HomeMy WebLinkAboutUP15-0005_PC Agenda Report_Final
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 1
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT – January 28, 2016
Applicant: Old Durham Wood, Inc. Location: The project site is located at
1156 Oroville-Chico Highway.
The project site is located
approximately five miles
southeast of Chico, westerly of
Highway 99 and 1.8 miles north
of the Durham-Pentz Road exit
to Highway 99.
Owner: Old Durham Wood, Inc.
File #: UP15-0005 Parcel Size: 87.76± acres
Request: Staff requests Planning
Commission review of the
applicant’s compliance with the
conditions of approval for
Conditional Use Permit UP14-
0002
The applicant has requested
amendment of Conditional Use
Permit (UP14-0002) to establish a
security employee unit;
permitting temporary use of
recreational vehicle as a residence
during construction; and,
relocation of the hazardous
materials depot.
Supervisor
District:
4
Planner:
Rowland Hickel
Senior Planner
Attachments
A:Resolution No. 15-__ with
Draft Conditional Use Permit –
UP15-0005 (Exhibit A)
B:Conditional Use Permit UP14-
0002
G.P.: AG (Agriculture) C:Site Plan
Zoning: AG-40 (Agriculture – 40 acre
minimum parcel size)
D:Vicinity Map and General
Plan/Zoning Map
APN: 040-120-033
E: CEQA Addendum to Initial
Study/Mitigated Negative
Declaration (SCH No.
2014042060)
EXECUTIVE SUMMARY
Conditional Use Permit (UP14-0002) was approved by the Butte County Planning Commission on May 22,
2014. The existing facility encompasses 33 acres of an 87 acre property and includes green waste receiving,
chipping and grinding operations, composting operations, firewood processing and storage, together with
accessory structures and uses to support the on-going operations. Approval of UP14-0002 was intended to
correct unpermitted uses at the Old Durham Wood facility, while allowing for a 25-acre expansion of the
facility, provided the activities occurring at the facility was brought into compliance with local and State
regulations.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 2
The applicant is requesting an amendment to UP14-0002 (see Attachment B) to allow establishment of a
permanent security employee unit; permit the temporary use of a recreational vehicle as a residence during
construction of the permanent unit; and, relocate a permitted hazardous materials depot. Approval of the
amendment would remove Condition No. 24 of UP14-0002, which was included to address the continued
presence of three recreational vehicles that were being used by the applicant to provide permanent housing
for several employees without the availability of water, sewage disposal and approved electricity.
Condition No. 24 obligated the applicant to remove all recreational vehicles from the facility, and not allow
permanent residency at the facility, before grading could be performed for the permitted 25-acre expansion.
The Department of Development Services also requests that the Planning Commission review the current
status of UP14-0002, including the applicant’s compliance with the conditions of approval. While the
applicant has completed many of the conditions of approval in UP14-0002, as well as other requirements
to bring the facility into compliance with local and state regulations, staff has identified 10 unresolved
conditions that still must be addressed by the applicant to satisfy the conditions of approval.
RECOMMENDED ACTION
1. Review the applicant’s progress towards compliance with conditions of approval for UP14-0002,
and provide direction to staff, whether to pursue permit revocation or modification.
2. Affirm the Conditions of Approval for UP14-0002.
3. Adopt the CEQA Addendum to Initial Study/Mitigated Negative Declaration (SCH #2014042060).
4. Approve UP15-0005, amending UP14-0002, subject to the conditions and findings recommended
by staff.
I. REVIEW OF THE APPLICANT’S COMPLIANCE WITH CONDITIONS OF
APPROVAL FOR CONDITIONAL USE PERMIT UP14-0002
Staff seeks direction from the Planning Commission whether additional action (e.g. modification or
revocation) should be taken to address uncompleted conditions of approval from UP14-0002. Conditional
Use Permit UP14-0002 for Old Durham Wood, approved by the Planning Commission on May 22, 2014,
is Attachment B to this staff report
The existing facility includes green waste receiving, chipping and grinding operations, composting operations,
firewood processing and storage, together with accessory structures and uses to support the on-going
operations. The project description for approved UP14-0002 described three separate phases for
implementation. The first phase focused on obtaining required permits, correcting existing violations,
constructing needed infrastructure, and grading the 25-acre expansion area. The use permit described Phase
1 activities to be “initiated and completed within one year of approval of all applicable permits.”
Approaching two years since approval of the UP14-0002, the applicant has completed several of the
conditions of approval, obtained required permits, and resolved some longstanding issues. However, not
all conditions have been completed, and the applicant has not been able to initiate grading activities for the
expansion area.
As discussed below, these outstanding conditions of approval have resulted in the applicant not resolving
ongoing issues that were intended to be corrected within one year of approval of UP14-0002.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 3
Conditions of approval and issues addressed by the applicant
In reviewing the applicant’s compliance with the conditions of approval for UP14-0002, staff has
documented the following progress:
1. Obtained an approved Conditional Use Permit (UP14-0002), together with CEQA compliance with
the adoption of the Mitigated Negative Declaration for the project (SCH# 2014042060).
2. Obtained an approved Solid Waste Facility Permit (No. 04-AA-0030) and an approved Odor
Impact Minimization Plan. (Condition No. 30)
3. Obtained an Authority to Construct permit and Permit to Operate (No. ODW-14-01) from the Butte
County Air Quality Management District. (Condition No. 37)
4. Obtained final approval for a Water Well Construction Permit (EHWL13-0015).
5. Obtained an approved On-Site Wastewater Construction Permit (EHS15-0131). (Condition No. 29)
6. Obtained an approved Agricultural Maintenance Plan. (Condition No. 36)
7. Obtained an approved Noxious Weed Management Plan. (Condition No. 35)
8. Removed two of the three recreational vehicles from the property. (in partial satisfaction of
Condition No. 24)
Unresolved conditions and issues
(Conditions with an asterisk (*) indicate the conditions that must be completed, prior to grading of the
expansion area)
1. Obtain building permits for the on-site water storage and delivery system (Condition Nos. 22, 28,
& 34).*
A well pump and two 18,000 gallon water storage tanks have recently been installed at the facility.
These components are part of the larger water delivery system proposed throughout the facility,
which includes several fire hydrants. Initial construction of the water system were made without
obtaining the required building permits. The applicant indicated that the well, water tanks, and
fire hydrants, including obtaining necessary building permits, would be completed prior to
grading of the expansion area.
2. Obtain building permits to convert the existing, non-compliant, agricultural building into a
warehouse (Condition No. 23).*
The applicant indicated that their architect is currently preparing the necessary building permit
application, as of January 2016.
3. Post the facility’s address in accordance with Butte County and state standards (Condition No. 32).
The address has not been posted to the satisfaction to Butte County Fire.
4. Obtain an encroachment permit for the existing improvements made within the County right-of-
way (Condition No. 25).
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 4
The applicant has applied for an encroachment permit (PW16-0003), and is currently being
reviewed by Butte County Public Works.
5. Removal of all existing recreational vehicles (Condition No. 24). *
Two of the three recreational vehicles have been removed. The last recreational vehicle remains
onsite, was occupied as late as mid-December, and is not presently connected to an approved
water system or onsite wastewater system. The applicant indicated that they would like to keep
one unoccupied recreational vehicle at the facility for security purposes until a permanent unit
can be constructed. But, would like to be able to commence grading activities without having to
remove the vehicle or constructing the permanent unit.
6. Obtain coverage under a National Pollution Discharge Elimination System (NPDES) Permit from
the State Water Board (Condition No. 19). *
The permit is required prior to grading operations.
7. Obtain an approved Individual Waste Discharge Requirements (WDRs) or waiver issued by the
State Water Resources Control Board (Condition No. 19).
The applicant has been in contact with the State Water Board regarding securing a WDR or
waiver; however, no evidence that a Notice of Intent has been filed with the State has been provided
by the applicant.
8. Installation of a site contact/dust compliant notification sign as a part of their fugitive dust
mitigation measure (Condition No. 1).
The applicant indicated that the sign will be installed prior to grading of the expansion area.
9. Completion of biological mitigation measures required by the approved Mitigated Negative
Declaration (Conditions No. 6, 7 & 8) prior to grading of the expansion area. *
The applicant has requested, but has not applied for, a waiver of the requirements of UP14-0002
for additional biological surveys be waived because grading activities will avoid all sensitive
areas.
Requirements to complete the biological resources were based on recommendations made by the
applicant’s biologist and the California Department of Fish and Wildlife. County staff will work
with the applicant and the State on satisfying these requirements. Any revisions to the mitigation
measures would require amending the adopted Initial Study/Mitigated Negative Declaration,
including recirculation and re-adoption by the County.
10. Obtain approval of a Grading and Drainage Plan for the expansion area (Condition No. 26) prior
to grading. *
Draft plans have been submitted. Final approval of the plans are contingent on completion of
certain conditions, including Condition No. 24.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 5
Six of the ten unresolved conditions and issues noted above still must be completed prior to completion of
Phase 1 (i.e. within one year of approval of all applicable permits). Approval of Conditional Use Permit
UP15-0005 would modify Condition No. 24 of UP14-0002, thereby addressing item no. 5.
Because continued operations have the potential to adversely affect the health and safety of employees and
the general public, staff is presenting this information for consideration of possible modification or
revocation of UP14-0002. In the event modification or revocation of the use permit is warranted, further
action can only be imposed through the permit revocation and modification process described in Butte
County Code §24-251.
Conditions of approval for UP14-0002 were based on recommendations provided by responsible agencies,
and were circulated for review, prior to approval. On two separate occasions the applicant reviewed and
agreed to the conditions: once when the applicant agreed to the mitigation measures prior to preparation of
the Notice of Intent to adopt the Mitigated Negative Declaration, and once after approval of the conditions
when the applicant agreed to fully abide the conditions. Any changes to the conditions or mitigation
measures would require the applicant or the Planning Commission to formally request changes, which may
require a CEQA review and a re-hearing. Absent any formal requests to modify the permit and conditions
of approval, staff is recommending the Planning Commission affirm the conditions of approval.
Permit Revocation or Modification of UP14-0002
An approved Conditional Use Permit may be revoked, or its conditions of approval modified, by the review
authority of the originally approved permit, pursuant to Butte County Code §24-251. The review authority
may revoke or modify a permit only if one or more of the following findings can be made (§24-251 (C)):
1. The applicant or property owner has altered the circumstances under which the permit was granted
to a degree that one or more of the findings required to grant the original permit can no longer be
made.
2. Permit issuance was based on misrepresentation by the applicant, either through omission or the
making of a false materials statement in the application, or in the public hearing testimony.
3. One or more conditions of approval have been violated, or have not been complied with or fulfilled.
4. The use or structure for which the permit was granted no longer exists or has been discontinued
for a continuous period of at least 12 months.
5. The applicant or property owners has failed or refused to allow inspections for compliance.
6. Improvements authorized by the permit are in violation of the Zoning Ordinance or any law,
ordinance, regulation, or statute.
7. The use or structure is being operated or maintained in manner which constitutes a nuisance.
Based on the evidence and testimony at the public hearing the Commission may determine that a
modification of the conditions of approval or revocation of UP14-0002 is appropriate and consistent with
the findings listed in §24-251. If directed by the Commission, staff will schedule a subsequent noticed
hearing.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 6
II. CONDITIONAL USE PERMIT UP15-0005
PROJECT DESCRIPTION
Security Employee Unit
The applicant is requesting to amend Condition No. 24 of the approved project to allow for the
establishment of a security employee unit. The unit will be used as a permanent dwelling for an employee
of the facility to provide 24-hour security, and would provide provisions for living, sleeping, eating,
cooking, and sanitation. The proposal is to install a +/- 1,000 square foot modular unit on a tie-down
foundation system. The applicant indicates that installation of the modular would commence within 60
days and be completed within 180 days of approval.
Recreational Vehicle as a Temporary Residence
The applicant is also requesting to amend Condition No. 24 to allow a single recreational vehicle to be
used as a temporary residence for employee housing during installation of the permanent security
employee unit. Completion of the permanent unit is anticipated to occur within 180 days from approval
of the amendment, at which point, the recreational vehicle is proposed to be removed.
Relocation of Hazardous Materials Depot
To accommodate the proposed security employee unit, the location of the hazardous materials depot
(approved as part of UP14-0002) is proposed to be re-located approximately 500 feet northwest from its
approved location, and the location of the proposed employee unit.
SITE CHARACTERISTICS
The subject property is 87.76 acres in size. Approximately 33 acres is currently used for on-going
facility operations. A 25-acre expansion of the facility was approved with UP14-0002. The
remaining acreage is currently used for cattle grazing.
The elevation of the subject property ranges between 172 to 226 feet above mean sea level.
Topography of the property is primarily level with 3 to 4 percent slopes falling from the north to
the south towards Oroville-Chico Highway.
The project site is developed with an existing 12,000 square foot metal building (60’ x 200’),
permitted for agricultural uses in 1997, and presently used for storage of processed firewood and
materials associated with site operations authorized under UP14-0002.
The site has several temporary structures including one travel trailer. The travel trailer is presently
used for full-time occupancy by an employee providing security.
Wastewater disposal at the site is currently provided via portable toilets.
Domestic water is provided by an off-site groundwater well located approximately 1 mile from the
project site. Water is delivered to the site by a 4,000 gallon water truck or in a 1,800 gallon water
trailer. Approval of a Water Well Construction Permit has been obtained from the Environmental
Health Division (EHWL13-0015).
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 7
Access to the project site is provided by Oroville-Chico Highway, a County-maintained road. A
private driveway is used to access the site from the road. The driveway is 24 feet wide and has a
native surface consisting of a durable, hardpan material.
Parking includes unmarked spaces encompassing approximately 2 acres near the center of the
existing facility.
Vegetation on the undisturbed areas of the project site consists of Annual Grassland, which
comprises mostly of annual grasses and forbs, such as medusahead grass, soft chess, and yellow
star thistle. Common wildlife species that are found breeding in this habitat include a variety of
ground nesting avian species and small mammals, reptiles and amphibians.
Aquatic features on the project site include wetlands totaling 0.559 acres and two ephemeral
drainages totaling 0.23 acres. A draft delineation of waters of the United States was prepared for
the project site by Gallaway Enterprises in October 2013. The delineation was verified by the
United States Army Corps of Engineers in January 2014.
The project site includes habitats that have the potential to support special-status plant species,
including Ahart’s paronychia, Butte County golden clover, Butte County meadowfoam, and Red
Bluff dwarf rush. A Biological Resource Assessment of the property did not reveal the presence
of these species or any additional sensitive species. Pursuant to the recommendations of the
biologist who surveyed the site, protocol-level surveys for these species were required by UP14-
0002 to be completed prior to grading activities (Condition of Approval/Mitigation No. 6). In
addition, surveys for birds protected under the Migratory Bird Treaty Act shall be performed if
grading activities occur between March and September (Condition of Approval/Mitigation No. 7).
The Butte County General Plan identifies the following constraints on the project site:
o “Moderate” potential of Expansive Soils.
o “Moderate” potential for Soil Erosion.
SURROUNDING LAND USES
Surrounding land uses include grazing land, and agricultural related structures and residences. The project
site is surrounded by large acreage properties designated for agricultural use. Public right-of-ways in the
vicinity of the project site include Oroville-Chico Highway to the southwest and State Route 99 to the
northeast. Access to the subject property is limited to Oroville-Chico Highway. Three single-family
residences are located approximately 1,200 ft., 1,400 ft., and 2,600 ft., respectively, from the project site.
Direction General Plan Designation Zoning Existing Land Use(s)
North Agriculture AG-40 Agricultural (Grazing)
South Agriculture AG-20 Agricultural (Orchards & Grazing)
East Agriculture AG-40 Agricultural (Grazing)
West Agriculture AG-20 Agricultural (Orchards & Grazing)
ANALYSIS
Butte County Code – Section 24-246 [Changes to an Approved Project]
An approved project authorized by the Zoning Ordinance shall be established only as approved by the
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 8
review authority, except when changes to the project are approved in compliance with the section. To
request a change to an approved project, an applicant shall request desired changes in writing, and shall
also submit appropriate supporting materials and an explanation of the reasons for the request; Changes
may be requested either before or after construction or establishment and operation of the approved use;
and, Changes shall be approved before implementation of the changes.
UP14-0002 and the associated site plan did not include a proposed security employee unit when the
project was reviewed and approved by the Planning Commission. Further, Condition No. 24 of UP14-
0002 was added to address the presence of three unpermitted recreational vehicles that were being used
to house employees without the benefit of a domestic water system, an onsite wastewater disposal system,
or an approved power source.
Approval of the proposed amendment to UP14-0002 would eliminate Condition No. 24, as well as amend
the approved site plan and Conditional Use Permit, to allow for a permanent unit to house an employee
to provide 24-hour security of the facility. Conditions are recommended that would place restrictions on
the occupancy of the security employee unit. Conditions include:
1. Limiting occupancy to 1 or 2 persons that must be employed by the business for the purpose of
care and protection of the facility.
2. No minors under the age of 18 years are permitted to occupy the unit.
3. The unit cannot be separately rented, let, or leased to someone other than the employee hired by
the business.
Additional conditions are recommended to ensure that applicant constructs the unit in a timely manner.
These conditions include completing construction, and obtaining a Certificate of Occupancy, within one
year of the approval of UP15-0005 by the Planning Commission. Completing the construction of the
unit is required prior to grading of the 25-acre expansion area; if construction of the unit is not completed
after one year, approval of the amendment would become void, unless the applicant files a request to
extend the time to construct the unit, pursuant to Butte County Code Section 24-246 [Changes to an
Approved Project].
Butte County Code – Section 24-174(e) (Recreational Vehicle as a Temporary Residence)
Use of a recreational vehicle as a temporary residence during construction of the permanent security
employee unit is allowed with the approval of an Administrative Permit, pursuant to Butte County Code
Section 24-174(e). Under this provision of the zoning code, use of a recreational vehicle as a temporary
residence is subject to following requirements:
1. The applicant shall obtain the necessary permits from the Butte County Environmental Health
Division for the recreational vehicle installation.
2. The recreational vehicle may be placed for up to one-year from the date of issuance of the
Administrative Permit. However, the Zoning Administrator may extend the Administrative
Permit for a one-year period upon a demonstration of physical or financial hardship by the
applicant.
3. The occupant shall obtain a building permit for the security employee unit.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 9
4. The occupant shall obtain a sewage disposal permit from the Butte County Environmental Health
Division, or proof of sewage service by a service provider.
5. Within six months of the date of the issuance of the building permit, the occupant shall complete
the foundation, rough plumbing, framing, and the roof of the proposed unit.
6. The unit shall be completed within the two-year period and the use of the recreational vehicle as
a temporary residence shall be discontinued after this period.
The applicant currently has one unpermitted recreational vehicle on the project site that is being used for a
residence by a current or former employee of the facility. The recreational vehicle is not served by an
approved water system or any type of onsite wastewater system. Since approval of UP14-0002 (and
imposition of Condition No. 24), two of the three original unpermitted recreational vehicles at the facility
have been removed; however, the applicant has not brought the site into compliance with the terms of the
approved Conditional Use Permit. Approval of the proposed amendment would eliminate the prohibition
on recreational vehicles imposed by Condition No. 24 and permit the temporary use of one recreational
vehicle as a residence during construction of the security employee unit provided the recreational vehicle
is first connected to an approved water and onsite wastewater system. Conditions are recommended with
the approval of the temporary recreational vehicle. These conditions address the measures contained in
Section 24-174(e).
Butte County Code - Section 24-81 (Agricultural Buffers)
A 300-foot setback is required for a single-family dwelling from any property line that abuts Agriculture
zones. The distance may be adjusted based upon the Agricultural Buffer Guidelines as adopted by the
Board of Supervisors or an Unusual Circumstances Review approved by the Agricultural Commissioner.
The nearest property line to the proposed security employee unit is located approximately 440 feet to the
southeast, which meets the 300-foot setback requirement.
Butte County Code - Section 24-222 (Findings)
To approve a conditional use permit, the proposed project must comply with applicable standards in the
zoning ordinance, other County ordinances, the General Plan, County Improvement Standards, and be
supported by the following findings:
A. The proposed use is allowed in the applicable zone.
Approval of the proposed amendments to UP14-0002, and the associated site plan, is allowed pursuant
to Butte County Code Section 24-246, which allows an applicant to change an approved project
authorized by the Zoning Ordinance, provided the changes are approved by the Planning Commission
(review authority), and public noticing and a public hearing for the request is in compliance with
Article 36 (Public Notice and Hearings). Approval of the amendment would also eliminate the
restriction to permanent residency and the keeping of recreational vehicles on the project site that had
been imposed on the property with the approval of Condition No. 24 of UP14-0002.
B. The location, size, design, and operating characteristics of the proposed use will be compatible with the
existing and future land uses in the vicinity of the subject property.
Setbacks from property lines of over 300-feet for the proposed uses establishes a buffer from adjacent
agricultural zones ensuring that the permanent unit and temporary recreational vehicle unit are located
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 10
in an area of the property that would not interfere with the existing agricultural uses in the vicinity of
the project site.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.
