HomeMy WebLinkAbout21-057Resolution No. 21-057
RESOLUTION DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE
CONDITIONAL USE PERMIT (�UP18-0002) FOR OLD DURHAM WOOD, INC.
WHEREAS, the applicant, 0d Durham VVumdL Inc., has requested approval for a Conditional Use Permit (UP18'
OOO2) to amend Conditional Use Permits UP14-0002 and UP15-0005�, fora green waste, composting, and firewood
processing facility on a 287.34 acre property located at 1156 OrovHle-Chico Highway, in the unincorporated Community
ofDurham, California: Assessor Parcel Number: 048-120-036; a,nd
WHEREAS, Conditional Use Permit UP18-8002 includes two separate phases, with the first phase addressing
unauthorized modifications tothe facility made bwthe applicant since approval ofUp14-0OO2'including:
1. Construction nfthe fire hydrant system outside the permitted project site;
2. Expansion of the facility into a 1,250'x 150' (43 acres), designated wetland buffer area, which resulted in the
unauthorized discharge of fill into 0.228 acres, of ismlated wetlands within the projectdte;
@. Expansion of the facility in the northeast corner of the project site, which resulted in the unauthorized
discharge offill into Q.24acres ofjurisdictional wetlands;
4. Unauthorized road grading activities around historic rice checks south of the facility /i.e., stmrmvvater
filtration field) resulting in the discharge of fill into jurisclictional wetlands and waters of the State; aiod:
5. Discharge of industrial stormwater runoff generated from the facility onto historic rice checks located south
ofthe facility boundaries; and,
WHEREAS, the second phase of the proposed amendment will allow for a 64-mcre expansion of the project
boundary for a total site acreage of 126.7 acres, and include modifications to the facility's operations, construction of new
improvements, and additional road construction, around the stormwater filtration ponds; and,
WHEREAS, an Initial Study �nd Mitigated Negative Declaration was prepared for the Project, in accordance, with
the California Environmental Quality Act /CEOAL which was circulated for a 30~day review that was duly -noticed to
surrounding property owners a:nd published in the Chiico Enterprise Record; and,
WHEREAS, onFebruary 25 2021,the Butte County Planning Commission considered evidence and testimony for
UP18-O0O2atadul�y-noticedpublic hearing, and approved the Mitigated NegativmDecUarat|ommnd Project bvovote of3'
WHEREAS, on March Ei 2Q21, Rick, Sheyanme, and Erick Shanks (4npe|bxmts), filed an appeal of the Planning
Commission's approval, in accorclance with Butte County Code (BCC) section 24-265 et seq.; and
WHEREAS, ataduly-noticed public hearing omApril: 27 2O31,the Board mf Supervisors considered the appellant's
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby takes the following actions and
makes the following findings:
Adopts a Mitigated Negative Declaration with the following findings:
An Initial Study was completed in compliance with CEQA. Said Study identified potentially significant
environmental effects and included mitigation measures that would mitigate such effects below
significant levels.
2. The Board of Supervisors has considered the Mitigated Negative Declaration, together with comments
received during the review process.
3. 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, Planning Division
File No. UP18-0002, with conditions and mitigations here attached, would have a significant effect on
the environment.
4. The custodian of the record is the Department of Development Services. The location of the record is 7
County Center Drive, Oroville CA 95965.
5. The Mitigated Negative Declaration reflects the independent judgment and analysis of Butte County,
which is the Lead Agency.
II. Finds that collection of fees pursuant to Fish and Game Code 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 for 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. Approves Conditional Use Permit UP18-0002 subject to the following findings and the conditions of approval
found in Exhibit "A":
A. The project is consistent with the Criteria for Granting Use Permits, identified in Butte County Code
Section 24-222, as follows:
1. The proposed use is allowed in the applicable zone.
The project does not include any new uses although the applicant requested an amendment to
Condition No. 20 of UP14-0002 to allow for the receipt, chipping and grinding of softwood logs at the
facility. Log decks and general acceptance of forest products are defined as Timber Processing in Butte
County Code section 24-304 and are not permissible in the AG (Agriculture) zone. The condition to
restrict forest wood products, including softwood logs, but excluding timber slash, will remain under
the terms and conditions of UP18-0002.
2. 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.
Proposed operations include the storage and processing of unsightly materials that are prone to
generate dust, noise, and traffic, but are otherwise compatible with the surrounding agricultural and
residential uses located immediately adjacent to the project site. Approval of the proposed project
supports, protects, and maintains a viable, long-term agricultural sector in Butte County, consistent
with the AG zone by allowing for the recycling of green waste materials into fuel chips, compost and
firewood and wood veneers that are diverted from disposal in a landfill, while also promoting the goal
of bringing value and benefit to the local economy.
3. The proposed use will not be detrimental to the public health, safety, and welfare of the County.
The structures, buildings and property for the proposed use will incorporate applicable fire safety,
building code, environmental controls and utility service standards that will ensure public health and
safety hazards are appropriately addressed, and that these standards will be implemented prior to
and during operations through the implementation of permit conditions of approval. Further, this
project will not be subjected to hazardous adverse geologic conditions, proximity to airports, flood
hazards, fire hazards, or topography. Impacts from hazards on the project are further discussed in the
initial Study. Given the analysis in the Initial Study and implementation of permit conditions, staff has
concluded that this project will not be detrimental to the health, safety, or general welfare of persons
or property in the vicinity of the project.
4. The proposed use is properly located within the County and adequately served by existing or planned
services and infrastructure.
The project site is located within the AG -40 zone and will be served with existing and planned
infrastructure including access roads, driveways, parking facilities, stormwater management facilities,
and utility services. Existing infrastructure has been reviewed by County and State agencies with
responsibility over these services and infrastructure, and are found to be adequate to serve the
proposed uses.
