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HomeMy WebLinkAbout041-030-149bP14-0004, s , ' _ yfA• R.r ON 041-030-149 'UP,14-0004'- r'NEEDLES,TRACI.- • ' ♦• �,T'}•. � .' - ✓• ^t .• •.+. , e1 ' 'i '. •.. �. 1 1 'yam/•. a f k , a Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive , Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.neVdds www.buttepeneralplan.net July 30, 2014 Ms. Traci Needles Nadelhaus German Shepherds 13213 Orchard Blossom Chico, CA 95973 Subject: Conditional Use Permit UP14-0001; Timing of approvals for your kennel, residence and related improvements at Messilla Valley Road (APN 041-030-149) Dear Traci: Thank you for the opportunity to process your application for Conditional Use Permit UP 14-0001. You seek to construct a single family home and a kennel at Messilla Valley Road (APN 041-030-149) for up to 100 dogs and 20 cats. This letter serves two purposes. It spells out the process to, get the Conditional Use Permit to a Planning Commission hearing, and it identifies major milestones and estimated approval dates to assist you in timing the construction of your kennel, residence, and related improvements. Conditional Use Permit UP14-0004 Staff discussed the application for Conditional Use Permit UP14-0004 at an Internal Department Review (IDR) meeting on July 23, 2014. CalFire/Butte County Fire noted that structures should be set back 30' from the property lines in State Responsibility Areas (SRAs). Public Works Department indicated that the encroachment permit applied for from the Public Works Department can/will be issued after approval of the Conditional Use Permit. The IDR discussion focused primary on water availability and wastewater capacity and how best to demonstrate at hearing that the water and wastewater needs of the project will be met. From similar past projects, it is our experience that these issues can be contentious in the Butte Valley area. County staff recommends that you submit the following information to address these issues: Water Yield. We understand a well is currently being drilled at the Messilla Valley site; please forward information regarding water yield to the Environmental Health Division when you have located the well site and depth. This will help demonstrate adequate provision of water for the project at the Planning Commission hearing. Staff recommends that additional work be undertaken to demonstrate adequate provisions for disposal of wastewater (i.e. septic system capacity) prior to the Conditional Use Permit hearing, given the maximum number of dogs and potential water quality concerns. a. Site Evaluation. Please apply for your site evaluation for septic systems from Environmental Health Division to help identify suitable soils for septic systems on site and to assist in determining the type/size of system required. b. Please provide a letter from a certified designer specifying the type of system(s) proposed and confirming the ability of the system(s) to meet the wastewater demands of your project. Major Milestones and Tentative Processing Schedule Four primary approvals by Butte County are required to achieve your objectives: 1) an Zoning Code Amendment to Butte County Code BCC Table 24-13-1 to allow kennel improvements in the AG zoning designation; 2) a Conditional Use Permit for the kennel at the Messilla Valley Road property; 3) a building permit for the kennel; and 4) a building permit for the residence. 1. Zoning Code Amendment The code amendment has been initiated by Butte County Department of Development Services and is taking place independent from your Conditional Use Permit and building permit applications. The needed code amendment is tentatively scheduled to go to the Planning Commission on October 23, 2014 and will proceed to the Board of Supervisors in November or December, according to our best estimates. The ordinance approving the code amendment will become effective 30 -days after Board approval. As discussed, the zoning code amendment must be approved in order to issue a building permit for the kennel. 2. Conditional Use Permit UP14-0001 Conditional Use Permit UP14-0001 is being processed concurrent with the zoning code amendment; I will process the Conditional Use Permit application through the Planning Commission while the code amendment is being processed. Your use permit has been tentatively scheduled for the Planning Commission on October 23, 2014. Based on the above estimated timeframe, the code amendment should allow you to pull a building permit for construction of the kennel as soon as the Zoning Code Amendment becomes effective. ' 3. & 4. Building Permits for Residence and Kennel You may submit your applications for the building permit for the kennel at any time, as necessary to expedite processing, but the building permit for the kennel cannot be issued by the County until the code amendment and Conditional Use Permit are approved. Building Division staff estimates it may take approximately one month to plan check your building permit for the kennel, or longer if your project team takes a long time responding to plan check corrections. You would be proceeding at your own risk (to submit a building permit prior to approval of the code amendment), because no one can guarantee the future action by the Planning Commission (on the Conditional Use Permit) or Board of Supervisors (on the code amendment). If you, like staff, believe the Conditional Use Permit and code amendment will be approved, you may submit the building permit ahead of the code amendment approval, so that the building permit for the kennel is ready to issue when the code amendment and Conditional Use Permit become effective. A residence in the Agriculture zones is a permitted use; you may be submit and obtain a building permit for the residence at this time. We understand that you will only proceed with a residence at this location if you can also build the kennel; however, you may apply for and receive the building permit at any time after proving well and septic. I hope this letter assists you in understanding and planning for the Butte County process required to approve your project. If you have questions, or I can be of assistance, please contact me at sjolliffe-buttecounty.net or 530-538- 6573. Sincerely, Stacey Jolliffe Principal Planner CC: Bret Wood, North Valley Building Systems Andy Johnson, Vertech Engineering Kristin McKillop, Environmental Health Division Chuck Thistlethwaite, Planning Manager Jolliffe, Stacey From: McKillop, Kristen Sent: Monday, July 28, 2014 3:51 PM To: 'Bret Wood, Cc: Jolliffe, Stacey Subject: RE: water supply Attachments: Directors Interpretation Large Parcels.pdf Hi Bret, Because we are not only looking at meeting conditions from each of the respective departments involved, with approving this project, but also with the mindset that Planning Commission approval will be needed for the Minor Use Permit, I think that the installation of a meter on her existing well is probably an excellent idea. Having that data available for us to use as a comparable in determining how much water will be considered adequate for her commercial use will be very helpful to provide clearance for development, but it will also prove very useful for the Planning Commission in their review. I will continue to work to obtain data from Animal Control on an upper and lower bound of usage for kennels of varying size, and this in combination with whatever data you can obtain from her current facility will be most helpful. Stacey may have mentioned to you that we had a conversation last week to discuss what needs to be done with regard to wastewater prior to Planning Commission. As you know, because this project has a commercial component, we will require that a Certified Designer be hired to work for the applicant in order to determine what type of system will be adequate for use by the residence, kennel office and possibly the kennel facility. As our Pre -App letter stated, there is a possibility that the RWQCB may have to weigh in on how to handle the co -mingling of waste should Recology ever object to the disposal of animal waste in their receptacles. We do know that the soils are likely going to be poor for the purposes of a wastewater disposal system, however I suggest that a Site Evaluation be done as soon as possible so that your client has an idea of what exists on her parcel. Something to consider is that because you are a Certified Installer,. you would be able to dig test pits and work with our staff to do initial soils evaluation for the ourooses of the residence only. This data would be useful as a first step in determining what is there, and then at the point in which your client is ready to move forward with a commercial use of the parcel, o Certified Designer would be required to do additional soils work and propose to us what type of system would be necessary to accommodate the commercial use. As you know, the Site Eval done by an Installer stays with the parcel, and so that data will be good until such time as any residential use is proposed. I have attached the Director's Interpretation for installation of wastewater systems on large parcels. It is just something for you as a refresher on some of the requirements and exceptions for parcels larger than 5 acres. Please let me know if you have any questions about this. Best, Kristen McKillop Butte County Public Health Division of Environmental Health PH (530) 538-7283, CELL, (530) 990-1866 COUNTY OF BUTTE E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto.. From: Bret Wood[mailto:bret@northvalleybuilding.com] Sent: Monday, July 28, 2014 1:36 PM To: McKillop, Kristen Cc: Jolliffe, Stacey Subject: RE: water supply 1 Kristen If I was to install a meter at Tracy's existing facility now to help us determine what her current usage is with the amount of animals she currently has, could we use that information to come up with a number? I wasn't planning to do this until this project got a little farther along but it is -something I would have to do for the design of the waste water system anyways; This would be the best time to get a realistic usage number because of the heat. Please let me know if we could use that information now or if we should wait to hear back from Linda. As always Thank you for your help. Bret Wood North Valley Building Systems #30 Seville Ct Chico, Ca 95928 Office: 530-345-7296 Cell: 530-228-4565 E-mail: Bret@northvaIleybuilding.com From: McKillop, Kristen[mailto:KMcKillop0buttecounty.net] Sent: Monday, July 28, 2014 9:33 AM To: Jolliffe, Stacey Cc: Bret Wood Subject: RE: water supply Good morning Bret and Stacey, I have attached a copy of the Water Adequacy Policy for Bret to review. Section C -4.c outlines minimum acceptable yields for a residence. I am hoping to get some comparable use data from Linda Haller from kennels in Shasta and Tehama Counties that have their water usage metered. We will have to utilize comparables to come with a number for the commercial use. I will contact Linda today. Kristen McKillop Butte County Public Health Division at Environmental Health PH (530) 538-7283, CELL, (530) 990-1866 COUNTY OF BUTTE E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto. From: Jolliffe, Stacey Sent: Monday, July 28, 2014 8:21 AM To: McKillop, Kristen Cc: 'bret@northvalleybuilding.com' Subject: FW: water supply Kristin, Would you provide Bret Wood (copied to this email) and I the answer to his question? I would have asked the question, how much water is needed for the home and kennel together? Thanks for your help. Stacey Jolliffe Principal Planner 2 DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the'sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto.. • , ,. i ,,,From: Bret Wood[mailto:bret@northvalleybuilding.com] A r, �' ,•'�^k`# ' v`'j a. S' Sento Friday, July 25,'2014 4:29 PM To: Jolliffe, Stacey - r, Subject: water supply Stacey r What`is the standard requirement for,gals Per'mintate fora:commercial "well?Tam;ask ng.in{reference.to. Tracy Needles, K ' Kennel oJect offfof MessillaValley Please let me know when you can r , Thanks ti Bret Wood } , ` + North Valley Building Systems #30 Seville Ct Chico, Ca 95928 • Office: 530-345-7296 , Cell: 530-228-4565 ' +� E-mail: Bret@northvaIleybuilding.com • , 3 + , BUTTE COUNTY PUBLIC HEALTH DEPARTMENT POLICY & PROCEDURE Subject: Potable Water Adequacy P&P #: 7201 , Approved By: Effective Date: 3/3/03 Phyllis Murdock Revision Date: 3/2/09, Director, Public Health 10/26/10 Purpose: A. Securing an adequate potable drinking water is a necessary first step for any proposed project. Health, even survival, is difficult without an adequate supply of safe water. Building a home without adequate available potable water creates a potential health hazard and may also create serious financial hardships. This policy is written to assure that new development has an adequate supply of wa- ter. B. Section 601.0 of the Uniform Plumbing Code requires that an adequate supply of pota- ble water be piped to each plumbing fixture in a dwelling. In order to assure compliance with this building requirement our office must have a means of confirming a parcel has adequate water. Before we can provide our needed sanitation clearance to the building department for the approval of a building permit we must have reasonable evidence that adequate potable water is available on the parcel. For these reasons it is necessary for our office to review the productive capacity of a well intended for a dwelling, for an addi- tional dwelling, or other occupancy use in the water supply concern area. We also must, in known areas of concern, require testing for specific contaminants to assure the well water is potable. Policy: A. Sanitation Clearances -1. The Department of Development Services requires our Division's sanitation clearance, as a condition for building permit issuance. 2. The Division will review all sanitation clearance applications for new residential or commercial developments received in connection with the construction of a dwelling in a water supply concern area of Butte County for availability of ade- quate potable water. 3. The Division will require, as a condition for sanitation clearance, additional well construction and water testing measures to address potential water quality"prob- lems in identified Areas of Concern for Water Quality. 4. The Division will require, as a condition for sanitation clearance, that a well be drilled and tested or an existing well be tested and approved for adequate pro- duction, to address potential water quantity problems in identified Areas of Con- cern for Water Quantity B. Areas of Concern for Water Quality EH Land Use Policies and Procedures — Page 2 BUTTE COUNTY PUBLIC HEALTH DEPARTMENT POLICY & PROCEDURE Nitrate Compliance Area - 'a. This is the area within CSA 114 � � ;vxr � y., • "".oma , ; ....,. where elevated levels of nitrates� have been identified and the plume of elevated nitrate levels has been tracked.' b. An 80 ft deep seal is required for all {fliH,�w domestic drinking water wells within` the nitrate compliance area, instead p s of the standard requirement of 20 ft deep seals. 2. Volatile Organic Compound (VOC) Concern Area a. This is the area identified by the State of California as being affected by a plume of VOCs. b. Applicants applying for a well permit within the VOC Concern Area are required to review and sign a disclosure statement before proceeding with the well permit process. The statement discloses the following: (1) The proposed well site is within, adjacent to, or downstream of a known VOC contaminated _ plume. i� � i (2) The • future permit holder is strongly `\ advised to work with `�`' \\' g 7 i. \n \off 'C1C\�"�\\�`\�, l• 0.S1 -T' 1 their. well contractor or en i- neer regarding regarding the potential — t _+•,1 VOC contamination because standard construction practic-Qz-: es and deeper seals might be inadequate to prevent the problem. (3) The future permit holder could become a responsible party for environmental damages and liability for remediation costs if the installation of their well affects and breadth or depth of the plume. (4) The Division strongly recommends that water from a completed will be tested for VOCs, particularly trichloroethylene (TCE) and perch loroethylene (PCE). (5) The Division will require an analysis for TCE and PCE in order to approve clearance for building permit issuance if the well will - serve as a potable water supply. C. As stated in the disclosure statement, the Division will require an analysis for TCE and PCE in order to approve clearance for building permit issu- EH Land Use Policies and Procedures — Page 3 BUTTE COUNTY PUBLIC HEALTH DEPARTMENT POLICY & PROCEDURE • ance. ' If the test level of TCE or PCE meets or exceeds the Maximum Contaminant Level (MCL) of 5 ppb, as found in the California Health and Safety ' Code's Primary Drinking Water Standards, httpJ/www.dhs.ca.gov/as/ddwem/chemicals/mcl/regextract.adf, then the well water will not be approved for domestic purposes. , C d. It must be noted that the maps utilized by the Division for delineating are- as of concern cannot do so with precise accuracy because: (1) Variations in hydraulic gradients affecting groundwater flow (2) Variations in subsurface geology affecting groundwater flow (3) Movement of the plume of contamination over time (4) Dilution of the plume over time (5) Methodologies used identifying area boundaries on a map (e.g. should the boundary follow property lines or dissect individual par- cels?) Area of Concern for Water Quantity 1. Water Quantity Problems with water quantity are best directed to licensed well drillers or pump installers. In order to.provide service to the customer, the Division will provide in- formation and assist in renovation of a well that has experienced water quantity problems. 2. Water System Use and Maintenance It is recognized that property owners have primary responsibility for the mainte- nance and long-term continued operation of their well. One aspect of well performance that can be controlled is water use. The Division will assist property owners to • understand that excessive use of their well could adversely impact the well's capacity to provide sufficient water and that con- tinued over -pumping can exhaust a well com- pletely, requiring expensive repair or possibly the construction of a completely new well. 3. The underlying geologic formations in the water quantity supply concern area of Butte County (this is roughly the area lying to the east of a line formed by Hwy. 99 north, Hwy. 149, Hwy. 70 and Palermo - Honcut Road, see map) are highly var- iable in respect to groundwater yield and re- charge. Therefore the provision of sufficient quantities of potable water for domestic pur- poses in this area can be a problem. Wells may have to be drilled very deep (800' or more) to obtain sufficient water quantity. Several wells may need to be drilled on a site to obtain sufficient water. On some parcels sufficient water has yet to be found. EH Land Use Policies and Procedures — Page 4 0 BUTTE COUNTY PUBLIC HEALTH DEPARTMENT POLICY & PROCEDURE 4.. Minimum Well Yield Requirements • a. Applicability (1) The Minimum Well Yield Requirements are applicable within the Area of Concern for Water Quantity, identified in Section II. C.3. of this policy, to all wells intended to provide domestic water to new development on existing parcels, including parcels that were cre- ated by a parcel map. (2) The Butte County Subdivision Improvement Standards have standards for proof of water wells drilled for creation of new par- cels. These wells are used as indicators of the availability of water to an area often greater than a single parcel and therefore these standards are more stringent than a well to service an individual parcel. These standards are already• incorporated into Code, and will remain in effect. They are not changed by this policy. b. Determination of Adequacy Without Requiring the Drilling of a Well (1) If Division records or other information provided clearly indicates that adequate water should be available to the individual parcel, the Division may grant the sanitation clearance without requiring that a well first be drilled. Topography, prior development and oth- er factors will be taken into consideration by the registered profes- sional in this determination for the sanitation clearance. (2) In cases where the Division does not have clear evidence that wa- ter is likely to be available on a parcel in sufficient quantity, the Di- vision will require that a well be drilled and proven adequate, prior to providing our sanitation clearance for the building permit. (3) An exception to this is that all parcels within the Cohasset Specific Plan area will require that a well must be drilled and proven ade- quate prior to issuance of sanitation clearance for the building permit. C. Minimum Acceptable Observed Well Yields (1) The minimum acceptable observed well yield shall be one (1) gal - Ion per minute or one thousand (1000) gallons in a 24-hour period, per dwelling or other approved use, measured at any time during the year. A report from a professional hydrologist, certifying the availability of adequate water to support a dwelling, may be pro- vided in lieu of the yield test. More than one well may be utilized to provide the necessary total yield. (2) If multiple dwellings are proposed on a parcel or if a single well is proposed to provide water to multiply parcels, the well must be ' shown to provide the minimum quantity of water for each and eve- ry dwelling to be connected. (3) In the instance that a well is proposed to be shared between two or more parcels, each individual parcel without its own adequate EH Land Use Policies and Procedures — Page 5 11 BUTTE COUNTY PUBLIC HEALTH DEPARTMENT POLICY & PROCEDURE ' W611 within its property boundaries must show an adequate speck fied area for a well on the parcel for all dwellings on that parcel. • - (4) Wells with an observed yield of less than three (3) gallons per mi- nute are recommended to provide water storage in addition to the storage in the well. Any complete private water system with an observed well yield of less than (1) gallon per minute per connect- ed dwelling shall be required to provide water storage. (5) When additional water storage is required, it shall require a mini- mum of one thousand gallon (1000) storage for each dwelling to be served, in a potable water tank or tanks approved by ASTM (American Society for Testing and Materials) or AWWA (American Water Works Association) or adequate storage as determined by • a licensed C-61 (pump installer), licensed C-57 well driller, or pro- fessional engineer and constructed in accordance with plans pro- vided. A copy of the signed plans must be provided to our office in conjunction with well yield data prior to approval of the water sup- ply. (6) Wells that are less than one hundred feet in depth shall be tested during the dry period of the year (July 1 through December 31) or if tested during any other time of year provide a minimum of three (3) gallons per minute yield. d. Method For Determining The Observed Well Yield (1) The Division will accept well yield test results only from: i.) Licensed C -57s ii.) Licensed C -61s pump installers iii.) Professional Engineers iv.) Registered Geologists V.) Registered Hydrologists vi.) Registered Environmental Health Specialists (2) The Butte County Standard Well Yield Test is the 4 -hour pump test as described on the attached form. This is the same test used to determine the yield for wells required under the Butte County Subdivision Improvement Standards. (3) A 2 -hour airlift test performed by a C-57 certified well driller is also an acceptable observable well yield test method. (4) A C-57 well driller shall certify an acceptable airlift yield test. This test shall be run for a minimum of two (2) hours in length and must provide the minimum information required in the 'Water Level & Yield of Completed Well' section of the State of California Well Completion Report. This- section requires the following infor- mation: the depth to first water, depth of static water level, esti- EH Land Use Policies and Procedures — Page 6 11 BUTTE COUNTY PUBLIC HEALTH DEPARTMENT POLICY & PROCEDURE mated yield, test length, date measured, test type and total draw- down. e. Well Yield Tests — Limitations and Disclaimer (1) Well yield tests are measures of a well's performance at only a given time and under the conditions at that time. Long-term per- formance of a well is not readily predictable. (2) Well yield tests cannot be relied upon as true indicators of the long-term production capabilities of a well. (3) Well yields may vary due to seasonal weather conditions, in re- sponse to long-term pumping demands, and due to geological changes. (4) It is the Division's position at this time that an airlift test result, pro- vided by a licensed C-57 well driller, provides sufficient infor- mation to make a reliable enough determination of the availability of water for wells with a yield of less than three (3) gallons per mi- nute. EH Land Use Policies and Procedures — Page 7 ' If C ,0 .0 N l Y • CATHY A. RAEVS, IMARK DIRECTOR A. LUNDBERG, M.D., M.P.H., HEALTH OFFICER i„ WWW.BUTTECOUNTY.NET/PUBLICHEALTH B1JTPVVIRONMENTAL HEALTH DIVISION P U 84 1 C HEALTH COUNTY May 30, 2014 JUN 2 4 26.14 DEVELOPMENT North Valley Building Systems SERVICES JUN 0-3 2014 Attn: Bret Wood 30 Seville Ct. BY: Chico, ,CA 95928. RE: Pre -Application for Use Permit, Messilla Valley Rd., APN 41-030-149, . PREAP14-0004 Dear Mr. Wood,. This department has completed our pre -application review to determine if it is possible to locate a commercial kennel for up to 100 dogs on the above mentioned parcel. You have indicated that there will be one to two employees five days a week and that you may have one or two customers at a time on site to drop off or pick up animals. Additionally, the applicant has indicated that their waste hauler will allow for disposal of the animal waste in their provided receptacle, and therefore the owner proposes to collect the animal waste throughout the day and deposit it in the trash. The proposed design of the kennel facility is such that it will not necessarily need to be washed down continually. Provided that the application and proposal presented to the Development Services Department conforms to the project submitted to our office, we are prepared to approve this use permit based on the following conditions: 2. Applicant must provide proof of adequate potable water to obtain a building clearance for commercial and/or residential use. A Certified Designer shall be required for the design of the commercial wastewater system. The Certified Designer shall provide proof of compliance with all applicable local and state requirements for the potential comingling of human and animal waste. 3. Provide an approximate number of gallons of water that will be used to wash down the kennel on a daily basis. You may be required to contact the Regional Water Quality Control Board and obtain Waste Discharge- Requirements. ischarge Requirements. You should be aware that other agencies will review this proposal when it is submitted to Development Services. These other agencies may have conditions that would significantly alter your project to the extent that we may need to change our conditions. Our tentative approval of this pre -application must not be interpreted as approval by the TEL- 530.538.7281 1202 MIRA LoMA DRIVE FAX- 530.538.5339 OROVILLE, CA 95965 OUR MISSION IS TO PROTECT THE PUBLIC THROUGH PROMOTING INDIVIDUAL, COMMUNITY AND ENVIRONMENTAL HEALTH TE .C.OUNTY AMNVBS, Bret Wood May 30, 2014 �j PUOLIC HEA'V Page 2of2 County for this proposal. The entire formal review procedure must still be completed through the Development Services Department. If you have any questions contact this office between 8:00 am and 5:00 pm, Monday through Friday. Sincerely, _ Charlotte Walters Environmental Health Specialist cc: Butte County Planning Department Butte County Department"of Development Services TIM SNELLINGS, DIRECTOR) PETE CALARCO, ASSISTANT DIRECTRPrTE - 7 County "Center Drive ; : 'COUNTY c Oroville, CA 95965 (530) 538-7601 Telephone JUN.+'4.014' (530) 538-7785 FacsimilepEVELOP�1ENT SERVICES APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT Applicant Name: t project Number: l/ P l `-f - (6 4 Check One ElruSE PERMIT ❑ MINOR USE PERMIT APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Pla0er 1: ❑ Complete a Pre -Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: ❑ A pre -application completion letter from Environmental Health , ❑ A Willing and -Able to" Serve Letter from the appropriate utility district ❑ A completed cooperative agreement for annexation into a utility district 2. ❑ A completed, signed Project. Information Form. 3. , ❑ A complete Project Setting Description (instructions attached). " 4. ❑ If the application issigned by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ❑ ❑ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIL) accompanied by its required topographic map and a check in the amount of $75.00 made out to 'WEIC". Iv 1 "� ,: j4- r -f :t� "i A .`� fi � > - e � r � Yti 7'. 4� .}s _ • � .',r •� � ,i. i , ve � f -ti ti {r x. , y ,'� t �r l+t`' R `t a � t.: '• h A z'., f •t �;_ -� "Applicant PI er ' � •. 1 -1 y •, *. � , ,. a :: ,t yr - , '6. ' ❑ Payment'of the currently requiredApplication Fees and/or_ Deposits. Make checks payable 3 " ► �� *`�; r to "Butte' County Treasurer" Public `Fee Schedule is available under "Fees" at: n ! ` .'` l', http://www.buttecounty.net/dds/Plarinin�/ Additional fees for publication notices will be y. v required prior to issuance of the use permit. Application fees are non-refundable. t` ; • T ` 1 ; ` _ c Applicant's Initials . '7. ❑' A creation document for the project parcel and evidence of current property. ownership. 8. ❑ SITE PLAN: Thirty (30) copies of a site map drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 11"x17" and no greater than 24" X 36", folded to 8 V? x 11". In addition, a digital copy of the map and aerial photographs are encouraged. The detailed man must include: a. ❑ ❑ Name and business address of the applicant, engineer or person who prepared the m4p. b. ❑ ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if a lip 'cable); and/or Township, Range and Section numbers. c• ❑ ❑ Proposed use and/or uses of the property. d. ❑ ❑ A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e• ❑ ❑ Property lines, lot dimensions and any applicable easements of record orproposed. f. ❑ ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting_) g. ❑ ❑ Location of all water features including, but not limited to, natural and human -made drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppmgs; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. h. ❑ ❑ Distances between any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the pTop rty lines. 1 ❑ ❑ Location, height, and materials of walls and fences (sections may be required). ❑ ❑ Internal' circulation pattern, if applicable. -k• ❑ ❑ Existing fire hydrants within 1000 feet. 1. ❑ ❑ Approximate location of all buildings; wells, septic tanks and leach fields within 100 feet, on adjacent properties. m- ❑ ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site: o• ❑ ❑ Any existing faults or fractures and geologic hazards. - . p ❑ ` ;Applicant ❑; Elevation contours, at an appropriate vertical, scale. q` ❑ " ❑ k r...-_ t ! �" t❑: Off-street parking pursuant, to, coupty code. ;. ' • ` lHt � y } ✓ , _{ � r c � r}.rt - �� 7 �. ,. r �,� -" _ ' � a,t x ti �iy i`.° A Jit; � L � r � n ['...a..e 4 [ � +.r � '..;.' _1 .,• All maps must be clear and legible.!'- egible:' � � �� r. , - . p ❑ ` ;Applicant ❑; Elevation contours, at an appropriate vertical, scale. q` ❑ " ❑ k Indicate at least one route from the property to;a publicly=maintained`road: r ❑ t❑: Off-street parking pursuant, to, coupty code. s ❑ ❑' Indicate 'scale and include a north arrow oriented to the top of the sheet. t• - ❑ .. ❑ All maps must be clear and legible.!'- egible:' ,Applicant Planner K 9. ❑ ❑ .Building Elevations X10. ❑ ❑ If applicablea proposed landscaping and irrigation plan on a separate sheet. 'IL • ❑ r El 'If applicable, providea conceptual grading plan'. Items to be shown on the plan include: F 4. a' ❑ - ❑ Natural areas to be preserved, El ❑ Proposed cut and fill areas in contrasting colors or patterns: r C. ❑ ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries.. • d. ❑ ❑ Proposed drainage aria flood control facilities. e. ❑ ❑ Erosion control measures and best management practices,(e.g., - slope landscaping). f ❑ ❑ Natural drainage. gr El- ❑ ` Location of retaining walls, drainage channels and existing structures.', h. '' ❑ ❑ Location, elevation and size of proposed building pads. Additional information may be required in order • to clarify, correct or supplement the above submittal information or to complete any required environmental review- documents, as deemed necessary by the Department of Development Services, Public .Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of . Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have* any questions about these requirements. ; z Signature: Date: Applicant/Representative Signature: V I- Date: -2`7 I Planner Receiving Application KAPlanning\FORMS\APPLICATIONS\UsePeimit MinorUP.doc Revised 07/26/06 . r 4 Butte County DeparturetAU-R-CO", Development Service TIM SNELLINGS, DIRECTOR I PETE ASSISTANT DIRECTOR (�{)NT T 7 CountyCen'ter Drive Oroville, CA 95965 'JUN, 2 4 x'014 (530) 538-7601 Telephone (530) 53&7185 Facsimile , D EV E LO P v1 ENT SERVICES '' _ �Ye�► � "� 1�.'i'� I e, , � _�T�= � � ! ". Pnole'at�M �,.. APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) Valley ,ASSESSOR'S PARCEL R North Building Systems (Bret Wood) 041 _ 030 ApDRESS: S ET0TATE, & ZIP. CODE ' Ca, `TELEPHONE: #30 Seville ct Chico > 3 530 ( ) 345-7296 E-MAIL: FAX: Bret@northvalleybuilding.com (530 ) 345.2399 OWNER'S NAME: Traci Needles TELEPHONE: 530. 345 - 7999 :ADDRESS:. STREET, CITY; STATE, &'ZIP CODE: 13213 Orchard Blossom Chico Ca, 95973 hOL, O( aLL CLO coitt P} � -rilSl_ NAME OF. PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) Nadelhaus German Shepherds 20 acres LVl.rniA%jn %jr,rnvgzh,-1 kmiijpr cross sgeers ana aaaress,'+I;any) , Apn # 041-030-149 Messilla Valley Rd. Buttte valley Ca, 95965 (near Pentz rd) ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE AG -20 ag/animal grazing residence/Commerical Kennel EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES square feet) UNDER, WILLIAMSON ACT CONTRACT, =Na _ 1500sq.ft. house/3500sq'.ft Ken of ❑ Yes No (Check One (Check One) PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED.TO BE ONPUBLIC WATER ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC X❑ PROPERTY IS OR PROPOSED TO BE.ON WELL' WATER ME 7W 7W ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP LEGAL'LOT DETERMINATION +. ❑TENTATIVE PARCEL MAP USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT - ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS°FACILITY UP/M_UP ❑ REZONE , ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT ❑ MINOR•VARIANCE ❑ MU4ING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT, = ❑ DEVELOPMENT. AGREEMENT ❑ CERTIFICATE OF MERGER ❑OTHER TR.0 ESC �— t --- _. — - .. FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. -If this application is for a land division, describe the number and size of parcels.) see attached 1 F : c)��E ER+TIF C uT y I CERTIFY THAT I•AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED.PROPERTY FURTHER, I ACKNOWLEDGE THE AL_rNG OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION.IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with'this application.) DATE: SIGNATURE: .r y AGENT AUTHORIZATION To.Butte County, Department of Development Services:-' 4'. Print Nam_ a of Agent ` Phone Number . "`Mailing Address �-• C.�o Co�� A �' � is herebyauthorized to process this ltcation on m /our ro P app my/our perty, identified as Butte County Assessors Parcel Num_ ber(s) Lj cl F } 01 This authorization allows•representation for all applications, hearings, appeals, etc.'andto sign all documents necessary for said processing, but not including document (s)'relating to record title interest:, ' Owners) of Record' (sign and print name) r -Need Print Ne Print Name Si r , • Signature Print Name r Print Name ; Signature Signature _ _ Print Name of Applicant rf other than owner) ' Sig ature of Applicant (if other than owner) Print Name of California Civil Engineer/Land Surveyor - Phone Number. Mailing Address Email Address • t � ,ice ..r. .o--. ..,,., •!. . C()1 NTY a _ ' JUL 15 2014 \ DEVELOP.\4ENT SERVICES J AGENT AUTHORIZATION To But.te Cozi% Depattmeia of Developgnent. ScrAces- North Valley Building Systems (Bret Wood) P39-345-7296 Print Name, of Agent Phone Nmber #30 Seville Ct. Chico Ca, 95928 e-mail Bret@northvalleybuilding.com Mailing Address is hereby au&wiwd to pmess this application on mylour property, ideoffied as Butte County Assessors. Parcel Number(s) 041-030-149 This nut 0A:tat allows -tv'ra. M-tat'do for in applications, heariVA appeals: eW'.'and to sign all iloeuoterits ii ecessary for said processing, but not tocluding documew (S) jejaW4 to record We i;�a�est. O"W(S) of Record (sign and print name) Priat.Haw Sigpatuce Print Name of Applicant Cif a#kow ikw owner) Vertech Engineering (Andy Johnson) hintHam sipatm PYbd Nam of S�p itar__ ;i�pll — e, cont 30-899-8716 Print Namr, .of California CMI Fmgin=A a W Surveyor Number 111.�j 383 Rio Lindo Ave Chico Ca, 95926 �0 Address Email Address L'd 666L 9170 0C9 P46004S 9849b Sh'8410PON !ie . County Department -of Development Services W19LLINGS-j DIRECTOR I PETE CALARCO, SISTAW DIRECTOR inty Center Drive, BUTTE ffle,tk "98' S g-76.01 TelephoneCOUNTY 09-7795,Famimile JUN 2 4* 2T14 DEVELOPMENT SERVICES PROJECT SETTING DESCRIPTIQNUNSIRlUCTIQ N$ Applioant-Nailtd: North Valley Building Systems dpL - Yi0jectNumbe, q "_ Please Addf6sthe. .foIIo*in ona,sepga*sheet-.ofpqppr:, -1 9 1. 'Identify any applicable, proposed d6veloph6nt schedule,inchudinganticipated, incremental; or phased devdimment,and' , as ID iate s.c. .1 ..,projects. 2. :List and describe any other related PPnnits.and .other publicapprovals required 6r 'this proje&,!including diose required by city, regional, state and federal agencies. 3 Describe the site as ft exists. be"or- the project, 'mc -u din g.information on topography;; °soil: stability; plants, aninals,andanYcultIcultural, scenic aspects. Describe anyfe—xis"fin g stiu- es.otthd site and the dse,ofthe structures,. 