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Home My WebLink AboutUP18-0002 Appendment MemoDepartment of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds MEMORANDUM DATE: TO: FROM: RE: August 16, 2022 Butte County Planning Commission Tristan Weems, AICP, Associate Planner Appendment Memo to ‘Old Durham Wood’ UP18-0002 Inspection Report BACKGROUND At the regular scheduled Planning Commission Hearing on Thursday, May 26th the Planning Commission requested an appendment memo outlining the years past inspection records for the Old Durham Wood Project. Specifically, a schedule was requested to report on oversight on conditions that the reviewing agencies agency/department oversees. The reviewing agencies include: Butte County Department of Public Works, Cal-Fire / Butte County Fire, and Butte County Department of Public Health. The request by the Planning Commission included the inspection dates, details of visits, and in particular – what was out of compliance. The memo was identified to focus on the five outstanding conditions (Numbers: 13, 29, 34, 35, and 44). The request by the Planning Commissioners was made to increase understanding by the public, through transparency of our process, of the steps to issuing this Use Permit. PROJECT DESCRIPTION On February 25, 2021, the Planning Commission approved a Conditional Use Permit (CUP) (File #UP18-0002) for Old Durham Wood, Inc., and a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) under Resolution No. PC21-01. Old Durham Wood (ODW) is a green waste, composting, and firewood processing facility situated in the AG-40 (Agriculture, 40-acre minimum parcel size) zone, located at 1156 Oroville-Chico Highway, in the unincorporated community of 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. The Planning Commission’s approval of this CUP was appealed to the Butte County Board of Supervisors. The Board of Supervisors upheld the Planning Commission’s approval of the CUP at a public hearing held on April 27, 2021. The approved CUP amends two prior Conditional Use Permits (UP14-0002 and UP15-0005) and allows development and operations at the site in two separate phases. Phase 1 addresses unauthorized changes to the facility made by the applicant since the approval of UP14-0002. The changes include: 1. Construction of the fire hydrant system outside the permitted project site; 2. Expansion of the facility into a 1,250' x 150' (4.3 acres) designated wetland buffer area, which resulted in the unauthorized discharge of fill into 0.228 acres of isolated onsite wetlands within the project site; 3. Expansion of the facility in the northeast corner of the project site, which resulted in the unauthorized filling of 0.24 acres of jurisdictional wetlands; 4. Unauthorized road grading activities around historic rice checks south of the facility (i.e., stormwater filtration field) resulting in the discharge of fill into jurisdictional wetlands and Waters of the State; and 5. Discharge of industrial stormwater runoff generated from the facility onto historic rice checks located south of the facility boundaries. Phase 2 of the project allows for a 64-acre expansion of the project boundary for a total site acreage of 126.7 acres. The expansion will include modifications to the facility's operations, construction of new improvements, and additional road construction around the stormwater filtration ponds. ANALYSIS The ODW CUP includes 48 conditions of approval, consisting of 14 mitigation measures pursuant to the California Environmental Quality Act (CEQA) and 34 other conditions from a variety of County departments and local agencies including Development Services (Planning and Building Divisions), Public Works, Public Health, Butte County Fire/CAL-FIRE, Agricultural Commissioner, County Counsel and the Butte County Air Quality Management District. Staff contacted each of these departments and agencies concerning their monitoring responsibility and the status of each of the 48 conditions of approval as provided in the attached Monitoring Report. The following 5 CUP conditions/mitigation measures have not been complied with at the time staff report submittal. Staff provides a status for each of the applicable conditions/mitigations. All the ODW CUP conditions/mitigations, and their status are provided in the attached Monitoring Report. ODW has been made aware of the outstanding status of the five conditions/mitigations and in each case, they are actively pursuing compliance with appropriate County departments. Condition No. 13 / Mitigation 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. Status: Cleared. The Butte County Public Health Department inspected the facility on May 17, 2022 and found that the facility was not in compliance. On August 15, 2022 additional review by the Butte County Public Health Department resulted in clearance of this condition. Condition No. 29: Prior to any grading on the site or establishing any of the proposed uses, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite 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. Status: Applicant submitted an updated grading and drainage plan for Phase II (facility expansion) on March 6, 2022. Plan check comments were issued to the applicant on March 29, 2022. The applicant indicates that their engineer will be providing information to Public Works no later than May 27, 2022. On August 16, 2022 the Department of Public Works notified Planning that the condition had not yet been approved. Condition No. 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. Status: Cleared. The Butte County Public Health Department inspected the facility on May 17, 2022, and found that the facility was not in compliance. On August 15, 2022 additional review by the Butte County Public Health Department resulted in clearance of this condition. Condition No. 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. Status: Cleared. The Butte County Public Health Department inspected the facility on May 17, 2022, and found that the facility was not in compliance. On August 15, 2022 additional review by the Butte County Public Health Department resulted in clearance of this condition. Condition No. 