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HomeMy WebLinkAbout13-049RESOLUTION NO.13-049 WHEREAS, the Board of Supervisors has considered the appeal of the Planning Commission denial of Conditional Use Permit UP11-0002 by the applicant, Pristine Sun, LLC, at a duly noticed public hearing on March 26, 2013 in accordance with Chapter 24; Article 37, Appeals and Calls for Review, of the Butte County Code on Assessor's Parcel Number 027-220-084; and WHEREAS, said Conditional Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, duly noticed public hearings were held by the Planning Commission on January 24, 2013 and February 28, 2013; and WHEREA5, the Board of Supervisors has considered public comments, reports from the Planning Division, the action from the Planning Commission, and the appeal letter on record. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: I. Adopts the Mitigated Negative Declaration prepared pursuant to the requirements of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified potentially significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; B. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any comments received, there is no substantial evidence that the Conditional Use Permit for Pristine Sun LLC, Planning Division File No. UP11-0002, with conditions and mitigations here attached, would have a significant effect on the environment. The custodian of the record is the Land Development Division of the PubNc Works Department. The location of the record is 7 County Center Drive, Oroville CA 95965. D. The Mitigated Negative Declaration reflects -the independent judgment and analysis of the County, which is the Lead Agency. IL Finds that collection of fees pursuant to Fish and Game Cade Section 711.4 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 a required fee is not paid A RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF BUTTE, STATE OF CALIFORNIA MAKING FINDINGS AND GRANTING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT UP11-0002 (PRISTINE SUN, LLC) far a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c)(3)). III. Makes the following findings regarding Conditional Use Permit UP11-0002: A. The design and improvements of the proposed Conditional Use Permit are consistent with County standards and policies provided all conditions of project approval are complied with. 13. The project site is physically suitable for the proposed solar facility. C. The design and improvements of the project will not conflict with easements acquired by the public at large for access through or use of property within the proposed Conditional Use Permit provided the attached conditions are met. D. The project site is not located within an earthquake fault zone. E. The proposed use is allowed in the applicable zone. The project is zoned AG-20 (Agricultural 20-acre minimum). The Agricultural Zone identifies utilities under four categories: Minor, Accessory, lntermedlate and Major. This project falls under the Major Utility category. This project is a major utility which requires a conditional use permit. The Important Farmland Map identifies the project site as "grazing land." Stoff prepared a Land Evaluation Site Assessment (LESAJ based on additional information and it was determined on the LESA, the project would not be considered to have a significant impact to agricultural land under CEQA. F. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with residential, agricultural and vacant parcels. The overall size of the project, 5 acres, encompasses approximately I2.59o of the 40 acre parcel. The location of the facility on the parcel is proposed to be approximately 300 feet north of Cox Lane. Based on the distance, 300 feet, from Cax Cane, the 6 foot high screened fencing, landscape screening along the southern, eastern and western fencing and the limited height of the solar equipment, 8 to 10 feet about the ground, the project is compatible with surrounding uses. G. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The Initial Study/Mitigated Negative Declaration for the project concluded that people living near the proposed solar facility would not be exposed to significant levels of radio frequency (fiF) emissions from the solar panels, the inverter or the additional power lines. The nearest residential dwelling to the proposed facility is approximately 450 feet and to the inverter is approximately b75 feet. According to researchers at the Brookhaven National Laboratory, regardless of the specific technology, photovoltaics generate significantly fewer harmful air emissions (at least 899oj per kilowatt-hour (KWhJ than conventional fossil fuel frred technologies (Vasilis, 2008). H. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. Implementation of the project would not require domestic water or wastewater treatment, or solid waste facilities. !t would not be in conflict with any statutes or regulations relating to solid waste, nor would it employ equipment that would introduce interference into any system. The project will be tying into the existing PG&E power lines which are sufficient to handle up to 0.5 megawatt (MWj (500 kilowatt, kWJ. The project would not increase the level of demand for fire protection service needed on the site because solar facilities do not normally require such services. The proposal would not result in an increase in demand for school facilities in the area. The project would not result in any impacts to area parks and facilities. I. