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HomeMy WebLinkAbout4.PROJ-26-0028 UP19-0003_Conditional Use Permit_COAPage 1 of 11 CONDITIONAL USE PERMIT BUTTE COUNTY PLANNING COMMISSION August 22, 2019 DATE: UP19-0003 (Amendment to UP17-0009) PERMIT NO. 040-600-081 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Franklin Construction, Inc. is hereby granted a Conditional Use Permit to establish a stationary hot mix asphalt batch plant, construction equipment storage, maintenance and repair facility, and a concrete and asphalt rubble, dirt and aggregate recycling facility, on 50.59 acres situated within the HI-RW zone, and located along the north side of Neal Road, ½ mile east of the intersection of State Highway 99 and Neal Road, within assessor’s parcel number APN: 040-600-081. The proposed facility will include the construction of a new 6,600 square foot metal building that would be used for equipment repair and maintenance activities of company-owned equipment. The maintenance building will be a 60’ x 111’ pre-engineered building that consists of a large shop area, two restrooms, two offices, a breakroom, parts room and tool room. Company-owned heavy equipment and vehicles will be stored outdoors in an uncovered area approximately 200’ x 250’ (1.14 acres) in size, situated directly north of the proposed maintenance building. The proposed recycling facility will utilize approximately 9 acres of the site, in five (5) separate processing and stockpile areas. The recycling facility includes importing and temporary stockpiling of dirt, aggregate, concrete and asphalt rubble materials, which will ultimately be processed and exported by truck to off-site construction projects. Processing of materials will involve combinations of screening, crushing, and sorting. During winter (November-February) there will be minimal activities on the property. A mobile crusher will be brought to the site approximately 1 to 2 times a year to process concrete/asphalt rubble. Crushing activities will be limited to weekdays (Monday-Friday) between the hours of 7:00 am and 4:00 pm. The proposed batch plant requires the flexibility to operate 24 hours a day, 7 days a week. However, typical operating hours for the plant will be Monday through Friday 6:00 am to 5:00 pm, with only occasional weekend and nighttime operations to occur, depending on the needs of the specific construction project. Peak operations typically occur between June and October. 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 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. Page 2 of 11 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. 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 A lighting plan shall be submitted for approval prior to building permit issuance. Any new outdoor lighting shall be consistent with Chapter 24, Article 14 or the Butte County Code, and not adversely affect night time views. Lighting shall be designed to ensure that no direct offsite spill of light or glare will occur. Plan Requirements: A lighting plan shall be submitted for approval by the Planning Division of the Department of Development Services prior to issuance of building permits. This note shall also be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout the life of the project. Monitoring: The Butte County Department of Development Services shall ensure that the note is placed on all development plans. The Department shall respond to nuisance complaints. 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. Page 3 of 11 Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than 10,000 Pounds • 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 http:www.arb.ca.gov/toxics/atcm/atcm.htm). • 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 project 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. Page 4 of 11 • 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. • 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 construction activity 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: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services shall ensure that the note is placed on all development plans. Building inspectors shall spot check and shall ensure compliance on- site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 3. Mitigation Measure BIO-1 Construction staging, storage, and parking areas shall be located 500 feet from streams and wetlands. All refueling, fuels, and equipment maintenance shall occur 500 feet from wetlands and streams. Vehicle travel adjacent to wetland and riparian areas shall be limited to existing roads and designated temporary access roads. Sensitive natural communities (i.e., wetlands, ephemeral drainages and oak woodlands) shall be conspicuously marked in the field (including suitable buffer zones) to minimize impacts on these communities, and work activities shall be limited to outside the marked areas. Page 5 of 11 Plan Requirements: The above-referenced mitigation shall be included on project improvement and building plans. Timing: Requirements of the condition shall be adhered to prior to construction activities, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the above-referenced mitigation shall be included on project improvement and building plans. Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 4. Mitigation Measure BIO-2 Prior to any construction activities that would disturb protected wetlands and/or jurisdictional areas, the project applicant shall obtain the appropriate state and federal authorizations (Streambed Alteration Agreement, Section 404 Permit, Section 401 water quality certification). During construction the project applicant shall comply with the requirements of these authorizations throughout the project. Plan Requirements: Obtain appropriate State and federal authorizations and permits prior to activities that would impact resources under their jurisdiction. The above-referenced mitigation shall be included on project improvement and building plans. Timing: Requirements of the condition shall be adhered to prior to construction activities, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the above-referenced mitigation shall be included on project improvement and building plans. The Department of Development Services shall ensure the condition is met prior to site disturbing activities that would impact resources under the jurisdiction of State and federal agencies. 