HomeMy WebLinkAbout065-010-001\
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August 22, 1989
Energy Growth Partnership I
No. 10 Lombard, Suite 410
San Francisco, CA 94111
CERTIFIED MAIL
LJ -1-1- P _
L A N D O F N A T U R A L W E A L T H A N D B E A U T Y
PLANNING DEPARTMENT
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: (916) 538-7601
Re : Use Pe-rm It., -A-P 065-0-1 -0-001 , etc.
Gentlemen:
En=losed Is your validated Use Permit No. 88-44 to allow -an 11.9
MW hydroelectric project on property zoned TM -20 and TM -40
Iccated on DeSa-bla Powerhouse Road, 1800 feet west of the Skyway,
DeSabla area.
.Should you have any questions regarding this matter, please
contact this office between 10:00 a.m. and 3:00 p.m.
Sincerely,
K rcher
Director of Planning
BAK:Ir
Enc.
CC: Department of Public Works (2)
Environmental Health
Department of Forestry
USE PERMIT
BUTTE COUNTY BOARD OF SUPERVISORS August 22, 19-89
DATE: (Certified Mail Rec.)
88-44
PERMIT NO.
AP 065-01-01,. 3,31,33,34,35
ASSESSOR'S PARCEL NO.
Pursuant to
the provisions
of the
Zoning Ordinance
of the County of
Butte and the
special conditions
set forth below:
Energy Growth
Partnership
I is hereby
granted•
a Use Permit in
accordance with
application
filed: January
15, 1988
to allow an 11.9
MW hydroelectric
project, on
property zoned
TM -20 &
40, located on DeSabla
Powerhouse
Road, 1800
feet west of the
Skyway,
DeSabla area.
1. Failure to comply with the conditions specified herein as the
basis for approval of application and issuance of Permit,
constitutes cause for the revocation of said permit in
accordance with the procedures set forth in the Butte County
Zoning Enabling Ordinance.
2. Unless otherwise provided for in a condition to a use permit,
all conditions must be completed by the permittee within 12
months of the delivery of the countersigned permit to the
permittee.
3. If any use for which a use permit has been granted is not
established within one year of the date of receipt of the
countersigned permit by the permittee, the permit shall be
come null and void and reapplication shall be required to
establish the use.
SPECIAL CONDITIONS:
1. For safety purposes DeSabla Powerhouse Road shall be blocked to
prevent public traffic during the time of construction and a sign
explaining alternative access to the Butte Creek Canyon shall be
provided.
2. Doe Mill Road or any other public right-of-way used for access to
the project site shall be improved by the property owners or their
representative to allow the safe negotiation of all construction
vehicles and other vehicles pertaining to the project, and such
improvements shall meet the standards set forth by Chapter 20 of
the Butte County Code, Standard Number RS -7. Such roadway
improvements as mentioned above shall be completed within four
weeks after the start of any construction on the proposed project.
RS -7 is to be considered an acceptable roadway standard and those
portions of pubic roadway used for access to the proposed project
which does not meet such a standard shall be improved.. DeSabla
Powerhouse Road shall be improved to Bureau of Land Management
standards as set forth by the adopted EIR for the project.
3. Doe Mill Road and other public right-of-way used for access to the
project site shall be maintained at all times during the
construction period of the proposed project to the standards set
forth by Chapter 20 of the Butte County Code, Standard Number RS -
7. DeSabla Powerhouse Road shall be maintained at all times
during the construction period to the standards of BLM as set
forth by the adopted EIR for the project.
4. Existing County roads used for access to the project site damaged
as a direct result of the construction and maintenance activities
related to the project will be repaired to a condition equal to or
better than their condition prior to construction or maintenance
activities which left the damage.
5. Meet the requirements of the Butte County Environmental Health
Division, including:
a. Provide portable toilets at construction sites and have them
serviced and pumped by a licensed septic tank pumper.
b. No permanent toilet facilities shall be permitted.
