HomeMy WebLinkAbout13-030Resolution No. 13-030
A RE50LUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
MAKING FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE IMPACTS; ADOPTING A MITIGATION
MONITORING AND RI=PORTING PROGRAM; AND DENYING THE APPEAL AND APPROVING USE PERMIT
UP10-0003 [HELENA CHEMICAL) WITH FINDINGS AND CONDITIONS OF APPROVAL
WHEREAS, the Planning Commission considered Use Permit UP10-0003 for Helena Chemical, in
accordance with Section 24-45 et seq. of the Butte County Code on Assessor's Parcel Number 03&260-
013; and
WHEREAS, duly noticed public hearings before the Planning Commission were held on June 14, 2012,
October 11, 2012, and November 8, 2012; and
WHEREAS, an appeal of the Planning Commission's November 8, 2012 decision to certify the Final
Environmental Impact Report (FEIR) far Use Permit UP10-0003 in accordance with the California
Environmental Quality Act (CEC~A] and approve said Use Permit with findings and conditions of approval
was filed as provided by Section 24-45.30 of the Butte County Code; and
WHEREAS, the Board of Supervisors considered Use Permit UP10-0003 for Helena Chemical at a duly
noticed de novo public hearing in accordance with Section 24-45 et seq. of the Butte County Code on
January 29, 2013; and
WHEREAS, on June 14, 2012 the Planning Commission. received public comment on the Draft
Environmental Impact Report ~DEIR, State Clearinghouse No 2011092061), an October 11, 2012
conducted a public hearing on the project and directed that resolutions for approval of the project be
prepared, and an November 8, 2012 adapted a resolution certifying the Final Environmental Impact
Report (FEIR) for Use Permit UP10-0003 in accordance with the California Environmental Quality Act;
and
WHEREAS, at the close of the January 29, 2013 public hearing, the Board of Supervisors adopted a
motion of intent to certify the Final EIR and make environmental findings in accordance with the
California Environmental Quality Act and to deny the appeal and approve Use Permit UP10-0003 for the
Helena Chemical Nelson Terminal with findings and conditions of approval; and
WHEREAS, on February 26, 2013 the Board of Supervisors adopted a resolution certifying the Final
Environmental Impact Report (FEIR) for Use Permit UP10-0003 in accordance with the California
Environmental Quality Act; and
WHEREAS, in considering approval of the Helena Chemical Nelson Terminal Project (also referred to
herein as "Project") which is evaluated in the certified Final Environmental Impact Report for Helena
Chemical Nelson Terminal Project, CEQA Guidelines Section 15093 requires that, for any environmental
impact which remains individually significant after the imposition of feasible mitigation measures,
Statement of Overriding Considerations found as Exhibit C to this resolution must be adopted; and
WHEREAS, said application for UP10-0003 was re#erred to various affected public and private agencies,
County departments, and referral agencies for review and comments; and
WHEREAS, the Board of Supervisors has considered the Environmental Impact Report for the Butte
County General Plan, the Environmental impact Report for the Helena Chemical Nelson Terminal
Project, the administrative record established in the proceedings of the Planning Commission, public
comments and a report from the Planning Division; and
WHEREAS, for purposes of CECtA and the findings hereinafter set forth, the administrative record for the
Project consists of those items listed in Section 21167.5 (eJ of the Public Resources Code including but
not limited to:
a) All application materials and correspondence contained in the Lead Agency's Project files (1JP10-
0003, LLA11-0001, and ZCA11-0002);
b) The Project's Draft EIR;
c) The Project's Final EIR including responses to comments;
d) The EIR for the Butte County General Plan
e) All Notices of Availability, the Notice of Determination, staff reports and presentation materials
related to the Project;
f) All studies contained in, or referenced by, staff reports, the Draft EIR, or the Final EIR;
g) All public reports and documents related to the Project prepared for the County and other
agencies;
h~ All documentary and oral evidence received and reviewed at public hearings and workshops,
and all transcripts and minutes of those hearings related to the Project; and
i) For documentary and informational purposes, all locally-adopted land use plans and ordinances,
including, without limitation, general plans, area plans and ordinances, together with
environmental review documents, findings, mitigation monitoring programs and other
documentation relevant to planned growth in the area.
WHEREAS, the administrative record is maintained at the Butte County Department of Development
Services, 7 County Center Drive, Oroville, California, serving as the custodian of the record; and
WHEREAS, CECW Guidelines Section 15126.6 requires a discussion of a reasonable range of alternatives
to a project or to the location of the project which would feasibly attain most of the basic objectives of
the project but would avoid or substantially lessen any of the significant effects of the project. These
alternatives are discussed in the Draft EIR Chapter 6.0, Alternatives; and
WHEREAS, the Board of Supervisors has considered the alternatives evaluated in Draft EIR Section 6.0,
Alternatives and the resolution adopted to certify the Final EIR; and
WHEREAS, pursuant to CEO,A Guidelines Section 15126.6(e)(2), 5ectian fi.4 of the Draft EIR identified the
environmentally superior alternative as the No Project/Baseline Condition Alternative, and Alternative 4
as a second environmentally superior alternative.
Page 2 of 9
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors hereby:
Finds that collection of fees pursuant to Fish and Game Code Section 713..4 is required, prior to
filing a Notice of Determination for the project, unless the project proponent provides
verification from the California Department of Fish and Game that the project is exempt from
the fee requirement. if the required fee is not paid for the project, the project will not be
operative, vested ar final and any local permits issued for the project will be invalid (Section
711.4 (c}(3}}•
II. Pursuant to CEQA Guidelines Section 15093, finds that specific economic, legal, social,
technological, or other benefits of the Project outweigh the Project's acknowledged
environmental consequences. As such, the Statement of Overriding Considerations found as
Exhibit C to this resolution is hereby adop#ed. The Board of Supervisors hereby finds and
declares, based upon substantial evidence in the entire record, that specific economic, legal,
social, technological or other benefits of the Helena Chemical Nelson Terminal Project outweigh
the Project's acknowledged environmental impacts.
III. Finds that, consistent with CEQA Guidelines Section 15126.6, although Alternative 4 is identified
as an environmenta!!y superior alternative in the Draft EIR, Alternative 4 is not a preferred site
location to the Nelson Terminal for a variety of reasons, as discussed in the resolution of January
29, 2013 adopting and certifying the Final EIR for the Project. Alternative 4 is not a preferred
site location due primarily to inefficiencies in distribution of products and reasonably
anticipated traffic impacts associated with turn movements onto and off of Highway 99 at West
Liberty Rd. with Alternative 4. The CEC~A resolution for the project contains additional findings
of fact in support of rejecting Alternative 4 as the preferred alternative. The original site
proposed by the applicant, in Nelson California, is selected as the recommended project
location.
IV. Finds Use Permit UP10-0003 to be substantially consistent with applicable Goals and Policies of
the Butte County General Plan based on the review provided in the Final EIR. The Project
substantially conforms with General Pian goals and polices as analyzed and discussed in Chapter
4.3 Air Quality, Chapter 4.6 Land Use, Appendix F, and Project Consistency with Applicable
GP2030 Policies of the Draft EIR. In addition, the project is substantially consistent with the
following Goals and Policies of the Butte County General Plan:
A. Conservation and Open Space Policy COS-P5.4 states "Stationary air pollutant emission
sources, such as factories, shat! be located more than 500 feet and/or downwind from
residential areas and o#her sensitive receptors."
1. The project site was designated within the Butte County General Plan for Agricultural
Services uses, which conditionally allows land uses which may generate stationary air
pollutant emissions.
2. From a spatial perspective, the project does not comply with the provision in Policy COS-
P5.4 of not being, "located within 500 feet and downwind from this residential area."
However, relocation of the proposed facilities on the project site to achieve compliance
with Policy COS-P5.4 is not feasible. The proposed Helena Chemical facility would be
Page 3 of 9
considered a potential new source of toxic air pollutants, and prevailing winds are from
the south/southeast. The nearest residential "neighborhood" is approximately 250 feet
to the west, across the Midway road in the unincorporated community of Nelson. The
project is thus proposed to be located within 500 feet and upwind from this residential
area.
3. The project's non-compliance with the 500' distance specified in Policy COS-P5.4,
however, is not considered a significant air quality effect because additional air quality
analysis by RME Risk Management & Engineering, Ltd. see Appendix E1 of the Draft EIR)
indicates no significant air effects will result from the project, and the overarching goal
of Policy CO5-P5.4 (Goal COS-5 Minimize air pollutant emissions) will be met.
4. As discussed in Section 4.5 Hazards and Hazardous Materials, the quantities of toxic air
pollutants are less than significant, both in the context of County-wide impacts and also
regulatory standards. Significant on-site, or "stationary source," emissions from
operation are not anticipated from this facility and it is thus not considered a stationary
air pollutant emission source.
5. The 500-foot separation required in Policy COS-P5.4 can be described as a "buffer". The
BCAQMD does not require setback buffers as part of its permitting process, and it did
not recommend any setbacks in the County's early consulta#ion with Butte County Air
Quality Management District (BCAQMD) regarding the proposed project.
Correspondence received stated "please note that the District (BCAQMD) has only an
advisory role regarding land use buffer zones. The District does not require buffers as
part of our permitting process" (Armen Kamian 07/29/2011 e-mail).
fi. For these reasons, approval of Use Permit UP10-0003 and the proposed Helena
Chemical Nelson Terminal is considered generally consistent with Policy COS-P5.4.
B. An Offsite Consequence Analysis COCA) is a study conducted to determine the probable
migration pattern of a release of a chemical regulated by the California Accidental Release
Program under specified conditions; an OCA was prepared for the Project. Based upon the
OCA and Program 1 status, regulated substances stared at the facility should pose a low risk
to the "public" or "public receptors" as defined in CCR Title 19 section 2735.3. (EIR page
4.3-27)
1. Conditions considered include variables such as wind speed/atmospheric stability class,
ambient temperature/humidity, height of release, surface roughness, dense or neutrally
buoyant gases, and temperature of release substance.
2. The OCA is intended to calculate the area most probably impacted by a potential release
to specified levels, the Toxic Endpoint in this case.
3. The OCA is a requirement of the Risk Management Plan (RMP), also known as the
Business Plan, which Helena Chemical, submitted to the local CUPA (Butte County
Division of Environmental Health) on November 23, 2011. It is also used to determine
the Program Level in CaIARP law.
Page 4 of 9
4. Butte County contracted with Oscar Larson & Associates (OLA) to perForm a technical
review of the OCA and RMP.
5. The result of these reviews confirmed the results of the OCA analysis, that the proposed
Nelson Terminal project meets the regulatory criteria for a Program Level 1 facility.
6. For these reasons, approval of Use Permit UP10-0003 and the proposed Helena
Chemical Nelson Terminal is considered generally consistent with Health & Safety
Element Goal H5-14 Reduce risks from the harmful effects of hazardous materials.
C. Project design features, including indoor storage and re-packaging of materials, and
Conservation Measures and Mitigation Measures contained in Exhibit B, have been
incorporated into the project to help ensure the Project will not impair the integrity and
stability of the existing residential neighborhood of Nelson. This is consistent with Land Use
Element Policy LU-P1.3 The County shall minimize potential conflicts between agricultural
and urban uses.
B. With regard to agricultural resources, this project will provide expanded service to Butte
County agricultural producers throughout the County. As discussed in Chapter 4.2
Agricultural Resources of this EIR, to the greatest extent possible, this project has avoided
potential impacts to off-site agricultural resources. This is consistent with Land Use Element
Policy LU-P1.1 the County shall protect and conserve land that is used for agricultural
purposes, including cropland and grazing land.
