HomeMy WebLinkAbout04.21.21 FW_ Appellant Letter
From:Snyder, Ashley
To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Cook, Robin;Kimmelshue, Tod;
Lucero, Debra;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen;
Teeter, Doug
Cc:Nuzum, Danielle;Daneluk, Paula
Subject:FW: Appellant Letter
Date:Wednesday, April 21, 2021 11:21:39 AM
Attachments:Appellant Letter Submission Final.pdf
Morning,
Please see the below correspondence and attachment regarding the appeal of Planning
Commission's approval of conditional use permit UP18-0002, which will be agendized as item 5.02
on the April 27th agenda.
Any further questions, please contact the Department of Development Services.
Take care,
Ashley N. Snyder
Assistant Clerk of the Board
Butte County Administration
25 County Center Drive, Suite 200, Oroville, CA 95965
T: 530.552.3307 | F: 530.538.7120
Twitter | Facebook | YouTube | Pinterest
From: Erick Shanks <Erick.Shanks@RaymondJames.com>
Sent: Wednesday, April 21, 2021 10:56 AM
To: Clerk of the Board <clerkoftheboard@buttecounty.net>
Subject: Appellant Letter
ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
..
attachments, clicking on links, or replying.
Please see attached PDF. This PDF includes our proposals, rationale and figures for the board to
consider.
Respectfully,
Erick Shanks, CPFA
Financial Advisor
CA Insurance #0N07368
250 Vallombrosa Ave., Ste 450
Chico, CA 95926
Direct 530.809.2138
Branch 530.809.2277
Fax 530.636.4163
Toll Free 888.316.7083
Investment advisory services are offered through Raymond James Financial Services Advisors, Inc.
Securities offered through Raymond James Financial Services, Inc. member FINRA/SIPC.
Please visit https://www.raymondjames.com/legal-disclosures/social-media-disclaimer-icd for Additional Risk and
Disclosure Information. Raymond James does not accept private client orders or account instructions by email.
This email: (a) is not an official transaction confirmation or account statement; (b) is not an offer, solicitation, or
recommendation to transact in any security; (c) is intended only for the addressee; and (d) may not be
retransmitted to, or used by, any other party. This email may contain confidential or privileged information; please
delete immediately if you are not the intended recipient. Raymond James monitors emails and may be required by
law or regulation to disclose emails to third parties.
Investment products are: Not deposits. Not FDIC or NCUA insured. Not guaranteed by the financial institution.
Subject to risk. May lose value.
This may constitute a commercial email message under the CAN-SPAM Act of 2003. If you do not wish to
receive marketing or advertising related email messages from us, please reply to this message with
“unsubscribe” in your response.You will continue to receive emails from us related to servicing your
account(s).
Appeal Against Old Durham Wood Expansion UP18-0002
To whom it may concern,
I would like to start by recognizing the necessity of the services Old Durham Wood (ODW)
provides to affected by the Camp
Fire. We commend Mr. McLaughlin for the business he has built from the ground up. The supporters of
this appeal know that Old Durham Wood has a place and purpose in our county, and we would like to
approach this subject in a constructive fashion. Most of the concerned property owners I represent as the
appellant, including myself, have lived in near proximity to ODW for 25 years or more. Over those years
we have seen ODW grow from a small green waste facility into a large processing operation. The vast
majority of property owners in the area disagree (as presented to the planning commission on February
25, 2021) with the proposed conditional use permit UP18-0002 because we are concerned about the
impacts associated with the allowable operations requested. We now come to the Butte County Board of
Supervisors with a short list of requests to be considered as the amended conditional use permit takes
shape. Please review our requests and rationale behind each:
Designated truck route
o See attached map figure 1.
o Commercial trucks are to leave ODW heading southbound on Oro-Chico Highway, to
access the SR99 x Durham-Dayton Highway onramp to travel northbound or southbound
on SR99.
o Rationale:
Impacts of large commercial truck traffic to the homes located north of Old
Durham Wood (ODW) on Oroville Chico Highway.
Safety concern because of left hand turn angle from Westbound Neal Road onto
Southbound Oroville Chico Highway. A commercial truck is unable to execute
previously mentioned left hand turn without entering the other lane over a
double yellow. Please refer to figures 2 and 3. This intersection is hazardous to
begin with, it is worth considering closing Neal Road west on Highway 99 to truck
traffic entirely.
Adjust on-site grinding and chipping hours of operation.
o Monday-Friday 9am-4pm. (currently 7am-7pm Monday-Saturday)
o Rationale:
Current conditional use permit UP14-
general public and commercial businesses is processed about every 1-3 weeks
ODW currently processes 5-6
days/week.