5. 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 large size of surrounding parcels and 287 -acre project site provides adequate separation from
nearby sensitive receptors with the closet sensitive receptor located approximately 1,.100 feet from the
facility. The parcel's separation from any known sensitive receptors ensures that the adverse effects
of the proposed project will be adequately separated from existing and future land uses that may be
impacted.
B. The project is consistent with the applicable Goals and Policies of the Butte County General Plan, as
presented in the General Plan Consistency Review included in the staff report.
vote:
PASSED AND ADOPTED by the Butte County Board of Supervisors this 271" day of April, 2021, by the following
AYES: Supervisors Lucero, Ritter, Kimmelshue, Teeter, and Chair Connelly
NOES: None
ATTEST:
Andy Pickett, Chief Administrative officer
and Clerk of the Board of Supervisors
By:
Deputy
Bill Connelly, Chair U
Butte County Board of Supervisors
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION April 27, 2021
DATE:
UP18-0002 (Amendment 2 to UP14-0002)
PERMIT NO.
040-120-036
ASSESSOR'S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set
forth below: Old Durham Wood, Inc. is hereby granted a Conditional Use Permit to operate a green waste
processing, composting, firewood processing, and orchard/farm wood milling facility encompassing 126.7
acres of a 287.34 acre property located at 1156 Oroville-Chico Highway, Durham, California; Assessor
Parcel Number 040-120-036. Facility operations are limited to importing, processing, and storage of up to
500,000 cubic yards of green waste per year, maximum storage of 300,000 cubic yards of compost at any
one time, annual firewood processing of up to 9,000 cords of orchard and farm wood per year, and a
maximum firewood storage of 5,000 cords at any one time.
Project Operations
The following sections discuss the operational processes occurring at the project site. These processes
include discussions of environmental monitoring and control measures that the applicant will implement.
Operations Equipment
Equipment that is used at the facility includes:
• Morbark 6600 Horizontal Grinder or Morbark 1300 Tub Grinder
Used in the processing of biomass. The proposed facility expansion will require an additional grinder
for a total of two.
• Front Wheel Loaders
At least 2 front wheel loaders are onsite at all times. An additional two loaders will be required for the
facility expansion. They are used to feed material up to and into the grinders, pushing of feedstock into
piles for storage, loading of biomass fuel and compost into trailers for transport, moving and turning of
compost, moving of firewood and firewood scraps, as well any other material -moving needs.
• (Added since 2014) Compost Turner
Used for turning the compost rows to introduce oxygen and mix the material.
• Powerscreen
Used for screening material from grinding operations to separate the fines (smaller particles such as
dirt) from the higher -quality biomass fuel. It is also used for screening finished compost product to
remove large pieces prior to sale.
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• Truck Tipper
Used for removing the contents of a commercial truck trailer by raising the trailer to a steep angle so
that gravity causes the material to slide out the back.
• Water Truck
Used for suppressing dust caused by vehicles and grinding operations, fire suppression, watering of
compost to maintain moisture levels and lower temperatures, extracting accumulations of water for
distribution elsewhere and applying additives to the composting piles.
• Forklift
Used for unloading pallets, crates, and moving packaged firewood products for storage or transport.
• Hydraulic Wood splitters
Used for splitting firewood rounds into pieces that can be wrapped into firewood bundles or sold as
bulk firewood.
• Baker Band Saw
Used for cutting orchard/farm logs into square logs, prior to the curing stage of the operation.
• Rip Saw
Used for cutting cured logs into boards, prior to shipping materials offsite for additional processing.
Chipping and Grinding Operations
Old Durham Wood no longer receives municipal green waste from November 1 to March 31.
The material used in the chipping and grinding operation comes from orchard removal and woody debris
from the general public and commercial businesses. Materials received include, but are not limited to,
untreated wood, natural fiber products, and construction and demolition wood waste. The site does not
receive food material, biosolids, mixed solid waste, materials processed from commingled collection, wood
containing lead-based paint or wood preservative, municipal green waste, mixed construction/demolition
debris, or softwood logs.
The general public and commercial businesses can deliver woody debris materials to the facility.
Materials are unloaded by hand or by other mechanical methods under their control (i.e., dumping trailers
and dumping truck beds). For some commercial businesses that deliver large quantities of pallets or wooden
crates, a forklift is used to aid in unloading the materials. Once a sufficient amount of material has
accumulated, it is transported to the grinder to be processed into biomass fuel for consumption in a
cogeneration power plant. The grinder is not stationary and is moved to areas where materials are located
for grinding.
The chipping and grinding operation will have the capacity to store up to 300,000 cubic yards of material.
Materials are processed through a horizontal grinder and then passed through a screen to separate the
smaller material (fines) from the larger material. Larger chips are sent offsite as fuel while fines are
composted onsite. The larger materials, such as tree stumps and logs, are processed less frequently (i.e.,
when a large amount has accumulated).
The length of time that the processed materials remain onsite depends on the cogeneration power plants'
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needs and orders for compost buyers. At certain times of the year, cogeneration facilities stop accepting
material, in which case materials will be stored onsite.
Cogeneration power plants have a greater need for material to burn during the fall and winter and will
accept more material. During the late spring and summer, more agriculture material is available.
Material may stay onsite for up to two months but is typically rotated out within four weeks. A total of
500,000 cubic yards of material will be processed each year.
Firewood Processing and Storage Operations
The firewood processing and storage operation includes the sale of orchard and farm wood obtained from
offsite sources and stored at the facility on a site occupying approximately 10 percent of the parcel's total
size. Up to 5,000 cords of firewood are stored for processing and offsite or onsite sales.