4.. Describe the' surrounding properties; including information on plants; -,4nirn4ls and any cultural, 'historical; or scenic aspects.. in& Me -the: type .,, 00 an use (residential commercial; etc.), intensity of land, use; oto. AM scale ' -f 6ne44niijy, apartment. houses, shoA 4epartm stores, development (height;frontage, Set -back ria" etc.). v. r y 5-. Ifi-lild - ' - dial studies' pif '"Adfor the project giW. including,but not limited to traffic;biology, Include e any, ' speci epare wetlands -:delineation, orchaeology, etc. . - -.. _ 'moi- } • GERMAN SHEP ERDS ' (530) 345-7999 •'www.nadelhaus.com 13213.Orchard-Blossom Lane 4 Chico, California 95973 t June 13'2013,; Butte County Department of Development' Services I 1 Butte County Drive Oroville; CA .95933 ; To Whom It May.Coricern: a, Traci Needles have'owned and operated a German Shepherd breeding kennel for over 20 years in: Butte county. I currently have a kenriel license for 25 dogs. I have reached- our lincense limit and would like to grow-my business.. My-plan is to expand-my business to include training, boarding.and grooming fornew and existing clients that have German•Shepherds. I would-also like to-offer these services for ' all breeds of dogs as well as eat owners throughout our community., The new location on ; Mess Ila-Valley Road Will offer larger areas•for the dogs to excercise and play without affecting the comfort of surrounding homes and neighbors as•well as offer a great opportunity for our exsisting clients to •have us .properly care for their very. loved German. Shepherds they purchased from Amy facility._ In addition, we currently, cannot supply,the r demand. of our Gerin an-Shepherds we breed so moving to the larger-location will allow ' me to breed more litters and shorten my waiting list. If you have any questions or would like to discuss this f irther'with me, I can be reached at 530=624-7850. + Sincerel - r Traci N dies wviww.Nadelhaus.IIet, p• hadelhaus ,aoI.com Breeder of. 100%, Germ an Bloodlines Breeder of 100%.6erri•man Bloodlines • Member of. GSbA, SV of Germany,' Sch N•USA ' PROJECT SETTING DESCRIPTION Applicant: North Valley Building Systems Inc. Project Number: PREAPI4-0004 1. Identify any applicable proposed development schedule, including anticipated, - incremental, or phased development and all associate projects. We are proposing the construction of a New kennel/boarding facility. We are planning to construct a 3,500 square foot pre-engineered metal building complete with kennel area, 'kitchen area for preparing the animal's food, restroom for employees and patrons and general reception area. All individual kennel compartments will be "pre -fabricated" bolt together packages on the inside of the building in the kennel housing area. There will be an outdoor fenced area for. the exercising / training of animals at the rear of the facility approximately 10,000 square feet. Weare planning to do this project in its entirety from start to finish, the size of this new facility is more than sufficient in size and the owner has no desire to expand after this initial building project. We would like to begin as soon as we receive the necessary clearances from the respected agencies. 2. list and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies. Cal -Fire, Building, Environmental Health, Public Works: GF�✓�l�pL� 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. The parcel currently is undeveloped. It has some gentle slopes with brush, trees and grass. There are no structures on the land nor is there any remnant of any structures as you can see from the pictures. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). The surrounding properties are all vacant land. with the exception of one parcel. The parcel to the direct west has a single family dwelling on it with a large metal shop building. All other surrounding land is used for livestock grazing during a portion of the year only, the balance of the year there is nothing but vacant land. South on Messilla Valley -Road there is a large equestrian center that has many live venues and has competitions often. The Barry R. Kirshner Wildlife sanctuary off of Durham -Peutz Road is to the south of our proposed kennel location. 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. Please find attached the following reports: • Rare Plant Study Butte Co. Checkerbloom • Archaeology Study g4f- � {S5''.4 't• t t ,. +" ki��{y�'�``�.}s• PROPOSED KENNEL LOCATION VIEWING WEST a�? PROPOSED KENNEL LOCATION VIEWING EAST Nadelhaus GermaiShepherds Use Permit SuppOnental Information Location: APN: 041-030-149 Messilla Valley Rd. Butte Valley Ca. 95965 (Near Pentz rd.) Comprehensive Project Description Business Description On above referenced project we are proposing to construct a 3,850 square feet pre-engineered metal building for Nadelhaus German Shepherds including a personal residence for Traci Needles, the owner of Nadelhaus German Shepherds. Nadelhaus German Shepherds has been in business for 20 years and is a growing operation that consists of breeding and training German Shepherds at their current location in Chico. In order to meet the growing demand for their German Shepherds, they are proposing relocation and expansion of their current operation on Orchard Blossom Ln. in Chico, to Messilla Valley Rd. in Butte Valley. They will continue their breeding and training programs with their German Shepherds and plan on offering grooming and boarding services that will include other breeds of dogs as well. In addition to offering these services to all other breeds of dogs, they would also be offering the same services to cat owners in the community. Nadelhaus Kennels is designed to house anywhere from 25-100 dogs at a time with, including up to 20 cats. Normal hours of operation will be Monday - Friday 7am-6pm, Saturday and Sunday by appointment only. There will be 2-3 full time employees and an average of 1-2 customers (typically by appointment) on site during normal business hours. Each month, there may be up to two Saturdays where special training events will be hosted from 8am- 12pm, where 5-10 customers will be in attendance with their animals. Nadelhaus Germa>*hepherds Use Permit SuppI Proposed Metal Building Description ental Information The main building will be a fully insulated, enclosed 30'x45'xl6' eave pre-engineered metal building. The main building will consist of the following areas/rooms; 8' x 10' restroom, 15' x 15' kitchen area where the animal's meals will be prepared, 10' x 12' office for manager of kennel operation and general reception/retail area. In the rear (south side) of the main building, an indoor training facility (approx. 25'x30') is proposed. Direct access to a fenced -in play area is through a roll -up door in the rear of the main kennel building. On each side of the main building there will be a 25' x 50' x 12' eave "roof only" pre-engineered metal building providing the actual dog housing area during inclement weather and night time. The individual dog kennels will be a "pre -fabricated, bolt -together product" that will allow the kennel to change its housing requirements as current conditions dictate. Each individual dog kennel will have its own dog house providing each animal the protection it needs. The dogs will only spend time in their individual kennels during the night or during inclement weather. By utilizing the open air concept, the threat of a ventilation/conditioning failure is all but eliminated, thus increasing the safety and well-being of animals. The kennel facility will be surrounded by chain-link secondary fencing. Within the secondary fencing, individually fenced -in dog- runs/play areas will be provided with grass which will also be intermingled in the existing trees to the rear of the proposed facility location. No trees will be removed for the construction of this new kennel, and during construction, there will be procedures in place to protect the existing trees. In the. center of the fenced -in dog run/play area there is planned to be large open area (75'x75') used for training programs with current dog owners and new ones. The large center area has a walkway that ties directly to the rear of the main kennel building for easy access to customers. Nadelhaus GermatWepherds Use Permit Supptnental Information Existing Site Description The 20 acre parcel selected for the proposed kennel is currently undeveloped. The topography consists of gently rolling slopes of native grasses and small clusters of oak trees throughout the 20 acre property. Photos of existing site conditions are provided below. ;tf • r . T: f 7r! l kw s1 Alt 11 9t- .1. t'% k�.. X .�'N $iJS&T 71"Mk PROPOSED KENNEL LOCATION VIEWING EAST BUTTE COUNTY 2014-0014906 JUN 24�p1q C, Recorded I REC FEE 25.00 Official Records I fAX 148.50 E ORDING REQUESTED BY DEVELOPMENT County of I HONUNENT PRESE 10.00 Mid Valley Title & Escrow Company SERVICES CANDACEuJ. GRUBBS County Clerk-Recorderl AND WHEN RECORDED MAIL DOCUMENT TO: I Traci L. Needles 09:OOAM 20 -hay -2019 I Pe9e 1 of 4 13213 Orchard Blossom Lane Chico, CA 95973 Span Above This Line for Recorder's Use Only A.P.N.: 041-030-149 File No.: 0402-4584080 (HG) GRANT DEED The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $148.50; CITY TRANSFER TAX $; SURVEY MONUMENT FEE $ x computed on the consideration or full value of property conveyed, OR computed on the consideration or full valueless value of liens and/or encumbrances remaining at time of sale, i x unincorporated area; [ ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Keith I. Thomassen and Christine M. Thomassen, as Trustees of the Thomassen 10-6-94 Trust and William E. Lauer and Pauline A. Lauer, Trustees of the Lauer Family Trust of 2000, established November 13, 2000 and Rene G. Brandol and Kathleen Brandol, as Trustees of the Brandol Family Trust hereby GRANTS to Traci L. Needles, an unmarried woman the following described property in the unincorporated area of the County of Butte, State of California: A PORTION OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, M.D.B. & M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 00 DEG. 39'22" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 427.37 FEET TO A POINT IN THE SOUTHERLY LINE OF MESSILLA VALLEY ROAD, AS SAID ROAD WAS DEEDED TO THE COUNTY OF BUTTE ON MARCH 26, 1924, RECORDED IN BOOK 195 OF DEEDS, PAGE 201, BUTTE COUNTY RECORDS, SAID POINT ALSO BEING ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 220 FEET AND A CENTRAL ANGLE OF 24 DEG. 24' SO" (THE BEARING TO THE RADIUS POINT BEING SOUTH 10 DEG. 33' 12" EAST), SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 93.74 FEET TO THE END OF CURVE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 76 DEG. 08' 22" EAST, 479.72 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 330 FEET AND A CENTRAL ANGLE OF 71 DEG. 01'00"; THENCE ALONG THE ARC OF SAID CURVE, 409.03 FEET TO THE END OF CURVE; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 18 DEG. 04'00" EAST, 957.43 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE SOUTH 89 DEG. 41' 20" WEST ALONG SAID SOUTH LINE, 1201.77 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 00 DEG. 39'22" WEST ALONG SAID WEST LINE, 893.00 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 19 AS SAME IS SHOWN ON THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES PROPERTY MANAGEMENT MAP 04-11-C SHEET 4 OF 6, ON FILE IN THE OFFICE OF THE DEPARTMENT OF WATER RESOURCES, 1416 NINTH STREET, ROOM 445, SACRAMENTO, CALIFORNIA, TAKEN AS NORTH 00 DEG. 39'22" WEST. Mall Tax Statements To: SAME AS ABOVE Grant Deed - continued Date: 05/13/2014 THE ABOVE DESCRIBED PARCEL IS PURSUANT TO A BOUNDARY LINE MODIFICATION APPROVED BY THE COUNTY OF BUTTE, SHOWN AS PARCEL 1, IN DEED RECORDED DECEMBER 22, 2011, SERIAL NO. 2011-43579. Page 2 of 4 s A. P.N.: 041-030-149 Dated: OS/13/2014 Keith I. Thomassen and Christine M. Thomassen, as Trustees of the Thomassen 10-6-94 Trust Keith I. Thomassen, Trustee Christine M. Thomassen, Trustee Grant Deed - continued Date: 05/13/2014 File No.: 0402-4584080 (HG) William E. Lauer and Pauline A. Lauer, Trustees of the Lauer Family Trust of 2000, established November 13, 2000 William E. Lauer, Trustee. Pauline A. Lauer, Trustee Rene G. Brandol and Kathleen Brandol, as Trustees of the Brandol Family Trust rc Rene G. Brandol, Trustee t Ka(hleen Brandol, Trustee STATE OF )SS COUNTY OF On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • CHARITY D. BERRY commission #1889511 n o_ Notary Public-Cautomia Butte County 4 Signature My Comm. Exp. MAY 15, 201 My Commissio pireThis area for official notarial seal Page 3 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: O STATE OF California )SS APN No: COUNTY OF41 ) , nA .. / L/ before me, Not ry Public, personally appeared who prcUed to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal Signature —,� CHARITY D. BERRY Q) Commission #1689511 .0 U Notary Public - California - Butte County My Comm. Exp. MAY 15, 2014 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL 0 CORPORATE OFFICER(S) TTTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION Though the data requested here Is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TTTLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE Reproduced by Mid VW]ey lttle 9 Ewrow company 11/2007 JUN 2 4 ZT4 DEVELOPMENT SERVICES Rare plant study Butte County Checkerbloom Costella Environmental Consulting Tina Costella, M.S. Tax ID Number 26-4120920 Caltrans DBE/SVWBE #37798 Consulting Environmental Botanist/Biologist P.O. Box 215 %Phone 530-265-6969 Nevada City, CA 95959 Cell 530-263-7617 E-mail tcostella@metrailer.com Fax 530-265-0601 May 5, 2014 Traci Needles 13213 Orchard Blossom Lane Chico, CA 95973 RE: Needles Project. APN 041-030-149 Rare Plant Survey - Butte County Checkerbloom Dear. Traci, This letter reports the results of a special -status plant survey for Butte County Checkerbloom (Sidalcea robusta) at the Needles Project in Butte County, California, conducted by me on May 2, 2014. In brief, I did not find any of this species on the project site during the time of year when it would be evident if present. The Needles property is a f20 -acre site consisting of a polygon -shaped parcel located on the south side of Messilla Valley Road; no physical address is given. The specific location is on the . Cherokee Quadrangle USGS 7.5' topographic map, with a small portion in the southwest corner of Section 18 and the greatest portion in the northwest corner of Section 19, Township 21 North, Range 4 East. The May survey was performed as a part of the permitting process because there are a number of known occurrences of the Butte County Checkerbloom within Butte County; specifically, 22 known locations have been reported. The California Natural Diversity Data Base (CNDDB) for Butte County Checkerbloom shows five locations for this species within the Cherokee quad. This species has -a 1B.2 designation; 1B: for rare, threatened, or endangered plants in California and, elsewhere; and .2: fairly threatened in California. Butte County Checkerbloom is a perennial plant that can spread by underground stems forming e clumps of single to multiple meristems (growing stem tips). Typically, it can be easily recognized in late April or early May even if not in bloom, as usually by this time it is quite tall, p 2:5 feet to ± 4 feet, and can be seen peeking over tall non-native annual grasses in savannas. It is found in chaparral/blue oak woodlands at elevations from ± 32 feet to f 1,300 feet. The survey was conducted when Butte County Checkerbloom would be evident and identifiable if it were present in habitats at the site. The survey was floristic in nature and not based on the occurrence of habitat or other physical features. The survey was conducted using systematic field -techniques in all habitats of the site to ensure a reasonably thorough coverage of the project site and areas where this species could occur. A meandering pattern was walked through the property to ensure that all areas were viewed. The project site surveyed is a mix of foothill and blue oak woodland with annual (primarily non- native) grassland on the ridge top and in openings. Blue oak (Quercus douglasii) is the dominant overstory species with some valley oak (Q.lobata) interspersed and interior live oak. (Q. Quercus wislizend) occurring in the topographic contours adjacent to seasonal drainages. Dominant plant species observed and that were flowering during the field survey were stork's bill (Erodium botrys), popcorn flower (Plagiobothrys nothofulvus), wild carnation (Petrorhagia prolifera), rose clover (Trifolium hirtum), white brodiaea (Tritelia hyacinthia), forktooth ookow (Dichelostemma congestum), gold nuggets (Calochrotus lutens), butter and eggs (Triphysaria eriantha ssp. eriantha), . purple clarkia (Clarkia purpurea), fiddleneck (Amsinckia menziesii), seep -spring monkeyflower (Mimulus guttatus), common hedge parsley (Torilis arvensis), stick -seed buttercup (Ranunculus muricatus), and bull thistle (Cirsium vulgare) found within the drip -line of many of the blue and valley oak trees.. Common non-native grasses included brome grasses (Bromus spp.), and barley (Hordeum spp.). A site map, the CNDDB list for the Cherokee quadrangle, and photographs taken during the survey are attached as Exhibits A, B, and C respectively. This letter concludes my report of the Butte County Checkerbloom survey. Please contact me if you have any questions regarding this report. Yours truly, Tina Costella, M.S. Exhibit A. Needles Project = Butte County Checkerbloom Survey Project Location I y California Department of Fish and Game Natural Diversity Database Selected Elements by Scientific Name - EXHIBIT B. CNDDB LIST - CHEROKEE QUAD NEEDLES PROJECT MAY 2014 Scientific Name/Common Name Element Code Federal Status State Status GRank SRank CDFG or CNPS 1 AlllllM jepsonli PMLIL022VO G1 S1.2 16.2 Jepson's onion 2 Cast lleja rubicundula ssp. rubicundula PDSCROD482 G5T2 S2.2 16.2 pink creamsacs 3 Clarkia gracilis ssp. alb/cau/is PDONA050J1 G5T2 52.27 1B.2 white -stemmed clarkia 4 Clarkia mosquinil PDONA050SO G2 S2 113.1 Mosquin's clarkia 5 Fritillaria eastwoodiae PMLILOV060 G3Q S3 3.2 Butte County fritillary 6 Great Valley. Cottonwood Riparian Forest CTT61410CA G2 52.1 7 Juncus lelospermus var. lelospermus PMJUN011 L2 G2T2 S2.2 1B.1 Red Bluff dwarf rush 8 Lepidurus packardi ICBRA10010 Endangered G3 S2S3 vernal pool tadpole shrimp 9 Monardella douglasH ssp. venose PDLAM18082 G5T1 S1.1 16.1 veiny monardella 10 Northern Basalt Flow Vernal Pool CTT44131 CA G3 S2.2 11 Packera eurycephala var. lewisrosei PDASTSH182 G4T2 52.2 1B.2 Lewis Rose's ragwort 12 Sidalcea robusta PDMAL110P0 G2 52.2 1B.2 , Butte County checkerbloom ` } Commercial Version Dated May 03, 20130iogeographic Data Branch Page 1 Report Printed on Monday, May 05, 2014 Information Expired 11/03/2013 BUTTE COUNTY JUN. 242814 DEVELOPMENT SERVICES Needles Development F olect, Butte County, Archaeological Inventory Survey ARCHAEOLOGICAL INVENTORY SURVEY Needles Development Project, circa 20 -acres, Butte County, California. Prepared for Traci Needles 13213 Orchard Blossom Lane Chico, CA 95973 Author Sean Michael Jensen, M. A. Keywords for Information Center Use: Archaeological Inventory Survey, circa 20 -acres, Butte County, CEQA, USGS Cherokee, Ca. 7.5' Quad., No Significant Historical Resources, No Unique Archaeological Resources. April 20, 2014 GENESIS SOCIETY ARCHAEOLOGICAL - HISTORICAL - CULTURAL RESOURCE MANAGEMENT SERVICES Needles Development Proiect, B• County • Page I 1. INTRODUCTION Project Background This report details the results of an archaeological inventory survey for the proposed Needles Development Project involving approximately 20 -acre of land located adjacent to the south side of Mesilla Valley Road, a short distance west of Pentz Road, approximately one mile west of Lake Oroville, in Butte County, California (see Project Location Map). Proposed action involves residential/commercial development of the parcel Since the proposed project will involve physical disturbance to ground surface and sub- surface components throughout the project area, the potential exists to impact cultural resources located within the Area of Potential Effects (APE). In this case, the APE consists of the c. 20 -acre project area itself. Evaluation of the project's potential effects to cultural resources must be undertaken in conformity with Butte County rules and regulations, and in compliance with requirements of the California Environmental Quality Act of 1970, Public Resources Code, Section 21000, et seq. (CEQA), and The California CEQA Environmental Quality Act Guidelines, California Administrative Code, Section 15000 et seq. (Guidelines as amended). Scope of Work At the most general level, compliance with CEQA requires completion of projects in conformity with the standards contained in Section 15064.5 of the CEQA Guidelines, as amended. Based on this and other relevant Sections of the Guidelines, the following specific tasks were considered an adequate and appropriate Scope of Work for the present project: • Conduct a records search at the Northeast Information Center of the California Historical Resources Information System at CSU -Chico, and review state data bases and other relevant background information. The goals of the records search and data base review are to determine (a) the extent and distribution of previous archaeological surveys, (b) the locations of known archaeological sites and any previously recorded archaeological districts, and (c) the relationships between known sites and environmental variables. This step is designed to ensure that, during subsequent field survey work, all archaeological and historical sites considered significant per CEQA are discovered, correctly identified, fully documented, and properly interpreted. • Conduct a pedestrian field survey of the project area. Based on map review, a, complete coverage intensive survey was considered appropriate, given the presence of high archaeological sensitivity throughout the project area. The purpose of the pedestrian survey is to ensure that any previously recorded sites identified during the records search are re -located and existing evaluations updated based on current site and field conditions. For previously undocumented sites identified which might qualify as "cultural resources" per CEQA, the field survey would involve_ formally recording these on DPR-523 Forms. Genesis Society 1 • • Upon completion of the records search and pedestrian survey, prepare an archaeological inventory survey report that identifies project effects and recommends appropriate mitigation measures for any prehistoric or historic sites recommended significant under CEQA and which might be affected by the project. The remainder of the present document constitutes the Final Report for this project, detailing the results of the records search and field survey and containing recommendations for treatment of significant sites that could be impacted by the project. All field survey procedures followed guidelines provided by the State Historic Preservation Office (Sacramento) and conform to accepted professional standards. 2. Location, Environmental and Cultural Context The proposed. Needles Development Project area incorporates approximately 20 -acres of land located adjacent to the south side of Mesilla Valley Road, a short distance west of Pentz Road, approximately one mile west of Lake Oroville, in Butte County, California (see Project Location Map). Lands affected are located within a portion Section 19 of T2 IN, R4E, as shown on the USGS Cherokee, California 7.5' series quad (see attached Project Location Map). The project area is situated at the interface of the northern Sacramento Valley and southernmost Cascade Range and Sierra Nevada mountains, immediately south of Paradise, east of Chico and north of Oroville. This entire area was intensively occupied at the time of Euroamerican contact (circa. A.D. 1850) by the Penutian-speaking Konkow Indians (Riddell .1978: Figure 1, citing Kroeber 1925, Dixon 1905, and others). The Konkow possessed a varied material culture which was produced in part as a response to the rather substantial variation in elevation, climate and vegetation which characterized their territory. As a consequence, these Indians also occupied and/or produced a number of different site types during the course of seasonal movements throughout their territorial range. Among those features of the natural environment which were nearly always utilized on at least a short-term and/or seasonal basis were the numerous rock shelters and overhangs that have eroded out of the lava formations which fringe the valley floor along its eastern flank within this area near Pentz. The ridges and flats comprising the tops of these lava outflows provided primary migration corridors for Native Americans making seasonal movements from valley to higher elevation zones in their constant search for food and other resources. Archaeologically, investigations at regional sites have resulted in some important findings over the past several decades. Chico State University's Research Archaeology Program and contributions by private consultants have produced a roster of different types of sites located throughout Konkow as well as adjacent Indian groups' territories. Within the Paradise- Oroville Locality, Ritter's late -1960's studies provide a prehistoric sequence clearly applicable to the present project area located within lower Mesilla Valley (Ritter 1969, 1970, and Jensen' 1984, 1998, 2000, 2002, Jensen & Jensen 2002, and Markley 1975). Ritter's findings suggested that some of the earliest archaeological remains within the Oroville Locality probably do not represent Maiduan-speaking peoples. Rather, the earliest period, referred to as the Mesilla Complex (Ritter 1970), is believed to represent Hokan- Genesis Society • speaking peoples (Olsen and Riddell 1963; Baumhoff and Olmsted 1963; Chartkoff, Miller and Johnson n.d.), living in small bands and relying heavily on the exploitation of seeds which were processed by means of millingstones and manos, and on game animals which were taken with basalt -tipped darts. This period is believed to date from before 1000 B.C. and to have lasted until about AD 1. Periods of occupation following the Mesilla Complex period were marked by increasing reliance on acorns and salmon, increased socio-political complexity, increasing population density, and eventually a predominantly sedentary existence. These periods were named by Ritter as follows: • Bidwell Complex, dating from c. AD 1 to AD 800; • Sweetwater Complex, dating from c. AD 800 to AD 1500; and • Oroville Complex dating from c. AD 1500 through Protohistoric and early historic times. The changes which occurred during this rather long time period have in part been defined by the introduction, or at least increasing reliance upon and use of, the mortar and pestle, and introduction of the bow and arrow, with the latter inferred on the basis of the appearance and predominance of smaller, more finely crafted projectile points of crypto -crystalline material during the later time periods. Further, it has long been suggested that these changes might also correlate with entry into this area of Penutian speaking peoples, possibly, but not necessarily, Maiduan. Kowta (1978; 1988), for example, has suggested that the first wave of Penutian-speaking people into the Oroville-Paradise area was not necessarily Maiduan, but rather may have been Miwok or Costanoan, an hypothesis also suggested by Whistler on the basis of linguistic evidence (Whistler 1977). An apparent break in the archaeological sequence within the Oroville-Paradise area at about AD 1000 might thus represent the initial entry of Penutian speakers (ibid.). If these initial occupants were Miwok or Costanoan, they were soon replaced by Maidu expanding out of the Oroville Locality between about AD 1400 to AD 1850. These are the Indian peoples who would have been the final occupants of lands within the project area — occupants of this area during the past 300 to 500 or so years. Resource Considerations, Native American Sites: The discussion of regional prehistory and ethnography provides insight into the types of Native American sites likely to be present within the project area or at least the general vicinity, with the most likely types for this area including: • Large village sites located along the margins of streams, particularly at confluences. • Surface scatters of lithic artifacts and debitage without evidence of buried cultural deposits, resulting from short-term occupation and/or specialized economic activities. • Rock shelters located below lava escarpments, with most being utilized on a part- time, seasonal basis. • Isolated finds of aboriginal artifacts and flakes. Historically, evidence exists to document that some of the Spanish and Mexican expeditions and early fur trapping ventures may have come through and made brief stays within the general project vicinity. It was during one such expedition that Arguello named the nearby Genesis Society Needles Develoment Pro 'ect Bite Coun • Pa Feather River itself. However, the first major incursion by White men occurred with Bidwell's arrival at nearby Chico in the 1840's and shortly thereafter with the California Gold Rush. The placer lodes of regional streams, particularly along the Feather River at Ophir (Oroville) and along the nearby West Branch of the Feather River, were vigorously mined from the early 1850's, and early historic mining communities in the area include Paradise, Magalia (Dog Town), Spring Valley, Mesilla Valley, Pentz, and Cherokee or Cherokee Flat. Mining at nearby Pentz began in 1850, with the post office opened in 1854. Similarly, mining at Cherokee began in 1850, while the post office opened on August 17, 1854 (Sturgeon 1990:6). The newly commissioned state legislature incorporated Butte County in 1850, which at the time, included all of present-day Plumas and portions of Lassen, Tehama, Sutter and Colusa Counties. By 1854, the counties were subdivided to there present boundaries. Bidwell's agricultural and commerce activities in the Chico area resulted in a blossoming of agriculture and livestock raising within lands near this hub city. Furthering this general growth was the arrival of the California and Oregon railroad in 1870, which provided an expansion of the burgeoning lumber industry in the nearby mountains. Resource Considerations, Historic Resources: Historic overviews for the region and particularly information concerning historic themes in the Pentz area suggest that the most likely types of historic -era resources that could be represented would include: • Historic road segments. • Water distribution features. • Earl;y 20'h Century ranch features, including stock ponds, corrals, salt licks, fences, and foundations. 3. RECORDS SEARCH and SOURCES CONSULTED Several sources of information were considered relevant to evaluating the types of archaeological sites and site distribution that might be encountered within the project area. The information evaluated prior to conducting pedestrian field survey includes soil types and geomorphological features (discussed above), data maintained by the Northeast Information • Center at CSU -Chico, and review of available published and unpublished documents relevant to regional prehistory, ethnography, and early historic developments (already discussed). Northeast Information Center (CSU -Chico) Prior to conducting the pedestrian field survey, the official Butte County archaeological records maintained by the Northeast Information Center were examined for any existing recorded prehistoric or historic sites (IC File # W14-46, dated April 14, 2014). Information Center records document the following existing conditions for the circa 20 -acre project area: Previous Archaeological Survey: None of the present project area has been subjected to previous archaeological investigation. Genesis Society Needles Development Project. Re County • Page 5 Documented Sites: No cultural resources have been documented within, or immediately adjacent to, the APE. Other Sources Consulted In addition to examining records at the Northeast Information Center at CSU -Chico, the following sources were also reviewed at the Information Center, or separately:. • The National Register of Historic Places. • The Office of Historic Preservation Property Data File. • The California Register of Historical Resources. • The California Inventory of Historic Resources. • The California Historical Landmarks. • The California Points of Historical Interest. • Gold Districts of California. • Historic Spots in California. Published and unpublished documents relevant to. environment, ethnography, prehistory and early historic developments in the vicinity, providing context for assessing site types and distribution patterns for the project area (summarized above under Location, Environmental and Cultural Context). 4. ARCHAEOLOGICAL SURVEY and CULTURAL INVENTORY Survey Coverage All of the circa 20 -acre project property was subjected to intensive pedestrian survey by means of walking systematic transects, spaced at 20 meter intervals, across the project area. In searching for cultural resources, the surveyor took into account the results of background research and was alert for any unusual contours, soil changes, distinctive vegetation patterns, exotic materials, artifacts, feature or feature remnants and other possible markers of cultural sites. Field work was undertaken on April 15, 2014 by Sean Michael Jensen. Mr. Jensen is a professional archaeologist and historian, with 27 years experience in archaeology and history, who meets the Secretary of Interior's Standards for Professional Qualification, as demonstrated in his listing on the California Historical Resources Information System list of qualified archaeologists and historians. No special problems were encountered and all survey objectives were satisfactorily achieved. General Observations Disturbance to the ground surface ranges from minimal to substantial throughout the property. Several ephemeral stream courses are present within the subject property, and all Genesis Society 5 w of these appear to have been subjected to past modifications. The majority of these landscape modifications are amorphous. Additional modifications to stream course settings appear to have coincided with contemporary ranching practices, and consist primarily of soil borrow areas and livestock pond excavation. Evidence of limited tree removal was observed throughout the property, and contemporary barbed wire fencing is situated near a number of property lines. Prehistoric Resources No evidence of prehistoric use or occupation was observed within the APE. The absence of such materials might best be explained by past ground disturbing activities, to which the entire property has been subjected, and to the lack of a suitable source of permanent surface water located within the subject property. More suitable prehistoric settings are located a short distance west of the subject property, near Dry Creek. 4 Historic -Era Resources No historic -era cultural resources were observed within the APE. 5. PROJECT EFFECTS A project may have a significant impact or adverse effect on cultural resources if the project will or could result in the physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance or values of the resource would be materially impaired. I . Based on the specific findings detailed above under Archaeological Survey and Cultural Inventory, no significant historical resources/unique archaeological resources are present within the project area and none will be affected by the undertaking, as presently proposed. 6.' PROJECT SUMMARY This report details the results of an archaeological inventory survey of approximately 20 - acres of land located adjacent to the south side of Mesilla Valley Road, a short distance west of Pentz Road, approximately one mile west of Lake Oroville, in Butte County, California. Proposed action involves residential/commercial development, an action that would result in physical disturbance to ground surface and sub -surface components and would therefore have the potential to impact cultural resources within the project area. A search of State data bases, including all records and documents available at the Northeast Information Center, and intensive pedestrian survey, failed to identify any cultural resources within the APE. Based on the findings of the present archaeological inventory, no significant historical resources/unique archaeological resources will be affected by the undertaking, as presently, Genesis Society s Development Pro'ect Witte Coun • Pa e proposed. Despite these_ negative findings, the following general provisions are considered appropriate: 1) Consultation in the event of inadvertent discovery of human remains: Evidence of human burial or scattered human remains related to prehistoric occupation of the area could be inadvertently encountered anywhere within the project area during future construction activity or other actions involving disturbance to the ground surface and subsurface components. In the event of such an inadvertent discovery, the County Coroner would have to be informed and consulted, per State law. Ultimately, the goal of consultation is to establish an agreement between the most likely lineal descendant designated by the Native American Heritage Commission and the project proponent(s) with regard to a plan for treatment and disposition of any human remains and artifacts which might be found in association. Such treatment and disposition may require reburial of any identified human remains/burials within a "preserve" or other designated portion of the development property not subject to ground disturbing impacts. 2) Consultation in the event of inadvertent discovery of cultural material: The present evaluation and recommendations are based on the findings of an inventory -level surface survey only. There is always the possibility that significant unidentified cultural materials could be encountered on or below the surface during the course of future construction activities. This caveat is particularly relevant considering the constraints generally to archaeological field survey, and particularly where ground disturbance has occurred, as in the present case. In the event of an inadvertent discovery of previously unidentified cultural material, archaeological consultation should be sought immediately. 7. REFERENCES CITED and/or UTILIZED ACHP (Advisory Council on Historic Preservation) 1980 Treatment of Archaeological Properties: A Handbook. Advisory Council on Historic Preservation. Washington, D.C. Barbour, M. G. and J. Major (eds.) 1977 Terrestrial Vegetation of California. New York: John Wiley & Sons. Baumhoff, Martin A. 1963 Ecological Determinants of Aboriginal California Populations. University of California Publications in American Archaeology and Ethnology 49(2):155- 236. Berkeley and Los Angeles. California, State of 1970 Public Resources Code, Section 21000, et seq. (CEQA), and The California Environmental Quality Act Guidelines, California Administrative Code, Section 15000 et seq. (Guidelines, as amended October 1998). State of California, Sacramento. 1976 The California Inventory of Historic Resources. State of California, Sacramento. Genesis Society RTnv County • 1990 The California Historical Landmarks. State of California, Sacramento (Updates through 1996). Clark, William B. 1980 Gold Districts of California. California Division of Mines and Geology, Bulletin 193. San Francisco. Code of Federal Regulations (CFR) 36 CFR Part 60: National Register of Historic Places. Washington, D.C.: Department of the Interior, National Park Service. 36 CFR Part 66: Proposed Guidelines — Recovery of Scientific, Prehistoric, Historic, and Archaeological Data: Methods, Standards, and Reporting. Requirements. Washington, D.C.: Department of the Interior, NPS. Dixon, R. B. 1905 The Northern Maidu. New York: American Museum of Natural History Bulletin 17:119-346. Fredrickson, D. A. 1974 "Cultural Diversity in Early Central California: A View from the North Coast Ranges." Journal of California Anthropology 1(1):41-53. Davis, California. Gudde, Erwin G. 1969 California Place Names: The Origin and Etymology of Current Geographical Names. University of California Press. Berkeley. 1975 California Gold Camps. University of California Press. Berkeley. Heizer, Robert F. 1938 "A Folsom -Type Point from the Sacramento Valley." The Masterkey 12(5):180-182. Los Angeles. Hoover, Rensch & Rensch 1970 Historic Spots in California. 3rd ed. Stanford University Press, Stanford. Jensen, Peter M. 1987 Archaeological Test Excavations at the "West Rockshelter Site" in Dead Horse Slough, California Park Subdivision, Chico, Butte County, California. Report on File, City of Chico and Northeast California Information Center, CSU -Chico. 1998a Archaeological Survey of The Heights proposed Residential Development Project Involving c. 110 acres along the Feather River, Oroville, Butte County, California. Report on File, Northeast Information Center, CSU - Chico. Genesis Society g 0 1998b Archaeological Test Excavations at the Neal Road Rockshelter south of Chico, Butte County, California. Report on File, Northeast Information Center, CSU -Chico. 