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HomeMy WebLinkAboutUP14-0002_Conditional Use Permit_Signed.pdfPage 1 of 18 CONDITIONAL USE PERMIT BUTTE COUNTY PLANNING COMMISSION __May 22, 2014_ __________ DATE: __UP14-0002____________ ___ PERMIT NO. ASSESSOR’S PARCEL NO. 040-120-033 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. 24-45.65. 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. 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 Section 24-45 (of the Zoning Code) 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 Section 24-45.25 above, 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. Page 2 of 18 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. DESCRIPTION OF APPROVED USE: The following description, together with the approved Site Plan incorporated herein by reference, shall constitute the entire approved use and structures authorized by this Conditional Use Permit: Chipping and Grinding Operations Green material used in the chipping and grinding operation comes from both the general public as well as commercial businesses. Green Materials are defined in 14 CCR §17852(a)(21) as any plant materials that are separated at the point of generation, contains no greater than 1.0 percent of physical contaminants by weight, and meets the requirements of 14 CCR §17868.5. Green materials include, but are not limited to, yard trimmings, untreated wood wastes, natural fiber products, and construction and demolition wood waste. Green material does not include food material, biosolids, mixed solid waste, materials processed from commingled collection, wood containing lead- based paint or wood preservative, mixed construction or mixed demolition debris. The general public and commercial businesses deliver green materials to the Public Green Waste Dumping station within the facility. Green materials will also be delivered to the site from the North Area Recovery Station (NARS), located in Sacramento. Green materials delivered by NARS are transported to the site by commercial trucks and would be deposited in the truck dump station, located adjacent to the Green Waste Grinding area. The general public and commercial businesses unload their own materials by hand or by other mechanical methods that are 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 the unloading of the materials. Commercial trucks that bring material from NARS would use the on-site truck dump to facilitate the removal of material from their trailers. Once a sufficient amount of green waste material from NARS or the general public has accumulated, a front-end loader will bring the materials to the screening system or directly to the grinder to be processed into biomass fuel for consumption in a co-generation power plant. The chipping and grinding operation has the capacity to store up to 30,000 cubic yards of green waste material (raw and processed) at the facility. Green waste material from NARS is processed about twice a week. Green waste material from the general public and commercial businesses is processed about every 1-3 weeks depending on the volume of material received. Materials are processed through a horizontal grinder and are then passed through a screener to separate the smaller material (fines) from the larger material. The larger materials, such as tree stumps and logs, will be processed less frequently (i.e. when it will be needed or when there is a buyer for the material). Page 3 of 18 The length of time that the processed materials from the public will stay on site depends on the needs of the co-generation power plants. At certain times of the year they may stop accepting processed green waste, in which case, materials would be stored onsite until there is a need for it. During the fall and winter months, co-generation power plants have a greater need for material to burn and they accept more processed green waste. During the late spring and summer, there is more agriculture material available to them, so co-generation power plants cut back on accepting processed green waste. Green waste material from NARS is hauled off by Sierra Pacific Industries. Their material may stay on site for up to two months, but is usually hauled out within 4 weeks. Between the public green waste and the green waste material from NARS, a total of 300,000 cubic yards of green waste material is processed each year. Public green waste accounts for about 60,000 cubic yards, and the green waste from NARS is about 240,000 cubic yards. There are between 30-50 public vehicles accessing the site each day, consisting of landscapers, homeowners and small businesses that generate green waste. There are between 10-15 NARS trucks accessing the site each day. Most of the NARS trucks are immediately loaded with processed material to be hauled off. Occasionally a truck will arrive empty and leave with biomass fuel or drop off NARS material and leave empty. Load checks are performed periodically throughout the day and people found bringing in unacceptable materials are asked to remove the materials from the site and their dumping privileges may be revoked. The material is also checked before being pushed into larger piles and any hazardous or unacceptable materials are removed and placed in the appropriate dumpsters. An onsite 20-yard trash/recyclable dumpster and dumpsters for metal are available. Firewood Processing and Storage Operations A Firewood Processing and Storage Operation includes the pruning and sale of orchard and farm wood obtained from off-site or on-site sources, on a site occupying no more than 20 percent of the parcel’s total size, and where more than 100 cords of firewood is stored for processing and off-site or on-site sales. Wood used in the