5. Mitigation Measure BIO-3 The project applicant shall compensate for any direct impacts to protected wetlands and/or jurisdictional areas to ensure no net loss of habitat functions and values. Compensation ratios shall be based on site-specific information and determined through coordination with state, federal, and local agencies as part of the permitting process for the project. Unless determined otherwise by the regulatory/permitting agency, the compensation for wetland creation shall be at a minimum ratio of 1 acre for every 1 acre disturbed, and a minimum of 2 acres of wetland preservation for every 1 acre of wetland disturbed. Compensation may comprise of onsite restoration/creation, off-site restoration, preservation, or mitigation credits (or a combination of these elements). If onsite wetland creation/restoration is proposed, the applicant shall develop and implement a restoration and monitoring plan that describes how the habitat shall be created/restored together with a plan that describes how the habitat shall be monitored over a period of time. Plan Requirements: Obtain appropriate State and federal authorizations and permits prior to activities that would impact resources under their jurisdiction. The above-referenced mitigation shall be included on project improvement and building plans. Timing: Requirements of the condition shall be adhered to prior to construction activities, and throughout all grading and construction periods. Page 6 of 11 Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the above-referenced mitigation shall be included on project improvement and building plans. Building and Public Works inspectors shall spot check and shall ensure compliance on-site. 6. Mitigation Measure BIO-4 The project applicant shall implement the following measures and practices to prevent inadvertent direct and indirect impacts to onsite biological resources such as oak woodlands and Waters of the United States (WOTUS) including wetlands: a. The project proponent shall include a copy of the Biological Opinion (BO), as applicable, within its construction documents making the primary contractor responsible for implementing all requirements and obligations included within the BO, and to educate and inform all other contractors involved in the project as to the requirements of the BO. b. The contractor shall be responsible for understanding and following the guidelines set forth in the Section 404 permit and Section 401 water quality certification and the contractor will avoid and minimize potential construction-related water quality impacts through compliance with the RWQCB by preparing and submitting the following water quality permits and plans: I. A National Pollutant Discharge Elimination System (NPDES) storm water permit for general construction activities. II. A Notice of Intent to obtain proper coverage under the State Construction General Permit. c. The contractor shall ensure, when feasible, that activities that are inconsistent with the maintenance of the suitability of vernal pool crustacean habitat and the associated onsite watershed are prohibited. These include, but are not limited to: I. The alteration of existing topography that may alter hydrology into habitat for Federally- listed vernal pool crustaceans; II. The placement of any equipment within suitable habitat; and III. Dumping, burning, and/or burying of rubbish, garbage, or any other wastes and fill materials within 250 feet of habitat. d. Prior to the commencement of construction activities, high visibility fencing will be erected around the habitats of the federally listed species to identify and protect these Environmentally Sensitive Areas (ESA, e.g. vernal pools) from encroachment of personnel and equipment. These areas shall be avoided by all construction personnel. The fencing shall be inspected before the start of each work day and maintained by the contractor until completion of the project. The fencing may be removed only when the construction of the project is completed. e. Construction timing will be confined to the summer and fall months when Waters of the United States and suitable habitat within the project site are dry. f. During construction activities silt fencing will be erected as necessary to prevent dust from drifting into adjacent WOTUS and suitable habitat. g. During construction operations, the number of access routes, number and size of staging areas, and the total area of the proposed project activity will be restricted to established roadways to minimize habitat disturbance. h. During construction operations, stockpiling of construction materials, portable equipment, vehicles and supplies will be restricted to the designated construction staging areas and exclusive of the ESAs. Page 7 of 11 Plan Requirements: The project applicant shall implement the above-referenced measures and ensure that the measures are included in all construction plans. The above-referenced mitigation shall be included on all project improvement and building plans. Timing: Requirements of the condition shall be adhered to prior to construction activities, and throughout all grading and construction periods. Monitoring: The Butte County Department of Development Services and the Public Works Department shall ensure that the above-referenced mitigation shall be included on project improvement and building plans. Building and Public Works inspectors shall spot check and shall ensure compliance on-site. 7. Mitigation Measure CUL-1 Should 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; 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. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-7321). Should the County Coroner determine 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. Plan Requirements: In the event that potential cultural resources are found during construction activities, construction personnel shall immediately cease work and contact a qualified professional archaeologist to evaluate the discovery. The landowner or construction personnel 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. This mitigation shall be noted on all site development and building plans. Timing: This measures shall be implemented during construction activities, including land clearing, road construction, utility installation, and site development. Monitoring: Butte County Department of Development Services 8. Mitigation Measure GHG-1 The project applicant shall implement the following measures to reduce construction-related and operational greenhouse gas emissions generated by the project. These measures will be enforced prior to building permit issuance for on-site structures and during construction activities: • Achieve CAL Green Tier 1 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. Page 8 of 11 • Improve fuel efficiency from construction equipment by limiting idling time for all construction equipment to three minutes or less. • Use clean or alternative fuel equipment, if available. Plan Requirements: The mitigation shall be noted on all site development and building plans for the subject parcel. Measures shall be implemented prior to issuance of building permits for new non- residential buildings. Construction-related measures shall be adhered to throughout all grading and construction periods. These measures shall be noted on all building and site development plans. Timing: Prior to issuance of building permits for new non-residential buildings. Construction-related measures shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure the mitigation is noted on all site development and building plans for the subject parcel and will review building permit and development plans to ensure the measures have been incorporated into the project design, and perform onsite inspections during construction activities. Department of Development Services 9. 