impact Report County General Plan Town of Scotia, California SHN 005161.106 December 2007propgp.mxd Figure 1-4

Note: All features are approximately located and to be used for illustration purposes only. Information provided by Pacific Lumber Company. No scale

Pacific Lumber Company Proposed Humboldt Draft Program Environmental Impact Report County Zoning Town of Scotia, California SHN 005161.106 December 2007 prop-zoning.mxd Figure 1-5

Draft Program Environmental Impact Report Chapter 1 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Introduction Town of Scotia, January 2008

Public Facilities (PF1). The proposed Public Facilities zone would include the following existing uses: · The sewage treatment plant, located to the west of the log pond and north of the soccer field, adjacent to the Eel River · The water-treatment and storage area, comprising two domestic water tanks, fire water tanks, and a filtration plant, located on the hillside above Scotia on the east side of Highway 101 · Stanwood A. Murphy Elementary School, located on Church and First Streets within the central residential district; the school property, approximately 4.7 acres and extends from First Street south/southeast to Highway 101 · The “Redwood Complex,” which is also part of the school, is located at the east end of Mill Street, along the west side of Highway 101, and is in proximity to the Catholic Church and the elementary school in the proposed R-1 zone · The fire station, which is located on the west side of Main Street

The proposed rezone to PF1 would be consistent with the proposed General Plan land use designation change to Public Facility (PF). Establishing this zone in an inland area of the County requires a zoning ordinance text amendment. A sample ordinance code change is included as Appendix A.

Public Recreation (PR). Existing public recreational areas in Scotia include a baseball field (Carpenters’ Field), soccer field (Slaughterhouse Field), and a community park (Fireman’s Park). These are proposed to be rezoned Public Recreation (PR).

The baseball field, known as Carpenter Field, and the community park, known as Fireman’s Park or Scotia Park, are located to the west of the project area, adjacent to the Eel River. Nearby, to the north, but south of the sewage treatment plant, is the soccer field. Carpenter’s Field is a fenced baseball field with bleachers. Fireman’s Park, further north of the baseball field, is a fenced community park with redwood trees, picnic tables, and barbeques. The Fireman’s Park boundary extends down to the Eel River. Industrial uses abut to the east and south of the recreation areas. Access to the baseball field, soccer field, and community park is by means of Williams Street. Unpaved parking areas are adjacent to these parks and playing fields.

The proposed rezone to Public Recreation (PR) would be consistent with the proposed General Plan land use designation change to Public Recreation (PR). Establishing this zone in an inland area of the County requires a zoning ordinance text amendment.

Community Commercial (C-2). The site of the former hospital building is proposed to be rezoned Community Commercial (C-2). The two-story building is located on B Street, adjacent to the Scotia Museum on Main Street. The property, currently used for offices and storage, will continue to be used for commercial purposes. The proposed C-2 zoning,

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would, therefore be consistent with the existing and proposed commercial use of the building. The proposed C-2 zoning would also be consistent with the proposed General Plan land use designation change to Commercial General (CG).

Heavy Industrial/Qualified (MH/Q). The storm water retention (sedimentation) pond area and storage yard are proposed to be rezoned Heavy Industrial/Qualified (MH/Q). The storm water retention (sedimentation) pond area is located adjacent to the Eel River in South Scotia and will continue with industrial uses. The proposed rezone to MH/Q would be consistent with the proposed Humboldt County General Plan land use designation change to Industrial General (IG).

Timberland Production (TPZ). The northern section of land adjacent to the Eel River and the tree farm south of Scotia will still be used for Timber Land Production (TPZ). The proposed rezone to TPZ would be consistent with the proposed Humboldt County General Plan land use designation change to Timber Lands (T).

1.9.4.4 Design Control “D,” Planned Development “P,” and Noise Impact “N”, and Qualified “Q” Combining Zones

The project proposes to apply a Design Control “D” combining zone and a Planned Development “P” combining zone to the portion of the project area subject to the re-zone. The purpose of the “D” combining zone is to control, safeguard, preserve, and enhance areas of historical, scenic, civic or cultural values of the County. The Planned Development “P” combining zone is to be applied to the portion of the project area to be zoned R-1, C-2, and CR, as well as the Stanwood A. Murphy school site and Recreation Center which are to be zoned PF1. The purpose of the “P” combining zone is to encourage planned developments, and to allow flexibility in the administration of the development standards of the underlying principal zone.

The project proposes to apply a Noise Impact “N” combining zone to those portions of the project proposed to be zoned for residential uses, where exterior noise levels exceed 60 dB Community Noise Equivalent Level/Day-Night Average Level (CNEL-Ldn). The “N” combining zone would establish a requirement that new residential construction, including reconstruction after fires or natural disaster and additions, but not retrofits of existing construction, shall conform to applicable requirements of the Humboldt County Building Code. Building standards are required to reduce interior noise levels to 45 dB CNEL-Ldn in all habitable rooms.

The project also proposes to apply a Qualified “Q” combining zone for the 35 multi-car garage lots in the Residential-One family zone, restricting the use. The garage parcels will be held in common by either a home owners association or the service district, and for there to be easements on each individual garage in favor of specific single family residences so that the parking for specific residences is not diminished.

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1.9.4.5 Extension of the Urban Limit Line

The Town of Scotia clearly fits the definition of an urban development area, under the County’s General Plan.

"Urban Development Area" means land generally developed to a density of one or more dwelling units per acre. This area is typically provided with public water and/or sewer services. The urban development area constitutes an identifiable community that is substantially more developed than surrounding lands, and has an adequate supply of land as determined in the community plan areas.

The extension of the urban limit line is applicable to the project because the Town of Scotia fits the definition of an urban development area under the County’s General Plan in that it is developed at a density greater than one dwelling unit per acre and public sewer and water systems with adequate capacity are available (Humboldt County Framework Plan, Sections 2633.1- 2633.5).

1.9.4.6 Proposed Subdivision

The project proposes a land subdivision into 340 lots within the project area, consistent with the proposed zones and land use designations. This action involves a tentative map for a major subdivision for the proposed R-1, R-1/Q, PF1, PR, and C-2 zones. A preliminary subdivision map has been filed with the County. It shows residences, commercial properties, industrial properties, and public facilities on individual parcels. The proposed R-1 zone would be subdivided into individual lots, each containing a single-family residence. PALCO employees who either currently live in their homes or would like to move back to Scotia, retired employees, and other residents employed in Scotia would be given the first opportunity to purchase a house in Scotia. Due to the subdivision, existing public utility lines will be relocated to public rights-of-way.

The Humboldt County Department of Public Works reviewed the tentative map application to subdivide the Town of Scotia into separate parcels. In the review, the Public Works Department recommended all pedestrian facilities be upgraded or replaced to meet current standards of ADA (Memorandum, Pacific Lumber Company, Humboldt County Department of Public Works, Land Use Division, October 3, 2007). Among Public Work’s recommendations are: · Sidewalks be 4-foot width · Curb ramps at all intersections · Minimum 4-foot wide sidewalks provided behind driveway aprons · Minimum 3-foot wide unobstructed passage around fire hydrants, mail boxes, utility poles (including guys) street lights, signs, or other obstructions · For sidewalks less than 5 feet in width have a 5-foot wide by 5-foot long passing lane at reasonable intervals not to exceed 200 feet

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Public works recommendations pertain only to those roads (and accompanying pedestrian facilities) that they are currently maintaining (and will continue to maintain). However, ADA compliance issues also apply to the remaining roads that will be maintained by the CSD.

ADA upgrades or replacements would be tied to roadway improvements over time (such as, pavement overlays). Ultimately, meeting ADA standards would essentially require replacing all of the existing sidewalks, including constructing new sidewalks where none currently exist.

Public Works also recommends that all road, bridge, and alley geometrics not meeting the minimum standards set forth in AASHTO’s A Policy on Geometric Design of Highways and Streets be corrected to the satisfaction of the Department. Most of the roads in Scotia do not meet these standards.

Lastly, Public Works recommended that all unpaved roads, alleys, and driveways be paved citing “…densities consistent with urban areas, such as Eureka” as a basis.

The Department of Public Works’ recommendations for street improvements and preserving the historic character of Scotia are in conflict. See discussion in Chapter 2, Section “2.5 Cultural Resources, Utility Upgrades” for detailed analysis of AASHTO and ADA guidelines as they pertain to historic resources.

1.9.4.7 Changes to Infrastructure

A Detailed Engineering Analysis has been prepared and submitted to LAFCO to identify proposed improvements to wastewater, water, storm water collection, and street/roadway upgrades (April 2007).

These improvements are summarized below:

Plan for Location and Timing of Improvements

PALCO currently provides some, but not all services to the Town of Scotia. There are no new proposed facilities or services. The only change is the service provider, from PALCO to the proposed Scotia CSD and PG&E. As part of the transfer of utilities to a new CSD, repairs to existing infrastructure have been identified.

Evolving regulatory changes and unknown future commercial and industrial demands will dictate infrastructure capital improvement expenditures as these changes are planned and implemented. Therefore, existing system upgrades or modifications should be designed and constructed for maintaining appropriate levels of service while minimizing operation and maintenance costs to the effected users. All described system components are anticipated to be designed and constructed to meet or exceed standard-of-care for similar public works facilities in the local area or as noted in the following specific system sections.

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Wastewater Collection System

Given the condition of the existing collection system as determined through inspection processes and the fact that much of the system is located outside of typical right-of-way areas (in backyards, under buildings, etc.—places that will become private property), it appears that a majority of the system needs to be replaced. SHN Consulting Engineers & Geologists, Inc. (SHN) has prepared a preliminary layout of a replacement system. Pending final design, some lines may need to be realigned from the proposed alignments shown on Figure 1-2 (Chapter 1 of the MSR) in order to maintain gravity flow within the wastewater collection system.

The repairs to the wastewater collection system includes: · The residential/commercial collection system will be relocated and reconstructed using 6-inch minimum diameter pipe. · All service laterals will be replaced using a 4-inch minimum diameter pipe to each building and include a service cleanout. · New manholes and cleanouts will be installed in the residential and commercial areas. PALCO will repair existing manholes on the industrial property.

Wastewater Treatment

The proposed repairs to the existing wastewater treatment plant incorporate upgrades to minimize the risk of the facility’s location within the 100-year floodplain, provide redundancy for major treatment processes, and increases the secondary treatment capacity. A layout of the existing Wastewater Treatment Facility (WWTF) is shown in Figure 2-1 (Chapter 2 of the MSR).

To minimize the impact of the facility’s location in the floodplain, it is recommended that a control room be constructed as a second story addition above the pumps. The control room would contain the Variable Frequency Drives (VFDs), electrical control panel, and enunciator panel.

The existing WWTF is now operating under a new National Pollutant Discharge Elimination System (NPDES) permit (RI-2006-0020), and to date has met its permit conditions. However, there is an existing cease and desist order effective September 30, 2006 for the WWTF that sets forth a compliance schedule for PALCO, as follows: 1. Develop and implement a pollution prevention plan in accordance with the following tasks: Task A Conduct monitoring and assessment of WWTF water quality from October 1, 2006 through September 30, 2007—Completed. Task B Submit monitoring report and compliance assessment by October 15, 2007. The monitoring report and compliance assessment shall identify the status and functional capabilities of each component of the WWTF

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including, but not limited to the collection system, pumps, disinfection system, clarifiers, trickling filters, digester, and treatment ponds. The report shall further provide general recommendations for facilities planning and improvements—Completed (Spill Response, and Notification Plan for Sanitary Sewer Overflows, Submitted, March 2007; Capacity Assurance, Management, Operation, and Maintenance Program submitted, October 2007; Operations and Maintenance Manual to be submitted by end of October, 2007). Task C Conduct and complete facilities planning between October 15, 2007, and October 15, 2008. No later than October 15, 2008, submit for Executive Officer concurrence, a complete WWTF plan which identifies specific WWTF upgrades necessary to achieve full compliance with R1-2006-0020, associated costs, and a proposed time schedule for implementation. Task D Submit annual monitoring and facilities improvement status report by October 15 each year until full compliance is achieved with this order. Task E Achieve full compliance with Final Effluent Limitations at Discharge No. 012 by August 1, 2011. 2. During the period described above, the discharger shall operate and maintain, as efficiently as possible, all facilities and systems necessary to comply with A. Final Effluent Limitations 2.d. to the maximum extent practicable.

Flows and Loadings

The WWTF will be required to treat projected flows and loadings based on full residential occupancy, existing commercial connections, existing industrial, and additional commercial sources including the reuse located in the former Mill A facility.

Biosolids

The digester has the capacity to handle projected loadings; however, there are certain structural improvements that will be required. The extent of these improvements will be assessed during design.

Wastewater Disposal

Wastewater disposal alternatives are being investigated under a separate NPDES program with the California Regional Water Quality Control Board, North Coast Region (RWQCB). PALCO realizes the importance and benefit to the Scotia community for identifying a wastewater disposal system that is acceptable to regulatory agencies, technically feasible,

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and has a low cost (initial capital and long-term operation and maintenance). To that end, PALCO is planning for summer wastewater disposal by means of storage and evaporation from the existing log pond.

Water Distribution

The domestic water distribution system, for lines 3-inches in diameter and smaller, needs complete replacement. Proposed upgrades include the rerouting of certain existing distribution lines to avoid proposed property and easement/access issues for system maintenance and operation. The existing layout for Scotia is presented in Figure 4-1 (Chapter 4 of MSR). Distribution system replacement components will include: · all new services from the new distribution lines (relocated to avoid property, structure, and easement conflicts) to residences with meters, and · verified serviceable or installation of new services and meters to commercial and industrial users.

Replacement of the 3-inch and smaller diameter lines will meet current standards (for several local municipalities such as Fortuna), which require a minimum line size of 4-inches.

Modifications to the distribution system will also include construction of facilities to provide a combination potable domestic and fire suppression water system. Figure 4-4 (Chapter 4 of MSR) shows the proposed Scotia combined water system layout.

Water Treatment

The water treatment plant is functioning in good condition and has been well maintained. A layout of the existing water treatment plant is shown as Figure 5-1 (Chapter 5 of MSR). The existing water storage tank will require a seismic upgrade. Additionally two turbidity meters will be installed at the plant.

Storm Water Collection

Similar to the water and wastewater collection systems, the storm water collection system has major piping located under existing buildings (Figure 6-1 in Chapter 6 of MSR). Taking into consideration the location of the main lines, information gathered from visual and Closed Circuit Television (CCTV) inspections, a preliminary estimate of repairs has been prepared.

The proposed repairs are: · replacement of immediately needed portions of the existing system, and · the installation of new and replacement drain inlets and manholes in the residential and commercial areas (PALCO will repair existing drain inlets and manholes on their industrial property).

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Repairs also assume that the community of Scotia is currently built out and existing storm drain lines (including approximately 300 lineal feet of storm drain line under 12 inches in diameter) function properly and will not require upgrades in line sizing. A preliminary layout of a replacement system is shown as Figure 6-2 (Chapter 6 of MSR).

Street/Roadway

As a result of installation of new wastewater collection, water distribution, and storm water collection systems, the street system in Scotia will be in need of repair. SHN studies indicate that 75% of existing roadways will require repair. In addition, the assessment included potential funding of other transportation issues. Figure 7-2 (Chapter 7 of MSR) indicates which roadways/streets are anticipated to need a 0.2-foot asphalt overlay. Before final pavement overlaying, it is anticipated that preliminary work to address patching, leveling with appropriate base course thickness, and some curb replacement will be needed.

The proposed repairs are: · 0.2-foot overlay of asphalt concrete pavement throughout effected streets; · patching, leveling with appropriate base course thickness (as required); · some curb replacement in kind (as required); · repair to the retaining wall at south end of B Street; and · safety issues to address basic signage and stop bars.

Infrastructure improvements that would involve physical changes (impacts) to existing conditions (e.g., historic characteristics) will be accomplished in a manner that minimizes the visible appearance of the changes. For example, infrastructure systems currently running under existing buildings or through proposed lots will be abandoned in place. These systems will be replaced with new systems located within roadway rights-of-way. Resulting improvements to the roadway will involve an asphalt overlay, some curb replacements, repair of a retaining wall, new signs, and stop bars. To the extent that is feasible and practical, these improvements will match colors, materials textures and finishes of existing elements (e.g., curbs, retaining walls, etc.).

1.9.4.8 Development Plan

The Planned Development “P” combining zone would be applied to the portion of the project area to be zoned R-1, C-2, and the Stanwood A. Murphy school site, which is to be zoned PF-1.

The “P” combining zone is a requirement for the subdivision as many of the tentative map lots do not meet the normal development standards required in the underlying zones. The “P” combining zone allows for the preparation of a development plan and more flexibility in development standards than may be allowed in the underlying principle zone.

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lot are presented in Appendix B. The existing non-complying standards, under the “P” combining zone, will be interpreted by the County as “applied development standards.” Put another way, the existing conditions for each lot that does not comply become the standards for each lot.

1.9.4.8.1 Residential and Commercial Lots

Table 1-3 Standard and Substandard Lots Existing New Land Use Comply Substandard (Developed) Lots (Vacant) Lots Residential 267 3 11 256 Commercial 1 2 1 0 Source: Information Regarding a Planned Development Permit for the Town of Scotia, Kelly-O’Hern Associates, February, 8, 2006 Development Plan: Proposed Subdivision and Community Services District Formation (Appendix B)

All of the lot widths, street widths, and setbacks (except zero setbacks) measured to determine the standards for each lot are based on the aerial mapping used for the tentative map. The exact dimensions will require a field survey of each lot, which will be completed for the Final Subdivision Map (Kelly-O’Hern Associates, February 8, 2006).

Essentially, the “P” combining zones allows for “applied development standards” and brings the project in compliance with the Humboldt County zoning code.

A note will be placed on the development plan for the subdivision that will notify future lot owners that any change in use or new development would be subject to the “applied development standards.”

1.9.4.8.2 Parking

The subdivision of the Town of Scotia will create 340 lots. Three residential lots will be vacant. One hundred thirty (130) lots will be non-residential, such as existing offices, post office, hospital building, school, two churches, recreation building, and lots for utilities, co-generation facilities, fire department, garage structures, and stores. The remaining 270 lots will be residential.

More than 279 garage spaces are located throughout Scotia (Table 1-4). Each house is assigned a garage space. Some spaces are used for storage of vehicles and material and not used for residential parking (Kelly-O’Hern Associates, February, 8, 2006). These off-site parking garages are considered in the parking analysis and these garages will be maintained as parking for the benefit of specific residences.

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Table 1-4 Off-street Parking Land Use Existing Spaces New Spaces* Residential 274 0 Commercial 369 0 Source: Report Regarding Existing Parking in the Town of Scotia, Kelly-O’Hern Associates, February, 8, 2006 * According to Zoning Code section 314-109.1.2.5, no additional parking spaces should be required for parking that is not in compliance with current parking standards

There are approximately 814 on-street parking spaces in available residential areas. This number was determined by measuring lengths of curb that can be used for parking as well as developed parking spaces. Tandem parking spaces (parking in front of garages) are few. The total number of off- and on-street parking in residential areas is approximately 1,093 (Kelly-O’Hern Associates, 2006).

The total number of parking spaces counted in the area of the 20 non-residential lots is 369. Building areas have not been measured to determine the number of parking spaces that would be required per off-street parking standards. According to Zoning Code section 314-109.1.2.5, no additional parking spaces should be required for parking that is not in compliance with current parking standards (Kelly-O’Hern Associates, 2006).

A note will be placed on the development plan for the subdivision that will notify future lot owners that any change in use or new development would require demonstration of compliance with off- street parking standards.

1.9.4.9 LAFCo Application for Formation of a CSD to Provide Services

PALCO currently manages most of Scotia’s public services and utilities available to the town’s residences, commercial uses, recreational facilities, and the industrial and wood products processing operations. Their services include electricity, water, wastewater, drainage, some road services, fire protection, emergency medical services (basic life support), landscaping and landscape maintenance, streetlights, and parks and recreation services. The County of Humboldt provides other public services, such as law enforcement, land use regulation, county-maintained roads, social services, and general government services.

1.9.4.10 CSD Formation

The proposed rezone and subdivision would result in the sale of individual parcels. Some portion of the public services and utilities currently managed by PALCO would be transferred to a CSD.

The formation of a CSD involves the following steps.

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A. Prepare Registered Voter Petition Prepare a petition to form a community services district, containing the following: · a statement that the proposal is made and request that proceedings be taken for the formation pursuant to Government Code §61101; · description of the boundaries of the territory to be included in the district; · statement of methods by which the district will be financed; · statement of reasons for forming the district; · proposed district name; · designation of no more than three persons as chief petitioners, with names and mailing addresses; · statement that the formation is consistent with the sphere of influence of any affected city or affected district; and · statement of the number of members (three or five) of the initial board of directors and the method of their selection (§61101*). [*All code references are to the California Government Code unless otherwise specified]

B. File Notice of Intent

Prepare and file a Notice of Intent to circulate a petition to form a CSD that includes a written statement not to exceed 500 words in length, setting forth the reasons for forming the district. The notice shall be published (§6061) in one or more newspapers of general circulation within the territory proposed to be included in the district (§61102).

C. Circulate Petition Circulate the petition, which needs to be signed by not less than 10 percent of the registered voters residing in the area to be included in the district, as determined by LAFCo pursuant to subdivision (f) of §56375 (To be done by PALCO). Elections Code §100 and §104 govern the signing and the format of the petition (§61103). · Prepare a request for information regarding eligible registered voters within Scotia or the proposed district boundaries to be submitted to the Elections Office that is based on street addresses. · Submit a request for registered voter information (PALCO). · Circulate the petition to gather signatures of at least 10 percent of eligible registered voters (PALCO).

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D. Prepare Plan for Providing Services Prepare a “plan for providing services” that must be submitted with the completed petition to LAFCo. The plan shall include the following information: · the statutory section under which the formation would occur; · an enumeration and description of the services to be extended, accompanied by a justification; · the level and range of those services; · an indication of when those services would be extended; · a discussion of any improvements or upgrading of structures, sewer or water facilities, or other conditions the new district would impose or require within its boundaries upon formation; · information about how improvements would be financed, an operating budget for the proposed district, and revenues and expenditures; and · a discussion of alternative boundaries and rationale for the boundaries proposed.

E. Coordinate LAFCo Review of Petition and Application

Once the Humboldt County LAFCo receives the application from the Scotia voters, they have 30 days in which to review the application and determine that it is complete for processing. Once the application has been accepted as complete, LAFCo will analyze the proposed application in light of the commission's state mandated evaluation criteria and responsibilities and its own adopted policies. Before the executive officer issues a certificate of filing, the involved city, county, and affected special districts are required to negotiate the allocation of property tax revenues during a 30-day mandatory negotiation period, but are not required to reach agreement (Rev & Tax Code § 99 and 71 Ops. Cal. Atty. Gen. 344 (1988)). Nonetheless, the executive officer is prohibited from issuing a certificate of filing if an agreement has not been reached, which is a precondition to LAFCo's hearing on an application for annexation (Greenwood Addition Homeowners Association vs. City of San Marino (1993) 14 Cal.App.4th 1360). LAFCo reviews the petition and application for completeness and issues certificate of filing LAFCo to hold a public hearing within 90 days of certificate of filing (Humboldt County LAFCo Guidelines and Procedures Section II Basic Procedures and Section III District Formation).

LAFCo may approve, conditionally approve or deny the proposal. The lead agency, whether it is LAFCo or the involved city, must comply with CEQA requirements prior to LAFCo's action. The conditions set by the commission's resolution will be the ground rules for the conducting authority's subsequent action (§ 56851). Within 30 days of LAFCo's resolution, any person or affected agency may file a written request with the executive officer for reconsideration of the proposal (Section 56857).

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1.9.4.11 Scotia Volunteer Fire Department merger with CSD

The Scotia Volunteer Fire Department (SVFD) currently is organized by PALCO, rather than by a special district. The SVFD has one fire station, located on Main Street, which provides emergency medical services and fire service calls. The Scotia Volunteer Fire Department would be merged under the CSD, which has enabling powers to oversee fire districts, and would continue to function as a volunteer fire department. Alternatively, Scotia will form a new fire district and a special benefit assessment fee will be implemented to pay for operations of the SVFD. Neither decision requires new buildings, but both could require upgrades to the equipment. The formation of the fire district or inclusion of SVFD in the CSD are both considered environmentally neutral and would result in less than significant impacts.

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Administrative Draft Program Environmental Impact Report Chapter 2 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Community Environment Town of Scotia, January 2008

Chapter 2 Community Environment

This chapter assesses impacts of the proposed CSD and subdivision to the community environment in the Town of Scotia. Issues evaluated in this chapter include the following: 2.1 Land Use and Planning 2.5 Cultural Resources 2.2 Population and Housing 2.6 Aesthetics 2.3 Public Services 2.7 Transportation and Traffic 2.4 Utilities and Service Systems 2.1 Land Use and Planning

2.1.1 Environmental Setting

The Town of Scotia is located on a flat river terrace, surrounded by steep forested slopes and the Eel river floodplain. It has retained the character of a classic logging town, with a defined commercial center, neighborhoods of worker housing, schools, a hospital, and a park, all in close proximity to the PALCO operations.

Existing land uses in Scotia include a mix of industrial, residential, commercial, recreational, public facilities, and timber production.

Scotia is an unincorporated community and is within the jurisdiction of Humboldt County with regards to land use regulations.

In 2003, the County Board of Supervisors approved the “Scotia Consistency Rezoning Project,” which rezoned approximately 257 acres of industrial and commercial areas that were previously zoned Unclassified (U). The rezone did not change any of the town’s general plan land use designations (SHN, September 2007).

Approximately 245 acres of land went from U to Heavy Industrial/ Qualified (MH/Q) under the Humboldt County code. The remaining 12 acres of land, designated Commercial General (CG), were rezoned from U to Community Commercial/ Qualified (C-2/Q) zone. In order to protect historic resources, the “Q” combining zone was applied to include development restrictions for both the MH/Q and C- 2/Q zones. Approximately 101 acres of U zoned land in the Town of Scotia, not included in the 2003 actions, are designated in the Humboldt County General Plan as CG, IG, and Timber (T) (SHN, September 2007).

Commercial. The approximately 13.1 acre commercial area is located in the northern portion of Scotia, along Main Street. Scotia’s commercial center is currently zoned C-2/Q. Commercial land uses include the U.S. Post Office, a shopping center, beauty/barber shop, movie theater, bank and hardware store, PALCO offices, the Scotia Museum, Scotia Inn, and a number of park-like landscaped setback areas. The former hospital, located just off Main Street, is used for medical offices and storage space (SHN, September 2007).

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Residential. There are three residential areas in Scotia with 270 residential units which are currently zoned U. The smallest residential area is approximately 6.4 acres, located in the northern corner, adjacent to the Highway 101 Scotia off-ramp. The mid-sized residential area is approximately 13 acres, located west of the log pond and adjacent to the river. The largest residential area is approximately 39.6 acres, located south of the commercial center, east of the main industrial area, and is bordered by Highway 101 to the east (SHN, September 2007).

This largest residential area also contains non-residential land uses that are commonly located in residential areas, including: an elementary school, two churches, commercial offices (in the former hospital building), and the recreation center. Also within this residential area—although considered part of the public facilities zone--is the fire station (SHN, September 2007).

Industrial. Approximately two-thirds of the Town of Scotia is devoted to industrial uses. The industrial area, designated IG in the Humboldt County General Plan and zoned MH/Q, includes: Mill complexes A and B, a large remanufacturing plant, a cogeneration plant, fuel and machinery buildings, a planer facility, small and large log sawmills, the log pond, log storage areas, a hardwood chip plant, a sediment pond, and a transfer station. This MH/Q area is part of the proposed subdivision, and a minor area (less than two acres) is part of the proposed rezone (SHN, September 2007).

The industrial area located west of the large remanufacturing plant complex’s lumber storage area and adjacent to the river is zoned U and is part of the currently proposed rezone. It includes a hardwood chip plant, log storage areas, a sediment pond, and transfer station (SHN, September 2007).

Public Facilities and Recreation. Public facilities located in Scotia’s industrial area, which is adjacent to the river, include Fireman’s Park, Carpenter’s baseball field, the soccer field, and wastewater treatment facility. The water treatment plant is located on the east side of Highway 101. These uses are all currently zoned U. The North Coast Railway Authority (NCRA) right-of- way, which extends the entire length of Scotia, is also considered a public use (SHN, September 2007).

2.1.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) contains the following land use policies relevant to the proposed project:

Urban Development (Sections 2633.1 – 2633.5): 1. An urban development area shall be identified and mapped for all applicable communities within adopted community plans in the County. Boundaries to these areas shall also be established and should follow geographic land features. 2. Lands located within the urban development area should be suitable for development at a density greater than one dwelling unit per acre, where public sewer services with necessary capacity are provided. Lands connected to public water systems shall also be considered a part of the urban development area.

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The utilization of on-site sewage disposal systems shall not be acceptable in the urban development area, unless it can be determined that: A. Public sewer services are not available to serve the proposed development; and B. Mitigation measures will assure that the proposed development density will not cause adverse cumulative health or environmental impacts. 3. Utilization of public water services should be encouraged in the urban development area. 4. The urban development area shall be considered urban for development purposes and subject to urban development policies of the appropriate community plan.