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is located in a rural area with residential, agricultural and vacant parcels. The overall size of the project, 5 acres, encompasses approximately 12.590 of the ~40 acre parcel. Mitigation measures are included to protect wildlife and the project is designed to meet setback requirements from Wyandotte Creek. The solar facility is anticipated to have a life span of 20 to 25 years, with a potential for replacement of solar panels and other equipment. When the facility is no Longer needed, the applicant has provided a decommissioning plan and will restore the site back to pre-project conditions. J. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties ar improvements in the vicinity. IV General Plan Policies: A. AG-Pi.i The County supports the State and federal legislation designed to conserve soil and protect agriculture land. The site has been used far parse grazing. The project parcel is not identified as "Prime Farmland', "Farmland of Statewide Importance" ar "Unique Farmland" by the Farmland Mapping and Monitoring Program (FMMP) Important Farmland Map. Alternative energy facilities of this type are permitted with approval of a conditional use permit. The project site is identified as "Grazing Land" by the FMMP Important Farmland Map. Staff prepared a Land Evaluation Site Assessment (LESAj based on additional information and it was determined on the LESA, the project would not be considered to have a significant impact to agricultural land under CEQA. W-P1.7 Agriculture, logging, mining, recreational vehicle use and other open space uses shall follow best management practices to minimize erosion and protect water resources. The project includes mitigation measures and conditions of approval that will implement requirements to address erasion and the identified seasonal creek on site. W-P3.3 The County shall protect groundwater recharge and groundwater quality when considering new development projects. No water or wastewater facilities are proposed in this project. The water source for ongoing project maintenance needs (cleaning/rinsing-off the panels) will be brought to the site in a water truck set up for cleaning the panes. The applicant will only use water far cleaning the panels. Eighteen hundred gallons of water will be used twice a year to clean the panels. The water will drain from the panels onto the ground. There are na cleaning agents used to wash the panels. COS-Pi.i Greenhouse gas emission impacts from proposed development projects shall be evaluated as required by the California Environmental Quality Act. Given the net greenhouse-reducing short-term duration and limited scope of the construction/development activities, and the infrequent maintenance truck trips needed to maintain the facilities, the project is not expected to generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. There are no applicable State or Iota! regulations or plans for greenhouse gas reduction with which the project could comply. However, given that the proposed facility is expected to be a net greenhouse gas reducer, it is reasonable to state that the project wiI! not conflict with a» applicable plan, policy or regulation adapted for the purpose of reducing the emissions of greenhouse gases. COS-P3.2 The development of renewable fuel sources in the county shall be encouraged, provided that such fuel sources can be built or expanded and that significant adverse environmental impacts associated with such development can be successfully mitigated. COS-P3.7 Wind power generation facilities, solar power generation facilities, and other alternative energy facilities shall be encouraged in all General Plan land use designations, consistent with zoning provided that significant adverse environmental impacts associated with such development can be successfully mitigated. All new proposed energy projects shall be compatible with the Military Operations Areas (MOAs} Figure I_U-5. The General Alan (GP2030J adopted by Butte County in October, 2010, which designated the project site with the Agriculture land use designation, specifically authorizes the development of solar power generation facilities in the Agriculture land use designation. The project was reviewed by the Intergovernmental Planner for the NAVFACSW lntergovernmenta! Branch AM-3. The project site is not identified as being located in either of the Military Airspace Overlay areas. C05-P7.3 Creeks shall be maintained in their natural state whenever possible, and creeks and floodways shall be allowed to function as natural flood protection features during storms. The proposed project development footprint may impact the function ar flow of Wyandotte Creek; however, the project has an adequate setback from the creek per mitigation measures. COS-P7.4 New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP} and Natural Community Conservation Plan (NCCP} within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP. The project site may be habitat for special-status species. Mitigation measures have been identified to avoid any potential negative effects that construction may have on these habitats. COS-P7.S No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP} and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP. The subject property captains potentia! wetlands that have been avoided by restricting the project footprint through mitigation measures to avoid and minimize impacts and mitigate for unavoidable impacts. C05-P7.6 New development projects shall include setbacks and buffers along riparian corridors and adjacent to habitat for protected species, except where permitted in the Butte Regional Habitat Conservation Plan (HCP} and Natural Community Conservation Plan (NCCP) Planning Area and where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP. Per dlscusslon above, the project may encroach on critical habitats or rlparlan corrldors. The