The permanent occupancy of recreational vehicles at the facility without the benefit of domestic water
and a wastewater disposal system is detrimental to the public’s health and safety. Approval of the
proposed uses would replace the illegal dwellings with a permanent unit developed in accordance with
State and County regulations. Restrictions to the occupancy of the units are included that will limit the
number of occupants, age of occupants, as well as limit occupancy to employees of the business, to
ensure that any potential hazards from the facility are reduced to only individuals who are employed
by the facility, thereby knowingly accepting the potential risks.
D. The proposed use is properly located within the county and adequately served by existing or planned
services and infrastructure.
The Project has been reviewed by County agencies including Public Works, Environmental Health,
Butte County Fire, Air Quality Management District, and the Building Division to ensure that project
site has services and infrastructure available to adequately serve the proposed unit.
E. The size, shape, and other physical characteristics of the subject property are adequate to ensure
compatibility of the proposed use with the existing and future land uses in the vicinity of the subject
property.
The project is located on a property that has physical characteristics, including the large parcel size
and level terrain, which is capable of accommodating the proposed uses, and ensuring compatibility
with adjacent land uses. Conditions of approval are included to ensure the compatibility of the
proposed temporary use of a recreational vehicle and the permanent unit to provide onsite security to
the Old Durham Wood facility.
General Plan Consistency
General Plan goals and policies were evaluated in the context of the proposed project. Seven goals and 15
policies were identified as being applicable to the project. The following table identifies each applicable
goal and policy, and a review of the project’s consistency with each policy.
General Plan 2030 Goals and Policies Consistency Review
AGRICULTURE ELEMENT
GOAL AG-5. Reduce conflicts between
urban and agricultural uses and between
habitat mitigation banking and agricultural
uses.
Consistent. This goal is more specifically
reviewed in the discussion of the policies
below.
AG-P5.3. The Zoning Ordinance shall require
that a buffer be established on property
proposed for residential development in order
to protect existing agricultural uses from
incompatible use conflicts. The desired
standard shall be 300 feet, but may be
adjusted to address unusual circumstances.*
Consistent. The unit will be setback over
300-feet from all contiguous properties
located within the Agriculture zone. The
closest property line to the unit is located
approximately 440 feet to the southeast.
CONSERVATION AND OPEN SPACE ELEMENT
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 11
General Plan 2030 Goals and Policies Consistency Review
GOAL COS-1. Reduce greenhouse
emissions 10 1990 levels by 2010.
Consistent. This goal is more specifically
reviewed in the discussion of the policies
below.
COS-P1.1. Greenhouse gas emission
impacts from proposed development projects
shall be evaluated as required by the
California Environmental Quality Act (CEQA).
Consistent. The Initial Study/Mitigated
Negative Declaration and Addendum,
prepared pursuant to the CEQA, evaluated if
the proposed project would cause an adverse
impact from greenhouse gas emissions, and
if the project is consistent with the Butte
County CAP.
COS-P1.2. New development projects shall
mitigate greenhouse gas emissions on-site or
as close to the site as possible.
Consistent. Measures that support the
expansion of renewable energy systems,
efficiency in vehicle and landscaping
equipment, and improve fuel efficiency of
equipment, will be implemented on the
project site to offset the contribution of
greenhouse gas emissions generated by the
project, with the implementation of Mitigation
Measure #11.
GOAL COS-2. Promote green building,
planning and business.
Consistent. This goal is more specifically
reviewed in the discussion of the policies
below.
COS-P2.2. New development shall comply
with Green Building Standards adopted by
the California Building Standards
Commission at the time of building permit
application, including requirements about low-
or no- toxicity building materials.
Consistent. Where applicable, Cal Green
Building Standards will be applied in the
design of the unit through the County building
permit application process.
GOAL COS-5. Minimize air pollutant
emissions.
Consistent. This goal is more specifically
reviewed in the discussion of the policies
below.
COS-P5.2. Developers shall implement best
management practices to reduce air pollutant
emissions associated with the construction
and operation of development projects.*
Consistent. The project includes an air quality
mitigation measure that requires the applicant
to apply best management practices in the
suppression of dust and other air pollution
emissions during construction activities.
COS-P5.4. Stationary air pollutant emissions
sources, such as factories, shall be located
more than 500 feet and/or downwind from
residential areas and other sensitive
receptors.*
Consistent. The proposed security employee
unit is located within a property that contains
a stationary source of air pollutant emissions.
Unit occupants are limited to employees of
the facility and adult family members to
provide operational support to the facility and
are therefore not a sensitive receptor.
Additionally, the project includes an air quality
mitigation measure that includes best
management practices for the suppression of
dust and other air pollution emissions during
construction and operational activities.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 12
General Plan 2030 Goals and Policies Consistency Review
COS-P5.5. Residential developments and
other projects with sensitive receptors shall
be located more than 500 feet from stationary
air pollutant sources.*
Consistent. The proposed security employee
unit is located within a property that contains
a stationary source of air pollutant emissions.
Unit occupants are limited to employees of
the facility and adult family members to
provide operational support to the facility and
are therefore not a sensitive receptor.
Additionally, the project includes an air quality
mitigation measure that includes best
management practices for the suppression of
dust and other air pollution emissions during
construction and operational activities.
HEALTH AND SAFETY ELEMENT
GOAL HS-1. Maintain an acceptable noise
environment in all areas of the county.
Consistent. This goal is more specifically
reviewed in the discussion of the policies
below.
HS-P1.1. New development projects
proposed in areas that exceed the land use
compatibility standards in Tables HS-2 and
HS-3 shall require mitigation of noise
impacts.*
Consistent. Noise exposure levels from non-
transportation sources in Butte County are
found in Table HS-3 of the Butte County
General Plan. Pursuant to Note #2 of Table
HS-3, noise level standards do not apply to
residential units established in conjunction
with industrial or commercial uses (e.g.
caretaker dwellings). Therefore, proposed
employee housing at the facility will not
exceed the land use compatibility (noise)
standards in Table HS-3.
Additionally, the proposed unit will be located
approximately 2,000 +/- from Hwy 99, and
would not exceed the exterior or interior noise
standards identified in HS-2.
HS-P1.6. Applicants proposing a new noise-
producing development project near existing
or planned noise-sensitive uses shall provide
a noise analysis prepared by an acoustical
specialist with recommendations for design
mitigation.
Consistent. No new noise generating
development is proposed. Existing noise
sources are permitted with the approval of
UP14-0002.
HS-P1.7. Applicants for discretionary permits
shall be required to limit noise-generating
construction activities located within 1,000
feet of residential uses to daytime hours
between 7:00 a.m. and 6:00 p.m. on
weekdays and non-holidays.
Consistent. Mitigation Measure #13 restricts
heavy equipment operations and construction
activities associated with the facility between
the hours of 6:00 p.m. and 7 a.m. on
weekdays; and between the hours of 5:00
p.m. and 9 a.m. on weekends and holidays.
In additional, all construction and project
operations activities shall utilize the best
available noise control techniques to
eliminate or substantially reduce noise
impacts during days when noises might be
more disturbing.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 13
General Plan 2030 Goals and Policies Consistency Review
HS-P1.8. Noise from generators shall be
regulated near existing and future residential
uses.
Consistent. Generator use associated with
facility operations occur during daytime
hours. Any generator use associated with the
residential dwelling would be subject to BCC
Sec. 24-171, which regulates the placement
of generators and noise levels associated
with generator use.
GOAL HS-11. Reduce risks from wildland
and urban fire.
Consistent. This goal is more specifically
reviewed in the discussion of the policies
below.
HS-P11.1. Fire hazards shall be considered
in all land use and zoning decisions,
environmental review, subdivisions review
and the provision of public services.
Consistent. The proposed project and
potential fire hazards were reviewed by Butte
County Fire. Conditions of approval,
including preparation of a Fire Protection
Plan, will address fire response and safety
measures to be employed at the site.
HS-P11.4. New development projects shall
meet current fire safe ordinance standards for
adequate emergency water flow, emergency
vehicle access, signage, evacuation routes,
fuel management, defensible space, fire safe
building construction and wildfire
preparedness.
Consistent. Conditions of approval including
compliance with California Public Resources
Code 4290 and 4291 (Fire Safe Regulations)
will require the facility to have adequate water
storage, access, defensible space, building
construction, and other fire protection
standards.
GOAL PUB-13. Plan adequate wastewater
infrastructure to serve new development.
Consistent. This goal is more specifically
reviewed in the discussion of the policies
below.
PUB-P13.3. New development projects shall
demonstrate the availability of a safe, sanitary
and environmentally sound wastewater
system.
Consistent. Prior to issuance of building
permits associated with the construction of
the permanent security employee unit, an
onsite wastewater system will be installed
and approved by Butte County Environmental
Health.
PUB-P13.2. For development projects that
will rely on on-site wastewater systems,
applicants shall provide detailed plans
demonstrating that the system will be
adequate to serve the project.
Consistent. Prior to issuance of building
permits associated with the construction of
the permanent security employee unit, an
onsite wastewater system will be installed
and approved by Butte County Environmental
Health.
BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW
The project was reviewed by the Butte County Public Works Department, Butte County Environmental
Health Division, Butte County Fire Department/CalFire, Butte County Building Division and the Butte
County Air Pollution Management District. All comments and conditions were incorporated into the
project and this staff report.
PUBLIC COMMENTS
Staff had not received any public comments at the time staff report was prepared.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 14
ENVIRONMENTAL REVIEW/CEQA ISSUES
A comparative analysis has been undertaken between the adopted Initial Study/Mitigated Negative
Declaration (SCH No. 2014042060) and the environmental effects associated with the proposed
amendment, pursuant to CEQA Section 15162 and 15164. The analysis provides the County with a factual
basis for determining whether the proposed amendments to the Approved Project, any change in
circumstances, or any new information since the IS/MND was certified, require additional environmental
review or preparation of a subsequent MND or EIR to the IS/MND previously prepared.
Based on the evidence included in the Addendum, the analysis and its conclusions, the 2014 IS/MND
remain current and valid. The proposed amendments to the Approved Project that establishes the security
employee unit, temporary use of a recreational vehicle, and relocation of the hazardous fuels depot, would
not cause new significant effects not identified in the MND, nor increase the level of environmental effects
to substantial or significant, and, hence no new mitigation measures would be necessary to reduce the
significant effects. No changes have occurred with respect to circumstances surrounding the proposed
project that would cause new or substantially more severe significant environmental effects than were
identified in the 2014 IS/MND. In addition, no new information has become available that shows that the
project would cause new or substantially more severe significant environmental effects which have not
already been analyzed in the 2014 IS/MND. Therefore, no further environmental review is required beyond
this Addendum.
The Addendum and the adopted Initial Study/Mitigated Negative Declaration (SCH No. 2014042060) are
attached to this agenda report. The thirteen mitigation measures contained in the Mitigation Measure and
Monitoring Plan would continue to be adequate to reduce any potentially significant environmental impacts
of the proposed project and the Approved Project to a less than significant level. Each of these mitigation
measures have been incorporated into conditions within the original use permit.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 15
RESOLUTION NO. PC-______
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT UP 15-0005 (Old Durham Wood, Inc.)
WHEREAS, the Planning Commission has considered Conditional Use Permit UP15-0005 by Old
Durham Wood, Inc. amending UP14-0002 to establish a security employee unit; permitting temporary use
of recreational vehicle as a residence during construction; and, relocation of the hazardous materials depot
to the existing facility, as permitted by UP14-0002, located on Assessor’s Parcel Number 040-120-033; and
WHEREAS, the Planning Commission has considered the Addendum to the adopted Initial Study
and Mitigated Negative Declaration (SCH No. 2014042060), prepared in accordance with the California
Environmental Quality Act; and
WHEREAS, said conditional use permit application was referred to various affected public and
private agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed public hearing was held on January 28, 2016; and
WHEREAS, the Planning Commission has considered public comments and a report from the
Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Adopts the Addendum to the Mitigated Negative Declaration with the following findings:
A. An Initial Study/Mitigated Negative Declaration (SCH No. 2014042060) was completed
in compliance with the California Environmental Quality Act, and certified by the Butte
County Planning Commission on May 22, 2014.
B. The Addendum to the certified IS/MND was prepared pursuant to CEQA Section 15162
and 15164. The Addendum evaluated the proposed amendments to the Approved Project,
any change in circumstances, or any new information since the IS/MND was certified, to
determine if an additional environmental review or preparation of a subsequent MND or
EIR to the IS/MND is required. Said Addendum did not identify any new significant
environmental effects.
C. The Planning Commission has considered the Addendum, together with the adopted
Mitigated Negative Declaration, and all comments received during the review process.
D. On the basis of the whole record before the Planning Commission, including the
Addendum, Initial Study/Mitigated Negative Declaration, and any comments received,
there is no substantial evidence that the Use Permit for Old Durham Wood, Inc., Planning
Division File No. UP15-0005 would have a significant effect on the environment.
E. The custodian of the record is the Department of Development Services. The location of
the record is 7 County Center Drive, Oroville CA 95965.
F. The Addendum and Initial Study/Mitigated Negative Declaration reflects the independent
judgment and analysis of the County, which is the Lead Agency.
II. Approves the Conditional Use Permit UP15-0005 subject to the following findings and the
conditions of approval found in Exhibit “A”:
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 16
A. The project is consistent with the Criteria for Granting Use Permits, identified in Butte County
Code Section 24-222, as follows:
1. The proposed use is allowed in the applicable zone.
Approval of the proposed amendments to UP14-0002, and the associated site plan,
is allowed pursuant to Butte County Code Section 24-246, which allows an
applicant to change an approved project authorized by the Zoning Ordinance,
provided the changes are approved by the Planning Commission (review
authority), and public noticing and a public hearing for the request is in
compliance with Article 36 (Public Notice and Hearings). Approval of the
amendment would also eliminate the restriction to permanent residency and the
keeping of recreational vehicles on the project site that had been imposed on the
property with the approval of Condition No. 24 of UP14-0002.
2. The location, size, design, and operating characteristics of the proposed use will
be compatible with the existing and future land uses in the vicinity of the subject
property.
Setbacks from property lines of over 300-feet for the proposed uses establishes a
buffer from adjacent agricultural zones ensuring that the permanent unit and
temporary recreational vehicle unit are located in an area of the property that
would not interfere with the existing agricultural uses in the vicinity of the project
site.
3. The proposed use will not be detrimental to the public health, safety, and welfare
of the County.
The permanent occupancy of recreational vehicles at the facility without the
benefit of domestic water and a wastewater disposal system is detrimental to the
public’s health and safety. Approval of the proposed uses would replace the illegal
dwellings with a permanent unit developed in accordance with State and County
regulations. Restrictions to the occupancy of the units are included that will limit
the number of occupants, age of occupants, as well as limit occupancy to
employees of the business, to ensure that any potential hazards from the facility
are reduced to only individuals who are employed by the facility, thereby
knowingly accepting the potential risks.
4. The proposed use is properly located within the County and adequately served by
existing or planned services and infrastructure.
The Project has been reviewed by County agencies including Public Works,
Environmental Health, Butte County Fire, Air Quality Management District, and
the Building Division to ensure that project site has services and infrastructure
available to adequately serve the proposed unit.
5. The size, shape, and other physical characteristics of the subject property are
adequate to ensure compatibility of the proposed use with the existing and future
land uses in the vicinity of the subject property.
The Project is located on a property that has physical characteristics, including
the large parcel size and level terrain, which is capable of accommodating the
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 17
proposed uses, and ensuring compatibility with adjacent land uses. Conditions of
approval are included to ensure the compatibility of the proposed temporary use
of a recreational vehicle and the permanent unit to provide onsite security to the
Old Durham Wood facility.
B. The project is consistent with the applicable Goals and Policies of the Butte County
General Plan, as presented in the General Plan Consistency Review included in the staff
report.
DULY PASSED AND ADOPTED this 28th Day of January, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
, Chair
Planning Commission
County of Butte, State of California
ATTEST:
_____________________________
Kim McMillan, Secretary
Planning Commission
County of Butte, State of California
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 18
EXHIBIT A
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION [Date of Approval]
DATE:
UP15-0005 (Amendment No. 1 to 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. 24-251.
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.
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.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 19
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:
Conditional Use Permit UP14-0002 is amended to add the following to the description of approved
use:
Security Employee Unit
The applicant is requesting to amend Condition No. 24 of the approved project to allow for the
establishment of a security employee unit. The unit will be used as a permanent dwelling for an
employee of the facility to provide 24-hour security, and would provide provisions for living,
sleeping, eating, cooking, and sanitation. The proposal is to install a +/- 1,000 square foot modular
unit on a tie-down foundation system.
Recreational Vehicle as a Temporary Residence
One recreational vehicle, provided it is first served by an approved water system and approved
onsite wastewater system, will be used at the facility as a temporary residence during installation
of the security employee unit.
Relocation of Hazardous Materials Depot
The location of the hazardous materials depot (approved as part of UP14-0002) will be re-located
approximately 500 feet northwest from its approved location, in accordance with the approved site
plan.
III. CONDITIONS OF APPROVAL:
Note: Except as specifically provided herein, all terms, conditions and requirements of Conditional Use Permit
UP14-0002 shall continue to apply.
Planning Division, Department of Development Services
1. Applicant shall construct the permanent security employee unit, and a Certificate of Occupancy
shall be issued, within a one-year period from the date of approval of the Conditional Use Permit
and prior to approval of engineered grading plans for the facility’s expansion authorized under
Conditional Use Permit UP14-0002. If additional time to construct the unit is required, the
applicant shall file a request to change the approved Conditional Use Permit, pursuant to Butte
County Code Section 24-246 [Changes to an Approved Project] prior to expiration of the one-year
period. If the Certificate of Occupancy is not issued, and the applicant has not filed a request to
change the approved permit, UP15-0005 shall become void, and all recreational vehicles on the
property shall be removed by the applicant. This condition of approval shall replace Condition No.
24 of Conditional Use Permit UP14-0002.
2. Occupancy of the security employee unit is limited to 1 or 2 persons, one of which must be
employed by the commercial business for the purpose of care and protection of on-site facilities.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 20
No minor under the age of 18 years old is permitted to occupy the unit. This condition of approval
shall be included as part of any rental agreement or lease for the unit and shall be posted in a
conspicuous place in the unit.
3. The security employee unit shall not be separately rented, let, or leased to someone other than to
the employee, whether compensation be direct or indirect.
4. One recreational vehicle, served by an approved water system and approved wastewater system,
may be located on the property for up to one year from the date of issuance of the Conditional Use
Permit for use as temporary residence during the construction of the permanent security employee
unit. An extension may be approved if additional time is required to construct the permanent
security employee unit is needed, and the applicant has filed a request for the review authority to
change the approved permit, pursuant to Butte County Code Section 24-246. The recreational
vehicle shall be removed from the property within one year of use permit issuance, or at the
conclusion of any extension of time approved by the reviewing authority. The recreation vehicle
shall remain unoccupied until Conditions 6, 7 & 8 have been completed to the satisfaction of Butte
County Environmental Health. Upon the issuance of a Certificate of Occupancy for the permanent
unit, the recreational vehicle shall be removed from the property within 30 days.
5. The Conditional Use Permit and the associated site plan, as approved by the Planning Commission,
shall supersede all permitted uses allowed by the applicable zoning ordinance. Any proposed uses
or structures made by the applicant after approval of the Conditional Use Permit shall be made in
accordance with Butte County Code Section 24-246 [Changes to an Approved Project].
Environmental Health Division, Public Health Department:
6. Prior to issuance of any permit associated with the amended use permit, the applicant shall first
complete the following work needed for the onsite wastewater system:
A. Using a Butte County Certified Installer, complete the installation of the onsite wastewater
system in accordance with the design approved under the Onsite Wastewater System.
B. Contact Butte County Environmental Health (BCEH) immediately prior to initiation of
construction activities and provide BCEH with a written determination by the design
engineer that site conditions are acceptable for initiation of system construction activities.
C. Contact BCEH when the following phases of system construction have been completed,
prior to initiation of the next phase of installation:
i. Excavation through the mudflow into the soil horizon that is designed to accept the
wastewater;
ii. Placement of sand as backfill over the soil horizon that is designed to accept the
wastewater;
iii. Pressure check (“squirt test”) of the dispersal system.
D. Provide BCEH with a scaled As-Built Drawing and completed As-Built Checklist prepared
by the Certified Installer and signed jointly by Certified Installer and design engineer.
E. If precipitation occurred during construction activities, provide BCEH with a written
determination by the design engineer that the precipitation did not adversely impact the
viability of the system installed.
F. Connect the recreational vehicle temporarily located on the property to the completed
onsite wastewater system.
7. Prior to issuance of any permit associated with the amended use permit, the applicant shall first
complete the following work needed for the water system:
A. Obtain permits, such as Building and Electrical Permits, for all work that has already been
performed related to the water system.
Butte County Department of Development Services
January 28, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 21
B. Connect the recreational vehicle temporarily located on the property to the completed water
system.
C. Test the well water at the recreational vehicle to verify absence of total and fecal coliform
and a level of nitrates less than 10 milligrams per liter.
8. The applicant shall complete Items 6 and 7 within 60 days of the date approval of the amended use
permit. If site or weather conditions preclude these items from being completed within 60 days,
the recreational vehicle shall be removed, as stipulated in the original use permit, until they are
completed.