Countywide Planning/Intergovernmental Coordination (Sections 2633.12 – 2633.17): 12. Establishment of urban development and expansion areas shall not be a commitment by the County of Humboldt to approve land divisions or other development proposals at urban densities. Rather, it establishes the maximum extension of such development. 13. Lands not suited for resource production should be developed prior to the conversion of resource production lands. 14. Factors such as public water and sewer availability, road and street capacity, police and fire protection, proximity to educational and health facilities, and solid waste management should be assessed in urban development proposals. Fiscal impacts of new development on public facilities should also be assessed. 15. The County shall review public works projects for conformity with the adopted General Plan or part thereof. 16. The County shall encourage the preparation of Capital Improvement Programs. 17. The Planning Department shall record and review information related to the adequacy of the development timing policies of the General Plan.

2.1.3 Impact Evaluation Criteria

For evaluating the potential impacts related to land use and planning, an impact would be considered significant if it meets any of the following criteria: · physically divide an established community; · conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect; or · conflict with any applicable habitat conservation plan.

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2.1.4 Impacts and Mitigation

Impacts associated with land use and planning are addressed in this section.

Impact 2.1.1: Physically Divide a Community

The formation of a CSD would provide an organizational structure to operate and maintain the Town of Scotia independent from PALCO. The subdivision would create individual lots for existing residential, commercial, public use, and industrial dwellings or structures and other related facilities. Three residential lots and two commercial lots would be vacant. These actions are not expected to physically divide the community.

Level of Impact: No Impact

Mitigation Measures: None Necessary

Impact 2.1.2: Conflict With Any Applicable Land Use Plan

The project (CSD and subdivision) includes a General Plan amendment, text amendments to the zoning code, and rezones to make the General Plan land use designation and underlying zoning consistent with each other and match existing land uses on the ground.

PALCO has filed an application with Humboldt County for a General Plan Amendment to allow the project area to change from its existing Industrial General (IG) land use designation to the following land use designations: Residential Low Density (RL); Public Facilities (PF); and Commercial General (CG). An extension of the urban limit line to include the town of Scotia will occur as part of the process updating the general plan designations. As stated earlier, the purpose is to make the County General Plan land use designations consistent with underlying zoning and existing uses. For example, residential areas in Scotia that are currently designated IG and comprise the largest component of the project area are proposed to be reclassified to the RL land use designation.

A text amendment to the zoning code Section 314 would create a new category of zoning classification: “Recreation and Conservation,” and add one new zoning classification within the (proposed) category Recreation and Conservation: “Public Recreation.” Section 314 would also be amended to add one new zoning classification within the existing category of Public: “Public Facility-Urban.”

The project proposes that approximately 420 acres of land currently zoned Unclassified (U), Agricultural Exclusive (AE), Timber Land Production Zone (TPZ), and Heavy Industrial (MH/Q) to be rezoned into six different zones under the Humboldt County Code-Zoning Regulations. The zones would consist of one residential-use zone (R-1) and five non-residential-use zones (PF1, PR, C-2, CG, TPZ). Following approval of the rezone, both a Design Review Guidelines (“D”) combining zone, Noise Impact “N,” Qualified “Q,” and a Planned Development (“P”) combining zone would be applied.

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The General Plan amendment, text amendment to the zoning code, and rezone would bring all the land uses in the Town of Scotia in compliance with the Humboldt County General Plan and Zoning Code. The extension of the urban limit line allows for reduced setbacks from streams among other policies pertinent to development at urban densities.

Following approval of the rezone, a Design Control “D” combining zone and a Planned Development “P” combining zone would apply to areas subject to the proposed rezone. A Qualified “Q” combining zone would apply to the 35 multi-car garage lots in the Residential-One family zone, restricting the use. The “N” Noise Impact combining zone would apply to those areas zoned for residential uses, where exterior noise levels exceed County standards.

The purpose of the “D” combining zone will be to control, safeguard, preserve, and enhance areas of historical, scenic, civic or cultural values of the County. The D combining zone establishes a Design Review procedure that will allow review of plans to modify existing structures and proposed new construction.

The Noise Impact “N” combining zone will apply to those portions of the project proposed to be zoned for residential uses, where exterior noise levels exceed County standards. The “N” combining would establish a requirement that new residential construction, including reconstruction after fires or natural disaster and additions, but not retrofits of existing construction, to conform to applicable requirements of the Humboldt County Building Code. Building standards are required to reduce interior noise levels to 45 dB CNEL-Ldn in all habitable rooms.

The “P” combining zone is a requirement for the subdivision as many of the tentative map lots that do not meet the normal development standards required in the underlying zones. The “P” combining zone allows for the preparation of a development plan and more flexibility in development standards than may be allowed in the underlying principle zone.

There are 35 multi-car garage lots within the R-1 zone. They are proposed to be rezoned Residential One-Family with a qualified combining zone (R-1/Q) restricting the use to accessory garages. The garage parcels will be held in common by either a home owners association or the service district, and for there to be easements on each individual garage in favor of specific single family residences so that the parking for specific residences is not diminished.

The Development Plan prepared for the proposed project identifies proposed lots that do not meet the development standards (are substandard) of the underlying zone. Additionally, the existing non-complying standards are listed for each substandard lot. The existing non-complying standards, under the P combining zone, are interpreted as “applied development standards.” Put another way, the existing conditions for each lot that does not comply become the standards for each lot.

Essentially, the “P” combining zones allows for “applied development standards” and brings the project in compliance with the Humboldt County zoning code.

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The Town of Scotia fits the definition of an urban development area, under the County’s General Plan and complies with the applicable policies. All lands within the urban development area are suitable for development (in fact, are developed) at a density greater than one dwelling unit per acre. Public sewer and water systems with adequate capacity are available. Additionally, roads and streets serving the Town of Scotia have adequate capacity, police and fire protection services are readily available as is solid waste management. The Town is in close proximity to educational and health facilities. Fiscal impacts of forming a CSD and serving newly created undeveloped lots are presented in the MSR prepared for the LAFCO application.

The extension of the urban limit line is not expected to result in any significant environmental impacts.

Level of Impact: No Impact

Mitigation Measures: None Necessary

Impact 2.1.3: Conflict With Any Applicable Habitat Conservation Plan.

Scotia was inadvertently included in the Habitat Conservation Plan (HCP), which was prepared by PALCO. PALCO is working with the regulatory agencies to remove the town from the HCP. Regardless, the proposed CSD and subdivision are consistent with PALCO’s HCP.

Level of Impact: Less than Significant

Mitigation Measures: None necessary

2.2 Population and Housing

2.2.1 Environmental Setting

Population. As of June 2005, the PALCO housing office estimates that there were a total of 685 PALCO employees and an additional 88 employees of other businesses located in Scotia, which totals 773 persons employed in the Town of Scotia. The PALCO housing office states that there are 273 occupied residential dwelling units in Scotia, with an estimated residential population of approximately 800 persons. Based on the US Census, and using census blocks that are approximately coterminous with the town, the year 2000 population was 849 (Tract 06023- 011100 and blocks 4 through 7, 10 through 25, 27 through 33, and 38) (SHN, September 2007).

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Housing. The PALCO housing office states that there are 272 occupied residential dwelling units in Scotia, with a vacancy rate of approximately 6.6 percent, which is much lower than the Humboldt County vacancy rate of 8.4 percent (personal communication Gillian Salmon, Pacific Lumber Company. September 25, 2007).

The proposed CSD and subdivision would cover the entire Town of Scotia, including the residential and commercial areas. The subdivision of PALCO-owned land to individual parcels would facilitate the sale of residential and commercial structures that are no longer part of the PALCO core business (SHN, September 2007).

PALCO has stated that the residential portion of the subdivision,

…will allow for the eventual sale of the homes to according to the following priorities: Priority Level 1: PALCO employees who currently live in their homes; Priority Level 2: PALCO employees who would like to move back to Scotia; Priority Level 3: Employees of the school and town businesses, who currently live in Scotia; Priority Level 4: PALCO retirees who would like to live in Scotia; and Priority Level 5: Sales to outside buyers.

2.2.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) contains the population and housing policies relevant to the proposed project:

Housing Element. The Humboldt County General Plan Housing Element policies are as follows: Policy 1.1a. The County shall maintain an adequate supply of residentially zoned land to develop an affordable mix of housing in urban areas and accommodate housing needs. Policy 1.1b. Promote the development of various types of housing opportunities, by ensuring an adequate supply of residentially zoned sites at low, moderate, and high densities for new housing construction. Policy 1.1c. Support development proposals that seek to locate new market rate multi-family uses at strategic locations within transportation corridors and at transit stops, or at other strategically located reuse and underdeveloped sites. Policy 1.1d. Support residential project proposals that are appropriately designed, and meet required density ranges in order to promote the construction of affordable housing. Policy 1.1e. Promote the buildout of vacant residential properties in urban areas through infill reuse and redevelopment activities. Policy 1.1f. Initiate appropriate plan and zone amendments that allow increased residential densities in areas where community health and safety would not be compromised. Policy 1.2b. The County shall encourage affordable housing projects and housing for special populations that integrate well with the surrounding neighborhood.

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Framework Plan. The Humboldt County General Plan Volume 1 Framework Plan identifies a number of policies related to population and housing. Policy 3.1. The County shall develop and maintain a housing site inventory. Policy 3.2. The County shall encourage and be receptive to new and experimental techniques to facilitate optimum utilization of available sites. Policy 3.3. The County shall initiate appropriate plan and zone amendments, which allow increased residential densities in areas where community health and safety would not be compromised. Policy 3.4. The County shall facilitate compatible mixed residential and commercial uses. Policy 3.5. The County shall designate sites for varying types of residential development in the Community Plans. Policy 3.6. The County shall identify sites for permanent affordable housing, and for alternate facilities such as, homeless shelters and transitional housing. Policy 3.7. The County shall develop a homeless shelter site inventory and make provisions for the expeditious development of homeless shelters to enable a timely response. Policy 3.8. Adequate housing sites for the low-income nomadic population of the County should be identified throughout the County in proportion to the specific local needs as part of the ongoing development of the Land Use Element of the General Plan. Policy 3.9. The Planning Department should identify sufficient sites to accommodate the anticipated nomadic housing needs throughout the County in areas outside of the established community planning areas. Policy 3.10. Community Plans, in the course of formulation or revision should include consideration of adequate sites to accommodate the proportionate nomadic housing site needs for each community. Policy 4.10. The County may allow legal, non-conforming single family and multi-family structures to be retained in new residential subdivisions even where the retention of these structures means that the General Plan density for the parcel is exceeded. However, the creation of any parcels without an existing dwelling must be consistent with planned densities. The County shall require the repair of building, plumbing, mechanical, and electrical hazardous conditions that exist in such non-conforming structures to meet acceptable health and safety codes.

2.2.3 Impact Evaluation Criteria

For evaluating the potential impacts related to population and housing, an impact would be considered significant if it meets any of the following criteria: · induce substantial population growth in an area, either directly (by proposing new homes and businesses) or indirectly (through extension of roads or other infrastructure); · displace substantial numbers of existing housing, thereby necessitating the construction of replacement housing elsewhere; or

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· displace substantial numbers of people, thereby necessitating the construction of replacement housing elsewhere.

2.2.4 Impacts and Mitigation

This section of the EIR addresses potential impacts associated with population and housing.

Impact 2.2.1: Induce Substantial Population Growth

The proposed CSD and subdivision would not result in a substantial increase in population. The subdivision would create three additional residential lots that would be undeveloped. Housing developed on these newly created parcels could accommodate a small number of people (10-15). The remainder of the residential areas would remain unchanged in terms of population and available housing. No additional vacant land will be made available for residential development. Similarly, the creation of 2 additional commercial lots, vacant and available for development, would not result in substantial increase in employment opportunities that would attract people to the area, and as a result, increase the population. No additional vacant land will be made available for commercial development. The land area within the proposed CSD boundary is already developed (“built out”) in residential, commercial, or industrial uses. The project will not result in any growth inducement.

Level of Impact: Less than significant.

Mitigation Measures: None necessary

Impact 2.2.2: Displace Substantial Numbers of Existing Housing

The proposed CSD and subdivision could result in a slight increase in housing by creating three currently vacant residential lots for sale. There would be no change in terms of population and available housing for the remainder of the residential areas. None of the existing houses would be displaced.

Level of Impact: No Impact

Mitigation Measures: None necessary

Impact 2.2.3: Displace Substantial Numbers of People

The formation of a CSD would provide an organizational structure to operate and maintain the Town of Scotia while the subdivision would create individual lots for existing dwellings or structures and other related facilities. The project would not result in the displacement of substantial numbers of people.

Level of Impact: No Impact

Mitigation Measures: None necessary

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2.3 Public Services

2.3.1 Environmental Setting

Humboldt County provides law enforcement. PALCO provides fire protection, emergency medical services (basic life support), streetlights, parks and recreation services, and landscaping and landscape maintenance. The Public elementary school is operated by the Scotia Elementary School District. These public services are summarized below:

Law Enforcement. The Humboldt County Sheriff provides law enforcement for Scotia. In addition, PALCO provides private security services for the residents, offices, and industrial facilities in the Town of Scotia (7 days a week/24 hours a day).

Fire Protection. The SVFD is unique in Humboldt County because this department is organized as part of PALCO rather than as a special district. Volunteers for the SVFD are residents of Scotia, and employees of either PALCO or other Scotia businesses. The SVFD has one fire station located at 145 Main Street, roughly in the center of town; provides emergency medical services and fire service calls; and operates three water pumps, two water tenders, and one medical rescue vehicle. The California Department of Forestry and Fire Protection (CDF) provides dispatch services for the SVFD through the Humboldt County Fire Dispatch Cooperative. The SVFD provides service throughout the Town of Scotia and has often responded to CDF dispatches to incidents on Highway 101 and as far south as Redcrest. The SVFD has mutual aid agreements with CDF and surrounding fire departments. The SVFD responds to about 45 calls for service per year, approximately 80 percent of which are medical related.

Emergency Medical Services. The SVFD also provides basic life support and Emergency Medical Services (EMS). Most members are trained to the first responder level with four trained to the emergency medical technician-1 level. City Ambulance of Eureka provides 24-hour advanced life- support and ambulance service to Scotia from their facility located on South Fortuna Boulevard in Fortuna. The service area of City Ambulance is established by the North Coast Emergency Medical Services Authority (NCEMSA) and would not be affected by the CSD and subdivision. The NCEMSA is a joint powers authority created in 1975 to develop a regional EMS system on behalf of its members: Del Norte, Humboldt, Lake, and Trinity counties. The NCEMSA establishes the procedures for the delivery of emergency medical services in Humboldt County and is responsible for emergency medical training program approval, personnel certification, base hospital and provider designation, quality improvement/assurance, system coordination, and evaluation.

Parks and Recreation. Scotia’s recreation facilities include a community park, an indoor recreation center, one baseball field, and one soccer field. Fireman’s Park, also known as Scotia Park, is the town’s community park. Fireman’s Park is a fenced park with redwood trees, picnic tables, and barbeques (see Figure 2-1, Town of Scotia Parks and Recreation). The park’s proximity to the Eel River and the ball fields makes it convenient to a large number of users, primarily Scotia residents and visitors. The baseball field, known as Carpenter’s Field, is a fenced baseball field with bleachers, located opposite Fireman’s Park. A grass, fenced soccer field (known as Slaughterhouse

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc 2-10 Note: All features are approximately located and to be used for illustration purposes only. No scale Information provided by Pacific Lumber Company. ³ Pacific Lumber Company Scotia Parks and Recreation Draft Program Environmental Impact Report Town of Scotia, California SHN 005161.106 December 2007 parks&rec.mxd Figure 2-1

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Field) is located north of the Fireman’s Park. Together, the baseball field, Fireman’s Park, and soccer field form the core recreation area for Scotia. The recreation center complex, located at the east end of Mill Street, is another component of Scotia’s recreation facilities.

PALCO currently manages and administers Scotia’s park and recreation facilities, including: structure maintenance, trash pickup, mowing lawn areas, maintaining park gardens and area landscaping, fencing, watering, and administering schedules for the recreation facilities. Management of the recreation center involves maintenance of the building, pool, indoor courts, pool and sporting equipment, and locker facilities, as well as scheduling hours of operation, clubs and activities, and staffing for the facility.

Landscaping and Landscape Maintenance. Landscaping and landscape maintenance in Scotia is provided by PALCO. Landscaping and maintenance areas include roadside areas such as Main Street, the downtown commercial area, streetscapes, building setback areas, residential areas, and public facilities.

Schools. The Scotia Elementary School District and its only school, the Stanwood A. Murphy Elementary School, serve the Town of Scotia, as well as the area along Highway 101 and Shively Road south of Scotia, to Redcrest. The school is located at the intersection of Church and First Streets. The Scotia Elementary School District serves children in grades kindergarten through eighth. The Stanwood A. Murphy Elementary School can accommodate approximately 400 students.

Scotia Elementary enrollment has generally declined over the last 10 years from 353 students in the 1993-94 school year to 291 in 2005-06. Scotia is also part of the Fortuna Union High School District. PALCO owns the Stanwood A. Murphy Elementary School site and buildings, with the exception of three portable classrooms and the cafeteria building, which are owned by the School District. PALCO is in the process of selling the site and buildings to the school district and an application is currently being reviewed by the state architect.

The Recreation Center is also part of the school. The Recreation Center is a large building, approximately two-stories in height, with an indoor pool at its south end. The Recreation Center includes a basketball court, racquetball court, weight room and cardiovascular room, and locker rooms. The PALCO Industrial Rehabilitation Center is located in a portable building south of the pool.

Other Public Services. Scotia does not have a public library. However, the Rio Dell Library, a Branch of the Humboldt County Library system, is located at 715 Wildwood Avenue, in Rio Dell, and is open on Wednesday, Friday, and Saturday. The Humboldt County Main Library and all library branches have computers connected to the Internet, which are available for public use.

2.3.2 Applicable Plans, Policies, Codes, and Regulations

No specific polices in the Humboldt County General Plan Volume I are relevant to the proposed project.

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2.3.3 Impact Evaluation Criteria

For evaluating the potential impacts related to public services, an impact would be considered significant if it meets any of the following criteria: · project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, including: o Fire Protection o Police Protection o Schools o Parks o Other Public Services

2.3.4 Impacts and Mitigation

This section of the EIR addresses potential impacts associated with public services.

Impact 2.3.1: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities

The proposed CSD and subdivision would not substantially increase the population, number of housing units, or commercial or industrial activity. The proposed CSD and subdivision are not expected to result in a significant increase in the demand for public services and would not require new or physically altered governmental facilities. It would not result in the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services.

Level of Impact: No Impact

Mitigation Measures: None necessary

2.4. Utilities and Service Systems

2.4.1 Environmental Setting

PALCO provides electricity, water, wastewater treatment, drainage, and some road maintenance services to the Town of Scotia. The following section summarizes the baseline condition of utilities and service systems within the Town of Scotia (SHN, September 2007).

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Electric. PALCO currently provides all electric power to Scotia, with a 32.5-mega watt cogeneration plant (combined heat, and power) biomass powered co-generation plant. PALCO owns the power distribution system within Scotia, including the poles, conductors, transformers, and meters. PALCO sells power to PG&E using woodwastes from milling operations to produce electricity to run the manufacturing facilities and to light homes and businesses in Scotia, and is considered a “qualifying facility” (which is defined as a small power producer that meets the federal Public Utility Regulatory Policies Act of 1978 guidelines and qualifies to supply generating capacity to electric utilities, which must purchase this power at a price approved by the California Public Utility Commission [CPUC]). Some of the PALCO-owned power poles are joint poles containing telephone facilities owned by AT&T and coaxial cable facilities owned by Suddenlink (formerly Cox Communications). PALCO establishes its own rates and charges for providing electric service to its customers (SHN, September 2007).

Currently, PALCO provides electrical power, on its own grid, to the Town of Scotia with 13.8 kilovolt (kV) service supply. Subject to the change from PALCO ownership of Scotia to private, multiple ownership, the electrical supply and distribution will be transferred to PG&E. The new PG&E service supply will be 12 kV.

PG&E has inventoried and studied the existing PALCO electrical system in Scotia, and is providing PALCO with several alternatives for the transfer of services. Each alternative combines the electrical, telecommunication, and cable lines and requires decommissioning selected light poles, installing new power/light poles, and relocating portions of the transmission line underground. Very few original poles exist in Scotia. New poles to be installed by PG&E may be taller or shorter to meet the required services and darker colored (personal communication Don Bryant August 27, 2007). The new wooden poles will be treated with currently acceptable wood treatment processes. The majority of changes are located in the residential and commercial areas with few in the industrial area.

Natural Gas. Scotia is the most southern Humboldt County community served by PG&E natural gas facilities. PG&E owns and operates the natural gas distribution network in Scotia and all users are individually metered (SHN, September 2007). Several commercial buildings and approximately 9 residential buildings use steam and will be converted to natural gas, fed by the existing PG&E main line.

Telecommunications. AT&T (formerly SBC Communications) is regulated by the CPUC and provides a full range of telephone service to businesses and residences in the Town of Scotia. AT&T operates a central office for Scotia telephone service located on Sequoia Street in Rio Dell. AT&T owns its facilities within Scotia; however, some AT&T facilities are attached to PALCO- owned utility poles (SHN, September 2007).

Cable Television. Suddenlink provides cable television and broadband Internet service to residents of Scotia. Suddenlink owns its cable facilities within Scotia, which are located on joint utility poles. The proposed CSD and subdivision is not expected to significantly increase demand for cable television or Internet service (SHN, September 2007).

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Although AT&T owns and operates a fiber optic line in Scotia, PALCO owns its own fiber optic telecommunications facilities that distribute broadband communications services to certain PALCO offices within Scotia. These are customer owned facilities and are not regulated by the CPUC.

Suddenlink Communications, Inc. provides cable television and cable Internet services to both Rio Dell and Scotia. Suddenlink also maintains the fiber optic cables in Rio Dell and Scotia and provides broadband services (SHN, September 2007).

Water. PALCO maintains Scotia’s water systems. The domestic water treatment facility is located across Highway 101, uphill of Scotia. Currently, PALCO’s Water Treatment Facility (WTF) provides potable water to the Town of Scotia and PALCO facilities. The California Department of Health Services regulates the potable water system. The water intake is located below the Eel River and the pumping station and piping system provides water up to the 1,000,000 gallon steel tank above the treatment plant. The treated water is stored in a 488,000-gallon steel water tank located below the water treatment plant. The water treatment plant has a capacity of 800,000 gallons per day. Currently, the WTF operates at half of its potential capacity (400,000 gallons per day) (SHN, September 2007).

The water treatment system is operated by licensed operators. The WTF has a State-regulated quantity of chlorine gas (600 pounds), which must also be managed according to the California Accidental Release Program (CalARP) Risk Management Plan (RMP) (SHN, September 2007).

PALCO has Eel River diversion entitlements for drinking water, mill processes, and fire supply (7.1 cubic feet per second which is approximately 5 million gallons per day) to provide adequate supply for the Town of Scotia and PALCO mill operations, and new or expanded facilities should not be needed. Fire flow service is a separate system; fire protection water is provided separately from the potable water system to Scotia and the mill facilities (SHN, September 2007).

PALCO will transfer the water right license to the Scotia CSD, retain a contractual right that guarantees PALCO a specific quantity of water, and create a reversionary interest in the license to be triggered under specified future conditions, including dissolution of the CSD or acquisition of the CSD’s service area by a different water service provider. The Scotia CSD will operate the diversion facility itself for purposes of conveying its own water. Regarding delivery of the water, this arrangement is structured to require the Scotia CSD to deliver the water or else give PALCO the right to use the diversion facility (and any replacement facility), to divert and convey its own water supply. PALCO will maintain the distribution of the water for industrial uses and fire suppression. In short, PALCO would convey the water right and the diversion works to the CSD. If one of the triggering events occurred, PALCO would either immediately revert to ownership of the right or else be faced with the decision of whether to assert its reversionary interest.

Wastewater. PALCO maintain s and operates Scotia’s wastewater systems. The WWTF is located on Williams Street, west of the main industrial area, north of the soccer field, and within the 100- year flood plain. The Scotia WWTF was constructed in 1954 and consists of the treatment headworks, a primary clarifier, a redwood slat trickling filter, a secondary clarifier, a sludge digester, a chlorine contact basin, a series of 3 treatment ponds, and a final summer percolation

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discharge pond (summer) or permitted Eel River discharge (fall, winter, spring). The treatment plant process has an estimated existing hydraulic capacity of 0.78 million gallons per day (MGD), based on the current limiting pumping rate at the chlorine contact chamber (SHN, September 2007).

The wastewater treatment system is operated by licensed operators. The WWTF has a State- regulated quantity of chlorine gas (4,400 pounds), which must also be managed according to the CalARP RMP (SHN, September 2007).

During high winter flows, effluent is discharged directly into the Eel River. During the summer months, when discharges to the Eel River are prohibited, the percolation pond is used for disposal of treated effluent. The pond is a temporary construction, used only in the summer (May-October), to percolate treated wastewater from the WWTF. The U.S. Army Corps of Engineers (ACOE) permit and 401 Water Quality Certification, and California Department of Fish and Game (CDFG) 1603 permit allow for the construction of the temporary percolation pond, which is annually removed by high river flows, which occur during the winter months (SHN, September 2007). Table 2-1 presents secondary treated wastewater effluent infiltration standards.

Table 2-1 Secondary Treated Wastewater Effluent Infiltration Standards Constituent Unit Monthly Average1 Daily Maximum2 BOD3 (20°C, 5-day) mg/L4 50 80 Suspended Solids mg/L 50 80 Settleable Solids ml/L5 0.1 0.2 Hydrogen Ion pH Not less than 6.5 or greater than 8.5 1. The arithmetic mean of all samples collected in a calendar month 2. The maximum sample of al samples collected in a calendar day 3. BOD: Biological Oxygen Demand 4. mg/L: milligrams per Liter 5. ml/L: milliliters per Liter

PALCO currently discharges under Order No. R1-2006-0020 and NPDES Permit No. CA0006017. This permit was adopted by the RWQCB on June 29, 2006, by Order No. R1-2006-0020, and contains the waste discharge requirements for both the PALCO Scotia municipal WWTF and the PALCO Scotia steam electric power plant. The new permit went into effect on September 30, 2006, and expires on September 30, 2011.

Under the existing NPDES permit (R1-2006 -0020), the PALCO Scotia WWTF is prohibited from discharging treated wastewater to the Eel River during the period May 15 through September 30 each year. During the discharge period from October 1 through May 14 of each year, discharges of treated wastewater to the Eel River shall not exceed one percent of the flow of the Eel River, based on the most recent daily flow measurement, as measured at the Scotia gauging station (United States Geological Survey [USGS] Station 11477000). Also, the total volume of treated wastewater discharged to the Eel River in a calendar month shall not exceed one percent of the total volume of the Eel River in the same calendar month.

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Discharges of treated wastewater are also required to be in compliance with effluent limitations set forth in the current NPDES permit. These effluent limitations include both technology-based limitations and water quality-based limitations. Discharges from the Scotia WWTF are currently permitted under NPDES Permit No. CA0006017, WDR Order No. R1-2006-0020, which became effective for the designated facilities on September 30, 2006. The updated permit set forth new, more stringent effluent limitations for the facility. Therefore, on September 20, 2006, the RWQCB adopted Cease and Desist Order (CDO) No. R1-2006-0073 to set forth a schedule of tasks to ensure compliance with new waste discharge requirements at the WWTF. The CDO requires PALCO to comply with pollution prevention planning tasks in order to achieve long-term compliance with the technology based treatment standards of 85% removal for Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS).

The Scotia WWTF is currently in compliance with the discharge requirements set forth in the NPDES permit. However, the facility is over 50 years old, and has undergone no significant upgrades. The wastewater treatment system must be able to provide reliable secondary treatment for at least the next 20 years; to achieve satisfactory performance within this timeframe, it will be necessary to upgrade or replace major components of the existing treatment system, as well as parts of the existing collection system.

Wastewater Collection System Upgrades. Given the condition of the existing collection system as determined through inspection processes and the fact that much of the system is located outside of typical right-of-way areas (in backyards, under buildings, etc. (places that will become private property), it appears that a majority of the system needs to be replaced. SHN has prepared a preliminary layout of a replacement system. Pending final design, some lines may need to be realigned from the proposed alignments shown on Figure 1-2 (Chapter 1 of the MSR) in order to maintain gravity flow within the wastewater collection system.

The proposed repairs to the wastewater collection system include: · The residential/commercial collection system will be relocated and reconstructed using 6-inch minimum diameter pipe. · All service laterals will be replaced using a 4-inch minimum diameter pipe to each building and include a service cleanout. · New manholes and cleanouts will be installed in the residential and commercial areas. PALCO will repair existing manholes on the industrial property.