project as conditioned will conform to mitlgatlon measures that mandate appropriate setbacks from these resources. COS-P7.7 Construction barrier fencing shall be installed around sensitive resources on or adjacent to construction sites. Fencing shall be installed prior to construction activities and maintained throughout the construction period. !n the event that resources are observed by a qualified biologist or botanist, there are mitigation measures in place that will mandate proper fencing. COS-P7.8 Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will provide information on the on-site biological resources (sensitive natural communities, special-status plan and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations. Per required mitigation measures, construction crews will be educated on preventing the loss or destruction of on-site biological resources. COS-P7.9 A biologist shall be retained to conduct construction monitoring in and adjacent to all habitats for protected species when construction is taking place near such habitat areas. Per required mitigation measures, a biologist w!!! be procured to monitor the site during construction. C05-P7.10 Long-term recovery plans for areas affected by wildlife shall incorporate native species and enhance wildlife habitat. The project as proposed !ncludes a reclamation plan that w!!! address the long term health of native species and w!!dlife habitat. COS-P8.1 Native plant species shall be protected and planting and regeneration of native plant species shall be encouraged, wherever possible, in undisturbed portions of development sites. The project may encroach on critical habitats or riparian corrldors. The project as proposed will conform to mitigation measures that mandate appropriate setbacks from these resources. Native and non-invasive groundcover will be planted under the arrays and between array rows post- construction. The project as proposed !ncludes a reclamation plan that w!!! address the long term health of native species and wildlife habitat. COS-P8.3 Native plants shall be used wherever possible on County-owned and -controlled property. Per genera! plan policies COS-S; COS-P8.1; C05-P8.1; COS-P&.3, native and non-invasive groundcover w!!! be planted under the arrays and between array rows post-construction. COS-P8.4 Introduction or spread of invasive plant species during construction of development projects shall be avoided by minimizing surface disturbance; seeding and mulching disturbed areas with certified weed-free native mixes; and using native, noninvasive species in erosion control plantings. Per mitigation measures, a Naxiaus Weed Control Plan (as discussed in the Agricultural Resources section of the attached Initial Study/Mitigated Negative Declaration) will be implemented and obeyed throughout the projects construction process. COS-P9.1 A biological resources assessment shall be required for any proposed development project where special-status species or critical habitat may be present. Assessments shall be carried out under the direction of Butte County. Additional focused Sllrvey5 shall be conducted during the appropriate season if necessary. Upon adoption of the Butte Regional Habitat Conservation Plan [HCP} and Natural Community Conservation Plan [NCCP}, assessment requirements of the HCP/NCCP shall be implemented for development projects within the HCP/NCCP area. A biological assessment has been performed. Mandatory mitigation measures are in place that will protect special status species. COS-P9.2 if special-status plant or animal species are found to be located within a development site, proponents of the project shall engage in consultation with the appropriate federal, State and regional agencies and mitigate project impacts in accordance with State and federal law. Upon adoption of the Butte Regional Habitat Conservation Plan [HCP) and Natural Community Conservation Plan [NCCP), mitigation requirements of the MCP/NCCP shall be implemented for development with the HCP/NCCP area. Examples of mitigation may include: a. Design the proposed project to avoid and minimize impacts. b. Restrict construction to specific seasons based on project-specific special-status species issues [e.g. minimizing impacts to special-status nesting birds by constructing outside of the nesting season}. c. Confine construction disturbance to the minimum area necessary to complete the work. d. Mitigate for the loss ofspecial-status species by purchasing credits at an approved conservation bank [if a bank exists for the species in question}, funding restoration or habitat improvement projects at existing preserves in Butte County or purchasing or donating mitigation lands of substantially similar habitat. e. Maintain a minimum 50-foot buffer on each side of all riparian corridors, creeks and streams for special-status and common wildlife. f. Establish setbacks from the outer edge ofspecial-status species habitat areas. No special-status plant or animal species were observed within the 5-acre development footprint. Mandatory mitigation measures are in place that avoid the destruction of habitat and establish setback for the proposed project. The project complies with these requirements. COS-P17.1 Views of Butte County's resources, including water features, unique geological features and wildlife habitat areas shall be maintained. The project proposes development on a vacant portion of a farm field, which itself is not a notably visible or scenic vista within the County. However, it is located in a valley location where there are views of the foothills of the Sierra Nevada Mountains to the east and north from many locations. The project has the potential to affect some