County Counsel:
9. 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.
IV. APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS
OF APPROVAL:
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
NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health
Department permits, nor does it waive any other requirements.
CC: Land Development Division, Department of Public Works
Building Division
Environmental Health Division
Butte County Fire Department/Cal Fire
Butte County Assessor’s Office
Butte County Air Quality Management District
Page 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.
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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.
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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
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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
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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;
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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.
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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.
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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.
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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
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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
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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.
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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:
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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.
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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.
¬«99¬«99
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UP14-0002APN:040-120-033
Old Durham Wood, Inc.
1:24,000
0 1,500 3,000 4,500750FeetLakes
Legend
Roads
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Project Location
®VICINITY MAP
ST99
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N e a l R d
Durham-Dayton Hwy
Oro Chico Hwy
Mesa Rd
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File:UP14-0002040-120-033Assessor Parcel No:
SupervisorialDistrict #4Request:
¬
A Conditional Use Permit for a green waste receiving/composting facility.
Hearing Date:Zoning:Agriculture - 40 acre densityApplicant/Owner:Old Durham Wood, Inc.
BUTTE COUNTY PLANNING COMMISSION
990 0 990 1,980 2,970 3,960495Feet
May 22, 2014 @ 9:00 a.m.
Project location
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 1 of 10
BUTTE COUNTY
Department of Development Services
ADDENDUM
to the
Initial Study/Mitigated Negative Declaration
(SCH No. 2014042060)
for
Conditional Use Permit UP15‐0005
(Old Durham Wood, Inc.)
BUTTE COUNTY
Department of Development Services
7 County Center Drive, Oroville, CA 95965
530‐538‐7150
January 28, 2016
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 2 of 10
1.0 INTRODUCTION
This addendum assess the environmental impact(s) of a proposed amendment (UP15‐0005) to an
approved Conditional Use Permit (UP14‐0002) that would allow for the construction of a security
employee unit; permitting temporary use of a recreational vehicle as a residence during construction
of the permanent unit; and, relocation of a hazardous materials depot (Project). Conditional Use
Permit (UP14‐0002) was approved by the Butte County (County) Planning Commission on May 22,
2014. The permit established an existing, non‐conforming 33 acre industrial facility that included
uses such as green waste receiving, chipping and grinding operations, composting operations,
firewood processing and storage, and accessory uses in support of operations. The second phase of
the permit allowed for a 25‐acre expansion of the facility to increase the capacity of the facility, and
improve functionality and reduce fire hazard conditions. The third phase of the approved permit
established an orchard/farm wood processing operation, or milling operations, to produce boards for
off‐site wood veneer production.
The County, as lead agency under CEQA, will consider the potential environmental impacts of the
revised project when it considers whether or not to approve these changes as part of the original
project. This Addendum is an information document intended to be used in the planning and decision
making process as provided for under Section 15164 of the CEQA Guidelines. This Addendum neither
recommends approval or denial of the proposed revisions to the project nor will it be the sole basis
for the County’s action on the revised Project.
The fundamental conclusion of this addendum is that the proposed changes to the original Project
will not result in new significant impacts nor substantially increase the severity of previously disclosed
impacts beyond those already identified in the original Project. Thus, a subsequent or supplemental
Negative Declaration need not be prepared.
Additional information and technical analyses regarding the proposed Addendum and the certified
Initial Study/Mitigated Negative Declaration (IS/MND), is available for review at:
Butte County Department of Development Services
7 County Center Drive, Oroville 95965
Rowland Hickel, Senior Planner
530‐538‐7150 │ rhickel@buttecounty.net
1.1 Background
The IS/MND was prepared to address construction‐level and operational impacts of UP14‐0002. The
IS/MND evaluated potential environmental effects on aesthetics, agriculture and forestry resources, air
quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards
and hazardous materials, hydrology and water quality, land use and planning, mineral resources,
neighborhood effects, noise, population and housing, public services, recreation, shadows,
transportation/traffic, utilities and service systems, and mandatory findings of significance. All impacts
in the IS/MND have been mitigated to below a level of significance through implementation of
mitigation measures.
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 3 of 10
Since adoption of the IS/MND, new proposals to have been proposed that were not addressed under
the previously prepared Approved Project (UP14‐0002) and the IS/MND prepared for the project. The
details of the proposed changes are described in Section 2.0 (Project Description) of this document and
are the subject of this Addendum.
1.2 Purpose of Addendum to the IS/MND
In determining whether an Addendum is the appropriate document to analyze the modifications to
the project and its approval, CEQA Guidelines Section 15164 (Addendum to an EIR or Negative
Declaration) states:
(a) The lead agency or a responsible agency shall prepare an addendum to a previously certified
EIR if some changes or additions are necessary but none of the conditions described in
Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor
technical changes or additions are necessary or none of the conditions described in Section
15162 calling for the preparation of a subsequent EIR or negative declaration
have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached
to the final EIR or adopted negative declaration.
(d) The decision‐making body shall consider the addendum with the final EIR or adopted
negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section
15162 should be included in an addendum to an EIR, the lead agency’s required findings on
the project, or elsewhere in the record. The explanation must be supported by substantial
evidence.
1.2 Basis for Decision to Prepare Addendum
When an environmental impact report or negative declaration has been adopted for a project, Public
Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164 set forth the criteria for
determining whether a subsequent EIR, subsequent negative declaration, addendum, or no further
documentation be prepared in support of further agency action on the project. Under these
Guidelines, a subsequent EIR or negative declaration shall be prepared if any of the following criteria
are met:
(a) When an EIR has been certified or negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record, one or
more of the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement of
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 4 of 10
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revisions of the previous EIR or negative
declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete or the negative declaration was adopted,
shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes
available after adoption of a negative declaration, the lead agency shall prepare a
subsequent EIR if required under subdivision (a). Otherwise the lead agency shall
determine whether to prepare a subsequent negative declaration, and addendum, or no
further documentation.
As demonstrated in the environmental analysis provided in Section 3.0 (Environmental Analysis),
the proposed revisions do not meet the criteria for preparing a subsequent EIR or negative declaration.
An addendum is appropriate here because, as explained in Section 3.0, none of the conditions calling
for preparation of a subsequent EIR or negative declaration have occurred.
2.0 PROJECT DESCRIPTION
This section provides a detailed description of the proposed project. The reader is referred to Section
3.0 (Environmental Analysis) for the analysis of environmental effects of this project in relation to the
analysis provided in the previously adopted negative declaration for the Old Durham Wood facility
(Mitigated Negative Declaration, State Clearinghouse Number 2014042060).
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 5 of 10
2.1 Project Location
The project site is located at 1156 Oroville‐Chico Highway, in unincorporated Butte County. The project
site is situated between Oroville‐Chico Highway to the southwest and State Highway 99 to the northeast,
and is located approximately five miles southeast of Chico, and 1.8 miles north of the Durham‐Pentz Road
exit to Highway 99; Assessor’s Parcel Number: 040‐120‐033. (See Location Map – Appendix A).
2.2 Project modifications since IS/MND Adoption
The IS/MND for the original Project was drafted to analyze the potential environmental impacts to
bring the existing, non‐conforming, uses at the Old Durham Wood facility into compliance with Butte
County regulations, and to allow for an expansion of the facility. The existing facility includes green
waste receiving, chipping and grinding operations, composting operations, and firewood processing
encompassing 33 acres of an 87.76 acre property. These uses were established by the applicant over
a 20 year period without the benefit of approved permits from the local agency, and contrary to the
Butte County Zoning Ordinance and other State and local regulations. The approved expansion
increases the size of the facility by 25 acres to improve the functionality of operations, to reduce the
potential for fire‐related hazardous conditions, and establishes an orchard/farm wood mill to produce
boards for off‐site wood veneer production.
Among the non‐conforming uses at the facility was the presence of three travel trailers that were
being used to house employees of the facility. These travel trailers did not have an adequate water
supply, sewage disposal, and electricity supply (trailers were powered by generators). Butte County
Code does not allow recreational vehicles to be used as permanent housing unless they are located in
a park designated for that purpose. Recreational vehicles used for long‐term housing and not located
in a park is considered to be camping, which is defined as occupying or maintaining for occupancy any
place for temporary living, sleeping or other human occupancy purposes [Butte County Code Section
24‐304. Camping]. Further, residential dwellings without water, sewage disposal and electricity are
not consistent with the residency requirements established in California Health and Safety Code (HSC
§17920.3).
Condition No. 24 of UP14‐0002 was included into the approved Project to address the substandard
residential units and to ensure that the recreational vehicles at the facility are permanently removed
before the County authorizes the expansion of the facility.
Condition #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.
Security Employee Unit
The applicant is requesting to amend Condition No. 24 of the approved project to allow for the
establishment of a security employee Unit. The unit will be used as a permanent dwelling for an
employee of the facility to provide 24‐hour security, and would provide provisions for living, sleeping,
eating, cooking, and sanitation. The proposal is to install a +/‐ 1,000 square foot modular unit on a tie‐
down foundation system. The applicant indicates that installation of the modular would commence
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 6 of 10
within 60 days and be completed within 180 days of approval.
Butte County Code – Section 24‐246 [Changes to an Approved Project]
An approved project authorized by the Zoning Ordinance shall be established only as approved by the
review authority, except when changes to the project are approved bin compliance with the section.
To request a change to an approved project, an applicant shall request desired changes in writing, and
shall also submit appropriate supporting materials and an explanation of the reasons for the request;
Changes may be requested either before or after construction or establishment and operation of the
approved use; and, Changes shall be approved before implementation of the changes.
UP14‐0002 and the associated site plan did not include a proposed security employee unit when the
project was reviewed and approved by the Planning Commission. Further, Condition No. 24 of UP14‐
0002 was added to address the presence of three unpermitted recreational vehicles that were being
used to house employees without the benefit of a domestic water system, a wastewater disposal
system, or an approved power source.
Approval of the proposed amendment to UP14‐0002 would eliminate Condition No. 24, as well as
amend the approved site plan and use permit to allow for a permanent unit to house an employee to
provide 24‐hour security of the facility. Conditions are recommended that would place restrictions on
the occupancy of the security employee unit. Conditions include:
1. Limiting occupancy to 1 or 2 persons that must be employed by the business for the
purpose of care and protection of the facility.
2. No minors under the age of 18 years are permitted to occupy the unit.
3. The unit cannot be separately rented, let, or leased to someone other than the
employee hired by the business.
Additional conditions are recommended to ensure that applicant construct the unit in a timely manner.
These conditions include completing construction, and obtaining a Certificate of Occupancy, within one
year of the approval of UP15‐0005 by the Planning Commission. Completing the construction of the
unit prior to grading of the 25‐acre expansion area; and, that if construction of the unit is not completed
after one year, approval of the amendment would become void, unless the applicant files a request to
extend the time to construct the unit, pursuant to Butte County Code Section 24‐246 [Changes to an
Approved Project].
Recreational Vehicle as a Temporary Residence
The applicant is also requesting to amend Condition No. 24 to allow a single recreational vehicle to be
used as a temporary residence during installation of the permanent security employee unit.
Completion of the permanent unit is anticipated to occur within 180 days from approval of the
amendment, at which point, the recreational vehicle is proposed to be removed.
Use of a recreational vehicle as a temporary residence during construction of a permanent unit is
allowed with the approval of an Administrative Permit, pursuant to Butte County Code Section 24‐
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 7 of 10
174(e). Under this provision of the zoning code, use of a recreational vehicle as a temporary
residence is subject to following requirements:
1. The applicant shall obtain the necessary permits from the Butte County Environmental
Health Division for the recreational vehicle installation.
2. The recreational vehicle may be placed for up to one‐year from the date of issuance of
the Administrative Permit. However, the Zoning Administrator may extend the
Administrative Permit for a one‐year period upon a demonstration of physical or
financial hardship by the applicant.
3. The occupant shall obtain a building permit for the security employee unit.
4. The occupant shall obtain a sewage disposal permit from the Butte County
Environmental Health Division, or proof of sewage service by a service provider.
5. Within six months of the date of the issuance of the building permit, the occupant
shall complete the foundation, rough plumbing, framing, and the roof of the proposed
unit.
6. The house shall be completed within the two‐year period and the use of the
recreational vehicle as a temporary residence shall be discontinued after this period.
Relocation of Hazardous Materials Depot
To accommodate the proposed security employee unit, the approved location of the hazardous
materials depot is proposed to be re‐located approximately 500 feet northwest from its approved
location, and the location of the proposed units.
3.0 ENVIRONMENTAL ANALYSIS
As explained in Section 1.0, this comparative analysis has been undertaken pursuant to the provision
of CEQA Sections 15162 and 15164 to provide the County with the factual basis for determining
whether any changes in the project, any changes in circumstances, or any new information since the
IS/MND was certified require additional environmental review or preparation of a Subsequent MND
or EIR to the IS/MND previously prepared.
As described in Section 2.0, Project Description, revisions to the project is proposed. Because of this,
new analysis for impacts within the project area is provided in this Addendum. The environmental
analysis provided in the IS/MND remains current and applicable to the proposed project in areas
unaffected by the proposed revisions for the environmental topics. As listed below:
Aesthetics: The Approved project included a large storage building, heavy equipment, stockpiled
materials, accessory structures and uses that may be associated with other large‐scale agricultural
operations, on agriculturally‐zoned lands, in the valley region of the county. The proposed placement
of the security employee unit is situated among these structures, within the disturbed portion of the
property, and is not anticipated to result in additional impacts to the scenic resources beyond those
identified in the IS/MND.
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 8 of 10
Agriculture and Forestry: The proposed placement of the residential uses is situated
approximately 440 feet from the nearest property line abutting an agricultural zone. At this
distance, the project is consistent with Butte County Code §24‐81 (Agricultural Buffers), which
requires a 300‐foot setback from residential uses from property lines that abuts Agriculture zones.
Consistency with BCC §24‐81, together with the placement of residential units on the disturbed
areas of the site that do not have agricultural soils, the proposed project would not result in
additional impacts to the agricultural resources on the project site or in the surrounding area
beyond those identified in the IS/MND.
Air Quality: Construction time and daily energy use of the proposed security employee unit does not
differ from a typical single‐family home built and used in the County. Therefore, the anticipated
increase in construction and operational‐related criteria air pollutants beyond those identified in the
IS/MND are not a substantial increase, and would not require additional mitigation.
Biological Resources: Although new construction is proposed, the placement of the security
employee unit and recreational vehicle is located within the disturbed areas of the property where
no suitable habitats exist that are capable of supporting special‐status plant and animal species. The
proposed location of the Project is at a great enough distance from undisturbed areas of the project
site that mitigation measures adopted to address potential impacts of biological resources identified
the IS/MND are not applicable prior to construction.
Cultural Resources: The proposed project would not result in changes to the project that would be
materially different than the Approved Project. Although new construction is proposed, the
placement of the security employee unit and recreational vehicle is located within the disturbed
areas of the property, where the presence of cultural resources have likely been destroyed or
uncovered. The mitigation measures prescribed in the IS/MND would still be applicable and
necessary to reduce potentially significant impacts to any cultural resources uncovered during
development activities of the proposed project.
Geology and Soils: The proposed project would not result in substantially different geophysical
impacts beyond those identified in the IS/MND. Adherence to the California Building Code during
construction of the proposed project would ensure that minimum standards to safeguard life, health
and property are met, and potential impacts are less than significant.
Greenhouse Gas Emissions: The proposed project would result in direct and indirect emissions of
greenhouse gases. Project‐generated GHG emissions are off‐set with implementation of the Butte
County Climate Action Plan, which establishes numerous policies relative to GHG emissions. These
policies have been incorporated into the proposed project with the application Mitigation Measure
#11, and would reduce potential impacts to a less than significant level.
Hazards and Hazardous Materials: The proposed project would not increase risks related to hazards
or hazardous materials relative to the Approved Project. The relocation of the hazardous materials
depot from its approved location, 500 feet northwest to its proposed location, is being moved from
its approved location to accommodate the proposed residential unit, and to avoid incompatibility of
the two uses. The new location of the depot, and its distance from proposed residential unit, would
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 9 of 10
ensure that there are no substantial impacts.
Hydrology and Water Quality: The proposed project would be required, as under the Approved
Project, to comply with all applicable water quality regulations during and following construction
activities. As in the case with the Approved Project, compliance with State and local stormwater
runoff requirements would preclude the potential for significant impacts to receiving water bodies.
Land Use and Planning: Approval of the proposed amendment to UP14‐0002 would eliminate
Condition No. 24, as well as amend the approved site plan and use permit to allow for a permanent
unit to house an employee to provide 24‐hour security of the facility.
Mineral Resources: The proposed project would not result in additional impacts to mineral
resources beyond those identified in the IS/MND, and because the project site is not located within
an area of known mineral resources; therefore, mitigation is not required.
Noise: Allowable noise exposure levels from non‐transportation sources in Butte County are found
in Table HS‐3 of the Butte County General Plan. Pursuant to Note #2 of Table HS‐3, noise level
standards do not apply to residential units established in conjunction with industrial or commercial
uses (e.g. caretaker dwellings). Therefore, employees housed at the facility would not be exposed
to noise levels in excess of local standards.
Population and Housing: The proposed project is consistent with zoning, which normally allows for
the placement of a single‐family home. The proposed placement of a security employee unit, with
recommended restrictions to it’s occupancy, would generate less of a population increase then a
typical single‐family residence. Population increase associated with the placement of the proposed
unit would not result in growth inducing impacts to the county.
Public Services: Occpancy of the proposed unit is limited to 1 or 2 persons, over the age of 18. The
anticipated population increase associated with the proposed unit would not increase demands for
school, recreational and police services.
Recreation: Population and housing generated by the proposed project is minor and would not
result in a substantial increase in demand for recreational facilities or adversely affect County
park/populations ratios. Payment of park and recreation impact fees at the time of development
would offset the impacts of increased demand.
Transportation/Traffic: Vehicular traffic for a typical single‐family residence is estimated to be
approximately 10 vehicle trips per day (Institute of Transportation Engineers, 1997). Because the
scope of the proposed project is relatively minor in comparison a single‐family residence, the overall
traffic increase would not result in additional impacts beyond those identified in the IS/MND.
Utilities and Service Systems: The proposed project would not require or result in the construction
or expansion of any public utilities beyond those required for the Approved Project. Therefore,
impacts would be less than significant and no mitigation measures are required.
Mandatory Findings of Significance: No potential impacts of the proposed project would be
comparable beyond those identified in the IS/MND for the Approved Project had been identified.
Butte County Department of Development Services
Addendum to the Initial Study/Mitigated Negative Declaration (SCH No. 2014042060)
Conditional Use Permit UP15‐0005 (Old Durham Wood, Inc.)
Page 10 of 10
Implementation of mitigation measures adopted for the Approved Project would ensure that the
proposed project would not degrade the quality of the environmental; result in with regard to the
of the proposed project with
3.1 Conclusions
Based on the evidence included in the Addendum, the analysis and the conclusions in the 2014 IS/MND
remain current and valid. The proposed amendments to the Approved Project that establishes the
security employee unit, temporary use of a recreational vehicle, and relocation of the hazardous fuels
depot, would not cause new significant effects not identified in the MND, nor increase the level of
environmental effects to substantial or significant, and, hence no new mitigation measures would be
necessary to reduce the significant effects. No changes has occurred with respect to circumstances
surrounding the proposed project that would cause new or substantially more severe significant
environmental effects than were identified in the 2014 IS/MND. In addition, no new information has
become available that shows that the project would cause new or substantially more severe significant
environmental effects which have not already been analyzed in the 2014 IS/MND. Therefore, no further
environmental review is required beyond this Addendum.
DEVELOPMENT SERVICES
DEPARTMENT
BUTTE COUNTY
INITIAL STUDY AND
PROPOSED MITIGATED NEGATIVE DECLARATION
UP14-0002 (Old Durham Wood, Inc.)
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 1 of 55 ■
COUNTY OF BUTTE
DEPARTMENT OF DEVELOPMENT SERVICES
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
FOR
CONDITIONAL USE PERMIT - UP14-0002 (OLD DURHAM WOOD, INC.)
1.0 PROJECT INFORMATION
A. Applicant/Owner: M. Randy McLaughlin
B. Staff Contact: Rowland Hickel, Senior Planner; (530) 538-7150, rhickel@buttecounty.net
C. Project Name: Conditional Use Permit UP14-0002 (Old Durham Wood, Inc.)
D. Project Location: The project site is located at 974 Oroville Chico Highway, Durham. The project site is
located approximately five miles southeast of Chico, westerly of Highway 99 and 1.8 miles north of the
Durham-Pentz Road exit to Highway 99; Township 21N, Range 2E, Section 22; MDB&M.