2000 Archaeological Inventory Survey, Cherokee Mine Project, Proposed Development Involving a Portion Of 800 Acres at the Old Cherokee Mine at Table Mountain, Near Oroville, Butte County, California. Report on File, Northeast Information Center, CSU -Chico. Jensen, Peter M. and Al Farber 1980 Archaeological Test Excavations at Sites CA -BUT -560 and -561, Lower Stilson Canyon along Little Chico Creek, Butte County, California. Report on File, Northeast California Information Center, CSU -Chico. Jensen, Peter M. and Paul R. Reed 1980 An Archaeological and Cultural Anthropological Overview of the Northern Sacramento Valley and Southern Cascades. Special Publication of the Bureau of Land Management, Redding District Office. Jensen, Sean Michael 2007 Archaeological Inventory Survey, Morris Ravine Quarry and Mine Project, c. 3,500 -acres, at Table Mountain, Butte County, California. Report on File, Northeast Information Center, CSU -Chico, Klaseen, T.A. and D.K. Ellison 1974 Soil Survey of the Butte County Area, California. United States Department of Agriculture, Soil Conservation Service. U.S. Government Printing Office, Washington, D.C. Kroeber, Alfred L. 1925 Handbook of the Indians of California. Bureau ofAmerican Ethnology Bulletin 78. Washington, D.C. Kuchler, A. W. 1977 Map titled "Natural Vegetation of California," In, M. G. Barbour and J. Major, Editors, Terrestrial Vegetation of California. Wiley: New York. Lenhoff, J. n.d. Hyraulic Mining in California. With emphasis on the great Spring Valley Mine at Cherokee, Butte County, California. 1981 Historic Cherokee Mine Celebrates Centennial This Year With New Lease On Life, IN, Diggin's, 25(4):79-84. Butte County Historical Society, Inc., Oroville, California. Maloney, Alice Bay 1945 Fur Brigade to the Bonaventura. California Historical Society. San Francisco. Genesis Society g Needles Development Pro'ect a County Markley, Richard 1975 Archaeological Excavations in the Oroville Locality, Butte County, California. Unpublished Master's Thesis, Department of Anthropology, California State University, Chico. McGowan, J. 1961 History of the Sacramento Valley. New York: Lewis Historical Publication Company. Moratto, Michael J. 2004 California Archaeology, 2"d Edition. New York: Academic Press, Inc. Oakeshott, G.G. 1978, California's Changing Landscapes, a Guide to the Geology of the State. New York: McGraw-Hill Book Co. ' Ragir, Sonia 1972 The Early Horizon in Central California Prehistory. Contributions of the University of California Archaeological Research Facility. Berkeley. Riddell, Francis A. 1978 Maidu and Konkow, IN, Handbook of North American Indians, Volume 8: California, Robert F. Heizer, Editor, pp. 370-379. Smithsonian Institution, Washington, D.C. Ritter, Eric W. 1970 Archaeology of Tie Wah near Oroville, Butte County, California: Culture History vs. Culture Process. Center for Archaeological Research at Davis, Publication No. 2. Davis, California. Sturgeon, Jack 1990 The Great Hydraulic Gold Mine at Cherokee, IN, Dogtown Territorial Quarterly, Spring 1990:6-23. Sundahl, Elaine 1982 The Shasta Complex in the Redding Area. Unpublished Master's Thesis, Department of Anthropology, California State University, Chico. United States Department of the Interior 1983 Archaeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines, Federal Register 48:190 (29 Sept. 1983), pp. 44716-44742. 1986 National Register of Historic Places. Federal Register 1986, Supplements through December 2006. Washington, D.C. Genesis Society 10 Needles Development Project. * County Van Bueren, Thad M., with M. J. Moratto 1985 A Predictive Model for Archaeological Site Location in Northern California and Southern Oregon. Report on File, California -Oregon Transmission Project, Phase I. Prepared for Envirosphere Company, Sacramento, California. Wells, Harry L., and W. L. Chambers 1882 History of Butte County, California, In Two Volumes. Francis Valentine & Co., San Francisco. West, James 1983 "Pollen Analysis Results," IN, Archaeological Investigations on Pilot Ridge, Six Rivers National Forest, by William Hildebrandt and J. Hayes, pp. 3.17- 3.32. Report on File, Six Rivers National Forest, Eureka, California. Whistler, Kenneth A. 1977 Wintun Prehistory: An Interpretation Based on Reconstruction of Plant and Animal Nomenclature. Proceedings of the Third Annual Meeting of the Berkeley Linguistics Society, pp. 157-174. Berkeley. Work, John 1945 "Fur Brigade to the Bonaventura: John Work's California Expedition, 1832- 1833, for the Hudson's Bay Company", IN, The Journal of John Work, Alice B. Maloney, Editor. California Historical Society, San Francisco. Genesis Society 11 Needles Development Oject. Butte County, Archaeological Inventory 0ey ARCHAEOLOGICAL INVENTORY SURVEY Needles Development Project, circa 20 -acres, Butte County, California. ATTACHMENTS • Archaeological Survey Area Map • Records Search from Northeast Information Center ' r GENESIS SOCIETY ARCHAL'ULUUI(,AL - HISTURICAL - CULTURAL RESOURCE MANAGEMENT SERVICES • i ARCHAEOLOGICAL SURVEY MAP Northeast Center the BUTTE SIERRA West 6th Street, Suite 100 40 California Historical. Resources GLENN MSC STUTTER 8123 1 Chico CA 95928 TEHAMA Phone (530) 898-6256 Information System PLUMAS SHASTA TRINITY neinfocntr@csuchico.edu ACCESS AGREEMENT I.C. File#: 10141- I I, the undersigned, have been granted access to historical resources Information on file at the Northeast Information Center of th California Historical Resources Infomration System. 1 understand that any CHRIS Confidential information I receive shall not be disclosed to individuals who do not qualify for access to such information, as specified in Section 111 (A-E) of the CHRIS Information Center Rules of Operation Manual, or in publicly distributed documents without written consent of the Information Center Coordinator. I agree to submit historical Resource Records and Reports based in part on the CHRIS information released under this Access Agreement to the Information Center within sixty (60) calendar days of completion. 1 agree to pay for CHRIS services provided under this Access Agreement within sixty (60) calendar days of receipt of billing. I understand that failure to comply with this Access Agreement shall be grounds for denial of access to CHRIS Information. Print Name.,- a n �eYISeil) Date: 4101/ Signature: _ Affiliation: Ggrusl 0 Address: C) Gt t City/State2ip: SZ Billing Address (if different): Office#: Cell#: S. O (6830-61 7DEmail: nc.+ Project Name: AA 1 L PQy%b_ iyjr-0 L( ) Purpose of Access: PtO3cF C -7 PL.i�/�+N�,✓6- County: LJA'SSt r/&L) 7% Township/Range/Section: TZ"1N. ►'fl: �T Z-1�/, 4 Lite USGS 7.5' Quad: 57ol4y Q1 D fir 7, S1 M 1 t-1=0RD 7, S ll cy+t_to Are 7, S STAFF USE ONLY Time: In -House Fees: hours @ $100.00/hour $/00.00 IN: fid: 3 0 Staff Charges: hours @ $40.00/hour $ OUT: / % • �J Photocopy Charges: 1 SOcopies @ $0.15/page $ Information Center Staff I Other: $ Backlog( TOTAL: $ ia%�• j� "' THIS IS NOT AN INVOICE "' Y ' Initiated.. -.. Task` Completed Application£received into.Trak-it ���� ����� , • . > . , - Applicationaent to. Managerfor:assignment� - - — �` " Project description confirmedby..planner � -� �' �, Application.Maferials Scanned S,et-wp in G drive, Harvest, Laserfiche, greenfile ��, NEIL transmittal mailed �� � `: ` HCP "NC�CP iriter�m review transmittalma'iled • , IDR --Inter Department \Re`viewmeeting`h'Id , 30 -day (I°n)'CornpleteELetter sent to applicant � ' Initia�Study/MND; prepared & reviewe,d 1 Check. fees. available/anticipated .prior to hearing • ` �-' ..:; ' :Mailing List.& CEC1A notice, prepared-&-review.ed Applcantasigns IS/MND, agreeing fo mitigation Notice for CEQA •& FPO emailed'to newspa"per Notice of Gompleti'orn mailed to OPR, lis copies ' CEQA notice.mailed to neighbors f ®rafit Conditions reviewed by other departments r . ' ' � Draft Conditions sent to applicant Y �� Agenda Reportfo:r PC or�Z'A,prepared & reviewed Manager decides whether `to ask for- Counsel review , ` .Project Hearing notice prepared 8c,.revewed `{4 " Project Hearing Notice & FPO mailed to newspaper d 1/�cmity and. GP/Zoning Maps Prepared , �( _ Powe,rpoint presentation Prepared i� Hearing before PC or Z1A ". Final Reso to Kim McMillan 10 -day appeal period closes K ? " Notice of Determination,.Fees Due; ATRs to Clerk Recorder,f a Close. -Pout in Trak�t.greenfile, Ha'ruesht j ,+ Post Signe final conditions NOD .etc: to laserfiche > .. , Hearingppr�oualJAction l.e�ttersent to/lpplicant -� _ � •, 1 i, " ''Proposed Metal building for-Commerical Kennel • • ` , + ` � ^ •. I , � '. ., - - • '• P - � � f - .. ' •- w . _ , . moi. a + ' . ' ` r - ..d ��. Llai � ►f' .. * .. �• •i _ . Y•r •i • '._. � ��• •, Front • _ . ' � ,� � �' � : • - � ,. �. * ,•� ' � � ���a :rte t , _ ,� .: y tM:� k t .. .' .,. - ,. LM ;, ,Proposed ,Metal building .for Commerical Kennel Operation '` • ... � � t•` _ _ �,' •.s ~, � , ,t •_ - .fes_ .. � *♦ f.' - - � - ;! Jf ti ` .•. - 'Front L • ,, J 4 �[, - -� n T, i -•y.. .. •.. '. � ,tern � �j e •J, .e. j' � �, i , � �. J '. .. +.. • % • r k - ` j SS'• .. �,�•`y^ � � - .. F a k -f -� ..l'. �. y fFF +{ a � - . ESIL WELL PG&E POWE +VtEA dT-; �• - -•r• ' c - -' . • T • ,r ,'(EXISTING) OPEN GRASSY ROLLING HILLS (EXISTING) OPEN GRASSY ROLLING HILLS rl . .� _ - .• ,SEPTIC I - • _ r - .. MESILLA VALLEY ROADDRIVEWAY (12'-0• WIDE, TYPICAL OROV_ILLE,_ CA APN: 041-030-149 t r� °� —� 20.37 ACRES • a '1,�.. (EXISTING) OPEN GRASSY ROWNG HILLS - y • i _ '' t.. ~ • - • , . _ TURN AROUND/PARKING . a • ,, 7 • _ • fytg� ' - f ' . • FOR KENNEL BUILDING j - •�lr _ .� � • .f % // r'� •� ��� , ��.• - ... ,� '•'.....111)___:x. _. h • 270'+ �. . � /'• ///// j .•-� t €T. ' PROPOSED MODULAR HOME (8 OTHERS) / ,.. ' .�• ass.+ � ,,, � . . - .. • _ •• SEPTIC (EXISTING) OAK TRESS, TYPICAL \ l , PROPOSED 130' X, 65 i ' ! T • . a .. . , f s . • . , KENNEL BUILDING ' - +• ' r 60-0OF ATTACHED OUTDOOR KENNEL/DOG� • + RUNS SURROUND THE KENNEL BUILDING s i r I\\\ FrNr • Q4� y7 C. aNa C691661^ # I-' a At v S Cl J9tEoFCAUFO o �. THESE PIANS NAVE MEN REVIEVn FOR COMPJANCE ONLY MATH 111E ATTACHED STRUCTURAL CALCULATIONS .• L5� • LYat5L111V � • • , 383 Rio Undo Ave, Ste 200 Chico, Calf/omla 95926 P. (530) 8998716 F: (666) 881.9108 vertacilanglneeAngcom ' MOATn v�usr Mmw�na aysnns - • . • • U Z a 14 E. W c�ulI . 4/17/14 • o+ _ NO SCALE e - •• _ m , L _ _ -SCJ 1 e SITE IPLANra. _ ` :.c ^ t PROPOSED CONSTRUCTION: NOT TO SCALE ��. F 130'taX 65' METAL. BUILDING - 1a—n1 s'. -. t +. t _ ..� ` _ - a I. 1• '. NOTE BUILDING LOCATIONS SHOWN AS . • . _ r� Z - APPROXIMAIE. ACTUAL DIMENSIONS SHALL , . I Al • • i -- 1, _ ..•, 1x201 .37' N .' BE VERIFIED IN THE FIELD. - • - - s ' < , : ' . - a ° T 'w ,' 4 . , * yam. �. r � , '.+ - t - •• y _ , - . , r• ,.• , t r i' J • (EXISTING) OAK TRESS, TYPICAL \ l , PROPOSED 130' X, 65 i ' ! T • . a .. . , f s . • . , KENNEL BUILDING ' - +• ' r 60-0OF ATTACHED OUTDOOR KENNEL/DOG� • + RUNS SURROUND THE KENNEL BUILDING s i r I\\\ FrNr • Q4� y7 C. aNa C691661^ # I-' a At v S Cl J9tEoFCAUFO o �. THESE PIANS NAVE MEN REVIEVn FOR COMPJANCE ONLY MATH 111E ATTACHED STRUCTURAL CALCULATIONS .• L5� • LYat5L111V � • • , 383 Rio Undo Ave, Ste 200 Chico, Calf/omla 95926 P. (530) 8998716 F: (666) 881.9108 vertacilanglneeAngcom ' MOATn v�usr Mmw�na aysnns - • . • • U Z a 14 E. W c�ulI . 4/17/14 • o+ _ NO SCALE e - •• _ m , L _ _ -SCJ 1 e SITE IPLANra. _ ` :.c ^ t PROPOSED CONSTRUCTION: NOT TO SCALE ��. F 130'taX 65' METAL. BUILDING - 1a—n1 s'. -. t +. t _ ..� ` _ - a I. 1• '. NOTE BUILDING LOCATIONS SHOWN AS . • . _ r� Z - APPROXIMAIE. ACTUAL DIMENSIONS SHALL , . I Al • • i -- 1, _ ..•, 1x201 .37' N .' BE VERIFIED IN THE FIELD. - • - - s ' < , : ' . - a ° T 'w ,' 4 . , * yam. �. r � , '.+ - t - •• y _ , - . , r• ,.• , t r i' ' 4 - - - BUTTE COUNTY ECONOMIC DEVELOPMENT ASSISTANCE COMMITTEE April 9, 2014 EDAC 14-0002 Traci Needles is locating to relocate an existing kennel operation to APN 041-030-149. The project would propose: - Boarding of 70 - 100 dogs - - Breeding (German Shepherds) - Structures: Kennel Building (approx. 3,500 sq. ft.). Building to include: Kitchen area where the animals food prep will be done (15'x15'), Office for manager of kennel (15'x10'); Bathroom (10'x12'); Reception area/Dog training area (25'00') and Dog kennel areas 2- 25'x40' rooms with 14 - 8' x 5' chain link kennels in each room. Training (private and group) Building Material - The Kennel will be a pre-engineered metal building with steel stud framing for all interior Walls. The kennel building will be fully enclosed so dogs can be restricted to their individual kennels at night. There will be open air kennels or fenced areas for dogs to be in during the day time in the open. 2 to 3 employees. Customers — 1 to 2 at a time, typically it is appointment only APN: 041-030-149 Departments Comments Planning • Zoning - AG-40 'Need • Use Permit • Use (Kennel) will require code amendment to.the Zoning Code — Use Permit can be done concurrently with code amendment. Use Permit requires pre-application clearance with EH for wastewater and potable water— can be done concurrently with the processing of the use permit. Biological Assessment — Checkerbloom/Oak Trees/Wetlands-Veriial Pools • Possibly locate the access so not to cross seasonal tributary.,,. • Training — group and private training/boarding training • Number of classes/number days/number of people per group lesson • Efficient use of water (pressure washers) - concern of amount of wafer used for the kennel operation M Building • Code Analysis • Comply with Chapter 7A • Gutters will need to be covered • Submit for a fee estimate — square footage of different uses will give you a better estimate • Outdoor kennel fencing does not require permits • ADA requirements — parking/signage/into the building/restrooms/to different areas of the building/doors Public Works No flood zone issues • • Does not appear any right of way dedication needed New drive way approach — need to determine if commercial approach — paved from the road to the right-of-way. Environmental Health . • Well/Septic Well — produce enough potable water to meet the requirements of the proposed keiuiel operations • # of employees is a key — less than 20 keeps you out of a community water system • Certified Designer to design the system — based on the commercial use. May need two systems (Cannot determine at this time) for the kennel operation and the residence • Possibly use common leachfield area. • Possible engineered system due to soils • EH provided list of Certified Designers • Animal Waste — utilized leachfield (concrete floors with drains) — need to work with Certified Designer. (Comingle wastewater system) Animal Control • Dog Barking Nuisance • Pest control issues • Concrete flooring in the kennel (for cleaning purposes) • Climate control - venting/fanning • New Kennel License — needed • Indoor/outdoor kennels; orientation of kennel or barriers for noise •Quarantine area for any new dogs coming in from out of county :rabies status Cal Fire/Butte County Fire • Code Analysis — Possibly needs to be sprinklered (Fire) if enclosed - Dog Kennels — Need to determine — commercial rated system 0 Stored water for firesprinklers residential and commercial) — amount needs to be determined. Separate tanks _ • Fire extinquishers • Access (all weather surface/turnaround) • SRA — enhanced requirements for building materials; defensible space; • Commercial structures — access to within 150 feet of any point of the structure • Defensible space is taken from structure (Shade structures may trigger defensible space) • 20 -foot wide for access road to the kennel operation • Residential access can be 10 feet wide Economic Coordinator . How to find employees • How to offset costs for employee training • Property assessed clean energy program — special financing (longer term) - PACE Program f f- ',V + k iii♦, #M NZ�a ,— _ • %�'`�+r' �.. ;' ` J A�h F .. .r, r. 1C if - ~•i ,? �• 5• ,- E 'r i..• IS',• ri\ •+••' � i 'i � _�- .• ,��• 4 , i i ee +'d i, .� ♦ ;. . . P.•T• ��,1 '` T •' i _! I• i. f, ' i Vr'` S • � •, , ♦� i.A+y � �• '-F! S. � r t �' •+ -. Et ��•,.kk •+"; _ . ht. \i 7,5.� «. `t ` e' •i .�i 7 EI Easy Peel® Labels; 4' r, ; : i A` � Bend along line to'. 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La garantia de sat de etlquetas que han pasado por ia_Intpresora una sofa vez: tltiliza solamente productos Avery para resultadros garantizados. -- k 1 TlS1 Sloftware y Plantiltas en a:very.com.mx 4NICESiTA AXUDA ' MWcoyCcntroAn6rlsed 05.800.52.28 79 . __ _ Argentina_ (52 5s) 561.610d Chile Corina yVerie3u®tG(M) 75431.35 ilcsio de Sud Amirlca 07011 Amy Dennison Corper flon. All dehta s a;amd, Avery and all ofhe. Ave(y16u 911011,•.vry Dennito0 C•rpottilan.Thus dratta th.MU. A.v.ry It 1•a aufrw mss ills, 61013 dvtry Dmnlson C•rpofall on. Tod os lac dueehcs raoen•doc nVaryyak i It. Lflav 05:25.12~ duct nen,w ind coda e,a aM'vadamerb oUvary Dennhon CmpaiJon, d• psndldic •rtou•cnverytbnided m•rq su d: wmmac• d'nv[y110 0tou C! [•a, nombs ac J• pi uds�aas y cddlloaAvory cmi muss aiieu•d•t de Avery Da pour plus Onfdrmatlon ite a is; Etiquettes (Labets) *, et le ).cession. la feuille imprimee derriere la feuille du rantie de performance Avery Dennison 4 lnformaclbn dentro de "Calidad de ' producto Avery para verificar la n Avery solo se extiende a hojas )0.773.2837 . 5.83.5165 stenclaPaverydennison.com MIX 11 tttTTT 1,4U41 IfMn r• po ,t• aaurm Iloil. fllqu•al•1. d u ce: u•poncablaa '� 1C EDqu•ta pma•a ... u. N•n!.. i.•poneabl•• ., FSCI COU7276 -raerw a 00 O Z 1, 28 `� � � Jolliffe, Stacey From: John Marek <jbparadiso@yahoo.com> _ Sent: f F Tuesday, September 30, 2014 1:37 PM To: Jolliffe, Stacey _ Subject: Re: Update re: Nadelhaus Kennel on Messilla Valley Rd; UP14-0004 9/30/2014 , Hi Stacey. My name is John and I am the owner of Critter Care Kennel just up the street less than a mile from this proposed -project. I tried to get a copy of boarding kennel requirements from animal control as they are the only governing body I answer to at this time. They referred me to Development Services. After about 1/2 hour of research on their page, I found the "DCE-5" which is apparently everything you need to know about building a kennel for profit in Butte County. I say apparently because it was the only form on the page not available to download. The other downloads available were for marijuana this and marijuana that and noise complaints and general complaints. I want to - thank the county for supplying me with all the info I need to grow marijuana and do it quietly, but I wondered why the kennel info is unavailable at this time. I called Development services and spoke to a very nice woman who was oblivious to what "DCE-5" was and told me she would find out and fax me a copy. True to her word, she called back 15 minutes later and said she was sending something but didn't know if it was what I was looking for. 5 minutes later I got a fax entitled "Good fences make good neighbors" It was a one page document telling me all about how to hide my marijuana growth from my neighbors. Thank you!! Now I can grow marijuana legally, quietly, and my neighbors won't know. The only problem is I don't wish to grow marijuana at this time. I am interested in making a living running my pet boarding facility. When I - called her back, I specifically told her I want boarding kennel code and requirement because of the proposed "Needlehaus " project. She then said, "OOOOOOOH.Let me direct you to the gentleman that's handling those questions. I got the voicemail of a very nice gentleman who never called me back. In correspondence between you and Ms. Needle, you explained that an "amendment" to current code shouldn't be a problem, but ' she would have to jump through some hoops to get it done. I want to know what part of the code you are amending for this woman and why. Aren't rules and code in place to protect not only residents in the area, but for my business as well? This facility has been here since 1979. Anyone who built a home nearby after that knew it was here and that it might be a problem for them as far as noise, traffic, and odor were concerned. To put another facility more than 3 times larger in an area that not only doesn't need it, is unwanted by local residents is madness. ' I say this facility is not needed because I have room for 30 dogs and 20 cats. My busiest month I averaged 20.25 dogs per day and 3 cats. I have passed every inspection by Animal Control with flying colors since I opened in 2001. 1 survived this last recession by the skin of my teeth. Unfortunately, I incurred a lot of debt to do so, but business is getting better so I should be able to pay it back, unless this new facility takes business away from me. Maybe you are looking at her facility as a "creation of jobs" . Bullshit. She is just moving jobs from one end of the county to another. If she knocks me out, I lose my job and my health coverage, my full time employee loses her job, and her health coverage. My part time employee loses her job. My other part time employee loses his job. You will also be displacing an armed forces veteran who lives on the property as a sort of night watchman. If that happens I'll let you know. Hope you sleep well at night after that. I say this facility is not wanted and you already know why. Numerous neighbors in the area DO NOT WANT IT!!! They didn't build their homes in a quiet, secluded a rural area to bothered by the noise of barking dogs!! And they have that protection under current zoning. Why would you put the desire of one woman in front of the desire of many taxpayers? In closing I would just like to say that I am a fan of the free market and I love democracy. I am not afraid of competition. What I am afraid of is our county officials bending rules and sidestepping public opinion to ram a project down our throat that no one in the area wants. < < Thank you. John S. Marek. On Tuesday, September 30, 2014 10:40 AM, "Jolliffe, Stacey" <SJolliffe@buttecounty.net> wrote: Hello All: f You are being sent this email because you are on the interested party list for the Nadelhaus Kennel, proposed on Messilla Valley Road in Butte Valley. The hearing on Traci Needles' proposed Use Permit UP14-0004 will not occur on October 23 as originally estimated. Noise study and additional well testing are being performed, which will take additional time to prepare. A hearing before the Planning Commission is now anticipated in December, 2014 or January, 2015. • i ,. t Correspondence. Correspondence received will be addressed in an Initial Study of environmental impacts prepared pursuant to the California Environmental Quality Act (CEQA); others will be addressed in the report to the Planning Commission regarding the project. Well test..A 12 hour capacity test will be performed in order to further define the production capabilities of the well as well as the exact storage requirements. The test will follow standards outlined by state requirements. Noise Study. The County is contracting with Bollard Acoustical Consultants, Inc. to prepare a noise study for the project. The noise study will be released with the CEQA Initial Study, tentatively anticipated November 1. This date is subject to change. Please do not hesitate to contact me with questions concerning the project. Please forward interested parties to me who would like to receive email updates and/or notice of the hearing. I look forward to addressing your concerns and taking this project to the Planning Commission for its decision on the Use Permit. Stacey Jolliffe Principal Planner Butte County Dept of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-6573 direct (530) 538-7785 fax (530) 538-5359 planning counter Email: saolIiffeAbuttecounty.net Website: www.buttecountv.net/dds DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto. September 6 2014 Re: UP14-0004 We, the undersigned, are very opposed to project # UP14-0004, the Messilla Valley 25- 100 dog breeding, grooming, training and boarding kennel. We are extremely concerned about noise pollution, water pollution, lack of adequate water to'the area and extra traffic to *Messilla.Valley. This valley is zoned for residential and agricultural use. The proposed project is commercial. There are many, many families that will be vastly, negatively . affected were this proposal to be accepted. r r y�ios �m cvoccC �� �33 0 — tp�rJA �Jm� ggioIM want o j� X33- %�93 r o - 7C 11A c� '32 o 6L ale V*0 532 0 6 2 1W2,WA-I-_VI'I1 M_- D�tn CDS 47 Ste-, vaut1 ��t4�; ��� Q5q 1 '5334-M4-3515. ��e�- C C � 4`7S vi Va ,ra gel Pwwtyawd �,,�gs� tos Ct4dmd -E. 6Ylb 4% 6 t M VaMtU )2d AUS VjqjUW6,4 gtscitis 1� Ki /� cJCo LL.� 3- 351 %'i �� � �' /yIESSI CC•A v� 'I' Ai�:. 1� E 3069 iVlescilla Vly Rd St4Wc Valle -%vv s33-8�7? Iten 0� :3 )o -I (I z AD cl 24., 7 _ 2.-,� 26 21. . 2 � _ V f September 6 2014 Re: UP14-0004. We, the undersigned; are very opposed to project # UP14-0004, the Messilla Valley 25- 100-dog'breeding, grooming, training and boarding kennel. We are extremelytconcerned about noise pollution„water pollution, lack'of adequate ” 10 water to the area and extra traffic to Messilla•Valley. " r This valley is zoned for,residential and agricultural use. The,proposed;project is commercial." There'a�re many, many families that will be vastly, negatively s� ' E F affected we his p oposal�to be accepted. � �, 2. 3�/ A. 5 l ,r ✓ . 4806 06,5s1 c'& v4U6 ID IttiLd!L. (.408� (a b _Z) 7. Go �Co o M,(SS1 ttA.' VAa E�,� �� 722 -I X 21 9. t , rkc, J r .. 10 , s= M - M vau. -(:A CISCM X3515 rm i 26 2b N S .M�d�►IL � �v �ibG ear � �-�- c;�-- ci 64( 3 o Miss. t -5�,44 '4 44" w�e-33 3 yey 3yg�-t . • Activity Card A10-000060-1 INV/NEGLI Priority Level: 4 Total Animals: 1 Animal Type: DOG Activity Address: 13213 ORCHARD BLOSSOM LN Cross Street(s): Activity Comment:. RP P/U HIS 5 MO OLD GSHEP AFTER 3 WK TRAINING -HAD WOUNDS ON NECK FROM COLL/ Owner Information: P000459 TRACI NEEDLES 13213 ORCHARD BLOSSOM LN CHICO CA 95973 Caller Information: P022146 WESS BROWN 5045 BAGSHOT RD FOREST RANCH CA 95942 Result Codes: 1 STMT 1 MC Officer: P999003 BROUSSEAU Clerk: BCLABAUG Call Date: 1/4/10 4:20 pm New Date: 1/6/10 3:42 pm Dispatch Date: 1/6/10 3:45 pm Working Date: 1/20/10 9:08 am Complete Date: 1/20/10 9:22 am Memos M10-000033 01/06/2010 No food/water, in cement cage, so thirsty/hungry 1 st tore up coke can in vehicle, then at home ate & drank til vomited 4 times. Also dog was jerked hard w/collar & had lump & wounds (scabs) on neck from spike (pinch?) collar. Rp has photos of neck. Says there are 20 other dogs there is very upset w/dogs treatment by female Tracy at Nadelhaus Kennels BC Sent statement to the R/P on 01=13-10 Brousseau AC3- t 1, Activity Sequences for A10-003127 r ' Seq: 1 13213 ORCHARD BLOSSOM LN, CHICO Y =Type: INV / BITE,v DOG BITE B10-000314 RLS DATE 10/6/10 ;`.,Officer: P999002 -Results: _1 .QUAR1 PH -LM + x i'..CaII Date: 09/27/10 :10:41 Working: 09/29/10 10:44 Completed: 09/29/10'11 40 F•° . R� Y Seq:`2 13213.ORCHARD BLOSSOM LN, CHICO i `Type: INV / BITEF DOG BITE 610-000314 RLS DATE 10/6/10 Officer: P999003 Results: 1 COMP f r � .i -,Call Date: 09/27/10 10:41 Working: 10%5/10 10:16 r y Completed.'10/05/10":10:61 w : - ------------- ------------------------------------------------------- ----------------------------- a' -Memos:, M10-002901. 09/29/2010 . a"posted htq, nah, unk info.on'involved dog. ph.1/m for traci to call 10-19 whnfo.dyt'09'-29--10 .`Pictures, Y •r Jim Butte County Animal Control Bite Report Bite Information BITE TYPE: SKIN BROKN BITE NUMBER: B10-000314 ACTIVITY NUMBER: A10-003127 DATE OF BITE: 09/26/10 QUARANTINE DATE: 9/29/2010 QUARANTINE END: 10/6/2010 QUARANTINE LOCATION: RES Bitinq Animal Information Owner Information VALID VACCINATION: UNKNOWN TRACI NEEDLES ID # P000459 . 13213 ORCHARD BLOSSOM LN ANIMAL ID: A032816 CHICO, CA 95973 ANIMAL NAME: CELLI, 5Y FEMALE DOG BLACK AND RED, GERM SHEPHERD Person.,Victim Information NICHOLAS SEYFRIED 1950 HOOKER OAK AVE CHICO, CA 95926 Victim Person ID #:P024954 VICTIM AGE: 0 YEARS SEVERITY: ABRASION PART OF BODY BITTEN: FLANK JURISDICTION: PLAYING REMARKS: t To Medlc-al Providers: lease complete the shaded pactim of report in xordanco with CA Health and Safety Code 1690 and 17CCR 2606 Send report via fax -tdlor mail Ie irrsesligating agency Gr Nraphic -cation of bite determines responding agency. 1 PK0NE FAX Butte County Animal ConVd- 538-r4earY9r•290 53a.6T79 City or Chico Animal ConMol • 8954926 695.4994 COy or Bins Animal Conucl - 86'!`5093 86e -S239 Coy of Gnolcy Anma1 Conlyd - 84&5678 0-t&3225 Cdy d Crowle • INWSPCAI 533.76:6 533.7684 Town of aardtbse - R?3AW iZ .,... _-'- 111 r -i" a.- -f tirss (StrMR. t?Iy! .. 1 �_S p .OFENTE FCRmATI PROVIDED BY I. 4 A-R—A [I/ lay PSG LUDE REPORT OF AMINAL BITE RESPONDING ANIMAL CONTROL AGENCY DATE OF. SrrE RELEASE CAS>r a s DATE RECEIVED BY ANIMAL CONTROL � �UJ�- $C� - Ur1711115 (ANIMAL NTROLAGENCY- PLEASE STAMP NAME OFAGENCY ABOVEJ FOR ANIMAL CONTROL USE ONLY r AEI 1. DOMESTIC ANALAL TO HUMAN )3ITE WLL13 ANIMAL DOMESTIC CONTACT EIVED BY'ANIMAI. LONTROL OFFICER . .. - ANIMAL VACCINATION CURRENT? YES NO MANUFACTURER SERIAL 7 VACCDIA7ING VETERINARIAN varr n.r------- NnNEOT YES NO GATE OUARANTIN EO OF QUARANTINE HOME VETCURIC SMELTER OTHER ADDRESS OFQUAgpNTINE iSlreeL CA -A PHON F r I � _— OUARANTIN EO ANINLALRELEASED7 YES NO DATE TIME • OFFICER _.- ___ LAR SPECIMEN TAXFN7 YES NO LAB r RESUL TS POSITIVE I NEGATIVE /�-• ANIMAL REVACCINATEO? YES NO OTI IER -`_ DATE 4- ] MAL fAC1LPY ANIMAL OWNER iNFORMATION (IF KNOWN) wORESs OWNER z.- a 40 n„-� TAME 9 w KM OF19TIIW ANIMAL ---ANIFr FE COUP TY - - TROL SEP 2 202 MIRq�0�1►,�- OROVILLE, CA 95 6 MedkW Ave Sep'2710 09:21a Animal Hospital 530876-8853 p.2 CL ENT RECEIPT Aitimat Hospital & The Velmobde ISO Wagstaff Road Paradise, California 95969 (S30) 877-3000 FAX (530) 876-8853 ve1Mobi1e2@pzhoo. cora Account !17058 Page t 91MOD9 Traci Needles 13213 Orchard Diossoma Lit, Chico, CA 95973 Balance forward: $0.00 D%be Op # Ubcoor '. QV D"Miption Annvunt (!E 7) ._„: , • Chip #:.species: citwee Color: ran Black Breed: Garman herdr: Sat: Female , r Ago: Weight:$ rears 10 months 12 days Or9/Q41n9 97 t 1.00 Rabies Vace - Canine - 3 Year 50.00 Sub -Total - Tax: 50.00 , Total: 50.00 Payments: 50.00 , Ending balance: $0.00 a �- aLL 914/2009 1:4457 PM RESPONDING ANIMAL CONTROL AGENCY BUTTE COUNTY ANIMAL CONTROL 202 MIRA LOMA DRIVE -7 OROVILLE,CA 95965 (530) 538-7409 or (530) 891-2907 FAX (5301.5386329 NOTICE TO QUARANTINE ANIMA L To Date Issued AddreSYCHY.'& Phone No. You are hereby notified to Quarantine (Securely -pen ,�up) your At *nW _jZm and DeS*VtM until C - The animal -shall. be:.'quarantined at -A C-) Date adaess .And shall not be removed from said premises during the quarantine period without the express permiss . ion of this department. This order is issued under provisions of the California Health and Safety Code, Title 17 California Code of Regulation and local ordinance. CONTACT THE RESPONDING AGENCY IF THE ANIMAL DIES, BECOMES ILL, OI )ACTS STRANGELY IN ANY WAY. CCopy Received by:. ) Issued by:, Date Received: NOTES: 7 V, 77 LAND OF NATURAL WEALTH AND BEAUTY DEPARTMENT OF PUBLIC HEALTH, ANIMAL CONTROL OFFICE a e.18 -B COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7409 or (530) 891-2907 FAX: (530) 538-6329 ,a/vsso•7 ivy. Cid«o C',g 95 9a S' • RE: BARKING DOG COMPLAINTS/NUISANCE CO# Dear Animal Owner, This department has received complaints regarding barking dog(s) that may reside at the above -noted property. If this is the case, be advised that continuous barking is a nuisance as stated: Butte County Code Section 4-1.1- Nuisance Prohibited/Barking As a responsible pet owner and good neighbor, please take immediate steps to prevent your dog(s) from creating a nuisance from continuous barking. Failure to do'so may could result in enforcement action. Additionally, be advised that all dogs over the age of four months that reside in Butte County are required to have a Butte County dog license. Proof of rabies vaccination is required prior to license issuance. Failure to license dogs may result in citation issuance. For .your convenience, enclosed please find a dog license application. If you have any questions regarding. this notice, please call the office at the above -noted phone number. Thank you for your anticipated cooperation. Officer�_bo e Badge -_5� BUTTE COUNTY ANIMAL CONTROL Enclosure - License Application BUTTE COUNTY ANIMAL CONTROL REQUEST FOR SERVICE 14855 Date: 7--1t /. Time: --'0'2 - /4 a.m.tj�Phone 4111111 Reporting Party: 77;n S Address:5"�1� Toss street Type of Request: Responsible Party: .Address: .Q Phone: (cross street Directions: �P o�r �onl a�1e-Uss G✓i�� 3 Disposition: Received by: .e5%me Date Completed: %9 — 9 `� Officer: bo -e, BUTTE COUNTY ANIMAL CONTROL REQUEST FOR SERVICE c .308455 Date: /� Time: ' 1 `' a.m./ .m. Phone P -- Reporting Party: Address:2CIi 4.f"e_ll ZZ CrossStreet) Type of Request: G� -� Z -� Responsible Party:: Address: 0. keA 64mj Phone: ross tree Directions: Disposition: Received by: Date Completed: ,--*"— /3' Officer: • counk LAND OF NATURAL WEALTH AND BEAUTY DEPARTMENT OF PUBLIC HEALTH ANIMAL CONTROL OFFICE Date / -�y - `7 D 18-B COUNTY CENTER DRIVE • OROVILLE• CALIFORNIA 95965.3397. TELEPHONE: (530) 538-7409 or (530) 891-2907 0__;9z„ 7 FAX: (530) 5386329 / 3 i G�ee��ta'/'�z�� Gam• w. RE: BARKING DOG COMPLAINTSINUISANCE CO# Dear Animal Owner, This department has received numerous complaints regarding barking dog(s) that reside at the above -noted property. Continuous barking is a nuisance as stated: Butte County Code Section 4-1.1- Nuisance Prohibited/Barking As a responsible pet owner and good -neighbor; o Prevent your dog(s) from creating a nuisance from continuous barking. Failure to do so may result . in legal action such as citation issuance. Additionally, be advised that.all dogs over the age of four months that reside in Butte County are required to have a Butte County dog license. Proof of rabies vaccination is - required prior to license issuance. Failure to license dogs may result in citation issuance. For your convenience, enclosed please find a dog license application. Thank you for your anticipated cooperation. , Officer Badge BUTTE COUNTY ANIMAL CONTROL Enclosure - License Application nds7 r , BUTTE COUNTY ANIMAL CONTROL C �Jg298 REQUEST FOR SERVICE Date: � Z6 do*" Time: a.m./p.m. Phone Reporting Party: Address- (crossstreet) Type of Request: Responsible Party: Address: 22 (/-Phone: cross street Directions: Disposition: l� .lam GSD 2 . n Received by: Date Completed: 9 Officer: } BUTTE COUNTY ANIMAL CONTROL C �Jg298 REQUEST FOR SERVICE Date: � Z6 do*" Time: a.m./p.m. Phone Reporting Party: Address- (crossstreet) Type of Request: Responsible Party: Address: 22 (/-Phone: cross street Directions: Disposition: l� .lam GSD 2 . n Received by: Date Completed: 9 Officer: �. BUTTE COUNTY ANIMAL CONTROL REQUEST FOR SERVICE C J08115 Date: Time: LIS' a. m. .m Phone 9"Wo - f Reporting Party: Address: 3 C r ro s reef Type of. Request: ` D of S r Res nsible Part- Address: Phone: kDo i (cross tree Directions: Disposition: S Received b Date Completed: 0 8� Officer: Date —/0-99 Z4 95973 y LAND OF NATURAL WEALTH AND BEAUTY DEPARTMENT OF PUBLIC HEALTH ANIMAL CONTROL OFFICE 18-B COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 959653397 TELEPHONE: (530) 538-7409 or (530) 891-2907 FAX: (530) 538-6329 RE: BARKING DOG COMPLAINTS/NUISANCE CO# Dear Animal Owner, This department has received numerous complaints regarding barking dog(s) that reside at the above -noted property. Continuous barking is a nuisance as stated: Butte County Code Section 4-1.1- Nuisance Prohibited/Barking As a responsible pet owner and good neighbor, please take immediate steps to prevent your dog(s) from creating a nuisance from continuous barking. Failure to do so may result in legal action such as citation issuance. Additionally, be advised that all dogs over the age of four months that reside in Butte County are required to have a Butte County dog license. Proof of rabiesvaccination is required prior to license issuance. Failure to license dogs may result in citation issuance. For your convenience, enclosed please find a dog license application. Thank you for your anticipated cooperation.. Officer Badge 13 BUTTE COUNTY ANIMAL CONTROL Enclosure - License Application bd.97 Butte County Department of Development, Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR VTp o ra,;� o 7 County Center Drive o '� o Oroville, CA 95965 (530) 538-7601 Telephone o ` (53.0) 538-7785 Facsimile cOUN'�y www.buftecounty.net/dds www.buttegeneralalan.net ' WE WANT TO HEAR FROM YOU In the desire to serve our customers well and make improvements, we'd like to know - how are we doing? Do you have a suggestion, issue; change, comment or question for the Department of Development Services? Would you like to contact. the Director, personally? • Visit our website www.buttecounty.net/dds and click on the suggestion box. • Call Tim Snellings, Director of Development Services on his direct line at (530) 538-6821 or, • Email Tim Snellings at tsnellings(@_buttecounty.net • Write a letter to Tim Snellings, Development Services, 7 County Center Drive, Oroville, CA 95965 Thank you for taking the tim(/e.