V. Finds that the November 6, 2012 adoption of the comprehensive update to the Butte County
Zoning Ordinance (Title 24 of Butte County Code, Ordinance No. 4050) is substantially consistent
with the applicant's request to adopt Zoning Code Amendment ZCA11-0002 to allow Agricultural
Support Services on the proposed site, subject to approval of a Conditional Use Permit.
VI. Approves the Use Permit UP10-0003 for Helena Chemical Company to develop a regional
agricultural fertilizers and pesticides storage .and distribution facility on ±~10 acres of the +26.5-
acre parcel APN 038-260-013, subject to Conditions of Approval found in Exhibit A, Use Permit
with Conditions of Approval and Exhibit B, Mitigation Monitoring and Reporting Program.
A. The proposed location, size, design, and operating characteristics of the proposed use are in
accordance with the purpose of the Butte County General Plan, the zoning district in which
the site is located, and the development policies and standards of the County:
1. Section 4.1 Aesthetics of the Draft EIR concluded that the project will have a less than
significant impact on aesthetic resources. Regarding the project's potential to
substantially degrade the existing visual character or quality of the site and its
surroundings, the following findings were identified in the Draft EIR analysis (pages 4.1-
34and 4.1-35):
a. Development of the project on ten acres of currently undeveloped agricultural land
would result in a substantial change to the visual character of the site and its
immediate area, as perceived by some residents.
Page 5 of 9
b. The visual impacts from activities proposed at the Helena facility are similar to the
visual character of agricultural activities in the existing area. Existing activities
causing visual impacts include the opera#ion of heavy machinery, the presence of
train and truck traffic, the generation of agricultural dust, and the aerial application
of agricultural chemicals on the seasonal rice farming operations.
c. The uses and structures proposed by the project are consistent with anticipated
land uses under the Agriculture Services land use designation far the site.
d. The size, form, massing, and materials of the structures proposed by the project are
similar to those of common agricultural buildings [barns, warehouses, grain
elevators, silos, etc.) which could be developed as-of-right under the Butte County
Zoning Code on agricultural property in and around the community of Nelson.
e. The Agriculture Services land use designation allows far a maximum Floor Area Ratio
(FAR) of 0.8. On the 26.5 acre project parcel, this would mean an allowable
#ootprint developed with structures of 21.2 acres. The proposed project has an
actual FAR of 0.38, less #han one-half of the allowable FAR.
f. Scenic views are one of many components of community visual character. The
"before-project" and "after-project" photo simulations generally indicate that the
project's overall effect on the visual environment of Nelson, for the community in
general and for people traveling the public rights-of-way, is likely to be nominal, due
to the presence of existing visual obstructions including the UPRR berm and existing
trees, the wide expanse of other scenic vistas which will remain visible, and the
momentary and fleeting effect of visual impacts upon motorists.
g. The physical distance, UPRR berm, and Midway tree plantings between most of the
existing residential uses in Nelson and the proposed facility will help to decrease the
likelihood ofaesthetics-related land use conflicts.
h. None of the other existing aesthetic/visual resources described above that make up
the existing visual character of the community of Nelson will be significantly
changed or affected by the project.
2. Regarding the project's potential to harm the surrounding community, the following
findings were identified in Chapter 4.3 Air Quality and Chapter 4.5 Hazards and
Hazardous Materials of the graft EIR analysis:
a. Helena Chemical Company's operations policy and training, in compliance with
various levels of local, S#ate, and federal regulations are expected to avoid most al!
upset conditions. Facility design and Federal EPA requirements help ensure that
truck loading of materials at the Nelson Terminal facility has secondary containment
in place to avoid release to the environment in the event of an accidental spill while
at the Nelson terminal site.
b. Emissions of odorous chemicals were quantified and a conservative screening air
dispersion model (SCREENS) developed by USEPA was used to estimate the impacts
of the chemicals on the surrounding community. The resulting ambient air
concentrations were compared to the odor thresholds of the chemicals. None of
the maximum 1-hour ambient air concentrations exceeded the odor thresholds of
the chemicals (as shown in Tables 8, 11, and 14 of the RME report in Appendix E2).
Page 6 of 9
Thus, it is unlikely that the chemicals will be smelled by the surrounding community
because the ambient air concentrations will be less than the odor threshold of the
chemicals.
c. The Butte County Air Quality Management District (BCAQMD) confirms that the air
quality analysis provided in support of Helena's permit to construct permit
(administered by the BGAQMDj provides "sufficient information to quantify and
evaluate the source criteria pollutant emissions to ensure compliance with the
BCAQMD regulations," including Rule 430-State iVew Source Review. [DEIR page
4.3-23~
d. BCAQMD also evaluated toxic air pollutants against BCAQMD standards. District
staff has reviewed the information provided about toxic air contaminants that may
be emitted from the proposed facility and compared the available risk in#ormation
with the District's Toxic Health Risk Guidelines. Based on the emissions and
modeling performed, the project proposes a cumulative cancer risk of 0.31
theoretical lifetime increased incidence of cancer per million population, which is
less than the District cancer risk threshold of 1 theoretical lifetime increased
incidence of cancer per million population. The Total Non-Hazard Index which
evaluates potential chronic and acute effects from toxic air pollutant releases was
calculated to be 0.07, which is less than the District threshold of 1.0. Cancer risk is
defined by the U.S. Environmental Protection Agency (EPA 2005) as the probability
of contracting cancer over the course of a lifetime (assumed to be 70 years for the
purposes of risk characterization). This risk would be an excess cancer risk that is in
addition to any cancer risk borne by a person not exposed to these air taxics.
e. The population is already at some risk of cancer, as evidenced by cancer incidence
rates. The physical environment in many or most locations does not currently have
a zero cancer risk. The EPA standards for cancer risk as evaluated by BCAQMD is the
best available means of assessing whether the proposed project would result in a
significant cancer risk, or contribute to a significant cumulative cancer rate.
£ The nearest fire station is the Richvale Fire Station 71, located 3.8± miles south of
the site in the community of Richvale. Butte County Fire Department projects their
current response time at 46 minutes. Butte County Fire Department response
times from the Richvale station are adequate to serve this facility in the event of a
`typical' fire or other emergency response request as noted in section 4.14 Public
Services of the Initial Study (see Appendix A of the Draft EIR).
g. Anew water well, storage tank, and fire suppression pumping station is proposed
vn the north portion of the site to serve the domestic water and fire suppression
needs of the facility. Fire Hydrants will be provided throughout the facility in
compliance with Butte County Fire Department requirements.
h. The project will not create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions involving the release
of hazardous materials into the environment, with the incorporation of Mitigation
Measures MM 4.5-1 through 4.5-9. As described in Ghap#er 4.5 of the Draft EIR, the
Helena Terminal Project has been shown to comply with applicable federal, State,
and local regulations for the regulation of hazardous substances with the
incorporation of identified mitigation measures to reduce impacts to a less than
Page 7 of 9
significant level. Although the risk of upset and accident conditions involving the
release of hazardous materials into the environment cannot be completely
eliminated, it will be reduced to a manageable level and is Less Than Significant.
B. This project is consistent with the Agriculture Service {AS) General Plan land use designation
in that the AS-Designation adopted in GP2030 allows #or all agricultural uses described in
the agriculture designation as well as agriculture-related services that are complementary to
existing agricultural uses, including industrial uses such as processing facilities, commercial
uses such as agricultural equipment safes, and technologies that use agricultural byproducts.
C. Pursuant to Section 24-45.20, the Board of Supervisors in hearing and in considering this
application for a use permit has included such conditions as the Board deems reasonable
and necessary under the circumstances to preserve the integrity and character of the zone
in which the project is located and to secure the general purposes of the Butte County
zoning code and the Genera! Plan and to mitigate any environmental or potential
environmental impacts which may result from the approved use.
D. The design and improvements required of the proposed use are consistent with County
standards and policies provided all conditions of project approval are complied with.
E. The design and improvements of the project will not cause public health or safety problems.
Although uses on the project site will involve products such as fertilizers, pesticides, and
herbicides, the EIR for the Project concluded that the warehouse and distribution center
proposed would not cause health or safety concerns, with the provided mitigations.
F. The project site is not located within an earthquake fault zone, a 100-year flood zone, or an
Airport Compatibility Zone. Compliance with Butte County Code Chapter 26 will ensure
safety of structures and residents.
G. Approval of this project is not likely to be detrimental to the public health, safety, and
welfare provided the required conditions and mitigation measures are complied with.
H. With required Conditions of Approval and mitigation measures, the project is not likely #o
cause a significant impact to any residential areas adjacent to the project site or off-site
agricultural uses. The conversion of agricultural land on the project site to non-agricultural
use is consistent with the property's Agricultural Services land use designation in the Butte
County General Plan, the loss of agricultural land previously evaluated in the General Plan
Environmental Impact Report, and the loss of agricultural land identified in the
Environmental Impact Report for the Project.
I. The roads in the project area have the capacity to handle the vehicular traffic generated by
the project, based on the findings of a Traffic Assessment performed by KD Anderson &
Associates, located in Appendix J of the Final 1=1R.
1. Per Section 24-45.10 of the Butte County Zoning Code regarding Findings for the Granting
of a Use Permit, on the basis of the evidence submitted at the hearing, as analyzed in the
detailed discussions in the Draft EIR for the project, the proposed uses of the property will
not impair the integrity and character of the zone in which the land lies, and the use would
Page 8 of 9
not be unreasonably incompatible with, or injurious to, surrounding properties or
detrimental to the health and general welfare of the persons residing or working in the
neighborhood or to the general health, welfare and safety of the County.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 26th day of February by the following
vote:
AYES: Supervisors Kirk, Wahl, Lambert and Chair Connelly
NOES: Supervisor Teeter
ABSENT: None ~~
NOT VOTIN None
ATTEST:
By: ~.~.
Paul FIaF~, r of Ad , nistrative Officer ant
Clerk of the oard of Supervisors
Attachments:
Exhibit A, Use Permit with Conditions of Approval
Exhibit B, Mitigation Monitoring and Reporting Program
Exhibit C, Statement of Overriding Considerations
BILL CONNELLY, Chair
Butte County Board of Supervisors
Page 9 of 9
EXH)ESIT A
USE PERMIT
BUTTE COUNTY BOARD OF SUPERVISORS
DATE: (Certified Mail Rec.)
UPI 0-0003
PERMIT NO.
ASSESSOR'S PARCEL N0.038-260-013
T. DESCRIPTION OF APPROVED USE:
The approved uses allowed by this use permit are described in Chapter 3, Project Description, of
the certified Final Environmental Impact Report (FEIR). The overall use is to develop the
Nelson site as a regional storage and distribution facility for "crop production products"
{fertilizers and nutritionals) and "crop protection products" (herbicides, fungicides, and
insecticides). The facility will substantially comply with the Site Plan 12-2011 {overall site plan)
10145sp 3-7-2012.
II. MANDATORY PROJECT COMPONENTS:
Prior to occupying the site and beginning the approved use, the Permitee shall complete the
following:
1. Stainless steel herbicide storage tanks and steel bulk liquid fertilizer tanks will be
sun-ounded with tank containment structures capable of holding 150 percent of the
volume of the largest tank.
2. Anew water well, storage tank, and fire suppression pumping station will be built on the
site to adequately serve the water and fire suppression needs of the facility.
3. Two sewage holding tanks will be built to store effluent from the toilets; effluent shall be
periodically trucked away for disposal per County regulations.
4. The site will be equipped with strategically-placed fire hydrants per Butte County Fire
Department requirements.