E. Type of Application: Conditional Use Permit
F. Assessor Parcel Number: 040-120-033
G. Project Site Size: 87.76± acres
H. Current Zoning: AG-40 (Agriculture, 40-acre minimum parcel size)
I. General Plan Designation: AG (Agriculture)
J. Environmental Setting:
Old Durham Wood is located in unincorporated Butte County, situated between Oroville-Chico Highway to the
southwest and State Highway 99 to the northeast, located approximately 5 miles southeast of the City of Chico
(Figure 1). The facility’s address is 974 Oroville-Chico Highway, Durham, CA. It is located at 39.655451 N, -
121.743761 W; Township 21N, Range 2E, Section 22; MDB&M. Assessor’s Parcel Number: 040-120-033.
Approximately 33 acres of the 87.76 acre site are currently utilized for existing operations and support
structures for the Old Durham Wood facility. Remaining acreage is used for livestock grazing. Existing
operations include public and commercial greenwaste disposal, chipping and grinding of greenwaste material to
produce biomass fuel for off-site use, composting, and processing and storage of firewood.
The project site is developed with an existing 12,000 square foot metal building (60’ x 200’), permitted for
agricultural uses in 1997. The existing building is presently used for storage of processed firewood and storage
of materials associated with site operations. The site has several temporary structures including a 500 sq. ft.
office module and three travel trailers. The travel trailers are owned, and are presently occupied, by current and
past employees. No on-site wastewater disposal system or domestic water services are available at the site.
Employees and travel trailer residents are presently using portable restroom facilities, with domestic water
being provided by a 1,800 gallon water storage trailer filled from an off-site water source.
Oroville-Chico Highway, a county-maintained road, provides access to the project site. Driveway
improvements include a 24 foot wide travel way with asphalt approach apron and gated entrance. Internal
roads vary in width and have a native surface consisting of a durable, hardpan material.
Parking at the facility consists of undefined parking spaces located near the center of the site, adjacent to the
existing office module. The parking area encompasses approximately 2 acres and has a native surface
consisting of a durable, hardpan material.
The elevation of the project site ranges between 172 to 226 feet above mean sea level (msl). The topography of
the project site is level with 3% to 4% slopes falling from the north to the south towards Oroville-Chico
Highway.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 2 of 55 ■
The project site is located in the grassland natural community which is comprised of various land cover types
including grassland, grassland with vernal swale complex, vernal pools, and altered vernal pools. Grassland
community areas are dominated by low-growing, herbaceous vegetation (grasses, forbs, and grass-like plants)
in disturbed areas such as abandoned agricultural land. This community typically occurs on relatively level
valley basin soils, alluvial fans between basins and the foothills, and gently sloping terraces along the base of
the Sierra Nevada foothills. Valley grasslands are typically dominated by nonnative annual species that are
interspersed with a diverse assemblage of native perennial grasses, non-native and native forbs. Vernal pools
and vernal swales found within the grassland matrix contain a unique and diverse vegetation community.
These grassland communities provide habitats to many birds and other wildlife species including, habitats for
nesting, foraging, and/ or cover. Grasslands with vernal pools and swales include several special-status
invertebrates including vernal pool tadpole shrimp, and fairy shrimp.
Soils in the project site consist of Doemill-Jokerst Complex, 0 to 3 percent slopes; Doemill-Jokerst
Complex, 3 to 8 percent slopes; Jokerst-Doemill-Typic Haploxeralfs Complex, 8 to 15 percent slopes.
• Doemill-Jokerst Complex
The Doemill series consists of shallow, somewhat poorly drained soils that formed in residuum
derived from volcanic mudflow breccia. These soils are on mounds and in convex areas on ridgetops
and side slopes on volcanic ridges on Cascade foothills. Slopes range from 0 to 30 percent. Depth to
the water table is 10 to 14 inches.
• Jokerst Series
The Jokerst series consists of very shallow, poorly drained soils that formed in residuum derived from
volcanic mudflow breccia. These soils are in swales and broad planar areas on ridgetops and side
slopes on volcanic ridges on Cascade foothills. Slopes range from 0 to 30 percent. Depth to the
water table is 13 to 14 inches.
K. Surrounding Land Uses:
Surrounding land uses include grazing land, and agricultural related structures and residences. The project
site is surrounded by large acreage properties designated for agricultural use. Public right-of-ways in the
vicinity of the project site include Oroville-Chico Highway to the south and State Route 99 to the north.
Access to the subject property is limited to Oroville-Chico Highway. Three single-family residences are
located approximately 1200 ft., 1400 ft., and 2600 ft. from the project site.
Direction General Plan Designation Zoning Existing Land Use(s)
North Agriculture AG-40 Agricultural (Grazing)
South Agriculture AG-20 Agricultural (Orchards & Grazing)
East Agriculture AG-40 Agricultural (Grazing)
West Agriculture AG-20 Agricultural (Orchards & Grazing)
L. Project Description:
Old Durham Wood, Inc. is requesting a Conditional Use Permit for existing operations at the project site, and to
allow for an expansion of the existing operations (see summary below), together with the establishment of
orchard/farm wood processing operations for the production of boards.
Summary of Existing Operations
• Public and Commercial Greenwaste Materials Disposal
• Chipping and Grinding Operations (±8.0 acres)
• Composting Operations (±2.0 acres)
• Firewood Processing and Storage (±15 acres)
• Storage Building, Office, Housing, and Employee and Customer Parking Area (±6.0 acres)
Summary of Proposed Expansion
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 3 of 55 ■
• Expand the area of existing operations by ±25 acres.
• Relocation of existing North Area Recovery Station (NARS) greenwaste grinding operations area into
the expansion area. Approximately 127,750 square feet (2.93 acres) will be used for the new
operations area.
• Relocation of the existing North Area Recovery Station (NARS) truck dump station into the
expansion area for green waste materials receiving. Approximately 63,000 square feet (1.45 acres)
will be used for the new truck dump station.
• Relocation of existing composting operations into the expansion area. Approximately 289,345 square
feet (6.64 acres) of the project site will be used for the new operations area.
• Installation of an on-site waste water disposal system. A 1,500 gallon septic system and dispersal bed
replacement area will be sited on the southwest corner of the project site.
• Installation of an on-site domestic well for on-site water consumption, and to discontinue the use of
off-site water deliveries.
• Installation of underground water distribution lines and fire hydrants.
• Construction of a new driveway encroachment to Oroville-Chico Highway. The new driveway will
become the primary ingress/egress for greenwaste receiving by the general public and commercial
businesses.
• Expansion and relocation of the perimeter berm, and planting of trees on the existing and new portions
of the berm.
• Establishment of the Orchard/Farm Wood Processing Area for the production of boards. The
processing area will include ancillary structures and uses associated with the operation (i.e. equipment,
solar kilns, and pole barns). The processing area will be located in the proposed Greenwaste Grinding
area, as NARS operations are scaled back over time.
• Construction of ±30,000 square foot storage & office building.
• Construction of a 2,400 square foot diesel fuel station and hazardous materials storage area. The fuel
station will include 22,000 gallons of diesel fuel storage, 1,000 gallons of gasoline storage, and 350
gallons storage of both engine oil and hydraulic oil.
• Construction of internal haul roads throughout the project site. Proposed roads will be 30 feet wide
and surfaced with 2 to 4 inches of Class 2 aggregate.
• Construction of employee and customer parking facilities.
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
• Grading of the 25 acre expansion area;
• Construction of perimeter berms and application of erosion control measures;
• Planting of landscaping, pursuant to the approved Odor Impact Minimization Plan;
• Construction of stormwater and leachate drainage detention facilities;
• Construction of on-site domestic well and water delivery system to the satisfaction of the Butte
County Environmental Health Division;
• Construction of on-site septic system, to the satisfaction of the Butte County Environmental Health
Division; and
• Construction of proposed employee and customer parking area.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 4 of 55 ■
Phase 2
• Relocation of existing North Area Recovery Station (NARS) greenwaste chipping and grinding
operations into expansion area;
• Relocation of existing truck dump equipment into expansion area;
• Relocation of existing composting operations into expansion area;
• Construction of the 30,000 square foot storage building/office;
• Construction of internal haul roads;
• Construction of the new driveway encroachment for the public green waste receiving facility; and
• Construction of proposed 2,400 square foot fuel station and hazardous materials storage area.
Phase 3
• Establishment of the orchard/farm wood processing (milling) facility;
• Construction of three, 2,400 square foot pole barns (40’ x 60’) to house woodworking equipment and
wood veneers.
• 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.
Project Operations
The following sections discuss the operational processes that are presently occurring at the project site, and
processes that will be established with approval of the project. These processes include discussions of
environmental monitoring and control measures that will be implemented by the applicant.
Operations Equipment
Equipment that will be used at the facility includes:
• Morbark 6600 Horizontal Grinder or Morbark 1300 Tub Grinder
Used in the processing of greenwaste materials into biomass and compostable materials.
• 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.
• 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.
• 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.
• Water Truck
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 5 of 55 ■
Used for suppressing dust caused by vehicles and grinding operations, fire suppression, watering of
compost to maintain moisture levels and lower temperatures, extracting accumulations of water for
distribution elsewhere and applying additives to the composting piles.
• Forklift
Used for unloading pallets, crates, and moving packaged firewood products for storage or transport.
• Hydraulic Woodsplitters
Used for splitting firewood rounds into pieces that can be wrapped into firewood bundles or sold as
bulk firewood.
• Baker Band Saw
Used for cutting orchard/farm logs into square logs, prior to the curing stage of the operation.
• Rip Saw
Used for cutting cured logs into boards, prior to shipping materials off-site for additional processing.
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 Greenwaste 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 Greenwaste
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 greenwaste 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 greenwaste
material (raw and processed) at the facility. Greenwaste material from NARS is processed about twice a
week. Greenwaste 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)..
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 greenwaste, 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
greenwaste. During the late spring and summer, there is more agriculture material available to them, so co-
generation power plants cut back on accepting processed greenwaste. Greenwaste 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.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 6 of 55 ■
Between the public greenwaste and the greenwaste material from NARS, a total of 300,000 cubic yards of
greenwaste material is processed each year. Public greenwaste accounts for about 60,000 cubic yards, and
the greenwaste 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 greenwaste. 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 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 greenwaste. 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)
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 7 of 55 ■
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 boards reach the appropriate
moisture content, the 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.
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 an 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
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 8 of 55 ■
corner of the project site. The septic system will be permitted and monitored by the Butte County
Environmental Health Division.
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:
• Investigate and determine the likely cause off-site odor;
• 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;
• 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
• 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
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.
Hazardous Materials
Hazardous materials that are currently on-site, and proposed to be added to the facility, consist of the
following:
• Diesel fuel
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 9 of 55 ■
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.
• 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.
• 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.
• Engine Oil
Used engine oil is currently kept in 5 gallon buckets inside the metal building prior to being
transported to the Durnel Drive facility to 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.
M. Public Agency Approvals:
The CEQA lead agency is Butte County. The County Planning Commission will determine whether or not to
adopt the IS/MND and approve the Butte County Conditional Use Permit application for the existing facility
and the proposed expansion. The following additional approvals and permits will be required for the Old
Durham Wood Facility upon project approval:
A Butte County Grading Permit issued by the County Public Works Department.
A Butte County Encroachment Permit issued by the County Public Works Department.
A Solid Waste Facility Permit issued by the Butte County Environmental Health Division, with
concurrence by Cal Recycle.
An NPDES General Permit for Discharges of Storm Water Runoff Associated with Construction
Activity. The project applicant must submit a Notice of Intent to the Central Valley Regional Water
Quality Control Board (RWQCB) to be covered by the General Permit prior to the beginning of
construction. The General Permit requires the preparation and implementation of a SWPPP, which
must be prepared before construction begins.
An Air Quality Permit issued by the Butte County Air Quality Management District.
¬«99¬«99
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UP14-0002APN:040-120-033
Old Durham Wood, Inc.
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OLD DURHAM WOOD COMPANY, INC.
MINOR USE PERMIT NO. 14-0002
974 OROVILLE-CHICO HIGHWAY
STATE OF CALIFORNIACOUNTY OF BUTTE
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PRELIMINARY SITE PLAN
DURHAM, CA 95938
(APN 040-120-028)
OW02
OW01
OW03
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WF03
WF04
WF06WF12
WF10 WF11 WF09 WF05 WF07
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E Old Durham Wood
Conceptual Site Design
0 100 200 Feet
1:2,400
Data Sources: USDA (2012 Imagery), Wes Gilbert
Engineering (Site Design), Gallaway Enterprises Map Date: 06/17/13, Updated 03/24/14, 03/31/14
Oroville - Chico Highway
Project Area
Direction of FlowSite Design From DWG, 03/31/14
Proposed Roads
Proposed Sewer Pipe
Proposed Buildings and Land Uses
5-Foot Breaks in Berm
Existing Berm
Proposed Berm
Proposed Water LineVerified Features (PJD SPK-2013-01078)
Seasonal Swale- WF#
Other Waters of the U.S.- OW#
Greenwaste
Grinding Compost
Storage
Wood
Storage
Wood
Storage
Public
Greenwaste
Dumping
Wood
Storage
Proposed Well
and Pump Site
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 14 of 55 ■
3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING
Environmental Factors Potentially Affected:
Project impacts to the environmental factors checked below could be potentially significant; however, with the
incorporation of mitigation measures, project related impacts are reduced to a “less than significant” level (CEQA
Guidelines 15382).
Aesthetics Agriculture & Forestry
Resources
Air Quality
Biological Resources Cultural Resources Geology /Soils
Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality
Land Use / Planning Mineral Resources Noise
Population / Housing
Public Services
Recreation
Transportation/Traffic Utilities / Service Systems Mandatory Findings of
Significance
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 15 of 55 ■
4.0 ENVIRONMENTAL IMPACTS
4.1 Aesthetic/Visual Resources:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Have a substantial adverse effect on a scenic vista?
b. Substantially damage scenic resources, including, but
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c. Substantially degrade the existing visual character or
quality of the site and its surroundings?
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
Setting:
The project area is characterized as open pasture and agricultural lands situated in the rural valley region of Butte
County, approximately 3 miles east from the unincorporated farming community of Durham, approximately 5 miles
south from the City of Chico, and directly southwest from State Route 99. The topography of the project area is
gentle and flat, with elevations ranging from 60 to 200 feet above sea level. The level topography of the valley
region contributes to an open and uniform visual character, with natural waterways and canals, and associated
levees, providing the most dominate landscape features. Natural vegetation in the area consists of valley grasslands,
valley oak woodlands, fresh water marshes, and vernal pools. The most prominent human-made features are the
scattered rural residences, farm structures, roads, utility lines, as well as the urban and suburban landscapes
surrounding Chico. Many other small farming and ranching towns exist within the valley floor, and typically
include a small town center surrounded by suburban and rural residential development. From the open valley area,
the most prominent scenic views are to distant features such as the Sutter Buttes to the south, the Coast Ranges to
the west, and the county’s eastern foothills, including Table Mountain.
Impact Discussion:
a.) Less than significant impact. The location of the proposed project within the valley would make it visible
from various vantage points from around the valley and foothill regions of the county, which could
adversely affect scenic vistas. However, the project is situated in an area that does not have scenic
resources that the project would detract from, including water features, unique geologic features and
wildlife habitat areas. Additionally, the project site is located on the valley floor, limiting the visual
impacts from adjacent areas.
b.) Less than significant impact. Portions of the project site would be visible from northbound and
southbound traffic along State Route 99. State Route 99 is not designated as a scenic highway by any local,
State or Federal agency, including the County. As a result, implementation of the project would have no
impact on scenic resources along a scenic highway.
c.) Less than significant impact. The proposed project includes features such as large storage buildings,
heavy equipment operations, stockpiled materials, and accessory structures and uses. These features may
be typically found on other large-scale agricultural operations, located on agriculturally-zoned lands found
in the valley region of the county. Although there would be changes to the project site with approval of the
proposed project, the overall character and visual integrity of the site would be consistent with the rural
character and quality of the surrounding area.
d.) Less than significant impact. Implementation of the project would not significantly increase light within
the project site, or the amount of light that would spill over to adjacent land uses, due to project operations
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 16 of 55 ■
occurring during daytime hours. If lighting would be used at the site, it would typically be located within
the structures located at the site. Some outdoor lighting may be necessary during nighttime hours to ensure
worker safety or security for the facility. Any outdoor lighting used at the site would be consistent with
Article 14 of Butte County Code, which requires that all outdoor lighting be adequately shielded and
directed such that no direct light falls outside the property perimeter, or into the public right-of-way.
Mitigation Measure: None required.
4.2 Agriculture Resources:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b. Conflict with existing zoning for agricultural use, or
a Williamson Act Contract?
c. Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d. Result in the loss of forest land or conversion of
forest land to non-forest use?
e. Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
Setting:
The project site is located on agricultural grazing lands, and is situated in the AG-40 (Agricultural, 40-acre
minimum parcel size) zone district. The Land Use Element Map of the Butte County General Plan designates the
project site as Agriculture (AG). The agriculture land use designation is primarily for the cultivation, harvest,
storage, processing, sale and distribution of all plant crops, especially annual food crops, as well as roadside stands
for the sale of agricultural products grown or processed on the property. Secondary uses consistent with this
designation include animal husbandry, composting facilities, firewood processing, and residential uses. Additional
allowable uses and conditionally allowed uses for agriculture zoned lands are specified under Section 24-13 of the
Butte County Zoning Ordinance.
Farmland Mapping
To characterize the environmental baseline for agricultural resources, Important Farmland Maps produced by the
California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) were reviewed.
Important Farmland maps show categories of Prime Farmland, Farmland of Statewide Importance, Unique
Farmland, Farmland of Local Importance (if adopted by the county), Grazing Land, Urban and Built-up Land, Other
Land, and Water. Prime Farmland and Farmland of Statewide Importance map categories are based on qualifying
soil types, as determined by the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service
(NRCS), as well as current land use. These map categories are defined by the Department of Conservation’s FMMP
as follows:
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 17 of 55 ■
Prime Farmland: Land which has the best combination of physical and chemical characteristics for the
production of crops. It has the soil quality, growing season, and moisture supply needed to produce
sustained high yields of crops when treated and managed, including water management, according to
current farming methods.
Farmland of Statewide Importance: Land that is similar to Prime Farmland but with minor
shortcomings, such as greater slopes or less ability to hold and store moisture.
Unique Farmland: Land of lesser quality soils used for the production of specific high economic value
crops. It has the special combination of soil quality, location, growing season, and moisture supply needed
to produce sustained high quality or high yields of a specific crop when treated and managed according to
current farming methods. It is usually irrigated, but may include non-irrigated orchards or vineyards as
found in some climatic zones in California. Examples of crops include oranges, olives, avocados, rice,
grapes, and cut flowers.
Farmland of Local Importance: Land of importance to the local agricultural economy, as determined by
each county’s board of supervisors and local advisory committees. Examples include dairies, dryland
farming, aquaculture, and uncultivated areas with soils qualifying for Prime Farmland and Farmland of Statewide Importance. Butte County has not adopted a definition of Farmland of Local Importance.
Grazing Land: Land on which the existing vegetation, whether grown naturally or through management,
is suitable for grazing or browsing of livestock.
Urban and Built-up Land: Land used for residential, industrial, commercial, construction, institutional,
public administrative purpose, railroad yards, cemeteries, airports, golf courses, sanitary landfills, sewage
treatment plants, water control structures, and other development purposes. Highways, railroads, and other
transportation facilities are also included in this category.
Water: Water areas with an extent of at least 40 acres.
The project site is identified by the Department of Conservation as containing lands classified as Grazing Land and Other Land. Approximately 56.5 acres of the project site is designated as Grazing Land. The remaining 31.2 acres
of the project site is designated as Other Land.
Williamson Act
The California Land Conservation Act of 1965, commonly known as the Williamson Act, was established based on
numerous State legislative findings regarding the importance of agricultural lands in an urbanizing society. Policies
emanating from those findings include those that discourage premature and unnecessary conversion of agricultural
land to urban uses and discourage discontinuous urban development patterns, which unnecessarily increase the costs
of community services to community residents. The Williamson Act authorizes each County to establish an
agricultural preserve. Land that is within the agricultural preserve is eligible to be placed under a contract between
the property owner and County that would restrict the use of the land to agriculture in exchange for a tax assessment
that is based on the yearly production yield. The contracts have a 10-year term that is automatically renewed each
year, unless the property owner or county requests a non-renewal or the contract is cancelled. The project site is not
encumbered by a Williamson Act contract. Additionally, no properties are the immediate vicinity of the project site
that is under a Williamson Act contract.
Impact Discussion:
a.) No Impact. The project site is not designated as Important Farmland in the Farmland Mapping and
Monitoring Program. Therefore, the proposed project would not result in the conversion of Important
Farmland to a non-agricultural use.
b.) No Impact. The project site is zoned for agricultural uses, but is not restricted by a Williamson Act
contract. Additionally, the proposed project is an allowed use within the agriculture zone, with the issuance
of a Conditional Use Permit, and is intended to support, protect, and maintain the long-term agricultural
viability within the county by minimizing land-use conflicts.
c.) No impact. The project site is not located in a timber resource zoning category such as Timber Mountain
(TM), Timber Production (TPZ), or Resource Conservation (RC). Therefore, the proposed project would
not conflict with, or cause the rezoning of, a timber resource zoning designation.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 18 of 55 ■
d.) No impact. The project site is not classified as forest land, and therefore, the proposed project would not
result in loss or conversion of forest land to a non-forest use.
e.) Less than significant impact. The proposed project is a conditionally allowable use in the agriculture zone
and would not create any potential land-use conflicts with surrounding agricultural uses that could lead to
the premature conversion of agricultural resources. The greenwaste and orchard and farm wood processing
provided by this facility is an important asset to the area’s agricultural economy.