The wood used in the firewood -processing operations is harvested from area orchards. It consists mainly
of almond, walnut, and eucalyptus and may also include other types of orchard or farm wood. Wood is cut
offsite, loaded onto trucks, and hauled into the project site to be stored and cured. The wood brought to the
site is unloaded in the storage area for seasoning. The wood is cured until the moisture content is below 20
percent, which generally takes 10 to 12 months. Cured wood is then split using portable hydraulic wood
splitters.
Split firewood is assembled into bundles, stacked on pallets, and shrink-wrapped. Firewood pallets are
moved into the onsite building for storage.
Up to 9,000 cords of wood will be processed every year. Commercial trucks ship the finished product to
customers.
Approximately 400 commercial truck trips are generated each year (800 including return trips). The
majority of truck trips occur between November and January, with approximately 8 to 38 truck trips each
week. Approximately 3 to 8 truck trips are generated each week during the remaining months of the year.
Composting Operations
Composting is the controlled decomposition of organic materials by microorganisms. The result of this
decomposition process is compost, a crumbly, earth -smelling, soil -like material that is applied as a soil
conditioner and organic fertilizer to gardens, crops, and rangelands. Compost provides organic matter and
nutrients (such as nitrogen and potassium) to the soil and improves soil texture.
Feedstock material for composting operations is generated from fines produced during chipping and
grinding operations. Composting feedstock is initially pushed into static piles until a sufficient quantity of
feedstock accumulates and is then transported by trailers or loaders into designated windrow areas.
Windrows are no larger than 700 feet long by 25 feet wide by 8 feet high and are spaced at least 4 feet apart
to provide access, windrow loading, monitoring, watering, and turning. Composting has been curtailed
during the winter season (November 30 to April 1) to achieve compliance with the RWQCB General Order
for Composting Activities.
The temperature and moisture of the composting materials are monitored and controlled weekly. New
feedstock materials are subsequently added to the newest end of the windrow.
Windrows are turned a minimum of five times during the 15 -day pathogen -reduction period to promote
aerobic decomposition. When the desired level of decomposition is achieved, the compost materials are
moved into curing piles for several weeks to months. Upon completion of the curing stage, the finished
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compost is screened and transported for offsite sale. Any compost remaining onsite as of November 30 is
covered.
Orchard/Farm Wood Processing Operations (Milling)
The wood used for offsite wood veneer production is obtained from area orchard supplies and intermittently
brought to the site. Wood is initially cut offsite and then transported to the site by trucks. Once onsite,
chainsaws are used to trim the logs into appropriate sizes and then milled into square logs and stacked on
pallets to dry. When logs reach the appropriate moisture content, logs are cut into dimensional lumber with
the rip saw and transported offsite for additional processing. All scraps generated from processing
operations become feedstock material for chipping and grinding operations. Some milling may occur
onsite.
Onsite Personnel
Total personnel onsite are proposed to be approximately 25 to 46 employees.
Chipping and grinding operations will consist of 6 to 12 employees. Employees are always onsite during
business hours and are engaged in the grinding and moving of material, moving equipment around the yard,
loading and unloading commercial trucks, and performing repairs and maintenance. An additional
employee is onsite to operate the water truck when needed.
Composting operations consist of 4 to 8 part-time employees. Sometimes this consists of the operators from
the chipping and grinding operations. Their jobs consist of taking temperature readings, watering the piles,
turning the piles, applying additives and amendments, moving compostable materials from static piles into
windrows, and loading the finished product to be shipped offsite.
Firewood operations consist of 9 to 18 employees. They work in and around the piles of wood that are
curing throughout the yard.
They also work in and around the storage building when receiving materials or loading trucks. Between 4
and 8 of the employees use hydraulic wood splitters to split the round logs into smaller pieces. Between 5
and 10 people then take the smaller pieces, wrap them into small firewood bundles, and place them on
pallets for shipment.
Orchard/farm wood processing consists of 6 to 8 employees. The employees will perform multiple
functions, including materials handling, using chainsaws to trim logs, loading and unloading trucks, and
maintaining equipment.
Caretaker Unit
One modular residence is proposed to house a nighttime security guard.
Water
Water is used for domestic uses, applied to compost piles to maintain the appropriate composting moisture
content, and applied to travel ways to suppress fugitive dust emissions. An onsite well currently provides
water. One additional groundwater well is proposed to provide water to the expansion area. Underground
water lines transfer water to fire hydrants in areas identified on the Site Plan. Additional water for
composting may also be pumped from the stormwater retention pond.
Stormwater Runoff
Stormwater that contacts compost must be retained onsite. Therefore, Old Durham Wood has ceased
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composting in the winter months.
Coverage under the General Permit for Stormwater Discharges Associated with Industrial Activities (Order
2014-0057-DWQ) has been obtained for other site discharges. A pipeline transports water under Hamlin
Slough for biological filtration using old rice checks located south of the facility. The checks filter site
stormwater before discharge to Hamlin Slough.
The work will also include maintenance and improvement to the existing farm service roads that run along
the southern parcel pipeline alignment. This existing road parallels the stormwater pipeline has historically
provided access for farming, rice check maintenance, and power line easement maintenance. Additional
road work to maintain and construct additional access roads around the filtration fields adjacent to the
existing discharge field is anticipated. The pipeline will also be expanded to allow the use of the entire rice
check area for filtration.
Septic System
The project includes three onsite 1,500 -gallon tanks used in one septic system for wastewater disposal
needs. The septic system/dispersal bed replacement field is located on the southwest corner of the project
site. Two additional 1,500 -gallon septic systems will be installed at the proposed yard offices/caretaker
unit.
Environmental Monitoring and Controls
A description of the proposed methods used to monitor and control leachate, litter, odors, dust, rodents, and
insects as described as follows:
Odor
The facility has prepared and maintains an Odor Impact Minimization Plan pursuant to 14 CCR § 17863.4.