5. The soil on the project site will all remain on the site. Approximately three {3') feet of
soil will be imported and placed over the roughly ten (10) acres of the site that will be
developed. In those areas where structures will be built, the existing soil will be treated
for stabilization to support the proposed structures. In addition, "engineered" fill {road
Use Pemtit UP10-0003 I-3elena Chemical Nelson Terminal, Board of Supervisors February 26, 2013
base, etc.} will be used to construct the foundational building pads for these structures, to
comply with the requirements of the geo-technical report prepared for this site.
b. The facility shall include spill containment structures/ basins) berms to catch leaks and
spills of hazardous liquids and chemicals under mobile equipment such as plastic totes,
trucks, tankers, and trailers. The spill containment berms will be concrete pads with
depressions adequate to achieve the required containment volume.
7. Anew storm water detention basin will be constructed to Butte County Public Works
standards to attenuate peak flows of storm water so that post-development runoff is
maintained at pre-development levels.
8. A truck scale will be constructed for the facility, on the west side of the Office, east of the
bulk fertilizer storage warehouse. This scale is intended primarily for use with Helena's
vehicles.
9. The an-site stormwater management system will be built to also serve a dual purpose as a
back-up, on-site materials spill containment system. The underground stormwater
conveyance pipes will be designed and built with gates to allow for tertiary storage
(8,500 gallons capacity) of spill overflow that is beyond the storage capacity of the
secondary tank containment structures. The 10-acre site will be paved to direct
stormwater into this stormwater system. As back-up contingency to this tertiary
stormwater pipe system, the gating of the stormwater conveyance pipes will allow for
overflow beyond the storage capacity of the stormwater conveyance pipes to be sent into
the on-site stormwater detention pond {85,000 gallons capacity). Should the spill
materials also exceed the storage capacity of the detention pond in an emergency, the east
side of the pond will be designed to overflow onto the eastern portion of the project site
prior to being released for downstream conveyance into the irrigation ditch that is
adjacent to Nelson Road.
i0. The facility entrance will be gated and the development will be bounded by a minimum
6-foot tall chain-link security fence. An entrance sign will provide 24-hour contact
information for the facility.
11. Site lighting will be installed on all sides of the structures in substantial compliance with
the Photometric Study provided on March 6, 2012.
12. One (1}Railroad Spur consisting of one (1) ladder track and two (2) body Tracks will be
built off of the existing Union Pacific Railroad mainline. The project's spur will be
designed to bald approximately sixteen rail cars. The rail spur facilities at the project are
for the sole use of Helena Chemical, far receiving and distributing agricultural chemical
products. The use of the rail spur for incoming and outgoing non-Helena cargo is
prohibited.
l3. The Permitee will plant trees not more than 25 feet apart at the trunks, along
approximately 540 feet of the southwest portion of the Nelson Road frontage on the site,
[Jse Permit 1JP10-0003 Helena Chemical Nelson Tenninal_ Board oE'Supervisors February 26, 2013 2
to visually screen the facility from the nearest residential uses to the south, substantially
consistent with 1~E1R Appendix D, Landscaping Flan. The irrigated planting will be
composed of at least 31 15-gallon trees of five varieties, 118 five-gallon shrubs of seven
varieties, and 49 additional one-gallon perennials. The species of trees will be selected to
mature to a height of 40 feet. The variety and planting distances will require approval by
the Director of Development Services.
14. Video surveillance will be installed in and around all of the buildings at the facility to the
satisfaction of the Butte County Sheriff
III. GENERAL REQUIREMENTS, CONDITIONS AND RESTRICTIONS:
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit constitutes cause for the revocation of said
permit in accordance with the procedures set forth in the Butte County Zoning
Ordinance, including Butte County Code Sec.''"~;~ 24-251..
2. Unless otherwise provided far in a special condition to this Use Permit, all
conditions must be completed prior to or concurrently with the establishment of
the granted use. The use granted by this permit must be established within two
years of the date of approval.
3. Minor changes may only be approved pursuant to Section 24-246 (C.) of Butte
County Code.
4. if any use for which a Use Permit has been granted is not established within two
years of the receipt of the Permit by the Permitee consistent with conditions of
approval herein, the Permit shall become null and void and reapplication pursuant
to Butte County Code Section 24-247 shall be required to establish the use
previously granted under the expired Permit unless, i0 days prior to the expiration
date, a request for a one year extension is submitted to the Zoning Administrator
pursuant to the requirements of Section 24-247 {C.} of Butte County Code.
5. The terms and conditions of this Use Permit shall run with the land and shall be
binding upon and to the benefit of the heirs, legal representatives, successors, and
assigns of the Permitee.
6. Neither the applicant, nor any agent nor representative of the applicant shall
intentionally omit or misrepresent any material fact in connection with the
application. Any alleged material misrepresentation shall constitute grounds far
the Director of Development Services to commence a revocation hearing, and, if
proven to exist, shall constitute sufficient grounds to revoke the Permit.
7. The Butte County Board of Supervisors hereby reserves ongoing jurisdiction over
this Use Permit. The ~ssten Board may, at its awn discretion, and
following a noticed public hearing, revoke this Use Permit, and/ar add additional
conditions of approval, or modify existing conditions of approval, upon receipt of
Use Permii UP ] 0-003 I{elena Chemical Nelson '!'enninal, 13aard of Supervisors February 26, 2013
written complaints or other evidence of adverse impacts upon surrounding
properties or the public health, safety or welfare.
S. One ear after the establishment of the use ranted b this ermit the
Director of Develo meet Services shall schedule a ublic hearin before the
Board of Supervisors to review compliance with conditions of approval and
any traffic issues on the Midway and Nelson Road which are a result this Use
Permit_
IV. CONDITIONS OF APPROVAL:
Plannin Division De artment of Develo meat Setwices:
Per Section 21081.6 of the California Public Resources Code, Butte County has adopted
a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the
project by the Butte County Board of Supervisors to mitigate or avoid significant effects
on the environment. The MMRP is designed to ensure compliance with mitigation
measures during project implementation. The monitoring program was adopted by the
Board of Supervisors on January 29, 2013. As summarized below, the fourteen (14)
Conservation Measures and thirteen (13} Mitigation Measures detailed in Exhibit B
Mitigation Monitoring and Reporting Program, are each here made conditions of project
approval in order to mitigate significant effects on the environment, and shall be
complied with throughout the life of the project:
Conservation Measures
a) Conservation Measure CM 1 Giant Garter Snake Habitat
b) Conservation Measure CM 2 Monitoring Costs
c) Conservation Measure CM 3 Biologist for Construction Monitoring
d) Conservation Measure CM 4 Construction Employee Training
e) Conservation Measure CM 5 Construction Barrier Fencing
f} Conservation Measure CM 6 Wetland Permits
g) Conservation Measure CM 7 Cultural Resources
h} Conservation Measure CM 8 General Permit for Storm Water Discharges, aka
Construction General Permit
i) Conservation Measure CM 9 Geo-Technical Compliance
j} Conservation Measure CM10 Transportation Regulation and Infrastructure
Improvements
k) Conservation Measure CM 11 Waste Discharge permit for f 11 of wetlands
I) Conservation Measure CM 12 Industrial Storm Water GP
m) Conservation Measure CM 13 Water Conservation, MWELO
n) Conservation Measure CM i 4 Drainage Regulation
Mit igation Measures:
(o) Mitigation Measure MM 4.1.1 Lighting and Glare
Use Permit UPiO-0003 Helena Chemical Nelson Terminal, Board of Supervisors FeUruary 26, 2013
(p) Mitigation Measure MM 4.2-1 Noxious Weeds Management Plan
(q) Mitigation Measure MM X1.3-1 Commitments to Air Quality
(r) Mitigation Measure MM 4.5-1 Bottom Dump Rail Cars with Winds over 1Smph.
(s) Mitigation Measure MM 4.5-2 Butte County Pre-Planning for Release
(t) Mitigation Measure MM 4.5-3 Butte County Area-Plan Update
(u) Mitigation Measure MM 4.5-4 Helena Funding for Equipment and Supplies
(v) Mitigation Measure MM 4.5-5 RMP Modifications--~-Storox and Zerotol
(w) Mitigation Measure MM 4.5-6 RMP Modifications----Emergency Response
Decision Tree
(x) Mitigation Measure MM 4.57 Grounding for dry bulk fertilizer building
(y) Mitigation Measure MM 4.5-8 Grounding for all Tanks
(z} Mitigation Measure MM 4.5-9 Separation of Water Reactive Chemicals
(aa) Mitigation Measure MM 4.7-1 Construction Noise
2. Prior to any grading on the site, the Permitee must obtain a Determination of Exemption
from a Grading Permit from the Public Works Department, per Butte County Code
Chapter 13, Section 13-5.1, and Public Works Department administrative procedures.
To ensure that the project results in projected air quality benefits, due to use of rail
versus truck transportation, Helena will submit annual reports demonstrating the
percentage of bulk dry fertilizer transported to the facility by rail cars. When dry bulk
fertilizer deliveries by rail constitute less than 90 percent of deliveries to the site, Helena
will propose measures to achieve the 90 percent delivery by rail target the following
year.
4. installation of culverts that exceed the following specifications shall require review and
approval by the Director of Public Works: Two new 48-inch reinforced concrete pipe
(RCP) culverts, at a total length of approximately 418 linear feet, will be installed to
allow the rail road spur to cross the existing agricultural drainage ditch on the western
border of the site. One 24" diameter culvert of approximately 90 linear feet will pass
under the entry drive where the existing irrigation ditch is located.
The transferring of liquid fertilizer and pesticide materials from tanker trucks and rail
ca~•s into bulk storage and from bulk storage back into refillable totes will be as follows:
Liquid products received will be off-loaded from the transportation vehicle by pumps,
into a network of plumbing, to the storage tanks. Each product will utilize a designated
pump, connection hose, and pipe to the tank or tanks. Hoses are affixed to the plumbing
and vehicle with camlock couplings. This same process will be used to load refillable
containers and potentially a transport vehicle. All refillable containers will be loaded
and unloaded in a designated "contained area."
When built, the 29,000 square-foot Dry Bulk Fertilizer Storage building will be
constructed on a concrete foundation and concrete perimeter retaining walls on three
sides. Access will be by way of a removable bulkhead wall. The building will have
vinyl siding and a composition roof.
Use Permit UP ] 0-D003 Helena Chemical nelson Terminal, Roard of Supervisors February 26, 2D 13
7. The following are the maximum quantities of materials that may be stored in the Dry
Bulk Fertilizer Storage building:
;: Material Approximate l1MaXirrnum ' `:
.. Tons:'Stored `'.
Ammonium Sulfate (AMS) 5,135
Sulfate of Potash (SOP) 2,400
Muriate of Potash (MOP) 2,100
Monoammonium Phosphate (MAP) 1,770
Urea 1,440
Approximate/Estirnated TOTAL 12,845
8. Regulated substances to be stored at, handled on, andlor distributed from the facility are
limited to materials and quantities for which the distance from the location of a worst
case release at the facility to the toxic or flammable endpoint does not equal or exceed
the distance to a public receptor, in accordance with the definitions and criteria
established in the California Code of Regulations, Title 19, Chapter 4.5, California
Accidental Release Prevention Program.
9. Notwithstanding other standards for product changes, the production, storage and or
handling of ammonium nitrate, aqua ammonia {NH3{aq)), and methyl-bromide
(Bromomethane, CH3Br} at this facility are specifically prohibited under this Use Permit
on the site.
10. Prior to issuance of a Certificate of Occupancy, the owner shall execute a declaration
acknowledging Butte County's Right-to-Farm Ordinance pursuant to Butte County Code
Section 35-5. This declaration shall be recorded by the Director of the Department of
Development Services in the Office of the County Recorder upon the granting of the
development approval. A note shall be placed on a separate document which is to be
recorded concurrently with the map or on an additional map sheet that states the ful! text
of the Declaration Acknowledging Right to Farm per Section 35-8.
l 1. Dry bulk fertilizer conveyor from rail line shall be in an enclosed underground concrete
trough. Nutrient levels in underground water shall be maintained below threshold value
per California Surface Water Ambient Monitoring Program {SWAMP) as regulated by
California Regional Water Quality Control.