�to ive us'your feedback . Assisting you today: ! t 1 v mi K:Forms/DDS/Customer Comment Form Blank Signature 032311 511-� c LCI C OLINTY I SEP 2 5 2014 1)EVEL0P\4EN f �ERv[cE David J. Saad, DDS 3240 Messilla Valley Road Butte Valley, CA 95965 September 18, 2014 Ms. Stacey Jolliffe, Principal Planner Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 BUTTE COUNTY SEP 2 2 2014 DEVELOPMENT SERVWES RE: Opposition to Proposed Kennel Business on Messilla Valley Road; UP 14-0001 Dear Ms. Jolliffe: I am writing to join the ranks of virtually the entire population of residents on Messilla Valley and Dry Creek roads. I am also aware that affected residents on the ridge overlooking Messilla Valley Road (in Mountain Oaks Estates) are also joining in the strong opposition to the proposed kennel business in our neighborhood. I own two parcels adjacent to the location of the proposed kennel, and a creek runs through the proposed kennel property and down through the entire length of my land. Few things could evoke feelings of fear and concern as .when one's peace, safety, and home environment are threatened. My_ family and I are no different from the rest of our neighbors who are absolutely unwilling to see our serene, natural and safe environment be surrendered to any business establishment in the middle of our neighborhood. This. kennel business would threaten our environment and water supply, add significant non-resident traffic, and not least of all, create continuous noise pollution that we would all be subjected to on a daily and nightly basis. The outlines of my concerns are as follows: The Noise Aspect: This proposed 100 -dog kennel would be placed in a literal valley. Imagine the peace of the night and the calm of the day being dominated by the barking and howling of dogs. Those of us who are in the vicinity _of this kennel will never know a peaceful night as long as we live there. The sound will echo in the valley and be heard through the canyon and up on the ridge. This.is no exaggeration whatsoever. We all know this from actual experience with much more minor transient noises in our neighborhood. Environmental pollution: As I mentioned above, my properties are downstream from the proposed kennel site. This stream has small fish and other life in it when it is running. My cows drink this water, and our home water well is in the immediate area. I am a dentist and anesthesiologist by. profession, but I was also trained as a biologist and researcher in the past. But one need not be a trained environmental scientist to reach the common sense conclusion that the waste, urine, medications and other matters will most certainly be carried by rain right into the creek from which my cows drink, where my children play, and the fish swim. My biggest concern yet is that this pollution will sooner or later find its way right into the water 114 well from which we drink. It is impossible for me and my wife, Julie, to accept that health risk to our children. Business traffic: All of the residents on Messilla Valley and Dry Creek roads were attracted to live here because of the country residential setting that is a picture of peaceful and serene living, and we have investedmuch to achieve our residency in such a setting. The proposed commercial kennel business will bring continuous non-resident traffic to an otherwise quiet residential road. In conclusion, I would like to ask you to assist us all in preserving our neighborhood as it has been for the . past half century or more. Please hear our collective voices and recommend denial of the zoning code amendment requested by Ms. Traci Needles. Thank you for taking the time to consider my family's concerns and add our voices to the vehement opposition: to this kennel. Please, keep us informed of all the developments regarding this matter, and please do not hesitate to contact me or any of the other residents should you have any questions for us. You can reach me directly at 530.520.9794 or david@northstatekidsdds.com. Si p e ly, David J. Saad, DDS ` cc: Supervisor, Doug. Teeter, Supervisor Steve Lambert, Supervisor Bill Connelly, Supervisor Larry Wahl, Supervisor Maureen Kirk, Ray Shook, Kevin Mefford, Jim & Rebecca Gamette, Jacob Atlas -9-e / 0 515 WALL STREET CARL B. LEVERENZ, P.C. CMCO, CALIFORNIA 95928 TELEPHONE (530) 895-1621 FAX (530) 894-5043 p BUTTE COUNTY SEP 18 2014 September 17,.2014 'DEVELOPMENT SERVWES Stacey Jolliffe Principal Planner Butte County Department of Development Services 7 County -Center Drive Oroville, CA 95965 Re: Conditional Use Permit 14-0001 Zoning Code Amendment Traci Needles Dear Stacey: Thank,y ou for,the opportunity to discuss..the above.projectA have been retained by Kevin and Diane Mefford who live at 3069 Messilla Valley Road. They andmany of their neighbors are concerned about this project as proposed. Zone Amendment: , I know that an.Agricultural general plan designation allows for a zone amendment to the text. As a matter of consistency with the general plan and this area, this is not a good project from a planning prospective. A) The existing uses are for the most part quiet and do not require much traffic on existing narrow roads. B)yThe.neighbors can hear lions being .fed in the mornings and evenings from:the,Kirshner compound, The specter of.75-100 barking dogs in anopen air compound starts out as a public nuisance. e I C) The. commercial nature of the proposed use (sale of dog grooming materials, leashes, etc.) would, together with traffic being generated from all urban area makes this use inconsistent with the current use of the area. Environmental Concerns: I have attached a letter from Al Beck dated September 17, 2014, which reviews some of his concerns. There is clearly a need for a real Environmental Impact Report to address the noise, traffic, water, drainage, what permits will be required by the California Fish and Game or the Corp of Engineers, or both. It is my understanding that many of the neighbors will be delivering to you a petition in opposition to this project. I would hope that you review these items with Traci Needles before she proceeds further to expend her resources on a project which will be vigorously opposed. If you would like to discuss this further with me, do not hesitate to contact me. Very tryly-yours, C �.LEENZ Attorney at Yaw cbl:sb Enclosure cc: Kevin and Diane Mefford Al Beck Tim Snellings Doug Teeter Rebecca Gammette Kristen McKillop From:Eco Analysts 09/17/2014 09:42 #202 P.002/005 - BUTTE COUNTY - I conducted my first dog kennel noise assessment in 1994 in Durham to assess the noise impacts of barking dogs on neighboring properties. In 2003 I conducted a noise study for the new Yuba County Animal Shelter; for a private individual in Chico concerned with barking dogs on an adjacent property; and for a private kennel in Dairyville in Tehema County. The information for the Tehema County study included measuring barking dogs at a kennel iri north Chico and in a veterinary hospital 'on the Esplanade. I also consulted with Dr. Sophia Yin, a veterinarian at U. C. Davis, studying dog vocalization and other aspects of dog behavior. Based on the results of these noise studies, I would be concerned about the frequency and levels of barking at the proposed facility. Significant triggers for dog barking would be the movement of wildlife in the vicinity of the kennels at night, and visitors/clients during the day. I believe that a detailed noise study should be required at equally large kennels or boarding facilities. Additionally, the specific movement of noise in general for that portion of Butte Valley should be analyzed. Additional problems would include the availability of enough water to maintain the kennels in a sanitary condition and disposal of waste matter and wash water. There are thvo ephemeral drainages on the site that drain into Dry Creek, and the plans seem to indicate fill in one or both drainages Sincerely, bert J. Beck; Ph.D. Attached; 2 dog noise charts SEEP IS 2014 DEVELOPMENT Eco -Analysts Carl Leverenz, Esquire y 1469 Humboldt Road 515 Wall Street suite 00 Chico,, CA 95928 Chico, CA 95928 (530)342-S991 17 September 2014 FAX (530) 342-1553 Dear Carl, You enquired about my background in noise assessment, especially that related to dog kennels. . I first began working on noise impacts to human health while in the U.S. Army in 1959-1960, and was responsible for requiring hearing tests for all light weapon range instructors. I conducted my first dog kennel noise assessment in 1994 in Durham to assess the noise impacts of barking dogs on neighboring properties. In 2003 I conducted a noise study for the new Yuba County Animal Shelter; for a private individual in Chico concerned with barking dogs on an adjacent property; and for a private kennel in Dairyville in Tehema County. The information for the Tehema County study included measuring barking dogs at a kennel iri north Chico and in a veterinary hospital 'on the Esplanade. I also consulted with Dr. Sophia Yin, a veterinarian at U. C. Davis, studying dog vocalization and other aspects of dog behavior. Based on the results of these noise studies, I would be concerned about the frequency and levels of barking at the proposed facility. Significant triggers for dog barking would be the movement of wildlife in the vicinity of the kennels at night, and visitors/clients during the day. I believe that a detailed noise study should be required at equally large kennels or boarding facilities. Additionally, the specific movement of noise in general for that portion of Butte Valley should be analyzed. Additional problems would include the availability of enough water to maintain the kennels in a sanitary condition and disposal of waste matter and wash water. There are thvo ephemeral drainages on the site that drain into Dry Creek, and the plans seem to indicate fill in one or both drainages Sincerely, bert J. Beck; Ph.D. Attached; 2 dog noise charts Jolliffe, Stacey From: Thistlethwaite, Charles Sent: Tuesday, September 16, 2014 7:48_ AM , To: Jolliffe, Stacey Subject: FW: Messilla Valley Stacey, , FYI. I did not respond directly to this e-mail as I noticed it came from the same e-mail address at the one I forwarded to you yesterday from Felicia Tefs. Thanks, Chuck Chuck Thistlethwaite, Planning Manager Butte County Department of Development Services Phone: (530) 538-6572 From: felicia tefs [mailto:feliciajt5@gmail.com] Sent: Monday, September 15, 2014 6:22 PM ' To: Thistlethwaite, Charles Subject: Messilla Valley I am writing this letter in regards to the requested use permit of Traci Needles for a dog kennel on Messilla Valley Rd. Ms. Needles wants a permit for a 100+ dog kennel for breeding and boarding. Her parcel as per zoning map is designated agriculture. My family and I have lived on Mesilla Valley Rd. for over 13 years. We moved here to breed horses and cattle like most people do in this valley. Messilla Valley is a quiet and peaceful place. Ms. Needles states that her dogs don't bark, I find that very hard to believe. She also stated that she will be boarding outside dogs, (we all know that when dogs are boarded they bark, more because they miss their home, and because there are other dogs) The noise will not only affect the homes around the kennel, but will travel up Dry Creek Rd and all the way to Mountain Oak's Estates. You would not want this in your neighborhood, as we do not want it in ours. Thank you- ' Marlisa Meyers ._ 1 > 0 DuranDesign . UJ k1d Ms. Stacey Jolliffe: Planning Department , Butte, County It has come to our attention that our adjacent neighbor Traci (no last name) is trying to get a permit to establish a 100 dog kennel on her property. This is something that the "Durans" are very opposed to! This issue brings many challenges with it, noise, possible well water contamination and possibly lingering smell from the kennel waste! On the noise issue, we would lose the peace and serenity that we enjoy at present. I am sure that all the urine from the dogs will find its, way to the ground and eventually the well water. The feces of the 100 or so dogs might not be such a problem for our neighbors that are further away but, we are next door! We are in the process of getting a building permit and our neighbor on the opposite side has already built a beautiful house on his property so, things are looking very residential on Messilla Valley Road. I think we and our neighbors would like to keep it that way. I think Traci would do better where there aren't any residences close by. I think her proposal for a 100 dog kennel would truly hurt the peace and serenity of Messilla Valley Road. It would also hurt the value of property here! I think the majority of our neighbors have the same sentiment as us in trying to keep the 100 dog kennel out of this area! Regards, Abby Duran Title holder at 0 Messilla Valley Road B 'VO ­flfA 'I'T I 1VIay�302014 r '�Ar§RAE-V-S'k,!Y' CATH Di R k4 A., LJUNb­" Rd,�M Q MAK, HEALYH ICE12 Y+ MARK 8EOFF WWW .&UTTFtOUNtY--,NET/- PUB 1, H LfH B_1tJTPWV!lR0.NMtNTAL WEALTH. b DIVISION` pUNTY, ,JUN 24-2#m DEVELDP\4ENT xs� EID] North Valley,Building Systems.�---'��.SERVIC A ft ri-� .Bret"Wo-O" d 14 JUN-�",2614 Ay - Chi 95928.' R A kation for 0 P SO 6fmit M Valley Y, RE, essi a,,. alley Rd;;'APN 41-OqQ­j4q: �PREAP14 0004' YV` V' .I ., This deppombnt A", s7�comjp`ldf6d,,... -i6i6- r-eviie.w`;o�d0 ,O.t 14iin. . , ' . t1ocab ab0 commercial 6Ck�fin6lj6upt f6,0;do`ion the above parcel: You ossible tau eIn'icat6d hOtAh biw�w employees five' 'days ;pa kand that yQq Hat may '�' '� VO'Of!6"6t-two 'c'(i6t6�n,6i�s:�6t,attQ .iMe n,*§qq*;10 ropo ,qr pick upanimals., ,Additionally, ,the ,applicant h.at:ihd';d dlfia-the'fr" waste h;Ojwily How fd r-di§06s41,6f` the , animal Waste in itheir providedreceptacle, 6 pq­ owner propogd­it, ' hoOt fhe.:'' :10,61ii'd—t "th, animal i& throughout: roug. _.da and .,depotit, it IhAhOl, ttA§h-. The :proposed' h, that ' will n eoessa noo' Aotievashdd.dq, A,esiblhbf the,kdri6 1"t r Provided:that; -.the ;:,ap application: 68�91.:presehtiad to the Development;; -Services, pli6 and ' 0t6p Vt b 6p'a : tne h t: c' On"i 6 t ft i sr the d project' m to.ur.- I., project submitted -6d :1 - � :prepared to. approve thA 46h thd,f 1ih�,.co' "perml, ...... _0 . .n 0004 bear water fo.�.o _pate.pota ebtain .abuilding clearance'qr,�. commercialand/or residential hl Z A C Certified Designer vh-all be required 4or the d"esigo of the commercial fified,,, wastewatersystem The � 06d Designer shall provide;proof:of compliance �with all'd_9?A,c'­abe­ 'i, 'af qujrQme-nt f' of human id"46inw-waste, Pr'O'-'V'i d'e *, ii, approximate., number o Afidhs- of water wash; - ne, - on: a. i b9si§:. T�OU may: p, required TQ the: dbwh, the daily b"' I—— - kennel I ' . . ,Regional. . Wates :Q 61 Board 'i _d 66t fi Waste D'iich_arge n Requik�q�e�t- Yp4shou'ld be review proposal `6eaff's-su. bmit.tdd to,QDevelopment Services * J_h_Os..6 'otheri agenciesMay,hconditions that MIa1. - -' I 1; ! Id gniicaniiyalter,ypuvPrOj8CA t . the :extent that nee qbhang QurpQnditibot.Our tefita V6,40Ot 61 Ofthis ,pre -applicationousfnot be. interpreted a aprby 1,by TES 530":538 781 � 2Q2 Mii�► Lor�.DnivE CA 9S965, TO eR'OTrz:CT 7Fi'E'<PUQ41C THROUGH PROMOTING AN D.[V.1 U DUAL, COM,M.NITY'vAN 0 ltk V (RO . 4V ,j'0 .COUNT v NVBS, Bret Wood May 30, 2014 PUBLIC HEALTH Page 2 of 2 County for this proposal. The entire formal review procedure must still be completed through the Development Services Department. If you have any questions contact this office between 8:00 am and 5:00 pm, Monday through Friday. Sincerely, Charlotte Walters Environmental Health Specialist cc: Butte County Planning Department r' BUTTE COUNTY r STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Nadelhaus German Shepherds DATE: 7/8/14 . AGENT: NVBS APN: 041-030-149 FILE #: UP14-0004 PLANNER:' PROJECT DESCRIPTION: Those items checked are conditions of approval. - PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ® 1. Prior to establishing use, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the county improvement standards and the terms of the encroachment permit. ❑ 2. Prior to establishing use, repair/restore private access road to like -kind condition that existed prior to construction of communication facilities. ❑ 3. Prior to establishing use, deed to Butte County in fee simple' feet of right-of-way from the physical centerline of along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. ❑ 4. Prior to establishing use, submit road and drainage improvement plans to the Land Development Division for construction of street frontage improvements on 9 . Improve parcel' frontage to a %Z+ 12' / full street section on I to an RS-, county improvement standard including curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or provide a performance bond and labor and material bond for the construction of the required improvements prior to establishing use. ❑ 5. Prior to establishing use, relinquish abutter's rights of access to Butte County along the' frontage of parcels', except at approved access points. ❑ 6. Access to the proposed use is limited to California legal trucks as defined by the California Department of Transportation. If Surface Transportation Assistance Act (STAA) truck access is proposed by the applicant either currently or in the future, comply with STAA route requirements for large truck turning movements. Prior to establishing STAA truck use, improve intersections and street curves from proposed use to an existing route designated for STAA truck use. Submit road and drainage plans to the Department of Public Works for plan checking and approval prior to construction. Obtain an encroachment permit and construct the improvements in accordance with the approved plans. B. DRAINAGE ❑ I. Prior to establishing use, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to establishing use, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-22. Show on the additional map sheet the elevations (by contours) and the location of an accepted NAVD 88 benchmark and a temporary benchmark on-site. ❑ 3. Prior to establishing use, pay drainage impact fees per Article XI, Chapter 3 of Butte County Code. C. LEGAL LOT STATUS ® 1. Prior to the issuance of the use permit, prove to the satisfaction of the public works director that the parcel of the subject application is a legal parcel. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecountv.netldds www.buttogeneralplan.net July 30, 2014 Ms. Traci Needles Nadelhaus German Shepherds 13213 Orchard Blossom Chico, CA 95973 Subject: Conditional Use Permit UP14-0001; Timing of approvals for your kennel, residence and related improvements at Messilla Valley Road (APN 041-030-149) Dear Traci: Thank you for the opportunity to process your application for Conditional Use Permit UP 14-0001. You seek to construct a single family home and a kennel at Messilla Valley Road (APN 041-030-149) for up to 100 dogs and 20 cats. This letter serves two purposes. It spells out the process to get the Conditional Use Permit to a Planning Commission hearing, and it identifies major milestones and estimated approval dates to assist you in timing the construction of your kennel, residence, and related improvements. Conditional Use Permit UP14-0004 Staff discussed the application for Conditional Use Permit UP14-0004 at an Internal Department Review (IDR) meeting on July 23, 2014. CalFire/Butte County Fire noted that structures should be set back 30' from the property lines In State Responsibility Areas (SRAs). Public Works Department indicated that the encroachment permit applied for from the Public Works Department canWIl be issued after approval of the Conditional Use Permit. The IDR discussion focused primary on water availability and wastewater capacity and how best to demonstrate at hearing that the water and wastewater needs of the project will be met. From similar past projects, it is our experience that these issues can be contentious in the Butte Valley area. County staff recommends that you submit the following information to address these issues: 1. Water Yield. We understand a well is currently being drilled at the Messilla Valley site; please forward information regarding water yield to the Environmental Health Division when you have located the well site and depth. This will help demonstrate adequate provision of water for the project at the Planning Commission hearing. 2. Staff recommends that additional work be undertaken to demonstrate adequate provisions for disposal of wastewater (i.e. septic system capacity) prior to the Conditional Use Permit hearing, given the maximum number of dogs and potential water quality concerns. a. Site Evaluation. Please apply for your site evaluation for septic systems from Environmental Health Division to help Identify suitable soils for septic systems on site and to assist in determining the type/size of system required. b. Please provide a letter from a certified designer specifying the type of system(s) proposed and confinning the ability of the system(s) to meet the wastewater demands of your project. Major Milestones and Tentative Processing Schedule Four primary approvals by Butte County are required to achieve your objectives: 1) an Zoning Code Amendment to Butte County Code BGC Table 24-13-1 to allow kennel improvements in the AG zoning designation; 2) a Conditional Use Permit for the kennel at the Messilla Valley Road property; 3) a building permit for the kennel; and 4) a building permit for the residence. I 1; Zonihd:q 4"Amendment The code, amendment has been initiated O.V Butte 'County Department` of Development Services and is taking .place .independent from •your Conditional Use,Permit and building permit applications. The needed code amendment .is tentatively; scheduled to go to the Planning Commission on October >23, 2014and .will proceed to the. Board of Supervisors in November or December; acro"ding to our best estimates. The.ordinance_approving the code amendment Will become effective:3O-days after Board ,approval.. As discussed, the. zoning code.., amendment must be. approved in order toassue.a building, permit for the kennel: 2. C ondi til onal.Use Pernii.t:UP14-0001 Condibonal:Use Fermrt;`UP14-o6oi is being processetl concurrent with'the zoning code amendment; I will process the Cond►tiI r . Use P,er 1 application through the:Planning. Commission: while `the: code amendment is being 'processed; Your use permit has been tentaWely,sche•dyled for the Planning Commission on October 23, 2014. ,Based on"ttie above estimated timeframe, ,the.code amendment.shoutd allow you to pull a building.permit for •construction .of the kennel•:as soon as,th,e Zoning Code`Amendnient becomes effective:. 3 & 4; Building Permics;for.. Residence and: Kennel You may:submrtyour app'frcations for the building permit for.the kennel aVany lime; as`necessary;to.expedite processing, .but the building; permit -for the kennel cannot be.•issued by the County :until the .code amendment and' Conditional, Use. Permit are approved: Building Division staff estimates it may take approximately one month to: plan check your.building. permit forihe kennel -or longer if your project team takes -a long time responding`to plan: check corrections. You.would'be proceeding at your own .ri§k (to submit a building permit prior to.approval of the code -amendment), because no one.can' guarantee'Jhe future action by the°;Planning Commission (on th'& Conditional Use, Permit) or Board of Superwsors'(on the code amendment).: If you, like staff believe the Conditional Use Rermitarid code amendment will be approved,.you.rr ay submit thefbuildmg permitahead°;of the code amendment approval, so.that;the building permit forthe.kenoel is ready: to A.residence in ttie.Agncuiture zones is a permltted:use, you may tie submitand o6tam.a bulding permit.forthe residence at:�this time We. understand that. you will only proceed with a residence at this location' if -'you .can also ,build the kenriel; however you may�apply for and;:receivetlie building permit at anytime,after proving; well andseptic: I, 'hope this letter,assists: you n :understanding ;and planning for the: Butte County process required to :approve your project _ If you have quesgions;. qr ! can tie of assistance, please confact_me ai siolliffe buttecounty:net or 530=53.8'- 6523. , Sincerely,; Stacey-J.olliffe Pthdipal.;Planner 60:1 Bret Wood North Valley Building Systems Aridy,Johnson Veh6e ii Engineering Kristin McKillop ;Eny�ronmental Health Division. Chuck Ttistlethwaite, Planning Manager 61 . �v COST ESTIMATE FOR COMPLETION OF UP14-0004 (Traci Needles) Tasks Responsible Parties Planner Hrs. Assumptions: Application Processing , Initial Study Completion Principal PI 20' One Planning Commission report GP/Zoning, vicinity maps prepared Planner 0.5 $350 (deposit) requried to publish two notices COAs Assembled & Complete Principal PI 1 No conditions of approval.are required to address policy or design issues. County Counsel review and discussion Princ. PI. County Counsel 1 No charge for County. Counsel review. CEQA, Mitigation distributed to Applicant Principal PI 0.5 Public and Agency Review Principal PI. Admin 1 $50 fee required to file NOD / a CEQA Owner/Rep signature on MND Principal PI 1 One meeting, if needed, to discuss mitigation CEQA set public review period begin/end dates Principal PI 0.25 No significnat USFWS, ACOE, and CDFG interface required Enviro Notices (NOIA, NOC)/Hearing Notice List Principal PI 0.75 NOA sent to newspaper, need ATR Project Planner 0.5 NOC, Env Docs sent to OPR, Interested Agencies& Parties Admin/Principal PI Prepare responses to comments received on IS 16 — Planning Commission PC Staff Report Prepared Principal PI. PI. Mgr. 9 One Planning Commission report PC hearing notice sent to newspaper, as needed Admin $350 (deposit) requried to publish two notices PC assemble hearing packets (See PC Hearing Checklist) Principal PI. 1.5 PC Planning Commission Hearing Date Prin. PI., PI. Mgr. 2 Post Planning Commission POSTPC Prep Final Resolution with COAs/ close-out POSTPC Final Invoice Principal PI. Admin 1 $50 fee required to file NOD / a POSTPC NOE-NOD prepped and filed, need AVR Principal Pl. 1 2181.25 CDFG fee requried with NOD Hours by Role 57 Total Est. Planner Hours 57 x $171.97/Hr. _ $9,802.29 Noise Study (Approx.) $2,500.00 Requested ReDeposit $12,302.29 I Oak Tree Protection Measures All existing oak trees greater than 5 inches shall receive the following protection: 1. The location of all.existing oak trees will be shown on a map 2. This map will be used during the planning phase to minimize construction impacts. 3. A root protection zone for existing oaks will be established at a distance of 1.5 x drip line. 4. No construction activities, such as trenching, soil piling or staging of vehicles should be conducted with in the root protection zone. If construction activities are needed within the zone, impacts should be minimized. Wood chips or 5/8 inch plywood may be placed over the affected root protection zone prior to work. Trenching should not impact more than 30 percent of the root protection zone. Severed roots should be cleanly cut with a sharp saw to reduce infection. 5. A protective barrier shall be established around the root protection zone if construction activities are planned to adjacent to affected trees. 6.. Existing oaks should not be defaced, damaged or severely pruned during construction. 7. Irrigation systems or establishment of turf should be outside of the root protection zone. �y ?t,ki wecit (1Ham rF L Setting: The project site is served from Durham-Pentz Road by Messilla Valley Road, a public roadway. Located in a rural residential area of the County, population densities and automobile traffic are low in the immediate vicinity of the project site, although considerable traffic related to Butte College occurs one mile to the west'of the project site on Durham-Pentz Road. The County maintains the following traffic count stations relevant to the proposed kennel loc tio'nr' as shown on Attachment _. (Traffic Count Locations) 'Pr r h r TRAFFIC ROAD ROAD NO.Level STATION NAME of Service NO. 250 Durham 43341 Durham Pentz Road WEST of its \ N/A ) 1410 Pentz Road intersection with Wheelock Rd. 250-A Durham 43341 Durham Pentz N/A 2057 Pentz Road Road EAST of its intersection withClark Rd. L /77 250-A Durham 43341 Durham Pentz 4 -Apr -02 N/A 2079 Road EAST of its intersect• th— 251 Messilla 45455-A Messilla valley .280 323 Valle Road Valley Road SOUTH of its intersection with Pentz Rd. y �j�/ `!Gf' / , C7p / /y 252 Pentz Road 45471 Pentz Road 1690 1959 NORTH of its intersection with Messilla Valley Rd. (s/f/�Qj gel !' l ✓_ C `i 253 Pentz Road 45471 Pentz Road 10 -Jul -03 1653 1466 NO oiits ( �` rsectio wither Durham Pentz Rd. 254 Pentz Road 4-5471 Pentz Road 1653 1466 SOUTH of its intersection with Durham Pentz and Z�� NORTH of its l / intersection with SH 70 JOurce: tsutte Lounty, ruoltc worKS uepartment, l ramc apeed atuates, http://4�1vw.battecounty.net/piiblieworl,s/Divisions/Ens ineciins�g/Tra1'.ticSpeedSttidies.asux ■ Butte County Department of Development Services ■ I ■ Initial Study— ZCA14-0003 ■ Page 56 of 33■ ' CIRCULATION ELEMENT TABLE CIR-2 PEAK HOUR LOS VOLUME THRESHOLDS BY FACILITY TYPE Facility Type A B C D E F Minor 2 -Lane 0-90 91-200 201-680 681-1,410 1,411-1,740 > 1,740 Major 2 -Lane Highway/ 0-120 121-290 291-790 791-1,600 1,601-2,050 > 2,050 Expressway 1,311-2,060 2,061-2,170 > 2,170 2 -Lane Freeway 4 -Lane, Multi - 1,111-2,010 2,011-2,880 2,881-3,570 3,571-4,010 Lane Highway/ 0-1,070 1,071-1,760 1,761-2,530 2,531-3,280 3,281-3,650 > 3,650 Expressway Auxiliary Lane 0-1,410 2 -Lane Arterial - - 0-970 971-1,760 1,761-1,870 > 1,870 3 -Lane Freeway 0-1,700 1,701' 3,080 3,081-4,400 4,401-5,410 4 -Lane Arterial, > 6,060 3 -Lane Freeway + , Undivided - - 0=1,750 1,751-2,740 2,741-2,890 > 2,890 4 -Lane Arterial, 2,011-3,640 3,641-5,180 5,181-6,350 6,351-7,100 .Divided , - - 0-1,920 °1,921-3,540 3,541-3,740. > 3,740 6 -Lane Arterial, 7,281-8,140 >8,140 Major 2 -Lane Divided - - 0-2,710 2,711-5,320 5,321-5,600 > 5,600 3-LaneArterial, i -Way Roadway - 0-1,310 1,311-2,060 2,061-2,170 > 2,170 2 -Lane Freeway 0-1,110 1,111-2,010 2,011-2,880 2,881-3,570 3,571-4,010 > 4,010 2 -Lane Freeway + Auxiliary Lane 0-1,410 1,411-2,550 2,551-3,640 3,641-4,490 4,491-5,035 >'5,035 3 -Lane Freeway 0-1,700 1,701' 3,080 3,081-4,400 4,401-5,410 5,411-6,060 > 6,060 3 -Lane Freeway + Auxiliary Lane , 0-2,010 2,011-3,640 3,641-5,180 5,181-6,350 6,351-7,100 > 7,100 _ 4 -Lane Freeway 0-2,320 2,321-4,200 4,201-5,950 5,951-7,280 7,281-8,140 >8,140 Major 2 -Lane Collector - - 0-550 551-1,180 1,181-1,520 > 1,520 Source: Highway Capacity Manual 2000. Transportation Research Board, Washington, D.C. State facilities in Butte County are generally LOS D in rural areas and LOS_ E • in urban areas. It' is also worthwhile to note that the volume thresholds used to determine LOS are not uniform throughout the region. For example, the City of Oroville 2030 General Plan uses substantially higher volume thresholds for determining LOS on arterial roadways than those summarized in Table CIR-2. BUTTE COUNTY GENERAL PLAN 2030 z181 Bollard Acoustical Consultants, Inc. (BAC) Introduction The proposed Nadelhaus German Shepherd Dog Kennel (project) is located on Messilla Valley Road in Butte County, California. The project applicant currently boards a limited number of dogs at an existing kennel located in Chico California. The project proposes to construct a new kennel in order to house up to 99 dogs, not including puppies under 4 months of age, and 20 cats in a 3,850 square foot open-air facility with a 10,000 square foot fenced outdoor area, for boarding, grooming, and training activities. This facility would be located approximately 435 feet away from the nearest adjacent residential property line. Despite the substantial setbacks from existing residences in the area and shielding of the project site in the direction of the nearest residences by intervening topography, Butte County has requested a noise study be prepared to determine if project noise generation (dogs barking) would be satisfactory relative to Butte County and California Environmental Quality Act (CEQA) criteria for acceptable noise exposure. In response to that request, Bollard Acoustical Consultants, Inc. (BAC) was retained by the County to prepare this analysis. The Messilla Valley Road project site and existing Chico kennel are depicted in Figures 1 and 2, respectively. Acoustical Terminology Noise is often described as unwanted sound. Sound is defined as any pressure variation in air that human hearing can detect. If the air pressure variations occur frequently enough (at least 20 times per second), they maybe interpreted as sound. The number of pressure variations per second is called the frequency of sound, and is expressed as cycles per second or Hertz (Hz). Definitions of acoustical terminology are presented in Appendix A of this report. Measuring sound directly in terms of pressure would require a very large and awkward range of numbers. The decibel scale was devised to address this problem. The decibel scale uses the threshold of human hearing (generally 20 micropascals of pressure) as a point of reference, defined as 0 dB. Other sound pressures are then compared to the reference pressure, and the logarithm is taken to keep the numbers within a practical range. The decibel scale allows a million -fold increase in pressure to be expressed as 120 dB. Another useful aspect of the decibel scale is that changes in decibel levels correspond closely to human perception of relative loudness. Figure 3 illustrates noise levels associated with common noise sources. The perceived loudness of sounds is dependent on many factors, including sound pressure level and frequency content. However, within the usual range of environmental noise levels, perception of loudness is relatively predictable, and can be approximated by filtering the sound signal using the standardized A - weighting network. There is a strong correlation between A -weighted sound levels (expressed as dBA) and community response to noise. For this reason, the A=weighted sound level has become the standard descriptor for environmental noise assessment. All noise levels reported in this section are in terms of A -weighted levels. Environmental Noise Analysis Messilla Valley Road Dog Kennel - Butte County, CA. Page 1 Figure 1 Nadelhaus Kennels Project Site, Noise Measurement Sites & Nearest Residences BOLLARD Acoustical consultants +.e_ ``r' `'- Vii- � �.. '�► I , • 4 V. zM Q : Noise Measurement Location 0: Nearest Residences : Project Site Boundary Scale (feet) 0 500 1,000 y► . U • w JE e i kA 71 's j"ffii �4. "r ♦ J ti'tr� 3.r 1 a>'u�f' : •i..� /� ^ '1 r ♦ lT..I i. °�"..I•.r _ FTm e 'F _ •••""�. �.�'- ...� .. :...::......tea � ,�. _ "- z rJ � `: 110 Legend ''1r'�.' ""•+ �-i-.:. v `:`^a � a J)*� s�� •i `��` ,�r��`� �.}r� ��TJ` � ' .� j 4 r• 0 0 .' - -• y Bollard Acoustical Consultants, Inc. (BAC) Figure 3 t DecibeliScale id ' A _ .. 12-Gauge Shotgun 160 ' Jet Takeoff 1 Pneumatic Riveter 124 1 ' —.•� Hammer Drill 1_14 Chainsaw 110 - r,,� •.._•-�: .,.a ,';gym ...;�• - �_. a i (. 1 httpJ/ra-ccomJttearingconservatlen/faQ_maln:chn 'r. ' ; } Community noise is commonly described: in terms of the ambient noise-level, which' is defined as the all-encompassing noise level-associated with a given noise environment: 'A common %statistical tool to measure the ambient noise level is the average, or equivalent sound level (Leq): The Hourly Leo (equivalent sound level over a 60 minute period) is the foundation of the f Community Noise Equivalent Level (CNEL) and shows very, good correlation with community _ 5 ' response to noise. The Ldn is based on the average sound level over a 24-hour day, with +5 and +10 decibel weightings (penalties) applied to sounds during evening (7 p.m. -. 10 , p.m.), and nighttime hours (10 p.m.'- 7 a.m.). The evening and nighttime penalties are based on the fact x r, :that those periods are more noise-sensitive than daytime hours. Environmental Noise Analysis Messilla Valley Road Dog Kennel - Butte County, CA. . Page 4 I • Criteria for Acceptable Noise Exposure Butte County Exterior Noise Standards 0 Bollard Acoustical Consultants, Inc. (BAC) Butte County General Plan Health and Safety Element provides exterior noise standards for noise -sensitive exterior areas within the County. The standards are provided in terms of maximum (Lmax) and average (Leq) noise descriptors for daytime (7 am — 7 pm), evening -(7 pm — 10 pm) and nighttime (10 pm - 7 am) periods. The standards are further categorized under "Urban" and "Non -Urban" headings. Because the subject property is zoned Agricultural (AG - 40), the "Non -Urban" noise standards are applied at a position within 100 feet of the residence or at the property line if the residence is closer than 100 feet. The specific noise standards of this section are shown in Table 1. Table 1 Butte County Exterior Noise Standards (Table HS -3 of County General Plan) Noise Level Descriptor Daytime (lam — 7pm) Evening (7pm —10 Nighttime (10 pm — 7 pm) am) Urban Non -Urban Urban Non -Urban Urban Non -Urban Hourly Average (Leq) 55 50 50 45 45 40 ` Maximum (Lmax) 70 60 60 55 55 50 1. "Non -Urban designations" are Agriculture, Timber Mountain, Resource Conservation, Foothill Residential and Rural Residential. All other designations are considered "urban designations" for the purposes of regulating noise exposure. 2. Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. These noise level standards do not apply to residential units established in conjunction with industrial or commercial uses (e.g. caretaker dwellings). 3. The County can impose noise level standards which are up to 5 d6 less than those specified above based upon determination of existing low ambient noise levels in the vicinity of the project site. 4. In urban areas, the exterior noise level standard shall be applied to the property line of the receiving property. In rural areas, the exterior noise level standard shall be applied at a point 100 feet away from the residence. The above standards shall be measured only on property containing a noise sensitive land use. This measurement standard may ' be amended to provide for measurement at the boundary of a recorded noise easement between all affected property owners and approved by the County. In addition to the County's General Plan noise standards, Section 41A-12 of the Butte County Code of Ordinances addresses nuisance provisions specifically relating to barking dogs. 41A-12 Barking Dogs Butte County Animal Control handles complaints concerning barking dogs as set forth in Butte County Code Chapter 4, Animals, Article IA, Barking Dogs, which addresses the abatement of barking dog complaints within the unincorporated areas within the Spheres of Influence of incorporated cities. Sections 4-1.1, Nuisances -Prohibited, and 4-1.2, Same - Defined, prohibit allowing a dog to commit a nuisance in the remaining unincorporated areas, where nuisance is defined in 4-1.2(e) as "creating a disturbance in a neighborhood by howling, barking or making unusual noises." Environmental Noise Analysis Messilla Valley Road Dog Kennel - Butte County, CA. Page 5 S Bollard Acoustical Consultants, Inc. (BAC) Existing Ambient Noise Environment The existing noise environment in the general project vicinity is defined primarily by light traffic on ' Messilla Valley Road. To quantify existing background noise levels in the project vicinity, ' ambient noise level measurements were conducted at three locations on the project site from November 8 - 11, 2014. Please see Figure 1 for noise measurement locations. - Noise monitoring equipment consisted of Larson -Davis Laboratories (LDL) Model 820 and 831,'"�. precision integrating sound level meters'. The meters were calibrated in the field before use with ° x an LDL Model CAL200 acoustical calibrator. Table.2 shows a summary of the ambient noise = u measurement results. Detailed noise measurement results are provided in Appendix B. Table 2 Measured Ambient Noise Level Summary - Messilla Valley Road Dog Kennel Project Vicinity — Butte County, CA _. a . Measured Noise Level (dBA) ` Daytime Evening Nighttime- Site Date Leq Lmax Leg Lmax Leq Lmax ' Saturday, Nov. 8 .44 73 39 61 36 65 ti t Sunday,'Nov. 9 43 74 37 58 37- 68 A 'Monday, Nov 10 43 70 38 51 38 56 .` Tuesday, Nov 11 42 70 35 55 39 62 + ! ' ' Saturday, Nov. 8 40 63 39 •59 ' 38 58 a..' Sunday, Nov. 9 39 68 37 61 37 4 .67 . -.B } Monday, Nov 10 40 63 ,, 39 61' 38 60 - Tuesday, Nov 11 39 68 32. 50 39 58 . , ' tt Saturday, Nov. 8 44 • 73 39 61 36 65 Sunday, Nov. 9 43 74 37 58 37 68 C . Monday, Nov 10 43 70 J 38 51 ' 38' " 56 Tuesday, Nov 11 42 n# 70 35 55 39 62 ` Average of all 3 Sites: 42 70 37 57 38 ` 162 - 62 ' Butte Butte County Non -Urban Standard: 50 60 45 55 40 3 • r ! .Adjusted Noise Standards; 40'' S5 ''n 35 ;'r 50 r' 35 k`� "45 `� 9•_4215 f Source: Bollard Acoustical Consultants, Inc. 2014 The Table 2 and appendix B data indicate that existing ambient noise levels in the project vicinity are fairly low, with daytime average (Leq)'noise levels in the low 40's, and evening and nighttime noise levels in the upper 30's. Maximum noise levels in the project vicinity vary, but are also relatively low, as indicated in the Appendix C graphs. Overall, the measured 'ambient noise. " conditions are sufficiently low in the project area to warrant consideration of a 5 dB lower average noise level standard during daytime and evening hours, pursuant to footnote 3 of Table 1. In -addition, because the noise source (barking dogs) could be considered a "recurring impulsive" - +'.� Environmental Noise Analysis Messilla Valley Road Dog Kennel- Butte County, CA. y t Page 6 �.