In general, the Plan requires the following steps in the event of odors noticed at the site:
• Investigate and determine the likely cause of onsite odor;
• Determine if onsite management practices (e.g. mixing odiferous materials with sawdust or other
bulking agent, turning the windrow more frequently, remove odiferous materials from the site, etc.)
could remedy any odor problems and immediately take steps to remedy the situation;
• Determine whether or not the odor has moved offsite and if so, if it is significant enough to warrant
contacting the adjacent property owners and/or the LEA; and
• Record the event for further operational review.
Dust
Efforts are made to suppress fugitive dust particulates during high wind conditions by applying water from
a water truck or water trailer. Fire hydrants are located around the facility that can be used to spray water
on materials or along roadways to suppress dust emissions.
Leachate
Under normal circumstances, moisture content does not exceed the field capacity of the compost material
and no leachate is produced during the summer.
Rodents
Materials onsite are not generally considered a food sources for rodents. Any rodents present at the site are
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mostly kept under control by area wildlife (i.e. hawks, owls). If rodents become an issue, traps will be
distributed at the site.
Insects
Insect activity is monitored at the site. A contract pest control company will be hired for insect control if
it is determined to be necessary.
Litter
Limited sources that generate litter are found in feedstocks. The facility rejects and returns to the generator
any load that contains excessive litter. Covered trash containers are provided in areas where employees
and visitors generate litter. Onsite litter is collected routinely and disposed of properly.
Hours of Operation
The facility operates Monday through Saturday, with the facility closing on Christmas Day and New Year's
Day. Hours of operations occur between 7:00 a.m. and 7:00 p.m., with the site open to the public between
7:00 a.m. and 4:00 p.m.
Hazardous Materials
Hazardous materials that are currently onsite, and proposed to be added to the facility, consist of the
following:
Diesel Fuel
Diesel fuel is currently stored in a 500 -gallon trap wagon to fuel equipment used at the facility. Eventually,
a 10,000 -gallon tank will be used for red diesel and a 10,000 -gallon tank for on -road diesel.
Gasoline
Gasoline that is used for the wood splitter engines is currently stored in a 500 -gallon aboveground tank
located near the existing metal building. The proposed expansion includes installation of a 1,000 -gallon
aboveground tank.
Hydraulic Oil
Hydraulic oil used in the wood splitters is currently kept in 5 -gallon containers inside the metal building.
Engine Oil
Used engine oil is currently kept in 5 -gallon buckets inside the metal building prior to being transported to
the owner's property at 8616 Durnel Drive to be added to the waste oil container. New engine oil is stored
in 5 -gallon buckets that are kept inside the metal building, which is used for the wood splitters.
L 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 for in a special condition to this Conditional 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.
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Minor changes may be approved administratively by the Directors of Development Services,
Environmental Health, or Public Works 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. If any use for which a Conditional Use Permit has been granted is not established within two years of
the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall
become null and void and reapplication pursuant to Butte County Code Section 24-248 shall be required
to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration
date, a request for a one year extension is submitted to the Planning Commission together with sufficient
evidence that the time limits for processing development permits under federal or state regulations
require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a
public hearing pursuant to Article 36 of Butte County Zoning Code, the Planning Commission may
extend any time limitation previously made a part of any condition to a Conditional Use Permit.
5. The terms and conditions of this 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 Permittee.
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 for the Director of Development Services to commence a
revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke the Permit.
II. CONDITIONS OF APPROVAL:
1. Mitigation Measure AES -1
All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the
premises. A light source shall not 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 the abutting highway or street.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: Building inspectors shall spot check development plans and shall ensure compliance on-
site. The Development Services Department shall investigate and respond to any complaints of excess
glare or light originating from the project site.
2. Mitigation Measure AIR -1
The following best practice measures to reduce impacts to air quality shall be incorporated by the
project applicant, subject property owners, or third -party contractors during construction activities on
the project site. These measures are intended to reduce criteria air pollutants that may originate from
the site during the course of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On -Road Vehicles Greater than
10,000 Pounds
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• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be posted in
the designated queuing areas and/or job sites to remind drivers and operators of the five-minute
idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the manufacturer's
specifications. Equipment must be checked by a certified mechanic and determined to be running
in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control strategies.
• Shall not operate a diesel -fueled auxiliary power system (APS) to power a heater, air conditioner,
or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater
than 5 minutes at any location when within 100 feet of a restricted areas.
• To the extent feasible, truck trips shall be scheduled during non -peak hours to reduce perk hour
emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with applicable
Airborne Toxic Control Measures (ATCMs) promulgated by the CARB throughout the life of the
project (see https://ww2.arb.ca.gov/resources/documents/airborne-toxic-control-measures).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and businesses
near a construction site. Dust complaints could result in a violation of the District's "Nuisance" and
"Fugitive Dust" Rules 200 and 205, respectively. The following is a list of measures that may be required
throughout the duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving
the site. An adequate water supply source must be identified. Increased watering frequency would
be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used
whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved alternative
method will be used.
• Permanent dust control measures identified in the approved pro] ect revegetation and landscape plans
should be implemented as soon as possible following completion of any soil disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial grading
should be sown with a fast -germinating non-invasive grass seed and watered until vegetation is
established.
• All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical
soil binders, jute netting, or other methods approved in advance by the Butte County Air Quality
Management District.
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• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In
addition, building pads should be laid as soon as possible after grading unless seeding or soil binders
are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at
least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in
accordance with local regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks
and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads.
Water sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the contractor
and the Butte County Air Quality Management District - (530) 332-9400 for any questions or
concerns about dust from the project.