Wastewater Treatment System Upgrades. The proposed repairs to the existing wastewater treatment plant incorporate upgrades to minimize the risk of the facility’s location within the 100- year floodplain, provide redundancy for major treatment processes, and increase the secondary treatment capacity at the facility. A layout of the existing WWTF is shown in Figure 2-1 (Chapter 2 of the MSR).

Recommended Upgrades For Flood Control. To minimize the impact of the facility’s location in the floodplain, it is recommended that a control room be constructed as a second story addition above the pump room. The control room would contain the Variable Frequency Drives (VFDs), electrical control panel, and enunciator panel.

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Flows and Loading Upgrades. The WWTF will be required to treat projected flows and loadings based on full residential occupancy, existing commercial connections, existing industrial connections, and additional commercial sources including the reuse located in the former Mill A facility.

Biosolids Disposal Upgrades. The sludge digester has the capacity to handle projected loadings; however, there are certain structural improvements that will be required. The extent of these improvements will be assessed during design. Currently and historically, the sludge digester has produced very low volumes of biosolids for disposal; it is not anticipated that the future loads on the system will significantly increase the amount of biosolids generated.

Land application of dewatered biosolids is the preferred alternative for biosolids disposal. During dry weather, biosolids would be applied from the proposed drying beds onto forested land. Alternatives to forested land disposal would include off-site disposal at an approved landfill and/or composting of biosolids. In addition, upgrades include new drying beds and a truck to dispose of biosolids.

The existing sludge disposal methods at the WWTF are permitted under the current NPDES permit through September 30, 2011, at which time the NPDES permit expires. As part of the current NPDES permit for the Scotia WWTF, PALCO is required to commit to one of two special study tracks for sludge disposal in order to ensure compliance with the Basin Plan’s discharge prohibitions for the Eel River. The two special study tracks include development of either: 1) a hydrogeologic study to determine the fate and transport of sludge discharged to the sludge dewatering trench, or 2) a study to determine alternative sludge disposal methods.

On March 30, 2007, PALCO submitted a written commitment letter to the RWQCB and outlined a preliminary schedule of tasks to perform an alternative sludge disposal study. Under the preliminary schedule of tasks, PALCO is required to prepare a written proposal to study sludge disposal alternatives by January 2010. Completion of the sludge disposal study is then required no later than 5 years from permit expiration, or by September 30, 2016. Based on these current permit requirements, it is anticipated the use of the dewatering trench for sludge drying and disposal will continue to be permitted during the next NPDES permit cycle from 2011 through 2016, and implementation of an alternative disposal method will be required by 2016.

Wastewater Disposal Upgrades. The WWTF discharges to the log pond year round. The former log pond is located south of Mill A, west of the cogeneration plant, and northwest of the former Mill B area. The approximate 30-acre pond was previously used for the storage of logs, and is currently being used for storm water detention and treated wastewater storage.

The log pond receives storm water runoff from portions of Mill A, the former Mill B area, shop areas, lumber storage areas, the cogeneration plant, and from the town of Scotia. The pond also receives cooling tower blowdown, boiler blowdown, and periodic filter backflushing discharges from the cogeneration plant, and treated effluent discharges from the wastewater treatment plant.

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Following periods of rainfall, the log pond overflows at the southwestern end, through a screened box culvert that feeds into a clarifier system. Overflows from the clarifier discharge to the Eel River during the discharge season, from October 1 to May 14 each year. During the non-discharge season, from May 15 to September 30 of each year, discharges from the log pond clarifier are routed to a temporary percolation pond constructed in the gravel bar adjacent to the Eel River.

The temporary percolation pond is constructed each year to receive discharges from the log pond clarifier during the non-discharge season. The use of the temporary percolation pond is permitted under the current NPDES permit through September 30, 2011, at which time the NPDES permit expires. As part of the current NPDES permit for the Scotia WWTF, PALCO is required to commit to one of two special study tracks for summer wastewater disposal in order to ensure compliance with the Basin Plan’s discharge prohibitions for the Eel River. The two special study tracks include development of either: 1) a hydrogeologic study to determine the fate and transport of wastewater discharged via the percolation pond, or 2) a study to determine alternative summer wastewater disposal methods.

On March 30, 2007, PALCO submitted a written commitment letter to the RWQCB and outlined a preliminary schedule of tasks to perform an alternative summer wastewater disposal study. Under the preliminary schedule of tasks, PALCO is required to prepare a written proposal to study disposal alternatives for summer discharges by January 2010. Completion of the summer wastewater disposal study is then required no later than 5 years from permit expiration, or by September 30, 2016. Based on these current permit requirements, it is anticipated the use of the temporary percolation pond for summer discharges will continue to be permitted during the next NPDES permit cycle from 2011 through 2016, and implementation of an alternative disposal method will be required by 2016.

PALCO has realized the importance and benefit to the Scotia community of identifying a wastewater disposal system that is acceptable to regulatory agencies, technically feasible, and has a low cost (initial capital and long-term operation and maintenance). To that end, PALCO is tentatively planning for summer wastewater disposal by means of storage and evaporation from the existing log pond. The calculations demonstrating summer flows are addressed using the log pond for storage and evaporation is presented in the Detailed Engineering Analysis (SHN, April 2007). This disposal method should prove feasible once the proposed improvements to the collection system (which will reduce flows into the collection system from infiltration and inflow) have been made and the detailed study for summertime disposal alternatives has been completed.

Expert Review of Operation of Water and Wastewater Facilities. The Humboldt County Department of Pubic Works’ expertise is with roads and drainage not domestic water and wastewater systems. As a result, an outside expert was contracted to review the Town of Scotia Community Services District Detailed Engineering Analysis appended to the Municipal Service Review (in support of application to LAFCo), to ensure that the recommendations meet the minimum needs of the proposed CSD (PMC, 2007). The essence of this expert review is summarized below.

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An expert review of the operation of water and sewer as presented in the Detailed Engineering Analysis has been completed and generally concurs with the technical issues and recommendations contained in the report. The majority of the comments focused on the expenditures of future CSD capital improvements and operations, and who would pay for those, whether it’s PALCO or debt financed by the CSD rate payers (December 11, 2007: email correspondence, from Daniel Hamilton [PMC] to Arnie Herskovic [SHN]). Future capital improvements necessary to the wastewater system, sludge removal, etc. are being addressed in the CSD's long-term capital improvement program and could result in future user cost increases. The CSD will be in a position to pursue available state and federal grant and low interest loan program sources to assist in defraying the future costs of identified system capital improvements (Town of Scotia Community Service District Detailed Engineering Analysis Development of the Scotia Community Services District LAFCo Application, April 2007).

The Detailed Engineering Analysis includes technical discussions on alternative wastewater treatment and associated disposal methods, water treatment and distribution, storm water collection, and roads, among other infrastructure issues and makes recommendations based on cost and technical feasibility. Those recommended improvements that might result in physical environmental changes are addressed in this Draft Program EIR. Significant environmental impacts have been identified and mitigation measures, proposed.

The Program EIR alternative discussion describes and compares alternative means of ownership and operations of water and wastewater facilities and does not address alternative water and wastewater treatment methodologies, as they are not a part of the project. The proposed infrastructure improvements recommended in the MSR would be required regardless of who owns and operates the utilities.

Stormwater Drainage. PALCO’s storm drain systems have outfalls to the Eel River and the log pond. The log pond is being used as a stormwater treatment facility as well as for treated wastewater discharge. Humboldt County and State of California highway drainage facilities also tie into the existing storm drain system at various locations. PALCO currently provides maintenance for the storm drain system. Culverts associated with County-maintained roads in Scotia are maintained by Humboldt County. PALCO manages the drainage systems that are not associated with County-maintained roads (SHN, September 2007).

Solid Waste. Solid waste collection and disposal services for Scotia are provided by Eel River Disposal and Resource Recovery (ERD). ERD also provides curbside recycling services to the Town of Scotia.

Biosolids are solids generated at the wastewater treatment plant. See discussion of biosolids disposal in Chapter 2, Section “2.4 Utilities and Service Systems,” under wastewater (page 2-14 and 2-15).

Roads. Scotia has a network of arterial and collector streets, which provide service to the various neighborhoods. This road system was constructed by PALCO. Many of the roads were accepted into the County-maintained road system and are maintained by the Humboldt County Public Work Department. In addition to the road system, there are a number of alleys that are used as common

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access to garages. There are also several privately maintained roads. The County of Humboldt is responsible for maintaining the following streets in the community of Scotia: B Street, Bridge Street, Church Street, Eddy Street, Mill Street, North Court, Williams Street, 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street, and 6th Street.

As a result of installation of new wastewater collection, water distribution, and storm water collection systems, the street system in Scotia will be in need of repair. The MSR indicates that 75% of existing roadways will require repair. Selected roadways/streets are anticipated to need a 0.2- foot asphalt overlay. Before final pavement overlaying, it is anticipated that preliminary work to address patching, leveling with appropriate base course thickness, and some curb replacement will be needed.

Streetlights. PALCO maintains Scotia’s streetlights. Ownership of electrical utilities will be transferred to PG&E. Very few original poles exist in Scotia. PG&E is looking at alternatives that will combine the electrical, telecommunication, and cable lines and that may require decommissioning selected light poles, installing of new power/light poles, and relocating portions of the transmission line underground.

Improvements that involve physical changes (impacts) to existing conditions (e.g., historically significant characteristics) will be accomplished in a manner that minimizes the visible appearance of the changes. For example, infrastructure systems currently running under existing buildings or through proposed lots will be abandoned in place and replaced with existing roadway rights-of- way. To the extent that is feasible and practical, these improvements will match colors, materials, textures, and finishes of existing elements (e.g., curbs, retaining walls, light poles, signs, etc.).

2.4.2 Applicable Plans, Policies, Codes, and Regulations

Humboldt County General Plan policies for utilities and service systems are summarized below.

Section 4512 of Framework Plan: 1) Encourage further investigation of the County's water resources by Federal and state water resources agencies. 2) Regulate development that could pollute watershed areas as defined in Section 3362.1. 3) Ensure that the intensity and timing of new development would be consistent with the capacity of water supplies.

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4) Maximize the use of water conservation techniques appropriate for new and existing development.

Section 4600 of Framework Plan: 1) Reduce litter and other illegal solid waste disposal. 2) Provide a healthy, safe, and environmentally and economically sound system for the management of solid waste and recycled materials. 3) Establish and maintain a coordinated solid waste and recycled materials management program for the County. 4) Minimize the environmental impact of solid waste handling and disposal by mitigation measures such as using bear-proof containers and fencing. 5) Establish and maintain an equitable system to finance the cost of integrated waste management. 6) Encourage the establishment of resource and energy recovery systems throughout the County. 7) Encourage waste reduction through source reduction, reuse and repair, recycling and recovery, and marketing programs. 8) Implement programs included in the County and cities' source reduction and recycling elements to minimize the amount of wastes requiring disposal.

2.4.3 Impact Evaluation Criteria

For evaluating the potential impacts related to utilities and service systems, an impact would be considered significant if it meets any of the following criteria: · exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board; · require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; · require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; · have sufficient water supplies available to serve the project from existing entitlements and resources, or require new or expanded entitlements; · result in a determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity to serve the project’s projected demand in addition to the providers’ existing commitments; · is served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs; or · complies with federal, state, and local statutes and regulations related to solid waste.

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2.4.4 Impacts and Mitigation

This section of the EIR addresses potential impacts associated with utilities and service systems.

Impact 2.4.1: Exceed Wastewater Treatment Requirements

PALCO is in compliance with the waste discharge requirements for the Town of Scotia including mill operations. PALCO currently discharges wastewater under Order No. R1-2006-0020 and NPDES Permit No. CA0006017. This permit was adopted by the RWQCB on June 29, 2006, by Order No. R1-2006-0020, and contains the waste discharge requirements for both the PALCO Scotia municipal WWTF and the PALCO Scotia steam electric power plant. The new permit went into effect on September 30, 2006, and expires on September 30, 2011.

Level of Impact: No Impact. Mitigation Measures: None necessary.

Impact 2.4.2: Result in the Construction of New Water or Wastewater Treatment

The formation of a CSD would provide an organizational structure to operate and maintain the water and wastewater facilities, and the subdivision would create individual lots for existing dwellings or structures and other related facilities. The CSD and subdivision would not result in a substantial increase in population or demand on water and wastewater systems. Water and wastewater system capacities are sufficient to serve the existing community. The water treatment plant has a capacity of 800,000 gallons per day. Currently, the water treatment plant operates at half of its potential capacity (400,000 gallons per day).

Water distribution and wastewater collection systems are being upgraded to meet current standards of practice to serve residential and commercial areas and would not create a significant impact. These improvements are being prompted by the proposed transfer of the water and wastewater operations to a CSD.

No new water or wastewater treatment facilities or expansion of existing facilities would result from the CSD and subdivision. Level of Impact: No Impact. Mitigation Measures: None necessary.

Impact 2.4.3: Construction or Expansion of Stormwater Drainage Facilities

The proposed CSD and subdivision would not create an additional source of stormwater runoff. Currently, the Town of Scotia and PALCO mill operations share storm drain facilities. They include the storm drain systems and the outfalls to the Eel River, plus the former log pond, which is being used as a stormwater treatment facility. PALCO currently provides maintenance for the stormwater system.

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The proposed subdivision of Scotia would not cause an increase in demand for stormwater infrastructure. Improvements to the storm drainage system are proposed to meet current standards of practice including replacement of existing, pipe, installation of new and replacement drop inlets, and manholes. As Scotia is currently “built out,” existing storm drain lines will not require upgrades in line sizing.

A Drainage Plan will be developed as part of the Final Map per County subdivision standards.

Level of Impact: No Impact.

Mitigation Measures: None necessary.

Impact 2.4.4: Sufficient Water Supplies Available

PALCO has entitlements and sufficient water resources for both drinking water and fire supply that are adequate for the Town of Scotia and PALCO mill operations. No new or expanded entitlements would be needed.

Level of Impact: No Impact.

Mitigation Measures: None necessary.

Impact 2.4.5: Adequate Wastewater Treatment Capacity

The proposed CSD and subdivision would not directly generate an increased demand for wastewater facilities. A minor increase in demand would be expected, after the development of three vacant residential, and two commercial parcels created by the subdivision. This increase in demand would be less than significant.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 2.4.6: Landfill With Sufficient Permitted Capacity Solid waste disposal needs for the proposed CSD and subdivision are expected to remain at the current level of service. Development of the three vacant residential and two commercial lots within Scotia would create a minor increase in demand for solid waste. This increase in demand would be less than significant.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

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Impact 2.4.7: Comply With Federal, State, and Local Statutes and Regulations Related To Solid Waste

Currently, the Town of Scotia is in compliance with all federal, state, and local statutes and regulations, related to solid waste.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

2.5 Cultural Resources 2.5.1 Environmental Setting

Archaeological Resources. According to the Humboldt County 2025 General Plan Update Natural Resources and Hazards Report, the original people of the “Eel River complex” are referred to as Transitional Athabascans. Their culture is a bridge between the Hupa and Whilkut to the north and other tribes to the south.

The City of Rio Dell, located across the Eel River from Scotia, is close to the aboriginal territory boundaries of several tribes, including the Wiyot (whose southern ancestral territory boundary is believed to have been between the mouth of the Van Duzen River and the City of Rio Dell), and the southern Athabascan groups including Mattole, Nongatl, and Sinkyone (whose northern ancestral territory boundary is believed to have been in the vicinity of the City of Rio Dell).

The North Coastal Information Center (NCIC) (September 2006) conducted a complete records search for the town area of Scotia to determine if the area might contain culturally sensitive sites or evidence of historic or cultural resources. The records search revealed no sites or further information obtained regarding previously recorded historic or cultural resources in the project area. The NCIC concluded that there was a low to moderate probability of finding sites or other evidence or human or cultural activity in the project area. While no recorded information was found regarding historic or cultural resources in the project area, the NCIC stated that there is a possibility that additional documents and records may exit elsewhere (TBA West, Inc., October 6, 2006).

Paleontological Resources. The Scotia Bluffs Formation, a prominent geologic feature visible across the Eel River from the City of Rio Dell, is made up of massive fine and medium grained sandstones, although some pebbly conglomerate and siltstone is also recorded. The Scotia Bluffs is a significant source for many fossils, and the types of fossils found suggest water depths of 30 meters or less. Ash layers that can be found in the Scotia Bluffs date to about 1.3 to 1.5 million years ago. In addition to the mollusks and sand dollars commonly found, the Scotia Bluffs are reported to have produced some plants, turtles, starfish and agatized whalebone (TBA West, Inc., October 6, 2006).

Historical Resources. An historic resources report was prepared for PALCO to address the historic significance of the Town, neighborhoods, and buildings (Scotia: Historic Assessment Study, TBA

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West, Inc., October 2007). The historic resources report included a discussion of historical background, description of the historical resources, evaluation of significance, impacts of the proposed project, and mitigation measures.

The historic resource assessment report is presented in its entirety in Appendix C of this Program EIR and is summarized below:

Historic Background

Scotia is the oldest, surviving mill of its type still in lumber production. In addition, Scotia is the last company-owned town in California.

The entire town of Scotia is owned by PALCO. Currently, residents of the town must work or have retired from the company or a Scotia-based business to live within the town. Scotia residents pay rent to PALCO. PALCO’s commercial tenants include the shopping center, private offices, US Postal Service, and various service oriented businesses.

Primary land uses include the industrial milling uses; single-family residences; commercial, institutional, and recreational activities including a theater facility, a museum, playing fields, and a fisheries center; an elementary school ; offices; and two churches. A sewage treatment plant is located in the industrial section of Scotia. Volunteers staff PALCO’s town fire department.

The majority of the existing buildings were built between the 1920s and 1950s. Most of the buildings are constructed of wood materials. Utilities, roadways, sidewalks, and retaining walls, fences, parks, and all structures and buildings are maintained by PALCO.

Period of Significance

The period of significance is the date or span of time within which significant events transpired, or significant individuals made their important contributions. Based on the findings for Scotia, the period of significance is between 1896 and 1959.

Scotia Residential Neighborhoods

In considering the varieties of residences within Scotia’s neighborhoods, the historic resources report divided the town into 3 neighborhoods, and the collective neighborhoods into 9 groups. The 3 neighborhoods are described below. · The Primary Neighborhood refers to the largest section of homes near the town’s commercial center, and stretching southward. The streets in the primary neighborhood include Mill, Eddy, Church, Main, and the numbered streets First through Sixth. · The Williams Street Neighborhood refers to the grouping of homes located closer to the Eel River and across the bridge from the log pond, due west of the commercial center. The streets included in this neighborhood are Williams—serving as the spine—Bridge, Pond Walk, and the numbered streets Seventh and Eighth.

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· The North Court Neighborhood, Scotia’s third residential area, is located near Mill A and due north of the town at Scotia’s entrance. All homes in this area reside on North Court.

Residential Building Integrity

The majority of Scotia’s residential buildings were constructed during the period of significance between 1896 and 1959.

Although most buildings have undergone modifications and repairs, the overall integrity remains high especially as components of the town’s composite character and scale. Because all repairs were done by PALCO, the owner of Scotia, there was a consistency and uniformity of construction methods and materials on buildings.

Industrial Buildings

Scotia’s industrial vernacular architecture reflects the practical application of its sole product, wood, as the primary building material. Large and modestly scaled buildings and other structures are designed for utility and functional uses with minimal ornamental detailing based on the stylized fashion and trend of the times.

The industrial section of Scotia is contained and separated from other uses. The buildings range from massive in scale to pockets of smaller units. Buildings are situated to maximize productivity and efficiency with minimal waste. However, as the industry changed and various modes of operations become defunct or redundant, buildings were often under- utilized or transformed into storage or other less active types of uses.

Industrial Building Integrity

Scotia’s industrial buildings, constructed during the period of significance, retain much of there original integrity. As with the residential component, most industrial buildings have undergone modifications and repairs in order to accommodate the functional and utilitarian nature of the lumber industry and technology. Because all repairs were done by PALCO, the owner of Scotia, there was a consistency and uniformity of construction methods and materials on buildings.

Scotia’s Commercial and Institutional Facilities

Like other mill towns, the commercial building stock in Scotia began as services that were required to support the lumbering activities. In addition, buildings such as the original Scotia Hotel accommodated visitors traveling along the railroad for leisure or business in Scotia and nearby communities. Early buildings were constructed in architectural styles that were modest, and yet prevalent, during those periods. Like the industrial vernacular, Scotia’s commercial shops were built of the most readily available material--wood.

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Few buildings were constructed after the 1950s. The original shopping area in the center of Scotia was replaced by a more contextual, though vehicular oriented, shopping complex that echoed design elements of the adjacent Winema Theater. However, the designs for the commercial use and Post Office across the street and the new elementary school ignored the dominant historical architectural precedence in Scotia.

Commercial and Institutional Building Integrity

The majority of Scotia’s commercial and institutional buildings were constructed during the period of significance. Although most buildings have undergone modifications and repairs, the overall integrity remains high. Because all repairs were done by PALCO, the owner of Scotia, there was a consistency and uniformity of construction methods and materials on buildings.

The original Modernist 1950s shopping center burned down during a rash of major earthquakes in 1992. Rebuilt that same year, the current shopping center was designed in a logging vernacular theme that is visually akin to that of the Winema Theater.

Scotia’s Recreational and Landscape Areas

Scotia’s recreational area is located due south on Williams Street past the laundry building. It is relatively set apart from any of the preceding neighborhoods, but is adjacent to the mill and work areas, and is located in proximity to the Eel River. Of highest historical significance in the recreational area is Fireman’s Park, a slightly elevated mound of mature redwood trees, clustered in a circle, alluding to an early twentieth century landscape aesthetic. Historically, Fireman’s Park hosted Scotia’s annual Labor Day feast.

Scotia fielded a baseball team in the early twentieth century, and the current ballpark site is in its historic location. The 1964 floods destroyed the original bleachers, which were rebuilt shortly thereafter. Though the ballfield retains its historic integrity, the bleachers themselves are noncontributing resources to Scotia’s historic significance.

Landscape Elements

A variety of manmade landscape elements in Scotia add to the character of the town. Often, these are smaller details, such as vintage fire hydrants or light poles. Such manmade landscape features, especially in the residential sections, visually reinforce the communal aspects of Scotia as a company town, and therefore have a degree of sociological connections. These include shared yards, shared picket fences and shared retaining walls of either reinforced concrete or masonry.

Recreational and Landscape Area Integrity

Scotia has a cultural landscape that includes both manmade and natural resources associated with its lumber-town culture, history, and activities. The historic vernacular of Scotia’s recreational and landscape groupings evolved over time, and are reflected in the

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residents’ physical, biological, and cultural character. These areas have retained integrity in terms of their location, setting, and relationship with town activities. Public and private spaces are well maintained.

Open spaces and gardens adjacent to residences vary in plant materials, fence separations, and landscape materials and features. Scotia’s recreational facilities include a gym and pool adjacent to the public school. This facility is in good condition. Outdoor sports fields and other landscaped open spaces reflect a balance between changes in the continuity of various cultural land uses and activities. Distinctive characteristics, especially exemplified by the grove of redwoods within Fireman’s Park along the Eel River, suggest an idealized plan by the owners to address the leisure needs of the mill workers. The current physical state of park’s form, order, features, and materials is good.

Roadways, Sidewalks, and Retaining Walls

Scotia’s street system was established and developed as PALCO expanded its lumber milling and production facilities. Although the primary function of the roadways was to transport industrial material, secondary roadways were built for access to residences, and commercial and institutional facilities; all were within easy pedestrian access of both Mill A and B.

The railway system, abandoned after trucking became the dominant means of transport, was separated from non-industrial uses. Alternative roadway exits and entrances south of the town facilitated logging-related traffic to access the mills without passage through the more commercial and residential areas. Roadways today have been graded and paved with asphalt material.

Retaining walls and embankments were used along the steeper roadway and sidewalk grades, primarily in the residential areas. Many of the residential roadways did not have sidewalks, but new reinforced concrete walkways were installed during the later periods of construction in areas closer to, as well as within, the commercial core. A few lighting poles also remain from this particular building period.

Similar to other idealized company towns, Scotia’s owners retained a small village atmosphere with modest single-family homes separated by neatly organized white picket fences made of wood. The types of fences vary in Scotia, but all retain a particular uniformity and order. Most are constructed of wood.

Roadways, Sidewalks, Retaining Walls, Fences and Signage Integrity

Because PALCO has systematically repaired and maintained these elements over the years, the integrity of these character-defining features has been maintained. Sidewalks in residential areas are in moderate condition. Most of Scotia’s main streets have sidewalks,

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while most alleys and portions of the side streets do not. Commercial areas have sidewalks in relatively good condition. Most of the commercial district has American Disabilities Act (ADA) accessible sidewalks.

Resources in Addition to the Built Environment

The preservation and maintenance of Scotia’s traditional lifestyle as part of the company town and the lumber industry are of prime importance. Affordability and sustainability are crucial elements in the success of the proposed action. If homes on subdivided plots are sold on the open market to new buyers from outside of this tight-knit community, there may be an impact on the way in which people relate to each other, organize, socialize, and generally cope as members of a company town.

Historic Districts

Historic districts are a concentration of historic buildings, structures, objects, or sites within precise boundaries that share a common historical, cultural, or architectural background. Individual resources within an historic district may lack individual significance but be considered a contributor to the significance of the historic district. In terms of this assessment, significant resources that are components of the district are referred to as “contributing.” “Non-contributing” sites, although located in a district, do not possess integrity within the period of significance.

Although it is the intention of PALCO not to seek historic district designation status, the assessment of effects of the proposed project is based on a potential historic district as defined by SHPO. Historic districts include a definable, geographic entity that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. Historical resources include, but are not limited to, any object, building, structure, site, area, place, record, or manuscript that is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic agricultural, educational, social, political, military, or cultural annals of California.

Evaluation of Significance

The historic resources report identified significant features and characteristics of Scotia’s residential, industrial, and commercial developments and other components.

A resource at Scotia was determined “highly significant” if it: · is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; · is associated with the lives of persons important in our past; · embodies distinctive characteristics of a type, period, region, or method of construction; or · has yielded or may be likely to yield information important in prehistory or history.

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A total of 309 out of 341 historic resources were identified as “highly significant” and listed as “contributing” resources in terms of historic district eligibility. All of the 271 residential resources were identified as “contributing.” Commercial and institutional structures identified as “contributing” totaled 12 out of 19 and include the Winema Theater, Scotia Museum, Scotia Inn, PALCO’s Administration office, the Medical Building, St. Patrick’s Church, and Union Church. A total of 24 out of 48 industrial resources were found to be “contributing” or “highly significant.” Although the shopping center was constructed after the period of significance, it was determined to be highly contributing due to its “context- sensitive” design. Recreational and landscape areas include a variety of manmade landscape elements in Scotia that contribute to the character of the town, such as landscaping, roadways, signs, fences, and vintage fire hydrants and light poles, among others. Contributing resources are summarized in Table 2-2 below.

Table 2-2 Historically Significant Contributing Resources, Town of Scotia Resource Type # of Contributing Resources (total) Residential 271 (271) Commercial & Institutional 12 (19) Industrial 24 (48) Recreational and Landscape Areas A variety of manmade landscape elements in Scotia add to the character of the town Totals 309 (341)

Historical Resources Findings

Major findings of the historical resources study include: · Scotia’s setting, as the last company-owned town of its kind in California, has regional and statewide importance. Scotia’s uses are a vital part of a community directly associated with a single industry parent company. · Scotia’s vernacular architecture is significant, both as single, individual resources, and as homogenous, collective contributors to a larger, historically, architecturally, and culturally significant district. Shared and continuous elements connect the residences in a way that indicates Scotia’s historical status as a company town. These continuous elements include, but are not limited to, walls, uniform picket fences, landscape elements and signs. · Scotia’s social and cultural character, reflective of the hierarchy, structure, welfare, values, and attitudes of a company town, and are associated with the company’s ability to provide services and amenities for its employees and staff. The historical and current availability of employment, housing, and accessible social activities is dependent on the company’s industrial sustainability. The physical layout of the town reflects the ideal vision of a model company town.

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· Industrial, residential, commercial, institutional, recreational, and landscape components of Scotia are located within walking distance of each other. The pedestrian- friendly atmosphere is an important character-defining feature of Scotia. · The environmental setting of Scotia’s working community—adjacent to the Eel River—is distanced from more urbanized areas such as Eureka. · Visible aspects of the streetscape are character-defining features of Scotia. These elements were constructed during the period of significance and include such features as sidewalks, lighting and utility elements, fire hydrants, sewer covers, stone retaining walls, retaining walls, public railings, continuous picket fences, and trees.

Based on these and other findings, Scotia is potentially eligible to be designated as a historic district consisting of collective resources in accordance with applicable plans, policies, codes, and regulations set forth by CEQA, the National Park Service, and the California Office of Historic Preservation. However, this designation is not sought by PALCO. The historic area for the Town of Scotia is illustrated in the Historical Resource Assessment (Appendix C).