C. All fuel storage, or hazardous materials storage shall meet
all state and County regulations. Any underground storage
.shall be constructed under permit and inspection from the
Butte County Division of Environmental Health.
6. The property owners or their representative shall provide
information to the Butte County Environmental Health Division of
types and sizes of fuel storage facilities. Show paving and
dik_ng for leak and spill protection on all above ground fuel
tanks prior to the installation of any fuel storage facility.
7. Dust control activities shall be conducted on all access roads to
control dust caused by construction vehicles. Those segments of
the access roads which front properties or parcels with existing
residential uses shall be treated with SC 250 a dust' binder 200
feet past the property lines of such frontages. Watering for dust
abatement shall be conducted a minimum of twice daily on all other
stretches of access roadways not treated by the SC 250 dust
binder. Dust binding shall be implemented at completion of
roadway upgrading which shall occur within four weeks after
starting construction and shall be installed prior to any work
being conducted on the diversion structure.
8. Spoils and tunnel aggregate from the development of the proposed
project shall not be stored more than 12 months after completion
of the proposed project at the PG&E storage site. The storage
site for spoils and tunnel aggregate shall be revegetated at such
time of,removing the spoils.
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9. In order to minimize the potential for erosion and sedimentation
of the creek caused by road improvements on Black Prince Mine
access road, standard erosion techniques shall be utilized. The
standards of road construction set by the Bureau of Land
Management or other regulatory agencies as well as the EIR shall
be met.
10. The property owners or their representative shall post a $75,000
maintenance bond, or in lieu thereof, provide a certificate of
deposit or annuity, naming the County of Butte the primary
depositor to indemnify the County of Butte from any potential
damages which may result from the actions or activities of Energy
Growth Partnership I or their agents in developing the proposed
project. Such bond, or certificate of deposit, or annuity shall
be held by Butte County until such time as construction of the
hydro electric project proposed is completed. Such maintenance
bond or certificate of deposit or annuity shall be submitted for
approval by the Butte County Planning Department prior to the
issuance of the requested Use Permit.
11. In recognition of the historical nature of the Powerhouse site the
property owners or their representative shall install at
completion of the project a monument interpreting the local
historical significance of the site. Monument style, design and
historical content shall be developed by the property owners or
their representative to the approval of the Planning Commission.
The costs of constructing such a monument shall not exceed $5,000.
The design shall incorporate anti -vandalism design concepts.
12. Any disturbed areas caused 'by construction or maintenance
activities, or storage of spoils, shall be revegetated as
necessary to minimize the potential for erosion. The property
owners or their representative will work closely with the Bureau
of Land Management, regulatory agencies, and County of Butte to
establish specific times for revegetation activities on a site by
site basis. All aspects of the erosion control plan outlined in
Appendix III of the Supplement to the Environmental Impact Report,
State Clearing House #83013001 shall be strictly adhered to.
13. All recreation and aesthetic impacts of the project shall be
mitigated by:
a. The diversion dam shall be grouted with native boulders,
placed in an irregular, natural design to reflect the natural
setting as much as possible. Design concepts shall be to the
approval of the Bureau of Land Management landscape
architect.
b. Adit slopes shall be revegetated with native vegetation as
soon as possible to reduce the effect of fresh cuts.
C. To insure unhampered public access to Butte Creek at the
powerhouse site a trail and stairs shall be provided -as
approved by the.Bureau of Land Management.
d. Energy Growth Partnership I has agreed to the following
improvements to recreational facilities in the project
vicinity. All improvements shall be made in accordance to
agreements made between the project proponent, BLM, and the
Butte Creek Trail Council. Butte Creek Trail Council in
accordance to a memorandum of understanding with the BLM will
administer the recreation fund identified below:
1. Footbridge repair: Two footbridges crossing unnamed
creeks in the first mile of the Butte Creek trail will
be rebuilt.
2. Parking area development: A parking area will be
developed adjacent -to the gravel pit site for the users
of the lower Bureau of Land Management trail beginning
at the PG&E DeSabla access road. The lot will be
gravelled and wheel stops provided.