~, : • 1 Bollard Acoustical Consultants, Inc. noise source, the average (Leq) noise standards were further adjusted downward by 5 dB, and the County's evening maximum noise level standard was also adjusted downward by 5 dB. Because measured existing ambient maximum noise levels during daytime and nighttime periods exceeded the county noise standard by 10-12 dBA, further downward adjustment of those noise .standards was not considered to be warranted. The recommended adjusted noise level standards which were applied to this analysis are shown in Table 2. Compliance with the adjusted noise standards would ensure that project noise levels would both comply with the County's noise standards and not result in a substantial increase in ambient noise levels, as required by CEQA. Project Noise Generation The primary noise source associated with this facility would be periodic dog barking. To quantify noise levels associated with barking dogs, noise level data was collected by Bollard Acoustical Consultants, Inc. at the existing Nadelhaus German Shepherds dog kennel from November 22 to November 25, 2014. Because this time period represents Thanksgiving week, the owner of the Nadelhaus kennel reported that her facility was full during the ambient surveys.' BAC staff observations were consistent with the owner's statement, as there were many dogs present, including puppies, and each kennel appeared to be occupied. Measurements were conducted approximately 150 feet from the effective noise center of the primary dog boarding and training area, as shown in Figure 2. The same equipment which was used for the ambient noise surveys on Messilla Valley Road was used to measure the noise generation of the existing kennel operations in Chico. The results of the barking dog noise measurements are summarized in Table 3 and depicted graphically in Appendix D. Table 3 Measured Barking Dog Noise Levels 150 feet from Main Kennel and Training Area Nadelhaus Kennels — Chico, CA Measured Noise Level (dBA) BAC staff observations conducted at the Nadelhaus kennels in Chico indicated that the dogs did not bark continuously. Rather, they were observed to bark briefly when customers arrived at the kennel but the barking subsided rapidly. The dogs were also observed to respond well to the owner's commands to cease barking when barking was observed. • Environmental Noise Analysis Messilla Valley Road Dog Kennel - Butte County, CA. Page 7 Daytime Evening Nighttime Site Date Leg' Lmax Leg Lmax Leg Lmax Saturday, Nov 22 51 68 40 57 48 63 D Sunday, Nov 23 49 68 42 61 42 Y 59 (see Figure 2) Monday, Nov 24 50 68 38 53 40 56 Tuesday, Nov 25 52 70 39 54 42 61 Average: 50 69 40 56 43 60 Source: Bollard Acoustical Consultants, Inc. 2014 BAC staff observations conducted at the Nadelhaus kennels in Chico indicated that the dogs did not bark continuously. Rather, they were observed to bark briefly when customers arrived at the kennel but the barking subsided rapidly. The dogs were also observed to respond well to the owner's commands to cease barking when barking was observed. • Environmental Noise Analysis Messilla Valley Road Dog Kennel - Butte County, CA. Page 7 Bollard Acoustical Consultants, Inc. (BAC) To provide a conservative assessment of barking dog noise generation at the proposed facility, an average noise level of 55 dB Leq during daytime hours, and 45 dB Leq during evening'and " nighttime hours was assumed at a reference distance of 150 feet. These levels are higher than the Table 3 reference data to account for the fact that the current kennel is allowed 25 dogs, with e_.. ''`s;• no limit on the number of puppies under the age of 4 months, whereas the proposed project would •' _ allow up to 99 dogs, also with no limit on the number of puppies. In addition, a maximum noise f level of 70 d6 at the 150 foot reference distance was used to model daytime barking dog noise * r levels at the project. site. During evening and nighttime hours, when the dogs are in their kennels ` 44;' and there is no cusomer traffic, the Table 3 data indicate that maximum noise levels were 60 dB.: I • These maximum noise levels were used to assess impacts at the nearest residences to the project- site: The' reference noise levels cited above were projected to locations .100 feet from the nearest , existing residences -to the project site assuming normal spherical spreading of sound (6 d13, L; a decrease per doubling of distance from the noise source), and -1.5 d6 per thousand feet for atmospheric absorption and excess ground attenuation. In addition, residences 1, 3 and 4 (see'_ Figure 1 are completely screened from view of the proposed kennel and training area b ` 9 ) P Y P P 9_ Y n intervening topography. This shielding is conservatively estimated to reduce' -barking dog noise levels by 10 d6 at those locations. Residence 2 is elevated to the north of the project site with a clear view of the proposed kennel area. Asa result, no reduction of noise levels for topographic'. << y shielding was applied to that location. Table 4 shows the predicted average and maximum noise `:•, -, levels at each of the four nearest residences to the proposed kennel for worst case kennel noise �• __, ' .' `� -• generation. ;,, '� • -; Y Table 4 •: - a s,pr' , _- - Predicted Barking Dog Noise Levels at Nearest Residences fi Proposed Nadelhaus Kennels on Messilla Valley Road, Butte County, CA ' ' Measured Noise Level (dBA) ! Daytime Evening Nighttime .y • Residence Distance. Leq Lmax Leq Lmax Leq . ' Lmax 2,400 17 32 . 7 • , ; 22 7 . r X22 k TM 2 1,300 34 49 24 39 24 39 " 3 700 ,• - 31 46 21 36 21 ..., 36 , r 4 1,200- 25 40 15 30 15 30 • �+ ' ' ' Adjusted Noise standard ° 40 55 `" ' • 35 - 50 35 45 , Source: Bollard Acoustical Consultants, Inc. 2014 The Table 4 data indicate that predicted worst-case barking dog noise _levels generated by the- proposed he proposed project would be satisfactory, relative to the County's noise standards, even after 'y ' lowering of those standards to account for low existing ambient noise conditions at the project •, w , = _ ' ,site and impulsive nature of dog barking. ; t' i Environmental Noise Analysis •' *` ` Messilla Valley Road Dog Kennel _ Butte County, CA. .. 3 Page 8. • 0 Bollard Acoustical Consultants, Inc. (BAC) It should be noted that atmospheric conditions will affect the propagation of sound from the project site to the nearest residences. The noise levels predicted above are based on standard day atmospheric conditions, and normal variations in atmospheric conditions will result in project noise levels periodically being both higher and lower than the levels predicted in Table 4. At times, noise generated by this facility will be completely inaudible whereas other times the sounds of dogs barking will be audible at the nearest residences. It is important to note, however, that audibility is not a test of significance under either County or CEQA guidelines. Fora noise impact to be considered significant, CEQA requires that the noise level be substantially louder than existing conditions without the project, not merely audible. Conclusions and Recommendations This analysis concludes that noise generated by barking dogs at the new dog kennel on Messilla Valley Road is predicted to satisfy the Butte County Noise standards. However, given the sensitivity of residential uses to new noise sources such as that proposed by this project, and the low existing ambient conditions in the project vicinity, BAC recommends the following specific measures to reduce the potential for adverse public reaction to noise generated by the project: 1. All outdoor training activities and customer drop-off and pick-up activities should be strictly limited to daytime hours as proposed (7 am — 7 pm). 2. Dogs should be housed in their kennels.during evening and nighttime hours. 3. Kennel operators should take action to minimize barking at this facility through use of appropriate training techniques. _ 4. Dogs identified as excessive barkers which do not respond to immediate direction from the kennel operator(s) to cease barking should not be allowed to be boarded at this facility. 5. In the event that legitimate concerns are expressed by the neighboring residences regarding barking noise upon commencement of operations at this facility, follow-up noise level testing should be conducted to assess the state of compliance with the noise standards recommended herein and additional noise mitigation measures implemented if determined necessary to achieve compliance with those standards. These conclusions are based on Bollard Acoustical Staff noise level data collected at the Nadelhaus German Shepherds dog kennel in Chico, California, as well as on the proposed project site plans, and on the requirements of the Butte County General Plan. In addition, these conclusions are based on BAC site inspections, observations, and application of accepted noise propagation algorithms. Changes to project site plans or operation of the facility could result in actual noise levels differing from those described herein. BAC Staff is not responsible for such changes. This concludes BAC's environmental noise assessment for the proposed dog kennel on Messilla Valley Road in Chico, California (Butte County). Please contact Paul Bollard at (916) 663-0500 or paulb(cDbacnoise.com with any questions or for additional information. Environmental Noise Analysis Messilla Valley Road Dog Kennel - Butte County, CA. Page 9 Appendix A Acoustical Terminology Acoustics The science of sound. Ambient The distinctive acoustical characteristics of a given space consisting of all noise sources . Noise audible at that location. In many cases, the term ambient is used to describe an existing or pre -project condition such as the setting in an environmental noise study. Attenuation The reduction of an acoustic signal A -Weighting A f equency-response adjustment of a sound level meter that condfions the output signal to approximate human response. Decibel or dB Fundamental unit of sound, A Bell is defined as the logarithm of the ratio of the sound pressure squared over the reference pressure squared. A Decibel is one-tenth of a Bell. CNEL. Community Noise Equivalent Level.. Defined as the 24-hour average noise level with noise occurring during evening hours (7 -10 p.m.) weighted by a factor of three and nighttime hours weighted by a factor of 10 prior to averaging. Frequency The measure of the rapidity of alterations of a periodic signal, expressed in cycles per second or hertz. Ldn DEyMight Average Sound Level. Similar to CNEL but with no evening weighting. Leq Equivalent or energy -averaged sound level. Lmax The highest root -mean -square (RMS) sound level measured over a given period of time. Loudness A subjective term for the sensation of the magnitude of sound. Masking The amount (or the process) by which the threshold of audibility is for one sound is raised by the presence of another (masking) sound. Noise Unwanted sound. Peak Noise The level corresponding to the highest (not RMS) sound pressure: measured over a given . period of time. This term is often confused with the Mabmum level, which is the highest RMS level. RT® The time it takes reverberant sound to decay by 60 dB'once the source has been removed. Sabin The unit of sound absorption. One square foot of material absorbing 100% of incident sound has an absorption of 1 sabin. SEL A rating, in decibels, of a discrete event, such as an aircraft flyover or train passby; that compresses the total sound energy of the event into a 1-s time period. Threshold The lowest sound that can be perceived by the human auditory system, generally of Hearing considered to be 0 dB for persons with perfect hearing. Threshold Approximately 120 dB above the threshold of hearing. of Pain BOLLARD Acoustical Consultants i `1:00 38 65 31 25 2:00 31 46 28 26 3:00 31 53 27 25 4:00 35 55 27 24 5:00 33 49 27 24 6:00 40 57 37 32 7:00 41 54 39 34 8:00 44 62 .40 35 9:00 44 66 38 33 10:00 42 63 37 33 11:00 43 67 37 33 12:00 48 69 37 33 13:00 42 65 34 30 14:00 45 73 34 30 15:00 45 69 36 32 16:00 45 73 40 34 '17:00 42 57 39 34 18:00. 41 54 39 34 19:00 38 54 36 30 20:00. 41 61 39 34 21:00 37 52 33 28 22:00 32 46 .29 25 23:00 33 50 29 24 Computed CNEL, dB 45.0 •Da time Energ Da time High 7 a.m: Low - 7 p.m: Average Statistical Evening 7 p.m. High Low ummary - 10 .m. Average ighttime High 10 Low p.m. -7 a.m. Average Leq (Average) 48 41 44 41 37 39 40 31 36 Lmax Maximum 73 54 64 61 52 56 65 46 54 L50 Median 40 34 37 39 33 36 37 27 29 L90 (Background) 35 301 33 34 28 31 321 24 26 Computed CNEL, dB 45.0 •Da time Energ 82% • Evening Energy7% %Nighttime Energy 11% s Hour I Leq ILmaxI 7 a.m. - 7 p.m. Low I Average Statistical Evening 7 p.m. High I Low ummary - 10 :m. Average 0:00 ." 36 55 30 ' 25 1:00 33 47 27 25 2:00 34 56 30' 26 3:00 36 56 30 26 4:00. 40 65 29 25 5:00 35 53 29 25 6:00 41 68 37 31 7:00 41 62 35 31 8:00 41 55 37 33 9:00 45 73 34 29 10:00 44 66 35 31 11:00' 46 74 35 31 Computed CNEL, dB 45.0 Da time High 7 a.m. - 7 p.m. Low I Average Statistical Evening 7 p.m. High I Low ummary - 10 :m. Average ighttime High 10 Low p.m. - 7 a.m. Average Leq (Average) 46 38 43 37 36 37 41 33 37 Lmax (Maximum) 74 55 63 58 49 54 68 47 57 L50 Median . [149 33 36 35 34 34 37 27 30 L90 (Background) 29 32 29 27 28 31 25 26 Computed CNEL, dB 45.0 • Daytime Energy79% 46 • Evening Energy5% 38 %Nighttime Energy 16% •.. 12:00 46 70 38 32 13:00 41 64 35 31. 28 14:00 " 42 65 34 31 25 BOLLARD 15:00 38 57 33 30.. 16:00 41 60 36 32 17:00 41 57 39. '34 •.. 18.00 41 58 38 32 19:00 37 58 35 29 20:00 36 49 34 .. 27 21:00. 37 54 34 28 22:00- 39 57 33 26 23:00 33 52 29- 25 BOLLARD Acoustical Consultants •.. Computed CNEL, dB- 45.4 -Statistical Da time High 7 a.m. - 7 .m. Low Average Evening High 7 Low Summary .m. - 10 .m. Average ighttime High 10 Low .m. - 7 a.m. Average Leq (Average) 45 39 43 39 36 38 42 30 38 Lmax Maximum 70 52 63 51 51 51 56 49 54 L50 Median 44 33 37 37 34 35 41 26 32 L90. (Background) 40 29 33 • 31 29 30 34 24 28 Computed CNEL, dB- 45.4 Daytime Energy76% EveningEnergy6% % Nighttime.Energy 18% .a .a rKr r ., •• •' I. 1^ . ,�^ �� _ . tea• .L: 's. - 1:00 39 56 35 30 2:00 37 54 30 26. 3:00 35 55 29 25 4:00 36 52 32 26 5:00 40 54 36 30 6:00 44. 62 .40 35 7:00 43 64 40 36 8:00 41, 59 37 34 9:00 39 60 36 32 . 10:00 42 69 36 33 11:00 46 68 38 34 12:00 45 70 '36 33 13:00 42 65 39 '35 14:00 42 59 41 37 15:00 40 56 39 35 16:00 43 64 39 35 17:00 41 58' '.39, 35 18:00: 38 51 35 '31 %00 37 55 34 30 20:00 33 44- .31 26 21:00 32 52 29 25 22:00 32 46 28 24 23:00 30 44 26 24 Computed CNEL, dB 45.6 • Daytime Energy Da time High 7 a.m. Low I - 7 p.m. Average Statistical Evening High I 7 p.m. Low ummary -'10 .m: Average i httime High 10 Low p.m. - 7 a.m. I Average Leq (Average) 46 38 42 37 32 35 44 30 39 Lmax Maximum 70 51 62 55 .44. 50 62 44 52 L50 Median 41 35: 38 34 29 31 40 26 32 L90 (Background) 37 31 34 30 25 27 35 24 28 Computed CNEL, dB 45.6 • Daytime Energy 74% • Evening Ener 3% • Nighttime Energy 23% 11 59% Evening Ener 13% Nighttime Energy 29% Appendix B-5 Messilla Valley Road Dog Kennel Ambient Noise Measurement Results - Site B Saturday, November 08, 2014 Hour I Leq ILmaxI Statistical Summary 0:00 39 .57 34 .28 Da time. 7 a.m. - 7 .m: Evening 7 .m..- 10 .m: i httime 10 .m. - 7 a.m. 1:00 38 58 36 29 High Low Average High Low Average High Low Average 2:00 39 56 38 32 Leq (Average)_ 43 35 40 41 37 39 42 34 38 3:00 36 49 33 27 Lmax Maximum 63 51 57 59 51 55 58 47 54 4:00 36 58 31 25 L50 Median 41 30 36 39 33 36 41 30 34 5:00 38 52 36 .28 L90 (Background) 37 27 31 34 27 30 37 24 28 6:00 42 54 41 37 7:00 43 55 41 37 8:00 41 57 39 34 Computed CNEL, d6 45 9:00 41 57 37 31 Daytime Energy 10:00 37 54 33 30 11:00 37 57 34 31 - 12:00 40 63 34 30 13:00 35 55 30 27 14:00 38 57 31 27 1.5:00 39 63 32 28 16:00 41 56 38 31 17:00 42 59 39 33 18:00 40 51 38 34 19:00 37 51 35 29 20:00 41 59 39 34 21:00 38 56 33 27 22:00 34 50 31 24 23:00 34 47 30 24 BOLLARD Acoustical Consultants 59% Evening Ener 13% Nighttime Energy 29% Computed CNEL, dB 44' • Daytime Energy Da time High 7 a.m: - 7 .m. Low Average Statistical Evening High 7 p.m. Low ummary - 10 .m. Average- ighttime High 10 p.m. Low. - 7 a.m. Average Leg (Average) 41 35 39 39 37 37-. 41 34 37 Lmax Maximum 68 50 58 61 51 . 57 67 46 53 L50 Median 37 29 33, . 36:, 34 34 35 30 32 L90 (Background) 33 26 29 32 28 29 30 23 26. Computed CNEL, dB 44' • Daytime Energy 57% • Evening Ener 11% % Nighttime Energy 32% i Computed CNEL; dB 45 ` Da time High 7 a.m. Low - 7.p.m. Average StatisticalSummary Evening 7. .m. High Low - 10 .m. Average ighttime 10 High Low .m. - 7 a.m. Average Leq (Average) 43. 34 40 41 35 39 43 31 38 Lmax Maximum 63 52 58 61 49 53. 60 47 52 L50 Median 42 31 35 40 33 36 42 27 34? - 4 . - L90 (Background) 8 38 26 31- 33 28 31 38 24 29 Computed CNEL; dB 45 • Daytime Energy 58% • Evening Energy 11% • Nighttime Energy 30% .? ti, ',� 11.�t �'?I' F ♦ - •: L. tY' rG'�!i �T.. _ . •. .. _ .i CT wY - ..; ,t J. � !!;•� " �. � .. - '.,' z � ' ...� y - _ r I r. • .� r%' y: �• , - ^ rat. � - �� � •, l� i . i,.. J "• r r _ . `lN,. _ f • - . r ' .? ti, ',� 11.�t �'?I' F ♦ - •: L. tY' rG'�!i �T.. _ . •. .. _ .i CT wY - ..; ,t J. � !!;•� " �. � .. - '.,' z � ' ...� y - _ r I r. • .� r%' y: �• , - ^ rat. � - �� � •, l� i . i,.. J "• r r _ . `lN,. _ f • - . 1:00 44 54 42 36 2:00 39 52 35 28 3:00 36 56 . 31 24 4:00 35 49. 32 ,27 5:00 38 53 35 29, 6:00 41 58 37 32 7:00 41 55 39 34 8:00 41-' 63- 35 31. 9:00 38 62 32 29 10:00 36 59 32. 29 11:00 40- .59 33 30 .12:00 42 68 34- 31 13:00 37 51 35 32 14:00 38, 54 37 33 15:00 39 57 -37 33 16:00 -40 67 35 32 17:00 39 63 35 31 18:00 35 49 33 28 19:00 34 50. 31 ' . 27 20:00' 30 48 .29 25 21:00, 30 .48 27 23 22:00 30 47 26 22- 23:00 123:00 29 47 24 21 Computed CNEL, dB 45 • Daytime Energy Da time High 7 a.m. Low - 7 .m. Average Statistical Evening 7 p.m. High Low ummary - 10 .m.light Average a 10 High Low p.m. - 7 a.m. I Average Leq (Average) 42 35 39 34 30 32' 44 29 39 Lmax (Maximum), 68 49 59 50 48 49 58 47 52 L50 Median 39 32 35 31 27 29 42 24 33 L90 (Background)- 34 28 31 - 27 23.. 25 36 21 28 Computed CNEL, dB 45 • Daytime Energy 59% • Evening Energy3% %Nighttime Energy 39% r 1:00 38 65 31 25 2:00 31 46 28 26 3:00 31 53 27 25 4:00 35 55 27 24 5:00 33 49 27 .24 6:00 .40 57 37 32 7:00 41 -54 39 34 8:00 44 62 40 35 9:00 44 66 38 33 10:00 42 63 37 33 11:00 43 67 37 33-- 12:00 48 69, 37 33 13:00 42 65 34 30 14:00 45 73 34 30 15:00 45 69 36 ' 32 16:00 45 73 40 34 17:00- 42 57 39. 34 18:00. 41 54 39 34 19:00 38 54 36 30 20:00 41 61 39. 34 21:00 37 52 33 28 22:00 32 46 29 25 .23M.'. 33 50 29 24 Computed CNEL, dB 45 • Daytime Energy Da time High 7 a.m. - 7 .m:) Low Average Statistical Evening High 7 p.m. Low ummary =10 p.m.) Average lightime High 10 Low p.m. - 7 a.m. I Average Leq (Average) 48 41 44 41 37 39 40 31 36 Lmax Maximum 73 54 64 61 52 56 65 46 54 L60 Median 40 34 37 39 33 36 37 27 29 L90 (Background) 35 30 33 34 28 31 32 24 26 Computed CNEL, dB 45 • Daytime Energy 82% • Evening Energy 7%. • Nighttime Energy 11% 7:00 41 62 35 31 our Leq ImaxTTM7L90 37. 33 - 10 .m. Average ighttime 10 High Low 0:00 36. 55 '30 ' 25 43 37 1:00. 33 47 27 25 Lmax Maximum 2:00 34 56 30 26 54 68 3:00 36 .• 56 30 26. 33 36 .4.:00 •40 65 29 25 30 L90. 5:00 35 53 29 .25 27 28 6:00 41 68 37 31 7:00 41 62 35 31 •Statistical 8:00 - 41 < -. 55 37. 33 - 10 .m. Average ighttime 10 High Low 9:00 45 73 34 '29 43 37 10:00 44 66 35 31 Lmax Maximum 11:00 46 74 35 31 54 •Statistical Da time Energ Da time High 7 a.m. - 7 .m. Low Average Evening High Summary 7 p.m. Low I - 10 .m. Average ighttime 10 High Low p.m. - 7 a.m. Average Leq (Average) 46. 38- 43 37 36 37 41 33 37 Lmax Maximum 74 55 63 58 49 54 68 47 57 L50 Median 39 33 36 35 34 34 37 27 30 L90. (Background) - 34 29 32 29 27 28 31 25 26 Computed CNEL; dB Da time Energ 32 • Evening Energ ]45.• • Nighttime Energy . 31 12:00 46 70 38 32 13:00 41 64 35 31 ' 14:00 42 65 34 31 15:00 38 57 33 30 16:00` 41 60 36 32 17:00 . 41 -57.. ' 39 34 18:00 41 58 38 32 ° 19:00 37 58'- ' 35 29 - 20:00 :36 49 34. 27 _ - 21:00 37. 54. 34...28- 22:00 39. ." 57 33 26 _..... 23:00 .33 52 29 25 .. B.OU'ARD Acoustical. Consultants. f Computed CNEL; dB 45 Hour I Leq I LmaxI 40 35 ummary - 10 .m. Average ighttime 10 High Low 0:00 34 54 29 25 . 43 39 1:00 31 54 26 24 . Lmax Maximum 2:00 30 54. 26 25 51. 56 3:00 37 56 29 26 33 37' 4:00 34 49 .30 26 32 L90 5:00 37 54 . 34 28 29 30 6:00 42 55 41 33 7.00 45 58 44 40 Computed CNEL; dB 45 8:00 42. 58 - 40 35 ummary - 10 .m. Average ighttime 10 High Low 9:00 39 61 34 29 43 39 10:00 43 65 35 31 Lmax Maximum 11:00 44 68 35 32 - 51. Computed CNEL; dB 45 % Daytime Energy76% Da time High 7 a.m. '- 7 .m. Low Average Statistical Evening High 7 p.m. Low ummary - 10 .m. Average ighttime 10 High Low p.m. - 7 a.m. Average' Leq (Average) 45 39 43 39 36 38 42 30 38 Lmax Maximum 70 52 63 51 51 51. 56 49 54 L50 Median 44 33 37' 37 34 35 41 26 32 L90 (Background) 40 29 33 31 29 30 34 24 28 Computed CNEL; dB 45 % Daytime Energy76% 44. • Evening Energy6% 35 • Nighttime Energy 18% .• 12:00 44. 70 35 32 13:00 44 70. 35 31 14:00 41 65 33 30 15:00 43 65 35 31 16:00 43 69 38 34' 17:00 43 55 41 38 18:00' 41 .52 39 34 .19:00 39 51 37 31 20:00 36 51 34 - 29 21:00 38 .. 51 35 29 22:00 41 56 38 34 23:00 39 55 36 30 B;OLLARD' Acoustical Consultants .• Computed CNEL, dB 46 = Da time High 7 a.m: Low - 7 .m. Average Statistical Evening High 7 p.m. Low ummary -10 .m. Average ighttime High 10 Low p.m. - 7 a.m. Average Leg (Average) 46 38. 42_ 37 32 35 44 30 39 Lmax Maximum 70 51 62 55 44 50 62 44 52 L50 Median 41 35 38 34 •29 31 40 26 32 L90 (Background) 1 37 31 34 30 25 27 35 24 28 Computed CNEL, dB 46 • Daytime Energy 74% • Evening Energy3% • Nighttime Energy 23% - � �r �� .. -..- - •moi`. �• . e __ . � � w . _ � i r __ .�.l;. .� . .. �, � � Acoustical Consultants I • t • 0 0 0 0 s � N L .N N d d � Wd LL Z , , Wd LL - ' 1 1 i i 1 1 1 i i i Wd8 1 1 1 1 i Wd8 1 1 1 1 1 Wd4 i i i i i 1 Wd 4 E , , 1 1 1 Wd4 E 1 1 I 1 1 Ni 1 1 1 1 1 1 WdZL> (V 1 1 1 1 WdZLW N WdZlo n 1 1 I 1 I 1 WdZLo } p 7 ® E 1 1 1 1 1 I 1 I I 1 1 0 x° m WV O Q O 1 Z 1 1 1 1 ,1 - 1 1 1 1 WV O. ¢ 1 i i , , i 1 I WV 4 , 1 I 1 WV 4 Li 1 1 1 1 1 1 1 1 1 1 N, 1 1 1 r 1 1 1 1 1 1 1 1 1 1 Q c m P �i'C! 'm 1 a WV 4 N.pp i i i i i WV 4 WVZI II m . o WVlI II p O d a 1 1 1 1 1 - o coo 1 1 I 1 1 25 cc 0 � •p , .' O .. a 11 .. .. C O .//ii�i �. - .. ii Q = N � N L .N N d d � I I I I I I 1 1 1 1 1 Z a N Wd 8 N N • m a E m 0 z Wd 8 m a Wd L l I I I I I I 1 1 1 1 1 Wd L L Wd 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wd 8 1 1 1 1 Wd4 i i i i i Wd4 1 1 I 1 1 � N WdZlo n 1 1 I 1 I 1 WdZLo } p 7 ® E 1 1 1 1 1 I 1 I I 1 1 0 x° m ' ' x° V WV8 1 1 1 1 WV B. a 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 Q c m P 1 1 1 I 1 - WV 4 i i i i i WV 4 . o m 1 1 1 1 1 - � 1 1 I 1 1 � •p , WV ZL o WV ZL a 11 O V ,. m o m mn � a g M �C � o W m n- mu�i g M �•. m�. 0 0 E PRORSSIONAL SERVICE CONTRACT 199911f This Contract, dated as of the last date executed by the County of Butte is between the County ofa i.- .subdivisi a, �� .. a . the State of California, hereinafter referred to as "COUNTY", and the professional service contl�at: c t drit'ih-afible information table below, hereinafter referred to as "CONTRACTOR." WHEREAS, COUNTY, through the COUNTY Department identified above, desires to have work described in the Attachment II - Scope of Work performed; and WHEREAS, CONTRACTOR possesses the necessary qualifications to perform the work described herein; NOW THEREFORE BE IT AGREED between the parties to this Contract that this Contract is subject to the provisions contained in the following attachments, which are made a part of this Contract. Should there be any conflicts between this Contract and the attachments that are incorporated herein precedence shall first be given to the provisions of this Contract followed by the attachments, in descending order, as indicated below: Attachment III —Terms and Conditions (including Exhibit "A") Attachment I — Insurance Requirements for Professional Service Contracts Attachment VI — Professional Credentials Attachment II — Scope of Work By signature below, the department head or his or her deputy certifies that no unauthorized alterations have been made to the Attachment III — "Terms and Conditions" and/or the Attachment I —"Standard Insurance Requirements." Deborah DeBrunnerI D `�--- Typed or Printed Name Qn2a)tkureft Dat This Contract and the above listed Attachments represent the entire undertaki be een the COUNTY By Erim ik, C ntracts Manager /Date R VIEWED FOR FISCAL CONTROL, SUBJECT TO BUDGETARY APPROPRIATION General Services Contracts Division BYL L_ktC) � 3 rd Acoustical Oonsultants, Inc. /Date Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 1 of 12 VARIABLE INFORMATION TABLE Term of This Contract Com tete Dates' rn-Just One of`the:Followln'` Thre6 Rows)" Term Be ins Term Com letion Date ,.On.Following Date Count Department Upon Execution _ .: Development Services Basis of Price On Followin .Date .. 06/30/14 . Do Not q More Than One of the Following Four Blocks Price $ Fixed Price AnnuaLPrlce,; Monthl Price314&,Hourl ,Rate Not -to -Exceed Pric!en 12,000.00If Reasons_ ble,Ex .enses;are authonzedJn addition to:,Hourl .Rate ,' CONTRACTOR Contact Information COUNTY Contact Information CONTRACTOR Bollard Acoustical Consultants, Inc. Project Manager Nancy Springer, Bld . Division Manager Address 3551 Bankhead Road Address 7 County Center Drive City, State & ZIP Loomis, CA 95650 City. State & ZIP Oroville, CA 95965 Telephone 916 663-0500 Telephone 530 538-7159 Facsimile 916 663-0501 Facsimile 530 538-7785 WHEREAS, COUNTY, through the COUNTY Department identified above, desires to have work described in the Attachment II - Scope of Work performed; and WHEREAS, CONTRACTOR possesses the necessary qualifications to perform the work described herein; NOW THEREFORE BE IT AGREED between the parties to this Contract that this Contract is subject to the provisions contained in the following attachments, which are made a part of this Contract. Should there be any conflicts between this Contract and the attachments that are incorporated herein precedence shall first be given to the provisions of this Contract followed by the attachments, in descending order, as indicated below: Attachment III —Terms and Conditions (including Exhibit "A") Attachment I — Insurance Requirements for Professional Service Contracts Attachment VI — Professional Credentials Attachment II — Scope of Work By signature below, the department head or his or her deputy certifies that no unauthorized alterations have been made to the Attachment III — "Terms and Conditions" and/or the Attachment I —"Standard Insurance Requirements." Deborah DeBrunnerI D `�--- Typed or Printed Name Qn2a)tkureft Dat This Contract and the above listed Attachments represent the entire undertaki be een the COUNTY By Erim ik, C ntracts Manager /Date R VIEWED FOR FISCAL CONTROL, SUBJECT TO BUDGETARY APPROPRIATION General Services Contracts Division BYL L_ktC) � 3 rd Acoustical Oonsultants, Inc. /Date Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 1 of 12 ATTACHMENT INSURANCE REQUIREMENTS Before the commencement of work, Contractor shall submit to County: (1) Certificates of Insurance for all relevant coverage listed in Section A below; (2) All Endorsements listed in Section B below; and (3) a "Declarations Page" listing the titles of all endorsements to the Commercial General Liability (CGL) policy. A. MINIMUM SCOPE LIMIT OF INSURANCE — Coverage shall be at least as broad as: 1.) Commercial General Liability. Insurance Services Office (ISO) "occurrence" form CG 00 01 12 07 CGL or equivalent on an "occurrence" basis, including bodily injury, property damage, contractual liability, medical expenses for any one person, personal and advertising injury, products -completed operations coverage and policy limits of no less than $1,000,000 per occurrence. If a general aggregate applies, either the general aggregate shall apply separately to this project/location or the general aggregate shall be twice the required occurrence limit. 2.) Automobile Liability Insurance. ISO form CA 0001 covering (any auto) Code 1 or if Contractor has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $250,000 per passenger and $500,000 for all passengers. (Not required if Contractor provides written verification he or she will not be using a vehicle to perform the scope of work described in the contract.) 3.) Workers' Compensation Insurance. As required by the State of California with Statutory Limits and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Contractor provides written verification he or she has no employees.) 4.) Professional Liability (Errors and Omissions) Insurance. (If applicable. See Note below.) Insurance appropriate to the Contractor's profession with limits no less than $1,000,000 per claim, and $2,000,000 aggregate. Note: Professional liability insurance coverage is normally required if the Contractor is providing a professional service regulated by the State. For example, insurance agents, professional architects and engineers, doctors, lawyers, nurses and certified public accountants. However, other professional Contractors not regulated by the State, such as computer or software designers, claims administrators, consultants, and others should also have professional liability insurance. If the contracted service requires "brain work, as opposed to physical work'; then professional liability insurance will most likely be required.) If Contractor maintains higher limits than the minimums shown above, County shall be entitled to the higher limits. B. INSURANCE POLICY ENDORSEMENTS 1. The Commercial General Liability policy shall contain or be endorsed to contain the followin The County, its officers, officials, employees, and volunteers are covered as additional insured's on the CGL policy with respect to liability arising out of work performed or operations performed on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the County, its officers, employees and volunteers. Any insurance or self- insurance maintained by the County, its officers, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 2 of 12 The insurance afforded by this policy shall not be cancelled except after thirty days prior written notice by certified mall return receipt has been given to the County. Note: We recommend contractors insurance carrier insert the language above into ISO form 20 10 1185; or if that form is not available, later additions editions of ISO forms CG 20 10 and CG 20 37. We will also accept a Blanket Additional Insured Endorsement, as long as it provides coverage equal to coverage noted in Section Al above and all items listed in Section 8 above.) 2. Workers' Compensation Insurance. The Contractor's Workers' Compensation Insurance policy shall contain or be endorsed to contain a waiver of subrogation in favor of the County, for all work performed by Contractor, its employees, agents and subcontractors. C. OTHER INSURANCE PROVISIONS 1. Primary Coverage - For any claims related to this contract, Contractor's insurance shall be primary insurance as respects the County, its officers, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. However, Contractor's insurance may contribute with other additional insured's providing primary insurance coverage for the same "occurrence", offense, claim or suit. 2. Notice of Cancellation - Each insurance policy required above shall not be canceled, except after thirty (30) days' prior written notice (10 days for non-payment) has been given to the County. 3. Waiver of Subrogation - Contractor hereby grants to County a waiver of any right to subrogation that an insurer of said Contractor may acquire against the County, by virtue of payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County received a waiver or endorsement from the insurer. 4. Deductibles and Self Insured Retentions - Any deductibles or self-insured retentions must be declared and approved by the County. The County may require the Contractor to provide proof of ability to pay losses and related investigations, claims administration, and defense costs within the retention. 5. Acceptability of Insurance Carriers - Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to County. (A.M. Best Ratings can be accessed over the internet for no cost at www.ambest.com). 6. Claims Made Policies If any of the required policies provide coverage on a claims -made basis then the following requirements must be met: a.) The Retroactive Date of the policy must be shown and must be before the contract or beginning of contract work. b) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. C) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after the completion of contract work. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 3 of 12 7. Verification of Coverage - Contractor shall furnish the County with: a) an original certificates of insurance, b) all amendatory endorsements or copies of applicable policy language effecting coverage required by Attachment I, c) a declarations page listing the title of all endorsements to the CGL policy; and d) a completed and signed "Insurance Aqent Check List" attached hereto. All certificates, endorsements, CGL declaration page and Insurance Agent Checklist are to be received and approved by the County before the Contactor begins work under this contract. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8. Subcontractors - Contractor will require and verify that all subcontractors maintain insurance meeting all the requirements stated herein or cover subcontractors under their insurance policies. Upon request, Contractor shall provide County proof that all subcontractors are covered by their own insurance or the Contractor's insurance policies. 9. Special Risk or Circumstances - County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or special circumstances. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 4 of 12 • 0 Attachment II Scope of Work Unless indicated otherwise herein, the CONTRACTOR shall furnish all labor, materials, transportation, supervision and management and pay all taxes required to complete the project described below: . Upon COUNTY receipt and review of noise study report provided by CONTRACTOR, prior to the end of the contract term an assessment may be made of the value of the professional services herein delineated and thus far received. At the conclusion of the assessment, it may be determined that the CONTRACTOR owes certain fulfillment and/or deliverables for which the remaining payments may be withheld up to 20% of the contract. The assessment may determine that there is additional work to be amended to this scope of work. In the event of an amendment, the CONTRACTOR shall be notified and the amendment submitted and duly authorized in accordance with COUNTY Policy and Procedure. Otherwise, pertaining to this contract's scope of work it is the CONTRACTOR's responsibility to remain within the term and amount of the contract. If the terms and/or conditions of this contract including the amounts, rates, time and/or duration are exceeded in any way without fully executed amendment, the CONTRACTOR may not be reimbursed. Duties and obligations of the CONTRACTOR: CONTRACTOR shall assist COUNTY by performing noise studies as requested by COUNTY to determine compliance with the COUNTY noise control ordinance. All standards for noise measurement cited within the ordinance shall be adhered to; including standards for equipment calibration and placement of sound level meters. 1. Site inspection and noise level measurements: CONTRACTOR shall conduct a site visit and place a sound level meter noise monitoring system at locations as referenced in the Butte County noiseAto determi�� compliance with the Butte County noise control ordinance. The meter shall be proer§Mr^i ed` o rg data upon placement until it is retrieved by CONTRACTOR. CONTRACTOR shall conduct observations as per tiers of investigative services indicate (refer to 6. CONTRACTOR Fee Schedule), and shall coordinate trips with person(s) provided as contacts in an effort to be on site when the suspect noise is being generated. 2. Assessment of Compliance: CONTRACTOR shall compare the noise level measurement results against the applicable COUNTY noise standards cited in Butte County Code, Chapter 41A — Noise Control. 3. Report: CONTRACTOR shall prepare a letter report that shall contain the results of the noise level measurements, and shall address the compliance of these levels relative to the applicable COUNTY noise control ordinance criteria. - 4. Phone consultation: CONTRACTOR shall provide ongoing phone consultation regarding the acoustical studies. . 5. Electronic Submission of Products: CONTRACTOR and COUNTY shall transmit correspondence electronically, via email, reports (including graphs and appendices) as well as invoices. Transmittals shall be in a format compatible with software programs utilized by COUNTY. Should a paper copy be required by COUNTY, CONTRACTOR shall provide one upon COUNTY's request. Reports should be submitted to Nancy Springer, Building Division Manager at nspringere—buttecountv.net. 6. CONTRACTOR Fee Schedule: CONTRACTOR shall charge for services as follows: Tier 1 Investigation: Short -Term Noise Monitoring $750.00 Contractor shall: • Conduct a single site visit. • Conduct on-site observations and identify proper location to conduct noise monitoring. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 5 of 12 } _ Attachment II 4 Scope of Work .y Unless indicated otherwise herein, the CONTRACTOR shall furnish all labor, materials, transportation, supervision and management and pay all taxes required to complete the project described below: Upon COUNTY receipt and review of noise study report provided by CONTRACTOR, prior to the end of the contract term an assessment may be made of the value of the professional services herein delineated and thus far received. At the conclusion of the assessment, it may be determined that the CONTRACTOR owes certain fulfillment and/or deliverables for which the remaining payments may be withheld up to 20% of the contract. The assessment may determine that there is additional work to be amended to this scope of work. In the event of an amendment, the CONTRACTOR shall be notified and the amendment submitted and duly authorized in accordance with COUNTY Policy and Procedure. ' Otherwise, pertaining to this contract's scope of work it is the CONTRACTOR's responsibility to remain within the term and amount of the contract. If the terms and/or conditions of this contract including the amounts, rates, time and/or duration are exceeded in any way without fully executed amendment, the CONTRACTOR may not be reimbursed. Duties and obligations of the CONTRACTOR:01 „ CONTRACTOR shall assist COUNTY by performing noise studies' as requested. by COUNTY to determine compliance with the COUNTY noise control ordinance. All standards for noise measurement cited within the^-ordinance shall be adhered toy' iricluding_standards for equipment calibration and placeme of sound level meters. Y"" ,,. - - • 1. Site inspection and noise level measurements: CONTRACTOR shall condw c a site visit and place a sound level meter noise monitoring system at locations as referenced in the Butte C unty noiseAto determi�� compliance with the Butte County noise control ordinance. The meter shabby ` pro$r''ririi tog data upon placement until it is retrieved by CONTRACTOR. CONTRACTOR sha I '- conduct observations as per tiers of investigative services indicate (refer to 6. CONTRACTOR Fee Schedule), and shall coordinate trips with person(s) provided as contacts in an effort to be on site when the suspect noise is being generated. 2. Assessment of Compliance:. CONTRACTOR shall compare the noise level measurement results against the applicable COUNTY noise standards cited in Butte County Code, Chapter 41A,7 Noise Control. k ' 43. Report: CONTRACTOR shall prepare a letter report that shall contain the results of the noise level measurements, and shall address the compliance of these levels relative to the applicable COUNTY. noise control ordinance criteria. 1 4. Phone consultation: CONTRACTOR'"shall'provide -ongoing phone consultation regarding the ry71 acoustical studies. 5. Electronic Siu mi ssion.of.Products CONTRACTOR and COUNTY shall transmit correspondence y' electronically;.via: email,, reports, (including:graphs and appendices) as -%Well as invoices. Transmittals--�- shall be-in a format_ compatible..with software programs utilized by�COUNTY. 'Should paper copy,be� required by C UNTY-CONTRACTOR shall provide one upon�COUNTY's request:, Reporfs`should p - be submitted_t _idart� 4�"" �- f �geG _ ui 9' _ 6. CONTRACTOR Fee c edule: �j� Jo11 CONTRACTOR shall charge for services as fo ows: 1 �'� o I ( I b �� Tier 1 Investigation: Short-Term Noise Monitoring - $766.00 Vol Contractor shall: • Conduct a single site visit. • Conduct on-site observations and identify proper locatio,n.to.