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HomeMy WebLinkAboutADM20-0050 Temp Use Permit Application-Old Durham Wood_032420March 24, 2020 P:\Projects\2017\71730 Old Durham Wood\2020 administrative Permit\MGF Temp Use Permit App Cover Letter_032420.docx 71730 Mr. Rowland Hickel Planning Division Butte County Development Services 7 County Center Drive Oroville, CA 95965 RE: Temporary Uses Administrative Permit (PLA-18) Application Old Durham Wood Log Reload Facility 1156 Oroville-Chico Highway, Durham, California Dear Mr Hickel: Per our conference call of 19 March 2020, attached please find a Temporary Uses Administrative Permit application covering the use of portions of the current Old Durham Wood facility for a log receiving and reloading facility to support hazardous tree removal in the Camp Fire area. Activities to be conducted onsite include receipt and inspection of logs, log reloading, and chipping and grinding of logs determined to be unacceptable for sawmilling. Some limbs and woody debris are currently being received by the facility generated by the clearing of dead and dying wood in the area of the Camp Fire; however, Condition 20 of the current Use Permit prohibits the decking of logs onsite. The following items are included in the permit application package:  PLA-18 application with check for fee in the amount of $194.74  Site Plan (three copies)  Stormwater Pollution Prevention Plan (by electronic reference) The site maintains an encroachment permit with the County, so no additional permit is required. No Approval of Use letter is required as the property owner and applicant are the same. The site is an existing operation that is fully paved; therefore, no biological resource survey was conducted. This application has been prepared and is submitted on behalf of Old Durham Wood. Please call me at (530) 223-2585 if you have any questions. Sincerely, VESTRA Resources, Inc. Wendy Johnston Project Manager Attachments CC: Tim Merrill/ Old Durham Wood, Inc. DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C 1 of 2 TEMPORARY USES ADMINISTRATIVE PERMIT (BCC 24-174 et seq.) Applicant Name: Mailing Address: E-mail Address:Phone #: Assessor’s Parcel Number: Street Address of Site: Zoning: Reason for Administrative Permit: INCLUDE THREE (3) COPIES OF A SITE PLAN drawn to standard engineering scale. Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on sheets no larger than 11”x17”. A digital copy of the plan is encouraged. The plan must include: a. Name and business address of the applicant or person who prepared the map. b. The Assessor Parcel Number(s) and the street address. c. Property lines, lot dimensions and any applicable easements of record or proposed. d. Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting ). Label all items shown on the map. e. Show private road access, if any, and route(s) to a public road. f. Show all adjoining properties including those on a private road, if any. g. North arrow and scale of drawing. h. All documents and maps shall be clear and legible. I certify that the above information is correct and that I have read Butte County Code Section 24-174 (on the reverse side of this application.) Applicant’s Signature: __________________________ Date: ____________ (over) Butte County Department of Development Services PERMIT CENTER 7 County Center Drive, Oroville, CA 95965 Planning Division Phone 530.552.3701 Fax 530.538.7785 Email dsplanning@buttecounty.net FORM NO PLA-18 See CONTINUATION (attached) Old Durham Wood, Inc. (ODW), Attn: Tim Merrill, General Manager 1156 Oroville-Chico Hwy, Durham, CA 95938 tim@omega3walnuts.com 530-342-7381 040-120-033 Same as above Agricultural, 40-acre minimum This application is to allow ODW to receive soft wood logs from the Camp Fire burn scar and to address the requirements of the Log Decking and Grinding Emergency Ordinance. Currently, ODW is permitted to receive orchard removal byproducts including chips and logs as well as woody debris from landscaping and homeowners. The current ODW Use Permit UP14-0002 prohibits the receipt of soft-wood logs. DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C C.O.O.3/24/2020 2 of 2 The approved permit is subject to Section 24-174 (c) of the Butte County Code 24-174 C. The following temporary uses are subject to issuance of an Administrative Permit upon a determination by the Zoning Administrator that the use is compatible with the applicable zone and surrounding uses: 1. Seasonal sales (e.g., Christmas trees, pumpkins, strawberries, citrus crops) for a maximum of 30 consecutive calendar days, no more than 3 times per year on a single property. Seasonal sales shall not be permitted on any residentially zoned property. 