12. Helena attendant/employee shall remain at the rail car at all times during unloading of
bulk liquid materials during all liquids transfer operations.
13. All tank anchorage shall comply with at least minimum CBC Seismic Zone 3 anchorage
requirements.
Use Permit UP10-0003 Flelena Chemical Nelson 7'enninal, Board ofsupen~isors February 2G, 2413
14. Bulk liquid pesticide storage tanks shall be stainless steel and shall be equipped with
ultrasonic level indicator with computer read-out. Helena attendantlernployee shall
remain at trucks and other containers at all times during loading.
15. Within the Packaged Materials Warehouse, products shall be segregated by various
categories of substances to include but not be limited to: Oxidizers, Corrosives,
Flammables, Toxics, and Combustibles, in compliance with applicable State and federal
codes and regulations.
16. The applicantloperatorrnust install and use at all times a "dust check" boot system under
the overhead blended fertilizer truck loading hoppers, to minimize fugitive dust which
might normally result from the final step of loading delivery trucks.
17. Rail car unloading of bulk dry fertilizers must utilize choke feeding to reduce fugitive
emissions.
18. The applicant will satisfy any requirements of the Department of Fish and Game
regarding Streambed Alteration Agreement.
19. The uses ~gp~eved authorized by this Use Permit will take place on approximately 10
acres on the southwest of the 26.5 acre project site. Other than uses specifically
authorized no additional a ricultural su ort services are ermitted on the subject
ro er The remaining approximately 16.5 acres on the northeastern portion of the
site is not approved for development by this Use Permit.
20. The on-site stormwater detention pond basin shall be constructed with an impermeable
layer to satisfy the requirements of the Environmental Health Division and the Public
Works Department.
21. Any waste classified as "hazardous" which is generated by this facility is required to be
properly packaged and labeled and transported to a hazardous waste
transfer/storage/disposal facility (TSDF) by registered hazardous waste transporters, per
California Health and Safety Code Section 25141. The facility does not immediately
qualify as a hazardous waste generator facility, subject to Chapter 6.5 of the California
Health and Safety Code and Title 22. However, during the operation of the facility,
hazardous waste might result from minor spills, out of specification or retrograde
(expired) materials ar damaged containers. The Environmental Health Division may
require the facility to register {report as a generator of hazardous waste) with the Butte
County CUPA.
22. Prior to engaging in any of the approved uses, an aesthetically pleasing landscape plan
consistent with Butte County Code Section 24-240.10 shall be reviewed and approved
by the Department of Development Services on or before the date of issuance of the first
building permit. If the landscape area is equal to or greater than 2,500 square feet, the
landscape plan must comply with the California Water Efficient Landscape Ordinance
(MWELO). The landscape plan shall be designed to the satisfaction of the Director of
Use Perniit U1' IQ-0003 i [elena Chemical Nelson Terminal, hoard of supervisors Febniary 2G, 2013
Development Services prior to issuance of the first building permit and installed prior to
final occupancy of the facility.
23. The manufacturin of "cro roduction roducts" fertilizers and nutritionals az~d
"cro rotection roducts" herbicides fun icides and insecticides on the sub'ect
property is specifically prohibited. The repacka~in~ and blendin;~ of crop
production products and crop protection products is permitted subject to all
a licable laws re ulations and the eneral re uirements and conditions of this
Use Permit.
Environmental Health Division:
24. Secure permit from the County Health Officer far construction of new water well.
Applicant is required to comply with the statutory well casing, sealing, and mandatory
depth requirements, of the Division of Environmental Health.
25. Provide sewage disposal facilities that comply with Chapter 19, Butte County Code. If a
non-discharging sewage disposal system is utilized (e.g. graywater from sinks), business
operations shall be limited to non-retail low water use activities in accordance with
Butte County Code, Section 19-7 C {10), and the Butte County On-site Wastewater
Manual, Part Three, Chapter 16. Any request for graywater reuse shall be made in
writing to the Environmental Health Director for review to establish design,
construction, operational, and management requirements to assure compliance with the
On-Site Wastewater Manual. Secure permit from the County Health Officer for
Construction Permit for On-Site Wastewater System and renewable Operating Permit.
System must be designed by a Certified Designer from the Division of Environmental
Health list of approved onsite wastewater designers.
26. Prior to business operation, submit a Hazardous Materials Release Response Plan
(HMRRP), and Risk Management Plan {RMP) in compliance with the California
Accidental Release Prevention {CaIARP) program, to the Division of Environmental
Health, as applicable. Coordinate HMRRP and RMP preparation with Environmental
Health, as necessary to prepare complete and correct Risk Management and/or Business
plans prior to operation, in accordance with procedures and statutory timelines
established in California Health and Safety Code, Chapter 6.95, Article 1, Sections
25500-25520 and California Code of Regulations, Title 19, Division 2, Chapter 4,
Sections 2620-2734.
27. Prepare and implement a Sill Prevention Control and Countermeasures Plan in
accordance with Chapter 6.67, Article 1, Section 25270 of the California Health and
Safety code.
28. Satisfy all requirements of the California Regional Water Quality Control Board,
Section 401 Water Quality Certification application.
29. The packaged materials warehouse which will house agricultural protection products
(pesticides and herbicides) must have a concrete floor which is sloped to the center of the
Use Perniit UP 10-0003 Helena Chemical 1VeEsnn Terminal. Board of Su~ervisws February 2G, ?013
building to serve as a liquids catchment basin. The basin is composed of three
sumplareas. Should a spill occur, or the fre sprinklers be activated, removal of any
contained liquids will be accomplished by portable sump pumps, stared in appropriate
containers (e.g. 55 gallon drums), and disposed of consistent with regulatory standards
for the liquid involved.
Butte County Air Quality Management District
30. Project must secure and comply with all requirements of the Butte County Air Quality
Management District (BCAQMD} Authority to Construct and Authority to Operate
Permits; and the applicant shall comply with all BCAQMD requirements that the
equipment to be installed and operated will meet all air pollution control requirements
including the use of Best Available Control Technology (BACT} if required.
Public Works Department
STREETS
31. Comply with all requirements of Conservation Measure CM-10 as detailed in the
attached Mitigation Monitoring Program in Exhibit B.
32. Prior to occupancy of any warehouselproduct storage building, the Project Proponent
shall install, in cooperation with the Public Works Department's review and approval, a
traffc warning system on the Midway at the Nelson Road intersection. The Project
Proponent shall also be responsible for the cost of operating and maintaining the traffic
warning system that is installed.
33. The Project Pro onent shall make im rovements to the Midwa (Nelson Road
intersection to provide left turn pockets for both north and south bound Midway
onto both west and east Nelson Road. The left turn pockets will be designed to
__
accommodate the len>?th of one full size STAA truck and _be 12 (twelve) feet in
width. The throu h lanes for Midwa shall be deli ned meet Butte Coun
Im rovement Standards and a licable Caltrans standards. The road structural
section shall be in conformance with the design guidelines for Midway as detailed in
the Butte County Improvement Standards. All improvements shall be approved
the Director of Public Works and shall be constructed at the same time as the road
wa im rovements re uired on Nelson Road from the Midwa to the ro'ect site.
DRAICNAGE
34. Prior to establishing use, a plan for a permanent solution far 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.
Use PcrmiE UPIO-0003 1-Iclena Chemical Nelson Terminal, Board of Supervisors Fcbn~ary 26, 2013
35. Prior to final improvement inspection by the Department of Public Works, all new drain
inlets shall be labeled with the county approved drain marker per county standard 5-40.
Improvement plans shall show and/or note the requirements for Iabeling inlets pursuant to
county standard 5-40.
36. If the project will result in a land disturbance of one or more acres or if the land
disturbance is less than one acre but part of a larger common plan of development that is
one acre or greater than the project proponent must obtain coverage under
the Construction General Permit (CGP) DWQ-2009-0009. To obtain coverage the
Legally Responsible Person {LRP) must submit the appropriate Froject Registration
Documents (PROs) (Notice of Intent {NOI), Storm Water Pollution Prevention Plan
(SWPPP) and other documents as required by the CGP into the Storm Water Multiple
Application and Report Tracking System (SMARTS) and mail the appropriate fee to the
State Water Board. The SWFPP must be prepared by a QSD {Qualified Storm Water
Pollution Prevention Plan Developer} and the LRP must ensure that the SWPPP is
deployed, inspected and maintained utilizing a QSP (Qualified Storm Water Pollution
Prevention Plan Practitioner).
Building Department:
37. Prior to any construction, secure building permits from the Building Division of the
Department of Development Services for structures of greater than 120 square feet and
all fences greater than six (6'} feet in height, paying all required fees.
38. All liquids storage tanks and their anchorage shall be designed by a registered design
professional {licensed engineer or architect) in accordance with the current edition of the
California Building Code.
Butte County Fire Department/CaIFI(RE:
39. Applicant must comply with all applicable portions of the 2010 California Fire Code for
construction of all parts and phases of the facility. CFC compliance will generally
include but is not limited to fire access requirements, fre flow requirements, facility fire
alarm requirements, automatic fre suppression requirements, material storage and
arrangement.
40. Applicant must comply with current edition of the California Fire Code for operation of
the facility which may include operational permits.
41. Generally, fre code requirements are predicated on occupancy classification, which is
determined by the building official. Building and fire plan reviews take place
concurrently. Specific requirements for commercial buildings will be determined at the
building permit application review process.
Usc Permit UPIO-0003 Helena Chemical Nelson "1'ermina{. Board ofSupen~isors FeUruary 2G, 2013 lp
42. Prior to issuance of certificate of occupancy, operator will comply with all requirements
of the Butte County Fire Department, including providing well and water storage tank of
sufficient size to provide fire flow to exceed 1,500 GPM for two hours, and provide 6"
water line to all fire hydrants outside of buildings.
Butte County Mosquito and Vector Control District
43. Prior to issuance of Certificate of Occupancy, provide written verification that the project
has complied with the following recommendations to the satisfaction of the Butte County
Mosquito and Vector Control District; and throughout the life of the project, maintain the
facilities to the satisfaction of the Butte County Mosquito and Vector Control District.
Storm Drain /Catch Basins:
a) Catch basins, drop inlets, storm drains, and other structures originally designed to
not hold water should be regularly checked and maintained to function as
designed.
b) Basins designed to be dry but remaining inundated with water should be corrected
by retrofit, replacement, repair, or more frequent maintenance.
c) Coordinate cleaning of catch basins, drop inlets, or storm drains with mosquito
treatment operations.
d) Enforce the prompt removal of silt screens installed during construction when no
longer needed to protect water quality.
e) Consider installation "Xeripave" in catch basin and storm drains to eliminate any
possibility ofmosquito-breeding.