�conduct noise monitoring. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 5 of 12 ' ` • ti�i +�-. .kyr 1y•5 , • Conduct short-term noise measurements of the source in question for a peri o of up to one (1) hour during the site visit.- o Make a determination of compliance or exceedance of the Butte Cou Noise Ordinance standards based on that measurement and on-site observations. 4 Prepare a letter report to County of findings regarding compliance. Tier 2 In sti ation: 24-48 Hours of Continuous Noise Monitorinq 1.000. : • Contractors II: 5 - • Conduc o site visits. Conduct on ite observations during the first site visi nd identify proper location to conduct` noise monitori • . Place a continu s noise meter in the to ion identified which t shall monitor , noise continuously for a 24 8 hour period. i • Return to the site at he end • of the oise monitoring 'period , to conduct additional observations, discuss the noise en ' onment while the meter was running with the, complainant, and retrieve the eter. • Analyze the data and make a termination of compliance or exceedance of the Butte t' ' County Noise Ordinance stand ds sed on that data and on-site observations. ' • Prepare a letter report to Co f ty of fin s regarding compliance. ' Tier 3 Investi ation 48 Hours Weeks of Contin us Noise Monitorin - 1 250. Contractor shall: NN� r - Conduct two site vi ' s. i - • Conduct on-site servations during the first site visit d identify proper location.to conduct noise monitori .• , , • Place a co muous noise meter in the location identifie which shall monitor noise , continuous for a 48-hour to 2-week period. • Return t• the site at the end of the noise monitoring period conduct additional" • { obsery ions, discuss the noise environment while the, meter was unning with the comBpfainant, and retrieve the meter. An'fyze the data and make a determination of compliance or exceedance of the Butte . Cnty Noise Ordinance standards based on that data and on-site observations. u • Irepare a letter report to County of findings regarding compliance. 7. Scope of Work Parameters CTripsTto obseive site conditio_ns,•place and retrieve sound level metering equipment'(2 trips per site) phall'be made'6y'onE�-(1)-CONTRACTOR'representat evi�.'j " t-- a _ 8=i4es4otndtripfi',* .. • 8. Invoices `case Invoices shall be submitted' electronically •'and reference'`the number (to be provided to 5 . ----CONTRACTOR by COUNTY)= to expedite payment-please-copy the following people°when • ,: , ', submitting invoices fiis o n .ne , . dlewellent'a�buttecountv.net; '' and ddebrunner(a�buttecount net. ( ��;�� � ---- � ► � � � `_` • -_ h _ D ies and Obligations of COUNTY: _ • „ \� k�1'J y. ' lam' "^••�--�--1,,,,� , � ' , - . CO TY shallprovide written .Ls4ei-GO.TRACTOR for ndlse'studies to-determine compliance with the UNTY's noise control,ordinance.-Such.requests shall include the site;addres§, nature o� f'�":"' , the complaint,-.. -contact inforrriationlor-CONTRACTOR to, coordinate, site visits at optimal times to iZZ td -potential noise violations if posslbl �---�. 10 `COUNTY shall_p oomptly.process.CONTRACTOR's invoices for,payment:upon'review-and acceptance y LINTY of CONTRACTOR's.report'regarding.compliari to COUNTY's noise control ordinance <COUNT-Yand-shall,notify CONTRACTOR promptly ifany work. product oFinvoicing',issues'.ari-- that - delay=payme- authorization. :Invoices-shall- typically be-processedfor-payment.withi- 30`day f-I -aran ' • d receipt, approval by:COUNTY.-- Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General �� Services Page 6 of 12 Attachment III TERMS AND CONDITIONS 1. Scope of Work. The work to be undertaken is identified in the attached "Attachment II — Scope of' Work" which is made a part of this Contract. 2. Reimbursement. The work shall be performed for the Fixed price, Annual price, Monthly price or Hourly rate as indicated above in the variable information table, but shall not exceed the Not -to - Exceed Price if included in the variable information table. Reasonable expenses if authorized and specified in addition to the Hourly Rate if both the Hourly Rate block and the block authorizing Reasonable Expenses are checked in the variable information table. Payment shall be made after the Project Manager or designee reviews and approves the work and after submittal of an invoice by the CONTRACTOR. Expenses and or materials if stipulated shall be paid only upon prior approval and with receipts and only after review and authorization by the Project Manager. 3. County Project Manager. The COUNTY Project Manager or designee for this undertaking who will receive payment invoices and answer questions related to the coordination of this undertaking is identified above in the variable information table. 4. Independent Contractor. CONTRACTOR is an independent contractor, working under his/her own supervision and direction and is not a representative or employee of COUNTY nor is the CONTRACTOR a partner or in any way directly affiliated with the COUNTY. CONTRACTOR agrees to file tax returns, report compensation and pay all applicable taxes on amounts paid pursuant to this Contract. 5. Ownership. CONTRACTOR by execution of this contract acknowledges that this is a Work for Hire agreement and hereby grants ownership of all work performed by the CONTRACTOR under this agreement to the COUNTY. The COUNTY shall retain the exclusive right of ownership to the work, products, inventions and confidential information produced in performance of this contract for the COUNTY by the CONTRACTOR. 6. Confidentiality. The CONTRACTOR shall comply as follows and in accordance with the required performance of this contract: a. All applications, records, data or any information concerning any individual made or kept by any public office, officer or department obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties, shall be the confidential property of the COUNTY and shall not be communicated, transmitted, reproduced or in any other 'way conveyed to any person not directly a party to this contract, its terms and conditions in accordance with all applicable laws and regulations including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any implications thereof including destruction of records or data as appropriate under compliance criteria. b. No person will publish or.disclose or permit or cause to be published or disclosed any data, facts, figures, list of persons or any other form of information obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties. No person shall publish, disclose, or use or permit, or cause to be published, disclosed or used any confidential information pertaining to any individual or group of individuals obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties. c. CONTRACTOR agrees to inform all employees, agents, associates and partners on the .above provisions and that any person knowingly and intentionally violating the provisions of this clause is guilty of a misdemeanor. CONTRACTOR shall bear equal responsibility for any violation of the provisions of this paragraph. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 7 of 12 • 0 d. CONTRACTOR agrees and understands that if confidential information concerning any individual made or kept by any public office, officer or department is obtained by the CONTRACTOR and included on any memory device that may be housed in a computer, or other device (such as a "PDA") may become subject to Federal HIPAA requirements and/or any state or local regulations that apply which could result in surrender of the hard drive, sanitization or the destruction thereof in accordance with Department of Defense (DoD) 5220.22-M standard and/or industry standards current to time of the release of the equipment which ever represents the greatest level of (permanent) information destruction. At the very least, at the end of this contract, CONTRACTOR may be required to stipulate to the fact that no such files exist. 7. Termination. This Contract may be terminated by either the COUNTY or CONTRACTOR by a thirty day written notice. Authorized costs incurred by the CONTRACTOR will be reimbursed up to the date of termination. Notwithstanding anything stated to the contrary herein, this Contract shall expire on the Completion Date indicated in the above Variable Information Table unless the Completion Date is modified by written amendment to this Contract. Indemnification. CONTRACTOR agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the COUNTY, its officers, agents and employees from and against any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or entity, including CONTRACTOR, to the extent arising out of or in connection with the negligent acts or omissions or willful misconduct in the performance by CONTRACTOR hereunder, whether or not there is concurrent negligence on the part of the COUNTY, but excluding liability due to the active negligence or willful misconduct of the COUNTY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CONTRACTOR or its agents under worker's compensation acts, disability benefit acts, or other employee benefits acts. CONTRACTOR shall be liable to COUNTY for any loss of or damage to COUNTY property arising out of or in connection with CONTRACTOR's negligence or willful misconduct. Right to Monitor/Audit and Associated Liability. It being understood by the parties hereto that the COUNTY's funding source herein may be COUNTY, State and/or Federal appropriation, and therefore CONTRACTOR is responsible for administering the program as described herein, CONTRACTOR agrees to accept responsibility for receiving, replying to and/or complying with an any audit of this project which may be deemed appropriate or required in compliance with COUNTY, State or Federal mandates and to reimburse the COUNTY for any liability upon the COUNTY for any discrepancy resultant from said audit exceptions or for any liability that result from a breach of contract, misrepresentation or inaccuracy. 10. Record Retention and Availability. CONTRACTOR shall maintain and preserve all records related to this agreement in its possession (or will assure the maintenance of such records in the possession of any third party performing work related to this agreement) for a minimum period of three (3) years from the effective date of this agreement, or until all State and/or Federal audits are complete, whichever is later. Upon request, CONTRACTOR shall make available copies of these records to COUNTY, State or Federal Governments' personnel, including but not limited to the State Auditor General. In the event that this contract is related to a FEMA grant record retention shall be three years from the date of the Grant Close-out letter. 11. Insurance Requirements. CONTRACTOR shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or be in connection with the performance of the Work hereunder by CONTRACTOR, CONTRACTOR's agents, representatives, employees and subcontractors. At the very least, CONTRACTOR shall maintain the insurance coverage, limits of coverage, and other insurance requirements as described in Attachment I to this Contract. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 8 of 12 12. Changes to the Contract. Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with COUNTY Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto. 13. Representations and Warranties. CONTRACTOR by execution represents the skill, knowledge, proficiency and expertise to perform as herein stipulated and warrants that the credentials presented herein Attachment VI are authentic, current and duly granted. 14. Contractor's Standard of Care. COUNTY has relied upon the professional ability, experience, and. credentials presented and represented by the CONTRACTOR as a material inducement to enter into this Contract. CONTRACTOR hereby warrants that all of CONTRACTOR's work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of CONTRACTOR's work by COUNTY shall not operate as a waiver or release. Where applicable, the CONTRACTOR shall maintain the appropriate certification(s), license(s) or accreditation(s) through the life of this contract, as submitted and stipulated herein Attachment VI and make them available for audit upon request by the COUNTY. 15. Termination for Exceeding Maximum Level of Expenditures. Contracts exceeding the monetary limits delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Contract was executed for the COUNTY of Butte by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the provision of services or personal property or incurring of expenses, the cumulative total of which, exceeds the amount prescribed by Government Code Section 25502.5 for personal services contracts or the amount prescribed by Public Contract Code Section 22032 (b) for public works contracts. 16. Termination for Exceeding Maximum Term. Contracts exceeding the three year term delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Contract was executed for the COUNTY of Butte by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the term exceeds three years. Amendments to this Contract, or new Contracts for essentially the same purpose, shall not be valid beyond the three year limitation unless duly executed by the Chair of the Board of Supervisors. 17. Compliance with Laws. CONTRACTOR shall comply with all Federal, State and local laws, rules and regulations including, without limitation, and not limited to any nondiscrimination laws. Specifically, the CONTRACTOR by executing this agreement stipulates and certifies that as an individual or as an entity, complies in good faith as well as all actions the following regulatory requirements at least but not limited to: a. Non-discrimination with regard to minority, women, and disabled veteran -owned business enterprises; hiring practices on the basis of race, color or national origin, gender, handicaps or age. b. Environmental protection legislation and in particular regarding clean air and water, endangered species, handling or toxic substances and the public right to know. c. Drug Free workplace, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act and Public Health Service Act d. National Labor Relations Board Public Contract Code 10296. e. Domestic Partners — Public Contract Code 10295.3. f. ADA 1990 42 USC 12101 et seq. 18. Applicable Law and Forum. This Contract shall be construed and interpreted according to California law and any action to enforce the terms of this Contract for the breach thereof shall be brought and tried in the Superior Court of the County of Butte. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 9 of 12 19. Contractor Performance and the Breach Thereof. The COUNTY may terminate this agreement and is relieved of the payment of any consideration to CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. CONTRACTOR shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the COUNTY shall notify the CONTRACTOR of the breach and thereby the termination of this contract. In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by the COUNTY. The cost to the COUNTY shall be deducted from any sum due the CONTRACTOR under this agreement and the balance, if any, shall be retained by the COUNTY. 20. Contradictions in Terms and Conditions. In the event of any contradictions in the terms and/or conditions of this Contract, these Attachment III TERMS AND CONDITIONS shall prevail. 21. No Delegation or Assignment. Provider shall not delegate, transfer or assign its duties or rights under this Agreement, either in whole or in part, directly or indirectly, by acquisition, asset sale, merger, change of control, operation of law or otherwise, without the prior written consent of COUNTY and any prohibited delegation or assignment shall render the contract in breach. Upon consent to any delegation, transfer or assignment, the parties will enter into an amendment to reflect the transfer and successor to CONTRACTOR. COUNTY will not be obligated to make payment under the Agreement until such time that the amendment is entered into. 22. Conflict of Interest. CONTRACTOR and CONTRACTOR'S employees shall have no interest, direct or indirect, which will conflict in any manner or degree with the performance of services required under this contract. a. This contract is entered into by COUNTY upon the express representation that CONTRACTOR has no other contracts in effect with COUNTY except as described on Exhibit "A" hereto attached. Exhibit "A" is hereby made part of this contract by it reference herewith and hereby subjugated to these General Terms and Conditions (Attachment III). CONTRACTOR understands and will adhere to the COUNTY's policy that no contracts shall knowingly be issued to any current COUNTY employee or his/her immediate family or to any former COUNTY employee or his/her immediate family until two years after separation from employment, without notifying the Director of the Department of Human Resources in writing: Brian Ring 3 County Center Drive Oroville, CA 95966 c. CONTRACTOR stipulates by execution of this contract that they have no business or other interest that provides any conflict with the interest of the County of Butte in the matters of this agreement. CONTRACTOR recognizes that it is a breach of ethics to not disclose any interest that may be a conflict to the COUNTY for the advice of County Counsel on the matter prior to executing this contract. 23. Cannon of Ethics. CONTRACTOR by execution of this contract agrees to act in the best interest of and on behalf of the County of Butte and its constituents in all matters, honest, fair, prudent and diligent as dictated by reasonable standards of conduct for their profession. 24. Severability. The terms and conditions of this contract shall remain in force and effect as a whole separate from and even if any part hereof the agreement is deemed to be invalidated. 25. No Implied Waiver. In the event that The COUNTY at any point ignores or allows the CONTRACTOR to break an obligation under the agreement, it does not mean that COUNTY waives its future rights to require the CONTRACTOR to fulfill those obligations. 26. Entirety of Agreement. This contract inclusive of all Attachments herein in stipulated and made part of the contract constitutes the entire agreement between these parties. Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 10 of 12 List any and all contracts that you have with BUTTE COUNTY agencies. If none, you must stipulate "none." This cannot be left blank or omitted from the contract. Y Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services `Page 11 of 12 o ATTACHMENT VI PROFESSIONAL CREDENTIALS The CONTRACTOR herein presents the required and essential credentials for performance of this contract and warrants them to be authentic, current and duly granted. . Professional Affiliations: ❑ Institute of Noise Control Engineering (INCE), Board Certified ❑ The Association of Environmental Professionals (AEP) ❑ The Acoustical Society of America (ASA) Education: ❑ Bachelors of Science degree in Mechanical Engineering from the California State University at Sacramento, 1987 ❑ Masters Degree courses in Mechanical Engineering with emphasis on acoustics, California State University at Sacramento, 1990-1993 Professional Services Contract - LT$25K Initial Publication Current as of 10/9/2013 Butte County General Services Page 12 of 12 BOLLARD ACOUSTICAL • CONSULTANTS, INC. Acoustics ► Vibration ► Noise Control Engineering September 18, 2014 Ms. Stacey Jolliffe Principal Planner Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 Transmitted via email: SJolliffe _buttecounty.net Subject: Proposal to prepare a noise analysis for the proposed dog kennel on Messilla Valley Road in Butte County, CA. BAC Proposal # P2014 -125a Dear Ms. Jolliffe: Thank you for inviting our proposal for this project. We have prepared several similar analyses for kennel/animal shelter projects, so we are familiar with your needs for this project. Given that experience and our review of the project plans you recently forwarded, we have prepared the following scope of services, fee, schedule, policies with respect to file formatting and correspondence, and contract agreement. Scope of Services 1: Site inspection and ambient noise level measurements: We will conduct a site V inspection and ambient noise level measurements at the closest noise -sensitive (residential) property lines to establish baseline conditions. The monitoring will consist of 24 to 48-hour testing at a minimum of two locations (i.e. western and northern project property lines). 2. Reference noise measurements at existing Chico operation: BAC will visit the applicant's existing dog kennel in Chico in order to observe operations and to collect reference noise measurement data from barking dogs at that facility. 3. Analysis of potential kennel noise impacts at nearest residences to the project i site: BAC will project the reference noise level data collected at the Chico Kennel operation to the nearest residences to the project site. The projections will include adjustments for the increased number of dogs, as well as adjustments for intervening topography as appropriate. We will then compare the predicted kennel noise levels against existing baseline noise levels quantified in Task 1, as well as against the County's applicable noise exposure criteria. 4. Development of mitigation measures: If kennel noise levels are predicted to either exceed County noise standards or substantially exceed existing ambient noise levels, we will develop appropriate noise mitigation recommendations for the project to reduce those impacts to a state of insignificance. 3551 Bankhead Road, Loomis, CA - Phone: (916) 663-0500 - Fax: (916) 663-0501 - BACNOISE.COM �J Ms. Stacey Jolliffe Butte County September 18, 2014 . Page 2 0 5. Report: We will prepare a report summarizing our procedures, findings, and recommendations for the project. The report will include the CEQA checklist for noise and will satisfy the requirements of the Butte County noise standards. 6. Optional task: If desired, BAC will attend meetings or public hearings to present or explain the results of our noise analysis. Cost for Consulting Services We propose to provide the above-described services for a cost not to exceed $2,500. The cost for the optional Task 6 would not exceed $500 per meeting/hearing. Other work outside the scope. of this proposal would incur additional costs according to the attached fee schedule. We will not undertake any additional work without your prior authorization. Payment terms are described in the attached fee schedule. Schedule We propose to complete the above-described scope of work on or before October 13, 2014. Contractual Agreement If this proposal is acceptable to you, please confirm your acceptance by preparing a return e-mail to us specifically stating that you accept the terms of this proposal, including the BAC proposal number. Each revision to this proposal will contain a unique proposal number. Please contact me at (916) 663-0500 or paulba-bacnoise.com if you have any comments or questions regarding this proposal, and thank you again for inviting our participation. Sincerely, Bo d Acoustical Consultants,. Inc. e k' h a � Paul Bolla }' v - President BAC P#2014 -125a - Dog Kennel on Messilla Valley Road Ms. 'Stacey Jolliffe .Butte County September 18, 2014 y Page 3 1 Bollard Acoustical Consultants, Inc. (BAC) Fee Schedule & Consulting Terms .Effective February 1, 2014 Staff / Expense Item Rate Principal Consultant $150 / hr. Senior Consultant $130 / hr. Consultant $100 / hr. Principal Consultant Legal Work $250 / hr. Technical Support Staff $75 / hr. Clerical Support Staff $50 / hr. Mileage $0.56 / mile Per Diem Charges (meals & dodging) $150 / day Sound Level Meter Charge $50 / day / meter Insurance Coverage Bollard Acoustical Consultants, Inc. maintains general and professional liability insurance policies with two million dollars coverage each and maintains automobile liability insurance coverage at one million dollars. • We provide certificates of insurance to our clients upon request at no charge. Invoicing and Terms of Payment Bollard Acoustical Consultants, Inc. reserves the right to submit monthly invoices for services and expenses which have been incurred when project time -lines are expected to exceed 30 days. Payment for professional services is due within 30 days of the invoice date, and past due thereafter. Past due invoices will incur interest at the rate of 1.5% per month on the balance due. Commitment to the Environment In our ongoing effort to minimize our environmental footprint and reduce costs, we will transmit project correspondence electronically via e-mail — including this proposal, draft and final reports (including graphics and appendices), and the invoice for professional services rendered. Paper copies of our work products will not automatically be generated. However, if you require a paper copy of any project work product or project -related correspondence, we will gladly provide one upon request. Please partner with us in this effort by transmitting all project correspondence to us electronically as well. BAC P#2014 -125a — Dog Kennel on Messilla Valley Road y Butte County Department of Development Services ; TIM SNELLINGS, DIRECTOR PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Office ; s (530) 538-7785 Fax www.buftecounty.net/dds oEvEtoENT seswces Needles UP14-0004 Draft Agenda September 26, 2014 - 9 am DDS Training Room, 7 County Center Drive, Oroville Participants Applicant Team Traci Needles, Applicant Bret Wood, North Valley Building Systems , Butte County Department of Development Services Pete Calarco, Assistant Director Chuck Thistlethwaite, Planning Manager Stacey Jolliffe, Principal Planner Draft Agenda 9 am Meeting Goals 9:05 am Neighborhood Concerns and Need to Improve CEQA defensibility • Noise study recommended $2500 • County -funded Zoning Code Amendment incorporated into project • Info Needs: Response to past investigations, Vehicle trips 9:15 Cost estimate 9:30 Project Update/Next Steps Noise Study by October 13, 2014 New target: Initial Study by November 1 for Dec 11 PC Meeting r REFERRED TO: 0 USFWS DFG ❑X NOAA Fisheries ❑X BCAG REFERRING AGENCY INFORMATION Jurisdiction/Agency: Butte County Department: Dept. of Development Services Project Manager: Stacey Jolliffe Phone: (530) 538-6573 Email: sjolliffe@buttecounty.net PROJECT INFORMATION File Number: UP 14-0004 (Needles) Filing Date: 06/24/14 Application Type: Use Permit Previous Applications: None Initial CEQA: ❑ ND ❑ MND ❑ EIR NX Not Specified Project Description: PARCEL/PROJECT LOCATION Address of Property: APN: 041-030-149 Owner Name: Traci Needles Applicant Name: Same Project Parcel Size (Acres): Approx. 20.37 ac Project Footprint Size (Acres): >10 acres ENVIRONMENTAL INFORMATION Criteria Set (from instruction page that was met (A, B, or Q. If `B', describe which of the six criteria was met under #2: A Landcover type(s) present and Listed/Covered species present (if known): Blue Oak Savanna Other Biological Data (if relevant): Very High Constraint identified along southern boundary of project. ASSOCIATED INFORMATION MAPS Site Plan Enclosed? ❑X YES ❑ NO Location and Aerial photo maps enclosed?. 0 YES ❑ NO GAPROJECTS - APPLICATIONSWMANFORD TSM13-000l\HCP-NCCP referral form & letter.doc ..:Butte County Depa- ment of Development Services 'TIM SNELLINGS, DIRECTOR 1,PETE?.CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville,.CA 95965 (530) 538-7601 Telephone (530) 538-2140 Facsimile www.buttecounty.net/dds www.butte_qeneralplan.net ADMINISTRATION * BUILDING * PLANNING .DATE: May 16, 2013 Butte County HCP-NCCP Agency Referral for Project Review Applicant/Owner: Traci Needles Engineer: Brett Wood—North Valley Building Systems— and Andy Johnson — Vertech Engineering Staff Contact: Stacey Jolliffe, Principal Planner; (530) 538-6573, sjolliffe@buttecounty.net Proiect Name: UP14-0004 (Needles) Project Location: Orchard Blossom Way, Butte Valley Type of Application(s): Use Permit Assessor's Parcel Number: 041-030-149 Project Site Size: 20.37 acres Current Zoning: AG -40 General Plan Designation: Agriculture Environmental Setting: The. project site is approximately 20.37 acres designated Agriculture by the General Plan land use element and zoned AG -40 (Agriculture 40 -acre minimum parcel size). The site is primarily undisturbed land described as 'Blue Oak Savanna in the final landcover layer dated April 22, 2011 from the Butte Regional Conservation Planning effort (unadopted), The blue oak savanna is reflected as a moderate constraint on the majority of the site. A very high constraint is identified on the southern boundary of the project. A rare plant study was performed by Costella Environmental Consulting dated May 5, 2014 for Butte County Checkerbloom. This species was NOT identified on the project site during the time of year when it would be evident, if present. Study can be viewed at http://dspermits.buttecounty.net/Search/pro*ect.aspx and then by searching by UP14-0004 Project Description: A request by Traci Needles for a Conditional Use Permit for a kennel with breeding, boarding and training facility for up to 100 dogs on Orchard Blossom Way in Butte Valley. The subject property is approximately 20 acres and is zoned AG -20. Proposed structures include a 1,500 sq ft residence and 3,500 sq ft kennel building. 1 At Y8OS lei ti w mfan oo y ~-'time. `..., jj • S `j �..ANNE- C7i'-• t �. y y' �y • 1. G 6 AVP �' M • A .AVP �i +t} A �� � � �;. )�iy�.. ��[y r � !•fit, � � '�!�"` � `.� •� It v ,, aikc VPGNSC r,• ' •.�Y� y r'Vp • . t9+ a a~�.�t+ �i r� ►` ir N Use Permit UP14-0004 (Traci Needles) APN 041-030-149 0 0.0350.07 0.14 0.21 0.28 Mik ., - . r •fit t it �'. Grp ��' r ti� { '" � �4 �•.xf,` u ` ^� .a � f� 4 +r�. r ' :• + _ S. �"p, � .. +'.� i,. ,� �, r: .�t' A ..� , .i .� � R c � o• Y .. } • 'y a - y' I LI '` 1•a• . � d^ ,. a *�'• ..• = • •t ya ��. }, •BUTTE COUNTY ", Z. JUN 24 214 ;: a ' ♦ w '' t'' DEVELOPMENT # SERVICES, yY Lm LM U) MAMA i% :. - .. �,. • . !� . - Yin .. � l ,;T` � S e ♦r ,4• ., '� • I + •;«. t/ � M1 � a'. ,1 ,. 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(530) 899.8716 ' _ (EXIS7INC) .OPEN GLASSY ROLLING HILLS ■ F. (866) 881-9108 • - - _ •,:... - l BUTTE vertedlenglnwdngcom COUNTY (EXISTING) OPEN GRASSY ROLLING HILLS • • • L' r •. •+ JUN. 2 4 Z <. r k f I? , . • • r, , ' , ' • • I, '� �, r • r (t ` . J • •, • �� . T , i NOATN VALLA •YIlO1NO fr[T[Ht •, • UEVELbP�EN sFRvlcEs SEPTIC rn MESILL"A VALLEY ROAD y J F - Y` 0) DRIVEWAY (12'-0- MADE, TYPICAL c - OROVILLE-, CAyc�` r Z j APN: 041-030-149 20.37 ACRES •, w • - � ` (E)OSTING) -OPEN GRASSY ROWNC HILLS' _ r - cn . � `. ' ' - / _ _ J � y • . • 1-11 �� + . - • TURN AROUND/PARKING , _ • . _ A (i� - • A FOR KENNEL BUILDING j , T - 'r . , . ,• : ' • 1 W - , • • .. // j . _ PROPOSED MODULAR HOME (BY OTHERS) + - U2• ,,... J SEPTIC r // %/�/// . t '• _ - �'17.1 • % / -(E)asnNd) OAK TRESS, TYPICAL • PROPOSED 130' X 65 .. KENNEL BUILDING l.' ;� y. _ • - `` �' . 60'-0. OF ATTACHED OUTDOOR• KENNEL/DOG';•'4" ,} RUNS SURROUND .THE KENNEL BUILDING - • • _ v�4/17/14 , . _ - _o r - .. ,i r Pr, .; "` • • ; y t ' , - - •I - 0 SCALE SITE PLAN' -- k ;' tr `� PROPOSED CONSTRUCTION: Act NOT TO SCALE - r �. r rt 14-171 130' X-65' METAL BUILDING • r NOTE BUILDING LOCATIONS SHOWN AS '•' _ ` APPROXIMATE. ACTUAL DIMENSIONS SHALL - zT A 1 y . • . - -a -1 201•. 37' - }` • "1 . i r BE VERIFIED IN THE FlELD_.. • C - 7f.~` sl • % / -(E)asnNd) OAK TRESS, TYPICAL • PROPOSED 130' X 65 .. KENNEL BUILDING l.' ;� y. _ • - `` �' . 60'-0. OF ATTACHED OUTDOOR• KENNEL/DOG';•'4" ,} RUNS SURROUND .THE KENNEL BUILDING - • • _ v�4/17/14 , . _ - _o r - .. ,i r Pr, .; "` • • ; y t ' , - - •I - 0 SCALE SITE PLAN' -- k ;' tr `� PROPOSED CONSTRUCTION: Act NOT TO SCALE - r �. r rt 14-171 130' X-65' METAL BUILDING • r NOTE BUILDING LOCATIONS SHOWN AS '•' _ ` APPROXIMATE. ACTUAL DIMENSIONS SHALL - zT A 1 y . • . - -a -1 201•. 37' - }` • "1 . i r BE VERIFIED IN THE FlELD_.. • C - ., f BI)E COUNTY RECEIPT t_ Printed: 8/20/2014 *RECEIPT NUMBER PREFIXES* 11:55 am r ` € 'B/P = Development Services - Building/Planning Division (530)538-7601- 530)538-7601SEH 'EH= Environmental Health .(530)538-7281, a PW = Public Works Department. (530)538-7681 :. - Y •', • ' r' r .' r _rg� .. � .,r ' r Receipt Number:. P2832 Date Paid: 8/20/2014 Paid By: NORTH VALLEY BUILDING Received, By: STL Project Number: UP14-0004 Pay Method: CHECK 39573 .. Site Apn: 041-030-149" Description:' Kennel - Mesilla Valley Rd . Site Address:,' ,+CA Applicant: NEEDLES, TRACI ; Fee Description Account Number 'Fee Amount =� CONDITIONAL USE PERMIT - RETAINER- ° 0010-0-204402-101001 $2,608.00 DP GENERAL PLAN MAINT FEE RETAINER 13 0010-0-204402-101001 $117.36 . . DP TECHNOLOGY INVSTMNT FEE RETAINER 13 0010-0-204402-101001 $26.08 1 + Z 1 Total Fees Paid: a $29751.44 r..s • ! . _ , F .e I � r .•fit r� Z•" � • , ` -1 1 Proposed Metal building for Commerical Kennel •. f �: --• • � : �� � � _ - _ . - - -� .• .. - O enation _ . ._ , • . , _ . • _• - . - is � T . s •• ,I ' 4 Fu• ' 't• 4 K, Front,",T E- - .� i. _ • ,1.. . ,- • . ,, . - .. - : • moi+ .� -Y _ `.�' n �. f -. r _, Y• � ,.,�'- �. J.'. �. � i'L•1• +'•• . , -• , �. « -4+ .. •_ . _ . s � - _. } • - .. � � 'i •fit � ^tea �- . - ,y. ,. 6 op VALL J Tti } a v . 'r , < h -. - . - - •• �' _ - J,x �" „ •- •WELL t PG&E POWER POLE { ' .. - • LEACH AREA �` �' - _rA, ! E : y - t+ - `' � � t .:r / - • - ti .. - • i r. (E)OSTING) OPEN GRASSY ROLLING HILLS (EASTING) OPEN GRASSY ROLLING HILLS - - - - ` } i �E• Ac. - ' .SEPTIC . ! ,�.. s. 3 � MESILLA VALLEY ROAD oRIVEWAr (,z -o• VIIOE TYPICAL .- LO OROVILLE,� CA �` o Q , .. APN: 041-030-149 20.37 ACRES'- ^,� o ' A, •, (E)OSTING) OPEN GRASSY ROWING HILLS .•• ' r L TURN AROUND/PARKING .. r' ; ' ''� 1 ' • .. 9`' . • a [_ FOR KENNEL BUILDING j ' ' - • •Y'�. •)" - .I - _ .. �qr ' - 270'3. PROPOSED MODULAR HOME (BY OTHERS) 435+ /// // 7 ,. - .• .. . - SEPTIC —(E)USTING) OAK TRESS, TYPICAL • %�LOIESSIpy ` �Q4•Qrry1 C. 10, Aye` Q N aNm C-691862 r , J> CIVIL �P •' •� gtfOFCAUFO� f j TKESE PIANS NAVE BEEN • ` '� ' • { , REVERED FOR COYPL CE ONLY MATH THE ATTACHED �: '.'� •, •, STRUCTURAL CALCUTAT06 D GZN iNra 383 Rio Undo Ave, Ste 200 Chico, Calfomle 95926 P. (530) 899.8716 A (866) 881-9108 vertechen®needngcom • .-. • NOATN v.uAr wuo,wa vvas ., . , , 4, Cfl Q w I A P-4 z pq E -I r PROPOSED 130' X 65' ,KENNEL BUILDING' r ,�� •� - a ' a T• .. ,,- - / O •` RUNS SURROUND THE OUTDOOR BUILDING DOG j/ RUNS SURROUND THE KENNEL=BU0.DINC �. . r 1 - - .. - ,•oma .'R 1 �� _.. ''• r. -,r « r• • •• SITE 'PLAN _ PROPOSED CONSTRUCTION: NOT To SCALE: - - • �• - 130' X 65' METAL BUILDING - T ,( _ - .. , - - • • . ' . JF't - NOTE BUILDING LOCATIONS SHOWN AS APPROXIMATE. ACTUAL DIMENSIONS SHALL i • _ '.,1201.37' • BE VERIFIEDIN THE FIELD. _ i• . ' BNEaa . vac. 4/17/14 ' NO SCALE ACJ m Al . i n` • fr y` • —(E)USTING) OAK TRESS, TYPICAL • %�LOIESSIpy ` �Q4•Qrry1 C. 10, Aye` Q N aNm C-691862 r , J> CIVIL �P •' •� gtfOFCAUFO� f j TKESE PIANS NAVE BEEN • ` '� ' • { , REVERED FOR COYPL CE ONLY MATH THE ATTACHED �: '.'� •, •, STRUCTURAL CALCUTAT06 D GZN iNra 383 Rio Undo Ave, Ste 200 Chico, Calfomle 95926 P. (530) 899.8716 A (866) 881-9108 vertechen®needngcom • .-. • NOATN v.uAr wuo,wa vvas ., . , , 4, Cfl Q w I A P-4 z pq E -I r PROPOSED 130' X 65' ,KENNEL BUILDING' r ,�� •� - a ' a T• .. ,,- - / O •` RUNS SURROUND THE OUTDOOR BUILDING DOG j/ RUNS SURROUND THE KENNEL=BU0.DINC �. . r 1 - - .. - ,•oma .'R 1 �� _.. ''• r. -,r « r• • •• SITE 'PLAN _ PROPOSED CONSTRUCTION: NOT To SCALE: - - • �• - 130' X 65' METAL BUILDING - T ,( _ - .. , - - • • . ' . JF't - NOTE BUILDING LOCATIONS SHOWN AS APPROXIMATE. ACTUAL DIMENSIONS SHALL i • _ '.,1201.37' • BE VERIFIEDIN THE FIELD. _ i• . ' BNEaa . vac. 4/17/14 ' NO SCALE ACJ m Al a • UP14-0004 Traci Needles4 - - 0 1 030 149 Do I Need A RWQCB Permit? Water Code section 13260(a) requires that any person currently discharging or proposing to discharge waste that could affect the quality of the waters of the State (other than into a community sewer system) file a Report of Waste Discharge (RWD) with the appropriate Regional. Water Quality Control Board that contains such information and data as may be required. http://www.waterboards.ca.gov/centraIvaIley/help/business help/permit2 shtml FORM 200 —Application for Waste Discha a Rew frements The app ' ation package constitutes a WD, or a complete characterization of discharge, nt to California Water Code Section 260. A complete characterization includes, but is not limited to, design and actual flows, a list of constituents and the discharge concentration of each constituent, a list of other appropriate waste discharge characteristics, a description and schematic drawing of all treatment processes, a description of any Best Management Practices use, and a description of disposal methods. NOTE: The RWD must be prepared by a qualified California Registered Professional Civil Engineer Water Code sections 13260(b) and 13269 authorize the Central Valley RWQCB to waive WDRs and RWDs, respectively, for specific types of discharge where such a waiver is not against the public interest, is conditional, and may be terminated by the Board.at any time. The RWQCB has established appropriate procedures for handling on-site wastewater in its Basin Plan under "Guidelines for Waste Disposal from Land Developments." Environmental Health acts as the Local Enforcement Agency (LEA) tasked with the implementation of Chapter 19 of the Butte County Code, On -Site Wastewater Ordinance, the purpose of which is to ensure compliance.. with applicable standards, laws, and guidelines as adopted, and/or modified by the State. of California, Water Resources Control Board or the Central Valley RWQCB. Should the RWQCB issue a "Waiver", the oversight of the system would fall under EH and Chapter 19 requirements. The Site Evaluation conducted by EH staff on September 10, 2014 revealed an effective soil depth of only 12-15 inches.:Therefore, a supplemental treatment system utilizing engineered fill or 'disinfection designed by a Certified Designer will be required for commercial and/or residential use on the parcel. Chapter 19-7.A. Minimum Vertical Separation Requirements 3. Existing Parcels: Special Consideration for Enhanced Design Alternatives . New wastewater systems may be approved by the LEA for parcels created prior to the effective date of this Chapter provided one of the following enhanced design alternatives is utilized within the constraints and specifications outlined in this Chapter and the On -Site Wastewater Manual: a. Engineered Fill WcS�W�% UP14-0004,Traci Needles, 041-030-149 Engineered fill may be utilized, as described in the On- Site Wastewater Manual, where all the following site conditions and system specifications are met: i. There shall be.a minimum of 12 inches of native effective soil after site preparation and prior to placement of fill; ii. Wastewater shall receive supplemental treatment; and a sufficient depth of engineered fill added to bring the vertical separation to a minimum of 24 inches. b. Disinfection Disinfection using an approved add-on disinfection component may be utilized, as described in the On -Site Wastewater Manual, where all the following site conditions and system specifications are met: i. A minimum of 12 inches of vertical separation shall be maintained; ii. Wastewater shall receive supplemental treatment provided by either a single - pass sand filter or an alternate type of supplementary treatment system. If an alternative type of supplementary treatment system is used, the testing frequency for compliance with effluent quality limits shall be increased from quarterly to monthly for the first year of operation, or longer if needed to verify reliable treatment; iii. Dispersal shall utilize either pressure distribution or subsurface drip irrigation; and iv. An analysis shall be performed demonstrating that breakout of wastewater will not occur. y CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION RESOLUTION R5-2013-0145 APPROVING WAIVER OF REPORTS OF WASTE DISCHARGE AND WASTE DISCHARGE REQUIREMENTS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION The California Regional Water Quality Control Board, Central Valley Region, (hereafter Central , Valley Water. Board or Board) finds that: 1. Water Code section 13260(a) requires that any person currently discharging or proposing to discharge waste that could affect the quality of the waters of the State (other than into a community sewer system) file a Report of Waste Discharge (RWD) with the appropriate Regional Water Quality Control Board that contains such information and data as may be required. 