2. Construction yards located off-site in conjunction with an approved project. The construction yard shall be immediately removed within 10 days of competition of the construction project or expiration of the building permit. 3. A trailer or commercial modular unit used as a work site for employees of a business, for a maximum of 12 months. 4. A trailer or similar structure used as a classroom or office, for a maximum of 12 months. 5. A real estate office used exclusively for the sale of homes or other real estate for a maximum of three years. 6. Similar temporary activities determined by the Zoning Administrator to be compatible with the applicable zoning district and surrounding uses. TO BE COMPLETED BY PLANNING DIVISION Date Application Received: ___________________ Zoning: _______________ Verified by: ____________________________________________ Is the use subject to the requirements of Butte County Code Chapter 12? ___Yes ___No Permits Reviewed by:___________________________________________________________ Associated Bldg./Project Permit # ______________ Administrative Permit # ______________ Planning Approval by: ___________________________ Date Approved: ________________ DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C P:\Projects\2017\71730 Old Durham Wood\2020 administrative Permit\Project Description.docx 1 Log Reload and Grinding Facility Temporary Uses Administrative Permit Application Old Durham Wood, Durham, California REASON FOR ADMINISTRATIVE PERMIT (continuation) This application is to allow Old Durham Wood (ODW) to receive soft wood logs from the Camp Fire burn scar and to address the requirements of the Log Decking and Grinding Emergency Ordinance. Currently, ODW is permitted to receive orchard removal byproducts including chips and logs as well as woody debris from landscaping and homeowners. The ODW current Use Permit UP14-0002 prohibits the receipt of softwood logs: Condition 20. All wood products procured for firewood and milling operations shall be obtained from orchards or farms. No forest wood products are allowed to be brought to the site for processing or storage, except for timber slash used in the chipping and grinding or composting operations. With the need to remove significant dead and dying trees in the Camp Fire footprint, ODW has been approached by Cal OES to serve as a log inspection, reload, and grinding facility. The activities to be conducted onsite include the receipt of logs, inspection of logs for metal and other undesirable contaminants, reloading of acceptable logs, grinding of unacceptable logs, and chipping of limbs and smaller woody debris to be sent for cogeneration. The operation will generally not store limbs or small woody debris. This material is currently handled onsite and is processed daily. Logs will be sorted, inspected, and reloaded as quickly as possible; however, limited log storage may occur onsite. When possible, soft wood chips will be blown directly into chip vans and hauled offsite. If necessary, some chips will be sorted and stored or piled onsite for future shipping. The sorting and storage of chips is allowed under the current Use Permit and is a common site activity. The facility is located south of Chico, west of Highway 99, and east of State Route 87. Location is shown on Figure 1. The site plan is included as Figure 2. The site APN is 040-120-33 located at 1156 Oroville - Chico Highway, Durham, CA 95938. The site is an ongoing chipping and grinding facility. Zoning. The parcel is zoned Agricultural, 40-acre minimum. Ownership. Old Durham Wood is owned by the applicant Randy McLaughlin, 8616 Durnel Drive, Durham CA 95938. Encroachment Permit. The facility fronts on Oroville-Chico Highway. The facility has current encroachment permits for the dual entrances at the site. The driveway and all onsite roads are paved and support more than the required 40,000-pound load. The internal access road system is over 25 feet wide and the width will be maintained during log storage per the Emergency Ordinance. Setbacks. The current Use Permit requires the use of berms to reduce dust and visual impacts. The berms will serve as the setback requirements which will meet the 150-foot setback from the nearest property line. A defensible space area of 150 feet will be maintained around the grinding operation and is further discussed in the Fire Plan section. DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C SITE LOCATION FIGURE 1GENERAL SITE LAYOUTOLD DURHAM WOOD, INC.DURHAM, CALIFORNIA05102.5 Miles SOURCE: USGS NATIONAL MAPP:\GIS\71730\Figures\SWPPP\71730_GeneralSiteLocation.mxd DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C ÆüÆüÆüÆüÆü1088.50feet1116.19 f e et 1693.44 feet OROVIL LE-C HI CO H WY.