Design Guidelines

Design guidelines have been prepared for existing and new buildings in accordance with the Secretary of Interior Standards (Design Guidelines: Scotia historic & Cultural Resources, TBA West, Inc., October 2007-Appendix D). These guidelines will be incorporated into an ordinance establishing the “D” combining zone and applied to areas with “Q” combining zones as well. These guidelines address site planning and relationship to surroundings; scale, height, and massing of buildings; materials, texture, and colors; light and signage; equipment, service areas, and energy efficiency; landscape elements; utilities, and public improvements; accessibility, health, and safety; demolition; database of materials and record of rehabilitation; and the Certificate of Appropriateness Checklist.

The members of the Scotia Design Review Committee shall be appointed by the Humboldt County Board of Supervisors (Appendix A). One member of the Design Review Committee shall represent the CSD and one or more other members shall represent local residents of Scotia.

2.5.2 Applicable Plans, Policies, Codes, and Regulations

Humboldt County General Plan Policies for Cultural Resources are summarized below: Section 3531 of the Humboldt County General Plan, Volume 1, Framework Plan establishes policies addressing cultural resources as listed below: 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.

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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 the 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 the 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 and paleontological resources.

2.5.3 Impact Evaluation Criteria

For evaluating the potential impacts related to cultural resources, an impact would be considered significant if it meets any of the following criteria: · cause a substantial adverse change in the significance of a historical resource as defined in '15064.5; · cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5; or · directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

2.5.4 Impacts and Mitigation

This section of the EIR addresses potential impacts to cultural resources.

Impact 2.5.1: Substantial Adverse Change in the Significant of a Historical Resource

The historic resources report determined that the proposed action does not directly alter any characteristics of the historic properties. However, according to the historic resources report, the proposed action could have indirect impacts on the physical properties of Scotia’s historic and cultural resources. Intangible assets, such as ways in which people live, work, play, relate to one another, organize to meet their needs and generally cope as members of the social order of Scotia, could be affected indirectly as well.

The survival of Scotia as a historic and cultural setting could be threatened without the paternal support and maintenance of PALCO or others interested in the town’s atmosphere and unique

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Once residential lots are sold, Scotia will no longer be a company town in the technical sense. The proper stewardship and commitment to preserve Scotia’s cultural resources will depend on the individual property owners, not the company. Furthermore, changes in the types of commercial and industrial uses could radically disrupt the town’s ambiance and setting.

Historic District Status

The historic resources report prepared for this project determined that the Town as a whole is historically significant and meets the criteria for eligibility as a designated historic district.

Alterations to existing historically significant (contributing) structures including historically significant streetscape elements could result in an adverse change in eligibility for historic district status. Similarly, incompatible alterations of existing non-contributing structures or new construction could compromise the integrity of the historic character of the town. Implementation of the proposed mitigation measures would decrease the potential adverse impact to Scotia’s historic district status to a less-than-significant level.

Existing Historically Significant Structures

The historic resources report (Appendix C) has identified structures and other elements of the built environment that meet the criteria for historic significance. These structures and elements are generally referred to as “contributing” resources to the overall historic significance of the Town of Scotia and its eligibility for historic district status.

Construction for repairs, remodels, or additions to existing historically significant structures including historically significant streetscape elements could result in an adverse change in historic significance.

Implementation of the proposed mitigation measures would decrease the potential adverse impact to Scotia’s existing historically significant structures to a less-than-significant level.

Existing Non-historically Significant Structures and New Construction

The historic resources report (Appendix C) also identified structures and other elements of the built environment that do not meet the criteria for historic significance. These structures and elements are generally referred to as “non-contributing” resources. However, alterations and repairs to “non-contributing resources and new construction could result in an adverse change in historic significance.

Implementation of the proposed mitigation measures would decrease the potential adverse impact to Scotia’s existing historically significant structures to a less-than-significant level.

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Utility Upgrades

The proposed repairs to the existing Scotia WWTF incorporate upgrades to minimize the risk of the facility’s location within the 100-year floodplain, provide redundancy for major treatment processes, and increase the secondary treatment capacity. The Scotia WWTF is not a historically significant structure. These improvements are not expected to result in adverse change to an historic resource.

Relocation of selected wastewater collection and water distribution lines to public rights-of- way (roads) would involve trenching within the roadway and repaving of roadway surfaces. This activity would also include some curb replacement and repair of a retaining wall. Some change out of power poles and streetlights may occur as electrical service becomes the responsibility of PG&E. Additionally, ongoing maintenance of roadway surface and future utility upgrades may be required over time. There have been improvements and repairs of the infrastructure since the period of significance (1950s). No buildings are proposed for demolition, relocation, or alteration because of infrastructure improvements. These actions are a part of a living, working community that must maintain its infrastructure (as opposed to a static museum) and would not result in significant impacts to the integrity of the historic “streetscape” and the town’s eligibility as an historic district.

The Department of Public Works’ recommendations for street improvements (see discussion in Section “2.1.1 Roads”) are in conflict with preserving the historic character of Scotia. This Program EIR has found nothing in California law or County ordinances that obligates the County to condition formation of the Scotia CSD or requires the CSD to bring Scotia’s streets up to 21st century subdivision requirements, particularly where doing so will severely impact Scotia’s historic integrity.

Scotia’s history begins in 1896 and continues today as the last company-owned town of its kind in California. Its layout reflects the ideal vision of a model company town designed many years before the popularization of the automobile. It is a “walkable” community due to its compact neighborhoods within walking distance to employment centers, retail stores in the shopping center, post office, park and recreation areas, local churches, and the elementary school. Scotia has been modernized only to the extent necessary to allow automobiles and trucks to traverse its streets. Scotia’s walkability and its existing sidewalks are character-defining features that are critical to maintaining its reputation as a company town.

A comprehensive body of law, both federal and state, recognizes the need to identify and preserve unique facets of our cultural history. California’s Historic Building Code endorses the need to find and adopt reasonable alternatives for situations where strict compliance with established standards would negatively affect an historic resource’s historic appearance. Such is the case with Scotia. Rather than graft modern infrastructure standards onto Scotia, which would severely impact its historic features, the County should recommend reasonable alternatives that comply with the law and allow Scotia to protect its unique history.

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The County Department of Public Works also recommended that Scotia’s sidewalks be brought into compliance with the ADA. This Program EIR has determined that if the ADA requires any changes in the streetscape in the near- to mid-term, it will require at most only modest changes. This finding is based on the following understanding of what the ADA requires regarding existing streetscapes.

The ADA’s essential requirement is simple: to prohibit discrimination based on disability. What this means in the context of Scotia and the CSD is that public services, like sidewalks, must be readily accessible to individuals with disabilities (28 CFR § 35.150(a)). “Ready access” is not defined by the ADA or by the Department of Justice’s regulations, and indeed there are no specific accessibility standards or guidelines that existing sidewalks are required to meet. Instead, the ADA explicitly grants public entities broad discretion in meeting the requirement of ready access and the extent of any changes they determine to be necessary. When determining what changes are necessary, the existing sidewalk system must be viewed as a whole (28 CFR § 35.150(a), (b)).

Turning to the specifics of Scotia, it is clear that “ready access” is already being met. Existing curb ramps are in place and the County, subject to the ADA, currently maintains Scotia’s Main Street. If minimum changes are required to meet ready access, the Scotia CSD may be required to install some curb ramps. But there is no ADA requirement that existing sidewalks must be modernized with 4-foot widths and curb ramps at all intersections, as the County recommends.

Moreover, the requirement to provide ready access to Scotia’s existing sidewalks may be limited by the ADA’s undue financial and administrative burden exception (23 CFR § 35.150(a)(3)). The exception excuses the Scotia CSD from the ready access requirement if, after considering all of the resources available for use in funding and operating the existing sidewalks, the CSD determines that compliance would result in an undue financial and administrative burden. Because Scotia is a working-class community of only 800 citizens, it is likely that limited resources will be available to the CSD to manage public services, bringing the undue burden exception into play—with the result that no modernization of the Scotia streetscape will be required.

Some upgrading and relocation of utilities will be required, which in turn will require repaving some streets. Repaving would constitute an alteration to existing facilities, which under the ADA triggers different ADA requirements, namely curb ramps at some street intersections (28 CFR § 35.151(e)). However, curb ramps are not required at every intersection where a street is repaved. Instead, if a street is repaved, curb ramps must be installed only where there are pre-existing curbs or other barriers that prevent access from a sidewalk or path. There is no requirement to construct new sidewalks where none previously existed.

Level of Impact: Less than Significant with Mitigation Incorporated

Mitigation Measure 2.5.1: To mitigate potential impacts to historical resources, the following mitigation measures should be applied:

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6. Make appropriate recommendations on the general subject of preservation to the Planning Commission, Board of Supervisors, other public and private agencies and bodies, and the general public.

Implementation of this measure will reduce any potentially significant impact on historic resources including historic district eligibility to a less than significant level.

Implementation of this measure will reduce any potentially significant impact on commercial or industrial historic structures within the “Q” zone area to a less than significant level.

Mitigation Measure 2.5.1c: The application of the “P” combining zone allows for “applied development standards” and brings the project in compliance with the Humboldt County zoning code.

Implementation of this measure will reduce any potentially significant impacts on residential property historic resources including historic district eligibility that might result from application of the typical zoning development standards where these might be in conflict with the existing streetscape development standards (such as setbacks, lot size and lot coverage) that may be historic character-defining attributes. Such impacts would be reduced to a less than significant level.

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Implementation of this measure will reduce any potentially significant impact on historic resources including historic district eligibility to a less than significant level.

Significance After Mitigation

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(See CEQA Guidelines, § 15358(b)). While the County Board of Supervisors may wish to take particular note of it, no CEQA statement of overriding considerations is required respecting the change.

Impact 2.5.2: Substantial Adverse Change in the Significance of an Archaeological Resource

The NCIC records search found no recorded information regarding cultural resources within the Town of Scotia or the recorded evidence of human remains, including those interred outside of formal cemeteries. There remains the possibility that unrecorded resources exist. The formation of a CSD and subdivision of the Town of Scotia would not directly result in any ground disturbance that could disturb archeological remains. However, development of five vacant parcels that would be created by the proposed subdivision and trenching necessary to relocate or upgrade utility systems could possibly expose or unearth unknown archeological sites.

Level of Impact: Less Than Significant With Mitigation Incorporated

Although no archaeological resources are known to exist within the Town of Scotia or in the vicinity, it is possible that such resources do exist. These resources could be associated with the habitation or use by Native Americans on the site. Construction-related earth moving activities involving development of currently vacant lots or trenching necessary to relocate or upgrade utility systems could disrupt or destroy any of these previously undiscovered subsurface resources. To mitigate potential impacts to archeological resources the following mitigation measure is recommended.

Mitigation Measures 2.5.2: In the event any archaeological subsurface resources are discovered during construction-related activities, all work within 100 feet of the resources shall be halted and the project applicant shall consult with a qualified archaeologist to assess the significant of the find. If any find is determined to be significant, then representatives of the project applicant, Humboldt County, and a qualified archaeologist would meet to determine the appropriate course of action, which would include coordination with the Native American Heritage Commission. If the discovery includes human remains, the County coroner and the Native American Heritage Commission would be contacted to determine if the human remains are of Native American origin.

Impact 2.5.3: Destroy A Unique Paleontological Resource or Site or Unique Geologic Feature

Scotia Bluffs, down river and across the river from Rio Dell, is a unique geologic feature. Scotia Bluffs is outside the boundary of the proposed CSD. None of the parcels that would be created by the subdivision of the Town of Scotia are within the vicinity of Scotia Bluffs. No unique geologic features occur and there are no known findings of paleontological resources within the Town of Scotia.

Level of Impact: No Impact.

Mitigation Measures: None necessary.

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2.6 Aesthetics

2.6.1 Environmental Setting

Scotia is located in a portion of Humboldt County with high quality aesthetic value due to many natural, and community resources. Scotia is located in a river valley, and vistas from the town are of the surrounding forested hillsides above the Eel River. The nearby Scotia Bluffs are also visible from the town. In addition, Scotia sits at a transition point where the Eel River Valley’s redwood covered slopes open up to a broad flat section of riverbank/floodplain. These sweeping vistas contribute to Scotia’s aesthetic setting.

Hills and redwood forests surround the lower and higher elevations around the town. Along the eastern boundary, trees provide a visual buffer from the adjacent Highway 101. Within the town, views include residences, the school, the church, and natural landscape elements. Distinctive architecture in portions of the city’s older neighborhoods also contributes to a high aesthetic value.

The Eel River is a federal and state designated Wild and Scenic River (see Figure 2-2). Under both federal and state designation, the section of river from the confluence with Outlet Creek to the mouth at the Pacific Ocean is classified as “recreational.” Recreational areas are rivers or sections of rivers readily accessible by road or railroad, may have some shoreline development, and may have undergone some impoundment or diversion in the past (Wild and Scenic Rivers Act, 16 United States Code [USC] §§ 1271-1287, October 2, 1968, as amended 1972, 1974-1976, 1978-1980, 1984, 1986-1994 and 1996).

According to the California Scenic Highway Mapping System, In Humboldt County, “…there are eligible state scenic highways, [but] there are none officially designated at this time” (http: //www.dot.ca.gov/ hq/LandArch/ scenic_highways/index.htm) (see Figure 2-3).

While not officially designated as a scenic highway, State Highway 101, which parallels the eastside of the town traverses a highly scenic corridor.

2.6.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) contains the following aesthetics policies relevant to the proposed project.

Section 3541 of the Framework Plan: Section 3541 of the Framework Plan describes policies that related to Scenic Highways: 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.

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc 2-40 Note: All features are approximately located and to be used for illustration purposes only. No scale Information provided by Pacific Lumber Company. Pacific Lumber Company Wild and Scenic Draft Program Environmental Impact Report Town of Scotia, California SHN 005161.106 December 2007annexbndy.mxd Figure 2-2

Note: All features are approximately located and to be used for illustration purposes only. Information provided by Pacific Lumber Company. No scale Pacific Lumber Company State Scenic Highway Designations Draft Program Environmental Impact Report for Humboldt County Town of Scotia, California SHN 005161.106

December 2007hwy.mxd Figure 2-3

Administrative Draft Program Environmental Impact Report Chapter 2 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Community Environment Town of Scotia, January 2008

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.

2.6.3 Impact Evaluation Criteria

For evaluating the potential impacts related to aesthetics, an impact would be considered significant if it meets any of the following criteria: · create substantial adverse effects on a scenic vista or view shed; · create substantial damage to scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway; · create new sources of substantial light or glare that would adversely affect day or nighttime views in the area; or · substantially degrade the existing visual character or quality of the site and its surroundings.

2.6.4 Impacts and Mitigation

This section of the EIR addresses potential impacts associated with aesthetics.

Impact 2.6.1: Create Substantial Adverse Effects on a Scenic Vista or View Shed

The CSD and subdivision would not change the character or purpose of the historic Town of Scotia or directly alter any characteristics of the historic buildings or properties. The “D” combining zone would control, safeguard, preserve, and enhance areas of historical, scenic, civic, or cultural values of the County. No substantial adverse effects on a scenic vista or viewshed are expected to occur.

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Level of Impact: No impact. Mitigation Measures: None necessary.

Impact 2.6.2: Create Substantial Damage To Scenic Resources and Historic Buildings Within A State Scenic Highway

Highway 101 is not officially designated as a State Scenic Highway. Level of Impact: No impact. Mitigation Measures: None necessary.

Impact 2.6.3: Create New Sources of Substantial Light or Glare That Would Adversely Affect Day or Nighttime Views in the Area

The CSD and subdivision would not change the character or purpose of the historic Town of Scotia or directly alter any characteristics of the historic buildings or properties. No new sources of substantial light or glare affecting day or nighttime views are expected. Level of Impact: No impact. Mitigation Measures: None necessary.

2.7 Transportation and Traffic

2.7.1 Environmental Setting

Scotia Roadways and Streets. Scotia has a network of arterial and collector streets, which provide service to the various neighborhoods. This road system was constructed by PALCO and the State of California (Main Street, formerly U.S. Route 101). Humboldt County currently owns Main Street, and PALCO owns the remaining streets and alleys. Many of the roads were accepted into the County-maintained road system and are maintained by the Humboldt County Public Work Department. In addition to the road system, there are a number of alleys that are used as common access to garages. There are also several privately maintained roads. The County of Humboldt is responsible for maintaining the following streets in the community of Scotia: Main Street, B Street, Bridge Street, Church Street, Eddy Street, Mill Street, North Court, north Court B, Williams Street, Mill Lane, 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street, and 6th Street. PALCO conducts some street maintenance (see Figure 2-4).

A traffic study involved an analysis of the existing conditions and the effect the proposed CSD and subdivision would have on traffic patterns and volumes (SHN, July 2005b) (See Appendix E). The traffic analysis assumed that no new uses or structures would be proposed as a result of the formulation of a CSD and subdivision.

The proposed rezone and subdivision of the Town of Scotia would not have an adverse affect on traffic flow. The current traffic count data and the traffic count data from Caltrans and the Humboldt County Public Works Department attest to the fact that there has been no significant change in traffic flow from 1973 to present. If the subdivision were to incorporate a new population

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc 2-42 Note: All features are approximately located and to be used for illustration purposes only. Information provided by Pacific Lumber Company. No scale Pacific Lumber Company Scotia Circulation Draft Program Environmental Impact Report Town of Scotia, California SHN 005161.106

December 2007circulation.mxd Figure 2-4

Administrative Draft Program Environmental Impact Report Chapter 2 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Community Environment Town of Scotia, January 2008 of people who were employed outside the town limits of Scotia, an observable increase in traffic may occur during a.m. and p.m. peak hours at Junction 283 intersection to Highway 101. However, this slight increase would not significantly affect traffic flows in the area (SHN, July 2005b).

The average control delay of less than 10 seconds correlates with Level of Service (LOS) “A.”

Many of the streets are unnamed. The County maintains the following streets in the community of Scotia: B Street, Bridge Street, Church Street, Eddy Street, Mill Street, North Court, Williams Street, 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street, and 6th Street. The streets appear to be in good condition, and residential streets have sidewalks on one side only. There are approximately four marked crosswalks centered on the marketplace. Public Transit. Scotia is serviced by the Redwood Transit System, which operates a fixed route service along the US 101 corridor from Trinidad in the north to Scotia in the south.

Airports. Scotia is located more than 3 miles southwest of Rohnerville Airport and is not within the Airport Analysis and Safety Zone for the airport.

2.7.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) contains the following transportation and traffic issues land use policies relevant to the proposed project.

Section 4200 of Framework Plan: 1. Humboldt County supports improvements and maintenance of public access roads to natural resource areas designated for timber production, agriculture, and mining. 2. Significant increases in traffic volumes and turning movements on and off a major expressway/freeway at high volume at grade intersections should be discouraged. 3. Humboldt County recognizes that the era of abundant and inexpensive energy has ended. Energy considerations must become a critical element in all policy decisions involving the selection and use of transportation systems. 4. The County Planning Commission shall review all proposed abandonments of maintenance on County roads for conformance with the County General Plan before they are approved. 5. Encourage the development of a road system that supports an orderly pattern of land use through: a. using minor collector roads to provide access to higher density residential areas, local commercial facilities, neighborhood parks, and schools; b. locating lower density residential areas with frontage onto arterial or major collector roads away from through-traffic unless sufficient mitigation measures are used; c. locating retail, service, and industrial facilities, community centers; d. major recreational facilities, employment centers; e. intensive land uses near major collector or arterial roads; and

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f. improving roads to accommodate land uses served by an inappropriate road classification.

2.7.3 Impact Evaluation Criteria

For evaluating the potential impacts related to hazards and hazardous materials, an impact would be considered significant if it meets any of the following criteria: · cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections); · exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways; · result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks; · substantially increase hazards due to a design feature e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment); · result in inadequate emergency access; or · result in inadequate parking capacity.

2.7.4 Impacts and Mitigation

This section of the EIR addresses potential impacts associated with transportation and traffic.

Impact 2.7.1: Cause An Increase In Traffic That Is Substantial

The proposed CSD and subdivision of the Town of Scotia would not have an adverse affect on traffic flow. The current traffic count data and the traffic count data from Caltrans and the Humboldt County Public Works Department attest to the fact that there has been no significant change in traffic flow from 1973 to present. If the subdivision were to incorporate a new population of people who were employed outside the town limits of Scotia, an observable increase in traffic may occur during a.m. and p.m. peak hours at Junction 283 intersection to Highway 101. However, this slight increase would not significantly affect traffic flows in the area (SHN, July 2005b).

The CSD and subdivision would not change the type or intensity of land uses, resulting in an increase in population or any change in land uses that could result in a substantial increase in traffic that could exceed the capacity of the local street system.

Minor increases in trip generation may be associated with the development of approximately three vacant residential and two vacant commercial parcels which would be created by the proposed subdivision. These increases in traffic would be less than significant. Level of Impact: Less than significant. Mitigation Measures: None necessary.

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Impact 2.7.2: Exceed A Level of Service Standard

The traffic study determined that existing LOS “A” levels would not change as a result of the CSD and subdivision. The CSD and subdivision would not change the type or intensity of land uses, result in an increase in population or an change in land uses that could result in a substantial increase in traffic that could exceed, either individually or cumulatively, a level of service standard (SHN, July 2005b).

Minor increases in trip generation associated with the development of approximately three vacant residential and two vacant commercial parcels which would be created by the proposed subdivision would not affect LOS.

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 2.7.3: Result In A Change In Air Traffic Patterns

The Town of Scotia is located more than 3 miles southwest of the Rohnerville Airport. The town is not located within the Airport Analysis and Safety Analysis Zones.

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 2.7.4: Substantially Increase Hazards Due To A Design Feature

The CSD and subdivision would not result in any changes to design features or incompatible land uses affecting local roadways. The traffic study determined that the streets appear to be in good condition (SHN, July 2005b).

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 2.7.5: Result In Inadequate Emergency Access

The CSD and subdivision would not result in any traffic increases, LOS, roadway geometry (design features), or incompatible land uses affecting emergency access.

Level of Impact: No impact.

Mitigation Measures: None necessary.

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Impact 2.7.6: Result In Inadequate Parking Capacity

The CSD and subdivision would not result in any changes to existing parking or create demand for parking beyond existing parking capacities in the Town of Scotia. The total number of existing on- street parking space available in residential area is approximately 814. Approximately 270 off- street parking spaces are available. The total number of parking available to non-residential lots is 369. Building areas have not been calculated to determine the existing spaces required per County off street parking standards. According to County zoning code section 314-109.1.2.5, no additional parking should be required for parking that is not in compliance with current parking standards (Kelly O’Hern Associates, February 2006). However, if the recordation of the final map determines that parking capacity is inadequate, easements could be applied on individual garages in favor of specific residences along with the application of the “Q” combining zone to parcels containing residential garage structures. Newly created residential and commercial lots would be required to meet off-street parking requirements of the underlying zone.

Level of Impact: No impact.

Mitigation Measures: None necessary.

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Chapter 3 Natural Environment

The natural environment chapter assesses impacts of the proposed CSD and subdivision for the Town of Scotia. Issues evaluated in this Chapter include the following: 3.1 Soils and Geologic Resources 3.5 Energy and Mineral Resources 3.2 Hydrology and Water Resources 3.6 Noise 3.3 Air Resources 3.7 Biological Resources 3.4 Hazards and Hazardous Materials 3.8 Agricultural Resources

3.1 Soils and Geologic Resources

3.1.1 Environmental Setting

Information presented in this section is derived from the SHN Geologic Hazard Evaluation Report prepared for the Town of Scotia in January 2006 (see Appendix F). The geologic materials underlying the Town of Scotia consist of both alluvial materials derived from the Eel River, as well as terrestrial colluvial deposits derived from the slope east of the town. Colluvial deposits derived from the hillslope east of town appear to consist of predominantly clayey soils with generally stiff consistency.

The surficial alluvial and colluvial deposits form a thick veneer over the regional bedrock units, in this case, the basal units of the Wildcat Group and the subjacent Yager terrain, which is part of the Franciscan Complex. The Franciscan Complex is a regional bedrock unit that is composed of three broad, northwest-trending belts: the Eastern, Central, and Coastal belts. These belts become progressively older, more deformed, and develop a higher grade of metamorphism to the east.

Scotia is underlain by undifferentiated non-marine terrace deposits of the Holocene (8,000 years ago to the present) and Pleistocene (1.8 million to 8,000 years ago) epochs. This material is dissected and/or uplifted gravel, sand, silt, and clay deposited by the Eel River. The slopes surrounding the main terrace are marine and non-marine overlap deposits from the late Pleistocene to middle Miocene (23.8 to 5.3 million years ago).

The bank of the Eel River within Scotia is located within the 100- and 500-year flood plains, and includes alluvial deposits of clay, silt, sand, and gravel. There are no active faults identified within Scotia; however, nearby fault zones pose a potential seismic hazard as shown on (see Figure 3-1). Landslides and ground shaking from a major seismic event could cause damage within Scotia. Disturbances to steep slopes with highly erodable soils can lead to ground slippage or landslides.

Ground Shaking and Stability. Scotia is located in an active seismic area. The geology of the area plays an important role in determining the suitability of sites for construction of buildings and infrastructure. In 1992, Scotia experienced three earthquakes of magnitude 6.7, 6.8, and 7.2 (Richter Magnitude), causing serious damage to infrastructure and non-reinforced masonry and wood buildings, and setting a shopping center ablaze. No faults have been mapped in Scotia; however,

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the Russ Fault exists two miles southwest of Scotia. In addition, to the west of Scotia lies the Mendocino Triple Junction, which experiences the highest concentration of earthquake events in the continental United States. There are no Alquist-Priolo Earthquake Fault Zones within three miles of Scotia.

The Russ fault, which is generally considered to be inactive, passes through the area just south of Scotia. The Russ fault is not zoned as an active structure by the State of California under the Alquist-Priolo Earthquake Fault Zone Act, which requires that a feature must demonstrate activity within the past 11,000 years or be “sufficiently active and well-defined.” The Russ fault is poorly defined, and appears to represent a bedrock contact; clear geomorphic evidence of recent movement has not been identified.

As is common in Humboldt County, Scotia is subject to strong ground shaking from a variety of active seismic sources.

Faults are found throughout the region and remain a factor to be considered in future development. Structures too close to a fault can be damaged during a seismic event. These events can also affect public services and utilities, damage bridges and roadways, limit emergency response, and endanger persons and property. The scientific understanding and assessment of seismic hazards in the region continues to evolve. Increased awareness of potential seismic impacts has led to increased seismic safety standards in building and development codes and greater public awareness of risks.

Landslides. Mass movement of material on hillsides often accompanies moderate and strong earthquakes. This may occur in the form of landslides, rock avalanches, mud and debris flows, or other types of slope failure. The steep natural or artificial slopes and high water content that is present in portions of Scotia may favor such failures. The majority of land within Scotia is categorized as stable. Liquefaction resulting from earthquakes is not considered as great a risk in the lower slope areas.

Although Scotia occupies a river terrace, the location is adjacent to a high hillslope east of town that suggests a potential for landslides. Landslide-related damage in Scotia, however, would require a massive slide that would overtop Highway 101 and continue onto low gradient developed areas. There is no geomorphic evidence on the hillslope adjacent to Scotia to suggest that such events have occurred in the past. Further, the regional dip of bedding (toward the north) dips into the hillslope, thus precluding the potential for large bedding plane failures.

3.1.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) contains the following soils and geologic resources relevant to the proposed project.

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc 3-2 McKinleyville

Mad River Fault Zone Gorda Plate Eureka

Little Salmon Fault Zone North American Plate

Scotia

Approximate Site Location

Mendocino Fracture Zone Cooksie Pacific Plate Shear Zone

Shelter Cove

Modified from: USGS California - Nevada Active Fault Map from http://quake.wr.usgs.gov/info/faultmaps; San Andreas Fault location taken from Prentice et al., 1999.

No scale

Pacific Lumber Company Tectonic Setting Draft Program Environmental Impact Report Town of Scotia, California SHN 005161.106 December 2007faultmap-EIR.mxd Figure 3-1

Draft Program Environmental Impact Report Chapter 3 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Natural Environment Town of Scotia, January 2008

Section 3291: A. Provide for the identification and evaluation of existing structural hazards. B. Provide for more detailed scientific analysis of natural hazards in the County. This should be expanded to include the portion of General Policy A (of the Hazard section of Framework Plan, 2005) that states: Potentially hazardous areas include, but are not limited to, steep slopes, unstable soils areas, on active earthquake fault lines, in extreme wildland fire areas, in airport flight path zones, and in flood plains and tsunami runup areas. C. Provide for implementation and periodic review of the Seismic Safety and Public Safety Element.

Section 10 of the General Plan Update Natural Resources and Hazards Report identifies three policies related to soils and geology: Policy Option 10.1. Continue to require an independent registered engineering geologist to review reports submitted by applicants if exceptions to standards are requested. This type of peer review is used in many jurisdictions where there is substantial seismic risk and geologic hazards require substantial engineering. Policy Option 10.2. Require formation of geologic hazards abatement districts in higher risk areas to allow for cooperative funding of engineering solutions that benefit multiple property owners and to reduce the County’s liability for high maintenance costs for public infrastructure and areas of public benefit. This policy could be worded more generally to require financial protection for the County and individuals as a condition of development approval in areas of higher geologic risk. Policy Option 10.3. Require geologic reports for all subdivisions with proposed building sites on slopes over 15 percent.