Detention Pand:
a) Build shoreline perimeters as steep and uniform as practicable to discourage
dense plant growth (3:1 slope extremely benef cial and conducive to discourage
plant growth and mosquito production).
b) Whenever possible, maintain storm water ponds and wetlands at depths in excess
of 4 feet (1.2 m) to limit the spread of invasive emergent vegetation such as
cattails (Typha spp.}.
c) Eliminate floating vegetation conducive to mosquito production (e.g., water
hyacinth, Eichhornia spp., duckweed Lemna and Spirodela spp., and f lamentous
alga! mats).
d) Perform routine maintenance to reduce emergent plant densities to facilitate the
ability of mosquito predators {i.e., mosquito fsh} to move throughout vegetated
areas.
e) Make shorelines accessible to maintenance and vector control crews for periodic
maintenance, control, and removal of emergent vegetation, as well as for routine
mosquito monitoring and abatement procedures, if necessary.
f) Design and obtain necessary approvals for all storm water ponds and wetlands to
allow for complete draining when needed.
g) The effective swath width of most backpack or truck-mounted larvicide sprayers
is approximately 20 feet (6 m) on a windless day. Because of these equipment
limitations, all-weather road access {with provisions for turning afull-size work
Use Permit UP 10-0003 ftelena Chemical Tdelsan TerE~~inal, Board of Supervisors I=ebruary 26, 2013 1 l
vehicle) should be provided along at least one side of large aboveground
structures that are less than 25 feet (7.5 m) wide.
h) Access roads should be built as close to the shoreline as possible. Vegetation or
other obstacles should not be permitted between the access road and the storm
water treatment device that might obstruct the path of larvicides to the water.
i) Vegetation should be controlled (by removal, thinning, or mowing) periodically to
prevent barriers to access.
j) Design structures so they do not hold standing water for more than 72 hours.
Special attention to groundwater depth is essential.
k} Use the hydraulic grade line of the site to select a treatment BMP that allows
water to flow by gravity through the structure. Pumps are not recommended
because they are subject to failure and often require sumps that hold water.
1} Avoid the use of loose riprap or concrete depressions that may hold standing
water.
m} Avoid barriers, diversions, or flow spreaders that may retain standing water.
n) Use concrete or liners in shallow areas to discourage unwanted plant growth
where vegetation is not necessary.
o} Where feasible, compartmentalize managed treatment wetlands so that the
maximum width of ponds does not exceed two times the effective distance {40
feet X12 m]) of land-based application technologies for mosquito control agents
(Walton, 2003}.
p) Incorporate features that prevent or reduce the possibility of clogged discharge
orifices {e-g., debris screens). The use of weep holes is not recommended due to
rapid clogging.
q} Design distribution piping and containment basins with adequate slopes to drain
fully and prevent standing water. The design slope should take into consideration
buildup of sediment between maintenance periods. Compaction during grading
may also be needed to avoid slumping and settling.
Truck Ramp /Truck Bay:
a) Design structures so they do not hold standing water for more than 72 hours or
have contingencies available to ensure water will not stand for more than 72 hours
(sump pump).
b} Ensure that sump pump is operational) fitnctioning during mosquito season.
c} Perform routine maintenance to ensure debris does not clog and/or plug pump
operation or drain.
Tank Containment Area:
a} Design structures so they do not hold standing water for more than 72 hours or
have contingencies available to ensure water will not stand for more than 72 hours
(sump pumplmanual drain}.
b} Ensure sump pumplmanual drain free of debris and fully functional during
mosquito season.
Drai-rage Ditches:
Use Perniit UP f 0-0003 1-lclena Chemical Nelson Terminal, Board of Supervisors February 2G, 2013 12
a) Construct or improve ditches with at least 2:1 slopes and a minimum of a 4 foot
bottom. Consider a 3:1 slope or greater to discourage burrowing animal damage,
potential seepage problems, and prevent unwanted vegetation growth. Other
designs may be approved by the District based on special circumstances.
b} Keep ditches clean and well-maintained. Periodically remove accumulated sedi-
ment and vegetation. Maintain ditch grade to prevent areas of standing water.
Processing Fees
43. Prior to the issuance of any permit, the applicant shall pay outstanding project-related
processing fees.
County Counsel:
44. If this entire matter or any finding, action or condition of this matter is challenged in any
other action or forum, the applicant or any other developerloperator other than the
applicant agrees to defend, indemnify and hold harmless the County of Butte from
liability or loss related to the approval of this project in the subsequent action or forum
and agrees to sign an indemnification agreement in a form approved by County Counsel.
Use 1'erniit UPI p-0003 Helena Ckzemical Nelson Terniinal, Board of Supervisors February 26.2013 13
EXHIBIT 8
MITIGATION MEASURES AND CONSERVATION MEASURES
MITIGATON AND MONITORING REPORTING PROGRAM
CONSERVATION MEASURES (measures applied in the course of the Initial study):
Conservation Measure CM 1 Giant Garter Snake Habitat
Conservation Measure CM 2
Conservation Measure CM 3
Conservation Measure CM 4
Conservation Measure CM 5
Conservation Measure CM 6
Conservation Measure CM 7
Conservation Measure CM 8
Conservation Measure CM 9
Conservation Measure CM 10
Conservation Measure CM 11
Conservation Measure CM 12
Conservation Measure CM 13
Monitoring Costs
Biologist far Construction Monitoring
Construction Employee Training
Construction Barrier Fencing
Wetland Permits
Cultural Resources
General Permit far Storm Water Discharges, aka Construction
General Permit
Geo-Technical Compliance
Transportation Regulation and Infrastructure Improvements
Waste Discharge permit for fill of wetlands
Industrial Storm Water GP
Water Conservation, MWELO
Conservation Measure CM 14 Drainage Regulation
MITIGATION MEASURES (measures applied within the course of the EIR process):
Mitigation Measure MM 4.1.1
Mitigation Measure MM 4.2-1
Mitigation Measure MM 4.3-1
Mitigation Measure MM 4.5-1
Mitigation Measure MM 4.5-2
Mitigation Measure MM 4.5-3
Mitigation Measure MM 4.5-4
Mitigation Measure MM 4.5-5
Mitigation Measure MM 4.5-6
Mitigation Measure MM 4.5-7
Mitigation Measure MM 4.5-8
Mitigation Measure MM 4.5-9
Mitigation Measure MM 4.7-1
Conservation Measures
Lighting and Glare
Noxious Weeds Management Plan
Commitments to Air Quality
Bottom Dump Rail Cars with Winds over 15mph
Butte County Pre-Planning for Release
Butte County Area-Plan Update
Helena Funding for Equipment and Supplies
RMP Modifications-5torox and Zerotol
RMP Modifications---Emergenry Response Decision Tree
Grounding for dry bulk fertilizer building
Grounding for all Tanks
5eparativn of Water Reactive Chemicals
Construction Noise
With the concurrence of the applicant, Helena Chemical, the fourteen X14) conservation measures below are
incorporated into Helena Chemical's project description and will be complied with through-out construction and
operation of the facility, as noted therein. Conservation measures were identified in the Initial Study as a means
of mitigation impacts; therefore, Conservation Measures will be included in the Mitigation and Monitoring
program for the project.
Conservation A Condition of Approval containing the measures described below is required to avoid and
Measure minimize impacts to Giant Garter Snake{s) {GGS; Thamnophis gigas) and its habitat.
CM 1 prior to any surface disturbance activities {grading, excavation or construction) on the
project, the developer must provide documentation that formal consultation has been
completed with the California Department of Fish and Game {CDFG) and the U.S. Fish and
Giant Garter Wildlife Service {USFWS) and a Biological Opinion or a Letter of Concurrence has been issued
Snake Habitat to determine any Measures required to avoid and minimize impacts to the snake{s) to a less
than significant level. Such Measures should include the following:
1) A formal biological assessment should be prepared by a federal agency and fulfill
USFWS federal Endangered Species Act consultation requirements. This report shall
detail direct and indirect impacts of the proposed project to this species and detail
measures to avoid and/or minimize adverse impacts to the species.
2) A mitigation plan should be prepared in consultation with USFWS and CDFG. All
requirements shall be noted in full on the site plan for any development permits
{including but not limited to septic, well and building hermits) issued by Butte
County. At a minimum this plan would include the following Measures:
a. A USFWS/ CDFG approved biological monitor shall conduct apre-construction
survey 24 hours prior to the start of construction activities. If a giant garter
snake is observed on the site, construction activities shall not begin until the
snake(s) is/are moved to a safe location.
b. Prior to construction, a Worker Environmental Awareness Training in the
recognition of giant garter snakes, and their habitat shall be conducted by a
qualified biologist. if a snake is observed on the site, work shall cease in the area
until a qualified biologist can identify the species. Giant garter snakes
encountered during construction activities shall be allowed to move away from
construction activities on their own, or if necessary capture and relocation shall
only be attempted by personnel/ individuals with current Service recovery
permits. Proof of the instruction shall be submitted to the U.S. Fish and Wildlife
Office.
c. No grading, excavating, or filling may take place in or within 200 feet of giant
garter snake habitat between October 1 and May 1, unless authorized by the
USFWS.
d. Dewatering of existing habitat may begin any time after November 1, but must
begin by April 1 unless authorized by the USFWS/CDFG.
Plan Requirements: Prior to site disturbance, submit a formal biological assessment and mitigation plan
meeting the regulatory requirements of the USFWS.
Timing: A Condition of Approval describing the above required conservation measures shall be placed on
the Use Permit UP10-0003. This Measure shat! be noted in full on the site plan or attached sheet for any
development permits issued by Butte County.
Monitoring: On site inspectors and mitigation monitors for the project wi!! periodically monitor as
needed to ensure that the requirements of the Measure are adhered to throughout grading, excavation,
and construction periods.
Conservation The Department of Development Services {DDS) is responsible far monitoring the
Measure landowner's compliance with all use permit conditions of approval, conservation
CM 2 measures, and mitigation measures. As the cost of ongoing monitoring of Measures and
Conditions of Approval is not included in the County's Use Permit application fees, at
Monitoring the discretion of the Director of DDS {pirectar), the cost of DDS staff and consultant
Costs time directly related to the monitoring of compliance with conditions of approval will be
billed to and borne by the landowner at the current established DD5 Planning Division
hourly rate. The current fee amount established in Butte County Code and
implementing resolutions for Measure and Condition of Approval Monitoring (currently
a $978.00 deposit against which time is billed) shall be paid within 30 days of the date of
project approval. Regarding the monitoring of relevant measures and conditions of
approval after approval and/or recordation of the map, of the Use Permit the landowner
shall maintain this fee with DDS in an amount (not to exceed the established maximum)
at a level determined by the Director to ensure adequate ongoing Measure and
Condition of Approval monitoring. Mechanisms which may be used by the County to
address failure by the landowner to maintain the adequate fee amount may include but
are not limited to "stop work" orders, denial of building permits and/or certificates of
occupancy, revocation of project approval and imposition of performance bonds at the
discretion of the Director of DDS
Conservation
Measure
CM 3
Biologist for
Construction
Monitoring
Place the following Condition of Approval on the Use Permit, "A USi=WS/CDFG approved
biologist shall be retained, as approved by the Director of Development Services, to
conduct construction monitoring in and adjacent to ditches adjoining the site which
provide habitat far Giant Garter Snake, a protected species, when construction is taking
place near such habitat areas, that is during construction within or near ditches. The
Biologist will submit weekly monitoring reports to the Department and the developer
during periods of excavation, grading, and compaction of site soils, or when
construction is occurring near or within ditches adjoining the site."
Plan Requirements: Construction monitoring reports steal! meet prataco! requirements of U5 Fish and
Wildlife Service and/ar California Department of Fish and Game.
liming: This measure sha!! be implemented during grading, excavation, and compaction of soils, during
construction within or near ditches, and as determined necessary by the site monitor.
Monitoring: On site inspectors and mitigation monitors far the project wil! periodically monitor as
needed to ensure that the requirements of the Measure are adhered to throughout grading, excavation,
and construction periods.