Mitigation Measure: None required.
4.3 Air Quality:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Conflict with or obstruct implementation of the
applicable air quality plan?
b. Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
d. Expose sensitive receptors to substantial pollutant
concentrations?
e. Create objectionable odors affecting a substantial
number of people?
Setting:
The proposed project is located in the Northern Sacramento Valley Air Basin (NSVAB). The NSVAB is bounded
on the north by the Cascade Range, on the south by the Greater Sacramento Air Region and San Joaquin Valley Air
Basin, on the east by the Sierra Nevada, and on the west by the Coast Range. High temperatures and low humidity,
with prevailing winds from the south, characterize summer conditions. Occasional rainstorms, interspersed with
stagnant and sometimes foggy weather, characterize winter conditions. Southern winds continue to predominate
during the winter. Two types of inversion occur in the NSVAB: 1) during the summer sinking air forms a lid over
the region contributing to photochemical smog and 2) air cools next to the ground while air aloft remains warm
causing poor dispersion of ground level pollutant emissions.
The region’s air pollution management is guided by the Basin’s 2003 Air Quality Attainment Plan and includes a
number of feasible control measures. Butte County, under the auspices of the Butte County Air Quality
Management District (BCAQMD), has adopted some, but not all, of these measures.
The NSVAB is subject to federal, state, and local regulations. The NSVAB is designated nonattainment for PM10,
(particulate matter less than 10 microns in diameter), PM2.5 (particulate matter less than 2.5 microns in diameter)
and ozone (ROG and NOX), by the federal Environmental Protection Agency (EPA) and the California Air
Resources Board (CARB).
The CARB prepares and submits to the EPA a State Implementation Plan explaining how the state will attain
compliance with Federal clean air standards. The NSVAB adopted an updated Air Quality Attainment Plan in 2004
as its component of the State Implementation Plan. Among other policies, the Air Quality Attainment Plan called
for the preparation and implementation of Indirect Source Review Guidelines (Guidelines). The intent of the
Guidelines is to facilitate incorporation of features and mitigations early in the planning process, rather than later
during the formal environmental review process when it may be too late or too expensive to incorporate the
District’s recommended mitigation measures.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 19 of 55 ■
The BCAQMD also released the CEQA Air Quality Handbook: Guidelines for Assessing Air Quality Impacts for
projects subject to CEQA Review (CEQA Handbook), which was approved January 24, 2008. The document
establishes thresholds of significance for projects based on project size and/or projected emissions. The thresholds
were analyzed for conformance with CEQA Guidelines §15382. The districts four categories of evaluation are:
1. Comparison of calculated project emissions to the Districts emission thresholds;
2. Consistency with the most recent Air Quality Attainment Plan (AQAP) for Butte County;
3. Comparison of predicted ambient pollutant concentrations resulting from the project to State and Federal health standards, where applicable; and
4. The evaluation of special conditions which apply to certain projects, such as public exposure to toxic air contaminants.
Table 4.3-1, below, lists the thresholds of significant for critical pollutants of concern, and the environmental
document type, as determined by the CEQA Air Quality Handbook provided by the BCAQMD.
Table 4.3-1: Thresholds of Significance for Critical Pollutants of Concern
Pollutant Level A Level B Level C
NOx ≤25 lbs/day >25 lbs/day >137 lbs/day
ROG ≤25 lbs/day >25 lbs/day >137 lbs/day
PM10 ≤80 lbs/day >80 lbs/day >137 lbs/day
Level of Significance Potentially Significant
impacts
Potentially Significant
Impacts Significant Impacts
Environmental Document Mitigated Negative
Declaration (MND) or ND Mitigated ND or EIR EIR
Source: Table 2.1 of the BCAQMD CEQA Air Quality Handbook
Impact Discussion:
a.) Less than significant impact. A project is deemed inconsistent with air quality plans if it would result in
population and/or employment growth that exceeds growth estimates included in the applicable air quality
plan, which, in turn, would generate emission not accounted for in the applicable air quality plan emissions
budget. Therefore, proposed projects need to be evaluated to determine whether they would generate
population and employment growth and, if so, whether that growth would exceed the growth rates included
in the relevant air plans.
The proposed project would not induce population growth. However, implementation of the proposed
project would result in approximately 20 added employees, which would likely be drawn from the local
workforce. The proposed project is consistent with the agricultural zoning of the property. Consequently,
the proposed project has been included in the County’s General Plan and accounted for in the region’s
clean air plan. Further, while the proposed project would generate relatively minor amounts of emissions
associated with construction activities, off-road equipment, increased on-road trips and employee trips,
these emissions are not anticipated to exceed the emission’s budget from the applicable air quality plan.
b.) Less than significant impact with mitigation incorporated. The proposed project has the potential to
generate both short-term construction-related emissions and long-term operational emissions.
During construction, criteria air pollutant emissions would be temporarily and intermittently generated
from a variety of sources. Project-related excavation and site grading activities would generate fugitive
particulate matter (PM) dust emissions. Fugitive dust emissions are primarily associated with ground
disturbance and material transport and vary as a function of parameters such as soil silt content and
moisture, wind speed, extent of disturbance area, and the intensity of activity performed with construction
equipment. Exhaust emission from diesel equipment, material transport trips, and construction worker-
commute trips also contribute to short-term increase in PM emissions, but to a lesser extent. Construction
would involve use of equipment and paving materials that would emit ozone precursors (i.e., reactive
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 20 of 55 ■
organic gases or ROG, and nitrogen oxides, or NOx). Construction activities would also result in the
emission of other criteria pollutants from equipment exhaust, construction-related vehicular activity, and
construction worker automobile trips. Emission levels for these activities would vary depending on the
number and type of equipment, duration of use, operation schedules, and the number of construction
workers. Criteria pollutant emissions of ROG and NOx from these emission sources would incrementally
add to the regional atmospheric loading of ozone precursors during project development.
Construction activities are anticipated to cause PM10 emissions from fugitive dust to exceed BCAQMD
thresholds. The BCAQMD requires the use of specific construction dust mitigation measures to reduce
PM10 emissions during construction. These measures focus on minimizing emissions associated with land
clearing/earth moving, visibly dry disturbance soil surface areas, paved road track-out, visibly dry disturbed
unpaved roads, and soil piles. The BCAQMD also requires the use of specific mitigation measures that are
intended to mitigate combustion emissions from heavy-duty construction equipment. Implementation of
the BCAQMD construction mitigation measures would reduce project-related construction emissions to a
less than significant level.
The proposed project will also result in long-term criteria air pollutant emissions from the anticipated
increase in on-road vehicles trips, and employee vehicle trips, increased use of off-road equipment, and
from the handling of greenwaste materials. Emissions of ROG and NOx are not expected to exceed
defined thresholds. However, proposed operations are anticipated to cause PM10 emissions to exceed
BCAQMD’s thresholds. To ensure implementation of effective and comprehensive control measures for
fugitive dust emission to reduce potential air quality impacts from construction activities and proposed
operations to a less than significant level, Mitigation Measure #1 through #4, listed below, is
recommended.
c.) Less than significant impact with mitigation incorporated. Based on the information provided in section
b.), above, the proposed project would not result in the violation of any air quality standards or contribute
substantially to an existing or projected air quality violation, except for fugitive dust emissions. Fugitive dust
emissions generated during construction activities and operations has the potential to contribute cumulatively to
the region’s non-attainment of PM10 and PM2.5 emissions. Implementation of Mitigation Measure #1 through
#4 would reduce potential cumulative fugitive dust emission impacts to a less than significant level.
d.) Less than significant impact with mitigation incorporated. Construction and operational activities would
generate emissions of criteria pollutants, including suspended and inhalable particulate matter and
equipment exhaust emissions. These emissions have the potential to expose nearby sensitive receptors to
pollutant concentrations, if these sensitive receptors are located within 500 feet of the emission source.
An evaluation of the project area revealed that the nearest sensitive receptor is a single-family residence
located approximately 1,090 feet northwest from the project site. Because the nearest receptor is located
over 500 feet from emission sources, together with the implementation of Mitigation Measure #1 through
#4, potential impacts from criteria pollutants would not exceed the significance thresholds recommended by
the County and BCAPMD.
e.) Less than significant impact. Butte County Air Quality Management District’s District Rule 200, is the
basis for establishing a threshold for odor impacts. A project may reasonably be expected to have a
significant adverse odor impact where it were to “discharge from any non-vehicular source such quantities
of air contaminants or other materials which cause injury, detriment, nuisance, or annoyance to any
considerable number of persons or to the public or which endangered the comfort, repose, health or safety
of any such persons or the public or which cause or have a natural tendency to cause injury or damage to
business or property.”
Composting facilities have the potential to generate substantial amounts of odors due to the generation of
ammonia and hydrogen sulfide as by-products of the composting process. Composting is the biological
decomposition of organic matter under controlled conditions. Decomposition that takes place in the
absence of oxygen (i.e., anaerobic decomposition) produces more pungent odors. Under anaerobic
conditions methane gas, carbon dioxide, and sulfur compounds are produced. Odors due to the anaerobic
decay are generally the odors of concern when handling organic waste material.
The BCAQMD has identified screening distance trigger levels for various types of land uses typically
associated with odors, including composting facilities. If a project would locate receptors and known odor
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 21 of 55 ■
sources in proximity to each other (up to one mile) further analysis is recommended. If a project would not
locate receptors and known odor sources in proximity to each other, then further analysis is not warranted.
An evaluation of the proposed project and the surrounding receptors in terms of the guidance provided by
BCAQMD indicates that the nearest sensitive receptor to the project site is located 1,090 feet, with several
more individual receptors (e.g. occupied businesses and residences) located within one mile of the project
site.
For projects triggering the Districts screening level distances, the BCAQMD indicates that the assessment
of odor complaints received against a facility should be undertaken to determine odor impacts. A facility
would result in a significant odor impact if the BCAQMD has received more than one confirmed complaint
per year averaged over a 3-year period, or three unconfirmed complaints per year averaged over a 3-year
period. The BCAQMD was contacted to determine whether any odor complaints have been received
against the Old Durham Wood facility, and it was confirmed that there have been no odor complaints.
While no complaints have been received against the current facility operations, the facility has the potential
to generate significant odor impacts to nearby sensitive receptors. To reduce potential odor impacts to a
less than significant level, Mitigation Measures #5 is proposed.
Mitigation Measure #1:
The applicant shall implement the following specific mitigation measures to ensure adequate dust control:
• 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.
• Haul vehicles transporting soil into or out of the property shall be covered.
• 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.
• 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.
• 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.
• Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent
dust generation.
• 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.
• Construction workers shall park in designated parking area(s) to help reduce dust emissions.
• Other measures that may be required as determined appropriate by the BCAQMD or Department of Public
Works in order to control dust.
• 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 (855-332-9400) shall be visible to ensure compliance with BCAQMD Rule
200 & 205 (Nuisance and Fugitive Dust Emissions).
Mitigation Measure #2:
The applicant shall implement the following mitigation measures to mitigate combustion emissions from heavy-duty
construction equipment.
• Maintain all off-road equipment in proper tune and regularly serviced according to manufacturer’s
specification.
• 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.
• Electrify equipment where feasible.
• Substitute gasoline-powered for diesel-powered, where feasible.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 22 of 55 ■
• Use alternative fueled construction equipment on site where feasible, such as compressed natural gas (CNG),
liquefied natural gas (LNG), propane, or biodiesel.
• Use equipment that has Caterpillar pre-chamber diesel engines.
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. Specifically, the following
practices will help minimize the generation and dispersal of dust and fungus spores during composting operations
and thus limit exposure:
• Refrain from turning, screening, or loading activities on windy days;
• Use water spray or mists during grading, screening, and pile turning activities;
• Maintain proper moisture levels in active composting piles;
• Maintain good housekeeping practices, including site cleanliness;
• Provide employee training and the use of personal protective equipment.
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:
• 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.)
• Improvement of thermal efficiency of structures as appropriate by reducing thermal load with automated
and timed temperature controls, or occupancy load limits.
• Incorporate shade trees, adequate in number and proportional to the project size, throughout the project site
to reduce building heating and cooling requirements.
• Use fleet vehicles that run on clean-burning fuels as may be practicable.
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.). This plan will be submitted
to the Local Enforcement Agency (LEA) as part of the application for a Solid Waste Facilities Permit (SWFP) for
the facility’s operations and implemented upon issuance of the SWFP. In accordance with the above-cited
regulations, the plan shall contain, at a minimum:
• An odor monitoring protocol which describes the proximity of possible odor receptors and a method for
assessing odor impacts at the location of possible odor receptors.
• A description of meteorological conditions effecting migration of odors and/or transport of odor-causing
material off-site. Seasonal variations that effect wind velocity and direction shall also be described.
• 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.
• 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.
• A description of operating procedures for minimizing odor, including aeration moisture management,
feedstock quality, drainage controls, pad maintenance, wastewater pond controls, storage practices (e.g.,
storage time and pile geometry), contingency plans (i.e. equipment, water, power, and personnel),
biofiltration, and tarping.
• The odor impact minimization plan shall be revised to reflect any changes to operating or program
conditions, and a copy shall be provided to the LEA within 30 days of those changes.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 23 of 55 ■
• The odor impact minimization plan shall be reviewed annually by the operator to determine if any revisions
are necessary.
4.4 Biological Resources:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 or the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means)?
d. Interfere substantially with the movement of any
native resident or migratory fish and wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife
nursery sites?
e. Conflict with any local policies or ordinances
protecting biological resources such as a tree
preservation policy ordinance?
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
g. A reduction in the numbers, a restriction in the range,
or an impact to the critical habitat of any unique, rare,
threatened, or endangered species of animals?
h. A reduction in the diversity or numbers of animals
onsite (including mammals, birds, reptiles,
amphibians, fish or invertebrates)?
i. A deterioration of existing fish or wildlife habitat (for
foraging, breeding, roosting, nesting, etc.)?
j. Introduction of barriers to movement of any resident
or migratory fish or wildlife species?
k. Introduction of any factors (light, fencing, noise,
human presence and/or domestic animals) which could
hinder the normal activities of wildlife?
Setting:
The project site is located in an established agricultural area of Butte County, within the northern Sacramento
Valley. The project site has been utilized for livestock grazing and facility operations and most, if not all, of the
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native vegetation has been altered. Gallaway Enterprises prepared a general biological resource assessment (BRA)
for 52 acres of the 88 acre property in February 2014. The BRA characterized the project site as Annual Grassland
with mound-swale topography. NorthStar Environmental conducted a protocol-level botanical survey for Butte
County meadowfoam (Limnanthes flocossa ssp. californica) on March 14, 2013.
Annual Grassland
Annual grassland consists mostly of annual grasses and forbs, such as medusahead grass, soft chess, and yellow star
thistle. Common wildlife species that are found breeding in this habitat include a variety of ground nesting avian
species and small mammals, reptiles and amphibians. However, due to the thin soils present, the annual grassland
within the project site does not support breeding habitat for most ground burrowing avian or mammal species.
Jurisdictional Waters of the United States, including Wetlands
Waters of the United States (U.S.), including wetlands, are broadly defined to include navigable waterways, and
tributaries of navigable waterways, and adjacent wetlands. Although definitions vary to some degree, wetlands are
generally considered to be areas that are periodically or permanently inundated by surface water or groundwater,
supporting vegetation adapted to life in saturated soil. Jurisdictional wetlands are vegetated areas that meet specific
vegetation, soil, and hydrologic criteria defined by the U.S. Army Corps of Engineers (USACE). The USACE holds
sole authority to determine the jurisdictional status of waters of the U.S., including wetlands. Jurisdictional
wetlands and Waters of the U.S. include, but are not limited to, perennial and intermittent creeks and drainages,
lakes, seeps, and springs; emergent marshes; riparian wetlands; and seasonal wetlands. Wetland and waters of the
U.S. provide critical habitat components, such as nest sites and reliable source of water for a wide variety of wildlife
species.
Aquatic features on the project site include wetlands totaling 0.559 acres and two ephemeral drainages totaling 0.23
acres. A draft delineation of waters of the United States was prepared for the project site by Gallaway Enterprises in
October 2013. The delineation has been verified by the United States Army Corps of Engineers in January 2014.
Special-Status Species
Many species of plants and animals within the State of California have low populations, limited distributions, or both.
Such species may be considered “rare” and are vulnerable to extirpation as the state’s human population grows and the
habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and
animals have been formally designated as threatened or endangered under State and Federal endangered species
legislation. Others have been designated as “Candidates” for such listing and the California Department of Fish and
Game (CDFG) have designated others as “Species of Special Concern”. The California Native Plant Society (CNPS)
has developed its own lists of native plants considered rare, threatened or endangered. Collectively, these plants and
animals are referred to as “special status species.”
Various direct and indirect impacts to biological resources may result from the small amount of development enabled by
the project, including the loss and/or alteration of existing undeveloped open space that may serve as habitat. Increased
vehicle trips to and from the project site can result in wildlife mortality and disruption of movement patterns within and
through the project vicinity. Disturbances such as predation by pets (e.g., cats and dogs) and human residents may also
occur at the human/open space interface, while conversion of land from lower to higher density residential use can lead
to a predominance of various urban-adapted wildlife species (e.g., coyotes, raccoons, ravens and blackbirds) that have
been observed to displace more sensitive species.
California Environmental Quality Act Guidelines Section 15065 requires a mandatory finding of significance for
projects that have the potential to substantially degrade or reduce the habitat of a threatened or endangered species, and
to fully disclose and mitigate impacts to special status resources. For the purposes of this Initial Study, the California
Environmental Quality Act (Public Resources Code Sections 21083 and 21087,) defines mitigation as measure(s) that:
• Avoids the impact altogether by not taking a certain action or parts of an action.
• Minimizes impacts by limiting the degree or magnitude of the action and its implementation.
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment.
• Reduces or eliminates the impact over time by preservation and maintenance operations during the life of
the project.
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• Compensates for the impact by replacing or providing substitute resources or environments.
The Biological Resource Assessment prepared by Gallaway Enterprises compiled a list of special-status species that
have a potential to occur within the vicinity of the project site and/or have suitable habitat and/or recorded
observations within or within close proximity of the project.
Impact Discussion:
a.) Less than significant impact with mitigation incorporated. The project site contains habitats that have the
potential to support special-status plant species; Ahart’s paronychia, Butte County golden clover, Butte
County meadowfoam, and Red Bluff dwarf rush. An initial survey of the project site did not reveal the
presence of these species, or any additional sensitive species. The absence of these species during the
initial survey does not preclude the possibility that certain species may be located on the project site, and
that a follow-up survey during the species’ flowering period would be necessary to verify these species
continue to not be present. Mitigation Measure #6 is recommended to verify the absence of sensitive
species on the project site, prior to grading activities. Should the presence of sensitive species be
identified, measures would be implemented by the applicant to avoid or mitigate these species, and insure
that no significant impacts occur.
Due to the lack of trees, shrubs, rock outcroppings, or crevices, there is no suitable nesting habitat for bats,
raptors or migratory bird species that require these habitat components for nesting. Additionally, the thin
soils present on the project site preclude the potential for ground-borrowing avian species. Though the
project site lacks many of the elements that support avian species, the grassland habitat provide foraging
and nesting opportunities for some species. To insure that proposed grading activities do not impact the
species using the project site for foraging or nesting, Mitigation Measure #7 is recommended.
b.) Less than significant impact with mitigation incorporated. See discussion 4.4(c) – Biological Resources.
c.) Less than significant impact with mitigation incorporated. The applicant proposes to avoid all wetlands and
other waters of the United States identified within the project site. If all wetlands and waters are avoided, no
impacts are anticipated. To ensure that wetlands and waters of the U.S. are adequately protected during
construction activities and no potentially significant impacts occur, Mitigation Measure #8 is recommended.
d.) No impact. No major migratory routes have been designated through the project site. The site may
facilitate home range and dispersal movement of resident wildlife species, but does not serve as a
designated wildlife movement corridor. Development of the project site would not restrict regional wildlife
movement or wildlife migration patterns primarily due to the large density of the subject property and
surrounding area, which provide migrating wildlife an opportunity to avoid obstructions.
e.) No impact. No trees are located in the project site. Therefore, no conflict with local with any local policies or
ordinances protecting biological resources such as a tree preservation policy ordinance is anticipated.
f.) No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan
(HCP)/National Community Conservation Plan (NCCP) that is currently being prepared for the western
half of the Butte County, and is scheduled to be completed in 2015. The project site is located within the
proposed plan area of the BRCP. However, as the plan has not been adopted, the proposed project will not
conflict, nor interfere with, the attainment of the goals of the proposed plan.
g.) Less than significant impact with mitigation incorporated. See discussion 4.4(a) – Biological Resources.