2: Pursuant to Water Code section 13263, the Central Valley Water Board has the obligation to prescribe waste discharge requirements (WDRs) for waste discharges, except where the Central Valley Water Board finds that waiving this requirement for a specific type of discharge is not against the public interest pursuant to Water Code section 13269. 3. Water Code sections 13260(b) and 13269 authorize the Central Valley Water Board to waive WDRs and RWDs, respectively, for specific types of discharge where such a waiver is not against the public interest, is conditional, and may be terminated by the Board at any time. 4. In 1999, Water Code section 13269 was amended by the California Legislature. Following, these amendments, waivers automatically expire after five years, unless the Board that issued the waiver reviews the terms of the waiver at a public hearing and determines that the waiver is consistent with any applicable state or regional water quality control plan and is in the public interest. 5. In December 2008, the Central Valley Water Board adopted Resolution R5-2008-0182 (Waiver of Reports of Waste Discharge and Waste Discharge Requirements for Specific Types of Discharge Within the Central Valley Region), which renewed the General Waiver (i.e., Resolution R5-2003-0008), which had been in effect for five years. Resolution R5-2008-0182 waived WDRs, and in some cases RWDs, for 12 specific types of discharges to land. . 6. 4 The Central Valley Water Board, in compliance with the Water Code, has reviewed the previously -issued waivers set forth in Resolution R5-2008-0182 and has determined that waivers for the following types of discharges to land pose a low threat to the quality of • . • RESOLUTION R5-2013-0145 -2- WAIVER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION waters of the State and are consistent with all applicable state or regional water quality control plans, and thus should be renewed:. a. Conditional waiver of WDRs or Water Recycling Requirements (WRRs), but not the requirement to submit RWDs, for: • Disposal of dredge material to land, • Water recycling for construction purposes and road dust control, and • Small, short-term sand and gravel operations. b. Conditional waiver of WDRs and in some instances the requirement to submit RWDs, for: • Air conditioner, cooling, and elevated temperature waters, • Fresh water well drilling muds/boring wastes, • Inert solid waste disposal, • Test pumping of fresh water wells, • .Swimming pool discharges, • Construction dewatering discharges, • Hydrostatic testing, • Agricultural commodity wastes, and • Disposal of residual waste to land as a soil amendment. 7. In 2003, the State Water Resources Control Board (State Water Board) adopted Statewide General Order 2003-0003-DWQ for "low -threat' discharges to land. This Statewide General Order was adopted to handle those types of discharges that posed a low threat to water quality, but was not intended to supersede the authority of the Regional Water Quality Control Boards to issue individual WDRs or conditional waivers. 8. A review of the Statewide General Order shows that several categories covered by the Order are nearly identical to those covered by Resolution R5-2013-0145. For those categories that are also covered by the Statewide General Order, the waiver only applies to those discharges that represent the very lowest threat to water quality. As a result, categories for discharges of drilling muds/boring wastes, inert solid waste disposal, test .pumping of fresh water wells, swimming pool discharges, construction dewatering discharges, and hydrostatic testing, are restricted to those instances which. represent the lowest threat to water quality. 9. Waiver of WDRs for discharges from projects requiring Water Quality Certification was dropped from the General Waiver in 2008 since discharges from dredge and fill activities would be best regulated under Statewide General Order 2003-017-DWQ for "Jurisdictional' waters and Statewide General Order 2004-0004-DWQ for "Non jurisdictional' waters. • • RESOLUTION R5-2013-0145 -3- WAIVER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION 10. The Central Valley Water Board reviewed the conditions for the drilling muds/boring wastes waiver category (Waiver Category No. 2), which applied to drilling muds/boring wastes from both fresh water supply wells and oil and gas operations. The Central Valley Water Board considered impacts to water quality based on increases in'oil and gas drilling in the Central Valley Region over the last five years, advances in oil and gas drilling technologies (e.g., horizontal drilling and well stimulation activities), and increases in the drilling for oil and gas outside of existing oil and gas fields and determined that Waiver Category No. 2 should be renewed only for the drilling of fresh water supply wells. Discharge of drilling muds/boring wastes from oil and gas operations will be considered in a separate action to determine whether or not a waiver of RWDs and/or WDRs is appropriate. 11. The Board's waiver of the requirement to file RWDs and the Board's waiver of WDRs for discharges that will cause no or insignificant impairment to water quality and that pose little risk of creating a nuisance condition is not against the public interest, as these actions reduce the cost of activities that produce innocuous or small amounts of waste, are protective of the environment, and allow Central Valley Water Board staff to direct resources towards addressing waste discharges that have significant potential to degrade water quality or create nuisance conditions. 12. The waiver of RWDs under a discharge category does not preclude the Executive Officer from requesting a RWD for a specific project if it is necessary to perform an evaluation of the discharge. 13. The waiver of WDRs and, in some instances, RWDs for discharge categories covered under the General Waiver for low threat discharges to land, were previously waived under Resolution 82-036. As lead agency under the California Environmental Quality Act (Pub. Resources Code, section 21000 et seq.) (CEQA), the Central Valley Water Board determined that adoption of Resolution 82-036 waiving WDRs for 23 specific discharges to land would not cause a significant environmental impact and, on 23 December 1981, adopted a Negative Declaration. Pursuant to California Code of Regulations, title 14, section 15162, a subsequent environmental impact report or negative declaration is not required. 14. The conditional waiver is consistent with State Water Board Resolution 68-16, the Statement of Policy with Respect to Maintaining High Quality of Waters in California, because the waiver of WDRs imposes conditions to prevent impacts to water quality and authorizes no degradation of water quality, will not unreasonably affect beneficial uses of water, and will not result in water quality less than that prescribed in plans and policies. 15. The Central Valley Water Board conducted a public hearing on 5 December 2013 in Rancho Cordova, California, and considered all testimony and evidence concerning this matter. • RESOLUTION R5-2013-0145 -4- WAIVER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION THEREFORE BE IT RESOLVED, that in accordance with Water Code section 13269, the Central Valley Water Board adopts the "Waiver of Reports of Waste Discharge and Waste Discharge Requirements for Specific Types of Discharge" as set forth in Attachment A, hereafter informally referred to as the "General Waiver," and that; The Central Valley Water Board waives the requirement to obtain WDRs and/or WRRs, and for some instances the requirement to submit a RWD and filing fee, for discharge types that fulfill the conditions set forth in Attachment A of this Order. 2. Discharges that result from emergency work or emergency projects as described under Water Code section 13269(c) are not affected by this action. 3. Discharge of wastes to wetlands, surface waters, drainage courses, or biologically sensitive areas, is prohibited. 4. Based on the testimony received at the aforementioned hearing, and the above -noted findings, the General Waiver is not against the public interest provided dischargers subject to such waiver: (a) comply with the conditions for waiver of waste discharge requirements asset forth in the General Waiver; (b) file with the Central Valley Water Board a Report of Waste Discharge and filing fee when required as part of the General Waiver; and (c) comply with applicable State and Central Valley Water Board plans and policies. 5. For those discharges requiring submittal of a RWD, the discharger must submit the fee specified in California Code of Regulations, title 23, section 2200, for a threat to water quality and complexity of °3C". 6. Based on the above -noted findings, it is not necessary at this time to adopt individual or general waste discharge requirements for the discharge of wastes related to the types .of discharges identified in Attachment A and that are conducted in accordance with the conditions specified in the General Waiver as these types of discharges are considered to be of low threat to water quality and Central Valley Water Board resources should focus on higher threat discharges. 7. For the seven categories in the General Waiver that are also covered by Statewide General Order 2003-0003-DWQ for low threat discharges to land, this waiver shall only apply to those discharges that are of such good quality and of limited volume/duration that coverage under the Statewide General Order for low threat discharges is not necessary. Specifically: RESOLUTION R5-2013-0145 -5- WAIVER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION • Non -contact cooling water discharges; • Fresh water well drilling muds/boring wastes; • Inert solid waste disposal; • Test pumping of freshwater wells; •. Swimming pool discharges; • Construction dewatering discharges; and • Hydrostatic testing. 8. The discharge of any waste not specifically regulated by the General Waiver is prohibited unless the discharger complies with Water Code section 13260(a) and the Central Valley Water Board either issues WDRs pursuant to Water Code section 13263 or an individual waiver pursuant to Water Code section 13269, or the time frames specified in Water Code section 13264(a) have elapsed. 9. This General Waiver shall not create a vested right to discharge. All discharges authorized under this General Waiver shall be considered a privilege, as provided for in Water Code section 13263. 10. Pursuant to Water Code section 13269, this action waiving the issuance of WDRs for certain specific types of discharges: (a) is conditional, (b) may be terminated at any time, (c) does not permit an illegal activity, (d) does not preclude the need for permits ~" which. may be required by other local or governmental agencies, and (e) does not preclude the Central Valley Water Board from administering enforcement remedies (including civil liability) pursuant to the Water Code. 11. The Executive Officer or Central Valley Water Board may terminate the applicability of the General Waiver described herein as to any type of discharge or individual discharger at any time when such termination is in the public interest or the activity could.affect the quality or beneficial uses of the waters of the State. 12. The Central Valley Water Board may review the General Waiver at any time and may modify or terminate the General Waiver in its entirety, as applicable for a specific type of discharge, or for individual dischargers, as is appropriate. 13. This General Waiver shall expire on 5 December 2018, unless terminated or renewed by the Central Valley Water Board. If any person discharging a waste that falls within the scope of the waiver fails to comply with the conditions of the waiver, the Executive Officer may refer this matter to the Attorney General for judicial enforcement, may issue a complaint for administrative civil liability, or may take other enforcement actions. Failure to comply with the conditions of the waiver may result in the as of Administrative Civil Liability of up to $10,000 per violation, per day, depending on the violation, pursuant to the Water Code, including sections 13268, 13350 and 13385. The L 0 • RESOLUTION R5-2013-0145 _ . -6- WAIVER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION Central Valley Water Board reserves its right to take any enforcement actions authorized by law. Any person aggrieved by this action of the Central Valley Water Board may petition the State Water Board to review the action in accordance with Water Code section 13320 and California Code of Regulations, title 23, sections 2050 and following. The State Water Board must receive the petition by 5:00 p.m., 30 days after the date of this Order, except that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the next business day. Copies of the law and regulations applicable to filing petitions may be found on the Internet at: http://www.waterboards.ca.aov/public notices/petitions/water quality or will be provided upon request. I, PAMELA C. CREEDON, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of a Resolution adopted by the California Regional Water Quality Control Board, Central Valley Region, on 5 December 2013. Original signed by.- PAMELA y. PAMELA C. CREEDON, Executive Officer Order Attachments: A. Specific Discharges Covered by the General Waiver B. Staff Report CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ATTACHMENT A CONDITIONS OF. DISCHARGE RESOLUTION R5-2013-0145 WAIVER OF REPORTS OF WASTE DISCHARGE AND WASTE DISCHARGE REQUIREMENTS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION Each person who discharges a waste type identified herein that is of very low complexity and very low threat to water quality and who meets the conditions specified herein for that type of discharge need not obtain waste discharge requirements (WDRs) and may commence discharge forthwith of that waste type, provided: 1. The Discharger first submits, if requested by the Executive Officer or if specified below for the discharge type or situation, a filing fee and Report of Waste Discharge (RWDs) that documents that the discharge will comply with the conditions of waiver, and obtains written approval of waiver from the Executive Officer. 2. For discharge types covered by Statewide General Order 2003-0003-DWQ for low.threat discharges to land, the Discharger must provide information that demonstrates that the discharge is of such low-threat/duration that waiver of WDRs and RWDs is appropriate. Specifically: (a) evaporative cooling water discharges; (b) drilling muds/boring waste discharges; (c) inert solid waste disposal; (d) test pumping of fresh water wells; ' (e) swimming pool discharges; (f) construction dewatering discharges; and (g) hydrostatic testing. 3. The Discharger complies with the conditions in this document specific to the type of discharge and with the following general provisions: a. The discharge shall neither create nor threaten to create a condition of nuisance, as defined by Water Code section 13050. b. The discharge shall neither degrade the quality of waters of the State nor create or threaten to create a condition of pollution or contamination as defined by Water Code section 13050. c. The discharge shall not contain hazardous wastes, as that term is defined in California Code of Regulations, title 22 (Title 22)., section 66261.1 et seq. d. The discharge of any waste not specifically regulated by this waiver and that could affect the quality of the waters of the state is prohibited, unless the discharger obtains regulatory coverage under separate WDRs or certification issued by the Central Valley Water Board or the State Water Resources Control Board. e. The. discharger shall allow Central Valley Water Board staff reasonable access onto the affected property for the purpose of performing inspections to determine compliance with waiver conditions. ATTACHMENT A -2- WAVIER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION f. Field test instruments (such as Electrical Conductivity meters) may be used provided that the operator is trained in the proper use of the instrument -and each instrument is serviced an&or calibrated at the recommended frequency by the manufacturer or in accordance with manufacturer instructions. g. The discharger shall submit technical and monitoring reports as specified by the Executive Officer and consistent with Water Code section 13267. h. Discharge of waste to wetlands, surface waters, drainage courses, or biologically sensitive areas is prohibited. i. The discharger shall comply with all federal, state, county, and local laws and regulations pertaining to the discharge. j. It shall not be a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce its activity in order to maintain compliance with conditions of waiver. k. This waiver expires on 5 December 2018. A discharger of waste subject to a RWD shall submit a new RWD and filing fee before then for consideration of renewal of the waive; or cease discharge. Type of Waste Discharge RWD and Filing Conditions Fee Required' 1. Air Conditioner, Contact Waste constituent concentrations comparable to Cooling and Cooling Water- uppermost underlying groundwater (e.g., Electrical Elevated Yes Conductivity [EC] less than 500 Nmhos/cm over source Temperature water). Waters 3 • Biochemical oxygen demand (BOD) must be consistently less than 30 mg/L without treatment and, if impounded, must be less than 10 Ib/acre/day. • If additives are used, provide the Material Safety Data Sheets (MSDS) and include an analysis for metals in the RWD, especially if metal -containing algaecides are used. • Waste constituent concentrations comparable to Non -Contact underlying groundwater (e.g., EC less than 500 Cooling Water- Nmhos/cm over source water). Yes . if additives are used, provide the appropriate MSDS and include an analysis for metals in the RWD, especially if metal -containing algaecides are used. • Waste constituent concentrations comparable to Non -Contact underlying groundwater (e.g., EC less than 500 Cooling Water- Nmhos/cm over source water). No 2 • Discharge is of good quality (e.g., no additives, including metal -containing algaecides). 0 One time or limited seasonal discharge. ATTACHMENT A -3- WAVIER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE - WITHIN THE CENTRAL VALLEY REGION Type of Waste Discharge RWD and Filing Conditions Fee Required • Drilling operations are in uncontaminated soils. 2. fresh Water Noe • Drilling mud must be non -hazardous and contain no Well Drilling halogenated solvents. Muds/Boring • Prior to burial, drilling muds must first be dried then the Wastes 3 site restored to pre -sump conditions and covered with at least one foot of clean compacted soil. • Sump must be greater than 100 feet from nearest surface water and bottom of the sump must be at least 5 feet above the highest anticipated groundwater level. 3. Disposal of Yes If the dredged material may contain constituents that Dredge Material are potentially hazardous or at concentrations that to Land could impair beneficial uses of receiving water, the discharger must provide a chemical analysis of the fine (silt and clay) portion of the substrate material and a written waste management plan (WMP) describing Best Management Practices (BMPs) which will be. employed to prevent excess erosion and prevent runoff from the emplaced sediments. • Excludes disposal of dredge material from mining operations. r 4. Inert Solid Waste Noe . . Short-term or one time disposal of no more than a few Disposal 3 months. • Wastes must be insoluble, without decomposable solids, and contain no "free liquids". . • The site must be well constructed, managed to restrict access, and outside of natural or man-made drainage courses. • Excludes tires, semi-solid wastes, dewatered sludge, liquid wastes, ash, fresh concrete solids, and any waste deemed by the Executive Officer to have the potential to degrade groundwater, even if classified as inert by Title 27. ATTACHMENT A WAVIER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION -4- Type of Waste Discharge RWD and Filin Conditions Fee Required 5. Test Pumping of Noe One time discharge from testing or development of Fresh Water individual domestic or irrigation supply well or periodic Wells 3 discharge of purge water from a monitoring well as part of compliance monitoring program. • Discharge remains on the property where the test is being conducted, unless there is a signed use agreement. • Discharge shall not be conducted in a manner such as to cause nuisance conditions or threaten surface waters. • Excludes discharge from wells associated with a cleanup or remediation project unless conducted under an approved cleanup or remediation management plan. 6. Swimming Pool Noe • Infrequent (e.g., once every three years) Discharges 3 . Single pool 7. Construction — N 0 . Limited volume and duration of no more than a few Dewatering weeks. Discharges 3 . The impoundment or use area must pose low risk of nuisance and the water must infiltrate/evaporate within 72 hours. 8. Hydrostatic Yes Limited volume and duration of no more than a few Testing 3 weeks. • Provide data to demonstrate that all residual pollutants have been removed or are below water quality objectives. • The impoundment or use area must pose low risk of nuisance and the water must infiltrate/evaporate within 72 hours. Noe Testing on existing lines or tanks used for potable water only or new lines or tanks that have only ever . contained potable water. ATTACHMENT A WAVIER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION -5- Type of Waste Discharge RWD and Filmy Conditions Fee Required 9. Agricultural Recurring An "agricultural commodity waste" is an unprocessed Commodity Discharge- product excepting livestock, poultry, and fish that Wastes Yes becomes a waste as a result of culling, spoilage, or contamination. One-time BMPs are employed to preclude the potential for Discharge- nuisance conditions. Noe Wastes must not be discharged in close proximity to buildings occupied by people. • Excludes discharge of processed food or processed food residuals (e.g., whey), dead animals, or animal byproducts. 10. Disposal of Noe The discharge is enrolled under an approved County Residual Waste Program. to Land as a Soil Amendment 11. Water Yes • Recycled water must be treated to Title 22 standards Recycling for by permitted recycled water producer. Construction . User must certify that the discharge will conform with Projects and Title 22 restrictions and Department of Public Health Road Dust Guidelines and that the use has been approved by Control local and State health departments. 12. Projects Not renewed Requiring Water Quality Certification 13. Small, Short- Yes BMPs are employed to prevent excessive erosion or Term Sand and runoff conditions. Gravel Impoundment or use area must pose low risk of Operations nuisance. ` All wash waters are confined to land. • Excludes sand and gravel operations in stream channels or drainage courses that have the potential to discharge to surface waters. . ATTACHMENT A WAVIER OF RWD AND WDRS FOR SPECIFIC TYPES OF DISCHARGE WITHIN THE CENTRAL VALLEY REGION 1 Does not preclude the Executive Officer from requesting a RWD for a specific project as necessary to perform an evaluation of the discharge. 2 Applicant should contact staff regarding applicability of the discharge meeting the conditions of the waiver without need for a RWD. 3 Covered by Statewide General Order No. 2003-0003-DWQ for low threat discharges to land. For those categories that are covered by both, the waiver should only apply to those discharges that represent the very lowest threat to water quality. INTRODUCTION This application package constitutes a Report of Waste Discharge (ROWD) pursuant to California Water Code Section 13260. Section 13260 states that persons discharging or proposing to discharge waste that could affect the quality of the waters of the State, other than into a community sewer system, shall file a ROWD containing information which may be required by the appropriate Regional Water Quality Control Board (RWQCB). This package is to be used to start the application process for all waste discharge requirements (WDRs) and National Pollutant Discharge Elimination System (NPDES) permits* issued by a RWQCB except: a) Those landfill facilities that must use a joint Solid Waste Facility. Permit Application Form, California Integrated Waste Management Board Form E-1-77; and b) General WDRs or general NPDES permits that use a Notice of Intent to comply or specify the use of an alternative application form designed for that permit. This application package contains: 1. Application/General Information Form for WDRs and NPDES Permits [Form 200 (10/97)]. 2. Application/General Information Instructions. Instructions Instructions are provided to assist you with completion of the application. If you are unable to find the answers to your questions or need assistance with the completion of the application package, please contact your RWQCB representative. The RWQCBs strongly recommend that you make initial telephone or personal contact with RWQCB regulatory staff to discuss a proposed new discharge before submitting your application. The RWQCB representative will be able to answer procedural and annual fee related questions that you may have. (See map and telephone numbers inside of application cover.) All dischargers regulated under WDRs and NPDES permits must pay an annual fee, except dairies, which pay a filing fee only. The RWQCB will notify you of your annual fee based on an evaluation of your proposed discharge. Please do NOT submit a check for your first annual fee or filing fee until requested to do so by a RWQCB representative. Dischargers applying for reissuance (renewal) of an existing NPDES permit or update of an existing WDR will be billed through the annual fee billing system and are therefore requested NOT to submit a check with their application. Checks should be made payable to the State Water Resources Control Board. Additional Information Requirements A RWQCB representative will notify you within 30 days of receipt of the application form and any supplemental documents whether your application is complete. If your application is incomplete, the RWQCB representative will send you a detailed list of discharge specific information necessary to complete the application process. The completion date of your application is normally the date when all required information, including the correct fee, is received by the RWQCB. * NPDES PERMITS: If you are applying for a permit to discharge to surface water, you will need an NPDES permit which is issued under both State and Federal law and may be required to complete one or more of the following Federal NPDES permit application forms: Short Form A, Standard Form A, Forms 1, 213, 2C, 21), 2E, and 2F. These forms may be obtained at a RWQCB office or can be ordered from the National Center for Environmental Publications and Information at (513) 891-6561. Page 2 CALIFORNIA ENVIRONMENTAL State of CaliforniaegOunces PROTECTION AGENCY Regional Water Quality Control Board Awe ~ o APPLICATION/REPORT OF WASTE DISCHARGE m o GENERAL INFORMATION FORM FOR "d WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT " Cal PaRN p o INSTRUCTIONS FOR COMPLETING THE APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM .FOR: WASTE DISCHARGE REQUIREMENT S/NPDES PERMIT If you have any questions on the completion of any part of the application, please contact your RWQCB representative. A map of RWQCB locations, addresses, and telephone numbers is located on the reverse side of the application cover. L FACILITY INFORMATION You must provide the factual information listed below for ALL owners, operators, and locations and, where appropriate, for ALL general partners and lease holders. A. FACILITY: Legal name, physical address including the county, person to contact, and phone number at the facility. (NO P.O. Box numbers! If no address exists, use street and nearest cross street.) B. FACILITY OWNER: Legal owner, address, person to contact, and phone number. Also include the owner's Federal Tax Identification Number. OWNER TYPE: Check the appropriate Owner Type. The legal owner will be named in the WDRs/NPDES permit. C. FACILITY OPERATOR (The agency or business, not the person): If applicable, the name, address, person to contact, and telephone number for the facility operator. Check the appropriate Operator Type. If identical to B. above, enter "same as owner". D. OWNER OF THE LAND: Legal owner of the land(s) where the facility is located, address, person to contact, and phone number. Check the appropriate Owner Type. If identical to B. above, enter "same as owner". E. ADDRESS WHERE LEGAL NOTICE MAY BE SERVED: Address where legal notice may be served, person to contact, and phone number. If identical to B. above, enter "same as owner". F. BILLING ADDRESS Address where annual fee invoices should be sent, person to contact, and phone number. If identical to B. above, enter "same as owner". Form 200)6/97) t✓;. Page 3 CALIFORNIA ENVIRONMENTAL State of California e90UCes C PROTECTION AGENCY Regional Water Quality Control Boarde a .ods., a~" �°r • o APPLICATION/REPORT OF WASTE DISCHARGEW mom. � o GENERAL INFORMATION FORM FOR `4 ' WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT C'PO�N P LL TYPE OF DISCHARGE Check the appropriate box to describe whether the waste will be discharged to: A. Land, or B. Surface Water. Check the appropriate box(es) which best describe the activities at your facility. Hazardous Waste - If you check the Hazardous Waste box, STOP and contact a representative of the RWQCB for further instructions. Landfills - A separate form, APPLICATION FOR SOLID WASTE FACILITY PERMIT/WASTE DISCHARGE REQUIREMENTS, California Integrated Waste Management Board Form E-1-77, may be required. Contact a RWQCB representative to help determine the appropriate form for your discharge. 11ii•1117(1]`�(IJ��F�i1�fi]_©_�•� 1 . Enter the Assessor's Parcel Number(s) (APN), which is located on the property tax bill. The number can also be obtained from the County Assessor's Office. Indicate the APN for both the facility and the discharge point. 2. Enter the Latitude of the entrance to the proposed/existing facility and of the discharge point. Latitude and longi- tude information can be obtained from a U.S. Geological Survey quadrangle topographic map. Other maps may also contain this information. 3. Enter the Longitude of the entrance to the proposed/existing facility and of the discharge point. IV REASON FOR FILING NEW DISCHARGE OR FACILITY: A discharge or facility that is proposed but does not now exist, or that does not yet have WDRs or an NPDES permit. CHANGE IN DESIGN OR OPERATION: A material change in design or operation from existing discharge requirements. Final determination of whether the reported change is material will be made by the RWQCB. CHANGE IN QUANTITY/TYPE OF DISCHARGE: A material change in characteristics of the waste from existing discharge requirements. Final determination of whether the reported change would have a significant effect will be made by the RWQCB. CHANGE IN OWNERSHIP/OPERATOR: Change of legal owner of the facility. Complete Parts 1, 111, and 1V only and contact the RWQCB to determine if additional. information is required. WASTE DISCHARGE REQUIREMENTS UPDATE OR NPDES PERMIT REISSUANCE: WDRs must be updated periodically to reflect changing technology standards and conditions. A new application is required to reissue an NPDES permit which has expired. OTHER: If there is a reason other than the ones listed, please describe the reason on the space provided. (If more space is needed, attach a separate sheet.) Form 200(6/97) 1W % Page 4 CALIFORNIA ENVIRONMENTAL State of California �gouRces c PROTECTION AGENCY oti Regional Water Quality Control Board �e p <%APPLICATION/REPORT OF WASTE DISCHARGE WQm�11bo GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT FoaN,P V CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) It should be emphasized that communication with the appropriate RWQCB staff is vital before starting the CEQA documentation, and is recommended before completing this application. There are Basin Plan issues which may complicate the CEQA effort, and RWQCB staff may be able to help in providing the needed information to complete the CEQA documentation. Name the Lead Agency responsible for completion of CEQA requirements for the project, i.e., completion and certification of CEQA documentation. Check YES or NO. Has a public agency determined that the proposed project is exempt from CEQA? If the answer is YES, state the basis for the exemption and the name of the agency supplying the exemption ori the space provided. (Remember that, if extra space is needed, use an extra sheet of paper, but be sure to indicate the attached sheet under Section VII. Other.) Check YES or NO. Has the "Notice of Determination" been filed under CEQA? If YES, give the date the notice was filed and enclose a copy of the Notice of Determination and the Initial Study, Environmental Impact Report, or Negative Declaration. If NO, check the box of the expected type of CEQA document for this project, and include the expected date of completion using the timelines given under CEQA. The date of completion should be taken as the date that the Notice of Determination will be submitted. (If not known, write "Unknown") Vl. OTHER REQUIRED INFORMATION To be approved, your application MUST include a COMPLETE characterization of the discharge. If the characterization is found to be incomplete, RWQCB staff will contact you and request that additional specific information be submitted. This application MUST be accompanied by a site map. A USGS 7.5' Quadrangle map or a street map, if more appropriate, is sufficient for most applications. VII. OTHER If any of the answers on your application form need further explanation, attach a separate sheet. Please list any attachments with the titles and dates on the space provided: VI 11. .CERTIFICATION Certification by the owner of the facility or the operator of the facility, if the operator is different from the owner, is required. The appropriate person must sign the application form. Acceptable signatures are: for a corporation, a principal executive officer of at least the level of senior vice-president; for a partnership or individual (sole proprietorship), a general partner or the proprietor; for a governmental or public agency, either a principal executive officer or ranking elected/appointed official. DISCHARGE SPECIFIC INFORMATION In most cases, ,a request to supply additional discharge specific information will be sent to you by a representative of the RWQCB. If the RWQCB determines that additional discharge specific information is not needed to process your applica- tion, you will be so notified. Form 200(6/97) • • Page 5 CALIFORNIA ENVIRONMENTAL State of California e"OuRces o PROTECTION AGENCY Regional Water Quality Control Board dP o~v �Nj APPLICATION/REPORT OF WASTE DISCHARGE W` o GENERAL INFORMATION FORM FOR "d _ WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT ' C'aIIPORNP - A. Facility: I - FACILITY INFORMATION Name: Address: City: County: State: Zip Code: Contact Person: Telephone Number: B. Facility Owner: I , Name: City: Owner Type (Check One) 1. ❑ IndividLs,31 3. Governmental Agency 5.E] Other: 2.. - Corporation 4. Partnership ' Address: - City: Stats: Zip Code: Contact Person: - Telephone Number: Federal Tax ID: State: C. Facility Operator (The agency or business, not the person): Name: . City: Operator ' �Ope Type (Check One) ' Contact Person: 1. ❑ Individual 2. ❑ Corporation 3. Governmental 4. Partnership - Address % [:] Corporation E] Partnership Address: - Agency . City: State: Zip Code: - Zip Code: 5.. Other: Contact Person: - Other: Telephone Number: D. Owner of the Land: Name: City: Owner Type (Check One) Zip Code: - --. Contact Person: Telephone Number: 1. M Individual 2. 3.E] Governmental 4. [:] Corporation E] Partnership Address: - Agency. 5.E] City: -. . - - State: Zip Code: Other: Contact'Person: Telephone Number: E. Address Where Legal Notice May Be Served: Address:- _ t. City: State: Zip Code: Contact Person: Telephone Number: F. Billing Address: Address: City: State: Zip Code: - --. Contact Person: Telephone Number: Form ZV0(6/97) • CALIFORNIA ENVIRONMENTAL State of California PROTECTION AGENCY Regional Water Quality Control Board APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT II. TYPE OF DISCHARGE Check Type of Discharge(s) Described in this Application (A or B): Page 6 9pu.ces AQP • tip 4a� 0. o ra a ❑ A. WASTE DISCHARGE TO LAND ❑ B. WASTE DISCHARGE TO SURFACE WATER Check all that apply: ❑Domestic/Municipal WastewaterEJAnimal Treatment and Disposal ❑ Animal Waste Solids or Aquacultural Wastewater ❑ Cooling Water ❑ Land Treatment Unit ❑ Biosolids/Residual ❑ Mining ❑ Dredge Material Disposal ❑ Hazardous Waste (see instructions) ❑ Waste Pile ❑ Surface Impoundment ❑ Landfill (see instructions) ❑ Wastewater Reclamation F-1- Industrial Process Wastewater ❑ Storm Water ❑ Other,. please describe: III. LOCATION OF THE FACILITY Describe the physical location of the facility. 1. Assessor's Parcel Number(s) 2. Latitude 3. Longitude Facility: Facility: Facility: Discharge Point: Discharge Point: Discharge Point: IV. REASON FOR FILING ❑ New Discharge or Facility El Changes in Ownership/Operator (see instructions) ❑ Change in Design or Operation ❑ Waste Discharge Requirements Update or NPDES Permit Reissuance ❑ Change in Quantity/Type of Discharge ❑ Other: V. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Name of Lend Avenev- Has a public agency determined that the proposed project is exempt from CEQA? ❑ Yes ❑ No If Yes, state the basis for the exemption and the name of the agency supplying the exemption on the line below. Basis for Exemption/Agency: Has a "Notice of Determination" been filed under CEQA? ❑ Yes ❑ No If Yes, enclose a copy of the CEQA document, Environmental Impact Report, or Negative Declaration. If no, identify the expected type of CEQA document and expected date of completion. Expected CEQA Documents: Expected CEQA Completion Date: Form 200(6/97) CALIFORNIA ENVIRONMENTAL State of California PROTECTION AGENCY Regional Water Quality Control E Ogprg APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT VI. OTHER REQUIRED INFORMATION Page 7 00URCes PQ tun�r� Cp Ate? ti� v 0 f 3 m� ab m 6.