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. 10. 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 approval of the Director of Development Services, if found to be in substantial conformance to the approved project. 11. Prior to issuance of the Conditional Use Permit, the applicant shall pay any outstanding project-related processing fees. 12. 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. 13. The property owner shall record a declaration acknowledging the right to farm, pursuant to Chapter 35 of the Butte County Code (Agricultural Statement of Acknowledgement). 14. Prior to Building Permit approval, the applicant shall submit complete landscape planting and irrigation plans to the Department of Development Services for review and approval. Native drought tolerant landscaping shall be shown on the landscape plans for the area west of the proposed chain link fence between the fence and Neal Road to provide partial screening to the satisfaction of the Zoning Administrator. Landscaping plans for new or rehabilitated landscape installation that equals or exceeds 500 square feet shall be consistent with the requirements of the State of California Model Water Page 9 of 11 Efficient Landscape Ordinance (MWELO) and applicable Butte County Zoning Code requirements for landscaping and parking lot shading. 15. Prior to operation of the concrete and asphalt rubble, dirt and rock recycling facility and/or building occupancy, landscape and irrigation shall be installed per approved plans and certified as required by the State of California Model Water Efficient Landscape Ordinance (MWELO). 16. Rock, asphalt and concrete crushing activities shall be limited to weekdays (Monday-Friday) between the hours of 7:00 am and 4:00 pm. Land Development Division, Department of Public Works 17. 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. 18. Prior to establishing use, submit road and drainage improvement plans to the Land Development Division for construction of street frontage improvements on Neal Road. Improve parcel frontage on Neal Road to an RS-3B county improvement standard structural section including an eastbound left- turn lane and a westbound right turn lane at the primary site entrance in conformance with the recommendations of the Traffic Impact Study dated April 15, 2019, and in compliance with Caltrans Highway Design Manual. Construct or provide a performance bond and labor and material bond for the construction of the required improvements prior to establishing use. 19. Prior to establishing use, drainage plans and calculations shall be submitted to and approved by the Department of Public Works. Engineering plans shall detail existing drainage conditions and specify how storm water runoff will be either detained or retained onsite and/ or conveyed to the nearest natural drainage channel or publicly maintained facility. Engineering calculations shall show there is no increase in peak flow runoff leaving the property. 20. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in ground 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. Submit engineering estimate of area to be disturbed to the Department of Public Works for review and approval. If a construction storm water permit is required, engineering plans shall show the Waste Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and sediment control plan shall be provided to the Land Development Division of the Public Works Department. Environmental Health Division, Public Health Department 21. 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 Page 10 of 11 accordance with Butte County Code, Section 19-7 C (10), and the Butte County On-site Wastewater Manual, Part Three, Chapter 16. 22. 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. 23. 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. Butte County Fire Department/Cal Fire 24. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the current adopted California Fire Code, the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 25. 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. 26. 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. 27. Ensure adequate fire protection measures are in place during construction. 28. 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. 29. A thirty (30) foot firebreaks 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 Page 11 of 11 removing the annual weeds and grasses and other rank growth which is the primary flammable vegetation, and by removing obstructions. 30. The hydrant or fire valve shall be eighteen (18) inches above grade, eight (8) feet from flammable vegetation, no closer than four (4) feet nor farther than twelve (12) feet from a roadway, and in a location were fire apparatus using it will not block the roadway. The hydrant serving any building shall be not less than fifty (50) feet nor more than 1/2 mile by road from the building it is to serve, and be located at a turnout or turnaround, along the driveway to that building or along the road that intersects with that driveway. The hydrant head shall be 2 1/2 inch National Hose male thread with cap for pressure and gravity flow systems and 4 1/2 inch draft systems. Such hydrants shall be wet or dry barrel as required by the delivery system. They shall have suitable crash protection as required by the local jurisdiction. 31. Fire Extinguishers will be required for the S-1 Repair Facility, the type and spacing will be verified by Chris Boyd, Life Safety Officer (530-370-5107). Butte County Air Quality Management District 32. 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 (such as screens, crushers, and conveyors) 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. 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