-S TAT E RTE .87 1313.74 feet Storage Building(210' x 60')Gate Shack(210' x 60')30-FootWideAccessRoad30-FootWideAccessRoad20-FootWideAccessRoadDrivewayDrivewayOffice(50' x 60')OliveTreesFirewoodLogRe-LoadandStorageAreaFIGURE 2REVISED SITE PLANOLD DURHAM WOOD, INC.DURHAM, CALIFORNIA³0 250 500125Feet SOURCE: DIGITALGLOBE 2018 AERIAL PHOTOGRAPH Fire System Water Pipes and Hydrants Æü Parking Pipeline Berm Log Re-Load and Storage Area Retention Pond Buildings Parcel Boundary P:\GIS\71730\Figures\71730_SitePlan_2020.mxd 1 inch = 250 feet Nameof Property Owner Randy McLaughlin, Old Durham Wood CompanyLocation of Property APN 040-120-33; 1156 Oro-Chico Hwy, Durham, CAName of Preparer VESTRA Resources, Inc.Date Prepared March 23, 2018General Plan Zoning AG40Property Size 87.22 acres Note: Parcel information obtainedfrom Butte County Assessor'smap Book 40 Page 12. DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C P:\Projects\2017\71730 Old Durham Wood\2020 administrative Permit\Project Description.docx 2 Biological Report. The site is an ongoing industrial operation. The site is paved with concrete. No threatened or endangered species or wetlands are located onsite. A biological survey and report were not completed. Topography: The site topography is generally flat, sloping to the south and west. Fire Plan. The site is served by a water suppression system that includes six onsite hydrants. The system exceeds the requirements of Section 4428. The facility uses shovels and chainsaws on a regular basis and maintains fire extinguishers in all onsite equipment. The plan for monitoring , controlling, and extinguishing fires onsite follows:  If a fire starts, onsite personnel will immediately call 911 to inform that there is a fire.  Onsite personnel will monitor fire rate of spread and intensity and report changes to CalFire on arrival.  Onsite personnel will attempt to extinguish the fire using onsite equipment and will support CalFire/Butte County Fire Department upon arrival. Smoking is allowed only in designated areas. A 150-foot area of defensible space will be maintained around the re-loading and grinding operation at all time. No limit on pile size is proposed as the current Use Permit does not limit pile size. 50 feet will be maintained between piles for fire protection. All piles of material are currently monitored for temperature and managed as necessary. Any piles remaining onsite for more than 48 hours will be monitored using thermometers for internal temperature. If temperatures rise, the pile will be turned or chipped promptly. Any saw work will comply with CalFire Code Chapter 35. Trained fire personnel are allowed to inspect the facility at all times. Soil Testing. The facility including the area to receive logs is paved. Following storage and removal operations, the area will be swept and the sweepings placed in final chip loads to the cogeneration facility. No soil sampling is planned due to the site being paved. If sampling of material is required, material will be sampled at the conclusion of grinding operations in accordance with the process and standards for Consolidated Debris Removal Operations for the County of Butte. Sampling will verify the site is free of contamination caused by the Camp Fire. The number of soil samples collected on each parcel will be determined based on the estimated square footage of the grinding footprint. Table 1 indicates the total number of samples needed to be collected based on estimated square footage of the grinding footprint. DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C P:\Projects\2017\71730 Old Durham Wood\2020 administrative Permit\Project Description.docx 3 Table 1 CONFIRMATION SAMPLE MATRIX Estimated Square Footage of Ash Footprint (Decision Unit) Number of 5-Point Aliquots 0-100 square feet 1 101-1,000 square feet 2 1,001-1,500 square feet 3 1,501-2,000 square feet 4 2,001-5,000 square feet 5 >5,000 square feet TBD w/ approval of Environmental Health Department All confirmation samples will be collected using a dedicated stainless-steel trowel and be