All fugitive dust mitigation measures required should be shown on grading and building plans. In
addition, the contractor or builder should designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties
shall include holidays and weekend period when work may not be in progress. The name and telephone
number of such persons shall be provided to the District prior to land use clearance for map recordation
and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of California
Health and Safety Code Section 42400, which provides for civil or criminal penalties of up to $25,000
per violation.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: Building inspectors shall spot check development plans and shall ensure compliance on-
site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
3. Mitigation Measure AIR -2:
The applicant shall implement the following mitigation measures to mitigate combustion emissions
from heavy-duty construction equipment.
• Maintain all off-road equipment in proper tune and regularly serviced according to manufacturer's
specification.
• Meet, or exceed to the extent feasible, State On -Road and Off -Road emission standards for heavy-
duty engines.
• Electrify equipment where feasible.
• Substitute gasoline -powered in place of diesel -powered equipment, where feasible.
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• Use alternative fueled construction equipment on site where feasible, such as compressed natural
gas (CNG), liquefied natural gas (LNG), propane, or biodiesel.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: Building inspectors shall spot check development plans and shall ensure compliance on-
site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
4. Mitigation Measure AIR -3
The applicant shall follow sound composting management practices, including maintaining moisture,
temperature and pH levels, and proper aerating, turning and mixing the composting materials.
Specifically, the following practices will help minimize the generation and dispersal of dust and fungus
spores during composting operations and thus limit exposure:
• Refrain from turning, screening, or loading activities on windy days;
• Use water spray or mists during grading, screening, and pile turning activities;
• Maintain proper moisture levels in active composting piles;
• Maintain good housekeeping practices, including site cleanliness;
• Provide employee training and the use of personal protective equipment.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: Building inspectors shall spot check development plans and shall ensure compliance on-
site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
5. Mitigation Measure AIR -4
The applicant shall implement the following standard measures as outlined in the BCAQND CEQA Air
Quality Handbook Guidelines:
• Increase building energy efficiency rating by 10 percent above what is required by Title 24
requirements. This can be accomplished in a number of ways (increasing attic, wall or floor
insulation, etc.)
• Improvement of thermal efficiency of structures as appropriate by reducing thermal load with
automated and timed temperature controls, or occupancy load limits.
• Incorporate shade trees, adequate in number and proportional to the project size, throughout the
project site to reduce building heating and cooling requirements.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: Building inspectors shall spot check development plans and shall ensure compliance on-
site. Butte County Air Pollution Control District inspectors shall respond to nuisance complaints.
6. Mitigation Measure AIR -5
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The applicant shall adhere to the odor management practices in the approved Odor Impact Minimization
Plan, formulated in accordance with State composting regulations (Title 14 CCR § 17863.4.). This plan
will be submitted to the Local Enforcement Agency (LEA) as part of the application for a Solid Waste
Facilities Permit (SWFP) for the facility's operations and implemented upon issuance of the SWFP. In
accordance with the above-cited regulations, the plan shall contain, at a minimum:
• An odor monitoring protocol which describes the proximity of possible odor receptors and a
method for assessing odor impacts at the location of possible odor receptors.
• A description of meteorological conditions effecting migration of odors and/or transport of odor -
causing material offsite. Seasonal variations that effect wind velocity and direction shall also be
described.
• A complaint response protocol that includes the verification and documentation upon receipt of any
odor complaints and immediate notification of County LEA staff upon receipt of any odor
complaints upon receipt of the call.
• A description of design considerations and/or pro] ected ranges of optimal operation to be employed
in minimizing odor, including method and degree of aeration, moisture content of materials,
feedstock characteristics, airborne emission production, process water distribution, pad and site
drainage and permeability, equipment reliability, personnel training, weather event impacts, utility
service interruptions, and site specific concerns.
• A description of operating procedures for minimizing odor, including aeration moisture
management, feedstock quality, drainage controls, pad maintenance, wastewater pond controls,
storage practices (e.g., storage time and pile geometry), contingency plans (i.e. equipment, water,
power, and personnel), biofiltration, and tarping.
• The odor impact minimization plan shall be revised to reflect any changes to operating or program
conditions, and a copy shall be provided to the LEA within 30 days of those changes.
• The odor impact minimization plan shall be reviewed annually by the operator to determine if any
revisions are necessary.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: Butte County Environmental Health shall ensure compliance on-site. Butte County Air
Pollution Control District inspectors shall respond to nuisance complaints.
7. Mitigation Measure 13I0-1
Prior to grading activities, the applicant shall retain a qualified biologist to conduct protocol -level
surveys during the appropriate flowering window for Red Bluff dwarf rush (March — June), Ahart's
paronychia (February — June), Butte County golden clover (March — May), and Butte County
meadowfoam (March — May). Surveys shall be in compliance with survey protocols for plants species
listed under the California Endangered Species Act and Federal Endangered Species Act. A report
summarizing the findings of surveys will be prepared and submitted to the County and the California
Department of Fish and Wildlife. In the event sensitive species are identified on the pro]ect site, the
biologist shall consult with the California Department of Fish and Game, and the United States Fish
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and Wildlife Service, to determine appropriate measures to reduce the impact of identified species to a
less than significant level.
Plan Requirements: Perform protocol -level surveys for plants stated above.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities
planned to occur during (between March and May).
Monitoring: The Butte County Department of Development Services shall ensure the condition is met
at the time of construction activities.
8. Mitigation Measure 13I0-2
If project construction activities, including ground disturbance or vegetation removal occur during the
nesting season for birds protected under the Migratory Bird Treaty Act (MBIA) and California
Department Fish & Game Code (CDFC) (approximately February 1—August 31), the prQject proponent
shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to
identify active bird nests shall be conducted within and 250 feet around the footprint of proposed
construction site. The survey shall be conducted within 7 days prior to the initiation of construction
activities. In the event that an active nest is observed, a species protection buffer shall be established.