firewood processing operations are harvested from area orchards and purchased from Sierra Pacific Industries. It consists mainly of Almond, Walnut and Eucalyptus but can also include other types of orchard or farm wood. Wood is cut off- site and loaded onto trucks and hauled into the project site to be stored and cured. Logs brought to the site are unloaded with one of the wheel loaders and stacked. When time permits, the logs are cut into firewood lengths for curing. The wood is cured until the moisture content is below 20%, which generally takes 10-12 months. Cured wood is then split in place using portable hydraulic wood splitters. Split firewood is assembled into bundles, stacked on pallets, and shrink-wrapped. Firewood pallets are shipped from where they are made or moved into the on-site building for storage. Up to 6,000 cords of wood are processed every year. Commercial trucks ship the finished product to customers. Approximately 200 commercial truck trips (400 including return trips) are generated each year. The majority of truck trips occur between November and January, with approximately 5 to 25 truck trips each week. Approximately 2 to 5 truck trips are Page 4 of 18 generated each week during the remaining months of the year. No firewood sales directly from the project site are proposed. 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 can be applied as a soil conditioner and 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 of the incoming green waste. Composting feedstock is initially pushed into static piles until a sufficient quantity of feedstock has been accumulated, at which point, composting feedstock is transported by trailers or loaders into designated windrow areas. Approximately 2 acres is currently used, and approximately 6.6 acres of the project site will be used for composting operations. Windrows will be no larger than 100’ long by 20’ wide by 9’ high and will be spaced at least 20’ apart to provide access, windrow loading, monitoring, watering and turning. The temperature and moisture of the composting materials would be monitored and controlled on a daily basis. New feedstock materials would be subsequently added to the newest side of the windrow. Windrows would be turned a minimum of 5 times during the 15 day pathogen reduction period to promote aerobic decomposition. When the desired level of decomposition has been achieved, the compost materials would be moved into curing piles for several weeks to months. Upon completion of the curing stage, the finished compost is screened and transported off-site for sale. Orchard/Farm Wood Processing Operations (Milling) Wood used for off-site wood veneer production would be obtained from area orchard supplies and brought to the site intermittently. Wood is initially cut off-site and then transported to the site by trucks. Once on site, chainsaws would be used to trim the logs into appropriate sizes, and then milled into square logs to be stacked on pallets to dry. Boards would be either cured outdoors or it would be placed within one of eight, 450 square foot solar kilns (15’ x 30’) to accelerate the drying process. When logs reach the appropriate moisture content, logs are cut into 2” x 6” boards with the rip saw and transported off-site for additional processing. All scarps generated from processing operations would become feedstock material for chipping and grinding operations. On-site Personnel Total on-site personnel are proposed to be approximately 19-28 employees as follows: Chipping and grinding operations consist of 2-3 employees. There are always two employees’ onsite during business hours that are engaged in the grinding and moving of material, moving of equipment around the yard, loading and unloading of commercial trucks and performing repairs and maintenance. A third employee would be on-site to operate the water truck, when needed. Page 5 of 18 Composting operations consist of 1-2 part-time employees. Sometimes this will consist of one 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 of compostable materials from static piles into windrows, and loading of the finished product to be shipped off-site. Firewood operations consist of 10-15 employees. They work in and around the piles of wood that are curing throughout the yard. They are also in and around the storage building when getting materials or loading trucks. Between 4-7 of the employees are using hydraulic wood splitters to split the round logs into smaller pieces. Between 6-8 people then take the smaller pieces and wrap them into small bundles of firewood and place them on pallets for shipment. Orchard/Farm wood processing operations consist of 6-8 employees. The employees will perform multiple functions including materials handling, using chainsaws to trim logs, loading and unloading trucks, and maintaining equipment. Water Water will be 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. Water is currently provided by an off-site groundwater well located approximately 1 mile from the project site, which is delivered to the site by a 4,000 gallon water truck or in a 1,800 gallon water trailer. A groundwater well is proposed to be constructed at the project site. Once completed, the majority of water for on-site uses will be provided by the well. On-site water would be transferred by underground water lines to fire hydrants in areas identified on the site plan. Additional water for composting may also be pumped from the stormwater retention pond or the leachate retention pond. Storm Water Runoff Storm water runoff from the composting facility is proposed to be managed and monitored in accordance with a Storm Water Pollution Prevention Plan (SWPPP), pursuant