placed in 8- ounce jars. Samples will be shipped to an approved laboratory for Title 22 metals analysis for antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt, copper, lead, mercury, molybdenum, nickel, selenium, silver, thallium, vanadium, and zinc by EPA Method 6020. Each aliquot location will be recorded on the site assessment log and physically marked with paint or irrigation flags. A geographic positioning system (GPS) may also be used if sample locations are not easily determined. Analytical results will be compared against the Human Health Screening values developed for the individual soil type and area of the Camp Fire. Soil samples will be collected by VESTRA Resources, Inc., 5300 Aviation Drive, Redding, CA 96002; phone (530) 223-2585. The following staff are HAZMAT certified and trained in sample collection under this protocol:  John Andrews, P.G. 4269  Jason Antognini, Staff Geologist If required, the area will be rescraped and resampled until cleanup goals are met. Stormwater Management: The current Log Decking Emergency Ordinance requires compliance with the General Order for Stormwater Discharges Associated with Construction Activities or CGP. The Old Durham Wood facility is enrolled under Order 2014-0057-DWQ General Permit for Stormwater Discharges Associated with Industrial Activities (IGP). The Order is designed for industrial and commercial properties that conduct an ongoing industrial activity. Like the CGP, it is an NPDES permit and meets the federal requirements of the Clean Water Act. BMPs may be similar or even the same as the CGP; however, the IGP contains a more robust sampling protocol with less emphasis on individual stormwater inspections, since it is assumed staff are onsite at all times associated with the industrial activity. A Notice of Intent to Comply (NOI) was submitted to the RWQCB in October 2019 and a Stormwater Pollution Prevention Plan (SWPPP) filed. The SIC code applicable to the facility is 2411 – Logging, which includes producing wood chips for hog fuel in a field setting. No specific SIC code classification exists specifically for chipping and grinding, as the SIC codes were developed in the mid-1980s before the chipping and grinding of wood products for a source of fuel was common place. The facility is covered by WDID number R5041028448. SWPPP and sampling results to date are located on the SWRCB SMARTs website at https://smarts.waterboards.ca.gov/smarts/faces/PublicDataAccess/PublicNoiSearchResults.xhtml DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C P:\Projects\2017\71730 Old Durham Wood\2020 administrative Permit\Project Description.docx 4 Air Quality and Dust Control Plan: All BMPs to reduce impacts to air quality will be incorporated by the operator. At a minimum, these will include compliance with Butte County Air Quality Management District Rule 205, Fugitive Dust Requirements, including: 1. Reduce the amount of the disturbed area where possible. Stabilize disturbed area soils during use and at project completion. 2. Apply water or a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes. 3. Limit vehicle speeds to 15 miles per hour on any unpaved surfaces at the project site. 4. Clean visible track-out onto adjacent paved roadways daily. Track-out shall not extend more than 25 feet in cumulative length from the active project site. 5. Post a sign in a prominent location visible to the public with the telephone numbers of the contractor and Air District for any questions or concerns about dust from the project. No stationary sources of toxic air contaminates will be located onsite. Anticipated emissions are from the chipper motor and the motors of the diesel trucks pulling the chip vans. Reclamation Plan: Following termination of site activities under this permit, the site will be:  Cleared of softwood logs and residual materials  Swept and returned to original condition Miscellaneous Toilet Facilities: At a minimum, one portable toilet and one hand-wash station will be available onsite for employee use. Potable Water: Potable water will be supplied via bottled water. Non-Potable Water: Non-potable water used for dust suppression and fire control will be supplied by the fire hydrant system located onsite. Noise: Operations may occur only from 7:00 a.m. to 7:00 p.m. in order to comply with the Butte County code chapter 41A addressing noise. No generator or heavy equipment will operated after 7:00 p.m. or before 7:00 a.m. DocuSign Envelope ID: 9841B06F-3609-4C30-9555-516D6F627A2C