Conservation Incompliance with General Pian Policy CO5-P7.8, place the following note as a condition
Measure of the Use Permit: "Sensitive biological resources have been identified on and/or
CM 4 adjacent to this project site. The qualified biologist and/or botanist retained by the
County to conduct construction monitoring will provide mandatary training to
Construction construction employees operating equipment or engaged in any development-
Employee
Training
associated activities involving vegetation removal or ground disturbing activities in
sensitive resource areas. The USFWS/CI]FG approved biologist and/vr botanist will
provide information on the on-site biological resources (Giant Garter Snake and its
habitat, sensitive natural communities, special-status plant and wildlife habitats, nests
of special-status birds, etc.), avoidance of invasive plant introduction and spread, and
the penalties far not complying with biological mitigation requirements and other State
and federal regulations."
Plan Requirements: This Measure shall be noted in full on the site plan or attached sheet far any
development permits issued by Butte County.
Timing: Prior to any ground disturbing activities construction employees shall be trained as noted.
Monitoring: On site inspectors and mitigation monitors for the project will periodically monitor as needed
to ensure that the requirements of the Measure are adhered to throughout all grading, excavation, and
construction periods. .
Conseruativn
Measure
CM 5
Construction
Barrier
Fencing
In compliance with General Plan Policy COS-P7.8, require the following Condition of
Approval on the Use Permit: "Construction barrier fencing shall be installed, at a
distance specified by the qualified biologist retained to conduct construction monitoring
in and adjacent to all habitats for protected species, around sensitive resources on or
adjacent to construction sites. Fencing shall be installed prior to any construction
activities and maintained throughout the construction period. The biologist shall
determine the location and delineate/stake-out the location of this fencing."
Plan Requirements: The Condition of Approval will be required on the Use Permit.
Timing: During site preparation and development.
Monitoring: On site inspectors and mitigation monitors far the project will periodically monitor as needed
to ensure that the requirements of the Measure are adhered to throughout a!! grading, excavation, and
construction periods.
Conservation
Measure
CM 6
Wetland
Permits
Prior to any ground disturbance within or adjacent toditches/drainages surrounding the
project site, ar the issuance of any building permit, the applicant shall submit written
verification that any necessary permits have been secured from the U5 Army Carps of
Engineers (USACOE}.
Plan Requirements: Fulfil! regulatory requirements of USACOE.
Timing: Prior to any ground disturbance within or adjacent to ditches/drainages surrounding the project
site, and prior to the issuance of any building permit development permits issued by Butte County.
Monitoring: The Butte County Department of Development Services and Department of Public Works
shall ensure written verification is received prior to issuance of building permit or site improvement plans.
Conservation
Measure
CM 7
Cultural
Place a Condition of Approval on the Use Permit UP10-0003 that states: During any
excavation or other substantial subsurface disturbance activities, individuals conducting
the work should be advised to watch for cultural resource materials. Should any
evidence of prehistoric cultural resources be observed (freshwater shells, beads, bone
tool remnants or an assortment of bones, soil changes including subsurface ash lens or
soil darker in color than surrounding soil, lithic materials such as flakes, foals or grinding
Resources
rocks, etc.), or historic cultural resources (adobe foundations or wails, structures and
remains with square nails, refuse deposits or bottle dumps, often associated with weals
or old privies), work within 50 feet of the find shall cease immediately until a qualified
professional archaeologist can be consulted to evaluate the remains and implement
appropriate mitigation procedures. Should human skeletal remains be encountered,
State law requires immediate notification of the County Coroner. Should the County
Coroner determine that such remains are in an archaeological context, the Native
American Heritage Commission in Sacramento shall be notified immediately, pursuant
to State [aw, to arrange for Native American participation in determining the disposition
of such remains."
Plan Requirements: The note shall be required on the Use Permit UP10-0003 and on a!l building and site
development plans.
Timing: This measure sha!! be implemented during all site preparation and construction activities.
Monitoring: The Department of Development Services shat! ensure that this Condition of Approval is
placed on all building and site development plans. Should any evidence of prehistoric cultura! resources
be observed as described above, all work should immediately cease, and a qualified archaeologist must be
consulted to assess the significance of the cultura! materials and report such assessments to the
Department of Development Services. The Department of Development Services shall then coordinate
with the developer and appropriate authorities to avoid damage to cultural resources and determine
appropriate action.
Conservation
Measure
CM 8
General Permit for
Storm Water
Discharges, aka
Construction General
Permit
Construction activities that result in a land disturbance of one acre or more
require a permit from the Regional Water Quality Control Board.
Construction activities that result in a land disturbance of less than one acre,
but which are part of a larger common plan of development, also require a
permit.
Plan Requirements: To ensure that a Storm Water Pa1lution Prevention Plan (SWPPPJ is prepared for the
project, the Conservation Measure is required to be placed as a condition of approval of the approved Use
Permit. The requirements of the condition shai! be adhered to at all times.
Timing: Prior to approval of all site development and building permit plans, if the project will result in
disturbance of one ar more acres, demonstrate to the Department of Public Works that a SWPPP has been
prepared and approved by the State Water Resources Control Board.
Monitoring: The Department of Development Services will ensure that this requirement is placed as a
condition of Approval in the use permit. The Department of Public Works will ensure that an approved
plan is in place before start of any site disturbance and adhered to throughout the site development
(including clearing, excavation, filling, and grading) and construction processes.
Conservation Place a Condition of Approva! on the Use Permit stating as follows: "Friar to issuance of
Measure building permits and final building permit approval, the applicant shall demonstrate to
CM 9 the satisfaction of the Butte County Building Division that the recommendations of the
Geatechnical Design Report prepared by Shannon & Wilson, Inc. dated November 23,
Geo-Technics! 2010 and the recommendations of the project's structural engineer are appropriately
Compliance satisfied. The requirements of the condition shall be adhered to at all times."
Alan Requirements: The applicant shat! demonstrate to the satisfaction of the Department of
Development Services Building Divisian that the recommendations of the Geotechnical Design Report and
the project's structural engineer are appropriately satisfied.
Timing: This requirement shall be met prior to approval of any site development ar building permits.
Monitoring: Planning Division staff will ensure that the Condition of Approval is placed on the Use
Permit. Department of Public Warks and Building Division plan checkers will ensure that the
recommendations of the Geotechnkal Design Report and the project's structural engineer are
appropriately satisfied. Field inspectors of the Department of Public Works and/ar Building Divisian will
ensure that this condition is implemented during site development and constructian activities.
Conservation
Measure
CM 10
Transportation
Regulation and
Infrastructure
Improvements
The following requirements of the Butte County Public Works Department shall be included
as Conditions of Approval on the Use Permit:
The applicant shall comply with the following Conditions of Approval on the Use Permit:
1. Prior to establishing use, locate the facility entrance so that trucks may enter through a
three-way T-intersection between the two directions of Nelson Road and the facility
entrance at the southwest corner of APN 038-260-013. Signage and striping shall be
installed at the driveway egress to the facility. Submit design to the Land Development
Division for approval prior to construction.
Z. Trucks shall not be permitted to use Nelson Road from the facility entrance to Highway
99, except for local deliveries. Trucks shall not be permitted to use Entler Avenue,
except for local deliveries. Trucks shall not be permitted to make northbound turn
movements onto Highway 99 from eastbound Neal Road.
3. Prior to establishing use, improve the turn radiuses of Nelson Road between Midway
and the facility entrance in compliance with CaiTrans standards to allow trucks to turn
without crossing into the opposing traveled way. Right-af-way required for
improvements shall be provided. Submit design to the Land Development Division for
approval prior to construction.
4. Prior to establishing use, improve the structural section of Nelson Road from Midway
to the proposed entrance with a full width pavement design as recommend in the
geotechnical design report prepared by Shannon & Wilson, Inc. for Helena Chemical
Company dated November 23, 2010. Submit design to the Land Development Division
for approval prior to construction. 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, locate the facility entry gate to allow enough storage for two
53' long trucks (side-by-side} to park between the Nelson Road travel way and the
entry gate when the gate is closed, to the satisfaction of the Public Works Director
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 turves from proposed
use to an existing route designated for STAA truck use. Prior to establishing STAA truck
use, deed to Butte County in fee simple sufficient right-of--way to comply with STAA
route requirements. 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.
Plan Requirements: Meet the design objectives identified above to the satisfaction of the Director of
Public Works.
Timing: Prior to engaging in any approved uses.
Monitoring: Through design approvals and on-site verification, the Department of Public Works shall
ensure that these Measures are completed.
Conservation Some wetlands and other waters are considered "geographically isolated" from navigable
Measure waters and are not within the jurisdiction of the Clean Water Act. (e.g., isolated wetlands,
GM 11 vernal pools, or stream banks above the ordinary high water mark. If the U.S. Army Corps of
Engineers determine that isolated wetlands or other waters exist at the project site, and the
Waste p~-oject impacts or has potential to impact these non-jurisdictional waters, a Report of Waste
Discharge Discharge and filing fee must be submitted to the Central Valley Water Board. The Central
permit for fill Valley Water Board will consider the information provided and either issue or waive Waste
of wetlands Discharge Requirements. Failure to obtain waste discharge requirements or a waiver may
result in enforcement action. Any person discharging dredge or fill materials to waters of the
State must file a report of waste discharge pursuant to Sections 13376 and 13260 of the
California Water Code (CWC). Both the requirements to submit a report of waste discharge
and apply for a Water Quality Certification may be met using the same application form,
found at:
htt www.waterboards.ca. ov centralvalle water issues water ualit certificationlw c
agplication.pdf
Plan Requirements: A Report of Waste Discharge and fling fee must be submitted to the Central Va!!ey
Water Board prior to site grading ar disturbance.
Timing: Prior to any waste discharge or f!!1 of wetlands, and prior to grading or the issuance of building
permits.
Monitoring: The Department of ~F Development Services wiI! ensure thpt this requirement !s
placed as a condition of Approval in the use permit. The Department of Public Works will ensure that an
approved plan is !n place before start of any site disturbance and adhered to throughout the site
development (including clearing, excavation, filling, and grading) and construction processes.
Conservation
Measure
CM 12
Industrial
Storm Water
GP
The USEPA on 16 November 1990 promulgated storm water regulations (40 CFR Parts 122, 123
& 124} which require specific categories of industrial facilities discharging storm water to obtain
NPDES permits and to implement Bes# Available Technology Economically Achievable (BAT} and
Best Conventional Pollutant Control Technology (BCT} to reduce or eliminate industrial storm
water pollution. These requirements apply to industries with a Standard Industrial Classification
(5IC} 2875 Farm Product Warehousing and Storage}. Industrial operations with a 2875 (SIC}
code must be covered by a General Permit far Distharges of Storm Water Associated with
industrial Activities.
Plan Requirements: Meet the design objectives identified above to the satisfaction of the California
Regional Water Quality Control Board.
Timing: Prior to engaging in any approved uses.
Monitoring: Through design approvals and on-site verification, the Departments of Development Services
and Public Works shall ensure thot these Measures are adhered to during site development.
Conservation
Measure
CM 13
Water
Conservation,
MWELO
Prior to engaging in any of the approved uses, an aesthetically pleasing landscape plan
consistent with Butte Count Code 24-240.10, shall be reviewed and approved by the
Department of Development Services on or before the date of issuance of the first building
permit. If the landscape area is equal to or greater than 2,500 square feet, the landscape plan
must comply with the State of California Model Water Efficient Landscape Ordinance
(MWELO}. The landscape plan shall be designed to the satisfaction of the Director of
Development Services prior to issuance of the first building permit and installed prior to final
occupancy of the facilities.
Plan Requirements: Submit landscape plan meeting the water-saving requirements of MWELQ.
Timing: Requirements of the condition shall be adhered to throughout the approved uses on the parcel.
Monitoring: This Conservation Measure must be completed prior to final occupancy of the facilities.