The species protection buffer will be defined by the qualified biologist based on the species, nest type
and tolerance to disturbance. Construction activity shall be prohibited within the buffer zones until the
young have fledged or the nest fails. Nests shall be monitored by a qualified biologist once per week
and a report submitted to the Butte County Department of Development Services.
Plan Requirements: Perform protocol -level surveys for migratory birds protected by the California
Department Fish & Game Code and the Migratory Bird Treaty Act.
Timing: Requirements of the condition shall be adhered to prior to and during construction activities
planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August
31).
Monitoring: The Butte County Department of Development Services shall ensure the condition is
met at the time of construction activities.
9. Mitigation Measure 13I0-3
The project will result in adverse impacts to Jurisdictional Waters of the United States (U.S.) or Waters
of the State. Prior to future development activities associated with the Project, the project proponent
shall obtain the appropriate permits from the United States Army Corp of Engineers (ACOS) and
California Regional Water Quality Control Board (RWQCB) for delineated wetland areas disturbed by
past and future grading activities. Mitigation of impacted wetlands shall include the purchase of
compensatory mitigation credits in order to achieve zero net loss of vernal swale/vernal pool habitat.
ACOE and RWQCB will determine jurisdiction and mitigation ratios. All mitigation will be completed
using off-site mitigation through the purchase of credits at a mitigation bank approved by the agency.
Plan Requirements: The United States Army Corp of Engineers (ACOS) and California Regional
Water Quality Control Board (RWQCB) shall verify impacted wetland areas. Upon verification,
applicable permits and other regulatory requirements shall be obtained by the project proponent.
Affected agencies shall determine the appropriate ratio of offsite compensatory mitigation credits to
purchase for impacted wetlands.
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Timing: Requirements of the condition shall be satisfied prior to any development activity associated
with the Project.
Monitoring: ACOE and RWQCB shall determine the total wetland areas impacted by the Proj ect, and
determine the appropriate amount of offsite compensatory mitigation credits to off -set impacts to the
wetlands. The Butte County Department of Development Services shall ensure the condition is met
prior to development activities.
10. Mitigation Measure CUL -1
If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.;
structural remains; or human skeletal remains) work within 50 feet of the find shall immediately cease
until a qualified professional archaeologist can be consulted to evaluate the find and implement
appropriate mitigation procedures. If human skeletal remains are encountered, State law requires
immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that
the 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. The provisions of this mitigation shall be followed during
construction of all improvements, including land clearing, road construction, utility installation, and
building site development.
Plan Requirements: This note shall be shown on all site development and building plans.
Timing: This measure shall be implemented during all site preparation and construction activities.
Monitoring: If potential cultural resources are discovered, the landowner shall notify the Planning
Division and a professional archaeologist. The Planning Division shall coordinate with the developer
and appropriate authorities to avoid damage to cultural resources and determine appropriate action.
State law requires the reporting of any human remains.
11. Mitigation Measure GEO-1
Prior to the issuance of a grading permit, the applicant shall submit a Notice of Intent (NOI) and SWPPP
to the RWQCB in accordance with the NPDES General Construction Permit requirements (Order
NPDES No. CAS000001/Order 2014-0059-DWQ, or as most current) and obtain coverage under said
general permit. The SWPPP shall be designed to control pollutant discharges utilizing Best
Management Practices (BMPs) and technology to reduce erosion and sediments. BMPs may consist
of a wide variety of measures taken to reduce pollutants in stormwater runoff from the project site.
Measures shall include temporary erosion control measures (such as silt fences, staked straw
bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary
revegetation or other ground cover) that will be employed to control erosion from disturbed areas. Final
selection of BMPs will be subject to approval by Butte County and the RWQCB. The SWPPP will be
kept on site during construction activity and will be made available upon request to representatives of
the RWQCB.
12. Mitigation Measure GHG-1
The project proponent shall implement the following measures during construction -related activities
and at the time of development to offset the anticipated contribution of greenhouse gas emissions:
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• Achieve CAL Green Tier I standards for energy efficiency, water conservation, and passive
design for non-residential uses.
• Prewire new non-residential development for solar PV systems and maximize roof space to
accommodate future rooftop solar installation.
• Prewire the facility for ground -mounted solar PV systems.
• Improve fuel efficiency from construction equipment by limiting idling time for all construction
equipment to three minutes or less.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: Shall be implemented prior to issuance of building permits for development. Construction -
related measures shall be adhered to throughout all grading and construction periods.
Monitoring: The Planning Division will ensure that future residential development includes the
applicable measures during Building Permit review. Building inspectors shall spot check and shall
ensure compliance on-site.
13. Mitigation Measure HAZ-1
Prior to construction, the applicant shall submit a Hazardous Materials Business Plan (HMBP) for
review and approval by Butte County Environmental Health Division and Butte County Fire
Department. The HMBP shall establish management practices for handling, storing, and disposal of
hazardous materials, including fuels, paints, cleaners, solvents, pesticides, fertilizers, etc., during
operations to reduce the potential for spills and to direct the safe handlings of these materials if
encountered. The HMBP shall also identify the appropriate areas for fuel dispensing, which shall be
designed with spillage catchments such that any accidental spillage is prevented from entering
waterways or into the aquifer. The approved HMBP shall be maintained onsite and all personnel shall
acknowledge that they have reviewed and understand the plan.
