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HomeMy WebLinkAboutADM20-0050_Administrative Permit_Old Durham Wood Inc_Final 2020-05-13Page 1 of 7 ADMINISTRATIVE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR May 13, 2020 DATE: ADM20-0050 PERMIT NO. 040-120-036 (Old APN: 040-120-033) ASSESSOR’S PARCEL NO. Pursuant to the provisions of Chapter 53, Camp Fire Recovery, of Butte County Code and the special conditions set forth below: Old Durham Wood, Inc. is hereby granted an Administrative Permit to operate a temporary log storage and processing yard for logs and vegetation that are burn-damaged or otherwise removed due to safety issues associated with the Camp Fire. Proposed operations include the storage of logs and chipping and grinding of woody debris from the removal of dead and dying trees until December 31, 2020, unless the date is extended by the Butte County Board of Supervisors. Logs brought to the site will be inspected for metal and other contaminants. Logs that are acceptable for milling will be reloaded and removed from the site. Unacceptable logs will be ground and chipped onsite by existing equipment permitted under the facility’s conditional use permit (UP14-0002) before its transported offsite to a cogeneration plant. In most cases, chipped materials will be blown directly into chip vans and hauled offsite, as there is limited space available due to the facility’s existing green waste, composting, and firewood processing business. However, some processed materials may be stored for longer periods for future shipping. The project area of the temporary log storage and processing yard encompasses approximately 31 acres of the 65-acre facility; however, approximately 10 acres of the 31-acre project site will be used for log storage. The facility is located at 1156 Oroville-Chico Highway, Durham, California. I. 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 Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. 3. 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. 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. Page 2 of 7 5. 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: Butte County Planning Division 1. The approved use shall be developed and maintained in substantial conformance with the approved site plan on file with the Butte County Planning Division. Minor changes to the plans may be allowed subject to the prior written approval of the Director of Development Services, if found to be in substantial conformance to the approved project. 2. Expiration. This Permit shall expire on December 31, 2020, unless extended by the Butte County Board of Supervisors. 3. Allowed Uses. Temporary Log Storage Yards allow for the processing of logs and vegetation (e.g., chipping, milling, etc.) but not the burning of logs and vegetation, and may include associated equipment repair, construction trailers, employee parking and portable bathroom facilities set up for use by the personnel assigned to the yard, but not residences other than the transitory use of a recreational vehicle for a temporary caretaker quarters in conformance with Butte County Code Section 53-34. 4. Logs and wood waste originating from routine utility line maintenance shall not be stored at Temporary Log Storage Yards. 5. Logs and/or vegetation harvested or cleared as part of a timber harvest plan or exemption under the Forest Practice Rules are not subject to the definition and standards contained in Butte County Code Section 53-10 and 53-19, as included in the conditions listed in this permit. 6. Siting Criteria. To the extent practicable, temporary log storage yards shall be located on flat areas of the site that are already disturbed and in such a manner to decrease impacts to uses on surrounding properties. 7. Approved Access. Temporary log storage yards shall have access onto a public road. If the public road is a County road, the approach shall be made with an encroachment permit approved by the Department of Public Works. If the public road is a State highway, the approach shall be made with an approved encroachment permit issued by the California Department of Transportation (CalTrans) District 3 Office. If the public road is accessed by a private road, there shall be an approved encroachment permit as required in the prior two sentences where the private road connects to the public road, and there shall be an approved road maintenance agreement that allows for the proposed use along the private road. 8. On-site Roads, Driveways and Aisles. Temporary log storage yards shall have on-site roads, driveways and aisles. On-site roads, driveways and aisles shall have a 6 inch Class 2 aggregate base, a minimum width of 25 feet, and shall be capable of supporting a 40,000 lb. load that will allow for ingress and egress of fire apparatus to within 150 feet of all piles and structures, and shall have a vertical clearance of no less than 15 feet. Page 3 of 7 9. Biological Resources. Temporary log storage yards shall not be located on lands containing wetlands, and/or endangered and protected plants and animal species. A biological report shall be furnished to the Department of Development Services demonstrating that the site does not contain wetlands and/or endangered or protected plants and animal species. A temporary log storage yard shall not expand without providing a site plan and a biological report to cover the expanded area. 10. Storage or Processing of Debris Prohibited. The storage or processing of debris from the Butte County Camp Fire Consolidated Debris Removal Program at any temporary log storage yard, including the storage of trucks or equipment loaded with debris, is expressly prohibited. 11. Noise. Quiet hours shall be maintained from 7 pm to 7 am seven days a week. During quiet hours, generators and heavy equipment shall not be operated and noise levels shall conform to Butte County Code Chapter 41 A, Noise Control. Outside of quiet hours, noise sources associated with temporary log storage yards shall be exempt from the requirements of Butte County Code Chapter 41A, Noise Control. 12. Outdoor Lighting. All outdoor 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 in accordance with the Butte County Zoning Ordinance, Article 14, Outdoor Lighting. 