-.0 0 • C41.1po5k"P. Please provide a COMPLETE characterization of your discharge. A complete characterization includes, but is not limited to, design and actual flows, a list of constituents and the discharge concentration of each constituent, a list of other appropriate waste discharge characteristics, a description and schematic drawing of all treatment processes, a description of any Best Management Practices (BMPs) used, and, a description of disposal methods. Also include a site map showing the location of the facility and, if you are submitting this application for an NPDES permit, identify the surface water to which you propose to discharge. Please try to limit your maps to a scale of 1:24,000 (7.5' USGS Quadrangle) or a street map, if more appropriate. VII. OTHER Attach additional sheets to explain any responses which need clarification. List attachments with titles and dates below: You will be notified by a representative of the RWQCB within 30 days of receipt of your application. The notice will state if your _. application is complete or if there is additional information you must submit to complete your Application/Report of Waste Discharge, pursuant to Division 7, Section 13260 of the California Water Code. VIII. CERTIFICATION. r "I certify under penalty of law that this document, including all attachments and supplemental information, were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Print Name:': Title: Signature: Date: FOR OFFICE USE ONLY Date Form 200 Received: Letter to Discharger: Fee Amount Received: Check #: Form 200(6/97) California Environmental Protection Agency Bill of Rights for Environmental Permit Applicants California Environmental Protection Agency (Cal/EPA) recognizes that many complex issues must be addressed when pursuing reforms of environmental permits and that significant challenges remain. We have initiated reforms and intend to continue the effort to make environmental permitting more efficient, less costly, and to ensure that those seeking permits receive timely responses from the boards and departments of the Cal/EPA. To further this goal, Cal/EPA endorses the following precepts that form the basis of a permit applicant's "Bill of Rights." Permit applicants have the right to assistance in understanding regulatory and permit requirements. All Cal/EPA programs maintain an Ombudsman to work directly with applicants. Permit Assistance Centers located throughout California have permit specialists from all the State, regional, and local agencies to identify permit requirements and assist in permit processing. 2. Permit applicants have the right to know the projected fees for review of applications, how any costs will be determined and billed, and procedures for resolving any disputes over fee billings. 3. Permit applicants have the right of access to complete and clearly written guidance documents that explain the regulatory requirements. Agencies must publish a list of all information required in a permit application and of criteria used to determine whether the submitted information is adequate. 4. Permit applicants have the right of timely completeness determinations for their applications. In general, agencies notify the applicant within 30 days of any deficiencies or determine that the application is complete. California Environmental Quality Act (CEQA) and public hearing requests may require additional information. 5. Permit applicants have the right to know exactly how their applications are deficient and what further information is needed to make their applications complete. Pursuant to California Government code Section 65944, after an application is accepted as complete, an agency may not request any new or additional information that was not specified in the original application. 6. Permit applicants have the right of a timely decision on their permit application. The agencies are required to establish time limits for permit reviews. 7. Permit applicants have the right to appeal permit review time limits by statute or administratively that have been violated without good cause. For state environmental agencies, appeals are made directly to the Cal/EPA Secretary or to a specific board. For local environmental agencies, appeals are generally made to the local governing board or, under certain. circumstances, to Cal/EPA. Through this appeal, applicants may obtain a set date for a decision on their permit and, in some cases, a refund of all application fees (ask boards and departments for details). 8. Permit applicants have the right to work with a single lead agency where multiple environmental approvals are needed. For multiple permits, all agency actions can be consolidated under a lead agency. For site remediation, all applicable laws can be administered through a single agency. 9. Permit applicants have the right to know who will be reviewing their application and the time required to complete the full review process. 2011-12 Fee Schedules CALIFORNIA CODE OF REGULATIONS TITLE 23. Division 3. Chapter 9. Waste Discharge Reports and Requirements Article 1. Fees Section 2200. Annual Fee Schedules Each person for whom waste discharge requirements have been prescribed pursuant to Section 13263 of the Water Code shall submit, to the State Board, an annual fee in accordance with the following schedules. The fee shall be submitted for each waste discharge requirement order issued to that person. An ambient water monitoring surcharge will be added to each individual fee as required. The ambient water monitoring surcharge for all discharges pursuant to subdivisions (a) and (c) is 9.5 percent of the calculated fee; the surcharge for all discharges pursuant to subdivision (b) is 21 percent of the calculated fee. The surcharge shall be applied to all permits prior to other surcharges prescribed herein. (a) The annual fees for persons issued waste discharge requirements (WDRs), except as provided in subdivisions (a)(3), (b), and (c), shall be based on the discharge's threat to water quality (TTWQ) and complexity (CPLX) rating according to the following fee schedule, plus applicable surcharge(s). ' For this table, discharges to land or surface waters are those discharges of waste to land or surface waters not covered by NPDES permits that are regulated pursuant to Water Code Section 13263 that do not implement the requirements of Title 27 of the California Code of Regulations (CCR). Examples include, but are not limited to, wastewater treatment plants, erosion control projects, and septic tank systems. It does not include discharge of dredge or fill material, discharges from agricultural lands, including irrigated lands, or discharge from animal feeding operations. Dischargers covered by a WDR for municipal and domestic discharges with permitted flows of less than 50,000 gallons per day in categories 2-13, 2-C, 3-13 and 3-C will receive a 50 percent fee discount. The design flow shall be used where no permitted flow is present. Municipal and domestic discharges receiving the discount are defined as discharges from facilities that treat domestic wastewater or a mixture of wastewater that is predominately domestic wastewater. Domestic wastewater consists of wastes from bathroom toilets, showers, and sinks from residential kitchens and residential clothes washing. It does not include discharges from food preparation and dish washing in restaurants or from commercial laundrdmats. Dischargers covered by a Landscape Irrigation General Permit issued by the State Water Board will be assessed a fee associated with TTWQ/CPLX rating of 3B plus any applicable surcharges. 2 For this table, land disposal discharges are those discharges of waste to land that are regulated pursuant to Water Code Section 13263 that implement the requirements of CCR Title 27, Division 2, except Chapter 7, Subchapter 2, §22560-22565 (confined animal facilities). Examples include, but are not limited to, discharges associated with active and closed landfills, waste piles, surface impoundments, and mines. 3 For this table, Not Paying a Tipping Fee are those land disposal dischargers not subject to Public Resources Code (PRC) §48000 et seq. " For this table, Paying a Tipping Fee are those land disposal dischargers subject to PRC §48000 et seq. 5 A surcharge of $12,000 will be added for Class I landfills. Class I landfills are those that, during the time they are, or were, in operation, are so classified by the Regional Board under 23 CCR Chapter 15, have WDRs that allow (or, for closed units, allowed) them to receive hazardous waste, and have a permit issued by the Department of Toxic Substances Control under 22 CCR Chapter 10, §66270.1 et seq. ANNUAL FEE SCHEDULE FOR WASTE DISCHARGE REQUIREMENTS Type of Discharge Threat to Water Complexity Quality Discharge to Land or Land DisposalZ (TTWQ) Surface Waters Not Paying a Paying a Tipping Fee Tipping Fee 1 A $72,565 $48,1255 $41,7325 1 B $45,830 $38,870 $33,706 1 C $24,729 $24,988 $21,668 2 A $16,518 $20,823 $18,057 2 B $9,930 $16,659 $14,445 ' For this table, discharges to land or surface waters are those discharges of waste to land or surface waters not covered by NPDES permits that are regulated pursuant to Water Code Section 13263 that do not implement the requirements of Title 27 of the California Code of Regulations (CCR). Examples include, but are not limited to, wastewater treatment plants, erosion control projects, and septic tank systems. It does not include discharge of dredge or fill material, discharges from agricultural lands, including irrigated lands, or discharge from animal feeding operations. Dischargers covered by a WDR for municipal and domestic discharges with permitted flows of less than 50,000 gallons per day in categories 2-13, 2-C, 3-13 and 3-C will receive a 50 percent fee discount. The design flow shall be used where no permitted flow is present. Municipal and domestic discharges receiving the discount are defined as discharges from facilities that treat domestic wastewater or a mixture of wastewater that is predominately domestic wastewater. Domestic wastewater consists of wastes from bathroom toilets, showers, and sinks from residential kitchens and residential clothes washing. It does not include discharges from food preparation and dish washing in restaurants or from commercial laundrdmats. Dischargers covered by a Landscape Irrigation General Permit issued by the State Water Board will be assessed a fee associated with TTWQ/CPLX rating of 3B plus any applicable surcharges. 2 For this table, land disposal discharges are those discharges of waste to land that are regulated pursuant to Water Code Section 13263 that implement the requirements of CCR Title 27, Division 2, except Chapter 7, Subchapter 2, §22560-22565 (confined animal facilities). Examples include, but are not limited to, discharges associated with active and closed landfills, waste piles, surface impoundments, and mines. 3 For this table, Not Paying a Tipping Fee are those land disposal dischargers not subject to Public Resources Code (PRC) §48000 et seq. " For this table, Paying a Tipping Fee are those land disposal dischargers subject to PRC §48000 et seq. 5 A surcharge of $12,000 will be added for Class I landfills. Class I landfills are those that, during the time they are, or were, in operation, are so classified by the Regional Board under 23 CCR Chapter 15, have WDRs that allow (or, for closed units, allowed) them to receive hazardous waste, and have a permit issued by the Department of Toxic Substances Control under 22 CCR Chapter 10, §66270.1 et seq. 2011-12 Fee Schedules 2 C $7,447 $12,494 $10,834 3 A $5,868 $8,329 $7,223 3 B $3,125 $6,247 $5,416 3 C $1,389 $2,776 $2,408 (1) Threat to water quality (TTWQ)6 and complexity (CPLX) of the discharge is assigned by the Regional Board in accordance with the following definitions: THREAT TO WATER QUALITY Category "1" — Those discharges of waste that could cause the long-term loss of a designated beneficial use of the receiving water. Examples of long-term loss of a beneficial use include the loss of drinking water supply, the closure of an area used for water contact recreation, or the posting of an area used for spawning or growth of aquatic resources, including shellfish and migratory fish. Category "2" — Those discharges of waste that could impair the designated beneficial uses of the receiving water, cause short-term violations of water quality objectives, cause secondary drinking water standards to be violated, or cause a nuisance. Category "3" — Those discharges of waste that could degrade water quality without violating water quality objectives, or could cause a minor impairment of designated beneficial uses as compared with Category 1 and Category 2. COMPLEXITY Category "A" — Any discharge of toxic wastes; any small volume discharge containing toxic waste; any facility having numerous discharge points and groundwater monitoring; or any Class 1 waste management unit. Category "B" — Any discharger not included in Category A that has physical, chemical, or biological treatment systems (except for septic systems with subsurface disposal), or any Class 2 or Class 3 waste management units. Category "C" — Any discharger for which waste discharge requirements have been prescribed pursuant to Section 13263 of the Water Code not included in Category A or Category B as described above. Included are dischargers having no waste treatment systems or that must comply with best management practices, dischargers having passive treatment and disposal systems, or dischargers having waste storage systems with land disposal. (2) For dischargers covered under Statewide General WDRs for Sanitary Sewer Systems (Order No. 2006-0003-DWQ), the TTWQ and CPLX designations are assigned based on the population served by the sanitary sewer system. The table below describes the correlation between population served and TTWQ and CPLX designations to determine the appropriate annual fee: 6 In assigning a category for TTWQ, a regional board should consider duration, frequency, seasonality, and other factors that might limit the impact of the discharge. 2 • 0 2011-12 Fee Schedules Population Served' Threat and Complexity Designation Less than 50,000 3C 50,000 or more 2C (3) The fees for discharges of dredge and fill material shall be as follows, not to exceed $59,000, plus applicable surcharge(s).8 Type of Discharge Fees (A) Fill & Excavation Discharges. $944 Base Price + (Discharge Size of the discharge area expressed in acres to two decimals (0.01 acre) area in acres x $4,059) 436 square feet rounded up. (B) Dredging Discharges $944 Base Price + (Dredge Dredge volume expressed in cubic yards. volume in cubic yards x $0.150 (C) Dredging Discharges (Sand Mining). $1,776 Aggregate extraction in marine waters where source material is free of pollutants and the dredging operation will not violate any basin plan provisions. (D) Channel and Shoreline Discharges $944 Base Price + (Discharge Includes linear discharges to drainage features and shorelines, e.g., bank length in feet x $9.44) stabilization, revetment and channelization projects. (Note): The fee for channel and shoreline linear discharges will be assessed under the "Fill and Excavation" or "Channel and Shoreline" schedules, whichever results in the higher fee. (E) Discharges to Non-federal (e.g. "Isolated") Waters. Double the applicable fee Discharges to waters or portions of waterbodies not regulated as "waters of the schedules except for (G) United States," including waters determined to be "isolated" pursuant to the restoration projects findings of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers 2001 121 S. Ct. 675. Assumes 2.5 persons per equivalent dwelling unit (EDU). 8 i.' For "excavation" the area of the discharge is the area of excavation; if the excavated material is then discharged to waters, . an additional "fill" fee will be assessed. ii. When a single project includes multiple discharges within a single dredge and fill fee category, the fee for that category shall be assessed based on the total area, volume, or length of discharge (as applicable) of the multiple discharges. When a single project includes discharges that are assessed under multiple fee categories, the total fee shall be the sum of the fees assessed under each applicable fee category; however a $738 base fee, if required, shall be charged only once. iii. Fees shall be based on the largest discharge size specified in the original or revised report of waste discharge or Clean Water Act (CWA) Section 401 water quality certification application, or as reduced by the applicant without any State Board or Regional Board intervention. iv. If water quality certification is issued in conjunction with dredge or fill WDRs or is issued for a discharge regulated under such preexisting WDRs, the current annual WDR fee as derived from this dredge and fill fee schedule shall be paid in advance during the application for water quality certification, and shall comprise the fee for water quality certification. v. Discharges requiring water quality certification and regulated under a federal permit or license other than a US Army Corps of Engineers CWA Section 404 permit or a Federal Energy Regulatory Commission License shall be assessed a fee determined from CCR 23, Section 2200(a). 9 "Excavation" refers to moving sediment or soil in shallow waters or under no -flow conditions where impacts to beneficial uses are best described by the area of the discharge. It typically is done for purposes other than navigation. Examples include trenching for utility lines, other earthwork preliminary to construction, and removing sediment to increase channel capacity. 10 "Dredging" generally refers to removing sediment in deeper water to increase depth. The impacts to beneficial uses are best described by the volume of the discharge and typically occur to facilitate navigation. For fee purposes it also includes aggregate. extraction within stream channels where the substrate is composed of course sediment (e.g., gravel) and is reshaped by normal winter flows (e.g., point bars), where natural flood disturbance precludes establishment of significant riparian vegetation, and where extraction timing, location and volume will not cause changes in channel structure (except as required by regulatory agencies for habitat improvement) or impair the ability of the channel to support beneficial uses. 2011-12 Fee Schedules (F) Low Impact Discharges. $944 Flat Fee Projects may be classified as low impact discharges if they meet all of the following criteria: 1. The discharge size is less than all of the following: (a) for fill, 0.1 acre, and 200 linear feet, and (b) for dredging, 25 cubic yards. 2. The discharger demonstrates that: (a) all practicable measures will be taken to avoid impacts; (b) where unavoidable temporary impacts take place, waters and vegetation will be restored to pre -project conditions as quickly as practicable; and (c) where unavoidable permanent impacts take place, there will be no net loss of wetland, riparian area, or headwater functions, including onsite habitat, habitat connectivity, floodwater retention, and pollutant removal. 3. The discharge will not do any of the following: (a) directly or indirectly destabilize a bed of a receiving water; (b) contribute to significant . cumulative effects; (c) cause pollution, contamination, or nuisance; (d) adversely affect candidate, threatened, or endangered species; (e) degrade water quality or beneficial uses; (f) be toxic; or (g) include "hazardous" or "designated" material. 4. Discharge is to a water body regulated as "Waters of the United States." (G) Restoration Projects. $944 Flat Fee Projects undertaken for the sole purpose of restoring or enhancing the beneficial uses of water. This schedule does not apply to projects required under a regulatory mandate or to projects that include a non -restorative component, e.g., land development, property protection, or flood management. (H) General Orders. $114 Flat Fee Projects which are required to submit notification of a proposed discharge to the State and/or Regional Board pursuant to a general water quality certification permitting discharges authorized by a federal general permit or license, (e.g., a U.S. Army Corps of Engineers nationwide permit). Applies ONLY if general water quality certification was previously granted. (1) Amended Orders Amendments of WDR's or water quality certifications previously issued for one- time discharges not subject to annual billings. (a) Minor project changes, not requiring technical analysis and involving (a) No fee required only minimal processing time. (b) Changes to projects eligible for flat fees (fee categories C, F, G, and H) (b) Appropriate flat fee where technical analysis is needed to assure continuing eligibility for flat fee and that beneficial uses are still protected. (c) Project changes not involving an increased discharge amount, but (c) $944 flat fee requiring some technical analysis to assure that beneficial uses are still (d) Additional fee assessed per protected and that original conditions are still valid, or need to be increased amount of modified. discharge(s) per Section (d) Project changes involving an increased discharge amount and requiring 2200 (a)(3) (plus $944 base some technical analysis to assure that beneficial uses are still protected price) and that original conditions are still valid, or need to be modified. (e) New fee assessed per (e) Major project changes requiring an essentially new analysis and re- Section 2200 (a)(3) issuance of WDR's or water quality certification. (b) The annual fees for persons issued NPDES permits shall be based on the following schedules, plus applicable surcharge(s). (1) Each public entity that owns and/or operates a storm water conveyance system, or part of such a system, that is subject to a NPDES permit for storm water discharges from a municipal separate storm sewer system (MS4) shall pay an annual fee according to the following schedule, plus applicable surcharge(s). The fee shall be based on the population of the public entity according to the most recently published United States Census. For public entities other than cities or counties, the population figure shall be the number of people using the entity's '1 F7; 2011-12 Fee Schedules facilities on a daily basis. Flood control districts or other special districts named as co - permittees to MS4 permits and school districts, serving students between kindergarten and fourteenth grade, shall not pay an annual fee if the city or county within whose jurisdiction the district lies, pays an annual fee. ANNUAL FEE SCHEDULE FOR AREAWIDE MUNICIPAL STORM WATER SEWER SYSTEM PERMITS AND CO -PERMITTEES Population equal to or greater than 250,000 $40,103 Population between 200,000 and 249,999 $35,090 Population between 150,000 and 199,999 $30,277 Population between 100,000 and 149,999 $25,065 Population between 75,000 and 99,999 $20,052 Population between 50,000 and 74,999 $15,038 Population between 25,000 and 49,999 $10,026 Population between 10,000 and 24,999 $6,016 Population between 1,000 and 9,999 $4,010 Less than 1,000 population $2,006 Statewide Permit Holders $160,412 (2) Any entity or entities submitting a watershed improvement plan to the Regional Board for review pursuant to Section 16102 of the Water Code shall reimburse the Regional Board for its costs" to review and oversee the implementation of the plan, which shall be calculated using a rate of $150.00 per hour. (3) Facilities that discharge storm water associated with industrial activities that are regulated by a State Board or Regional Board general NPDES storm water permit, shall pay an annual fee of $1,123, plus applicable surcharge(s). An amount equal to the fee prescribed shall be submitted with the discharger's Notice of Intent (NOI) to be regulated under a general NPDES permit and will serve as the first annual fee. For the purposes of this section, an NOI is considered to be a report of waste discharge. (4)(A) Storm water discharges associated with construction activities that are regulated by a general NPDES storm water permit other than those covered under (b)(5), including those issued by a Regional Board, shall pay an annual fee of $321 plus $32 per acre (rounded to the nearest whole acre and dollar amount), to a maximum fee of $3,529, plus any applicable - surcharge, based on the total acreage to be disturbed during the life of the project as listed on' the NOI. An amount equal to the fee prescribed shall be submitted with the discharger's N01 -to be regulated under a general NPDES permit and will serve as the first annual fee. For the purposes of this section, an NOI is considered to be a report of waste discharge. " These costs include labor, State Board and Regional Board administrative costs, and overhead costs. 5 2011-12 Fee Schedules (B) Dischargers applying for the Small Construction Rainfall Erosivity Waiver of a General Permit to Discharge Storm Water Associated with Construction Activity issued by the State Water Board shall pay an application fee of $200, plus any applicable surcharge(s). (5) Storm water discharges associated with small linear underground and overhead construction projects, that include but are not limited to, any conveyance, pipe or pipeline for the distribution of any gaseous liquid (including water for domestic municipal services or wastewater), liquescent, or slurry substance; any cable line or wire for the transmission of electrical energy; and any cable line or wire for communications, that are regulated by a general NPDES storm water permit are subject to the following annual fees, plus applicable surcharge(s): Tier I: $8,021 for each region in which activities subject to the permit are conducted, or Tier 11: A fee as prescribed by (b)(4)(A), based on the area covered by the project. (6) Discharges associated with mosquito and vector control activities 12 that are regulated by an individual or general NPDES permit adopted specifically for these purposes, including those issued by a Regional Board, shall pay a fee of $183. Dischargers filing an application for a mosquito and vector control permit shall pay a fee of $183. The fee shall be paid each time an application for initial certification or renewal is submitted. Mosquito and vector control fees are not subject to ambient water monitoring surcharges. (7) All other NPDES permitted discharges, except as provided in (b)(8), (b)(9), and (c), shall pay a fee according to the following formula: Fee equals $1,606 plus 2,840 multiplied by the permitted flow, in mgd, with a maximum fee of $401,568 plus any applicable surcharge(s). If there is no permitted effluent flow specified, the fee shall be based on the design flow of the facility. NPDES permitted industrial discharges 13 with a threat/complexity14 rating of 1A, 1B, or 1C are subject to a surcharge as follows: Threat / Complexity Rating 1A -'$15,000 Threat / Complexity Rating 1 B - $10,000 Threat / Complexity Rating 1 C - $5,000 Public wastewater treatment facilities with approved pretreatment programs are subject to a surcharge of $10,000. Agencies with multiple facilities under one approved pretreatment program shall pay a $10,000 surcharge per program. 'Z A mosquito and vector control activity involved discharge of pesticides into a designated area for the maintenance. and control of mosquito larvae for the protection of public health from the outbreak of lethal diseases. A mosquito and vector control agency discharges pesticides into surface waters for the control of mosquito larva. 13 NPDES permitted industrial discharger(s) means those industries identified in the Standard Industrial Classification Manual, Bureau of Budget, 1967, as amended and supplemented, under the category "Division D -Manufacturing' and such other classes of significant waste producers as, by regulation, the U.S. EPA Administrator deems appropriate. (33 USC Sec. 1362). 14 Threat/complexity categories are listed under (a)(1) of this document. N i 2011-12 Fee Schedules (8)(A) Flow for wet weather municipal facilities15 will be based on the previous five years' actual monthly average flow16, as of the date the permit is issued. (B) Notwithstanding (8)(A), the minimum annual fee for wet weather municipal facilities shall be $20,000. (9) All other general NPDES permits and de minimis discharges 17 that are regulated by an individual or general NPDES permit, including those issued by a Regional Board, shall pay a fee as follows, plus applicable surcharge(s): Category 1 - Discharges that require treatment systems to meet priority toxic pollutant limits and that could impair beneficial uses if limits are violated: $9,252. Category 2 - Discharges that require treatment.systems to meet non-priority pollutant limits, but are not expected to impair beneficial uses if limits are violated. Examples of non- priority pollutants include, but are not limited to, nutrients, inorganic compounds, pH, and temperature: $5,590. Category 3 - Discharges that require minimal or no treatment systems to meet limits and pose no significant threat to water quality: $1,606. 15 Wet weather municipal facilities are intermittently operated facilities that are designed specifically to handle flows during wet weather conditions. 16 The actual monthly average flow is defined as the average of the flows during each of the months that the discharge occurred during the previous five-year period. 17 De minimis discharge activities include, but are not limited to, the following: aquaculture activities (as defined in Chapter 40, Section 122.25(b) of the Code of Federal Regulations) defined as managed water areas that use discharges of pollutants into that designated area for maintenance or reproduction of harvestable freshwater, estuarine, or marine plants or animals including fish hatcheries; geothermal facilities that utilize, extract, or produce energy from geothermal fluids for heating, generating power, or ,other beneficial uses, and discharge geothermal fluids to surface waters; aquatic pesticide applications; evaporative condensate; swimming and landscape pool drainage; discharges from fire hydrant testing or flushing; discharges resulting from construction dewatering; discharges associated with supply well installation, development, test pumping, and purging; discharges resulting from the maintenance of uncontaminated water supply wells, pipelines, tanks, etc.; discharges resulting from hydrostatic testing of water supply vessels, pipelines, tanks, etc.; discharges resulting from the disinfection of water supply pipelines, tanks, reservoirs, etc.; discharges from water supply systems resulting from system failures, pressure releases,. etc.; discharges of non -contact cooling water, not including steam/electric power plants; discharges resulting from diverted stream flows; water treatment plant discharges; and other similar types of wastes that have low pollutant concentrations and are not likely to cause or have a reasonable potential to cause or contribute to an adverse impact on the beneficial uses of receiving waters yet technically must be regulated under an NPDES permit. 7 2011-12 Fee Schedules (c) The annual fees for discharges from confined animal facilities shall be based on'the following schedules, plus applicable surcharge(s). 8 Type of Facility Type Number of Animals Fee Cattle or Cow/Calf Pairs 100,000 or more $5,351 10,000 to 99,999 $2,675 5,000 to 9,999 " $1,427 1,000 to 4,999 $713 Less than 1,000 $357 Calves Goat Dairies 10,000 or more $5,351 5,000 to 9,999 $2,675 1,000 to 4,999 $1,427 300 to 999 $713 Less than 300 $357 " Heifers not at a dairy) 2,500 to 4,999 10,000 or more $5,351 5,000 to 9,999 $2,675 1,000 to 4,999 $1,427- 300 to 999 $713 Less than 300 $357 Finishing Yards/Auction Yards 1,000 or more $1,427 300 to 999 $713 Less than 300 $357 8 -11 DAIRIES MIRRA ��-� Type of Facility Number of Animals Fee Mature Dai Cattle 3,000 or more $7,134 .1,500 to 2,999 $4,459 700 to 1,499 $2,140 300 to 699 $1,070 Less than 300 $535 Goat Dairies 1,000 or more $713 Less than 1,000 $357 HOGS Swine > 55pounds) 5,000 or more $2,675 2,500 to 4,999 $1,427 750 to 2,499 $713 Less than 750 $357 Swine < 55pounds) '20,000 or more $2,675 10,000 to 19,999 $1,427 3,000 to 9,.999 $713 Less than 3,000 $357 OTHER Horses 500. or more $1,427 150 to 499 $713 Less than 150 $357 Sheep or Lambs 10,000 or more $1,427 3,000 to 9,999 $713 Less than 3,000 $357 8 2011-12 Fee Schedules (1) Facilities that are certified under a Quality Assurance Program approved by the State Board ; or under a County regulatory program approved by the appropriate Regional Board, will receive a 50 percent fee reduction. Any facility that is issued a notice of violation by a Regional Board for an off -property discharge shall not be eligible to receive this fee reduction for a minimum of, one billing cycle, and for all subsequent billing cycles until recertification and all corrective ' actions are complete as determined by the Regional Board. f _ (2) Facilities that pose no potential to discharge, as determined by a Regional Board, shall pay a fee of $357. The fee shall be paid each time an application for initial certification or renewal is submitted and shall not be subject to ambient water monitoring surcharges. Number of Animals On -Site Discharge Fee Off -Site Discharge Fee • Layers or Broilers (liquid manures stem 120,000 or more $3,567 $1,249 . 60,000 to 119,999 $1,784 $892 30,000 to 59,999 $1,338 $624 9,000 to 29,999 $713 $357 Less than 9,000 $357 $0 Non -layers other than liquid manures stem 500,000 of more $3,567 $1,249 250,000 to 499,999 $1,784 $892 125,000 to 249,999 $1,338 $624 37,500 to 124,999 $713 $357 . Less than 37,500 $357 $0 Layers other than liquid manures stem 350,000 or more $3,567 $1,249 165,000 to 349,999 $1,784 $892 ' 82,000 to 164,999 $1,338 $624 25,000 to 81,999 $713 $357 Less than 25,000 $357 $0 Ducks other than liquid manures stem 120,000 or more $3,567 $1,249 60,000 to 119,999 $1,784 $892 30,000 to 59,999 $1,338 $624 10,000 to 29,999 $713 $357 Less than 10,000 $357 $0 Ducks (liquid manure s stem 20,000 or more $1,784 5,000 to 19,999 $1,338 1,500 to 4,999 $713 Less than 1,500 $357 Turkeys 200,000 or more $3,567 $1,249 100,000 to 199,999 $1,784 $892 55,000 to 99,999 $1,338 $624 16,500 to 54,999 $713 $357 Less than 16,500 $357 $0 (1) Facilities that are certified under a Quality Assurance Program approved by the State Board ; or under a County regulatory program approved by the appropriate Regional Board, will receive a 50 percent fee reduction. Any facility that is issued a notice of violation by a Regional Board for an off -property discharge shall not be eligible to receive this fee reduction for a minimum of, one billing cycle, and for all subsequent billing cycles until recertification and all corrective ' actions are complete as determined by the Regional Board. f _ (2) Facilities that pose no potential to discharge, as determined by a Regional Board, shall pay a fee of $357. The fee shall be paid each time an application for initial certification or renewal is submitted and shall not be subject to ambient water monitoring surcharges. 0 • 2011-12 Fee Schedules (3) Facilities that are required to submit a report of waste discharge (ROWD) while the facility is under construction and remains so subsequent to the billing cycle will have the annual fee waived until the facility is in operation and animals are present at the facility. (4) Facility closures that are required to maintain a permit until all requirements are met shall continue to be assessed a fee based at the same rate as when the facility was in operation. Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 of the Water Code. Section 2200.1 The State Board shall notify each discharger annually of the fee to be submitted, the basis upon which the fee was calculated, and the date upon which the fee is due. Section 2200.2 Persons proposing a new discharge shall submit to the State Board or Regional Board a report of waste discharge. Unless specifically instructed otherwise by the State Board, a fee equal in amount to the annual fee based on the fee schedules in Section 2200 shall be submitted with the discharger's report of waste discharge. This fee shall serve as the first annual fee. If the submittal of this first annual fee does not coincide with the current fiscal year -billing cycle, then the next, and only the next, fiscal year billing shall be adjusted to account for the payment of a full annual fee that accompanied the discharger's report of waste discharge. Persons proposing a material change in an existing discharge are not required to submit a fee with the report of waste discharge. Section 2200.3 Failure to pay the annual fee is a misdemeanor and will result in the State Board or Regional Board seeking the collection of fees through the enforcement provisions_ provided pursuant to Water Code Section 13261. Section 2200.4 Any refund made pursuant to Water Code Section 13260(e) or for any other reason, shall withhold sufficient funds to cover actual staff time spent in reviewing the report of waste discharge, which shall be calculated using a rate of $100.00 per hour. Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13260 of the Water Code. Section 2200.5. No Exposure Certification Dischargers filing an application for a No Exposure. Certification (NEC) shall pay a fee of $242 for each facility for which an application is submitted, as prescribed in a general industrial storm 10 a c. 2011-12 Fee Schedules water permit. The fee shall be paid each time an application for initial certification or renewal is submitted. NEC fees are not subject to ambient water monitoring surcharges. Note: Authority cited: Sections 185 and 1058of the Water Code. Reference: Section 13260.2 of the Water Section 2200.6. Annual Agricultural and Irrigated Lands Fee Schedule No ambient water monitoring surcharge -shall apply to annual fees specified in this section. (a) Annual fees for waste discharge requirements and waivers of waste discharge requirements for discharges from agricultural lands', including irrigated lands, shall be as follows: (1) Tier I: If a discharger is a member of a group that has been approved by the State Board to manage fee collection and payment, then the fee shall be $100 per group plus $0.56 per acre of land. (2) Tier II: If a discharger is a member of a group that has been approved by the State Board but that does not manage fee collection and payment, then the fee shall be $100 per farm plus $0.94 per acre of land. .(3)(A) Tier III: If a discharger is not a member of a group that has been approved by the State Board, the following fee schedule applies: Acres Fee Rate Min Fee Max Fee 0-10 $300 + $10/Acre $300 $400 11-100 $750 + $5/Acre $805 $1,250 101-500 $2,000 + $2.5/Acre $2,253 $3,250 501 or More $4,000 + $2/Acre $5,002 $6,500 (b) Upon approval.by the Regional Board to join a group subject to waste discharge requirements or waivers of waste discharge requirements for discharges from agricultural lands, including irrigated lands, the discharger shall submit to the State Water Board an application fee, unless such fee is not required by the Regional Board. The application fee is a one-time fee of $200 for dischargers that have received a California Water Code §13267 Order and $50 for all other dischargers. This application fee shall not apply to dischargers who were members of a group on or before June 30, 2008. (c) For purposes of this section, the words "agricultural lands," "irrigated lands," "farm," and "discharger" have the meaning contained in the applicable Regional Board or State Board waste discharge requirements or waiver of waste discharge requirements for discharges from agricultural lands, including irrigated lands. ' As used in this section, the acreage on which the fee is based refers to the area that has been irrigated by the farmer or discharger at any time in the previous five years. Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13269 of the Water Code. 11 2011-12 Fee Schedules 2200.7 Annual Fee Schedule for Waivers of Waste Discharge Requirements (a) Any person for whom waste discharge requirements have been waived pursuant to Section 13269 of the Water Code shall submit an annual fee to the State Board if a fee is specified for the waiver in this section. No ambient water monitoring surcharge shall apply to annual fee`s specified in this section. (b) [reserved] , Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Section 13269 of the Water Code. 12