3.1.3 Impact Evaluation Criteria

For evaluating the potential impacts resulting from area geology, an impact would be considered significant if it meets any of the following criteria: · Expose people or structures to potential adverse effects, including the risk of loss, injury, or death involving: 1) rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; 2) strong seismic ground shaking; 3) seismic-related ground failure, including liquefaction; or 4) landslides. · Result in substantial soil erosion. · Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the plan, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse.

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· Be located on expansive soil, creating substantial risks to life or property. · Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater.

3.1.4 Impacts and Mitigation

Impacts associated with seismic events, landslides, soil instability and erosion are addressed in this section.

Impact 3.1.1: Impacts Due to a Seismic Event

The proposed CSD and subdivision would not expose people or structures to potential adverse geologic impacts beyond those already present under existing conditions. Geologic hazards that have the potential to affect Scotia include: surface fault rupture, strong seismic shaking, landslides, and liquefaction and other secondary seismic effects (for example, lateral spreading) (SHN, January 2006).

Based on the absence of known active faults, or perceptible geomorphic expression of an active fault, it is concluded that the surface fault rupture hazard for Scotia is less than significant. As is common in Humboldt County, the Scotia area is subject to strong ground shaking from a variety of active seismic sources.

Because Scotia is located partly on young, unconsolidated Eel River alluvium, there is a potential liquefaction hazard that may occur during strong earthquakes. The adverse effects of liquefaction include: local and regional ground settlement; ground cracking; and expulsion of water and sand; the partial or complete loss of bearing and confining forces used to support loads; amplification of seismic shaking; and lateral spreading. The liquefaction potential for Scotia was evaluated in the log pond stability study (SHN, August 2000) using subsurface borings and industry standard liquefaction evaluation methods. Because the proposed CSD and subdivision of Scotia would not expose additional people or structures to potential adverse effects associated with liquefaction, it is concluded to be a less than significant hazard (SHN, January 2006).

Level of Impact: Less than significant with mitigation incorporated

Mitigation Measures: To mitigate potential impacts to exposure to a seismic event, the following mitigation measures should be applied:

Mitigation Measure 3.1.1: The subdivision would create an additional 3 residential lots and 2 commercial lots that would likely be developed. Construction of foundations and structures for new development would require a building permit and be subject to the Uniform Building Code (UBC) for seismic zone 4. Plans and specifications for new construction would be reviewed by the County Building Division. The County could require additional geologic studies from the applicant before applying for a building permit. Conformance with the UBC and other conditions of approval that may accompany the building permit would reduce the hazard of strong ground shaking to less than significant.

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Impact 3.1.2: Potential Landslides, Soil Instability, and Soil Erosion

There is no information indicating that the mills, or commercial or residential structures in Scotia have been negatively impacted historically by unstable, weak, or expansive soils. The proposed CSD and subdivision would not involve loss of topsoil or erosion. The landslide hazard in Scotia is considered to be less than significant. The proposed subdivision and sale of lots in Scotia would not have an effect on soil stability, erosion, or landslides. The proposed CSD does not include actions that would affect soil stability (SHN, January 2006).

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 3.1.3: Soils Incapable of Adequately Supporting The Use of Septic Tanks

The Town of Scotia is served by a municipal wastewater collection and treatment system. Formation of a CSD and subdivision would not result in septic tanks or alternative forms of wastewater disposal systems.

Level of Impact: No impact.

Mitigation Measures: None necessary.

3.2 Hydrology and Water Resources

3.2.1 Environmental Setting

Moderate temperatures and seasonal precipitation characterize the climate in Scotia. Temperatures vary little during the year due to the effects of the prevailing onshore winds from the Pacific Ocean. The average temperature in Scotia ranges from 47 degrees Fahrenheit in January to 65 degrees Fahrenheit in July. The majority of precipitation occurs in Scotia during the five-month winter and spring period between January and May, and the mean annual precipitation is 48.85 inches, (Western Regional Climate Center).

Portions of Scotia are located within 100- and 500-year Federal Emergency Management Agency (FEMA) mapped floodplains and there has been flooding and flood related damage from recent flood events. Portions of three small watersheds, which all drain into the Eel River Watershed, are located within the Scotia Plan Area. The Eel River is the primary domestic water supply for the Town of Scotia.

Floodplains. Based on review of the July 1982 Flood Insurance Rate Map (FIRM) for Scotia (FEMA, 1982), there are several locations in Scotia that are within a 100-year flood hazard area. The existing Wastewater Treatment Facility (WWTF) and the associated treatment ponds and percolation pond are all located within Flood Zone A30 (see Figure 3-2, Hydrological Resources and Flood Hazards). Areas west of Railroad Avenue, the soccer field, Fireman’s Park, Carpenter’s Field and the chip

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plant are all located in Flood Zone A30. The new sawmill and planer building are located primarily in Flood Zone A30, and also Flood Zone B. The Zone B designation also extends parallel to a number of homes along Railroad Avenue (SHN, September 2007).

Numerous large floods have occurred in Scotia as a result of intense winter storms and upslope land disturbances. The highest recorded Eel River discharge at the Scotia gage is 752,000 cubic feet per second (cfs), which occurred in December 23, 1964, and had an estimated recurrence interval of 290 years. A berm (designed by LACO Associates) is now located at the hardwood deck area to contain future floodwaters. The berm was designed using large riprap on the face and in a keyway that was grouted with concrete into the substrate. The berm is located in the lumber and log deck areas of the mill operations.

Watersheds. The Eel River Watershed, at 3,684 square miles, is the third largest in the State of California. In Scotia, the Eel River flows at an average of 200 cfs. PALCO has entitlements and sufficient water resources to provide adequate supply for the Town of Scotia and PALCO for both drinking water and fire supply (7.1 cubic feet per second which is approximately 5 MGD), and new or expanded facilities should not be needed.

Surface Water and Groundwater. The Town of Scotia currently relies on the Eel River as a resource for domestic and fire supply water. Potable and fire suppression water is obtained from the Eel River through two, 12-inch perforated pipes located in the gravel beneath the riverbed. The water is pumped from the river upslope into the fire suppression tanks, and into a separate aboveground storage tank for subsequent treatment prior to being routed to the potable water system. Currently, PALCO operates the water supply system that serves the mill, cogeneration plant, and the town. The current water supply system is considered adequate to fulfill the demand on the system without necessary upgrading and the proposed CSD and subdivision would not cause or create a substantial increase in the existing water demand for the Town of Scotia.

Wastewater and Stormwater. PALCO operates Scotia’s wastewater system. The wastewater treatment plant is located west of the main industrial area, north of the soccer field and lies within the 100-year flood plain. The Scotia WWTF was constructed in 1954 and consists of: the treatment headworks; a primary clarifier; a redwood slat trickling filter; a secondary clarifier; a sludge digester; a chlorine contact basin; a series of three treatment ponds; and a final summer percolation discharge pond (summer) or permitted Eel River discharge (fall, winter, spring). The treatment plant process has an estimated existing hydraulic capacity of approximately 1.0 million gallons per day (MGD).

During the fall, winter, and spring high-flows discharge season, treated effluent from the treatment pond discharges directly into the Eel River. During the summer months, when river flows are low and discharge to the Eel River is prohibited, percolation ponds are used for disposal. The ponds are temporary constructions, used only in the summer (May - October), to percolate treated wastewater from the WWTF. The Army Corps of Engineers permit and 401 Water Quality Certification allow for the construction of the temporary percolation ponds each summer, but require that the berms for the ponds be removed each October, prior to high river flows.

G:\2005\005161_ScotiaMasterPlan\106_PEIR\rpt\Draft PEIR\Pub-Rev-DraftPEIR-rpt.doc 3-6 Note: All features are approximately located and to be used for illustration purposes only. No scale Information provided by Pacific Lumber Company. ³ Pacific Lumber Company Hydrological Resources Draft Program Environmental Impact Report and Flood Hazards Town of Scotia, California SHN 005161.106

December 2007 flood-haz.mxd Figure 3-2

Draft Program Environmental Impact Report Chapter 3 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Natural Environment Town of Scotia, January 2008

Wastewater discharges from the PALCO Scotia Mill and Town of Scotia are currently covered under Waste Discharge Requirements Order No. 2006-0020, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0006017. These new existing waste discharge requirements are generally associated with wastewater discharges from the industrial operations at the Scotia Mill and the existing WWTF, and do not cover stormwater discharges from the PALCO Scotia Mill operations or the Town of Scotia.

During the 2006 NPDES permit renewal process for the PALCO Scotia Mill and Town of Scotia, it was determined that industrial stormwater discharges from the Scotia Mill operations would best be regulated under the General Industrial Permit for Stormwater Discharges associated with Industrial activity (WQ Order No. 97-03-DWQ). A notice of intent to comply with the Industrial Storm Water Permit was submitted to the SWRCB on March 23, 2005, for coverage starting during the 2005-2006 stormwater monitoring season. After CSD formation, PALCO would continue to maintain industrial permits for current industrial operations.

Throughout the Town of Scotia, there is some commingling of residential and industrial stormwater discharges. However, during the NPDES permit renewal process, it was determined that stormwater discharges from the Town of Scotia were not required to be covered under an NPDES permit because the Town of Scotia is not currently designated as a regulated Small Municipal Separate Storm Sewer System (MS4) by the State Water Resource Control Board (SWRCB) or the California Regional Water Quality Control Board, North Coast Region (RWQCB). The Town of Scotia was not listed on Attachment 2 of the General Municipal Permit, nor was it designated by the RWQCB or SWRCB after adoption of the General Permit, consequently the Phase II regulations of the Municipal Storm Water Permitting Program do not currently apply.

Currently, the two regulated point source pollutions in Scotia are the cogeneration plant and the WWTF, which are regulated by the same permit. If PALCO retains ownership of the WWTF, there would be no change to existing permits. If the CSD assumes responsibility for ownership and maintenance of the WWTF, it must pursue a new waste discharge permit. PALCO would continue to operate and maintain the cogeneration plant.

Log Pond Embankment. The log pond historically held logs for processing in Mill A. Currently, the pond is used for cooling water for the co-generation plant and storm water detention. A number of residences and industrial facilities occupy land below the log pond embankment. The depth of the log pond is approximately 3.5 feet, over an approximate 25-acre area.

The log pond embankment is subject to annual review by the State of California Department of Water Resources, Division of Safety of Dams (DSOD), as Dam No. 205. The inspection in September 2006 found the pond to be “satisfactory for continued use pending improved vegetation control and with increased vigilance and monitoring to identify potential hazards early.” The Inspection of Dam and Reservoir in Certified Status (2006) concluded that “the visible portions of the upstream and downstream faces, the crest, and the abutment contacts remain in satisfactory condition with no indication of surficial distress or instability.”

In 2000, a geotechnical investigation evaluated subsurface soil conditions at selected locations along the embankment (SHN, August 2000). The geotechnical investigation concluded that there is a low

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risk of water release from the pond due to embankment instability, and under relatively rare, strong, prolonged seismic conditions, there is a moderate risk that deformations in the embankment could occur, primarily in the area in which the pond has been in-filled, with a low risk of water release.

3.2.2 Applicable Plans, Policies, Codes, and Regulations

Humboldt County General Plan policies for hydrology and water resources are listed below.

Section 3291 of Framework Plan: A. The County shall participate in the Federal Flood Insurance Program to regulate land uses in flood hazard areas in order to minimize loss of life and property, and in order to minimize public flood-related expense. B. Agricultural lands that are in flood plain areas shall be retained for use in agriculture.

Section 3361 of Framework Plan: 1. Ensure that land use decisions are consistent with the long-term value of water resources in Humboldt County. 2. Regulate development that would pollute watershed areas. 3. Ensure that the intensity and timing of new development will be consistent with the capacity of water supplies. 4. Existing water uses shall be considered during the review for new water uses. 5. The availability of groundwater should be used as a prime factor in determining the desirable amount of residential development in a particular area in order to protect groundwater resources from depletion or contamination. 6. Projects must provide evidence of water availability prior to recordation of map. 7. Maximize the use of water conservation techniques appropriate for new and existing development. 8. Continue participation in all state, regional or local water resource planning efforts effecting surface run-off or groundwater supplies. 9. Encourage further investigation on the County's water resources by federal and state water resource agencies. 10. Large water export projects will not be approved or supported unless specific requirements and assurances are satisfied. These shall include the 1978 water policy statement policies regarding "Water Export Projects on Humboldt County Streams." (See Standards 5a-1) 11. Support flow release schedules from existing reservoirs that maintain or enhance the fisheries of those rivers. 12. Support the development of fisheries enhancement projects on small Humboldt County streams. 13. Ensure that projects located within state designated wild, scenic or recreational river basins are consistent with the guidelines in the State Wild and Scenic Rivers Act (as amended).

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14. The development of environmentally sound small hydroelectric projects on publicly and privately owned lands in Humboldt County is generally encouraged. The County should only examine small hydroelectric project proposals for impacts not reviewed by other agencies and for overall consistency with the intent of the General Plan.

General Plan Update: Section 1 of the General Plan Update Natural Resources and Hazards Report identifies eight policies related to hydrology and water resources: Option 1.3. Continue to require the use of Best Management Practices (BMPs) for Stormwater Control to minimize pollution from area sources. Option 1.4. Pursue grant funds to rehabilitate impacted watersheds to meet total maximum daily load targets for sediment control and water temperature reductions. Option 1.5. Update the County’s Water Export Policy to strongly encourage the reduction of water exports from Humboldt County and to ensure that water quality, fisheries, and sensitive habitat will not be adversely affected by a new water export project. Include specific standards for habitat and fisheries protection and water quality in an updated policy. Option 1.6. Establish standards got maximum allowable runoff from new development where streams and water quality could be adversely impacted. Option 1.7. Establish flood control and stormwater management standards on a watershed basis, taking account of planned urban development, not just existing uses. Option 1.8. Continue to monitor groundwater withdrawals associated with rural subdivisions. Option 1.9. Eliminate the special provisions for subdivision over 60 acres in size, which exempt them from having to provide information on water availability. Option 1.10. Restrict residential development in resource production areas.

Grading, Erosion Control, Geological Hazards, Streamside Management Areas, and Related Ordinance Revisions: Humboldt County recently adopted a grading, excavation, erosion, and sedimentation control ordinance that sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments and erosion and sedimentation controls. Except as specified in subsection (2) of the ordinance, no person shall do any grading without first having obtained a grading permit from the building official:

Grading operations for which a permit is required shall be subject to inspection by the building official. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer, or the engineering geologist, as applicable, retained to provide such services for engineered grading, and as required by the building official for regular grading. The ordinance requires a site-specific Erosion and Sediment Control Plan (ESCP) be prepared and allows for use of a Preliminary Stormwater Pollution Prevention Plan under certain conditions.

State Water Resources Control Board, Porter-Cologne Water Quality Control Act: The SWRCB has the ultimate authority over State water quality policy under the Porter-Cologne Water Quality Control Act. The act established the formation of nine regional water quality control boards to oversee water quality on a day-to-day basis at the local and regional level. The regional boards

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regulate all pollutant discharges that may affect either surface water or groundwater, including administering the NPDES permits required under the Federal Clean Water Act. In order to develop appropriate water quality criteria for discharges, each regional board is responsible for developing and maintaining a basin plan for their respective area.

The basin plan establishes: · beneficial uses of water designated for each water body to be protected; · water quality standards, known as water quality objectives, for both surface water and groundwater; and · actions necessary to maintain these standards in order to control non-point and point sources of pollution.

NPDES permits issued by the RWQCB must implement basin plan requirements taking into consideration beneficial uses to be protected.

Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, U.S. Army Corps of Engineers (ACOE): Permit authority under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act for fill (including discharge) or structures in wetlands. Under Section 10 of the Rivers and Harbor Act of 1899, the ACOE regulates activities in navigable waters of the United States, up to mean high water, including wetlands. Any activity involving replacement or construction of docks, piers, floating boat slips, shoreline erosion control structures or other structures would require an ACOE permit. Under Section 404 of the Clean Water Act, the ACOE regulates discharges of dredged or fill material into waters of the United States (up to high tide line or the ordinary high water mark), including wetlands, by approval of a ACOE permit.

National Flood Insurance Program, Federal Emergency Management Agency: FEMA is the federal agency charged with regulating and implementing policies related to the National Flood Insurance Program (NFIP) as well as providing guidance, floodplain management and the protection of wetlands. The Floodplain Management and Protection of Wetlands section of the Code of Federal Regulations (44 CFR Section 9.2) states FEMA’s environmental review policy. This policy includes avoiding long- and short-term adverse impacts associated with the occupancy and modification of floodplains, and the destruction and modification of wetlands and other measures to reduce the risk of flood loss and restore and preserve the natural and beneficial values served by floodplains.

Generally, “A revision of floodplain delineations based on fill must demonstrate that any such fill has not resulted in a floodway encroachment” [44 CFR 65.5 (a) (7)]. The State of California model ordinance defines encroachment as “the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.”

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3.2.3 Impact Evaluation Criteria

For evaluating the potential impacts related to hydrology or water resources, an impact would be considered significant if it meets any of the following criteria: · violate any water quality standards or waste discharge requirements; · substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level; · substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on site or off site; · substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of surface water runoff in a manner that would result in flooding on site or off site; · create or contribute runoff that would exceed the capacity of the existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; · otherwise substantially degrade water quality; · is placed within the 100-year floodplain, as mapped on the federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map; · Is placed within the 100-year flood hazard area structures that would impede of redirect flood flows; · expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam; or · is subject to inundation by seiche, tsunami, or mudflow.

3.2.4 Impacts and Mitigation

Impacts associated with water quality, groundwater, drainage patterns, stormwater runoff, and flood hazard are addressed in this section.

Impact 3.2.1: Violate Any Water Quality Standards or Waste Discharge Requirements

The proposed CSD and subdivision would not involve any proposed land use changes from existing conditions and would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems, provide substantial additional sources of polluted runoff, or otherwise substantially degrade water quality.

Wastewater discharges from the PALCO Scotia Mill and Town of Scotia are currently covered under Waste Discharge Requirements Order No. 2006-0020, NPDES Permit No. CA0006017. Both the Scotia mill and town are in compliance with the specified waste discharge requirements and ongoing monitoring is required to ensure continued compliance.

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Level of Impact: No Impact.

Mitigation Measures: None necessary.

Impact 3.2.2: Degrade Groundwater Supplies

The proposed CSD and subdivision would not involve any proposed land use changes from existing conditions and would not create or contribute to degradation or depletion of area groundwater supplies. The subdivision may involve the development of three vacant residential and two vacant commercial parcels. These parcels would not use groundwater as a water source.

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 3.2.3: Alter the Existing Drainage Pattern

The proposed CSD and subdivision would not result in any physical modifications to the existing drainage pattern and does not involve alteration of a stream course or river.

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 3.2.4: Impacts Due To Stormwater Runoff

A minor increase in runoff associated with the development of three vacant residential and two commercial parcels could occur under the proposed subdivision. A Drainage Plan will be submitted along with the Final Map per the County’s subdivision requirements. Any grading associated with site preparation would require a grading permit from the Building Division of the Humboldt County Community Development Services Department. The ordinance requires a site- specific erosion and sediment control plan to obtain a permit. The impact of this increase on the area stormwater drainage system is not expected to exceed the capacity of the existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

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Impact 3.2.5: 100-year Flood Hazard

Although there are existing uses located in flood hazard areas within the Town of Scotia, the proposed CSD and subdivision would not expose people or structures to a significant risk of loss, injury, or death, including flooding as a result of higher river flows, above the existing level of exposure.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.2.6: Failure of Levee or Dam

The Town of Scotia is not located in an area subject to flooding as a result of the failure of an upstream dam or levee. According to the 2006 Dam Inspection Certificate, the embankment containing the log pond is in satisfactory condition. Similarly, a geotechnical investigation of the embankment soil conditions concluded that there is a low risk of water release from the pond due to embankment instability. If an embankment failure were to occur, houses below the dam at the specific failure location would be at risk. Risk in a failure scenario would depend on the flow path of the released water and the rate of release. No detailed study of catastrophic failure of the embankment has been prepared.

The proposed CSD and subdivision would not change the risk level for possible embankment failure.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.2.7: Inundation by Seiche, Tsunami, or Mudflow

The Town of Scotia is outside of any officially designated tsunami run-up zone. According to the geotechnical investigation prepared for the log pond embankment, if a high energy, low frequency component of seismic ground motion were to coincide with the resonant frequency of the water in the log pond, a seiche might occur that could conceivably overtop the embankment, putting the residences below at risk of inundation. Industrial structures in close proximity to the pond may also be at risk of a seiche. No detailed study of catastrophic affects of a seiche overtopping the embankment has been prepared.

The proposed CSD and subdivision would not change the risk level for possible overtopping of the embankment.

Level of Impact: No impact.

Mitigation Measures: None necessary.

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3.3. Air Resources

3.3.1 Environmental Setting

The project site is located within the North Coast Air Basin, which covers Del Norte, Humboldt, Mendocino, and Trinity Counties in their entirety and part of Sonoma County. The North Coast Unified Air Quality Management District (NCUAQMD) regulates air pollutant point sources found within the air basin.

Currently, Humboldt County is a non-attainment area for state standards for particulate matter of less than 10 micrometers in diameter (PM-10). For other point source pollutants, the air basin is an attainment area.

3.3.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) does not have existing policies relating to the air quality.

General Plan Update: Section 9 of the General Plan Update Natural Resources and Hazards Report includes two policy options, one of which is applicable to the proposed CSD and subdivision.

Section 9.4 Air Resources Policies: Option 9.1 would make air quality a planning consideration in site design as follows:

Policy Option 9.1. Establish performance standards for cottage industries and for commercial and industrial uses and buffering standards where these uses abut residential neighborhoods to minimize environmental impacts including air quality.

The following state and regional standards for emissions from stationary, mobile, and area sources would apply:

California Air Resources Board. The California Air Resources Board establishes state ambient air quality standards and vehicle emission standards. The NCUAQMD is the regional agency empowered to regulate air pollution emissions from stationary sources in the northern portion of the North Coast Air Basin. NCUAQMD Rule 130 establishes the thresholds of significance at 100 tons per year for carbon monoxide; 40 tons per day of nitrous oxide, sulfur oxide and volatile organic compounds; and 15 tons per year of PM-10.

Two types of standards regulate air pollution: emission standards and ambient air quality standards. Emission standards are the levels of air pollutants a source is allowed to release into the air, while ambient air quality standards are levels of air pollutants that should not be exceeded in the air of an area such as a city or county. California sets ambient air quality standards for nine pollutants. Pollutants with ambient air quality standards are known as criteria pollutants. Table 3-1 lists the pollutants that have ambient air quality standards set for them and the status of these pollutant levels within the NCUAQMD.

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Table 3-1 North Coast Air Quality Standards and Status for Criteria Pollutants Pollutant Federal State Ozone Attainment Attainment Sulfur Dioxide Attainment Attainment Nitrogen Dioxide Attainment Attainment Particulate PM-10 Attainment Nonattainment Carbon Monoxide Attainment Attainment Sulfates No standard Attainment Lead Attainment Attainment Hydrogen Sulfide No standard Attainment Vinyl Chloride No standard Attainment (Source: California Air Resources Board)

State Standard For Particulate PM-10--North Coast Air Quality Management District. The only standard currently listed as non-attainment on the North Coast is the state standard for particulate PM-10. Air quality standards are set for particulate this size because particles under 10 microns can get by human lung natural filtration systems.

The North Coast, along with most of the rest of California, does not meet the ambient levels the state sets for PM-10; the federal PM-10 standard is three times the level set by California. There are many particulate matter sources and the NCUAQMD implements control measures for those that are considered significant.

3.3.3 Impact Evaluation Criteria

For evaluating the potential impacts related to air resources, an impact would be considered significant if it meets any of the following criteria: · interfere with air quality objectives established by the NCUAQMD, · contribute pollutants that would violate an existing or projected air quality standard, · produce pollutants that would in part contribute to cumulative effects of non-attainment for any air pollutant, · expose sensitive receptors to substantial pollutant concentrations, or · create objectionable odors affecting a substantial number of people.

3.3.4 Impacts and Mitigation

Impact 3.3.1: Interfere with Air Quality Objectives

The proposed CSD and subdivision would not involve any proposed land use changes from existing conditions and would not create or contribute to degradation of air quality. The subdivision may involve the development of three vacant residential, two vacant commercial

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parcels, and relocation of existing public utility lines to public rights-of-way. Development of these parcels could result in the release of PM-10 during construction activities such as use of heavy equipment, grading, and generation of fugitive dust.

The proposed subdivision may result in a minor increase in traffic in the Town of Scotia due to the potential development of the five vacant residential and two vacant commercial lots. This increase in traffic and resulting air emissions is not expected to result in significant impacts to air quality.

Level of Impact: Less Than Significant With Incorporation of Mitigation Measures

Mitigation Measures 3.3.1: To mitigate potential impacts to air quality during construction, the following mitigation measures should be applied: Mitigation Measure 3.3.1a. All active construction areas shall be watered at a rate sufficient to keep soil moist and prevent formation of wind-blown dust. Mitigation Measure 3.3.1b. All trucks hauling soil, sand, and other loose materials shall be covered, or all trucks shall be required to maintain at least two feet of freeboard. Mitigation Measure 3.3.1c. All unpaved access roads, parking areas, and construction staging areas shall be paved, watered daily, or treated with non-toxic soil stabilizers during construction. Mitigation Measure 3.3.1d. All paved access roads, parking areas, and construction staging areas shall be cleaned daily with water sweepers during construction. Mitigation Measure 3.3.1e. If visible soil is carried out onto adjacent streets, the area shall be washed with water or by a water sweeper truck. Mitigation Measure 3.3.1f. Hydroseeding or non-toxic soil stabilizers shall be applied to inactive construction areas (previously graded areas inactive for ten days or more). Mitigation Measure 3.3.1g. Exposed stockpiles of dirt, sand, and similar material shall be enclosed, covered, watered daily, or treated with non-toxic soil binders. Mitigation Measure 3.3.1h. Traffic speeds on unpaved roads shall be limited to 10 miles per hour. Mitigation Measure 3.3.1i. Sandbags, hay bales, or other erosion control measures shall be installed to prevent silt runoff to public roadways. Mitigation Measure 3.3.1j. Vegetation in disturbed areas shall be replanted as quickly as possible. Mitigation Measure 3.3.1k. Outdoor dust-producing activities shall be suspended when high winds create visible dust plumes in spite of control measures.

Impact 3.3.2: Contribute to Violation of Air Quality Standard

The proposed CSD and subdivision would not involve any proposed land use changes from existing conditions and would not create or contribute to degradation or violation of any applicable

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air quality standards. Construction activities could result in short-term and temporary increases in PM-10. Mitigation measures have been proposed to mitigate these impacts to less than significant (see above).

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.3.3: Contribute to Cumulative Effects of Non-Attainment for any Air Pollutant

Except for emissions likely during construction, which would be mitigated to less than significant, no other use or activities associated with the formation of a CSD and subdivision would contribute to cumulative effects of non-attainment for any air pollutant.

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 3.3.4: Expose Sensitive Receptors to Substantial Pollutant Concentrations

Except for emissions likely during construction, which would be mitigated to less than significant, no other use or activities associated with the formation of a CSD and subdivision would expose sensitive receptors to substantial pollutant concentrations.

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 3.3.5: Create Objectionable Odors Affecting a Substantial Number of People

The proposed CSD and subdivision would not involve any proposed changes in land use or other activities that would create objectionable odors affecting a substantial number of people.

Level of Impact: No Impact.

Mitigation Measures: None necessary.

3.4. Hazards and Hazardous Materials

3.4.1 Environmental Setting

The Town of Scotia and PALCO industrial facilities share a WWTF and a Water Treatment Facility (WTF), which are both owned and operated by PALCO. These facilities contain more than the state and Occupational Heath and Safety Administration (OSHA) threshold limit of extremely hazardous materials, in the form of chlorine gas (Table 3-2). Chlorine is regulated under the California

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Accidental Release Prevention (CalARP) Program, as found in the California Code of Regulations (CCR), Title 19, Division 2, Chapter 4.5; and the OSHA Process Safety Management standards found in CCR Title 8, Section 5189, and CFR, Title 29, Section 1910.119 (SHN, September 2007).

The proximity of residential areas to Highway 101 increases the likelihood of impacts from hazardous material spills along the highway (SHN, September 2007).

Table 3-2 Regulated Substances Stored at PALCO Facilities Process Regulated Substance Process Quantity Storage Size Wastewater Treatment Chlorine 2,400 lbs1 1 @ 2,000 lbs 1 @ 400 lbs Storage Area at WWTF2 Chlorine 2,000 lbs 1 @ 2,000 lbs Water Treatment Chlorine 600 lbs 4 @ 150 lbs Source: Environmental Study for the Town of Scotia, compiled by SHN, September 2007 List in refs 1. lbs: pounds 2. WWTF: Wastewater Treatment facility

In conformance with the CalARP regulations, a Risk Management Plan (RMP) was completed (SHN, March 2003) and includes a hazard assessment to aid in understanding the potential off-site consequence of a hypothetical accidental release of the regulated material, incident investigations of accidents associated with the use of the regulated substance, a prevention program to assist in maintaining and safely operating the regulated process, and an emergency response program to help respond to an accidental release of a regulated substance (SHN, September 2007).