Conservation
Measure
CM 14
Drainage
Regulation
Prior to any soil disturbance activities on the site, the Public Works Department requires
that the applicant demonstrate that drainages on the site are designed to prevent any
increase in runoff from the site so that post-development runoff is maintained at pre-
development levels. Additionally, relocation of any sails removed from the site are
subject to the review and approval of the Public Works Director to ensure the relocation
of soils will not result in adverse consequence to drainage in the vicinity of the receiving
location.
Plan Requirements: Demonstrate no net increase in runoff to the satisfaction of Butte County Public
Works.
Timing: Requirements of the condition sha!! be complied with prior to any soi! disturbance activities an
the site and adhered to throughout the approved uses on the parcel.
Monitoring: The Public Works Department wil! monitor compliance with this conservation measure.
Mitigation Measures
The following 13 Mitigation Measures were identified in the Draft FIR:
Mitigation Measure
MM 4.1.1
Lighting and Glare
Require a Condition of Approval on the Use Permit that states: "Ail lighting,
exterior and interior, shall be designed and located so as to confine direct
lighting to the premises. A light source shall nat shine upon or illuminate directly
on any surface other than the area required to be lighted. No lighting shall be of
the type or in a location such that it constitutes a hazard to vehicular traffic,
either on private property or on abutting streets."
Plan Requirements: A Condition of Approval is required on the Use Permit. All requirements steal! be
shown on building plans.
Timing: Requirements of the condition steal! be adhered to throughout the use of the parcel under UP
X10-t?Ot?3.
Monitoring: The Butte County Department of Development Services shall ensure that the Condition of
Approval is a requirement on the Use Permit. The Building Division will ensure that these requirements
are shown on building plans and ore complied with during construction. Any violations of the mitigation
measure will be reviewed an a complaint basis.
Miti~ation_
Measure
MM 4.2-1
NoXioL15 Weeds
Management
Plan
In compliance with General Plan Policy COS-P8.4, place a Condition of Approval on the
Use Permit that states: "Prior to implementing any approved uses, submit far approval
by the Agricultural Commissioner and at all times adhere to a Noxious Weed Control
Plan.
Plan Requirements: This Condition of Approval steal! be required on the Use Permit.
Timing: The requirements of this condition shall be adhered to for the duration of the approved uses on
the parcel.
Monitoring: The Butte County Department of Development Services steal! ensure that this Condition of
Approval is required on the Use Permit. This Mitigation Measure must be completed prior to final
occupancy being issued far the first building permit. Violations of the mitigation will be reviewed by the
Butte County Agricultural Commissioner's Office on a complaint basis.
Mitieation
Measure
M M 4.3-1
Commitments to
Air Ciluality
Implement the following protections for air quality, consistent with air quality
modeling assumptions and i3CAQMD best practices.
1) Construct Phase II in Summer Months In order to avoid potentially significant
combined impacts of Phase II construction with Phase I operation during peak
use, Phase II facilities shat[ not be constructed during the months of March,
April, May, or June.
2J Use Tier 3 Construction Equipment 50 percent of the total horsepower of
construction diesel engines shall meet Tier 3 emissions standards.
3) Implement Dust Control Measures The following measures shall apply to all
development activities on the project site. Follow the air quality control
measures listed below:
a. During clearing, grading, earth moving, excavation, or transportation of
cut or fill materials, water trucks or sprinkler systems are to be used to
prevent dust from leaving the site and to create a crust after each day's
activities cease.
b. During construction, water trucks or sprinkler systems shall be used to
keep all areas of vehicle movement damp enough to prevent dust from
leaving the site. At a minimum, this would include wetting down such
areas in the later morning and after work is completed for the day and
whenever wind exceeds 15 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
d. On-site construction vehicles shall be limited to a speed of 15 mph on
unpaved roads.
e. Haul vehicles transporting soil into ar out of the property shall be
covered.
f. Existing roads and streets adjacent to the project shall be cleaned at
least once per day if dirt or mud from the project site has been tracked
onto these roadways, unless conditions warrant a greater frequency.
g. Other measures may be required as determined appropriate by the
BCAQMD to comply with Rule 205-Fugitive Dust Emissions or
Department of Public Works in order to control dust.
Past Contact Information
h. Post a publicly visible sign with the company person and telephone
number to contact regarding dust complaints. This person shall respond
and take corrective action with Rule 205. The District's name and
telephone number of the Butte County Air Quality Management District
shall also be included to ensure corrective action is taken in compliance
with BCAQMD Rules 200 & 205 (Nuisance and Fugitive Dust Emissions).
Other Construction Practices
i. Maintain all construction equipment in proper tune according to
manufacturer's specification.
j. Where feasible, give preference to utilizing the following equipment:
• Electric equipment
• Substitute gasoline-powered for diesel-powered equipment
• Alternatively fueled construction equipment on site such as
compressed natural gas (CNG), liquid natural gas (LNG), propane, or
biodiesel.
• Equipment that has pre-chamber diesel engines, as practical.
• Diesel construction equipment meeting the GARB's 1996 or newer
certification standard for off-road heavy-duty diesel engines.
k. Construction workers shall park in designated parking area(s) to help
reduce dust emissions.
Plan Requirements: Comply with Sections 1, 2, and 3 above.
Timing: Requirements of the condition sha!! be adhered to throughout ail grading and construction
periods.
Monitoring: The Butte County Department of Development Services shall ensure that Condition of
Approval is required on UP1t1-0Q03 and shall manltor compliance.
Mi#i~ation Measure
MM 4.5-1
Bottom Dump Rail
Cars with Winds
over 15mph
The applicant steal! coordinate with Butte County Air Quality Management District
(BCAQMD) to establish appropriate limits on the dumping of bottom dump rail cars
when winds exceed ~5 miles per hour, and/or other means as can be
demonstrated to be reliable and safe to avoid contribution to cumulative
particulate dust.
Plan Requirements: incorporate appropriate limits on rail delivery with bottom dump cars when winds
exceed 15 m!!es per hour to avoid or lessen the project's contribution to cumulative particulate dust
Timing: Prior to final occupancy
Monitoring: BCAQMD will establish appropriate limits !n the Authority to Operate Permit. Development
Services Staff will ensure this mitigation measure is met prior to issuance of final occupancy permits.
Mitigation
Measure
MM 4.5-2
Butte County
Pre-Planning for
Release
Prior to occupancy, the Butte County 1=ire Department, the Environmental
Health Division, and the Office of Emergency Management shall review the
facility and pre-plan a response to determine the severity and equipment
needing to be staged in case of a potential fire, as guided by section 3.2 of
the Butte County Hazardous Materials Area Plan.
Plan Requirements: As found !n section 3.2 of the Butte County Hazardous Materials Area Plan.
Timing: Prior to occupancy.
Monitoring: Butte County Department of Development Services w!!l not issue the occupancy permit until
the Area Plan is updated as specified to the satisfaction of Butte County Fire Department, the
Environmental Health Division, and the Office of Emergency Management.
Miti ation
Measure
MM 4.5-3
Butte County Area-
Plan Update
Prior to #+rra~l occupancy, the Butte County Sheriff 5 Department, the Butte County
Fire Department, the Environmental Health Division, and the Office of Emergency
Services shall review the facility, produce pre-plans and a standard response plan
to emergencies at this site as guided by section 3.2 of the Butte County
Hazardous Materials Area Plan, for unique spills and necessary equipment arising
from the Nelson Terminal Facility operations.
Figure C-1 of the Area Plan, Significant Risk Based Facilities and infrastructure (or
equivalent in the updated plan), should be updated to include Helena's Nelson
Terming[ facility, and the Area Plan should be utilized to coordinate emergency
response agencies in the event of a truck upset of bulk fertilizer near Welena's
Nelson Terminal site.
Plan Requirements: The Hazardous Material Emergency Response Plan (aka, Area Plan) will be updated
as determined necessary by the Sheriff's Department, Butte Caunty Fire Department, the Environmental
Health Division, and the Office of Emergency Management.
Timing: Prior to occupancy of the Nelson Terming! project.
Monitoring: The Butte County Building Division will ensure the plan has been updated prior to issuing
final occupancy permits.
Miti ation Measure
MM 4.5-4
Helena Funding for
Equipment and
Supplies
Prior to the issuance of final Certificate of Occupancy for any phase of the Nelson
Terminal facility, the applicant shall provide funding for equipment and supplies
identified in pre-planning for a release at the facility or in the Hazardous Materials
Area Plan, as determined reasonably related to the emergency response needs for
the facility by the Butte County Fire Department, Environmental Health Division,
and Office of Emergency Management.
Plan Requirements: Butte County wiI! invoice applicant far any equipment or supplies required to comply
with this mitigation measure and provide a description of why the equipment-ate or supplies are being
required.
Timing: Applicant shall provide funding prior to occupancy.
Monitoring: Butte County Development Services, Building Division will ensure compliance prior to final
occupancy for each phase.
Mitigation Measure
MM 4.5-5
RMP
Modifications-
Storox and Zerotol
Prior to occupancy of the first phase of development, the applicant shall either 1}
revise the RMP to remove Storox and Zerotol from the list of chemicals to be
stored at this site, or 2} provide supplemental materials that the quantity,
location and manner of storage for Storox and Zerotol will be accomplished in a
safe manner, meeting or exceeding applicable minimum standards, to the
satisfaction of Butte County Fire Department, Environmental Health Division, and
Office of Emergency Management.
Plan Requirements: Remove the two chemicals from the facility or provide additional information
verifying they wi!! be handled appropriately.
Timing: Prior to occupancy.
Monitoring: Plan check staff and inspectors for the Butte County Building Division will ensure that this
measure is met prior to the issuance of occupancy permit.
Mitigation Measure
MM 4.5-6
RMP
Modifications-
Emergency
Response Decision
Tree
Prior to occupancy, the emergency response notification decision tree wiN be
reviewed and revised by Helena as determined necessary by Environmental Health
to 1} simplify the procedures for use by non-technical experts who may be
reporting an incident, and 2} notify Environmental Health of any release to the
environment, no matter how small. This may not be an emergency situation,
however, the notification should still be made within 20 minutes of notification
unless an employee is injured or the release is being stabilized.
Plan Requirements: Revise the emergency response notification decision tree as noted to the satisfaction
of Environmental Nealth.
Timing: Prior to occupancy.
Monitoring: Plan check staff and inspectors for the Butte County Building Division will ensure that this
measure is met prior to the issuance of occupancy permit.
Mitigation Measure
MM 4.5-7
Grounding for dry
bulk fertilizer
building
Prior to occupancy of the bulk dry fertilizer building, the bulk dry fertilizer building
shall be grounded against lighting strikes to the satisfaction of the Butte County
Building Division.
Plan Requirements: Provide lightening arrestors or equivalent on tall structures. Show grounding to code
during plan check for the bulk dry fertilizer building.
Timing: Grounding should be shown at plan check. Installation prior to occupancy.
Monitoring: Butte County Building Division will incorporate this requirement into plan check ad
inspection.
Mitigation Prior to occupancy for any proposed tank, the tank shall be grounded against
Measure MM 4.5-8 lighting strikes to the satisfaction of the Butte County Building Division.
Grounding for all
Tanks
Plan Requirements: Show grounding to code during plan check for the any tank.
Timing: Grounding should be shown at plan check. Grounding shall be installed prior to first use.
Monitoring: Butte County Building Division will incorporate this requirement into plan check and
inspection.
Miti ag tion If zinc phosphide, or other potentially water reactive chemica[ are handled, they
Measure MM 4.5-9 shall be isolated from the sprinkler system in a manner meeting or exceeding the
Separation of regulatory requirements of the California Fire Code, Chapter 44, Water Reactive
Water Reactive Solids and Liquids to the satisfaction of Butte County Fire.