to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Industrial Activities (General Industrial Permit). The SWPPP will include Best Management Practices (BMPs) and a storm water monitoring program to ensure that storm water runoff from the facility will not adversely affect water quality. BMPs will include performance standards for any storm water from the composting operation that is discharged off-site. The SWPPP will also include a monitoring and reporting program to determine whether BMPs are effective. Septic System The proposed project includes construction and use of an on-site 1,500 gallon septic system for wastewater disposal needs. The septic system and a dispersal bed replacement field will be located on the southwest corner of the project site. The septic system will be permitted and monitored by the Butte County Environmental Health Division. Page 6 of 18 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 will prepare and maintain an Odor Impact Minimization Plan, pursuant to 14 CCR § 17863.4. In general, the Plan will require the following steps in the event of odors noticed at the site: x Investigate and determine the likely cause off-site odor; x Determine if onsite management practices (e.g. mixing odiferous materials with sawdust or other bulking agent, turning the windrow less frequently, remove odiferous materials from the site, etc.) could remedy any odor problems and immediately take steps to remedy the situation; x Determine whether or not the odor has moved off-site and if so, if it is significant enough to warrant contacting the adjacent property owners and/or the LEA; and x Record the event for further operational review. Dust Efforts will be made to fugitive dust particulates during high wind conditions by applying water from a water truck or water trailer. Future improvements include the addition of fire hydrants 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 will not exceed the field capacity of the compost material and no leachate will be produced. During precipitation, excess moisture would occur as runoff and would be channeled into the water retention ponds. Leachate runoff will be aerated to prevent anoxic conditions, treated with probiotic beneficial microorganisms, then removed and re-incorporated into the compost. Rodents Green materials are not generally considered a food sources for rodents. Any rodents present at the site would mostly be 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 will be monitored at the site. A contract pest control company will be hired for insect control. Litter Green material to be received at the site will come from sources that generate this material and litter is not typically expected to be found in these feedstocks. The facility will reject and return to the generator any load that contains excessive litter. Covered trash containers will be provided in areas where employees and visitors might generate litter. Onsite litter will be collected routinely and disposed of properly. Hours of Operation Page 7 of 18 The facility will operate Monday through Saturday, with the facility closing on Christmas Day and New Year’s Day. Hours of operations will occur between 7:00 a.m. and 7:00 p.m., with the site open to the public between 7:00 a.m. and 5:00 p.m. An on-site attendant will be present at the site 24 hours a day. Operations Equipment Equipment that will be used at the facility includes: x Morbark 6600 Horizontal Grinder or Morbark 1300 Tub Grinder Used in the processing of green waste materials into biomass and compostable materials. x Front Wheel Loaders There are always at least 2 front wheel loaders on site at all times. 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. x Powerscreen Used for screening material from grinding operations to separate the fines (smaller particles such as dirt) from the higher quality biomass fuel. It will also be used for screening finished compost product to remove large pieces prior to sale. x Truck Tipper Used for removing the contents of a commercial truck trailer by raising the trailer to a steep angle so that gravity will cause the material to slide out the back. x 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. x Forklift Used for unloading pallets, crates, and moving packaged firewood products for storage or transport. x Hydraulic Woodsplitters Used for splitting firewood rounds into pieces that can be wrapped into firewood bundles or sold as bulk firewood. x Baker Band Saw Used for cutting orchard/farm logs into square logs, prior to the curing stage of the operation. x Rip Saw Used for cutting cured logs into boards, prior to shipping materials off-site for additional processing. Hazardous Materials Page 8 of 18 Hazardous materials that are currently on-site, and proposed to be added to the facility, consist of the following: x Diesel fuel Diesel fuel is currently stored in a 500 gallon trap wagon to fuel equipment used at the facility. The proposed expansion includes the construction and use of a 10,000 gallon tank for red diesel and a 10,000 gallon tank for on-road diesel. x Gasoline Gasoline that is used for the wood splitter engines is currently stored in a 500 gallon above ground tank located near the existing metal building. The proposed expansion includes construction of a 1,000 gallon above ground tank that will replace the existing 500 gallon tank. x Hydraulic Oil Hydraulic oil is currently kept in 5 gallon buckets inside the metal building, which is used in the wood splitters. Once the fuel storage building is constructed, approximately 350 gallons of hydraulic oil will be stored at the facility. x 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 Driveto be added to the waste oil container. New engine oil is kept in 5 