A Phase 1 Environmental Site Assessment (ESA) that was completed for PALCO’s industrial facilities included environmental information on the surrounding area. The ESA was conducted in conformance with American Society for Testing and Material-International Standard Practice E 1527-00 for the Phase 1 Process (SHN, September 2002). This Phase 1 ESA did not include conducting a complete Phase 1 ESA for the residential areas of Scotia.

Random lead and asbestos surveys of the residential structures and commercial facilities that may potentially contain lead-based paints and asbestos have been completed. Those residences and commercial facilities that have, or are suspected of having lead-based paints and asbestos have been notified, and friable asbestos noted on these reports as being in poor condition has been dealt with appropriately (SHN, September 2007).

A draft compliance audit of the PALCO facilities was reviewed, and no other major hazardous materials concerns exist within Scotia.

Scotia is located more than 3 miles southwest of the Rohnerville Airport. The Town of Scotia is not located within the Airport Analysis and Safety Analysis Zones for the Rohnerville Airport.

Columbia Helicopters moved their service landing out of Scotia, on July 22, 2005, and will not be returning to Scotia to service in the future. There may still be helicopter logging within a 2-mile radius of Scotia, but the service landings would be located elsewhere (SHN, September 2007).

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The Town of Scotia is located at the edge of forestlands, which may pose a moderate to high risk for wildland fires. The Humboldt Fire Safe Council has placed Scotia on its “Community at Risk Candidate List” (SHN, September 2007).

3.4.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) policies for hazards and hazardous materials are summarized below.

Section 4720 of the Framework Plan: 1. Proposed development shall be adequately serviced by water supplies for fire protection or shall have a letter from an appropriate fire protection agency indicating that adequate fire protection can be provided. 2. Encourage clustered development to provide for more localized and effective fire protection measures. 3. Humboldt County shall encourage the use of prescribed burning as a management tool for timber management purposes, livestock production, and enhancement of wildlife habitat. 4. Use the appropriate section of the California Department of Forestry and Fire Protection “Fire Safe Guides” as guidelines for review of residential development in rural areas, to be applied consistent with other plans and policies. 5. Actively support and pursue the implementation recommendations of the Humboldt County Fire Chiefs Association (see Fire Hazards Implementation, Section 5-2300.3).

Section 3291 of the Framework Plan A. Hazardous industrial development shall be permitted when either: 1) it includes mitigation measures sufficient to offset increased risks to adjacent human populations; or, 2) increased risks to adjacent human populations have been adequately mitigated by approved disaster response plans.

General Plan Update. Section 12 of the General Plan Update natural resources and hazards report includes three policy options as listed below: Policy Option 12.1 Support the Board of Supervisors action to establish a County Fire Marshal position and develop a new fire protection master plan. Policy Option 12.2 Establish development standards for new development adjacent to an identified hazard, such as a nuclear power plant, propane tanks, gas stations, pulp mills, etc. Policy Option 12.3 Promote the cooperation between the County; the California Department of Forestry and Fire Protection; fire protection districts; and cities’ law enforcement, fire, and emergency medical services, and support the required training of all personnel who may respond to an emergency, including emergencies involving hazardous materials.

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Federal. The U.S. Environmental Protection Agency (USEPA) is responsible for enforcing regulations at the federal level pertaining to hazardous substances and wastes, specifically the Superfund Amendment and Reauthorization Act of 1986 and the Comprehensive Environmental Response Compensation and Liability Act.

State and Regional. The RWQCB is responsible for preserving the quality of California’s surface water and groundwater under Section 13304 of the California Water Code. Under CCR, Title 27, persons discharging any waste that might affect the quality of surface water or groundwater are required to submit a report of waste discharge to the RWQCB.

Local. The Humboldt County Department of Environmental Health (HCDEH) is responsible for the Certified Uniform Program Agency Program, which includes inspection of businesses that handle hazardous materials and insures that those businesses comply with state and local hazardous material regulations.

3.4.3 Impact Evaluation Criteria

For evaluating the potential impacts related to hazards and hazardous materials, an impact would be considered significant if it meets any of the following criteria: · create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; · create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; · emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; · be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment; · for a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, the project would result in a safety hazard for people residing or working in the project area; · for a project within the vicinity of a private airstrip, the project would result in a safety hazard for people residing or working in the project area; · impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; or · expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands.

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3.4.4 Impacts and Mitigation

This section of the EIR addresses potential impacts associated with hazards and hazardous materials.

Impact 3.4.1: Create A Significant Hazard Through The Routine Transport, Use, or Disposal of Hazardous Materials

The proposed CSD and subdivision does not include activities that would expose people to a significant hazard from the transport, use, or disposal of hazardous materials.

The existing WWTF and WTF currently receive deliveries of chlorine gas, which is then stored on site (See Table 3-2 above). There is no on-site disposal of hazardous materials within the Town of Scotia or PALCO mill. An RMP has been prepared and adopted that is designed to assist in maintaining and safely operating the regulated materials, along with an emergency response program to help respond to an accidental release of a regulated material. The RMP would reduce the impact of storage of hazardous materials to less than significant.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.4.2: Create A Significant Hazard Through Reasonably Foreseeable Upset and Accident Conditions Involving The Release of Hazardous Materials

See Discussion above under Impact 3.4.1.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.4.3: Emit Hazardous Emissions or Handle Hazardous Materials, Within One-Quarter Mile of An Existing or Proposed School

Storage of chlorine gas in the WWTF and WTF is not within ¼ mile of the Stanwood A. Murphy (Scotia) Elementary School.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.4.4: Sites Included On A List of Hazardous Materials Sites Compiled Pursuant To Government Code Section 65962.5

No sites included on the hazardous materials sites compiled pursuant to Government Code Section 65962.5 occur within the Town of Scotia.

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There is no Superfund site within the boundaries of the proposed CSD. There is no documented or known USEPA Resource, Conservation, and Recovery Act or California Environmental Protection Agency (Cal EPA) hazardous site in Scotia. There are regulated substance release sites in Scotia, but these sites are in compliance with federal and state regulatory investigations and appropriate remediation requirements.

A Phase 1 ESA prepared for the annexation proposal was a due diligence effort prior to purchase that stated that there is no site designated as hazardous sites, but there may be sites designated as “regulated.” The Phase 1 ESA also stated that if contamination is found, the proposed CSD would be afforded various protections and PALCO would remain the “responsible party” (Winzler and Kelly, Consulting Engineers).

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.4.5: Located Within Two Miles of A Public Airport or Public Use Airport

Scotia is located more than 3 miles southwest of the Rohnerville Airport. The Town of Scotia is not located within the Airport Analysis and Safety Analysis Zones.

Level of Impact: Less than significant.

Mitigation Measures: None necessary

Impact 3.4.6: For A Project Within The Vicinity of A Private Airstrip

Scotia is located more than 3 miles southwest of the Rohnerville Airport. The Town of Scotia is not located within the Airport Analysis and Safety Analysis Zones.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.4.7: Impair Implementation of or Physically Interfere With An Adopted Emergency Response Plan or Emergency Evacuation Plan

The proposed CSD and subdivision would not result in any changes in existing land use or activities and would not impair implementation of an emergency response plan or emergency evacuation plan.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

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Impact 3.4.8: Expose People or Structures To A Significant Risk Involving Wildland Fires

The Town of Scotia is surrounded by a firebreak in many ways. 1. Highway US. 101 separates the upper part of town from any wildland fire threat. 2. The Eel River separates the lower part of town from any wildland fire threat. 3. All other areas are of industrial land type.

Scotia has its own private volunteer fire department and has mutual aid agreements with the local county fire agencies if needed. Annexation of Scotia’s fire department into the Rio Dell Volunteer Fire Department would maintain the “fire safe” readiness of the community.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

3.5 Energy and Mineral Resources

3.5.1 Environmental Setting

Energy. PALCO operates a 32.5-megawatt biomass cogeneration plant at its lumber mill in Scotia. The power plant runs on mill wastes and produces enough power to run the Scotia sawmills and to provide heat and electricity for the entire Town of Scotia. Excess power is sold to PG&E.

Natural gas service is provided by PG&E, in accordance with rates and rules approved by the California Public Utilities Commission. PG&E operates an electrical substation in the “Town Center” neighborhood that serves the Scotia community.

Mineral Resources. PALCO conducts gravel extraction operations on 10 gravel bars along the Eel River between Scotia and McCann, but are not in the proposed project boundary. These gravel bars, including the Scotia Bar, are regulated by the RWQCB, ACOE, California Department of Conservation (DOC) Surface Mining and Reclamation Act (SMARA), County, and California Department of Fish and Game (CDFG). The Scotia Bar (a gravel bar on the Eel River) is located outside of Scotia and would not be affected by the proposed CSD and subdivision. The Scotia Bar is not delineated as a locally important mineral resource recovery site and is not included in an inventory of mineral extraction sites prepared by Humboldt County (SHN, September 2007).

3.5.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) policies for energy and mineral resources are summarized below:

Section 2533 of the Framework Plan: 1. Maintain and update maps of the County's identified mineral deposits. 2. Plan future development such that it will not interfere with the utilization of identified mineral deposits.

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3. Ensure adverse environmental effects are prevented or mitigated to the fullest extent feasible and that mined lands are reclaimed to a usable condition, which is readily adaptable for alternative land uses under the General Plan. 4. Encourage the production and conservation of minerals, while preserving to the maximum extent feasible the values relating to recreation, watershed, wildlife, range and forage, science, and aesthetic enjoyment. 5. Ensure elimination of residual hazards to the public health and safety. 6. Prevent the disruption of community character in siting and planning mineral resource extraction operations. 7. Require mineral haul routes to avoid incompatible areas such as landslides, highly erodable soils, residential areas, and schools, if feasible. 8. Permit conditions for mineral extraction operations should address allowable dust and noise levels, hours of operation, fencing, traffic, access, setbacks and other means to reduce conflicts with adjacent development. 9. Extraction of instream sand and gravel is not to exceed the average annual replenishment level (annual bedload), except when the bedload left from a previous flood is greater than the average annual replenishment or if the projects emphasize fishery enhancement, flood control or bank protection. 10. Bank protection shall be permitted to: (1) maintain necessary public or private roads, (2) protect principal structures in danger from erosion, and (3) protect lands designated Agriculture-Exclusive from erosion. 11. Evaluate significant water diversion projects that would reduce the replenishment rate of gravel in streams as to the impact they would have on local mineral supply in Humboldt County. 12. The operation of borrow pits on Resource Production Lands (timber, agriculture) for non- commercial purposes is considered a principal use necessary to maintain the primary use of the land. 13. The subdivision to create parcels that are for the primary purpose of providing road and construction materials shall be consistent with this plan. 14. Oil and gas development shall be permitted consistent with the following: a. The development is performed safely and consistent with the geologic conditions of the well site. b. New or expanded facilities related to such development are consolidated, to the maximum extent feasible and legally permissible, unless consolidation will have adverse environmental consequences and will not significantly reduce the number of producing wells, support facilities, or sites required to produce the reservoir economically and with minimal environmental impacts. c. Such development will not cause or contribute to subsidence hazards unless it is determined that adequate measures will be undertaken to prevent damage from such subsidence.

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General Plan Update. Section 7 of the General Plan Update Natural Resources and Hazards report includes one policy option that is applicable to the Scotia CSD Program Environmental Impact Report (Program EIR). Policy Option 7.1 Establish provisions for a “MR” Mineral Resource combining zone to facilitate implementation of the County’s regulations for surface mining and reclamation. 3.5.3 Impact Evaluation Criteria

For evaluating the potential impacts related to energy and mineral resources, an impact would be considered significant if it meets any of the following criteria: · result in energy demand beyond the capacity of energy suppliers; or · result in the loss of availability of a known mineral resource classified “MRZ-2” by the State Geologist that was of value to the region and the residents of the State, or resulted in the loss of availability of a locally-important mineral resource recovery site delineated by a local plan. 3.5.4 Impacts and Mitigation

This section addresses impacts to energy and mineral resources.

Impact 3.5.1: Energy Demand Beyond Capacity of Suppliers

The proposed CSD and subdivision would not cause energy demand to exceed the capacity of suppliers. The proposed subdivision and possible development of the three residential and two commercial parcels may create a minor increase in the demand for energy in the Scotia area; however, this increase in demand is not expected to be significant.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.5.2: Availability of Mineral Resource Supplies

The proposed CSD and subdivision would not change existing land use in Scotia and is not expected to result in the loss of availability of any mineral resource of value to the region and the residents of the State.

Level of Impact: No impact.

Mitigation Measures: None necessary.

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3.6. Noise

3.6.1 Environmental Setting

An environmental sound assessment was conducted to characterize existing noise conditions near residences in the vicinity of sound sources close to Scotia (SHN, July 2005a) (See Appendix G). The purpose of the study was to measure and establish baseline sound levels near residential property lines for selected locations in Scotia with the highest probability of sound impact from sources outside the residential areas.

The sound assessment study determined that certain residential areas experience noise levels that exceed the noise standards listed in the Humboldt County General Plan.

The study identified the mill buildings as significant noise generators. Some residents of Scotia, closest to the mill operations, currently experience noise levels above what is normally acceptable in the Humboldt County Noise standards. The study identified equipment used to move green waste dropped off at the mill site as a short-term noise source. This equipment typically operates during the day, and for a relatively short duration compared to the adjacent mill operations.

The study states “Some areas of Scotia do not meet the noise standard specified in the Humboldt County General Plan. However, these sound levels have existed for a long time in such close proximity to the existing residential areas in Scotia." The study does not identify Highway 101 as a significant noise source, but rather residential areas that do not meet the current Humboldt County standard, some of which are in close proximity to the highway (see Figure 3-3).

The State Office of Planning and Research has established maximum allowable ambient noise exposure levels for different types of land use as presented in Table 3-3.

Table 3-3 Maximum Allowable Ambient Noise Exposure Land Use Suggested Maximum Residential Low Density 60 Ldn* Residential High Density 65 Ldn Transient Lodging 65 Ldn Schools, Libraries, Churches, Hospitals 70 Ldn Auditoriums 70 Ldn Playgrounds Parks 70 Ldn Commercial 70 Ldn Industrial 75 Ldn *Ldn: day-night average sound level. Source: State of California, Office of Planning and Research 1990

As shown in Table 3-3, persons in low-density residential settings are most sensitive to noise intrusion, with noise levels of 60 decibels (dBA) (Community Noise Equivalent /Day-Night Average Level CNEL-Ldn) and below considered “acceptable” noise levels. For land uses such as

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Draft Program Environmental Impact Report Chapter 3 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Natural Environment Town of Scotia, January 2008

schools, libraries, churches, hospitals, and parks, acceptable noise levels go up to 70 CNEL-Ldn. For commercial and industrial land uses, acceptable levels of noise go up to 70 and 75 CNEL-Ldn, respectively.

3.6.2 Applicable Plans, Policies, Codes, and Regulations

The Humboldt County General Plan (Volume 1 - Framework Plan) policies for noise are summarized below:

Section 3291 of the Framework Plan: A. Existing and potential incompatible noise levels in problem areas should be reduced through operational or source controls where the County has responsibility for such controls. B. Existing and potential incompatible noise levels in problem areas should be reduced through land use planning, subdivision review, building code enforcement, and other administrative means. C. The land use noise compatibility matrix shall be utilized as the standard for General Planning and zoning purposes. D. Provide for periodic review and revision of the Noise Element. E. A local interagency program should be developed for the general public in the nature, extent, and solutions to noise problems in Humboldt County. F. Coordinate noise control activities with those of other responsible jurisdictions. G. Identify and evaluate potential noise problem areas on a continuing basis.

General Plan Update. Section 13.3 of the General Plan Update Natural Resources and Hazards report includes one noise policy option that is applicable to the Scotia CSD Program EIR. Policy Option 13.1. Adopt a noise ordinance based on current zoning districts, tailored to community noise standards.

3.6.3 Impact Evaluation Criteria

For evaluating impacts of the proposed project related to noise, an impact is considered to be significant if it results in any of the following: · exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; · exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels; · a substantial permanent increase in ambient noise levels in the plan area above levels existing without the plan; · a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the plan;

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· for a project plan located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the plan expose people residing or working in the plan area to excessive noise levels; or · for a project within the vicinity of a private airstrip, would the plan expose people residing or working in Scotia to excessive noise levels.

3.6.4 Impacts and Mitigation

Potential noise impacts are addressed in this section.

Impact 3.6.1: Noise Levels In Excess of Standards Established In The Local General Plan or Noise Ordinance

The proposed CSD and subdivision would not include new development of sensitive receptors such as schools and hospitals. Three additional vacant lots would be created. The noise study (SHN, 2005a) concluded that the proposed CSD and subdivision would not generate noise that exceeds local standards established by Humboldt County above and beyond what is currently experienced in Scotia.

However, impacts resulting from residential noise exposure levels in excess of County standards have existed in Scotia for many years. These impacts are a result of the proximity of residential structures to U.S. 101 and the biomass co-generation power plant and Mill B complex.

The project also proposes to apply a Noise Impact “N” combining zone to those portions of the project proposed to be zoned for residential uses, where exterior noise levels exceed 60 dBa CNEL- Ldn. The “N” combining zone would establish a requirement that new residential construction, including reconstruction after fires or natural disaster, and additions, but not retrofits of existing construction, shall conform to applicable requirements of the Humboldt County Building Code. Building standards are required to reduce interior noise levels to 45 dB CNEL-Ldn in all habitable rooms.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.6.2: Exposure of Persons To or Generation of Excessive Groundborne Vibration or Groundborne Noise Levels

The proposed subdivision would result in the creation of three residential and two commercial lots. Relocation of existing water distribution and wastewater collection systems to existing public rights-of-way would involve use of heavy equipment such as back hoes, loaders, trucks, etc. during construction. Groundborne vibration and noise resulting from this equipment would be short-term and temporary and is not considered to be significant. It is unlikely that machines or equipment, such as pile drivers, that generate groundborne vibration and noise would be necessary to develop these lots.

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Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.6.3: A Substantial Permanent Increase In Ambient Noise Levels

The noise study (SHN, July 2005a) concluded that the proposed CSD and subdivision would not result in the generation of noise that exceeds local standards established by Humboldt County above and beyond what is currently experienced in Scotia.

The proposed CSD and subdivision would apply the proposed “N” combining zone to portions of Scotia that are subject to noise levels in excess of existing Humboldt County General Plan standards. The “N” combining zone would require new residential construction, including reconstruction after fires or natural disaster and additions, but not retrofits of existing construction, to comply with interior noise level standards.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.6.4: Substantial Temporary or Periodic Increase In Ambient Noise Levels

The formation of a CSD and subdivision would not result in increases in ambient noise levels. The development of the newly created vacant lots and relocation of existing public utility lines to public rights-of-way could result in temporary increases in ambient noise levels during construction. Construction-related noise could exceed noise levels in excess of existing County noise standards. While construction-related noise would be short-term and temporary, it could result in temporary or periodic increases in ambient noise levels.

Level of Impact: Less than significant with incorporation of mitigation measures.

Mitigation Measures 3.6.4: To mitigated short-term and temporary increases in ambient noise due to construction related activities, the following mitigation measures are proposed: Mitigation Measure 3.6.4a. The operation of tools or equipment used in construction, drilling, repair, alteration, or demolition shall be limited to between the hours of 8 a.m. and 7 p.m. Monday through Friday, and between 9 a.m. and 7 p.m. on Saturdays. Mitigation Measure 3.6.4b. No heavy equipment related construction activities that would adversely impact residential areas shall be allowed on Sundays or holidays. Mitigation Measure 3.6.1c. All stationary and construction equipment shall be maintained in good working order, and fitted with factory approved muffler systems.

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Impact 3.6.5: Located Within An Airport Land Use Plan or Within Two Miles of A Public Airport or Private Airstrip

The Town of Scotia is not located within the Airport Analysis and Safety Analysis Zones or within two miles of a public airport or private airstrip.

Level of Impact: No impact.

Mitigation Measures: None necessary.

3.7. Biological Resources 3.7.1 Environmental Setting

The environmental setting within Scotia is characterized by the presence of the Eel River in conjunction with the residential, industrial, and commercial development within Scotia. Natural resources are primarily confined to the Eel River and surrounding riparian corridor, generally located along the western boundary of Scotia and eastern boundary of Rio Dell. Vegetation throughout Scotia consists of native, ornamental, and exotic species common in this area of Humboldt County (SHN, September 2007).

Vegetation Habitat. The Eel River riparian vegetation generally consists of a moderately dense overstory of red alder (Alnus rubra), willow spp. (Salix scouleriana, S. sitchensis, and other species), willows (Salix sp.), and American dogwood (Cornus sericea) with scattered black cottonwood (Populus balsmifera). The sporadically dense to moderately open understory is dominated by Pacific bramble (Rubus ursinus), Himalayan blackberry (R. discolor), horsetail spp (Equisetum arvense and E. hyemale), mugwort (Artemesia douglasiana), white sweetclover (Melilotus alba), and tall flat-sedge (Cyperus eragrostis) with various native and nonnative grass species (SHN, September 2007).

Habitat within the portion of Scotia located east of Highway 101 is generally comprised of North Coast coniferous forest. The moderately open overstory is dominated by a canopy of redwood (Sequoia sempervirens), Douglas fir (Pseudotsuga menziesii), tan oak (Lithocarpus densiflora), and scattered California bay (Umbellularia californica). The shrub layer varies from dense to depauperate and consists of salal (Gaultheria shallon), evergreen huckleberry (Vaccinium ovatum), pink-flowering currant (Ribes sanguinuem), Pacific bramble, and poison oak (Toxicodendron diversilobum). The herbaceous layer is dominated by Douglas iris (Iris douglasiana), ox-eye daisy (Leucanthemum vulgare), modesty (Whipplea modesta), and a variety of native and nonnative grass species. The habitat within this portion of Scotia is greatly influenced by commercial timberland use activities (SHN, September 2007).

Except for the riparian habitat along the Eel River and the forested area east of Highway 101, the approximately 20-acre constructed millpond located in Scotia probably constitutes the largest conspicuous biological resources habitat within Scotia. The millpond is located in the western portion of the town and is bordered by residential homes, Williams Avenue, the Mill B complex,

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and other PALCO facilities. This pond was used as a log pond for many years, but is currently used as a stormwater collection basin and a receiving basin for Scotia’s treated WWTF effluent in the summer months (SHN, September 2007).

Millpond. Several biological assessments/surveys have been conducted at the millpond and in its immediate vicinity (PALCO Technical Memorandum Regarding Assessment and Survey of PALCO’s Millpond for Amphibians and the Northwestern Pond Turtle, January 6, 2005 [PALCO, 2005]); Scotia Pond (Avian Wildlife) Survey, December 13, 2004 (PALCO, 2004a); Rare Plant Habitat Assessment/Survey Report Scotia Pond, December 16, 2004 (PALCO, 2004b). The assessments were reviewed to determine habitat quality within a portion of Scotia and to assess potential impacts to biological resources from implementation of the proposed CSD and subdivision (SHN, September 2007).

The following description is from the PALCO Millpond Technical memo (PALCO, 2005). Habitat at the millpond is frequently disturbed by mill operations. Vegetation surrounding the pond is dominated by native and exotic species common in disturbed areas. These species include coyote bush (Baccharis pilularis), pampas grass (Cortaderiajubata), fennel, and Himalayan berry. Scattered patches of willows and red alders are located on the western and southern sides of the pond. Sub- emergent species include the invasive non-native parrot’s feather (Myriophyllum aquaticum) and marsh pennywort (Hydrocotyle umbellata). Cattails (Typha latifolia) are located along the littoral zone and are emergent in the pond (SHN, September 2007).

Amphibian Survey. The amphibian survey found mosquitofish (Gambusia affinis) in abundance throughout the millpond. No other fish species, amphibians, or reptiles were observed in that survey (PALCO, 2005).

The bird survey found the greatest abundance and diversity of species among the dense cluster of cattails at the eastern end of the pond (PALCO, 2004a). The most abundant bird species reported from the millpond were Mallards (Anas platyrhynchos) and American Coots (Fulica Americana). Other species that occurred in substantial numbers include Black-Crowned Night Heron (Nycticorax nycticorax), Double-Crested Cormorant (Phalacrocorax auritus), and Pied-Billed Grebe (Podilymbus podiceps) (SHN, September 2007).

Other biological resources within Scotia, such as vegetation that has not been significantly impacted by previous development, is scattered throughout Scotia but is generally limited in size, habitat value, and/or lacks species diversity (SHN, September 2007).

Special Status Species. Potential adverse effects to species identified as a candidate or listed as rare, threatened, or endangered (herein referred to as Special Status) by local, state, and federal regulations, were reviewed by querying the California Natural Diversity Database (CNDDB) RareFind 3 program (CDFG, 2006) for historical and/or existing occurrences of sensitive species and habitats within Scotia (Scotia and Fortuna Quadrangles) and all immediately adjacent United States Geological Survey (USGS) quadrangles (See Appendix H). All plant species included on Lists 1 and 2 of California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California (Tibor, 2001) were also reviewed to determine potential presence in Scotia. In addition to

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the queries listed, the seventeen species covered under PALCO’s Habitat Conservation Plan (HCP) are also included in Appendix B of the Scotia Annexation Initial Study prepared by PALCO (SHN, July 2006).

Red-legged Frogs. A survey for red-legged frogs, including their egg masses, and northwestern pond turtle was conducted on December 3, 2004 (PALCO, 2005). The focus of the amphibian/ reptile survey was northern red-legged frogs, which are known to breed locally in pond locations and northwestern pond turtle. Northern red-legged frogs, including their eggs, were not detected within the area surveyed (SHN, September 2007).

Northwestern Pond Turtles. Anecdotal observations by PALCO biologists of northwestern pond turtles in the millpond occurred throughout 2004 (PALCO, 2005). During those observations, which lasted several days, two turtles were seen alternately basking on the tip of a log. Northwestern pond turtle was not detected within the area surveyed but that survey was conducted on December 3, 2004, during the species hibernation season, so their absence was not unusual (PALCO, 2005). Northwestern pond turtle occurrence at the millpond may be limited by a lack of suitable basking locations, although basking sites are usually not limiting. The amount of upland disturbance near the ponds may either directly destroy turtle nests, or make breeding sites unavailable (SHN, September 2007).

During the Amphibian and Reptile survey (PALCO, 2005), the millpond was also inspected for the presence of bullfrogs (Rana catesbeiana), a non-native invasive species. No bullfrogs were found during the 2005 millpond inspection, likely due to seasonality, but two of PALCO’s biologists have reported incidental observations of this species around the millpond and in residential areas of Scotia (PALCO, 2005). PALCO biologists have reported observing numerous juveniles as well as adults. Bullfrogs are not native to North America west of the Rocky Mountains and may be second only to habitat loss as a contributing factor for the decline of native anurans. Bullfrogs are gape- limited predators and are capable of preying on almost any species they can capture. Furthermore, bullfrogs have tremendous fecundity reproducing up to two times a year and having up to 20,000 eggs per egg mass. Bullfrogs are also capable of dispersing over two miles and in wet climates dispersal potential is probably unlimited. A lack of northwestern pond turtle and northern red- legged frogs in the millpond may at least be partially a result of bullfrog predation (SHN, September 2007).

It should be noted, that these surveys were not conducted during the optimal season for detection of northwestern pond turtles or northern red-legged frogs, therefore, it is likely that both species are present in greater numbers (SHN, September 2007).

Salmon and Steelhead. The Eel River is known to contain and provide habitat for the following state and federally listed species: Southern Oregon/Northern California Coast coho salmon, California Coastal Chinook salmon, and Northern California steelhead. The Eel River is designated as critical habitat for the Coho salmon and is considered Essential Fish Habitat for the coho salmon and Chinook salmon pursuant to the Magnuson-Stevens Fisheries Conservation and Management Act, as amended (16 USC Section 1801 et seq). Coast cutthroat trout, another Special Status Species, has also been reported from the Eel River (SHN, September 2007).

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Except for the wetland areas along streams and drainage channels, Scotia is not considered prime habitat for sensitive plant species. The wetland and riparian areas provide habitat for certain special status plants. According to the U.S. Fish and Wildlife Service, most of the Eel River channel (extending approximately to the 500-year flood plain boundary) is included within the National Wetlands Inventory (SHN, September 2007).

3.7.2 Applicable Plans, Policies, Codes, and Regulations

Humboldt County General Plan

Humboldt County General Plan policies for biological resources are summarized below:

Section 3431 of the Framework Plan Volume I: 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 the National Environmental Policy Act (NEPA) and California Environmental Quality Act (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 (SMAs), along its blue line streams as identified on the largest scale USGS topographic maps most recently published, and any significant drainage courses identified through the CEQA process. 5. Development within the SMAs 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. 6. The Biological Resources Map 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 Resources Maps may require an amendment to the adopted General Plan. 7. The County should request the CDFG, 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.