of these scenic views. However, due to the limited height 8 to 10 feet, the project will not impact any water, unique geological features or wildlife habitat areas. Butte County has not promulgated regulations for the protection of scenic views from 'private' land. Apart from the height restrictions in Article 4, Sections z4-14 D.2 and 3 and Article 25, Section 157 C 3, there are no restrictions or protections in Butte County's codes which ensure that existing scenic views Pram individual residences will be maintained. Views from individual properties are therefore not a specifically protected property right in Butte County. B. Based on the above analysis, the proposed project is consistent with the applicable General Plan Policies. V. Approves Conditional Use Permit UP11-0002 for Pristine Sun LLC, subject to the conditions in Exhibit "A" PA55ED AND ADOPTED by the Butte County Board of Supervisors this 26th day of March, 2013 by the following vote: AYES: Supervisors Kirk, Lambert, Teeter and Wahl NOES: Supervisor Connelly ABSENT: None NOT VOTING: None __ B1LL CONNELLY, Chair Butte County Board of Supervisors ATTEST: By: Paul Clerk of Attachment: Exhibit A -Conditional Use Permit UP11-0002 Conditions of Approval. EXHIBIT A USE PERMIT BUTTE COUNTY BOARD OF SUPERVISORS DATE: (Certified Mail Rec,) UP1I -4002 PERMIT NO. 027-220-084 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Pristine Sun is hereby granted a Use Permit to develop a 0.5 megawatt (MW} (500 kilowatt, kW) Solar Energy Generation Facility, for wholesale electrical production, composed of 2,O1 b pale-mounted, single axis tracking photovoltaic modules to be situated on approximately 5.0 acres on the southeastern portion of the 40.91-acre site. 1. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code, Chapter 24, Article 34, Section 251 Permit Revocation or Modification. 2. Unless otherwise provided for 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 Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 247 Time Limits and Extensions. 3. Minor changes may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. Tf any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefzt of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: Planning Division 1. Mitigation Measure #1-(Noxious Weeds Management Plan} In compliance with General Plan Policy COS-P$.4, place Condition of Approval on the Use Permit that states: "Prior to implementing any approved uses, submit a Noxious Weed Control Plan for approval by the Agricultural Commissioner." Plan Requirements: This Condition of Approval shall be required on the Use Permit. Timing: Requirements of the condition shall be adhered to throughout the approved use on the parcel. Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Use Permit and on all building and site development plans. This Conservation Measure must be completed prior to final inspection for the first building permit. Violations of the mitigation will be reviewed by the Butte County Agricultural Commissioner's Off ce on a complaint basis. 2. Miti ation Measure #2 -{Nuisance and Fugitive Dust Emissions) Place a condition of Approval on the Use Permit requiring implementation of the following protections for air quality, consistent with BCAQMD best practices: 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 an unpaved roads. e. Haul vehicles transporting soil into or 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 20S-Fugitive Dust Emissions or Department of Public Works in order to control dust. Post 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 regard to Rules 200 & 205. The 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. Mainfain all construction equipment in proper tune according to manufacturer's specification. j. Where feasible, give preference to utilizing the following equipment: 1. Electric equipment 2. Substitute gasoline-powered for diesel-powered equipment 3. Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas {LNG), propane, or biodiesel. 4. Equipment that has pre-chamber diesel engines, as practical. 5. Diesel construction equipment meeting the CARB'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: This note shall be placed as a Condition of Approval on the Use Permit and a note on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services shall ensure that these requirements are a Condition of Approval of the Use Permit, and that the note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints. 3. Mitigation Measure #3 - (Raptor survey) If construction occurs between l March and 15 September, a qualified biologist shall survey the project site and within 250 feet of the site for nesting birds of prey and migratory birds no more than thirty days prior to the initiation of construction. Results of the preconstruction survey shall be submitted to the Butte County Development Services Department for review and acceptance. 1. If an active nest is located within 250 ft. of the project site, a biologist will monitor the nest weekly during construction to evaluate potential nesting disturbance caused by construction activities. The biological monitor will have the authority to stop construction if construction appears to be resulting in nest abandonment or forced fledging. 