3. Sinage: Directional signs will be provided to indicate
the new Bureau of Land Management parking area and
identify the trailhead.
4. Recreation.fund: A $20,000 fund will be set aside for
use in trail maintenance and recreation in the future.
5. Gravel pit: The existing gravel pits to be utilized as
a tunnel aggregate storage site will be rehabilitated by
bringing in topsoils, recontouring and landscaping with
native materials.
14. Exposed surfaces of the 100 foot penstock will be finished in a
non -reflective natural color to minimize the contrast with
surrounding scenery in accordance to the certified EIR for the
project.
15. All powerhouse development should meet the Bureau of Land
Management land use criteria and any other policies for mitigation
measures required to reduce impacts to the aesthetics or
recreational value of the canyon.
16. Cultural resource impacts shall be reduced 'by:
a. Cultural.resource identified as CA -BUT -868 shall be mitigated
by:
1. Performing a limited archival search and personal
interviews. Searching PG&E publications, and records for
photographs.. and accounts of the site and its
constituents. Also interviewing former residents of the
site.
2. Locate and map the site remains using the existing
topographical data developed for project design. In
addition, photograph any and all remains.
3. An evaluation of occupational refuse should be
performed. Also evaluate and illustrate, as
appropriate, a representative sample of remains
recovered from the scatters.
4. Prepare an archaeological report according to
professional standards. Submit a report to the Bureau
of Land Management, State Historical Preservation
Officer, Federal Energy Regulatory Commission, the
County of Butte Planning Department, and Pacific Gas and
Electric for review and awareness. Distribute reports
among regional libraries for public use.
5. Erect a monument telling of the history of the site upon
completion of construction in accordance to Condition 11
of this use permit.
17. To prevent conditions favorable to "keeper hole" development, the
diversion structure sha11 be constructed with an irregular top.
18. Pursuant to Section 5937 of the Fish and Game Code, the property
owners or their representative shall continually release 47cfs
from its intake structure for the maintenance of Butte Creek's
fishery and riparian resources. The required stream flow release
will occur in an automatic fashion.
19. Water will be measured immediately downstream of the diversion dam
via a gauge approved by the Department of Fish and Game, to insure
that the required minimum instream flow of 47cfs is released.
Such measurement shall be recorded by the project operator and
monitored by the California Department of Fish and Game.
20. To prevent fish stranding, increases in the -amount of water
diverted shall be gradual and at a rate not to exceed 30% of the
total stream flow.per hour.
21. A fish screen acceptable to Fish and Game shall be installed on
the intake structure, and shall be properly operated and
maintained by the property owners or their representative.
22. The property owners or their representative will, by a method
acceptable to the Central Valley Regional Water Quality Control
Board, and the Department of Fish and Game, remove sand and
sediment from the pool immediately upstream from the intake
structure on Butte ' Creek to a site acceptable to the
aforementioned agencies. A self-cleaning diversion weir would be
an acceptable alternative.
23. At least ninety days prior to start of construction, the property
owners or their representative will submit, to the Department of
Fish and Game, for its review and approval, engineered drawings
for the intake structure, the fish screen, and the powerhouse tail
race. These drawings shall be designed by a state -licensed civil
engineer. The intake structure shall be designed to pass the 100
year flood flow and the outlet of the fish and water flow release
shall be constructed in such a manner that silt and debris does
not obstruct the outlet and the release is made accurately,
continually, and automatically. The powerhouse tailrace should be
designed to prevent stream bank erosion when water is released
from the powerhouse.
24. Pursuant to section 1603 of the Department of Fish and Game Code,
the property owners or their representative will, prior to the
beginning of the project construction, notify the Department of
Fish and Game and enter into a stream bed alteration agreement,
not inconsistent with the terms of this agreement, with the
department to protect fish and wildlife resources during project
construction.
25. The property owners or their representative will for the life of
the project,permit access to the.project by agents representing
the Department of Fish and Game, without prior notification, to
insure proper incorporation in operation of fish and wildlife
protection measures.