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 Status: Partial Compliance. The applicant has revised the Material Handling and Fire Prevention Plan to alter pile sizes due to new processing equipment. CAL-FIRE advised applicant to submit the document for review and they are currently working with CAL- FIRE. Adequate pile separation, perimeter access and fire flow are all compliant. EXECUTIVE SUMMARY Historical Record: Regarding Butte County Department of Public Health conditions 13, 34, 35, as of June 22, 2022: • They have not submitted a Spill Prevention Control and Countermeasure Plan (SPCC) as required under APSA. They were given until July 30 to correct this violation and we have not received the plan to date. • They corrected the HMBP violation by submitting a HMBP in CERS on May 17, 2021. • Based on the facility, they do not generate hazardous waste so there is not an inspection report for this program. • See attachments 1 & 2 for historical inspection record. As of August 15: Tristan – Old Durham Wood came into compliance today with the outstanding APSA violation from the inspection in May. The facility has now completed all Haz Mat requirements so we are good with the clearance for the Use Permit. Regarding Butte County Department of Public Works condition 29: The applicant submitted a revised grading and drainage plan for the Phase II expansion to Public Works on May 25, 2022. Public Works issued plan check comments on June 16, 2022. As of August 16, 2022 the plan had not been approved. Regarding Butte County Fire, CAL-Fire condition 44: On July 8, 2022 a review of the Material Handling and Fire Prevention Plan was made by Fire Captain Chris Boyd. There was one correction regarding firewood pile dimensions. ODW requested to increase pile size from 8’x 60’ x 250’ to 8’ x 100’ x 300’. Fire Captain Boyd could not support this request. There is not sufficient room given the current configuration and building location to accommodate this increase. Fire Captain Boyd requested that ODW maintain 8’ x 60’ x 250’ piles with 12’ drive aisles with no impingement and 50’ separation from all buildings. ATTACHMENTS: 1. Aboveground Petroleum Storage Act (APSA) Program Inspection, dated May 17, 2022. 2. Hazardous Materials Business Plan (HMBP) Program Inspection, dated May 17, 2022. CUPA-OFFICIAL INSPECTION REPORT Notice of Violation and /or Notice to Comply Aboveground Petroleum Storage Act (APSA)Program Inspection Division of Environmental Health202 Mira Loma Dr T:530-538-7281Oroville, CA 95965 F:530-538-5339 buttecounty.net/publichealth Page 1 of 1 DALCFCAVW : : : : Site Address :Facility Name OLD DURHAM WOOD - MAIN FACILITY 1156 OROVILLE CHICO HWY FA0006855Facility ID OLD DURHAM WOOD - MAIN FACILITY RANDY MCLAUGHLIN Owner (530)342-7381 Owner Phone : 4005 APSA QUALIFIED (1320-10,000g SPCC) 10899706CERS ID Program : PR0010702:Record ID Inspection Type: Regular Inspection Inspection Date: 5/17/2022 An inspection of your facility revealed the following violations. Please note the required corrections and compliance submittal date, or Return to Compliance submittal date. Thank you for your cooperation. Inspection Violations Class II SPCC has been prepared Comply by 7/30/2022 Not In Compliance Violation Description: Failure to prepare a Spill Prevention Control and Countermeasure (SPCC) Plan . HSC 6.67 25270.4.5(a); 40 CFR 1 112.3, 112.6 Inspector Notes and Required Corrections: New facility stores on site over 1320 gallons of petroleum. Facility qualifies as an Aboveground Storage Tank Tier I facility, and does not have a Spill Prevention Control and Countermeasure Plan. Corrective Action: Prepare an SPCC Plan for the facility and submit to Adrienne Walker at awalker@buttecounty.net on or before July 30, 2022 for review and approval. Overall Inspection Comments If checked, complete the "Return to Compliance Self-Certification" form to BCEH CUPA by the comply-by date listed above, along with any other required documentation. Consent to perform the inspection, review documents, copy documents, take photos or collect samples provided by Tim Merrill at 09:00 a.m. No copied documents or samples were obtained during this inspection. Inspection report not signed due to Covid-19 health concerns. Consent Given by Any items checked are in violation. A reinspection may occur at anytime to verify compliance. Non-compliance could result in reinspection fees, permit revocation and/or administrative/civil/criminal penalties. Any time granted for correction of the violation(s) does not preclude any enforcement action by this Department or other agencies. Adrienne Walker Inspector Name CUPA-OFFICIAL INSPECTION REPORT Notice of Violation and /or Notice to Comply Hazardous Materials Business Plan (HMBP)Program Inspection Division of Environmental Health202 Mira Loma Dr T:530-538-7281Oroville, CA 95965 F:530-538-5339 buttecounty.net/publichealth Page 1 of 1 DASFDTNWC : : : : Site Address :Facility Name OLD DURHAM WOOD - MAIN FACILITY 1156 OROVILLE CHICO HWY FA0006855Facility ID OLD DURHAM WOOD - MAIN FACILITY RANDY MCLAUGHLIN Owner (530)342-7381 Owner Phone : 4229 B2 - RANGE 1 - 550 - 5,500 GALLONS 10899706CERS ID Program : PR0010701:Record ID Inspection Type: Regular Inspection Inspection Date: 5/17/2022 An inspection of your facility revealed the following violations. Please note the required corrections and compliance submittal date, or Return to Compliance submittal date. Thank you for your cooperation. Inspection Violations Class II Business plan electronically submitted initially, annually, or triennially Comply by 6/7/2022 Complied on 5/17/2022 Violation Description: Failure to complete and electronically submit initially, annually, or triennially, a business plan when storing/handling a hazardous material at or above reportable quantities. HSC 6.95 25505, 25508(a)(1) Inspector Notes and Required Corrections: Facility was operating without a business plan while storing and handling hazardous materials above reportable quantities. Corrective Action: Complete and electronically submit a business plan to the California Environmental Reporting System (CERS) RTC: Business plan was submitted to CERS. Overall Inspection Comments If checked, complete the "Return to Compliance Self-Certification" form to BCEH CUPA by the comply-by date listed above, along with any other required documentation. Consent to perform the inspection, review documents, copy documents, take photos or collect samples provided by Tim Merrill at 09:00 a.m. No copied documents or samples were obtained during this inspection. Inspection report not signed due to Covid-19 health concerns. Consent Given by Any items checked are in violation. A reinspection may occur at anytime to verify compliance. Non-compliance could result in reinspection fees, permit revocation and/or administrative/civil/criminal penalties. Any time granted for correction of the violation(s) does not preclude any enforcement action by this Department or other agencies. Adrienne Walker Inspector Name