General Plan Update: Section 2 of the General Plan Update Natural Resources and Hazards report includes six policy options that are applicable to Biological Resources: Policy Option 2.1 Continue to map and analyze biological information, particularly for habitats on a watershed basis.

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Policy Option 2.2 Work with the California Wildlife Habitat Relationships Program of the CDFG to develop predictive models of habitat relationships geared to Humboldt County. Policy Option 2.3 Establish a County-level Habitat Protection Program to compliment state and federal programs. Policy Option 2.4 Establish incentives for creation of “Rural Conservation” parcels, including provisions for Transfer of Development Rights and cooperative arrangements with lands trusts and others who could accept conservation easements. Policy Option 2.5 Establish a habitat mitigation fee and land banking programs to help protect habitat for special status species. Policy Option 2.6 Support creation of a private non-profit open space trust.

Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act, U.S. Army Corps of Engineers: Permit authority under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act for fill (including discharge) or structures in wetlands. Under Section 10 of the Rivers and Harbor Act of 1899, the ACOE regulates activities in navigable waters of the United States, up to mean high water, including wetlands. Any activity involving replacement or construction of docks, piers, floating boat slips, shoreline erosion control structures or other structures would require an ACOE permit. Under Section 404 of the Clean Water Act, the ACOE regulates discharges of dredged or fill material into waters of the United States (up to high tide line or the ordinary high water mark), including wetlands, by approval of a ACOE permit.

U.S. Fish and Wildlife Service (USFWS). Consultation and permit authority under Section 7 of the Endangered Species Act (Federal ESA) of 1973, as amended. USFWS is the responsibility to ensure that any action authorized, funded, or carried out by a federal agency is not likely to jeopardize the continued existence of threatened or endangered (T&E) species or result in destruction or adverse modification of T&E habitat.

The Federal ESA gives the National Marine Fisheries Service (NMFS) responsibility for ensuring that any action authorized, funded, or carried out by a federal agency is not likely to jeopardize the continued existence of T&E anadromous marine and non-marine fish species or result in destruction or adverse modification of fish habitat.

California Department of Fish and Game (CDFG). The CESA and CEQA give CDFG responsibility for protection of State-listed threatened and endangered species and CDFG-defined wetlands, including riparian habitat.

Federal Endangered Species Act (Federal ESA). The Federal Endangered Species Act of 1973 recognized that many species are in danger of or threatened with extinction and established a national policy that all federal agencies should work toward conservation of these species. The Secretary of the Interior and the Secretary of Commerce are designated in the Federal ESA as responsible for identifying T&E species and their critical habitats, carrying out programs for the conservation of these species, and rendering opinions regarding the impact of proposed federal actions on endangered species. The Federal ESA also outlines what constitutes unlawful taking, importation, sale, and possession of endangered species and specifies civil and criminal penalties for unlawful activities.

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California Environmental Quality Act (CEQA). Rare or endangered species are defined in the CEQA Guidelines (Section 15380) as follows: (A) “Species” as used in this section means a species or subspecies of animal or plant or variety of plant. (B) A species of animal or plant is: (1) “Rare” when either: (a) although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or (b) the species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and may be considered “threatened” as that term is used in the Federal Endangered Species Act. (C) A species of animal or plant shall be presumed to be rare or endangered if it is listed in: (a) Sections 670.2 or 670.5, Title 14, California Administrative Code; or (b) Title 50, Code of Federal Regulations Sections 17.11 or 17.12 pursuant to the Federal Endangered Species Act as rare, threatened, or endangered.

A species not included in any listing identified in subsection (C) shall nevertheless be considered to be rare or endangered if the species can be shown to meet the criteria in subsection (B).

California Endangered Species Act (CESA). The California Endangered Species Act (Fish and Game Code Sections 2050-2098) established a state policy to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat. The Fish and Game Commission is charged with establishing a list of endangered and threatened species. State agencies must consult with the CDFG to determine if a proposed project is likely to jeopardize the continued existence of any endangered or threatened species.

California Department of Fish and Game Code Native Plant Protection Policy. The intent of the Legislature and the purpose of the California Native Plant Protection Policy is to preserve, protect, and enhance endangered or rare plants of this state (Section 1900). For purposes of this chapter, a “native plant” means a plant that grows in a wild uncultivated state, which is normally found native to the plant life of this state (Section 1901).

3.7.3 Impact Evaluation Criteria

An impact to biological resources would be considered significant if it meets the following criteria. The proposed project must: · have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the CDFG or USFWS;

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· have a substantial adverse effect on any riparian habitat or other sensitive natural community in local or regional plans, polices, or regulations, or by the CDFG or USFWS; · have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool coastal, etc.) through direct removal, filling, hydrological interruption, or other means; · interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; · conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; and · conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan.

3.7.4 Impacts and Mitigation

Potential impacts to biological resources are addressed in this section.

Impact 3.7.1: Substantial Adverse Effect, Either Directly or Through Habitat Modifications, On Any Species Identified As A Candidate, Sensitive or Special Status Species

The Eel River provides habitat for three federally listed anadromous fish species and one Species of Concern. The proposed CSD and subdivision would not include any development or expansion of facilities that may adversely affect these species, including but not limited to interfering with the movement of the listed fish species, other native resident or migratory species, or with the use of native wildlife nursery sites.

Scotia was inadvertently included in the HCP, which was prepared by PALCO. PALCO is working with the regulatory agencies to remove the town from the HCP.

Any sensitive species that currently exist in Scotia, such as the northwestern pond turtle would not be impacted by the proposed CSD and subdivision because no new development or expansion of HCP. Aside from the northwestern pond turtle, the fish species listed above, and the potential presence of northern red-legged frog, no other sensitive species are known to occur in the Scotia area.

Although focused surveys and assessments have not been conducted throughout the entire Town of Scotia, the proposed CSD and subdivision is not expected to impact biological resources because no new development would occur.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

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Impact 3.7.2: Have A Substantial Adverse Effect On Any Riparian Habitat or Other Sensitive Natural Community

The riparian corridor along the Eel River is considered an ESHA, as defined by Humboldt County and CDFG guidelines. The proposed CSD and subdivision does not propose changes to riparian habitat or any other sensitive natural communities identified in local or regional plans, policies, or regulations.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.7.3: Have A Substantial Adverse Effect On Federally Protected Wetlands

The proposed CSD and subdivision does not include impacts to wetland areas that may be subject to Section 404 of the Clean Water Act, through direct removal, filling, hydrological interruption, or other means. Currently, PALCO holds a nationwide permit (Section 404) from the ACOE and a Section 401 Water Quality Certification from the RWQCB, for the construction and use of temporary percolation ponds on the Eel River gravel bar, located west of the existing WWTF. PALCO also has a CDFG permit for the pond.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.7.4: Interfere Substantially With The Movement of Any Native Resident or Migratory Fish or Wildlife Species

The proposed CSD and subdivision would result in the creation of three vacant residential and two vacant commercial lots. Development of these lots is not expected to result in significant impacts related to the movement of any native resident or migratory fish or wildlife species.

Level of Impact: Less than significant.

Mitigation Measures: None necessary.

Impact 3.7.5: Conflict With Any Local Policies or Ordinances Protecting Biological Resources, Such As A Tree Preservation Policy or Ordinance

The proposed CSD and subdivision would not conflict with any local policies or ordinances that pertain to the protection of biological resources. The proposed CSD and subdivision are consistent with the County’s SMA policy. Scotia was inadvertently included in the HCP, which was prepared by PALCO. PALCO is working with the regulatory agencies to remove the town from the HCP. Regardless, the proposed CSD and subdivision are consistent with PALCO’s HCP.

Level of Impact: No impact.

Mitigation Measures: None necessary.

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Impact 3.7.6: Conflict With The Provisions of An Adopted Habitat Conservation Plan

Scotia was inadvertently included in the HCP, which was prepared by PALCO. PALCO is working with the regulatory agencies to remove the town from the HCP. Regardless, the proposed CSD and subdivision are consistent with PALCO’s HCP.

Level of Impact: No impact.

Mitigation Measures: None necessary.

3.8 Agricultural Resources

3.8.1 Environmental Setting

Ample precipitation, fertile soils, and the mild coastal climate make for productive farming in the flat alluvial terraces around Scotia. The majority of suitable farmland in Scotia has already been converted to residential uses, or is surrounded by residential development. Currently, PALCO operates a 150-acre redwood tree farm within the proposed project area, between US Highway 101 and the Eel River, south of the main industrial area.

3.8.2 Applicable Plans, Policies, Codes, and Regulations

Humboldt County General Plan policies for agricultural and timber resources are summarized below:

Section 2523 of the Framework Plan: Section 2523 of the Framework Plan contains 11 policies that are applicable to the agricultural resources: 1. Agricultural lands shall be conserved and conflicts minimized between agricultural and non-agricultural uses through the following: a. By formulation of logical boundaries separating urban and rural areas and, when necessary, buffer areas to minimize land use conflicts. b. By focusing future conversions in areas where land use conflicts would not threaten the viability of existing agriculture. c. By promoting in-filling to achieve a more logical urban/agricultural boundary. d. By allowing development of uneconomical or marginally viable agricultural lands, or agricultural lands already severely limited by conflicts with urban uses to limit the market pressures for conversion of more productive lands. e. By ensuring that public service facility expansions and non-agricultural development do not inhibit agricultural viability through degraded water supplies, access systems, air quality, and other relevant considerations, such as increased assessment costs. f. By broadening the utility of agricultural preserves and the Williamson Act Program to accommodate and encourage intensively managed farms.

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2. The conversion of economically viable agricultural lands shall be monitored and reported annually. 3. In-filling shall be encouraged for all development. 4. Prime agricultural land should be retained in parcel sizes large enough to provide for an economic management base. 5. The County shall support predator control programs to reduce livestock depredation. 6. Vegetation management programs (controlled burning, etc.) shall be supported where they improve the availability and quality of rangeland for livestock and wildlife, reduce the hazard of disastrous wildfires and increase water quality and quantity. 7. Areas with General Plan designations of Agriculture Exclusive should not be annexed to cities or service districts providing sewer service unless it is in the public interest. 8. The County Planning Department and Board of Supervisors will request the Local Agency Formation Commission to utilize the County's General Plan in advising the County on the appropriate level of services to be provided in the County's unincorporated areas. 9. Agricultural production requiring smaller parcels and more intensive management, including aquaculture, shall be encouraged wherever feasible consistent with the Remote Rural Development Section 2550 and other policies of this section. 10. The conversion of agricultural land should only be considered where continued agricultural production is not economically feasible and proposed development is consistent with Remote Rural Development Section 2550. 11. Affirm and support the public services provided by County Government, which are necessary in maintaining a viable agricultural products industry.

General Plan Update: Natural Resources and Hazards Report Section 4 includes four policy options that are applicable to the agricultural resources: Policy Option 4.1. Support creation of a private non-profit land trust to support agricultural conservation programs (coordinated with Option 2.6 in the Biological Resources section). Policy Option 4.2. Support creation of greenbelts and agricultural buffers where agricultural operations may pose land use conflicts. Policy Option 4.3. Continue to use a Right-to-Farm Ordinance to enhance and encourage agricultural activities within the County. Policy Option 4.4. Create zoning provisions that allow for reduced lot size for small-scale, intensive agriculture-either a new AE-15 zone or “AI” Agriculture Intensive zone.

Agricultural Land Protection:

Farmland Protection Policy Act (FPPA). The Farmland Protection Policy Act (FPPA) requires federal agencies to minimize the extent to which federal programs contribute to unnecessary and irreversible conversion of farmland to nonagricultural uses. Farmland subject to FPPA

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requirements does not have to be currently used for cropland. Areas under protection include forestland, pastureland, cropland, or other land, but not bodies of water or urban, developed land.

FPPA requirements apply to projects that could irreversibly convert (directly or indirectly) farmland (as defined above) to nonagricultural use, and are completed by a federal agency or completed with the assistance (financial assistance) of a federal agency. Projects that are not subject to the FPPA include projects on land already developed for urban uses, land used for water storage, and land used for the construction of on-farm structures needed for farm operations.

Local Agency Formation Commission. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Local Government Reorganization Act) established the authority for the Humboldt County Local Agency Formation Commission (LAFCo). LAFCos are independent county-level regulatory commissions created by the California Legislature to control the boundaries of cities and most special districts. One of LAFCo’s prime objectives is to preserve agricultural land resources and to discourage urban sprawl. The following is the definition of prime agricultural land contained in Local Government Reorganization Act that is used by LAFCo:

According to the California Government Code Section 56064, "Prime agricultural land" means an area of land, whether a single parcel or contiguous parcels, that has not been developed for a use other than an agricultural use and that meets any of the following qualifications: · Land that qualifies, if irrigated, for rating as Class I or Class II in the United States Department of Agriculture (USDA) Natural Resources Conservation Service land use capability classification, whether or not land is actually irrigated, provided that irrigation is feasible. · Land that qualifies for rating 80 through 100 Storie Index Rating. · Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the USDA in the National Handbook on Range and Related Grazing Lands, July, 1967, developed pursuant to Public Law 46, December 1935. · Land planted with fruit or nut-bearing trees, vines, bushes, or crops that have a nonbearing period of less than five years and that will return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than four hundred dollars ($400) per acre. · Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than four hundred dollars ($400) per acre for three of the previous five calendar years.

California Department of Conservation (DOC). The following are several additional important farmland categories used in evaluating the potential impacts of land conversion (California Department of Conservation, Division of Land Resource Protection):

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Farmland of Statewide Importance. Farmland of Statewide Importance is farmland other than prime farmland, which has a good combination of physical and chemical characteristics for the production of crops. The land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. Farmland of Statewide Importance must meet criteria regarding water capacity, soil temperature, acid/alkali balance, water table, soil sodium content, flooding, erodibility, and rock fragment content.

Unique Farmland. Unique Farmland is land that does not meet the criteria for Prime Farmland or Farmland of Statewide Importance, which has been used for the production of specific high economic value crops at some time during the four years prior to the mapping date. It has the special combination of soil quality, location, growing season, and moisture supply needed to produce sustained high quality and/or high yields of a specific crop when treated and managed according to current farming methods. Examples of such crops may include oranges, olives, avocados, rice, grapes, and cut flowers.

3.8.3 Impact Evaluation Criteria

An impact to agricultural resources would be considered significant if it meets the following criteria. The proposed project must: · convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use; · conflict with existing zoning for agricultural use, or a Williamson Act contract; and · involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use.

3.8.4 Impacts and Mitigation

Potential impacts to agricultural resources are addressed in this section.

Impact 3.8.1: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance

The CSD and subdivision would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural uses. The proposed CSD and subdivision does, however, change the land use designation and zoning classification of 3.9 acres of Unclassified (U) land east of Highway 101 to Public Facility (the existing WTF). This land is developed with water supply and distribution facilities and is surrounded by land zoned for timber production purposes. The proposed CSD and subdivision would not change the use of this land but would add a Humboldt County General Plan designation to conform to that use. Surrounding land is zoned Timber Production Zone (TPZ) and is actively managed for that use.

Level of Impact: No impact.

Mitigation Measures: None necessary.

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Impact 3.8.2: Conflict With Existing Zoning For Agricultural Use, or A Williamson Act Contract

There is no land within or adjacent to Scotia that is under Williamson Act contract. The proposed CSD and subdivision does convert land from an agricultural land use. No change in the actual land use is proposed.

Three and nine tenths (3.9) acres of Unclassified (U) land east of Highway 101 is occupied by the WTF. There is no indication that this land has been used for agriculture for many years. Instead, this land has been devoted to infrastructure supporting urban uses (the WTF). The proposed CSD and subdivision changes the land use designation to make the General Plan designation conform to the existing land use.

Level of Impact: No impact.

Mitigation Measures: None necessary.

Impact 3.8.3: Involve Other Changes Which Could Result In Conversion of Farmland

The proposed CSD and subdivision would not involve any changes in land use or other activities that could result in conversion of Farmland, to non-agricultural use.

Level of Impact: No impact.

Mitigation Measures: None necessary

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Chapter 4 Alternatives Analysis

This chapter evaluates impacts of the three alternatives to the proposed project, and determines the “Environmentally Superior” alternative. 4.1 CEQA Guidelines 4.2 No Project Alternative 4.3 Alternative A--Annexation to Rio Dell 4.4 Alternative B--Home Owners Association and Private Utilities 4.5 Environmentally Superior Alternative 4.6 Preferred Alternative

4.1 CEQA Guidelines

California Environmental Quality Act (CEQA) guidelines state that the Environmental Impact Report (EIR) must describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives.

The guidelines state that an EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effect of each alternative may be used to summarize the comparison. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed, but in less detail than the significant effects of the project as proposed. (County of Inyo v. City of Los Angeles, 124 Cal. App. 3d 1)

The specific No-Project Alternative, along with its impacts shall also be evaluated. If the environmentally superior alternative is the No-Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.

The range of alternatives required in an EIR is governed by a “rule of reason,” which requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to those that would avoid or substantially lessen any of the significant effects of the project. Of these alternatives, the EIR shall examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the project. The range of feasible alternatives shall be selected and discussed in a manner to foster meaningful public participation and informed decision-making.

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4.2 No Project Alternative

4.2.1 Description

Under the No Project Alternative, Scotia would continue to be operated by PALCO, or another private entity. Additionally, Scotia would continue to be subject to land use and zoning regulations of Humboldt County. Under this alternative, the residential portion of Scotia would not be subdivided and would continue to be rented out and maintained by a private entity. The Wastewater Treatment Facility (WWTF) and Water Treatment Facility (WTF) would continue to be operated by PALCO. Current industrial facilities would continue to operate under existing conditions.

4.2.2 Impact Evaluation

Land Use and Planning. Under the No Project Alternative, existing land uses and zoning classifications would remain the same. Land use and zoning regulations would continue to be under the jurisdiction of Humboldt County. Changes in actual land use would be allowed within existing zoning regulations. Residential, commercial, and industrial areas would continue to operate under the same uses or other uses allowed in the base zone.

Population and Housing. Population levels and demand on available housing would remain the same.

Public Services. The County would continue to maintain designated roadways. PALCO would maintain alleys and certain roads, streetlights, landscaped open spaces, and parks. The Scotia Volunteer Fire Department would remain responsible for fire protection. The Stanwood A. Murphy Elementary School would continue to be operated by the Scotia Elementary School District. The County Sheriff’s Office would provide law enforcement services. No change would occur in the capacity of public services to meet current demand.

Utilities and Service Systems. PALCO would continue to own and operate the water and wastewater treatment facilities. PALCO would continue to operate a 25-mega watt cogeneration plant providing all electric power to Scotia. PALCO would continue to own the power distribution system within Scotia, including the poles, conductors, transformers, and meters. PALCO would continue to sell excess power to PG&E. PG&E owns and operates the natural gas distribution network in Scotia and all users are individually metered. No change would occur in the capacity of utility systems to meet current demand (SHN September 2007).

Cultural Resources. No known archaeological resources or sites are present. PALCO would continue to maintain historically significant neighborhoods and structures.

Historically significant neighborhoods and buildings would not be protected by a “D” combining zone. A “Q” combing zone created in the 2003 rezoning will provide an existing mechanism for

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protecting historical resources in the industrial and commercial uses. No legal means of preserving the integrity and value of historically significant residential neighborhoods and buildings would be available.

Aesthetics. The aesthetics or visual character of the town would likely remain relatively constant for the near future. PALCO would continue to maintain historically significant neighborhoods and structures.

Natural Environment. No changes would occur to existing natural conditions associated with soils and geology, water resources, air quality, hazards, biological resources, and noise. No significant impacts to the natural environment would occur under the “No Project” alternative.

4.3 Alternative A—Annexation To Rio Dell

4.3.1 Description

Alternative A would involve annexation of the Town of Scotia into the City of Rio Dell (Figure 4-1). The project, under Alternative A, would include a residential and commercial subdivision of the same area as the proposed project. Annexation would require amendments to the City of Rio Dell’s General Plan and zoning code in order to bring actual land uses into compliance with Rio Dell General Plan policies and land use designations and zoning regulations. Combining zones will be applied for Design Control (D), to address design issues associated with Scotia’s historic resources; Noise (N), to address residential areas where ambient noise levels are above City of Rio Dell noise standards; and, Planned Development (P), to allow flexibility in the administration of the development standards of the underlying principal zone. A “Timber Production” overlay zone is proposed to allow timber cultivation and harvest practices for the tree farm area. The tree farm would remain a timber operation area, which would be managed and operated by PALCO.

A Review Draft Program EIR (Review DPEIR) was prepared for this alternative, but was never circulated or finalized before being abandoned by PALCO in favor of the current project. Annexation was abandoned by PALCO for three primary reasons.

1) Costs associated with upgrades to the Scotia WWTF

The City of Rio Dell is presently out of regulatory compliance with regard to wastewater service to current residents, and is under a cease and desist order from the Regional Water Quality Control Board (RWQCB). The Review DPEIR for annexation evaluated two options for the Scotia WWTF.

The first option would involve constructing a levee around the existing Scotia WWTF to isolate the current facility from the 100-year floodplain, in which it currently resides, and

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upgrading the existing facility to comply with anticipated future RWQCB standards. The second option would involve demolishing the existing WWTFs in both Scotia and Rio Dell and building a new facility in a new location in Scotia, outside of the 100-year floodplain, that would treat combined wastewater flows from Scotia and Rio Dell. Both wastewater alternatives included disposal of Rio Dell’s effluent in Scotia.

The Town of Scotia’s WWTF currently operates in compliance with its existing National Pollutant Discharge Elimination System (NPDES) permit and provides adequate service for existing uses in Scotia. The capital costs involved in upgrading the Scotia’s WWTF or constructing a new combined WWTF would be considerable (engineering estimates of +/- $24 million) and would likely exceed the capacity of the current residents to pay the rates necessary to support the improvements. The demographics of the town could change as a more “affluent class” (who can afford the rates) displace the “working class” who have historically occupied the residential dwellings.

2) Costs associated with upgrades to existing infrastructure.

During discussions on annexation, the City of Rio Dell maintained the position that all infrastructure (including water distribution, wastewater collection, and stormwater collection) in Scotia must be replaced to meet City of Rio Dell “new development” standards. However, PALCO is only willing to apply development standards for new construction for those sections of the wastewater collection, stormwater collection, and water distribution systems that were documented in 2006 to be imminently physically and hydraulically deficient, and/or needs to be relocated within new public-rights-of-way as required by subdivision regulations. Additionally, PALCO is willing to construct the new wastewater and stormwater collection and water distribution and associated fire protection systems to serve the newly created residential and commercial parcels to “new development standards.” There are considerable costs differences between what the City of Rio Dell and PALCO consider are necessary for annexation. Again, the impact on existing residences ability to support the rates necessary to support the upgrades would likely change the demographics of the town as the “working class” is displaced by a more “affluent class” that can afford the higher rates.

Additionally by upgrading all existing infrastructure in Scotia to meet new subdivision standards, while existing Rio Dell infrastructure is not upgraded would result in Scotia residents subsidizing repairs to Rio Dell infrastructure through monthly rates.

3) Costs associated with frontage improvements (including ADA)

During discussions on annexation, the City of Rio Dell maintained the position that all frontage improvements (curb, gutter, and sidewalk) must meet City standards. The costs involved would likely exceed the capacity of the current residents to pay the rates necessary to support the improvements. The demographics of the town could change as higher income people (who can afford the rates) displace the working people who have historically occupied the residential dwellings. A more significant result of the strict application of City

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Draft Program Environmental Impact Report Chapter 4 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Alternatives Analysis Town of Scotia, January 2008

of Rio Dell subdivision standards would be the impact on the historic resources inherent in the Town of Scotia, which currently does not include full frontage improvements. These impacts are discussed in detail in the section on Cultural Resources below.

4.3.2 Impact Evaluation

Land Use and Planning. Land use and development would be under the jurisdiction of the City of Rio Dell. General Plan and zoning amendments would bring existing land uses in Scotia into compliance with the Rio Dell General Plan and zoning code. Any development of the proposed five vacant residential lots and two vacant commercial lots created by the subdivision would be subject to City of Rio Dell regulations.

Population and Housing. Growth in population and demand for housing would be constrained by the lack of available vacant land suitable for development within the existing limits of the Town of Scotia. Expensive upgrades to the WWTF and infrastructure could result in significant increase in rates necessary to support these improvements. These rate increases could result in displacement of the historic “working class” residents by a more affluent class that could afford the rates.

Public Services. The City of Rio Dell would provide police and the Rio Dell Fire Protection District would annex the Scotia Volunteer Fire Department. Maintenance of Scotia parks, roadways and streets, and streetlights would become the responsibility of the City of Rio Dell. The Stanwood A. Murphy Elementary School would continue to be operated by the Scotia Elementary School District.

Utilities and Service Systems. PALCO currently provides all electric power to Scotia. PALCO electrical services would be sold to PG&E. Other utilities such as natural gas, telephone, cable, and fiber optic systems would remain under private ownership and management.

The City of Rio Dell would be responsible for operating water and wastewater treatment facilities. Major upgrades of the existing Scotia WWTF and infrastructure would be required to meet City of Rio Dell standards.

Two options for wastewater treatment and disposal were analyzed. Option 1 includes constructing a levee and upgrading the existing Scotia WWTF within the Town of Scotia. The City would operate two separate plants, and maintain two separate rates, for Rio Dell and Scotia customers. Option 2 would be to demolish the existing Scotia WWTF and construct a new, centralized facility, outside of the 100-year floodplain. This centralized facility would treat flows from both communities, at a uniform use rate. Option 2 requires pumping untreated wastewater year round across the Eel River. Under either option, the proposed annexation would not directly generate an increased demand for wastewater facilities.

Cultural Resources. No known archaeological resources or sites are present. Historically significant structures would be protected by the “D” Combining zone, associated design review and design guidelines that would be implemented by the City of Rio Dell. As part of the subdivision, the City of Rio Dell was requiring full frontage improvements (curbs, gutters, and sidewalks) that meet current American Disabilities Act (ADA) requirements. Due to the historical

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significance of the Town of Scotia as a whole, the impacts of these improvements on the historic integrity of the town would be significant, adversely affecting its eligibility for historic district status. Additionally, the sale of individual lots and the loss of the overall company town orientation of its residents would likely result in a change in the social fabric overtime. Mitigations may not reduce indirect impacts on these “intangible assets” (social fabric) to less than significant levels. This change would likely be significant and unavoidable. This change, however, is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)).

Aesthetics. The aesthetics or visual character of the town would be protected through the “D” combining zone and associated design review and design guidelines. Implementation of frontage improvements (curbs, gutters, and sidewalks) would significantly alter the aesthetic character of the town’s residential and commercial neighborhoods.

Transportation and Traffic. Increases in traffic would be constrained by the relatively stable population level and limited opportunities for employment through commercial or industrial development that could generate additional traffic. Little to no increase in traffic would maintain the current Level of Service (LOS) “A” classification for selected roadways and intersections. No significant increase in local or commuter traffic would be likely as a result of annexation.

Natural Environment. Upgrades to the existing Scotia WWTF could result in environmental impacts. Option 1 includes constructing a levee around the existing WWTF, which along with other upgrades to the WWTF, could involve extensive ground disturbance. Construction activities such as trenching, excavation, and filling could disturb below ground archaeological resources, increase noise and air emissions, and result in erosion and sediment release adversely affecting water quality. These impacts would be subject to mitigation measures to reduce the impact to less than significant.

Option 2 calls for demolishing the existing WWTF in Scotia (and presumably Rio Dell) and constructing a sewage lift station at an unspecified site. The new WWTF would be constructed at an unspecified site above the 100-year floodplain. The new WWTF would serve both Rio Dell and Scotia.

Option 2 could result in significant environmental impacts. Construction activities such as trenching, excavation, and filling could disturb below ground archaeological resources, increase noise and air emissions, and result in erosion and sediment release adversely affecting water quality. Depending on the location of new facilities, construction could encroach upon biological and agricultural resources. Crossing the Eel River with untreated wastewater could pose a risk for accidental spillage.

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4.4 Alternative B—Home Owners Association and Private Utilities

4.4.1 Description

Alternative B would involve a subdivision of residential, commercial, and industrial parcels, which would then be available for sale. Individual parcels would be maintained by individual owners. The same amendments to the County General Plan, zoning code text, and rezones would still be necessary to bring consistency between General Plan land use designations and zoning classifications as well as reflect actual use on the ground. The combining zones “N,” “D,” and “P” would also be a part of this alternative. A Home Owners Association (HOA) would be created to maintain common areas such as alleys and certain roads, streetlights, landscaped open spaces, and parks. The HOA would be a non-profit organization with an elected board of directors.

The water and wastewater treatment facilities would be sold to private parties to own and operate within the existing Town of Scotia. PALCO electrical services would be sold to PG&E. Other existing private utilities such as natural gas, cable, telephone, and fiber optic cables would continue as privately-owned and operated. The County would continue to maintain dedicated streets and roadways.