The applicant is proposing to avoid, and provide a suitable buffer for, existing wetland habitat located on
the project site. Avoidance of existing wetland habitat, together with recommended mitigation measures
for follow-up surveys of the project site, potential impacts are less than significant.
h.) Less than significant impact with mitigation incorporated. See discussion 4.4(a) – Biological Resources.
i.) Less than significant impact. The project site does not contain fish-bearing waterways. The proposed
project will include appropriate erosion control measures and storm water detention facilities to insure that
sediment and other pollutant discharges do not affect off-site fish-bearing waterways.
j.) Less than significant impact. The proposed project does not include elements that would potential
obstruct the movement of migratory fish and wildlife species.
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k.) Less than significant impact. Site activities include lighting, noise, and other activities that may disrupt
the normal activities of area wildlife. However, the project site is located on large agricultural-zoned
parcels that will continue to provide open areas for wildlife to forage or migrate around potentially
disruptive areas. Lighting, noise, and human activities are not anticipated to be at a level that would
substantially alter the normal activities of wildlife, such as with a residential subdivision, commercial land
use development, or major roadway.
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.
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:
• 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;
• 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;
• 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.
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.
4.5 Cultural Resources:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Cause a substantial adverse change in the significance
of a historical resource as defined in §15064.5?
b. Cause a substantial adverse change in the significance of
an archaeological resource pursuant to §15064.5?
c. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred
outside of formal cemeteries?
Setting:
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Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls,
water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human-made
site, object (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in foothill
areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water.
Although this area is not located within one of these areas, there is still the chance that culture resources could be
located on site.
A record search for existing archeological sites and surveys on the project site, and within one mile, was conducted
through the Northeast Information Center of the California Historical Resources Information System in June 2013.
The search did not reveal the existence of any prehistoric or historic resources on the project site. However, two
prehistoric sites and one historic site have been recorded within one mile of the project site. One prehistoric site
included the presence of rockshelters with midden, flaked stone scatters, and bedrock mortars. The other prehistoric
site included the informally documented presence of prehistoric human remains, together with contact-period Native
American artifacts. The historic site consisted of stone foundations, possibly as part of a sheep shearing camp.
Impact Discussion:
a-d.) Less than significant impact with mitigations incorporated. Long-term use of the developed portion of
project site for agriculture and then the existing operations has resulted in ground-disturbing activities that
likely destroyed any cultural resources that may have been located on the surface. Future grading and other
soil disturbance activities resulting from the development of the remaining portions of the project site have
the potential to uncover historic or prehistoric cultural resources located below the surface. To prevent
impacts to the resources that may be uncovered during development activities on the project site,
Mitigation Measure #9, below, is recommended.
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 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.
4.6 Geologic Processes:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
2. Strong seismic ground shaking?
3. Seismic-related ground failure, including
liquefaction?
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Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
4. Landslides?
b. Result in substantial soil erosion or the loss of topsoil?
c. Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-
B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e. Have soils incapable of adequately supporting the use
of septic tanks or alternative waste water disposal
system where sewers are not available for the disposal
or waste water?
Settings
Geologic Hazards
Expansive Soils
Expansive soils possess a “shrink-swell” behavior. Shrink-swell is the cyclic change in volume (expansion and
contraction) that occurs in fine-grained clay sediments from the process of wetting and drying. Structural damage may
occur over a long period of time, usually the result of inadequate soil and foundation engineering or the placement of
structures directly on expansive soils. The Health and Safety Element of the Butte County General Plan identifies the
project site as having a “Low” and “Moderate” potential of expansive soils.
Soil Erosion
Erosion is the wearing away of soil and rock by processes such as wind and precipitation runoff. Soils containing high
amounts of silt or clay can be easily erodible, while sandy soils are less susceptible. Excessive soil erosion can
eventually lead to damage of building foundations and roadways. Typically, soil erosion potential is reduced once the
soil is graded and covered with gravel, concrete, structures, asphalt, or a vegetative cover. The Health and Safety
Element of the Butte County General Plan identifies the project site as having a “Slight” and “Moderate” potential for
soil erosion.
Landslides
A landslide is the sliding of a mass of loosened rock and/or soil down a hillside or slope. Some of the natural causes of
this instability are earthquakes, weak soils, erosion, heavy rainfall and fire. Human activities such as poor grading that
undercuts steep slopes or overloads them will fill; excessive irrigation and removal of vegetation can also contribute to
landslides. Most landslides in Butte County occur on slopes greater than 15 percent, and most new landslides occur in
areas that have experience previous landslides. The areas of highest landslide potential are in the mountainous central
area of the county where well-developed soils overlay impervious bedrock on steep slopes. The remaining areas of Butte
County has moderate to low landslide potential. The areas of lowest landslide potential are the flat lands of the
Sacramento Valley. The Health and Safety Element of the Butte County General Plan identifies the project site as
having low to no landslide potential.
Seismic Hazards
Surface Fault Rupture
Seismically induced ground rupture is defined as the physical displacement of surface deposits in response to movement
on the fault place. The magnitude, sense, and nature of fault rupture can vary for different faults or event along different
strands of the same fault. Ground rupture is considered more likely along active faults. The Cleveland Hills fault is the
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only fault located within Butte County that has been identified as an active fault pursuant to the Alquist-Priolo
Earthquake Fault Zones Act. This fault was responsible for the 1975 Oroville earthquake, which had a Richter
magnitude of 5.7 and produced surface displacement along approximately 2.2 miles of the fault. Other active and
potentially active faults are located in the region. However, because there are no known active faults underlying or
adjacent to the project site, the likelihood of surface fault rupture is very low and would not be a design consideration.
Ground Shaking
Ground shaking at the project site could occur due to earthquakes on the regions active faults. However, ground motions
attenuate with distance from the causative fault, as well as the local geologic and soil conditions. The Seismic Hazards
Mapping Program of the California Geological Survey categorizes all of Butte County as a “seismic hazard zone” since
the entire County is subject to earthquakes of Modified Mercalli Intensity scale VIII. The Oroville earthquake of 1975 is
the only earthquake of this intensity recorded in Butte County. This earthquake resulted in structural damage, partial
destruction of some buildings, fires and numerous injuries. Though, it is accepted that earthquakes of magnitude 6.0 or
6.5 are possible anywhere in Butte County, the county is generally considered to be an area of low seismic activity.
Liquefaction
Liquefaction is a phenomenon whereby unconsolidated and/or near saturated soils lose cohesion and are converted to a
fluid state as a result of sever vibratory motion. The relatively rapid loss of soil shear strength during strong earthquake
shaking results in the temporary fluid-like behavior of the soil. Soil liquefaction causes ground failure that can damage
roads, pipelines, underground cables, and building with shallow foundations. Liquefaction can occur in areas
characterized by water-saturated, cohesionless, granular materials at depths less than 50 feet. Due to the relatively low
potential for strong ground motions and a general lack of significant deposits of saturated loose soils, such as alluvium,
the liquefaction potential, if any, can be addressed in the design of future structures during the building permit review
process.
Seiches
A seiche is a periodic oscillation of a body of water such as a reservoir, river, lake, harbor, or bay resulting from seismic
shaking or other causes such as landslides into a body of water. The period of the oscillation varies depending on the
side of the body of water and may be several minutes to several hours. Depending on the magnitude of the oscillations,
seiches can cause considerable damage to dams, levees and shoreline facilities. Seiches have not been recorded in any of
the reservoirs in Butte County that are within the jurisdiction of the California Division of Dam Safety. However, the
potential for seiches does exist in Butte County, either from landslides or from stronger earthquakes that have been
experienced in historical times.
Impact Discussion:
a 1.) Less than significant impact. There are no known active faults underlying, or adjacent to, the project site.
The Cleveland Hill fault is located approximately 14 miles east of the project site. Because the nearest
active fault is located a considerable distance from the project site, the likelihood of a surface rupture at the
project site is very low, and would not be a design consideration.
a 2.) Less than significant impact. Ground shaking at the project site could occur due to the earthquake
potential of the regions active faults. However, known active faults are relatively distant from the project
site. As a result, ground shaking due to seismic events is expected to have low to moderate intensities at
the project site. Future development on the project site would be subject to the California Building Code
(CBC). The CBC would provide minimum standards to safeguard life or limb, health, property and public
welfare by regulating the controlling the design, construction, quality of materials, use and occupancy,
location, and maintenance of buildings and structures within Butte County, in addition to providing
building design criteria for earthquake conditions in Butte County. Adherence to the CBC during building
construction would ensure that potential impacts are less than significant.
a 3.) Less than significant impact. The project site is identified as being located within an area considered
‘Generally Moderate’ in respect to liquefaction potential. The California Building Code (CBC) regulates
the construction of structures, which may be constructed with approval of the proposed project. Adherence
to CBC standards at the time of development of the resultant parcels would ensure that any impacts from an
unstable geologic unit or soil are less than significant.
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a 4.) Less than significant impact. A field reconnaissance did not indicate the presence of landslides features
underlying, or adjacent to, the project site. However, shallow slope failures can occur in virtually any
sloping terrain. Avoidance of potentially sensitive slopes and/or implementation of appropriate engineering
and construction measures at the time of development would avoid or reduce potential impacts of
landslides to a less than significant level.
b.) Less than significant impact with mitigation incorporated. Surface soil erosion and loss of topsoil has the
potential to occur from disturbances associated with the construction-related activities. Construction
activities could also result in soil compaction and wind erosion effects that could adversely affect soils and
reduce the revegetation potential at the construction site and staging areas.
During construction-related activities, specific erosion control and surface water protection methods for
each construction activity would be implemented on the project site. The type and number of measures
implemented would be based upon location-specific attributes (i.e., slope, soil type, weather conditions).
These control and protection measures, or BMPs, are standard in the construction industry and are
commonly used to minimize soil erosion and water quality degradation.
Additionally, future construction activities may be subject to the National Pollutant Discharge Elimination
System (NPDES) General Construction Activities Storm Water permit program if one acre or more of land
is disturbed. 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. This program requires implementation
of erosion control measures during and immediately after construction that are designed to avoid significant
erosion during the construction period. In addition, the project operation would be subject to State Water
Resources Control Board requirements for the preparation and implementation of a Storm Water Pollution
Prevention Plan (SWPPP) to control pollution in stormwater runoff from the project site, including
excessive erosion and sedimentation. The SWPPP, if required, must be obtained prior to any soil
disturbance activities. Implementation of standard erosion control BMP’s during future construction-
related activities, together with adherence to State requirements regarding grading activities, would ensure
that potential erosion impacts are less than significant.
c.) Less than significant impact. Destabilization of natural or constructed slopes could occur as a result of
future construction activities. Excavations, grading, and fill operations associated with existing and
proposed berms, existing and proposed stockpiles and windrows, stormwater detention facilities, and the
access road to the project site could alter existing slope profiles making them unstable as a result of over-
excavation of slope material, steepening of the slope, or increased loading. Standard engineering design
features and construction procedures would be implemented to maintain stable slopes and excavations
during construction and operations, reducing impacts of unstable slopes to a less than significant level.
d.) Less than significant impact. Expansive soils can cause structural damage particularly when concrete
structures are in direct contact with the soils. Appropriate design features to address expansive soils may
include excavation of potentially problematic soils during construction and replacement with engineered
backfill, ground-treatment processes, direction of surface water and drainage away from foundation soils,
and the use of deep foundations such as piers or piles. Implementation of these standard engineering
methods would ensure that impacts associated with expansive soils would remain less than significant.
e.) Less than significant impact. Wastewater disposal on the project site would be handled by an individual, on-
site septic system. The applicant completed a pre-application review with Butte County Department of
Environmental Health. As part of the review, an initial septic location on the project site was evaluated and
determined to have adequate soil conditions to allow for the existing and proposed development. Development
requiring wastewater disposal is required to receive a septic permit from Butte County Environmental Health
Division to ensure that septic tank design criteria have been met.
Mitigation Measure #10:
Prior to the issuance of a grading permit, 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
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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.
4.7 Greenhouse Gas Emissions:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
b. Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
Setting:
The earth’s atmosphere naturally contains a number of gases, including (but not limited to) carbon dioxide (CO2),
methane (CH4), and nitrous oxide (N2O), which are collectively referred to as greenhouse gases (GHGs). GHG
emissions are generally numerically depicted (when applicable) as carbon dioxide equivalents (CO2e). CO2e represents
CO2 plus the additional warming potential from CH4 and N2O. The common unit of measurement for carbon dioxide
equivalents is in metric tons (MTCO2e).
These gases trap some amount of solar radiation and the earth’s own radiation, preventing it from passing through earth’s
atmosphere and into space. GHG are vital to life on earth; without them, earth would be an icy planet. For example,
CO2 is an element that is essential to the cycle of life. In general, CH4 and N2O have 21 and 310 times the warming
potential of CO2, respectively. Human-made emissions of GHG occur through the combustion of fuels, as well as a
variety of other sources.
Increasing GHG concentrations are believed to be warming the planet. As the average temperature of the earth increase,
weather may be affected, including changes in precipitation patterns, accumulation of snow pack, and intensity and
duration of spring snowmelt. Climate zones may change, affecting the ecology and biological resources of a region.
There may also be changes in fire hazards due to the changes in precipitation and climate zones.
While scientists have established a connection between increasing GHG concentrations and increasing average
temperatures, important scientific questions remain about how much warming would occur, how fast it would occur, and
how the warming would affect the rest of the climate system. At this point, scientific efforts are unable to quantify the
degree to which human activity impacts climate change. The phenomenon is worldwide, yet it is expected that there
would be substantial regional and local variability in climate changes. It is not possible with today’s science to
determine the effects of global climate change in a specific locale, or whether the effect of one aspect of climate change
may be counteracted by another aspect of climate change, or exacerbated by it.
A 2006 baseline GHG emission inventory was prepared for unincorporated Butte County. The inventory identified the
sources and the amount of GHG emissions produced in the county. Within Butte County, the leading contributors of
GHG emissions are agriculture (43%), transportation (29%), and residential energy (17%).
A Climate Action Plan (CAP) was adopted by Butte County on February 25, 2014. The CAP provides a framework for
the County to reduce GHG emissions while simplifying the review process for new development. Measures and actions
identified in the CAP lay the groundwork to achieve the adopted General Plan goals related to climate change, including
reducing GHG emissions to 1990 levels by 2020. In an effort to implement the measures of the CAP, a development
checklist was created to evaluate a new projects consistency with the CAP, and to identify which GHG emission
reduction measures would be implemented with project approval.
Impact Discussion:
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a.) Less than significant impact with mitigation incorporated. The proposed project would be a direct and
indirect source of greenhouse gas emission, in that it would generate and attract vehicle trips (mobile
source emissions) and it would increase area source emissions and energy consumption.
The proposed project includes several objectives that will help to off-set GHG emissions generated by the
proposed project. These objectives include supporting diversion of greenwaste from the solid waste stream
sent to the Neal Road Landfill, supporting a reduction in the amount of agricultural residue burned on
agricultural lands by providing agricultural operators a cost-effective means of disposing agricultural waste,
and processing of agricultural waste products into building materials and biofuels.
The applicant has also proposed various building and design standards that are intended to minimize GHG
emissions associated with the proposed project. These building and design standards made by the applicant
will become a Condition of Approval for the proposed project. Listed below are the standards being
implemented by the applicant as part of the proposed project:
• 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.
• Limit the maximum idling time for all construction equipment to three minutes or less.
• Achieve CALGreen Tier 1 standards for energy efficiency, water conservation, and passive design
for non-residential uses.
In addition the proposed building and design standards listed above, the BCAQMD requires standard
measures that would reduce GHG emissions. Mitigation Measure #4 from Section 4.3 (Air Quality)
includes the following BCAQMD standards:
• 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.)
• Improvement of thermal efficiency of structures as appropriate by reducing thermal load with
automated and timed temperature controls, or occupancy load limits.
• Incorporate shade trees, adequate in number and proportional to the project size, throughout the
project site to reduce building heating and cooling requirements.
• Use fleet vehicles that run on clean-burning fuels as may be practicable.
Implementation of Mitigation Measure #11, below, which incorporates the applicant’s building and
design standards, and Mitigation Measure #4, would reduce operational greenhouse gas emissions to the
extent feasible.
b.) No Impact. The Butte County General Plan and Butte County Climate Action Plan establish numerous
policies relative to greenhouse gases. The greenhouse gas emissions generated by the proposed project has
the potential to adversely affect the environment; however, approval of the project would also support the
reduction of GHG emissions. The proposed project includes several objectives that directly and indirectly
support agriculture operations, including reducing the amount of burned agricultural residue that typically
occurs in agricultural operations, and which is a major source of GHG emissions. As a result, the proposed
project is consistent with policies adopted for the purpose of reducing GHG emissions.
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:
• 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.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 33 of 55 ■
• Improve fuel efficiency from construction equipment by limiting idling time for all construction equipment
to three minutes or less.
4.8 Hazards and Hazardous Materials:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Create a significant hazard to the public or the
environmental through the routine transport use, or
disposal of hazardous materials?
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed schools?
d. Be located on a site which is included on a list of
hazardous materials sites complied pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e. For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
f. For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
g. Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
h. Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
Settings
Under Government Code Section 65962.5, the California Department of Toxic Substances Control (DTSC) maintains a
list of hazardous substance sites. This list, referred to as the “Cortese list”, includes CALSITE hazardous materials sites,
sites with leaking underground storage tanks, and landfills with evidence of groundwater contamination. A search of
state and federal agency databases for hazardous materials sites within one-mile of the project site was performed. Based
on the search, one active contamination site was identified at a property located at 766 Oroville-Chico Highway,
approximately ¾ miles southeast of the project site. The contaminated site is approximately 6.79 acres, and presently
used as a scrap metal recycling business. Previous environmental investigations indicate that hazardous substances
including arsenic, copper, lead, zinc and PCBs were detected in the surface soil and waste piles at the site. In some
cases, the concentration of these substances exceeded statutory and regulatory levels for hazardous wastes, creating a
potential threat to human and environmental health. The site is presently being monitored on a regular basis by the
Department of Toxic Substances Control (DTSC) to determine the full extent of contamination, and whether additional
remediation is required.
Airports
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 34 of 55 ■
Air transportation in Butte County is served by a number of private and public airfields and heliports serving general
aviation and agricultural users. There are four major aviation facilities in Butte County that serve the general public.
The Paradise Skypark Airport is the nearest general aviation airport to the project site. It is located approximately
7.0 miles northeast from the project site. The airport is privately owned and operated. Facilities include a 3,100
foot runway and parking spaces for approximately 50 aircraft.
Wildland Fire Conditions
The combination of highly flammable fuel, long dry summers and steep slopes creates a natural hazard of wildland fires
in many areas of Butte County. Wildland fires can result in death, injury, economic losses, and a large public investment
in firefighting efforts. Woodland and other natural vegetation can also be destroyed during wildfires, resulting in the loss
of timber, wildlife habitat, scenic quality, and recreation. Areas in the county that are particularly susceptible to wildland
fires largely contain dense vegetation and steep slopes, which aide in the spread of fire. These areas have been
designated as Fire Hazard Severity Zones by the State Department of Forestry and Fire Protection (Cal Fire), and
generally include the foothill and mountainous regions of Butte County.
Fire protection services for unincorporated Butte County are generally provided by the Butte County Fire Department
(BCFD) and the California Department of Forestry and Fire Protection (CalFire), with CalFire having fiscal
responsibility for preventing and suppressing wildfires. Due to the heightened risk of wildfires and the increased
potential for damage or loss in certain areas of the county, CalFire has designated these areas as State Responsibility
Areas (SRA). Development within SRAs must comply with special building requirements, and are also regulated by
Public Resources Code 4290 and 4291, which establish requirements for maintenance of defensible space and vegetation
management.
According to the Health and Safety Element of the Butte County General Plan, the project site is not located in a Fire
Hazard Severity Zone due to the project site consisting of level slopes and grassland. The project site is also not located
in the SRA area. However, because wood and composting stockpiles include the on-site storage of large quantities of
combustible materials in confined areas and are maintained at elevated temperatures to facilitate decomposition, there is
a risk of combustion.
Impact Discussion:
a.) Less than significant impact with mitigations incorporated. The project will require the use of petroleum
based products such as gasoline, diesel fuel, hydraulic fluid, solvents, oils, etc. that would be used to
maintain vehicles and motorized equipment during construction-related activities and project operations.
These products are classified as potentially hazardous, where the accidental release of such materials could
potentially cause impacts to surface and groundwater resource. All used oils would be recycled or disposed
of at a proper receiving facility. Deliveries of hazardous materials would be by approved shippers under
proper manifests. Hazardous materials or fuels could spill during transfer or fueling activities, as a result of
an accident or as a result of a leaking container. To reduce the potential impacts of these impacts to a less
than significant level, Mitigation Measure #12 is recommended.
Composting operations utilize fungi and bacteria that are a normal and integral part of the composting
process to bring about the everyday decay of leaves, wood, and other organic matter. An impoundment
basin is proposed for collection of all storm water runoff from the site. The runoff may contain leachate
from the composting process that can contain active pathogens and other contaminates. Composting
processes are regularly monitored by the Local Enforcement Agency (LEA). The regulations that must be
followed include criteria to manage the time and temperature of composting material to implement further
reduction of pathogens to reduce the pathogen concentrations to safe levels.