gallon buckets that are kept inside the metal building, which is used for the wood splitters. Up to 350 gallons will be stored at the facility with approval of the expansion. Construction Phasing The proposed expansion is anticipated to be completed in three phases over a 5 year period or as economic and market forces dictate. Phase 1 construction would be initiated and completed within one year of approval of all applicable permits. Subsequent construction phases will be completed once construction activities in Phase 1 have been completed. Phase 1 x Grading of the 25 acre expansion area; x Construction of perimeter berms and application of erosion control measures; x Planting of landscaping, pursuant to the approved Odor Impact Minimization Plan; x Construction of stormwater and leachate drainage detention facilities; x Construction of on-site domestic well and water delivery system to the satisfaction of the Butte County Environmental Health Division; x Construction of on-site septic system, to the satisfaction of the Butte County Environmental Health Division; and x Construction of proposed employee and customer parking area. Phase 2 x Relocation of existing North Area Recovery Station (NARS) green waste chipping and grinding operations into expansion area; x Relocation of existing truck dump equipment into expansion area; x Relocation of existing composting operations into expansion area; Page 9 of 18 x Construction of the 30,000 square foot storage building/office; x Construction of internal haul roads; x Construction of the new driveway encroachment for the public green waste receiving facility; and x Construction of proposed 2,400 square foot fuel station and hazardous materials storage area. Phase 3 x Establishment of the orchard/farm wood processing (milling) facility; x Construction of three, 2,400 square foot pole barns (40’ x 60’) to house woodworking equipment and wood veneers. x Construction of eight, 450 square foot solar kilns (15’ x 30’) for orchard/farm wood drying. Construction of the proposed project would involve various types of equipment, including air compressors, backhoes, bulldozers, excavators, generators, graders, mowers, loaders, and scrapers. Construction activities include excavating topsoil to the underlying hardpan for the purpose of creating a hard, durable surface. Excavated topsoil would be used in the construction of berms surrounding the project site, as well as proposed stormwater drainage facilities. Excavated materials would be protected from soil and erosion using erosion control best management practices. Construction activities would occur during typical daytime hours (i.e. 7 a.m. to sunset, Monday thru Friday, and, between 9:00 a.m. to 5:00 p.m. on weekends and holidays), with all activities proposed to occur within the project site. Construction of the driveway encroachments and any necessary improvements to roadside drainage facilities would be performed in accordance with a Butte County Encroachment Permit. No paving, widening, or other improvements of the access road (Oroville-Chico Highway) would occur. III. CONDITIONS OF APPROVAL: 1.Mitigation Measure #1: The applicant shall implement the following specific mitigation measures to ensure adequate dust control: x Water shall be applied by means of truck(s), hoses and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emission. x Haul vehicles transporting soil into or out of the property shall be covered. x Water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. x On-site vehicles shall be limited to a speed which minimizes dust emissions on unpaved roads. Unpaved roads may be graveled to reduce dust emissions. x Haul roads shall be sprayed down at the end of the work shift to form a thin crust. This application of water shall be in addition to the minimum rate of application. Page 10 of 18 x Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. x Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. x Construction workers shall park in designated parking area(s) to help reduce dust emissions. x Other measures that may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. x Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). 2.Mitigation Measure #2: The applicant shall implement the following mitigation measures to mitigate combustion emissions from heavy-duty construction equipment. x Maintain all off-road equipment in proper tune and regularly serviced according to manufacturer’s specification. x Maximize to the extent feasible, the use of diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. x Electrify equipment where feasible. x Substitute gasoline-powered for diesel-powered, where feasible. x Use alternative fueled construction equipment on site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel. x Use equipment that has Caterpillar pre-chamber diesel engines. 3.Mitigation Measure #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 that minimizes hazards, nuisances and human exposure to dust, particulates and pathogenic organisms. Specifically, the following practices will help minimize the generation and dispersal of dust and fungus spores during composting operations and thus limit exposure: x Refrain from turning, screening, or loading activities on windy days; x Use water spray or mists during grading, screening, and pile turning activities; x Maintain proper moisture levels in active composting piles; x Maintain good housekeeping practices, including site cleanliness; x Provide employee training and the use of personal protective equipment. Page 11 of 18 4.Mitigation Measure # 4: The applicant shall implement the following standard measures as outlined in the BCAQMD CEQA Air Quality Handbook Guidelines for Assessing Air Quality Impacts for Projects Subject to CEQA Review: x Increase building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall or floor insulation, etc.) x Improvement of thermal efficiency of structures as appropriate by reducing thermal load with automated and timed temperature controls, or occupancy load limits. x Incorporate shade trees, adequate in number and proportional to the project size, throughout the project site to reduce building heating and cooling requirements. x Use fleet vehicles that run on clean-burning fuels as may be practicable. 