13. Air Quality and Dust Control. All best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during activities on the project site. A plan shall be provided to the satisfaction of the Director of Development Services to address: a. Mobile and stationary toxic air contaminants; and b. Fugitive dust and ash. Best practice measures shall comply with the Butte County Air Quality Management District’s Rule 205 – Fugitive Dust Requirements and shall include, but not be limited to, the following: i. Reduce the amount of the disturbed area where possible. Stabilize disturbed area soils during use and at project completion. ii. Apply water or a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes. iii. Limit vehicle speeds to 15 miles per hour on any unpaved surfaces at the project site. iv. Clean visible track-out onto adjacent paved roadways daily. Track-out shall not extend more than 25 feet in cumulative length from the active project site. v. Post a sign in a prominent location visible to the public with the telephone numbers of the contractor and Air District for any questions or concerns about dust from the project. 14. Performance Guarantee. In approving a temporary administrative permit for a temporary log storage yard, the Director of Development Services shall require a performance guarantee as provided by Section 24-245 of the Butte County Code in the amount of $2,000.00 per acre of land disturbed in order to guarantee the proper completion of any approved work and to ensure that site reclamation is completed to the satisfaction of the Director of Development Services. Lands shall be restored or reclaimed to the satisfaction of the Director of Development Services prior to release of the performance guarantee. Due to the project site being located within an existing green waste facility, reclamation is Page 4 of 7 limited to the removal of logs from the site upon completion of this permit, which will occupy no more than 10 acres of the 31-acre project site. Therefore, the performance guarantee is limited to the acreage associated with the log storage. 15. Reclamation Required. The application for a temporary administrative permit for a temporary log storage yard shall be accompanied by a detailed plan for the restoration or reclamation of the subject property to the satisfaction of the Director of Development Services. There shall be no grading of the site without the prior approval of the Director of Development Services, but if grading is allowed, topsoil shall be conserved to be used for reclamation. At minimum, a plan for restoration or reclamation shall include: a. Clearance of the site of all vehicles, equipment and materials utilized as part of the temporary log storage yard; and b. Stabilization of the site, implementation of erosion control measures, and successful revegetation to the satisfaction of the Director of Development Services in order to render the site suitable for the use for which it was zoned. Butte County Fire Department/CAL FIRE 16. Property Line Setbacks and Defensible Space. All log piles and other piles shall be setback a minimum of 150 feet from all outside property lines and any permanent structures. There shall be an area of defensible space that is a minimum of 150 feet wide around the perimeter of the temporary log storage area that shall not be graded but shall be kept clear of grass and vegetation to support fire protection by clearing, disking, grubbing, and/or scraping. CAL-FIRE shall have discretion to address unique circumstances. 17. Portable Pump and Water Storage. CAL FIRE/Butte county Fire Department requires a portable pump capable of pumping 50 gallons per minute and a minimum of 250 gallons of water on site for fire suppression. A water tender with a minimum 250-gallon capacity will suffice for this requirement; Public Resources Code, Section 4430 18. Per California Public Resource Code, Section 4428, each site shall have a sealed box of tools that shall be located, within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain:  one backpack pump-type fire extinguisher filled with water, two axes, two McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire. In addition, one or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area. a. When a fire starts, a telephone call must be made to 911 immediately to inform that there is a fire. The facility operator shall develop a plan for monitoring, controlling, and extinguishing fires. The plan shall be submitted with the application for the temporary administrative permit for review and approval by fire officials. b. Smoking may only occur in designated locations shown on the site plan. c. Log piles shall not exceed 20 feet in height, 300 feet in width, and 500 feet in length. Log piles shall be stabilized by a means approved by the fire marshal. d. Other piles made of incidental log related materials shall not exceed 20 feet in height, 150 feet in width, and 250 feet in length. Page 5 of 7 e. All piles shall be separated from all other piles by 100 feet and shall include on-site roads, driveways, and aisles as discussed above. f. All piles shall be monitored by a means approved by the fire marshal to measure temperatures. Internal pile temperatures shall be monitored and recorded weekly. A plan by the permittee for restricting and mitigating excessive temperatures shall be submitted with the application for the temporary administrative permit for review and approval by fire officials. g. Regular inspections of the temporary log storage yard by trained fire personnel shall be allowed and facilitated by the facility operator. h. Cutting activities shall comply with California Fire Code Chapter 35. 