14. Mitigation Measure N0I-1
The use of heavy equipment and generators during construction activities and project operations shall
be prohibited between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, between the hours of 6:00
p.m. and 8:00 a.m. on Saturdays as well as holidays, and before 10:00 a.m. and after 6:00 p.m. on
Sundays. In addition, all construction and project operations activities shall utilize the best available
noise control techniques (e.g. improved mufflers, equipment redesign, use of intake silencers, ducts,
engine enclosures and acoustically -attenuating shields or shrouds, whenever feasible) to eliminate or
substantially reduce noise impacts during the more -sensitive nighttime hours and on days when noises
might be more disturbing.
Plan Requirements: This note shall also be placed on all building and site development plans.
Timing: The mitigation shall be applicable during all construction activities.
Monitoring: The developer and the Disturbance Coordinator shall be responsible for ensuring
compliance with this mitigation and shall respond to all complaints of noise. Department of
Development Services shall investigate all complaints of excess construction -related noise.
Planning Division, Department of Development Services:
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15. The approved use shall be developed and maintained in substantial conformance with the approved site
plan and operations plan on file with the Butte County Planning Division. Changes to the approved
project may be approved pursuant to Butte County Code section 24-246.
16. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a CEQA
Notice of Determination for the project, unless the project proponent provides verification from the
California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a
required fee is not paid for 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)).
17. Prior to construction or grading activities, the applicant shall submit complete landscape planting and
irrigation plans to the Department of Development Services for review and approval. Landscaping plans
shall incorporate tree and vegetation plantings in accordance with the facility's Odor Impact
Minimization Plan, noise attenuation of sensitive receptors, aesthetic enhancements along State
Highway 99, and erosion control. The landscaping plan shall detail how landscaping shall be
maintained. Native drought tolerant landscaping shall be used when feasible, and shall be consistent
with the requirements of the State of California Model Water Efficient Landscape Ordinance.
18. The Department of Development Services (DDS) is responsible for monitoring the landowner's
compliance with all use permit conditions. As the cost of ongoing monitoring of Mitigation Measures
and Use Permit Conditions is not included in the County's Use Permit application fees, at the discretion
of the Director of DDS, the cost of DDS staff time directly related to the monitoring of compliance
with use permit conditions of approval shall be billed to and borne by the landowner at the established
DDS hourly rate, as adopted by the County. Failure by the landowner to reimburse County costs at the
billed amount may be addressed as a violation of the terms of the Use Permit.
19. All exterior lighting shall comply with Chapter 24, Section 67 of the Butte County Code, Outdoor
Lighting Standards. Exterior lighting shall be located, adequately shielded, and directed such that no
direct light falls outside the property line, or into the public right-of-way. Flashing, flickering, or other
lighting that is distracting or may be confused with traffic or emergency signals shall be prohibited.
20. Prior to issuance of the Conditional Use Permit, the applicant shall pay any outstanding project-related
processing fees.
21. The applicant shall construct and operate the project in strict compliance with the approvals granted
herein, County standards, local ordinances, and in compliance with all State and Federal laws,
regulations, and standards. In the event of a conflict between County laws and standards and a State or
Federal law, regulation, or standard, the stricter or higher standard shall control. Approved operations
shall be managed and monitored to insure that activities do not constitute a public nuisance, as defined
in State and local law.
22. The applicant shall adhere to the terms and conditions of the General Permit for Stormwater Discharges
Associated with Industrial Activities, issued by the Central Valley Water Board.
23. Facility hours of operation are limited to between 7:00 a.m. and 7:00 p.m., with the site open to the
public between 7:00 a.m. and 4:00 p.m., Monday through Saturday, with the facility closing on
Christmas Day and New Year's Day.
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24. 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.
25. The Planning Division shall provide a report to the Planning Commission one year from the date of
approval. The report shall include information on the applicant's compliance with permit conditions
and mitigations, including the status of other applicable permits required through other county
departments, State and federal agencies.
26. The applicant shall post signs at both entrances to the facility directing drivers exiting the facility to
turn south onto Oroville-Chico Highway.
Buildine Division, Department of Development Services:
27. The applicant shall obtain all necessary building permits from the Butte County Building Division for
all proposed structures to be constructed at the project site. The applicant shall submit building plans
and specifications prepared by a California registered design professional (engineer or architect)
demonstrating compliance with the current California Building Code requirements.
Land Development Division, Department of Public Works:
28. Prior to construction activities within the Public Right -of -Way, the applicant shall obtain an
encroachment permit and for commercial ingress and egress locations, improve the two driveway
approaches to Oroville-Chico Highway as specified in the county improvement standards and the terms
of the encroachment permit and construct a standard S -18B road approach, or as specified in the county
improvement standards and the terms of the encroachment permit. For all other ingress and egress
locations and 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.
29. Prior to any grading on the site or establishing any of the proposed uses, aplan for apermanent solution
for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans
shall detail existing drainage conditions and shall specify how drainage waters shall be detained or
retained onsite and/ or conveyed to the nearest natural or publicly maintained drainage channel or
facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the
property to said channel or facility.
30. Prior to any grading, a Construction Storm Water Permit will be required by the State Water Resources
Control Board if the project results in a disturbance (including clearing, excavation, filling, and grading)
of one or more acres. The Permit must be obtained from the State Water Resources Control Board prior
to construction. 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.
31. Prior to construction or grading activities, drainage plans and calculations shall be submitted to and
approved by the Department of Public Works. Engineering plans shall include grading plans and
general extents of work, dimensions of cut and fill, and geotechnical parameters for fill material. Of
note, grading plans shall account for potential clogging of culverts and planned overtopping of filled
roadway by the engineered placement of structural backfill/ scour resistant material armoring at low -
points in the graded roadway to adequately pass overtopping flows without scour or erosion of the
graded access roadway.
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32. Provide a notice of compliance or notice of acceptance by the engineer in responsible charge noting
that the site was built in substantial compliance with the engineer's intentions and expectations as
designed. This can be a formal letter submitted to the Planning Department to be on file with the
Permit.