5.Mitigation Measure #5: 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.), and approved by the Local Enforcement Agency (LEA). This plan will be submitted to the 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: x 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. x A description of meteorological conditions effecting migration of odors and/or transport of odor-causing material off-site. Seasonal variations that effect wind velocity and direction shall also be described. x A compliant 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. x A description of design considerations and/or projected 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. x 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. Page 12 of 18 x 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. x The odor impact minimization plan shall be reviewed annually by the operator to determine if any revisions are necessary. 6.Mitigation Measure # 6: 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 project site, the biologist shall consult with the California Department of Fish and Game, and the United States Fish and Wildlife Service to determine appropriate measures to reduce the impact of identified species to a less than significant level. 7.Mitigation Measure #7: If project construction activities are to occur during the nesting season for birds protected under the Migratory Bird Treaty Act and California Fish and Game Code (March 1 to September 15) the applicant shall retain a qualified biologist to perform preconstruction surveys for nesting raptors in the project site. At least two surveys shall be conducted no more than 15 days prior to the initiation of construction activities. In the event that nesting raptors are found on the project site, or the immediate vicinity, the applicant shall: x Locate and map the location of the nest site. Within 2 working days of the surveys prepare a report and submit to the County and CDFW; x A no-disturbance buffer of 250 feet shall be established. In the case of bald eagles, a 1,000 foot no-disturbance buffer shall be established; x On-going weekly surveys shall be conducted to ensure that the no disturbance buffer is maintained. Construction can resume when a qualified biologist has confirmed that the birds have fledged. 8.Mitigation Measure #8: Prior to construction, the project applicant shall install orange construction barrier fencing a minimum of 50 feet around the outer limits of the wetlands and other waters of the United States identified on the project site. The location of the fencing shall be marked in the field with stakes and flagging and shown on the grading plans. The fencing will be installed before construction activities are initiated and will be maintained throughout the construction period. 9.Mitigation Measure #9: Should grading activities reveal the presence of prehistoric or historic cultural resources (i.e. artifact concentrations, including arrowheads and other stone tools or chipping Page 13 of 18 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) 538-6579). 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. These provisions shall be followed during all phases of construction, including land clearing, road construction, utility installation, and building site development. 10.Mitigation Measure #10: Prior to approval of the site grading plan, the applicant shall submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in accordance with the NPDES General Construction Permit requirements. 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. 11.Mitigation Measure #11: The project applicant shall implement the following measures to mitigate construction- related and operational-related greenhouse gas emissions. These measures will be enforced prior to building permit issuance for on-site structures and prior to installation of proposed landscaping: x Achieve CAL Green Tier 1 standards for energy efficiency, water conservation, and passive design for non-residential uses. x Prewire new non-residential development for solar PV systems and maximize roof space to accommodate future rooftop solar installation. x Prewire the facility for ground-mounted solar PV systems. x Improve fuel efficiency from construction equipment by limiting idling time for all construction equipment to three minutes or less. 12.Mitigation Measure #12: 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 Page 14 of 18 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 on-site and all personnel shall acknowledge that they have reviewed and understand the plan. 13.Mitigation Measure #13: 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; and between the hours of 5:00 p.m. and 9:00 a.m. on weekends and holidays. 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. Planning Division, Department of Development Services: 14. 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)). 15. Prior to allowing the general public to access this site, the facility must be deemed ready for access by the general public by the Butte County Departments of Public Health, Public Works, and Development Services. All Use Permit conditions of approval pertaining to access by the general public shall be met prior to allowing the general public to access this site. 16. The Department of Development Services (DDS) is responsible for monitoring the landowner’s compliance with all use permit conditions as detailed above. 