2. If an active nest occurs in a tree scheduled for removal, the species of bird using the nest will be determined. Raptor nest trees will be preserved until it is outside of the breeding season for that species or until the young have fledged. If construction cannot be delayed until the end of the breeding season, guidance from DFG shall be requested. Timing: Prior to and during construction. Monitoring: Developnr~ent Services Department 4. Mitigation Measure #4 - (Burrowing Owl) Prior to the issuance of development permits and no more than thirty {30) days prior to any ground disturbance, a qualif ed biologist shall conduct a protocol level survey to determine presence of California burrowing owl in { 1) the area between the banks of Wyandotte Creek that are within 500 feet of the proposed disturbance area, and (2) whatever un-disked/graded areas that also may be within 500 feet of the proposed disturbance area. If burrowing owl is {are) found to exist within this survey area, appropriate development exclusion buffers shall be determined and established in consultation with the California Department of Fish and Game in order to avoid and preserve said resources. If avoidance of all or any burrowing owl is not feasible, mitigation for impacts shall be determined in consultation with the California Department of Fish and Game. Timing: Prior to and during construction. Monitoring: If preconstruction surveys are required, the Planning Division shall ensure that said pxeconstruction surveys are performed no more than thirty {30} days prior to disturbance and, if burrowing owl are present, shall ensure that adequate avoidance and/or mitigation measures are implemented as determined in consultation with the California Department of Fish and Game. 5. Miti aYron Measure #5 - (Giant Garter Snake) Construction related activities have the potential to impact the Giant Garter Snake (GGS}. Therefore, the following mitigation measure is required: "Prior to any surface disturbance activities (grading, excavation or construction} on non- paved areas, the developer shall implement the following measures, or measures which may be adopted through the Butte Regional Habitat Conservation P1anlNatural Community Conservation Flan, to avoid any impacts to Giant Garter Snake and the habitat upon which it relies, ax shall mitigate potential impacts to the satisfaction of the California Department of Fish and Game. 1. Construction activities should be conducted only between Ma 1 and October 1. This is the active period for giant garter snake and direct mortality is lessened, because snakes can be detected, and can move out of the way of machines and people to avoid injury or death. (see #12 below for other option) 2. Twenty-four (24} hours prior to construction activities, the project area must be surveyed by a qualified biologist for giant garter snakes and habitat upon- which it xelies. The survey of the project area shall be repeated if a lapse in construction of two weeks or greater has occurred. If a snake is encountered during construction, activities shall cease until appropriate corrective measures have been completed or it is determined by a qualified biologist that the snake will not be harmed. Sightings andlor incidental harm to snakes shall be immediately reported to the Fish and Wildlife Services ({916) 414-6600} and the Department of Development Services ({530} 538-7601}. 3. Based on the site survey, the qualified biologist must flag and designate snake habitat areas to be voided within or adjacent to the project area as Envirorunentall~Sensitive Areas. This area must be avoided by all construction personnel. 4. Land clearing activities must be canf ned to the minimal area necessary to facilitate construction activities. Limit vegetation clearing within 200 feet of the banks of potential giant garter snake aquatic habitat to the minimal area necessary. 5. Construction activities within 200 feet from the banks of giant garter snake aquatic habitat must be avoided. Confine the movement of heavy equipment within 200 feet of the banks of potential giant garter snake aquatic habitat to existing roadways to minimize habitat disturbance. 6. Prior to ground disturbance (grading, excavation and construction), all on-site construction personnel shall be given Fish and Wildlife Service-approved instruction by a qualified biologist regarding how to recognize the presence of Giant Garter Snake and the importance of avoiding impacts to these species and their habitats. 7. In areas where wetlands, irrigation ditches, marsh areas or other potential giant garter snake habitats are being retained on the site: a. Install temporary fencing at the edge of the construction area and the adjacent wetland, marsh, or ditch. b. Restrict working areas, spoils and equipment storage and other project activities to areas outside of marshes, wetlands and ditches. c. Maintain water quality and limit construction runoff into wetland areas through the use of hay bales, filter fences, vegetative buffer strips, or other accepted equivalents. S. If on-site wetland, irrigation ditches, marshes, etc. are being relocated in the vicinity, the newly created aquatic habitat shall be created and filled with water rim or to dewatering and destroying the existing aquatic habitat. In addition, non-predatory fish species that exist in the aquatic habitat and which are to be relocated shall be seined and transported to the new aquatic habitat concurrent with the dewatering of the existing site. 9. If wetlands, irrigation ditches, marshes, etc. will not be relocated in the vicinity, then the aquatic habitat shall be dewatered at Ieast two weeks prior to commencing construction. 10. Any areas de-watered related to construction must remain dry for at least 1 S consecutive days after April 15 and prior to any excavation of filling of the dewatered area. 11. After completion of construction activities, all temporary fill and construction debris shall be removed whenever feasible and disturbed areas shall be restored to pre- project conditions. Required restoration work may include replanting of species removed from banks or replanting emergent vegetation in the active channel. 