19. Prior to establishing the use, the facility (log storage area) shall be inspected by the Butte County Fire Department/CDF and shall meet the requirements of Butte County Code, Section 53-19. Public Works Department 20. Perimeter Stormwater Control. When the temporary log storage yard is prepared for operations or the soil is disturbed, improvements shall be designed and implemented such that water accumulating within the project will be carried away from the project without injury to any adjacent improvements, residential sites, or adjoining areas. The design shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board’s Construction General Permit 2009-009-DWQ. All natural drainage that enters the project area must leave the project area at its original horizontal and vertical alignment and with the same pre-improvement quantity. Implementation of erosion control within the project area and sediment control basins at drainage outlets shall conform with California Stormwater Quality Association (CASQA) design criteria. Sites that meet EPA’s criteria for a Rainfall Erosivity Waiver (https://www.epa.gov/sites/production/files/2015-10/documents/fact3-1.pdf) or are fully stabilized with erosion control measures are not required to install sediment control basins. 21. Water Quality and Erosion Control. Any surface disturbance over one acre in size shall require a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer and the submittal of a Notice of Intent to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ as amended). If the area of disturbance is one acre or less, then along with an application for a temporary log storage yard, an Erosion and Sediment Control Plan (ESCP) shall be developed by the facility operator, submitted for approval, and adhered to for erosion and sediment control. The ESCP shall contain a description detailing which Best Management Practices (BMP) will be used, how they will be used, and where they will be used in conformance with the California Stormwater Quality Association (CASQA) BMP Municipal Handbook. The ESCP shall contain a description of temporary and permanent measures and include ingress/egress control measures and street sweeping. Plans shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board’s Construction General Permit 2009-009-DWQ. Upon completion of the project, all temporary sediment control measures shall be removed from the site. All permanent sediment control measures must be maintained by the parcel owner. Building Division Page 6 of 7 22. Building Permit(s). 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. 23. Electricity and Electrical Equipment. If new electricity connections are brought to the site, a building permit is required. Electrical wiring and equipment shall comply with the California Electrical Code. Environmental Health Division 24. No structural fire debris or hazardous materials may be brought onto or stored in the yard including any that may have been deposited on logs or vegetation. 25. This facility operates under two separate solid waste facility permits issued by the Butte County Environmental Health Division and is routinely reviewed and inspected for permit and regulatory compliance. This facility must continue to operate under conditions prescribed by state regulations for solid waste facilities and maintain all necessary permits as prescribed by the Butte County Environmental Health Division. 26. For sanitation purposes there shall be a minimum of one portable toilet and one handwash station at the facility for employee use. The portable toilet shall be routinely serviced by a licensed service provider. 27. For water that is provided for human consumption, either from an on-site well or transported to the facility and held in a storage tank, the facility operator must meet the following requirements: if there are 25 or more people/day consuming the water, the facility operator shall contact the Butte County Environmental Health Division for public water system permitting requirements and must operate in accordance with those requirements; if there are fewer than 25 people/day consuming the water, the facility shall have the water tested for and be in compliance with minimum bacteriological standards as required by the Butte County Environmental Health Division. If bottled water is provided, there are no requirements for testing. 28. The storage of any hazardous material at or above State-defined thresholds shall require the approval of a Hazardous Material Business Plan by the Environmental Health Division of the Department of Public Health. General Conditions 29. Additional Requirements. The temporary administrative permit may be subject to additional requirements from Butte County Fire, Butte County Public Works, the Butte County Air Quality Management District, the California Department of Transportation, the Butte County Public Health Department, and the State Regional Water Quality Control Board. 30. Strict Compliance. 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. 31. Public Nuisance. Approved operations shall be managed and monitored to insure that activities do not constitute a public nuisance, as defined in State and local law. A temporary log storage yard that is Page 7 of 7 operating in violation of Butte County Code Chapter 53, and the conditions of this permit, poses a health and safety hazard and is found to be a public nuisance. 32. Enforcement. The Director of Development Services may initiate enforcement using any process set forth in the Butte County Code, including, but not limited to, Code Enforcement pursuant to Chapter 41 and Nuisance Abatement pursuant to Chapter 32A, and may seek the imposition of costs and civil penalties pursuant to the Butte County Code. Nothing in this provision is intended to prevent alternative enforcement mechanisms. If the Chapter 41 Code Enforcement process is used, the penalties set forth in section 41-5 are increased because the health and safety hazards to the public are greater than in the general code enforcement context. The increased penalties are a fine of one thousand dollars ($1,000.00) for the first conviction, a fine of three thousand dollars ($3,000.00) for the second conviction within a twelve (12) month period, and a fine of five thousand dollars ($5,000.00) for a third conviction, as well as all additional convictions, within a twelve (12) month period. _______________________________________ Butte County Zoning Administrator I have read and agree to comply with the foregoing conditions of approval. Date: _____________________________ _______________________________________ Applicant