Exposure to disease and nuisance from vectors and vermin: Compost can potentially harbor vectors,
such as flies, mosquitoes and fleas that can transit pathogens to human hosts. Unlike composting facilities
that primarily process food waste, rodents and birds are not attracted to or associated with green materials
composting operations. These compostable materials are not “food” sources for these pests. Vector control
will normally be carried out as part of the operations plan, such as during the compost rotation process, and
during the screening and grinding process. These activities subject compost and windrow piles to
disturbances that will deter species from nesting and breeding within compost materials while reducing
odors that attract vector species to compost areas.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 35 of 55 ■
b.) Less than significant impact with mitigations incorporated. Project construction activities and project
operations are not expected to create a hazard to the public through accidental release of hazardous
materials. The use of materials considered hazardous would be limited to fuels, oils, and solvents, which
would be contained within approved storage containers or within the vehicles. Any potential impacts that
could occur as a result of the accidental release of materials would be further minimized and contained
through implementation of standard best management practices and measures identified in the NPDES
Permit and associate SWPPP.
c.) No impact. No existing or proposed schools have been identified within one-quarter mile of the project
site. The nearest schools are Durham Elementary, Durham Intermediate, and Durham High School, which
are located approximately 3.0 miles west from the project site.
d.) Less than significant impact. Soils at the active contaminated site have the potential to drift via wind into
the project site, potentially affecting soils, surface waters, employees, customers and residents on the
project site. Ground disturbances at the contaminated site are controlled by the DTSC to minimize the
spread of hazardous substances to adjacent lands. Continued monitoring and activity control at the
contaminated site would ensure that potential impacts to adjacent properties are less than significant.
e.) No impact. No public use airports have been identified to be located within the vicinity of the project site. The
proposed project is located outside the compatibility zones for the area airports, and therefore, would not result
in a safety hazard to people working and residing on the project site.
f.) No impact. No known private airstrips have been identified within two miles of the project site. As a
result, no safety hazards associated with airport operations are anticipated to affect people working or
residing within the project site.
g.) No impact. The proposed project does not include any actions that physically interfere with any emergency
response or emergency evacuation plans. The project would increase the amount of daily vehicle and truck
trips onto the area roadways; however, area roadways and intersections would continue to operate at an
acceptable level of service. In the event future construction activities require work to be performed in the
roadway, appropriate traffic control plans would be prepared in conjunction with a Butte County
Encroachment Permit.
h.) Less than significant impact. Composting operations will require green material to reach certain high
temperatures adequate for composting and there is the possibility that fire could result in the materials
being composted, if appropriate care is not taken. The applicant is proposing several fire control measures
to reduce the potential for fire at the facility to a less than significant level. These measures include:
• Construction of an on-site groundwater well for fire suppression;
• Providing fire hydrants adjacent to material handling areas;
• Maintaining a minimum 20 foot separation between composting windrows;
• Construction of earthen berms along the perimeter of the project site to minimize the spread of
wildfire to off-site areas;
• Maintaining a 50 feet setback between the material stockpiles and property lines;
• Temperature monitoring of composting stockpiles;
• On-site personnel available 24-hours a day.
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 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.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 36 of 55 ■
4.9 Hydrology and Water Quality:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Violate any water quality standards or waste discharge
requirements?
b. Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of preexisting nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
c. Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course
of a stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d. Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the course
of a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off-site?
e. Create or contribute runoff water which would exceed
the capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff?
f. Otherwise substantially degrade water quality?
g. Place housing within a 100-year flood hazard area as
mapped by Federal Flood Hazard Boundary, Flood
Insurance Rate Map, or other flood hazard delineation
map?
h. Place within a 100-year flood hazard area structures
which would impede or redirect flood flows?
i. Expose people or structures to a significant risk or loss,
injury, or death involving flooding, including flooding as
a result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow?
Setting:
Surface Waters
The project site is located near Hamlin Slough, which is located approximately 180 feet southeast of the project site.
Hamlin Slough is characterized as a small stream (Class IV). Further downstream along Hamlin Slough, the channel
becomes highly modified, intersecting with several irrigation canals, before draining into Butte Creek.
Groundwater
Department of Water Resources Bulletin 118 categorizes the project site to be located in the Sacramento Valley
Groundwater Basin, East Butte subbasin. The East Butte subbasin has a total surface area of 265,390 acres or 415 square
miles. Groundwater quality in the East Butte subbasin is characterized as being predominately calcium-magnesium
bicarbonate and magnesium-calcium bicarbonate waters with localized high concentrations of manganese, iron,
magnesium, total dissolved solids, conductivity, ASAR, and calcium.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 37 of 55 ■
Flooding
Flooding events can result in damage to structures, injury or loss of human and animal life, exposure of waterborne
diseases, and damage to infrastructure. In addition, standing floodwater can destroy agricultural crops, undermine
infrastructure and structural foundations, and contaminate groundwater. The Federal Emergency Management Agency
(FEMA) is responsible for mapping areas subject to flooding during a 100-year flood event (i.e., 1 percent chance of
occurring in a given year). According to floodplain mapping of the project area, the project site is located within the X
zone. The X zone is defined by FEMA as areas of minimal flood hazard from the principal source of flood in the area
and determined to be outside of the 0.2 percent annual chance floodplain.
Inundation Zone
Dam failure is generally a result of structural instability caused by improper design or construction, instability resulting
from seismic shaking, or overtopping and erosion of the dam. Larger dams that are higher than 25 feet or with storage
capacities over 50 acre-feet of water are regulated by the California Dam Safety Act, which is implemented by the
California Department of Water Resources, Division of Safety of Dams (DSD). The project site is not located in an area
identified as an inundation zone by the DSD.
Impact Discussion:
a.) Less than significant impact with mitigation incorporated. Wastewater disposal for the proposed project
would be provided by private, on- site septic systems. The Butte County Environmental Health Division has
performed a preliminary review of the proposed project, and has indicated that the future placement of an
on-site septic system for the project site would be possible. Prior to the completion of Phase 1 construction
activities, the applicant will obtain a septic permit for the existing and proposed development on the project
site, and complete said permit to the satisfaction of the Butte County Environmental Health Division to
ensure compliance with wastewater disposal standards.
Construction activities associated with the proposed project also have the potential to temporarily increase
the sediment load of stormwater runoff from construction areas (i.e., disturbing soil at work area, the
staging area, access road, etc.) that could alter and degrade the aquatic habitat in nearby surface water
channels. In addition, if construction equipment or workers inadvertently release pollutants such as
hydraulic fluid or petroleum to the surface water, these materials could be entrained by stormwater and
discharged into surface water features causing water quality degradation.
During construction-related activities, specific erosion control and surface water protection methods for
each construction activity would be implemented on the project site. The type and number of measures
implemented would be based upon location-specific attributes (i.e., slope, soil type, weather conditions).
These control and protection measures, or BMPs, are standard in the construction industry and are
commonly used to minimize soil erosion and water quality degradation. Additionally, future construction
activities would be subject to the National Pollutant Discharge Elimination System (NPDES) General
Construction Activities Storm Water permit program because one acre or more of land is being disturbed.
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 requires a permit. Project operations that are under a NPDES permit
would also be subject to State Water Resources Control Board requirements for the preparation and
implementation of a Storm Water Pollution Prevention Plan (SWPPP) to control pollution in stormwater
runoff from the project site. Adherence to Mitigation Measure #10 would ensure that no significant water
quality or waste discharge impacts occur.
b.) Less than significant impact. Domestic water services to the project site would be provided by a private,
groundwater well. Well production has been determined to be sufficient for the anticipated uses of the
project site by the Butte County Environmental Health Division. New development requiring a domestic
water supply would increase groundwater extraction; however, sufficient groundwater resources are
available in the project area to serve the proposed uses at the site.
The proposed project has the potential to result in a net increase in impervious surfaces on the project site
from the grading of topsoil and placement of new structures. Proposed structures would result in only a
minor increase in impervious surfaces from the construction of concrete foundations and access road
surfacing. Thus, the proposed project would not cause a measureable reduction in surface infiltration or a
decrease in deep percolation to the underlying aquifers.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 38 of 55 ■
c.) Less than significant impact. Ground disturbance during construction activities associated with the build-
out of the project may alter existing drainage pathways so as to make surface soils more susceptible to
erosive forces (i.e., overland flow) and/or generate enough increased runoff through removal/clearing of
existing vegetation to increase surface erosion. As discussed in section a.), above, implementation of
erosion control measures or BMPs during construction activities would minimize soil erosion and water
quality degradation.
d.) Less than significant impact. Construction activities associated with build-out of the project site would
not alter drainage patterns such that they would cause on- or off-site flooding. Vegetation removal and soil
disturbance would occur during grading activities, resulting in the potential for increased stormwater
runoff. However, construction of proposed storm water detention facilities, together with implementation
of BMPs, would minimize the potential for surface runoff and reduce the potential for flooding.
As mention above, there would be only a minor increase in impervious surface area from build-out of the
proposed project. Any alterations to existing drainage patterns will be addressed as part of the required
Grading Permit. Some increase in stormwater runoff may be expected due to the reduced absorption rate
created from new impervious surfaces on the site, such as structures, driveways, and hardscape. However,
any potential impacts would be less than significant.
e.) Less than significant impact. The proposed project is anticipated to generate a minor increase in runoff
from the development of planned structures, access roads, and the grading of land. The project includes the
construction of storm water retention/detention basins designed to contain the entire runoff from a 24-hour,
25-year storm event.
f.) Less than significant impact with mitigations incorporated. As previously indicated, construction activity
would expose soils to erosion and could result in the transportation of sediment into local drainages.
Additionally, if fuel is accidentally spilled during re-fueling of heavy equipment during construction or
operation of the facility water quality could be degraded. These impacts would be mitigated by
implementing the BMPs that will be included in the SWPPP, as well as the Hazardous Materials Business
Plan prepared for the project.
g.) No impact. The project site lies outside the 100-year flood hazard zone as defined by the Federal
Emergency Management Agency (FEMA) and no structures would be placed within a 100-year flood
hazard area.
h.) No impact. See discussion 4.19(g) – Hydrology and Water Quality. The project site is not susceptible to
flooding at a magnitude that would be expected to result in loss, injury or death.
i.) No impact. No reservoirs or dams exist within the project area that, if catastrophic failure occurs, would
affect the project site. There are no levees which that would create flooding impacts to the project site.
j.) No impact. Although located within a seismically-active region, the project site is not located in an area
that would be impacted by a seiche, tsunami, or mudflows.
Mitigation Measure: None required.
4.10 Land Use:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Physically divide an established community?
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 39 of 55 ■
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
b. Conflict with an applicable land use plan, policy, or
regulations of an agency with jurisdiction over the
project (including, but not limited to, the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c. Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Setting:
Butte County General Plan
The General Plan represents the basic community values, ideals and aspirations with respect to land use,
development, transportation, public services, and conservation policy that will govern Butte County through 2030.
The land use element of the general plan designates the land use of areas within the county, and includes a
description of the characteristics and intensity of each land use category. The land use designation for the project
site is Agriculture.
Agriculture
This designation allows the cultivation, harvest, storage, processing, sale, and distribution of all plant crops,
especially annual food crops, as well as roadside stands for the sale of agricultural products grown or processed on
the property. The agriculture designation also allows livestock grazing, animal husbandry, intense animal uses, and
animal matter processing. Alternative energy facilities are allowed in the Agriculture designation, subject to permit
requirements. Residential uses in the Agriculture land use designation are limited to one single-family dwelling and
a second dwelling unit per legal parcel. Farm labor housing is also permitted. The minimum parcel size is between
20 to 320 acres, although existing parcels smaller than the minimum may remain as legal parcels.
Durham-Dayton-Nelson Plan
The project site is located within the Durham-Dayton-Nelson Plan Area (D2N Plan) and is subject to the policies
contained therein. The D2N Plan was adopted in 1992 and is part of the Butte County General Plan 2030. It covers
the unincorporated communities of Durham, Dayton and Nelson in west-central Butte County. The Plan establishes
land use policies for this area and designates specific areas as an urban reserve.
Butte County Zoning Ordinance
The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of
the land and structures within the County. The zoning designations of the project site and their intended use are as
follows:
Agriculture (AG)
The purpose of the AG zone is to support, protect, and maintain a viable, long-term agricultural sector in Butte
County. Standard for the AG zone maintain the vitality of the agricultural sector by retaining parcels sizes necessary
to sustain viable agricultural operations, protection agricultural practices and activities by minimizing land-use
conflicts, and protection agricultural resources by regulating land uses and development intensities in agricultural
areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More
intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry and logging, and
mining and oil extraction, are permitt4ed with the approval of a Conditional Use Permit. One single-family home
and one second unit is permitted on each legally-established parcel within the AG zone, and residential uses for
agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size
in the AG zone ranges from 20 acres to 160 acres.
Impact Discussion:
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 40 of 55 ■
a.) No impact. The project site is located in a rural area of Butte County that is primarily used for agricultural
purposes, as well as low-density rural residences. Impacts from the project would be confined to the
project site, and would not result in disrupting or dividing the physical arrangement of an established
community.
b.) No impact. The project site is zoned Agriculture by the County Zoning Ordinance. The facility is a
conditionally allowed use pursuant to the County use permit. The proposed project does not include an
amendment to the existing land use designation, or a change to the existing land use occurring on the
project site. As such, implementation of the proposed project would not result in a conflict with any
applicable zoning ordinances.
c.) No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan
(HCP)/National Community Conservation Plan (NCCP) that is currently being prepared for the western
half of the Butte County, and is scheduled to be completed in 2014. The project site is located within the
proposed plan area of the BRCP. However, as the plan has not been adopted, the proposed project will not
conflict, nor interfere with, the attainment of the goals of the proposed plan.
Mitigation Measure: None required.
4.11 Mineral Resources:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b. Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
Impact Discussion:
a.) Less than significant impact. There are no known economically viable sources of rock materials in the
immediate vicinity of the project site. No mining operations have occurred on the project site or surrounding
area and the project would not preclude future extraction of available mineral resources. Mineral resource
extraction is not proposed with this project. However, build-out of the project would use mineral resources in
the construction of the building foundations and access roads. The amount of resources used for this type of
development is relatively minor and would not result in the loss of its availability.
b.) No impact. The project site is not located in an area currently used for, or known to have, locally-important
mineral resources.
Mitigation Measure: None required.
4.12 Noise:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
b. Exposure of persons to or generation of excessive
ground borne vibration or ground borne noise levels?
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 41 of 55 ■
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
c. A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d. A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e. For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f. For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
Setting:
The project site is located in a rural valley region of the county and includes a single-family residence situated
approximately 1,090 feet northwest of the project site, a single-family residence situated approximately 2,092 feet
west of the project site, and a single-family residence situated 2,536 feet southeast of the project site. The Health
and Safety Element of the Butte County General Plan identifies single-family residential uses as a sensitive land use
where unwanted sounds could adversely affect the primary intended use of the land. The Butte County General Plan
establishes a maximum exterior noise level for residential land uses at the 60 Ldn/CNEL decibel level as being an
acceptable noise environment requiring no special noise insulation or noise abatement features. For an interior noise
level standard, the maximum decibel level is 45 Ldn/CNEL.
The Butte County Noise Control Ordinance provides the county with a means of assessing complaints of alleged
noise violations and to address noise level violations. The ordinance sets forth exterior and interior noise level
standards that are applicable to sensitive areas within Butte County, including residential uses. Among the noise
generating activates subject to the noise ordinance are noise sources associated with construction. Though
construction-related noises are subject to the noise standards of the county, these activities would be exempt if
operations occur between 7:00 a.m. to sunset on any day except Saturday, Sunday, or a holiday, or between the
hours of 9:00 a.m. and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly
functioning sound suppression equipment.
Impact Discussion:
a.) Less than significant impact with mitigations incorporated. Noise levels contributed by the proposed
project would include construction noise during build-out of the project and during project operations.
Construction noises associated with the project would primarily be from the use of heavy equipment. Typical
noises contributed by project operations would be from heavy equipment, heavy truck traffic, generators,
automobiles, power tools, and landscaping equipment. Construction and operation noises could be
perceptible to surrounding residences and other sensitive uses, but are not anticipated to result in generation
of noises in excess of noise standards established in the Butte County General Plan due to the nearest
residence being located over 1,000 feet away from the project site. However, if noises occur during evening
hours, when ambient noise levels are lower, noises perceptible from residences could be a potentially
significant impact. The mitigation measures described below would reduce potential noise impacts to a less
than significant level.
b.) Less than significant impact with mitigations incorporated. The use of blasting and/or pile drivers during
construction activities and project operations would not be included as part of the proposed project. The
proposed project would involve temporary sources of groundborne vibration and groundborne noise during
construction and project operations from the operation of heavy equipment. Operation of heavy equipment
would generate localized groundborne vibration and groundborne noise that would not be perceptible at
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 42 of 55 ■
residences or other sensitive uses in the immediate vicinity of the project site. Additionally, with
implementation of the mitigation measures listed below, operations would occur during less sensitive daytime
hours (i.e., between 7:00 a.m. and 7:00 p.m.), making the impact from groundborne vibration and
groundborne noise be less than significant.
c.) Less than significant impact with mitigations incorporated. The primary contributors to the existing noise
environment surrounding the project site include sounds emanating from residential and agricultural uses,
vehicle traffic along area roadways, and from naturally occurring noise sources such as wind and rushing
waters. The only permanent noise sources that would be introduced to the existing noise environment by the
proposed project would be noises contributed by the project operations including from heavy equipment,
heavy truck traffic, generators, automobiles, power tools, and landscaping equipment. It’s anticipated that
these introduced sources of noise would likely result in the ambient noise levels within the project site and
surrounding area to increase. However, due to the low ambient noises presently in the surrounding
environment, and the low density of the proposed parcels and surrounding area, as well as the implementation
of the mitigation measures below, the anticipated increase in ambient noise levels occur would not be
substantial.
d.) Less than significant impact. The only temporary or periodic noise sources that would be introduced to the
existing noise environment by the proposed project would be noises associated with construction activities.
Construction activities would require a variety of equipment. During the construction period, noise levels
generated by project construction would vary depending on the particular type, number, and duration of use
of the various types of construction equipment. Though noises generated by heavy equipment may generate
noise levels in excess of exterior noise standards identified in the General Plan, given that construction
activities would occur during less sensitive daytime hours, temporary noise impacts are not considered
significant.
e.) No impact. No public use airports have been identified to be located within two miles of the project site. The
proposed project is located outside the compatibility zones for the area airports, and therefore, would not result in
noise impacts to people on the project site.
f.) No impact. No known private airstrips have been identified within the vicinity of the project site. As a
result, no noise impacts associated with the airport operations are anticipated to affect people working or
residing within the project site.
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.
4.13 Population and Housing:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 43 of 55 ■
Setting:
The population for Butte County was estimated to be 220,024 in 2010 and 203,446 in 2000, resulting in a total
population growth of 16,578 during this 10-year period (US Census). The annual average population growth rate in
the county during this period was 0.79 percent. Total housing units in Butte County was approximately 95,835 in
2010, with approximately 8.6 percent of these housing units considered vacant.
Impact Discussion:
a.) Less than significant impact. The proposed project would not result in the extension of infrastructure
facilities that would enable new land use development. Implementation of the proposed project would require
the installation of infrastructure and utilities that would be sized to meet the needs of only the project site, and
would not be able to accommodate the needs of any other planned or unplanned development.
Construction activities associated with the project would not result in any direct or indirect growth-inducing
impacts to the county because construction activities would be temporary, and construction workers would
likely be drawn from the local work force. Project operations will result in the employment of approximately
20 people. Employees drawn to the area could be readily absorbed into the region with the sufficient
availability of housing and would not generate demand for new residential development. Therefore, the
project would not directly or indirectly induce population growth to the area.
b.) No impact. See discussion 4.13(a) – Population and Housing.
c.) No impact. See discussion 4.13(a) – Population and Housing.
Mitigation Measure: None required.
4.14 Public Services:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Would the project result in substantial adverse
physical impacts associated with the provision of
or need for new or physically altered
governmental facilities, the construction of which
could cause significant environmental impacts, in
order to maintain acceptable service ratios,
response times, or other performance objectives
for any of the public services:
1. Fire protection?
2. Police Protection?
3. Schools?
4. Parks?
5. Other public services?
Impact Discussion:
a.) Less than significant impact. The proposed project would not involve any type of use that would cause an
increased demand on public services, with the potential exception of fire services, which may be required
due to the increased risk of fire from the associated composting facilities. A project’s increased demand for
public services such as, schools, parks and police are typically associated with an increase in residential
development and/or a population increase. However, since no residential development is proposed, and the
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 44 of 55 ■
population increase associated with this project is anticipated to be minor, no impacts to schools, parks or
police services are anticipated. The project could potentially increase demand of fire services from a
potential increase in fire-related calls to the project site. The project applicant has incorporated fire
minimization measures into the project design including, establishing 20 foot wide separations between
composting windrows, frequent monitoring of internal temperatures of compost stockpiles, a 24-hour site
attendant, and providing fire hydrants throughout the project site. The fire minimization measures
implemented into the project design by the project applicant, together with fire reduction measures
implemented through permit conditions of approval, would reduce the demand on fire services to a less
than significant level.
Mitigation Measure: None required.