4.4.2 Impact Evaluation

Land Use and Planning. Under Alternative B, existing land uses and zoning classifications would remain the same. Land use and zoning regulations would continue to be under the jurisdiction of Humboldt County. Changes in actual land use would be allowed within existing zoning regulations. Residential, commercial, and industrial areas would continue to operate under the same uses or other uses allowed in the base zone.

Population and Housing. Population levels and demand on available housing would remain the same under Alternative B. The subdivision would create five vacant parcels: three residential and two commercial. Development of the parcels would not result in significant increases in population or housing.

Public Services. The County would continue to maintain dedicated street and roadways. The HOA would maintain alleys and certain roads, streetlights, landscaped open spaces, and parks. The Stanwood A. Murphy Elementary School would continue to be operated by the Scotia Elementary School District. The County Sheriff’s Office would provide law enforcement services.

The Scotia Volunteer Fire Department would remain responsible for fire protection. No change would result in the capacity of public services to meet current demand.

Utilities and Service Systems. The water and wastewater treatment facilities would be owned and operated by a private utility. PALCO would continue to operate a 25-mega watt cogeneration plant providing all electric power to Scotia. PALCO would sell the power distribution system within Scotia, including the poles, conductors, transformers, and meters to PG&E. PALCO would

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continue to sell excess power to PG&E. PG&E would continue to own and operate the natural gas distribution network in Scotia. Other utilities such as telephone, cable, and fiber optic systems would remain under private ownership and management. No change would result in the capacity of utility systems to meet current demand.

Cultural Resources. No known archaeological resources or sites are present. The HOA would maintain common areas within the community such as parks, selected streets and roadways, and streetlights. Individual property owners would be responsible for maintaining historically significant properties and buildings. Within the context of the “D” combining zone establishing a design review procedure, the HOA could develop Covenants, Conditions, and Restrictions (CC&Rs) to provide guidelines for design review and approval of alterations or new construction. The CC&Rs would be a legal agreement to maintain the subject property in accordance with historic preservation performance standards as incidental to the deed for property ownership. Within the “D” combining zone impacts to cultural resources would likely be less than significant. Additionally, the sale of individual lots and the loss of the overall company town orientation of its residents would likely result in a change in the social fabric overtime. Mitigations may not reduce indirect impacts on these “intangible assets” (social fabric) to less than significant levels. This change would likely be significant and unavoidable. This change, however, is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)).

Aesthetics. The aesthetics or visual character of the town would be protected through the “D” combining zone developed and implemented by the HOA, which would govern the residential neighborhoods with historically significant structures.

Transportation and Traffic. Stable population levels and limited employment opportunities through commercial or industrial development would likely result in no significant increase in local or commuter traffic. Little to no increase in traffic would maintain the current LOS “A” classification for selected roadways and intersections. No significant increase in local or commuter traffic would be likely as a result of the subdivision, formation of a HOA, and privatization of water, wastewater, and electric utilities.

The environmentally superior alternative is that alternative that causes the least damage to the environment and best protects community and natural resources. Because the “No Project” alternative assumes that no change will occur, it is the least environmentally damaging. However, the “No Project” alternative would not allow the project to achieve any of its objectives.

CEQA Guidelines Section 15126.6 (e) (2) states, “If the environmentally superior alternative is the “no project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.”

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Community Services District (CSD) and Subdivision. The formation of a Community Services District (CSD) and implementation of the subdivision would not result in any changes, direct or indirect, to the community or natural environment. The subdivision will create three vacant residential parcels and two vacant commercial parcels that could be developed in the future, as well as relocation of selected existing public utility lines to public rights-of-way. Development of these parcels would not result in significant environmental impacts that could not be mitigated to less than significant. Rate increases, if any, necessary to support improvements to public utility lines would likely be affordable to existing “working class” residents maintaining the working town atmosphere.

The General Plan amendments, text amendments to the zoning code, rezone, and application of combining zone for Noise (N), Design Control (D) and Planned Development (P) are necessary to bring existing land uses in compliance with underlying zoning and land use designations of the General Plan. The combining zones will address applicable residential areas subject to noise levels in excess of County noise compatibility standards (N zone); control, safeguard, preserve, and enhance areas of historical, scenic, civic or cultural values of the Scotia (Design Control “D” zone); and encourage planned developments, and to allow flexibility in the administration of the development standards of the underlying principal zone (Planned Development “P” zone). The Design Guidelines prepared for the Town of Scotia will be incorporated into the ordinance creating the “D” combing zone and design review procedure. These guidelines will ensure that repairs, additions, and new construction will maintain the historic qualities of individual structures and the town as a whole.

Subdivision regulations typically require frontage improvements such as curb, gutter, and sidewalks, including compliance with ADA. Currently, frontage improvements do not exist in many areas, especially residential neighborhoods. This Program EIR assumes the majority of the newly-created parcels will not be required to include frontage improvements. While the ”P” combining zone can be used to address non-compliance with setbacks, lot coverage, and other regulations of the underlying zone, it does not address subdivision improvements. It would be imperative that the County Department of Public Works considers the historic aspects of the Town of Scotia in their conditions of approval of the final subdivision map.

The combination of the D, P, and Q Combining zones and associated design review and design guidelines will reduce potentially significant impacts on Scotia’s historical physical structures, including streetscapes elements and its eligibility for historic district status, to less than significant. However, mitigations may not reduce indirect impacts (changes) on the social fabric (such as the “ways in which people relate to one another, organize, socialize, and generally cope as members of a company town”) to less than significant levels. This change will likely be significant and unavoidable. This change, however, is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)).

Alternative A—Annexation and Subdivision. Annexation of the Town of Scotia to the City of Rio Dell and subdivision would not result in any changes, direct or indirect, to the community or natural environment. Development of three vacant residential parcels and two vacant commercial parcels would not result in significant environmental impacts that could not be mitigated to less than significant.

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Annexation would transfer all of the services currently provided by PALCO and Humboldt County to the City of Rio Dell. General Plan amendments and rezone, and application of combining zones for Noise “N”, Design Control “D” and Planned Development “P” are necessary to bring existing land uses in compliance with underlying zoning and land use designations of the City of Rio Dell General Plan. Creation of a Timber Production Zone (TPZ) would also be necessary. As with the preferred project, the combining zones will address applicable residential areas subject to noise levels in excess of City noise standards; control, safeguard, preserve, and enhance areas of historical, scenic, civic or cultural values of the Scotia; and, encourage planned developments, and to allow flexibility in the administration of the development standards of the underlying principal zone.

In order to bring the Scotia WWTF up to City of Rio Dell standards, modifications must take place. Construction of these modifications could result in significant environmental impacts to archaeological resources, air emissions, noise, water quality, biological and agricultural resources. Strict application of City subdivision standards requiring full frontage improvements (curb, gutter, sidewalks) could compromise the integrity of historic resources. Substantial increases in utility rates to support major improvements to the Scotia (or combined) WWTF, relocation of public utility lines and full frontage improvements could displace existing “working class” residents in favor of a more “affluent” class. This could result in a significant impact to the “working town” atmosphere of the Town of Scotia.

The combination of the D and P Combining zones and associated design review and design guidelines will reduce potentially significant impacts on Scotia’s historical physical structures, including streetscapes elements and its eligibility for historic district status, to less than significant. However, mitigations may not reduce indirect impacts (changes) on the social fabric (such as the “ways in which people relate to one another, organize, socialize, and generally cope as members of a company town”) to less than significant levels. This change will likely be significant and unavoidable. This change, however, is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)).

Alternative B—Home Owners Association and Private Utilities. Alternative B involves a subdivision of residential, commercial, and industrial parcels, which would then be available for sale. County General Plan amendments and rezone, and application of combining zones for Noise “N”, Design Control “D” and Planned Development “P” are necessary to bring existing land uses in compliance with underlying zoning and land use designations. An HOA would be created to maintain common areas such as alleys and certain roads, streetlights, landscaped open spaces, and parks. The HOA would be a non-profit organization with an elected board of directors.

The water and wastewater treatment facilities would be sold to private parties to own and operate within the existing Town of Scotia. PALCO electrical services would be sold to PG&E. Other existing private utilities such as natural gas, cable, telephone, and fiber optic cables would continue as privately-owned and operated. The County would continue to maintain dedicated streets and roadways. The HOA could develop design guidelines and other regulations to protect and preserve the historically significant properties in the Town of Scotia.

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4.6 Preferred Alternative

In comparing the impact evaluation of the proposed project (CSD and subdivision) to each of three alternatives evaluated, exclusive of the no project alternative, this Program EIR concludes that the preferred project best meet the “Environmentally Superior” criteria specified in CEQA Guidelines.

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Draft Program Environmental Impact Report Chapter 5 General Plan Amendment, Zone Reclassification, and Final Map Subdivision Other CEQA Consideration Town of Scotia, January 2008

Chapter 5 Other CEQA Considerations

This chapter addresses other CEQA considerations. 5.1 Growth Inducing Impacts 5.2 Cumulative Impacts 5.3 Mitigation Monitoring or Reporting 5.4 Significant Irreversible Changes 5.5 Effects Found Not To Be Significant 5.6 Long-Term Benefits Vs. Short-Term Gains

5.1 Growth Inducing Impacts

CEQA Guidelines. California Environmental Quality Act (CEQA) Section 15126.2 (d) requires an Environmental Impact Report (EIR) to “discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment.”

Discussion. The proposed Community Services District (CSD) and subdivision would not result in a substantial increase in population. The subdivision would create three additional residential lots that could be developed. Housing developed on these newly created parcels could accommodate a small number of people (10-15). There would be no changes in the remainder of the residential areas would remain unchanged in terms of population and available housing. No additional vacant land would be made available for residential development. Similarly, the creation of two additional commercial lots, vacant and available for development, would not result in substantial increase in employment opportunities that would attract people to the area and, as a result, increase the population. No additional vacant land would be made available for commercial development. The land area within the proposed CSD boundary is already developed (built out) in residential, commercial, or industrial uses. The project would not result in any growth inducement.

5.2 Cumulative Impacts

CEQA Guidelines. CEQA Guidelines Section 15130 requires an EIR to “…discuss cumulative impacts of a project when the project’s incremental effect is cumulatively considerable, as defined in Section 15065 (a)(3).” The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided for the effects attributable to the project alone.

Discussion. The proposed CSD and subdivision would not result in a substantial increase in population. The subdivision would create three additional residential lots and two commercial lots that could be developed. Housing developed on these newly created parcels could accommodate a small number of people (10-15). There would be no changes in the remainder of the residential areas in terms of population and available housing. Similarly, the creation of two additional commercial lots, vacant and available for development, would not result in substantial increase in

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employment opportunities that would attract people to the area and, as a result, increase the population. No additional vacant land would be made available for residential or commercial development. No significant increase in employment opportunities beyond historic levels is expected that could result in increases in out of area traffic or the need for new residential construction in the City of Rio Dell or surrounding areas to accommodate new employees. Infrastructure such as water and wastewater services is adequate to support the existing population. No expansion or upgrades of water or wastewater systems are required that could increase the capacity and encourage additional development.

The Mill A building is currently occupied by the adaptive reuses listed below: Eel River Brewing Company 20,000 Square Feet Halls Sheet Metal & Welding Shop 1,600 Square Feet Dunhams Classics (Body Shop) 6,000 Square Feet Parking Area for Tow Truck Driver- Impound 500 Square Feet Remainder Available for Lease 1,200 Square Feet

In the future, other adaptive reuses may be incorporated into existing industrial facilities that are no longer necessary for timber production-related operations. At this time there are no “candidate” requests for facility reuse.

Future changes in equipment, machinery, and structures may be required as the company aligns its operations with trends in the timber market and takes advantage of new technology. Any future development of land zoned Heavy Industrial/Qualified (MH/Q) would be limited to uses allowed in the MH/Q zone.

The proposed CSD boundary, the extension of the urban limit line, and the Sphere of Influence boundary are coterminous. Surrounding topography, TPZ zoning, and the Eel River physically inhibit expansion in land area available for future development.

The land area within the proposed CSD boundary is already developed (built out) in residential, commercial, or industrial uses and no additional land would be available for additional development of residential, commercial, or industrial uses.

The “D” combining zone will establish a procedure for design review for any proposed repairs, remodels or new construction. Design guidelines adopted as part of the ordinance creating the “D” combining zone will provide criteria and evaluative procedures for ensuring continuity and compatibility with the historic qualities of the town. With these measures in place, impacts to historic resources would be reduced to less than significant.

Temporary increases in ambient noise and Particle Matter less than 10 microns in diameter (PM-10) could occur during construction of five vacant parcels and relocation of selected infrastructure to public rights-of-way prompted by the subdivision. These increases in noise and PM-10 would be short-term and temporary and mitigated to less than significant.

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CEQA Guidelines. The mitigation monitoring statute (AB 3180) states that when an agency adopts findings committing itself to mitigation measures after preparing an EIR, the agency shall adopt a reporting or monitoring program for the changes to the project that it has adopted or made as conditions of approval in order to mitigate or avoid significant effects on the environment.

Discussion. This section outlines and summarizes the monitoring program or procedures designed to measure the effectiveness of mitigation to reduce or eliminate significant environmental effects of the proposed project.

5.3.1 Significant Historical Resources

This Program EIR concludes that impacts to historically significant structures and other elements could result from the proposed project. To mitigate possible impacts to historic resources the following measures would apply:

Mitigation Measure 2.5.1a: The application of the “D” combining zone will be accomplished by a County ordinance specific to Scotia (Appendix A). This ordinance will establish a Scotia Design Review Committee to be appointed by the Board of Supervisors and adopt the design guidelines presented in Appendix D.

Mitigation Measure 2.5.1c: The application of the “P” combining zone allows for “applied development standards” and brings the project in compliance with the Humboldt County zoning code.

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Implementation of these measures will reduce any potentially significant impact on the physical condition and appearance of historic resources including historic district eligibility to a less than significant level. However, as noted above, changes in the social fabric over time will likely be significant and unavoidable. This change, however, is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)).

These mitigation measures would be implemented by the Design Review Committee, Humboldt County Planning Commission, and Humboldt County Board of Supervisors through the process of reviewing and evaluating use permits and building permits for repairs, remodels and new construction within the Town of Scotia. Additionally, the CSD would likely be involved in developing strategies for encouraging and supporting preservation efforts in Scotia in concert with Humboldt County and the historic preservation community.

5.3.2 Unknown Archaeological Resources

This Program EIR concludes that ground-disturbing activities associated with the development of five vacant parcels that would be created by the proposed subdivision and relocation of selected

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infrastructure elements to public rights-of-way could impact unknown below ground archaeological resources. To mitigate possible encounter with unknown archaeological resources the following measure would apply:

Mitigation Measure 2.5.2: In the event any archaeological subsurface resources are discovered during construction-related activities, all work within 100 feet of the resources shall be halted and the project applicant shall consult with a qualified archaeologist to assess the significant of the find. If any find is determined to be significant, then representatives of the project applicant, Humboldt County, and a qualified archaeologist would meet to determine the appropriate course of action, which would include coordination with the Native American Heritage Commission. If the discovery includes human remains, the County coroner and the Native American Heritage Commission would be contacted to determine if the human remains are of Native American origin.

This mitigation measure would be implemented by the construction supervisor or construction inspector during any ground disturbing activities associated with grubbing, grading, installation of utilities, or other below ground facilities.

5.3.3 Construction-related Air Emissions

This Program EIR concludes that construction-related impacts to air quality could occur during construction associated with the development of five vacant parcels that would be created by the proposed subdivision and relocation of selected infrastructure elements to public rights-of-way. To mitigate possible construction-related air emissions the following measures would apply:

Mitigation Measure 3.3.1: To mitigate potential impacts to air quality during construction, the following mitigation measures should be applied: Mitigation Measure 3.3.1a. All active construction areas shall be watered at a rate sufficient to keep soil moist and prevent formation of wind-blown dust. Mitigation Measure 3.3.1b. All trucks hauling soil, sand, and other loose materials shall be covered, or all trucks shall be required to maintain at least 2 feet of freeboard. Mitigation Measure 3.3.1c. All unpaved access roads, parking areas, and staging areas associated with construction shall be paved, watered daily, or treated with non-toxic soil stabilizers during construction. Mitigation Measure 3.3.1d. All paved access roads, parking areas, and construction staging areas shall be cleaned daily with water sweepers during construction. Mitigation Measure 3.3.1e. If visible soil is carried out onto adjacent streets, the area shall be washed with water or by a water sweeper truck. Mitigation Measure 3.3.1f. Hydroseeding or non-toxic soil stabilizers shall be applied to inactive construction areas (previously graded areas inactive for 10 days or more).

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Mitigation Measure 3.3.1g. Exposed stockpiles of dirt, sand, and similar material shall be enclosed, covered, watered daily, seeded and mulched, or treated with non- toxic soil binders. Mitigation Measure 3.3.1h. Traffic speeds on unpaved roads shall be limited to 10 miles per hour. Mitigation Measure 3.3.1i. Sandbags, hay bales, or other erosion control measures shall be installed to prevent silt runoff to public roadways. Mitigation Measure 3.3.1j. Vegetation in disturbed areas shall be replanted as quickly as possible. Mitigation Measure 3.3.1k. Outdoor dust-producing activities shall be suspended when high winds create visible dust plumes in spite of control measures.

Implementation of mitigation measures to reduce construction-related emissions (specifically PM-10 associated with fugitive dust and diesel exhaust) would be the responsibility of the construction supervisor and construction inspector during any activities that result in airborne fugitive dust or diesel exhaust.

5.3.4 Construction-related to Geologic Hazards

This Program EIR concludes that the construction associated with the structures and foundations of five vacant parcels that would be created by the proposed subdivision exposes people or structures to strong seismic shaking.

To mitigate potential impacts to exposure to a seismic event, the following mitigation measures should be applied:

5.3.5 Construction-related Noise

This Program EIR concludes that short-term and temporary increases in ambient noise could occur during construction associated with the development of five vacant parcels that would be created by the proposed subdivision and relocation of selected infrastructure elements to public rights-of- way.

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To mitigate possible construction-related noise the following measures would apply:

Mitigation Measures 3.6.4: To mitigated short-term and temporary increases in ambient noise due to construction related activities, the following mitigation measures are proposed: Mitigation Measure 3.6.4a. The operation of tools or equipment used in construction, drilling, repair, alteration, or demolition shall be limited to between the hours of 8 a.m. and 7 p.m. Monday through Friday, and between 9 a.m. and 7 p.m. on Saturdays. Mitigation Measure 3.6.4b. No heavy equipment related construction activities that would adversely impact residential areas shall be allowed on Sundays or holidays. Mitigation Measure 3.6.4.c. All stationary and construction equipment shall be maintained in good working order, and fitted with factory approved muffler systems.

Implementation of measures to mitigate construction related increase in ambient noise due to construction related activities would be the responsibility of the construction supervisor and the construction inspector. 5.4 Significant Irreversible Changes

CEQA Guidelines. CEQA Section 15126.2 (b) requires EIRs to describe “significant environmental effects, which cannot be avoided if the proposed project is implemented. Describe any significant impacts, including those, which can be mitigated but not reduced to a level of insignificance.”

Discussion. The formation of a CSD and subdivision of lands within the Town of Scotia would not result in significant changes in the community or natural environment of Scotia. Measures are proposed to mitigate impacts related to historic resources, unknown archaeological resources, air emissions (PM-10) during construction, geologic hazards, and a temporary increase in ambient noise during construction. These mitigation measures would reduce these impacts to less than significant.

However, predicting or controlling the social and economic events in the future is not possible.

While the mitigation measures will protect the physical environment as required by CEQA, it perhaps should be noted—given that Scotia is one of the last company towns in the United States and the last in California—that the social fabric of the community likely will change over time. Future residents may or may not have any connection with Scotia as a timber town or a timber production heritage. The “common bond” among residents working for PALCO (for generations) or otherwise involved in the timber industry would likely give way over time to a more diverse and non-timber industry social orientation. That is, “the ways in which people relate to one another, organize, socialize, and generally cope as members of a company town” likely will change. This change, however, is not a change cognizable by CEQA, which deals only with effects “related to a physical change” (See CEQA Guidelines, § 15358(b)). While the County Board of Supervisors may wish to take particular note of it, no CEQA statement of overriding considerations is required respecting the change.

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CEQA Guidelines. CEQA Guidelines Section 15128 requires that the EIR "contain a statement briefly indicating the reasons that various possible significant effects were determined not to be significant and were therefore not discussed in detail in the EIR."

Discussion. This Program EIR determined that the majority of possible significant effects would not be significant. Project features such as the proposed design guidelines are incorporated into the project to avoid significant impacts to historic resources. All potentially significant impacts have been mitigated to less than significant. Each of these potentially significant effects is discussed in detail in both “Community Environment” (Chapter 2) and “Natural Environment” (Chapter 3). In each of these cases, the bases of the findings of “no impact” or “less than significant impact” are documented. The following is a list of potentially significant impacts found not to be significant:

Community Environment: · · Land Use and Planning Cultural Resources · · Population and Housing Aesthetics · · Public Services Transportation and Traffic · Utilities and Service Systems

Natural Environment: · Hydrology and Water Resources · Biological Resources · Hazards and Hazardous Materials · Agricultural Resources · Energy and Mineral Resources · Soils and Geologic Resources

5.6 Long-Term Benefits Vs. Short-Term Gains

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Chapter 6 References California Department of Fish & Game, Wildlife & Habitat Data Analysis Branch. (August 3, 2006). California Natural Diversity Database. Sacramento: CDFG. California, Office of the Attorney General. (1988). California Codes, Revenue And Taxation Code, Section 99-99.2 and Section 70-74.7. Sacramento: California Attorney General. California Office of Planning and Research. (1990). “Maximum Allowable Ambient Noise Exposure.” Sacramento: OPR. California Scenic Highway Mapping System. . California, State of. (NR). The California Environmental Quality Act, Title 14. California Code of regulations, Chapter 3. Guidelines for Implementation of the California Environmental Quality Act. Sacramento: State of California. County of Humboldt. (2005). “Natural Resources and Hazards Report,” Humboldt County 2005 General Plan Update. Eureka: Humboldt County. ---. (NR). Humboldt County LAFCo Guidelines and Procedures Section II Basic Procedures and Section III District Formation. Eureka: Humboldt County. County of Inyo v. City of Los Angeles, 124 Cal. App. 3d 1. Federal Emergency Management Agency. (July 1982) Flood Insurance Rate Map for Scotia, “Humboldt County, CA Community Panel No. 060060 1305 B.” NR:FEMA. Hamilton, Daniel. Executive Officer of the Humboldt County LAFCO. (December 5, 2007). Email regarding the Review of Scotia CSD application. , ---.(December 11, 2007). email correspondence. Humboldt County Planning and Building Department. (As Amended February 9, 1998). Humboldt County General Plan Volume 1 Framework Plan. Eureka:HPB. International Conference of Building Officials. (2001). 2001 California Historical Building Code, California Code of Regulations, Title 24, Part 8. Whittier:ICBO Kelly O’Hern and Associates. (February 8, 2006). Information Regarding a Planned Development Permit for the Town of Scotia. Eureka:Kelly O’Hern. ---. (February 8, 2006). Report Regarding Existing Parking in the Town of Scotia. Eureka:Kelly O’Hern. North Coast Information Center. (September 25, 2006). Letter to Gerry Takano regarding historical resources. Eureka:NCIC. Pacific Municipal Consultants. (December 2007). “Review of Detailed Engineering Analysis for Development of the Scotia Community Services District (CSD) LAFCo Application by SHN Consulting Engineers & Geologists (SHN), April 2007.” Rancho Cordova:PMC. PALCO. (January 6, 2005) “An Assessment of Scotia’s PALCO Mill Pond as Habitat for Local Pond- breeding Amphibians and the Northwestern Pond Turtle.” 2nd Draft to December 28, 2004 Technical Memorandum. Scotia: PALCO.

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--- (December 13, 2004a). “Scotia Pond Survey: Avian Wildlife.” Scotia: PALCO. --- (December 16, 2004b). “Rare Plant Habitat Assessment Survey Report.” Scotia: PALCO. SHN Consulting Engineers & Geologists, Inc. (October 2007). Capacity Assurance, Management, Operation, and Maintenance Program, Town of Scotia Wastewater Collection System, Scotia, California. Eureka:SHN. ---. (September 2007). Environmental Study of the Town of Scotia. Eureka:SHN ---. (November 2007). Town of Scotia Community Service District Municipal Service Review. Eureka:SHN. ---. (April 2007). “Town of Scotia Community Service District Detailed Engineering Analysis Development of the Scotia Community Services District LAFCo Application.” Eureka: SHN ---. (March 2007). Spill Response and Notification Plan for Sanitary Sewer Overflows: PALCO – Town of Scotia; NPDES Permit No. CA 006017; WDR Order No. R1-2006-0020; Facility ID. No. 1B831040HUM. Eureka:SHN. ---. (July 2006). Initial Study: Proposed Annexation of Scotia to the City of Rio Dell, California. Eureka: SHN. ---. (January 2006). Geologic Hazard Evaluation Report: Town of Scotia, Humboldt County, California. Eureka: SHN. ---. (July 2005a). “Environmental Sound Assessment for Residential Rezone and Subdivision of Scotia, California.” Eureka:SHN. ---. (July 2005b). Traffic Analysis: Scotia Rezone and Subdivision. Eureka: SHN. ---. (March 2003). California Accidental Release Program: Pacific Lumber Company Scotia Sawmill Complex and Town Site. ---. (September 2002). Phase 1 Environmental Site Assessment (ESA) that was completed for PALCO’s industrial facilities included environmental information on the surrounding area. ---. (August 2000). Stability Evaluation, Existing Log Pond Embankment, Scotia, California. Eureka:SHN. TBA West, Inc. (October 2007). Scotia Historic Assessment Study, Scotia, California, County of Humboldt. San Francisco, TBA West. ---. (September 29, 2006). Miscellaneous communication. San Francisco:TBA West. ---. (October 24, 2007). Scotia’s Historic & Cultural Resources & Design Guidelines. SanFrancisco:TBA West. Tibor, David, P., ed. (2001). Inventory of Rare and Endangered Plants of California, 6th Edition; Special Publication No. 1. Sacramento: California Native Plant Society. United States Code of Federal Regulations. (October 2, 1968, as amended 1972, 1974-1976, 1978- 1980, 1984, 1986-1994 and 1996). Wild and Scenic Rivers Act, 16 USC §§ 1271-1287. Washington D.C.:USC. ---. (October 2, 1968, as amended 1972, 1974-1976, 1978-1980, 1984, 1986-1994 and 1996). “Floodplain Management and Protection of Wetlands,” Federal Code of Regulations (44 CFR Section 9.2. Washington D.C.:USC.

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6-2 Draft Program Environmental Impact Report Chapter 6 General Plan Amendment, Zone Reclassification, and Final Map Subdivision References Town of Scotia, January 2008

---. (October 2, 1968, as amended 1972, 1974-1976, 1978-1980, 1984, 1986-1994 and 1996). Federal Code of Regulations (44 CFR Section 9.2). Washington D.C.:USC. ---. (NR). §1910.119 Process safety management of highly hazardous chemicals. (29 CFR. Section 1910.119. Washington D.C.:USC. ---. (NR). Magnuson Fishery Conservation and Management Act (MFCMA) (16 USC § 1801 et seq.). Washington D.C.:USC. United States Department of Energy. (May 1, 1978). Public Utility Regulatory Policies Act of 1978. Annual report to Congress. Washington D.C.:USC. United States Department of the Interior. (1992) Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings. Washington D.C.:USDI. Western Regional Climate Center. (NR). Climate data. Wheeler, Michael. Planning Division, Humboldt County. (August 7, 2007). Email regarding setbacks from streams among other policies pertinent to development at urban densities. Winzler & Kelly, Consulting Engineers. (NR). Town of Scotia Phase 1 Environmental Site Assessment for Annexation to The City of Rio Dell. Eureka:W&K.

Personal Interviews Bryant, Don. Pacific Lumber Company. (August 27, 2007). Personal communication regarding PG&E. Salmon, Gillian. Pacific Lumber Company. (September 25, 2007). Phone conversation regarding number of residences and vacancy rate in Scotia.

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Draft Program Environmental Impact Report Chapter 7 General Plan Amendment, Zone Reclassification, and Final Map Subdivision List of Preparers Town of Scotia, January 2008

Chapter 7 List of Preparers

SHN Consulting Engineers and Geologists, Inc.

Mike Foget, P. E. Rosalind Litzky, Assistant Environmental Planner

Consultants

Michael Sweeney, AICP Consulting Environmental Planner

Gerry Takano, TBA West, Inc.

David E. Lindgren, Downey/Brand, Attorneys, LLP

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Appendix A Sample D Combining Zone Ordinance

Appendix B Development Plan

Appendix C Historical Resource Assessment

Appendix D Design Guidelines

Appendix E Traffic Analysis, Scotia Rezone and Subdivision

Appendix F Geologic Hazard Evaluation Report

Appendix G Environmental Sound Assessment for Residential Rezone and Subdivision of Scotia, California

Appendix H Sensitive Species Potentially Present in the Project Vicinity