12. If construction is proposed between October 2 and A ril 30, prior to any ground disturbance the project proponent shall conduct California Department of Fish and Game-recommended protocol level survey. Prior to any ground disturbance or construction, the results of such survey shall be submitted to the Department of Development Services. Prior to any ground disturbance or construction the Director of the Department will identify and require appropriate mitigation measures, consistent with the f ndings of the survey. 13. All requirements above shall be noted in full on the site plan for any development permits {including but not limited to septic, well and building permits) issued by Butte County. Tinning: Requirements of the mitigation measure shall be adhered to throughout all grading, excavation, and construction periods. Mani#oring: Departments of Development Services will ensure that the requirements of the mitigation measure shall be adhered to during construction. The on site inspectors of the Building Department will ensure that the requirements of the mitigation measure are adhered to throughout all grading, excavation, and construction periods. " 6. Measure #6 - {Western Pond Turtle) No less than 24-hours prior to the commencement of construction activities, a precanstruction survey shall be conducted by a USFWS-approved biologist to survey for western pond turtle. Surveys will include western pond turtle nests as well as individuals. The project site shall be re-inspected by the monitoring biologist whenever a lapse in construction activity of two weeks or greater has occurred. if western pond turtles are found within the project area, the biologist {with the appropriate agency permits or approvals} will temporarily move individuals outside of the project area into a suitable habitat upstream of the construction area. Following the pre-construction survey, a temporary wildlife barrier such as silt fencing shall be placed around the construction site to prevent ingress of turtles. Fencing will be established in upland immediately adjacent to turtle habitat and extending up to 200 feet from construction activities. Areas outside of the silt fencing shall be avoided by all construction personnel. The fencing shall be inspected by the Contractor before the start of each work day and maintained by the Contractor until completion of the proposed project. The fencing may be removed only when the construction of the proposed project is completed. Timing: Requirements of the mitigation measure shall be adhered prior to construction activities. Monitoring: The Butte County Department of Development Services shall ensure that the pre construction survey is completed by a USFWS-approved biologist prior to construction activity. 7. Miti ation Measure #7 - {Wetlands) Prior to any ground disturbance, or the issuance of any building permit, the applicant shall submit written verification that any necessary permits have been secured from the US Army Corps of Engineers (USACOE). If permits are not required, provide written correspondence from. USACOE. Plan Requirements: Provide documentation to the Department of Development Services that the regulatory requirements of USACOE have been met. Timing: Prior to issuance of development permits and ground disturbance. Monitoring: The Butte County Department of Development Services shall confirm verification process has been completed or have received correspondence from ACOE that no impacts will occur with this project. $. Mitigation Measure #& - (Monitoring Costs) The Department of Development Services (DDS) is responsible for monitoring the landowner's compliance with all Conditional Use Permit conditions of approval as detailed above. As the cost of ongoing monitoring of Measures and Conditions of Approval is not included in the County's application fees, at the discretion of the Director of DDS (Director), the cost of DDS staff and consultant time directly related to the monitoring of compliance with Conditional Use Permit conditions of approval may be billed to and borne by the landowner at the established DDS Planning Division hourly rate. The current fee amount established in Butte County Code and implementing resolutions for Mitigation Measure and Condition of Approval Monitoring (currently $1,031.79) shall be paid within 30 days of the date of project approval. Regarding the monitoring of relevant mitigation measures and conditions of approval after construction, 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 mitigation 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 andlor final inspections at the discretion of the Director of DDS, andlor permit revocation or modification as provided by Section 24-251 of Butte County Code. Timing: Monitoring costs shall be paid within 30 days of project approval. Monitoring: The Butte County Department of Development Services shall ensure adequate monitoring funds are available to ensure adequate ongoing Measure and condition of approval monitoring. 9. Mitigation Measure #9 - {Biologist for Construction Monitoring} A qualified biologist and/or botanist shall be retained by the applicantldeveloper to the satisfaction of the Department of Development Services to conduct construction monitoring in and adjacent to all habitats for protected species when construction is taking place near such habitat areas. The biologist will submit weekly monitoring reports to the Department and the applicant/developer. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Butte County Department of Development Services shall ensure compliance with this requirement. 