Environmental Health Division, Public Health Department:
33. Prior to building permit approval, the project proponent shall obtain an On -Site Wastewater
Construction Permit and construct on-site sewage disposal facilities in compliance with Chapter 19,
Butte County Code. The proposed system shall be designed by a Certified Designer and meet
specifications within the Butte County Onsite Wastewater Manual. If a non -discharging sewage
disposal system is utilized, 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.
34. Within 30 days of storing hazardous materials at or above reporting quantities, project proponent shall
submit a complete Hazardous Material Business Plan (HMBP) and Inventories into the California
Environmental Reporting System (CERS) in accordance with California Health and Safety Code (HSC)
Chapter 6.95, Article 1 (§25500-§25519) and California Code of Regulations (CCR) Title 19, Division
2, Chapter 4, Article 4. The project proponent shall comply with all applicable requirements of HMBP
state laws and regulations including, but not limited to, initial and annual employee training, annual
submittal of the HMBP in CERS and re -submittal of the HMBP in CERS within 30 -days of a change
of hazardous material formulation, type or quantity. Butte County Public Health Department,
Environmental Health Division is the regulatory oversight agency for the HMBP program and will
perform CERS submittal reviews and compliance inspections.
35. Prior to storing petroleum at the project facility in quantities greater than or equal to 1,320 gallons in
aboveground tanks/containers greater than or equal to 55 -gallons, the project proponent shall prepare
and implement a Spill Prevention, Control, and Countermeasure (SPCC) Plan in accordance with the
California Aboveground Petroleum Storage Act (APSA) as required in HSC Chapter 6.67 (§25270-
§25270.13). The project proponent shall submit APSA information in the California Environmental
Reporting System (CERS) and comply with all applicable requirements of the SPCC including, but not
limited to, initial and annual employee training, SPCC review and updates and tank inspections. Butte
County Public Health Department, Environmental Health Division is the regulatory oversight agency
for the APSA program and will perform CERS submittals reviews and review the SPCC during
compliance inspections.
36. The applicant shall submit an application package for a revision of the existing Solid Waste Facility
Permit (SWFP) to combine front (full permit), back (EA Notification Tier) and expansion area into one
full SWFP as specified in Chapter 3. 1, Title 14 CCR. Such SWFP shall be obtained prior to any solid
waste handling activities occurring in the expansion area.
Butte County Fire Department/CalFire:
37. Building identification and/or addresses shall be installed in conformance with Public Resources Code
4290 and shall be posted at the time of permit issuance and maintained continuously thereafter.
38. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on
parcels/lots shall comply with the latest California Fire Safe Regulations, Public Resources Code 4290,
4291, and current Butte County Improvement Standards, whichever is stricter.
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39. Prior to building construction, provide an all-weather access of at least 10 feet wide for residential, and
20 feet wide for commercial, and 15 feet vertical clearance that will allow for ingress and egress and
accommodate a 40,000-pound fire apparatus to within 150 feet of all structures.
40. Ensure adequate fire protection measures are in place during construction.
41. All flammable vegetation and fuels caused by site development and construction, road and driveway
construction and/or fuel modification must be removed, chipped, buried or burned prior to completion
of building permit.
42. A thirty (30) foot firebreak shall be created and maintained around the perimeter of the property to slow
or stop the spread of fire under normal summer fire season conditions. All firebreaks required shall be
created and maintained by mowing to a maximum height of three (3) inches, discing or removing the
annual weeds and grasses and other rank growth which is the primary flammable vegetation, and by
removing obstructions.
43. Private fire service mains, hydrants and appurtenances shall be installed and maintained in accordance
with the current California Fire Code, NFPA 24 and NFPA 25 California edition.
44. Prior to any expansion of the facility, the applicant shall provide a Fire Protection Plan (or equivalent
industry standard plan) that, at a minimum, includes the following:
• Maintain a clearance of flammable material for a minimum distance of 150 feet from the periphery
of any exposed flammable solid waste, including chip piles and any wood products, in accordance
with California Public Resource Code 4373;
• Provide for fire apparatus access to the entire site including maintaining minimum aisle widths and
separation between piles;
• Provide fire flow (stored water and well flow) to industry standards and fire department approval.
Butte County Agricultural Commissioner's Office:
45. Prior to approval of an engineered grading plan or building permit, the applicant shall submit a Noxious
Weed Management Plan for approval by the Agricultural Commissioner. All measures contained in
the plan shall be adhered to throughout the life of the Project.
46. Prior to approval of an engineered grading plan or building permit, the applicant shall submit an
Agricultural Maintenance Plan that identifies the agricultural uses that will continue during the term of
the Proj ect, and how it will be maintained. The Agricultural Maintenance Plan will be approved by the
Director of Development Services, with consultation with the Agricultural Commissioner.
Butte County Air Quality Management District:
47. The applicant shall comply with all regulations of the Butte County Air Quality Management District
(BCAQMD), including Rule 400 (Permit Requirements), Rule 200 (Nuisance), Rule 205 (Fugitive Dust
Emissions), and Rule 440 (Portable Equipment Registration). Portable equipment used in materials
processing that reside at the site longer than 12 consecutive months require permitting as a stationary
source. All other portable materials processing equipment and portable diesel engines over 50
horsepower must be registered through a portable equipment registration program (either with the
BCAQMD or through the state PERP program). The applicant shall provide the Butte County
Development Services Department with a letter from the District confirming that all necessary permits
and registrations from the District have been obtained.
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County Counsel•
48. 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 developer/operator 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.
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 Conditional Use Permit, and that I agree to abide
fully by said conditions.
Dated:
Applicant
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