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 (Director), 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 Planning Division hourly rate. The current fee amount established in Butte County Code (BCC) and implementing resolutions for Mitigation Measure and Condition of Approval Monitoring (currently $1,719.70) shall be paid within 30 days of the date of project approval. Regarding the monitoring of relevant mitigation measures and conditions of approval after establishment of the approved use, the landowner shall maintain this fee with DDS in an amount (not to exceed the established maximum) at a level determined by the Director to ensure adequate ongoing mitigation measure and condition of approval monitoring. Failure by the landowner to maintain the adequate fee amount may be addressed as a violation of the terms of the Use Permit per BCC Section 24-45.65. Page 15 of 18 17. 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. 18. Prior to issuance of the Conditional Use Permit, the applicant shall pay any outstanding project-related processing fees. 19. 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. 20. 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. 21. Traffic corridors and access to various operations at the site shall be managed in a manner that limits the movement of the public, employees and commercial vehicle traffic. This condition should be addressed in a traffic control plan for the site that utilizes a combination of signage and site attendants. Building Division, Department of Development Services: 22. 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. All existing structures and uses on the project site are subject to review by the Butte County Building Division and must conform to the occupancy ratings of the structures to obtain occupancy. The applicant shall submit tenant improvement plans, together with all applicable fees, to the Building Division for the existing agricultural building and office module located on the project site to ensure compliance with California Building Code. All required improvements to existing structures shall be completed to the satisfaction of the Building Division prior to completion of Phase 1. 24. No permanent residency is allowed on the project site. Prior to issuance of an engineered grading plan or building permit, the applicant shall remove all existing recreational vehicles and travel trailers from the project site. Land Development Division, Department of Public Works: Page 16 of 18 25. Prior to construction activities within the Public Right-of-Way, the applicant shall obtain an encroachment permit and 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. 26. 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 and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. 27. 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. Environmental Health Division, Public Health Department: 28. The applicant shall maintain the working order of the well that was finaled by the Environmental Health Division on April 11, 2014 to ensure that sufficient quality and quantity of on-site water is available to meet the daily needs for operations at the facility. 29. Prior to approval of an engineered grading plan or building permit, the applicant shall obtain an On-Site Wastewater System Construction Permit from the Butte County Environmental Health Division. The applicant shall comply with the applicable requirements specified in the On-Site Wastewater Ordinance (Chapter 19 of Butte County Code) in order for final approval to be given to operate the on-site system. 30. The applicant shall meet State regulatory requirements and operating standards for compostable material handling facility for a full solid waste facility permit (SWFP), as specified in Chapter 3.1, Title 14 CCR. 31. The applicant shall obtain, and adhere to all requirements of, a Spill Prevention and Control and Countermeasures Plan (SPCC) for the storage of hazardous materials at the site, or if hazardous materials are generated at the site, to the satisfaction of the Butte County Environmental Health Division. This condition shall be fulfilled prior to storage of hazardous materials on the project site. Butte County Fire Department/CalFire: 32. 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. Page 17 of 18 33. 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. 34. 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: x 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; x Provide for fire apparatus access to the entire site including maintaining minimum aisle widths and separation between piles; x Provide fire flow (stored water and well flow) to industry standards and fire department approval. Butte County Agricultural Commissioner’s Office: 35. 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. 36. 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 Project, 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: 37. The applicant shall comply with all regulations of the Butte County Air Quality Management District, including obtaining any required permits necessary for the Project. The applicant shall provide the Butte County Development Services Department with a letter from the District confirming that all necessary permits from the District have been obtained. County Counsel: 38. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board’s appeal hearing. If the application is not appealed, this condition is deemed satisfied.