Chemicals
Plan Requirements: Physical separation from the sprinkler system sha!! be provided for Zinc phosphide,
and other potentially water reactive chemicals.
Timing: Confirmed prior to occupancy of the package chemica! facility, and ongoing.
Monitoring: Plan checkstaff and inspectors far the Butte County Building Division will ensure that this
measure is met prior to issuance of occupancy permit, to the satisfaction of the Butte County Fire
Department.
Mitiga#ion Measure
MM 4.7-1
Construction Noise
Place a Condition of Approval on the Use Permit that states: "To reduce
construction-generated noise the developer shall implement the following
measures to mitigate construction noise throughout all construction periods:
1. Limit noise-generating construction activity in excess of 50 dB,
including generators, backhoes, jackhammers, augers, and power
saws to daytime hours (7:D0 a.m. to 5:00 p.m.) with no noise-
generating construction activity in excess of 5D dB on Saturdays,
Sundays or holidays. Exterior noise levels shalt be measured J.00 feet
away from the nearest residence, if that point remains an the noise-
sensitive property; otherwise, noise levels shall be measured at
property line.
2. Use best available noise suppression devices and properly maintain
and muffle diesel engine-driven construction equipment;
3. Construction equipment shall not be idled for long periods of tune;
~4. Locate stationary equipment as far as possible from sensitive
receptors;
5. Designate a Disturbance Coordinator and post the name and phone
number of this person conspicuously at the entrance(s) to the project
site so it is clearly visible to nearby residents most likely to be affected
by construction noise. This person would manage complaints resulting
from construction noise. The Disturbance Coordinator shall contact
noise sensitive receptors and advise them of the schedule of
construction."
Plan Requirements: This Condition of Approval shall be required on the Use Permit.
Timing: Requirements of the condition steal! be adhered to throughout site development activities on the
parcel.
Monitoring: The Butte County Department of Development Services sha!! ensure that this Condition
of Approval is required on the Use Permit. Violations of the mitigation will be reviewed by the
Department of Development Services on a complaint basis.
EXHIBIT C
STATEMENT OF OVERRIDING CONSIDERATIONS FOR
APPROVAL OF THE HELENA CHEMICAL COMPANY'S
NELSON TERNIINAL PROJECT USE PERMIT UP10-0003
In approving the Helena Chemical Nelson Terminal Project (also referred to herein as
"Project") which is evaluated in the Final Environmental Impact Report for Helena
Chemical Nelson Terminal Project (State Clearinghouse Na 2011092061) {"Final EIR"),
the County makes the fallowing Statement of Overriding Considerations in support of its
findings on the EIR and in support of the Project. The Board of Supervisors has
considered the information contained in the EIR, and has fully reviewed and considered
the public testimony and record in this proceeding.
Pursuant to CEQA Guidelines Section 15493, the Board of Supervisors may fmd that
specific economic, legal, social, technological, or other benefits of the Project outweigh
its acknowledged environmental consequences. As such, a statement of overriding
considerations is hereby adopted.
The Board of Supervisors hereby finds and declares, based upon substantial evidence in
the entire record, that specific economic, legal, social, technological or other benefits of
the Helena Chemical Nelson Terminal Project outweigh the Project's acknowledged
environmental impacts.
The Findings of the Boazd of Supervisors, set forth in Exhibit 1 to the Resolution
Certifying the EIR, identify the environmental impacts of the Project, as well as feasible
mitigation measures that have been incorporated into the Project.
For environmental impacts remaining significant after the imposition of feasible
mitigation measures identified in Exhibit 1 to the Resolution Certifying the EIR a
Statement of Overriding Considerations is hereby adopted.
SIGNIFICANT AND UNAVOIDABLE IMPACTS
The environmental analysis of the Draft EIR and Final EIR fmds certain impacts of the
proposed project to be significant and unavoidable even after the imposition of any
feasible mitigation measures.
The following five Significant and Unavoidable (S&U) environmental impacts of the
project at the Nelson Project Site were identified in Chapters 4.1 through 4.8 and Chapter
6.0 of this EIlt. Two of the S&U impacts are project-specific impacts due to site location
or project operations:
Impact 4.2.1 Site Conversion of Farmland to non-agricultural use. The project will
Agricultural convert approximately 10 acres of Prime Farmland, Unique Farmland, or
Resources Farmland of Statewide Importance {Farmland) to non-agricultural use.
Page 1 of 5
Impae# 5.0 Development of the Helena project site may pre-dispose the adjacent
Growth Gore and O'Shea parcels (totaling approximately 39 acres} for unplanned
Inducing growth.
Impacts
Three of the S&U impacts were identified because the project was found to contribute in
cumulatively considerable levels to significant cumulative impacts identified as a result
of implementing the Butte County General Plan. The project `considerably contributes'
to the following significant and unavoidable impacts from build-out of the County's
General Plan through 2030:
CUM Impact Cumulative Conversion of Farmland to non-agricultural use. The
4.2.b project will, in combination with other past, present, and future projects
Agricultural and GP2030 buildout, result in conversion of Farmland to non-
Resources agricultural use. This impact was previously addressed in the
GPEIR
CUM Ambient noise levels in the vicinity of the project are in excess of
Impact 4.x.5 County standazds. While ambient noise levels in Nelson in excess of
Noise County standards do not result from the Nelson Terminal project, they
will nevertheless occur and be marginally/incrementally increased by
the project. This is a significant cumulative effect not specifically
evaluated with GP2430.
CUM Impact The cumulative traffic impacts in Butte County through 2030 were
4.8.5 assessed in the Butte County General Plan EIR and found to be
Transport- Significant and Unavoidable for some intersections which will be
ation utilized by the Nelson Terminal Project. This project would
incrementally contribute to Significant and Unavoidable traffic
impacts with build out of the General Plan through the year 2030 as
envisioned in the GPEIR. This impact was previously addressed in
the GPEIR.
STATEMENT OF OVERRIDING CONSIDERATIONS
The Boazd of Supervisors finds that to the extent identif ed significant adverse impacts
have not been mitigated to less-than-significant levels, the benefits of the Project,
identified herein, outweigh its acknowledged environmental consequences, and support
approval of the proposed Project, including Use Permit UP 10-0003.
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Economic and Social Considerations include:
1. The Project supports an efficiently transported and readily-available supply of
crop production and protection materials to the local and regional agricultural
community.
2. The Project will generate property and sales tax revenues.
3. The Project will generate ongoing employment opportunities associated with:
transportation of product to and from the facility plus employment for
approximately six (5) warehouse personnel.
4. The Project will generate short-term employment associated with construction
of the Nelson Terminal facilities and associated improvements.
5. The Project is anticipated to result in reduced use of fuels, and thus reduced
transportation costs, because it will transport products to markets in Butte
County and surrounding agricultural areas by rail, rather than by truck. It is
expected that when fully operational up to 11 railcars per week will be
dropped-off and picked-up at the facility. Union Pacific Railroad (UPRR}
provides rail services along its normal northern route, with or without the
Nelson Terminal Project. The UPRR line runs adjacent to the project site, and
the UPRR has approved the extension of a railroad spur, to be developed by
the project, to facilitate rail deliveries to the project site.
6. The County seeks to facilitate business development and "Construction of the
Nelson Terminal project will allow Helena to compete with other fertilizer,
pesticide, and herbicide distributors in Butte County and the surrounding
region," John Crow, manager of Helena's Chico facility, June 14, 2412 before
the Planning Commission.
Environmental Considerations include:
1. The Project is anticipated to result in fewer vehicle trips on area roadways
than would have occurred without the proposed project due to increased
delivery of products to the site by rail. Air quality analysis prepared for the
Project reports that if the Nelson facility is not built, 18 loads per day of dry
bulk fertilizer will originate in Stockton and will not be delivered by rail.
2. The Project is anticipated to result in reduced use of fuels, and thus fewer our
emissions from the use of fuel, because it will transport products to markets in
Butte County and surrounding agricultural areas by rail, rather than by truck.
It is expected that when fully operational up to 11 railcars per week will be
dropped-off and picked-up at the facility rather than 18 truckloads per day
without the Project. Union Pacific Railroad (UPRR) provides rail services
along its normal northern route, with or without the Nelson Terminal Project.
The UPRR line runs adjacent to the project site, and the UPRR has approved
the extension of a railroad spur, to be developed by the project, to facilitate
rail deliveries to the project site.
3. The project promotes the State's AB 32 Scoping Plan compliance goals, as the
project would develop an agricultural chemical storage and distribution
facility to serve the applicant's existing customer base in a manner that would
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reduce Helena's truck transportation dependency as well as gasoline and
diesel consumption and related GHG emissions.
4. The Project will result in a net decrease in NOx emissions of 42.b3 lb/day
because fertilizer will not have to be transported by truck from Stockton, as is
done under current conditions.
a. Anticipated NOx emissions with the Helena Nelson Terminal represent a
net decrease in NOx emissions from company operations as compared to
current practices in combination with expected growth in product demand.
The RME analysis reports that "The analysis for this facility is based on
i 8 loads per day of fertilizer being hauled during the busy season of
March through June. If the Nelson facility is not built, these 18 loads per
day will have to originate in Stockton."
b. The NOx emissions associated with hauling 18 loads per day of fertilizer
to Butte City and Chico from Stockton are 107.71 lb.lday, round trip.
Once the facility is operational, products can be carried by rail as part of a
train that will already be transporting materials far other customers. (The
train will operate regardless of whether the Nelson facility is constructed
or not and the emissions associated with the train will occur regardless of
whether the Nelson facility is constructed or not.)
c. Thus, construction of the Nelson facility will result in a net decrease in
NOx emissions of 79.221b/day as compared to current practices.
The Board of Supervisors has balanced these considerations against the unavoidable
and irreversible environmental consequences identified in the EIR and has concluded
that those impacts are outweighed by the economic, social, environmental, and other
benefits arising from the project. Upon balancing the environmental risk and
countervailing environmental benefits, the Board of Supervisors has concluded that
the environmental benefits that the County will derive from the implementation of the
Project, when combined with the other beneficial considerations discussed in this
Section, outweigh those environmental consequences.
CONCLUSION
1. The Project includes an EIR prepared pursuant to the CEQA Guidelines. The
Board of Supervisors has independently determined that the Final EIR fully and
adequately addresses the impacts and mitigations of the proposed operation.
2. The number of project alternatives identified and considered in the EIR meets the
test of "reasonable" analysis and provides the Board of Supervisors with
important information from which to make an informed decision.
3. Public noticing and involvement in the process, as demonstrated in the record,
met or exceeded statutory requirements.
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4. Substantial evidence in the record demonstrates various benefits and
considerations including economic, social, environmental and other benefits
which the County would derive andlor face from the implementation of the
Project.
5. The Board of Supervisors has balanced these Project benefits and considerations
against the unavoidable and irreversible environmental risks identified in the EIIi.
and has concluded that those impacts are outweighed by the Project benefits.
Upon balancing the environmental risk and countervailing Project benefits, the
Board of Supervisors has concluded that the benefts that the County will derive
from the implementation of the Project, as compared to the existing and planned
future conditions, outweigh those environmental risks.
6. The Board of Supervisors believes that the above~referenced Project benefts
override the significant, unavoidable and irreversible environmental impacts
identified in the Helena Chemical Nelson Terminal Project EIR.
Therefore, for the reasons enumerated above, the Board of Supervisors finds that any
remaining effects on the environment attributable to the Project, which are found to
be unavoidable in the preceding Findings of Fact, are acceptable due to the overriding
concerns set forth in this Statement of Overriding Considerations. Therefore, the
Board of Supervisors hereby adopts this statement of overriding considerations,
certifies the Final EIR, and approves the Project subject to appropriate mitigation
requirements and conditions of approval.
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