10. Miti ation Measure #10 - (Construction Employee Training} The qualified biologist and/or botanist retained by the applicant/developer to the satisfaction of the Department of Development Services to conduct construction monitoring will provide mandatory training to construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource azeas. The qualified biologist and/or botanist will provide information on the on-site biological resources (sensitive natural communities, special-status plan and wildlife habitats, nests of special- status birds, etc.}, avoidance of invasive plan introduction and spread, and the penalties for not complying with biological mitigation requirements and other State and federal regulations. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Butte County Department of Development Services shall ensure compliance with this requirement. 11. Mitr~ation Measure #11- (Construction Barrier Fencing) Construction barrier fencing shall be installed, at a distance specified by the qualified biologist andlor botanist 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 delineatelstake-out the location of this fencing. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Butte County Department of Development Services shall ensure compliance with this requirement. I2. Conservation Measure #12 - (Cultural Resources) Place a Condition of Approval on the Use Permit UPI I-0002 that states the following options: I . A qualif ed professional archeologist shall be on site during ground disturbing activity; or 2. if determined, by the Tsi-Akim Maidu Tribe, that the amount of ground disturbing activity is minor, on site monitoring is not required, but the following shall apply: "During any excavation or other substantial subsurface disturbance activities, individuals conducting the work should be advised to watch far 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, tools or grinding rocks, etc.), or historic cultural resources (adobe foundations or walls, structures and remains with square nails, refuse deposits or bottle dumps, often associated with wells 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 ({530) 538-65'19). 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 law, to arrange for Native American participation in determining the disposition of such remains." Plan Requirements: The Condition of Approval shall be required on the Use Permit UP I I -0002 and on all building and site development plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: The Department of Development Services shall ensure that this requirement is followed and is placed on all building and site development plans. Should any evidence of prehistoric cultural resources be observed as described above, all work should immediately cease, and a qualif ed archaeologist must be consulted to assess the significance of the cultural 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. I3. Mitigation Measure #13 -(Noise Construction} 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 (7:00 a.m. to b:00 p.m.) with no noise-generating construction activity in excess of 50 dB on Saturdays, Sundays or holidays. Exterior noise levels shall be measured 100 feet away from the nearest residence, if that point remains on 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 time; 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 shall be adhered to throughout site development activities. Monitoring: The Butte County Department of Development Services shall ensure that this Condition of Approval is required on the Use Permit and adhered to during construction activity. Violations of the mitigation will be reviewed by the Department of Development Services on a complaint basis. 14. The solar facility shall be incompliance with Butte County Code, Chapter 24, Article 25, Section 157 C, Standards, Solar Energy Systems. 15. The fencing along the southern, western and eastern portions of the solar facility shall be screened by vegetation. A landscaping plan shall be submitted to the Department of Development Services. Vegetation type shall approved by the Director of Development Services, or his designee. Public Works 16. Prior to establishing use, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the county improvement standards and the terms of the encroachment permit. 17. Prior to establishing use, deed to Butte County in fee simple 30 feet of right-off way from the physical centerline of Cox Lane along the entire property frontage. 18. Prior to establishing use, repair to the satisfaction of the Director of Public Works any damage and/or excessive deterioration to the road surface and drainage system of Cox Lane resulting from the construction of the proposed facilities. 19. Prior to establishing use, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite andl 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. Environmental Health Division 20. If required, submit a Hazardous Material Release Response Plan to Butte County Environmental Health per Chapter 6.95 of the California Health and Safety Code. Processin Fees 21. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing fees. Count Counsel 22. If this matter or any finding, action or condition of this matter is challenged in any other action or forum, the applicant or any other develaperloperator other than the applicant agrees to defend, indemnify and hold harmless the County of Butte from the 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. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this Minor Use Fermit, and that I agree to abide fully by said conditions. Date: Applicant NOTE: Issuance of this Minor Use Fermit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Divisian Butte County Fire DepartmentlCDF Assessors Office