4.15 Recreation:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Increase the use of existing neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the facility
would occur or be accelerated?
b. Include recreational facilities or require the
construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
Setting
The project site is located in the Durham Recreation and Park District (DRPD). The DRPD covers an area of
approximately 182 square miles and includes the unincorporated communities of Durham, Nelson, Butte Valley, and
Dayton, as well as surrounding unincorporated rural areas. The District maintains 34 acres of developed parkland and
provides a variety of recreational programming and related services including swim center, various parks, and a
memorial hall to serve an estimated 2010 population of 6,566. Development impact fees for residential development are
collected to address new demand for recreational facilities. The nearest recreational facilities to the project site is the
Durham Community Park, which is located approximately 1.5 miles west on Durham-Dayton Highway from the
intersection of Oroville-Chico Highway. The Durham Community Park is the largest facility owned and operated by the
District, and includes picnic and barbeque areas, playgrounds, two basketball courts, horse arena, and recreational
buildings.
Impact Discussion:
a.) No impact. Increase in the demand for recreational facilities is typically associated with substantial increases in
population. As discussed in Section 4.13 - Population and Housing, the proposed project may generate growth
in the local population from the creation of new employment opportunities; however, any population growth
would be minor and the existing housing supply is adequate to absorb this population growth. Because no
residential development is proposed, and population growth in the project area would be minor, the project
would not result in an increase in demand for recreational facilities or adversely affect Butte County
park/population standards.
b.) No impact. The proposed project does not include plans for additional recreational facilities nor would it
require expansion of existing recreational facilities. Therefore, the proposed project would not result in any
adverse physical effects on the environment from construction or expansion of recreational facilities.
Mitigation Measure: None required.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 45 of 55 ■
4.16 Transportation/Traffic:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the
performance of the circulation system, taking into
account all modes of transportation including mass
transit and non-motorized travel and relevant
components of the circulation system, including but
not limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and mass
transit?
b. Conflict with an applicable congestion management
program, including, but not limited to level of
service standards and travel demand measures, or
other standards established by the county congestion
management agency for designated roads or
highways?
c. Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d. Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e. Result in inadequate emergency access?
f. Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian
facilities, or otherwise decrease the performance or
safety of such facilities
Setting:
Roadway Network
Regional and local access to the project site is provided by State Highway 99 (State), Durham-Dayton Highway
(County Road), and Oroville-Chico Highway (County Road).
State Highway 99 (SR99) is a primary north-south route through Butte County. SR99 from its junction with SR149
north through Chico is designated as part of the National Highway System. From the Butte/Sutter County line,
SR99 is a 5 lane facility through most of Gridley. After Gridley, SR99 is a rural 2 lane conventional highway up to
its junction with SR149. From SR149, the route is a 4 lane facility through Chico until just past the Eaton Road
Interchange, south of Garner Road. North of Garner, SR99 is a rural 2 lane conventional highway. Latest traffic
volumes for SR99 at Durham-Pentz Highway are 24,600 annual average daily traffic (AADT) southbound and
26,000 AADT northbound (Caltrans, 2013).
Durham-Dayton Highway is a major, two-lane, rural collector roadway, maintained by the Butte County Public
Works Department. Rural collector roads serve travel that is primarily intra-county rather than of regional or
statewide importance. Durham-Dayton Highway is used primarily as access between State Route 99 and the
community of Durham. The latest traffic volume counts near the project site indicate that the average daily traffic
(ADT) is 2,494 vehicles trips per day, with 18.7 percent of total trips consisting of trucks (Public Works, 2013).
Oroville-Chico Highway is classified as a rural local road, maintained by the Butte County Public Works
Department. Oro-Chico Road provides travel between Durham-Dayton Highway and Midway. The most recent
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 46 of 55 ■
traffic volume counts for this roadway occurred near Midway, which indicated that average daily traffic (ADT) is
300 vehicle trips per day, with 13 percent of total trips consisting of trucks (Public Works, 2013).
Public Transit
The Butte Regional Transit (B-Line) provides fixed-route bus and paratransit services to Chico, Oroville, Gridley,
Biggs, and the unincorporated county. The B-Line intercity buses connect Chico, Oroville, Paradise, Gridley and
Biggs, as well as the two Tribal Rancherias and casinos. Additional services that are open to the general public
include Glenn Ride, which provides transportation from Chico to Glenn County, Plumas Transit, which provides
weekly service between Chico and Quincy, and Greyhound and Amtrak bus lines that provide scheduled service to
the Butte County area (Butte County Circulation Element, 2010). Regional routes for the B-Line commonly utilize
State Route 99. However, Durham-Dayton Highway is utilized only twice a day with a route connecting Gridley to
Durham to Chico. The nearest designated bus stop to the project site is Tri Counties Bank, located in Durham (B-
Line, 2013).
Bicycle and Pedestrian Transportation
Bicycle facilities include bike paths (Class I), bike lanes (Class II), and bike routes (Class III). Bike paths are paved
trails that are separated from the roadway. Bike lanes are lanes on roadways that are designated for use by bicycles
by striping, pavement legends, and signs. Bike routes are roadways that are designated for bicycle use with signs or
pavement legends, but do not have additional width for bicycle lanes.
Pedestrian facilities include sidewalks, crosswalks, pedestrian signals, and paved shoulders adjacent to rural roads.
Within the vicinity of the project site area, there are no designated pedestrian facilities, including paved shoulders of
sufficient width that would be affected by the proposed project.
Oroville-Chico Highway from Midway to Durham-Dayton Highway is designated as a Class II Bike Lane. No
existing bike lane facilities are located along Oroville-Chico Highway.
Airport
Air transportation in Butte County is served by a number of private and public airfields and heliports serving general
aviation and agricultural users. There are four major aviation facilities in Butte County that serve the general public.
The Paradise Skypark Airport is the nearest general aviation airport to the project site. It is located approximately
7.1 miles northeast from the project site. The airport is privately owned and operated. Facilities include a 3,100
foot runway and parking spaces for approximately 50 aircraft.
Rail Service
The Union Pacific Railroad line runs the entire length of the states of California, Oregon and Washington, and
includes numerous other western states. The nearest railroad segment to the project site is located approximately 3.0
miles east, located along Midway.
Impact Discussion:
a) Less than significant impact. The proposed project is anticipated to generate 60 to 100 on-road vehicle trips
each day from the general public accessing the site to dispose of greenwaste. Truck trips generated by North
Area Recovery Station would generate approximately 20 to 30 truck trips each day, with an additional 600
truck trips generated each year from both the firewood processing operations and orchard wood processing
operations. Additional on-road vehicle trips would also be generated by employees accessing the site.
Because traffic levels along Oroville-Chico Highway occur at low levels due to having no significant traffic
generating uses along the road, the proposed project would not cause an increase in traffic on roadways or
intersections that would cause traffic operations to degrade to an unacceptable level of service.
Construction activities associated with the development of the project site has the potential to generate short-
term changes to traffic volumes on the area road network. Daily vehicle trips would be generated with the
arrival and departure of construction workers. Heavy truck trips would be required for hauling equipment
and materials to and from the construction site. Any future construction activities associated with the
proposed project would be small-scale and of short-duration. As a result, the proposed project would not
cause long-term degradation in, or create substantial impacts to, the operating conditions or level of service
on any of the roadways in the project area.
b) Less than significant impact. See discussion 4.16(a) - Transportation/Traffic.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 47 of 55 ■
c.) No impact. No public use airports have been identified to be located within the vicinity of the project site. The
proposed project is located outside the compatibility zones for the area airports, and therefore, would not result in
a change in air traffic patterns, including increase air traffic levels or safety hazards.
d.) No impact. The proposed project would not change the configuration (alignment) of area roadways, and would
not introduce types of vehicles that are not already traveling on area roads. Construction of the proposed
driveway to access the project site would require encroachment improvements to the frontage road, which would
ensure that proposed improvements are designed to County standards, and that potential safety and compatibility
issues with the driveway are addressed.
Access within the project site would be provided by 30-foot wide, all-weather roads. These roads would be
designed for a relatively level surface, and to accommodate heavy and light vehicles traveling at low rates of
speed. Additionally, the project applicant is proposing to have separate access roads for the general public,
accessing the public greenwaste disposal area, and for the commercial truck traffic, accessing the NARS chipping
and grinding area. Therefore, no hazards from design features of the road, or any incompatibility issues, are
anticipated.
e.) No impact. Proposed driveway and internal road improvements would be designed and maintained to
accommodate emergency vehicles.
f.) Less than significant impact. The proposed project would only generate minimal long-term demand for
alternative transportation facilities due to the limited population growth to the project area. Construction
activities associated with driveway development may generate short-term disruption to area roadways from
an anticipated increase in traffic levels and construction activities along the road. However, construction
activities associated with the proposed project would be temporary, and in compliance with a Butte County
Encroachment Permit, which would require traffic control implementation, if needed.
Mitigation Measure: None required.
4.17 Utilities and Service Systems:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b. Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c. Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d. Have sufficient water supplies available to serve
the project from existing entitlements and
resources, or are new or expanded entitlements
needed?
e. Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
f. Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
disposal needs?
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 48 of 55 ■
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
g. Comply with federal, state, and local statutes, and
regulations related to solid waste?
Setting:
Sanitary Sewer
Individual properties in the project area are serviced by on-site sewage disposal systems under permits issued by the
Butte County Environmental Health Division. The division follows a set of waste water disposal standards that apply to
all new construction, relocated buildings, and trailers, as well as to all alterations, repairs, or reconstruction within the
unincorporated area of the county.
Water
The proposed project lies within the unincorporated area of Butte County and is not served by any water district. The
surrounding area is serviced by personal groundwater wells under permits issued by the Butte County Environmental
Health Division. The nearest public water treatment system is located in the Community of Durham, located
approximately 3.0 miles west of the project site.
Impact Discussion:
a.) No impact. Wastewater disposal for the proposed project would be provided by private, on-site septic systems.
The Butte County Environmental Health Division has performed a preliminary review of the proposed
project, and has indicated that future placement of an on-site septic system for the proposed parcel would
be possible. During Phase 1 of construction activities, the applicant will obtain an on-site sewage disposal
permit, and commence construction in compliance with wastewater disposal standards. No wastewater
treatment requirements by the California Regional Water Quality Control Board would be applicable.
b.) No impact. See discussion 4.17(a) – Utilities and Service Systems.
c.) Less than significant impact. The project site is improved with a series on-site storm water detention
facilities, created from the construction of berms throughout the site, which have obstructed and re-directed
storm water runoff into various areas throughout the site. The capacity and construction of these existing
facilities have not been reviewed to determine compliance with current County standards. The proposed
project will include new privately owned and maintained storm water detention basins on site. Proposed
storm water detention basins will be design to accommodate storms of varying intensity, as required
County standards. The majority of stormwater will be retained on-site, and any overflow will be directed
into existing roadside drainage swales, maintained by the County.
Development of the proposed driveway improvements would require installation of an off-site driveway
culvert along the existing roadside drainage swale. Installation of a driveway culvert would be made in
accordance with a Butte County Encroachment Permit. Due to minimal disturbances associated with
installation of a single driveway culvert, along with adherence to County improvement standards and the
issued encroachment permit, installation of future storm water drainage facilities would not cause
significant adverse effects on the environment.
d.) Less than significant impact. Domestic water services to the project site would be provided by a private,
groundwater well. Groundwater resources have been determined to be sufficient to accommodate the
proposed uses. No new or expanded entitlements would be required.
e.) No impact. See discussion 4.17(a) – Utilities and Service Systems.
f.) Less than significant impact. The proposed project would assist the County in diverting greenwaste from
the Neal Road Landfill. A minor amount of solid waste is anticipated to be generated from project
operations, and from solid waste recovered from incoming greenwaste. The minor amount of solid waste
generated from the project would not cause the facility to exceed the capacity of the Neal Road Landfill.
g.) No impact. See discussion 4.17(f) – Utilities and Service Systems.
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 49 of 55 ■
Mitigation Measure: None required.
4.18 Mandatory Findings of Significance:
Would the proposal: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Reviewed
Under
Previous
Document
a. Have the potential to substantially degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b. Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects and the effects of probable future
projects)?
c. Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Impact Discussion:
a.) Less than significant impact with mitigation incorporated. With the implementation of mitigation measures
included in this Initial Study, the proposed project would not degrade the quality of the environment; result in
an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic
cultural resources. Prehistoric or historic cultural resources would not be adversely affected because no
archeological or historic resources are known to exist in the project area and project implementation includes
following appropriate procedures for avoiding or preserving artifacts or human remains should they be
uncovered during project excavation.
b.) Less than significant impact with mitigation incorporated. This project has the potential to contribute
impacts that are individually limited, but cumulatively considerable with respect to Air Quality. Cumulative
impacts to these areas would be mitigated due to the inclusion of Mitigation Measures #1 through #4, as
itemized under Section 5 – Mitigation Measures and Monitoring Requirements. Past, current, and probable
future projects in the vicinity of the project site were reviewed to determine if any additional cumulative
impacts may occur with the approval of this project. A two mile radius was used in determining cumulative
impacts. No additional cumulative impacts were discovered.
c.) Less than significant impact with mitigation incorporated. There have been no impacts discovered through
the review of this application demonstrating that there would be substantial adverse effects on human beings
either directly or indirectly. However, the proposed project has the potential to cause both temporary and
future impacts to the area by project-related impacts relating to air quality, biological resources, cultural
resources, geologic hazards, hydrology and water quality, noise, and hazardous materials. With
implementation of mitigation measures included in this Initial Study, these impacts would be effectively
mitigated to a less than significant level.
5.0 Mitigation Measures and Monitoring Requirements
Mitigation Measure #1:
Project Name: UP14-0002 (Old Durham Wood, Inc.)
■ Butte County Department of Development Services ■
■ UP14-0002 (Old Durham Wood, Inc.) ■
■ Page 50 of 55 ■
The applicant shall implement the following specific mitigation measures to ensure adequate dust control:
• 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.
• Haul vehicles transporting soil into or out of the property shall be covered.
• 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.
• 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.
• 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.
• Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent
dust generation.
• 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.
• Construction workers shall park in designated parking area(s) to help reduce dust emissions.
• Other measures that may be required as determined appropriate by the BCAQMD or Department of Public
Works in order to control dust.
• 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).
Mitigation Measure #2:
The applicant shall implement the following mitigation measures to mitigate combustion emissions from heavy-duty
construction equipment.
• Maintain all off-road equipment in proper tune and regularly serviced according to manufacturer’s
specification.
• 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.
• Electrify equipment where feasible.
• Substitute gasoline-powered for diesel-powered, where feasible.
• Use alternative fueled construction equipment on site where feasible, such as compressed natural gas (CNG),
liquefied natural gas (LNG), propane, or biodiesel.
• Use equipment that has Caterpillar pre-chamber diesel engines.
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. Specifically, the following
practices will help minimize the generation and dispersal of dust and fungus spores during composting operations
and thus limit exposure:
• Refrain from turning, screening, or loading activities on windy days;
• Use water spray or mists during grading, screening, and pile turning activities;
• Maintain proper moisture levels in active composting piles;
• Maintain good housekeeping practices, including site cleanliness;
• Provide employee training and the use of personal protective equipment.
Mitigation Measure #4:
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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:
• 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.)
• Improvement of thermal efficiency of structures as appropriate by reducing thermal load with automated
and timed temperature controls, or occupancy load limits.
• Incorporate shade trees, adequate in number and proportional to the project size, throughout the project site
to reduce building heating and cooling requirements.
• Use fleet vehicles that run on clean-burning fuels as may be practicable.
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.). 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:
• An odor monitoring protocol which describes the proximity of possible odor receptors and a method for
assessing odor impacts at the location of possible odor receptors.
• A description of meteorological conditions effecting migration of odors and/or transport of odor-causing
material off-site. Seasonal variations that effect wind velocity and direction shall also be described.
• 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.
• 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.
• A description of operating procedures for minimizing odor, including aeration moisture management,
feedstock quality, drainage controls, pad maintenance, wastewater pond controls, storage practices (e.g.,
storage time and pile geometry), contingency plans (i.e. equipment, water, power, and personnel),
biofiltration, and tarping.
• The odor impact minimization plan shall be revised to reflect any changes to operating or program
conditions, and a copy shall be provided to the LEA within 30 days of those changes.
• The odor impact minimization plan shall be reviewed annually by the operator to determine if any revisions
are necessary.
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.
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 per5form preconstruction surveys for nesting raptors in the project site. At least two surveys shall be
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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:
• 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;
• 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;
• 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.
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.
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 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.
Mitigation Measure #10:
Prior to the issuance of a grading permit, 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.
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:
• 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.
• Improve fuel efficiency from construction equipment by limiting idling time for all construction equipment
to three minutes or less.
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
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establish management practices for handling, storing, and disposal of hazardous materials, including fuels, paints,
cleaners, solvents, pesticides, fertilizers, etc., during operations to reduce the potential for spills and to direct the safe
handlings of these materials if encountered. The HMBP shall also identify the appropriate areas for fuel dispensing,
which shall be designed with spillage catchments such that any accidental spillage is prevented from entering
waterways or into the aquifer. The approved HMBP shall be maintained on-site and all personnel shall
acknowledge that they have reviewed and understand the plan.
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.
6.0 Environmental Reference Material
1. Butte County Association of Governments. Butte Regional Conservation Plan, First Administrative Draft.
Accessed May 7 2013. (available at http://www.buttehcp.com/BRCP-Documents/1st-Admin-Draft-
BRCP/index.html)
2. Butte County Association of Governments. Butte Regional Transit (B-Line). 2008. Bus Basics. Available at
www.blinetransit.com/. Accessed on May 7, 2013.
3. Butte County 2030 General Plan. Environmental Impact Report. Oroville, CA. April 8, 2010. (Available at
http://www.buttegeneralplan.net/products/2010-08-30_FEIR/default.asp.)
4. Butte County General Plan 2030. Oroville, CA. October 26, 2010. (available at
http://www.buttegeneralplan.net/products/2010-10-26_GP2030/Butte_County_General_Plan.pdf)
5. Butte County 2030 General Plan. Settings and Trends Report. Public Draft. Oroville, CA. August 2, 2007.
(Available at http://www.buttegeneralplan.net/products/SettingandTrends/default.asp.)
6. Butte County. Housing Element of the Butte County General Plan (2010-2030). 2010.
7. Butte County Noise Control Ordinance (Ordinance No. 4053). Adopted on March 26, 2013. (Available at
http://www.buttecounty.net/Development%20Services/PLANNING%20DIVISION/Noise%20Ordinance.aspx)
8. Butte County Zoning Ordinance. Adopted on November 6, 2012. (Available at
http://www.buttegeneralplan.net/
9. Butte County. Resolution 10-150. Resolution of the board of supervisors of the County of Butte, state of
California, making findings of fact in support of Butte County General Plan 2030 and its associated
environmental impact report, rejecting alternatives, adopting a mitigation monitoring and reporting plan, and
adopting a statement of overriding considerations. Adopted October 26, 2010.
10. Butte County. Section III, Seismic and Geologic Hazards, Health and Safety Element of the Butte County
General Plan (2010-2030). 2010.
11. Butte County Planning Department. Butte County GIS Data. May 2013.
12. Butte County Public Works Department. 2011 Butte County Bicycle Plan. June 14, 2011.
13. Butte County Air Quality Management District. CEQA Air Quality Handbook – Guidelines for Assessing Air
Quality Impacts for Projects Subject to CEQA Review. January 2008.
14. Butte Local Agency Formation Commission (LAFCO). Durham Recreation and Park District Municipal
Service Review Update and Sphere of Influence Plan. April 2009.
15. California Air Resources Board. “ARB approves tripling of early action measures required under AB 32”.
News Release 07-46. http://www.arb.ca.gov/newsrel/nr102507.htm. October 25, 2007.
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16. California Air Resources Board. Climate Change Scoping Plan: a framework for change. December 2008.
17. California Air Resources Board. Expanded List of Early Action Measures to Reduce Greenhouse Gas
Emissions in California Recommended for Board Consideration. October 2007.
18. California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake
Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007.
19. California Department of Conservation, Division of Land Resource Protection. A Guide to the Farmland
Mapping and Monitoring Program. 2004.
20. CDFG. Staff Report regarding Mitigation for Impacts to Swainson’s Hawks (Buteo swainsoni) in the Central
Valley of California. 13 p. 1994.
21. Department of Toxic Substance Control. 2009. Envirostor Database. Accessed on May 7, 2013.
http://www.envirostor.dtsc.ca.gov/public.
22. Durham Unified School District. 2009. District Boundaries. www.durhamunified .org. Access on May 7, 2013.
23. U.S. Census Bureau. Annual Estimates of the Resident Population – 2012 Population Estimates for Butte
County, California. March 5, 2013.
24. U.S. Census Bureau. Profile of General Population and Housing Characteristics – 2010. Butte County,
California. March 5, 2013.
25. Gallaway Enterprises. Biological Resources Assessment – Old Durham Wood, Butte County, CA (GE Project
number 13-065). February 13, 2014.
26. Gallaway Enterprises. Draft Delineation of Waters of the United States – Old Durham Wood Expansion
Project. October 2013.