26. The property owners or their representative will implement any
remedial action and/or measures found necessary by the Department
of Fish and Game to protect, maintain, or restore fish and
wildlife resources adversely impacted as a result of failure to
comply in whole or in part in any of these terms and/or conditions
for the project.
27. The property owners or their representative will maintain and
operate the project in compliance with the above-mentioned terms
and conditions and "the adopted EIR regardless of .whether it
operates under a license or any other regulatory program of the
Federal Energy Regulatory Commission.
28. The property owners or their representative will incorporate the
above-mentioned terms and conditions in any subsequent sale,
lease, conveyance or other entitlement use of interest so as to
legally assure compliance with said terms and conditions as long
as the project generates electrical power.
.29. Avoid stream pollution from substances used in construction and
operation and from pollutants released upstream at the project
area by—
a.
y—a. Enforce strict on-site handling rules as part of a spill
prevention, control, and counter measure plan to be followed
during construction and operations..
b. Systematically collect and remove sanitary wastes, used oils,
and other contaminants from project job sites and facilities.
C. Use chemical toilets at all construction sites to prevent
bacterial and nutrient contamination of the creek.
d. House all construction equipment to minimize environmental
contamination from machinery lubricants and other substances.
e. Utilize the intake structure closure device to shut down
project diversions and return full flows to the creek to
provide maximum dilution flows in case of pollution as a
result of spills or other pollution sources upstream.
30. Ponding of water behind the proposed diversion structure shall not
exceed 1.25 acres in surface area.
31. The water appropriated shall be limited to the quantity which can
be beneficially used and shall not exceed 250 cubic feet per
second to be diverted from January 1 through December 31 of each
year.
32. Transmission lines shall be designed and constructed in such a way
that they are not a hazard to raptors.
33. The property owners or their representatives shall construct the
project using an all -tunnel alignment substantially as specified
in the Supplement to the Draft Environmental Impact Report dated
October 1987 for Application 27815.
34. The State water Resources Control Board reserves jurisdiction over
this permit until after the proceeding on Application 28535 of
Pacific Gas and Electric Company for the purpose of evaluating the
public interests issues to determine whether the public interest
requires a reversal of the priorities of rights initiated by
Applications 27815 and 28535.
35. All rights and privileges to appropriate water for power purposes
under this permit and any subsequently issued license are subject
to depletions resulting from future upstream appropriation for
domestic and stock watering uses within the watershed. Such
rights and privileges under this permit may also be subject to
future upstream appropriations for uses within the watershed other
than domestic and stock watering if and to the extent that the
Board determines, pursuant to water Code Sections 100 and 275,
.that the continued exercise of the appropriation for power
purposes is unreasonable in light of such proposed uses. Any such
determination shall be made only after notice to permittee or
licensee of an application for any such future upstream
appropriation and the opportunity to be heard; provided, that a
hearing, if requested,, may be consolidated with the hearing on
such applications.
36. No construction shall be commenced and no water shall be used
under this. permit until all necessary federal, state and local
J
approvals have been obtained, including compliance with any
applicable Federal Energy Regulatory Commission requirements.
37. The property owners or their representative must also comply with
all other applicable federal, state, and local statutes,
ordinances, and regulations as pertaining to the development and
maintenance of a hydro -electric project.
38. The property owners or their representative must also adhere to
all conditions and mitigation measures.stipulated by the adopted
EIR for this project.
I hereby declare under penalty of perjury that I have read the
foregoing conditions, that they are in fact the conditions which were
imposed upon the granting of this u'se permit, and that I agree to abide
fully by said conditions.
Dated:
Applicant
NOTE: Issuance of this Use Permit. does not waive requirement of
obtaining Building and Health Department permits before starting
construction, nor does it waive any other requirements.
CC: Department of Public Works (2)
Environmental Health
Division of Forestry
Butte County Board of Supervisors
.Chairman
n