The proposed hours will allow for ambient noise levels increase and help muffle
noises produced by chipping and grinding.
These hours are during times most of us are at work. The proposed hours would
allow for our mornings, evenings, and weekends to be free of excessive grinding
and chipping noises.
Designate a specific on-site grinding and chipping location.
o See attached map figure 4.
o The rationale behind this request is to move grinding and chipping operations as far away
from nearby homes as possible. By placing these operations at the base of the freeway,
sound will dissipate as it has farther to travel. It will also be muffled by freeway noise.
Condition 20 of the UP14-0002 conditional use permit shall remain intact.
o Condition 20 states,
shall be obtained from orchards and farms. No forest wood products are allowed to be
brought to the site for processing and storage, except timber slash used in chipping and
o erence
attached: Table 24-13-1.
Timber processing is defined as- transforming logs into new products. i.e. wood
chips, cutting cured logs into boards (Rip Saw operations).
ODW is currently processing timber
Request that any reissued or newly issued fire cleanup permits provide a designated grinding and
chipping area within the burn scar.
o site for processed material created by the
fire cleanup.This will eliminate the disproportionate impacts we homeowners in near
proximity to ODW have felt sine the cleanup permit has been issued.
o Rationale:
When Old Durham Wood processes an orchard, the large debris is ground and
chipped at the orchard location, and then the processed material is transported
to ODW for storage. ODW is already implementing the practice of grinding offsite
and then transporting materials to their facility on Oro-Chico Highway.
This will reduce commercial truck traffic on county-maintained roads.
The emergency permit allows ODW to operate as a timber processing facility. By
requiring fire cleanup timbe
operation will return to the parameters of AG40 uses.
A perfect example of disproportionate impact mitigation are the incinerators
placed within the burn scar of the North Complex and Bear Fire. Per Butte County
Air Quality, these incinerators are required to operate within the burn scar to
ensure communities who were not previously affected, do not bear the burden of
the situation.
Request amended conditional use permit approval be postponed until after Emergency Camp Fire
Cleanup permit expires on 12/31/2021.
o By this time, ODW will no longer be receiving green waste from NARS or Camp Fire debris,
decreasing their overall volume of material being processed and decreasing their need for
expanding the facility.
o This will provide time to produce a comprehensive evaluation of the necessity of ODW 64-
acre expansion if on-site chipping and grinding operations return to pre-Camp Fire levels.
I hope that I have made it clear that my neighbors and I are looking for a compromise. Once an amended
conditional use permit is drafted and approved, as residents of Butte County, we request the oversight of
the Development Services and the Butte County Board of Supervisors to ensure Old Durham Wood
complies with their allowable operations. Just like Mr. McLaughlin, those of us who own homes and live
near Old Durham Wood, have worked extremely hard to build what we have.
Sincerely,
Erick Shanks
Appellant
35.24B HSJDVMUVSF!\[POFT
T ABLE 24-13-1 P ERMITTED L AND U SES IN THE A GRICULTURE Z ONES \[1\] \[2\]
Key
Zone
P Permitted use, subject to Zoning Clearance
A Administrative Permit required
M Minor Use Permit required
C Conditional Use Permit required
AGASApplicable Regulations
– Use not allowed
AgriculturalUses
P P
Agricultural Processing
P P
Animal Grazing
Animal Processing CC
P P
Animal Processing, Custom
P P
Crop Cultivation
CP
Feed Store
CC
Intensive Animal Operations
C C
Stables, Commercial
P \[3\] P \[3\]
Stables, Private
P \[3\] P \[3\]
Stables, Semiprivate
Natural Resource Uses
Forestry and Logging P -
Chapter 13 Butte County
Mining and Surface Mining Operations CC
Code
Oil and Gas Extraction, including reinjection wells for natural gas C C
Oil and Gas Extraction, storage or disposal of Well Stimulation
- - Section 24-167.1
Byproducts
Timber Processing- -
Residential Uses
Agricultural Worker Housing Center C\[3\] - Section 24-14 (G)
Caretaker Quarters - A \[3\]
Duplex Home - -
Home Occupations - Major M - Section 24-162
Home Occupations - Minor A - Section 24-162
Live/Work Unit - -
Mobile Home Park - -
Multiple-Family Dwelling - -
Residential Care Homes, Large - -
Residential Care Homes, Small P -
Second Units and Accessory Dwelling Units P \[4\] - Section 24-172
Single-Family Home P \[4\] -
27
Durham
Butte College
Figure 1
Figure 2
Figure 3
Designated Grinding &
Chipping Area
Figure 4